HomeMy WebLinkAbout20194155.tiff -ete
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WELD COUNTY
CODE ORDINANCE 2019-02
IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS , CHAPTER '14
HEALTH AND ANIMALS, CHAPTER 23 ZONING AND CHAPTER 29 BUILDING
REGULATIONS, of THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO :
WHEREAS, the Board of County Commissioners of the County of Weld , State of Colorado ,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County , Colorado , and
WHEREAS , the Board of County Commissioners , on December 28 , 2000 , adopted Weld
County Code Ordinance 2000- 1 , enacting a comprehensive Code for the County of Weld ,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption , and
WHEREAS , the Weld County Code is in need of revision and clarification with regard to
procedures , terms , and requirements therein .
NOW, THEREFORE , BE IT ORDAINED by the Board of County Commissioners of the County
of Weld , State of Colorado , that certain existing Chapters of the Weld County Code be , and hereby
are , repealed and re-enacted , with amendments , and the various Chapters are revised to read as
follows .
CHAPTER 14
HEALTH AND ANIMALS
Amend Sec . 14-4-20 . Failure to control ,.
It is unlawful for the owner or any person having custody of any dog to fail to control said dog
within the County , except the portions of the County which are within the city limits of any
incorporated municipality within the County . An owner or other person having custody of a dog
shall be deemed not to control a dog under the following circumstances :
A. thru E . 4 . — No change.
5 . It shall be an affirmative defense to an alleged violation of Subsection A above if a Use by
Special Review permit has been approved by the Board of County Commissioners and a
map recorded in the County Clerk and Recorder's Office for a kennel in order to exceed
the maximum number established in Chapters 14 and 23 of this Code .
6 . It shall be an affirmative defense to an alleged violation of Subsection A above if a zoning
permit has been approved by the Department of Planning Services or Board of County
Commissioners in order to exceed the maximum number established in Chapters 14 and
23 of this Code .
Remainder of Section — No change .
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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 , SUBDIVISION of land , and
BUILDINGS by virtue of Section 30-28- 101 , et seq . , C . R . S . ; to regulate certain activities on and
USES of land by Section 29-20- 101 , et seq . , C . R . S . ; to designate and administer areas and
activities of state interest by Section 24-65 . 1 - 101 , et seq . , C . R . S . ; to regulate PLANNED UNIT
DEVELOPMENTS by Section 24-67 - 101 , et seq . , C . R. S . ; to establish the point at which statutory
vesting occurs pursuant to Section 24-68- 101 , et seq . , C . R . S . ; and to exercise the powers of a
Board of Health to adopt rules and regulations pursuant to Section 25- 1 -508(5) (g) , C . R. S . In
addition , the COUNTY is authorized to regulate zoning , planning , SUBDIVISION of land , and
BUILDINGS by virtue of the Home Rule Charter. Should further authorizing legislation exist or be
enacted , this Chapter is additionally deemed to be enacted pursuant thereto , except to the extent
it may be inconsistent therewith .
Amend Sec. 23 -1 -50 . Interpretation.
A . thru I . — No change.
J . All USES listed in this Chapter are representative and are not exclusive .
Amend Sec . 234 -80 . Implementation procedures .
A . Repeal of Previous Zoning Resolution : Applicable only to 1981 Redistricting . The Official Weld
County Zoning Resolution adopted May 29 , 1961 , was repealed on August 18 , 1981 . The
Official Weld County Zoning map in hard copy is replaced with the digitized version of this
map that is maintained in joint cooperation with the Weld County Assessor' s Office and the
Weld County GIS office . The digitized map is available electronically through the County
webpage and is updated periodically. The repeal of the Official Weld County Zoning
Resolution shall not prevent the prosecution and punishment of any person for any
VIOLATION committed prior to its repeal and map amendment. The repeal of the Zoning
Resolution shall not affect or repeal any conditions or standards imposed as a condition for
approval of any land use decision by the Board of County Commissioners prior to the effective
date of the Zoning Ordinance codified herein and any amendment thereto .
B . REPEALED.
C . REPEALED .
Amend Sec. 23 -1 -90 . Definitions .
The following specific words and phrases , when appearing in this Chapter in uppercase
letters , shall have the meanings stated in this Section :
100- YEAR FLOOD. A FLOOD having a recurrence interval that has a one ( 1 ) percent chance
of being equaled or exceeded during any given year. The terms "one hundred-year FLOOD" and
"one-percent-chance FLOOD" are synonymous with the term 100-YEAR FLOOD. The term does
not imply that the FLOOD will necessarily happen once every one hundred ( 100) years .
100- YEAR FLOODPLAIN: The area of land susceptible to being inundated as a result of the
occurrence of the 100-YEAR FLOOD .
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500- YEAR FLOOD : A FLOOD having a recurrence interval that has a two-tenths (0 . 2 ) percent
chance of being equaled or exceeded during any given year. The term "0 . 2-percent-chance
FLOOD" is synonymous with the term 500-YEAR FLOOD. The term does not imply that the
FLOOD will necessarily happen once every five hundred (500) years .
500- YEAR FLOODPLAIN: The area of land susceptible to inundation as a result of the
500-YEAR FLOOD.
ACCESSORY BUILDING, STRUCTURE or USE: any BUILDING , STRUCTURE , or USE
which :
a . is subordinate in purpose , area or intensity to the PRINCIPAL BUILDING or USE served ,
b . Is normally associated with the principal BUILDING or USE ,
c . Contributes to the needs of the occupants , business enterprise or industrial operation
within the PRINCIPAL BUILDING or USE served , and
d . Is located on the same LOT as the PRINCIPAL BUILDING or USE .
ADDITION: Any activity that expands the enclosed footprint or increases the horizontal square
footage of an existing STRUCTURE .
ADJACENT When used to indicate land in the immediate vicinity of a LOT , means land which
shares a boundary line with the LOT in question or which would share a boundary line were it not
for the separation caused by a STREET/ROAD or ALLEY .
ADULT BUSINESS; SERVICE or ENTERTAINMENT ESTABLISHMENT: Any business ,
service or entertainment establishment open to the public in which persons appear in a STATE
OF NUDITY for the purpose of entertaining patrons at such establishment . This definition does
not include any establishments offering such entertainment where those establishments hold a
valid liquor license pursuant to the Colorado Liquor Code or Beer Code ,
AGRICULTURAL PRODUCTION: Processing , packing , sorting , mixing , and/or blending of
crops and other plants grown on premises and/or processing , packing , sorting , storing , drying ,
mixing , blending , and/or selling of crops and other plants grown off premises , and BUILDINGS
and STRUCTURES related thereto . AGRICULTURAL PRODUCTION does not include
production of ethanol or alcoholic beverages . See also FARMING.
AGRITAINMENT: A USE ACCESSORY to FARMING , open to the paying public, and typically
including attractions such as amusement rides , corn mazes , haunted houses , petting zoos , and
the like . AGRITAINMENT may also include live entertainment such as musical or comedy
performances but excludes rodeos and racing events .
AGRITOURIM: 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 . AGRITOURJM excludes rodeos and
racing events .
AIRPORT: Any locality , situated on water or land which is adapted for the landing and taking
off of aircraft and which may provide facilities for shelter, supply and repair of aircraft, or a place
USED regularly for receiving or discharging passengers or cargo by air. Includes all land ,
BUILDINGS , STRUCTURES or other improvements necessary or convenient in the
establishment and operation of an AIRPORT.
Delete AIRRORT.AIRRCRT 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 , 6901 feet above MEAN SEA LEVEL) .
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Delete AIRPORT HA ARD. A/RPCRT REFERENCE POINT: The point established as the
geographic center of the GREELEY-WELD COUNTY AIRPORT landing area . The reference point
at GREELEY-WELD COUNTY AIRPORT is a point three thousand one hundred (3 , 100) feet west
of the east line of Section 2 , TSN , R6BW 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 40026' 8" north and Longitude 104 °37' 85 " west.
AIRSTRIP: - No change .
ALLEY A minor PUBLIC or private STREET/ROAD primarily for vehicular service access to
the rear or side of LOTS otherwise abutting on a STREET/ROAD . ALLEYS have thirty (30) feet
of RIGHT-OF-WAY width or less . For the purposes of enforcing OFFSETS only , ALLEYS shall
not be considered STREETS/ROADS .
ALTERATION OR RELOCATION OF A WATERCOURSE Any DEVELOPMENT which
changes the direction of flow of water in a river or stream . Any CHANNELIZATION of a river or
stream is also considered to be an ALTERATION OR RELOCATION OF A WATERCOURSE .
ANIMAL BOARDING : The maintaining of LIVESTOCK, other than those owned by the
property owner and where any of the following are provided : shelter, care , feed and water.
ANIMAL UN/T: A term and number used to establish an equivalency for various species of
LIVESTOCK . The number of LIVESTOCK allowed by right is dependent upon bulk requirements
of the A (Agricultural ) , E ( Estate) and R- 1 ( Low- Density Residential) Zone District . LIVESTOCK
in excess of the bulk requirements for the Agricultural Zone District shall require a Use by Special
Review Permit for a LIVESTOCK CONFINEMENT OPERATION or ANIMAL BOARDING and
animal TRAINING FACILITY . All LIVESTOCK shall have the following ANIMAL UNIT equivalents
and bulk requirements contained in Tables 23. 1A, 23 . 1B , and 23 . 1C , below:
Table 23. 1A
ANIMAL UNITS in the A (Agricultural) Zone Cis tric t
Maximum Number of Animals per Acre
Number of
Animals Less
ANIMAL UNIT Less than 320 Less than 540 640 Gross Acres
Equivalent to Than
Equivalents Gross Acres, or a Gross Acres, or a or Greater, or a
One ANIMAL 120
Minimum of 120 Minimum of 320 Minimum of 1
UNIT Gross
Gross Acres Gross Acres Section
Acres
4
a
Remainder of Table 23 . 1A — No change .
Table 23. 1B
ANIMAL UNITS in the F (Estate) Zone District
0
ANIMAL UNIT Number of Animals Equivalent to One Maximum Number Per Gross
Equivalents ANIMAL UNIT Acre
Remainder of Table 23 . 1E — No change
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Table 23. IC
C
ANIMAL UNITS in the R- 1 (Low-Density Residential) Zone District
11 ANIMAL UNIT Number of Animals Equivalent to One A NI A L Maximum Number Per
Equivalents UNIT LOT
Remainder of Table 23 . 1C — No change .
Delete Table 23 . 1D. Animal Units in the A- 1 (Concentrated Animal ) Zone District
Any combination of the above LIVESTOCK and their equivalents as a Use by Right shall not
exceed the maximum of four (4) ANIMAL UNITS per acre in the A (Agricultural ) Zone District on
LOTS less than one- hundred twenty ( 120) gross acres , not to exceed six (6) ANIMAL UNITS per
acre on LOTS a minimum of one- hundred twenty ( 120) gross acres and less than three hundred
twenty ( 320 ) gross acres , not to exceed eight (8) ANIMAL UNITS per acre on LOTS a minimum
of one-half CA) of a Section and less than six hundred forty (640) gross acres , and not to exceed
ten ( 10) ANIMAL UNITS per acre on LOTS six hundred forty (640) gross acres or larger, or one
full section . In the E (Estate) Zone District, ANIMAL UNITS shall not exceed one ( 1 ) ANIMAL
UNIT per gross acre . In the R- 1 ( Low- Density Residential) Zone District , ANIMAL UNITS shall not
exceed two (2) ANIMAL UNITS per LOT. In determining the number of acres in a LOT for the
purpose of calculating the number of ANIMAL UNITS allowed as a Use by Right , the total number
of contiguously owned or controlled (for example , through lease, easement or dedication) acres
shall be included . Such contiguity shall not be affected by the existence of a platted
STREET/ROAD or ALLEY , a PUBLIC or private RIGHT-OF-WAY , state or federal PUBLIC lands ,
or a lake , reservoir, stream or other natural or artificial waterway.
ANIMATED SIGN: Any SIGN or components of a SIGN that use movement or change of
lighting to depict or give the visual impression of movement , rotation or action , or that create a
special effect or scene .
APPROACH SURFACE: A surface longitudinally centered on the extended RUNWAY
centerline , extending outward and upward from the end of the PRIMARY SURFACE and at the
same slope as the APPROACH ZONE HEIGHT limitation slope set forth in Division 1 of Article V
of this Chapter. In plan , the perimeter of the APPROACH SURFACE coincides with the perimeter
of the APPROACH ZONE .
APPROACH ZONE: The Utility Runway Visual Approach Zone, Runway Larger Than Utility
Visual Approach Zone , and Precision Instrument Runway Approach Zone as described in Section
23-5-20 .
Delete APPEAL.
AUXILIARY QUARTERS: One ( 1 ) or more interconnected rooms permanently attached to or
located within a SINGLE-FAMILY DWELLING which are arranged , designed , used or intended
for USE as a complete independent living facility for one ( 1 ) FAMILY. All AUXILIARY QUARTERS
shall comply with the following requirements:
a . and b . — No change .
c . The GROSS FLOOR AREA of the SINGLE -FAMILY DWELLING shall be no less than
one thousand six hundred ( 1 , 600) square feet in size .
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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 , having its floor
sub-grade ( below ground level ) on all sides . The lowest floor of a residential BUILDING , including
BASEMENTS , shall be at least one ( 1 ) foot above the BASE FLOOD ELEVATION ( BFE) . Any
crawl space with four (4) feet or more between the floor and the ceiling shall be considered to be
a BASEMENT .
BEACON: Any light with one ( 1 ) or more beams directed into the atmosphere or directed at
one ( 1 ) or more points not on the same ZONE LOT as the light source ; also, any light with one
( 1 ) or more beams that rotate or move .
BED AND BREAKFAST FACILITY - No change .
BEST AVAILABLE DATA : Any FLOOD data available from the federal or state governments
or any other source that is utilized by the FLOODPLAIN ADMINISTRATOR to determine the
BASE FLOOD ELEVATION or FLOODWAY location . The sources of data may include , but are
not limited to:
a . FEMA publications such as guidance documents , policy documents, technical bulletins
and regulations;
b. State publications and regulations; and
c. Other published or unpublished FLOOD studies .
BILLBOARD: A SIGN which is intended to create an income from the sale or leasing of
advertising space .
BIO OLIDS : The accumulated treated residual product resulting from a domestic wastewater
treatment works. BIOSOLIDS does not include grit or screenings from a wastewater treatment
works , commercial or industrial sludges (regardless of whether the sludges are combined with
domestic sewage) , sludge generated during treatment of drinking water or DOMESTIC SEPTA GE
or industrial septage .
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BREWERY: Any establishment licensed pursuant to the provisions of Title 44 , Article 3 ,
C . R . B . , where malt liquors or fermented malt beverages are manufactured , except BREW PUBS .
" Malt liquors" are defined in C . R . S. Section 44 -3- 103(30) . " Fermented malt beverages" are
defined in C. R . S . Section 44-4- 103 ( 1 ) . BREW PUB: A retail establishment licensed pursuant to
the provisions of Title 44 , Article 3 , D . R. S . , that manufactures not more than one million eight
hundred sixty thousand X1 , 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 D . R . S . Section 44-4- 103 ( 1 ) .
BUILDABLE LOT: A LEGAL LOT on which it is possible to design and construct a BUILDING
in compliance with applicable requirements of this code and with any VARIANCES granted by
the Board of Adjustment. A LEGAL LOT may not necessarily be a BUILDABLE LOT.
BUILDING: - No change .
Delete BUILDING ENVELOPE. BUILD/NG HEIGHT The vertical distance from mean natural
grade at foundation to the highest point of the roof or appurtenances , not including CHURCH
spires and residential chimneys .
BUILDING MARKER:ER: 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 (ART: 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 ( 15000) square feet of building floor
area in warehouses that are operating and normally occupied during working hours .
CAMPING: - No change.
CAMPGROUND:ROUND: An area USED for TEMPORARY placement and occupancy of
RECREATIONAL VEHICLES or CAMPING tents operated on a COMMERCIAL basis for USE by
the public.
CANOPY SIGN: Any SIGN that is a part of, or attached to , an awning , canopy or other fabric,
plastic or structural protective cover over a door , entrance window or outdoor service area .
CARGO CONTAINER: A receptacle with all of the following characteristics :
a . thru c . — No change.
d . Designed to be easy to fill and empty .
e . — No change .
CAR WASH: An establishment providing COMMERCIAL cleaning of motor vehicles , not
including SEMI -TRAILERS .
CELL ON WHEELS (COW) : A portable mobile cellular site that provides temporary (up to
1 year) of network and wireless coverage to locations where cellular coverage is minimal or
compromised .
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CEMETERY: Land used for the burial of human remains and dedicated for memorial
purposes , whereby plots are reserved and sold . Includes columbaria and mausoleums .
CHANGEABLE COPY SIGN: A SIGN or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face or the surface of the SIGN . An
electronic or digital SIGN on which the message changes more than six revolutions per minute
shall be considered an ANIMATED SIGN and not a CHANGEABLE COPY SIGN for purposes of
this Chapter. A SIGN on which the only copy that changes is an electronic or mechanical
indication of time or temperature shall be considered a "time and temperature" portion of a SIGN
and not a CHANGEABLE COPY SIGN for purposes of this Chapter.
CHANNEL : The physical confines of a stream or waterway consisting of a bed and stream
banks and existing in a variety of geometries .
CHANNELJZA PPON: The artificial creation , enlargement or realignment of a stream
CHANNEL.
CHILD CARE CENTER: A facility , by whatever name known , which is maintained for the
whole or part of a day for the care of five (5) or more children who are eighteen ( 18 ) years of age
or younger and not related to the owner , operator or manager thereof, whether such facility is
operated with or without compensation for such care and with or without stated educational
purposes , as further defined in C. R . S . Section 26-6- 102 (5) . CHURCH: A BUILDING or
STRUCTURE , or groups of BUILDINGS or STRUCTURES , that by design and construction are
primarily intended for conducting organized religious services and associated ACCESSORY
USES .
Delete Table 23- 1 D . Land Use Process for Churches
Delete CLUSTER
CO-LOCATION: Locating TELECOMMUNICATION ANTENNAS or other wireless
communications equipment for more than one ( 1 ) provider on a single STRUCTURE .
COMMERCIAL : An activity where goods , products or services are bought, sold or transferred
in ownership on a fee , contract or barter basis excluding those USES listed by right and
ACCESSORY USES in the A (Agricultural ) Zone District.
COMMUNITY BUILDINGS: Governmental and non- profit BUILDINGS , including but not
limited to libraries , post offices , and museums , and quasi-PUBLIC BUILDINGS for the members
of a group , including but not limited to community clubhouses owned by homeowners'
associations , fraternal lodges, grange halls , and agricultural organization offices .
COMMERCIAL MESSAGE: Any SIGN wording , logo or other representation that, directly or
indirectly , names , advertises or calls attention to a business, product, service or other commercial
activity.
COMMERCIAL JUNKYARD : An open or ENCLOSED area where any waste , JUNK or used
or secondhand materials are bought, sold , exchanged , stored , baled , packed , disassembled or
handled , including , but not limited , to scrap iron and other metals, paper, rags , rubber tires and
bottles . A COMMERCIAL JUNKYARD also includes the storage or keeping of DERELICT
VEHICLES .
COMMERCIAL MINERAL DEPOSIT: - No change .
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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 USE , such as HOME BUSINESSES with classes of six (6) or fewer students, shall not be
considered a COMMERCIAL SCHOOL .
COMMERCIAL STORAGE BUILDINGS : A BUILDING or group of BUILDINGS consisting of
individual , self-contained units leased for ENCLOSED self-service storage of personal property .
COMMERCIAL VEHICLE Any vehicle USED or previously USED COMMERCIALLY:
excluding those USES listed by right in the A (Agricultural ) Zone District . A COMMERCIAL
VEHICLE shall include , but is not limited to , semi-tractors and SEMI-TRAILERS , dump trucks ,
construction equipment, box trucks , tow trucks , and vehicles such as taxis and ride-sharing
vehicles USED to transport passengers for a fee . A COMMERCIAL VEHICLE shall not be allowed
to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless
the USE is allowed through the zone district . For the purposes of enforcement, two-axle
passenger motor vehicles , as defined in C . R . S . Section 42- 1 - 102(58 ) , which could be utilized in
everyday personal transport , and which are USED COMMERCIALLY, such as but not limited to
taxis , ride -sharing vehicles , and work pick-up trucks , may be allowed in any zone district without
requirement of any permits provided they are operated solely by residents thereof.
Delete COMMON OPEN SPACE
COMPLETE APPLICATION: - No change .
COMPREHENSIVE PLAN: - No change .
CONDITIONAL LETTER OF MAP REVISION (CLOMR) : FEMA's comment on a proposed
project which does not revise an effective FLOODPLAIN map and would , upon construction , affect
the hydrologic or hydraulic characteristics of a FLOODING source and thus result in the
modification of the existing regulatory FLOODPLAI N .
CON/CAL SURFACE: A surface extending outward and upward from the periphery of the
HORIZONTAL SURFACE at a slope of twenty (20) to one ( 1 ) for a horizontal distance of four
thousand (4 , 000) feet.
CONICAL ZONE: The area described as CONICAL ZONE in Section 23-5-20 .
Delete CONSERVATION EASEMENT.
Delete CONSTRUCT/ ON TRAILER.
CONTRACTOR 'S SHOPS: - No change .
CORRECTIONAL FACILITY: - No change .
COUNTY: - 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 CRAWLSPACES shall comply with Technical
Bulletin 11 , as amended , of the Federal Emergency Management Agency.
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CRITICAL FACILITY: A STRUCTURE or related infrastructure , but not the land upon which
it is situated , that, if flooded , may result in significant hazards to public health and safety or
interrupt essential services and operations for the COUNTY at any time before, during or after a
FLOOD . CRITICAL FACILITIES are classified under the following categories : (A) Essential
Services ; ( B) Hazardous Materials ; (C) At- Risk Populations ; and ( D) Vital to Restoring Normal
Services .
a . Essential Services CRITICAL FACILITIES .
1 ) Essential Service CRITICAL FACILITIES include , but are not limited to :
a ) Public safety facilities such as police stations, fire and rescue stations, emergency
vehicles and equipment storage and emergency operations centers ;
b ) Emergency medical facilities such as HOSPITALS , ambulance service centers ,
urgent care centers with emergency treatment functions and non -ambulatory
surgical STRUCTURES , but excluding clinics , doctors' offices and non-urgent care
medical STRUCTURES that do not provide emergency treatment functions ;
c) Designated emergency shelters ;
d ) Communications systems such as main telephone hubs , broadcasting equipment
for cable systems , satellite TV systems , cellular phone systems, television , radio
and other types of emergency warning systems , but excluding the towers, poles ,
cables and conduits ;
e) PUBLIC utility plant facilities for generation and distribution , such as hubs ,
SEWAGE TREATMENT PLANTS , substations and pumping stations for water,
power and gas , but not including the towers , poles , power lines, buried pipelines,
transmission lines , distribution lines and service lines ; and
f) Air transportation lifelines such as airports (municipal and larger) , helicopter pads
and STRUCTURES serving emergency functions , and associated infrastructure
( aviation control towers , air traffic control centers and emergency equipment
aircraft hangars) .
2) Specific exemptions to Essential Service CRITICAL FACILITIES include wastewater
treatment plants, nonpotable water treatment plants , hydroelectric power-generating
plants and related appurtenances .
3) Public utility plant facilities may be exempted from the definition of Essential Service
CRITICAL FACILITIES if it is demonstrated that the facility is an element of a
redundant system for which service will not be interrupted during a FLOOD. At a
minimum , it shall be demonstrated that 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 ;
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b) Laboratories containing highly volatile , explosive ,� � t � , 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 ;
0 Facilities which produce or store chemicals in quantities in excess of regulated
threshold limits . If the owner of a facility is required by OSHA to keep a Material
Safety Data Sheet (MSDS) on file for any chemical stored or used in the workplace
and the chemical is stored in quantities equal to or greater than the regulated
United States Environmental Protection Agency Threshold Planning Quantity for
that chemical , then that facility will be considered a CRITICAL FACILITY.
2 ) Specific exemptions to Hazardous Materials CRITICAL FACILITIES include :
a ) Finished consumer products within retail centers and households containing
hazardous materials intended for household use and agricultural products
intended for agricultural use ;
b) BUILDINGS or other STRUCTURES containing hazardous materials for which it
can be demonstrated to the satisfaction of the COUNTY by hazard assessment
and certification by a qualified professional that a release of the subject hazardous
material does not pose a major threat to the public; or
c) Pharmaceutical sales , use , storage and distribution centers that do not
manufacture pharmaceutical products .
c. At- Risk Populations CRITICAL FACILITIES .
1 ) At-risk population facilities include , but are not limited to :
a ) Elder care facilities, including nursing homes ;
b) Congregate care serving twelve ( 12) or more individuals , including CHILD CARE
CENTERS , FAMILY CHILD CARE HOMES and assisted living facilities ; and
c) PUBLIC and private SCHOOLS , including preschools , K- 12 SCHOOLS and
before- and after-school daycare serving twelve ( 12) or more children .
d . CRITICAL FACILITIES Vital to Restoring Normal Services .
1 ) CRITICAL FACILITIES Vital to Restoring Normal Services include, but are not limited
to :
a) Essential government operations , including public records , courts , jails , building
permitting , inspections services , community administration and management ,
maintenance and equipment centers ; and
b ) Essential STRUCTURES for PUBLIC colleges and universities , including
dormitories , OFFICES and classrooms .
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2 ) CRITICAL FACILITIES Vital to Restoring Normal Services listed in Paragraph 1 )
above may be exempted from the definition of CRITICAL FACILITIES if it is
demonstrated that the facility is an element of a redundant system for which service
will not be interrupted during a FLOOD . At a minimum , it shall be demonstrated that
redundant facilities are available (either owned by the same utility or available through
an intergovernmental agreement or other contract) and connected , the alternative
facilities are either located outside of the 100-YEAR FLOODPLAIN or are compliant
with the provisions of this ORDINANCE , and an operations plan is in effect that states
how redundant systems will provide service to the affected area in the event of a
FLOOD . Evidence of ongoing redundancy shall be provided upon request.
e . Exemptions listed for particular categories of CRITICAL FACILITIES shall not apply to
STRUCTURES or related infrastructure that also function as CRITICAL FACILITIES under
another category outlined in this definition .
DAIRY: An establishment for the primary production and subsequent sale or distribution of
milk and/or milk products, See LIVESTOCK CONFINEMENT OPERATION .
DERELICT MANUFACTURED OR MOBILE- [JF 1 ] HO E; A MANUFACTURED HOME or
mobile home that is partially or totally damaged by fire, earthquake , wind or other natural causes ,
or is in a state of general dilapidation , deterioration or decay resulting from improper lack of
maintenance , vandalism or infestation with vermin or rodents . A MANUFACTURED HOME shall
not be allowed to deteriorate to the condition of a DERELICT MANUFACTURED OR MOBILE
HOME . Any such DERELICT MANUFACTURED OR MOBILE HOME shall be returned to and
maintained in the condition as originally established on site and as inspected by the Building
Inspection Department , or it shall be removed from the site .
DERELICT SIGN: A SIGN that is partially or totally damaged by fire, earthquake , wind or
other natural causes , or is in a state of general dilapidation , deterioration or decay resulting from
improper or lack of maintenance , vandalism or infestation with vermin or rodents .
DERELICT VE /CLE: 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. B . Sections
42-4-202 (4) , 42- 12 -301 or 42- 12-401 , and/or the number plate assigned to it is not permanently
attached to the vehicle , as required by C . R . S . Section 42-3-2O2 , } or is lacking proper equipment
to the extent that it would be unsafe or illegal to USE on PUBLIC STREET/ROAD
RIGHTS-OF-WAY or otherwise not equipped with lamps and other equipment, as required in
C . R . S . Sections 42-4-204 to 42-2-230 . This definition shall not include implements of husbandry ,
farm tractors or vehicles customarily operated in a FARMING operation .
Delete DEVELOPER.
DEVELOPMENT: The placement , construction , erection , reconstruction , movement and/or
alteration of BUILDINGS and/or other STRUCTURES , the placement of paved areas , drainage
improvements or alterations on the historic flow of drainage patterns or amounts , and the
placement of lighting and/or other appurtenances related to any and all USES , excluding OIL AND
GAS FACILITIES . Includes 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 .
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DEVELOPMENT SIGN: A FREESTANDING SIGN maintained by a DEVELOPMENT'S
homeowners' association and located on property owned by the homeowners' association . The
SIGN may contain the name , symbol or location of a PLANNED UNIT DEVELOPMENT or
SUBDIVISION . PLANNED UNIT DEVELOPMENTS with COMMERCIAL and/or industrial USES
may include the names of the businesses in the DEVELOPMENT on the DEVELOPMENT SIGN .
DEVELOPMENT STANDARDS: A list of items that are compiled and approved by the
COUNTY that governs the USE and/or operation of a Special Review Permit or Site Plan Review.
The list is placed on the Special Review Permit map or Site Plan Review map prior to recording
the map with the County Clerk and Recorder.
DISTILLERY: Any establishment licensed pursuant to the provisions of Title 44 , Article 3 ,
D . R . B . , where spirituous liquors are manufactured . " Spirituous liquors" are defined in C . R . S .
Section 44-3- 103 ( 54 ) .
DISTRIBUTION CENTER: A BUILDING where goods are stored for distribution to a retailer
or other destination .
DOMESTIC EFTA E: Liquid or solid material removed from a septic tank , cesspool ,
portable toilet , Type HI marine sanitation device or similar treatment works that receives only
domestic sewage . DOMESTIC SEPTAGE does not include liquid or solid material removed from
a septic tank, cesspool or similar treatment works that receives either commercial wastewater or
industrial wastewater and does not include grease removed from a grease trap at a
RESTAURANT .
DOMESTIC WATER: - No change .
Delete DOUBLE FRONTAGE.
DWELLING, DUPLEX: A BUILDING , other than a MANUFACTURED HOME , containing two
(2 ) DWELLING UNITS , each occupied by not more than one ( 1 ) LIVING UNIT.
DWELLING, MULTI-FAMILY: A BUILDING other than a MANUFACTURED HOME ,
containing three (3) or more DWELLING UNITS , each occupied by not more than one ( 1 ) LIVING
UNIT.
DWELLING, SINGLE-FAMILY: A DWELLING UNIT arranged , designed and intended to be
occupied by not more than one ( 1 ) LIVING UNIT.
Delete DWELLING, THREE-FA MIL /TRIPLE .
Delete DWELLING, TWO-FAMILWO' UPI_ Ems.
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 AI -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 .
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In the case of Zones A1 -30 , AE , Al A99 , AO , AH , B , C , X and D , ELEVATED BUILDING also
includes a BUILDING ELEVATED by means of FILL or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of FLOOD waters.
ENCLOSED: - No change .
EVENT FACIL/ TY: 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 structures' .
EXISTING MANUFACTURED TURED 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 ORSUBDIVISION: The
preparation of additional sites by the construction of facilities for servicing the LOTS on which the
MANUFACTURED HOMES are to be affixed ( including , at a minimum , the installation of utilities ,
the construction of STREETS/ROADS and either final site grading or the pouring of concrete
pads) .
EXTRACTOR : Any individual , partnership , association or corporation which extracts
COMMERCIAL MINERAL DEPOSITS for USE in the business of selling such deposits or for USE
in another business owned by the EXTRACTOR or any department or division of federal , state ,
county or municipal government which extracts such deposits .
FAMILY. - No change .
FAMILY CHILD CARE HOME: A facility for child care in a place of residence of a family or
person for the purpose of providing less than twenty-four-hour care for children under the age of
eighteen ( 18) years who are not related to the head of such home, as further defined in C . R .S.
Section 26 -6- 102 ( 13 ) .
Delete FARM, RANCH AND GARDEN BUILDINGS ND USES .
.
FARMING : The cultivation of land ; the growing , storage , drying , and/or seasonal sale of
crops , plants , flowers , and nursery stock raised on the premises ; and ranching and/or the raising
of LIVESTOCK , excluding LIVESTOCK CONFINEMENT OPERATIONS . FARMING also includes
TEMPORARY storage and sorting of in-transit crops , plants , flowers , and nursery stock not raised
or for sale on the premises . See also AGRICULTURAL PRODUCTION.
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FARMLAND - U. S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION
SERVICES: The availability of a consistent supply of clean water must exist in order to have prime
FARMLAND . Prime FARMLAND is land that has the best combination of physical and chemical
characteristics for producing food , feed , forage , fiber and oilseed crops , and is also available for
these USES (the land could be cropland , pastureland , rangeland , forest land or other land , but
not urban build-up land or water) . It has the soil quality , growing season and moisture supply
needed to economically produce sustained high yields of crops when treated and managed ,
including water management, according to acceptable FARMING methods , In general ,
FARMLANDS have an adequate and dependable water supply from precipitation or irrigation , a
favorable temperature and growing season , salt and sodium content and few or no rocks . Prime
FARMLANDS are permeable to water and air. Prime FARMLANDS are not excessively erodible
or saturated with water for a long period of time, and they either do not FLOOD frequently or are
protected from FLOODING . (U . S . Department of Agriculture , Soil Conservation Services [special
Series 17] , January 1980 ; additional supplements .)
FARMLAND - WELD COUNTY NONPRIME: - No change.
FARMLAND - WELD COUNTY PRIME: - No change .
FILL: Any material such as earth , clay , sand , concrete, rubble or waste of any kind which is
placed or stored upon the surface of the ground .
F/SHIN : - 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 .
FLOA TABLE MATER/ALS: Any material that is not secured in place that could float offsite
during the occurrence of a FLOOD and potentially cause harm to downstream property owners
or that could cause blockage of a culvert , bridge or other drainage facility. FLOATABLE
MATERIALS include , but are not limited to, lumber, vehicles , boats , equipment, drums or other
containers or pieces of material that are likely to float.
Delete FLOOD.
FLOOD or FLOODING : A general and temporary condition of partial or complete inundation
of normally dry land areas from :
a . The overflow of water from CHANNELS and reservoir spillways ; and/or
b. The unusual and rapid accumulation or runoff of surface waters from any source .
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) : The official map on which FEMA has
delineated SPECIAL FLOOD HAZARD AREAS , FLOODWAYS and the risk premium zones
applicable to the COUNTY .
FLOOD INSURANCE RATE MAP (FIRM) : The official map on which FEMA has delineated
both the SPECIAL FLOOD HAZARD AREAS and the risk premium zones applicable to the
COUNTY .
FLOOD INSURANCE STUDY (PIS) : 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 .
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FLOODPLAW or FLOOD-PRONE AREA : Any land area susceptible to being inundated as
a result of a FLOOD , including the area of land over which floodwater would flow from the spillway
of a reservoir. The FEMA-mapped FLOODPLAINS are shown on FEMA' s DFIRM , FIRM and
FBFM maps .
FLOODPLAIN ADMINISTRATOR: The designated COUNTY official responsible for
administering and enforcing this ORDINANCE .
FLOODPLAIN DEVELOPMENT PERMIT: A permit required before construction or
DEVELOPMENT begins within any SPECIAL FLOOD HAZARD AREA (SFHA) . Permits are
required to ensure that proposed DEVELOPMENT projects meet the requirements of the National
Flood Insurance Program and this ORDINANCE .
FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and
preventative measures for reducing FLOOD damage , including but not limited to emergency
preparedness plans , FLOOD control works and enactment and updating of this ORDINANCE .
FLOODPLA /N MANAGEMENT ORDINANCE (ORD/NANCE) : 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 .
FLGGOPRGGP or FLGG0PROOFING: Any combination of structural and nonstructural
designs, changes or adjustments to STRUCTURES , with the exception of steel rings surrounding
oil and gas storage vessels , which reduce or eliminate FLOOD damage to real estate , improved
real property, water and sanitary sewer facilities , and STRUCTURES and their contents .
FLOODWAY (REGULATORY FLOODWAY) : The CHANNEL of a river or other
WATERCOURSE and the ADJACENT land areas that must be reserved in order to discharge the
BASE FLOOD without cumulatively increasing the WATER SURFACE ELEVATION more than a
designated height. The statewide standard for the designated height to be used for all newly
studied reaches shall be one- half (1/2) foot (six [6] inches) . Holders of valid LETTERS OF MAP
REVISION to existing FLOODWAY delineations may continue to use the FLOODWAY criteria in
place at the time of the existing FLOODWAY delineation by FERIA. FEMA's mapped
FLOODWAYS are shown on the FIRM and FBFM maps .
FLOWLINES: A segment of pipe transferring oil , gas , or condensate between a wellhead and
PROCESSING equipment to the load point or point of delivery to a U . S . Department of
Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public
Utilities Commission regulated gathering line or a segment of pipe transferring produced water
between a wellhead and the point of disposal , discharge , or loading . This definition of FLOWLINE
does not include a gathering line . The different types of FLOWLINES are :
Wellhead Line: A FLOWLINE that transfers well production fluids from an oil or gas well to
process equipment (e . g . , separator, production separator, tank , heater treater) , not including
preconditioning equipment such as sand traps and line heaters , which do not materially
reduce line pressure .
Production Piping : A segment of pipe that transfers well production fluids from a wellhead line
or production equipment to a gathering line or storage vessel and includes the following :
Production Line : A FLOWLINE connecting a separator to a meter, LACT, or gathering line ;
Dump Line: A FLOWL1NE N E that transfers produced water, crude oil , or condensate to a
storage tank , pit , or process vessel and operates at or near atmospheric pressure at the
flowline's cutlet;
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Manifold Piping : A FLOWLINE that transfers fluids into a piece of production facility
equipment from lines that have been joined together to comingle fluids ; and
Process Piping : All other piping that is integral to oil and gas exploration and production
related to an individual piece or a set of production facility equipment pieces .
Off-Location Flowline : A FLOWLINE transferring produced fluids (crude oil , natural gas ,
condensate , or produced water) from an OIL AND GAS LOCATION to a production facility ,
injection facility , pit , or discharge point that is not on the same OIL AND GAS LOCATION .
This definition also includes FLOWLINES connecting to gas compressors or gas plants .
Peripheral Piping : A FLOWLINE that transfers fluids such as fuel gas , lift gas , instrument gas,
or power fluids between OIL AND GAS FACILITIES for lease use .
Produced Water Flowline : A FLOWLINE on the OIL AND GAS LOCATION used to transfer
produced water for treatment, storage, discharge , injection or reuse for oil and gas operations .
A segment of pipe transferring only freshwater is not a FLOWLINE .
FOSTER CARE HOME: A home certified by the County or a child placement agency for child
care in the residence of a person or FAMILY for the purpose of providing twenty-four-hour care
for one ( 1 ) or more children under the age of twenty-one (21 ) , as further defined in . R . S. Section
26-6- 102 ( 13) , and includes kinship foster care homes , as defined by C .R. S . Section 26-2- 102(21 ) .
FREESTANDING SIGN: Any SIGN supported by STRUCTURES or supports that are placed
on , or anchored in , the ground and that are independent from any BUILDING or other
STRUCTURE . Does not include BILLBOARDS or OFF-SITE DIRECTIONAL SIGNS .
FUNERAL HOME - No change .
GARDENING: The cultivation of plants without the use of tractors or other heavy machinery,
including PUBLIC or private community gardens .
GEOLOGIC HAZARD: The hazard posed to human life or property by GROUND
SUBSIDENCE and/or seismic activity .
GEOLOGIC HAZARD AREA : An area located over a bedrock fault or coal mine , as
designated by the U . S . Geological Survey on the map titled Extent of Abandoned Coal- Mine
Workings and Locations of Mine Shafts , Adits , Air Shafts , and Faults, as amended . [Available
online at https : //pubs . usgs. gov/imap/i -2735/i-2735 . pdf. ]
GREELEY- WELD COUNTYAIRPORT: The AIRPORT located in Sections 2 and 3, T5N , and
Sections 26 and 35 , T6N , R65W of the 6th P . M . , Weld County , Colorado .
GROSS FLOOR AREA : The total floor area of each horizontal level of a BUILDING , including
habitable penthouses and attic space , but not including vent shafts , courts or uninhabitable areas
below ground level or in attics .
GROUND SUBSIDENCE: - No change .
GROUP HOME FA /LIT : A facility which is licensed by the State , and/or authorized or
regulated by either the state or federal government or both , and which provides
non-institutionalized housing for a group of persons living as a single housekeeping unit, as
determined by reference to C . R .S. Section 30-28- 115 . A GROUP HOME FACILITY shall be for
one ( 1 ) of the following groups :
a . A group of no more than eight (8) persons with intellectual and developmental disabilities
in a state-licensed group home , as referred to in C.R.S. Section 30-28- 115(2) (a) ;
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b . A group of not more than eight (8) persons with behavioral and mental health disorders
living in a state -licensed group home , as referred to in C .R.S. Section 30-28- 115(2) (b. 5) ,
and not located within seven hundred fifty (750 ) feet of another GROUP HOME
FACILITY ; or
c. A group of not more than eight (8) persons , sixty (60) years of age or older , who do not
need nursing facilities , as referred to in D . R . S . Section 30-28- 115(2) ( b) , and not located
within seven hundred fifty (750) feet of another such GROUP HOME FACILITY .
Group homes that do not meet the conditions listed above shall be considered RESIDENTLAL
THERAPEUTIC CENTERS for the purposes of this Code .
HAZARD TO AIR IAA VILA TION: An obstruction determined to have a substantial adverse
effect on the safe and efficient utilization of the navigable airspace .
De &yete HAZARD AREA .
HEAVY AN FA TUR/NG - PROCESSING: The manufacture or compounding process of
raw materials . These activities or processes necessitate the storage of large volumes of highly
flammable , toxic materials or explosive materials needed for the manufacturing process . These
activities may involve outdoor operations as part of the manufacturing process . Examples include
ethanol , synthetic fertilizer, and tire manufacturing plants .
HEIGHT: For the purpose of determining the HEIGHT limits in all GREELEY-WELD COUNTY
AIRPORT zones set forth in Division 1 of Article V of this Chapter, the datum shall be MEAN SEA
LEVEL elevation unless otherwise specified .
HELIPORT: An area designed and USED for the landing , takeoff, maintenance , and fueling
of helicopters .
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a STRUCTURE .
HISTORIC STRUCTURE: Any STRUCTURE that is :
a . Listed individually in the National Register of Historic Places ( a listing maintained by the
Department of the Interior) or preliminarily determined by the United States Secretary of
the Interior as meeting the requirements for individual listing on the National Register;
b. Certified or preliminarily determined by the United States Secretary of the Interior as
contributing to the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic district ;
c . Individually listed on the State inventory of historic places ; or
d . Individually listed on the State inventory of historic places in communities with historic
preservation programs that have been certified by the State .
HISTORIC TOWNSITE: A group of LOTS , tracts , or parcels of land created by recording a
plat or map which shows the boundaries of such lots , tracts , or parcels and the original parcel
from which they were created , recorded prior to September 20 , 1961 . HISTORIC TOWNSITE
includes all property within such plat or map, whether or not amended or resubdivided by
subsequent plat or map , except for any property removed from said plat or map with approval by
the Board of County Commissioners.
HOME BUSINESS: IA_U E pF2i incidental to the principal permitted USE for gainful
employment of the FAM I LY residing on the property, where :
a . and b . No change .
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A HOME BUSINESS shall not include the following : clinic, HOSPITAL , nursing home , animal
hospital , HOTEL/MOTEL , RESTAURANT, FUNERAL HOME , or organized classes where more
than six (6) persons meet together for instruction on a regular basis ( does not include classes
sponsored by a PUBLIC SCHOOL) .
HOME OCCUPATION: A USE incidental to the principal permitted USE for gainful
employment of the FAMILY residing on the property , where the HOME OCCUPATION complies
with the requirements of Section 23-4-990 . A HOME OCCUPATION shall not include the
following : clinic, HOSPITAL , nursing home , animal hospital , HOTEL/MOTEL , RESTAURANT ,
FUNERAL HOME , vehicle or boat repair ( including painting ) or organized classes whore more
than six (6) persons meet together for instruction on a regular basis (does not include classes
sponsored by a PUBLIC SCHOOL) . Examples of CLASS I HOME OCCUPATIONS include , but
are not limited to , home offices ( no customers) , cake decoration , and Internet sales . A FAMILY
CHILD CARE HOME shall also be considered a CLASS I HOME OCCUPATION . Examples of
CLASS II HOME OCCUPATIONS include , but are not limited to , hair salons , MASSAGE
PARLORS , welding shops , and tax preparation offices with customers .
HORIZONTAL SURFACE: A horizontal plane one hundred fifty < 150 ) feet above the
established AIRPORT ELEVATION , the perimeter of which in plan coincides with the perimeter
of the HORIZONTAL ZONE (four thousand eight hundred forty (4840] feet above MEAN SEA
LEVEL) .
HORIZONTAL ZONE: The area described as HORIZONTAL ZONE in Section 23-5-20 .
HOSPITAL: - No change.
HOTEL/MOTEL: - No change .
HOUSEHOLD PETS: - No change .
HUNTING : - No change .
HUNTING LODGE: Lodging accommodations for short-term guests where the primary
attraction is HUNTING .
IDENTIFI A TION SIGN: A SIGN that only contains the address and name of the occupant.
INCIDENTAL SIGN: A SIGN , generally informational , that has a purpose secondary to the
USE of the ZONE LOT on which it is located , such as "no parking , " " entrance , " " loading only , "
"telephone" and other similar directives . No SIGN with a COMMERCIAL MESSAGE legible from
a position off the ZONE LOT on which the SIGN is located shall be considered an INCIDENTAL
SIGN .
Delete INSTRUMENT RUNWAY
JUNK: - No change .
KENNELOF3J: Any place where five ( 5) or more HOUSEHOLD PETS of one ( 1 ) species , or a
total of eight (8 ) or more HOUSEHOLD PETS of two (2 ) or more species , are kept or maintained ,
with the following exceptions :
a . On a LOT of at least ten ( 10) acres that is zoned A (Agricultural) and not in a
SUBDIVISION or HISTORIC TOVVN ITE , 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 .
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b . On other LOTS zoned A (Agricultural ) , a Zoning Permit may be granted in accordance
with Division 17 of Article IV of this Chapter for the following without being considered a
KENNEL: no more than eight (8) HOUSEHOLD PETS of one ( 1 ) species , or sixteen ( 16)
HOUSEHOLD PETS of two ( 2) or more species and , in addition , no more than thirty (30)
birds .
c. PET SHOPS .
d . Veterinary clinics .
e . Animal hospitals .
LANDSCAPE: Includes any combination of living plants, such as trees , shrubs , vines, ground
covers , flowers or turf, and may include natural features such as rock , stone and bark, and
architectural features including , but not limited to , fountains , reflecting pools , art works, screen
walls , fences , STREET/ROAD furniture, walks , decks and ornamental concrete or stonework .
Delete LANDSCAPE MAINTENANCE.
LANDSCAPING COMPANIES: Businesses principally engaged in the sale and/or installation
of LANDSCAPE materials .
LARGER THAN UTILITY RUNWAY: A RUNWAY that is constructed for and intended to be
used by propeller-driven aircraft of greater than twelve thousand five hundred ( 12 , 500) pounds
maximum gross weight and jet-powered aircraft .
LARGE SCALE SOLAR FACILITY. A facility which is used for the production of electrical
energy from energy collected by the sun including solar energy collectors , power generation
facilities , facilities for storing and transforming energy , other appurtenant facilities and any
transmission lines , which is developed for the purpose of supplying or distributing electrical energy
to users , a customer or customers and will have a rated capacity greater than thirty ( 30)
megawatts . This designation shall not include roof and/or ground mounted solar systems located
on permitted principal and accessory BUILDINGS and designed to supply power to the principle
USE(S) on site . Large Scale Solar Facilities are permitted in all zones through permits issued
pursuant to the procedures found in Chapter 21 of this Code.
LEGAL LOT As used in this Chapter, the term LEGAL LOT shall refer to any of the following :
a . A LOT within a HISTORIC TOWNSITE .
b . A LOT created prior to September 20, 1961 .
c. A LOT created between September 20 , 1961 , and December 10 , 1992 , in compliance with
the Official Subdivision Regulations , Weld County , Colorado , as amended ( referred to as
the "Weld County Subdivision Regulations") , and in conformance with the bulk
requirements and other regulations of the zone district where the LOT is located .
d . A LOT created between December 10 , 1992 , and December 18 , 2000, in compliance with
the Weld County Subdivision Ordinance , Ordinance No . 173 , as amended , and in
conformance with the bulk requirements and other regulations of the zone district where
the LOT is located .
e . Any LOT created after December 18 , 2000 , in compliance with Chapter 24 of the Weld
County Code , and in conformance with the bulk requirements and other regulations of the
zone district where the LOT is located .
A LEGAL LOT may not necessarily be a BUILDABLE LOT .
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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
ARM and FEMA's acknowledgment that a property is not located in a SPECIAL FLOOD HAZARD
AREA.
LETTER OF MAP REVISION (LOMR): A letter from FEMA officially revising the effective
FEMA maps and showing changes in FLOOD zones , delineations and elevations .
LETTER OF MAP REVISION BASED ON FILL (LOMR-F) : FEMA' s modification of the
FLOODPLAIN shown on the FIRM based on the placement of FILL outside of the existing
regulatory FLOODWAY .
LEVEE: A man- made STRUCTURE , usually an earthen embankment , designed and
constructed in accordance with sound engineering practices to contain , control or divert the flow
of water so as to provide protection from temporary FLOODING .
LEVEE SYSTEM: A FLOOD protection system which consists of a LEVEE or LEVEES and
associated STRUCTURES , such as closure and drainage devices , which are constructed and
operated in accordance with sound engineering practices .
LIVESTOCK: - No change .
LIVESTOCK CONFINEMENT OPERATION (L1C. Oj : A place of confinement for
LIVESTOCK, corralled , penned or otherwise caused to remain in pens or corrals , where feeding
is other than grazing , and where the capacity at any one ( 1 ) time is greater than permitted in the
bulk requirements for the zoning district in which it is located . An L. . O. may include DAIRIES ,
feedlots and poultry and swine production facilities .
LIVING UNIT: - No change .
LOT: A contiguous tract or parcel of land in unified ownership , with defined boundaries ,
described by metes and bounds , by reference to aliquot parts of a section or sections , or by
reference to a land survey plat recorded in the Office of the Weld County Clerk and Recorder. A
LOT constitutes the basic unit of DEVELOPMENT.
LOT COVERAGE: The maximum percentage of a LOT ' S total area that may be covered with
BUILDINGS and impervious surfaces .
LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area , including any
crawlspace or BASEMENT . Any floor used for living purposes which includes working : storage ,
sleeping , cooking , and eating or recreation , or any combination thereof. This includes any floor
that could be converted to such a use , such as a BASEMENT or crawlspace . Any unfinished or
FLOOD-resistant enclosure , usable solely for parking of vehicles , BUILDING access or storage
in an area other than a BASEMENT area , is not considered a BUILDING ' S LOWEST FLOOR;
provided that such enclosure is not built so as to render the STRUCTURE in violation of the
applicable non-elevation requirement of 44 CFR 60 . 3 .
Delete LOW GROUND SUBSIDENCE HAZARD AREA .
LUMBERYARD/WOODWORKING: An establishment where BUILDING materials are sold .
LUMBERYARDS may also process lumber by performing millwork, planing , cutting , and the like ,
and manufacture wood products such as furniture . LUMBERYARD does not include general
home improvement stores .
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MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY: PUBLIC utilities or
PUBLIC agencies operating or constructing a mine , ELECTRIC TRANSMISSION LINES ,
DOMESTIC WATER storage facilities , POWER PLANTS , SUBSTATIONS , SEWAGE
TREATMENT FACILITIES , water treatment facilities , including extensions , expansions or
enlargements thereof; STORAGE AREAS of utilities providing electricity , water, and wastewater
service , including extension , expansions or enlargements thereof.
Delete MAJOR THOROUGHFARE.
MANUFACTURED HOME A SINGLE- FAMILY DWELLING that is a preconstructed building
unit or combination of building units that:
a . Includes electrical , mechanical , or plumbing services that are fabricated , formed , or
assembled at a location other than the residential site of the completed home;
b . Is designed and USED for single-family residential occupancy in either TEMPORARY or
permanent locations ;
c . Is constructed in compliance with the " National Manufactured Housing Construction and
Safety Standards Act of 1974 " , 42 U . S . C . sec. 5401 et seq . , as amended ;
d . Does not have motive power; and
e . Is not licensed as a vehicle .
MANUFACTURED HOME PARK OR SUBDIVIS/ON: A parcel or contiguous parcels of land
divided into two (2) or more MANUFACTURED HOME LOTS for rent or sale .
MANUFACTURED STRUCTURE Any factory- assembled STRUCTURE with or without
service connections that is not a DWELLING UNIT.
MASSAGE PARLOR: - No change .
MASTER PLAN: - No change .
MEAN SEA LEVEL : For purposes of this Chapter, the National Geodetic Vertical Datum
(NGVD) of 1929 , North American Vertical Datum (NAVD) of 1988 or other datum to which BASE
FLOOD ELEVATIONS shown on the COUNTY' S FLOOD INSURANCE RATE MAP are
referenced .
MEAT PROCESSING: Slaughtering , butchering , and/or rendering of animals .
MEAT PROCESSING, CUSTOM: The slaughtering and butchering of animals in a single
BUILDING not larger than 5 , 000 square feet of GROSS FLOOR AREA .
MEDIUM SCALE SOLAR FACILITY, A facility which i -used for the production of electrical
energy from energy collet produced by the sun including solar energy collectors , power
generation facilities , facilities for storing and transforming energy, other appurtenant facilities and
any transmission lines under one hundred fifteen kilovolts ( 115 kV) , which is developed for the
purpose of supplying or distributing electrical energy to users , a customer or customers and is
located on twenty (20 ) acres or more and has a rated capacity between two [4 ) and dm lv : 30 )
megawatts , or is located on less hhar1 twenty ( g ) and has a rated capacity greater than two (2'megawatts . This designation shall not include roof nd/or ground mounted solar systems located
on permitted PRINCIPAL and ACCESSORY BUI L INGS and designed to supply power to the
principle USE (S) on site .
a/ceeted,
MIN/NG : - No change .
Delete MOBILE HOME
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Delete MOBILE HOME PAD.
Delete MOBILE HOME PARK
Delete MOBILE HOME SUBDIVISION.
Delete MODERATE GROUND SUBSIDENCE HAZARD AREA .
NEIGHBORHOOD: - No change.
NEW CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCTION
commenced on or after August 25 , 1981 , and includes any subsequent improvements to such
STRUCTURES .
NEW ANUFACT RED HOME PARK OR SUBDIVISION: A MANUFACTURED HOME
PARK OR SUBDIVISION for which the construction of facilities for servicing the LOTS on which
the MANUFACTURED HOMES are to be affixed (including , at a minimum , the installation of
utilities , the construction of STREETS/ROADS and either final site grading or the pouring of
concrete pads) is completed on or after August 25, 1981 .
NIGHTCLUB, BAR, LOUNGE OR TAVERN: - No change.
NONCOMMERCIAL JUNKYARD: An area where any waste , JUNK or used or secondhand
materials are stored or handled , including but not limited to scrap iron and other metals , paper,
rags , rubber tires , building materials and bottles . A NONCOMMERCIAL JUNKYARD may also
include the storage or keeping of DERELICT VEHICLES registered last or currently registered
under the property owner and/or tenant' s name . This definition does not include COMMERCIAL
VEHICLES . If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally
ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT
properties and PUBLIC RIGHTS-OF-WAY .
NONCOMMERCIAL TOWER: - No change .
NONCONFORMING SIGN: A SIGN that does not conform to a provision or requirement of
this Division , but which was lawfully established prior to the time of its applicability.
NONCONFORMING STRUCTURE A STRUCTURE that does not conform to a provision or
requirement of this Chapter, but was lawfully established prior to the time of its initial applicability.
NONCONFORMING USE: A USE that does not conform to a provision or requirement of this
Chapter, but was lawfully established prior to the time of its initial applicability.
Delete NONINSTRUMENT S T RUN A Y.
NON- URBANIZING : - No change .
Delete N0NURBAN SCALE DEVELOPMENT
NO-RISE CERTIFICATION: A record of the results of an engineering analysis conducted to
determine whether a project will increase FLOOD heights in a FLOODWAY. A NO-RISE
CERTIFICATION shall be supported by technical data and signed by a registered Colorado
professional engineer. The supporting technical data should be based on the computer program
model used to develop the 100-year FLOODWAY shown on the FIRM or FBFM .
NOXIOUS WEEDS: - No change .
NUDE, S TA TE OF NUDITY: - No change.
OBSTRUCTION: Any STRUCTURE , growth or other object , including a mobile object, which
exceeds a limiting HEIGHT set forth in Section 23-5-30 .
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ORD201 g-02
OFFICE: - No change .
OFFSET: The horizontal distance between any BUILDING or STRUCTURE , as measured
from the farthest projection of the BUILDING or STRUCTURE , except for window wells , air
conditioners , gutters , downspouts , or fences , and a LOT line , other than a STREET/ ROAD
RIGHT-OF-WAY line , For the purposes of enforcing OFFSETS ONLY, ALLEYS shall not be
considered STREET /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 FA CI0IT . - No change .
OIL AND GAS LOCATION: Shall mean the definable area ( s) where an OPERATOR has
disturbed or intends to disturb the land surface in order to locate an OIL AND GAS FACILITY for
the purposes of obtaining a Weld Oil and Gas Location Assessment (WOGLA) , pursuant to
Division 10 of Article II of this Chapter.
Delete Table 23- 1E . Land Use Process for Siting Oil and Gas Production Facilities .
OIL A D GAS STORAGE FACILITY - No change .
OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses
whose primary activity includes the following kinds of USES :
a . — No change.
b. Equipment and storage yards for STREET/ROAD and pipeline construction contractors ,
and production unit set- up and maintenance contractors ,
c . thru f. -- No change .
g . Oil and gas PROCESSING facilities and related equipment, including , but not limited to ,
compressors associated with gas PROCESSING or which compress gas to enter a
pipeline for transport to market .
h . Midstream activities including the PROCESSING , storing , transporting and marketing of
oil , natural gas and natural gas liquids.
OPERATOR: - No change .
ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITY: Facilities where animal
manure and other biodegradable materials are brought from other properties for composting . This
definition shall not include composting of materials produced solely on-site and meeting
exemptions from Class I , II , III compost facilities defined under the Solid Waste Regulations .
OUTDOOR STORAGE: The outdoor placement or leaving of goods for future use ,
preservation or disposal , or the renting of space for storage of RECREATIONAL VEHICLES ,
boats , and camper trailers .
OUTLOT: A LOT shown on a land survey plat recorded in the Office of the Weld County Clerk
and Recorder that is described or referred to on the plat as "OUTLOT, " and may be limited to
certain USES described on the plat. OUTLOTS are not eligible for the issuance of building permits
to construct residential STRUCTURES or STRUCTURES not otherwise authorized on the plat .
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OVERLAY ZONING DISTRICT: A zoning district superimposed over the UNDERLYING
ZONING DISTRICT which places further restrictions upon land USES . These restrictions are
intended to protect the public health , safety and welfare from man-made and natural disasters
such as airplane accidents and GEOLOGIC HAZARDS . DEVELOPMENTS within the OVERLAY
ZONING DISTRICT shall conform to the requirements of both the OVERLAY ZONING
DISTRICT(S ) and the UNDERLYING ZONING DISTRICT .
PARKING LOT An area USED for temporary daily or overnight storage of vehicles , including
drive aisles between the parking spaces , which is not located in a dedicated PUBLIC
RIGHT-OF-WAY , a travel lane , a service drive or any casoment 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 CRE A TORY: A business or nonprofit agency engaging in the incineration of deceased
HOUSEHOLD PETS .
PET SHOP: - No change.
PHYSICAL MAP REVISION (PMR) : An official revision to currently effective FEMA maps .
PMRs are issued by FEMA and document changes to FLOOD zones , delineations and elevations .
PMRs generally cover more than one ( 1 ) FIRM panel .
PIPELINE - DOMESTIC WATER: Any pipeline sixteen ( 16) inches in diameter or larger and
appurtenant components thereof (such as valves or pump stations) designed for transporting
DOMESTIC WATER in such pipeline and extending to locations outside of Weld County,
excluding :
a . Pipelines that transport or will transport DOMESTIC WATER to one 01 ) or more
municipalities , the boundaries or populations of which were, on September 1 , 2016 ,
located primarily within the COUNTY.
b . Pipelines owned or to be owned by one ( 1 ) or more municipalities , the boundaries or
populations of which were , on September 1 , 2016, located primarily within the COUNTY ,
which transport or will transport DOMESTIC WATER for use in an adjacent county
consistent with individual water tap or other agreements.
c. Pipelines that are part of an irrigation ditch , canal , reservoir, or well system that transport
less than fifty percent (50% ) of the system 's total water as DOMESTIC WATER.
PIPELINE - NATURAL GAS: - No change .
PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS: - No change.
PORTABLE SIGN: Any SIGN not permanently attached to the ground or other permanent
STRUCTURE , or a SIGN designed to be transported , including but not limited to SIGNS designed
to be transported by means of wheels ; SIGNS converted to A- or T-frames ; menu and
sandwich-board SIGNS ; balloons used as SIGNS ; umbrellas used for advertising ; and SIGNS
attached to or painted on vehicles parked and visible from the PUBLIC RIGHT-OF-WAY, unless
said vehicle is used regularly and customarily in the normal day-to-day operations of the business.
POWER PLANT: - No change .
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PRECISION INSTRUMENT RUN A Y• A RUNWAY having an existing instrument approach
procedure utilizing an Instrument Landing System ( ILS) . It also means a RUNWAY for which a
precision approach system is planned and is so indicated on an approved airport layout plan or
any other planning document .
PRIMARY SURFACE: A surface longitudinally centered on a RUNWAY extending two
hundred (200) feet beyond each end of that RUNWAY . The elevation of any point on the
PRIMARY SURFACE is the same as the elevation of the nearest point on the RUNWAY
centerline . The width of a PRIMARY SURFACE is :
a . Two hundred fifty ( 250) feet for VISUAL RUNWAYS .
b . One thousand ( 1 , 000 ) feet for PRECISION INSTRUMENT RUNWAYS .
PRINCIPALLY EMPLOYED or PRINCIPALLY ENGAGED : This definition applies to an
employee who is PRINCIPALLY EMPLOYED at or PRINCIPALLY ENGAGED in the employment
activities occurring on the subject property. This subject property shall be under review for a
Zoning Permit for a MANUFACTURED HOME to be used as an annual ACCESSORY FARMING
USE , or for activities and USES as a Use by Special Review.
PROCESSING: - No change .
PROJECTING SIGN: Any SIGN affixed perpendicular to , or at an angle to , a BUILDING or
wall in such a manner that its leading edge extends more than six (6) inches beyond the surface
of such BUILDING or wall . Considered a type of BUILDING SIGN .
PUBLIC: - No change.
PUBLIC SEWER: - No change .
PUBLIC WATER: A central water supply system provided through a municipality , water
district, water company or association for supplying water for household USES which is designed
to meet the minimum requirements of the Safe Drinking Water Act (SDWA) , 42 U . S . C. §300f.
PUBLIC WATER includes a central water supply system providing water from one or more wells
to all LOTS in a residential DEVELOPMENT through a single connected system of pipes and
facilities , and which meets the requirements of Section 24-7-80 , B.
PUD (PLANNED UNIT DE ELORIENT) : A zoning district which includes an area of land ,
controlled by one ( 1 ) or more landowners , to be developed under unified control or unified plan of
DEVELOPMENT for a number of DWELLING UNITS , COMMERCIAL , educational «Ρ recreational ,
industrial , or other USES , or any combination of the foregoing , the plan for which may not
correspond in LOT size , bulk or type of USE , density , LOT COVERAGE , open space or other
restriction to the existing land use regulations . A PUD is created in accordance with Chapter 27
of this Code .
Delete QUALIFIED GROUND WATER SCIENTIST
RACING FACILITIES: An establishment where animal , motorized vehicle , or bicycle races
are conducted outdoors, including ACCESSORY BUILDINGS or USES , such as spectator
seating , food vendors , and parking , but excluding facilities on PUBLIC SCHOOL property, tracks
exclusively for pedestrians , and facilities not open to the public.
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REAL ESTATE PROMOTION SIGN: A TEMPORARY SIGN , located on- premises or off-
premises , that identifies dwellings or other STRUCTURES under construction or to be
constructed . This is a type of TEMPORARY SIGN that can otherwise exceed TEMPORARY SIGN
standards as indicated in Appendix 23- D . On -premises SIGNS advertising SUBDIVISION
construction shall not be displayed after all LOTS or dwellings in the SUBDIVISION have been
sold . Off-premises SIGNS advertising SUBDIVISION construction shall not be displayed prior to
the date of official recording of the SUBDIVISION , and shall be removed within two (2 ) years from
the date of the issuance of the first building permit in the project or within thirty ( 30) days from the
time seventy-five (75) percent of the LOTS or dwellings in the SUBDIVISION have been sold ,
whichever time period is the least . SIGNS advertising site construction may be displayed during
the period of construction and shall be removed upon issuance of a certificate of occupancy or
final inspection , whichever occurs first.
RECREATIONAL FACILITIES: The following classes of recreational facilities have the
following meanings :
a . and b . - No change .
c . COMMERCIAL RECREATIONAL FACILITIES: includes , but is not limited to, bowling
alleys , health spas , swimming pools , tennis courts , miniature golf facilities or WATER
SKIING operated on a COMMERCIAL basis by the paying public. COMMERCIAL
RECREATIONAL FACILITIES do not include rodeos , roping arenas , RACING
FACILITIES , or SHOOTING RANGES .
RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled vehicle with or
without flexible, removable or collapsible walls and partitions , which is :
a . Built on a single chassis ;
b . Four hundred (400) square feet or less when measured at the largest horizontal projection ;
c . - Designed to be self- propelled or permanently towable by a light-duty truck ; and
d ._-Not primarily designed for USE as a permanent dwelling but instead as temporary living
quarters for recreational , CAMPING , travel or seasonal USE .
The term RECREATIONAL VEHICLE shall include : motor home , camper bus and travel
trailer, but shall not include pickup trucks with camper shells that do not extend above the
cab of the truck . A RECREATIONAL VEHICLE shall not be USED for TEMPORARY Storage ,
TEMPORARY ACCESSORY FARMING USE , TEMPORARY ACCESSORY USE During a
Medical Hardship , TEMPORARY ACCESSORY USE as an OFFICE , or as a Principal
DWELLING UNIT .
REFERRAL: A portion of a COMPLETE APPLICATION given to a REFERRAL agency for
review of a case . The REFERRAL information may contain only portions or elements of the
COMPLETE APPLICATION ,
REPAIR SERVICE ESTABLISHMENT - No change .
RESEARCH LABORATORY: - No change.
RESIDENTIAL BUILDING UNIT: - No change .
RESIDENTIAL SIGN: Any SIGN located in a district zoned for residential uses that contains
no commercial message except advertising for goods or services legally offered on the premises
where the SIGN is located , if offering such service at such location conforms with all requirements
of this Code ,
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RESIDENT/AL THERAPEUTIC CENTER: A DWELLING UNIT which is not specifically
designated as a GROUP HOME FACILITY and which provides a community living environment
for individuals requiring custodial care , medical treatment or specialized social services . This
definition includes any number of people who live together who lack the ability to live
independently , or who have been ordered into the facility by a court of competent jurisdiction , and
who require the support, supervision and care of adults who may not be related . The definition
includes , but is not limited to , the following : specialized group child care home , facility or center;
residential child care facility ; residential treatment facility; shelters for the homeless ; shelters from
domestic violence ; residential facilities for those living together as a result of criminal offenses ;
and homes for individuals that are HIV positive or afflicted with the AIDS Virus . This definition
does not include CORRECTIONAL FACILITIES .
RESTAURANT: An establishment that furnishes , for compensation , food and drinks of any
kind for consumption . A TEMPORARY snack bar or refreshment stand at a PUBLIC or nonprofit
RECREATIONAL FACILITY and for the convenience of patrons of the facility shall not be deemed
to be a RESTAURANT.
Delete RESTAURANT DRIVE- IN.
REM/Z./SERVICE ESTABLISHMENT: Includes a variety of businesses engaging in
COMMERCIAL sales , rentals , and services , but excluding ADULT BUSINESS , SERVICE or
ENTERTAINMENT ESTABLISHMENTS , BREW PUBS , CHILD CARE CENTERS ,
LUMBERYARDS , NIGHTCLUB , BAR , LOUNGE or TAVERN , REPAIR SERVICE
ESTABLISHMENTS , RESTAURANTS , VEHICLE SERVICE/REPAIR ESTABLISHMENTS , and
VEHICLE RENTAL AND SALES ESTABLISHMENTS .
Delete REVERSE FRONTAGE
RIGHT-OF- WAY: That portion of land dedicated to public use for STREET/ROAD and/or
utility purposes and accepted by the Board of County Commissioners as required by Section
8 -6- 150 of this Code .
ROOF SIGN: Any SIGN erected and constructed wholly on and over the roof of a BUILDING ,
supported by the roof STRUCTURE , and extending vertically above the highest portion of the
roof. Surfaces with slopes less than seventy-five (75) percent from horizontal shall be considered
roof surfaces .
RUNWAY:Y: The area of the GREELEY-WELD COUNTY AIRPORT constructed and used for
landing and takeoff of aircraft along its length .
Delete 'A LS TRAILER
SCHOOL : Includes any one ( 1 ) or more of the following categories : a PUBLIC SCHOOL
(which may include PUBLIC SCHOOL extension classes) , community college , junior college ,
college or university ; an independent or parochial SCHOOL which satisfies the compulsory
SCHOOL attendance requirements appearing in the School Attendance Law of 1963 , Title 22 ,
Article 33 , C . R . S . ; or a COMMERCIAL SCHOOL, as defined herein .
SCREENED : - No change.
SECONDARY RECOVERY: A technique of recovering additional crude from a mineralized
zone by injecting steam , water and similar methods to force more of the crude to a production
well .
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SEMI- TRAILER: 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 PUBLIC highways and
STREETS/ROADS .
SETBACK: The horizontal distance between any BUILDING or STRUCTURE , as measured
from the farthest projection of the BUILDING or STRUCTURE , except for window wells , air
conditioners , gutters , downspouts , or fences , and the established PUBLIC or private
STREET/ROAD RIGHT-OF-WAY line other than that of an ALLEY . If the abutting PUBLIC
STREET/ROAD is designated by the Transportation Plan adopted in Chapter 8 of this Code as a
collector or arterial STREET/ROAD , then the SETBACK shall be measured from the future
right-of-way line . The minimum required RIGHT-OF-WAY width is found in Section 8-8- 10 of this
Code . No STRUCTURES shall be allowed in RIGHT-OF-WAY. It shall be the responsibility of the
property owner to locate the RIGHT-OF-WAY lines.
Delete SEVERE GROUND SUBSIDENCE HAZARD AREA.
SEWAGE TREATMENT PLANT: - No change .
SHOOTING RANGE - INDOOR: A facility designed or used for shooting at targets with rifles ,
pistols or shotguns and which is completely ENCLOSED within a BUILDING or STRUCTURE .
SHOOTING RANGE - OUTDOOR: The use of land for archery and/or the discharging of
firearms for the purpose of target practice, skeet or trap shooting or temporary competition , such
as turkey shoots . Excluded from this use type shall be general HUNTING and unstructured and
nonrecurring discharging of firearms on private property with the property owner's permission .
SIGN: Any object , device , display, STRUCTURE or part thereof, situated outdoors or indoors,
and used to advertise , identify , display , direct or attract attention to an object , person , institution ,
organization , business , product , service, event or location by any means . A SIGN is any writing
(including any combination of a letter, word or number) , pictorial representation ( including
illustration , figures , design , colors , symbols or declaration ) , product, form ( including shapes
resembling any human , animal or product design that conveys a recognizable meaning , identity
or distinction ) or any part thereof, or is written , painted , projected upon , illuminated , printed ,
designed into , constructed or otherwise placed on or near a BUILDING , board , plate or upon any
material object or device whatsoever: which by reason of its form , location , manner of display,
color, working , stereotyped design or otherwise attracts or is designed to attract attention to the
subject or to the premises upon which it is situated , or is used as a means of identification ,
advertisement or announcement .
SIGN, FLUSH WALL: Any SIGN attached to , painted on or erected against the wall of a
BUILDING in such a manner that the SIGN face is parallel to the plane of the wall and is wholly
supported by the wall . Banners , canvas or any other similar material may be used for this type of
SIGN only if the material is securely attached directly to the BUILDING fascia or to a rigid SIGN
STRUCTURE in a manner which prevents the material from flapping , waving or otherwise moving .
SITE SPECIFIC DEVELOPMENT PLAN: A Use by Special Review (including OPEN MINING
and MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY) , PLANNED UNIT
DEVELOPMENT Final Plan , SUBDIVISION final plat, resubdivision or minor SUBDIVISION
application which has been submitted to the County and receives approval or conditional approval
by the Board of County Commissioners , or by the Planning Commission in the case of MAJOR
FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY. No other type of land use application
shall be considered a SITE SPECIFIC DEVELOPMENT PLAN .
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SMALL SCALE SOLAR FAIL/ T : A facility *Mich is userd for the production of electrical
energy from energy Goileeted produced by the sun including solar energy collectors , power
generation facilities, facilities for storing and transforming energy, other appurtenant facilities and
any transmission lines under one hundred fifteen kilovolts ( 115 kV) , which is developed for the
purpose of supplying or distributing electrical energy to users , a customer or customers and will
be located on less than twenty (20) acres and iimite (--) Two (2 ) megawatts. This designation shall
not include roof and/or ground mounted solar systems located on permitted rincip-at " INS I P'AL
and accesse-y ACCESSORY BUILDINGS and designed to supply power to the principle USE (S)
on site .
SPECIAL FLOOD HAZARD AREA : The land in the FLOODPLAIN within the COUNTY
subject to a one-percent or greater chance of FLOODING in any given year. The area may be
designated as Zone Al AE , AH , AO or Al -A99 on the FIRM or FHBM . SPECIAL FLOOD HAZARD
AREAS are periodically amended by FEMA via a LETTER OF MAP CHANGE . The designated
SPECIAL FLOOD HAZARD ZONE AREAS are as follows :
a . Zone A (Approximate Floodplain ) is a SPECIAL FLOOD HAZARD AREA where BASE
FLOOD ELEVATIONS and FLOOD HAZARD factors have not been determined by FEMA.
b . Zone AH is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and
depths are between one ( 1 ) and three (3 ) feet and BASE FLOOD ELEVATIONS are shown
but no FLOOD HAZARD factors have been determined by FEMA .
c. Zone AO is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and
flood depths are between one ( 1 ) and three (3 ) feet with the average depth of FLOODING
shown but no FLOOD HAZARD factors have been determined by FEMA.
d . Zones AE and 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 RED 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 .
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STRUCTURE: Anything that is built , constructed or erected , an edifice or BUILDING of any
kind , or any piece of work artificially built up or composed of parts joined together in some definite
manner, but not including poles , lines, cables or distribution facilities of PUBLIC utilities . The term
includes an object , including a mobile object , constructed or installed by man , including but
without limitation , BUILDINGS , towers , cranes , smokestacks , earth formations , overhead
ELECTRIC TRANSMISSION LINES , and gas or storage tanks that are principally aboveground .
Delete STRUCTURE, TEMPORARY.
SUBDIVISION: For the purposes of this Chapter 23 only, the term 'SUBDIVISION" means
land that has been split into separate LOTS with prior COUNTY approval of a plat :
a . Recorded in the office of the Weld County Clerk and Recorder between
September 20, 1961 , and December 10 , 1992 , and meeting the definition of " subdivision "
of the Official Subdivision Regulations , Weld County , Colorado, as amended (referred to
as the 'Weld County Subdivision Regulations ") ;
b . Recorded in the office of the Weld County Clerk and Recorder between
December 10, 1992 , and December 18 , 2000 , and meeting the definition of "subdivision"
of the Weld County Subdivision Ordinance , Ordinance No . 173 , as amended ; or
c . Recorded in the office of the Weld County Clerk and Recorder after
December 18 , 2000 , and meeting the definition of "subdivision " of Chapter 24 of the Weld
County Code .
SEE ALSO HISTORIC TOWNSITE ,
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a STRUCTURE whereby the
cost of restoring the STRUCTURE to its before-damaged condition would equal or exceed fifty
(50) percent of the market value of the STRUCTURE just prior to when the damage occurred .
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a
STRUCTURE , the cost of which equals or exceeds fifty (50) percent of the market value of the
STRUCTURE before the START OF CONSTRUCTION of the improvement. This includes
STRUCTURES which have incurred SUBSTANTIAL DAMAGE , regardless of the actual repair
work performed . The term does not , however , include either:
a . Any project for improvement of a STRUCTURE to comply with existing state or local
health , sanitary or safety code specifications which are solely necessary to assure safe
living conditions ; or
b . Any alteration of a HISTORIC STRUCTURE , provided that the alteration will not preclude
the STRUCTURE' S continued designation as a HISTORIC STRUCTURE .
SUBSTATION: - No change.
Delete SUITABLE SOIL ,
Delete SUPERELEVA TION.
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 .
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TELECOMMUNICATION ANTENNA, ATTACHED: An antenna mounted on an existing
BUILDING , silo , smokestack, water tower, utility or power pole or a support STRUCTURE other
than a TELECOMMUNICATION ANTENNA TOWER.
TELECOMMUNICATION ANTENNA , CONCEALED: An antenna with a support
STRUCTURE that screens or camouflages the presence of antennas and/or
TELECOMMUNICATION ANTENNA TOWERS from public view in a manner appropriate to the
site's context and surrounding environment. Examples of concealed antennas include man-made
trees , clock towers , flagpoles , light STRUCTURES , steeples and similar objects .
TELECOMMUNICATION ANTENNA SETBACK The distance between a property line and
the footprint of the antenna STRUCTURE , including antennas , reflectors , dishes and other
appurtenances .
TELECOMMUNICATION ANTENNA TOWER: Any STRUCTURE that is designed a n d
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.
TELECOMMUNICA T/ON ANTENNA TOWER HEIGHT: The distance from the finished grade
at the TELECOMMUNICATION ANTENNA TOWER base to the highest point of the
TELECOMMUNICATION ANTENNA TOWER , Overall TELECOMMUNICATION ANTENNA
TOWER height includes the base pad , mounting STRUCTURES and panel antennas but
excludes lightning rods and whip antennas .
TELECOMMUNICATION FACILITIES: Include TELECOMMUNICATION ANTENNAS ;
TELECOMMUNICATION ANTENNAS , ATTACHED ; TELECOMMUNICATION ANTENNAS ,
CONCEALED ; and TELECOMMUNICATION ANTENNA TOWERS .
TEMPORARY: Six (6) months or less .
TEMPORARY SIGN: Construction SIGNS which identify the contractors working on a project
on the site and "for sale" or "for rent" SIGNS indicating that the property or residence is for sale
or rent. Construction SIGNS , "for sale" and "for rent" SIGNS shall be removed upon completion
of the project or when the property is sold or rented .
TEMPORARY STRUCTURE: Anything constructed in such a manner that it would commonly
be expected to have relatively short useful life or is built for a purpose that would commonly be
expected to be relatively short-term .
THEATER: - No change .
Delete THEA TER, DRIVE-IN.
Delete THRESHOLD.
TRAINING FACILITY: A facility in which HOUSEHOLD PETS or LIVESTOCK not owned by
the property owner are trained .
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TRANSITIONAL SURFACES: These surfaces extend outward at ninety-degree angles to the
RUNWAY centerline and the RUNWAY centerline extended at a slope of seven (7 ) feet
horizontally for each one ( 1 ) foot vertically from the sides of the PRIMARY and APPROACH
SURFACES to where they intersect the HORIZONTAL and CONICAL SURFACES .
TRANSITIONAL SURFACES for those portions of the precision APPROACH SURFACES , which
project through and beyond the limits of the CONICAL SURFACE , extend a distance of five
thousand (5 , 000) feet measured horizontally from the edge of the APPROACH SURFACE and at
ninety-degree angles to the extended RUNWAY centerline .
TRANSITIONAL ZONE: The area described as TRANSITIONAL ZONE in Section 23- 5-20 .
TRANSLOADING :: A process of transferring a commodity from one ( 1 ) mode of
Transportation to another whose primary activity includes the following kinds of USES :
a . Rail and truck transloading of commodities and materials , including , without limitation ,
those for the agricultural and oil and gas industries , and including but not limited to grains,
petroleum products, sand , pipe and indoor storage related to the same .
Delete TRAVEL WAY.
TREE: Any object of natural growth .
TRUCK WASHOUT FACILITIES, COMMERCIAL : An establishment providing
COMMERCIAL cleaning of trucks and SEMI -TRAILERS .
UNDERLYING ZONING DISTRICT: - No change.
Delete URBAN GROWTH CORRIDOR.
URBANIZING: An area within one-quarter ( 1 /4) mile from municipal boundaries , as amended .
Delete URBAN SCALE DEVELOPMENT
USE: - No change .
UTILITY RUNWAY: A RUNWAY that is constructed for and intended to be used by propeller-
driven aircraft of twelve thousand five hundred ( 12 , 500) pounds maximum gross weight and less .
UTILITY SERVICE FACILITY: PUBLIC utility mains , lines , gas regulator stations, PUBLIC lift
or pumping stations for PUBLIC WATER and PUBLIC SEWER service , and ACCESSORY
STRUCTURES where no PUBLIC OFFICE , repair or storage facilities are operated or maintained .
VARIANCE: A grant of relief to a person from a requirement or requirements of this Chapter ,
chapter 26 , or Chapter 27 when specific enforcement would result in unnecessary hardship . A
VARIANCE , therefore , permits construction or DEVELOPMENT in a manner otherwise prohibited
by this Chapter, Chapter 26 , or Chapter 27 .
VEHICLE RENTAL ESTABLISHMENT - No change.
VEHICLE SALES ESTABLISHMENT: Any USE of property for the sale of vehicles such as
automobiles , motorcycles , trucks, trailers , RECREATIONAL VEHICLES , MANUFACTURED
HOMES , boats , farm machinery , construction equipment and other heavy roiling stock .
VEHICLE SERVICE/REPAIR ESTABLISHMENT: Any USE of property whereon vehicles
such as automobiles , motorcycles , trucks , trailers , RECREATIONAL VEHICLES ,
MANUFACTURED HOMES , boats , farm machinery, construction equipment and other rolling
stock are serviced and repaired , including body work, welding and painting .
VESTED PROPERTY RIGHT: The right to undertake and complete the DEVELOPMENT and
USE of property under the terms and conditions of a SITE- SPECIFIC DEVELOPMENT PLAN ,
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VIOLATION. The failure of a STRUCTURE or other DEVELOPMENT to be fully compliant
with this Chapter.
VISUAL RUNWAY: A RUNWAY intended solely for the operation of aircraft using visual
approach procedures .
WALL SIGN: Any SIGN attached parallel to, but within six (6) inches of, a wall , painted on
the wall surface of or erected and confined within the limits of an outside wall of any BUILDING
or STRUCTURE which is supported by such wall , BUILDING or STRUCTURE , and which
displays only one ( 1 ) SIGN surface. Considered a type of BUILDING SIGN .
WATERCOURSE: A natural or artificial channel through which stormwater or FLOOD water
can flow, either regularly or infrequently .
WATER SKIING: - No change.
WATER SURFACE ELEVATION: The height , in relation to the National Geodetic Vertical
Datum ( NGVD) of 1929 , North American Vertical Datum ( NAVD ) of 1988 or other datum , where
specified , of FLOODS of various magnitudes and frequencies in the FL0ODPLAINS D RLAI N or riverine
ne
areas .
WATERTIGHT: Impermeable to the passage of water and capable of resisting the hydrostatic
and hydrodynamic loads and the effects of buoyancy during a BASE FLOOD .
WHOLESALE TRADE ESTABLISHMENT: No change .
WIND GENERATOR: No change .
Delete WIND TURBINE.
WINDOW SIGN: Any SIGN , picture, symbol or combination thereof, designed to
communicate information about an activity , business , commodity, event, sale or service that is
placed inside a window or upon the window panes or glass and is visible from the exterior of the
window .
WINERY: Any establishment licensed pursuant to the provisions of Title 44 , Article 3 , C . R . S . ,
where vinous liquors are manufactured ; except a vintner's restaurant licensed pursuant to
C . R . S . Section 44-3-422 . "Vinous liquors" are defined in C . R . S . Section 44-3- 103 (59 ) .
YARD: The area of a LOT , between a LOT line and the required SETBACK.
ZONE LOT: A parcel or parcels of land in single ownership with a single USE or multiple
USES within the same STRUCTURE .
ARTICLE Il - Procedures and Permits
Division 1 - Amendments to Zoning Map
Amend Sec . 23-2 -10 . Amendment procedures .
A . — No change .
B . In addition to the Board of County Commissioners , only the fee owner of a LEGAL LOT or a
LOT of at least thirty-five ( 35 ) acres may request amendment of the Official Zoning Map of the
COUNTY (a Change of Zone ) for said property .
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C . Any person filing an application for a Change of Zone is required to comply with the
appropriate procedures and regulations as stated in this Section ; provided , however, that
when the Board of County Commissioners desires to undertake a rezoning , to create and
apply new zoning districts or to change the definitions of the various zoning districts , the only
public notice requirement shall be publication in the newspaper designated by the Board of
county commissioners for publication of legal notices .
D . Applications for a change of Zone shall be completed as set forth in Section 23-2-50 below;
provided , however, that any zone change initiated by the Board of County Commissioners
shall only be required to meet the applicable requirements of Section 23-2-40.
Amend Sec. 23-2-20 . Duties of Department of Planning Services.
A. — No change .
B . Upon determination that the application submittal is complete , the Department of Planning
Services shall :
1 . Refer the application to the applicable agencies listed in Appendix 23-G , as determined
by the Department of Planning Services . The failure of any agency to respond within
twenty-eight (28) days may be deemed to be a favorable response . The reviews and
comments solicited by the COUNTY are intended to provide the COUNTY with information
about the proposed change of Zone . The Planning Commission and Board of County
Commissioners may consider all such reviews and comments and may solicit additional
information if such information is deemed necessary. The reviews and comments
submitted by a REFERRAL agency are recommendations to the COUNTY. The authority
for making the decision to approve or deny the request for Change of Zone rests with the
Board of county Commissioners .
2 . — No change .
3 . Set a Planning Commission hearing date and a Board of County Commissioners hearing
date.
4 . — No change.
5. Arrange for legal notice of hearings to be published once in the newspaper designated by
the Board of County Commissioners for publication of notices . At the discretion of the
Board of County commissioners , a second notice may be published in a newspaper which
is published in the area in which the rezoning is proposed . Failure to publish the second
notice shall not create a jurisdictional defect in the hearing process. The date of publication
shall be at least ten ( 10) days prior to the hearing .
6 . Give notice of the proposed change of Zone and the public hearing dates to those persons
listed in the application as owners of property located within five hundred (500) feet of the
parcel under consideration . Such notification shall be mailed , first-class , not less than ten
( 10) days 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 .
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7 . A sign shall be posted for the applicant on the property under consideration fora rezoning .
The sign shall be posted adjacent to and visible from a PUBLIC STREET/ROAD
RIGHT-OF-WAY . In the event the property under consideration is not adjacent to a
PUBLIC STREET/ROAD RIGHT-OF-WAY , one ( 1 ) sign shall be posted in the most
prominent place on the property and a second sign posted at the point at which the
driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign
shall be posted at least ten ( 10) days prior to the Planning Commission hearing and
evidenced with a photograph . The sign will include the following information .
a . — No change .
b . Date , place and time of public hearings .
c. thru f. — No change.
Remainder of Section — No change .
Amend Sec . 23-2 -30 . Duties of Planning Commission .
A. The Planning Commission shall hold a hearing to consider the application for the Change of
Zone . The public hearing may involve either the rezoning application alone or may include the
review of concurrent applications under the County's regulations concerning uses by special
review, overlay districts or subdivisions . The Planning Commission shall provide
recommendations to the Board of county commissioners concerning the disposition of the
requested change . The Planning Commission shall recommend approval of the request for
the change of Zone only if it finds that the applicant has met the standards or conditions of
this Subsection A and Section 23-2- 50 . The applicant has the burden of proof to show that
the standards and conditions of this Subsection A and Section 23-2-50 are met. The applicant
shall demonstrate :
1 . thru 3 . — Nochange .
4 . That STREET/ROAD or highway facilities providing access to the property are adequate
in size to meet the requirements of the proposed zone district . This will include updating
and obtaining any new Access Permits , as required . The Access Permit may require an
Improvements Agreement . In the event that the STREET/ROAD or highway facilities are
not properly sized and are planned to be properly sized in the future , in conformance with
the Transportation Plan or in conformance with the MASTER PLANS of affected
municipalities , the applicant may either wait to secure the rezoning until the improvements
are made by the appropriate unit of government or the applicant may express a willingness
to upgrade the STREET/ROAD or highway facilities at his or her own expense in order to
expedite approval of the requested Change of Zone . In the latter event , it will be necessary
for the applicant to either construct the necessary improvements before the building
permits are issued , or submit suitable performance guarantees to the County to ensure
construction of the required STREET/ ROAD or highway facility improvements .
5 . That , in those instances where the following characteristics are applicable to the rezoning
request, the applicant has demonstrated compliance with the applicable standards :
a . If the proposed Change of Zone is located within any OVERLAY ZONING DISTRICT
identified by maps officially adopted by the COUNTY , that the applicant has
demonstrated compliance with the COUNTY regulations concerning OVERLAY
ZONING DISTRICTS . Compliance may be demonstrated in a previous public hearing
or in the hearing concerning the rezoning application .
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b . That the proposed rezoning will not permit the USE of any area known to contain a
COMMERCIAL MINERAL DEPOSIT in a manner which would interfere with the
present or future extraction of such deposit by an EXTRACTOR to any greater extent
than under the present zoning of the property.
c . — No change .
B . — No change.
C . If the Planning Commission recommendation is conditional upon the applicant completing
certain specified items prior to the hearing by the Board of County Commissioners , the ten-day
period shall commence upon submission of the items by the applicant to the Department of
Planning Services .
►mend Sec . 23-2-40. Duties of Board of County Commissioners.
A . REPEALED .
B. The Board of county commissioners shall hold a public hearing to consider the application
and to take final action thereon . In making a decision on the proposed Change of Zone , the
Board of County Commissioners shall consider the recommendation of the Planning
Commission , and from the facts presented at the public hearing and the information contained
in the official record which includes the Department of Planning Services case file , the Board
of County Commissioners shall approve the request for the change of Zone only if it finds that
the applicant has met the standards or conditions of Paragraphs I through 5 below and
Section 23-2-50 , The applicant has the burden of proof to show that the standards and
conditions of Paragraphs I through 5 below and Section 23-2-50 are met. The applicant shall
demonstrate :
1 . thru 3 . — No change .
4 . That STREET/ROAD or highway facilities providing access to the property are adequate
in size to meet the requirements of the proposed zone district. In the event that the
STREET/ROAD or highway facilities are not properly sized and are planned to be properly
sized in the future , in conformance with the Transportation Plan or in conformance with
the MASTER PLAN of affected municipalities , the applicant may either wait to secure the
rezoning until the improvements are made by the appropriate unit of government or the
applicant may express a willingness to upgrade the STREET/ROAD or highway facilities
at his or her own expense in order to secure approval of the requested change of Zone .
In the latter event , it will be necessary for the applicant to either construct the necessary
improvements before building permits are issued , or submit suitable performance
guarantees to the COUNTY to ensure construction of the required STREET/ROAD or
highway facility improvements. No rezoning shall be finally approved by the Board of
County Commissioners until the applicant has submitted an Improvements Agreement or
contract approved by the Board of county commissioners which sets forth the form of
improvements guarantees , Any such agreement or contract shall be made in conformance
with the COUNTY policy on collateral for improvements . Approval of the Improvements
Agreement will be a condition of obtaining an Access Permit.
5 . That , in those instances where the following characteristics are applicable to the rezoning
request, the applicant had demonstrated compliance with the applicable standards:
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a . If the proposed Change of Zone is located within any OVERLAY ZONING DISTRICT
identified by maps officially adopted by the COUNTY, that the applicant has
demonstrated compliance with the COUNTY regulations concerning OVERLAY
ZONING DISTRICTS . Compliance may be demonstrated in a previous public hearing
or in the hearing concerning the rezoning application .
b . That the proposed rezoning will not permit the USE of any area known to contain a
COMMERCIAL MINERAL DEPOSIT as defined by state statutes in a manner which
would interfere with the present or future extraction of such deposit by an
EXTRACTOR to any greater extent than under the present zoning of the property .
c. — No change .
C . and D . — No change .
E . REPEALED .
F. REPEALED .
Amend Sec . 23-2-50. Application requirements for Change of Zones
A. thru B. 2 . — No change .
3 . Legal description of the property under consideration as determined from a certified
boundary survey .
4 . and 5 . — No change .
6. Present zone and OVERLAY ZONING DISTRICT , if appropriate .
7 . thru 11 . — No change .
12 . The applicant shall provide the Department of Planning Services with a certificate from the
County Treasurer showing no delinquent property taxes for the parcel area .
13 . thru 15 . — No change .
16 . The names and addresses of any owner, operator , or user of any irrigation ditch , lateral ,
or pipeline that traverses the property .
C . REPEALED . (Combined with Subsection D . )
C . A draft rezoning plat in electronic (. pdf) format shall be submitted as part of the general
application .
1 . REPEALED ,
2 . The scale of the map shall be one ( 1 ) inch equals one hundred ( 100) feet ( 1 " = 100' ) or at
other suitable scale when approved by the Department of Planning Services . The vicinity
map shall be drawn at suitable scale on the land USE map ( 1 " = 2000 ') .
3 . The following information shall be shown ;
a . Certified boundary survey of the parcel under consideration , showing all bearings and
distances outside the perimeter boundary lines . The closure error of the survey may
not exceed one to five thousand ( 1 : 5 , 000 ) . The boundaries and dimensions shall be
shown to the nearest hundredth of a foot (or seconds of arc for angular dimensions
and bearings) . Curved boundaries and all curves on the rezoning plat shall include the
radius of curve , central angle , chord distance , and bearing . Notation of non-tangent
curves with radial bearings shall be shown to all points of non-tangency.
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b . Legal description , including total area involved , as certified and signed by the surveyor.
The draft plat need not be signed or certified .
c. Title , scale and north arrow. The map shall be titled "change of Zone Plat [case
number] . " The Department of Planning Services shall provide the appropriate number .
d . Date of drawing .
a Current zoning .
f. Proposed zoning .
g . A vicinity map indicating the property with respect to adjacent STREETS/ROADS ,
rivers , and other major land features .
h . Irrigation ditches on or within two hundred (200 ) feet of the property .
i , Location of easements , RIGHTS-OF-WAY, and other similar interests of record on the
parcel and within fifty ( 50) feet of the parcel.
j . Location of all existing utilities (electricity, gas , water and sewer) on the parcel , as well
as within fifty (50) feet of the parcel .
k . SPECIAL FLOOD HAZARD AREAS on the property.
I . GEOLOGIC HAZARD AREAS on the property .
m . Mineral resource areas on the property .
n . Areas of moderate or severe soil limitations as defined by the Natural Resources
Conservation Service or by a soil survey and study prepared by a soils engineer or
soil scientist for the USES and associated STRUCTURES permitted within the
proposed zone district .
o . Other information as may be reasonably required by the Department of Planning
Services in order to determine that the application meets the standards and policies
set forth in this chapter and in Chapter 22 .
4 . The following certificates shall appear on the map:
a . thru d . — No change .
5 . REPEALED ,
E . The following supporting documents shall be submitted as part of the general application :
1 . Where an authorized agent signs the application for the fee owners , an authorization form
provided by the Department of Planning Services signed by the lee owners .
2 . thru 5 . — No change .
6 . Statements from PUBLIC WATER and PUBLIC SEWER utilities which indicate that they
are able to provide service for the site . If PUBLIC utilities are not to be used , the applicant
shall submit information which documents the availability of water and suitability of the site
for the sewage disposal system chosen by the applicant . The evidence shall document
the adequacy of the proposed utility service for the USES permitted in the proposed zone
district .
7 . A soil report of the site prepared by the Natural Resources Conservation Service or by a
soils engineer or scientist. In those instances when the soil report indicates the existence
of moderate or severe soil limitations for the USES proposed , the applicant shall detail the
methods to be employed to mitigate the limitations .
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8 . If STREET/ ROAD or highway facilities which provide access to the property are not
adequate to meet the requirements of the proposed zone district , the applicant shall supply
information which demonstrates willingness and financial capability to upgrade the
STREET/ROAD or highway facilities in conformance with the Transportation Plan and
thereby meet the requirements of Section 23-2-40 B. 4 of this Chapter. This shall be shown
by an improvements Agreement or contract guaranteeing installation of improvements by
the applicant made in conformance with the County policy on collateral for improvements .
Approval of the Improvements Agreement will be a condition of obtaining an Access
Permit , pursuant to Section 12- 5- 10 et seq . , and the Improvements Agreement shall meet
the requirements of Appendix 12-A .
9 . if, according to maps and other information available to the COUNTY, the Department of
Planning Services determines that there appears to be a sand , gravel or other mineral
resource on or under the subject property, the applicant shall provide a mineral resource
statement prepared by a professional geologist as defined in C . R . 5 . Section
23-41 -208( 1 ) (b) or other qualified expert, including but not limited to a Colorado Geological
Survey employee . The statement shall indicate the estimated quantity of resources and
the economic feasibility of recovery , now and in the future , of the resources so that the
Planning Commission and Board of County Commissioners can determine whether a
COMMERCIAL MINERAL DEPOSIT is contained on or under the subject properties .
10. If the proposed Change of Zone is located within an OVERLAY ZONING DISTRICT
identified by maps officially adopted by the COUNTY , the applicant shall submit
information which either documents how the COUNTY regulations concerning OVERLAY
ZONING DISTRICTS have been satisfied or documents how the applicant intends to meet
the requirements of the COUNTY regulations concerning OVERLAY ZONING
DISTRICTS .
11 . — No change .
12 . REPEALED . (See Section 23-2 -20 . 6 . 7 . )
13 . The application fee .
F . Upon approval , the applicant shall submit the plat on Mylar or other drafting media approved
by the Department of Planning Services , thirty-six (36 ) inches wide by twenty-four (24) inches
high , along with all other documentation required as Conditions of Approval . The plat shall
bear original signatures and seals in permanent black ink . The plat shall be recorded in the
office of the County Clerk and Recorder by the Department of Planning Services . The plat
shall be prepared in accordance with the requirements of Subsection 23-2-50 . D of this Article .
The plat shall be recorded within one hundred twenty ( 120 ) days from the date of the Board
of County Commissioners resolution , or within a date specified by the Board of County
Commissioners . The applicant shall be responsible for paying the recording fee . If a plat has
not been recorded within one hundred twenty ( 120) days of the date of the approval of the
Change of Zone (COZ) , or within a date specified by the Board of County Commissioners , the
Board may require the landowner to appear before it and present evidence substantiating that
the COZ has not been abandoned and that the applicant possesses the willingness and ability
to record the plat . The Board of County Commissioners may extend the date for recording the
plat. If the Board determines that conditions supporting the original approval of the COZ
cannot be met , the Board may , after a public hearing , revoke the COZ .
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G . Nothing in this Division I 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 . Beta Planning Commission hearing date and a Board of County Commissioners hearing date
after the completion of the proposed amendment.
D . Arrange for legal notice of hearings to be published once in the newspaper designated by the
Board of County Commissioners for publication of notices . The date of publication shall be at
least ten ( 10) days prior to the hearing .
E . and F. -- No change .
Amend Sec. 23-2-130. Duties of Board of County Commissioners.
A. REPEALED .
Remainder of Section — No change .
Division 3 - Site Plan Review
Amend Sec, 23 -2-150. Intent and applicability.
A. — No change .
B . An approved Site Plan Review is required for the USES described in Article III of this Chapter,
and any PUD Districts where the proposed USE would require an approved Site Plan Review
in an R-3 , Commercial or Industrial Zone District.
C. No land , BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy ,
DEVELOPED , erected , constructed , reconstructed , moved or structurally altered or operated
in any zone district that requires a Site Plan Review until a Site Plan Review has been
approved and a Site Plan Review map recorded by the Department of Planning Services .
D . — No change.
E . No Site Plan Review shall be required for:
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1 . Normal repairs and maintenance of an existing BUILDING or STRUCTURE .
2 . Alterations which do not affect more than twenty-five percent (25% ) of the external
dimensions of an existing BUILDING or STRUCTURE unless such alterations are made
to change the USE or type of occupancy within part or all of the altered BUILDING or
STRUCTURE .
3 . SIGNS , fencing , OIL AND GAS FACILITIES , or TEMPORARY STRUCTURES such as,
but not limited to , those USED for the sale of fireworks or Christmas trees .
F . The Board of County Commissioners delegates the authority and responsibility for processing ,
approving and enforcing Site Plan Reviews to the Department of Planning Services . The
Department of Planning Services shall also have the responsibility of ensuring that all
application submittal requirements are met prior to initiating any official action . Once an
application is deemed complete , the Department of Planning Services shall send the
application to applicable REFERRAL agencies listed in Appendix 23-G , as determined by the
Department of Planning Services. The failure of any agency to respond within twenty-eight
(28) days may be deemed a favorable response . All REFERRAL agency review comments
are considered recommendations to the COUNTY. The authority and responsibility for
approval and denial of a Site Plan Review application rests with the COUNTY .
C . The Director of Planning Services may waive the Site Plan Review requirement for
COMMERCIAL and INDUSTRIAL USES in a Planned Unit Development ( PUD ) upon
determination that sufficient detailed information was submitted and reviewed in the Final PUD
Plan .
H . — No change.
I . Any person filing an application for a Site Plan Review shall comply with Article V and Article
Xl of this Chapter if the proposal is located within any OVERLAY ZONING DISTRICT or a
SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY .
J . — No change .
K. Applications for a Site Plan Review located in a Regional Urbanization Area shall adhere to
any and all applicable regulations in Chapter 26 and any other County ordinance in effect .
L . The applicant or owner shall submit an Improvements Agreement agreeing to construct the
required improvements as shown in the application , plans and other supporting documents .
The Agreement shall be made in conformance with the County policy on collateral for
improvements . The Agreement shall be approved by the Board prior to recording the Site
Plan Review map, if applicable .
Amend Sec . 23-2 -160. Application requirements for site plan review.
Any person wanting to apply for a Site Plan Review shall arrange for a preapplication
conference with the Department of Planning Services . The purpose of the application is to give
the applicant an opportunity to demonstrate , through written and graphic information , how the
proposal complies with the standards of this Chapter. The following supporting documents shall
be submitted as a part of the application :
A . A Site Plan Review application form provided by the Department of Planning Services .
B . — No change .
C . REPEALED .
D . REPEALED .
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E . thru G . — No change .
H . REPEALED . (See Subsection R. )
I , — No change .
J . A statement indicating that the proposed USE meets the required Bulk Standards
requirements of the zone district .
K . — No change .
L . A plan describing any proposed signage , drawn to an appropriate scale , which shall include
specifications of the proposed SIGN and SIGN STRUCTURE along with the method of
construction and attachment to the BUILDING or ground . The position and distance of the
SIGN in relation to property lines and BUILDINGS and STRUCTURES on the property shall
be shown on the Site Plan Review map . The applicant shall apply for and receive a building
permit for all proposed SIGNS .
M . Statements describing that the LANDSCAPE requirements listed below have been met :
1 . The LOT shall adhere to the LOT COVERAGE requirements of the zone district in which
it is located , as shown in the Bulk Requirements in this Chapter, or Chapter 26 or 27 , if
applicable . Land shall not be deemed covered if it is used for growing grass , shrubs , trees ,
plants or flowers or if it is otherwise suitably LANDSCAPED .
2 . That portion of a LOT which abuts a PUBLIC or private STREET/ROAD RIGHT-OF-WAY
shall have a minimum ten -foot wide SETBACK that is LANDSCAPED, unless the LOT is
governed by a more restrictive SETBACK that is LANDSCAPED contained in a PLANNED
UNIT DEVELOPMENT , Chapter 26 of this Code or any other applicable County ordinance .
The SETBACK that is LANDSCAPED is measured at a right angle from the existing or
planned future RIGHT-OF-WAY . Sidewalks and driveways may pass through the required
SETBACK .
3. REPEALED . (See Section 23-4-30. )
4 . REPEALED . (See Subsection W . 9 ) 5 . — No change .
N . The applicant shall provide a narrative or preliminary drainage study in accordance with the
stormwater drainage criteria requirements of this Code .
0 . — 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 .
O . A statement explaining how the LOT(S) will have safe access to an approved PUBLIC or
private STREET/ROAD and a traffic narrative describing the projected number of vehicle trips
( average per day, maximum per day , peak hour data) to and from the site and the type of
vehicles (passenger , semi-truck , etc . ) . The design designation of a STREET/ROAD or
highway as to type shall be in conformance with that shown on the Transportation Plan and/or
the MASTER PLAN of the affected municipality . A traffic impact study may be required .
Improvements to adjacent STREETS/ROADS may be necessary to provide adequate safe
and efficient transportation to and from the site . An Improvements Agreement may be
required .
R . A statement acknowledging that new accesses to PUBLIC RIGHTS-OF WAY shall be
constructed in accordance with this Code , and may require an access permit.
S . REPEALED .
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T. A statement explaining that the trash collection areas or facilities are located , designed and
USED in a manner that shall be SCREENED from PUBLIC RIGHTS -OF-WAY and
ADJACENT properties . These areas shall be designed and USED in a manner that will
prevent wind- or animal-scattered trash .
U . A statement explaining that the USE is compatible with the existing or future DEVELOPMENT
of the surrounding areas as permitted by the existing zoning and with the future
DEVELOPMENT of the area as projected by the Comprehensive Plan or MASTER PLAN of
affected municipalities and any Intergovernmental Agreement. Such USE shall adhere to the
following operation standards , to the extent that they are affected by location , layout and
design prior to construction and operation . Once operational , the operation shall conform to
the standards listed below:
1 . Noise . USES 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 shall be located , designed and operated in accordance with the air
quality standards established by the Colorado Air Quality Control Commission .
3 . Water Quality. USES shall be located , designed and operated in accordance with the
standards established by the Colorado Water Quality Control Commission .
4 . — No change .
5 . Heat . USES shall not emit heat in such an amount sufficient to raise the temperature of
the air or of materials at or beyond the LOT line more than five ( 5) degrees Fahrenheit.
6 . Glare . Any lighting USED to illuminate an off-street parking area , outside storage area ,
outside activity area , SIGN or other STRUCTURE shall be arranged to deflect light away
from any adjoining residential zone and from COUNTY STREETS/ ROADS . Any lighting ,
including light from high-temperature processes such as welding or combustion , shall be
designed , located and operated in such a manner as to meet the following standards :
sources of light shall be shielded so that beams or rays of light will not shine directly onto
ADJACENT properties ; neither the direct nor reflected light from any light source may
create a traffic hazard to operators of motor vehicles on PUBLIC or private
STREETS/ROADS ; and no colored lights may be used which may be confused with or
construed as traffic control devices .
7 . — No change.
8 . REPEALED . <See Subsection Q above . )
V . REPEALED .
W. Site Plan Review Map . The applicant shall submit the draft map for preliminary approval to
the Department of Planning Services in electronic (. pdf) format . The site plan map shall show
and comply with the following requirements :
1 . thru 5 . — No change .
6 . A vicinity map at a suitable scale. The map shall locate the site with respect to adjacent
STREETS/ROADS and other major land features ( 1 " = 2000') .
7 . — No change .
8 . The location and names of all STREETS/ROADS and highways abutting the LOT .
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9 . Existing and proposed landscaping , including existing and proposed trees , shrubs, ground
covers , natural features such as rock outcroppings and other landscaping elements . The
plan shall show where landscaping exists or will be located , along with planting and
construction details , species name and size . Where existing plantings are to be retained ,
the applicant shall include in the plan proposed methods of protecting the plantings during
construction .
10 . — No change .
11 . The location , dimensions and design of any existing and proposed SIGNS on the site .
Distances from LOT fines shall be indicated .
12 . — No change .
13 . The location and dimensions of vehicular drives , entrances , exits , acceleration and
deceleration lanes ; location and dimensions of pedestrian entrances , exits, sidewalks and
walkways.
14 . General location , arrangement and dimensions of parking spaces , width of aisles ,
dimensions and angle of parking and other similar information .
15 . Any other information deemed necessary by the Department of Planning Services .
16 . The Site Plan Review map shall be titled "Site Plan Review No . . " The
Department of Planning Services shall provide the appropriate number.
17 . The Site Plan Review map shall bear the following certifications:
a . Property owner' s certificate :
I , the undersigned , certify that the uses , buildings and structures located on this Site
Plan Review are designed and will be constructed and operated in accordance with
the development standards hereon and the district requirements for the
Zone District as stated in Chapter 23 of the Weld County Code . I understand failure to
comply with the development standards , applicable provisions of County Code , and/or
any conditions of approval could result in the County initiating a compliance action
against me or my successors .
Signature of Property Owner
The foregoing instrument was subscribed and sworn to be before me this day of
a a by
WITNESS my hand and official seal .
My commission expires :
Notary Public
b . Department of Planning Services' Administrative Review Certificate :
This map is accepted and approved for filing .
Director of Planning Services
The foregoing certificate was acknowledged before me this _ day of
, by
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WITNESS my hand and official seal .
My commission expires . _
Notary Public
X . REPEALED .
Y . The applicant shall provide the Department of Planning Services with a certificate from the
County Treasurer showing no delinquent property taxes for the parcel area .
Z . and AA . — No change .
BB . REPEALED .
CC . REPEALED . (See Subsection f. 11 . )
DID. REPEALED . (See Subsection 0 . )
EE . The application fee. An additional fifty (50) percent of the permit fee shall be added to the
cost of the application fee if the USE is started prior to approval of a Site Plan Review. The
payment of the investigation fee shall not relieve any persons from fully complying with the
requirements of this Chapter, nor from any other penalties .
FF . The names and addresses of any owner, operator, or user of any irrigation ditch , lateral , or
pipeline that traverses the property.
Amend Sec. 23 -2- 170 . Changes and termination of use.
A. Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review
map and the approved U S E and type of occupancy , Major changes from the approved Site
Plan Review map, USE or type of occupancy shall require the approval of an amended Site
Plan Review by the Department of Planning Services . The Department of Planning Services
is responsible for determining whether a major change exists , in which case a new Site Plan
Review application and processing shall be required . Any other changes shall be filed in the
Department of Planning Services in the approved Site Plan Review file .
B . Construction of improvements pursuant to approval of a Site Plan Review shall be
commenced , and continual progress shall be made , within three (3) years from the date of
approval , or the approval shall terminate thirty (30) days following notice to the applicant . The
Director of Planning Services may grant a one-time extension of up to one hundred twenty
( 120) days , for good cause shown , upon a written request by the landowner. Before this
extension has expired , the applicant may seek a further extension from the Board of County
Commissioners by written request to the Director of Planning .
C . Approval of a Site Plan Review shall terminate when the USE is discontinued for a period of
three (3) consecutive years or a new Site Plan Review is approved . Should the Department
of Planning Services observe or receive credible evidence of a discontinuance for a period of
three (3) consecutive years , the Department Director shall notify the applicant and property
owner by first-class mail of such termination . The Director's decision to terminate the approval
of the Site Plan Review may be appealed by the applicant and/or property owner pursuant to
the provisions of Section 2-4- 10 of this Code .
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
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are not corrected by the date specified by the Department of Planning Services, the
application shall be rejected .
B . Upon approval of the draft Site Plan Review map, the applicant shall submit a Site Plan
Review map for recording , along with all other documentation required as conditions of
approval . The map shall be delineated in nonfading permanent black ink on Mylar or other
drafting media approved by the Department of Planning Services . The map shall bear original
signatures and seals in permanent black ink . The size of each sheet shall be twenty-four (24)
inches in height by thirty-six (36) inches in width . Upon completion of all conditions of approval ,
the map shall be recorded in the office of the County Clerk and Recorder by the Department
of Planning Services . The applicant shall be responsible for paying the recording fee . The
conditions of approval shall be met and the map recorded within one hundred twenty ( 120)
days from the date the administrative review was signed . The Director of Planning Services
may grant an extension , for good cause shown , upon a written request by the applicant. If no
written request is submitted , if the Director of Planning Services denies the extension , or if the
conditions are not met and the map recorded by the date specified by the Director of Planning
Services , the Site Plan Review approval shall be terminated .
Amend Sec. 23 -2-180 . Enforcement procedures .
A. It shall be a violation to operate without an approved Site Plan Review if one is required by
this Chapter. Such violation may be enforced in accordance with the procedures set forth in
Article X of this Chapter.
E . A property owner who fails or refuses to comply with all requirements and conditions of an
approved Site Plan Review shall be noticed in writing by the Director of Planning Services of
such compliance deficiencies . Continued failure or refusal to comply may result in termination
of the approved Site Plan Review. The Director shall notify the property owner by first-class
mail of such termination . The Director' s decision to terminate the approval of the Site Plan
Review may be appealed by the applicant and/or property owner pursuant to the provisions
of Section 2 -4- 10 of this Code .
C . ( Repealed . )
D . ( Repealed . )
E . ( Repealed . )
Division 4 - Uses by Special Review
Amend Sec. 23 -2-200 . Intent and applicability,
A . Uses by Special Review are USES which have been determined to be more intense or to
have a potentially greater impact than the Uses Allowed by Right in a particular zone district .
Therefore , Uses by Special Review require additional consideration to ensure that they are
established and operated in a manner that is compatible with existing and planned land USES
in the NEIGHBORHOOD . The additional consideration or regulation of Uses by Special
Review, and the application to a Use by Special Review of Performance ! Design and
Operations Standards listed both herein [JF4] 1 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 PUBLICAGENCIES Ask, which shall require review
and approval by the Planning Commission only as set forth in Division 5 of this Article II .
C . Any person filing an application for a Special Review Permit shall comply with the COUNTY
procedures and regulations as set forth herein .
D . and E . — No change .
F . The applicant or owner shall submit an Improvements Agreement agreeing to construct the
required improvements , as shown in the application , plans and other supporting documents .
The agreement shall be made in conformance with the County policy on collateral for
improvements. The agreement shall be approved by the Board prior to recording the map , if
applicable . Approval of the Improvements Agreement will be a condition of obtaining an
Access Permit.
C . Applications for Special Review Permits shall be accepted only for proposed USES on LEGAL
LOT(S) . An application for a Special Review Permit shall include the entire LOT (S ) upon which
the Special Review Permit will be located .
H . The applicant shall submit the draft map for preliminary approval to the Department of
Planning Services in electronic (. pdf) format . Upon approval , the applicant shall submit the
map on Mylar or other drafting media approved by the Department of Planning Services , along
with all other documentation required as Conditions of Approval . The map shall be recorded
in the office of the County Clerk and Recorder by the Department of Planning Services . The
map shall be prepared in accordance with the requirements of Subsection 23-2-260 . D of this
Article . The map shall be recorded within one hundred twenty ( 120) days from the date of the
Board of County Commissioners Resolution . The applicant shall be responsible for paying the
recording fee . If a Use by Special Review ( USR ) map has not been recorded within one
hundred twenty ( 120) days from the date of the Board of County Commissioners Resolution ,
or within a date specified by the Board of County Commissioners , the Board may require the
landowner to appear before it and present evidence substantiating that the Use by Special
Review ( USR) has not been abandoned and that the applicant possesses the willingness and
ability to record the Use by Special Review (USR) map . The Board of County Commissioners
may extend the date for recording the map . If the Board determines that conditions supporting
the original approval of the Use by Special Review ( USR) cannot be met , the Board may , after
a public hearing , revoke the Use by Special Review ( USR) .
Amend Sec . 23-2-210. Duties of Department of Planning Services.
Any person wanting to apply for a Use by Special Review shall arrange for a preapplication
conference with the Department of Planning Services .
A. — No change.
B . Upon determination that the application submittal is complete , the Department of Planning
Services shall :
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1 . Refer the application to the applicable agencies listed in Appendix 23 -G , as determined
by the Department of Planning Services . The failure of any agency to respond within
twenty-eight (28) days may be deemed to be a favorable response . The reviews and
comments solicited by the COUNTY are intended to provide the COUNTY with information
about the proposed Use by Special Review . The Planning Commission and Board of
County Commissioners may consider all such reviews and comments and may solicit
additional information if such information is deemed necessary . The reviews and
comments submitted by a REFERRAL agency are recommendations to the COUNTY .
The authority for making the decision to approve or deny the request for a Special Review
Permit rests with the Board of County Commissioners .
2 . Prepare staff comments for use by the Planning Commission addressing all aspects of the
application , its conformance with Chapter 22 of this Code and any other applicable code
provision or ordinance in effect , adopted MASTER PLANS of affected municipalities ,
sound land use planning practices , comments received from agencies to which the
proposal was referred and standards contained in this Chapter.
3 . Set a Planning Commission hearing date and a Board of County Commissioners hearing
date.
4 . — No change.
5 . Give notice of the application for a Special Review Permit and the public hearing dates to
those persons listed in the application as owners of property located within five hundred
(500) feet of the parcel under consideration . Such notification shall be mailed , first-class ,
not less than ten ( 10) days before the scheduled Planning Commission public hearing .
Such notice is not required by state statute and is provided as a courtesy to surrounding
property owners (the surface estate) . Inadvertent errors by the applicant in supplying such
list or the Department of Planning Services in sending such notice shall not create a
jurisdictional defect in the hearing process , even if such error results in the failure of a
surrounding property owner to receive such notification .
6 . A sign shall be posted for the applicant on the property under consideration for a Use by
Special Review permit . The sign shall be posted adjacent to and visible from a PUBLIC
STREET/ROAD RIGHT-OF-WAY . In the event the property under consideration is not
adjacent to a_,PUBLIC STREET/ROAD RIGHT-OF-WAY, one ( 1 ) sign shall be posted in
the most prominent place on the property and a second sign posted at the point at which
the driveway ( access drive) intersects a_PUBLI STREET/ROAD RIGHT-OF-WAY. The
sign shall be posted at least ten ( 10) days prior to the Planning Commission hearing and
evidenced with a photograph . The sign will include the following information :
a . — No change .
b . Date , place and time of Public Hearings ,
c . thru f. — No change .
7 . Arrange for legal notice of hearings to be published in the newspaper designated by the
Board of County Commissioners for publication of notices . At the discretion of the Board
of County Commissioners , a second notice may be published in a newspaper which is
published in the area in which the Use by Special Review is proposed . Failure to publish
the second notice shall not create a jurisdictional defect in the hearing process . The date
of publication shall be at least ten ( 10) days prior to the hearing .
Amend Sec . 23 -2-220. Duties of Planning Commission .
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A . The Planning Commission shall hold a hearing to consider the application for the Special
Review Permit . The public hearing may involve either the Special Review Permit application
alone or may include the review of concurrent applications under the COUNTY' s provisions
for Overlay Districts Regulations in Article V and Floodplain Regulations in Article XI of this
Chapter. The Planning Commission shall provide recommendations to the Board of County
Commissioners concerning the disposition of the requested Special Review Permit . The
Planning Commission shall recommend approval of the request for the Special Review Permit
only if it finds that the applicant has met the standards or conditions of this Subsection A and
Sections 23-2-240 and 23-2-250 of this Division . The applicant has the burden of proof to
show that the standards and conditions of this Subsection A and Sections 23-2-240 and
23-2 -250 are met . The applicant shall demonstrate :
1 . thru 3 . — Nochange .
4. That the USES which would be permitted will be compatible with future DEVELOPMENT
of the surrounding area as permitted by the existing zoning and with the future
DEVELOPMENT as projected by Chapter 22 of this Code or MASTER PLANS of affected
municipalities .
5 . That the application complies with Articles V and XI of this Chapter if the proposal is
located within an OVERLAY ZONING DISTRICT or a SPECIAL FLOOD HAZARD AREA
identified by maps officially adopted by the COUNTY.
6 . and 7 . — No change.
B . — No change.
C . If the Planning Commission recommendation is conditional upon the applicant completing
certain specified items prior to the hearing by the Board of County Commissioners , the ten-day
period shall commence upon submission of the items by the applicant to the Department of
Planning Services.
Amend Sec. 23-2-230 . Duties of Board of County Commissioners.
A. REPEALED .
B . The Board of County Commissioners shall hold a public hearing to consider the application
and to take final action thereon . In making a decision on the proposed Use by Special Review ,
the Board of County Commissioners shall consider the recommendation of the Planning
Commission , and from the facts presented at the public hearing and the information contained
in the official record which includes the Department of Planning Services case file , the Board
of County Commissioners shall approve the request for the Special Review Permit only if it
finds that the applicant has met the standards or conditions of this Subsection B and Sections
23-2-240 and 23-2-250 of this Division . The applicant has the burden of proof to show that the
standards and conditions of this Subsection B and Sections 23-2-240 and 23-2 -250 of this
Division are met . The applicant shall demonstrate :
1 . thru 4 . — No change .
5 . That the application complies with Articles V and XI of this Chapter if the proposal is
located within any OVERLAY ZONING DISTRICT or a SPECIAL FLOOD HAZARD AREA
identified by maps officially adopted by the County .
6 . That if the USE is proposed to be located in the A (Agricultural ) Zone District , the applicant
has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the
locational decision for the proposed USE .
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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 shah continue to meet these standards if approved
for DEVELOPMENT.
1 . and 2 . — No change .
3 . If soil conditions on the site are such that they present moderate or severe limitations to
the construction of STRUCTURES or facilities proposed for the site , the applicant has
demonstrated how such limitations can and will be mitigated .
4 . — No change.
S . USES shall comply with the stormwater drainage criteria requirements set forth in this
Code .
6 . All parking and vehicle storage shall be provided on the site . Parking and loading areas
shall be designed and constructed in accordance with Division 1 of Article IV of this
Chapter.
7 . The USE shall comply with all the Bulk Standards requirements of the zone district.
B . — No change .
9 . New accesses to PUBLIC RIGHTS-OF-WAY shall be constructed in accordance with this
Code .
10 . Buffering or SCREENING of the proposed USE from ADJACENT properties may be
required in order to make the determination that the proposed USE is compatible with the
surrounding USES . Buffering or SCREENING may be accomplished through a
combination of berrning , landscaping and fencing .
11 . — No change.
12 . The placement of SIGNS on the site shall comply with the requirements of Article IV,
Division 2 and Appendixes 23-C1 23-D , and 23 -E of this Chapter, unless a waiver
therefrom is requested in the application and granted by the Board of county
commissioners as part of the Use by Special Review Permit . Offsite SIGNS shall not be
permitted through the USR R permit process .
13 . A statement explaining that the trash collection areas or facilities shall be SCREENED
from PUBLIC RIGHTS -OF-WAY and ADJACENT properties . These areas shall be
designed and USED in a manner that will prevent wind- or animal -scattered trash .
B . REPEALED . (See Division 5 of this Article . )
Amend Sec. 23-2 -250. Operation standards .
An applicant for a Special Review Permit shall demonstrate conformance with the following
operation standards in the Special Review Permit application to the extent that the standards
affect location , layout and design of the Use by Special Review prior to construction and operation .
Once operational , the operation of the USES permitted shall conform to these standards .
A . The operation of the USES shall comply with the noise standards enumerated in Section
25- 12- 101 , et seq . , C . R . S .
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E . thru 0 . 1 . — No change .
2 . Neither direct nor reflected light from any light source may create a traffic hazard to
operators of motor vehicles on PUBLIC or private STREETS/ROADS and no colored lights
may be used which may be confused with or construed as traffic control devices .
E . and F . — No change .
G . Any off-site and on-site Improvements Agreement shall be made in conformance with the
County policy on collateral for improvements.
Amend Sec. 23 -2-260. Application requirements .
A. The purpose of the application is to give the petitioner an opportunity to demonstrate through
written and graphic information how the proposal complies with the standards of this Chapter.
The following supporting documents shall be submitted as a part of the application except for
those items determined by the Director of Planning Services , in writing , or the Board of County
Commissioners , on the record , to be unnecessary to a decision on the application :
1 . thru 4 . — No change .
5 . A statement which explains that the application complies with Article V and Article Xl of
this Chapter if the proposal is located within any OVERLAY ZONING DISTRICT or a
SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY.
6 . and 7 . — No change .
8 . The applicant shall provide a narrative or preliminary drainage study in accordance with
the stormwater drainage criteria requirements of this Code .
9 . A narrative explaining how the LOT ( S) will have safe access to an approved PUBLIC or
private STREET/ROAD and a traffic narrative describing the projected number of vehicle
trips (average per day , maximum per day , peak hour data) to and from the site and the
type of vehicles ( passenger, semi-truck, etc. ) . The design designation of a
STREET/ROAD or highway as to type shall be in conformance with that shown on the
Transportation Plan and/or the MASTER PLAN of the affected municipality . A traffic
impact study may be required . Improvements to adjacent STREETS/ROADS may be
necessary to provide adequate safe and efficient transportation to and from the site . An
Improvements Agreement may be required .
B . The following general information shall be submitted :
1 . thru 6 . — No change .
7 . Present zone and OVERLAY ZONING DISTRICTS , if appropriate.
8 . thru 10. — No change .
11 . The applicant shall provide the Department of Planning Services with a certificate from the
County Treasurer showing no delinquent property taxes for the parcel area .
12 . REPEALED .
13 . and 14 . — No change.
15 . A proposed plan for installation of desired SIGNS following the standards set forth in
Chapter 23 , Article IV, Division 2 .
16 . — No change.
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17 . The names and addresses of any owner, operator, or user of any irrigation ditch , lateral ,
or pipeline that traverses the property.
C . A detailed description of the proposed operation and USE shall be supplied . Details for the
following items , when applicable , are required :
1 . thru 7 . — No change .
8. REPEALED .
9 . Sewage facilities .
10. thru 17 . — No change .
D . Special Review Permit Plan Map .
1 . The map shall be delineated on Mylar or other drafting media approved by the Department
of Planning Services .
2 . thru 4 . c . 3) — No change .
4) The general classifications and distribution of soils over the parcel under
consideration . Soil classification names and agricultural capability classifications
shall be noted in the legend .
5 ) Locations and names of all STREETS/ROADS , irrigation ditches and water
features .
6) Location of all residences within a one -half-mile radius , existing and proposed
accesses to the property proposed for the Use by Special Review, any abutting
SUBDIVISION outlines and names , and the boundaries of any ADJACENT
municipality.
7 ) Any other relevant information within a one-half-mile distance of the perimeter of
the property proposed for the Use by Special Review as may be reasonably
required by the COUNTY to meet the intent and purpose of this Chapter.
5 . Plot Plan . A plot plan of the Use by Special Review area shall be drawn on the Special
Review Permit Plan Map .
a . The scale of the plot plan shall be one ( 1 ) inch equals one hundred ( 100) feet or at
another suitable scale if approved by the Department of Planning Services .
b . The plot plan shall outline the boundaries of the LOT(S) being considered for the Use
by Special Review.
c. The plot plan shall include the location and identification of all of the following items
within a two -hundred-foot radius of the boundaries of the LOT(S ) , as well as within the
LOT ( S) itself; it shall also include the proposed features and STRUCTURES of the
Use by Special Review :
1 ) API PUBLIC RIGHTS-OF-WAY of record (including names) .
2) thru 6) — No change .
7) Topography at ten-foot contour intervals or at intervals as determined necessary
by the Department of Planning Services .
8) thru 11 ) — No change .
12) Location of any SPECIAL FLOOD HAZARD AREA, GEOLOGIC HAZARD AREA ,
or mineral resource areas .
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13) The location of any SIGN requiring zoning approval . Distances from property lines
shall be indicated .
14) — No change .
E . Supporting Documents . The following supporting documents shall be submitted as part of the
application :
1 . If an authorized agent signs , a letter of authorization signed by all fee owners shall be
included with the application . If the property is owned by a corporation , evidence that the
signatory has the legal authority to sign for the corporation shall be included .
2 . thru 5 . — No change .
6 . REPEALED .
7 . — No change .
F . REPEALED .
G . The application fee . An additional fifty ( 50) percent of the permit fee shall be added to the cost
of the Special Review Permit application fee if the USE is started prior to issuance of a Special
Review Permit . The payment of the investigation fee shall not relieve any persons from fully
complying with the requirements of this Chapter, nor from any other penalties .
Amend Sec. 23-2 -270. Development standards.
An applicant for a Special Review Permit shall demonstrate conformance with and shall
continue to meet any DEVELOPMENT STANDARDS approved and adopted by the COUNTY.
The DEVELOPMENT STANDARDS shall be placed on the Special Review Permit Plan Map prior
to recording . Noncompliance with any of the approved DEVELOPMENT STANDARDS may be
reason for revocation or suspension of the special review permit by the Board of County
Commissioners . Civil penalties in lieu of a suspension may also be imposed with the express prior
agreement of the applicant. The availability of these remedies in no way limits the Board of County
Commissioners from seeking or applying any other remedies which are available for
noncompliance with the DEVELOPMENT STANDARDS .
Amend Sec . 23-2-280 . Changes to a Special Review Permit.
A . — No change .
B . Any decrease in the land area occupied by a Use by Special Review Permit shall qualify the
landowner to be able to request a partial vacation of the Use by Special Review from the
Board of County Commissioners , permitting the following :
1 . thru 3. a . — No change.
b . Submit a revised Use by Special Review map to the Department of Planning Services
illustrating the vacated portion of the property and the existing permit . The revised map
shall include a note stating that the partial vacation does not create separate parcels .
4 . — No change.
5 . Once approved , the applicant shall submit a map conforming to Subsection 23-2 -260 . D of
this Code . This map shall illustrate the vacated portions of the property/operation . The
map shall contain two (2) vicinity maps . The first shall illustrate the use boundary prior to
the partial vacation . The second shall illustrate the use boundary after the partial vacation .
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D . 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
Myiar or other drafting media approved by the Department of Planning Services . The map
shall bear original signatures and seals in permanent black ink. Upon completion of all
conditions of approval , the map shall be recorded in the office of the County Clerk and
Recorder by the Department of Planning Services . The applicant shall be responsible for
paying the recording fee . The conditions of approval shall be met and the map recorded within
one hundred twenty ( 120) days from the date the resolution was signed . If the map has not
been recorded within one hundred twenty ( 120) days from the date the resolution was signed ,
or if an applicant is unable to meet all of the conditions within one hundred twenty ( 120) days
of approval , the applicant may request an extension from the Director of Planning Services .
The Director of Planning Services may grant a one-time extension of up to one hundred twenty
( 120) days , for good cause shown , upon a written request by the applicant. Before this
extension has expired , the applicant may seek a further extension from the Board of County
Commissioners by written request to the Director of Planning . If the Board of county
commissioners denies the extension or if the conditions are not met and the map recorded
by the date specified by the Board , the approval shall be voided , and the application denied .
Amend Sec. 23 -2-285. Minor amendments .
A. Minor amendments to any approved Use by Special Review and SITE SPECIFIC
DEVELOPMENT PLAN may be approved , approved with conditions , or denied
administratively by the Planning Services Director and may be authorized without additional
public hearings. Such minor amendments may be authorized by the Planning Services
Director as long as the DEVELOPMENT application , as amended , continues to comply with
these standards and regulations , at least to the extent of its original compliance . The Planning
Services Director' s approval shall be in writing and contain findings of fact.
B . Once the application that is subject of this section is deemed complete by the Department of
Planning Services , the Department of Planning Services shall send the application to
applicable agencies listed in Appendix 23-G , as determined by the Department of Planning
Services . The failure of any agency to respond within twenty-eight (28) days may be deemed
a favorable response . All REFERRAL agency review comments are considered
recommendations . The authority and responsibility for approval and denial of the amendment
rests with the Department of Planning Services .
C . Review criteria for minor amendments to a Use by Special Review Application and SITE
SPECIFIC DEVELOPMENT PLAN . To approve a minor amendment, the Planning Services
Director shall consider the following review criteria and find that each criterion has been met
or determined to be inapplicable :
1 . The proposed changes will be compatible with existing and allowed USES in the
surrounding area and be in harmony with the NEIGHBORHOOD.
2 . and 3 . — No change.
4 . The recommendations of REFERRAL agencies have been considered .
5 . — No change.
6 . The proposed changes shall be consistent with the original DEVELOPMENT
STANDARDS .
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D . The Planning Services Director may refer a Minor Amendment to the Board of County
Commissioners and schedule a public hearing . If such hearing is scheduled , the staff shall :
1 . Arrange for legal notice of said hearing to be published in the newspaper designated by
the Board of County Commissioners for publication of notices at least ten ( 10) days prior
to the hearing .
2 . Give notice of the application and the public hearing date to those persons listed in the
application as owners of property located within five hundred (500) feet of the parcel under
consideration . Such notification shall be mailed , first-class , not less than ten ( 10) days
before the scheduled public hearing . Such notice is not required by state statute and is
provided as a courtesy to surrounding property owners (the surface estate ) . Inadvertent
errors by the applicant in supplying such list or the Department of Planning Services in
sending such notice shall not create a jurisdictional defect in the hearing process, even if
such error results in the failure of a surrounding property owner to receive such notification .
3 . Post a sign on the property under consideration in a location readily visible from the
adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY . The sign will be posted at least ten
( 10) days preceding the hearing date for the Board of County Commissioners' hearing . In
the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD
RIGHT-OF-WAY, a second sign at the point at which the driveway ( access drive)
intersects a PUBLIC STREET/ ROAD RIGHT-OF-WAY will be posted . The sign posting
will be evidenced with a photograph .
E . REPEALED .
F . REPEALED .
G . — No change .
H . REPEALED.
I . Application Fee . An additional fifty percent (50% ) of the permit fee shall be added to the cost
of the Minor Amendment Special Review permit application fee when the USE is started
without a Minor Amendment Special Review permit. The payment of the investigation fee shall
not relieve any persons from fully complying with the requirements of this Chapter, nor from
any other penalties .
J . Application Requirements :
1 . — No change .
2 . One ( 1 ) copy of the Special Review map ; twenty-four (24) inches by thirty-six (36) inches .
See Subsection L below for map requirements .
3 . One (1 ) eight-and-one-half inch by eleven-inch reduced copy of the twenty-four- inch by
thirty-six-inch Special Review map .
4. thru 9 . — No change .
10 . One ( 1 ) copy of the affidavit and the certified list of the names , addresses and the
corresponding parcel identification number assigned by the County Assessor of the
owners of property <the surface estate) within five hundred (500) feet of property being
considered . This list shall be compiled from the records of the County Assessor, the
County website , wvvw. 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 .
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11 . REPEALED .
12 . thru 14. — No change .
15 . REPEALED.
K. Questionnaire . The following questions are to be answered and submitted as part of the Minor
Amendment application . If a question does not pertain to your use , please respond with " not
applicable , " with an explanation as to why the question is not applicable .
1 . and 2 . — No change .
3 . What type of USES surround the site (explain how the proposed use is consistent and
compatible with surrounding land USES) .
4 . Describe , in detail , the following :
a . thru c . - No change .
d . Type and number of STRUCTURES to be erected ( built) on this site .
e . thru I . — No change.
L. SITE SPECIFIC DEVELOPMENT PLAN and Use By Special Review ( USR) Map
Requirements . The map requirements for Minor Amendments shall be the same as required
in Subsection 23-2-260. D , except that the certificate for the Planning Commission 's signature
shall be replaced with one for the Director of Planning Services and the certificates for the
Board of County Commissioners and the Clerk to the Board are only required if the application
is referred to the Board of County Commissioners.
Delete remainder of Subsection L.
M . The applicant shall submit the draft map for preliminary approval to the Department of
Planning Services in electronic ( . pdf) format . Upon approval of the draft map, the applicant
shall submit a final map for recording , along with all other documentation required as
conditions of approval . The map shall be delineated in nonfading permanent black ink on
Mylar or other drafting media approved by the Department of Planning Services . The map
shall bear original signatures and seals in permanent black ink . Upon completion of all
conditions of approval , the map shall be recorded in the office of the County Clerk and
Recorder by the Department of Planning Services . The applicant shall be responsible for
paying the recording fee . The conditions of approval shall be met and the map recorded within
one hundred twenty ( 120) days from the date the administrative review was signed . If the map
has not been recorded within one hundred twenty ( 120 ) days from the date the administrative
review was signed (or from the date the resolution was signed , if approved by the Board of
County Commissioners) , or if an applicant is unable to meet all of the conditions within one
hundred twenty ( 120) days of approval , the applicant may request an extension from the
Director of Planning Services . The Director of Planning Services may grant a one-time
extension of up to one hundred twenty ( 120) days , for good cause shown , upon a written
request by the applicant. Before this extension has expired , the applicant may seek a further
extension from the Board of County Commissioners by written request to the Director of
Planning . If the Board of County Commissioners denies the extension or if the conditions are
not met and the map recorded by the date specified by the Board , the approval shall be voided ,
and the application denied .
Amend Sec. 23 -2-290. Termination of use.
A. and B . — No change .
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C . REPEALED .
D . In such cases where the Use by Special Review has terminated but the landowner does not
agree to request to vacate the U s e by Special Review Permit , a hearing shall be scheduled
with the Board of County Commissioners to provide the landowner an opportunity to request
that the Use by Special Review Permit not be vacated , for good cause shown . The landowner
shall be notified at least ten ( 10) days prior to the hearing . If the Board of County
Commissioners determines that the Use by Special Review has terminated and no good
cause has been shown for continuing the permit, then the termination becomes final and the
Use by Special Review Permit is vacated .
E . — No change .
F . REPEALED .
Division 5 - Special Review Permits for Major Facilities of Public Utility or Public Agency
Amend Sec. 23-2-300 . Applicability .
A. and B. — No change .
C . REPEALED . (See Sections 23-2-380 and 23-2-390. )
Amend Sec . 23-2 -330. Duties of Department of Planning Services .
A . — No change.
B . Upon determination that a submitted application is complete , the staff of the Department of
Planning Services shall :
1 . Refer the application to the applicable agencies listed in Appendix 23-G , as determined
by the Department of Planning Services . The failure of any agency to respond within
twenty-eight (28) days may be deemed to be a favorable response to the proposal . The
reviews and comments solicited by the COUNTY are intended to provide the COUNTY
with information on the proposal . The Planning Commission may consider all such reviews
and comments and may solicit additional information if such information is deemed
necessary . The reviews and comments submitted by a REFERRAL agency are
recommendations to the COUNTY. The authority for making the decision to approve or
deny the proposal rests with the Planning Commission .
2 . Prepare staff comments and recommendations for presentation at the Planning
Commission hearing , addressing all aspects of the application , its conformance with this
Chapter and Chapter 22 of this Code and comments received from REFERRAL agencies .
3 . thru 5 . — No change .
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6 . Give notice of application for a Special Review Permit and the public hearing date to those
persons listed in the application as owners of property located within five hundred (500)
feet of the parcel under consideration . For ELECTRIC TRANSMISSION LINE projects,
notice of application shall be given for surface property owners for five hundred (500) feet
on either side of the centerline of the proposed preferred alignment, and to interest holders
(excluding mineral interests) in any real property proposed to be physically disturbed or
crossed by the activity or DEVELOPMENT which is the subject of the application . Such
notification shall be mailed , first-class , no less than ten ( 10) days before the scheduled
public hearing . Such notice is not required by state statute and is provided as a courtesy
to surrounding property owners (the surface estate ) . inadvertent errors by the applicant in
supplying such list, or the Department of Planning Services in sending such notice , shall
not create a jurisdictional defect in the hearing process even if such error results in the
failure of a surrounding property owner to receive such notification .
7 . REPEALED .
8 . REPEALED . (See item 1 . )
9 . REPEALED . (See item 2 . )
Amend Sec . 23 -2-370 . Application re€tuirements.
An adequate number of copies of the application for a Special Review Permit shall be
submitted by the applicant to the Department of Planning Services. An application for a Special
Review Permit shall contain the following information in such form as prescribed by the
Department of Planning :
A. thru D . 13 . — No change .
14 . Additional information required for ELECTRIC TRANSMISSION LINES :
a . thru 15 . d . — No change .
e . A letter from each utility company indicating its intention and ability to serve the
DEVELOPMENT.
f. A list of the names and addresses of all the local governments and special districts
which would be affected by the DEVELOPMENT , and a statement of the anticipated
overall impact on local governments and special district service capabilities , including :
education , police protection , fire protection , water, sewer , health services and
STREET/ROAD maintenance services .
g . thru i . — No change .
j . A description of any routine haul routes , identifying the STREETS/ROADS and bridges
involved and the weight of the loads .
k. — No change.
E . The names and addresses of any owner, operator, or user of any irrigation ditch , lateral , or
pipeline that traverses the property .
F. The application fee . An additional fifty (50) percent of the permit fee shall be added to the cost
of the application fee if the USE is started prior to issuance of a Special Review Permit . The
payment of the investigation fee shall not relieve any persons from fully complying with the
requirements of this chapter, nor from any other penalties .
Amend Sec . 23 -2-380 . Drawing requirements for facilities plan plats.
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A. The general drawing requirements for Facilities Plan Plats for SUBSTATION sites , oil and gas
STORAGE AREAS and POWER PLANT sites are as follows :
1 . An electronic ( . pdf) version of the plat shall be submitted concurrently with the written
application .
2 . If approved , the plat shall be delineated in drawing ink on Mylar or other drafting media
approved by the Department of Planning Services . The dimensions of the map shall be
twenty-four (24) inches by thirty-six (36) inches .
3 . The plat shall be prepared and certified by a land surveyor registered in the State .
B . thru C . 3. — No change .
4 . Show the name and location of all streams , including normally dry streams, ponds or other
bodies of water, existing structures, STREETS/ROADS , bridges , irrigation ditches , oil and
gas wells , utility lines, LANDSCAPE features and easements .
5 , Show the size and location of proposed STRUCTURES or associated facilities such as
access drive, parking area , LANDSCAPED area and fencing .
6 . — No change.
D . Legend . The legend shall include :
1 . — No change .
2 . DEVELOPMENT STANDARDS governing the location , design , construction and
operation of the proposed facility .
3 . thru 5 . — No change .
E . Upon approval , the applicant shall submit the plat, along with all other documentation required
as conditions of approval . The plat shall be recorded in the office of the county Clerk and
Recorder by the Department of Planning Services within one hundred twenty ( 120) days from
the date of the Planning Commission resolution . The applicant shall be responsible for paying
the recording fee . If a Use by Special Review ( USR ) plat has not been recorded within one
hundred twenty ( 120) days from the date of the Planning Commission resolution , or within a
date specified by the Planning Commission , the Planning Commission may require the
applicant to appear before it and present evidence substantiating that the Use by Special
Review ( USR) has not been abandoned and that the applicant possesses the willingness and
ability to record the Use by Special Review (USR) plat . The Planning Commission may extend
the date for recording the plat. If the Planning Commission determines that conditions
supporting the original approval of the Use by Special Review ( USR ) plat cannot be met , the
Planning Commission may, after a public hearing , revoke the Use by Special Review ( USR) .
Amend Sec. 23-2-390 . Drawing requirements for utility line plan maps.
A . The general drawing requirements for Utility Line Plan Maps for ELECTRIC TRANSMISSION
LINES are as follows :
1 . — No change .
2 . An electronic (. pdf) version of the alternate route map set shall be submitted concurrently
with the written application .
3 . The selected route map set shall be submitted for recording after approval of a route by
the Planning Commission .
B . and C . — No change .
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D. Legend . A legend shall be included consisting of the following items :
1 . DEVELOPMENT STANDARDS governing the location , design , construction and
operation of the proposed facility .
2 . thru 4 . — No change .
E . Upon approval , the applicant shall submit the map, along with all other documentation
required as conditions of approval . The map shall be recorded in the office of the County Clerk
and Recorder by the Department of Planning Services within one hundred twenty < 120) days
from the date of the Planning Commission resolution . The applicant shall be responsible for
paying the recording fee . If a Use by Special Review ( USR) map has not been recorded within
one hundred twenty ( 120) days from the date of the Planning Commission resolution , or within
a date specified by the Planning Commission , the Planning Commission may require the
applicant to appear before it and present evidence substantiating that the Use by Special
Review ( USR) has not been abandoned and that the applicant possesses the willingness and
ability to record the Use by Special Review (USR) map . The Planning Commission may
extend the date for recording the map . If the Planning Commission determines that conditions
supporting the original approval of the Use by Special Review (USR) map cannot be met, the
Planning Commission may, after a public hearing , revoke the Use by Special Review ( USR) .
Amend Sec . 23-2-400 . Standards.
The Planning Commission may approve an application for site selection and construction or
expansion of a MAJOR FACILITY OF A PUBLIC UTILITY only if all applicable requirements of
this Division are met , and the applicant has shown that the application is consistent with the
following standards :
A. thru L . — No change .
M . Where a proposed POWER PLANT is to be located in an area where a sufficient housing
supply is unavailable for the anticipated immigrant construction force , the applicant for the
location of such a facility shall present plans showing how housing will be provided for such
workers without creating major negative impacts on existing residents in the impacted
communities .
N . — No change .
O . Applicants for activities reviewed pursuant to this Division 5 as MAJOR FACILITIES OF
PUBLIC UTILITIES shall have the burden of proof to demonstrate that there is a need for the
facility within the proposed area of service , and the Planning om m ission shall be satisfied
that a need exists as part of the determinations for any such permit .
Division 6 - Use by Special Review Permits for PIPELINE - DOMESTIC WATER
Amend Sec. 23-2-460 . Prohibition of construction without permit.
No person shall locate or construct a PIPELINE - DOMESTIC WATER in the unincorporated
COUNTY without first obtaining a Use by Special Review Permit pursuant to this Division 6 .
Amend Sec . 23 -2-470 . Duties of department of planning services .
A. — No change.
E . Upon determination that a submitted application is complete , the staff of the Department of
Planning Services shall :
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1 . Refer the application to the applicable agencies listed in Appendix 23 -G , as determined
by the Department of Planning Services . The failure of any agency to respond within
twenty-eight (28) days may be deemed to be a favorable response . The reviews and
comments solicited by the COUNTY are intended to provide the COUNTY with information
about the proposed Use by Special Review . The Planning Commission and Board of
County Commissioners may consider all such reviews and comments and may solicit
additional information if such information is deemed necessary. The reviews and
comments submitted by a REFERRAL agency are recommendations to the COUNTY.
The authority for making the decision to approve or deny the request for a Use by Special
Review Permit rests with the Board of County Commissioners.
2 . Prepare staff comments for use by the Planning Commission addressing all aspects of the
application , its conformance with Chapter 22 of this Code and any other applicable code
provision or ordinance in effect, adopted MASTER PLANS of affected municipalities ,
sound land use planning practices , comments received from agencies to which the
proposal was referred and standards contained in this Chapter.
3 . Set a Planning Commission hearing date and a Board of County Commissioners hearing
date .
4 . — No change .
5 . Notice of application for a PIPELINE - DOMESTIC WATER and the public hearing dates
shall be given to surface property owners within one hundred fifty ( 150) feet on each side
of the centerline of the proposed preferred alignment , and to fee interest holders
(excluding mineral interests) in any real property proposed to be physically disturbed or
crossed by the activity or DEVELOPMENT which is the subject of the application . Such
notification shall be mailed , first-class , no less than ten ( 10 ) days before the scheduled
Planning Commission public hearing . Such notice is not required by state statute and is
provided as a courtesy to surrounding property owners (the surface estate) . Inadvertent
errors by the applicant in supplying such list , or the Department of Planning Services in
sending such notice , shall not create a jurisdictional defect in the hearing process even if
such error results in the failure of a surrounding property owner to receive such notification .
6 . Prepare staff comments and recommendations for presentation at the Board of County
Commissioners hearing , addressing all aspects of the application , its conformance with
this Chapter and Chapter 22 of this Code and comments received from REFERRAL
agencies .
7 . Arrange for legal notice of hearings to be published once in the newspaper designated by
the Board of County Commissioners for publication of notices . At the discretion of the
Board of County Commissioners , a second notice may be published in a newspaper
published in the area in which the construction is proposed . Failure to publish the second
notice shall not create a jurisdictional defect in the hearing process . The date of publication
shall be at least ten ( 10) days prior to the hearing .
Amend Sec. 23-2-480 . Duties of planning commission .
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A . The Planning Commission shall hold a hearing to consider the application for the Use by
Special Review Permit. The Planning Commission shall provide recommendations to the
Board of county commissioners concerning the disposition of the requested Use by Special
Review Permit . The Planning Commission shall recommend approval of the request for the
Use by Special Review Permit only if it finds that the applicant has met the standards or
conditions of Section 23-2-480 of this Division and Chapter 22 of the Weld County Code. The
applicant has the burden of proof to show that the standards and conditions of Section 23 -2-
480 of this Division and Chapter 22 of the Weld County Code are met. The applicant shall
demonstrate:
1 . — No change .
2 . The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing
and future DEVELOPMENT of the surrounding area , as set forth in applicable MASTER
PLANS .
3 . thru 7 . — No change .
8 . No adverse impact from stormwater runoff to the PUBLIC RIGHTS -OF-WAY and/or
surrounding properties as a result of the PIPELINE - DOMESTIC WATER.
B . — No change .
C . If the Planning Commission recommendation is conditional upon the applicant completing
certain specified items prior to the hearing by the Board of County Commissioners , the ten-
day period shall commence upon submission of the items by the applicant to the Department
of Planning Services .
Amend Sec. 23-2-490 . Duties of Board of county Commissioners .
The Board of County Commissioners shall hold a hearing to consider the application for
construction or expansion of a PIPELINE — DOMESTIC WATER. The Board of county
commissioners may approve the application only if all applicable requirements of this Division
are met , and the applicant has shown that the application is consistent with Chapter 22 of the
Weld County Code and the following standards :
A. — No change .
B . The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and
future DEVELOPMENT of the surrounding area as set forth in applicable MASTER PLANS ,
C . thru G . — No change .
H . No adverse impact from stormwater runoff to the PUBLIC RIGHTS-OF-WAY and/or
surrounding properties shall result from the PIPELINE - DOMESTIC WATER .
Amend Sec . 23-2 -510 . Application requirements .
An adequate number of copies of the application for a Use by Special Review Permit shall
be submitted by the applicant to the Department of Planning Services . An application for a Use
by Special Review Permit shall contain the following information in such form as prescribed by
the Department of Planning Services :
A. — No change .
B . Address of the applicant .
C . Summary statement of the project, to include when applicable :
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1 . thru 2 . d . -- No change .
e . Information of any Neighborhood Meeting conducted , to include the location , date ,
time , attendance and method of advertising .
f. thru k. — No change .
I . A description of any haul routes to be used during construction , identifying
STREETS/ROADS and bridges involved and the weight of the loads .
m . Soils reports required for pipeline crossings or any pipeline encroaching in PUBLIC
RIGHT-OF-WAY, if required by the Department of Public Works .
n . -- No change .
D . A certified list of the names , addresses and the corresponding Parcel Identification Numbers
assigned by the County Assessor of owners of surface properties located within 150 feet of
the PIPELINE — DOMESTIC WATER. The source of such list shall be the records of the
County Assessor, or an ownership update from a title , abstract company , or attorney derived
from such records , or from the records of the County Clerk and Recorder . If the list was
assembled from the records of the County Assessor, the applicant shall certify that such list
was assembled within thirty (30) days of the application submission date .
E . The names and addresses of any owner , operator, or user of any irrigation ditch , lateral , or
pipeline that traverses the property.
F . The application fee. An additional fifty (50 ) percent of the permit fee shall be added to the cost
of the application fee if the USE is started prior to issuance of a Special Review Permit . The
payment of the investigation fee shall not relieve any persons from fully complying with the
requirements of this Chapter, nor from any other penalties .
Amend Sec . 23 -2-520 . Mapping requirements for PIPELINE - DOMESTIC WATER.
A . thru C. — No change .
D . Include a detailed map showing the approved route through the County. The approved route
shall be displayed on a 1 : 200 scale map . The map shall show the recorded easements for the
PIPELINE - DOMESTIC WATER . The map shall also include the location of the existing and
future right-of-way above ground appurtenances , including , but not limited to , valve sites ,
laydown yards , parking and staging areas , temporary and permanent access points . The map
shall include the location of the following items which exist within the easement boundaries:
1 . The physical location of the STREET/ROAD .
2 . All existing and future PUBLIC RIGHTS-OF-WAY .
3. thru 5 . — No change .
6 . Topography at ten -foot contour intervals or at intervals as determined necessary by the
Department of Planning Services .
7 . Identify GEOLOGIC HAZARD AREAS and/or SPECIAL FLOOD HAZARD AREAS .
8 . — No change.
E . Include detailed drawing of pipeline at intersection of any COUNTY STREET/ROAD , section
line , or bridge. Drawings at intersections must be in plan and profile , and shall be at a scale
of 1 : 100 or as determined by the Department of Public Works . PIPELINE - DOMESTIC
WATER must meet the minimum requirements for cover, as determined by the Department
of Public Works .
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F . — No change.
G . DEVELOPMENT STANDARDS ,
Remainder of Section — No change.
Division 7 -- REPEALED .
Division 8 — REPEALED .
Division 9 — Fees.
Amend Sec. 23 -2-900 . Fees established ,
Fees shall be collected in accordance with this Division 9 and Section 5-7- 10 of this Code ..
Remainder of Division — No change .
ARTICLE III - Zone Districts
Division - 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 .
Amend Sec . 23-3 -20. Uses allowed by right outside of subdivisions and historic townsites.
No BUILDING , STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall
hereafter be erected , structurally altered , enlarged or maintained in the A (Agricultural ) Zone
District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES except for one ( 1 ) or
more of the following USES .
A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of
ANIMAL UNITS or HOUSEHOLD PETS permitted in Section 23-3-70. D below is not exceeded
and traffic to and from the facility does not exceed sixty (60) daily trips.
B . Asphalt or concrete batch plant and borrow pits USED TEMPORARILY and exclusively for an
on -site construction project or the completion of a PUBLIC STREET/ROAD improvements
project wilere the subsect oroperty is at , on , or near the STREET/ ROAD on which
improvements are being mamacle . The six-month limitation for this TEMPORARY USE may be
extended in six-month increments at the discretion of the Director of Planning Services up to
two (2 ) times, and thereafter by the Board of County Commissioners.
C . CAMPING , FISHING , HUNTING , and noncommercial WATER SKIING .
D . COUNTY grader sheds .
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E . FARMING and GARDENING , including STRUCTURES for storage of agricultural equipment
and agricultural products and confinement or protection of LIVESTOCK. Converted , partially
dismantled , modified , altered or refurbished MANUFACTURED HOMES shall not be utilized
as agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural
products or confinement or protection of LIVESTOCK.
F . NONCOMMERCIAL TOWERS no taller than seventy (70) feet. ( See Article IV, Division 10 , of
this Chapter. )
G . Police , ambulance , and lire stations or facilities .
H . PUBLIC parks .
I . PUBLIC SCHOOLS .
J . Sand , soil , and aggregate MINING that qualifies for a single limited impact operation under
Section 34-32- 110 C . R .S. ( a 110 permit) or is exempt from any permits from the Colorado
Division of Reclamation , Mining , and Safety, generates no more than five thousand (5000)
cubic yards of material per year for off-site USE , and does not involve crushing , screening , or
other processing . An Improvements Agreement , as determined by the Department of Public
Works, may be required prior to commencement of operations .
K . One ( 1 ) SINGLE- FAMILY DWELLING and 1L-iA Y- '4 F [JF7] , FOSTER CARE
HOME , or GROUP HOME per LEGAL LOT.
L. TELECOMMUNICATIONS ANTENNA TOWERS no taller than thirty-five (35) feet . ( See
Article IV, Division 10 , of this Chapter. )
M . UTILITY SERVICE FACILITIES ,
N . Water tanks , agriculture -related .
0 . REPEALED .
P . REPEALED.
Q . REPEALED.
R . REPEALED .
B . REPEALED .
T . REPEALED .
U . REPEALED .
V. REPEALED .
W. REPEALED .
X . REPEALED .
Y . REPEALED .
Z . REPEALED .
M . REPEALED .
BB . REPEALED .
CC REPEALED .
Amend Sec . 23-3-30. Accessory uses outside of subdivisions and historic townsites.
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The following BUILDINGS , STRUCTURES and USES shall be allowed in the A (Agricultural )
Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWN SITES so long as they
are clearly incidental and ACCESSORY to an allowed USE .
A . One ( 1 ) caregiver of MEDICAL MARIJUANA grown and sold pursuant to the provision of
Article 43 . 3 , Title 12 , C . R. S . , and for a purpose authorized by Section 14 of Article XVIII of the
Colorado Constitution per LEGAL LOT as per Article VII , Chapter 12 , of this Code .
B . Up to two (2 ) CARGO CONTAINERS per LEGAL LOT of less than eighty (80) acres . Up to
five (5) CARGO CONTAINERS may be allowed per LEGAL LOT of eighty <80) or more acres .
D. NONCOMMERCIAL JUNKYARD , as long as it is ENCLOSED within a BUILDING or
STRUCTURE or SCREENED from all ADJACENT properties and PUBLIC RIGHTS-OF-WAY
in conformance with a SCREENING plan approved by the Department of Planning Services .
D . OFFICES .
E . QJJTQQ'Oft $TORAGE of materials accessory to an allowed USELISEsis bile as t,_,. e materials
are SCREENED from ADJACENT LOTS and RIGHTS-OF-WAY.
F . rJFstParking areas and parking STRUCTURES , including parking of one ( 1 ) COMMERCIAL
VEHICLE per LEGAL LOT .
Fs. Up to two (2 ) SEMI-TRAILERS USED as ACCESSORY storage per LEGAL LOT.
( H . STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23- 3-
20.
HI . WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter.
11 REPEALED .
II . REPEALED .
# L . REPEALED .
OM , REPEALED .
MN . REPEALED .
NO . REPEALED .
OP . REPEALED .
-Pa . REPEALED .
QR. REPEALED .
R . REPEALED .
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 . ACRITAINMENT , agriculture-related EVENT FACILITIES , AGRITOURISM , and HUNTING
LODGES permitted under Division 17 of Article IV of this Chapter.
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C . AIRPORTS and AIRSTRIPS , including crop-dusting operations , permitted under Division 17
of Article IV of this Chapter.
D . AUXILIARY QUARTERS , which shall re uire a royal of a certificate of com liance by the
Department of Planning Services to ensure the USE cornplies with the definition in Section
23- 1 -90 of this Code ,
D . E QED ftJF9] AND BREAKFAST FACILITIES permitted under Division 17 of Article IV of this
Chapter.
I F - 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 hl , ,COMMUNITY BUILDINGS permitted under Division 17 of Article IV of this Chapter.
HMI , CONTRACTORS SHOPS permitted under Division 17 of Article IV of this Chapter.
h--.1 CUSTOM MEAT PROCESSING permitted under Division 17 of Article IV of this Chapter.
i . K . Farm equipment sales , repair and installation facilities permitted under Division 17 of Article
IV of this Chapter.
l ‘ Golf courses permitted under Division 17 of Article IV of this Chapter.
k_ . vein , seed , feed , and fertilizer retail and wholesale sales permitted under Division 17 of
Article IV of this Chapter.
MR HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter.
G. 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.
, TF 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.
QTR . MANUFACTURED HOMES and STRUCTURES permitted under Division 3 of Article IV
of this Chapter .
RS . NONCOMMERCIAL TOWERS between seventy (70 ) and one hundred thirty ( 130) feet in
height permitted under Division 10 of Article IV of this Chapter.
- 1- . OIL AND GAS FACILITIES permitted under Division 10 of Article I1 of this Chapter.
TU . PIPELINES - NATU1 AL 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.
W One ( 1 ) second SINGLE-FAMILY DWELLING per LEGAL LOT , subject to the provisions
of Division 8 of Article IV of this Chapter.
X. SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter.
r-Y . SMALL _ - -ate=1-7 of_Article 1V—efratkis
Ghaptorp[ 101-
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Y-71 TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five ( 35) and seventy (70)
feet in height. (See Article IV, Division 10 , of this Chapter. )
AAA. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter.
A TE B . Veterinary clinics or animal hospitals permitted under Division 17 of Article IV of this
Chapter.
111.-_); _ Ca.. C . WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
Amend Sec . 23-3 -40. Uses by special review outside of subdivisions and historic
townsites .
The following BUILDINGS , STRUCTURES and USES may be constructed , occupied ,
operated and maintained on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES in
the A (Agricultural ) Zone District upon approval of a Special Review Permit in accordance with
the requirements and procedures set forth in Article II , Division 4 of this Chapter, or Article II ,
Division 5 , in the case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES .
A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of
ANIMAL UNITS permitted in Section 23 -3- 70 . D below is exceeded or traffic to and from the
facility exceeds sixty (60 ) average daily trips .
B . Asph=, 1 r ncrete ha h-p[ants �[JF11 ]
C [JFI2] . CAMPGROUNDS .
D . More than the number of CARGO CONTAINERS allowed by Section 23-3-30 .
E . CHILD CARE CENTERS .
F . COMMERCIAL rodeos and COMMERCIAL roping arenas .
. P-ar is g r r- than-theme er of COMMERCIAL Val s CLES aI, cwed by -right-or-by-permit ,
Pr13]
H . CEMETERIES .
I . CHURCHES .
J . COMMERCIAL RECREATIONAL FACILITIES .
K . CORRECTIONAL FACILITIES , subject to Article XV, Section 15-5, of the Weld County
Charter.
L . EVENT FACILITIES not agriculture-related .
M . Keeping , raising or boarding of EXOTIC ANIMALS .
N . HOME hJF141BUSINESSES .
O . HELIPORTS .
P . KENNELS , subject to the additional requirements of Section 23-4-400 .
Q . LIVESTOCK CONFINEMENT OPERATIONS , subject to the additional requirements of
Section 23-4- 350 .
R . LUMBERYARDSI WOODWORKI N .
S . MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with
Division 5 of Article II of this Chapter.
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tr. _. LE SOLAR FACILITY , subject to the additional requirements of Section, -23-5-
1 -030. IEJFI5I
UpF161 . Open MINING and processing of minerals , subject to the additional requirements of Article
IV, Division 4 , of this Chapter.
V. MULTI - FAMILY DWELLINGS for persons PRINCIPALLY employed at or engaged in
FARMING .
W. NONCOMMERCIAL TOWERS requiring approval of a Use by Special Review.
X . OIL AND GAS STORAGE FACILITIES .
V . OIL AND GAS SUPPORT AND SERVICE .
Z . ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES .
M . OUTDOOR STORAGE of PUBLIC utility-related equipment.
BB . PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter.
CC . Private SCHOOLS .
DD . RACING FACILITIES .
EE . REPAIR SERVICE ESTABLISHMENT ,
FE RESEARCH LABORATORIES .
GG . RESIDENTIAL THERAPEUTIC CENTERS .
HH . More than the number of SEMI-TRAILERS as ACCESSORY storage _ allowed by right or by
permit.
.
-II . ALL SCALE SOLAR FACILITIES subject�o the additional requirements of Section 23 -4 -
1030 .
F.TwhT Solid and hazardous waste disposal sites and facilities requiring Certificate of
Designation in accordance with Sections 12-6- 10 and 23-4-380 of this Code .
IJJ [JF18J . TELECOMMUNICATION ANTENNA TOWERS requiring approval of a Use by Special
Review.
KK . TRANSLOADI NG ,
LL . USES similar to the USES listed as permitted as long as the USE complies with the general
intent of the Zone District.
MM . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of
Article IV of this Chapter.
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 . 0 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 .
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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 .
O . PUBLIC parks .
H . PUBLIC SCHOOLS .
I . One ( 1 ) SINGLE-FAMILY DWELLING and-AUXILIARY QUARTERS, FOSTER CARE HOME ,
or GROUP HOME per LEGAL LOT.
J . TELECOMMUNICATIONS ANTENNA TOWERS no taller than thirty-five ( 35) feet. (See
Article IV, Division 10 , of this Chapter. )
K. UTILITY SERVICE FACILITIES .
L. Water tanks , agriculture-related .
Amend Sec . 23-3-50. - Accessory uses in subdivisions and townsites .
The following BUILDINGS , STRUCTURES and USES shall be allowed in the A (Agricultural)
Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly
incidental and ACCESSORY to an allowed USE . Note : The combined GROSS FLOOR AREA of
all ACCESSORY BUILDINGS constructed after August 25 , 1981 on LOTS of less than ten ( 10)
acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the
total LOT area , except in Regional Urbanization Areas , which shall adhere to RUA development
standards . However, in no case shall such an ACCESSORY BUILDING exceed twice the GROSS
FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE . Any
ACCESSORY STRUCTURE made nonconforming by application of this Section may be repaired ,
replaced or restored in total .
A . One ( 1 ) caregiver of MEDICAL MARIJUANA that is grown and sold pursuant to the provision
of Article 43 . 3 , Title 12 , C . R . S . ,R . S . , and fora purpose authorized by Section 14 of Article XVIII of
the Colorado Constitution per LEGAL LOT as per Article VII , Chapter 12 , of this Code .
B . One ( 1 ) CARGO CONTAINER per LEGAL LOT .
C . NONCOMMERCIAL kJF19] ,JU K A D, s long as it is EN L El_ rthin a BUILDING or
STRUCTURE or SCREENEDfrom pI0 ADJEaeris PUBLIC RIGHTS-OF-WAY
in _ conformance with a_ SCREEN ' _
�I
- - n approvec,.._ b the _ Department of- . Planning
Sexvjcj . QF F I E-
D N N O►ME I .L Kv RDrow e
' - " efrS k -ECfrom attaDJA E-N ipn-I' t e±an4 P BLICRIGHTS-GFANAY
to c ne - itha RE-E la n± proved-' th en-Depa it meat-of-PI l . . orvi .,
OFFICES .
E . OUTDOOR STORAGE of materials accessory to an allowed USE , as long as the _materials
ateria:ls
are SCREENED from ADJACENT LOTS and RIGHTS-OF-WAY.
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F . !rm2o1Parking areas and parking STRUCTURES , not including parking of COMMERCIAL
VEHICLES .
FG . STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23- 3-
45.
H . WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
Sec . 23-3-55 . Uses allowed by permit in subdivisions and historic townsites .
No USE listed in this Section shall commence construction or operation in the A (Agricultural )
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 , AG RITGURISM , and HUNTING
LODGES permitted under Division 17 of Article IV of this Chapter.
B . AUXILIARY QUARTERS , which shall require approval of a certificate of compliance by the
PQ?artment of Planning Services to _e,nsu.re -tie USE cormlies with the definition_ in Section
23- 1 -90 of this Code ._
C . BED AND BREAKFAST FACILITIES permitted under Division 17 of Article Ill of this Chapter.
CiJF2 ] ] . BREW PUBS , BREWERIES , DISTILLERIES , and WINERIES permitted under Division 17
of Article IV of this Chapter .
D . Parking of one ( 1 ) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of
Article IV of this Chapter.
E . COMMUNITY BUILDINGS permitted under Division 17 of Article IV of this Chapter .
F . CONTRACTOR' S SHOPS permitted under Division 17 of Article IV of this Chapter.
G . Farm equipment sales , repair and installation facilities permitted under Division 17 of Article
IV of this Chapter.
H . Golf courses permitted under Division 17 of Article IV of this Chapter.
I , HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter .
J . Keeping between five (5) and eight (8 ) HOUSEHOLD PETS of one ( 1 ) species , or between
eight ( 8) and sixteen ( 16) HOUSEHOLD PETS of two (2) or more species and , in addition , up
to thirty (30) birds , permitted under Division 17 of Article IV of this Chapter.
K . MANUFACTURED HOMES and STRUCTURES permitted under Division 3 of Article IV of
this Chapter .
L . NONCOMMERCIAL TOWERS between seventy ( 70) and one hundred thirty ( 130) feet in
height permitted under Section 23-4-895 .
M . OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
N . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
O . RECREATIONAL FACILITIES , PUBLIC and PRIVATE , permitted under Division 17 of Article
IV of this Chapter.
P . One ( 1 ) SEMI -TRAILER USED as ACCESSORY storage per LEGAL LOT permitted under
Division 11 of Article IV of this Chapter.
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O . SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter
R . ion 17 of Article .4-V of this,
Chapter.?[JF221
JF23] . TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five ( 35) and seventy (70)
feet in height permitted under Division 10 of Article IV of this Chapter.
T. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter.
U . Veterinary clinics or animal hospitals permitted under Division 17 of Article IV of this Chapter.
V . WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter.
Amend Sec . 23 -3-60. Uses by special review in subdivisions.
The following BUILDINGS , STRUCTURES and USES may be constructed , occupied ,
operated and maintained on LOTS in SUBDIVISIONS in the A (Agricultural ) Zone District upon
approval of a Special Review Permit in accordance with the requirements and procedures set
forth in Article II , Division 4 of this Chapter.
A. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four (4) percent of the
total LOT area , as detailed in Section 23-3-50 above .
B . AGRICULTURAL PRODUCTION .
C . 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 .
U . CAMPGROUNDS .
E . More than one ( 1 ) CARGO CONTAINER.
F . CEMETERI ES .
G . CHILD CARE CENTERS .
H . CHURCHES ,
I . COMMERCIAL RECREATIONAL FACILITIES
J . COMMERCIAL rodeos and COMMERCIAL roping arenas .
K . Disposal of DOMESTIC EPTAOE permitted under Chapter 14 of this Code .
L . EVENT FACILITIES not agriculture-related .
M . Keeping , raising or boarding of EXOTIC ANIMALS .
N . Grain , seed , feed , and fertilizer retail and wholesale sales .
O . HOME BUSINESSES .
P . LIVESTOCK salebarns .
Q . KENNELS .
R . ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES .
B . OUTDOOR STORAGE of PUBLIC utility-related equipment .
T . Private SCHOOLS ,
U . REPAIR SERVICE ESTABLISHMENT,
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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 as ACCESSORY storage allowed by right or by
permit.
Z. SMALL SCALE SOLAR FACILITIES , subject to the additional requirements of Section_ 23- -
10 300 Fzu.
, ._ USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District .
AA . BB . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter .
Sec. 23 -3-45 . Uses by special review in historic townsites.
The following BUILDINGS , STRUCTURES and USES may be constructed , occupied ,
operated and maintained on LOTS in HISTORIC TOWNSITES in the A (Agricultural) Zone District
upon approval of a Special Review Permit in accordance with the requirements and procedures
set forth in Article II , Division 4 of this Chapter.
A. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four (4) percent of the
total LOT area , as detailed in Section 23-3-32 above .
B . AGRICULTURAL PRODUCTION .
C . AIRPORTS and 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 .
NI , Parking of more-than the number-of-CO 4.4+ r�-� _ �_ E- allowed by right or by
T , _ T peFITO[JF25] ,
0 . CUSTOMpFN MEAT PROCESSING .
P . Disposal of DOMESTIC SEPTAGE permitted under Chapter 14 of this Code .
Q . EVENT FACILITIES not agriculture- related .
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R . Keeping , raising or boarding of EXOTIC ANIMALS .
S . FUNERAL HOMES or mortuaries .
T. Grain , seed , feed , and fertilizer retail and wholesale sales .
U . HELIPORTS .
V. HOME BUSINESSES .
W. HOTELS/MOTELS .
X. LANDSCAPING COMPANIES .
V. LIVESTOCK salebarns .
Z . LUMBERYARDS/WOODWORKING .
AA . KENNELS .
BB , NIGHTCLUBS , BARS , LOUNGES OR TAVERNS .
CC . ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES ,
DD . OUTDOOR STORAGE of PUBLIC utility-related equipment.
EE . Private SCHOOLS .
FF . REPAIR SERVICE ESTABLISHMENT.
GO . RESIDENTIAL THERAPEUTIC CENTERS .
HH , RESTAURANTS .
II . RETAIL/SERVICE ESTABLISHMENT.
W.I . 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 s ACCESSORY sticracie allowed by right or by
permit.
LL . SMALL SCALE SOLAR FACILITIES , sub. ect to the additional requirements of Section - -
1036Juni
WM M . TRAN B LOAD I N G
#- N . USES similar to the USES listed as permitted as long as the USE complies with
the general intent of the Zone District .
N1\1 ;00 . WIND GENERATORS requiring the issuance of Special Review Permit under
Division 6 of Article IV of this Chapter.
Sec . 23 -3 -70 . Bulk requirements .
The following lists the bulk requirements for the A (Agricultural ) Zone District . Land in the A
(Agricultural) Zone District is 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 :
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a . Within an HISTORIC TOWNSITE , as defined in Sec . 23- 1 -90 of this Code;
b . Created prior to September 20 , 1961 ;
c . Created in compliance with the Weld County Subdivision Regulations;
d . Created in compliance with the Weld County Subdivision Ordinance , Weld County
Ordinance 173 ; or
e . Created in compliance with Chapter 24 of the Weld County Code .
B . Minimum SETBACK: twenty ( 20) feet . Roadside stands shall be located not less than fifty (50)
feet from any PUBLIC RIGHT-OF-WAY .
C . Minimum OFFSET: three (3 ) feet, or one ( 1 ) foot for each three (3) feet of BUILDING HEIGHT ,
whichever is greater.
D . Maximum number of ANIMAL UNITS permitted per acre: in accordance with the number
shown in the table associated with the definition of ANIMAL UNITS set forth in Section 23- 1 -
90 of this Code . The maximum number of HOUSEHOLD PETS per LOT shall be four (4)
HOUSEHOLD PETS of one ( 1 ) species or a total of seven (7) HOUSEHOLD PETS of two (2)
or more species , except that on a LOT of at least ten ( 10) acres and not in a SUBDIVISION
or HISTORIC TOWNSITE the owner or occupant shalt be permitted to keep or maintain up to
eight (8) HOUSEHOLD PETS of one ( 1 ) species or sixteen ( 16) HOUSEHOLD PETS of two
(2) or more species , and up to thirty ( 30 ) birds.
E . No occupied BUILDING or STRUCTURE shall be constructed within two-hundred (200) feet
of any TANK BATTERY, within one hundred-fifty ( 150) feet of any oil and gas wellhead or
within twenty-five (25) feet of any plugged or abandoned oil and gas well .
F . Sources of light shall be shielded so that beams or rays of light will not shine directly onto
ADJACENT properties . Neither the direct nor reflected light from any light source may create
a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS . No
colored lights may be used which may be confused with or construed as traffic control devices.
Division 2 - Residential Zone Districts
Sec . 23-3 -100. Intent.
The R- 1 , R-2 , R-3 , R-4 and R- 5 Residential Zone Districts are intended to provide present
and future residents of the COUNTY with areas in which to locate and establish a variety of
residential land USES and land USES that are compatible with residential areas . The Residential
Zone Districts are typically located in County Urban Growth Boundaries , Urban Development
Nodes , Regional Urbanization Areas or other areas where adequate services and infrastructure
are currently available or reasonably obtainable .
Sec. 23 -3- 105. Water and sewer requirements.
A . For all R Zone Districts, all USES requiring water on LEGAL LOTS created prior to August 25 ,
1981 shall provide evidence that an adequate source of water and an adequate sewage
disposal system are available prior to the issuance of a building permit . The sewage disposal
system shall comply with the On -Site Wastewater Treatment System regulations contained in
Chapter 30 of this Code or shall be served by PUBLIC SEWER service . LEGAL LOTS created
prior to August 25 , 1981 , but later combined to form a larger LOT shall be considered as
having been created prior to said date for the purpose of this section .
B . USES requiring water on all other LOTS in R Zone Districts shall be served by PUBLIC
WATER from a water district or municipality and PUBLIC SEWER service .
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Amend Sec . 23-3- 110 . R- 1 ( Low-Density Residential) Zone District.
A . Intent. The purpose of the R- 1 Zone District is to provide areas predominantly for suburban-
scale SINGLE- FAMILY residential USE that are located , designed and developed in
compliance with the applicable requirements of this Code. The R- 1 Zone District is also
intended to accommodate nonresidential land USES that are ACCESSORY to or compatible
with residential USES . This Zone District may serve as a transition between E and R-2 Zone
Districts and should be located such that driveways will be located on Jow-traffic , local PUBLIC
or private STREETS/ROADS or ALLEYS .
B . Uses Allowed by Right. No BUILDING , STRUCTURE or land shall be USED , and no
BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or
maintained in the R- 1 Zone District except for one ( 1 ) or more of the following USES .
1 . FISHING and noncommercial WATER SKIING .
2 . GARDENING .
3 . One ( 1 ) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT . ( See
Section 23-4-895 . )
4 . PUBLIC parks .
5 . PUBLIC SCHOOLS .
6 . One ( 1 ) SINGLE- FAMILY DWELLING , FOSTER CARE HOME , or GROUP HOME
FACILITY per LEGAL LOT ,
7 . UTILITY SERVICE FACILITIES .
Delete 8 . thru 10 . a .
C . Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R- 1
Zone District following approval and recording of a Site Plan in accordance with Article II ,
Division 3, of this Chapter.
1 . CHURCHES .
2 . COMMUNITY BUILDINGS .
3 . Golf courses .
4. Police , ambulance , and fire stations or facilities .
5 . Private SCHOOLS .
6 . RECREATIONAL FACILITIES , PUBLIC and PRIVATE .
D . Accessory Uses . The following BUILDINGS , STRUCTURES and USES shall be allowed in
the R- 1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE . Note : The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS
constructed after the original effective date of this Chapter (August 25 , 1981 ) on LOTS of less
than ten ( 10) acres in SUBDIVISIONS and HISTORIC TOWN SITES 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 TOWN SITE 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-
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.
E . Uses Allowed by Permit . No USE listed in this Subsection shall commence construction or
operation in the R- 1 Zone District without prior approval of a land use permit from the
Department of Planning Services .
1 . HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article Ri of this Chapter.
2 . One ( 1 ) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height
per LEGAL LOT permitted under Section 23-4-895 .
3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
4 . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
5 . WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
F . Uses by Special Review. The following BUILDINGS , STRUCTURES and USES may be
constructed , occupied , operated and maintained in the R- 1 Zone District upon approval of a
permit in accordance with the requirements and procedures set forth in Article II , Division 4 of
this Chapter.
1 . ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of
the total LOT area , as detailed in Subparagraph D above .
2 . BED AND BREAKFAST FACILITIES .
3 . CEMETERIES .
4 . CHILD CARE CENTERS .
5 . HOSPITALS , nursing homes , rehabilitation centers .
6 . PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this
Chapter.
7 . RESIDENTIAL THERAPEUTIC CENTERS ,
8 . USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District.
9 . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
Amend Sec . 23 -3-120 . R-2 ( Duplex Residential) Zone District,
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A . Intent . The purpose of the R-2 Zone District is to provide areas for DUPLEX residential USES
that are located , designed and developed in compliance with the applicable requirements of
this Code . The R-2 Zone District is also intended to accommodate nonresidential land USES
that are ACCESSORY to or compatible with residential USES . This Zone District may serge
as a transition between R- 1 and R-3 or R-4 Zone Districts and should be located such that
driveways will be located on low-traffic, LOCAL PUBLIC or private STREETS or ALLEYS .
B . Uses Allowed by Right . No BUILDING , STRUCTURE or land shall be used and no BUILDING
or STRUCTURE shall hereafter be erected , structurally altered , enlarged or maintained in the
R-2 Zone District except for one ( 1 ) or more of the following USES .
1 . FISHING and noncommercial WATER SKIING .
2 . GARDENING .
3 . One ( 1 ) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. ( See
Section 23-4-895. )
4 . PUBLIC parks
5 . PUBLIC SCHOOLS
6 . One ( 1 ) SINGLE- FAMILY DWELLING , DUPLEX DWELLING , FOSTER CARE HOME , or
GROUP HOME FACILITY per LEGAL LOT.
7 . UTILITY SERVICE FACILITIES .
C . Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-2
Zone District following approval and recording of a Site Plan in accordance with Article II ,
Division 3 , of this Chapter.
I . CHURCHES .
2 . COMMUNITY BUILDINGS .
3 . Golf courses .
4 . Police , ambulance , and fire stations or facilities .
5 . Private SCHOOLS .
6. RECREATIONAL FACILITIES , PUBLIC and PRIVATE .
D . Accessory Uses . The following BUILDINGS , STRUCTURES and USES shall be allowed in
the R-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE . Note : The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS
constructed after the original effective date of this Chapter (August 25 , 1981 ) on LOTS of less
than ten ( 10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4 )
percent of the total LOT area , except in Regional Urbanization Areas (RUA) , which shall
adhere to RUA development standards . However, in no case shall such an ACCESSORY
BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR
AREA of the principal DWELLING UNIT on the LOT except by VARIANCE . Any ACCESSORY
BUILDING made nonconforming by application of this Section may be repaired , replaced or
restored in total .
1 . Parking areas and parking STRUCTURES , not including parking of COMMERCIAL
VEHICLES .
2 . STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-
120 . B , not including CARGO CONTAINERS .
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3 . Swimming pools , tennis courts and similar ACCESSORY USES and STRUCTURES .
4 . WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
E . Uses Allowed by Permit . No USE listed in this Subsection shall commence construction or
operation in the R-2 Zone District without prior approval of a land use permit from the
Department of Planning Services .
1 . HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter.
2 . One ( 1 ) NONCOMMERCIAL TOWER per LEGAL LOT between forty (40) and seventy
(70) feet in height per LEGAL LOT permitted under Section 23-4-895.
3 . OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
4 . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter .
5 . WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
F . Uses by Special Review. The following BUILDINGS , STRUCTURES and USES may be
constructed , occupied , operated and maintained in the R-2 Zone District upon approval of a
permit in accordance with the requirements and procedures set forth in Article II , Division 4 of
this Chapter.
1 . ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of
the total LOT area , as detailed in Subparagraph D above .
2 . CEMETERIES .
3 . CHILD CARE CENTERS .
4 . HOSPITALS , nursing homes , rehabilitation centers .
5 . PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this
Chapter.
6 . RESIDENTIAL THERAPEUTIC CENTERS .
7 . USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District,
8 . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
Amend Sec. 23 -3-130 . R-3 ( Medium -Density Residential) Zone District.
A. Intent . The purpose of the R-3 Zone District is to provide areas for higher density residential
uses that are located , designed and developed in compliance with the applicable
requirements of this Code . The R-3 Zone District is also intended to accommodate
nonresidential land USES that are ACCESSORY to or compatible with residential USES . This
Zone District may serve as a transition between COMMERCIAL Zone Districts and R- 1 or R-2
Zone Districts and should be located in urban or urbanizing areas where schools and
COMMERCIAL services are available .
E . 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 .
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1 . DUPLEX DWELLINGS .
2 . FISHING and noncommercial WATER SKIING .
3 . FOSTER CARE HOMES .
4 . GARDENING .
5 . GROUP HOME FACILITIES .
6 . One ( 1 ) NONCOMMERCIAL TOWER up to forty (40 ) feet in height per LEGAL LOT. (See
Section 23-4-895 . )
7 . PUBLIC parks .
8 . PUBLIC SCHOOLS .
9 . UTILITY SERVICE FACILITIES .
C . Uses allowed subject to Site Plan Review . The following USES shall be allowed in the R- 3
Zone District following approval and recording of a Site Plan in accordance with Article II ,
Division 3, of this Chapter.
1 . CHURCHES .
2 . COMMUNITY BUILDINGS .
3 . Golf courses .
4 . Police , ambulance, and fire stations or facilities.
5 . Private SCHOOLS .
6 .. RECREATIONAL FACILITIES , PUBLIC and PRIVATE .
7 . TRW-IL-EX DWELLINGS and {w28] MULTIFAMILY DWELLINGS with up to six (6)
DWELLING UNITS per STRUCTURE .
D . Accessory Uses . The following BUILDINGS , STRUCTURES and USES shall be allowed in
the R-3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE . Note : The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS
constructed after the original effective date of this Chapter (August 25 , 1981 ) on LOTS of less
than ten ( 10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4)
percent of the total LOT area , except in Regional Urbanization Areas ( RUA) , which shall
adhere to RUA development standards. However, in no case shall such an ACCESSORY
BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR
AREA of the principal DWELLING UNIT on the LOT except by VARIANCE . Any ACCESSORY
BUILDING made nonconforming by application of this Section may be repaired , replaced or
restored in total .
1 . Parking areas and parking STRUCTURES , not including parking of COMMERCIAL
VEHICLES .
2 . STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section
23-3- 130 . B, not including CARGO CONTAINERS .
3 . Swimming pools , tennis courts and similar ACCESSORY USES and STRUCTURES .
4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
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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 LI of this Chapter.
4 . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
5 . WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
F . Uses by Special Review. The following BUILDINGS , STRUCTURES and USES may be
constructed , occupied , operated and maintained in the R-3 Zone District upon approval of a
permit in accordance with the requirements and procedures set forth in Article II , Division 4 of
this Chapter .
1 . ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of
the total LOT area , as detailed in Subparagraph D above.
2 . CEMETERIES .
3 . CHILD CARE CENTERS .
4 . HOSPITALS , nursing homes , rehabilitation centers .
5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this
Chapter.
6 . RESIDENTIAL THERAPEUTIC CENTERS .
7 . USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District .
8 . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
Amend Sec . 23-3-140 . R-4 ( High -Density Residential) Zone District.
A. No area of the COUNTY shall be rezoned to the R-4 Zone District after July 25, 2019 .
B . Uses Allowed by Right . No BUILDING , STRUCTURE or land shall be USED , and no
BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or
maintained in the R-4 Zone District except for one ( 1 ) or more of the following USES .
1 . DUPLEX DWELLINGS .
2 . FISHING and noncommercial WATER SKIING .
3. FOSTER CARE HOMES .
4 . GARDENING .
5 . GROUP HOME FACILITIES .
6 . One ( 1 ) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See
Section 23 -4-895 . )
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7 . PUBLIC parks
8 . PUBLIC SCHOOLS
9 . UTILITY SERVICE FACILITIES .
C . Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-4
Zone District following approval and recording of a Site Plan in accordance with Article 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 . TIRVP-LEX DWELLINGS- arid MULTIFAMILY DWELLINGS .
D . Accessory Uses . The following BUILDINGS , STRUCTURES and USES shah be allowed in
the R-4 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE . Note : The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS
constructed after the original effective date of this Chapter (August 25 , 1981 ) on LOTS of less
than ten ( 10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4)
percent of the total LOT area , except in Regional Urbanization Areas (RUA) , which shall
adhere to RUA development standards. However, in no case shall such an ACCESSORY
BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR
AREA of the principal DWELLING UNIT on the LOT except by VARIANCE . Any ACCESSORY
BUILDING made nonconforming by application of this Section may be repaired , replaced or
restored in total .
1 . Parking areas and parking STRUCTURES , not including parking of COMMERCIAL
VEHICLES .
2 . STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-
140 . B, not including CARGO CONTAINERS .
3 . Swimming pools , tennis courts and similar ACCESSORY USES and STRUCTURES .
4 . WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter .
E . Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the R-4 Zone District without prior approval of a land use permit from the
Department of Planning Services.
1 . HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter.
2 . One ( 1 ) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height
per LEGAL LOT permitted under Section 23-4-895 .
3 . OIL AND GAS FACILITIES permitted under Division 10 of Article l I 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.
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5 . WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
F . Uses by Special Review. The following BUILDINGS , STRUCTURES and USES may be
constructed , occupied , operated and maintained in the R-4 Zone District upon approval of a
permit in accordance with the requirements and procedures set forth in Article II , Division 4 of
this Chapter.
1 . ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of
the total LOT area , as detailed in Subparagraph D above .
2 . CEMETERIES .
3 . CHILD CARE CENTERS .
4 . HOSPITALS , nursing homes , rehabilitation centers .
5 . PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this
Chapter.
6 . RESIDENTIAL THERAPEUTIC CENTERS ,
7 . USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District .
8 . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
Amend Sec. 23 -3- 150. R-5 ( Manufactured Home Residential) Zone District.
A . Intent . The purpose of the R-5 Zone District is to provide areas for single-family and DUPLEX
residential occupancy . These areas are intended to be located , designed and developed in
compliance with the applicable requirements of this Code . The R-5 Zone District is also
intended to accommodate nonresidential land USES that are ACCESSORY to or compatible
with residential USES .
B . Uses Allowed by Right . No BUILDING , STRUCTURE or land shall be USED , and no
BUILDING or STRUCTURE shall be hereafter erected , structurally altered , enlarged or
maintained in the R-5 Zone District , except for one ( 1 ) or more of the following USES .
1 . FISHING and noncommercial WATER SKIING .
2 . GARDENING .
3 . One ( 1 ) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT . ( See
Section 23-4-895 . )
4 . PUBLIC parks
5 . PUBLIC SCHOOLS
6 . One ( 1 ) SINGLE- FAMILY DWELLING , DUPLEX DWELLING , FOSTER CARE HOME , or
GROUP HOME FACILITY per LEGAL LOT.
7 . UTILITY SERVICE FACILITIES .
C . Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-5
Zone District following approval and recording of a Site Plan in accordance with Article I I ,
Division 3 , of this Chapter.
1 . CHURCHES .
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2 . COMMUNITY BUILDINGS .
3 . Golf courses .
4 . Police , ambulance , and fire stations or facilities .
5 . Private SCHOOLS .
6 . RECREATIONAL FACILITIES , PUBLIC and PRIVATE .
D . Accessory Uses . The following BUILDINGS , STRUCTURES and USES shall be allowed in
the R-5 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE . Note : The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS
constructed after the original effective date of this Chapter (August 25 , 1981 ) on LOTS of
less than ten ( 10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed
four (4) percent of the total LOT area , except in Regional Urbanization Areas ( RUA) , which
shall adhere to RUA development standards . However , in no case shall such an
ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the
GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE .
Any ACCESSORY BUILDING made nonconforming by application of this Section may be
repaired , replaced or restored in total .
1 . Parking areas and parking STRUCTURES , not including parking of COMMERCIAL
VEHICLES .
2 . STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-
150 . B , not including CARGO CONTAINERS .
3. Swimming pools , tennis courts and similar ACCESSORY USES and STRUCTURES .
4 . WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
E . Uses Allowed by Permit . No USE listed in this Subsection shall commence construction or
operation in the R-5 Zone District without prior approval of a land use permit from the
Department of Planning Services.
1 . HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter.
2 . One ( 1 ) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height
per LEGAL LOT permitted under Section 23-4-895.
3 . OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
4 . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
5 . WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
F . Uses by Special Review. The following BUILDINGS , STRUCTURES and USES may be
constructed , occupied , operated and maintained in the R-5 Zone District upon approval of a
permit in accordance with the requirements and procedures set forth in Article II , Division 4 of
this Chapter.
1 . ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of
the total LOT area , as detailed in Subparagraph D above .
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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 ENTERS .
7 . USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District.
8 . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter .
Amend Sec . 23-3-160 . Bulk requirements.
Table 23 . 2 below lists the Bulk Requirements for the R- 1 , R-2 , R-3 , R-4 and R-5 Zone
Districts , All BUILDINGS , STRUCTURES , USES , and land in the Residential Zone Districts are
subject to the requirements contained in this Section .
Table 23.2
Bulk Requirements for R-1 , R-2 , R-3 , R-4, and R-5 Zone Districts
Section Requirement R!4 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 per B . 6 , 000 3 , 000 3, 000 1 , 500 a 3 , 000
DWELLING UNIT (sq . ft . )
C . Minimum LOT width 50 50 50 50 50
D . Minimum SETBACK (feet) 20 20 -167 20 20
Five (5 ) feet, or one ( 1 ) foot for each three (3)
feet of BUILDING HEIGHT , whichever is greater,
or zero (0) for attached DWELLING UNITS ,
E . Minimum OFFSET (feet) . rmi and where located along a party
permittedR y
wall meeting the requirements of Chapter 29 of
the Weld County Code .
Maximum BUILDING HEIGHTFr 30 30 30 45 30
(feet)
G . Maximum LOT COVERAGE (% ) 50 T 60 60 70 60
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Two (2) per LOT in R- 1 Zone District, ANIMAL
Maximum number of ANIMAL H _ UNITS are not permitted in the R-2 , R-3, R-4 and
UNITS permitted per LOT R-5 Zone Districts.
Maximum number of
C . HOUSEHOLD PETS per
Up to four (4) of one ( 1 ) species or a total of
p seven of two or more species .
premises
Delete Table 23 . 5 — Bulk Requirements for R-5 Zone District ,
J . Minimum OFFSETS and SETBACKS for EXISTING MANUFACTURED HOME PARKS .
1 . The side and rear yard OFFSET requirements in MANUFACTURED HOME PARKS shall
be based on the distance between MANUFACTURED HOME units measured from the
closest point or edge of the MANUFACTURED HOME as follows :
a . Ten ( 10) feet between MANUFACTURED HOMES if the units are placed end (width)
to end (width ) .
b . Fifteen ( 15) feet between MANUFACTURED HOMES if the units are placed side
( length ) to side ( length ) .
c . Twelve and one half ( 12 . 5 ) feet between MANUFACTURED HOMES if the units are
placed side ( length) to end (width ) .
d . For the purpose of this Subsection , the ends (width ) of MANUFACTURED HOMES
that are greater than sixteen ( 16) feet in width , such as double-wide
MANUFACTURED HOMES , shall be considered to be sides of the MANUFACTURED
HOME in measuring distances between MANUFACTURED HOME units .
e . A MANUFACTURED HOME shall have a minimum OFFSET of five (5) feet from the
perimeter of the MANUFACTURED HOME PARK .
f. ACCESSORY BUILDINGS and STRUCTURES on the same LOT or space as a
MANUFACTURED HOME shall have a minimum clearance of ten ( 10) feet from any
STRUCTURE or MANUFACTURED HOME on any other LOT or space .
g . Commonly owned or utilized BUILDINGS ACCESSORY to the MANUFACTURED
HOME PARK site shall have a minimum clearance of ten ( 10) feet from any other
STRUCTURE or MANUFACTURED HOME .
2 . REPEALED.
K . No occupied BUILDING or STRUCTURE shall be constructed within three-hundred-fifty (350)
feet of any OIL AND GAS FACILITY or within twenty-five (25) feet of any plugged or
abandoned oil and gas well .
L . Sources of light shall be shielded so that beams or rays of light will not shine directly onto
ADJACENT properties or PUBLIC or private STREETS/ROAD . Neither the direct nor reflected
light from any light source may create a traffic hazard to operators of motor vehicles on
PUBLIC or private STREETS/ROAD . No colored lights may be used which may be confused
with or construed as traffic control devices .
Sec. 23-3-170 . - Farming of undeveloped land .
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FARMING shall be allowed on any undeveloped land in any R Zone District as long as the
maximum number of ANIMAL UNITS per LOT is not exceeded in the R- 1 Zone District. No
ANIMAL UNITS are permitted in other R Zone Districts .
Division 3 - Commercial Zone Districts
Amend Sec . 23-3 -200 . Intent.
The COMMERCIAL Zone Districts are intended to implement the goals and policies of the
COMPREHENSIVE PLAN and promote economic development and job creation by setting aside
areas for businesses. These districts have been established to provide for COMMERCIAL areas
that meet the needs of COUNTY residents and the traveling public . Attractive , inviting , and well -
maintained shops , stores , OFFICES , and other BUILDINGS are characteristics of these districts .
Amend Sec. 23 -3-210 . C -I ( Neighborhood Commercial) Zone District.
A. Intent . The purpose of the C- 1 Zone District is to designate areas for activities that provide
convenient goods , services, and compatible USES primarily for the residents of adjacent
NEIGHBORHOODS . When designed properly , development in this district can be located
within NEIGHBORHOODS , or serve as a transitional area between properties zoned
Residential and properties zoned for more intense USES .
B . Uses Allowed by Right . No BUILDING , STRUCTURE or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or
maintained in the C- 1 Zone District except for one ( 1 ) or more of the USES listed in this
section . No OUTDOOR STORAGE is allowed in the C- 1 Zone District.
1 . One ( 1 ) NONCOMMERCIAL TOWER per LEGAL LOT up to forty (40) feet in height per
LEGAL LOT. (See Section 23-4- 895 . )
2 . PUBLIC PARKS .
3. PUBLIC SCHOOLS .
4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five ( 35 ) feet in height.
5 . UTILITY SERVICE FACILITIES .
Delete 6 . thru 16 . a .
C . Uses allowed subject to Site Plan Review . The following USES shall be allowed in the C- 1
Zone District following approval and recording of a Site Plan in accordance with Article II ,
Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall
be SCREENED from adjacent PUBLIC RIGHTS -OF-WAY and ADJACENT LOTS in any Zone
District other 1 -3.
1 . BREW PUBS .
2 . CAR WASHES and gas stations .
3 . CHILD CARE CENTERS ,
4 . CHURCHES .
5 . COMMERCIAL SCHOOLS .
6 . COMMUNITY BUILDINGS .
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7 . CONTRACTOR'S SHOPS .
8 . EVENT FACILITIES .
9 . Grain , seed , feed , and fertilizer retail and wholesale sales establishments .
10 . HOSPITALS , nursing homes , rehabilitation centers .
11 . NIGHTCLUBS , BARS , LOUNGES OR TAVERNS .
12 . OFFICES .
13 . Police , ambulance , and fire stations or facilities.
14 . RECREATIONAL FACILITIES , PUBLIC and PRIVATE .
15 . RESTAURANTS .
16 . RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three
thousand ( 3000) square feet per LEGAL LOT.
17 . SCHOOLS , private .
D . Accessory Uses . The following BUILDINGS , STRUCTURES and USES shall be allowed in
the c - 1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE and included on an approved and recorded Site Plan . Any USE conducted outside of an
ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS-OF-WAY and
ADJACENT LOTS in any Zone District other 1 -3 .
1 . Loading areas .
2 . Parking areas and parking STRUCTURES for USE by employees , customers and
company vehicles.
3 . One ( 1 ) SINGLE- FAMILY DWELLING UNIT when USED as living quarters for the
proprietor, employees , caretakers or security personnel responsible for operating ,
maintaining or guarding the property where such DWELLING UNIT is ENCLOSED within
the PRINCIPAL BUILDING .
4 . STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section
23- 3-210. B , not including CARGO CONTAINERS .
5 . WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter .
E . Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the C- 1 Zone District without prior approval of a land use permit from the
Department of Planning Services .
1 . One ( 1 ) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for
caretaker or security personnel responsible for maintaining or guarding the property ,
permitted under Division 3 of Article IV of this Chapter.
2 . One ( 1 ) NONCOMMERCIAL TOWER between forty (40 ) and seventy ( 70) feet in height
per LEGAL LOT permitted under Section 23-4-895 .
3 . OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
4 . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
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5 . TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70)
feet in height permitted under Division 10 of Article IV of this Chapter.
6 . TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter.
7 . WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
F . Uses by Special Review . The following BUILDINGS , STRUCTURES and USES may be
constructed , occupied , operated and maintained in the C- 1 Zone District upon approval of a
permit in accordance with the requirements and procedures set forth in Article II , Division 4 of
this Chapter.
1 . CEMETERIES .
2 . Golf courses .
3 . HOTELS/MOTELS .
4 . KENNELS .
5 . Open MINING and processing of minerals .
6 . PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter .
7 . RECREATIONAL FACILITIES , COMMERCIAL .
8 . RESIDENTIAL THERAPEUTIC CENTERS .
9 . TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height .
10 . USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District.
11 . Veterinary clinics or animal hospitals .
12 . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
G . REPEALED .
H . REPEALED .
Amend Sec . 23-3-220. C-2 (General Commercial ) Zone District.
A. Intent. The purpose of the C-2 Zone District is to designate areas for more intense , higher
traffic, or larger scale USES than the C- 1 district. C-2 District properties typically provide
goods and services to the residents of multiple NEIGHBORHOODS and in close proximity to
residential USES . Additionally , the C-2 District provides for the orderly development of those
USES necessary to meet the community' s social , cultural , medical , institutional , OFFICE , and
civic needs .
E . Uses Allowed by Right . No BUILDING , STRUCTURE or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or
maintained in the C -2 Zone District except for one ( 1 ) or more of the USES listed in this
section . No OUTDOOR STORAGE will be allowed in the C-2 Zone District.
1 . One ( 1 ) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. ( See
Section 23-4-895 . )
2 . PUBLIC PARKS .
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3 . PUBLIC SCHOOLS .
4 . TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height .
5 . UTILITY SERVICE FACILITIES .
C . Uses allowed subject to Site Plan Review. The following USES shall be allowed in the C-2
Zone District following approval and recording of a Site Plan in accordance with Article II ,
Division 3 , of this Chapter . No OUTDOOR STORAGE will be allowed in the C-2 Zone District .
Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent
PUBLIC RIGHTS-OF-WAY and ADJACENT LOTS in any Zone District other 1 -3.
1 . BREW PUBS .
2 . CAR WASHES and gas stations .
3 . CHILD CARE CENTERS .
4. CHURCHES .
5 . COMMERCIAL SCHOOLS .
6 . COMMUNITY BUILDINGS .
7 . CONTRACTOR'S SHOPS .
8 . EVENT FACILITIES .
9. Farm equipment sales : repair , and installation facilities .
10 . FUNERAL HOMES and mortuaries.
11 . Golf courses .
12 . Grain , seed , feed , and fertilizer retail and wholesale sales establishments.
13 . HOSPITALS , nursing homes , rehabilitation centers .
14 . HOTELS/MOTELS .
15 . LUMBERYARDS/WOODWORKING .
16 . NIGHTCLUBS , BARS , LOUNGES OR TAVERNS .
17 . OFFICES .
18 . Police , ambulance , and fire stations or facilities.
19 . RECREATIONAL FACILITIES , COMMERCIAL, PUBLIC and PRIVATE .
20 . REPAIR SERVICE ESTABLISHMENT .
21 . RESTAURANTS .
22 . 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 .
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D . Accessory Uses . The following BUILDINGS , STRUCTURES and USES shall be allowed in
the C-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE and included on an approved and recorded Site Plan . Any USE conducted outside of an
ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS-OF-WAY and
ADJACENT LOTS in any Zone District other I-3 .
1 . Loading areas.
2 . Parking areas and parking STRUCTURES for USE by employees , customers and
company vehicles .
3. One ( 1 ) SINGLE-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- 3-2 0 . E, not including CARGO CONTAINERS .
5 . WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter .
E . Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the C-2 Zone District without prior approval of a land use permit from the
Department of Planning Services .
1 . One ( 1 ) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for
caretaker or security personnel responsible for maintaining or guarding the property ,
permitted under Division 3 of Article IV of this Chapter.
2 . One ( 1 ) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height
per LEGAL LOT permitted under Section 23-4-695 .
3 . OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
4 . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
5 . TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70)
feet in height permitted under Division 10 of Article IV of this Chapter.
6 . TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter.
7 . WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
F . Uses by Special Review. The following BUILDINGS , STRUCTURES and USES may be
constructed , occupied , operated and maintained in the C -2 Zone District upon approval of a
permit in accordance with the requirements of Article II , Division 4 of this Chapter.
1 . CEMETERIES .
2 . KENNELS .
3 . Open MINING and processing of minerals.
4 . PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article I I of this Chapter.
5 . RESIDENTIAL THERAPEUTIC CENTERS .
6 . TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height .
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7 . USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District .
8 . Veterinary clinics or animal hospitals .
9 . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
G . REPEALED .
H . REPEALED.
Amend Sec. 23-3-230 . C -3 ( Regional Commercial ) Zone District.
A. Intent . The purpose of the C-3 Zone District is to designate areas of commerce for the benefit
of the broader region , such as large-scale regional shopping centers and entertainment
districts . C-3 District properties may require large amounts of space or generate high traffic
volumes . Properties zoned C-3 are typically located near high-traffic corridors .
B . Uses Allowed by Right . No BUILDING , STRUCTURE or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or
maintained in the C-3 Zone District except for one ( 1 ) or more of the USES listed in this
section .
1 . One ( 1 ) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See
Section 23-4-895 . )
2 . PUBLIC PARKS ,
3 . PUBLIC SCHOOLS.
4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height .
5 . UTILITY SERVICE FACILITIES .
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 0- 3
Zone District following approval and recording of a Site Plan in accordance with Article II ,
Division 3 , of this Chapter . Any USE conducted outside of an ENCLOSED BUILDING shall
be SCREENED from adjacent PUBLIC RIGHTS -OF-WAY and ADJACENT LOTS in any Zone
District other 1 -3 .
1 . AGRICULTURAL PRODUCTION .
2 . BREW PUBS , BREWERIES , DISTILLERIES , and WINERIES .
3 . CAR WASHES and gas stations .
4 . CHILD CARE CENTERS .
5 . CHURCHES ,
6 . COMMERCIAL SCHOOLS .
7 . COMMERCIAL STORAGE BUILDINGS .
8 . COMMUNITY BUILDINGS .
9 . CONTRACTOR' S SHOPS .
10 . CUSTOM MEAT PROCESSING .
11 . DISTRIBUTION CENTERS .
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12 . EVENT FACILITIES .
13 . Farm equipment sales , repair , and installation facilities .
14 . FUNERAL HOMES and mortuaries .
15 . Golf courses .
16 . Grain , seed , feed , and fertilizer retail and wholesale sales establishments .
17 . Headquarters or service facilities for taxi services , bus services and other services
involving the transportation of people .
18 . HOSPITALS , nursing homes , rehabilitation centers .
19 . HOTELS/MOTELS.
20 . INDOOR SHOOTING RANGES .
21 . LANDSCAPING COMPANIES .
22 . LUMBERYARD fwOODWOR IN .
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 . RETAILIBERVI E ESTABLISHMENTS .
32 . SCHOOLS , private .
33 . THEATERS and convention halls .
34 . VEHICLE RENTAL, SALES , SERVICE and/or REPAIR ESTABLISHMENTS .
35 . Veterinarian clinics and animal hospitals .
36 . WHOLESALE TRADE ESTABLISHMENTS .
D . Accessory Uses . The following BUILDINGS , STRUCTURES and USES shall be allowed in
the C -3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE and included on an approved and recorded Site Plan . Any USE conducted outside of an
ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS-OF-WAY and
ADJACENT LOTS in any Zone District other 1 -3 .
1 . Loading areas .
2 . One ( 1 ) SINGLE- FAMILY DWELLING UNIT when USED as living quarters for the
proprietor, employees , caretakers or security personnel responsible for operating ,
maintaining or guarding the property where such DWELLING UNIT is ENCLOSED within
the PRINCIPAL BUILDING .
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3 . STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-
230 . B , not including CARGO CONTAINERS .
4 . WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
E . Uses Allowed by Permit . No USE listed in this Subsection shall commence construction or
operation in the C-3 Zone District without prior approval of a land use permit from the
Department of Planning Services .
1 . One ( 1 ) MANUFACTURED HOME per LEGAL LOT , when USED as living quarters for
caretaker or security personnel responsible for maintaining or guarding the property ,
permitted under Division 3 of Article IV of this Chapter.
2 . One ( 1 ) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height
per LEGAL LOT permitted under Section 23-4-595 .
3 . OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
4 . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
5 . TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70)
feet in height permitted under Division 10 of Article IV of this Chapter.
6 . TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter.
7 . WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
F . Uses by Special Review . The following BUILDINGS , STRUCTURES and USES may be
constructed , occupied , operated and maintained in the C-3 Zone District upon approval of a
permit in accordance with the requirements of Article H , Division 4 of this Chapter .
1 . AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right.
2 . CEMETERIES .
3 . KENNELS .
4. Open MINING and processing of minerals .
5 . PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article li 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.
O . REPEALED .
H . REPEALED .
Amend Sec , 23 -3-240 . C-4 ( Highway Commercial ) Zone District.
A . No area of the COUNTY shall be rezoned to the C-4 Zone District after July 25 , 2019 .
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B . Uses Allowed by Right . No BUILDINGS , STRUCTURES or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or
maintained in the C-4 Zone District except for one ( 1 ) or more of the USES listed in this
section .
1 . One ( 1 ) NONCOMMERCIAL TOWER up to forty (40 ) feet in height per LEGAL LOT . ( See
Section 23-4-895 . )
2 . PUBLIC PARKS .
3 . PUBLIC SCHOOLS .
4 . TELECOMMUNICATION ANTENNA TOWERS up to thirty-five ( 35 ) feet in height.
5 . UTILITY SERVICE FACILITIES .
C . Uses allowed subject to Site Plan Review . The following USES shall be allowed in the 0-4
Zone District following approval and recording of a Site Plan in accordance with Article IL
Division 3 , of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall
be SCREENED from adjacent PUBLIC RIGHTS-OF-WAY and ADJACENT LOTS in any Zone
District other 1 -3 .
1 . BREW PUBS .
2 . CAR WASHES and gas stations.
3 . CHILD CARE CENTERS .
4 . COMMUNITY BUILDINGS .
5 . Golf courses .
6 . Grain , seed , feed , and fertilizer retail and wholesale sales establishments .
7 . HOSPITALS , nursing homes , rehabilitation centers .
8 . HOTELS/MOTELS ,
9 . Police , ambulance , and fire stations or facilities .
10 . RESTAURANTS .
11 . RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three
thousand <3 , 000) square feet per LEGAL LOT.
12 . SCHOOLS , private,
13 . VEHICLE RENTAL and SALES ESTABLISHMENTS .
D. Accessory Uses . The following BUILDINGS , STRUCTURES and USES shall be allowed in
the C-4 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE and included on an approved and recorded Site Plan , Any USE conducted outside of an
ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS-OF-WAY and
ADJACENT LOTS in any Zone District other 1 -3.
1 . Loading areas .
2 . Parking areas and parking STRUCTURES for USE by employees , customers and
company vehicles .
3 . OUTDOOR STORAGE , as long as it is SCREENED from PUBLIC RIGHTS-OF-WAY and
all ADJACENT properties .
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4 . REPAIR SERVICE ESTABLISHMENT.
5 . STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section
23-3-240. B , not including CARGO CONTAINERS .
6. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
E . Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the 0-4 Zone District without prior approval of a land use permit from the
Department of Planning ervi ces .
1 . OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter .
2 . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
3 . One ( 1 ) MANUFACTURED HOME per LEGAL LOT , when USED as living quarters for
caretakers or security personnel responsible for maintaining or guarding the property,
permitted under Division 3 of Article IV of this Chapter.
4. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter.
5 . WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
6 . TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70)
feet in height permitted under Division 10 of Article IV of this Chapter.
7 . One ( 1 ) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height
per LEGAL LOT permitted under Section 23-4-895 .
F . Uses by Special Review. The following BUILDINGS , STRUCTURES and USES may be
constructed , occupied , operated and maintained in the C-4 Zone District upon approval of a
permit in accordance with the requirements of Article II , Division 4 of this Chapter .
1 . CHURCHES .
2 . PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter.
3 . RESIDENTIAL THERAPEUTIC CENTERS .
4 . TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height .
5 . USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District.
6 . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
G . REPEALED .
H . REPEALED .
Amend Sec . 23-3 -250 . Bulk standards .
All BUILDINGS , STRUCTURES , USES , and land located in the Commercial Zone Districts
shall be located , designed , USED and occupied in accordance with the requirements enumerated
in this section .
A . Minimum SETBACK: twenty-five (25 ) feet.
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Delete Table 23 . 6 Minimum Standards for Accesses .
B. Minimum OFFSET : ten ( 10) feet.
C . No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet
of any TANK BATTERY, within one hundred fifty ( 150) feet of any oil and gas wellhead , or
within twenty-five (25) feet of any plugged or abandoned oil and gas well .
D. Maximum LOT COVERAGE : No more than eighty-five percent ( 85 % ) of the total area of a
LOT in any Commercial Zone District shall be covered .
Division 4 - Industrial Zone Districts
Amend Sec . 23-3-300. Intent.
The purpose of the Industrial Zone Districts is to implement the goals and policies of the
COMPREHENSIVE PLAN and provide areas for operation of land USES associated with
distribution and warehousing of commodities as well as production , fabrication , manufacturing ,
assembling , and processing of materials . The Industrial Zone Districts have been established to
promote economic development and job creation ; to protect industry from the encroachment of
residential and less intense COMMERCIAL USES ; to reduce the adverse impacts of industries
on surrounding , nonindustrial properties ; and to encourage industrial development in areas that
are compatible with heavy infrastructure and where necessary utilities are in place or reasonably
attainable .
Amend Sec. 23-3-310 . I-I ( 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 . 1 - 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 1 - 1 should provide economic development and employment, encourage a
balanced , diversified economy, and may serve as a transition between nonindustrial USES
and the more intense Industrial Zone Districts .
B . Uses Allowed by Right . No BUILDING , STRUCTURE or land shall be used and no BUILDING
or STRUCTURE shall hereafter be erected , structurally altered , enlarged or maintained in the
I - 1 Zone District except for one ( 1 ) or more of the USES listed in this section .
1 . Asphalt or concrete batch plants USED TEMPORARILY and exclusively for an on -site
construction project or the completion of a PUBLIC STREETIROAD 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 .
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7 . TEMPORARY borrow pits USED exclusively for the completion of a PUBLIC
STREET/ROAD improvement project.
8 . UTILITY SERVICE FACILITIES .
C . Uses allowed subject to Site Plan Review. The following USES shall be allowed in the I - 1
Zone District following approval and recording of a Site Plan in accordance with Article II ,
Division 3 , of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall
be SCREENED from adjacent PUBLIC RIGHTS -OF-WAY and ADJACENT LOTS in any Zone
District other 1 - 3.
1 . AGRICULTURAL PRODUCTION .
2 . Any indoor USE of a manufacturing , fabricating , assembling or warehouse nature .
3 . BREW PUBS , BREWERIES , DISTILLERIES , and WINERIES .
4 . CAR WASHES and gas stations ,
5. COMMERCIAL SCHOOLS .
6 . COMMERCIAL STORAGE BUILDINGS .
7 . CUSTOM MEAT PROCESSING .
8 . DISTRIBUTION CENTERS .
9 . Farm equipment sales , repair, and installation facilities .
10 . FUNERAL HOMES and mortuaries .
11 . Golf courses .
12 . Grain , seed , feed , and fertilizer retail and wholesale sales establishments .
13 . Headquarters or service facilities for taxi services , bus services and other services
involving the transportation of people .
14 . HELIPORTS .
15 . HOTELS/MOTELS .
16 . INDOOR SHOOTING RANGES .
17 . LANDSCAPING COMPANIES .
18 . LUMBERYARD /VVOODWOR IN ,
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 .
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28 . THEATERS and convention halls .
29 . VEHICLE RENTAL , SALES , SERVICE and/or REPAIR ESTABLISHMENTS .
30 . Veterinarian clinics and animal hospitals .
31 . WHOLESALE TRADE ESTABLISHMENTS .
D . Accessory Uses . The following BUILDINGS , STRUCTURES and USES shall be allowed in
the 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.
E . Uses Allowed by Permit . No USE listed in this Subsection shall commence construction or
operation in the 1- 1 Zone District without prior approval of a land use permit from the
Department of Planning Services .
1 . One ( 1 ) MANUFACTURED HOME per LEGAL LOT , when USED as living quarters for
caretaker or security personnel responsible for maintaining or guarding the property ,
permitted under Division 3 of Article IV of this Chapter.
2 . One ( 1 ) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height
per LEGAL LOT permitted under Section 23-4-895 .
3 . OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
4 . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article Il of this Chapter.
5 . TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy ( 70 )
feet in height permitted under Division 10 of Article IV of this Chapter.
6 . TEMPORARY seasonal uses permitted under Division 7 of Article IV of this Chapter.
7 . WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
F . Uses by Special Review. The following BUILDINGS , STRUCTURES and USES may be
constructed , occupied , operated and maintained in the I - 1 Zone District upon approval of a
permit in accordance with the requirements of Article II , Division 4 of this Chapter.
1 . AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right .
2 . CHURCHES .
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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 . Pi PELT NE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter.
9 . RESEARCH LABORATORIES .
10 . TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height .
11 . USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District ,
12 . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
G . REPEALED .
Amend Sec. 23 -3-320. I -2 (Medium Industrial ) Zone District.
A. Intent . The purpose of the I -2 Zone District is to designate areas for industrial USES with more
intense, higher traffic, or larger scale USES than the I - I Zone District.
B . Uses Allowed by Right . No BUILDING , STRUCTURE or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or
maintained in the 1 -2 Zone District except for one ( 1 ) or more of the USES in this section .
1 . Asphalt or concrete batch plant USED TEMPORARILY and exclusively for an on-site
construction project or the completion of a PUBLIC STREET/ROAD improvements project.
The six-month limitation for this TEMPORARY USE may be extended in six- month
increments at the discretion of the Director of Planning Services up to two (2 ) times , and
thereafter by the Board of County Commissioners .
2 . COUNTY grader sheds.
3 . One ( 1 ) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT . (See
Section 23-4-895 . )
4. PUBLIC PARKS .
5 . PUBLIC SCHOOLS ,
6 . TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height .
7 . TEMPORARY borrow pits USED exclusively for the completion of a PUBLIC
STREET/ROAD improvement project.
8 . UTILITY SERVICE FACILITIES .
C . Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2
Zone District following approval and recording of a Site Plan in accordance with Article II ,
Division 3 , of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall
be SCREENED from adjacent PUBLIC RIGHTS-OF-WAY and ADJACENT LOTS in any Zone
District other 1 - 3.
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1 . AGRICULTURAL PRODUCTION .
2 . Any USE of a research , repairing , manufacturing , fabricating , assembling , processing , or
storage nature .
3 . BIOSOLID and DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code .
4 . BREWERIES , DISTILLERIES , and WINERIES .
5 . CAR WASHES and gas stations .
6 . COMMERCIAL STORAGE BUILDINGS .
7 . CUSTOM MEAT PROCESSING .
8 . DISTRIBUTION CENTERS .
9 . Farm equipment sales, repair, and installation facilities .
10 . Grain , seed , feed , and fertilizer retail and wholesale sales establishments .
11 . Golf courses.
12 . Headquarters or service facilities for taxi services , bus services and other services
involving the transportation of people .
13 . HELIPORTS .
14 . INDOOR SHOOTING RANGES .
15 . LANDSCAPING COMPANIES .
16 . LUMBERYARDSIWOODWORKING .
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 .
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D . Accessory Uses . The following BUILDINGS , STRUCTURES and USES shall be allowed in
the I -2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE and included on an approved and recorded Site Plan . Any USE conducted outside of an
ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS-OF-WAY and
ADJACENT LOTS in any Zone District other 1-3 .
1 . AIRSTRIPS .
2 . CARGO CONTAINERS .
3 . Loading areas .
4 . RECREATIONAL FACILITIES , COMMERCIAL , PUBLIC and PRIVATE .
5. SEMI -TRAILERS as accessory storage .
6 . STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section
23-3 -320 . B .
7 . WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
E . Uses Allowed by Permit . No USE listed in this Subsection shall commence construction or
operation in the 1 -2 Zone District without prior approval of a land use permit from the
Department of Planning Services.
1 . One ( 1 ) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for
caretaker or security personnel responsible for maintaining or guarding the property ,
permitted under Division 3 of Article IV of this Chapter.
2 . One ( 1 ) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height
per LEGAL LOT permitted under Section 23-4-895 .
3 . OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
4 . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article I I of this Chapter.
5 . TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy ( 70)
feet in height permitted under Division 10 of Article IV of this Chapter.
6 . TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter.
7 . WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
F . Uses by Special Review. The following BUILDINGS , STRUCTURES and USES may be
constructed , occupied , operated and maintained in the 1 -2 Zone District upon approval of a
permit in accordance with the requirements of Article II , Division 4 of this Chapter.
1 . Asphalt or concrete batch plants .
2 . Coal gasification facility.
3. COMMERCIAL JUNKYARDS .
4 . COMMERCIAL SCHOOLS .
5 . COMMERCIAL TRUCK WASHOUT FACILITIES .
6 . CORRECTIONAL FACILITIES , subject to Article XV, Section 15-5 , of the Weld County
Charter.
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7 . MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with
Division 5 of Article II of this Chapter.
8 . MEAT PROCESSING .
9 . Open MINING and processing of minerals .
10 . PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter.
11 . RESEARCH LABORATORIES .
12 . Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation
in accordance with Sections 12-8- 10 and 23-4-380 of this Code .
13 . TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height .
14 . USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District .
15 . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
G . REPEALED .
Amend Sec. 23 -3-330. 1 -3 ( Heavy Industrial) Zone District.
A . Intent . The purpose of the 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 .
B . Uses Allowed by Right. No BUILDING , STRUCTURE or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or
maintained in the 1 -3 Zone District, except for one ( 1 ) or more of the USES listed in this section .
I . Asphalt or concrete batch plant USED TEMPORARILY and exclusively for an on-site
construction project or the completion of a PUBLIC STREET/ROAD improvements project .
The six-month limitation for this TEMPORARY USE may be extended in six-month
increments at the discretion of the Director of Planning Services up to two (2) times , and
thereafter by the Board of County Commissioners.
2 . COUNTY grader sheds .
3 . One ( 1 ) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See
Section 23-4-895 . )
4 . PUBLIC PARKS .
5 . PUBLIC SCHOOLS .
6 . TEMPORARY borrow pits USED exclusively for the completion of a PUBLIC
STREET/ROAD improvement project.
7 . TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height.
8 . UTILITY SERVICE FACILITIES .
C, Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-3
Zone District following approval and recording of a Site Plan in accordance with Article II ,
Division 3 , of this Chapter .
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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 SEPTA GE 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 .
1 1 . CUSTOM MEAT PROCESSING .
12 . DISTRIBUTION CENTERS .
13 . Farm equipment sales , repair , and installation facilities .
14 . Golf courses .
15 . Grain , seed , feed , and fertilizer retail and wholesale sales establishments .
16. Headquarters or service facilities for taxi services , bus services and other services
involving the transportation of people .
17 . HELIPORTS .
18 . INDOOR SHOOTING RANGES .
19 . LANDSCAPING COMPANIES .
20. LUMBERYARDS/WOODWORKING .
21 . MEAT PROCESSING .
22 . OFFICES .
23 . OIL AND GAS STORAGE FACILITIES .
24 . OIL AND GAS SUPPORT AND SERVICE .
25. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES .
26 . OUTDOOR STORAGE .
27 . OUTDOOR STORAGE of PUBLIC utility-related equipment .
28 . Parking areas and parking STRUCTURES
29 . PET CREMATORIES .
30. Police , ambulance , and fire stations or facilities .
31 . RACING FACILITIES .
32 . REPAIR SERVICE ESTABLISHMENT.
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33 . RESEARCH LABORATORIES .
34 . RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three
thousand (3 , 000) square feet per LEGAL LOT .
35 . SMALL SCALE SOLAR FACILITY .
36 . THEATERS and convention halls .
37 . TRANSLOADING .
38 . VEHICLE SERVICE/REPAIR ESTABLISHMENTS .
D . Accessory Uses . The following BUILDINGS , STRUCTURES and USES shall be allowed in
the 1 - 3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE and included on an approved and recorded Site Plan .
1 . CARGO CONTAINERS .
2 . Loading 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.
E . Uses Allowed by Permit . No USE listed in this Subsection shall commence construction or
operation in the 1 -3 Zone District without prior approval of a land use permit from the
Department of Planning Services .
1 . One ( 1 ) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for
caretaker or security personnel responsible for maintaining or guarding the property ,
permitted under Division 3 of Article IV of this Chapter.
2 . One ( 1 ) NONCOMMERCIAL TOWER between forty (40 ) and seventy ( 70 ) feet in height
per LEGAL LOT permitted under Section 23-4-895 .
3 . OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
4 . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter .
5 . TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70)
feet in height permitted under Division 10 of Article IV of this Chapter.
6 . TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter.
7 . WIND GENERATORS requiring a Zoning Permit under Division 6 of Article IV of this
Chapter.
F . Uses by Special Review. The following BUILDINGS , STRUCTURES and USES may be
constructed , occupied , operated and maintained in the 1-3 Zone District upon approval of a
permit in accordance with the requirements of Article II , Division 4 of this Chapter.
1 . Coal gasification facility .
2 . COMMERCIAL JUNKYARDS .
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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 .
E . PETROLEUM REFINERIES .
9 . PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter.
10 . Solid and hazardous waste disposal sites and facilities requiring certificate of Designation
in accordance with Sections 12-8- 10 and 23-4-380 of this Code .
11 . TELECOMMUNICATIONS ANTENNA TOWERS over seventy ( 70 ) feet in height .
12 . USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District .
13 . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
G . REPEALED .
Amend Sec. 23 -3-340. Bulk standards.
All BUILDINGS , STRUCTURES , USES , and land located in the Industrial Zone Districts shall
be located , designed , USED and occupied in accordance with the requirements enumerated in
this section ,
A. Minimum SETBACK : twenty-five (25 ) feet .
B . Minimum OFFSET: ten ( 10) feet or one ( 1 ) foot for every two (2) feet of BUILDING HEIGHT,
whichever is greater.
C . No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet
of any TANK BATTERY , within one hundred fifty ( 150) feet of any oil and gas wellhead , or
within twenty-five (25) feet of any plugged or abandoned oil and gas well .
D . Maximum LOT COVERAGE : No more than eighty-five percent ( 85 %) of the total area of a
LOT in any Industrial Zone District shall be covered .
Amend Sec . 23 -3-350. REPEALED.
Amend Sec . 23-3-360 . REPEALED.
Division 5 - E ( Estate) Zone District
Amend Sec. 23-3-400. Intent.
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The E ( Estate) Zone District is intended to provide present and future residents with areas in
which to locate and establish rural , large- lot residential land USES and land USES that are
compatible with very low-density residential areas. The E Zone District is intended to be located ,
designed and developed in a manner that is compatible with the applicable requirements of this
Code . This Zone District may serve as a transition between Agricultural areas and R- 1 Zone
Districts , but should be located such that driveways will be located on very low-traffic, local ,
PUBLIC or private STREETS/ROADS .
Sec . 23 -3-405. - Water and sewer requirements .
All USES requiring water in the Estate Zoning District shall be connected to and served by a
PUBLIC WATER system and an adequate sewage disposal system . The sewage disposal system
shall comply with the On-Site Wastewater Treatment System regulations contained in Chapter 30
of this Code or shall be served by PUBLIC SEWER service . Evidence that PUBLIC WATER and
an adequate sewage disposal system are available to the LOT shall be provided prior to the
issuance of a building permit.
Amend Sec . 23-3 -410. Uses allowed by right.
No BUILDING , STRUCTURE or land shall be USED , and no BUILDING or STRUCTURE shall
hereafter be erected , structurally altered , enlarged or maintained in the E Zone District except for
one ( 1 ) or more of the following USES .
A . GARDENING .
B . FISHING and noncommercial WATER SKIING .
D . One ( 1 ) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. ( See
Section 23-4-895 . )
D . PUBLIC parks .
E . PUBLIC SCHOOLS .
F . One ( 1 ) SINGLE-FAMILY DWELLING and AUXILIARY-QUARTERS, FOSTER CARE HOME ,
or GROUP HOME FACILITY per LEGAL LOT.
G . UTILITY SERVICE FACILITIES .
H . REPEALED .
I . REPEALED .
J . REPEALED .
K . REPEALED .
Sec. 23-3-415 . Uses allowed subject to Site Plan Review.
The following USES shall be allowed in the E Zone District following approval and recording
of a Site Plan in accordance with Article II , Division 3 , of this Chapter.
A . CHURCHES .
B . Golf courses .
C . Police , ambulance, and fire stations or facilities .
D . Private SCHOOLS .
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E . RECREATIONAL FACILITIES , PUBLIC and PRIVATE .
Amend Sec . 23-3-420 . Accessory uses .
The following BUILDINGS , STRUCTURES and USES shall be allowed in the E (Estate) Zone
District so long as they are clearly incidental and accessory to an allowed USE . Note: The
combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original
effective date of this Chapter (August 25 , 1981 ) on LOTS of less than ten ( 10 ) acres in
SUBDIVISIONS and HISTORIC TOWN SITES ITES 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 ref lective materials.
A . ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of
ANIMAL UNITS permitted in Section 23- 3-440 below is not exceeded and traffic to and from
the facility does not exceed sixty (60) daily trips .
B . FARII N .
C . Parking areas and parking STRUCTURES , not including parking of COMMERCIAL
VEHICLES .
D. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 3-3-410 ,
not including CARGO CONTAINERS .
E . Swimming pools , tennis courts and similar ACCESSORY USES and STRUCTURES .
F . WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter.
C . REPEALED .
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 . AUXILIARY QUARTERS , which shall require approval of a certificate of compliance by the
Department of Planning Services to ensure the USE complies with the definition in Section
23- 1 -90 of this Code .
ATB. HOME CJF29JOCCUPATIONS permitted under Division 13 of Article IV of this Chapter.
C One ( 1 ) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height
per LEGAL LOT permitted under Section 23-4-895 .
C . D . OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
LYE . Parking of one ( 1 ) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12
of Article IV of this Chapter.
& F . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
Ea _ WIND GENERATORS requiring a Zoning Permit under Division 6 of Article IV of this
Chapter.
Amend Sec. 23 -3-430. Uses by special review.
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The following BUILDINGS , STRUCTURES and USES may be constructed , occupied ,
operated and maintained in the E Zone District upon approval of a permit in accordance with the
requirements and procedures set forth in Article II , Division 4 of this Chapter.
A. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the
total LOT area , as detailed in Section 23-3-420 above .
B . BED AND BREAKFAST FACILITIES .
C . CHILD CARE CENTERS .
D . HOME BUSINESSES .
E . PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter.
F . RESIDENTIAL THERAPEUTIC CENTERS .
C . USES similar to the USES listed as permitted as long as the USE complies with the general
intent of the Zone District.
H . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of
Article IV of this Chapter.
I . REPEALED .
J . REPEALED .
K . REPEALED .
L . REPEALED .
M . REPEALED .
Amend Sec . 23-3-440. Bulk requirements.
The following subsections list the bulk requirements for the E Zone District. All BUILDINGS ,
STRUCTURES , USES , and land in the E district are subject to the requirements contained in this
Section .
A . thru D . — No change .
E . Minimum OFFSET for DWELLING UNITS when ADJACENT to the A (Agricultural ) Zone
District: forty (40) feet .
F . REPEALED .
G . - No change .
H . Maximum number of ANIMAL UNITS : one ( 1 ) per acre , not to exceed eight (8) ANIMAL UNITS
per LOT. The maximum number of HOUSEHOLD PETS per LOT shall be four (4 )
HOUSEHOLD PETS of one ( 1 ) species or a total of seven ( 7) HOUSEHOLD PETS of two (2)
or more species .
I . Minimum GROSS FLOOR AREA of SINGLE-FAMILY DWELLING : one thousand two hundred
( 1 , 200) square feet.
J . REPEALED . (See Section 23-3-420 . )
K. REPEALED . (See Section 23-3-420. )
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L . No occupied BUILDING or STRUCTURE shall be constructed within two-hundred (200 ) feet
of any tank battery, within one hundred -fifty ( 150) feet of any oil and gas wellhead or within
twenty-five (25) feet of any plugged or abandoned oil and gas well . M . Sources of light shall
be shielded so that beams or rays of light will not shine directly onto ADJACENT properties
or PUBLIC or private STREETS/ROADS . Neither the direct nor reflected light from any light
source may create a traffic hazard to operators of motor vehicles on PUBLIC or private
STREETS/ROADS . No colored lights may be used which may be confused with or construed
as traffic control devices .
Division 6 - PUD ( Planned Unit Development) District
Amend Sec. 23 -3-500. REPEALED .
Amend Sec . 23-3-510 . REPEALED.
Amend Sec. 23-3 -520 . REPEALED.
Amend Sec. 23 -3-530. REPEALED .
Amend Sec . 23 -3-540 . REPEALED .
Amend Sec . 23-3 -550 . REPEALED.
Sec. 23 -3-56O. - PU Ds subject to Chapter 27 of this Code .
All land in the PUD (Planned Unit Development) Zone District shall be subject to the
regulations in Chapter 27 - Planned Unit Development of this Code .
ARTICLE IV - Supplementary District Regulations and Zoning Permits
Division 1 - Off-Street Parking and Loading Requirements
Amend Sec. 23 -4-20 . Location of off-street parking areas.
A . If the land USE with respect to which the off-street parking requirements exist is confined to a
single LOT, the off-street parking spaces shall be within that LOT or on a different LOT,
properly zoned , not more than five hundred ( 500) feet distant, measured along a PUBLIC
STREET/ROAD or ALLEY which connects the two (2) LOTS . If the land USE is located on
two (2 ) or more commonly owned and adjoining LOTS , the off-street parking spaces may be
located on any one ( 1 ) or more of those LOTS or on a properly zoned LOT separated from
them by not more than five hundred (500) feet, measured in the same way .
B. Off-street parking areas may be permitted within the required SETBACK or OFFSET areas.
C . Parking areas shall not be permitted in any RIGHTS-OF-WAY .
Amend Sec . 23-4-30. Design and construction of off-street parking spaces .
A . and B . — No change .
C. Off-street parking spaces including access drives shall be surfaced with gravel , asphalt ,
concrete or equivalent and shall be graded to prevent drainage problems . PARKING LOT
surfaces shall be consistent with the surrounding DEVELOPMENT , but any USE requiring
approval of a Site Plan Review shall have paved PARKING LOTS .
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D. — No change .
E . Lighting provided for off-street parking spaces shall be arranged so as to minimize illumination
onto adjoining residential USES and so as to prevent glare directed at vehicles on
STREETS/ROADS and ALLEYS .
F . REPEALED . (See Subsection C above . )
G . PARKING LOTS shall conform to all standards of the Americans with Disabilities Act.
H . PARKING 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.
Amend Sec. 23 -4-50. Off-street loading required .
A. Off-street loading spaces shall be required for LOTS in the I and C Zone Districts . Off-street
loading spaces shall be located and SCREENED from PUBLIC RIGHTS-OF-WAY and
ADJACENT properties zoned R- 1 , R-2 , R-3 , R-4 or R-5 . One ( 1 ) off-street loading space shall
be required if the COMMERCIAL or industrial USE is located in a BUILDING containing
between ten thousand ( 10 , 000 ) square feet and twenty thousand (20000) 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 .
D . Off-street loading spaces shall be surfaced with either gravel , asphalt or concrete and shall
be graded so as to prevent drainage problems. Each space should be equipped with wheel
guards when necessary to prevent vehicles from extending beyond the boundary of this space
and from coming into contact with other vehicles , walls , fences or plantings . Off-street loading
area surfaces shall be consistent with the surrounding development , but any USE requiring
approval of a Site Plan Review shall have a paved off-street loading area .
D . Lighting provided for off-street loading spaces shall be arranged so as to minimize illumination
onto ADJACENT residential property and so as to prevent glare directed at vehicles on
STREETS/ROADS and ALLEYS .
E . Off-street loading spaces shall be located in such a way that, when the space is being used
to load or unload a vehicle, no part of the vehicle will occupy an ADJACENT STREET/ROAD
or sidewalk .
Division 2 - Signs
Amend Sec . 23 -4-60 . Purposes and applicability.
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A. The purposes of this Division are the following : to encourage the effective use of SIGNS as a
means of communication in unincorporated Weld County; to maintain and enhance the visual
corridors and the County's ability to attract sources of economic development and growth ; to
improve pedestrian and traffic safety; to minimize the possible adverse effect of SIGNS on
nearby public and private property ; and to enable the fair and consistent enforcement of these
SIGN restrictions . More specifically , the regulations set forth in this Division are intended to :
1 . Establish a system to allow a variety of types of SIGNS in commercial and industrial zones
and a limited variety of SIGNS in other zones , subject to the standards and the permit
procedures of this Division .
2 . Allow certain SIGNS that are small , unobtrusive , and incidental to the principal use of the
respective lots on which they are located , subject to the substantive requirements of this
Division , but without a requirement for zoning approval .
3 . Prohibit all SIGNS not expressly permitted by this Division .
4 . Provide for the enforcement of the provisions of this Division .
B . No SIGN shall be erected , placed , established , painted , created or maintained in
unincorporated Weld County unless it is in conformance with the standards , procedures ,
exemptions and other requirements of this Division .
Amend Sec . 23-4-70. General provisions.
SIGNS shall be permitted in the various zoning districts according to the regulations contained
in this Division and in accordance with the requirements set forth in Appendices 23- C , 23- D and
23-E .
A. No SIGN shall be structurally erected , enlarged , constructed , reconstructed , relocated ,
refaced or otherwise altered without first obtaining all required building permits from the
Department of Building Inspection and , if required , zoning approval from the Department of
Planning Services and the Colorado Department of Transportation .
B . No SIGN shall be erected at or near the intersection of any STREET/ROAD or driveway in
such a manner as to obstruct free and clear vision of motorists , or at any location where , by
reason of the position , shape or color, it may interfere with , obstruct the view of or be confused
with , any authorized traffic SIGN , signal or device . SIGNS located at an intersection must be
outside of the sight distance triangle . SIGNS which could potentially affect vehicle traffic shall
be reviewed by the Department of Public Works and the Colorado Department of
Transportation , if applicable .
D . No SIGN other than traffic control SIGNS , except as expressly allowed by Colorado Revised
Statutes and/or permitted by the Colorado Department of Transportation , shall be erected ,
constructed or maintained within , over or upon the right-of-way of any county, state or federal
road or highway within the COUNTY .
D . All SIGNS , except BILLBOARDS and OFF-SITE DIRECTIONAL SIGNS , shall contain
information related to the USES being conducted on the ZONE LOT.
E . All SIGNS erected in a PUBLIC RIGHT-OF-WAY by a governmental agency controlling or
directing traffic shall be exempt from the provisions of this Division .
F . All SIGNS and components , including supports , braces and anchors , shall be of sound
structural quality and shall be kept in a state of good repair with a clean and neat appearance .
Any DERELICT SIGN shall be returned to , and maintained in , the condition as originally
established on the site , or it shall be removed from the site .
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Amend Sec . 23 4- 5. Definitions.
For the purposes of this Division 2 , certain words and phrases used herein shall be
interpreted as defined in Section 23 - 1 -90 .
Amend Sec. 23 -4-80. Sign construction standards.
A. All letters , figures , characters or representations maintained in conjunction with , attached to
or superimposed upon any SIGN shall be safely and securely built or attached to the SIGN
structure .
B . Any operable or removable parts of a SIGN , such as a service opening cover or changeable
mechanically affixed lettering , logo, insignia or message , shall be securely fastened or be
provided with safety chains or hinges .
C . — No change .
D . All permanent SIGNS and SIGN structures shall be designed and constructed to comply with
the Building Code set forth in Chapter 29 of this Code . All electrically illuminated SIGNS shall
be designed and constructed to conform with the Electrical Code set forth in Chapter 29 of
this Code . All SIGNS and SIGN structures shall also be designed and constructed to comply
with the design requirements set forth in this Code .
Amend Sec . 23-4-90. Design plans for signs requiring zoning approval .
The owner, or applicant as agent for the owner, shall prepare a set of SIGN plans for all
exterior SIGNS in any DEVELOPMENT . Such plans shall be included as part of any Site Plan
Review, Use by Special Review Permit , Planned Unit Development and Major or Minor
Subdivision . The SIGN type , size , height , colors , materials , styles of lettering , appearance of any
logo , type of illumination and location shall be set out in such plans . The plans shall be such that
SIGNS constructed or maintained under the plans will comply with the SIGN regulations of the
COUNTY and shall be for the purpose of assuring harmony and visual quality throughout a
project . Final development plans shall not be approved until the SIGN plans have been approved
by the Board of County Commissioners or planning staff. All SIGNS shall be designed and
constructed of materials which harmonize with the architecture of the site on which the SIGN is
located . Generally, the use of SIGN materials the same as , or similar to , the main building
materials used on site shall be found to provide the required level of design harmony.
Amend Sec. 23 -4-100. Nonconforming signs .
Each legally established SIGN in existence on April 10, 2006 , the effective date of the repeal
and reenactment of this Division , may continue in existence subject to the following :
A . A SIGN shall not be altered structurally or moved unless it is made to comply with the
provisions of these regulations . The changing of the movable parts of an existing SIGN that
is designed for such changes, or the repainting or reposting of display matter shall not be
deemed a structural alteration .
B . The lawful USE of a SIGN existing on April 10 , 2006 , the effective date of the repeal and
reenactment of this Division , although such SIGN does not conform to the provisions hereof,
may continue ; however , if such NONCONFORMING USE is discontinued for a period of six
(6) months or more , such SIGN shall not be used until it has been made to conform with the
provisions of this Division .
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C . Any SIGN which has been damaged by fire , wind , explosion or act of God , to the extent that
fifty percent (50 % ) or more of the construction value or replacement cost of the SIGN before
it was damaged , shall be deemed to have been totally destroyed and the SIGN shall not be
restored except in conformity with this Division . Any SIGN which has been damaged to an
extent less than fifty percent (50 % ) of the construction value or replacement cost of the SIGN
before it was damaged may be restored to the condition in which it existed previously as a
NONCONFORMING USE prior to its damage .
Amend Sec. 23-4- 110 . Computations of sign area and height.
A . Computations of area of WALL SIGNS and single-faced SIGNS . The area of a SIGN face
shall be computed by means of the smallest square , circle , rectangle , triangle or combination
thereof, that will encompass the extreme limits of the writing , representation , emblem or other
display , together with any material or color forming an integral part of the background of the
display or used to differentiate the SIGN from the backdrop or structure against which it is
placed , but not including any supporting framework , bracing or decorative fence or wall when
such fence or wall otherwise meets Weld County Code regulations and is clearly incidental to
the display itself.
E . Computation of area of multi -faced SIGNS . The SIGN area for a SIGN with more than one ( 1 )
face shall be computed by adding together the area of all SIGN faces visible from any one ( 1 )
point . When two (2) identical SIGN faces are placed back to back, so that both faces cannot
be viewed from any point at the same time , and when such SIGN faces are part of the same
SIGN structure and are not more than twenty-four (24) inches apart, the SIGN area shall be
computed by the measurement of one ( 1 ) of the faces .
C . Computation of height. SIGN height shall be computed as the vertical distance from mean
natural grade at foundation to the highest point of the SIGN structure . Natural grade shall be
construed to be the lower of ( 1 ) existing grade prior to construction , or (2 ) the newly
established grade after construction , exclusive of any filling , berming , mounding or excavating
solely for the purpose of locating the SIGN .
Amend Sec. 23 -4- 120 . Requirements for setback, offset and clearance .
A . The OFFSETS for all temporary and FREESTANDING SIGNS from ADJACENT properties
shall be ten ( 10) feet.
B . The OFFSET for FLAGS shall be ten ( 10 ) feet , or the height of the pole , whichever is greater.
C . The SETBACK for BILLBOARDS and OFF-SITE DIRECTIONAL SIGNS in the Commercial
and Industrial Zone Districts shall be twenty-five (25) feet from the current or future
STREET/ROAD RIGHT-OF-WAY, whichever is greater. The SETBACK for all other
FREESTANDING SIGNS in the Commercial and Industrial Zone Districts shall be fifteen ( 15)
feet from the current or future STREETROAD RIGHT-OF-WAY, whichever is greater.
D . The SETBACK for OFF-SITE DIRECTIONAL SIGNS in the Agricultural Zone District shall be
twenty-five (25) feet from the current or future STREET/ROAD RIGHT-OF-WAY , whichever
is greater. The SETBACK for all other FREESTANDING SIGNS in the Agricultural Zone
District shall be three ( 3) feet, or one ( 1 ) foot for every three ( 3) feet of SIGN height, whichever
is greater.
E . The SETBACK for all FREESTANDING SIGNS in Estate and Residential Zone Districts shall
be twenty (20) feet .
F . and G . — No change .
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Division 3 - Manufactured homes, manufactured structures, and occupied recreational
vehicles .
Amend Sec . 23-4-130 . Permit requirements .
Where a MANUFACTURED HOME , MANUFACTURED STRUCTURE , or occupied
RECREATIONAL VEHICLE is permitted in Article 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 shall include the following :
A. thru E . — No change .
F . A sketch plan of the site at the scale of one ( 1 ) inch represents fifty (50) feet or other suitable
scale to show :
1 . The proposed location of the MANUFACTURED HOME , MANUFACTURED
STRUCTURE , or occupied RECREATIONAL VEHICLE , including distances from the
property LOT lines and other STRUCTURES on the property .
2 . Access to the MANUFACTURED HOME , MANUFACTURED STRUCTURE , or occupied
RECREATIONAL VEHICLE indicating whether the access is existing or proposed .
3 . - No change.
4 . An access is or can be made available that provides for safe ingress and egress to a
PUBLIC STREET/ROAD . All accesses shall be in accordance with the access
requirements set forth in this Code .
5 . Identification of any COUNTY , state or federal STREETS/ROADS or highways .
6 . - No change .
G . Methods of disposal of sewage or other wastes in compliance with the requirements of the
Colorado Department of Public Health and Environment and the County Department of Public
Health and Environments except for applications for TEMPORARY storage of a
MANUFACTURED HOME under Section 23-4- 160 below .
H . Methods of supplying water in such a manner as to be adequate in quality , quantity and
dependability for the proposed USE , except for applications for TEMPORARY storage of a
MANUFACTURED HOME under Section 23-4- 160 below .
I . An application fee . Each request for a renewal or extension of a TEMPORARY permit shall
also be accompanied by the appropriate application fee . An additional fifty (50) percent of the
application fee shall be added to the cost of the application fee if the USE is started prior to
issuance of a permit . The payment of the investigation fee shall not relieve any persons from
fully complying with the requirements of this Chapter, nor from any other penalties .
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J . The requirements of this Division 3 require the applicant to provide a certified list of the names ,
addresses and the corresponding Parcel Identification Number assigned by the County
Assessor of the owners of property (the surface estate) within five hundred (500) feet of the
property lines of the parcel where the MANUFACTURED HOME shall be placed . The source
of such list shall be the records of the County Assessor, or an ownership update from a title
or abstract company or attorney, derived from such records or from the records of the County
Clerk and Recorder . If the list was assembled from the records of the County Assessor, the
applicant shall certify that such list was assembled within thirty (30) days of the application
submission date .
K. REPEALED .
L . Completed Building Permit application .
M . Each request for a TEMPORARY permit shall include a statement by the applicant
acknowledging that the TEMPORARY permit shall cease to exist at any such time as the
MANUFACTURED HOME , MANUFACTURED STRUCTURE , or occupied RECREATIONAL
VEHICLE 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 MANUFACTURED HOME . Such
application shall include detailed plans for removal of the MANUFACTURED HOME or
MANUFACTURED STRUCTURE upon expiration of the TEMPORARY permit .
Amend Sec . 23 -4- 140. REPEALED.
Amend Sec . 23-4-150 . Temporary use during construction of residence.
A zoning permit for the USE of a MANUFACTURED HOME or RECREATIONAL VEHICLE
occupied as a TEMPORARY DWELLING UNIT during the construction of a permanent
DWELLING UNIT on the same LOT in the A (Agricultural) Zone District may be issued by the
Department of Planning Services subject to the following provisions :
A. The applicant shall have a valid building permit for the construction of a permanent
DWELLING UNIT on the same LOT.
D . Construction of the permanent DWELLING UNIT shall commence within ninety (90) days of
issuance of the zoning permit for the MANUFACTURED HOME or RECREATIONAL
VEHICLE and shall be diligently pursued .
C . The applicant shall demonstrate that adequate water and sewage disposal facilities are
available .
D . The TEMPORARY permit for occupancy of the MANUFACTURED HOME or
RECREATIONAL VEHICLE shall be issued for a period of six (6) months . The permit may be
renewed by the Department of Planning Services for two (2) additional six-month periods upon
a determination by staff that construction of the permanent DWELLING UNIT is being pursued
with diligence .
E . The Department of Planning Services shall make its determination on the issuance of a zoning
permit for a MANUFACTURED HOME or occupied RECREATIONAL VEHICLE as a
TEMPORARY USE during construction of a DWELLING UNIT on the basis of a signed
statement by the applicant that the conditions of Subsections A through D above are met,
upon information contained in the permit application , and upon such independent evidence
as may be available or which the staff may reasonably require.
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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 MANUFACTURED HOME or occupied RECREATIONAL
VEHICLE has been requested for the property, the meeting date and a telephone number
where further information may be obtained , The sign shall be posted at least ten 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 MANUFACTURED HOME or occupied
RECREATIONAL VEHICLE with the surrounding area , harmony with the character of the
NEIGHBORHOOD , its effects upon the immediate area and the general health , safety and
welfare of the inhabitants of the area and the COUNTY.
O . MANUFACTURED HOMES permitted as a TEMPORARY U S E during construction of a
permanent DWELLING shall be removed within thirty (30) days after the permanent
DWELLING has been occupied .
H . A MANUFACTURED HOME permitted as a TEMPORARY USE during construction of a
permanent DWELLING shall not have a permanent foundation .
Amend Sec . 23-4-160 . Temporary storage of unoccupied manufactured home.
A zoning permit for the TEMPORARY storage of one ( 1 ) unoccupied MANUFACTURED
HOME , not including the storage of goods inside the UNIT, on a LOT in the A (Agricultural ) Zone
District may be issued by the Department of Planning Services subject to the following provisions :
A . The applicant shall obtain a building permit and shall comply with all applicable installation
standards of Chapter 29 of this Code ; provided , however, that no utility hookups to the
MANUFACTURED HOME of any type , including septic systems , shall be allowed .
B . The MANUFACTURED HOME may not be used on any basis as a DWELLING or as overnight
or TEMPORARY housing for any person .
C . The applicant shall demonstrate that no reasonable alternative exists to the TEMPORARY
storage of the MANUFACTURED HOME on the land involved .
D . Only one ( 1 ) zoning permit for TEMPORARY storage of a MANUFACTURED HOME may be
issued per LEGAL LOT at any one ( 1 ) time .
E . The Department of Planning Services shall make its determination on the issuance of a zoning
permit for the TEMPORARY storage of a MANUFACTURED HOME on the basis of a signed
statement by the applicant that the conditions of Subsections A through D above are met,
upon information contained in the permit application , and upon such independent evidence
as may be available or which the staff may reasonably require.
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F. A zoning permit for TEMPORARY storage of a MANUFACTURED HOME shall be fora period
of six (6) months , and is renewable for additional six-month periods only by grant of the Board
of County Commissioners .
C . The Board of County Commissioners shall hear the application for renewal of a zoning permit
for TEMPORARY storage of a MANUFACTURED HOME at a regularly scheduled meeting of
the Board . The Board of County Commissioners shall give notice of the application for a
zoning permit and the meeting date to those persons listed in the application as owners of
property located within five hundred (500) feet of the parcel under consideration . Such
notification shall be mailed , first-class , not less than ten < 10) days before the scheduled
meeting . Such notice is not required by state statute and is provided as a courtesy to
surrounding property owners (the surface estate) . Inadvertent errors by the applicant in
supplying such list or the Department of Planning Services in sending such notice shall not
create a jurisdictional defect in the permit process, even if such error results in the failure of a
surrounding property owner to receive such notification . The Department of Planning Services
shall post a sign for the applicant on the property in question indicating that a
MANUFACTURED HOME has been requested for the property, the meeting date and a
telephone number where further information may be obtained . The sign shall be posted at
least ten ( 10) days prior to the meeting date and evidenced with a photograph . The Board of
County Commissioners shall consider any testimony of surrounding property owners
concerning the effects of the MANUFACTURED HOME on surrounding property . The Board
of County Commissioners shall also consider whether the application has demonstrated
compliance with the requirements of Subsections A through D above , as well as compatibility
of the MANUFACTURED HOME with the surrounding area , harmony with the character of the
NEIGHBORHOOD, its effects upon the immediate area and the general health , safety and
welfare of the inhabitants of the area and the COUNTY.
H . A MANUFACTURED HOME permitted to be stored TEMPORARILY shall not have a
permanent foundation .
Amend Sec. 23 -4-x165 . REPEALED .
Amend Sec . 23-4-170 . Annual accessory farming use.
A. A zoning permit for the annual USE of one ( 1 ) MANUFACTURED HOME for an ACCESSORY
FARMING USE , on a LOT in the A (Agricultural ) Zone District, in addition to a principle
DWELLING UNIT, may be issued by the Department of Planning Services upon determination
that:
1 . The MANUFACTURED HOME will be occupied by persons PRINCIPALLY EMPLOYED
at or PRINCIPALLY ENGAGED in the operation of the USE where the MANUFACTURED
HOME is located . ACCESSORY FARMING USE of the MANUFACTURED HOME shall
be established and revalidated on an annual basis as follows : Evidence shall be submitted
by the applicant or property owner on the anniversary of the permit's issuance for review
and acceptance by the Department of Planning Services verifying that the
MANUFACTURED HOME occupant is PRINCIPALLY EMPLOYED at or engaged in the
FARMING operation on the subject property or is a caretaker or security personnel for the
subject property . The evidence shall consist of tax records (W-2 forms) , employment
agreements or other documentation as determined suitable by the Department of Planning
Services . Failure to submit the required documentation may result in cessation of the
allowance of the MANUFACTURED HOME for annual ACCESSORY FARMING USE .
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2 . The MANUFACTURED HOME is necessary for the effective and economic operation of
the USE and/or protection of the agricultural USE .
3 . The MANUFACTURED HOME will not be used as an income source by the applicant for
rental to persons who are not PRINCIPALLY EMPLOYED upon the LOT .
4. Adequate water and sewage disposal facilities are available to the MANUFACTURED
HOME .
5 . REPEALED.
6 . The applicant shall obtain a BUILDING permit for the MANUFACTURED HOME and
comply with all installation standards of Chapter 29 of this Code .
B . — No change .
C . A zoning permit for more than one ( 1 ) MANUFACTURED HOME in the A (Agricultural) Zone
District as an ACCESSORY farm USE may be issued by the Department of Planning Services
upon a determination that the criteria of Paragraphs A. 1 through A . 6 above and Section
23 -4-230 below are met . If the applicant is not able to meet the criteria stated in Section
23 -4-230 below , the zoning permit may be issued only upon approval by the Board of County
Commissioners . The Board of County Commissioners shall review the application for
compliance with the criteria set out in Paragraphs A. 1 through A. 6 above at a regularly
scheduled meeting of the Board . The Board of County Commissioners shall give notice of the
application for a zoning permit and the meeting date to those persons listed in the application
as owners of property located within five hundred (500 ) feet of the parcel under consideration .
Such notification shall be mailed , first-class , not less than ten ( 10) days before the scheduled
meeting . Such notice is not required by state statute and is provided as a courtesy to
surrounding property owners (the surface estate) . Inadvertent errors by the applicant in
supplying such list or the Department of Planning Services in sending such notice shall not
create a jurisdictional defect in the permit process , even if such error results in the failure of a
surrounding property owner to receive such notification . The Department of Planning Services
shall post a sign for the applicant on the property in question indicating that a
MANUFACTURED HOME has been requested for the property , the meeting date and
telephone number where further information may be obtained . The sign shall be posted at
least ten ( 10) days prior to the meeting date and evidenced with a photograph . The Board of
County Commissioners shall consider any testimony of surrounding property owners
concerning the effects of the MANUFACTURED HOME on the surrounding properties. In
addition , the Board shall consider compatibility of the MANUFACTURED HOME with the
surrounding area , harmony with the character of the NEIGHBORHOOD , its effects upon the
immediate area , and the general health , safety and welfare of the inhabitants of the area and
the COUNTY .
D . All MANUFACTURED HOMES as ACCESSORY FARMING USES are temporary . Allowance
of the MANUFACTURED HOME shall be extended only if the USE continues to be in
conformance with the criteria set out in Paragraph A . 1 above . The MANUFACTURED HOME
shall be removed from the property upon the cessation of the USE of the MANUFACTURED
HOME as an ACCESSORY FARMING USE or at any such time as the MANUFACTURED
HOME is used for other than the allowed USE .
E . A MANUFACTURED HOME permitted for ACCESSORY FARMING USE shall not have a
permanent foundation .
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1
Amend Sec . 23-4-190 . Temporary accessory use as office .
A . A zoning permit for the USE of one ( 1J MANUFACTURED STRUCTURE in the A <Agricultural )
Zone District as an OFFICE USEACCESSORY 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 .
5 . The applicant shall obtain a BUILDING permit for the MANUFACTURED STRUCTURE
and comply with all installation standards of Chapter 29 of this Code .
A zoning permit shall not be required for a MANUFACTURED STRUCTURE in the A
(Agricultural) Zone District if such information is already reflected in an approved Special Use
Permit, as determined by the Planner.
B . — No change .
C . A zoning permit for a MANUFACTURED STRUCTURE used as an accessory OFFICE unit in
the A (Agricultural ) Zone District may be issued by the Department of Planning Services upon
a determination that the criteria of Paragraphs A . 1 through A. 5 above and Section 23 -4-230
below are met . If the applicant is not able to meet the criteria stated in Paragraphs A. 1 through
A. 5 above , the zoning permit may be issued only upon the approval by the Board of County
Commissioners . The Board shall review the application for compliance with the criteria set out
in Paragraphs A. 1 through A. 5 above at a regularly scheduled meeting of the Board . The
Board of County Commissioners shall give notice of the application for a zoning permit and
the meeting date to those persons listed in the application as owners of property located within
five hundred (500) feet of the parcel under consideration . Such notification shall be mailed ,
first-class , not less than ten ( 10) days before the scheduled meeting . Such notice is not
required by state statute and is provided as a courtesy to surrounding property owners (the
surface estate) . Inadvertent errors by the applicant in supplying such list or the Department of
Planning Services in sending such notice shall not create a jurisdictional defect in the permit
process , even if such error results in the failure of a surrounding property owner to receive
such notification . The Department of Planning Services shall post a sign for the applicant on
the property in question indicating that a MANUFACTURED STRUCTURE has been
requested for the property , the meeting date and telephone number where further information
may be obtained . The sign shall be posted at least ten ( 10) days prior to the meeting date and
evidenced with a photograph . The Board of County Commissioners shall consider any
testimony of surrounding property owners concerning the effects of the MANUFACTURED
STRUCTURE on the surrounding properties . In addition , the Board shall consider
compatibility of the MANUFACTURED STRUCTURE with the surrounding area , harmony with
the character of the NEIGHBORHOOD , its effects upon the immediate area , and the general
health , safety and welfare of the inhabitants of the area and the COUNTY .
D. All MANUFACTURED STRUCTURES used as ACCESSORY OFFICE USES to the principal
USE in the A (Agricultural ) Zone District are TEMPORARY. The MANUFACTURED
STRUCTURE shall be removed from the property upon the cessation of the USE of the
MANUFACTURED STRUCTURE as an ACCESSORY OFFICE USE to the business ,
COMMERCIAL or industrial activity . The six- month limitation for this TEMPORARY USE may
be extended in six- month increments at the discretion of the Director of Planning Services up
to two (2) times , and thereafter by the Board of County Commissioners ,
E . A MANUFACTURED STRUCTURE permitted as a TEMPORARY OFFICE shall not have a
permanent foundation .
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Amend Sec . 23 -4- 180 . Annual accessory use during medical hardship .
A . A zoning permit for the annual USE of a MANUFACTURED HOME during a medical hardship
on a LOT in the A (Agricultural ) Zone District, in addition to the principal DWELLING UNIT ,
may be issued by the Department of Planning Services upon a determination that:
1 . A medical hardship exists in which the person to be living in the MANUFACTURED HOME
requires the supervision and care of those persons residing in the principal DWELLING
UNIT on the property (or the reverse ) . Documentation of the medical hardship shall be
established in a letter from the subject's medical doctor or other evidence deemed suitable
by the Department of Planning Services . The letter shall be submitted as a part of the
zoning permit application and shall verify that the subject is physically impaired and
requires full-time care.
2 . — No change .
3. Adequate water and sewage disposal facilities are available to the MANUFACTURED
HOME .
B . A MANUFACTURED HOME zoning permit for TEMPORARY ACCESSORY USE during a
medical hardship in the A (Agricultural ) Zone District may be issued by the Department of
Planning Services upon a determination that the criteria of Paragraphs A. 1 through A. 3 above
and Section 23-4-230 below are met . If the applicant is not able to meet the criteria stated in
Section 23-4-230 below, the Board of County Commissioners shall review the application for
compliance with the criteria set out in Paragraphs Al through A. 3 above at a regularly
scheduled meeting of the Board . The Board of County Commissioners shall give notice of the
application for a zoning permit and the meeting date to those persons listed in the application
as owners of property located within five hundred (500) feet of the parcel under consideration .
Such notification shall be mailed , first-class, not less than ten ( 10) days before the scheduled
meeting . Such notice is not required by state statute and is provided as a courtesy to
surrounding property owners (the surface estate ) . Inadvertent errors by the applicant in
supplying such list or the Department of Planning Services in sending such notice shall not
create a jurisdictional defect in the permit process , even if such error results in the failure of a
surrounding property owner to receive such notification . The Department of Planning Services
shall post a sign for the applicant on the property in question indicating that a
MANUFACTURED HOME has been requested for the property , the meeting date and
telephone number where further information may be obtained . The sign shall be posted at
least ten ( 10) days prior to the meeting date and evidenced with a photograph . The Board of
County Commissioners shall consider any testimony of surrounding property owners
concerning the effects of the MANUFACTURED HOME on the surrounding properties . In
addition , the Board shall consider compatibility of the MANUFACTURED HOME with the
surrounding area , harmony with the character of the NEIGHBORHOOD , its effects upon the
immediate area , and the general health , safety and welfare of the inhabitants of the area and
the COUNTY.
C . All zoning permits for MANUFACTURED HOMES during a medical hardship are temporary.
Such permits shall be subject to review annually on the anniversary of the original permit's
issuance . Such permits shall be extended only if the USE continues to be in conformance with
the criteria set out in Subsection A above . Any permit for a medical hardship USE shall
automatically expire, and the MANUFACTURED HOME shall be removed upon cessation of
the medical hardship or at any such time as the MANUFACTURED HOME is used for other
than the permitted USE .
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Amend Sec . 23-4-200 . REPEALED ,.
Amend Sec. 23-4-210. REPEALED .
Amend Sec. 23 -4-220. Manufactured homes in C or I Zone District.
A . A zoning permit for the USE of one ( 1 ) MANUFACTURED HOME , when USED as living
quarters for caretakers or security personnel responsible for maintaining or guarding the
property , may be permitted as an ACCESSORY USE to the principal USE in certain C
( Commercial ) or I ( Industrial) Zone Districts as described in Article III of this Chapter upon a
determination by the Department of Planning Services that:
1 . The MANUFACTURED HOME is necessary for the effective and economic operation of
the business , COMMERCIAL or industrial activity .
2 . The MANUFACTURED HOME will not be used for residential purposes other than for the
purpose of the protection or control of the principal USE .
3 . Adequate water and sewage disposal facilities are available to the MANUFACTURED
HOME .
4 . The applicant shall obtain a BUILDING permit for the MANUFACTURED HOME and
comply with the installation standards of Chapter 29 of this Code .
A zoning permit shall not be required for a MANUFACTURED HOME in the Commercial or
Industrial Zone Districts if such information is already reflected in an approved Site Plan Review
or Special Use Permit, as determined by the Planner.
B . The Department of Planning Services shall make its determination on the basis of a signed
statement by the applicant that the requirements of this Section are met, upon information
contained in the application , and upon independent evidence as may be available or which
the Department of Planning Services may reasonably require .
C . A zoning permit for one ( 1 ) MANUFACTURED HOME per LEGAL LOT in the C or I
( Commercial or Industrial ) Zone District as an ACCESSORY USE to the principal USE may
be issued by the Department of Planning Services upon a determination that the criteria of
Paragraphs A . 1 through A . 4 above and Section 23-4-230 of this Division are met . If the
applicant is not able to meet the criteria stated in Section 23-4-230 , the zoning permit may be
issued only upon the approval by the Board of County Commissioners. The Board shall review
the application for compliance with the criteria set out in Paragraphs A . 1 through A. 4 above
at a regularly scheduled meeting of the Board . The Board of County Commissioners shall give
notice of the application for a zoning permit and the meeting date to those persons listed in
the application as owners of property located within five hundred ( 500) feet of the parcel under
consideration . Such notification shall be mailed , first-class , not less than ten ( 10) days before
the scheduled meeting . Such notice is not required by state statute and is provided as a
courtesy to surrounding property owners (the surface estate ) . Inadvertent errors by the
applicant in supplying such list or the Department of Planning Services in sending such notice
shall not create a jurisdictional defect in the permit process , even if such error results in the
failure of a surrounding property owner to receive such notification . The Department of
Planning Services shall post a sign for the applicant on the property in question indicating that
a MANUFACTURED HOME has been requested for the property , the meeting date and
telephone number where further information may be obtained . The sign shall be posted at
least ten ( 10 ) days prior to the meeting date and evidenced with a photograph . The Board
shall consider any testimony of surrounding property owners concerning the possible effects
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of the MANUFACTURED HOME on surrounding properties . In addition , the Board shall
consider compatibility of the MANUFACTURED HOME with the surrounding area , harmony
with the character of the NEIGHBORHOOD , its effects upon the immediate area , and the
general health , safety and welfare of the inhabitants of the area and the COUNTY.
D . All MANUFACTURED HOMES as ACCESSORY USES to the principal USE in C or I Zone
Districts are subject to the standards in Article III , Division 3 or Article III , Division 4 of this
Chapter. The MANUFACTURED HOME shall be removed from the property upon the
cessation of the USE of the MANUFACTURED HOME as an ACCESSORY USE to the
business , COMMERCIAL or industrial activity .
Amend Sec. 234-230 . Delegation of authority .
The Board of County Commissioners delegates the authority to issue a Zoning Permit for a
MANUFACTURED HOME , MANUFACTURED STRUCTURE , or occupied RECREATIONAL
VEHICLE which otherwise requires the approval of the Board of County Commissioners through
a public hearing process to the Department of Planning Services upon a determination by the
Department that:
A. — No change .
B . The Department of Planning Services has sent notice and not received signed notification of
at least thirty percent (30% ) of surrounding property owners within five hundred (500) feet of
the subject property in opposition to the location of the MANUFACTURED HOME ,
MANUFACTURED STRUCTURE , or occupied RECREATIONAL VEHICLE within
twenty-eight (28) days ,
C . If the Department of Planning Services denies the permit, the applicant may appeal in writing
to the Director of Planning Services , within ten ( 10) days of receipt of the denial notice . A
hearing shall be scheduled with the Board of County Commissioners to provide the landowner
an opportunity to appeal the denial , for 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 $reetienbp3o1 Division at a regularly
scheduled meeting of the Board :
1 . The Department of Planning Services will notify the applicant, granting ten ( 10) business
days to determine if he or she wants to proceed with the application .
2 . If the applicant notifies the Department of Planning Services of his or her desire to proceed
with the application , the Department will request a hearing date and time from the Clerk
to the Board and prepare a staff report.
3 . The Board of County Commissioners shall give notice of the application 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 jurisdictional
defect in the permit process even if such error results in the failure of a surrounding
property owner to receive such notification .
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4 . The Department of Planning Services shall post a sign for the applicant on the property in
question indicating the request, the meeting date and a telephone number where further
information may be obtained . The sign shall be posted at least ten ( 10) days prior to the
meeting date and evidenced with a photograph .
5 . The Department of Planning Services shall arrange for legal notice of said hearing to be
published in the newspaper designated by the Board of County Commissioners for
publication of notices at least ten ( 10) days prior to the hearing .
6 . The Board of County Commissioners shall consider any testimony of surrounding property
owners concerning the effects of-tape S• TRAILER s- ACCESSORY storagaffim on
the surrounding properties and 46 compliance with the criteria set out in this Section
Division .
Division 5 - Supplementary Regulations for Certain Uses by Special Review
Amend Sec . 23-4-350 . Livestock confinement operations.
A. LIVESTOCK CONFINEMENT OPERATIONS shall be located at least fifty (50) feet from any
state or federal highway RIGHT-OF-WAY, subject to review by the Colorado Department of
Transportation .
B . and C . — No change .
D . Concrete or other suitable aprons adjacent to the permanently affixed feed bunks, water tanks
and feeding devices shall be provided .
E . — No change .
F . Drainage facilities or improvements shall be constructed to protect any adjacent rivers ,
streams or other bodies of water from pollution , as approved by the Colorado Department of
Public Health and Environment.
G . Additional submittal requirements for a Use by Special Review for a LIVESTOCK
CONFINEMENT OPERATION . In addition to the application requirements listed in Article Ii ,
Division 3 , of this Chapter, the following information shall be submitted with the application for
a LIVESTOCK CONFINEMENT OPERATION :
1 . Maximum number of ANIMAL UNITS and species to be associated with the LIVESTOCK
CONFINEMENT OPERATION .
2 . Evidence that the facility has been registered as a Concentrated Animal Feeding
Operation (CAFO) with the Colorado Department of Public Health and Environment .
3. A nuisance management plan .
4 . A lighting plan .
5 . A facility management plan .
6 . A housing plan for employees (if necessary) .
7 . Evidence that proposed wastewater impoundments will meet the requirements of the
Colorado Water Quality Control Commission Regulation Number 81 (5 CCR 1002-81 ) ,
including but not limited to :
a . Setbacks to water wells.
b. Separation from groundwater.
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c. Impoundment liners meet seepage rate .
d . Impoundment wastewater storage capacity.
Amend Sec. 23 -4-360 . Organic fertilizer production and composting facilities .
The storage and sale of fertilizer (organic) , where the fertilizer is stored for longer than one
( 1 ) year, shall be regulated as set forth below:
A. Storage of fertilizer shall not be permitted closer than fifty ( 50 ) feet to any PUBLIC
RIGHT-OF-WAY or LOT line .
Remainder of Section — No change .
Amend Sec . 23-4-370 . Outdoor shooting ranges .
A . A Special Review Permit to operate an OUTDOOR SHOOTING RANGE , if approved , shall
be conditioned on a requirement that every ten ( 10) years the safety of the design of the range
shall be reviewed and changed , taking into account the history of the operation and changes
in surrounding land USES and the relevant provisions of Subsections B . 2 , C . 2 through C . 6
and D below. The Department of Planning Services may waive the review if the surrounding
property within one-half (%) mile has not significantly changed since the recording date of the
original application . The applicant shall provide evidence for this determination .
B . Application for a Special Review Permit or Zoning Permit , as required in Article III of this
Chapter, to operate an OUTDOOR SHOOTING RANGE shall be accompanied by the
following information :
1 . and 2 . No change .
C . The following minimum standards shall apply to all OUTDOOR SHOOTING RANGES :
1 . REPEALED.
2 . thru 5 . — No change .
6 . In addition to firing lines or fields , adequate space for danger areas , parking , equipment ,
storage BUILDING , clubhouse and latrines shall be provided .
D . thru E . 3 . — No change.
4 . REPEALED .
5 . REPEALED .
Amend Sec . 23-4-380. Solid waste sites and facilities or hazardous waste disposal sites.
A . Certificates of designation for solid or hazardous waste disposal sites and facilities as required
by Article VIII of Chapter 12 , the Colorado Revised Statutes , and the code of Colorado
Regulations shall not be deemed approved until or unless a Use by Special Review Permit
has been approved by the Board of County Commissioners where required by this Chapter .
The Board shall be guided in its review of a certificate of designation by the Colorado Revised
Statutes and Code of Colorado Regulations , as amended .
B . Applicants for activities reviewed pursuant to Article II , Division 4 of this Chapter for any Solid
Waste sites and facilities or Hazardous Waste disposal sites shall have the burden of proof to
demonstrate that there is a need for the facility within the proposed area of service , and the
Board of County Commissioners shall be satisfied that a need exists as part of the
determinations for any such permit .
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Amend Sec . 23-4-400. Kennels .
A . and B. — No change .
C. Drainage facilities or improvements shall be constructed to protect any adjacent rivers ,
streams or other bodies of water.
Amend Sec . 23 -4-410. REPEALED.
Amend Sec . 23-4-420. REPEALED. ( Re-enacted as Subsection 23-2-400. 0).
Division 6 - Wind Generators and Permitting Requirements.
Amend Sec. 23 -4-450 . Wind generator standards .
WIND GENERATORS are allowed in certain zone districts as either ACCESSORY USES , as
principal or ACCESSORY USES subject to Zoning Permit requirements of Section 23-4-460 , or
as principal or ACCESSORY USES subject a Use-by-Special Review Permit, per the height
guidelines and maximum numbers for LEGAL LOTS , below. The height of a WIND GENERATOR
is measured from the surrounding ground to the hub of the generator:
Table 23 . 3
WIND GENERATORS
Lot Size Accessory Use .
ff ref Zoning Permit for Use-by-Specral
(Gross Permit required
WIND GENERA TOR Review Permit
Acres) only)
Less thanAbove 60 feet, or more
Up to 40 feet and rotor
41 - 00 feet than 3 per LEGAL
2 . 49 Acres * diameter 12 feet or less *
LOT
2 . 5 Acres -
Up to 60 feet and below and Above 120 feet, or
. g A rotor diameter of 14 feet or 61 - 120 feet more than per
cres
less LEGAL LOT
5 Acres and Up to 120 feet and below and Above feet, or
121 - 180 feet more than 3 per
Above rotor diameter 25 feet or less
LEGAL LOT
* On LOTS less than 2 . 5 acres , the owner shall submit evidence to the Planning Department
that the WIND GENERATOR can meet the SETBACKS found in Subsection 23-4-450. D and E
below.
All WIND GENERATORS are subject to the following standards :
A. and E . — No change .
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C . All WIND GENERATORS shall be set back from property lines, PUBLIC RIGHTS-OF-WAY
and access easements a distance of at least one ( 1 ) times the height of the generator ( as
measured to the tip of the rotor blades ) .
D . All WIND GENERATORS shall be set back from any existing or planned overhead lines a
distance of at least one ( 1 ) times the height of the generator ( as measured to the tip of the
rotor blades) .
E . No part of the system , including guy wire anchors , shall extend closer than thirty (30) feet to
any property boundary.
F . WIND GENERATORS shall be painted or coated a nonreflective n refle ct ive white , grey or other neutral
color.
G . WIND GENERATORS shall not be artificially illuminated , unless required by the Federal
Aviation Administration (FAA) .
H . Electrical controls shall be wireless or underground , and power lines shall be underground ,
except for an interconnection to an existing above-ground power grid .
I . WIND GENERATORS are subject to the following noise limits (measured from the nearest
property line from the WIND GENERATOR ) :
1 . and 2 . — No change .
3. Light Industrial ( I- 1 ) : Sixty-five (65) decibels .
4. Industrial ( 1 -2 and 1 -3) : Seventy-five (75) decibels .
J . — No change.
K . WIND GENERATORS generating power as a COMMERCIAL enterprise may be subject to
regulation by the Colorado Public Utilities Commission .
L . If proposing to interconnect to a utility company, the applicant shall provide to the Department
of Planning Services a copy of a " letter of intent to interconnect" or interconnection agreement
signed by the utility company .
Amend Sec . 23-4-460. Zoning Permit for Wind Generator permit application requirements .
An application for a Zoning Permit for a WIND GENERATOR shall include the following :
A. thru F . — No change .
G . Elevation drawings of the proposed facility showing all towers , STRUCTURES and other
improvements related to the facility , showing specific materials , placement and colors .
H . Weld County Access Permit .
I . A vicinity map showing ADJACENT properties , general land USES , zoning and
STREETS/ROADS :
1 . Within five hundred (500) feet of the proposed WIND GENERATOR site .
J . A sketch plan of the site at the scale of one ( 1 ) inch represents fifty (50) feet, or other suitable
scale to show:
1 . The proposed location of the WIND GENERATOR(S) and other support STRUCTURES
(guy wires) , including distances from the property LOT lines , above-ground power lines
and other STRUCTURES on the property .
2 . — No change .
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3 . An access is or can be made available that provides for safe ingress and egress to a
PUBLIC STREET/ROAD . All accesses shall be in accordance with the access
requirements set forth in this Code .
4 . identification of any COUNTY , state or federal STREETS/ROADS or highways .
5. — No change.
K. An application fee . An additional fifty (50) percent of the application fee shall be added to the
cost of the application fee if the USE is started prior to issuance of a permit . The payment of
the investigation fee shall not relieve any persons from fully complying with the requirements
of this Chapter, nor from any other penalties .
L . — No change.
M . REPEALED .
Amend Sec . 23 -4-470 . Delegation of authority.
The Board of County Commissioners delegates the authority to issue a zoning permit for a
WIND GENERATOR which otherwise requires the approval of the Board of County
Commissioners through a public hearing process to the Department of Planning Services upon a
determination by the Department that:
A. — No change .
B . The Department of Planning Services has sent notice and has not received signed notification
from at least thirty percent (30%) of surrounding property owners within five hundred (500)
feet of the subject property in opposition to the location of the WIND GENERATOR within
twenty-eight (28) days .
Sec . 23-4-475 . Notification and appeal of denial .
A . Once an application that is subject of this Division 6 is deemed complete by the Department
of Planning Services , the Department of Planning Services shall send the application to
applicable agencies listed in Appendix 23-G , as determined by the Department of Planning
Services . The failure of any agency to respond within twenty-eight (28) days may be deemed
a favorable response . All REFERRAL agency review comments are considered
recommendations . The authority and responsibility for approval and denial of a zoning permit
rests with the Department of Planning Services.
B . The Department of Planning Services shall send notice , mailed first-class , to owners of LOTS
within five hundred (500) feet of the subject property notifying them of the application and their
opportunity to object to the issuance of the zoning permit , which shall be submitted by
returning the signed form sent by the Department of Planning Services within twenty-eight
(28) days .
C . If the Department of Planning Services receives objections from the owners of at least thirty
(30) percent of those notified within twenty-eight (28) days, or if the Department of Planning
Services determines the application does not meet all applicable criteria and requirements ,
the zoning permit shall be denied by the Department of Planning Services ,
1 . The Department of Planning Services shall notify the applicant of the objections and the
denial of the zoning permit . The Department of Planning Services shall also provide the
applicant comments received from REFERRAL agencies . The applicant may appeal in
writing to the Department of Planning Services within ten ( 10) days of receipt of the denial
notice .
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2 . If appealed , a public hearing shall be scheduled before the Board of County
Commissioners and staff shall send notice , mailed first-class , to the applicant and owners
of LOTS within five hundred (500) feet of the subject property at least ten ( 10) days prior
to the hearing . The Department of Planning Services shall also notify the referral agencies
with comments of the hearing .
3 . The Department of Planning Services shall post a sign on the property in question
indicating a zoning permit has been requested for the property , the hearing date , and
telephone number where further information may be obtained . The sign shall be posted at
least ten ( 10) days prior to the hearing date and evidenced with a photograph .
4 . The Department of Planning Services shall arrange for legal notice of said hearing to be
published in the newspaper designated by the Board of County Commissioners for
publication of notices at least ten ( 10 ) days prior to the hearing .
5 . The Board of County Commissioners shall consider any testimony of owners of
surrounding property and REFERRAL agencies concerning the effects of the zoning
permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out in
this Code .
6 . Following the public hearing , the Board of County Commissioners shall pass a resolution
affirming its decision as to whether to approve or deny the zoning permit . The decision of
the Board shall be final .
7 . Notice is not required by state statute and is provided as a courtesy to surrounding
property owners . Inadvertent errors by the applicant in supplying such list or the
Department of Planning Services in sending such notice shall not create a jurisdictional
defect in the permit process even if such error results in the failure of a surrounding
property owner to receive such notification .
B . If the applicant does not submit a written appeal within said ten ( 10) days , the denial shall
be final .
Division 7 - Temporary Seasonal Uses
Amend Sec . 23-4-500. Intent and applicability .
A . The intent of the TEMPORARY seasonal USE procedure is to provide an administrative
process for the regulation of seasonal USES and ACCESSORY STRUCTURES , including
fruit and vegetable stands , and those for the sale of fireworks or Christmas trees . Other similar
TEMPORARY seasonal USES may be approved by the Director of Planning Services .
B . Roadside stands shall be located not less than fifty (50) feet from any PUBLIC RIGHT-OF-
WAY.
Amend Sec . 23-4-510 . Duties of Department of Planning Services .
A. The submittal shall be reviewed for completeness and the applicant notified of any
inadequacies . Once the submittal is determined complete , Planning staff and other agencies ,
such as the Department of Public Works, the affected fire district , the Colorado Department
of Transportation and the Department of Public Health and Environment, shall review the
submittal .
B . — No change .
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C . If the Department of Planning Services denies the Permit, the applicant may appeal in writing
to the Director of Planning Services , within ten ( 10) days of receipt of the denial notice . A
hearing shall be scheduled with the Board of County Commissioners to provide the landowner
an opportunity to appeal the denial , for good cause shown . If the landowner does not submit
a written appeal , the denial becomes final .
Amend Sec. 23 -4-520. Application requirements for temporary seasonal use permit.
The following supporting documentation shall be submitted as a part of the application :
A . A TEMPORARY seasonal USE permit application form provided by the Department of
Planning Services .
E . — No change .
C . A detailed description of the proposed USE , including the location of proposed parking areas
or PARKING LOTS , and evidence that the USE meets the requirements of the zone district .
D. — No change .
E . Evidence that the USE shall have adequate sewage disposal facilities , which may include
TEMPORARY sewage disposal facilities (i . e . , portable toilets) , as determined by the
Department of Public Health and Environment .
F . thru H . 3 . — No change .
4 . The location of all existing and proposed driveways and accesses associated with the
PARKING LOTS .
5 . The names of any existing STREETS/ROADS or highways abutting the property.
6 . All existing STRUCTURES on the property .
7 . and 8 . — No change .
I . The application fee . An additional fifty ( 50) percent of the application fee shall be added to the
cost of the application fee if the USE is started prior to issuance of a permit. The payment of
the investigation fee shall not relieve any persons from fully complying with the requirements
of this Chapter , nor from any other penalties .
Division 8 - Second Single -Family Dwelling in the A ( Agricultural ) Zone District
Amend Sec . 23-4-600 . REPEALED .
Amend Sec. 23 -4-610. REPEALED.
Amend Sec. 23 -4-620. REPEALED .
Sec. 23 .4-630 . Requirements for a second single-family dwelling.
Where a second SINGLE -FAMILY DWELLING is permitted in Article III of this Chapter, the
following criteria shall be met prior to issuance of a building permit for said dwelling :
A. The LOT shall be at least two and one-half (25 ) acres in area .
D . The second SINGLE-FAMILY DWELLING shall have a permanent, engineered foundation .
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C. Where Article III of this Chapter requires issuance of a zoning permit for a second SINGLE -
FAMILY DWELLING , the permit may be issued in accordance with Division 17 of this Article
IV of this Code . Where Article III of this Chapter requires approval of a Use by Special Review
for a second SINGLE -FAMILY DWELLING , the process in Division 4 of Article II of this Code
shall be followed .
Division 9 - Miscellaneous Regulations .
Amend Sec . 23-4-700 . REPEALED.
Amend Sec . 23-4-710 . Livestock feeding performance standards.
A. and B . — No change .
C . The Department of Public Health and Environment will use the following performance
standards to verify a complaint and evaluate the presence of a nuisance condition :
1 . The property owner shall remove , handle and stockpile all manure in a manner that will
prevent nuisance conditions . The manure piles shall not be allowed to exist or deteriorate
to a condition that facilitates excessive odors, flies , insect pests or pollutant runoff. T h e
manure storage site shall have a surface , in accordance with the Concentrated Animal
Feeding Operation Control Regulations, which does not permit seepage or percolation of
manure pollutants into the ground .
2. thru 5 . — No change .
6 . All runoff retention and containment facilities shall meet and be maintained in accordance
with the Colorado Department of Health's Concentrated Animal Feeding Operation Control
Regulation (5 CCR 1002-81 ) . The property owner shall be responsible for any additional
requirements issued by the Colorado Department of Health , Water Quality Control
Division , or the County Department of Public Health and Environment.
Remainder of Section — No change .
Division 10 - Antennas and Towers
Amend Sec . 23-4-800 . Purpose.
The purpose of this Division is to accommodate the increasing wireless communication needs
of County residents , businesses and visitors while protecting the public health , safety, general
welfare and visual environment of the County by:
A. thru C . — No change .
D . Reducing the number of TELECOMMUNICATION ANTENNA TOWERS needed to serve the
County by requiring TELECOMMUNICATION ANTENNAS to be placed on existing
STRUCTURES wherever possible and requiring CO- LOCATION of telecommunication
providers on existing and new TELECOMMUNICATION ANTENNA TOWERS .
E . Using performance standards and incentives to promote location of TELECOMMUNICATION
ANTENNAS on concealed STRUCTURES and existing BUILDINGS and
TELECOMMUNICATION ANTENNA TOWERS .
Amend Sec . 23-4-805 . Definitions .
For the purposes of this Division 10 , certain terms or words used herein shall be interpreted
as defined in Section 23- 1 -90 .
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Amend Sec. 23 -4-810. Preferred order for locating Telecommunication Facilities .
The order of preference for locating new permanent TELECOMMUNICATION FACILITIES is
from most preferred to least preferred and based on economic and technical feasibility:
A . thru C . — No change .
D. TELECOMMUNICATION ANTENNA TOWER . New TELECOMMUNICATION ANTENNAS
shall use the most preferred facility type where economically and technically feasible . A lesser
preferred facility type is allowed only if the applicant presents substantial evidence to show it
will have a lesser visual impact than the USE of more preferred facilities and that the
applicant's desired geographic area cannot be served by using more preferred facilities .
Amend Sec. 23-4-820 . General requirements.
A . TELECOMMUNICATION FACILITIES on Residential Properties . TELECOMMUNICATION
FACILITIES may not be placed on properties or BUILDINGS used primarily for residential
purposes . This does not apply to BUILDINGS containing eight <8) or more DWELLING UNITS
or farms and ranches containing DWELLING UNITS .
B . TELECOMMUNICATION FACILITIES are allowed as a USE by right or ACCESSORY USE
on a property as follows :
1 . REPEALED .
2 . TELECOMMUNICATION ANTENNA TOWERS are not allowed in the following zone
districts : R- 1 , R-2 , R-3 , R-4 , R-5 , E and PUD (with residential USES) .
3 . TELECOMMUNICATION ANTENNA TOWERS are permitted either as a USE by right ,
ACCESSORY USE , zoning permit, or Use by Special Review in the following zone
districts : C , I , A and PUD (with COMMERCIAL or industrial USES ) .
C . ACCESSORY USES to a TELECOMMUNICATION ANTENNA AND
TELECOMMUNICATION ANTENNA TOWER shall not include OFFICES , broadcast studios ,
long-term vehicle storage or other OUTDOOR STORAGE , or other USES not needed to send ,
receive or relay transmissions .
Amend Sec . 23-4-830 . Standards for Telecommunication Antenna Towers.
A . TELECOMMUNICATION ANTENNA TOWERS are allowed as a USE by right, ACCESSORY
USES , subject to Zoning Permit for TELECOMMUNICATION ANTENNA TOWER
requirements , or as a Use by Special Review Permit , per the height guidelines below. The
height of a TELECOMMUNICATION ANTENNA TOWER is defined as the distance from the
finished grade at the TELECOMMUNICATION ANTENNA TOWER base to the highest point
of the TELECOMMUNICATION ANTENNA TOWER . Overall TELECOMMUNICATION
ANTENNA TOWER HEIGHT includes the base pad , mounting STRUCTURES and panel
antennas , but excludes lightning rods and whip antennas .
Table 23.4
TELECOMMUNICATIONS ANTENNA TOWERS
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Use Zoning Permit for by Special Review
Ise b y Right or TELECOMMUNICATIONS
Accessory Use 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
shall be located at least one thousand ( 1 , 000 ) feet from other TELECOMMUNICATION
ANTENNA TOWERS over thirty-five ( 35) feet high that are capable of supporting
TELECOMMUNICATION FACILITIES . Closer spacing between TELECOMMUNICATION
ANTENNA TOWERS may be granted through the Use by Special Review process . This radial
spacing requirement does not apply to facilities located at designated antenna farms.
C . In addition to meeting the Use by Special Review standards set forth in Article II , Division 5 of
this Chapter or the Zoning Permit for Telecommunication antenna tower permit application
requirements set forth in Section 23 -4-870 , the applicant shall submit documentation
addressing the following standards :
1 . thru 4 . a . — No change .
b . The TELECOMMUNICATION ANTENNA TOWER owner modifies the STRUCTURE
in a way to make CO- LOCATION impractical or impossible .
c. If approval is revoked , the facility shall be removed at the owner' s expense .
5 . thru 13 . — No change .
D . TELECOMMUNICATION ANTENNA TOWER and Equipment SETBACKS and OFFSETS .
1 . TELECOMMUNICATION ANTENNAS , ATTACHED and other appurtenances may
encroach up to two <2 ) feet into the minimum BUILDING SETBACKS and OFFSETS in
the UNDERLYING ZONING DISTRICT, but shall not extend over LOT lines .
2 . Minimum SETBACKS and OFFSETS for TELECOMMUNICATION ANTENNAS ,
CONCEALED are the same as the minimum BUILDING SETBACKS and OFFSETS in the
UNDERLYING ZONING DISTRICT.
3 . Minimum SETBACKS and OFFSETS for TELECOMMUNICATION ANTENNA TOWERS
are as follows :
a . From LOT lines of properties in the Al C , I and PUD (with COMMERCIAL or industrial
USES ) zones: one hundred percent ( 100 %) of the TELECOMMUNICATION
ANTENNA TOWER HEIGHT but not less than minimum SETBACKS and OFFSETS
in the UNDERLYING ZONING DISTRICT.
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b. From subdivision exemption boundaries for non- permanent USE of a parcel for
Telecommunication Antenna Tower Facilities in the A, C , I and PUD (with
COMMERCIAL or industrial USES) zones : one hundred percent ( 100% ) of the
TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than minimum
SETBACKS and OFFSETS in the UNDERLYING ZONING DISTRICT, unless
evidence of a recorded easement granted by the underlying property owner, which
allows for the fall of the tower onto the burdened property is provided . As an
alternative , the applicant may provide stamped documentation from an engineer
licensed to practice in the state demonstrating that the tower and debris would fall
completely within the boundary of the subdivision exemption .
4 . Guy wires and equipment BUILDINGS and cabinets . No part of the
TELECOMMUNICATION ANTENNA TOWER system , including any guy wire anchors ,
shall extend closer to the property boundary than minimum BUILDING SETBACKS and
OFFSETS in the UNDERLYING ZONING DISTRICT.
E . Equipment Design .
1 . A TELECOMMUNICATION ANTENNA , ATTACHED on a roof may extend up to fifteen
( 15 ) feet over the height of the BUILDING or STRUCTURE and may exceed the
UNDERLYING ZONING DISTRICT height limitation . TELECOMMUNICATION
ANTENNAS , ATTACHED mounted on a BUILDING or STRUCTURE wall shah be as flush
to the wall as technically possible , and shall not project above the top of the wall , and shall
be located , painted and/or screened to be architecturally and visually compatible with the
wall to which it is attached .
2 . TELECOMMUNICATION ANTENNA TOWERS should be painted or coated in earth-tone
colors that blend , to the extent possible , with the surrounding BUILDING and natural
environment , unless State or federal regulations require specific colors .
3 . TELECOMMUNICATION ANTENNA TOWERS shall not be artificially lighted unless
required by the FAA or other State or federal agency . Security lighting on the site may be
mounted up to twenty (20 ) feet high and shall be directed toward the ground to reduce
light pollution , prevent offsite light spillage and avoid illuminating the
TELECOMMUNICATION ANTENNA TOWER .
4 . Equipment BUILDINGS shall be compatible with the architectural style of the surrounding
BUILDING environment with consideration given to exterior materials , roof form , scale,
mass , color, texture and character. Equipment BUILDINGS shall be constructed with
materials that are equal to or better than the materials of the PRINCIPAL BUILDING .
Equipment cabinets shall be located , painted and/or screened to be architecturally and
visually compatible with the surrounding BUILDING and natural environment .
5 . The maximum permissible noise level shall adhere to the maximum permissible noise
levels allowed in the UNDERLYING ZONING DISTRICT as delineated in Chapter 14 ,
Article IX of this Code .
F . Base or Accessory Site Design .
1 . If determined to be required by either the Director of the Department of Planning Services
or the Weld County Board of Commissioners in the course of processing a Zoning Permit
for a Telecommunication Antenna Tower Facility or Use by Special Review Permit,
SCREENING and landscaping appropriate to the context of the site and in harmony with
the character of the surrounding environment may be installed when any part of the facility
is visible from PUBLIC RIGHTS -OF-WAY or ADJACENT properties ,
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2 . — No change.
3 . Signage at the site is limited to nonilluminated warning and equipment IDENTIFICATION
SIGNS . This does not apply to concealed antennas incorporated into FREESTANDING
SIGNS .
4. TELECOMMUNICATION ANTENNA FACILITIES , except those in the C and I zones , shall
not include manned OFFICES , long-term vehicle storage or other outdoor storage, or
other uses not needed to send , receive or relay transmissions .
G . Abandonment.
If the Use by Special Review has not commenced within three (3) years from the date of
approval , or is discontinued for a period of three (3 ) consecutive years , it shall be presumed
inactive or abandoned . The COUNTY shall initiate an administrative hearing to consider whether
to grant an extension of time to commence the USE or revoke the USE . If the USE is revoked , it
shall be necessary to follow the procedures and requirements of this Division in order to
reestablish any subsequent USE by right or Use by Special Review. Upon the determination that
the USE has been abandoned , the facility owner has ninety (90) days to re- use the facility or
transfer the facility to another owner who will re-use it or remove the facility . Evidence of such
shall be provided , in writing , to the Department of Planning Services .
Remainder of Section — No change .
Amend Sec . 23-4-840. Supplemental Use by Special Review Permit application
requirements for Telecommunication Antenna Towers.
A. Application Contents . In addition to requirements outlined in Article II , Divisions 3 through 5
of this Chapter, applications for administrative or Use by Special Review approval of proposed
TELECOMMUNICATION FACILITIES , and additions or modifications to existing facilities ,
shall include the following :
1 . A Site Plan showing the location and legal description of the site; on-site land USES and
zoning ; adjacent STREETS/ROADS ; parking and access ; areas of vegetation and
landscaping to be added , retained , replaced or removed ; SETBACKS from property lines ;
and the location of the TELECOMMUNICATION FACILITY , including all related
improvements , BUILDINGS and equipment .
2 . A vicinity map showing ADJACENT properties , general land USES , zoning and
STREET IROADB :
a . thru c . — No change.
3 . Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all
TELECOMMUNICATION ANTENNAS , TELECOMMUNICATION ANTENNA TOWERS ,
STRUCTURES , equipment BUILDINGS and cabinets, fencing , SCREENING ,
landscaping , lighting and other improvements related to the facility , showing specific
materials , placement and colors .
4 . — No change .
5 . A report describing the TELECOMMUNICATION FACILITY and the technical need and
other reasons for its design , height and location ; the need for the TELECOMMUNICATION
FACILITY and its role in the network; and the capacity of the STRUCTURE , including the
number and type of antennas it can accommodate .
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6 . The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460- 1
or equivalent) , if the facility is located near an AIRPORT or a flight path .
7 . If landscaping/SCREENING is required by the Department of Planning Services the
applicant is responsible for landscaping , SCREENING , site maintenance and the
replacement of dead plant material .
8 . A schedule for the installation of landscaping and SCREENING , if applicable .
9 . thru 11 . — No change .
E . TELECOMMUNICATION FACILITY Inventory. The first application for a proposed
TELECOMMUNICATION FACILITY by a provider shalt include a detailed inventory of all the
provider' s existing and approved TELECOMMUNICATION FACILITIES within the County, all
incorporated areas within the County , and one ( 1 ) mile beyond the County border, including
Wyoming .
Amend Sec. 23-4-870. Zoning Permit for Telecommunication Antenna Tower permit
application requirements.
An application for a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER shall
include the following :
A. thru E . — No change .
F . Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all
TELECOMMUNICATION ANTENNA TOWERS , STRUCTURES and other improvements
related to the TELECOMMUNICATION FACILITY , showing specific materials , placement and
colors .
G . — No change .
H . A vicinity map showing ADJACENT properties , general land USES , zoning and
STREETS/ROADS :
1 . — No change .
I . A sketch plan of the site at the scale of one ( 1 ) inch represents fifty (50) feet , or other suitable
scale , to show:
1 . The proposed location of the TELECOMMUNICATION ANTENNA TOWERS and other
support STRUCTURES (guy wires) , including distances from the property LOT lines,
above-ground power lines and other STRUCTURES on the property.
2 . — No change .
3 . An access is or can be made available that provides for safe ingress and egress to a
PUBLIC STREET/ROAD . All accesses shall be in accordance with the access
requirements set forth in this Code .
4 . Identification of any COUNTY, State or federal STREETS/ROADS or highways .
5 . — No change .
6 . A site detail of TELECOMMUNICATION ANTENNA TOWER and encumbrances/ support
STRUCTURES .
J . — No change .
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K . A statement describing the TELECOMMUNICATION FACILITY and the technical need and
other reasons for its design and location ; the need for the TELECOMMUNICATION FACILITY
and its role in the network ; and the capacity of the STRUCTURE , including the number and
type of antennas it can accommodate .
L . The FM response to the Notice of Proposed Construction or Alteration ( FAA Form 7460- 1 or
equivalent) , if the facility is located near an AIRPORT or a flight path .
M . A schedule for the installation of landscaping and SCREENING , if applicable .
N . If landscaping /SCREENING is required by the Department of Planning Services , the applicant
is responsible for landscaping , SCREENING , site maintenance and the replacement of dead
plant material .
O . thru Q . — No change .
R . TELECOMMUNICATION FACILITY Inventory . The first application for a proposed
TELECOMMUNICATION FACILITY by a provider shall include a detailed inventory of all the
provider' s existing and approved TELECOMMUNICATION FACILITIES within the County, all
incorporated areas within the county , and one ( 1 ) mile beyond the County border, including
Wyoming .
S . An application fee . An additional fifty ( 50) percent of the application fee shall be added to the
cost of the application fee if the USE is started prior to issuance of a permit. The payment of
the investigation fee shall not relieve any persons from fully complying with the requirements
of this Chapter, nor from any other penalties .
T. and U . — No change.
V. The names and addresses of any owner , operator , or user of any irrigation ditch , lateral , or
pipeline that traverses the property .
Amend Sec. 23-4-892. Addition of Equipment on Existing Telecommunication Tower
Facilities .
A. Addition of equipment onto existing TELECOMMUNICATION FACILITIES ( including existing
nonconforming antenna tower facilities) shall not require a new or amended Use by Special
Review Permit, Site Plan Review or Zoning Permit if the TELECOMMUNICATION ANTENNA
TOWER HEIGHT remains unchanged , the coverage area and communication reception for
existing facilities are not impacted , and the area occupied by the TELECOMMUNICATIONS
ANTENNA TOWER and accessory equipment does not expand .
E . Other additions of equipment onto existing TELECOMMUNICATION FACILITIES (including
existing nonconforming antenna tower facilities) that extend the TELECOMMUNICATION
ANTENNA TOWER HEIGHT and/or expand the area occupied by the
TELECOMMUNICATIONS ANTENNA TOWER and/or accessory equipment shall be
reviewed by the Department of Planning Services Staff to determine whether or not a new or
amended Use by Special Review (USR) or a new Zoning Permit will be required .
Amend Sec. 23 -4-894 . Subdivision Exemptions for changes to Existing
Telecommunication Tower Facilities.
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A new or amended Subdivision Exemption is not required if not expanding ground area of the
TELECOMMUNICATIONS ANTENNA TOWER site or if not extending the
TELECOMMUNICATION ANTENNA TOWER HEIGHT and the coverage area and
communication reception for existing facilities are not impacted . Subdivision Exemption
requirements are delineated in Chapter 24, Section VIII of the Weld County Code .
Amend Sec. 23 -4-895. Requirements for Noncommercial Towers.
NONCOMMERCIAL TOWERS shall be subject to the following requirements :
A. — No change.
B . NONCOMMERCIAL TOWER components , including any and all antennas , appurtenances,
cables , guy wires or structural supports , shall be subject to the front, side and rear SETBACK
requirements for ACCESSORY STRUCTURES for the zone district in which the tower is
located . This provision shall not apply to the tower itself.
C . NONCOMMERCIAL TOWERS shall be set back from any existing or planned overhead
transmission lines a distance greater than the height of the tower.
D . — No change .
E . No NONCOMMERCIAL TOWER may exceed the number as a USE by right of the specific
Zone District without a Zoning Permit for NONCOMMERCIAL TOWERS (ZPNCT) or a Use
by Special Review Permit approved by the Board of County Commissioners .
F. Limiting Site Factors . NONCOMMERCIAL TOWERS are permitted in all zone districts ;
however, should the proposed NONCOMMERCIAL TOWER be located in one or more of the
following areas, the NONCOMMERCIAL TOWER is subject to additional review and approval
by the appropriate agency :
1 . Within two (2) miles of any military installation .
2 . Within the A- P (Airport) Overlay District described in Division 1 , Article V, of this Chapter.
. Within the GEOLOGIC HAZARD AREAS as defined by Section 23- 1 -90 of this Code .
4 . No facilities will be permitted within :
a . and b . — No change .
c . All FLOODWAYS , as defined by Section 23- 1 -90 of this Code .
C . Prior to the issuance of a land use permit for any NONCOMMERCIAL TOWER, the applicant
shall provide the following :
1 . and 2 . — No change.
3 . A scaled Site Plan drawing of the subject property, showing all property lines , the location
of all existing STRUCTURES , and the proposed location of the tower, including the
location of cables , guy wires or other structural supports.
4 . The applicant shall provide evidence that additional review and approval by the
appropriate agency is not required in accordance with FAR Part 77 , "Objects Affecting
Navigable Airspace" , and/or, if the STRUCTURE is located within the A- P (Airport) Overlay
District . Towers farther than twenty thousand (20 , 000 ) feet to the nearest point of the
nearest runway of any AIRPORT are automatically exempt from any review. Other
exemptions are based on tower distance , tower height , ground height and BUILDINGS
between the tower and the AIRPORT , and length of AIRPORT runway.
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5 . The application fee . Investigation fee , if applicable . An additional fifty ( 50) percent of the
application fee shall be added to the cost of the application fee if the USE is started prior
to issuance of a permit . The payment of the investigation fee shall not relieve any persons
from fully complying with the requirements of this Chapter, nor from any other penalties .
Amend Sec, 23 -4-896 . Cell on Wheels (COW).
Any CELL ON WHEELS (COW) facility shall be approved by the Board of County
Commissioners prior to placement. COW facilities are not considered to be permanent USES and
may be allowed by the Board of County Commissioners to remain on a site for a period not to
exceed one ( 1 ) year.
Division 11 - Semi -Trailers as Accessory Storage
Amend Sec . 23-4-900 . Intent and applicability.
A . Where a SEMI -TRAILER as ACCESSORY storage is permitted in Article III of this Chapter
upon issuance of a zoning permit, the permit may 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.
4 . No structural component of the SEMI -TRAILER will be removed if it would result in the
SEMI -TRAILER being unmovable .
5 . The SEMI -TRAILER shall not be allowed to deteriorate into a state of disrepair . Such
disrepair would include , but not be limited to , a SEMI -TRAILER partially or totally damaged
by fire , earthquake , wind or other natural causes , or a SEMI -TRAILER in a state of general
dilapidation , deterioration or decay resulting from a lack of maintenance , vandalism or
infestation with vermin or rodents . Any such SEMI -TRAILER shall be restored to and
maintained in the original condition upon being placed on the site or shall be removed
from the site.
6 . The SEMI -TRAILER shall be removed from the property upon cessation of such USE .
7 . The SEMI-TRAILER shall not in any manner be USED to display SIGNS .
8 . The SEMI-TRAILER is compatible with the surrounding area .
9 . The SEMI -TRAILER has current registration and license plates .
B. The zoning permit shall not be transferable by the applicant and/or owner to any successor
and shall terminate automatically upon conveyance or lease of the property . The SEMI -
TRAILER shall be removed from the property or a new zoning permit shall be applied for and
approved prior to conveying or leasing the property . Each request for a zoning permit shall
include a statement by the applicant acknowledging that the zoning permit is only for the
applicant to which the zoning permit was issued .
Amend Sec. 23-4-910 . Semi -trailer as accessory storage permit requirements.
An application for a Zoning Permit for a SEMI -TRAILER as ACCESSORY storage shall
include the following :
A. thru F . — No change .
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G . Evidence that the SEMI -TRAILER is currently licensed .
H . — No change.
I . A sketch plan of the site at the scale of one ( 1 ) inch represents fifty ( 50) feet or other suitable
scale to show:
1 . The proposed location of the SEMI -TRAILER , including distances from the property LOT
lines and other STRUCTURES on the property.
2 . Access to the SEMI-TRAILER , including distances from the property LOT lines and other
STRUCTURES on the property.
3 . — No change .
4 . An access is or can be made available that provides for safe ingress and egress to a
PUBLIC STREET/ROAD . All accesses shall be in accordance with the access
requirements set forth in this Code .
5 . Identification of any COUNTY, state or federal STREETS/ ROADS or highways .
6 . — No change .
J . An application fee . An additional fifty (50) percent of the application fee shall be added to the
cost of the application fee if the USE is started prior to issuance of a permit. The payment of
the investigation fee shall not relieve any persons from fully complying with the requirements
of this Chapter, nor from any other penalties .
K . A certified list of the names , addresses and the corresponding Parcel Identification Number
assigned by the County Assessor of the owners of property (the surface estate) within five
hundred ( 500) feet of the property lines of the parcel on which the SEMI -TRAILER will be
placed . The source of such list shall be the records of the County Assessor, or an ownership
update from a title or abstract company or attorney, derived from such records or from the
records of the County Clerk and Recorder. If the list was assembled from the records of the
County Assessor, the applicant shall certify that such list was assembled within thirty (30)
days of the application submission date .
L . REPEALED . (See Section 23-4-900 . )
Amend Sec . 23-4-920. Referral process.
Upon determination that the application submittal is complete , the Department of Planning
Services shall :
A. Refer the application to applicable agencies listed in Appendix 23-G , as determined by the
Department of Planning Services. The failure of any agency to respond within twenty-one (21 )
days may be deemed to be a favorable response . The reviews and comments solicited by the
COUNTY are intended to provide the COUNTY with information about the proposed USE .
The COUNTY may consider all such reviews and comments and may solicit additional
information if such information is deemed necessary. The reviews and comments submitted
by a REFERRAL agency are recommendations to the COUNTY .
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B . Send a request for comment in support or opposition regarding the Zoning Permit for a SEMI-
TRAILER as ACCESSORY storage to those persons listed in the application as owners of
property located within five hundred (500) feet of the parcel under consideration . Such
notification shall be mailed , first-class , upon receipt of the application . Inadvertent errors by
the applicant in supplying such list or the Department of Planning Services in sending such
notice shall not create a jurisdictional defect in the permitting process, even if such error
results in the failure of a surrounding property owner to receive such notification .
Amend Sec . 23 -4-930 . Delegation of authority.
A . The Board of County Commissioners delegates the authority to issue a zoning permit for a
SEMI -TRAILER which otherwise requires the approval of the Board of County Commissioners
through a public hearing process to the Department of Planning Services upon a
determination by the Department that :
. — No change.
2 . The Department of Planning Services has sent notice and has not received signed
notification of at least thirty percent (30%) of surrounding property owners within five
hundred (500 ) feet of the subject property in opposition to the location of the
SEMI -TRAILER within twenty-eight <28) days .
B . If the Department of Planning Services denies the Permit, the applicant may appeal in writing
to the Director of Planning Services , within ten (10) days of receipt of the denial notice. A
hearing shall be scheduled with the Board of County Commissioners to provide the landowner
an opportunity to appeal the denial , for good cause shown . If the landowner does not submit
a written appeal , the denial becomes final .
C . If the Department of Planning Services does receive signed notification that thirty percent
(30% ) or more of surrounding property owners within five hundred (500) feet of the subject
property are in opposition to the permitting of a SEMI -TRAILER as ACCESSORY storage, the
Board of County Commissioners shall review the application for compliance with the criteria
set out in this Section Division at a regularly scheduled meeting of the Board :
1 . thru 3 . — No change .
4 . The Department of Planning Services shall post a sign for the applicant on the property in
question indicating that one ( 1 ) SEMI -TRAILER as ACCESSORY storage has been
requested for the property , the meeting date and a telephone number where further
information may be obtained . The sign shall be posted at least ten ( 10) days prior to the
meeting date and evidenced with a photograph .
5. The Department of Planning Services shall arrange for legal notice of said hearing to be
published in the newspaper designated by the Board of County Commissioners for
publication of notices at least ten ( 10) days prior to the hearing .
6 . The Board of County Commissioners shall consider any testimony of surrounding property
owners concerning the effects of the SEMI -TRAILER as ACCESSORY storage on the
surrounding properties and its compliance with the criteria set out in this Section Division ,
Division 12 - Parking of Commercial Vehicles
Amend Sec . 23-4-950. Intent and applicability.
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A . Where parking of a COMMERCIAL VEHICLE is permitted in Article III of this Chapter upon
issuance of a zoning permit , the permit may be issued by the Department of Planning Services
upon a determination that :
1 . The property upon which the COMMERCIAL VEHICLE is located is a LEGAL LOT of at
least one ( 1 ) acre .
2 . The COMMERCIAL VEHICLE will be removed from the property upon cessation of such
USE .
3 . The COMMERCIAL VEHICLE is compatible with the surrounding area .
4. The COMMERCIAL VEHICLE has current registration and license plates .
5 . The application complies with this Division 12 .
E . REPEALED .
Amend Sec. 23-4-960 . Commercial vehicle permit requirements.
An application for any Zoning Permit for a COMMERCIAL VEHICLE required by this Division
shall include the following :
A. thru E . — No change .
F . A sketch plan of the site at the scale of one ( 1 ) inch represents twenty (20) feet or other
suitable scale to show :
1 . The proposed parking location of the COMMERCIAL VEHICLE , including distances from
the property LOT lines and other STRUCTURES on the property .
2 . Access to be utilized by the COMMERCIAL VEHICLE indicating whether the access is
existing or proposed .
3 . and 4 . — No change .
5 . Identification of any COUNTY , state or federal STREETS/ROADS or highways .
6 . — No change .
G . An application fee . An additional fifty (50 ) percent of the application fee shall be added to the
cast of the application fee if the USE is started prior to issuance of a permit . The payment of
the investigation fee shall not relieve any persons from fully complying with the requirements
of this chapter, nor from any other penalties .
H . The requirements of this Division require the applicant to provide a certified list of the names ,
addresses and the corresponding Parcel Identification Number assigned by the County
Assessor of the owners of property (the surface estate) within five hundred ( 500) feet of the
property lines of the parcel on which the COMMERCIAL VEHICLE shall be placed . The source
of such list shall be the records of the County Assessor, or an ownership update from a title
or abstract company or attorney, derived from such records or from the records of the County
Clerk and Recorder. If the list was assembled from the records of the County Assessor, the
applicant shall certify that such list was assembled within thirty (30) days of the application
submission date .
I . — No change .
J . The COMMERCIAL VEHICLE shall be required to maintain current registration and license
plates .
Amend Sec . 23 -4-970 . Referral process.
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Upon determination that the application submittal is complete , the Department of Planning
Services shall :
A. Refer the application to applicable agencies listed in Appendix 23-G , as determined by the
Department of Planning Services . The failure of any agency to respond within twenty-one (21 )
days may be deemed to be a favorable response . The reviews and comments solicited by the
COUNTY are intended to provide the COUNTY with information about the proposed USE .
The COUNTY may consider all such reviews and comments and may solicit additional
information if such information is deemed necessary . The reviews and comments submitted
by a REFERRAL agency are recommendations to the COUNTY .
B . — No change .
Amend Sec. 23 -4-980 . Delegation of authority.
A. The Board of County Commissioners delegates the authority to issue a zoning permit for a
COMMERCIAL VEHICLE which otherwise requires the approval of the Board of county
commissioners through a public hearing process to the Department of Planning Services
upon a determination by the Department that:
1 . — No change .
2 . The Department of Planning Services has sent notice and has not received signed
notification from at least thirty percent (30% ) of surrounding property owners within five
hundred (500) feet of the subject property in opposition to the location of the
COMMERCIAL VEHICLE within twenty-eight (28) days.
B . If the Department of Planning Services denies the Permit , the applicant may appeal in writing
to the Director of Planning Services , within ten ( 10 ) days of receipt of the denial notice . A
hearing shall be scheduled with the Board of County Commissioners to provide the landowner
an opportunity to appeal the denial , for good cause shown . If the landowner does not submit
a written appeal , the denial becomes final .
C . If the Department of Planning Services does receive signed notification that thirty percent
(30%) or more of surrounding property owners within five hundred (500) feet of the subject
property are in opposition to the permitting of a COMMERCIAL VEHICLE , then the Board of
county commissioners shall review the application for compliance with the criteria set out in
this Section Division 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 a COMMERCIAL VEHICLE has been requested for the property ,
the meeting date and a telephone number where further information may be obtained . The
sign shall be posted at least ten ( 10) days prior to the meeting date and evidenced with a
photograph .
5 . The Department of Planning Services shall arrange for legal notice of said hearing to be
published in the newspaper designated by the Board of county commissioners for
publication of notices at least ten ( 10) days prior to the hearing .
6 . The Board of County Commissioners shall consider any testimony of surrounding property
owners concerning the effects of the COMMERCIAL VEHICLE on the surrounding
properties and its compliance with the criteria set out in this Section Division.
Division 13 - Home Occupation Permits
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Amend Sec. 23 -4-990. Home Occupation permit requirements .
A. Intent . A HOME OCCUPATION Zoning Permit shall be obtained for any HOME
OCCUPATION falling within the definition of a HOME OCCUPATION operation . The Board of
County Commissioners delegates the authority and responsibility for processing and
approving the zoning permit to the Department of Planning Services . The Department of
Planning Services shall also have the responsibility of ensuring that all application submittal
requirements are met prior to initiating any official action .
B . Application requirements . An application for any zoning permit for a HOME OCCUPATION
required by this Division shall include the following :
1 . — No change .
2 . Name , address and telephone number of the owner of the land if different from applicant .
3 . A copy of the most recent deed to the property and , if the applicant is not the property
owner, evidence of interest in the subject land held by the applicant , such as a lease
agreement or similar evidence .
4 . REPEALED . (Combined with item 3 above . )
5 . — No change .
6 . The application for a HOME OCCUPATION — CLASS la-II -.TF32 shall include a sketch plan
of the site at the scale of one ( 1 ) inch represents twenty (20) feet , or other suitable scale ,
to show:
a . The proposed parking location of any COMMERCIAL VEHICLE ( if applicable ) ,
including distances from the property LOT lines and other STRUCTURES on the
property. Notwithstanding any section of this Code to the contrary, a CLASS 11 HOME
OCCUPATION may include up to two (2 ) associated COMMERCIAL VEHICLES .
b . Access to be utilized , indicating whether the access is existing or proposed .
c . — No change .
d . REPEALED . <See number 13 below. )
e . Identification of any COUNTY, state or federal STREETS/ROADS or highways .
f. - No change .
g . The STRUCTURES in which the HOME OCCUPATION shall be operated shall be
appropriately labeled . The total area of USE shall also be delineated .
7 . An application fee. An additional fifty ( 50 ) percent of the application fee shall be added to
the cost of the application fee if the USE is started prior to issuance of a permit . The
payment of the investigation fee shall not relieve any persons from fully complying with
the requirements of this Chapter, nor from any other penalties.
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8 . The application for a HOME OCCUPATION — CLASS II shall include a certified list of the
names , addresses and the corresponding Parcel Identification Number assigned by the
County Assessor of the owners of property (the surface estate) within five hundred ( 500)
feet of the property lines of the parcel . The source of such list shall be the records of the
County Assessor, or an ownership update from a title or abstract company or attorney ,
derived from such records or from the records of the County Clerk and Recorder. If the list
was assembled from the records of the County Assessor, the applicant shall certify that
such list was assembled within thirty ( 30 ) days of the application submission date .
Inadvertent errors by the applicant in supplying such list , or the Department of Planning
Services in sending such notice , shall not create a jurisdictional defect in the permit
process , even if such error results in the failure of a surrounding property owner to receive
such notification .
9 . Whether the property is situated within a SUBDIVISION regulated by a Homeowners
Association ( HOA) . If applicable , contact information shall be provided .
10 . — No change.
11 . Evidence that a water supply of sufficient quality, quantity and dependability will belis
available to serve the proposed LOT and USE , if applicable . A letter from a water district
or municipality or a well permit are examples of evidence for domestic use .
12 . A statement explaining that the property has or will have adequate means for the disposal
of sewage in compliance with the requirements of the UNDERLYING ZONING DISTRICT
and the Department of Public Health and Environment, if applicable . An existing septic
system permit or a copy of a letter from a sanitation sewer district indicating existing
service or availability of sewage disposal to each proposed LOT are examples of evidence
for domestic use .
13 . A Weld County Access Permit.
14 . A Statement of Taxes from the County Treasurer showing no delinquent property taxes
for the area referred to in the application materials .
15 . Questionnaire provided by the Department of Planning Services .
C . Duties of Department of Planning Services and Board of County Commissioners for a CLASS
II HOME OCCUPATION zoning permit.
1 . Once a COMPLETE APPLICATION is submitted for a CLASS II HOME OCCUPATION ,
the Department of Planning Services shall refer the application to the applicable agencies
listed in Appendix 23-G , as determined by the Department of Planning Services . The
failure of any agency to respond within twenty-eight (28) days may be deemed a favorable
response . All REFERRAL agency review comments are considered recommendations to
the COUNTY . The authority and responsibility for approval and denial of a zoning permit
rests with the COUNTY .
2 . The Department of Planning Services shall send notice , mailed first-class , to owners of
LOTS within five hundred (500 ) feet of the subject property notifying them of the
application and their opportunity to object to the issuance of the zoning permit , which shall
be submitted by returning the signed form sent by the Department of Planning Services
within twenty-eight (28 ) days .
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3 . If the Department of Planning Services receives objections from the owners of at least
thirty (30) percent of those notified within twenty-eight (28) days , or if the Department of
Planning Services determines the application does not meet all applicable criteria and
requirements , the zoning permit shall be denied by the Department of Planning Services .
4 . The Department of Planning Services shall notify the applicant of the objections and the
denial of the zoning permit . The Department of Planning Services shall also provide the
applicant comments received from REFERRAL agencies. The applicant may appeal in
writing to the Department of Planning Services within ten ( 10) days of receipt of the denial
notice . If the applicant does not submit a written appeal within said ten ( 10) days , the
denial shall be final . If appealed , the following process shall be followed :
a . A public hearing shall be scheduled before the Board of county commissioners and
staff shall send notice, mailed first- class , to the applicant and owners of LOTS within
five hundred (500) feet of the subject property at least ten ( 10) days prior to the
hearing . The Department of Planning Services shall also notify the REFERRAL
agencies with comments of the hearing .
b . The Department of Planning Services shall post a sign on the property in question
indicating a zoning permit has been requested for the property, the hearing date , and
telephone number where further information may be obtained . The sign shall be
posted at least ten ( 10) days prior to the hearing date and evidenced with a
photograph .
c. The Department of Planning Services shall arrange for legal notice of said hearing to
be published in the newspaper designated by the Board of County Commissioners for
publication of notices at least ten ( 10) days prior to the hearing .
d . The Board of County Commissioners shall consider any testimony of owners of
surrounding property and REFERRAL agencies concerning the effects of the zoning
permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out
in this code ,
e . Following the public hearing , the Board of County Commissioners shall pass a
resolution affirming its decision as to whether to approve or deny the zoning permit .
The decision of the Board shall be final .
f. Notice is not required by state statute and is provided as a courtesy to surrounding
property owners . inadvertent errors by the applicant in supplying such list or the
Department of Planning Services in sending such notice shall not create a jurisdictional
defect in the permit process even if such error results in the failure of a surrounding
property owner to receive such notification ,
5 . The approval of the zoning permit may be conditioned or restricted to carry out the intent
of this chapter or to mitigate impacts or address concerns of REFERRAL agencies or
neighboring property owners. Conditions of approval shall be met prior to recording the
permit/agreement, and restrictions may be enforced by means of conditions in the
permitlagreement . If approved , the Department of Planning Services shall prepare a
permit/agreement . The permit/agreement shall address all aspects of the application ,
including but not limited to conditions or restrictions and the standards contained in this
Article .
6. REPEALED.
7 . REPEALED .
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D . Approval or denial of the zoning permit for a HOME OCCUPATION shall be based on the
following criteria :
1 . and 3 . — No change .
4. The HOME OCCUPATION shall not create any negative impacts to the public health :
safety and general welfare of the neighboring property owners , such as little or no
offensive noise , vibration , smoke , dust , odors , lighting , traffic congestion , trash
accumulation , heat, glare or electrical interference , or other hazard or nuisance noticeable
off the LOT.
5 . The proposal is consistent with the definition in Section 23- 1 -90 of this Chapter.
6 . REPEALED .
7 . The proposed zoning permit complies with this Division 13 of this Article .
8 . An access is or can be made available that provides for safe ingress and egress to a
PUBLIC STREET/ROAD . All accesses shall be in accordance with the access
requirements set forth in this Code .
E . A zoning permit for a HOME OCCUPATION shall not be transferable by the applicant and/or
owner to any successor and shall automatically expire upon conveyance or lease of the
property.
F . A CLASS I HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of
the DWELLING UNIT . A CLASS I I HOME OCCUPATION shall be conducted by the members
of the LIVING UNIT of the DWELLING UNIT plus no more than two (2) external employees .
G . There shall only be incidental sales of stocks , supplies or products conducted on the premises .
H . Signage for a CLASS I HOME OCCUPATION may consist of a maximum of one ( 1 )
nonilluminated SIGN no more than one ( 1 ) square foot in size which shall be attached to the
face of the DWELLING UNIT. Signage for a CLASS II HOME OCCUPATION may consist of
a maximum of one ( 1 ) nonilluminated SIGN no more than nine (9) square feet in size which
shall be attached to the face of the DWELLING UNIT .
I . A CLASS I HOME OCCUPATION shall not be accessible by the public , other than for a
FAMILY CHILD CARE HOME . Hours of operation for public access shall be limited to between
7 : 00 a . m . and 7 : 00 p . m . for a CLASS II HOME OCCUPATION .
J . A CLASS II HOME OCCUPATION shall not produce traffic volumes of more than sixteen ( 16)
average daily trips (eight (8) round 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 16 - Solar Facility
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Amend Sec. 23 -4- 1030. Solar facility.
A. The staff, Planning Commission and Board of County Commissioners shall consider the
following criteria in making their determination in approving or denying a permit for a Solar
Facility in addition to those criteria enumerated in Chapter 23 , Article II , Division 4 and its
impact on prime agricultural land which is defined as soils with agricultural capability
classifications of I , II and III as indicated on maps completed by the U . S . D.A . Natural
Resources Conservation Service .
B . — No change.
C . Landscaping is extremely important for enhancing the quality of DEVELOPMENT in the area .
Trees , shrubs and other plantings add greatly to the aesthetic appeal while reducing glare . As
no single landscaping plan can be prescribed for all DEVELOPMENTS due to differing land
features , topography and soils , these guidelines encourage flexible and creative landscape
designs . Landscaping/SCREENING shall include , at a minimum , decorative fencing , berming ,
and/or vegetation such that the facility is aesthetically pleasing as viewed from ADJACENT
properties and RIGHTS-OF-WAY.
D. All reasonable alternatives to the proposed location have been adequately assessed, and the
proposed action is consistent with the best interests of the people of the COUNTY and
represents a balanced USE of resources in the affected area.
E . -- No change .
F . No OUTDOOR STORAGE of any materials and equipment including , but not limited to , solar
panels and support STRUCTURES not in operation will be allowed .
C . No equipment associated with the solar facility shall be located nearer than thirty ( 30) feet to
the boundary of ADJACENT properties , irrigation ditches and/or RIGHTS-OF-WAY . The
Board of County Commissioners may set a greater distance than mentioned above when , in
its opinion , it is justified .
H . No change .
Division 16 - Cargo containers
Sec. 23 -4-1100 . Cargo containers used for storage, an office, a dwelling or any habitable
use.
A CARGO CONTAINER shall require the issuance of a building permit and compliance with
all applicable provisions of this Code , including Article V of this Chapter. The following conditions
shall apply :
A . Electricity is the only utility that shall be connected to a CARGO CONTAINER USED solely
for storage . CARGO CONTAINERS designed and retrofitted for habitation may be connected
to wet and dry utilities such as water, sewer and electricity .
B . A CARGO CONTAINER shall not be allowed to fall into a state of disrepair. Such disrepair
may include a CARGO CONTAINER that is partially or totally damaged by fire, earthquake ,
wind or other natural causes , or is in a state of general dilapidation , deterioration or decay
resulting from a lack of maintenance, vandalism or infestation with vermin or rodents . Any
such CARGO CONTAINER shall be restored to , and maintained in , the original condition it
was in at the time it was placed on the site as established by the original inspection by the
Department of Building Inspection , or it shall be removed from the site .
C . CARGO CONTAINERS shall not be stacked on top of each other.
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D . A CARGO CONTAINER shall not be USED in any manner to display a SIGN .
Division 17 — Zoning Permits for Certain Uses in the Agricultural Zone District
Sec . 23 -4- 1200. Uses requiring zoning permits in the agricultural zone district.
A. A zoning permit for USES listed in Article III of this Chapter as requiring issuance of a zoning
permit under this Division 17 may be approved if the USE complies with the criteria herein .
The Board of County Commissioners delegates the authority and responsibility for processing
and approving these zoning permits to the Department of Planning Services as long as the
application meets the criteria of this section and any other applicable requirements within this
Chapter 23 . If the Director of Planning Services determines the application does not provide
sufficient evidence showing the standards set forth in this Division 17 will be met , he or she
will forward the application to the Board of County Commissioners for its review and
consideration following a public hearing . Criteria for approval include:
1 . The subject property is a LEGAL LOT.
2 . The application complies or will comply with the conditions in Section 23-44-7301124Qm -
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 U B E is compatible with the general health , safety and welfare of the
inhabitants of the area and the COUNTY.
B . 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 U B E has adequate access and STREET/ROAD or highway facilities
providing access to the property are adequate in size to meet the requirements of the
proposed USE .
10 . In those instances where the following characteristics are applicable to the request, the
applicant has demonstrated compliance with the applicable standards:
a . If the proposed USE is located within any OVERLAY ZONING DISTRICT or SPECIAL
FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY , the
applicant shall demonstrate compliance with the COUNTY regulations concerning
OVERLAY ZONING DISTRICTS and SPECIAL FLOOD HAZARD AREAS .
b . The proposed USE of any area known to contain a COMMERCIAL MINERAL
DEPOSIT shall not interfere with the present or future extraction of such deposit by an
EXTRACTOR to any greater extent than under the present USE of the property.
c . If soil conditions on the site are such that they present moderate or severe limitations
to the construction of STRUCTURES or facilities proposed for the site , the applicant
shall demonstrate that such limitations can be overcome and that the limitations will
be addressed by the applicant and/or the applicant' s successors or assigns prior to
the DEVELOPMENT of the property .
B . A preapplication conference with the Department of Planning Services may be required .
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C . If approved , the zoning permit—inch-Aging any conditions of pprov r -(JF34] the Zoning
Permit Plan shall be recorded by the Department of Planning Services prior to commencement
of the USE or construction . The applicant shall pay the recording fee . If the required
documents have not been recorded within ninety (90) days from the date of approval or if an
applicant is unwilling or unable to meet any of the conditions within ninety ( 90) days of
approval , the Director of Planning Services may refer the application to the Board of County
Commissioners , which may revoke the zoning permit following a public hearing . The applicant
shall be notified of the public hearing at least ten ( 10 ) days prior to the hearing . Prior to said
hearing , the Director of Planning Services may grant a one-time extension of up to ninety (90)
days , for good cause shown , upon a written request by the applicant . Before this extension
has expired , the applicant may seek a further extension from the Board of County
Commissioners by written request to the Director of Planning . If the Board of County
Commissioners denies the extension or if the conditions are not met and the required
documents recorded by the date specified by the Board , the zoning permit approval shall be
voided , and the application denied .
Sec . 23-4-1210 . Operation standards.
The applicant shall demonstrate conformance with the following operation standards in the
zoning permit application to the extent that the standards affect location , layout and design of the
USE prior to construction and operation . Once operational , the operation of the USE permitted
shall conform to these standards .
A. The operation of the USES shall comply with the noise standards enumerated in Section
25- 12- 101 , et seq . , C . R. S .
B . The operation of the USES shall comply with the air quality regulations promulgated by the
Colorado Air Quality Control Commission .
C . The operation of the USES shall comply with the water quality regulations promulgated by the
Colorado Water Quality Control Commission .
D . The USES shall comply with the following lighting standards :
1 . Sources of light , including light from high-temperature processes such as combustion or
welding , shall be shielded so that light rays will not shine directly onto ADJACENT
properties where such would cause a nuisance or interfere with the USE on the
ADJACENT properties ; and
2 . Neither direct nor reflected light from any light source may create a traffic hazard to
operators of motor vehicles on PUBLIC or private STREETS/ROADS and no colored lights
may be used which may be confused with or construed as traffic control devices .
E . The USES shall not emit heat so as to raise the temperature of the air more than five ( 5)
degrees Fahrenheit at or beyond the LOT line .
F. Property shall be maintained in such a manner that grasses and weeds are not permitted to
grow taller than twelve ( 12) inches . In no event shall the property owner allow the growth of
NOXIOUS WEEDS .
G[JF3517 The applicant shah provide a narrative--or-preli in-ary draina --s n ac or+ ante--w -
the stor--
Any-etf-site and on -site Improvements-Agreement shall be made in cofl r4v 6e- =wit -4he
County p icy--on,.-collatoral-fo
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if Up to nine (9) COIVIIVERCIAL VEHICLES associated with the zoning permit USE shall be
allowed to be parked on - slte . pti361
Sec . 23-4-1220. Application requirements.
The following shall be submitted as a part of a zoning permit application :
A . An application on a form supplied by the Department of Planning Services . The application
shall include the following :
1 . Parcel number(s) of the subject property .
2 . The name , address, email and telephone number of the applicant and property owner, if
different from the applicant .
3 . Signature of the applicant. If the applicant is not the owner of the property , an authorization
letter signed by the property owner shall be included .
B . A summary statement of the project including , as applicable..
1 . A description of the proposed USE .
2 . Proposed hours of operation .
. 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 .
, 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 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
a _� by
WITNESS my hand and official seal .
My commission expires :
Notary Public
b . Department of Planning Services' Administrative Review Certificate :
This Zoning Permit Plan is accepted and approved for filing .
Director of Planning Services
The foregoing certificate was acknowledged before me this day of
, by
WITNESS my hand and official seal
My commission expires :
Notary Public
D. Evidence that a water supply of sufficient quality, quantity and dependability is or will be
available to serve the proposed USE , if applicable . A letter, permit, or bill from a water district ,
municipality, or the Division of Water Resources are examples of evidence .
E . Evidence that adequate means for the disposal of sewage for the proposed USE is or will be
available in compliance with the requirements of the zone district and the Department of Public
Health and Environment, if applicable .
F . A copy of a deed or legal instrument identifying the applicant' s interest in the property under
consideration .
G . A certified list of the names , addresses and the corresponding Parcel Identification Numbers
assigned by the County Assessor of the owners of LOTS within five hundred (500) feet of the
property subject to the application . The source of such list shall be the records of the County
Assessor, or an ownership update from a title or abstract company or attorney derived from
such records , or from the records of the County Clerk and Recorder. If the list was assembled
from the records of the County Assessor, the applicant shall certify that such list was
assembled within thirty (30) days of the application submission date .
H . A Statement of Taxes from the County Treasurer showing no delinquent property taxes for
the property under consideration .
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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 .
�l! _ The application fee . An additional fifty (50) percent of the application fee shall be added to the
cost of the application fee if the U S E 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 The applicant shall provide a narrative cr pr li .inter drE41na 5 stud in accordance with the
stormwate!r drainage criteria requirements of this Code .
J L.Any off-site and on -site improvements Agreement shall be made in conformance with the
County policy on collateral for improvements.
Sec . 23-4-1230 . - Notification and appeal of denial .
A. Once an application that is subject of this Division 17 is deemed complete by the Department
of Planning Services , the Department of Planning Services shall send the application to
applicable agencies listed in Appendix 23-G , as determined by the Department of Planning
Services . The failure of any agency to respond within twenty-eight (28) days may be deemed
a favorable response . All REFERRAL agency review comments are considered
recommendations. The authority and responsibility for approval and denial of a zoning permit
rests with the Department of Planning Services .
B . The Department of Planning Services shall send notice, mailed first-class , to owners of LOTS
within five hundred (500) feet of the subject property notifying them of the application and their
opportunity to object to the issuance of the zoning permit, which shall be submitted by
returning the signed form sent by the Department of Planning Services within twenty-eight
(28) days .
C . Within sixty (60) days of receiving a complete application , the Department of Planning
Services shall provide a written report to the applicant and provide the applicant comments
received from REFERRAL agencies and any objections received from the property owners
notified . The applicant shall be given the opportunity to revise the application to address the
concerns raised . If the Director of Planning Services is satisfied with the applicant ' s efforts to
address all concerns, the Director of Planning Services may approve the zoning permit . If the
applicant is unwilling or unable to address all concerns to the satisfaction of the Director of
Planning Services , the Director of Planning Services shall schedule a public hearing before
the Board of County Commissioners for its review and decision following a public hearing .
1 . If scheduled for a public hearing before the Board of County Commissioners, staff shall
send notice , mailed first-class , to the applicant and owners of LOTS within five hundred
(500) feet of the subject property at least ten ( 10) days prior to the hearing . REFERRAL
agencies with comments shall also be notified at least ten ( 10) days prior to the hearing .
2 . The Department of Planning Services shall post a sign on the subject property indicating
a hearing has been scheduled , the hearing date, and telephone number where further
information may be obtained . The sign shall be posted at least ten ( 10) days prior to the
hearing date and evidenced with a photograph .
3 . The Department of Planning Services shall arrange for legal notice of said hearing to be
published in the newspaper designated by the Board of County Commissioners for
publication of notices at least ten ( 10 ) days prior to the hearing .
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4 . The Board of County Commissioners shall hold a public hearing and consider testimony
of owners of surrounding property and REFERRAL agencies concerning the effects of the
zoning permit on the NEIGHBORHOOD and its compliance with the applicable criteria set
out in this Code .
5 . Following the public hearing , the Board of County Commissioners shall adopt a resolution
affirming its decision as to whether to approve or deny the zoning permit. The decision of
the Board shall be final .
6 . Notice is not required by state statute and is provided as a courtesy to surrounding
property owners . Inadvertent errors by the applicant in supplying such list or the
Department of Planning Services in sending such notice shall not create a jurisdictional
defect in the permit process even if such error results in the failure of a surrounding
property owner to receive such notification .
Sec . 23 -4-1240. - Conditions, enforcement; and revocation of zoning permit.
A. USES approved through this Division 17 shall also be subject to additional requirements
contained in Article V of this Chapter as applicable .
B . No USE permitted by zoning permit shall create any unreasonable adverse impacts to the
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
reg ulations .
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 prof '1JF37}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
onstr action has not commenced the conditions arc n t- mae _and the ree u red -deeuments
recorded sjby the date specified by the Board , the zoning permit approval shall be voided ,
pp
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 .
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C . The Director of Planning Services may revoke a zoning permit if the USE is discontinued for
a period of three (3 ) consecutive years . Should the Department of Planning Services observe
or receive credible evidence of such a discontinuance , the Department shall notify the property
owner by first- class mail . If the property owner objects to the revocation of the zoning permit
within thirty ( 30) days , the Director of Planning Services may schedule a public hearing before
the Board of County Commissioners for its review and decision . The applicant shall be notified
of the public hearing at least ten ( 10) days prior to the hearing .
H . The Department of Planning Services may permit minor amendments to an approved zoning
permit without a complete application for a new zoning permit, notification to surrounding
property owners , or REFERRAL to agencies . The applicant shall provide a written summary
of the proposed amendment(s) and any other documentation required by the Department of
Planning Services . An increase of ten ( 10) percent or more in impervious surface area or an
increase of ten ( 10) percent or more in traffic shall not be considered a minor amendment, if
the Director of Planning Services determines the proposed amendment does not qualify as a
minor amendment , the proposed amendment shall require a new zoning permit .
I . Any USE listed in Article III of this Chapter as requiring issuance of a zoning permit under this
Division 17 , but which was in lawful existence at the time of adoption of this Division 17 , may
continue without obtaining a zoning permit so long as the USE is not discontinued for a period
of three (3) consecutive years . The Department of Planning Services may permit minor
amendments to such USE in accordance with the preceding Subsection .
ARTICLE V - Overlay Districts
Division 1 - A-P ( Airport) Overlay District
Amend Sec. 23 -5-10. Definitions .
For the purposes of this Article V, certain terms or words used herein shall be interpreted as
defined in Section 23- 1 -90 .
Amend Sec. 23 -5-20. Greeley-Weld County Airport zones.
In order to carry out the provisions of this Chapter, there are hereby created and established
certain zones which include all of the land lying beneath the APPROACH SURFACES ,
TRANSITIONAL SURFACES , HORIZONTAL SURFACES and CONICAL SURFACES as they
apply to the GREELEY-WELD COUNTY AIRPORT. Such zones are shown on the
GREELEY-WELD COUNTY AIRPORT Airspace ( FAR Part 77 Surface) , being Exhibit IV of the
document entitled , "Airport Master Plan , " dated December 15 , 2003 , a copy of which is on file at
the Clerk to the Board ' s office and the Department of Planning Services . An area located in more
than one ( 1 ) of the following zones is considered to be only in the zone with the more restrictive
HEIGHT limitation . The various zones are hereby established and defined as follows :
A. Utility Runway Visual Approach Zone : The inner edge of this APPROACH ZONE coincides
with the width of the PRIMARY SURFACE and is two hundred fifty (250) feet wide . The
APPROACH ZONE expands outward uniformly to a width of one thousand two hundred fifty
( 1 , 250) feet at a horizontal distance of five thousand (5, 000 ) feet from the PRIMARY
SURFACE . Its centerline is the continuation of the centerline of the RUNWAY .
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B . Runway Larger Than Utility Visual Approach Zone : The inner edge of this APPROACH ZONE
coincides with the width of the PRIMARY SURFACE and is one thousand ( 1 , 000) feet wide .
The APPROACH ZONE expands outward uniformly to a width of one thousand five hundred
( 1 , 500 ) feet at a horizontal distance of five thousand (5 , 000 ) feet from the PRIMARY
SURFACE . Its centerline is the continuation of the centerline of the RUNWAY.
C . Precision Instrument Runway Approach Zone : The inner edge of this APPROACH ZONE
coincides with the width of the PRIMARY SURFACE and is one thousand ( 10O0) feet wide .
The APPROACH ZONE expands outward uniformly to a width of sixteen thousand ( 16 , 000)
feet at a horizontal distance of fifty thousand <50 , 000 ) feet from the PRIMARY SURFACE . Its
centerline is the continuation of the centerline of the RUNWAY.
D . Transitional Zone : The TRANSITIONAL ZONES are the areas beneath the TRANSITIONAL
SURFACES .
E . Horizontal Zone : The HORIZONTAL ZONE is established by swinging arcs of five thousand
(5000) feet radii for all RUNWAYS designated utility or visual and ten thousand ( 10 , 000) feet
for ail others from the center of each end of the PRIMARY SURFACE of each RUNWAY and
connecting the adjacent arcs by drawing lines tangent to those arcs . The HORIZONTAL
ZONE does not include the APPROACH and TRANSITIONAL ZONES .
F . Conical Zone : The CONICAL ZONE is established as the area that commences at the
periphery of the HORIZONTAL ZONE and extends outward therefrom a horizontal distance
of four thousand (4, 000) feet .
Amend Sec. 23-5-30 . Airport Zone height limitations.
Except as otherwise provided in this Chapter , no STRUCTURE shall be erected , altered or
maintained , and no TREE shall be allowed to grow, in any Greeley-Weld County Airport Zone
described in Section 23-5-20 to a HEIGHT in excess of the applicable HEIGHT herein established
for such zone . Such applicable HEIGHT limitations are hereby established for each of the zones
in question as follows :
A. Utility Runway Visual Approach Zone: Slopes of twenty (20 ) feet outward for each foot upward ,
beginning at the end of and at the same elevation as the PRIMARY SURFACE and extending
to a horizontal distance of five thousand (5000) feet along the extended RUNWAY centerline .
S . Runway Larger Than Utility Visual Approach Zone: Slopes twenty (20) feet outward for each
foot upward beginning at the end of and at the same elevation as the PRIMARY SURFACE
and extending to a horizontal distance of five thousand (5 : 000 ) feet along the extended
RUNWAY centerline .
C . Precision Instrument Runway Approach Zone: Slopes fifty (50) feet outward for each foot
upward beginning at the end of and at the same elevation as the PRIMARY SURFACE and
extending to a horizontal distance of ten thousand ( 10 , 000) feet along the extended RUNWAY
centerline ; thence slopes upward forty (40) feet horizontally for each foot vertically to an
additional horizontal distance of forty thousand (40, 000 ) feet along the extended RUNWAY
centerline .
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D . Transitional Zone : Slopes seven (7) feet outward for each foot upward beginning at the sides
of, and at the same elevation as , the PRIMARY SURFACE and the APPROACH SURFACE ,
and extending to a HEIGHT of one hundred fifty ( 150 ) feet above the AIRPORT ELEVATION
which is four thousand six hundred ninety (4 , 690) feet above MEAN SEA LEVEL . In addition
to the foregoing , there are established HEIGHT limits sloping seven (7) feet outward for each
foot upward beginning at the sides of and the same elevation as the APPROACH SURFACE ,
and extending to where they intersect the CONICAL SURFACE . Where the PRECISION
INSTRUMENT RUNWAY APPROACH ZONE projects beyond the CONICAL ZONE , there
are established HEIGHT limits sloping seven ( 7) feet outward for each foot upward beginning
at the sides of and the same elevation as the APPROACH SURFACE , and extending a
horizontal distance of five thousand ( 5 , 000 ) feet measured at ninety-degree angles to the
extended RUNWAY centerline .
E . — No change .
F . Conical Zone : Slopes twenty ( 20) feet outward for each one ( 1 ) foot upward beginning at the
periphery of the HORIZONTAL ZONE and at one hundred fifty ( 150) feet above the AIRPORT
ELEVATION and extending to a HEIGHT of three hundred fifty ( 350) feet above the AIRPORT
ELEVATION .
Amend Sec. 23-5-40 . Use restriction .
Notwithstanding any other provisions of this Division , no USE may be made of land or water
within any zone established by this Division in such a manner as to create electrical interference
with navigational signals or radio communication between the GREELEY-WELD COUNTY
AIRPORT and aircraft, make it difficult for pilots to distinguish between GREELEY-WELD
COUNTY AIRPORT lights and others , result in glare in the eyes of pilots using the
GREELEY-WELD COUNTY AIRPORT, impair visibility in the vicinity of the GREELEY-WELD
COUNTY AIRPORT , create bird strike hazards or otherwise in any way endanger or interfere with
the landing , takeoff or maneuvering of aircraft intending to use the GREELEY-WELD COUNTY
AIRPORT .
Amend Sec. 23 -5-50. Nonconforming use .
A. Regulations not retroactive . The regulations prescribed in this Division shall not be construed
to require the removal , lowering or other change or alteration of any STRUCTURE or TREE
not conforming to the regulations as the effective date of the ordinance codified herein , or
otherwise interfere with the continuance of a NONCONFORMING USE . Nothing contained
herein shall require any change in the construction , alteration or intended USE of any
STRUCTURE , the construction or alteration of which was begun prior to the effective date of
the ordinance codified herein , and is diligently prosecuted .
B . Marking and lighting : Notwithstanding the preceding provision of this Section , the owner of
any existing NONCONFORMING STRUCTURE or TREE is hereby required to permit the
installation , operation and maintenance thereon of such markers and lights as shall be
deemed necessary by the Greeley-Weld County Airport Authority to indicate to the operators
of aircraft in the vicinity of the GREELEY-WELD COUNTY AIRPORT the presence of such
OBSTRUCTION . Such markers and lights shall be installed , operated and maintained at the
expense of the Greeley-Weld County Airport Authority.
Amend Sec . 23-5-60 . Variances.
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Any person desiring to erect or increase the HEIGHT of any STRUCTURE , permit the growth
of any TREE or USE property not in accordance with the regulations prescribed in this Division
may apply to the Board of Adjustment for a VARIANCE from such regulations under Section
23-6 - 10 . A. The application for VARIANCE shall be accompanied by a determination from the
Federal Aviation Administration as to the effect of the proposal on the operation of air navigation
facilities and the safe , efficient use of navigable airspace .
Division 2 - Geologic Hazard Overlay District
Amend Sec . 23-5-110. Purpose.
The purpose and intent of the Geologic Hazard Overlay District regulations shall be to :
A . Minimize hazards to public health and safety or to property in GEOLOGIC HAZARD AREAS .
B . Promote safe USE of GEOLOGIC HAZARD AREAS .
C . — No change .
D . Protect the public from the burden of excessive financial expenditures caused by damage
from GEOLOGIC HAZARDS by regulating land USES within GEOLOGIC HAZARD AREAS .
Amend Sec . 23-5- 120. Disclaimer of liability .
The regulation of a GEOLOGIC HAZARD AREA by the Overlay regulations does not
constitute an affirmation by the COUNTY that lands outside the regulated area as defined on
maps adopted by the Board of County Commissioners will be free from the GEOLOGIC HAZARD ,
Amend Sec . 23 -5- 130 . Building permit requirements .
The soils report submitted with the building permit application shall include geotechnical
recommendations stamped by a registered engineer and shall be submitted to the Building
Department along with the building permit application . The study shall specify that the foundation
and STRUCTURE design are appropriate for the specific site . No certificate of occupancy shall
be issued until the Building Official is satisfied that the STRUCTURES have been constructed in
compliance with the geotechnical recommendations .
Amend Sec. 23 -5-140 . Establishment of District
There is hereby established in the COUNTY a Geologic Hazard Overlay District .
A. The Geologic Hazard Overlay District includes land which is within a GEOLOGIC HAZARD
AREA . The Colorado Geological Survey (CGS) and US Geological Survey ( USGS) jointly
developed a digital map delineating coverages based on previous studies pertaining to the
location and distribution of abandoned underground coal mines in the Boulder-Weld coal field
north and northwest of the Denver metropolitan area .
B . The regulated areas delineating the Extent of Abandoned Coal- Mine Workings and Locations
of Mine Shafts , Adits , Air Shafts , and Faults , as amended , is available in electronic format for
public inspection at the USGS webpage portal . Weld County GIS monitors this electronic link
for amendments and provides electronic access to this information through the County GIS
portal . Where there is a conflict between the boundary lines illustrated on the map and the
actual field conditions , the disputes shall be settled according to Article VI of this Chapter.
Division 3 — Reserved .
Division 4 - REPEALED. ( See Chapter 27. )
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ARTICLE VI - Board of Adjustment.
Amend Sec. 23 -6- 10. Powers and duties.
A. The Board of Adjustment shall have the powers and duties enumerated below . The powers
and duties as listed shall be exercised in conformance with the laws of the State and in
conformance with the terms and conditions included in this Chapter. The powers of the Board
of Adjustment shall be exercised in harmony with the intent of this Chapter or Chapter 26 or
27 , as applicable , the intent of Chapter 22 of this Code and the public interest.
1 . The Board of Adjustment has the power to hear and decide appeals from decisions
concerning zoning issues made by any official employed by the COUNTY in the
administration or enforcement of this Chapter, Chapter 26 , or Chapter 27 .
2 . When there is an appeal of an administrative decision , the Board of Adjustment may, so
long as such action is in conformance with the terms of this chapter, chapter 26 , or
Chapter 27 , as applicable , reverse , affirm or modify the order, decision or determination
appealed from .
B . — No change .
C . The Board of Adjustment has the power to hear and decide VARIANCES from the terms of
this Chapter, with the exception of VARIANCES from Article XI , Floodplain Management
Ordinance , which are heard and decided by the Board of County Commissioners . The Board
of Adjustment also has the power to hear and decide VARIANCES from the terms of Chapters
26 and 27 of this Code where Chapters 26 and 27 are applied to individual LOTS or parcels .
VARIANCES may be brought to the Board of Adjustment when , because of special conditions
relating to the subject land , a literal enforcement of the provisions of this Chapter, Chapter 26 ,
or Chapter 27 of this Code would result in unnecessary hardship to the appellant.
1 . — No change.
2 . No relief may be granted when the result of granting the requested relief is detrimental to
the public good or when the relief is contrary to the purpose and intent of this Chapter or
Chapter 26 or 27 , as applicable .
3 . In granting any VARIANCE , the Board of Adjustment may prescribe appropriate conditions
and safeguards in conformity with this chapter and Chapters 26 and 27 of this Code .
VIOLATION of such conditions and safeguards , when made a part of the terms under
which the VARIANCE is granted , shall be deemed a VIOLATION of this chapter and said
Chapters 26 and 27 and punishable under Article X of this Chapter.
4 . Under no circumstances shall the Board of Adjustment grant a VARIANCE to allow a USE
not permissible under the terms of this Chapter in the district involved , or any USE
expressly or by implication prohibited by terms of this Chapter or said Chapters 26 and
27 .
5 . No appeal of an administrative decision to the Board of Adjustment shall be allowed for
BUILDING USE or LOT USE VIOLATIONS prosecuted under the terms of Article X of this
Chapter.
6 . No NONCONFORMING USE of neighboring LOTS , STRUCTURES or BUILDINGS in the
same district , and no permitted or NONCONFORMING USE of LOTS , STRUCTURES or
BUILDINGS in other districts shall be considered grounds for the issuance of a
VARIANCE .
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7 . No VARIANCE from Chapters 26 and 27 of this Code shall be allowed where the term
from which the VARIANCE is sought is one that was raised as an issue during the PUD
zone or final plat process .
Amend Sec. 23 -6-20 . Appeals of administrative decisions.
Appeals to the Board of Adjustment brought under the provisions of Section 23-6- 10 . A. above
shall be made within thirty (30) days of the order, requirement , decision or refusal alleged to be
in error. Appeals of administrative decisions shall be made and processed as set forth below.
A . Application Requirements . Applications to appeal administrative decisions shall be in written
form according to the following requirements :
1 . An application for appeal on the form as prescribed and furnished by the Department of
Planning Services with the property owner' s signature. If an authorized agent signs, a
letter of authorization signed by all fee owners shall be included with the application . if the
property is owned by a corporation , evidence that the signatory has the legal authority to
sign for the corporation shall be included .
2 . A citation of the Code section which is the subject to the disagreement .
3 . A written description of the grounds for the appeal ; and the reasons held by the appellant
for the favored interpretation .
4 . Any other information determined to be necessary by the Board of Adjustment that will aid
the Board of Adjustment in making a decision which will not impair the intent and purpose
of this Chapter.
5 . The application fee .
B . Duties of the Department of Planning Services . The Department of Planning Services shall :
1 . Review the application and determine that it is complete before scheduling consideration
of the appeal by the Board of Adjustment.
2 . — No change .
3. Review the application for consideration of the appeal and prepare comments for use by
the Board of Adjustment, addressing all aspects of the appeal , its conformance with sound
land use planning practices , the effect of granting or denying the appeal , its conformance
with Chapter 22 of this Code and MASTER PLANS of affected municipalities .
4 . Post a sign on the property under consideration in a location readily visible from the
adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten
( 10) days preceding the hearing date . In the event the property under consideration is not
adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY , a second sign at the point at
which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY
will be posted . The sign posting will be evidenced with a photograph .
C . Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to
consider the appeal . The concurring vote of four (4) members of the Board of Adjustment shall
be necessary in order to decide in favor of the applicant on any appeal of an administrative
decision . The Board's decision shall be based only upon the information presented at the
public hearing and its interpretation of Chapter 23 of this Code.
Amend Sec. 23 -6 -30 . Appeals for interpretation of zone district boundaries or lot lines .
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Appeals to the Board of Adjustment brought pursuant to Subsection 23-6- 10 . B above shall be
made and processed as set forth below:
A. Application Requirements . Appeals for interpretation of zone district boundaries or of LOT
lines shall be made in written form according to the following requirements :
1 . An application for appeal on the form as prescribed and furnished by the Department of
Planning Services with the property owner' s signature . If an authorized agent signs , a
letter of authorization signed by all fee owners shall be included with the application . If the
property is owned by a corporation , evidence that the signatory has the legal authority to
sign for the corporation shall be included .
2 . and 3 . — No change .
4 . The application fee.
B . Duties of the Department of Planning Services . The Department of Planning Services shall :
1 . Review the application and determine that it is complete before scheduling consideration
of the appeal by the Board of Adjustment .
2 . — No change .
3. Review the application for consideration of the appeal and prepare comments for use by
the Board of Adjustment, addressing all aspects of the appeal , its conformance with sound
land USE planning practices, the effect of granting or denying the appeal , its conformance
with Chapter 22 of this Code and MASTER PLANS of affected municipalities .
4. Post a sign on the property under consideration in a location readily visible from the
adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten
( 10) days preceding the hearing date . In the event the property under consideration is not
adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at
which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF -WAY
will be posted . The sign posting will be evidenced with a photograph .
C . Duties of the Board of Adjustment . The Board of Adjustment shall hold a public hearing to
consider the appeal . The concurring vote of four (4) members of the Board of Adjustment shall
be necessary in order to decide in favor of the appellant on any appeal for interpretation of
zone district boundaries or LOT lines . The Board's decision shall be based upon only the
information presented at the public hearing and its interpretation of Chapter 23 of this Code .
Amend Sec . 23-6-40 . Appeals for variance.
Appeals to the Board of Adjustment brought pursuant to Subsection 23-6- 10 . C above shall be
made and processed as set forth below.
A . Application Requirements . An application for a VARIANCE in the application of specific terms
or requirements in this Chapter shall be made in written form according to the following
requirements :
1 . A VARIANCE application on the form as prescribed and furnished by the Department of
Planning Services with the property owner's signature . If an authorized agent signs , a
letter of authorization signed by all fee owners shall be included with the application . If the
property is owned by a corporation , evidence that the signatory has the legal authority to
sign for the corporation shall be included .
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2 . A plot plan showing the location of existing features , such as STRUCTURES , fences ,
streams, PUBLIC or private RIGHTS-OF-WAY and STREETS/ROADS , access , etc . The
plot plan shall include all proposed STRUCTURES .
3 . and 4 . — No change .
5 . A statement that demonstrates that literal interpretation of the provisions of this Chapter
would deprive the appellant of rights commonly enjoyed by other property owners in the
same zoning district under the terms of this Chapter.
6. and 7 . — No change .
8 . Evidence that demonstrates that the VARIANCE requested is the minimum VARIANCE
that will make possible the reasonable USE of the LOT, BUILDING or STRUCTURE .
9 . — No change .
10 . The application fee .
B . Duties of the Department of Planning Services .
1 . The Department of Planning Services shall review the application and determine that it is
complete before scheduling consideration of the appeal by the Board of Adjustment.
2 , The Department of Planning Services shall arrange for publication of notice of the public
hearing to be held by the Board of Adjustment once in the newspaper designated by the
Board of County Commissioners for publication of legal notices . The date of publication
shall be at least ten ( 10) days prior to the scheduled hearing .
3 . The Department of Planning Services shall mail by first class , ten < 10) days prior to the
scheduled hearing , a notice of the public hearing to the owners of the surface estate
located within five hundred (500) feet of the parcel under consideration for the VARIANCE .
The Department's source of the ownership information shall be the application for
VARIANCE submitted by the appellant .
4 . The Department of Planning Services shall review the application for consideration of the
VARIANCE and shall prepare comments for use by the Board of Adjustment, addressing
all aspects of the VARIANCE , its conformance with sound land USE planning practices ,
the effect of granting or denying the VARIANCE and its conformance with Chapter 22 of
this Code and MASTER PLANS of affected municipalities .
5. Post a sign on the property under consideration in a location readily visible from the
adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY . The sign will be posted at least ten
010) days preceding the hearing date . In the event the property under consideration is not
adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY , a second sign at the point at
which the driveway ( access drive ) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY
will be posted . The sign posting will be evidenced with a photograph .
C . Duties of the Board of Adjustment . The Board of Adjustment shall hold a public hearing to
consider the VARIANCE . The concurring vote of three (3) members of the Board of
Adjustment shall be necessary in order to decide in favor of the appellant on any VARIANCE .
An appeal for VARIANCE of the terms of this Chapter, Chapter 26 or Chapter 27 of this Code
shall not be granted until and unless the Board of Adjustment, based only upon the information
presented at the public hearing and its interpretation of this Code, has found and determined
that:
1 . — No change .
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2 . Literal interpretation of the provisions of this chapter would deprive the appellant of rights
commonly enjoyed by other property owners in the same zoning district under the terms
of this Chapter.
3 . — No change.
4 . The reasons set forth in the application and testimony justify the granting of the
VARIANCE , and the VARIANCE is the minimum VARIANCE that will make possible the
reasonable USE of the LOT, BUILDING or STRUCTURE .
5 . The granting of the VARIANCE will be in harmony with the purpose and intent of this
Chapter, and will not be injurious to the NEIGHBORHOOD or otherwise detrimental to the
public health , safety or welfare .
Amend Sec . 23-6 -50 . Reserved .
ARTICLE VII - Nonconforming Uses and Structures
Amend Sec . 23-7 -10 . Intent.
Within the zoning districts established by this Chapter or amendments thereto , there exist
STRUCTURES , USES of land or STRUCTURES , and characteristics of USE which were lawful
before zoning regulations were passed or amended , but which would be prohibited , regulated or
restricted under the terms of this chapter or future amendment . It is the intent of this Article to
permit these nonconformities to continue until they are removed or abandoned , but not to
encourage their survival . It is further the intent of this Article that nonconformities shall not be
enlarged upon , expanded or extended , nor be used as justification for adding other
STRUCTURES or USES prohibited elsewhere in the same zoning district . NONCONFORMING
USES are declared by this Article to be incompatible with permitted USES in the zoning districts
involved .
Amend Sec . 23-7-20. REPEALED.
Amend Sec . 23-7-30. Nonconforming uses of land .
Where at the time of passage of this Chapter , or of passage of future amendments of this
Chapter, a lawful USE of land exists which would not be permitted by the regulations imposed by
this Chapter or future amendment, the USE may be continued so long as it remains otherwise
lawful , provided that the following conditions are met:
A. Extension or expansion .
1 . No such NONCONFORMING USE shall be enlarged or increased , nor extended to occupy
a greater area of land than was occupied at the effective date of adoption of the ordinance
codified herein or amendment of this Chapter.
2 . A NONCONFORMING USE shall not be extended or enlarged after adoption of the
ordinance codified herein or amendment of this chapter by erection of additional SIGNS
intended to be seen from off the premises , or by the addition of other USES which would
be prohibited in the zoning district involved .
3. No such NONCONFORMING USE shall be moved in whole or in part to any portion of the
LOT or parcel other than that occupied by such USE at the effective date of adoption of
the ordinance codified herein or amendment of this Chapter.
S. Substitution of USES .
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1 . A NONCONFORMING USE may as a Use by Special Review be changed to another USE
which does not conform to the USES allowed in the zoning district , provided that the Board
of county commissioners shall find that the proposed USE is equally appropriate or more
appropriate to the zoning district and NEIGHBORHOOD than the existing
NONCONFORMING USE . In permitting such change , the Board of county
commissioners may require appropriate conditions and safeguards in accordance with
the provisions of this Chapter.
2 . Whenever a NONCONFORMING USE is replaced by a permitted USE , the
NONCONFORMING USE may not be reestablished . The permitted USE shall thereafter
conform to the provisions of this Chapter.
C . Abandonment . No NONCONFORMING USE of land shall cease so long as the property and
associated STRUCTURES associated with the NONCONFORMING USE are being
maintained in accordance with this Code . If any such NONCONFORMING USE of land
ceases for any reason for a period of six (6) months , the NONCONFORMING USE shall
cease . Any subsequent USE of such LOT or parcel shall conform to the regulations specified
by this Chapter for the zoning district in which such LOT or parcel is located .
Amend Sec. 23-7 -40 . Nonconforming structures.
Where a lawful STRUCTURE exists at the effective date of adoption of the ordinance codified
herein or amendment of this Chapter that could not be built under the terms of this chapter by
reason of restrictions on area , LOT COVERAGE , height , its location on the LOT or other
requirements concerning the STRUCTURE , such STRUCTURE may continue to exist so long as
it remains otherwise lawful , subject to the following provisions :
A . Repair and Restoration . Should such NONCONFORMING STRUCTURE or nonconforming
portion of a STRUCTURE be destroyed by any means to an extent more than fifty percent
(50% ) of its replacement cost at the time of destruction , it shall not be restored except in
conformance with the provisions of this Chapter. Ordinary repairs the value of which do not
exceed fifty percent (50% ) of replacement cost of the STRUCTURE may be permitted .
B . Expansion or enlargement. No such NONCONFORMING STRUCTURE or nonconforming
portion of a STRUCTURE may be expanded , enlarged or altered in a way which increases its
nonconformity, except that those STRUCTURES that are nonconforming by reason of
noncompliance with existing SETBACK requirements may be expanded or enlarged so long
as such expansion or enlargement does not further diminish the nonconforming SETBACK.
No expansion or enlargement of STRUCTURES shall be allowed within an existing
RIGHT-OF-WAY .
C . Substitution of STRUCTURES . Should such NONCONFORMING STRUCTURE be moved
for any reason , for any distance whatever, it shall thereafter conform to the regulations for the
zoning district in which it is located after it is moved .
D . — No change.
Amend Sec . 23 -7-50. 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 :
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A . Repair and Restoration . An existing STRUCTURE devoted to a USE not permitted by this
Chapter in the zoning district in which it is located which is destroyed by any means to an
extent greater than fifty percent ( 50 %) of its replacement cost at time of destruction shall not
be restored , except to gain conformance with all provisions of this Chapter. The
NONCONFORMING USE shall not be reestablished after restoration . Ordinary repairs , the
value of which do not exceed fifty percent ( 50% ) of replacement cost of the STRUCTURE ,
may be permitted .
B . Expansion or Enlargement.
1 . A NONCONFORMING USE may be extended throughout any parts of a STRUCTURE
which were manifestly arranged or designed for such USE at the time of adoption of the
o rdinance codified herein or amendment of this Chapter, but no such USE shall be
extended to occupy any land outside such STRUCTURE .
2 . A NONCONFORMING USE shall not be extended or enlarged after adoption of the
o rdinance codified herein or amendment of this Chapter by erection or attachment of
additional SIGNS intended to be seen off the premises , or by the addition of other USES
which would be prohibited in the zoning district involved .
3 . No such NONCONFORMING USE shall be moved in whole or in part to any portion of the
LOT or parcel other than that occupied by such USE on the effective date of adoption of
the ordinance codified herein or amendment of this Chapter.
C . Substitution of USES .
1 . A NONCONFORMING USE may , as a Use by Special Review, be changed to another
USE which does not conform to the USES allowed in the zoning district. However, the
Board of county commissioners shall find that the proposed USE is equally appropriate
o r more appropriate to the zoning district and NEIGHBORHOOD than the existing
NONCONFORMING USE . In permitting such change , the Board of County
Commissioners may require appropriate conditions and safeguards in accordance with
the provisions of this Chapter.
2 . Whenever a NONCONFORMING USE is replaced by a permitted USE , the
NONCONFORMING USE may not be reestablished . The permitted USE shall thereafter
conform to the provisions of this Chapter.
U . Abandonment. When a NONCONFORMING USE of a STRUCTURE or STRUCTURE and
premises is discontinued or abandoned for any reason for a period of one ( 1 ) year, any
subsequent USE of such STRUCTURE or STRUCTURE and premises shall conform to the
regulations specified by this Chapter for the zoning district in which such STRUCTURE or
STRUCTURE and premises are located .
ARTICLE VIII - Vested Property Rights
Amend Sec. 23 -8-20. Definitions .
For the purposes of this Article VIII , certain terms or words used herein shall be interpreted
as defined in Section 23- 1 -90 .
Amend Sec. 23 -8-30 . Duration , termination .
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A property right which has been vested as provided for in this Article shall remain vested for
a period of three (3) years . This vesting period shall not be extended by any amendments to a
SITE SPECIFIC DEVELOPMENT PLAN unless expressly authorized by the Board of County
Commissioners ,
Amend Sec. 23 -8-60 . Development agreements .
The Board of County Commissioners may enter into development agreements with
landowners providing that property rights shall be vested for a period exceeding three (3) years
where warranted , in light of all relevant circumstances , including , but not limited to , the size and
phasing of the DEVELOPMENT, economic cycles and market conditions . Such development
agreements shall be adopted as legislative acts subject to referendum as provided for in the Home
Rule Charter.
Amend Sec. 23 -8-90 . Other provisions unaffected.
Approval of a SITE SPECIFIC DEVELOPMENT PLAN shall not constitute an exemption from
or waiver of any other provisions of this Chapter pertaining to the DEVELOPMENT and USE of
property . The establishment of a VESTED PROPERTY RIGHT shall not preclude the application
of ordinances or regulations which are general in nature and are applicable to all property subject
to land USE regulation by the COUNTY including , but not limited to , building , fire , plumbing ,
electrical and mechanical codes .
ARTICLE X - Enforcement
Amend Sec . 23-10 -20. Criminal penalties.
A . It is unlawful to erect, construct, reconstruct or alter any BUILDING or STRUCTURE in
VIOLATION of any provision of this Chapter. Any person , firm or corporation violating any
provision of this Chapter is guilty of a misdemeanor and , upon conviction thereof, shall be
punished by a fine of not more than one hundred dollars ($ 100 . 00) , or by imprisonment in the
County jail for not more than ten ( 10) days , or by both such fine and imprisonment. Each day
during which such illegal erection , construction , reconstruction or alteration continues shall be
deemed a separate offense .
B . It is unlawful to use any BUILDING , STRUCTURE or land in VIOLATION of any provision of
this Chapter. Any person , firm or corporation violating any provision of this Chapter is guilty of
a misdemeanor and , upon conviction thereof, shall be punished by a fine of not more than
one hundred dollars ($ 100 . 00) , or by imprisonment in the County jail for not more than ten
X10) 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 .
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C . Whenever the Department of Planning Services, through one ( 1 ) of its employees , has
personal knowledge of any VIOLATION of this Chapter, it shall give written notice to the
violator to correct such VIOLATION within thirty (30 ) days after the date of such notice . Should
the violator fail to correct the VIOLATION within such thirty-day period , the Department of
Planning Services may request that the Sheriffs office issue a summons and complaint to the
violator , stating the nature of the VIOLATION with sufficient particularity to give notice of said
charge to the violator . The summons and complaint shall require that the violator appear in
court at a definite time and place stated therein to answer and defend the charge . One ( 1 )
copy of said summons and complaint shall be served upon the violator by the Sheriffs office
in the manner provided by law for the service of a criminal summons. One ( 1 ) copy each shall
be retained by the Sheriffs office and Department of Planning Services and one ( 1 ) copy shall
be transmitted to the Clerk of the Court.
D . — No change .
E . Any person who violates any provision of Article IX of this Chapter commits a Class 2 petty
offense , and upon conviction thereof, shall be punishable by a fine of three hundred dollars
($ 300 . 00) for each separate VIOLATION . Any arresting law enforcement officer shall follow
the penalty assessment procedure provided in Section 16-2-201 , . R . S . , for any VIOLATION
of said Article I .
Amend Sec . 23- 10-30. Equitable relief in civil action .
A. In case any BUILDING or STRUCTURE is or is proposed to be erected , constructed ,
reconstructed , altered or used , or any land is or is proposed to be used , in VIOLATION of any
provision of this Chapter, the County Attorney, or where the Board of County Commissioners
deems it appropriate , the District Attorney , in addition to the other remedies provided by law ,
ordinance or resolution , may institute an injunction , mandamus , abatement or other
appropriate action or proceeding to prevent , enjoin , abate or remove such unlawful erection ,
construction , reconstruction , alteration or USE .
B . The County Attorney , acting at the request of the Board of County Commissioners , or the
District Attorney , pursuant to Section 16- 13-302 , C . R . S . , may bring an action in the District
Court for the COUNTY for an injunction against the operation of an ADULT BUSINESS ,
SERVICE OR ENTERTAINMENT ESTABLISHMENT for repeat or continuing VIOLATIONS .
Amend Sec . 23-10-40. Civil penalties.
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A . It is unlawful to erect , construct, reconstruct , alter or use any BUILDING , STRUCTURE or
land in VIOLATION of this Chapter. In addition to any penalties imposed pursuant to Sections
23- 10-20 and 23- 10-30 above , any person , firm or corporation violating any such regulation ,
provision or amendment thereof or any provision of this chapter may be subject to the
imposition , by order of the COUNTY Court , of a civil penalty in an amount of not less than
twenty-five dollars ($25 . 00) , nor more than one thousand dollars ($ 1 , 000 . 00) . It is within the
discretion of the County Attorney to determine whether to pursue the civil penalties set forth
in this Article , the remedies set forth in Sections 23 - 10-20 and 23- 10-30 above , or both . Each
day after the issuance of the order of the COUNTY Court during which such unlawful activity
continues shall be deemed a separate VIOLATION and shall , in accordance with the
subsequent provisions of this Section , be the subject of a continuing penalty in an amount not
to exceed one hundred dollars ($ 100. 00) for each such day. Until paid , any civil penalty
ordered by the COUNTY Court and assessed under this Subsection A. shall , as of recording ,
be a lien against the property on which the VIOLATION has been found to exist . In case the
assessment is not paid within thirty (30) days , it may be certified by the County Attorney to
the County Treasurer, who shall collect the assessment , together with a ten-percent penalty
for the cost of collection , in the same manner as other taxes are collected . The laws of the
State for assessment and collection of general taxes , including the laws for the sale and
redemption of property for taxes , shall apply to the collection of assessments pursuant to this
Subsection . Any lien placed against the property pursuant to this Section shall be recorded
with the County Clerk and Recorder .
B . In the event any BUILDING or STRUCTURE is erected , constructed , reconstructed , altered
or used or any land is used in VIOLATION of this chapter, the County Attorney, in addition to
other remedies provided by law , may commence a civil action in COUNTY Court for the
County, seeking the imposition of a civil penalty in accordance with the provisions of this
Section .
D . The Department of Planning Services , through one ( 1 ) of its employees designated by
resolution of the Board of County Commissioners, shall , upon personal information and belief
that a VIOLATION of any regulation or provision of this Chapter has occurred , give written
notice to the violator to correct such VIOLATION within ten ( 10) days after the date of such
notice . If the violator fails to correct the VIOLATION within such ten-day period or within any
extension period granted by the Department of Planning Services , the violator shall be given
a second written notice that the VIOLATION matter has been referred to the County Attorney
for legal action , unless the violator requests, in writing , a meeting with the Director of the
Department of Planning Services. Following such meeting , the Director of the Department of
Planning Services may grant the violator additional time to cure the VIOLATION or may
request that the County Sheriff or the County Attorney issue a summons and complaint to the
violator, stating the nature of the VIOLATION with sufficient particularity to give notice of such
charge to the violator .
D . — No change .
E . If the County Court finds , by a preponderance of the evidence , that a VIOLATION of any
regulation or provision of this Chapter, or amendment thereto, as enacted and adopted by the
Board of County Commissioners , has occurred , the Court shall order the violator to pay a civil
penalty in an amount allowed pursuant to Subsection A above. Such penalty shall be payable
immediately by the violator to the County Treasurer. In the event that the alleged VIOLATION
has been cured or otherwise removed at least five (5) days prior to the appearance date in
the summons , then the County Attorney shall so inform the Court and request that the action
be dismissed without fine or appearance of the defendant .
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F . Upon the filing with the Court of a receipt issued by the County Treasurer showing payment
in full of a civil penalty assessed pursuant to this Section and upon the filing of an affidavit of
the Department of Planning Services that the VIOLATION has been cured , removed or
corrected , the Court shall dismiss the action and issue a satisfaction in full of the judgment so
entered .
G . If a receipt showing full payment of the civil penalty or the affidavit required by Subsection F
above is not filed , the action shall continue and the Court shall retain jurisdiction to impose an
additional penalty against the violator in the amount specified in Subsection A of this Section .
Such additional penalty shall be imposed by the Court upon motion filed by the COUNTY and
proof that the VIOLATION has not been cured , removed or corrected . Thereafter, the action
shall continue the penalty and any additional penalties so assessed and the filing of an
affidavit of the Department of Planning Services that the VIOLATION has been cured ,
removed or corrected .
ARTICLE Xl - Floodplain Management Ordinance.
Division 1 - General Provisions .
Amend Sec. 23 -11 -310. Definitions.
For the purposes of this Article XI , certain terms or words used herein shall be interpreted as
defined in Section 23- 1 -90 .
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APPENDIX 23-C - PERMITTED SIGNS BY TYPE AND ZONE DISTRICT
SIGN TYPE A Ral R-2 R-3 R-4 R-5 E Cal C4 3 Ca4 I-I 42 14 INS
BANNER SIGN no no no no n n no yes/ yes! yes/ yes/ yes! yes! yes! yes/
1 I z z z z z z z z
BILLBOARD (not allowed in yes/ yes/ ,i les/ yes/ yes/ yes/ yes/
PIED) I no no no no no no no z z iz ' no
BUILDING SIGN no no no no no no no yes! yes yes/ yes/ yes! yes/ yes/ yes!
z z z z z z z z
-BUILDING MARKER es es es eslyes es es es es es es — es es es es
y y y !� y y , y y y �' y y �' �'i rcze -- x• i
P 1no yes/ yes/ yes/ yes/ yes! yes/ yes!
CANOPY SIGN no no no no no no z z z z z z no
- q
esyes/ es! yes/ es! es! es!
DEVELOPMENT SIGN �' yes/ y y y yes! yes! yes! yes! yfes/ yes/ yes/ yes/
!Z z z z z z z z z z z z Z Z Z
FLAG yes yes yes I yes yes yes yes yes yes yes dyes yes lyes yes yes
•
yes/ ' yes/ yes/ yes! yes/ yes! yew' yes!
FREESTANDING SIGN yes no no no no no no z z z z z z
zz
IDENTIFICATION SIGN yes yes yes yes yes yes yes i
yes
s yes yes yes yes lyes yes ] yes
INCIDENTAL SIGN r
es! yes! yes! yes! yes! yes! yes yes yes yes yes yes yes yes
a a a e , a
OFF-SITE DIRECTIONAL yes yes./ yes! yes! yes! yes! yes/ y►es/
no no no no no no no
SIGN (not allowed in PIED) !z z z z z z z z
POLITICAL SIGN yes yes yes yes yes yes yes yes yes yes yes1 yes yes yes yes
REAL ESTATE yes yes! yes/ yes! yes! yes/ yres/ yes! yes! yes/ I yes! yres/ yes/ yes! yes!
PROMOTION SIGN !z z z z z z _ z z z z z jz z z z
RESIDENTIAL SIGN y es es es r�o no no no ona rya no
Jyesyes yes y , y yes y
' yes! yes/ yes/ yes/ yep yes! yes/ yes!
SUSPENDED
SIGN no no no no no no no
z z z z z z z z
TEMPORARY SIGN I yes yes yes yes yes yes yes yes yes yes yes yes yes lyes lyes
aak
WINDOW SIGN no no � no no no no I no yes yes yes I yes no► no no no
BEACONS , ROOF SIGNS , PENNANTS , inflatable , tethered balloons , PORTABLE SIGNS and
strings of light bulbs used for COMMERCIAL 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
R-4 High- Density Residential Zone District
R-5 Mobile Manufactured kilF39 Home Residential Zone District
E [Estate Zone District
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D-1 Neighborhood Commercial Zone District
C-2 General Commercial Zone District
C-3 Business Commercial Zone District
-4 Highway Commercial Zone District
I -1 [Light Industrial Zone District
1 -2 Medium Industrial Zone District
I -3 Heavy Industrial Zone District
Institutional - CHURCHES, SCHOOLS , CEMETERIES , PUBLIC PARKS and PUBLIC
INS RECREATIONAL FACILITIES in Agricultural and Residential Zone Districts and Planned Unit
Development { DUD) Zone District shall be evaluated by the underlying USE (S) unless otherwise
stated
YES Such SIGN is allowed without prior zoning approval
YES/Z Such SIGN is allowed only with prior zoning approval
NO Such a SIGN is not allowed
YES/A No COMMERCIAL MESSAGE of any kind allowed on SIGN
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APPENDIX 23 -D - NUMBER AND DIMENSIONS OF INDIVIDUAL SIGNS BY ZONE DISTRICT
AND TYPE
m
SIGN TYPE NUMBERALLOWED 'MAXIMUM SIGN AR I ,
HEIGHT
BANNER SIGN 1 per ZONE LEST 140 sq . ft.
1 per ZONE LOT. No BILLBOARD
( not shall be located less than 500 ft. from
BILLBOARD
X00 s . ft. 40 ft
allowed in PUD ) any other BILLBOARD or OFF-SITE
DIRECTIONAL SIGN .
On a given wall , the sum
of all BUILDING SIGNS No higher than
BUILDING SIGN No limit which require a zoning the top of the
permit shall not exceed BUILDING
18 % of that wall's sq . ft. I
BUILDING MARKER 1 per BUILDING 14 sq . ft.
10% of the vertical
CANOPY SIGN 1 per BUILDING face surface of the canopy or
25 sq . ft. , whichever is
smaller
1 per PLANNED UNIT
DEVELOPMENT SIGN DEVELOPMENT u bdivision , Minor or Major ' I - 1 0 sq , ft. all other D I - ft. all
zones - 32 sq . ft. others - 8 ft.
A, R , & E - 15
FL 1 per ZONE E LOT A , R, & E - 15 sq . ft. total ft.
, I & INS S - 60 sq . ft. total C , I & INS - 30
ft.
A, INS - 1 per ZONE LOT. C & I - 1 A 16 sq . ft. D & I - 1`t.
FREESTANDING
per ZONE E LOT, 1 per each 500 ft. of
I - 10 sq . ft. A - 6 ft.
SIGN road frontage or 1per each different ` r.
INS - 32 sq . ft. INS - 15 ft.
road frontage, whichever is greater. *
IDENTIFICATION 1 per tenant located within the 1
SIGN BUILDING 2 sq . ft . 4 ft.
INCIDENTAL SIGN N/A N /A N/A
FF-SITE C , I & A - 1 per ZONE LOT. No
ODIRECTIONAL SIGN signoff-SITE DIRECTIONAL SIGN C & I - 300 sq. ft. -
0 ft`
shall be located less than 500 ft. from q & I
(not allowed in PUD any other BILLBOARD or OFF-SITE
A - 10 s , ft. A - ft.
zoning )
DIRECTIONAL SIGN .
POLITICAL SIGN No limits No limits No limits
REAL ESTATE 1perpublic access single- or double-
PROMOTION SIGN 48 sq . ft. each 12 ft.
(On -Premises faced
REAL ESTATE 2 single- or double-faced ; must have
PROMOTION SIGN landowner permission , min . 300 ft. 48 sq . ft. each $ ft.
(Off-Premises) spacing
RESIDENTIAL SIGN 1 per ZONE LOT 1 sq . ft. 6 ft.
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A, R , & E - 6ft.
TEMPORARY SIGN per ZONE LOT , ' ` E 4 C , I & INS - 8
C , I & INS - 8 sq . ft.
ft.
WALL SIGN N/A INIA
WINDOW SIGN 1NUA 25 % of total window area
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 Manufactured Home Residential Zone District
E I Estate Zone District
C- 1 Neighborhood Commercial Zone District
0-2 General Commercial Zone District
C-3 Business Commercial Zone District
C-4 Highway Commercial Zone District
I- I light Industrial Zone District
1-2 I Medium Industrial Zone District
1 -3 Heavy Industrial Zone District
Institutional - CHURCHES , SCHOOLS, CEMETERIES , PUBLIC PARKS and PUBLIC
INS RECREATIONAL FACILITIES in Agricultural and Residential Zone Districts and Planned Unit
Development ( PUD) Zone District shall be evaluated by the underlying USE(S) unless otherwise
' stated .
* 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 AR R- R P - � C- - C - Ci INS
ANIMATED SIGN no no no no no no no Ino no no no no no no no
CHANGEABLE COPY SIGN ' no no Jno no no no no yes ' yes yes yes yes yes es yes .
Illumination , Internal * no no no no no no noyesyesyes yesyesyes ' yes no l
'� �
Illumination , External * yes yes yes yes lyes yes yes yes yes yes yes yes yes yes yes
Illumination , Exposed Bulbs or no no no no no no no no no no no no no no no
Neon
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 r Mobile Manufactured Home Residential Zone District
E Estate Zone District
C-1 Neighborhood Commercial Zone District
C-2 General Commercial Zone District
J
C-3 Business Commercial Zone District
C-4 Highway Commercial Zone District
- 1 L . vj ' " Industrial Zone District
1 -2 Medium Industrial Zone District
1 -3 Heavy Industrial Zone District
Institutional - CHURCHES, SCHOOLS , CEMETERIES , PUBLIC PARKS and PUBLIC
INS RECREATIONAL FACILITIES in Agricultural and Residential Zone Districts and Planned Unit
Development (PUD) Zone District shall be evaluated by the underlying USE( S) unless otherwise
stated
YES - such SIGN is allowed
NO - such a SIGN is not allowed
* - 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 . Sheriff' s Office.
D . State agencies , including but not limited to :
1 . Colorado Department of Public Health and Environment.
2 . Colorado Department of Transportation .
3 . Colorado Geological Survey.
4 . Colorado Oil and Gas Conservation Commission ,
5 . Colorado State Division of Wildlife .
6 . Colorado State Engineer, Division of Water Resources .
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 . US . Bureau of Reclamation .
12 . U . S . Fish and Wildlife Service.
13. U . S . Forest Service .
14. Western Area Power Administration .
F . Airports.
G . Conservation districts .
H . F i r+e 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 .
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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 Board and installed on a permanent
foundation meeting IRC standards.
Manufactured home means a preconstructed building unit or combination of preconstructed
building units that :
a . Includes electrical , mechanical , or plumbing services that are fabricated , formed , or
assembled at a location other than the residential site of the completed home;
b . Is designed and used for single-family residential occupancy in either temporary or
permanent locations;
c . Is constructed in compliance with the ` National Manufactured Housing Construction and
Safety Standards Act of 1974' , 42 D . S . C . sec. 5401 et seq . , as amended ;
d . Does not have motive power; and
e . Is not licensed as a vehicle .
See also Factory- built ( modular) home .
ARTICLE II - Code Standards
Amend Sec . 29-2-110 . - Manufactured home installation standards .
Any manufactured home located in or relocated within the County shall bear a Housing and
Urban Development ( HUD) label and meet the following installation standards . The Building
Official may authorize the use of different materials or methods which will accomplish substantially
the same result. The Building Inspection Department shall be authorized to act as the exclusive
inspection agency for the county pursuant to the Colorado Division of Housing Manufactured
Housing Installation Program . Any installation of a manufactured home in the County shall be
performed in strict accordance with the applicable manufacturer's installation instructions . Where
the manufacturer' s instructions are not applicable , installation shall be in accordance with ANSI
A225 . 1 1994 , as amended by the Colorado Division of Housing . A copy of the manufacturer' s
instructions or the standards promulgated by the Colorado Division of Housing shall be available
at the time of installation and inspection .
A . — No change.
B . Foundations .
1 . Basement or crawlspace foundations and any manufactured structure that requires a
Flood Hazard Development Permit for manufactured homes shall be designed by an
architect or engineer licensed by the State . Additionally, if a site specific soils report is not
provided , an "open hole" inspection shall be conducted by an architect or engineer
licensed by the State . Subsequent to that inspection , a written letter bearing the architect's
or engineer' s stamp shall be presented to and approved by the Building Inspection
Department prior to backfilling around the foundation .
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2 . — No change .
3 . An engineered foundation is required where unstable or expansive soil conditions are
encountered . Otherwise, it is permissible to use a foundation consisting of block piers and
tie-downs . This foundation shall be according to the manufacturer's installation manual .
When a manufactured home has been previously set up and the manufacturer's
installation manual is no longer available , the foundation shall meet the standards based
on ANSI A225 . 1 - 1994 .
4 . — No change .
C . Skirting , Skirting shall be provided around the bottom of the manufactured home to ground
level . Skirting shall be made of a material which is approved for exterior use by the IRC .
Skirting must have nonclosing vents located at or near each corner and as high as possible.
Open vent area must be equal to at least one ( 1 ) foot for every one hundred fifty ( 150 ) square
feet of the home's floor area .
D . Retaining walls .
1 . Retaining walls installed around the outside perimeter of manufactured homes for the
purpose of ground setting shall be constructed so as to resist loads due to lateral pressure .
2 . — No change.
E . — No change .
F . Minimum plumbing requirements . Every manufactured home used as a dwelling unit shall be
provided with a kitchen sink and a bathroom equipped with facilities consisting of a water
closet , lavatory and either a bathtub or shower. Each sink , lavatory and either a bathtub or
shower shall be equipped with hot and cold running water necessary for its normal operation .
G . Approved sewage disposal . All manufactured and factory- built (modular) homes shall be
connected to either an approved public or private sewage disposal system . Private sewage
disposal systems are subject to permitting requirements of Chapter 30 of this Code , as
administered by the Department of Public Health and Environment. The home shall not be
occupied nor a final building approval or certificate of occupancy issued until the septic permit
has been given final approval by the Department of Public Health and Environment .
H . Temporary storage . A manufactured home receiving a zoning permit for temporary storage
shall only be required to be blocked and tied down . No utility hookups of any type, including
septic systems , shall be allowed .
ARTICLE VII - Manufactured or Factory-Built (Modular) Home Permits
Amend Sec. 29 -7-'10 , Permit required.
No manufactured or factory-built (modular) home , as defined in this Building Code , may be
located or relocated within the county without a building permit issued by the Building Official .
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Amend Sec . 29-7 -20 . Additions, alterations or repairs .
Manufactured or factory-built ( modular) homes to which additions , alterations or repairs are
made shall comply with all requirements of this Building Code . A separate building permit shall
be applied for as provided for in Article Ill of this Chapter.
Amend Sec . 29-7 -30. Connection of two (2 ) manufactured homes for human habitation.
No more than two (2 ) manufactured homes may be connected or physically attached . The
following requirements shall be met :
Remainder of Section — No change.
Amend Sec . 29-7-40. Application.
Each application for a permit, with the required fee , shall be filed with the Building Inspection
Department on a form furnished for that purpose . The applicant shall give a description of the
home , including make , model , year, serial number and size , the manufactured or factory- built
( modular) home certification number, if any , issued by any state or by the United States , and a
description of the type of foundation to be used . The applicant shall also list the location ,
ownership and use of the land on which the home is to be placed . The application shall be signed
by the property owner or an authorized agent. For additional requirements, see Sections 29-3- 110
through 29 -3- 190 of this Chapter.
Amend Sec. 29 -7-60 . Zoning compliance .
Prior to the release of a manufactured or factory-built ( modular) home permit , the Department
of Planning Services will review the application for the permit and all pertinent submittals to check
compliance with Chapters 23 and 24 of this Code , and any other applicable rules and regulations .
Upon approval from the Department of Planning Services , the permit application shall be given to
the Building Official for review and issuance .
Amend Sec. 29 -7-80 . Fees .
Any person desiring a permit for a manufactured or factory-built (modular) home required by
this Building Code shall , at the time of filing an application therefor, pay a fee to the Building
Inspection Department as established by the Board of County Commissioners in Chapter 5 of this
Code .
Amend Sec. 29-7 -120. Required inspections .
Setbacks , foundation , underground inspections , electrical , mechanical , heating , plumbing ,
skirting , grading , steps and landings , final septic and final approval inspections conducted
pursuant to this Building Code shall be required of all manufactured and factory- built (modular)
homes .
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be , and hereby is ,
directed to arrange for Municode to supplement the Weld County code with the amendments
contained herein , to coincide with chapters , articles , divisions , sections , and subsections as they
currently exist within said Code ; and to resolve any inconsistencies regarding capitalization ,
grammar, and numbering or placement of chapters , articles , divisions , sections , and subsections
in said Code .
PAGE 180
2019 -*
ORD2019-02
BE IT FURTHER ORDAINED by the Board , if any section , subsection , paragraph , sentence ,
clause , or phrase of this ordinance is for any reason held or decided to be unconstitutional , such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section , subsection , paragraph , sentence , clause , and phrase thereof irrespective of the fact that
any one or more sections , subsections , paragraphs , sentences , clauses , or phrases might be
declared to be unconstitutional or invalid .
The above and foregoing Ordinance Number 2019-02 was , on motion duly made and
seconded , adopted by the following vote on the 10th day of July, A. D . , 2019 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
ATTEST :
Barbara leirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman , Pro-Tem
BY:
Deputy Clerk to the Board
Sean P . Conway
APPROVED AS TO FORM :
Scott K . James
County Attorney
Steve Moreno
Date of signature :
Publication : March 6 , 2019
First Reading : April 29 , 2019
Publication : May 15 , 2019 , in the Greeley Tribune
Second Reading . June 10 , 2019
Publication ; June 19 , 2019 , in the Greeley Tribune
Final Reading : July 10 , 2019
Publication : July 19, 2019, in the Greeley Tribune
Effective ; July 25 , 2019
PAGE 181
2019-*
ORD2019-0
c taten"),
ow/
Cheryl Hoffman
To: Jim Flesher {c
Cc : Esther Gesick; Bruce Barker; Bob Choate; Tom Parka Jr.
Subject: RE: 0rd2019 - 02 far 1st Reading - 04 - 29 -2019
Okay, thank you, Jim . I ' ll incorporate this change prior to sending the notice to the paper .
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 0 Street
Greeley, CO 80631
970. 400. 4227
91/4 Ar
rsto
ice__. l
ti^ Amy M1 A +
Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise
protected from disclosure . If you have received this communication in error, please immediately notify sender by return
e - mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited .
From : Jim Flesher
Sent : Monday, April 29, 2019 8 : 17 Al l
To : Cheryl Hoffman < choffman@weidgov. com >
Cc : Esther Gesick cegesick@weldgov, com >; Bruce Barker < bbarker@weldgov. com >; Bob Choate
< bchoate@weldgov. com >; Torn Parko Jr. ctparko@weldgov . com>
Subject: RE : ord2019 -02 for 1st Reading - 04-29-2019
Cheryl , there is a missing phrase and a typo in the Word doe . See blue font below. Thanks .
1
Sec. 23-2-175 — CorrectlonL a royal and recording of the site plan review map .
A. The Department of Planning Services shall. notify the ppilcant of any deficiencies (
submittal and the deadline to correct said deficiencies , which shall be one hundred it
( 120 ) days . The Director of Plannin $eMces may grant an extension , for good cause s
upon a written request by the applicant, if no written request is submitted or if the deficie
are not corrected by the date specified by the Department of Planning Serwicee
application shall be re ° ected .
B . Upon approval of the draft Site Plan Review map , the applicant shall submit_ a Site
Review map for recording , along with all other documentation required as conditia
approval , The map shall be delineated in nonfadinq permanent black ink on Mylar or
drafting media approved by the Department of Planninq Services . The map shall bear oi
signatures and seals in permanent black ink . The size of each sheet shall be twen -fou
inches in height by thirtnix ( 36) inches in width . Upon completion of all conditions of app
the map shall be recorded in the office of the Courierk and Recorder by the Depar
of Planning Services . The applicant shall be responsible for paying the tecofdiv fee
conditions of approval shall be met and the map recorded within one hundred tvventy
da s from the date the administrative review was sinned . The Director of Plannin lei
ma rant an extensiQn, for good cause shown , upon a written request by the applicant
T!!w !! !1 1 !1 \ 1 t TlTlTA !f S� •
written request is submitted , if the Dkector of Planrünq Services denies the extension or
conditions are not met and the ma recorded by the date specified by the Director of Pia
Services , the Site Plan Review approval shall be terminated . . . . ..__
2
Amend Sec. 23A-2-180 . RescissiojiEnforcernent procedures .
A . s inpinion 'r ■ _' I ae ! ■Ila • ! ia� . T'hen the opinion - sand has-r e
more -
f430r r �� � r � �r,' 1 t r qr� �. � , Ys +r �• Ir r �r � i � I M
1
sh
sche Y i s onersit shall be a violation to operate
an approved Site Plan Review if one is required ired by this Chapter. Such violation mi
enforced in accordance with the procedures set forth in Article X_of this Chapter.
B . iheBoar4ofCourty-Comrnissioners shall hold apubiic•4ie -to - consider the-Site
•I
i • 4 Y• tl ■
-
" ements of Subsea ` -- - = , - _
above . -The Board of County Cofli4TiSSiOflerS'-deGi54Ofl shall consider the recommend*
i •
Y
.i
the public. hearing TheBoardef-Count ► l i ner - sh li approventhe Site Plan RI
tl i .
i • rl l �y l ■ ■ ■ ■ i / i i iii Y. : i ■i
_ - r s r r r : s i .r a r - ,� -. o. Y! ■p F -
r u r t Section 23 -2 - 160 above. property owner who fads oor refusE
corn I with_all requirementsand conditions of an a roved Site Plan Review shall be nc
in writing by the .Director of Planninaseçyjces of such compliance deficiencies . Cont
failure or refusal to comply may result in termination of the approved Site Plan Revieh
Director shall notify the property owner by ftrsteclass mail of such termination . The Dire
decision to terminate the approval of the Site Plan Review may be aoD algid by the am
and/or property owner pursuant to the provisions of Section 2-4- 10 of this Code .
From : Cheryl Hoffman
Sent: Monday, April 29, 201.9 7 : 22 AM
To : Bruce Barker Cbbarker@vveldgpv .com>; Jim Flesher < jfresher@weidgovicom >; Bob Choate
< bthaate@weldgov. coni > Tom Parko Jr. ctparko@weldgov. com >
Cc: Esther Gesick < egesick@weldgov . com>
Subject: RE : Ord201 -O2 for 1st Reading - 04-29-2019
Thank you , Bruce ! It definitely was a great team effort to get this all done !
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970. 400'.4227
AP
r
4 cot p
Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure . If you have received this communication in error, please immediately notify sender by return
3
e-mail and destroy the communication . Any disclosure , copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited .
From : Bruce Barker
Sent : Friday, April 26/ 2019 4 : 37 PM
To: Cheryl Hoffman < choffcnan@weId ov . conn>; Jim Flesher < Ilesher@wei Jgov . com >; Bob Choate
< bchoate@weid ov . co► rim Tom Parko Jr. ct arko@weldgov com>
Cc: Esther Gesick c esick@weldgovecom>
Subject : RE : ord2019-02 for 1st Reading - 04-29-2019
Thanks, Cheryl ! Good work !
Bruce T . Barker, Esq .
Weld County Attorney
P .O . Box 758
1150 " 0 " Street
Greeley, Co 80632
(970 ) 356 -4000, Ext . 4390
Fax : ( 970) 352 -0242
t
a in r
Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential , or
otherwise protected from disclosure . If you have received this communication in error, please immediately notify
sender by return e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited .
From : Cheryl Hoffman
Sent: Friday, April 26, 2019 4; 14 PM
To : Jim Flesher <iflesher@weldgov , com > ; Bruce Barker cbbarker@ eldEov : com>; Bob Choate
cbchoate@weldgov . conn > ; Tom Parko Jr . <tparko@weldgov.com >
Cc : Esther Gesick < egesick@weldgov . corn> ; Cheryl Hoffman cc_ hoffman@weld lov . com>
Subject: Ord2o19-02 for 1st Reading - 04-29 - 2019
Good afternoon, everyone .
Attached please find the word version of ordl9-02 ready for 15t Reading on Monday/ 04/29/ 19 . The entire ordinance
has been read to audio .
Have a wonderful weekend
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970. 400.4227
4
qk
j9' Otm&
CreilL"
Sec . 23-2 -150 . - Intent and applicability.
A . The intent of the Site Plan Review procedure is to provide present and future residents and
users of land in the COUNTY a means whereby orderly and harmonious DEVELOPMENT is
ensured in the COUNTY . Site Plan Reviews require additional consideration to ensure that
the USES permitted are established and operated in a manner that is compatible with existing
and planned land USES in the NEIGHBORHOOD . The regulation of Site Plan Reviews is
designed to protect and promote the health , safety , convenience and general welfare of the
present and future residents of the COUNTY .
B Ar approved Site Plan Review is required for the USES ias described in Article ICI of this
Chapter in the followng Zone Districts : A 1 (Concentrated Animal ) , Resid nti -R 2 , F and
R -done Districts except-for those-uses--containing a single - family dwelling unit -or duplex
units-where the-two--( 2 ) -units -ire not heki ina se rat wn-ershi ' - Cornmereial Zone
Districts , ail Industrial Zone Districts, and any PUD Districts where a-use the proposed USE
would require ail �a � r � � , silo plan r view Site Plan Review in an R- 3W R -4 , Commercial or
Industrial Zone District .
C . No land , BUILDING or STRUCTURE shall be USED , changed in use USE or type of
occupancy , DEVELOPED , erected , constructed , reconstructed , moved or structurally altered
or operated in any zone district that rewires a Site Plan Review until a Site Plan Review has
been approved and irPrriptan ReMstinD recorded by the Department of Planning
Services .
D . The Department of Planning Services shall not issue a building permit for any BUILDING or
STRUCTURE in a zone district which requires a Site Plan Review until a Site Plan Review
has been submitted , approved and a Si to Plan nS review n, ap recorded by the Department of
Planning Services .
E . No Site Plan Review shall be required for:
1 . Normal repairs and maintenance of an existing building BUILDING_ or structure
STRUCTURE .
2 . Alterations which do not affect more than twenty-five percent (25% ) of the external
dimensions of an existing building BUILDING or ru ture -STRU TURE unless such
alterations are made to change the USE or type of occupancy within part or all of the
altered BUILDING or STRUCTURE .
3 . Sites SIGNS, fencing , oil and Gas production faci iti s OIL AND GAS FACILITIES in
th-e 1 3 {Industrial) Zone District, or TEMPORARY STRUCTURES such as , but not limited
to , those used U_ ED for the sale of fireworks or the_TEMPORARY sale-of Christmas
trees .
F . A B U ILD I NG or-STRUCTURE which was_in-place-prior-to-the-effective -- ate -of -Ordinance
� g i=Egene 11 , 1996 , can have its external dimensions - •e -- - y- er t
( 0►We of-these -external' dimensions in existence as of June 11 , 1996,-before a- it Plan
e i w- haf be r quirer - u l s - u e to har e`- the-use—or-t-ype of
ed BUILDING or STRUCTURE . The Board of County
Commissioners delegates the authority and responsibility for rocessin ran -. q rovin , _grid,
enforcing Site Ran Reviews to the Department of Planning Services ! The Department of
Planning, Services shall also have the res Donsibility of ensuring that all application submittal
requirements are met prior to initiating any official action. Once an application is deemed
complete , the Department of Planninq Services shall send the application to ap_.Dlikcable
REFERRAL agencies listed inn _ p ndix23 - , as determined the Department of Planning
Services . The failure of any agency to respond within twenty-eight ( 28) days may be deemed
a favorable response . AU 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 .
C . The Director of Planning Services may waive the aft Plan Review requirement for
COMMERCIAL and INDUSTRIAL USES in a Planned Unit Development ( PUD ) upon
determination that sufficient detailed information was submitted and reviewed in the Final
PUD Plan .
H . Any person filing an application for a Site Plan Review shall comply with the County
procedures and regulations as set forth herein .
I _ Any person filing an application for a site-plan review Site Plan Review shall comply with
Article V and Article Xl of this Chapter if the proposal is located within any Prvef4ay District
Area OVERLAYZONING DISTRICT or a Special Flood Hazard -a SPECIAL FLOOD
HAZARD AREA identified by maps officially adopted by the COUNTY .
J . Applications for a Site Plan Review shall be completed as set forth in Section 23-2 - 160
below . The completed application and application fees shall be submitted to the Department
of Planning Services .
K. Applications for a Site Plan Review located in a Regional Urbanization Area shall adhere to
any and all applicable regulations in Chapter 1-9 26 and any other County ordinance in effect .
L . The applicant or owner shall submit an Improvements Agreement agreeing to construct the
required improvements as shown in the application , plans and other supporting documents .
The Agreement shall be made in conformance with the County policy on collateral for
improvements . The Agreement shall be approved by the Board prior to recording the final
exht it-oc- tat t Plan Pev , ett map , if applicable ,
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 review Site Han Review application form provided by the Department of Planning
Services .
B . A copy of a deed or legal instrument identifying the applicant' s interest in the property under
consideration .
C , (Repealed )
D . ( Repealed . )
E . A detailed description of the proposed USE
F . Evidence that the USE in the zone district shall have an adequate source of potable water
and meet the requirements of the zone district.
G . Evidence that the USE in the zone district shall have adequate sewage disposal facilities
and meet the requirements of the zone district . If there is an existing septic system located
on the site , the applicant shall include in the application a copy of the septic permit. This
information can be obtained from the Department of Public Health and Environment .
H . ( Repealed . See subsection ilk).
I . The number of employees associated with the USE .
J . A statement indicating that the proposed USE meets the required SE RACK-ancI4FSE4
Burk Standards requirements of the zone district .
K . A generalized sketch of BUILDING elevations depicting the style , size and exterior
construction materials of the BUILDINGS proposed in sufficient detail to exhibit the relative
compatibility of the proposed site with the character of the surrounding land USES .
L . A plan describing any proposed signage , drawn to an appropriate scale , which shall include
specifications of the proposed stn SIGN and sigc SIGN strafe STRUCTURE along with
the method of construction and attachment to the BUILDING or ground . The position and
distance of the sign SIGN in relation to property lines and BUILDINGS and STRUCTURES
on the property shall be shown on the Site Plan Review map . The applicant shall apply for
and receive a building permit for all proposed signs SIGNS .
M . Statements describing that the LANDSCAPE requirements listed below have been met :
1 . The let LOT, shall adhere to the Max-irou+14-kainGoverage LOT COVERAGE requirements
of the zone district in which it is located-n, 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 public PUBLIC or private street
STREET/ROAD right-of-way. RIGHT-OF -WAY shall have a minimum ten-foot wide
LAND RE SETBACK that is LAND CPAPEDI unless. the LOT is governed by a more
restrictive L- -NO .A E SETBACK that is LANDSCPAPED contained Fn an- overlay
district a PLANNED UNIT DEVELOPMENT , Chapter 26 of this Code or any other
applicable County ordinance . The LANDSCAPE SETBACK that is LANDCPAPED is
measured at a right angle from the existing or planned future right-of-way RIGHT- OF -
WAY to any PARPUNG LQT ,_fencing_storage area a- or STRUCTURE . Sidewalks and
driveways may pass through the required LANDSCAPE SETBACK .
3 . ( Repealect See Section 3-4 -2O ) Landscaping techn4 es shat ►e-i ili r , g of
PARKING LOT -t-eraid in bu er --P ' - TKt l fr-4 oadway-s.
4 . (Repealed .. See Subseption W. 9) Th s tican# t ll submit to the Departme.it of
Planning Services a d to -e ri bn- e ineati-ng-The _ex4stlng-an-GLproposecl
trees , shrub's , ground covers , natural features such as-rock outcroppings arse=- other
LANDSCAPE-elements , Thy-plan shall show --where LANDSCAPE exists or wife
lesa le'g-wi — l t ng- - and construction-details , species name and size.. Where
existing plantings are to be retairoadcthe applicant shall o u &-plan proposed
metho tf-pr - tb = plantings during construction
5 . The applicant shall submit to the Department of Planning Services a maintenance plan
for the proposed LANDSCAPE on the site .
N . A statementacGempaniectlyfrevidence explaining how the st- , ` ems' vim-", _
I-f- h-y ical changes to the site a ►ropose '- r--a ,- -pavingar inor -as d-4oefar Vic _ )
then-evidence,--maps dence1--maps and oalGul-ations explaining how sumerator retention facilities- are
designed=to -retain the star r w- ter- runoff--in-excess of the-historic flow-from the--un eve1otoed
3
site shall be designed for a on r d - year Et-release retain
to exceed- a-file= year m fal non-t n ,vet ped- ate . The applicant shalt provide a
narrative or preliminary drainage study in accordance with the stormwater drainage criteria
requirements of this Code .
0 . A statement explaining that the proposed USE , BUILDING or STRUCTURE meets the Off-
Street Parking Requirements listed in Article IV, Division I of this Chapter or a more restrictive
ordinance . Sufficient SCREENED , off-street , paved parking areas shall be provided in all
districts .
P . A statement explaining that the loading/service areas meet the requirements in Article IV,
Division 1 of this Chapteror a more restrictive v ;� , _ yii a �'� r`�� �� � '= aa .
a in all districts
s a be located , designed a * r .
ids-belo• 4
rent--sipce -shall •be provided -in -
being loaded cr.-unloaded with - e '-ci -
way . Loadingiservice areas shall-fie paved .
. Loading-areas located wi n-thhe-1 -- (tndustr-i ) Zone-District and 1 -2 ( industrial ) Zone
strict shal " 4h-the e appropriate use regulations under either
r 2 -3-320-of-saris Chapter:
Q . A statement explaining that h— the LOTjj shall will have safe access to an approved
public PUBLIC or private STREET/ROAD and a traffic narrative describing the proTected
numbervehicle trips lavera a per day , maximum per day, peak hour data ) to and from the,
site and the type of vehicles ( passen ersemi -truck , a cJ 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 adecuate safe and efficient transportation to and from the site . An Improvements
Agreement ,may be required _.
R. A statement ewalaining acknowledging that new accesses to-public rights-of-way ay PUBLIC
RIGHTS -OF-WAY shall be constructed in accordance with this_ Code , and _ may require an
access permit•
may be required by the D p + and-type
of vehicles generated-by theUSE proposed .
1 , Size of-drai a-ge-st ru cture Meer - - roc-T � +m .r- - "
, Len t-h--of-d iWage-s-tr--ueture - twenty-(20 )0 ) feet minimum .
3 . Depth of cove ipe
Y
4 . Width of access - ten-(40) to fifteen feet for a one-way sin feet-rninimum-forr two-way traffic
.- a um - r e of access - fifteen percent (15%) .
Flare—radius twenty-foot minimum in a residential zon ct , rty-font ri iini , , ,
comcnercia anc incus-ria zore ci
7 . Depth of surfacing - per-engineered deign and subject to approval by the Department
ef-PuIDIio -
. ( Repealed . )
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 zones--district be SCREENED from
PUBLIC RIGHTS -OF-WAY and ADJACENT properties . These areas shall be desicined and
USED in a manner that will prevent wind - or animal -scattered trash .
U . A statement explaining that the USE is compatible with the existing or future development
DEVELOPMENT of the surrounding areas as permitted by the existing zoning and with the
future development DEVELOPMENT of the area as projected by the Comprehensive Plan or
Master Flan MASTER PLAN of affected municipalities and any Intergovernmental
Agreement . Such USE shall adhere to the following operation standards , to the extent that
they are affected by location , layout and design prior to construction and operation . Once
operational , the operation shall conform to the standards listed below:
1 . Noise . USES and - _ STRUCTURES ice+ MI'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 sect, C . R. S .
. Air Quality . USES tinnthe-GOMMERGIAL-anici-1-nclustpal-Zone D1stri is shall be located ,
designed and operated in accordance with the air quality standards established by the
Colorado Air Poilutfon Quality Control Commission .
3 . Water Quality . USES in the-COMMERCIAL a-nd - Indu-strial Zane Dist ets-shall be
located , designed and operated in accordance with the standards established by the
Colorado Water Quality Control Commission .
4 . Radiation and Radioactive Materials . The handling , USE , storage and processing of
radioactive materials shall be in accordance with the applicable regulations of the State
and the United States government.
5 . Heat . USES located-within the COMMERCIAL an dustrial one-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. ) decrees ( 50) Fahrenheit .
6 . Glare . Any lighting USED to illuminate an F TREET—PAR I- = R--EA off-street
2 r it ar+ a , outside storage area , outside activity area , sign -SIGN or other structure
STRUCTURE shall be arranged to deflect light away from any adjoining residential zone
and from County roams COUNTY STREETPROA_[ . 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 . Property Maintenance . All property shall be maintained in such a manner that grasses
and weeds are not permitted to grow taller than twelve ( 12 ) inches . The property owner
shall not allow the growth of NOXIOUS WEEDS .
8 . ( Repealed . ee_ Subsection 0 above. ) Any off--site and on site Improvements
Agceernent-shah- be made in- conformance with the COUNTY pol-icy on collateral for
improvements , - as ' --as--ice rmante - with eotU n 12-5-10- -10 et- set , and-the
Engineering and onstfu on Standards in Append x- 2 --A .
V . :_Repealed.)
C
W. 1TE-P A J - E=VlEW MAP Site Plan Review Map , The applicant shall submit the draft map
for preliminary approval to the De. artment of Planning Services in electronic ( . pdf) format .
The site plan map shall show and comply with the following requirements :
1 , The size of the map shall be twenty-four ( 24 ) inches by thirty- six ( 36 ) inches .
2 . The scale shall be one ( 1 ) inch equals two hundred ( 200) feet or another suitable scale
if approved by the Department of Planning Services .
3 . Legal description of the parcel .
4 . North arrow.
5 . Outline of the perimeter of the LOT ,
6 . A vicinity map at a suitable scale . The map shall locate the site with respect to adjacent
road-s- STREETS/ROADS and other major land features ( 1 " = 2000 ' ) ;
7 . The location and name of any water features or irrigation ditches within the perimeter
of the LOT.
8 . The location and names of all (--cads-STREETS/ROADS and highways abutting the
LOT .
a Thewteeat1 - and name- of-any iNater-fe-atures-er-ir-rjgation ditches with nn e-a erim .t-er
of-th-.QT Existinq and proposed landscaping . includinc e isti nc and oro Dosed trees ,
shrubs , around covers . natural features such as rock outcro 0 oinc s and other
lanctscapsnc elements . The _plan sha! ! show where landscaping exists cc wib be located .
along with planting and construction details , species name and size . Where existing
plantinc s are to be retained te _ applicant shall include in the plan proposed methods of
protecting the plantings during construction .
10 . All existing and proposed STRUCTURES and their dimensions .
11 . The location , dimensions and design of any existing and proposed signs SIGNS on the
site . Distances from um- lines shall be indicated .
12 , NI utility easements or rights-of-way for telephone , gas , electric , water and sewer lines .
13 . The location and dimensions of vehicular drives , entrances , exits , acceleration and
deceleration lanes ; location and dimensions of pedestrians entrances , exits , sidewalks
and walkways .
14 . General location , arrangement and dimensions of parking spaces , width of aisles , 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 PlanningServices shall provide the ap, ropriate number .
17 . The 'Site Plan Review map shall bear the following certifications :
a . Property owner' s certificate :
I , the undersignedL certify that the uses , buildings and structures located on this
Site Plan Review are designed and will be constructed and oerated an. 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 corril with the development standards , a Dolicable provisions
of County Coda 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 jnstrument was subscribed and sworn to be before me this
days' 1 by
WITNESS my hand and official seal .
My commission expires :
Notary FubliQ
b. Department of Planning Services' Administrative Review Certificate :
This map is accepted and approved for filing .
Director of Planninc Services
The foregoing certificate was acknowledged before me this day of
L by
WITNESS my hand and official seal .
Ivly commission expires :
Notary Public
X. ( Repealed . )
Y . The applicant shall provide the Department of Planning Services with a certificate from the
County Treasurer showing no delinquent property taxes for the parcel area .
Z . The applicant shall submit to the Department of Planning Services a copy of an agreement
with the mineral owners associated with the subject property. Such agreement shall stipulate
that the oil and gas activities on the subject property have been adequately incorporated into
the design of the site , OR shall provide written evidence that an adequate attempt has been
made to mitigate the concerns of the mineral owners on the subject property .
AA. The applicant shall submit to the Department of Planning Services a copy of an agreement
with the owner of any ditch located on or adjacent to the site , OR shall provide written
evidence that an adequate attempt has been made to mitigate the concerns of the ditch
owners . The agreement shall stipulate that ditch activities have adequately been incorporated
into the design of the site . If such agreement cannot be reached , the applicant shall present
evidence that an adequate attempt to reach such agreement has been made .
BB . ( Repealed . ) PPoto Mechanical 'Transfer T) , it rc - ifreo
CC . ( Repealedr_ See Subsection V ' . i 1 . ) A set of sign standards in accordance with Chapter 2a
Artie-I " i i 2=_The location-of any sign requir-w g zoning apprtivaiashaft be-Shewn on
the Site Plan Review map , Dist n s-frio --pro --lines shat--be indicated .
DD . ( Repealed _ See Subsection 0 _ ) 1-1-apftlicabLe , an improvement
applicant_ T Agreement _Shoe be in accordance with the County -polio Courity-polioy and documents for
ooU-at +ai for imcrovements , as well as -in conformancewith--Section_12 71-0- -t-se :-, and-the
Engineering and-Construct -n--Standards in Append-i--12_ =
EE : The application fee . An additional fifty so 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 Han Review , The
pavr -lent of the investigation fee shall not relieve any persons from fully complying with the
requirements of this chapter, nor from any other penalties .
FF . The names and addresses of any owner , operator, or user of any irrigation ditch , lateral , or
pipeline that traverses the property .
Sec . 23-2-170 . - Changes and termination of use.
A . Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review
map and the approved use USE and type of occupancy . Major changes from the approved
Site Plan Review map , USE or type of occupancy shall require the approval of an amended
Site Plan Review by the Department of Planning Services . The Department of Planning
Services is responsible for determining whether a major change exists , in which case a new
Site Plan Review application and processing shall be required . Any other changes shall be
filed in the Department of Planning Services in the approved Site Plan Review file .
B . Construction of improvements pursuant to approval of a Site Plan Review shall be
commenced , and continual progress sha l be made , within three (3 ) years from the date of
approval , or the approval shall terminate t_h_ir _ 0≥ days following notice to the applicant. The
Director of Planning Services may grant an one-time extension of time up to one hundred
twenty ( 1 0 ) 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 py written request to the Director of Planning
C . Approval of a Site Ran 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 receivecredible evidence of a discontinuance for a period
of three (31 consecutive years , the Department Director shall notify the applicant and property
owner by first-class mail of such termination The Director ' s decrsion to terminate the
' provat of the Site Pbbn Re ie)ro may be ap lea ed by Ole app1ccar rit an '/or pi-wetly owner
pursuant to the provisiQns off, Sectron -4 - '1 . of L cps Cods
D&®h i # n i + -ir
Sec . 23 -2 -486175. - 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 Pllammng Services the
application shall be rejected
B Upon approval of the draft Site Plan Review map , the applicant shall submit a Site Plan
Review map for recording , along with all other documentation required as conditions of
approval . The map shall be delineated in nonfading permanent black ink on Mylar or other
drafting media approved by the Department of Planning Services . The map shall bear original
signatures and seals in permanent black ink . The size of each sheet shall be twenty-four (24)
inches in height by thirty-six ( 36) inches in width . Upon completion of all conditions of
approval , the map shah 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 ) clays from the date the administrative review was signed If-the- 0 - -fan- • crew miarS
has nets n- cec r ed- tt i :one un re ,t enty (120 ). days-froni-the-datethe-administrative
revie = as -s i -ned 4o'cfrom t he•-clete. th _ =ea01 L, tie n was si n eith if approved-bythe-Board of
Coun-ty- -on r i-issioners, :or if- = li ;ant=i urn-ale to B eet--ail-of -th- - oor dition - within one
hundred- twenft--(-t- i--+rays--of a- pcov l o-appUoant may-request an- extension - from -the
lir-eotor` of Pian-nin Services . The Director of Panning Services may grant an one-time
extension pf up to one , hundred t ' 'erity 0 0 ) days , for good cause shown , upon a written
t
request by the applicant . Before this eMeris , or has--e -ppred the-appitant may seek a further
extension--from-the-Beare-et o nt ' _ onimissioner"f 1fitten request to the erector of
Planning—Services: no written request is submitted , ifi he ' _ 0_of et. , unty-Conwritssiopers
Director of Planning Services jdenies the extension or if the conditions are not met and the
map recorded by the date specified by the � ► _ retrito.i. .. .jartt'ih r ace . , the Site Plan
Review approval shall be termi nat ide and the application denied ,
Sec. 23-2480. - Rescission, En f o rce rn e r j procedures.
A . e Department-ef-Planning Services , an applicant has not met one
( 1 ). or more-of req+aicee is of Subsections 232 - 1 0. A th a -h _-a-hearing-shall-be.
scheduled before the Board- of o y-g mm ssioners It shall be a valatiori to operate
without an approved Site Ran Review U iDrie is required by this G iariter Such violation may
be enforced in accordance with the procedures set -forth in Article X of this Chapter ,
B . The Board of-Gounty Commissioners shalt hold a publ-i hea -- + `r PIa
Review-(PR) applicatio and to-take-final-action-thereon if the Plannin.that the- app _
i H p r Y. •is ur .
above . The Boardo►f Count s « ,.,. 1mmendation of
the D, arming staff, referral agency respon es1- theme► _ _ tinted at
the put e'ahring , The Boarck - n Review
( SPR) apolication unless 1t-finds that the-=applicant has -not met one ( 1 )- or .-more-eft-the
requi.rements as listed in ectien- 1 f- above _ A properly ID veer W Fo falls or reiu,ses to
comply with ail requirements and conditions of an approved Site Ran Review slifatt be r otif ed
in Oil Rv lay the Der 'ctcrr at Planning Services ofsuch' compliance deficiencies Continued
fa i ►ure or refusal to comp ' " may result in tern- lriatron of the approved Site Ran Review The
Director shall notify the property owner by first -cllass mall of such termination The Director ' s
dele,:Asion, to terminate the approval of the S a ee Plan Review may be appealed by the applicai
and/or prope ti owner. pursuant to the proA. isions of Section -4 - 10 of ttis CodeC . .( RepealedjThe-UR_ _ - � o tie Board of County
Commissions r , 5 eiar- -itin r seG --, y, --i
-- _ oes=nf=col-y► Site
D . ( Repealed . ) t=he Departur 'f,ery-s 1 _ ions ,
requited-in-Subsection 23-2- 160 .W bov 5 - r c - cler-for-reeerding
E . ( Repealed . ) A resolution setting forth the decision of tne Boar
shall be drafted rand s' ind a copy of the resolution be-kept.
im-tbo-fps o= Cer< to v. ie Boarc , an the Board of County ommissioners shall arrange
for the-- ountGerk- and Recorder' s offh to record the ree -The Board-of County
Commissioners shat e map-required in Subsection -2-3-
2
_1,60.4414
/ 0
Cheryl Hoffman
From : Mike Freeman
Sent: Thursday, April 25, 2019 4: 15 PM
To: Esther Gesick
Cc: Jim Flesher; Tom Parko Jr.; Cheryl Hoffman; Kristine Ranslem; Commissioners; Bruce
Barker; Bob Choate
Subject: Re: orcl2019-02 - Chapters 14, 23 and 29
Hi Jim,
Esther is correct .
We have a work session scheduled between 1st and 2nd readings .
Mike
Sent from my iPhone
on Apr 25, 2019 , at 4 :00 PM, Esther Gesick < egesick@weld ovscorn> wrote :
Hi Jim ,
I don' t know if anyone has mentioned this to you, or not, but Chair Kirkmeyer and Commissioner
Moreno will both be out of the office on Monday and the Chair requested that the comprehensive
presentation be made at the Second Reading, so the full Board can be present . So, Monday will be the
motion to "Read Ordinance by Audio" and a brief explanation and intent of the overall ordinance for the
record , but the comprehensive presentation can wait until Second Reading on June 10th. I've copied the
Board in case I misunderstood, or the preference has changed .
Esther E. Gesick
Clerk to the Board
1150 0 Street / P. 04 Box 758/ Greeley? CO 80632
to l (970) 400-4226
< image002 . png>
m age002 . p ng>
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which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure, If you have received
this communication in error, please immediately notify sender by return e-mail and destroy the communication . Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named
recipient is strictly prohibited.
1
Cheryl Hoffman
From: Jim Flesher
Sent: Thursday, April 25 , 2019 5:03 PM
To: Esther Gesick
Cc: Tom Parko Jr.; Cheryl Hoffman
Subject: RE: 0rd2019- 02 - Chapters 14, 23 and 29
Attachments: BOCC staff report for 1st Rdg Crd2019 - O2 .pdf; Summary 4 - 11 . pdf; Land Use Table
3 - 12 - 19 , pdf
Thanks , Esther. I was planning on sending the attached to Cheryl to upload to Tyler, but I ' ve been
waiting because I wasn 't sure if I needed to mention the changes to the Site Plan section . I was
planning on reading the one- page report but I wasn 't planning on doing a comprehensive review of
the ordinance since we ' ve had so many worksessions already.
How about you upload these and on second reading I can ask the Board if they want me to go
through the seven -page summary ? I ' m guessing we won 't include the Site Plan changes on Monday .
Jim
From : Esther Gesick
Sent : Thursday, April 25, 2019 4: 00 PM
To : Jim Flesher <jflesher@weldgov .com >
Cc : Tom Parke Jr. <tparko@weldgov . com >; Cheryl Hoffman < choffrnan@weldgov. com >; Kristine Ranslem
< kranslem@weldgov . com >; Commissioners < COM M ISSION ERS@co . weld . co . us>; Bruce Barker
< bbarkerweldgov.com >; Bob Choate < bchoateweldgov. com > ; Esther Gesick < egesickweldgov. com >
Subject: RE : ord2019 -02 - Chapters 14, 23 and 29
H--r i Jim,
I don't know if anyone has mentioned this to you, or not, but Chair Kirkmeyer and Commissioner Moreno will both be
out of the office on Monday and the Chair requested that the comprehensive presentation be made at the Second
Reading, so the full Board can be present. So, Monday will be the motion to "Read Ordinance by Audio's and a brief
explanation and intent of the overall Ordinance for the record, but the comprehensive presentation can wait until
Second Reading on June 101h . I ' ve copied the Board in case I misunderstood , or the preference has changed .
Esther Ea Gesick
Clerk to the Board
1150 O Street / P. O. Box 758 / Greefey, CO 80632
tel.. (970) 400-4226
a
1 I r� 1
p
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and may contain information that is privileged, confidential or otherwise protected from disclosure , If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication , Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
1
,Seato
/Lreare
ie, K9 Seer / 5. a#,,Az_
Cher I Hoffman _..
i
From: Steve Moreno
act7 do2g- I
Sent : Friday, April 12, 2019 1228 PM lo / -7,rd
To: Esther Gesick
Cc : Barbara Kirkrneyer; Tom Parka Jr.; Bruce Barker; Cheryl Hoffman
Subject: Re : Ord2019 -02 - 1st Reading
Since it is first reading I am fine moving forward
Sent from my iPhone
On Apr 11, 2019, at 4 :40 PM, Esther Gesick <e esick@weldgov . eoni > wrote :
Hi Barb and Steve,
As Cheryl points out below, you are both going to be gone on the date of the First Reading of the Zoning
Ordinance changes. April 29th was a noticed date , so do you want staff to proceed with First Reading in
your absence or plan on a continuance request?
!Esther E. Gesick
Clerk to the Board
1150 0 Street I P. O. Box 758/ Greeley, CO 80632
tel: (970) 400-4226
< image002 . png>
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this communication in error, please immediately notify sender by return e- mail and destroy the communication . Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named
recipient is strictly prohibited .
From : Cheryl Hoffman
Sent: Thursday, April 11, 2019 4 :02 PM
To: Esther Gesick < egesick@welcigcv .. com >
Subject : Ord2019 -02 - 1st Reading
Hi Esther. Barb K changed her vacation and will be gone on April 29 for 1st Reading of the zoning
Ordinance . Steve M will also be out that day. Should we give Bruce a heads up of that issue ? I always
try to make sure Barb, especially, will be at the hearing . What do you think ?
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 0 Street
Greeley, CO 80631
970. 400. 4227
< i m age003 .J pg >
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1
privileged, confidential or otherwise protected from disclosure . If you have received this communication
in error, please immediately notify sender by return e - mail and destroy the communication . Any
disclosure , copying, distribution or the taking of any action concerning the contents of this
communication or any, attachments by anyone other than the named recipient is strictly prohibited .
2
Cheryl Hoffman
From: Jim Flesher
Sent: Thursday, April 11 : 2019 12 : 33 PM
To : Cheryl Hoffman
Subject: RE : 0rd2019 - 02 - Chapters 14 23 and 29
Cheryl , I went through the ordinance again . Just a few things :
1 . It looks like I didn ' t highlight this missing parenthesis :
D /STILLERY : Any establishment licensed pursuant to the provisions of Title 4-2
473 , C . ftS . , where spirituous liquors are manufactured ■ ` Spirituous liquors '1 are define(
c n
Section 44 - 3- 1 03 ( 54} mixed-with
* * n and iricludes-ameng-other things bran4y , rum , whiskey in
i _ - ninq at lea&I-otie#iaff - (O & % _
votu-rr � a s � i
_ _ - ir. ,y,
M y other -liquor ,_- ex -
CR;S;j &haII4otbeGGnstrued to be -fecmented maltor-mai
liquor
tobe spirituous liquor
2 . ! found one change you missed :
Amend Sec . 23 -4-470 . Delegation of authority .
The Board of county Commissioners delegates the authority to issue a zoning c
windgeneratorWIND GENERATOR which otherwise requires the approval of the Boar'
Commissioners through a public hearing process to the Department of Planning Servi
determination by the Department that
A . — No change .
B . The Department of Planning Services has sent notice and has not received signed
from at least thirty percent ( 30 % ) of surrounding property owners within five hur
feet of the subject property in opposition to the location of the wind gene
GENERATOR within twenty-eight j2Q) Øays . ffopposodf the petition shall di
S �` f Y f •
u r f i ,i .H , ! ! ! ■ - • i i d I� i i i i * i i + i i +fie i 1 i.
of--a zoning porn it for the wino-generator .
3 . This one maybe I should ' ve called about or left alone . Section 23- 10- 50 is not changing so it
doesn ' t need to be in the ordinance . You changed it to delete the section , but it just needs to be
removed from the ordinance . Sorry for the confusion there .
Such additional penalty shall be imposed by the Court upon motion fled by the COUNTY and Jim Nes'
proof that the viola tionV I0LAT I o N has not been cured , removed or corrected . Thereafter, the No chani
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 viol
p � ate one o LTA ON has been cured ,
removed or corrected . Jim Fled
t Sim 23-40a p-40 - ordinances, .! Forma�tt
Jim Fei
The Lie-partagu ri ' 8ui-o 1ag I1speonon than with +atoms 44-- blooding Poini4-4b.. OP the Forth
p4444-4400 L i s io lGankoln se t r m ,goe.t (O41,1r' 10146-ellwipief air . any eitilti simviittot Caen isci attr e
4� w a raaW Sy► the toms 440 kovih - = Pt1e4 codooinoelintlitiaiings ton Pa loaned to. those r Jim Flesi
. .d 1 linamais + na to ined. On Chaple 40 i 24 2&.m fl anit-24- - I' Cei M Forman
ARTICI F XI - Flnnriniain Mannetpment flrellninrtn
1
That' s it ! Thank you for your hard work on this !
Jim
From : Cheryl Hoffman
Sent: Thursday, April 11 , 2019 9 : 44 AM
To : Jim Flesher cjflesher@weldgov . com > ; Bruce Barker < bbarker@weldgov . com >
Cc : Esther Gesick < egesick@wnreldgov , com >; Tom Parko Jr. <tparko@weldgov . com >; Bob Choate
< bchoate weldgov.com >
Subject : RE : 0rd2019 -02 - Chapters 14, 23 and 29
All,
Attached is the corrected/ updated version of Ordinance 19-02 per Jim ' s comments sent to me on 04/09 . Please use this
version for any other corrections or updates made .
Thanks !
P .S . Jim , I made most of the changes you suggested , except some of the formatting .
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, Co 80631
970. 400. 4227
'Jokes";
ii ta t 6 re
coy ,
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the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise
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e- mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited .
From : Jim Flesher
Sent : Monday, April 08, 2019 4 : 40 PM
To : Cheryl Hoffman < choffrnan@weldgov .corn >; Bruce Barker < . barker@weldgov. com.>
Cc : Esther Gesick < egesick@welcigov.cort > ; Tom Parko Jr . Cparko@w& ldgoviorn >; Bob Choate
< hchoate ) we i[dgov.com>
Subject: RE : ord2019-02 - Chapters 14, 23 and 29
Bruce , the definitions of " U FLAN IZI N " and " NON - URBANIZING " are only used in Art . XII , which is
moving to Ch . 8 by separate ordinance . Can we delete them from 23- 1 -90 now?
Also , do you think we should make " RIGHT-OF -WAY" lower-case when referring to "future RIGHT-
OF-WAY" ?
Cheryl , attached are my edits , which are highlighted as requested . As we discussed on the phone , I
marked the Site Plan section since Bob is working on some changes to it and we ' ll get you those
changes as soon as we can .
2
Thanks ,
Jim
From : Cheryl Hoffman
Sent : Monday, March 25 , 2019 1 : 28 PM
To : Jim Flesher < 'fleslher@weldgov . com>; Bruce Barker < bbarker@weld uv . com> ; Tom Parko Jr.
< tpa rko@w idgov .com >
Cc: Esther Gesick < eges ck@weIdgov.corm› ; Kristine Ranslern < lkranslem@weldg v . corn>; Cheryl Hoffman
< choffman@ eldg+ov. com>
Subject: Ord2019-02 - Chapters 14, 23 and 29
Attached please find the markup version of this ordinance . I believe I incorporated all changes from PC and in prior
e mails . If you make changes to this ordinance, please be sure to highlight it in "yellow" so I can find it . Thanks !
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 0 Street
Greeley, CO 80631
970.400 4227
rip
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protected from disclosure . If you have received this communication in error, please immediately notify sender by return
e - mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited .
3
Hello