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Home My WebLink About20194157.tiff r �A r ihapter -- Zoning code update 1 F .rF$g'"era°1d:. /taeaCr.je.' H" '-A1 ..'fiaC'''jefi'"- Page 1 of 246 Lit CHAPTER 14 Health and Animals . . • ..... . . I 10 • irk, PTIe1 F IV - AniirinI e la f A ■ VIl • 144 ■ 7• . !• 1r• m ■niw ■R .'.. I . -1 . ■ ■ . a . a ■ a\ aaass . ail aii4 IJ • • . . . • . , a liisau u • a \ a • issaa •i I l:a \ • •aa • a • a ■ Pd ■ rta ■ lUi . • .G V 1. I!a I I iii V V �1 I / r r 6 1 4 a i i a i a a a i 1 a a a i ! a . i a . L i i ! 0 Y a . J J a a \ 1 R ! ! 1 i a ! i i e a L a a- ! 1 i a a . . i . a a i. • ! 1 J & Y . f i a i 4 ! ! 1 .. i & & & & & & & Ig i i . a 4 ! 110 ER 23 1./f 1 1, - ,zoning I . ... rrararf:irra ia: / 1 1 . r . rrra ,arri! u!:a • a 1 r 2a . lrrr 1I 10 a . . rf!rrr General provisions • . einee . tel . ar . : : 1'. . . .i . . . . . . .—.H•. . re . . . r . . r1 . . . e\ . .9.:.9•rr . . . . l.u . l : • N'9 r r' I. • .. r7 . el . . . lO ..■■/'._x..11/ Sec . 23- 1 - 10 , '1 I t le . : I a ilia J Y a 1 \ e a • a • a 1 314 • 4 t . . . a r r / 1 * a ) e . . . Y / a 1 ! Sec • 23 - 1 -20 . s= '• -2O . - Authority. r Ytkt -t + 9 ? • • • • • •• • tart } a F +' ? t 9 .t eeti titn: a . itlirt • • • u . :.: . ..• • u . . . . u 11 Sec . 23- 1 - 30 and Sec 23- 1 -40 . , w . . . . . . . _ e t . • _ . . • . • . , . . . , . . . . 1i e . . ® I ■ r � l� 1 a s ■ ■ , .1 • - OE - 1 lit . r , . _ , r i !1 e . e t r t r f m , 1 t 1 r 11 r t . 7 T t I MMMMMMMM • t r , T T ID r t I l SEW ' 1 SEE r lll.r— Y• Y '1/r r — Y - is t-.or e t . t t r i-I timer u t t u . •. . . MMMMMMMd i i ₹ e e e t- t -e i + •• d-e i t 9 • t t it O •s • • 4444 t N + +. + , • .. . . 1. 4, •• t94 , 9 . . 11 . . 4 a . . c • . • a . t . r . . u . . • • . e Sec. 23-1 -80. - Implementation procedure s . . . . . . . . . . . . . . . a . . . . 4eiai • ' wan . Definitions . . .. a 4 : . i P : ii i. . a a a i a i a l a . . l i . / i a a . l i . i . i a . • 11 • a . • a i i 1 .1 a - n a ■ 1 A. Q'TIrI IZ II - DIrnradi rrae amnil Dcirmi#c AC j LI 3 I I %at I.I. II 1 1 %J 4%.•LII MIN f,e J 6iiI 1'Iid 1 *..e9 1 I I1 Lir/ • • are •.a . rat . • . . a.ri:a . r . a . r .:.qa . . . . rat weer.a • • . . rrur . •a,• . . r • Ii .ti T. u. a . a • ar:... . .. . a:ta •r.41 ' rVisiof 1 - Amendments to Zoning P'Iapia . . i. . a. . . ..aiii . iiiLaaacaaaaaai a, ai : Faisaasii. i4 . se . ai. it 4aso44a114ss1- 4. /s ra • .i •5 4445 Sc 2. 3-2- 10 . J L!111Lnd 11!ent p1 Y e d Li re s ta . i ii Uc . 1 . e . a a I99 ! • tn . r • . 9 • • r . ! . • 9, •. • • • t r . . t9. ! • MM 1M Pt III 1 . \ •4S Sec . .23-2-20 . Duties of Department Planning ■ ■ 0 C S. t i l l ,. . i t Y e o • • . 9 . u Y a a r .: • ' V I a iii ' ■ 0 . . . . . n u u •4 5 Sec. 23-2-30 . 3' 110,, I of 'n .gJ aO 1. 1 Sri 1 Y S L io 1•�, r 7 '•r'/ irr • }/'1I' • � Y.��I � � Planning ��Y' IE 191AI�VIV , ■ r • ! s . . ts . r . r . r • Tur . r t . . ikri or er . an • • ti . r-t -lyi iri aYteek itr htt £ t? et31r9i- ' t + Y £ 1-t 99 'f et .. Sec.. 23-2-4- ! - Duties of rd f Count Co I I�,miss .ion V I s . 1 ,. , . .• .. . S t ./ 4 4 4 r r t. . . .. r . t r • , •1 r r • n . . ... • _ .. ■ �1r. ...11t Sec, 23-2-50 - Application, requirements for Change of Z'i.J'nL.r . Sec. 23-2-60 . - Effective date of approved amendments . . . . . . • . .. _ . . . . . . . . . . . • • . : i . . . r : . . i. iii . iaiiieiGiV I �.• •- e • Y I !' 1 4.P .l l .-�1 � 'r 1 9f.i' .'a 4 . . 11 . ..'* a {'4 i a i • II Y u.rua .4ii . a . . . resea . Y it a 4•b J i . . . . i .i i .i,b i a . . a • i i a • i i .iiii . iu.Y•• i . i . . . . . t•4 • •4 i \ !i • • • Sec. 23-2-100. - Amendmentsto Cho pter. ! . . . . . .. . . J: ...a • it 54 1...i e .�.,•. Ii.a. i O . Du i I epa rnen Tannin A 3!!IE 'Y I�.�'9•� r ' Erg . Ur , II la \ e . rl . . . . 1 . ete . . . VW , . . a \ \ rrt a Tit even ! . . t tn , t tll rtelrt Sec . 23-2- 1204 - Duties of Planning Commission . . • 11144, I ta . e • . al sti r • . t \ . • rtlet 54 sec . 4.J 23 _2_ 130. - Duties of Board County Commissioners. 54 • 331 .r Division i3 - to Plan Review Y e i r , . .. t e e i r i p w . • • . d a t a . . . . . .. . . . " . . - - a i a a i i i e a . . S S 4A e i V 6l ! 1 J l .• ' ' • '!1 •� II'f I I �, • •• • . a • . . . . .. e a. .. .. • owned • • • a s . . r • a a • • . .. .• iY : a .. r a . . a • • .a a a . 55 ,Rt'a'.1,�iI y�'J Q�+1• ,f9il [yl��, 4 {� f\a Y n /'� ��.7. ,/'� ��.• u .. ��J'��j� 'l..f e 1� � 'V V . IY./' 6 I •ai}i o n f i . . . . . . .\ r .' l a n • • • t \ • • • -• 11 ■ t . a l r • • r v . . t \ . e r l I I I Y . l t \ . 1 e li . r Sec. 23 -2 - 17G , - Changes and termination of use. . . . . . . . . . . . . . . . .. . . . . . . . r .. . . . .. . . . . . 6 2 es.• i I I� I on• • r '1� d r a a . . . . . • . . a a . r r e . . . v • ! a • a r er a r i e t a r t •. i t 9 04 • • • I * 15 r i m s t tr t d • i i r E Y k l a n r . • 1 i . a e r . I • r e s e r ve r * * , t en Y . . . . . . . . . . Y ia.t Sec . 23 -2 - 185 Approval and recording of the site plan review map e. . . . li weeny RTtt , teen n . , . . l e , ltt . ette lerl / IIDIe • 63 Sec, 23 -2 - 19e • Enforcement of development standards , • • a . t . 4i . a . . ur . i . . . . . . :.a Error! Bookmark not d nnY'd . il I .}• I .. . . . . . iliia¢ i . - . •A • r - I t4 a 114464- . . . . . 144 . 1 i444110 • ti .i .ia . ir • i:4SI F 44 . 44 •- . a . . . 3 Sec. r'''i 1rJJJ"' t'� applicability , �^''. 63 Se . 23 -2 -2:0G . 1L Intent and applicabili• ty . . . ett . a . hateel . . ., lal • . arr . . • v . ., . • arrCl1 1. . / snit II a • . • . rr . . . . . err Sec . 23-2-210 . - u�Duties/ies of ,Department of ■ lanning er I eS . . . . . rr . . . w4. . : gnat .iaia & . . . . .k 0. taaaaaa aiia . i 3 . iris . i t i 444414841 I saassaaaail ara. WY 64 Sec . 23-2-220 . - Duties of Planning Commission . . .. . . . . . • ida . . a . 4 •- •• •41 44 . 65 Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 2 of 246 Sec. 23-223.0. Duties of Board of County 'Commissioner i . . . ePY # # I ! 4s ! ; 4a # aa44Itmb # # 4s1 FlYt¢ g41 6 Sec. 240 . Design standards 67 Sec, 23 -2-250 . - Operation s ta n d a'rd Y \ n . ! •a #..]' Y .Y » r r . • • . . .: . . . . .. . i • • r . s 68 Sec. 23 -2-260. - Application requirement r44ise . ! @lte4lf . f 3 . k Mt . :f Jau as . t . . . Fr . . rq . s1II i ' fr \ l i4m69 Sec_ 23 -2-270 _ Development s to n 5.7 a rd Y: ..r . 9 a 73 Sec, 23-2-280 , - Changes to a Specia'l Review Permit. 73 Sec. 23 -2-285 . Minor amendments 74 Sec. 23-2-290. - Termination of use r -e r . ! - - a Y f f :far . 4 .. . . n . . . . . . . . . . .. r . . . . . . . .. . . : 77 Division 5 - Special Review Permits for Major Facilities of Public Utility or Public Agency . . . n . r . ! , 78 Sec. 23-2-300. Applicability 4 . . S44 _ 1 . • \ q . . . ! ! ! a ''. a / # r ', i & a . . : 4wrr . • e •r ! lemn . . ' \ orr . 1 78 Sec. 3a2_310 through 2 fat 1lJa . . l . i aa4ii : ii : a . . . . . . . . . rrr / gnat $ 79 Sec. 23-2430. - Duties of Department of Planning Services . I :i Y ! a 3 •1 R z i k } -a 9 a # # 2 A i F k i i L e e . # # i i i . n •. • • . a n . . . : . • • • ■9 Sec, 23-2-340 through Stec . 23-2 -360 . . l M P99 ] / Jm ta4i1 ] tiAlelim ] laa amei is Giiiiiaa aei : . rw r • . . r 81 Sec. 23-2-370, Application req ti Ii me nt . . . . . . . • "] 9 1' 1 . . / . Ji61 } 96dY . # iY 44i . • •Ys • . . . . Ya . • . . . . . . . r . . •' . • • • n • . 9 m . Pf 0. 9900. 4 # ) .{ Y981 Sec, 23-2-380 _ a Drawing requirements for r facilities plan maps plats. r . .. at . . . . r • • r s v s e t m m . m r r a i a g v 9 r a i t S 9 i •i i } i # a v i• i # • .} 4 a fi i k i 3 3 i 8 3 Sec_ 23-2-390 , Drawing requirements s for utility line plan map . #.,G .A A, a i1G iDJi aG GiiC G ; w. i : .. r • . .• 0 . 84 Sec. 23-2-400 . Standard . . . r . r . . a . . r . . . t11 J nv9 • • 01 • . . 86 Sec. 23-2-410Y Changes to Special ReviewPermit_ - , iC . TT1 i \ Y :Y . ♦ i . . . . r 9 85 Division 6 - Use by Special Review Permits for PIPELINE DOMESTIC TI WATER . 1 . . 86 Sec . 23-2 -440 . Applicability • • . I1 • • / ] . mmL1 aJ Gi ] ii G : iiGiw . . . . . . . w • . . . r . . . . . . ww . 86 Sec . 23-2 -450 . PSJSt onship of regulations to other requirement : ii ! ! l . Ybi . { : Lnik r , . : . ms . f86 Sec - 23-2 -460 , - Prohibition of construction without permute 86 Sect 23-2 -470 , - Duties of department of planning services i . nT • 86 Sec . 23-2-480. - Duties of planning 4ommission . Gal ws iwawi : . _ ttP rriailfe . s . 4 . . fr . . . In 87 Sec. 23-2-490 : - Duties of Board of County Commissioners _ , _ . . � T . . . . . 88 r a v . . . . a n • • r 1 • T q 9 . . 4 . m P-M # ! ! ! 4 . . N M . !1 Sec,. 23-2-500 . Application for use by special review permit. . , _ : , , , rr , \ far , , 88 Seer 23-2-510 . Application requ i re m e n s i . q Y ! l . . m r r 1 ] n I S i a m a c c a . . ] a a a & a a a a a i a a S i a . 4 1 . 88 Sec.. 23-2-520 _ - Mapping requirements for r PIPELINE - DOMESTIC T E 89 Sec , 23-2-530 and Sec. 23 -2-540 ! 3 a 6 Y i . n c Y . i t i . . . f . •6 +f . . . t . i Y .i J•J r r m s'.r .-m b,Y 4 .] 111 . M'T ! ."f T r 1. r 1 '1• 90 Division 7 - Geologic--Hazard Development Permits (Repealed .. ) •a-ns*ia .L 9O 90••mr l.I • • q.>♦r p ■ 7 S i t n t 1 . r r • n n n I S 1 I n m e . v . . . n n ] . ■ J m r e P i . / n m ! i i m m m 4 4 ] a i D A i a J : G a i } L s - . .. r . + q .r . + ..# i .• . @ i i Y a m t .: ] Sec . 23 2 560 . Adoption and amendment q ! • • • • • • FI Iia ! .! ! m . . . . i L . 4 Y Y . r i .. 1. 4 0 .0 .04 a ateam . f . it new „ / t „ , , era a amt # #.]a m . mass . Y 91 �1 Sec . 23-2-570. Duties of Department of Planning Services : alai . . } : . . . i _ • q . . . . n . _ . tterY , 01 . ! 91 Sec . 23-2-580 Standards - - - - - ' . . . ITT r „ emits eamm . rMIMEO a :. qi fr 91 Sec . 23-2 -594-- a. 4 G LIL+lF 1 requirements-I e . . . .. . .r - _ n . . . . .. . . . . . . . 91 Division 8 - 'r irem nts of PUD District ( Repealed ) 92. /� rf.. • g g •! 43 . err1 / . f . . 3@e i mr4.. Sea 23-2-650 , - I n t nt • L 1 1 m 9 . / • v O t . L . u . Y . . • r * U U n • • . w 92 ��y -.r•Y conference.�1. f� Y 4 q # ! '. • i S J G . . ■yq, Sec, 23-2-660,- ----Pre-fp� R ^ = f!'1t`Qrl Yonf ere n Y1e . ! . . 1: i . a I - . • .Y r r r tr . . . w . . r n n . . . . . o . •: .,a . m ! , .• r V 2 1 9 S Y i :1 Sec. 23 -2-670. - Sketch-plawapplication requirements : a k . . 93. Chapter 23 _ Zoning code updates 3/6/ 19 DRAFT Page .3of246 Sec- - 23- 80 . - P' IUD sketch plan review and confer-- n , . , r . . rr . . . . . . F . . . . , , . . . . . . . . , '9 Sea -232 cG7.iu I LLD Dict11 ict Ilea ion r gukem: L r t - 4411 [ . b [ J 4Fllt . FP4a II4a St ! I . 4111 iii . NFl , • iii • r . . : i 4r 94 Seer 23-2 -700. -Duties of-Department of Planning Service& . . . . . . . • . e • n 96 Sec. 23-2 710 . Duties of Planning 'l.aawPo mis :o . . • • • eP re • ni . e . 1 un e ! [ n ! Y rY mai . a ! l P11Y ae96 Sec. 23 2 720 . Duties of Board of—Gro ion 97 J• — l _ ! ' ' ■an application-f q u/re'm e n t , P „ Y ! 1 T ,: ,' " l iY .l Y . . 8 Sec. 23-2-740 . - Illustrations- eaye . e + r . etY . r Y •rs . xeeeerte • xte esreer . . nrr r r -Y 1 . ! r ■ a 1 1 .! a e • i 99 Sec 23-2 -750 _ iVia trx - Y . sr 2 trt eri Sex4r re . e • . i . . sxv a . a Fr • • . F . a • . . F . Y . e 99 Sec. 23 -2 -760 - Duties of Department-of PI nning er }ees - . . . . . • . , , . . . . . • . . , 101 Sec. 23-2 -770 . Duties of Planning Commission- x . - - - - - _ : e - - - r . : . r vY ev va rr ! ti 102 Sec; -23 2 780 . Dudes of Board of County- Commissioners- . . . e4 , , . et 0fltott , . fttli € x10 ee. 23-2 797— iemerita procedures and requirements , t103 Division 9 Fees ri . essa _ sr4 : • • s err . Ye , rr . • x . : le:r+ a . . rritrr .rrr,r iMe+ rl , . rrrya .+ c M . r 1 04 Sec. -2-900 . - Fees established . . . . _ . . . _ - - - .. 104 Sec. 23-2-910 through 23-2-940 . - i LFi Ydii ' 104 Division 10 - Weld Oil and 'Gas Location Assessment (WOGLA) .. . P - , , . 105 Division 11 - Location Assessment for PIPELINE - NATURAL GAS or PIPELINE a PETROLEUM PRODUCTS OTHER THAN NATURAL GAS (LAP - . . . , . 105 ARTICLE III - Zone District - - _ An ; Division I - .P (AgriCsL1itLJr3I) Zone District . .. . . _ . ... . . . r .. e .. , e- e-+ 4ee 105 Sec . 23- 3- 10 . Intent. 1055 Sec. 23-3-20 . - Uses al owed by right outside of subdivisions and historic townsites. . . .. . . . , . . . . . . . . . . . , . . . . . I . . . r 105 Sec. 23-3-30. - Accessory uses outside of subdivisions and historic townsites 107 Sec_ 23-3-35, - uses al Inw,ived by permit outside of subdivisions and historic townsitese = . 109 Sec . 23-3-40, - Uses by special review outside of subdivisions and historic townsites . . . . . . . . . . . . . . , , . . . . . . . . . . . . . , . . . r 110 Sec . 23-3-45 . - Uses aIdc ed by right in subdivisions and historic townsites . . . r , . . _ r. . r r rn • e + - - rr r . . . . x xrr , n ► Seca. 23-3-50 , - Accessory uses in subdivisions and townsites . fistik requirements . . . , 113 Sec, 23-3-55 . Uses allowed by permit in subdivisions and historic townsites • . • . . . a . . . . . . . . . [ . 114 Sec. 23-3-60 . - Uses by special review in subdivisions . A 1 ( Concentrated-Animal) Zone District- 114 Sec . 23 -3-65 . a Uses by special review in historic tc nsites . r , 116 Sec. 23-3-70.. - Bulk requirements. i . _ . . _ . _ i . . . . . . i . . _ . _ _ , _ _ _ . , . 1117 • 1 ^ r • f n 1 Y l e F f f [ ] • • l . l Division - Residential Zone Districts 118 Sec. 23 -3- 100 , Intent 1 1 8 Sec, 23 -3- 105 . - Waterand sewer requirements : : z : i . 4a . - . . : : _ . _ . 118 �j ( Low- Density District•e - e ! ! r re . . . . . ri ea • . la . . . ■ . . a . u [. Y aae . a a • a Pa. J. a i ial [ [..i : Sec. 23 -3- 110 .' - R - 1 ( L. Ri -.Density Residential ) Zone s F a.; {. a . l a i r.F i . L J Y . .. .. . F s ! a ! • i . Y 1 1 8 Sec. 23-3- 120 _ R -2 ( Duplex Residential ) Zone District. i . liii iaiJtarG _ _ . ih . ao .e . . rr . . w _ w . • • ay w9e , tl rrteY n • xxerY , . rrtl trt [ [ u • . • . J1 ` ■ ��`'� I Zone Sec. 23 -3 - 130 . YI 3 (Medium-Density Residential ) Y:a n e District. . . . a w . . • • t i 1 Y P _ • P i ! t Y t i t t tl tl i x F . ! r t Y r e 8 Y x . F n i • e k 1 v v e 123 Sec ,. 23-3 - 140 . - R -4 ( High-Density Residential ) Zone District . . . . . .. . _ , » • _ . _ . . . . , - s s e e-•--: f x •P r .t t . e t r 1' n c 125 Sec. 23=3= 150 . >. R - 5 ( IVIDTat4e Manufactured Home Residential ) Zone District r127 Chapter 23 — Zoning code updates 316/19 DRAFT Page 4 of 246 Sec. 23 -3 - 16C . - Bulk requirements _ . . . . . . . . . . _ . . . . . . . . . . _ . . . . . . . 129 1 . . . . .: . . . . . • . . . r . l . . e u n t - 4 4 t „ Sec . 23 -3 - 170 . - Farming of undeveloped land _ . . - - - - - . . . . . 131 ° Commercial . . . . f :l . . . . . . . ,. . t . , n . n : � „ t t . . R e r . f I f r , T e ■ „ P ■ N U 1 1 Y :n . I i i Y a . Division 3 `�.J'' oI 1 tl mercial Zone D' Y:#t1 Ids Pa ■ as is aa : aci : i : Ym : n . - . 132 Stec . 23 -3 -200 . - Intent 132 : .• r r • f . . r . n e , , ! ■ i YI N 1 .■ .Y LL L Y Y i Zone L i :. a i i .. . s ,.. . i , Y r ! t r i a t ..' II P, I, , ! « ! Y i•1 �, N Y' Y 1 ■. Y a I➢ Sec . 23-3 -210 . - C-1 ( Neighborhood Commercial) Zone District Yim ► L .. . m Y•M # RR IN'■ RIN a: IY Y-IiYY YLii iG � Li : ii 132 Sec 23-3 -220 . - C 2 (General Commercial ) Zone District. naaa . mp41 . : + _ da t . a4tr L . . . . . . . . . . w • S ! f IIYTYL LY iiPPPit ■ ./ RYYYiiii 136 Sec.ec. 23-3-230 , - C - (Business Regional Comrnercia ) Zone District . , 139 T e f „ e e , s r ■ � •e rc . • I ) Y L c Y ■ . a r Sec. C 4 ( Highway Commercial) Zone District . . - 23-3-240. - - 143 Sec.. 234-250 . Performance standards .- Bulk standard _ . - - - . . . . . Y 146 L i . - - a , '!.! SI fi t 1 -. m . . f . v a ! P . • . f R I u r Division 4 - Industrial Zone Districts PF ■ 9 -0o- a - iiMr1_J .. r Ts ! , VeYYT •• Ii I . . . . J•iiWi !# f9MP (IP «AIYT Niffi Sec. 23-3-300 . - Inten . • s . . I _ } . : 1 ■ :Y :YYYi Yiii Yw4r • . n Y' YLs . . Lae •: . ., atsa . wi.Gi Ftii • : r . m . 149 Sec. 23-3-310. I - 1 ( Light Industrial ) Zone District. . . « aa14g Sec. 23-3-320. - I -2 ( Medium Industrial ) Zone District 153 Sec . 23-3-330 . 1- 3 ( Heavy y Industrial ) Zone District. . w •. Tf . .. . . r ■ . esert 157 Sec. 23-3-340 , Performance■ 1 Y ance standards . Bulk standards _ rf f a , •t 162 Sec. 23-3-350 . Design standards , ( I 4 e( Repealed l e d . f e L r. r. r r I I I n • . a .: a 4 .. s .: . . . a . a r . \\ GGG " 162 Sec. 23-3-360 . - Operation standards ( Repealed . ) - . . . . . . . . . . . . . . . . . . . . . . . . _ . . , t f • . T Y .I • Division E ( Estate ) Zone District i _ , , , rr , lta ■ , 1 , PPPCIY , ■ i n . . • FJP { { iiffiiiiiirRa + , lei ! « « f 164 Sec_ 23-3-400 - Intent 4 . • • .a Y •TRY , I , Y ■ PNCI ■ aJa • aaaaPYP { . i4 iii . '.fr • + . . . . , . 1 I 4aaaaa - a- L . 16 ■ Sec. 23-3-405. - Water and sewer requirements . : . . 164 Sec . 23 -3-4.10 . - Uses allowed by rllgh nea . aersl , vttp . , aaiPM ■ ■ ./ :YYi Liii . ► . . . • . m . . fa . . . . p ; Y9V 164 Sec, 23-3-415 , - Uses allowed b ■ r i c h ■ S U b j e ct to the requirement o ! Site ■ Fan Review. 4 4 Y Y . . . . - :n . L L m P 4 Y t t 165 Sec. 23-3-420, Accessory uses . III . f9 Iu ➢ a ; a . . . . . . . . . . . . . . . . . ► 165 Sec. 23-3-4.25 .. - Uses .� � � permit. f l-�f L L . M Y 4 . • . X . • • J . . 4 . 166 • . n ♦ n . . . • m . N I I I : .. ➢ a s . . . . . �},�...YL..iiG■ ,-/P�y. -,/�fY Uses Iy' l � q �I � ■ i-P Sec. 2 43O . - Us'es by special reviVfT . la + rte rYI Y ■ ■ mam r . . . a . . . . c . a ie4a . . . . . ,- , , tee se 166 Sec.. 23-344O.. - Bulk requirements i. Y - - - .. : . .. . I . . . . . . 1 67 r ! • f l tl . f ) ) Y L 1 . . , I • • • 1 . • 4 1 ➢ .'1 n i i, F D v sign 6 - PUCE (Planned Unit Development ) District Chapter 27 of this Code See tr _ a provisions of Section - 1 -80 /:] 167 Sec , j{�f ,,■1(�1 ,�^YYI ec , 23 iJ 5YJ0 . - nt ( Repealed . ) 'c I t . t I I u i a W i L i I Y iY G • • • • . . e 167 Sec. 510. Permitted uses. ( Repealed ,. � Y . • '! R i YYNI I + s4iii a 4 - . .� I 168 AAA fr Y i . Y • • .. n. . . . . . P L « « 1 ■ . • . . • . r r r Sec. -y}F}l{'�a,,..JJII�� Performance I�r�Pl', rj}' '1�1 ,rm�� T 520 . - R e ■ ■ 'ance standards . ( Repealed . )) F • • lsaas { 4Gti , - er . . r . TY . . . . . . . . . . . . • . . . . . . . . . . . „ 168 Sec. 23-3-53O . - Ste -planview -required : ( Repealed . ) . _ . . . . . . . . . 169 Sec. ice) �a'•. ��'f� 1� �''f� �«'� ,�'!� ,�-'5I� prance ,.i� F i /'�1 .Y , . . 1 . . •. . o I .. • . Y 4 9 c } r S e ,IF". 2 54 0. - Pe rf r��.,:g n e—sta' '�+1 arc con re 1.� u i re ,.:f 1 ( Repealed , n f•■ nl l Y N, 'Y P P P N N I :Y L W L L i i i l i i 1 a i t t 169 Sec. 23-3-55O . - IiSOS artl ay-F Ft. ( Repealed ) . . .. . . . . . . . „ „ , , , 169 I ,� e . . Y .. . . I • . . . .{ { . f PPP ■ / : a : i : : i . L . Sec. 23-3-560 _. - PlilDs subject to Chapter 27 of this Code . d . . . . . . . tr . . • . , n . . a . . Lm « I . Y } + i ■ ■ ii . . i . . 169 �.�w�■ Supplementary Regulations q +'' '' ARTICLE IV - 1d upplementary District M Regulations and Zoning Permits ! ifiiifiii'JsYii:iifs . . « p„ gin.• . . . i / N'N 1Y•Pfil i'i!'. . . . . P 04 . 169 Division 1 - Off- Street Parking and Loading Requirement ■ P 41 / .YN to ■ CP PPN4 ■..Y ,i 1 iiifff _ iii. r.t'lTS ,", flf if �,f, f if liiiff11i11:i 4y y`.69 Sec . 23-4 - 10 . - Off-street parking required - , - _ ... . . . . .. 169 • ! r d •T R • 1 'f O P P ■ Sec , 23-4-20. - Location`■��.PJ' off-street ��'!!t� i n of , parking a re a s . • .. 4 . • • 0 .r . . . a n . c p . 1 4 a + d Y F , i a e t . v ♦ . d . . • . . . 4 •. • a ! ■ I d .L Y Y 169 Chapter 23 -- Zoning code updates 3/6/ 19 DRAFT Page 5 of 246 Sec. 23-4-30. -_ Design and construction of off-street parking spaces > r „+ , t 4 17 Sec. 23-4-40. - Number of off-street parking spaces required 4. 4 . 4 . , Sec.. 23-4-50. Off-street loading required m r + a . . . . pP / 1 ! ! O9 ■ • ■ e , .1Lp / 'TLPPS . • n • V1 '1 •A •.•. 11q i • . • T . .. ri . LN S - p Y . . 17 0 fivieinrr 9 , signs 7 7°1 kr� IP A5/ P % P R 1, .'.rel, U 'tifi� er + r • - - . - _ . rr'e + . ere e . . rrrer . 9ee .. . e . eeer• e er _ ri - rer. � rrre � rerbrr-r1 . r .aierd . rre vr # -4 Sec. -4-U0 . - Purposes and applicability tr : . . . rt • . � . = .. . . . . e , - . . = nr . _ , y + T .e � + er = � er � � t1 : � . y . . : rrr : er 171 Sec. - General provislo 1 r . . . . , 1 � • r . rk t , i rt v r r . + 1 v . r . s Sec . r -75. - Definitions . . . . . , . . . . . . . • . e . • . . . . . , . . . . . . . . . . . r s . T . rP . . . . . . . T . • • rr . vi . 171 Sec . 23-440 . - Sign construction standard . , . 1 , 1 . „ r • T Te + errrl a . . . . e „ „ „ 1 73 Sec. 23-4-90 , Design plans for signs requiring zoning approval e rerree • ra • r e . , e1 / 11 , ee ea - rr , rff ■ . LaI . ae L . . . r . re . • err . . . 173 Se'V 1 23-4- 100 . Nonconforming signs \ • l 1 l o I r o • . • e v e e e r s ¢ T e r a 1 1 u 4 d v . • ] . a 1 L ] 1 I . • • a . . e ] 1 . I . u 9 Y r e L e . o L . i e l r . . Y . . . .. . 4 e \..e i e .I e. • :L 174 e..l..e . 23 -4- 110 . Computations of sign area and height 174 Sec . 23-4- 120 . - Requirements for setback , o % et and clearance , . . . . . . . . . . . . e , . . rr . . tr . . n . . . . . . . . . 1 4 Division 3 - W i4e-Normes .and Manufactured homes , manufactured structures , and occupied recreational vehicles 175 Sec . 23-4 - 130 . - Permit requirements _ . _ 175 Sec . 23-4 - 140 . - Mob le--hernes-per ittted in the A Zone -C st t-. ( Repealed . ) . . 17 Sec . 23-4 - 150 , - Temporary use during construction of residence . ree • • _ • • • aly , eel 176 Sec , 234- 160 . - Temporary storage of mobile unoccupied manufactured homes, . . . . p „ „ , „ . „ . , „ „ „ „ , „ , „ , „ 1777 Sec . 23-4- 165 . - Repealed • JOL . . • FP P ] 1ll , Je . LF1 . Y YJ . . 1 . . L ¢ 1 ae I . n . . ei . . O 1 . i \ . a . i . . 4It . YY \ \ . P1. leII .iMBLLLt ■ L k6 ! T11Jr . i . . • P kir I1 4 Ji . . J aale1 ] I1J . • . i 178 Sec . 3-4- 170 - Temporary Annual accessory farming use. 178 Sec. 3-4- 180 . _ Tempera-r- Annual accessory use during medical 1 . ¢ . , a . . r1 , . . . . , 171 Sea 23-4- 190 . - Temporary accessory use as once . . + 1 . . .. 1 . . . . . nl . . . r 180 Sec, 23-4-200. Principal- etltng un t^ ( Repealed _ ) 181 Sec. 23-4-210 . Repealed . . . r1 • n „ I „ . _ r . • ' a - I etIert a er • ve • - . , II ? 9 - ^ fa t Y - . 1 , rr • l • • . 1 , 1r � 1 Sec. 23A-220 .. - Mobile Manufactured homes/Manufactured Structures in C or I Zone Districtl a . . , _ . . . . . . , Sec. 23-4-230 . - Delegation of authority . 182 Division Open Mining t e t Y d e e e r r e e 1 t r r e -t 1 e s e e P r e s o r e '• 1 e - • e. • '• T e e _ r f • '• e e e 1 . . e e r r e e 1 i Y e e e •. •. • • Y Y •. 4 a a e .e e . e t e e e f t s 9 . .: i e e B e e L e .t e e f , e e , r r e t Y i f 1 , e B 183 Division - Supplementary Regulations for Certain Uses by Special Review e . . Li . . JJ . 183 Sec. 23A-350 , - Livestock confinement operation. f . w . . r .e . . 183 Sec. 23-4-360 . Fertilizer storage and sale Organic fertilizer production and composting facilities . . . . . . . . . . . . . . . . . 184 Sec. 23-4-370 , Outdoor shooting ranges T , ^ , , ! . r r t 1 'P n 7 . , r P r . r r , 184 4 Sac . 3 -4-380 .. - Solid waste sites and facilities or hazardous waste disposal site . . . . . .. , t 185 Sec.. 23 -4 - 390 . - Sewage system . . . 3L . 53 4 � ; . ai . . . 4 186 23 -4-400 . Kennels - _ J . J . a n r l�{ i L _ a a a s .l s e R t t a .. :. 3,a a a t! a t � e � c F ?+ - . . >: r- a Sec. i .i . t a .. ,. i i . e ! •t I 1 v n . e . i P L 1 l . r 1 n • . e i . P r l e e r 1 . • L . 1. F 1 1 e I. 1 :1 t L L i J .i Y Y a . i t i G i li L i • i i i r .. . 1 a .1 i i i . 3 i L { • . 186 Sec. 23-4-410 . - Drive-in theaters_ ( Repealed _ ) . 1T .. . , , . . . , a . . , . . 186 � 1 e f . i f P P r a • t # i r r a r t f i i r . . • . • �a t r n n • • . a e Sec. 23 -4-420. - Pc u- +t s. ( Repea ed and re-enacted as Section 23 -2-400 . 0 ) . Lti e 187 Division 6 - Wind Generators a n d Permitting Requirements » A a a a a Y a a i s s Y . c i t a s + L a a .. 3 a s i. n . .: .i .i..i.r ii F. : . t. ! t. " ! 187 Sec . 23-4 -450 . Wind generator standard . . . . 1 . . p . . . . . p . . . . . . 187 Sece 23-4-460 , - Zoning Permit for Wind Generator permit application r!eq. uirements . rTn . rt P • . pn1T / . I 1L 188 Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 6 of 246 Sec . 2T -4 -470 • Delegation of authority . rr + > . : f . e lin ertleci 1 . AiLL t + q. il a fr . ai , F . i ; 38kr i6hi . Git . . 189 Sec• 23-4 -475 . Notification and appear of denial . . a • . S814 ® Yrier • T . t . . Y . • • wwPF . wPr4 . .4ywww M1' tYrw . . w1! . 1FtiM . . ■ . Pita189 Division 7 - Temporary Seasonal Structures Uses ti. ! ! : : LYi :s , � rrlr, 6 • �,•, , 190 Sec_ 23-4 -500 . - Intent and applicability . . . . . . . 190 : Y • i n r •: • . . . w w w r r . . Y • '. ■ P .' r l i : •i i Sec . 23-4-510 _ - Duties of Department of Planning Service . . . . . . . . ' i is : i i 190 Sec . 23-4-520 _ - Application requirements for temporary seasonal use permit. . . . . . 191 DR/Sion 8 - Second Single - Family Dwelling in the A (Agricultural ) Zone flistrd f . , rt . . . . . . . . w / P .9 Sec . 23-4-600 . - ■ ermit requirer en - ( Repealed . ) . . . . . . . . . . . . . , . . ! l / 4 F . . . . . . r . r . . ta . . . l rr In F . • sat a33iii 191 Sec .. 23-4-810 . - Approva-=process . ( Repealed ) . 192 , Y! .' t' e t / ■ i k F i . . i / / 4 L Y i . i. . . l w . i r r .• • a J a a , . . , a l . w F a F F i J q . { ; +Sec . 20 . - De ti n Y- a thYI Nty1 ( Repealed . ) . .: . . . YFLi Yi . . rii. i i . w . Fgarrw • F iG . . r . . . . . . . 193 Sec , 23-4 -630. Requirements for a second single-family ("Welling . 1 ,1 iiti . iiii . iii . 193 Division 9 - Miscellaneous cellaneous Regulations .4 * RFA-.i ! ! r t ! TF1 1i !'F'4• ! ! !9�•! ! ! 1 +. . 3 Sec. 234-700. Manufactured-homes ( Repealed ) . . . 3. 1 . 34 .3 aL4l . 11Y . Li . . , . . . 193 Sec. 234-710. Livestock feeding performance standards, wrltl . . . / lrt1Y11 . 1 . 1 . . 4L . YG . t ti Riiiii : ) iii iih : ii 193 Division 10 - Antennas and Towers 9 ! ! / r ! r ! !! ! ! !7 { iii iil GLiii ! � f . F Li Lr1 . I . . LYSSSSrSl94 Sec . 23-4.-8.00.. Purpose Fiiiiiiiikii . v . ii : i . . . . • . . . . . . . . . . _ a . - rte - trn1uu . / 4 wP . . JPLLAi . . . 44 ■ . s . . 194 Srv . 234-805,. Definitions 11 . . . . . ttu iiiw . . r ! ■ ■ w nit . O Y . 11 . a . . . tIi 4gaI Iaaa i rrf ? ! ! ll tti ! l . 3f i . 6et fhQ F . aaw . rr 195 Sec . 23 -4-810 . - Preferred order for locating Telecommunication Facilities. aq . / lt i G i . : 195 Sec . 23 -4-820 . General requirements st . ! ! St n •11 ¶ I P1 nstl . I l .4I II IaNt • t s n • . i liYiL .: . • . f . . . • • • I • SSSI . L . . e • . 0 a u F F F4a . . ee . . . . . . a • . . . . 195 Sec. 23 -4-830 ‘ - • tandards for Telecommunication Antenna Towers_ ar I ta , . wlr . . . . PP . . i . . . . 196 Sec . 23 -4-84G . - Supplemental Use by Special Review Permit application requirements for Telecommunication 1n 1.�°'1A, ys''.1.• 3 . . . . . . . -.:.. . : + 1 .99 Sec .Antenna ��' .��ir.J _ TrtlYt . tvFlttT . l . li . / / 41rF FJ . u : : a . F . .1 0 • . . . e JiL . YY �YA . Gr, ii Yii . • n � - . • • u : a . uF • i . .. gYFFFiFFJ� . - ec . 23-4-850, Applicatbn review of Telecommunication Antenna Towers _ . i . aYita4aaa & Liii « i : iiii . . . I4 . a . . . . „ r . , . . S. g_. tr , 2 Y Sec. 23 -4 -860: - Information request. c . . . . . • . . . SSTe. F • PIt . . . . . UI. l $ * YYLiiYYMf i » a , Ln , . 2011 Sec. 23 -4 -870 , - Zoning Permit for Telecommunication Antenna Tower permit application requirements , , . L .. . : 0 Sec. 23-4 -880 . - Referrals to Municipalities within one- half (1 4) mile of Commercial, Antenna Telecommunication A n te n n a Towers. r v e '.5 I . . • • + . . . . . . • . . . . . • • 1 i . . / / L L ! L . a . . . . P L e r i x : : . . . . . . 201' Sec 234490 . - Delegation of authority . . . , . . . i i 20 Sec . 23-4 -892 . Addition of Equipment on Existthc Te ecommunication Tower Facilities, ■ Ltr laYii . _ a . LY1 t,: . • . y . 201 Sec . 23-4 -894 . - Subdivision Exemptions for Changes to Existing Telecommunication Tower Facilities I , ww202 Sec . 23-4-895 . - Requirements for Noncommercial Towers _ _ FFr , t . aee . , , . t411 . F 202 Sec . 23-4-896 . Cell on Wheels ( COW) . 1 1 J J , I . i L F J . . F L . . . . a i a . i . . a 2 0 • # i y i e e • I r n . . . w w . 4 n• # i y ire • a r n . t . a F w Y n Division i - Semi-Trailers as Accessory Storage . .. . . tA ; 4R6i : F _ � bl1F!•4•tierlrrr e'l rrtr . / / rrr/.'. r . rw . . . ■ r . i . / / 203 Sec . .2 4-9OOi Intent and applicability r 203 ' ! • •'! t tt L bi Yr . Sec . 23-4-91a - Semi-trailer as a.ceesso y storage permit requirements . : . . . : 1t , It2 / rF,' . )204 Sec. 23-4-92.0 - Referral process aFf . 11 ! 'r . . . ■ t . eelil . Lila . Jl ■ . SPIL . tIGYY : . J4Gii : : iae4. . . . . . . . . . ra . = r . lirirrr 2lrtt0 Sec, 23-4-930 , Delegation of authority. . J . . •. . e . wrww . 44F . . mq . , as . lPFfaFkifiLii . wdiiiiiiiAii eSl + rgrlT . lteFrlY . l20,5, Division 1 Parking 1g and Operation olf `11ommerci i Vehicles P. . rlw. ! ! ! T A . . RJ . R . R / lPP.6 { Ri . 206 Sec. 23 -4-950 . - Intent and applicability . . . . . . . . . . _ _ . . . . - - - - . . . . . . . 206 Chapter 23 — Zoning code updates /6/19 DRAFT Page 7 of 246 Sec . 23-4-960 . - Commercial vehicle permit requirements . . . . . . 206.E sec . 23-4-970 . - Referral process F .. . . . . rr . . . r . . . . set. . . . . . . . e . . , . . . . . . 207 Sec . 23 -4-980 - •- Delegation of . rr . . ax: . • . a . rktie . Ea , • Ef : iwera . . r •- t . aae YeEtre r . Y YYii trt . Y . . ia . rr • . . . r . a . rYr . . . arri207 Division 13 Home Occupation Class II Permit # PFF F ■ 74 i'i P7rR . ! 7R rr rr .47 !T. ! rri r . IJRrr 208 Sec23-4-990 . - ,{�'y_1" Y��e.F�� Il.. ir+y1��-5+, x llp. �ryp � . Rome Occupation 43i -as4 jkd >kk.tr.miIa requirement ir9 # 4i ! , 1 FFN1 { ! FoA r ! 4 . FPFt 1aiisisPFFi : . nL1L 08 Division 14 - Cultivation , Manufacture, Distribution and Sale of MediCall Or Recreational Marijuana Or Marijuana- Infused Praducts [2J . . . i4 . i I . iitl212 t �^{,InI Solar'tom Division 15 So a Facility i Gi . i. ii..iirriifiiiifi-i •iii : aiG GGi iii.iii Gii iLii .iii.G ii4iJiiGii Giif.Fu.i ii Li�iG ii GiidiGiii 212 Sec . 23-4-1030 . Solar facility . . r i . i . r . . u Y r . . . if . iii f f • iN . . ii . 4L it . r . • Y •Y . • r i . • . e 1 2: Division 16 Cargo container . . . . . . . a .. . R . rI . . R . . . . . . r44rrrrrrr .rrrr4rirrrrriiriM . . 4iYrLL . LYa ., i . i . . i . sseaurrr Mi i . n . iJS213 Sec. 23-4- 1100 - Cargo containers used for storage, an office , a dwelling or any habitable use . tY ! _ ! , , i21 Division 17 — Zoning Permits for Certain Uses in the Agricultural Zone District . . .: . .. . . . . . _ . . . . . . . . . . . , 213 Sec. 23-4- 1200 . - Uses requiring zoning permits in the agricultural zone district 213 Sec . 23-4- 121o . Operation standard . _ l t T T l S l r S S T r ! ! t y t • t t 1 ! l r . e T 214 Sec . 23-4- 1220 . - Application requirement . _ . . . _ , . . _ . . . . . . . . . i - _ . _ _ . . . - - - _ _ . T 215 Sec . 23-11- 1230 . - Notification and appeal of denial . . . . 216 + . , + - - rr . . 'nr1 . . te . . rr ■ / trIt . . . rta . . . . r . Yr . -e Sec . 23-4- 1240 . - Conditions , enforcement , and revocation of zoning permit. ! • . . . Y • , a , t * . _ r } kt , T ltil . t , l sgetistt 17 ARTICLE Overlay District ■ . Na . ia ■ a . a . . . . ii . de . . . . . . . r . . . s . . . a 1d Jm r.4i t •4r r.i'TrrR r218 Division 1 a A- P (Airport) Overlay District an . • 7RR ! I' eirY 1 : i .iRAa Gil Lir F9 :J iir1i 21.8 Sec. 23-5-10. - Definitions 218 Sec . 23-5-20. — Greeley-Wald County Airport zone . . i . . . aaY ,. .: . 19 Sec. 23-5-30, - Airport Zone height limitations IIiiat.ion :1 S . i . iW . . i . . . iitP . FfA . n . . . i . - . n . . . i . . Y .. . . e . . . . i Y . .. . 220 Sec. 3-5-40 - 1� se restriction _ . 0 1: .. .:•..a ♦i�.i....a Y . i. . . J _ i . Y . . . . F i. . . :, • Y Y .e . • i i . . Y'4 . Y I i . r Y .. . Y �: [`fff��.. Nonconforming �y`1 Sec, : - 0, use 220 Sec, 23 -5-60 . Variance T ! ! !' !' •' ! tY S '! . • ! T` ! ! ! • ! rt T ! T 1STTTTrr r . ? 11 - ! ! 't 1ft221 Division `. - Geologic ■ iazard Overlay District _ _ } r4�4riilili#lrFY�1 �14il 41ii'i 4'Fi lIPY�IMifiilii'lw .i ii'iiiii4'hi * t iflii-i-F'1-r r'i' - 4i i Sec- ` 3-'5- 100. Finding din g of fact.. - . . t iieltl . Pt' at1tttlfl kit . i• ritl4ytiktttkttwr . * . t , a . e . nitt , rt . vit . amr . , ,22 i Sec. 2.3,-5- 110 . Purpose .• .F _ .. t 6 '6 ! t I! I I I r! ! l l k f t o r'. . . . . . t t I t a' . . . . . . . .. . . . e t / „221 Sec. 23-5- 120. c Disclaimer of liability. . . . . . Ja . . . . . . . . . . . 1 . . . ■ LL . JLLf . . . . . . . ■ ■ . . L . . IJi . . . L . . # 10. . JJ . i . . J APJiii FLii ii-0L • iG _ . i . i _ i d 21 Sec. 23-5-130. - Uses permitted Building permit requirem.ents . . . . . . . . . . . . . . y . 221 Sec. 23-5- 140. - Establishment of District . 2+2TiJ]I DI ■ ision - Reserved . YiA, 4i•.frr ..i.. riii Rr.4•Lr l�f irrR it Nai r . . iR � rrrr4�i r.Yir \ li .fiaRiu . p FF N ...222 Division 4 - Planned Unit-Development Overlay District ( Repealed . See Chapter 27 . ) iGG .222 Sec. 23 5 300 .0 . Fi-nd-ing of fact e • • . t . a r . I e e e . • r a . e E . . E a t . e a i a • : : i . . i i N P t . . l s a L J i > . L i i i L J J a s i L 1 1 a 4 a -e. 2 i 2 Sep: 23 5 31G . Rur-pose . . s . . . . • . n : # . FF . i . . a . , . . 22 2 Son-. 23 5 320 . Lscs ocr11 itte : . • : a JiLi. ! . .lna . . : 1a i # I. J i .i + L . . . .. a 222 Sea. 2OJ -Tl 330 . ■ • e`mlui1eli .ie. 4th! . . . : . a . a . r ,. . . . ' : . . . . 222 w i .-. # i . ! d 4 . a v i # .. }-1-! 9 _ . . l i-4 4 d i i a A F + + . . '! i 3 4 i . A . # a A i P i 4 3 J a4 A A i< P # i F { d +i d-i ii i i i Sea 23-5-V- 0 _- 0 _ - Es:ao is imen . cf c is ti . . . , . . . . . . . . . . . . . . . • 19 . . . . . . . . . _ 22.E Chapter 23 - Zoning code updates 3/689 DRAFT Page 8 of 246 Division - Historic �IJ�■i District J■■� �■f■1 5 Historic Town sites Overlay D' }ricF . . an . . w • • .. lR*{ llYillrlt [ YQYP1 '1 . . .:1 . Y . 6 . • YYYYiYYYY i . / . • p . • • :• . . . 0 •. • • u .l Fa Ya { a _ _ _ 223. - aa's- ARTICLE I+ LE VI Board of Adjustment■ent ■ {acaa.a . 4aa r r „ MIr { i . . . . . . . rr . . . . . 223 Sec. 23-6- 10 , Powers ars and duties •' a c P a .. J . ! i i + a . . .' : L t J r ' Q 'n a d • « . : a 2.23 Sec. 23-6-20 . Appeals of administrative decisions« i . . yp _ s r , . . . . . . • . . . . . . . . . . . : : • . . . i • lii . . 2. 4 Sec . 23-6 -30. - Appeals for interpretation of zone district boundaries or lot lines . Y 224 Sec, 23=6 -40. - Appeals for variance a . L i i . _ . . . . . . . . . 225 Sec4 23-6-50. - Reserved Igif . F . R11 I ! ] 1 ] aas ' • .: . .. _ � . . ae • 1 ' ! Ii '[ '1 :11 • iaYLL4 227 ARTICL _ VII Nonconforming Lots-7 Uses and Structures . d3iii� 227 Sec. 23- 7 - 10 . - Intent. . : : . . . . . . . . . . . . • . . . . . ] . . . a _ L • . x . : 1 227 Sec. /� 4 •1`'� Y'�-'. I*� }. t� � I'' -''� • - • R ! t ! 9 ? t n s Y I' , . ! 1 1 Y n . . a . . . . u o . • . a a. a • f f} i : 6 r . . - : T T . �"- ^ 20 • o SOncOnf� c . 'ling lets ( Repl.!alYd . . . . _ . y ! tt '! ! f ! t1 t ! "ha kY YY' .' • • i•:f FrYif ! YY iFiia $ i . Y . aiY aai. . . +. . 227 Sec . 23-7-30 . - Nonconforming uses of land . 2 7 t 4 • e 4 . Y tr t t . • t e'. . t a . Y: a•• • ! •! • w i . l a i F F w L l .. Sec. 2 -7-40 . - Nonconforming structure _ . . . . . . . . . . 228 f..wy' r�.a� /y.y■,./1/L ��""��J /�! •R!y �''L F!� /�. Sec . 23-7-50 . 1- Noncor Nonconforming uses of structures , flf . . 8111 [ laitati Fiati : iai . . lYY4Rae . f Yktr1 a, . a . . . . . . . . . a / 111\ 22 ARTICLE VIII Vested Property Rights _ .. . . . SR ! ! re, i . e . " - Sec. 23-8-20, Definitions. _ a i . • . y . . iLff 4 . . Y . . . rr .' . Prra rta . . . f tt ■ . a . . aaa . ssi . . _ _ • a • 6' a . aaas 229 Sec,ec, 2343-30. Duration , terminatioIn4 . sa: 11 ! { iii iii ia . :. i : id r R !... . 229 Sec, 23-8-4'0 through Y 1{/1. i re •: . • a: a . . a . . aF •. ii Se Y, tit ,Ir' ugh Sec, 23 8'-51. • • • P P i i I f : i i229 YY 'P • •• • . • . . . Y Y rr . r I ! Y Y . R w i / i Y . ! i i Y f Y 4 i / ! .F : 1 • i _ . . Sec. 23-8-60 . Development agreements • a . . a! aPFi f fi + load ii aaa - 23 .r a . e e e e r r e r t 't a ■ . ■ r - . . . . . . 1 . . . , , (�. i3 0 Sec. 23-8-70.. - Notice of approval . . . . 230 ,■til,, [milts • r t 4 . . • .. . . a t , • e • • • Sec. 2 �'-8T - - Payment of cas • . . hr - Ptt1 f P Y • . .[ v Y a axa i li �•1�F}}1� Ilf�l�1p, - " - • '!' TrRRi r r t ? . . l . r ■ ■ Y f.. � Y•1 Sec. 23-8-90. Other provisions. unaffected . .. . tai : c + aciiaai : t rerr rrQtt ssaYtYitt / :irY ii . . . ss .. . . . Y . Ya .230 Sec. 23-8-100 , Limitations . . _ . _ e _ " « • : tT Y . a Ya Ya i..iAiaa geeziSstttix . . . aa . . rP• • .. . Y . . . o . 230 ARTICLE IX _ Adult Business , Service or Entertainment \�i�± i h1 tj� i�� Establishment 4lu - 4f�' F � �4 . a � � aaA�.iYi {,{ ai � ffP �"}'f 1J El ei � lE23'S! ARTICLE LE a E.nforcenient ♦ :lwnll ] ely . • e • ] , aaii. : c aiid,aiiia iiiaaii. . 230 ' Violations and L.• Yw.. P iYfff rirnd'. f fi ' � e . . 'r . F ■ . rtu ■ ate ! ■ F ■ ia : . .. _ _ .. _ - c. 23-10,- 10 . v i o l a t.i o in s and penalties . ' lf •t ia e ..... I l Y i O R f / 'Q i t \ a Y Y i a li Y • • . . 230 Seca 23- 10- 20 . ' Criminal penalties _ .. , . fl . . .. - af4ii . . v 4 . . . . „ meta• au Y . au 230 Sec. 23- 10-30 . a Equitable relief in civil action , . . : .. l , tf / t1F . a 231 Sec 23- 10-40 . Civil Il penalties lai . nl lil i . aiic Li idAai FYle ' .. sus . : 231 Sec. 1'�J,' ,r*y Fri ,¢� /M. other ordinances . 'i7a r - 10-500. .a. elationship t ordinances . • iFF7 li + ni iiA iii « _ lr . fT Vt laxaabr 232 ARTICLE Xl F oadpla: in Management Or'L.• i 11anc pi:.i•. r •• . . e . e . . PY YYrs s , aaaaa raaaiaii aA : r, / rr - 232 Division 1 - General' Proeusons saLI : ��y/ +,��1 . ai..i.; a - -' riliaaea /� riYra't, I�•i . . laaa .• � t / YY . 4� L Sec . 23 - 11 -200 through, Sec • 23- 11 - 300 - • _ - .. • . . r s s s ta' nY c - 1te / Y ! YY i 232 Sec . 23 - 11 -.310 _ - Definitions ' ^ ' • • , ' • • _ fl i , i U . r t t i . 1 1 a • • _ a a . f a i 42 2• (Division 2 through Division t Y f P I 1 1 • n • Y l P Y F Y Y Y P Y i I l .i a a a {..i n i .{ a ♦ : •! °! Y i . h -t' . • • Y . . . F �:a :F• A:i 238 8 i4L ■ I L.E lI Storm Drainage Criteria - r .. . - .. . . * . . ■ 1 . a 41IY • wY Y / Id YYYL . . 'Ff ittt man n , 238 APPENDIX 23- C - PERMITTED SIGNS BY TYPE. AND ZONE DISTRICT 238, APPENDIX 23,- D s NUMBER BER AND DIIV' ENSI0NS OF INDIVIDUAL IGN BY ZONE [DISTRICT AND 1 1 P • e _ r r e [ t ! . Y 1 x . P a • • . . n ,d M Y i a i i 239 . 8 1 a . . ' • f 1 5 v f t . • 1 . Chapter 2 — Zoning code updates 3/6/19 DRAFT Page 9 of 246 APPENDIX 2 -E PERMITTED SIGN CHARACTERISTICS BY ZONE DISTRICT 141 APPENDIX 23- G LIST OF REFERRAL AGENCIES t t r . r. rrrr . r4:rrwirrrrrr . rr242 CHAPTER 4.■ TER 29 - Building Regulations iiiii Gi - i 4444 siiiii •iiii 4iiiii ; i Giili } i.; iiiiiirY � r i-FJA 243 ARTICLE I - General Provisions / i 1 U . . . R . . a Y R P . . . 2 43 Sec. 29-1 -20 . - Definition _ _ . . . . _ _ . 1 . . . . . . . . .. . . . . . . _ ^ . . . . _ ... . , , . _ . . . . .. . .. . . _ . 243 ARTICLE II Code Standards 244 Sec. 29-2-110. - -o- ile an anutactured home installation standard. . .. .. . .. . _ . . . . .. • .. .. .. . . . . . . . 1 . . . . . 244 ARTICLE VII - Mobi e , .Manufactured or Factory-Built ( Modular) Home Permits . . _ 245 Seca 29-7- 10 . ■ Y.Sr, rii • required a . . Yu • • • • . . ipii i . ue. Y Yb is • a un . . / • iiv • v . cR1 e • uiu e ' pp 245 Sec. 29-7 -20 . ` Add it td 0 r'i - a tei ation S or repair , t i P T I t i -I 1 1 1 u n / R Y 4 l J P / 1 1 / e / i lr a , • • / n a a s r 1 / e r r I • • 245 Sec.is fl f -� Y"4 Connection wt r 1. aa.$ aa. r a . L ■ .. mobile �.. i as i-a Gr aai� w ua4 r t 4a ..sa 4 R .waa rt tw aw tvaw �a a for w L .a t txa+.i aw ua habitation I i 4 ri$i a+. iTti fl A C Sec. 29 F -3U . _ Col I I €ec ioI I of LVVU t t t J �11e or 1I Iai 1UlOU LUL ed I lul ll Itvb Ior human Ian 1 h Iabita io I I . . . . . . . . • . . . , . . . AFC Sec. 29-7-4.0 . A 4V p 1' i c a L i o r■ 245 Sec. 29-7-50 . Plot Plan 245 Sec . 9-7-60 c. Zoning compliance■ • -• fil !' liMfiSRTfiC' TT ! tRT ! tl1fiRT ! lST. T ! ! T '! . fi ! ! ! lT41 ! l1TfifiRlfi ! ! TTlS1 / '" ! ! fifi _ RTlnT ' au 245 Sec, 29-7-10 _ Approval and issuance at permit. _ _ . . . . . . . . . 246 Sec. 80 . Fees.. + . . . _ ; 44414 . . . . • _ 4YLAaa - 4i ; 44f• 4 4 a . . . . . . , ii 246 Sec . 29-7-90 through 29-7-110 I / 0 l .I II O P i i R R C •' C • T S O II T i e r . , i t P S i C ! a . . .' . l P l 1 • • • S O . C C P P I P t 9 • e I S t P P . 1 P P P 0 . O . !' • [ t i n s p . ! •' ! • '[ • • 9 1. P . P i 246 Sec . 29- 7- 120 -- Required inspections . . . . . - - - _ . . . . . . , a . . . . . _ .. , . . . . . . . - - - - - - - . . . . . . _ . P . , 246 Chapter 23 - Zoning code updates 3 /6/ 19 DRAFT Page 10 of 246 CHAPTER 14 - Health and Animals ARTICLE IV - Animals Sec . 14 -4-20 .i - Failure to control It is unlawful for the owner or any person having custody of ar. y dog to fail to control said dog within the County , except the portions of the County which are within the city limits of any incorporated municipality within the County. An owner or other person having custody of a dog shall be deemed not to control a dog under the following circumstances: A. Any owner having more than four (4 ) dogs which are over six ( 6 ) months of age on his or her premises, if said premises consists of ten ( 10) acres or less or lies within a recorded subdivision , recorded planned unit development or platted townsite; or more than eight (8) dogs which are over the age of six (6) months , if said premises consists of more than ten ( 10) acres, at any time, shall be deemed to fail to control said dogs. B. An owner shall be deemed to fail to control a dog if the dog is found running at large within the County , as the term is defined in this Article, C . An owner shall be deemed to fail to control a dog if the dog inflicts bodily injury to a person _ is An owner shall be deemed to fail to control a dog if the owner fads to post at least one ( 1 ) sign at the entrance of any premises upon which a guard dog is kept E. Affirmative defenses: 1 . It shall be an affirmative defense to an alleged violation of Subsection B above if a clog is under the direction and supervision of the owner or person having custody of the dog , and the dog is actually working livestock or locating and retrieving wild game in season for a licensed hunter during daylight hours , if a dog is assisting law enforcement officers or if a dog is being trained for any of the foregoing pursuits . 2 . It shall be an affirmative defense to an alleged violation of Subsection C above if a dog is acting in defense of the owner, the owner's family or the owner's premises. 3 . it shall be an affirmative defense to an alleged violation of Subsection C if the dog is a guard dog , as defined in this Article , and the dog is acting to protect the premises of the owner, as long as the signage required under Subsection D above is posted . 4 , It shall be an affirmative defense to an alleged violation of Subsection C if the dog has been -intentionally provoked by a person who its not the owner of the dog . 5 . It shall be an affirmative defense to an alleged violation of Subsection A above if a Use by Special Review permit has been approved by the Board of County Commissioners and a p a-t map recorded in the County Clerk and Recorder' s Office for a kennel in order to exceed the maximum number established in Chapters 14 and 23 of this Code . . It shall be an affirmative defense to an alleged violation of Subsection A above if a zon ng .ermit 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 Coda F. The provisions of this section shall not apply to a dog that is used by a peace officer while the officer is engaged in the performance of peace officer duties .. CHAPTER 23 - Zoning ARTICLE I General Provisions Spec . 23-1 - 10 . - Title . The regulations contained herein shall be known and cited as the Weld County Zoning Ordinance. Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 11 of 246 Sec . 23-1 -20 . 4i Authority. The County is authorized by law to regulate zoning , planning , subdivision .SUBDIVISION of lands and Etuitcling BUILDINGS by virtue of Section 30-28- 101 , et seq . , C. R.S . ; to regulate certain activities on and uses USES of land by Section 29-20 - 101 , et seg. „ a R . S . ; to designate and administer areas and activities of state interest by Section 24-651 - 101 , et sect , C.R . . , to regulate PLANNED UNIT DEVELOPMENTS by Section 24-67- 101 , et sect , Ca RS. ; to establish the point at which statutory vesting occurs pursuant to Section 24-68- 101 , et seq . , C _ f . S . ; and to exercise the powers of a Board of Health to adopt rules and regulations pursuant to Section -1- (1 (5) g ) . C . R . S . In addition , the COUNTY is authorized to regulate zoning , planning , suibdivision SUBDIVISION of lands and Building BUILDINGS by virtue of the Home Rule Charter , Should further authorizing legislation exist or be enacted , this Chapter is additionally deemed to be enacted pursuant thereto , except to the extent it may be inconsistent therewith . Sec . 23a1 =30 and Sec . 2 - 1a40 [NO CHANGE] Sec . 23 - 1 -50 . a Interpretation . (A- I , NO CHANGE] J . All Uses ,USES Al-lowed-by-Right. Temp -Uses and Uses by - pecial Review listed in this Chapter are representative and are not all-irrolus• -e exclusive . Sec . 23-1 -60 and Sec . - 1 -7O [ O CHANGE] Sec . 23-1 -80 . - implementation procedures . A , Repeal of Previous Zoning Resolution : ppLicahle 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- Zahag-R-e olutton shall--k amende i -t-o t - -% • The Wel - eu ty -F-look- -+azard Overlay District Zoning Maps , rocor--ded Ap=ia221 1980 , in Book 901 , Reception Numbers 1 tmcough *a22c0 . inclusive; and-the Geologic- zardAr Map-of-Potent - rou-nda Subside-Roe Areas ou.nt _cecorde --- ay 1978! in Book Number 1754240 , are not repealed or amended by is Lion: The repeal of the Official Weld County Zoning Resolution shall not prevent the prosecution and punishment €af any person for any v1GIe on VIOLATION committed prior to its repeal and map amendment. The repeal of the Zoning Resolution shall not affect or repeal any conditions or standards imposed as a condition for approval of any land use decision by the Board of County Commissioners prior to the effective date of the Zoning Ordinance codified herein and any amendment thereto . B. ( Repealed . : Redistricting Procedure for-AmenA ng the Official Zoning Map . 1 . Intent, The repealed Official-Weld County Zoning Resolution and accompanying map oantain zone-district -flcations which are differ e- sstr ' a sir i � i ter nten-t of this redistricting--mooed u re is to ensure an ,rid-lie n1ou s-trar it-bon-from-the repeated Ofd is ' e id County on-ing- Map zone distr i if cations to-the zone district classifications in this Chapter. The Planning Cornmis- +on� t=he-Beard of County-Commissioners shall consider the following redistricting procedu ieG herein ard the amendment to the Official Weld County Zoning Map. It ,t t e it tsar t of-the red i- ting-process to correct zoning errors or ning , or--- to rezone land because of ohaiging conditions or Detail se it does-not conform to the provisions conta ' ned-+n Chap r 22 of this Code . a . If a pare& of-I:a-nd has-been - orig n zoned i - • er the provisions of-the Weld-County -Zoning-Resolution and that-ponce ' no-w contains-a numberaof-separ parcels i ff ran ,the Planning omm ssio-n- nd the= -of County Commissioners may redistrict the entire parcel oLland to-the least cestrietive zone distr-ict-in=t-h-'s-lahapter iiel moat-closely corresponds to the previous zon-ing-witin the original zone district bouncaries . Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page '12 of 246 bn Jou ttu a n-t h a r-- f;c l- a ia4e J-"We-1d-- ou r- y-Zo - "I i i t ll b e r e n a ► c ed g rir;4 l a4-on 4b' -- - - -la I-Zoni` M i t of -tie-Weld-County- Zo n- l an c e-- -land-zoned--Es to an+ -R a si i e I_-, 0441 ed-Weld-Count-y-Zontma Reseda-trio d R-4 ew "�R-ing_ M �t-the-- e l-d o t o ' 1 hi� �a � � �:mss. ,n, �`Mr°cr �"�f �� _ �' - r3'�� Ci r•€1 i r,aYSo a Devebpediandf-la I I+asan=_ ire l which 11 - gh-Dens$ --i E I-DENfiIALa n the -the--rep a p - - - 1 E tD E N T I A I= Zeine-Di c n-be- -fic-ia l - } g a; h ti: AeI -- otw#y n nc e--a l + -ng--Li-se. --U hih--i- rIS I t R E S 11` E T IA- n Off cia -- -en ng-Ma p•f-- e-rep I-e -e Id uIyZo seiu41on=wi-1H- be renamed-to--the mo t ppcop-riat - ` I _ ' a -ierialatning Map Ie e -.in en Sri - n `-1Ir r ti � s-of „ � _ � - �, C ��t� I� II� F��r-�I � � F��. a m end e �: _ s th+ -- -nd-- s—ion- "I Al IT r ,� Y'ti O B I L Men-- i ,. , ' r r• Map-of-#- -e-repe I- -�-1�l!' ounteld- C rtit ri�� _ t a�, T 1F' `-r Srr T is 1-Zon -M>� r�Y I F 1 t 4 P f'L n I n t"f rd I na 1�""L'5r r`T• r+Q,� . wed 4d or land h1th-ha w ti ins--z e ned Tr-a - A-0-41--t e e iai Zoning Map o"f-the----repealb - o n# an_in I t Jti, ifl e-- r -appropfiate- Res It al-or the iffiGhaH Z + --ths-Wetd-Courity-Zoning -i- Orci ecoc-4 in - to-thetg-- € i- elop►e+d- land--wilich-is Zen- r eal e te g- e sol ut4on- -iil-1-- e-renamed � I��`' I � II �� r-�:� � k, �, y ��E-I ' RE�:TTF7�1 T-I AL�= � E R C I , ne Qistns Gt n4he- ffleia i- Ian - f-tr-i -�-Q-e•ld - Rty h QIflR:14,ng t&4he I e r c 2 n d i'tY o ns ecigi a-I - amend ent-oc a" a 411644 -' TC'��'r�T � , iar-ocecktres es -bl-t-sh d fri - s hin e land or Ian &w i° ned Busin er MR -E -IAL- the G i+ ,al-Z'enin - + n l be-rt r approiariate-COMPAE-CO I R I Agricultural Zone tri n-th f#icial- -i-r g-Ma-p of Weld-f tft Z o ananes-aceor e st n' - USE .- -Uncl ev etope l+ cizoned R I e s i ne s s or G tnni our wed" eg a ' ap of e Wend- u n t-yr mg--Oc -eln fad- ci rtittco =the ' he-re e -Count --Zoning Rem l'- lion will-be-r ame'd t Map r-�f t h 4 d4f e Irip � T�;--Try�- County oni OrdIn .__ Vial-Jon-4 g r-� r a r' ' f the p a - 1+ --- - 'u r°n �l i i r� r ai p F� renamed t th r;r st fi`op r e �. �- r--rr-IT -a�w-�crr � �-�rr- 1 n4u tr lat 4 C- MMERC I AL=- - heafic424-Zoning--Map of the-Weld- ou my Zoni j4� +a �c�g ry . n 9 I r4i �Iet Ir+ip i, s i .. 1�iV Ofl the ��F7�-fT rr �7`��"�'edt`�"R::7��i"'Q1�7 � �� r "�1'�"�' 'GT7-TCi�.r'ir� r��-�'�"F��:"'' � �r s �, a -1 Cgf is a F ty i n g '� p r""�T�� T� a ld C o u -Res Off-icial-Zon-ing-Map--o-f the Weld you t� Zoni r-S - - T ! Fly---pr OV#SIO redistrieted-esc-fename4io ore thaR1-one--()zone-dr rr t>+' 'rs-- ah rter-- e th t it f th U GOP ieted-- - e - use: the fellowfsg-stan - --to i-ne--the a t r - srgnat ---h E— th&-p► y—he--P=ea nn ing- r miss nvan4nth lmis€4en I I con thy- -inn- t statementt ifV t ,b sectio.ft-4 above-an d t 4r- 1fic sta i- and o9 -T`tara 'apps-ta -g-t1' d r apply ' choice b tween of t rti ey r�li,��- , t pI nnin ,�r Commissio oo-nt ommiss+ ner hr II r~ onsIde -s i d •d . a---I -oF --+ , i5- -i- -4n - #la ► o I l - ' -- b a e+ - r ht r the r'n i t �� G� n rti i' � �T�t F,-,i �c� i r� r, � (] �,y ,�'' }9� USE by- `runt , fTi t�Gr s ion-an i -t- -B d- -Count + -- o ne-+- r-i+ t d i "nat:i 1 1 righ• , of 'n i r i ti t i, . i . . i . a . 11 ki t i r i �-r t r, i� i f I ,�,# lip= 11€1--d1 nth I' -�t h i� C h �i,pte r ��-��r�- _ � . �. � � .: � , � L} � .ter -a 4o-w--ham p -mi `,e`-R tam" -' I +o°t - I l--fir- - y-Gom ssi oner-s-- a1-1 considerthe-i t- -a t th beginning—o theme --tstc+c I -4 e text= -atthis-- -h t- rIl�ti 149 f•heS c. 1_f b ath-z ne--Ystr-i ts--i-nnth ins pt-eu wou-I l t r t h , I - -Irig-h�t-or ifbet-h-zonre-distr4otb-wi-this-C-hapter weu-14 a 110 --thy—i i- .:t , �,I t I 1 'Ian i- o m-m i s s i o-r —and -theta Gemini s i titer-f r inx ia-R-f o"r I4anrn - r e z '=d° 4I b ed i r pen- Stan a r s Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 13 of 246 and procedures containeckip-thierabsection 2 and Subsec and Boart,-of County Commissioners sI l-'ssig l--a- -iPict cesi -riation e-anthises allowed _o the district designation that existed on-the_ e-rty .0-n c -thea f-the-r- :p a-I I Wekl-County-igiap-ing-Resolution-r. d . If a landowner has initiated substantial DEVELOPMENT of a -parcel of land and t- +-s-DEVELOPMENT is allowed-t h one di rim ►r--the - rovision h -r►=r e d- Id-County Zoning-Re solution-,-, bull-s not- c t C cone -district- preposect-undfle-provisions of this Chapter , the Planning m-r s an t o nty-Gommissioners may reoictrict a legally-definable part of the land or-tine entire-parcel to a zone c is:riot in this Claoter which - c - I r the--IJSE--as-a - u Call right or by permit . ubstantial DEVELOPMENT shall be-considered to-bye 4ssuan ota building-perm-it f r act 1 � !Fl !1ti1�` ic JI rli �1 del PM ENT of-the properti 'Ling Y ' Y. � v•rr ;�' `Y 11 !fi" � i .ate Y' COUNTY regula-t ns7 3 . Minor Corrections A property owner may request- ..-.meeting before the Board of Courty Commissioners for the purpose of-rnaki-ng-a-minor-oorrecrtion resulting from the app. cation of the redistricting--procedures by the Board of County Commissioners . This regwest=-shill be filed withthe Clerk to the Board of County Commissioners within o i of August 18, 1981 _ Such request forequest-for-a-minor correction shall be in writing-and directed to the Board of County Commissioners, an -hail to =therein t e p c f+ easons fo h request . The Boar , Co my Commissioners- shall k1 --such-request at a regularly sc-hedLled meeting within a reasonable period of time , and at t1ah--=- 6if minor corrections-it deem --neceea-r-y - C .. epeaIed. flr-aasition to Chapter 27 , Planned Unit-Development -e -received le7cinge of zone to PUD prior to the effective date of---Ord-ina ce--No . 1-97_- , anuacy--2 - )-=and--meetthe-to +r= -- t Tel-conditions shall adhere to ati n r-rrl ,ter c 1-► e hod = r- development set-forth in this C-MM-pater s conforms-to-We-approved-P' UD District; and b: :. + tea - -1 i ent ad the final Wan or has received an extension of time in accordance vwfitil e tion-2 --T G-E of is Chapter, 2 . - Al other PLID applfications- shail-act-ere-to the rules and regulations as-set- forth in Chapter 27 of this Code , Sec . 23 - 1 -90 . - Definitions . For the pure e ff-t s--Cher, certain terms or words used herein sh-au- 4i` at as defined in this SectionrThe 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 havinc a recurrence interval that has a_ _one__Mpercent 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 i_II, necessarikSen once even= one hundred / 1001_ ears . 100- YEAR FLOODPLAIN: The area of rand susceptible to being inundated as a result of the occurrence of the 100-YEAR FLOOD . 500- YEAR FLOOD: A FLOOD havin a recurrence interval that has a two-tenths 0 _ 2x, ercent chance of bein q - " " � ecualed or exceeded d �� rin:�c an ,r�ei� ear. The term 0 _ L - percent-chance FLOOD" is synonymous with the term 500-YEAR FLOOD . The term doesdoes_ notimp[y_that the FLOOD will necessarily happen once every five hundred : 50W years . 500- YEAR FLO0DPLAIN: The area of land susceptible to inundation as a result of the 500-YEAR FLOOD . ACCESSORY BUILDING T RUCTU E, or USE any BUILDING , STRUCTURE, or USE which : a. is subordinate in purpose , area or intensity to the prinGipall PRINCIPAL BUILDING or USE served b. Is normally associated with the principal BUILDING or USE, c. Contrtutes 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 PRINCIPAL BUILDING or USE . Chapter 23 - Zoning code updates 316109 DRAFT Page 14 of 246 ADDITION: Any aetiy ty+ 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 TREFT/ROAD or ALLEY, ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLI 'H 'ENT Any business , service or entertainment establishment open to the public in which persons appear in a STATE OF NUDITY far the purpose of entertaining patrons at such establishment . This definition mud 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 , paokin 4 sorting, mixing , and/or blending of crops and _other plants grown on premises eyed/o. r rocessing , paclidng , sorting , storing d _ _ rr rn ixin blendin and /ar sedin of oro s and other plants grown off premises , and BUILDINGS and STRUCTURES _related thereto . AGRICULTURAL PRODUCTION does _not include roduction of ethanol or alcoholic beverages . See also FARMING. AGRITAJNMENT: 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 ice . IGRETAINMENT may also ino0ude five entertainment such as musical or comedy_ performances but excludes roceas and racing events_ A RfTOURI ': A USE ACCESSORY to FARMING offered as a vacation destination , open to the payinc ublie, where quests experience life on a farm or ranch and may include recreational attractions such as horseback rides. hikinc and the like . AGFRITOURISM excludes rodeos and racing events . AIRPORT Any locality , situated on water or land which is adapted for the landing and takeoff 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. ( Thi r efirtii, i 11e onl t d T k-en used in the -A-P-- -�,L"4irpo Ove la gistrict) : Greeley-Wald Located Se ttions 2 and 31-7 and 35 , T6N , Re5W of the 6th R.,-Weld Coon y- Colorado . AIRPORT ELEVATION: The established elevation of the highest point on the usable lard area pf the REELEY- WELD COUNTY AIRPORT (four thousand six hundred ninety [4 ,, 6901 feet above sea--1evel•ME .N SEA LEVEL)... AIRPORT HAZARD : Any structure , tree or use of land . the,-brace r _u-i-red fir, or is otherwise hazardous to , t1 ht o f ai craft lan ding or akin of t t-•; r of AIRPORT REFERENCE POINT. The point established as the geographic center of the GREELEY-WELD COUNTY AIRPORT landing area . The reference point atGreeley-W-el - County GREELEY-WELD COUNTY AIRPORT is a point three thousand one hundred ( 3 , 100) feet west of the east line of Section 2, T5N , RGOVV of the 6th P. M . , Weld County, Colorado , and two thousand two hundred fifty <2250) feet south of the north line of said Section 2 , which geographical coordinates are Latitude 40c26139 north and Longitude 104 °37' 55" west AIRSTRIP: Any locality, situated on either water or land which is adapted for the landing and taking off of aircraft, operated by the owner or lessee of the land USED as an AIRSTRIP , An AIRSTRIP may be USED only for private aircraft owned or leased by the operator of the AIRSTRIP . ALLEY: A minor PUBLIC or private STREET/ROAD primarily for vehicular service access to the rear or r 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/ROAD . ALTERATION OR RELOCATION OFA WATERCOURSE E An + DEVELOPMENT which changes the direction of flow of water in a river or stream . Any CHANNELIZATION of a river or stream is also considered to be an ALTERATION OR RELOCATION OF A WATERCOURSE . ANIMAL BOARDING: The maintaining of LIVESTOCK, other than those owned by the property owner and where any of the following are provided : shelter, care , confinement, feed and water. ANIMAL UNIT' A term and number used to establish an equivalency for various species of LIVESTOCK. The number of LIVESTOCK allowed ny right is dependent upon bulk requirements of the A (Agricultural) , A- 1 f ;oncei t -ated Anim,!* E ( Estate ) er 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 ANI 'M'AL BOARDING and animal TRAINING FACILITY . to the A- 1--Zone-District- Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 15 of 246 the - . y the maximNLITSand species to be associated with the Livestock nf1 r r en4Qpecatier° II Livestock Confinement -Ope eras in :he --1 Zone District recuire a S to Plan Review and are-subject- to the --ite Plan--R i --r-equiro erts-outlined in Article lip Division 31 of this Code . All LIVESTOCK shall have the following ANIMAL UNIT eq uilvalents and bulk requirements contained in Tables 23 . 1A1 23 . 1B : and 23 . 1C, a 2-3 . 1D below , Table 23, 1A ANIMAL UNITSAnimal Units in the A (Agricultural), Zone District Maximum Number of Animals per Acre Number of ANIMAL _UNIT Animals Less Less than 320 Less than 640 640 Gross Animal-Unit Equivalent to Than Gross Acres, or a ' Gross Acres, or Acres or Equivalents One ANIMAL 120 Minimum of 120 a Minimum of Greater, or a UNIT Animal Unit Gross Gross Acres 44-of 320 Gross Acres Minimum' of 1. Acres a Quarter Section V of a Section Section Cattle 1 1 4 6 8 10 a Bison 1 71 14 5 8 eft0 ,; Mule 1 1 i 4 5 a I19 [ostrichil ii I-4 6 8 10 rElk 1 1 [et ie 8 10 Yak 1 1 4 16 8 [t0 Camel i 1 1 4 168 10 Swine 1 . 2 5 120 130 40 IS° Sheep . 1 10 40 60 80 - 100 Llama . 1 10 40 60 80 100 {. Goat . 1 10 I 40 leo 80 1100 Alpaca , 075 ' 13 178 104 130 Poultry . 02 50 100 300 400 505 Rabbit . O2 50 200 300 400 500 Table 23, 1B ANIMAL UNIT Animal Units in the (Estate) Zone District ANIMAL UNIT Animal Unit Number of Animals Equivalent to One Maximum Number Per Equivalents ANIMAL UNIT Animal Unit Gross Acre Cattle 1 I 1 Horse 1 1 1 Swine 1 1 1 Mute 1 1 1 Burro 1 1 1 Sheep , 5 2 2 Goat . 5 2 Llama . 1 10 10 ' Alpaca 1 .075 13 1 3 Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 16 of 246 Rabbit . 04 25 25 Table 23. 1C ANIMAL UNITS Animal Units in_the aR- 1 ((Low- Density Residential) Zone District ANIMAL UNIT Animal Unit Number c:1 Animals Equivalent to One Maximum Number Per Equivalents ANIMAL UNIT Animal Unit LOT Lot Cattle 1 a 1 Horse 1 1 ; ,2 Swine 1 1 Ll o Llama . 5 2 4 Alpaca . 5 2 _ Sheep . 2 5 10 Goat il 5 10 _______J Poultry . 02 50 10 Rabbit . 02 50 100 Table 23. 1D Tt7Z9'T91rt� j ■fir rl�:Ll7f1- ' I Maximum Number ofAnimalA per Acre Number of Animal Unit Animalsesstan320 Gross Less than -640 640 Gross Acres Equivalents Equivabent to 1 Acres, or a Minimum Gross Acres„ or a or- Greater, or a Animal Unit of a Quarter Section Minimum of of a Minimum of 1 Section Section Cattle 1- 4 6 8 Bison -1 4 Mule 4 4 6 a -141 Ostrich4-0 gic 4 1- 6 a Horse 4 17* id- 0 40 Swine 4 8 aCi 40 60 Sheep : 4 IQ 60 80 4.00 ti - z Llama w 4 491 16° 100 ! Goat 4 14CH 100 FJpaca . 075 4,3, i 78 404 la jPoultry 50 Batt ._ 50 1300 ., Q 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 e( ghty (80 ) one- hundred twenty ( 1 0) gross acres , not to exceed six (6 ) ANIMAL UNITS per acre on LOTS a minimum of one- hundred twenty ( 1 of gross acres one sh -f i of- QuaFter Section and less than three hundred twenty ( o ) gross acres, not to . exceed eight (5) ANIMAL UNITS per acre on LOTS a minimum of one- half ( V ) of a Section and less than six hundred forty (640 ) gross acres , and rat to exceed ten ( 10 ) ANIMAL UNITS per acre on LOTS, six hundred forty ( 640 ) gross acres or larger, or one full section ; in the A--( Concentrated Aniiiai ) Zone District . AN NA _ UN 'TS sia no: exceec ' 41-TS per acre on LOTS a menu - of a Quarter Section and less than three Muni-r s , of to exceed eight ( 8) ANIMAL-UNIT per acre- on LOTS a mirirnu - of one -half Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 17 of 246 r- --of a Section-and-less than six hundred forty-( X40 ) gross acres , and not-to exceed ten-(4O-) NI-IMAL- LINIT- sp► acre on -LOTS-six hundred forty' 0) gross acres or larger. In the E ( Estate) Zone District, ANIMAL UNITS shall not exceed eight one ANIMAL UNITS per gross acre LOT. 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 UN TS 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 planted STREET/ROAD street or ALLEY alley , a PUBLIC public or private right-of-way RI I- IIT-OF-' AYR a puk l-ic or-private transportation right-of-way or area, state or federal EUBLiC pubkc lands , whetheFewn bry the_State-bra Un# -d--S tes or- an-agency thereof. except__ ou ty d-open space , or a lake , reservoir, stream or other natural or artificial waterway . ANIMATED SIGN: Any SIGN or components of a lI N that use movement orclhange 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 lorcitudinally centered on the extended RUNWAY centerline , extending outward and upward from, the end of the PRIMARY URFAC E and at the same slope as the APPROACH ZONE HEIGHT HT limitation slope set forth in D vision 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: Tie Utility Runway Visuar Approach Zone , Runway Larger Than Utility Visual Approach Zone , and Precision Instrument Runway AD:roach Zone as described in Section 23-5-20 . APPEAL: The-request for a review of-the-Court-Ws interpretation of any-provision of-this-Chapter or a-request for a ARI NCE , with the exception of appear-and variances pursuant to Article Xl of-Chapter 3- ef-fh-is-Ca-de7 AUXILIARY QUARTERS: One ( 1 ) or more interconnected rooms permanently attached to or located within a SINGLE-FAMILY DWELLING which are arranged . designed , used or intended for USE as .a complete independent living facility for one ( 1 ) FAMILY. All AUXILIARY QUARTERS shall comply with the following requirements; a . The AUXILIARY QUARTERS may not be used on any basis as a rental . b . The USE is subordinate in purpose , area or intensity and the occupants contribute to the needs of the occupants of the SINGLE-FAMILY DWELLING served . +c. The GROSS FLOOR AREA griass .floor-area of the SINGLE-FAMILY DWELLING shall be no less than one thousand six hundred ( 1 , 600 ) square feet in size . d . The minimum lot size sha l be no less than two and one-half (214) acres. e. The minimum GROSS FLOOR AREA of the AUXILIARY Y QUARTERS shall be no less than three hundred (300 ) square feet in size , and the maximum shaill not exceed i . y percent ( 50% ) in size of the GROSS FLOOR AREA of the SINGLE- FAMILY DWELLING , not to exceed one thousand 0 °1 . 000) square feet in size . f. The AUXILIARY QUARTERS and the SINGLE-FAMILY DWELLING shall be attached by common roof and foundation . g . The AUXILIARY QUARTERS and the SINGLE-FAMILY DWELLING shall be connected by a party wall or shall not he separated by more than twice the width of the projected view of the shortest exterior wall of the AUXILIARY QUARTERS , BANNER SIG '' _.r ny SIGN of licititweiciht fabric or similar material that is permanently mounted to a pole or a BU I LDI NG by a permanent frame or rivet at one ( 1 ) or more edge's' . BASE FLOOD- The FLOOD having a one-percent chance of being equaled or exceeded in any given year . BASE FLOOD ELEVATION (BEE) : The elevation shown on a FE MA FIRM that indicates the WATER SURFACE ELEVATION, resulting_ from a FLOOD► that has a one-percent chanceof ecjualinc or exceeding that level in an ewen year. BASEMENT" Any floor level below the first story or-main- floor ,f a ba ucding . The -B EMENT-isewSpat4tality lower-than the-surface of the groom- Any floor level- below the first story or main floor of a B L. I LDI N I hayij its four sub-grade ( below : round lever' on all sides. The lowest floor of a residential BUILDING , inducing BASE VENT , shall be at least one 1 ) _foot above the BASE FLOOD ELEVATION ( BFE ) . For the-purposes-al-this Chaptereany Any crawl space with sue) four ( 4); feet or more between the floor and the ceiling shall be considered to be a BASEMENT BEACON: Any lie ht 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 Bight with one al or more beams that rotate or move , BED AND BREAKFAST FACILITY, A facility in an owner-occupied DWELLING that offers TEMPORARY accommodation to lodging guests for a fee . Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 18 of 246 BEST AVAILABLE DATA : Any FLOOD data available from the federal or state governments or any other source that is utilized by the FLOODPL IiN ACT` IN ,I T_RATOR to determine the BASE FLOOD ELEVATION or FLOODWAY location . The sources of data nay include but are riot ii!mited to: - a . FE MA u blications such as guidance documents , - olic documents , technical bulletins and regulations ;. b. State publications and regulations: and a Other published or unoublished FLOOD D studies , BILLBOARD , A SIGN which is intended to_create an income from the sale or leasing of advertising space . BIO OLIO, : 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 domo ie DOMESTIC SEPTAGE or industrial septage . BREWERY. Any establishment licensed pursuant to the provisions of Title 44 12 , Article 3 47, . F . S . , where malt liquors or ferm ented malt beverages are enanufacturedl except BREW PUBS brew-Rubs. _Malt: liquors" are defined in CrR . S . Section 44-3. 103( 30) . " Fermented malt beverages" are defined in CR , S . Section 44 -4- 103 1 ) incIu -beer and fl be construed -to-mean any beverage obtained by the alcohol-c fer-mentat on oil any iofusion or decoction of barley , malt , hops , or ary °tner similar product, or any-combination there -water eor h eT a =three and two-tenths pe en .2 % ) of a -e- ham; -weight or four percent -(4%) al #ol -b-y -fume . BREW PUB : A retail establishment licensed pursuant to the provisions of Title 44 1, Article 3 4-7 , C . R . S . , that manufactures not more than one million eight hundred sixty thousand ( 1 , 860 , 000 ) gallons of malt liquor and fermented malt beverages on its licensed premises or licensed alternating proprietor licensed premises , combined each calendar year , " Malt liquors" are defined in _ R , , Section 4 -3- 103( 30 . " Fermented malt bev'erages' are defined in C.R. S . Section 44 -4- 103 ( 1 ) include---beer and s obtained by tie alcoholic fermentation any infusion-or- decoction of barleys malt; hops or any other si-r il,arr-product➢ or any combination thereof; in water contain-ingrmere than three -and-two-tenths percent-( 32 % ) of alcohol by weight or few-percent (4°6)- acohcl broceurue . BUILDABLE LOT: A LEGAL LOT on which it is possible to design and construct a BUILDINGinn compliance with livable requirements of this Code and with any VARIANCES cranted by the Board of Adjustment, A LEGAL LOT may not necessarily be a BUILDABLE LOT . BUILDING: Any STRUCTURE , excluding fences , erected for shelter or enclosure of persons , animals or personal property of any kind . permitted to be built on a-lot. The b Li I k- raquirements for thespeGific- ific zone districts address-in thi - d. ahalI lso be----followed BUILDING HEIGHT The vertical distance from mean natural grade at foundation to the highest point of the roof or appurtenances , not including r HUR H ch-ureh spires and residential chimneys. BUILDING MARKER: Any IGN 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 A BUILDING in which is conducted the main or primary USE of the LOT on which said BUILDING is located . BUILDING SIGN Any SIGN attached to an part of a BUILDING , as contrasted to a FREESTANDING SIGN :, includes PROJECTION SIGNS , SUSPENDED SIGNS and WALL SIGNS . ;B ILDING UNIT: For the purpose of obtaining a Weld Oil and Gas Location Assessment, shall mean a R. sip ntial Building Unit ; and every five thousand (51000 ) square feet of building floor area in commercial facilities ry fifteen thousand ( 15 , 000 ) square feet of building floor area in warehouses that are operating and normally cou . led during working hours . CANOPY SIGN nIN that is a cart of, or attached to , an awning , cano or other fabric lastic or structural protective cover over a door, entrance window or outdoor service area . CAMPING: A recreational activity involving the spending of up to seven ( 7 ) consecutive nights in a tent, primitive STRUCTURE ,, travel trailer or RECREATIONAL VEHICLE at a campsite _ This activity is to provide temporary shelter and is not intended to be a residence . 4/ Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 19 of 246 CAMPGROUND : An area used USED for TEMPORARY placement and occupancy of RECREATIONAL VEHICLES or CAMPING cam-pig tents operated on a COMMERCIAL basis for USE by the public- CARGO CONTAINER: A receptacle with all of the following characteristics: a . Of a permanent character and accordingly strong enough to be suitable for repeated use , constructed of metal and being airtight and water-resistant. b . Specially designed to facilitate the carriage of goods , by one ( 1 ) or more modes of transport, one ( 1 ) of which shall be by vessels ,, without intermediate reloading . o. Fitted with devices permitting its ready handling , particularly its transfer from one 0 ) mode of transport to another. 0 . Designed to be easy to fill and empty . e . A railroad car of any type shall not be considered a CARGO CONTAINER . CAR WASH: An establishment providing COMMERCIAL cleaning of motor vehicles , not including SEMI- TRAILERS . CELL ON WHEELS (COW) : A portable site that provides temporary : up to I year) of network and wireless coverage to locations where cellular coverage is minimal or compromised . CEMETERY: Land used for the burial oft-he read human remains and dedicated for memorial purposes , whereby plots are reserved and sold . Includes colurnbaria 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 dicital SIGN on which the messace changes more than six revolutions per minute shall be considered an ANIMATED SIGN andnot a CHANGEABLE COPY SIGN for purposes of thcs Chapter. A SIGN on which the on y copy that changes _is- an electronic or mecianical indication of time or temperature shall be considered a "flnie and_ternperatur'er' portion of a SIGN and not a CHANGEABLE COPY SIGN for purposes of this Chapter. CHANNEL: The physical confines ofa stream or waterway consisting of a bed and stream banks and- existing in a variety of geometries . CHANNELIZATION, The artificial creation , enlargement or realiicnment 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 CS ), or more ham eight (8 ) children who are eighteen ( 181 -on ce years of age or younger and not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation # r a o n 4, -� r-,.-care and , ■ # 1�, r, r r i f 4�.rti stated r- A r�rJ . .• -9 i .-� n purposes , rr�, r, r�.•� �e► further k r defined:i n rs M i rt f' l C for such h car a an , ci with or vv ithout stinted eciucatio !ai pu poses , Co iur to aer .eef i aed in C . a • S . Section _ 6T -_l Off_(5j... The term in-GI-tides facilities commonly l r -a y „ , daynurseries , nursery .r,� �-� �� s SC----OOLam , <incorgartens , preschoo s , ay groups , d,a mps ,-s-u- er camps an --c developmentally cisab' ed crer anc t - ose fac - i-es- which give t enty-four-4iour care-for dependent- . , and includes those •fac-isi-ti -s for cnildten urnacer t of six -( ) years with-stated-educational purposes operated in conjunction-with-a-PUBL - C , pr va:c or parochia cot ege or a private or D3roc n1a SCHOOL except-that the term shah not apply to any kindergarten maintained in connection with a PUBLIC , private or parochial elementary SCHOOL system of at-least-six (6) grades or to an resc noo esta is sec Pursuant to tie DirOV-iSiAGPS. of Title 22 , - Article- 8 ; CcIRLSAicii-ch- Es '? - • - h system is not a Aso CHURCH: i BUILDING or structure STRUCTURE ! or groups of b►uiidin s BUILDINGS or structures STRUCTURES : that by design and construction are primarily untended for conducting organized religious services and associated accessory uses ACCESSORY USES . Table 3- 1 Land Use Proce for hrGe e R - t R -2 R- R-5 1 -�-H- [ c-2 O-3 - l f-4 g RA A-p-tti!catior -R USR U-SR SlaR ' SPR SPR USR USR/SP USRISPR USR R - Use by Special Review SP-R- _ Site-Plan Review BUSTER: A residential develop ent Ghnique that concentrates individual lots on part of the site to allow the remaining-land to be used-for recre-ationThcorimon open space and the preservation of environmentally sensitive features such as wildlife habitat , r- r-ian zones and-a i ult-ural (ands.. If a LLB T � : ' et s- sed on agricultural lands, the Iand snail be cuarently uses or ca male of being usec for-agriculturaltrodurAion such as facraiing Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 20 of 246 and rant operations for -lie next forty ( - -o � { ) ors . The intent of tie A ( AgrMlulTuralr Zone District as a-u#'ined it CIraptcrs- 22 2'l - and 27 of this Code, including—Weld County' s ght—to Fart. , shah be met- A CLUSTER developmer 1 ' 11LI -CO-LOCATION: Locating-- TEL OMMUNIC TION ANTENNAS or other wireless communications equiorrment for more than one t `f provider on a sin .glle STRUCTURE _ COMMERCIAL An activity where goods , products or services are bought , sold or transferred in ownership on a fee , contract or barter basis excluding those uses USES listed by right and accessory uses ACCESSORY USES in the A (Agricultural ) Zone CDistriict. COMMUNITY BUILDINGS _Governmental and non - profit BUILDINGS includinc but not iimited to libraries , post offices , and museur s and cuasi=- PUBLIC BUILDINGS for the members of a croup , inc udinc but not limited to com► munit r clubhouses owned by homeowners' ;associations fraternal lodges , grange halls , and agricultural organization offices. COMMERCIAL MESSAGE: An SIGN wordinc lc o or other representation that , directl or indirectly names, advertises or calls attention to a business product , service or other commercial activity . COMMERCIAL JUNKYARD: An open or ENCLOSED enclosed area where any waste , JUNK or used or secondhand materials are bought, sold , exchanged , stored , baled , packed , disassembled or handled , including , but not limited , to scrap Won and other metals , paper, rags , rubber tires and bottles , A COMMERCIAL JUNKYARD also includes the storage a:r keeping of DERELICT VEHICLES , GO ER /AL MINERAL DEPOSIT: A natural mineral deposit of limestone used for construction purposes , coal, sand, gravel and quarry aggregate, for which extraction by an EXTRACTOR is or will be commercially feasible and regarding which it can be demonstrated by geologic, mineralogic, or other scientific data that such deposit has significant economic or strategic value to the area , State or nation . COMMERCIAL SCHOOL: A SCHOOL established to provide on-site training of business, trade , cornrnercial , industrial , clericad , 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 FUSE such as HOME BUSINESSES with classes of six (plor fewer students , shall not be considered a COMMERCIALSCHOOL_ 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 ther- than -an - automobile, used USED or previously 4seciaUSED COMMERCIALLY t-o-factit, to an activity wleere�eds , - products or services are bought,-_sold or=traRsferred-air ownership o n act r-ma r I sis , excluding those USES uses listed by right and accessory uses in the (Agricultural ) Zone District A COMMERCIAL VEHICLE shall include , but is not limited to, semi-tractors and trailers LE G-T'RAILE'R , dump trucks , construction equipment and box trucks, tow trucks , and vehicles such as taxis and ride-sharing vehicles USED to transport passengers for a fee . 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 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 transoort, 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. n � � ► . . parcel of land , an area of water or a combination of land and water; Flu STREETS ,- PARKING LOTS--an 1 e a -f Planned Unit Development „ designed r -i- ra 4 owners ers of -�, ..� and-d---i n ,�e rid ---�r� �'- nned 't Deveroprnen.- COMPLETE APPLICATION: All necessary information required as part of the submittal criteria of a ia.nd use case , as defined in sections pertaining to the type of case being processed . COMPREHENSIVE PLAN: The duly adopted Weld County Comprehensive Plan , Chapter 22 of thisCode _ C0NDITI0 AL LETTER OF MAP REVISION (CLOMP) : FEMA' s comment on a rc ose ro ect which does not revise an effective FLOODPLAIN map and would , upon construction , affect the hydrolocic or hydraulic characteristics of a FLOODING source and thus result in the modification of the existinc regulator' FLOODPLAI N Chapter 2 — Zoning code updates 3/6/19 DRAFT Page 21 of 246 CONICALSURFACE 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- o . _ O 'dSERVATIL - - -i ratified parcel of land- 'ipi • Ia i ' Ion on additional or future development The easement restricts the development rights4o the-laelando ner still holds the "1-e to tie property , `h- -right to read. tbti - elrgi e or,trans-fer-o n ip- of the preperty , CONSTRUCTIONTf- AILLE14-r-IA VANUFACTURED STRUCTURE or COMMERCIAL VEHICLE used for other than a TEMPORARY t* i ^ r th e storage-of construction- -1atodspla s, supplies, equipmeic and relate-items- to be accessed exclusively by Construction personnel. CONSTRUCTION_TRAILERS shall comply with requirements set-forth-in this Chap c- 1u d-in ---. i rep on E—TSr -n d shall be installed in__ e h�l��l h the requirements set forth in Chapter 9 of-this Code-anib—ad- - ere -t 'e-zon4 * ` ,�F� t('11 I1 ' s of Section 23.4190 of the Code.,. All CONSTRUCTION TRAIL facilities ace available . ' v inr �G ,1t �'�'b � 'C''' SHOPS: Establishments nr-r- draft engaged ranfl iin. installing and c" ,mndir.inn c- u art pfn,racr nn air nnin,Ji4iirir, ,-itn L4 'i V' I a 1,+'-1 '4 iOr 's LI ".JJ r 'L-Ff 'o E 71�ab11s1 1I 11e1 Its e1n'�a ,ed 11 n 11 Is@a1III Ug a1 Id servicing tL#i1 1g such 1 kerns as all conditioners , s , electrical equipment, flooring , heating , painting , plumbing , roofing , tiling } ventilation and service facilities or utilities. CORRECTIONAL FACILITY: Facilities for the judicially required detention or incarceration of people., where inmates and detainees are under twenty -four-hour supervision by professionals ("loch down") , except when on approved leave . If the USE othenivise complies with this definition , a CORRECTIONAL FACILITY nay include, by way of illustration , a pre-parole facility , jail , prison or other place of incarceration . COUNTY: The COUNTY of Weld , a home rule county in the State of Colorado . CRAVVLSPACE, BELOW GRADE: A BELOW GRADE CRAWL PA E is a crawlspace that has an interior c rade no more than two (21 feet lower than the exterior grade and is below the BASE FLOOD ELEVATION . Al BELOW GRADE CRAWLSPACES E shall comDI r with Technical Bulletin 11 , as amended . of the Federal_ _ Emergency Management Agency , CRITICAL. FACILITY; A STRUCTURE or related infrastructure , but not the land upon which it is situated , that, if flooded , may result in significant hazards to public health and safety or interrupt essential services and operations for the COUNTY at any time before ; during or after a FLOOD : CRITICAL FACILITIES are classified under the following cat ories: (A) Essential Services ; ( B) Hazardous Materialis ,: ( 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 ) Pubic safe_v facilities such as .police stations, fire anc 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 nor -urc ent care medical STRUCTURES that do not froyFde semercer-lc treatment functions: c : Designated enerizenov shelters : d) Communications systems such as main telephone hubs,broadcastingec ui Dment for cable systems , satellite TV systems , cellular phone systems , television . radio and other types of-ernergency warning systems , but excluding the towers , poles_, cables and conduits; e PUBLIC utilitt plant facilities for seneration and distribution each 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 ft Air transportation lifelines such as airports (r (municipal ar� d larger) , helicopter pads and STRUCTURES serving emergency functions , and associated infrastructure (aviation control towers., air traffic control centers and emergency equipment aircraft hanars_ _.. 2 Specific exemptions _to Essential Service CRITICAL FACILITIES include wastewater treatment plants,, npnpotable water treatment p1ants ,_h , d_roelectric po er-generaflnq plants and related appurtenances , Public utility plant faci-lities may be exempted from the definition of Essential Service CRITICAL FACILITIESif it -is demonstrated that the facility- is an element of a redundant system for which service will not be interrupted during a PLOD_ 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 Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 22 of 24 FLQODP' LAIN or are cam brit with the provisions of this ORDINANCE and an operations plan is in effect that states how redundant ystems will provide seise to the affected area in the event of a FLOOD. Evidence of ongoinc redundancy shall be provided us on !request b . Hazardous Materials CRITICAL FACILITIES . 1) Hazardous Materials CIRITIGAL FACILITIES include but are not limited to :. a ) Chemical and 2harrnaceutical plants : b) Laboratories containing highly volatile , flammable ; explosive , toxic and/or water- reactive imaterials . c) PETROLEUM REFINERIES : d ) Hazardous waste storace and disposal sites ; e )_ Aboveground ascline or propane storacie or sales centers ; fl 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 kee a Material_ Safety Data Sheet (MSDS1 an file for any chemical stored or used in the workplace and the chemical is stored in quantities eftua to or greater than the myulated United States Environments Protection Agenc. Threshold Plan nir c 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 contain ins hazardous materials intended for household use and acricultural products intended for agricultural use b) BUILDINGS or other STRUCTURES containinc hazardous materials for which it can be e demonstrated to the satisfaction of the COUNTY by hazard assessment and certification by a ualified professional that a release of the subject hazardous material does not pose a major threat to the public; or p 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 fact ties, including nursing homes;, b _ Con rite care servin twelve ( 12 ) or more individuals, including CHI-LD CARE CENTERS , FAMILY CHILD CARE HOMES and assisted living facilities ; and c i 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 Restorrnq Normal Services. 1 ) CRITICAL FACILITIES Vital to Restorinc_ Normal Services include , but are not limited to; a ) Essential government o erations , includiin ui Iic records , courts , jails, bull ing_ 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 . - 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 '3rovisicns 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 ongoin redundancy shad ' be provided upon request e . Exemptions listed for particular categorises of CRITICAL FACIUTIES shall not app y 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 LIVESTOC < CONFINEMENT OPERATION . DERELICT MANUFACTURED f_OF? .1' O iLE4 HOME: A MANUFACTURED ( MOBILE)-HOME or mobile home that is partially or totally damaged by fire , earthquake , wind or other natural causes; or is in a state of general dilapidation , deterioration or decay resultng 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 t 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 . Chapter 23 — Zoning code updates 316/19 DRAFT Page 23 of 246 DERELICT S/G !': A Sl l" that is partially or totally damaged by fire, earth rral e, wind or other natural pauses , or is in a state of general dilapidabon . deterioration or decay resulting from improper or lack of maintenance , vandalism or infestation with vermin or rodents. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power) ; is partially or totally dismantled ; has all or portions of its body work missing or is substantially damaged ; does not have valid registration with the State, as required by C _ R _ S Sections 42-3 - 103 4-2O2 (4 ) , 42a3- 136 i2-301 or 42-12402 401 , . R . S. , and/or the number plate assigned to it is not permanently attached to the vehicle , as required by C . R . S . Section 42-3-1-23 202,C . R. S. ; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights PUBLIC STREET/ROAD RIGHTS-OF-WAY or otherwise not equipped with lamps and other equipment, as required in CLIR , S , Sections 42-4-202 4 to 42-2 227 230 , C . R . S . This definition shall not include implements of husbandry , farm tractors or vehicles customarily operated in a FARMING operation . _ The e g abeneficial owner or own e-r -a-r of-the 1e-rid proposed-to-be i n 1 r ed i _ i - n '`� , Q `��j �`5� _ _ rtir }r�r� f� DEVELOPME \T , or tie autl EoriizLc age the-r-e r;+n �d�ir -the ol�of-=gin-optiea--�o ha- or of ind v*M al .h a vi ng ap- triteractea4aegalarntecestatn-sucht Ian d- DEVELOPMENT The placement, construction , erection , reconstruction , movement and/or alteration of BUILDINGS and/or other S RU TUBE , 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 clril inq operations or storage of equipment or materials . . DEVELOPMENT SIGN: A FREESTANDING SIGN maintained by a DEVELOPMENT' S homeowners ' association and located on property owned by the homeowners' association-_ The SIGN may contain the name, symbol or location of a PLANNED UNIT DEVELOPMENT or SUBDIVISION . PLANNED UNIT DEVELOPMENTS with COMMERCIAL and/or industrial USES may include the names of the businesses in the DEVELOPMENT on the DEVELOPMENT SIGN .. DEVELOPMENT STANDARDS: A list of items that are compiled and approved by the COUNTY that governs the USE and/or operation of a Special Review Permit or Site Plan Review. The list is placed on the Special Review Permit Ran map or Site Plan Review map prig to recording the map with the County Clerk and Recorder_ DISTILLERY: Any establishment licensed pursuant to the provisions of Title 44 12 , Article 3 47 , CrR . S, 9 where spirituous liquors are manufactured' . " Spirituous liquors" are defined in CRS, Section 44-3-103 ( 54) include any aIG•ohhol- evera e obtained by distillation ,, rnixec ' _ r t- - esaamono other things brandy , rum , whiskey, gin and every liquid or solid ; patented-or rata ai -least- +e-half-of-one percent (0 . 5 'p oohof- �� volume and which-is_fit for use-for- a ps nr ,o� � -1 "1�'�*F'�''�►�S. I+atu-kj or solid containing beer or wine-in- mbrnation with a other- Ikquor; exert-a pcesiatr &12 47—4, c . . , be construed to be fermented malt or malt or vinous liquor but shall -beconstrued-to bonspirituousaqueF. DISTRIBUTION CENTER: A BUILDING where goods are stored for distribution to a retailer or other destination . DOMESTIC SEPTAGE, Liquid or solid material removed from a septic tank, cesspool , portable toilet, Type III marine sanitation device or similar treatment works that receives only domestic sewage_ DOMESTIC SEPTAGE does not include liquid or solid material removed from a septic tank . cesspool or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a RESTAURANT restaurant. DOMESTIC 'WATER: Both raw and treated water delivered for eventual drinking and related residential purposes. DOUBLE FRONTAGE: A lot that fronts upon-two ( 2 ) parallel street or a lot that I • co not tersect a~ tie LDoL.. icer' es t tie a:. A Da B _ E = O CAGE _O _s ao.ten-.ref r 4-to -as a Through Lot, as illustrated - below DWELLING, DUPLE: A BUILDING , other than a MANUFACTURED HOME , containing wo (2) DWELLING UNITS , each occupied by not more than one ( 1 ) LIVING UNIT , 0 /JELLING, M' 'LITFA PLY: A BUILDING , other than a MANUFACTURED HOME , containing four-(4) three f 3) or more DWELLING UNITS,S, each occupied ether than MOBILE HOMES-or-MANUFACTURED HOMES arranged r by four (4 ) or not more than one ( 1 ) LIVING UNITS _ DWELLING, SINGLE-FAMILY (SINGLE—FAMILY—DWELL-1443). A DWELLING UNIT or MAN-LIFACTURED HOME othef-th-an-a-MOBIL- 1=40-P4E7arranged , designed and intended to be occupied by not more than one ( 1 ) LIVING Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 24 of 246 }UNIT , The projected view of any exterior war of a OWE-LL UNIT or MANUFACTURED TOME shall not Ibe less th enty_ o (2 )-feet, DWELLING, THREE-FA IL /TRIPLE : A BUILDING contain ems- CLA=N -UICJ !ITS--other- Than MOBILE HOMES or-I - - - - , r, ,� nd intender to- be --occupied by not macr-t=an three ( 3) LIVING--U—NITS—,7 &WELLIN , T G FA _ : ' _ _ . ` Trig two ( 2 )---DW LLISG UNITS other-than MOBILE HOMES or M r i red, and intended to be occupied by not-mere than two ( 2 ) LIMING UNITS . DWELLING UNIT: One ( 1 ) or more interconnected rooms which are arranged , designed , used or intended for USE as a complete independent living facility for one ( 1. ) LIVING UNIT _ The term DWELLING UNIT does not include HOTEL MOTELS , RECREATIONAL VEHICLES or other places or accommodations when used for transient Occupancy . ELECTRIC TRANSMISSION LINES: The system , including line and support STRUCTURES , used to transmit electric energy in amounts of one hundred fifteen ( 115 ) kV and above . ELEVATE To build or raise a STRUCTURE to a minimum clone 1 foot above the BASE FLOOD ELEVATION . ELEVATED BUILDING_ A BUILDING without a BASEMENT and ; a . Built in the case of a BUILDING in Zones A1 -30 , AE A. A991 AD , Aft B , C . X and 01 to have the top of the ELEVATED floor above the ground level by means of plilacs , columns ( costs 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 3UILLJING 'airing a FLOOD of up to the magnitude of the BASE FLOOD , In the case of Zones Al -30 , AE , A , A99 , AO . Aft B , CL X. and D , ELEVATED BUILDING also includes a BUILDING ELEVATED by means of FILL or solid! foundation erimeter walla with e enin s sufficient to facilitate the unimpeded movement of FLOOD waters .ENCLOSED : An object or activity shall be ENCLOSED if all aspects of, or a USE , are surrounded on all sides of a BUILDING _ EVENT FACILITY: A USE rovidin a atherin s ace for rent for weeding s business meetin s , and similar events not open to the general pubic. EXISTING ON TRU TION: STRUCTURES for which the START OF CONSTRUCTION commenced before the effective date of the FLOOD INSURANCE RATE MAP FIRM 'A XISTING CONSTRUCTION is synonymous with the term "exist.ing_jtructure" ,EXISTING MA FA TURED HOME PARK OR SUBDIVISION: A MANUFACTURED HOME PARK OR SUBDIVISION for which the construction of facilities for servicinc the LOTS on which the MANUFACTURED HOMES are to be affixed ( including , at a minimum , the rristallatncn of utiCitieeso�nstruction 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 EMENT ORDINANCE EXOTIC ANIMAL: Any vertebrate animal except fishes and amphibians that is not defined herein as LIVESTOCK or HOUSEHOLD PET. EXPANSION TO AN EXISTING 4NUFA TURED HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the LOTS on which the MANUFACTURED HOMES are to be affixed ( including , at a minimum , the installation of utilities , the construction of STREETS/ROADS STREETS/ROADS and either final site grading or the pouring of concrete pads) . EXTRACTOR Any individuals partnership , association or corporation ► hich extracts COMMERCIAL MINERAL DEPOSITS for USE in the business of selling such deposits or for J $ E in another business owned by the extractor E TRAC T! ORor any department or division of federal stater county or municipal government which extracts such deposits . FA IL `1: An individual , or a group of two (2 ) or more individuals related by blood , marriage or adoption , living together ( See also LIVING UNIT ) FAMILY CHILD CARE HOME: A facility for child care in a place of residence of a family or person for the purpose of providin less than twenty -four-hour care for children under the .age of eighteen ( 18) °ears who are not related to the head of such home , as further defined in C . R .S. Section 26-6- 102 ( 13 ) Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 25 of 246 FARM, RANCH AND GARDENILDI GS AND liS,ES:-Those-BUI-LCINGSrand STRUCTURESused to shelter or-ENCLOSE - T .. , feed-#lowers , field equipment, 'DAIRY ckaerations or similar USES ; and those USES-of ;and devoted to raising of crops , poultry or LIVESTOCK . FARMING : The cultivation of land ; the growing , storage, dung, and/or seasonal sale of crops, plants , flowerst 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 °remises . See also AGRICULTURAL PRODUCTION. FARMLAND - U. S, DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVI E : The availability of a consistent supply of clean water must exist ir~ 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 its 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 soli 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 FLOODING ( U S , Department of Agriculture , Soil Conservation Services [Special Series 4171 January 1980 : additional supplements. FARMLAND - WELD COUNTY NO 'PRI E: NONPRIME E FARMLAND is low capability land that is not considered important land for food production . It may be composed of poorer soils prone to erosion or may have topographical limitations such as slopes or gullies _ FARMLAND - WELD COUNTY PF / E: The availability of a consistent supply of quality water must exist in order to have PRIME FARMLANDS . PRIME and PRIME if irrigated lands fall into upper capability classes as defined by. the Natural Resource Conservation Service and Colorado State University Cooperative Extension Service and should be protected equally it irrigation water is available and they are located within a reasonable distance of water delivery STRUCTURES. FILL: As defined in Section 23 11 310 of this Codectiny material such a ea clay, sand , concrete , rubble or waste of any kind which is placed or stored upon the surface of the ground . I FISHING : A. recreational activity that involves the act, occupation or sport of catching fish . FLAG: Any fabric, banner or buntinc containinc distinctive colors patterns or symbol of the United States, the State, the Count r , foreicn nations haviric diplomatic relations with the United States and an other FLAG adopted or sanctioned byar�elected legislative body of competent [urissdiction . These FLAGS shall be flown in accordance with protocol established by the Congress of the United States for the Stars and Strupes , 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 MATERIALS : Any material that is not secured in place that could float otsite 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 drainace facility . FLOATABLE MATERIALS_include , but are not limited to, Lumber vehicles , boats, equipment, drums or other containers or nieces of material_that are likely to float. F=LOOD: As defined in Section 23 - 11a31 0 of this code _ FLOOD or F=LOODING: 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 s ) illvvays ; and/or b : The unusual and rapid accumulation or runef of surface waters from any source . FLOOD BOUNDARY AND FLOODWAY MAP (FBF ) : The official map on which FEVA has delineated SPECIAL FLOOD HAZARD AREAS , FLOODWAYS and the riskpremium 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 F1 : The official report provided by FEMA that includes FLOOD profiles , the FLOOD BOUNDARY AND FLOOD AY MAP and the WATER SURFACE ELEVATION Df the BASE FLOOD. Chapter 23 — Zoning code updates 3/6119 DRAFT Page 26 of 246 FLOODPLAIN or FLOOD- PRONE AREA : Any land area susceptible to being jnundated as a result of a FLOOD , including the_ area of land over which floodwater would flow from the s illwa of a _reservoir . The FEMA.= mapped FLOOQPLAINS are shown on FE A' S DF4RM , 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 Af EA CCSFHAI . Permits are roc aired to ensure that Qroposed DEVELOPMENT ro ects meet the re uirerrients of the National Flood Insurance Pracram and this ORDINANCE . E . FLO0DPLAIN MANAGEMENT The operation of an overall program of corrective and preventative measures for reducing FLOOD damage , includin but not limited to emergency preparedness plans , FLOOD control works and enactment and updating of this ORDINANCE . FLOODPLAIN MANAGEMENT ORDINANCE (ORDINANCE) : Ordinance enacted by the Board_of Weld County Commissioners cursuant to Title 291 Article 20 and Title 30 , Article _2S , . R . .1 for the purpose of FLOOD damage prevention and reduction . FL000PROOF or FLOODPROOFING:: Any combination of structural and nonstructural desicns , chances or ad; ustments to STRUCTURES , with the exception of steel rings surrounding oil and gas storage vessels , which reduce or eliminate FLOOD damage to heal estate , improved real property , water and sanitary sewer facilities , and STRUCTURES and their contents. FL0ODWAY 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 (2) foot ( six '61 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 FEMIA. FEf A ' s rnapped FLOODWA S are shown on the FIRM and FBFM maps . FLOWL1NES: A segment of pipe transferring oil , gas , or condensate between a weilhead and processing PROCESSING equipment to the load point or point of delivery to a U . S . Department of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public UtWties 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 flowine FLOWLINE does not include a gathering line_ The different types of flowlines FLOWLINES are : Wellhead Line : means A FLOWLINE that transfers, well product on fluids from an oil or gas well to process equipment ( e g . , separator, production separator , tank, heater treater), not including preconditioning equipment such as sand traps and line heaters, which do not materially reduce line pressure ,. Production Piping : means A segment of pipe that transfers well production fluids from a wellhead line or production equipment to a gathering line or storage vessel and includes the following : Production Lines means A f ine FLOWLINE connecting a separator to a meter, LACT , or gathering line ; Dunp Line : was A flowline FLCWLGNE that transfers produced water, crude oil , or condensate to a storage tank , pit or process vessei and operates at or near atmospheric pressure at the floline' s outlet; vanifold Piping : rhea- A flo'wline FLOWLINE that transfers fluids into a piece of production facility equipment from Vines that have been joined together to comingle fluids ; and Process Piping : means All other piping that is integral to oil and gas (e ploration and production reiated to an inn ividual piece or a set of production facility equipment pieces.. OfrLocation Flowline: means A flowlicie FLOWLINE transferring produced fluids ( cmde oil , natural gasp condensate , or produced water) from an wand gas location OIL AND GAS LOCATION, to a production facility , injection facility, pit, or discharge point that is not on the same oil and as °cation OIL AND GAS LOCATION . This definition also includes flowlines FLOWLINES connecting to gas compressors or gas p ants. Peripheral Piping : mains A 44ow-li-ne FLOWLINE that transfers fluids such as fuel gas, lift gas, instrument gas , or power fluids between Gi4--and gas facirities OIL AND GAS FACILITIES for lease use. Produced Water Flowline . means A flcwl: ne FLOVVLIIllE on the ail-and-gas-locatiort OIL AND GAS LOCATION used to transfer produced water for treatment, storage , discharge , injection or reuse for oil and gas operations . Chapter 23 - Zoning code updates 316/19 DRAFT Page 27 of 246 A segment of pipe transferring only freshwater is not a flow1 FLOWLINE , FOSTER CARE HOME:E: y home certified by the County or a chid placement agency for child care in the residence of a person or FAMILY family for the purpose of providing twenty -four (24 ) hour care for one ( 1 ) or more children under the age of twenty-one ( 21 ) , as further defined in C . R . S Section 26-6- 102( 13 ) 'lo- mayor may-not be rr la-t l to he heaEl-ef-thaohooselcioicl , and includes medical kinship foster care homes , as defined by . Section 26-2- 102 (21 ) , - , R , . ., are include in this definition . FREESTANDING SIGN: Any SIGN supported by STRUCTURES or supports, that are placed on , or anchored in , the ground and that are independent from any BUILDING or other STRUCTURE , Does not include BILLBOARDS or OFF-SITE DIRECTIONAL SIGNS . FUNERAL HOME: A BUILDING or part thereof far funeral services , including but not limited to space and facilities for emoalrning , performance of autopsies, cremation , related storage and a chapel . GARDENING : The cultivation of ) lants without the use of tractors or other heavy machinery, including PUBLIC or private community gardens . GEOLOGIC HAZARD: A-geo g+c phenomenon which is so adverse to past , current or foreseeable cons-tr ti or lard USE as-to nstitute a significant hazard to public health and safety or to property . The term include ut- is not limited to, unstable-or- potentially unstable s oDes , seismic effects , radio activity and GROUND SUBSIDENCE-. The hazard Dosed to human life or property by GROUND SUBSIDENCE and/pr seismic activity. GEOLOGIC HAZARD AREA: An area -i-oh- ntains or—is-clicectly affected b a- EOLOGIC-kr-AZ- +, -0 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 Worku,9-_ and Locations of ( Fne Shafts, Adits , Air Shafts , and Faults, as amended . [Available online at https : //pubs , us_g& gvvtir ap/L2735/1-2735 Ddf. REELEY=WEL D COUNTY AIRPORT: The AIRPORT located in Sections 2 and 3 . T5N , and Sections 26 and 35 , TSN , R65W of the 6th P . M . , Weld County . Colorado , GROSS FLOOR AREA : The e're total althe 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 lin attics . GROUND SUBSIDENCE:CE: process characterized by the downward displacement of surface material caused by phenomena such as removal of underground fluids , natural consolidation , dissolution of underground minerals or underground mining _ GROUP HOME FACILITY A DWELLING UNIT facility which is licensed by the State, and/or authorized or regulated by either the state or federal government or both , and which provides non - institutionalized housing for a group of persons living as a single housekeeping unit, as determined by reference to C _ R . . Sections 30 =28 - 115 , 3j 23 - 30-1 and 31 -23-3037aS. A GROUP HOME FACILITY shall be for one ( 1 ) of the following groups: a A group of no more than eig - t4 pcd pc o Mng-4 s:ate licensed group home or i-ndepend.e 7 . 1-- 1 O2 , C . I -,- b, A group of-no more than eight (8) persons with intellectual and developmental disabilities in a state-licensed croup homer as referred to in C .R. S . (see Sections 2740 . 5- 102 and 30 28- 11 (2Na) , . 1 , . ) living; -i-n--a-state- licensed group home or con iial-home; O . A group of not more than eight (8) persons with a behavioral and mental illness health disorders living it _a state-Licensed group home, as specified and-limited by referred to in CR . . Section 30-28- 115(2)(b . 5) , and not located within seven hundred fifty (750)jeet of another GROUP HOME FACILITY C . R _ . living in a state licensed group-home ; or d.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 C.R.S. Section 30-28- 115( 2 ) ( b ) , and not located within seven hundred fifty F50 ) feet of another such GROUP HOME FACILITY. Group homes that do not meet the conditions listed above , orwhich are proposed to be located within seven hundred fifty ( 750 ) feet of an existing-GROUP HOME FACILITY or RESIDENTIAL THERAPEUTIC CENTER , shall be considered REIDENTIAL THERAPEUTIC ENTER for the purposes of this Code. HAZARD TO AIR NA V/GA PO N: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. HAZARD AREA : Any-area -g =v-errre by the GEOLOGIC HAZARD Overlay District regulations where a natural or ran-made can - -presents a pote all - ficant- -r-m to public- heatth •y , ,� - -, r pe . Chapter 23 = Zoning code updates 3/6/19 DRAFT Page 28 of 246 HEAVY MANUFACTUFUNG - PROCESSING; The manufacture of or compounding process of of raw materials . These activities or processes would necessitate the storage of large volumes of highly flammable, toxic materials or explosive materials needed for the manufacturing process . These activities may involve outdoor operations as part of the manufacturing process , i . e. , Ethanol Plant. Exam les include ethanol synthetic fertilizer , and tire manufacturing P1a-nts HEIGHT (This definition applies only when used in the- .--P— -I R PORT---Overlay District : For the purpose of determining the HEIGHT limits in all REELEY-WELD COUNTY AIRPORT zones set forth in this SectionDivision I of Article V of this Chapter ash-ow-n-on- the zoning map, the datum shall be MEAN SEA LEVEL elevation unless otherwise specified , HELIPORT An area designed and USED for the landing, takeoff, maintenance . and fueling of helicopters , HIGHEST ADJA ElT 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 Ca fisting maintained by the Department of the interior] or preliminarily determined by the United States SecretarSecretary 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 . reservation programs that have been certified by the State . HfST0R/ C TOWNSITE A group of LOTS , tracts, or parcels of land created by recording a plat or map which shows the boundaries of such lots, tracts , or parcels and the original parcel from which they were created , recorded prior to September 20 , 1961 . HISTORIC TOWNSITE includes all property within such plat or map , whether or not amended or resubdivided by subsequent plat or map , except for any property removed from said plat or map with approval by the Board of County Commissioners . HOME BUSINESS: An USE :incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property, where : a . Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein . b , Such USE is clearly incidental and secondary to the principal permitted USE and shall not change the character thereof. A HOME BUSINESS shall not lie -interpreted-to include the following : cilnic., HOSPITAL, nursing home , animal hospital , HOTEL/MOTEL, RESTAURANT, mortuary 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 SSE for gainful employment of the FAMILY residing on the property , where the HOME OCCUPATI N complies with the requirements of Section 23-4-990 . A HOME_ _ OCCUPATION shall not include the follo + inw; : clinic, HOSPITAL , nursinc home , animal hospital , HOTEL/MOTEL , RESTAURANT , FUNERAL HOME , vehicle oar boat repair ( including painting) or organized classes where more than six persons meet together for instruction on a secular basis ( does not include classes sponsored by a PUBLICSCHOOL) . Examples of CLASS 1 HOME OCCUPATIONS include , but are not limited to home offices 1 no custo er s; , cake decoration , and internet sales . A FAMILY CHILD CARE HOME shall also be considered a CLASS I HOME OCCUPATION . Examples of GLASS ll HOME OCCUPATIONS include , but are not limited to hair salons , MASSAGE PARLORS welding shops, and tax preparation offices with customers. An incidental use-of-a � ,��" a+ ful--e l y-r en- of :he resident therein , whew- a. whet , _ --.- - OCCUPATIONmay utilize up to fifty percent ( 50 %) of DWELLING- _ ap propri ato k n g permits b . Such- is S-—i--s- clearly incidental-and secondaryto-tie i o - - b -d reIl rot change the-character thereof- cc—Hours of-operation for pubic aooe shad be- limited perveen 7 : 00 am . and 7 : 00 p . m . e , display or saes of materials, grelated to the operation of such HOME OCCU 1 ny higN explosive or co tit a rat Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 29 of 246 --- -Do tsreate any--negative impacts to the public health ,. safety ant general welfare got the-adjacent property owners , such as lit --oar no offer-sw-we-noise,vibration , smoke , dust, odors, Ii 4n-q , traeiG tion , t.r'. h gccu ululation , heat , glare or c ec:rica[ :ere-once , o - over 34-c or - sanoe noticeable off the LOT. ff WIVElCCLC �flki rk'nI'I rril � uiril ' ,n r nrr r tinnrrr kAnth t- Iti f i iilr4. n 1 nFft� t II, ��i �d �t� � tom. . . - '(Threat'L,d 1 % 7 1 5..J 1 t% P ,.r1'1 I L.A 1 i 11 1 L.1 A 6 1 LM1.A i I 1 c 5.l 19 P p 1 I S.rl 1 7 �..J'�..d t 7 I L 1 P I g Lr%.*1 Lil 1 i, 1..+ 1.�J 1 1 h's4 i 1 1 g ‘7.34n-d. %A 1 L 1 r v u �+ �r ■ v u, ru . a.a r a,a v+4a , v �- .. L. m and fe ral-reg ulation s. i ! -N- shall - not be rr # ! a _ t -i 1�, nil the-fol l o' inn _ rte" s - home,-animal hospital , HOTEL/MOTEL , RESTAURANT, moirtuary , vehi le--ar boat repair ( including-painting)-or organized classes-where nior est together fo i ' r basis (does not include classes sponsored by a-PUBLIC SCHOOL) HOME - UP TON—CLASS P ,.A—HOME 0CG-UPA_" ON - C _A ! ' i : be conductec solely by tele inhal of the- D ELLI- I- .41-T an alt , ►ut in 't . .HO E OCCUPATION-definition above. The ska-sigualt-nGt to accessib .e by the pub 1c . ignage . May r .s of ma urr of one 0 }- onilluminated sign-Ro t1la n -i ) tquare foot in size which must be-attached-to the face of the D EL I NIT. 0rdir, tyQ HOVE E O L '' IT ON C _ASS I s la .'no L. C e s inn -I a r uses- to home office ( no o -t-o rs)-a- e decoration-arid inter-net et sales , etc . A day care h u - i her a-GLASS l HOME OCCUPATION . HOME OCCUPATION— CLASS4/: A HOME 0 - itants-of the DWELLING UN 7-p s-+--p-to two (2) extec- 1 pIoyees and comply h--mill criteria-- ca-lled-abitUr+=t e-HOME QCCU' PSI sL VEHICLES can be inclufiled under this application—Thorp chail-only be incidental—sales of stocks , supplies or products conducted-on-the -premises-, Sig- e : May col i i -� Sri � � r f e ! 2 'r �, nillU -Inated sign -n-o mo-re-than nine (9) square—feet in size which must be rac lee :o _ le ace cc tie OWE__ 4 =NIT ► rf + - f I --e a 'l -ham �,a r t E-L� d`1'�!L�� I I I l ! �a r-3-e r�, r �, t If-y � rti �� _ produce d b y t �r�-�r �r E L b�1 r�o r��. (-1-620 j -- parking is provided . ," ---) veh4e4e---Tw a es--two (2) trips, one n ' ) wien arriving anc ne h e, a = average-of-only eight ( 8 ) cars can come-to-the-pc-el-petty per day . Trips ihelLuce those produced by the-re i is ran , rpo a etated to cond tiro -tth • ne h two (-2-)-ernployees7 clients , deliveries related to the-business , etc, Ordinarily, a HOME OCCUPATION - ' include uses s- an - ar :o roar sa on , VASSAL = ?A-RL t weld ng sh x preparation with custornersreto,-provieect it meets the criteria set forth- IIr1 7r ! P A tr ✓Y i cr # 1' J'r . 1. P ' c• A horizontal hrairTa. ra1 .rsnr. rr .-. . ,. . tiYi tJ'� ✓�liii . Cif '1 r L feet above Fh fk1R established I.Tri r .4 AIRPORT hia91 U? V I RIL auflr'Rljc. A I Ior ILUF Rdl plane one- I I UI IUI ed fifty V ' I A} I 'eei above he ' stablished ELEVATION „ the perimeter of which in plan coincides with the perimeter of the HORIZONTAL ONE lour thousand eight hundred forty "4 , 8401 feet above MEAN _ 'E LEVEL1t HORIZONTAL ZONE'. The area described as HORIZONTAL ZONE in Section 23- 5-20 . HOSPITAL: Any institution receiving inpatients and rendering medical . surgical , psychiatric or obstetrical care for humans, to include general HOSPITALS and specialized institutions.. HOTEL/ TEL : A BUILDING or portion thereof or a group of BUILDINGS which provides sleeping accommodations for hire in separate units or roams for transients on a daily , weekly or similar short-term basis. A HOTEL or MOTEL shall not be deemed to include any establishment which primarily provides residential living accommodations on a permanent basis. HOUSEHOLD PETS: Any nonvenonious species of reptile and any domestic dog , domestic cat, rodent, primate or bird over the age of six () months ; provided that members of the order crocodil a (e.g, crocodiles, alligator's , etc . ) , large primates , including gorillas , orangutans, baboons , chimpanzees , members of the class Ayes , order falcons ( e . g _ hawks, eagles , vultures, etc); and animals defined as LIVESTOCK herein , shall not be considered to be HOU : ._ HOLD PETS for the purpose of this Chapter. ( 'Dote ; See definitions of EXOTIC ANIMALS , LIVESTOCK and KENNEL ) HUNTING: A recreational activity or sport of pursuing game . HUNTING LODGE Lock Inc accommodations for short-term quests where therimar attraction is HUNTING . IDENTiFICA, T! 0N SIGN. A SIGN that only contains the address and name of tie occupant , INCIDENTAL SIGN: A SIGN , ceneraily info, -national , that has a purpose secondary to_the USE of the ZONE -- -----LOT on which it is located , such as " no paring , " " entrance , " " loading only , " " telephone ' and other similar directives . Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 30 of 246 No SIGN with a COMMERCIAL MESSAGE legible from a position orr the ZONE LOT on which the SIGN is located 1 shall be considered an INCI 'DE 'NTAL SIGN . INSTRUMENT RUNWAY -Thesy , -No __9-27 , equipped gar= . I , s , on electronic navigation aid ,_landing aid or other a r avigati f cili ics suitable to permit the landing of aircraft by an instrument approach under restricted visibility conditions arc described as follows : A tract O: land in Sections 2 and anc Sections 35 arty- 26, -6N , R65 ►- - Id-County , Colorado , or more particularly sr-Ring-at the intersection of State Highway 2& Da -Ranch Roa ce North 74 '12! west a dista e of six-thousand two h red (6, 200) feet is the centec# UNWA , whth - ch side of said centerline` JUNK: Scrap brass, iron , lead , tin , zinc; all other scrap metals and alloys; bones ; rags ; used cloth , rope, rubber, tinfoil , battles, old or used machinery of any type ; used tools ; used appliances; used lumber or crates ; building materials ; fabrication of any material ; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts ; DERELICT VEHICLES; used tires and other manufactured goods that are so worn ,. deteriorated or obsolete as to make them unusable in their existing condition . KENNEL: Any peace other--than a RET SHO- P—o veterinary cliiic or HOSPITAL , where ace HOUSEHOLD PETS o►f ne • f ar a _etal of eight (8 ) or morehous-e--h•o4-d--pets of two (2 or more species . arc ke - or maintained-Pro t -t - is zo; ,e - rr-�a i t-o .cat) � � �--�-� - --not-part �►-f a platted teed- subdivision e r unincorporated to than- -ten ( 1 0) acres shall -be permitted- to-keep or-main. f��owi g without b --ate � _ Ethan- a--KENNEL : eight 8 ) HOUSEHOLD P' T- --of one414-sp►e es;or sixteen ( 16 ) HOLISEI=ICLLD= POETS of e (2 ) or more species and , in ad-dition, no more- than thirty (30 ) birds—as-long as the ila-ndowner or occupant holds -a current Common Bird Breeder icense issued by the Colorado l partrncnt- Agriculture Animal In ustry Division and c in witi „ ,h Division. Any pacewhere 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 s ecies . are ke t or maintained with the following exceptions : a , On a LOT of at least ten 10 m acres that is zoned A A _ ricultural ) and not in a SUBDIVISION or HISTORIC TOWN ITE , the owner or occupant shall be per=mitted to keep or maintain the following without being considered a KENNEL : no more than eiubt D; ) HOUSEHOLD PETS of one ( 1 speciieS , or sixteen t16 ) HOUSEHOLD PETS of tvvo (_2) or more :species and , in addition , no more than thirty 30 ) birds . b On other LOTS zoned A ; Agricultural ) a Zoning Permit may be granted Jr 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 thirtyj30 ) birds _ c. PET SHOPS . d . Veterinary clinics. e_ Animal hospitals _ LANDSCAPE- Includes any combination of living plants , such as trees, shrubs , vines, ground cowers, flowers or turf, and may include natural features such as rock , stone and bark , and architectural futures including , but not limited to , fountains , reflecting pools , art works , screen malls , fences , STREET/ROAD furniture , walks , decks and ornamental concrete or stonework . LANDSCAPE MAIN-TES 1 -weeding ,—fie rti - -tio tra h cI e a nup and pruning t��t rtir r�r�, f � I r-� i � ��+ � �tti in_ � of ail LANDSCAPE , the treatment-or-Pa trm n a , T sect-ridden , bra - _ � f _ M the replacement-of-dead or irreparable LANDSCAPE CAPE r ubst-a-r t lnimilar kind . 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- driver aircraft of greater than Twelve thousand five hundred_( 1 150 ) plies maximum gross weight and het- Do er-ed 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 Chapter 23 — Zoning code updates 3/6119 DRAFT Page 31 of 246 principal and accessory erge BUILDINGS and designed to supply power to the principle e ( - ) 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 an this Chaptee. the termLEGAL. t ► T shall -refer to any of the roilo inc ; a . A LOT within an HISTORIC TOWN ITE , as defined in Sec, 23 - 1 -90 of this Code . b . A LOT created prior to September 20, 1961 . c. A LOT created between SeSeptember 20 , 1961 and December 10, 1992 , in compliance with the Official Subdivision Regulations, Weld County , Colcrado _ 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 101 1992k and December 18, 2000 , in compliance with the Weld County Subdivision Ordinance, Ordinance No . 173 , as amended , and in conformance with the bulk recuirements and other regulations of the_zene district where the LO!T is located . a Any LOT created after December 18 , 2000 , in compliance with Chapter 24 of the Weld County Cote, and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located . A LEGAL LOT may not necessarily be a BUILDABLE LOT As-used-i C_ the term-LE-GAL LOT shall refer to : a . Any parcellee4Aerienexisitence at the twee of aeleption o oroina:nce codified herein . b. Any-far---created-s-ubbce. @ en + lion of the ordinance codified-herein , v ch : 1 ) Meets the minimum area -and-similar requirement - fie - - e d w was created in confeereaReeewith Chapter 24 of this Code. 2 ) For parcels in the A -( AigeieuIt -one istri -meet&-the -minimum area and similar requirements specified oy this-Chapter or wh G ' erereated- in-conformancewith- hapter 24 of this Coder 3 ) For which a Use by Special-Review-has been---app a +ed--Cn conformance wit-h{ h4s-Chapter and-for--which ecordr 4) Be approved ' n conformance witi Scow 23 3 -40 L of t seGnhaa LETTER OF MAP CHANGE (LOM'C,) : An official revision to currently effective FEMA maps , A LO MC can be in the form of a LollR. . LOMA, LOMR -F PMR . LETTER OF MAP AMENDMENT LO A,} : A _letter from FEMA officially revising the effective FIRM and FEMA's ackn,owledQment that a property is not located in a SPECIAL FLOOD HAZARD AREA . LETTER OF MAP REVISION LOUR): A letter from FEMA officiall r revising the effective FEMA macs and showing changes in FLOOD zones, deIineaticns_and elevations . LETTER OF MAP REVISION BASED ON FILL (L R-F : FEMA' s modification of the FLOODPLAIN shown on the FIRM based on the placement of FILL outside of the existing rag laatory FLQQDWAY . LEVEE: A man-made STRUCTURE , usually an earthen embankment , destigned 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 rotection s stem 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 enc ineerinq. practices . LIVESTOCK: Cattle , bison , mules , burros , llamas , ostriches, elk , horses, swine , sheep , goats, poultry , yaks , camels and rabbits .. LIVESTOCK CONFINEMENT OPERATION (Lao) : A place of confinement for LIVESTOCK, corralled , penned or otherwise caused to remain in pens or corrals , where feeding is other than grazing , or 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 _ example , a An L.,. _ D , may include DAIRIES, feedlots and poultry and swine production facilities . LIVING UNIT: One ( 1 ) FAMILY plus up to three ( 3 ) additional individuals whose place of residence is with the FAMILY in the D ELI ING UNIT . LOT: A contiguous tract or parcel of land in unified ownership , with defined boundaries, described by metes and bounds , by reference to aliquot parts of a section or sections or by reference to a land survey plat recorded in the Office of the Weld County _ Clerk and Recorder. A LOT constitutes the basic unit of DEVELOPMENT The basic DEVELOPMENT_unit an area with fixed boundaries , USED or-intended to be USED= b►ieene-( 1 ) BUILDING and its Chapter 2 - Zoning code updates 3/6/19 DRAFT Page 32 of 246 ACCE , 7 — Lot shall not be divicied by any public r i ay , STREET or-ALLEY, A LOT must moot the-requirements of- the -zoning district in which it is located an ust have-access to a PUBLIC STREET oc--er g 'private ST T. The determination as to he proper-4 i ed in--SLOT shall' be mace by the Depa tr nt-of Ranning Send ices: LOT COVERAGE The maximum percentage of a LOTS total area that may be covered with BUILDINGS and impervious surfaces , LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area , including any cravvlspace or BASEMENT T_ Any floor used for living purposes which includes working. storage , sleeping , cooking : and eatin� . g_ or reoreation , 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 arr�kinca 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 recuirement of 44 CFR HQ , LOW GROUND-SUBSIDENCE HAZARD AREA : areas i ich- -he--rate and magmtude-of-any-surface displacement would bey - damage to existing STRUCT cen-- adequate ev er ng cos gn to tLture STR Land small amounts of foundation displacement . These are areas bekow-wNich all or essentially all pillars have-been remcwee , -aI owing the possibility of--re if r Ord complete subsidence to have occurred. -Problems in such areas should be reduced to post - b iden fated-surface settling , and 70 small-sea le effects of subsurface shifting resulting- from any small residual or secondary-voids-7 LUMBERYARD/WOODWORKING: An establishment where BUILDING materials are sold . LUMBERYARDS ma also rocess lumber by 3erforrnirc millworkt planing , outtinc , and the like , and manufacture wood products such as furniture ._ LUMBERYARD ERYARD does not include general home improvement stores . MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC GE G : Public-Lltillties PUBLIC utilities orlauttic Agenclles PUBLIC agencies operating or constructing a mine , ELECTRIC TRANSMISSION LINES , eemastic water DOMESTIC WATER storage facilities , POWER PLANTS , SUBSTATIONS ! SEWAGE TREATMENT FACiLITIES wastewater-treatmeat-facifities , 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. MAJOR THOROUGHFARE: A ,road or STREET designee , constFucted and used-as_an ARTERIAL TREE EXPRESSWAY or FREE AY or FREE A` } MANUFACTURED HOME: ngle fa Iy dw ii 'hiGh is partially or entire {y rnan4 ctu-red--in a factory ; is-not less--than twenty-four (24)-feet in wJ4t-h and thrt -s-i-x-( G )- fe . gth ; is install an e t mo lion- in compliance with ANSI A2-2-5 - 1987 ,_l lanufactu-r-r t ll t ei , wood -oc cosmetioaft - siding ar -d a pitched roofHa is certified-pursuant to the National-M ed Housing Construction-e4d- Safety , andards Act of 1974 , 42 U . S. C . 54431 , et r FA RED (MOBILE ) HOM-Eshafl not be allowed to deteriorate to the condition of a DERELICT ANJE CT-U-RED ( MOBILE ) HOME. A INGL. E- 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 pther than the residential site of the completed home ;. b. Is designed and USED for spin le-family residential occupancy in either TEMPORARY or permanent locations ; c. Is constructed in compliance with the " National Manufactured Housing Construction and Safety Standards Act 011974" , 42 U . S . C , sec . 5401 et seq.. ,_ as amended d . Does rot have motive power and c. Is not licensed as a vehicle . MANUFACTURED TURE►D HOME PARK OR SUBDIVISION: A parcel or contiguous parcels of land divided into two i, 2 ) or more MANUFACTURED HOME LOTS for rent or sale .MANUFACTURED TRU TURE; Any factory-assembled STRUCTURE with or without service. connections that is not a DWELLING UNIT , MA SSA GE PARLOR An establishment that pray des massage treatments . MASTER PLAN: A document or series of documents prepared and adopted according to state law which sets forth policies for the future of a m unicipaIity Chapter 23 - Zoning code upeates 3/6/19 DRAFT Page 33 of 246 MEAN SEA LEVEL : For purposes of this Chapter, the National Geodetic Vertical Datum ; N V } of 1929 . North An- erican Vertical Datur _NAVL ) 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 anc huutcheri. nq of animals in a single BUILDING not larger than 5, 000 square feet of GROSS FLOOR AREA, MEDIUM SCALE SOLAR FACILITY.- A facility which is used for the production of electrical energy from enemy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under 115 kV, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and is located on 20 acres or more . This designation shall not include roof and/or ground mounted solar systems located on permitted I PRINCIPAL and accessory buildings ACCESSORY BUILDINGS and designed to supply power to the principle useNt USE (S ) ion site. MINING: The act of recovering mineral , sand , gravel , quarry, coal cr other resources from the ground . MINING shall include , but not be limited to , recovery of the resources by processing on site ( including " in-situ , " solution , and other extractive methods ) , open pit excavation , wet or dry pit excavation and subterranean excavation . MOBILE HOME. A transportable TRUCTURE whi - -or- ginal �y buir+ ,sects either eight (8 ) feet in wi -or th-icty-two-(- : 2+f t in length , was origina ly ut . : DWELLING UNIT with or without a permanent 3 _` , _ E - 'Er ed oursuant to-ie 'Na nufact re Ho " ing Constr coon f_4974, "4 U . S . C . 5491 , et seq . , as amen d t -does -not meetsvoi -the-Other--pirati-igiORS-4M-Ple-ciefirtition-ef-MA-N-Li FABURE0 1 ME is considered to be a-MOWILE l-h ► '1E - OBtLE W -e MA UFA T-Q ED-HO► ME shall-not -be conve-Sany- USE- other than a SINGLE-FAMILY DWELLING and- shall not-be allowed to deteriorate to the cond-i-ti = DERELICT MOBILE 11-QM-EA MOBILE HOME or mane t o -,h am coy v 4ed or i n-its--orig in-at-=c a ter_ a AGRICULTURALLY EXERT- U4LDI G or as a ' P P AR ► STR CTURE for storage . base , footing-of blocking--which is set on or in level soil to provide support fer the-placeme-nt of a MOBILE HOME. This base , footing or-blocking may consist of separate concrete boaks or a single concrete slab as described in Subsections 2g-2-120 A. through E of this Code. Ingle-o- ersh49-or-controi designed-- imarily for ie re a-1 oLportions of the area as spaces for• occupie O-&&LE—H E : MOBILE HOME '-BD-I- 'I I-O -An area ratted int* LOTS according-to adopted COUNTY standards-and procedures and-design►ec--lr ari r-fie sale-of-such LOTS to individuals as-permanent--sites for NOBLE HOMEST MOD-ERA. TE GROUND SUBSI as subject to MODERATE SUBSIDENCE are defined by potential surface disr pt$ on of sufficient-magnitude to damage STRUCTURES to such ar extent_as-to render them unsafe or unusable . The rate of such disruption , ho eve ognittani the problem and safe , orderly abandon ' - SUBSIDENCE over undermined areas—where ft:llars-were-left. This condition-predu -s the—potential for further small- scale oolla-pse-apd differential settlement NEIGHBORHOOD: When used in this Chapter in reference to a particular LOT , the word NEIGHBORHOOD is intended to describe in a general way the land area which is in the vicinity of the LOT in question and which will be affected to a greater extent than other land areas in the COUNTY by USES which exist on the LOT or are proposed for it . A NEIGHBORHOOD always includes LOTS which are ADJACENT to the LOT under consideration and , depending upon the land USE in question , may include more remote areas as well . NEW CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCTION commenced on or after August 25w 1981 , and includes any subsequent improvements to such STRUCTURES . NEW MANUFACTURED HOME PARK OR SUBDIVISION: A MANUFACTURED ED HOME PARK. OR SUBDIVISION for which the construction of facilities for_servicing the LOTS on which the MANUFACTURED HOMES are to be affixed C; includina, 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 August2 , 1981 , NIGHTCLUB, BAR'. LOUNGE OR TAVERN: An establishment primarily intended to serve alcoholic beverages to customers on premises and licensed as such by the State and the County . Chapter 23 - Zoning code updates 3/6119 DRAFT Page 34 of 246 NONCOMMERCIAL JUNKYARD: An area where any waste, jerk JUNK or used or secondhand m a to ria s 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 VEHICLE ► 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 PUBLICrights of way RIGHTS-OF-WAY, NONCOMMERCIAL TOWER: Any mast or pole taller than forty <40 ) feet and permanently attached to the property. The NONCOMMERCIAL TOWER may include over=the-aiir high definition television (HIT ) reception , short wave radio , citizens band radio , wireless Internet and cell phone range extension , for example,. NONCONFORMING SIGN: A SIGN that does rot conforr - to a provision or requirement of this Division but which was lawfully established prior to the time of its apIlicabi ty. NONCONFORMING STRUCTURE: A STRUCTURE that does rot conform to a provision or requirement of this Chapter, but was Ia fuiiy established prior to the time of its initial applicability. NONCONFORMING USE OR STRUCTURE- : A USE or STRUCTURE that does not conform to a provision or requirement of this Chapter, but was lawfully established prior to the time of its !initial! applicability. N0NINSTH ,T RUNWA : e -with-electronic n No I-1 QTRAMT RUNWAYS are the cross n4-UN VAY ( RUNWAY 1-7-2, ) and the p rat4el-pr t RUNWAY (-RUNWAY 3-21 ) . NON- URBANIZING: An area greater than a % mile from municipal boundaries , as amended . • risedeaf-n-in - -r-fewer residertial lots, located- in aenetetwelean area as dcfie irw- t -adjacent to-other PUDs , subdivisions, . municipal -eorricors . ' O N LJ R BA \ SCA.E DEVE _ D1' E N T-se ail 3I` ' . ;--tai purposes and including development h-ch--c mbines clue: _ 41) ra' uses i and r E-;chin Dena e t � nex u Ita ble for farming --,e r n PUBLI ,f ��t'�T sep is eystems may lIa o-mirkimum lot size of one ( 1 ) ll ensit r o and one-half (2%) acres-per AA SCALE DEVELOPMENT proposing inch-vidual,p!r aterw lls and septic sy-steeneell have a rni ene-- alb4) acres per lot_ This clefi fi-tier does! not affecte p y in. t s r it e regimen between the County and-w ni��i-ities which are in effect as ' May 14 , 2001 . NO-RISE CERTIFICATION: A record of the results of an en! ineerin anal sis conducted to determine whether a project gill increase FLOOD heights in a FLOOD WAY. A NO -RISE CERTIFICATION shall be suo.Dorted technical data and signed by a registered Colorado professional engineer . The supportinpl technical data should be based on the computer program model used to develop the 100-year FLOODWAY shown on the FIRM or FEFM NOXIOUS WEEDS: Includes one ( 1 ) or more annual , biennial or perennial plants which are causing or may cause damage or loss to a considerable portion of land or livestock in the COUNTY. Includes , but is not limited to , those species listed at Section 15-1 -20 of this Code . NUDE, STATE OF NUDITY: A person appears NUDE or in a STATE OF NUDITY when such person Gs unclothed or in such attire, costume or clothing as to expose to view any portion of the female breasts below the top of the areola or any portion of the pubic hair, anus , cleft of the buttocks , vulva or genitals. OBSTRUCTION:TRUCTION: Any STRUCTURE crowth or other cb ;octL :includinc a mobile obec.t , which exceeds a limiting HEIIGHT set forth in Section 23-5-30. OFFICE: A room , studio, suite or :BUILDING in which a person transacts his or her business or carries on his or her stated occupationD including but not limited to accounting , correspondence, telephone answering , research , editing , administration or analysis; or the conduct of a business by salesmen, sales representatives or manufacturer' s representatives, professionals such asengineers, architects, planners , land surveyors , artists , musicians , lawyers , accountants , real estate brokers, insurance agents and doctors . OFFSET The horizontal distance between any BUILDING or STRUCTURE , as measured from the farthest projection of the BUILDING or STRUCTURE , except for window wells , air conditioners , gutters , or downspouts , or fences, and a LOT line, other than a STREET/ROAD ci ht-off RIGHT-OF-WAY line . For the aurposes of enforcing_ OFFSETS only , ALLEYS shall not be considered TREETS/ROADS . Chapter 23 — Zoning code updates 3/6119 DRAFT Page 35 of 246 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 goodsh services or functions which may be obtained _ Such SIGNS :shall relate only to a service or product primarily available for the hie hwa user (such as restaurants , lodging , gas, repairs or entertainmentli and available within one ( 1 ) mile of a hig hway_exit or in a community through which the highway passes , OIL AND GAS FACILITY: Equipment or improvements used or installed for the exploration , production , withdrawal , gathering, treatment, or processing of oil or natural gas; excluding PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS, and all other pipelines and flow Ines used or installed at the OIL AND GAS FACILITY . The footprint of the OIL AND GAS FACILITY shall 'match the final location on the interim reclamation area as shown on the State of Colorado Oil and Gas Commission Form 2A . 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 Sate an OIL AND GAS FACILITY for the purposes of obtaining a Weld Oil and Gas Location Assessment (WO LA) . pursuant to Division 10 of the CodoArticle II of this Ch_a __ter. Table 23 1E Land Use Pro T T i ■ _ J L L zoneTH-1.- R-2 R TR.-5 - 1-- _ 1- ___ _ PUD D IA 1. Applicat; . UBR UBR UBR UBR LIB LIBR UBR UBR I- - r tJBR -RR ° ,l-..I -BR R U- UBR - N ,OIL AND GAS STORAGE FACILITY One ( 1 ) or more tanks which receive and store oil or gas from sources other than direct from the oil and gas well . OIL AND GAS SUPPORT AND SERVICE Location and operation bases for businesses whose primary activity includes the following kinds of USES : a _ Parking and maintenance of exploration , production or workover equipment, c Equipment and storage yards for road STREET/ ROAD and pipeline construction contractors . and production unit set-up and maintenance contractors. c. Parking and maintenance for tank and water service companies. d . Storage and rental yards for pipe and production equipment. e . Field OFFICES USED by production -related records and maintenance personnel . f. Disposal and recycling sites for production waste (except production water disposed through either SECONDARY RECOVERY or deep well disposal methods and the mode of transport to such injection we s is exclusively via pipeline from the source and no on-site storage occurs) , except businesses whose activities are primarily manufacturing and fabricating or whose use is primarily for general company OFFICES used by other than company officrals- g . Oil and gas processing PROCESSING facilities and related equipment, including , but not limited to , compressors associated with gas poem PROCESSING or which compress gas to enter a pipeline for transport to market , h . Midstream activities including the -processing PROCESSING , storing , transporting and marketing of oil , natural gas and natural gas liquids.. OPERATOR Any person who exercises the night: to control the conduct of oil and gas operations . ORGANIC FERTILIZER P ODU TIO /COMPOSTIN FACILITY: Facilities where animal manure and other biodecradable materials are brouelit from other properties for composting . This definition shall not include composting of materialsaroduced solely on -site and meeting exemptions from Class I , H , III compost facilities defined under the Bald Paste Regulations . OUTDOOR STORAGE: The outdoor placement or leaving of goods for future use , preservation or disposal . or the renting of space for storage of RECREATIONAL VEHICLES , boats , and camper trailers and associated with .and USES -suclh as-the sales-,-re nta- 1 . c. istr ibution G 4 rhelecal'e isna prr`e ' fe en it. OUTLOI : 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 "'OLTLOT , " and_ma _be limited to certain USES described on th!e lat . OUTLOTS are not ellgibIe for the itsuance of building permits to construct residential STRUCTURES or STRUCTURES not otherwise authorized on the plat , Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 36 of 246 OVERLAY ZONING DISTRICT: A zoning district superimposed over the UNDERLYING ZONING DISTRICT which places further restrictions upon land USES. These restrictilons 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 zones the OVERLAY ZONING DISTRiCT( S) and the UNDERLYING ZONING DISTRICT PARKING LOT: An area used for purpose of TEMPORARY temporary, daily or overnight storage of vehicles, including drive aisles between the parkins spaces , which is not located in a dedicated Iic --right-of-wa r PUBLIC RIGHT-OF-WAY, a travel lane, a service drive or any easement for PUBLIC ingress or egress. PENNANT: An I_ iTiitweigh plastic., fabric or other material whether or not containing a message of any kiind . suspended from a rope wire or string . usually in series , desi +gned to move in the wind,, PETROLEUM' REFINERY, An industrial process plant where crude oil is processed and refined into more useful products; such as , petroleum naphtha , gasoline , diesel fuel , asphalt base , heating oil , kerosene and liquefied petroleum gas. PET CREMATORY A business or non arofit acencv engacinc in the incineration of deceased HOUSEHOLD PETS . ---PET SHOP! An establishment wherein the primary occupation is the retail sale or grooming of HOUSEHOLD PETS or the sale of pet supplies. PHYSICAL MAP REVISION (PMR : An official revision to current,/ effective FEMA raps . PM Rs are issued by FEMA and document changes to FLOOD zones , delineations and elevations . PMRs 9 nerally cover more than one CI ) FIRM panel _ PIPELINE - DOMESTIC WATER: Any PIPELINE pipeline sixteen ( 1 6) inches in diameter or larger and appurtenant components thereof ( such as valves or pump stations ) designed for transporting DOMESTIC WATER in such PIPELINE pipeline and extending to locations outside of Weld County , excluding : a . PIPE-LINES Pipelines that transport or will transport DOMESTIC WATER to one or more municipalities, the boundaries or populations of which were , on September 1 , 2016 , located primarily within the COUNTY . b , PIPELINES Pipelines owned or to be owned by ore or more municipalities , the boundaries or populations of which were , on September , 2016 , located primarily vvithin 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 PipOnes that are part of an irrigation ditch , canal , reservoir, or welll system that transport less than fifty percent (50 % ) of the system's total water as DOMESTIC WATER . PIPELINE - NATURAL GAS: Any pipeline and appurtenant facilities capable of transporting natural gas which is twelve ( 1 2 ) inches in diameter or larger, as measured from the outside of the pipeline , regardless of hoop stress. PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS: Any pipeline and appurtenant facilities capable of transporting any other petroleum derivatives which is thirteen ( 1 3 ) inches in diameter or larger, as measured from the outside of the pipeline, regardless, of hoop stress. PORTABLE SIGN: Any SIGN not ocr ,anently attached to the ground or other permanent STRUCTURE , or a SIGN designed to be transported , including but not limited to SIGNS descried to be transported by means of wheels : SIGNS converted to A- of T-frames : menu and sandwich-board SIGNS . bal oons used as SIGNS , umbrellas used for advertisin ' and SIGNS attached to or ainted on vehicles parked and visible from the_PUBLIC ►RIGHT -of -WAYL unless said vehicle is used regularly and customarily in the normal day-to-day operations of the business . POWER PLANT: Any electrical generating facility with an energy generation capacity less than fifty ( 50 ) megawatts , and any facilities appurtenant thereto , or any expansion , extension or enlargement thereof increasing the existing design capacity but still less than fifty (50), megawatts. PRECISION INSTRUMENTRUNWAY: A RUNWAY having an existing instrument approach procedure utilizing an Instrument La n dinc System - I L ) . It a lso mea ns a RU N AY for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planninc document. PR/MARYSURFACE: A surface longitudinally centered on a RUNWAY extending two hundred (200) feet beyond each end of that RUNWAY The elevation of an 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: .. Ae. Two hundred fifty (25U ) feet for VISUAL RUNWAYS . Ore thousand ( 1 ,. D!D0) feet for PRECISION INSTRUMENT RUNWAYS _ Chapter 23 — Zoning code updates 3/6119 DRAFT Page 37 of 246 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 . his subject property shall be under review for a Zoning Permit for a Mobile Home MANUFACTURED HOME to be used as an TEMPORARY annual ACCESSORY F-arrn-use FARMING USE , or for activities and USES as a Use by Special Review, -I-LE HOM--E—shall be substantiated by verification of employment -+ necessary the operation of the site where the MOBILE-HOME is located , Su-c-n riftio '= shall consist of tax ceeo-r-ds, emp-Gy-n ent---agfee nis or ether docurentat- ICI as determined sub — � r1r r rtere3w E� } r eu ices . Suet; verification shall substantiate the nee n --onnsite living quarters to the operation of the Agricult r-ai Land USE . PROCESSING : An activity associated with the transformation of materials or substances into new products , which may include blending of gases and liquids. PROJECTING SIGN: Any SIGN affixed perpendicular to , or at an anti le to , a BUILDING NG or wall in such a manner that its leading edi eg _ e tends more than six (6) inches beyond the surface of such BUILDING or wall . Considered a type of BUILDING _ I . PUBLIC: When used as modifying a STRUCTURE , activity or purpose , means a STRUCTURE , activity or purpose owned or operated by a government agency or by a nonprofit corporation with tax-exempt status under the Federal Internal Revenue Code , if the nonprofit corporation makes the STRUCTURE or facility available for the USE of all members of the PUBLIC without regard to membership status _ PUBLI SEWER: Transmission . storage, treatment , collection or distribution facilities which are constructed , operated or maintained by any group . organization , special district or municipality for the purpose of providing the members of the group , organization , special district or municipality with common sewer seefice facilities; in whucih sewage is carried from individual LOTS by a system of pipes to a. SEWAGE TREATMENT PLANT. PUBLIC WATER: A central water supply system provided through a municipality , water district, water company or association for supplying water for household Les USE$ which is designed to meet the minimum requirements of the Safe Drinking Water Act ( SD A) , 42 U . S C . §300f. PUBLIC WATER includes a central water supply system providing water from one or more wells to all lots LOTS in a residential development DEVELOPMENT through a single connected system of pipes and facilities , and which meets the requirements of Section 24-7-80 . B . _ .: PUD (PLANNED IT OE 'EL0PME '� j Fi J) A zoning district which includes an area of lands, 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 , recreationalj. or industrial; or other USES , or any combination of the foregoing , the plan for which may not correspond in lat LOT size, bulk or type of USE , density, LOT coverage COVERAGE„ open space or other restriction to the existing land use regulations . A PUD is created in accordance with Chapter 27 of this Code , IFIE RCS r 1 4 ,A,A-TE E T# s ientist-or eng neer w io has receives a baccalaureate or pest- graduate degree in the nat-u l sciences or engineering aid-has sufficient training-and -expe11en6e4n ground water h-y4ralogy and related fie l s-as may be demonstrated-by-state by -state registration ,_professional certificatiorts,prefessiona4 experience or completion of accredited university proyr-arnfrth .t- . to-the ndivioual to make sound professional judgments regarding ground water menitorin-g . contaminant fate end t ip , and corrective action . RACING FACILITIES : An establishment where arr_imaI, motorized vehicle , or bicycle races are conducted outdoors , including ACCESSORY BUILDINGS or USES, such as spectator seating , food vendors . and parkingi. but excluding facilities on PUBLIC SCHOOL OL property , tracks exclusively for pedestrians, and facilities not o oen to the public. REAL ESTATE PROMOTION SIGN: A TEMPORARY SIGN , located on-premises or off-premises, that identifies dwellirrps or other STRUCTURES under construction or to be constructed . This is a type of TEMPORARY SIGN that can othe ise_e ce d TEMPORARYSIGNstandardsas_inducated in Appendix 3 -O, On -premises SIGNS advertising SUBDIVISION N construction shall not be displayed after all LOTS or dwellings in the SUBDIVISION have been sold . Off-premises SIGNS. advertisinc sins UBDIVI ION construction shall not be diselayed prior to the date of official recording of the SUBDIVISION , and shall be removed within two ( ) years from the date of the issuance of the first building permit ire the pro t 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 diselay' ed durinc_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: Chapter 23 = Zoning code updates 3/6/19 DRAFT Page 38 of 246 a , PUBLIC RECREATIONAL FACILITIES: PUBLIC parks, zoos, swimming pools , golf courses and other such facilities owned or operated by or under the direction of a government agency or a nonprofit corporation . b . PRIVATE RECREATIONAL FACILITIES: Includes golf courses, tennis courts , swimming pools , country clubs and RECREATIONAL FACILITIES for fraternal organizations , all of which are owned and operated by either nonprofit organizations with a limited membership or by private persons who own the facilities and are the only users of them . c _ COMMERCIAL RECREATIONAL FACILITIES:: Includes , but is not limited to , bowling alleys ; health spas , swimming pools, tennis courts, miniature golf facilities or lakes constructed specifically for the purpose-of coed — r--r ng commercial- enterprise, and WATER SKIING operated on a commercial COMMERCIAL basis for USE by the paying public . COMMERCIAL RECREATIONAL FACrLITIES do not include rodeos , roping arenas .. RACING FAI I LPTIE , or SHOOTING RANGES . RECREATIONAL VEHICLE: A transportation STRUCTURE or self- propelled vehicle with or without flexible , removable or collapsible walls and partitions, damned-o -- d--as-a ad- Ling for travel ; recreation or vacation itiSEST which is: a . Burnt on a single chassis : b . Four hundred_ (400) square feet or less when measured at the largest horizontal oro . ection ; c . Jesi ned to be serf- ro - elled or ermanentl towable b a l ht-dut truck , and d , Not primed desii ned for USE as a _ ermanent but _instead as temporary living quarters for recreational , CAMPING , travel or seasonal USE . The term RECREATIONAL VEHICLE shall include: motor home , camper bus and travel trailer, but shall not include pickup trucks with camper shells that do not extend above the cab of the truck .. For the purpose of this Code, a RE-CREATIONAL VERlrequirements and restrictions for MOBILE HOMES es provided in this Chapter_ we� n or nary- nsi t residency . A RECREATIONAL EATIONAL VEHICLE shall not be used USED _.for TEMPORARY Storage , TEMPORARY ACCESSORY Farm USE , TEMPORARY ACCESSORYU E During a Medical Hardship, TEMPORARY ACCESSORY USE as an OFFI E , or as a Principal DWELLING UNIT. ReEFFr R 1 , pif�Iirf!inn If rl en-replete `gyp lietati tirL '`_in PI PTE given to a referral I� EFE�7 ° �f4 .E . . . L . , r' ti, .., ,, . ,..P ,..., v .... e i � �... . 4v 2pp vatic P M _LE E APPLICATION g : w � � o referral al O I..YFE L agency far review of a case. The referral REFERRAL information may contain only portions or elements of the compete application COMPLETE APPLICATION . ►ON . REPAIR ER I E ESTABLISHMENT : Any BUILDING wherein the primary occupation Es the repair and general service of common home appliances such as musical instruments , sewing machines , televisions and radios, washing machines , vacuum cleaners , power tools, electric razors , refrigerators and lawnmowers not exceeding four thousand (4 , 000) watts or five (5) horsepower, or any place wherein the primary occupation is interior decorating , incliuding reupholstering , furniture repair and the making of d raperies, slipcovers and similar articles . RESEARCH LABORATORY: A facility for scientific research in technology- intensive fields. Examples include, but are not limited to, biotechnology, pharmaceuticals , genetics , plastics , polymers , resins , coating fibers, films , heat transfer and radiation research facilities . RESIDENTIAL BUILDING UNIT. For the purpose of obtaining a Weld Oil and Gas Location Assessment, means a building or structure designed for use as a place of residency by a person ; a family, or families. The term includes manufactured , mobile , and modular homes, except to the extent that any such manufactured , mobile , or modular home is intended for temporary occupancy or for business purposes. RESIDENTIAL SIGN: Any SIGN located in a district zoned for residential uses that contains no commercial message except advertisinc for Goods or services le all offered on the premises where the SIGN is located , if offerin such service at such location conforms with all re uirements of this Code . RESIDENTIAL THERAPEUTIC CENTER: A DWELLING UNIT which is not specifically designated as a GROUP HOME FACILITY and which provides a community living environment for individuals requiring custodial care , medical treatment or specialized social services . This definition includes any number of people who live together who lack the ability to live independently, or who have been ordered into the facility by acourt 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 r1 finitIton drcis not inr' IIIde osn�rrecti i-, I iIi i c ( ffRPEdam''''TIf► MAI L .anII ITICa U ■V as v e a■ i • c a n U s... a,'.. , not+,� ! w p'L+ ! �L,i '�.,4 \.' 4f".d 9 1 4a 'L1 LYU 11 LJ 1 1 LJI 5,11 1 T rT' J " 1 . ' 1 _V LJ P 1 \J 1 f l L FA CI L I I I I_ 'J , Chapter 2 — Zoning code updates 3/6/ 19 DRAFT Page 39 of 246 R. E TA RA T: An establishment that furnishes , for compensation , food and drinks of any kind for consumption primarily therein A TEMPORARY snack bar or refreshment stand at a public PUBLIC or nonprofit RECREATIONAL FACILITY and for the convenience of patrons of the facility shall not be deemed to be a RESTAURANT - T, ) E 4N Anresta-bli-slyfor- compensation ,—_o►e+ nc drink of any Bind oonaumption primarily off the premises--or- iohf- I vers fo nd drink to customers in their vehiel-es . RETNUSERVICE ESTABLISHMENT Includes a variety of businesses engaging in COMMERCIAL sales, rentals, and services, but excluding] ADULT BUSINESS , SERVICE or ENTERTAINMENT E TABU HMENTS , BREW PUBS , CHILD CARE CENTERS , LUMBERYARDS : NIGHTCLUB , _ BAR . LOUNGE or TAVERN , REPAIR SERVICE ESTABLISHMENTS , RESTAURANTS . VEHICLE E SERVICE/REPAIR _ESTABLISHMENTS , and VEHICLE RENTAL AND SALES ESTABLISHMENTS . RE 4 E E_ - • sible from one ( 1 ) of the parallel or nonintersecting streets upon h i-c-n-it--f r s RIGHT- OF- WA Y: 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: An SIGN erected and constructed wholly on and Dof of a BUILL ING . sn orted b oer tl� e rothe roof STRUCTURE , and extending vertically above the highest portion of the roof. Surfaces with slopes Mess than seventy-five (75) percent from horizontal shall be considered roof surfaces , RUNWAY: The area of the REELEY-WELD COUNTY AIRPORT constructed andused for landing and takeoff of aircraft along its length nd taking off, of aircraft . -L---E TR IL R: . MANUFACT ED- -T- CTURE- used for-an-otter-then-a -V-EMP0R R' time period far he sate or purchase of lots or-hones--in a subdion-/develepm n b a he-gener-a-ii-pubilic. -SALES - TRAI-LE-I sha,1I comply-with requirements set fo =i-n=th-i --C- -peter,_i-ncl in -requirr --on-in -SETBACKS- d OFFSETS, and shall be installed in accordance with-the requirements set lot in Ciapter 29 of-t i- - cde an-d there to the zoning permit-requirements of Section -4-190-+ --the Cade. ► 1---SALES TRAILERS shall cemo-nstiate that water- and sewage disposal facilities are available , The maximum number of SALES TI C --is-tirnited to one ( 1 ) p r ivisioni veopm S HOOL : Includes any one ( 1 ) or more of the following categories : a PUBLIC SCHOOL ( which n ay include PUBLIC SCHOOL extension classes ) , community college , junior college, college or university; an independent or parochial SCHOOL which satisfies the compulsory SCHOOL L attendance requirements appearing in the School Attendance Law of 1963 , Title 22 , Article 33 , , F . S . : or a COMMERCIAL SCHOOL , as defined herein . SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Panning Services to lessen the noise , light, heat or visual impacts of a USE on surrounding uses A SCREENING PLAN shall be submitted and approved by the Department of Planning Services . SECONDARY RECOVER ': A technique of recovering additional crude from a mineralized zone by injecting steam , water and similar methods in-an effort-to force more Of the crude to a production well . SEMI- TRAILER: Any s defined—i-P---Section-- 1 - 10203-9) , C _ _ S. , means any wheeled vehicle., without motor power, that is designed to be used in conjunction with a laden or unladen truck tractor so that some part of its own weight and that of its cargo load rests upon . or is carried by, such laden or unladen truck tractor and that is generally and commonly used to carry and transport property over the public PUBLIC highways and- roads STREETS/ROADS _ SETBACK The horizontal distance between and BUILDING or STRUCTURE , as measured from the farthest pr action of the BUILDING or STRUCTURE , except for window wells ,. air conditioners , gutters , downspouts , or fences , and the established PUBLIC orprivate STREET/ROAD RIGHT-OF -WAY line other than that of an ALLEY. If the abutting PUBLIC STREET/ROAD is designated d the Transportation Plan adopted in ChaJter 8 of this Code as a co foctor or arterial STREET/ROAD , then the SETBACK shall be measured from the future RIGHT-OF -WAY line .. The future RIGHT-OF -WAY lire is determined by dividing the minimum required RIGHT-OF-WAY' width in half and measurinc from the center of the STREET/ROAD _ The minimum retuired RIGHT-OF -WAY width is found in Section 8-8- 10 of this Code . The-horizontal distance-between any BUI-M-ING or STRUCTURE , as measure° jrorn toe scar: rest projection of the BUILDING or STRUCTURE, except for window wells , air conditioners , gutters or down-spouts-Faro the-established PUBLIC or private STREET right -of- a • esignaLed to be d4rtional right-of-way , then the SETBACK shall-tie-measured fro future right of way line. The future right of way line ( moasured from the center of the road ) is determines by d4R434I de - , .e►f-way- as� 4e-fi-ea be[nw i ;- = -(f lowing is a list Chapter 2 — Zoning code updates 3/6/ 19 DRAFT Page 40 of 246 of tic right--of way needed for road ceaons as defined in7-the Transpiration -Road classifications an4 ap pica ble right-offw yi- n4 -n--- ll +s Code _ a - Pri-ncipal-zARI-AL ( interstate ) three-hundred -fit right of-way _ b:= rincip'al- RTERJAL ( other) z one hundred -fifty-feet- fight of-way- c. Minor ARTE- I A._ - One fund -foot to one hundred-# o 1 , 2 County ARTERIAL - one hundred foot Fight-of-way, en County COLLECTOR - eigMoot-r1- h-t`of-way r a r i -CAL - sixty-foot-rat of- -y SEVERE • SUBSIDENCE HAZARD- AREA : Zone labeled SEVERE ace areas-in -which the effects-of rapid subsidence , such as failure of BrU1L-DING foundations , roadways ; gas mains and similar peter+tially dangerous features, may endanger the lives of persons in the immediate vicinity. - Such yeas have-been Fdermined and are characterized by the pillars-and l] y i eyidar�r-�� of yoi �"� of h �+� a-I--� � s L - of evidence of surface subsidence The col a r, lam could induce almost instantaneous subsidence or displacement with equally or almost uall -destruction of structures at the she- SEWAGE THEA T E T PLANT A facility designed for the collection , removal , treatment and disposal of water- borne sewage generated within a given service area, SHOOTING RANGE - INDOOR: A facility designed or used for shooting at targets with rifles , pistols or shotguns and which is completely endosed ENCLOSED within a bu+l-dng BUILDING or scuctur-e STRUCTURE . SHOOTING RANGE - OUTDOOR The use of land for archery and/or the discharging of firearms for the purpose of target practice , skeet or trap shooting or temporarycompetition , such as turkey shoots. Excluded from this use type shall be general hunting HUNTING and unstructured and nonrecurring discharging of firearms on private property with the property owner' s permission . SIGN: Any object, device , display , stucture STRUCTURE or part thereof„ satiated 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 , p printed, designed into , constructed or otherwise placed on or near a building BUILDING , hoard , plate or upon any material object or device whatsoever, which by reason of its fora , 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 SIGN attached to painted on or erected against the wall of a l ng BUILI II JC in such a. manner that the sign SIGN face is, parallel to the plane of the wall and is wholly supported by the wall . Banners , canvas or any other sirmilar material may be used for this type of skin SIGN only if the material is securely attached directly to the building BUILDING fascia or to a rigid SIGN structure STRUCTURE in a manner which prevents the material from flapping , waving or otheise moving . SITE SPECIFIC OF ELOPMENT _ PLAN Use by Special Review ( including OPEN MINING and MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY) , PLANNED UNIT DEVELOPMENT Final Plan , SUBDIVISION final plat resubdivision or minor SUI3DIVISION application which has been submitted to the County and receives a p .oroval or conditional approval by the Board of County Commissioners , or bye Planning Commission in the case of MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY No other t y e of land use application shall be considered a SITE SPECIFIC DEVELOPMENT PLAN , SMALL SCALE SOLAR FACILITY: A facility which is used for the production of electrical energy from energy collected by the sun including soar energy collectors , power generation facilities , facilities for storing and transforming energy , other appurtenant facilities and any transmission lines under 115 kV, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and will be located on less than 20 acres, This designation shall not roof and/or ground mounted solar systems located on permitted principal and accessory bibi-ilciing BUILDI . G,San esigned to supply power to the principle use( s) USE: ) on site . SPECIAL FLOOD HAZARD AREA : The land in the FLOODPLAIN within the COUNTY sub'ect to a one-percent Pr greater- chance of FLOODING_in an given ear . The area ma be des, nated a. Zone A AE AH . AO or Al -A99 on the FIRM or FHEM . SPECIAL. FLOOD HAZARD AREAS are Deriodically amended by FEM1.A via a LETTER OF MAP CHANGE . The desi, nated SPECIAL FLOOD HAZARD ZONE AREAS are as follows : Chapter 2 - Zoning code updates 3/6/19 DRAFT Page of 246 a Zone A Approximate Floodplaink .is a SPECIAL FLOOD HAZARD AREA where BASE FLOOD ELEVATIONS and FLOOD HAZARD factors have not been determined Oar FE "IA. b . Zone AH is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and depths are between orec1. and three ( 3 ) feet and BASE FLOOD ELEVATIONS are shown but no FLOOD HAZARD factors have been cletern1ined by -FLMA . c Zone AO is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and flood depths are between one ( 1 ) and three ( ) feet with the average depth of FLOODING shown but no FLOOD HAZARD factors have been determined by FEW d .. Zones AE and Al -A30 are SPECIAL FLOOD HAZARD AREAS where BASE FLOOD ELEVATIONS and FLOOD HAZARD factors have been determined by FEIMA. a 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 , provides 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 TURED HOME or a foundation . Permanent construction does not include land ore p _ratio, such as clearinc cradinc and FILLING ._nor does it iincl Id_e the installation of STREET ROAD and/or walkways : nor does it include excavation for a B EI ENT : 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, ceilinc floor or other structural Dart of a E U I WING , whether or not that alteration affects the external dimensions of the BUILDING . STORAGE AREA : Any facility , including appurtenant facilities , designed to store fifty million ( 50 , 000 . 000 ) cubic feet or more of natural gas or similar petroleum derivatives,, or one hundred thousand 1100 , 000) barrels or more of liquid petroleum derivatives . STREET/ROAD: A strip of land intended for vehicular USE and providing principal means of access to LOTS . aT the purpose of this-Chapter. STREETS shall be-Glassifieckand-defined-as-fellowsti a . FREEWAY: A major r- • h . state highway, designed to carry very large volumes of vehicular traffic , with full control-of access l imer eotic s q4Paoe-gyrated _ b. E = ' ' i rtil;crto a FREEWA V, except hat at-irtec dons need not be grade -separ- a. -ARTERIAL : A STREET_-designed to carry high vo umes-ofn Nd r tr € r n► &t-anG - ect manner. c , - COLLECTOR: A STREET des' - - - - - : shicular traffic from one--(4 ) or more ind vk1a residential or n -res de-ntiai reas-to or from an ARTERIAL , EXPRESSWAY ESSWAY or FREEWAY--; a LOCAL: A STR-EE-T designed - - " f1 ) or more lots- to or from a COLLECTOR . f. ALL --Y-= minor way which is u fa ve. • ;ee-access=to e rea r-o e-LOTS-otherwise a tti - a -TREET g . FRONTAGE ROA ET parallel—an parallel-ancie A J a a a , E = =R ESWAY which -provdes access to ADJACENT LOT=- - E T _ a . ARTERIAL, EXPRESSWAY-or-FREEWAY . STRUCTURE: Anything that is built, constructed or erected , an edifice or building 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 PUBLIC utilities. The term includes an object, including a mobile obieot, constructed _or installed by man . ir7cludinq out without limitation ! BUILDINGS . towers cranes_, smokestacks , earth formations , overhead ELECTRIC TRANSMISSION LINES , and as or storage tanks that are prinoi all aboveground . - EYI ' 'ORARY Anything constructed in such a manner that it would l be expee+ have relatively sho ' Y96c:6—life or-is but for a purpose that would -commonly -0e expected to be relatively short term . SUBDIVISION: For the purposes of this Chapter 23 only , the term SUBD IVl lON " means land that has been split into separate LOTS with prior COUNTY approval of a plat : Chapter 23 Zoning code updates 3/6/ 19 DRAFT Page 42 of 246 1 . Recorded_i_n the office of the Weld County Clerk and Recorder between a �ternber 20 , 19614 and December 10 . 1992 , and meetinc the definition of " subdivision " of the Official Subdivision [Regulations , Weld County , Colorado, as amended ( referred to as the "_Veld County Subdivision egulations" ) ; 2 . Recorded in the office of the Weld County Clerk and Recorder between December 10t 1992 . and December 18 2000 , and meeting the definition of " subdivision" of the Weld County Subdivision Ordinance, Ordinance No. 173, as amended ; OR 3 , Recorded_in the office of the Weld Count Clerk and Recorder after December 18 2000 , and meeting the definition of" subdivision " of Chapter 24 of the Weld County Coolie, SEE ALSO HISTORIC TOWN ITE . SUBSTANTIAL DAMAGE Damage of an origin sustained by a STRUCTURE whereby the cost of restorin the STRUCTURE to its before-damaged condition would equal or exceed fifty_ X50 ) percent of the market value of the STRUCTURE lust prior to when the damage occurred . SUBSTANTIAL IMPROVEMENT Any repair ,_ reconstruction or irk provement of a STRUCTURE the cost of which e uals or exceeds fif₹y (5Q ) percent of the market value of the STRUCTURE before the START OF CONSTRUCTlON of the improvement. This includes STRUCTURES which have incurred SUBSTANTIAL DAMAGE , recardless of the actual repair work_ perf=ormed . The terra 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_desi.gnatipn as a HISTORIC TRU TU RE_SUBSTATION: Any facility designed to provide switching , voltage transformation or voltage control required for the transmission of electricity which has an incoming or outgoing power line which is more than sixty- nine (69 ) kV. S411-T-A- O A -soil- -hich will effec ety- filter - #fluent by--removal -of organisms and, s18pended---solids before the- ez.keristerweaches any hi_MM +- rnreable -earth such as_joints-in-bed-rock , gravel or very coarse soils and whth has percolation rates slower than five ini Eta per oh and has a ve l-thicknecc of at last-five ( 5 ) feet beneath the 3,10W line of the site--the top of the h i+ h [groundwater- table . SUPER ELVA TR, N: The raised po► -ien<$f •h- ay above tia-pfevent a vehicle from s outward or cou- rac4ing-alt= thy centrifugal-force of a vehicle traveling at an assumed-s-peeck 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: One ( 1 ) or more storage tanks which receive and store oil or gas directly from and as it is produced by a well . TELECOMMUNICATION ANTENNA : An exterior transrnittinc or receiving device usec in telecommunications that radiates or captures telecommunication signals . TELECOMMUNICATION ANTENNA, ATTACHED: An antenna mounted on sin existinc BUILDING, silo , smokestack , water tower . utilit _ or ower ole or a support STRUCTURE other than a TELECOMMUNICATION ANTENNA TOWER TELECCimivitfiviCATION ANTENNA CONCEALED: An antenna with a su .Dport 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, dock towers , flaw poles light STRUCTURES , steeples and similar- ob ects . TELECOMMUNICATION ANTENNA SETBACK: The distance between a property line and the footprint of the antenna STRUCTURE, including antennas9 reflectors , dishes and other appurtenances . TELECOMMUNICATION ANTENNA TOWER: Any STRUCTURE that is des( ned and constructed rimaril far the purpose of supporting one ( 1 ; or more antennas , includin carrouflaced lattice , co or mono' ole TELECOMMUNICATION ANTENNA TOWERS . This includes radio and television transmission , microwaves and common-carrier, personal commutations service (Fes" cellular telephone , and/or= alternative TELECOMMUNICATION ANTENNA TOWERS, and the like. This definition does not include_any STRUCTURE erected solel for ar=esidential , noncommercial individual Use . such as television antennas, satellite dishes or amateur ( HAM ) radio antennasa_includinc , but not limited to 1ATi- U R RADIO ANTENNA/TOWERS . Chapter 23 — Zoning code updates 316/ 19 DRAFT Page 43 of 246 TELECOMMUNICATION ANTENNA TOWER HEIGHT: The distance from the finished grade at the TELECOMMUNICATION ANTENNA TOWER base to the hi hest oint of the TELECOMMUNICATION _ANTENNA IM TOWER . Overall TELE OMU I0ATION 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 .TIoN ANTENNAS" ATTACHED: TELECOMMUNICATION ANTENNAS , CONCEALED ; and TELECOMMUNICATION ANTENNA TOWERS . TEMPORARY: Less than six Six ( ) months or less . TEMPORARY SIGN]: onstruction 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 us 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 irl such a manner that it would commonly, be expected to have relatively short useful ife or is built for a pur cse that would commo► nly be expected to be relatively short-tern THEATER: A BUILDING or STRUCTURE designed for USES such as the enactment of live performances and/or the showing of motion pictures . THEATER, DRIVE - IN: An area and a- se d STRUCTURES use _ - THRESHOLD : That imaginary line on the .R r-to-the-RLINWAY centerline which 'rmarks the useful hal t of -RUNW " _en f- -hattparticLtar RUNWAY , with the exception being-RUNWAY 9-27 , , ch has its di-srprlaced threshold-eight-hundred -eet ) e wet- —tie physical TRAINING FACILITY: A facility in which domestriff-Ral-s, HOUSEHOLD PETS or LIVESTOCK not owned by the property owner are trained . TRANSITIONAL SURFACES These surfaces extend ou rard at ninety-degree angles to the RUNWAY centerline and the RUNWAY centerline extended at a slope of seven ( 7) feet horizontally for each one ( -11) foot vertically from the skies of the PRIMARY and APPROACH SURFACES to where they intersect the HORIZONTAL and CONICAL SURFACES . TRANSITIONAL SURFACES for those portions of the precision APPRR A H SURFACES, which pro' ect through and beyond the limits of the CONICAL SURFACE, extend a distance of five thousand (& 000) feet measured horizontally from the edge of the APPROACH SURFACE and at ninety--degree ancle.s to the extended RUNWAY centerline _ TRANSITIONAL ZONE The area described as TRANSITIONAL ZONE in Section 23-5-20 TRAM LOADING : A process of transferring a Commodity from one ( 1 ) mode of Transportation to another whose primary activity includes the following kinds of USES : ap Rail and truck transicading 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 id + r storage related to the same . TRAVEL-WAY - That portion of-the-roadway far-movement of veh-iores, exclusive of shoulders and auxiliary lanes . TREE; Any oh ect of natural growth . TRUCK WASHOUT FACILITIES, COMMERCIAL An establishment providing COMMERCIAL cleaning of trucks and SEMI -TRAILERS. UNDERLYING ZONING DISTRICT The zone districts designated on the Official Zoning Map of Weld County . These zone districts regulate the heicht and hulk of BUILDINGS and the USE of ' and in the unincorporated areas of the County_ URBAN GROWTH CORRIDOR,:.--An ' a Witt-tine Goals, Policies an ids � esL pre aced p ti - -2-i 1 C , within -which urban development is encouraged Il i r � r-rf . ` �. ��+e area., c - corm-YeirTansive plan , and outside of which urban deve. opment is discouraged . An urbangrowth-area usual y defines the- 'umit within whic rle purpose is to promote-projected urban i i ce � sure efficient utilization of land-resources and urban services to adequately support twat ur-ba - roth URBANIZING: An area within one-Quarter mile from municipal boundaries, as amended .. Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 44 of 246 r rDEVELOPMENT DEVELOPMENT s-and/or located in close--proximity to existing PUDs , subdivisions , municibal boundaries orcorridors and - boundaries . AR URBAN SCALE DEVELOPMENTS shall—pave the-internal road system-- EVEL OP -" ! AN SCALE DEVELOPMENT re u rcc support-services such central water, se �� s qas $��. 1--�� -era ; fin-e-torks , park and- recreation facilities and wams, and =FM dra ' nage . This definition-does not affect or apply t-o-those Coordinated P4enning Agreements bet een th C nice a--I-it4 -which-a-re -i n effect as of May 14 , 2001 . USE Any purpose for which a STRUCTURE or a tract of land may be designed , arranged, intended , maintained or occupied ; also , any activity , occupation , business or operation which is carried on in or on a STRUCTURE or on a tract of land . UTILITY RUNWAY A RUNWAY that is constructed for and intended to be used by propeller-driven aircraft of twelve thousand five hundred ( 12 . 50 : sounds maximum cross weicht and Fess _ UTILITY SERVICE FACILITY: P-u-biic PUBLIC utility mains , lines , gas regulator stations, PUBLIC lift or pumping stations for domestic- water PUBLIC WATER and cy- sewer PUBLIC SEWER service , and accessory ACCESSORY TRUCTURES where no PUBLIC office OFFICE , repair Of storage facilities are operated or maintained , VARIANCE: A grant of relief to a person from a requirement or recuirerments 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: Any USE of property primarily for the rental of vehicles such as automobiles, motorcycles , trucks , trailers, RECREATIONAL VEHICLES , boats, farm machinery construction equipment and other heavy rolling stock ; and whereon such vehicles are stored . VEHICLE SALES ESTABLISHMENT: Any USE of property for the sale of vehicles such as automobiles , motorcycles , trucks , trailers, RECREATIONAL VEHICLES , MOBILE MANUFACTURED HOMES , boats, farm machinery, construction equipment andother heavy rolling stock . �.f 1��6 _�/ � ��J�`�' �/�.�/ . Ir'..!I�"�PY�1L.11 �� R_q 1 � !"'L� f_��"'! � rl 1� J'1 � 1' � Any r 1 � � property (1l 1`1�L1.F�'1 J whereon vehicles f3 k'! 11�'��B.E� such 1�Irfi +ll l'� automobiles, e*rte�1�e Ya `i. i.� r+, r-. V EJ a1r R L ��+ E a e r air r v1a ti E - a .ABLISr rP rt_ a � , " SE of p1 ope1 t� ti[ ehicIes such as automobiles, motorcycles, trucks , trailers, RECREATIONAL VEHICLES , MOBILE 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 . /OLATToN: The failure of a STRUCTURE or other DEVELOPMENT to be fully core obant with this Chapter . VISUAL RUNWAY: A 'RUNWAY intended solely for the operation of aircraft usinc 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 knits of an outside soli of and BUILDING or STRUCTURE which is supoorted by such wall , BUILDING or STRUCTURE , and which displays only one ( 1 ) SIGN surface _ Considered a type of BUILDING SIGN . WATERCOURSE As- rn- - ire ecti =3-14-310 of this Cods, naturmr or artificial channel through which stormwater or FLOOD water can flow , either regularly or infrequently. WATER SKIING: An aquatic recreational activity that is typically associated with a body of water and a motorboat and personal water craft WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum ( N VD) of 1929 , North American Vertical Datum (NA` 0) of 1988 or other datum , where specified . of FLOODS of various mac nitudes and freQuencies in the FLOODPLAINS or riverine areas_ WATERTIGHT: Impermeable to the passage of water and capable of resisting the hydrostatic and hydrodynamic loads and the effects of buoyancy during a BASE FLOOD . WHOLESALE TRADE ESTABLISHMENT. Any BUILDING wherein the primary occupation is the sale of merchandise for resale. WIND GENERATOR: A generator specifically designed to convert the kinetic energy in wind into electric energy . A MIND GENERA TOR may include a generator, tower and associatedcontrol or conversion electronics _ The height of a wind tower is measured at the hub of the generator Chapter 23 - Zoning code updates 316/ 19 DRAFT Page 45 of 246 . t , IVE: . made sa., Ie form (commonly known as a 'Wind turbine" of "winding --.) The wind energy con sion eys _e. except for the tower and tr-ar remission-equipment- exc1ucl4n turbine --for private use. Permitted tn'roUga istriotsT 104 `pe tapp-lica-tfor -is required on1 i turbine or windmill generating 5CV of energy or less , associated with a-farm or ranch operation and less titian seventy (70) -feet in height-is considered a private (- ncommer- at) chine and not submit-to- the USR appheatiani process. WINDOW SIGN: Any SIGN , icture, symbol or combination. therecfy designed to communicate information about an ,activity ,_brusiness, ccrnnnodity . event, sale or service that is dlace+d_ inside a wiindc r 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 Tutle 4 , Article 47 3 , C R . S . 1 where vinous liquors are manufactured ; except a vintner' s restaurant licensed pursuant to Section 12 47 420 4- -422 , . FBI , "Vinous liquors" are defined in C . ftS , Section 44-1:106a. i l d -- ine and -fortified wines that contain not less than one half of one percent (O. 5 % ) r d-not more-than twenty-on-e--percent' --(21 % ) aloon- I by volume and shall be construed tomean an alse l-beverage-obtainec by-th-efer ent-a-tion-offloe-natural--sugar contents of fruits or other -I-t �-r-a-I products con-ta-i -i-n g suga YARD: The area of a LOT, between a LOT 1l-E line and the required SETBACK_ ZONE LOT: A parcel or parcels of land in single ownership with a single USE or multi ble USES within the same STRUCTURE , ARTICLE II Procedures a n d Permits Division 1 - Amendments to Zoning Map Sec . 23 -2-10 . - Amendment procedures . A The flnarrl of County ir''''ir�,ir m ;eci.nnare �n� � u amend the flfiFi,ri l 7rninn I qt r of 1A1i� H county , All requests fnr � IIrh A. 1 1 Ae Board of ti oL.II 1ty ' hoi J 11 '1 1issio1 IeI. a 1 i 4.+.ay ai 1 1 +... i id LI Ie - 9 11Lf'i'nI a_+.di 1i1 ig 1Wimp ! Weld +� u ! uL } , +? for such changes of zone must be reviewed by the Planning Commission , whose recommendation shall be sent to and considered by. the Board of County Commissioners . Such amendments shall be made in compliance with state statutes and with COUNTY procedures and regulations as established herein B. 'In addition to the Board of County Commissioners , only the P- -nning o cn s+ern or the fee owner of a LEGAL LOT or a LOT of 21 least thirty-five (35) acres i Gr cty . er-a---ten with l l-interest in a property ici-t-hie u r- tea--o- 1-T ', may request amendment of the Official Zoning Map of the COUNTY ( a Change of Zone) for said property. C. Any person filing an application for a Change of Zone is required to comply with the appropriate procedures and regulations as stated in this Section ; provided , however , that when the Planning Commission--or Board of County Commissioners desires to undertake a rezoning , to create and apply new zoning districts or to change the definitions of the various zoning districts , the only public notice requirement shall be pubkcation in the newspaper designated by the Board of County Commissioners for publication of legal notices .. a Applications fora Change of Zone shall be completed as set forth in Section 23 -2 -50 below; provided , however, that any zone change initiated by the Planning- Commission -or Board of County Commissioners shah only be required to meet the applicable requirements of Seetion 23 2- o f tine Planning Com ssien and Section 3 - -40 tar the Board-of County Gornmiscioners . The comppeted application- ancl-a Oicat c►n fees shat bye ub-rt" i#te to the Departmem of-Planning ServiGasT Sec. 23-2-20 . - Duties of Department of Planning Services . _ Any person wanting to apply for a Change of Zone shall arrange for a p:reapplication conference with the Department of Planning Services . The Department of Planning Services, shall be responsible for processing all applications for Change of Zone in the unincorporated areas of the COUNTY , The Department shall also have the responsibility of ensuring that all► application submittal requirements are met prior to initiating any official action as listed below. B . Upon determination that the application submittal is complete , the Department of Planning Services shall: t Refer the application to the =oilowing applicable agencies listed in Appendix 23 -G , as determined by the Department of Planning _ _Services, when --applicable , for rev . ew-and-comment . The- agencies named shalt Chapter 23 - Zoning code updates 3/6 /19 DRAFT Page 46 of 246 resnc4nc within twenty-eight (28) days-after the mailing of the• application by the COUNTY_ The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable. response to-the Pinning Commission. The reviews and comments solicited by the County 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 REEERRA.L_ 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 . ate=_ The-panning COMM/SS-ion or-g-e-ve i-n -body--of any town and county-whose bo a no a ri e s are within a three-mile-radius of the parcel under corsicerrtion for a Change moo ne . b. The -pIaflrl-If' -- u' ', o r� r nr�u i r� r -of any city or par-Gel in its M TE. RL -, r -a-or-I c. Departmentof-P-64lie-Imlealth and Environment. d . Department of Public Works to review the engineering as - oposal. e Colorado-Department of Public Heait-�- d--Eviron Tient f, - Colorado Geological Survey . gft--Colorado Historic-Gal Society . erg of Transportation . j.- U S. Army Corps of Engineers, 1 -. L S. Soil- I.. U ,--Forest Service . m . U . S . Bur du of Lard Management . �. =-t-he-pericel under consideration tindividuals whose review--the—ID - Commission or Boa ' oners deems necessary- 2 . Prepare staff comments for use by the Planning Commission addressing all aspects of the application , its conformance with Chapter 22 of this Code and the Comprehensive Plan or MASTER PLAN of affected municipalities , Intergovernmental Agreementsp sound land USE planning practices., comments received from agencies to which the ;proposal was referred and standards contained in this Chapter . 3 . Set a Planning Commission hearing date and a Board of County Commissioners hearing date . The -Board of County Commssionerstablifrhearing may—also be set-*md h -g-i ri -legal notice and—posting , concurrent witFri + - of : 'T P annL ion 23-2-40A, Otherwise, the Board of County Commiss ne s- -nearirr l set-after the Planning 4 . An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not required, but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors . 5 . Arrange for legal notice of l hearingit 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 . . 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 ( 50C ) 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 bearing . Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate) . Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process , even if such error results in the failure of a surrounding property owner to receive such notification .. 7. A sign shall be posted for the applicant on the property under consideration for a rezoning . The sign shall. be posted adjacent to and visible from a - ubl c1y ifted road ri ft-of-way PUBLICSTREET/ROAD' RIGHT-OF -WAY . In the event the property under consideration is not adjacent to a publicly maintained road r -of-way PUBLIC STREET/ROAD RIGHT-OF-WAY, one ( 1 ) sign shall be posted in the most prominent pace on the property and a second sign posted at the point atwhich the driveway ( access drive) Chapter 23 Zoning code updates 3/6/ 19 DRAFT Page 47 of 246 intersects a publicly mainta , ne oad right of way PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign shall be posted at least ten ( 10 ) daysprior to the Planning Commission hearing and evidenced with a photograph . The sign will include the following information . a . Rezoning request number. b. Date , place and time of public hearings., C. Location and phone number of the public office where additional information may be obtained . Ida Applicant' s name. a Size of the parcel of land . f. Type of rezoning request. C _ An electronic version of the Official Weld County Zoning. Map , which includes all of the rezoning approvers made since the last adoption of the map by the Board of County Commissioners , shall be maintained_ The map shall be available for public inspection with the Deipartment of Planning Services and online . D . Submit to the County Clerk and Recorder the rezoning plat as required in Subsection 23-2- 50 D for recording . 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 F anning 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 : That the proposal is consistent with Chapter 22 of this Code; if not, then that the zoning of the property under consideration is faulty , or that changing conditions in the area warrant a Change of Zone, 2 . That the USES which would be a lowed on the subject property by, granting the Change of Zone will be compatible with the surrounding and LICE . 3 . That adequate water and sewer service can be made available to the site to serve the USES permitted within the proposed zone district. 4 . That STREET/ROAD or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district. This will include updating and obtaining any new Access Permits , as required , The Access Permit may require an Improvements Agreement,-which -shall-be- in co . r the EngineeringStandards--ie-Appendix 12-A. In the event that the STREET/ROAD or highway facilities are not properly sized and are planned to be properly sized in the future, in conformance with the Thorougnface 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 Charge of Zone is located within any Overlay Distc-ice OVERLAY ZONING DISTRICT identified by maps officially adopted by the COUNTY, that the applicant has demonstrated compliance with the COUNTY regulations concerning Overlay Districts OVERLAY ZONING DISTRICTS . Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application . b . That the proposed rezoning will not permit the USE of any area known to certain a COMMERCIAL MINERAL DEPOSIT in a manner which would interfere with the present or future extraction of such Chapter 23 - Zoning code updates 3/6119 DRAFT Page 48 of 246 deposit by an extractor EXTRACTOR to any greater extent than under the present zoning of the property. c. If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, that such limitations can be overcome and that the limitations will be addressed by the applicant andfor the applicant' s successors or assigns prior to the DEVELOPMENT of the property_ B . The Secretary of the Planning Commission shall forward the official recommendation of the Planning emission and the information contained in the official record , which includes the Department of Planning Services case file , to the Board of County Commissioners within ten ( 10 ) days after said recommendation has been made. C . If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the pubeieatio.neaf the notice roe t-1 e hearing by the Board of County Commissioners, the ten-day period shall commence upon submission of the items by the applicant to the Department of Planning Services . Sec . 23 -2-40 . a Duties of Board of County Commissioners . A. (Repealed . ) The Board of County Commissioners sha 1 . Set a public hearing , to take place within forty-five-45) days , or upon request of- th ppi ant, for esesideration of the-per sed- ha n g c of Zone.- 2-.-. - Arrange for tegatnotice of said h . : ar-i-ng-to-be published once in the newspaper designated b-y th B --of County-Co.mrr. ioners-for-publication of notices-Ahe discretion of the Board of County Commissioners, a second notice may be pub i-shed in a newspaper which is published -in the area in which the rezertiefl proposed . The failure to pub-f =the-second notice shall-not create- a jurisdictional defect in the hearing process. The d ! .. - - • " oe a l ast-fourteen--( t- days prior to t1 h-earing _ 3. Arrange for the Deoartment ofeialkeeeing Services to post a sign on the-property under consideration for rezoning occorohn -to the requirements of Section 23-2-20 . 875 , 4. Give notice-of the proposed Change of Zone and the •public hearing-date to those -persons listed i tl e apprticatior as owners-of-property located within five hundred ( 500 ) feet-of the parcel underunder-eseeriont Such notification-shall be mailed , first class., not-doss than ten ( 10) days before the sc - - -r Such notice is not required by sta:e statute a d -avided as- a courtesy to -surrounding property-owners +theeo rfa+ inadvertent rr0r5 byapplicant in supply: : -h list of the Board of County Goenen4ssioners in sending such notice shall n-ot create a jurisdiehonal defer; in the hearinc process , even 4-such error results in tl f- i i-a-suirou + - aroperty o rner-fie receive su h .,:netification sti ' a 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, a.nd 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 shah approve the request for the Change of Zone only of it finds that the applicant has met the standards or conditions of Paragraphs 1 through 5 below and Section 23-2-50 , The applicant has the burden of proof to show that the standards and conditions of Paragraphs 1 through 5 below and Section 23-2-50 are met. The applicant shall demonstrate : I . That the proposal is consistent with the policies of Chapter 22 of this Code ; if not, then that the zoning of the property under consideration is faulty , or that changing conditions in the area warrant a: Change of Zone. 2 . That the USES which would be al owed on the subject property by granting the Change of Zone will be compatible with the surrounding land USES _ 3 . That adequate water and sewer service can be made available to serve the site. If the rezoning is approved , the applicant shall demonstrate , prior to issuance of building permits on the site, that the water and sewer services are available at the site and are adequate and appropriate to meet the DEVELOPMENT requirements. 4 . That STREET/ROAD or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district In the event that the STREET/ ROAD or highway facilities are not properly sized and are planned to be properly sized in the future , in conformance with the Thoroughfare Transportation Plan or in conformancewith the MASTER PLAN of affected municipalities , the applicant Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 49 of 246 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 Agree.m.ent will be a condition of obtaining an Access !hermit. pursuant to - e ct+o n-1- - -1 O,_et seq . , and the t-r -pcov-are , _ • .g ce p;, hall- meet the require erg is of Appardix 12 A, 5. That., in those instances where the following characteristics are applicable to the rezoning request, the applicant had demonstrated compliance with the applicable standards: a if the proposed Change of Zone is located within any., Overlay-District OVERLAY ZONING DISTRICT identified by maps officially adopted by the COUNTY, that the applicant has demonstrated compliance with the COUNTY regulations concerndng Overlay Districts OVERLAY ZONING DI TRI TS . 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 extractoc EXTRACTOR TOR to any greater extent than under the present zoning of the property_ c , if soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site , that such !imitations will be addressed py by the applicant and/or the applicants successors or assigns prior to DE 'EL0P'MENT of the property , j 'F _ Y " i Upon the Board of County Commissioners making i its final decision , a resolution setting forth that decision will be drafted and signed . A record of such action and a copy of the resolution will be kept in the files of the Clerk v to the Board . i!, The Board of County Commissioners shall arrange for the County Clerk and Recorder to record the resolution and if the proposed change of Zone its approved , the Department of Planning Services shall record the rezoning plat.. E . ; Repealed . ) The Board of County Commiss on-ews-s ' l a opt-h olution , ovary year, an updated copy of4a4 Official Weld' County onin g H fie .rez s approved since the last update . F . ; Repealed . ) The-Board shall participate in--t e ion of are--Intergovernmental-i. Jr-ban Gro ttr--Broun Agreement with a-fl- +-N- p . Sec . 23 -2 -50 . Application requirements for Change of Zone . A. The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal cornplies with the standards of this Chapter . E . The following information shall be submitted on an application form which may be obtained from the Department of Planning Services : 1 _ Name , address and telephone number of the applicant . Name and address of the fee owners of the property proposed for the Change of Zone if different from 3. Legal description of the property under consideration as determined from a certified boundary survey- the option-of the applioa-rit , - the-certified bound -s • -l' submitted sub ent to the Planning Commission hearing but prior to fi-n-al--approval--of the Board of County Commissioners- if the -Direct-sr-of Ran-ring Sewices approve-s- •rraI I. gal de. Option w �' ', . i s lent y h , 4 . Total acreage of the parcel under consideration . 5 . Address of the parcel , if available - Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 50 of 246 6. Present zone and overlay zone OVERLAY YZONING DDS T ' art if appropriates 7 . Proposed zone. 8 . Signatures of the applicant arid fee owners or their authorized legal agent. 9 . A certified list of the names., addresses and the corresponding Parcel Idenfification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred ( 500) feet of the property subject to the application . The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney , derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty ( 30 ) days of the application submission dater 10. The written certification required by Section 24-65 . 5-103. 3, C . F . S . , if applicable .. Such certification may be submitted on the date of the initial public hearing referred to in Section 24 -65 . 5- 103M Ma C . ,,S . 11 . Such additional information as may be required by the Planning Commission or the Board of County Commissioners in order to determine that the application meets the standards and policies set forth in this Chapter and in Chapter 22 and any other applicab 'e code provision or ordinance in effect . 12 . The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent property taxes for the parcel area . 13 . The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property . Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property . 14 . The applicant shall submit 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 beer made. 15. Certificate of Conveyance dated within thirty (30) days of the application submittal , 16 . _The names and addresses of an : owner, operator, or user iof any irricatron ditch , lateral , or pipeline that traverses the _ rope.rty _ C . IRejpealect Combined with Subsection Di i•nity and land USE map of the area shall be-submitted as pact of the general-application ,. These maps shall be drawn to th-e#ollowing= speci icatio 1 . .-l-approved by the Department of l nnLn e - 2. The dimensions of the land USE map shall be thirty - six ( ) inches wide by t ntyttour (24 ) inches high and-pre- -d at a scale` e4-1 }�Thoh equals en n ed ( 100)-feet C1 " - 11-0-01)-oacatether suitable-Beale when approve - ay-th . ; ,erMace•s . The vicinity mop shall-be drawn m Bale on the land USE map ( 4H 2000' ) . 3 . The folh-ow+ig i r fa rr° ati , • , " . -n: a . Outline of the perimeter of the parcel proposed for the Change of Zone . b _ - " , cfraeate and north arrow- o . Ditches on or within-two-h-u-nd (20 3 feet of the prop-eirty d . Location of rivers and otherdrainage systems on or withintie • o th • H . . a -=-Location of easements, 'r, - + • - Fnterests of record on the parcel and within fifty (SO ) feet of the parcel . f. Location of all- existing Ltil-it- -4ele r-ic t-y; s , water and-sewer) on the parcel , as well as-withi-n<filty ( 50 ) feet of the parch- g- PE I.AL--FLOOD HAZARD AREAS on- the property . Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 51 of 246 Iv Areas of GEOL -� ► � o + erty u b. a o�' �� ■ r i�rr •.� . Minera resource arms on tie Dropory . j . Areas of moderate or severe soil limitation-'as clef- t-ion Spice or by a soil survey and study-prepared by a soils engineer or soil scientist fog- - ands-ssociated STRUCTURES permitted withinthepfaposed zoned eat: k. Other information as may be reasonably-required by-thelae-partmenrt of Planning-Services i-n-or !er to rrr, rie t1;at r ' - set forth in this Clapter and in Chapels 'jRa N 2 . � I r A draft rezoning plat in electronic . pdf) format shall besubmitted as part of the general application , If the , - notbe_requ#re-d-- -unt#1 the certified boundary survey has-been made Trap shall-be drawn to the foil owing-sped&ation. t ( Repealed . The plat sh4-1-be-clellneated in nonfad ng Permanent black ink on i 'lyl-ac c ether product of , , r; e ( -rnini er r greater in-t4i kness . The- plat sh aN-bey° original-signatures atures and seals of each shall be twenty four (24 ) nc s in height by- thirty six-(36 ) inches in width . The mixing of sheet sizes is prohibited , No plat submitted shall contain any 'form &- stick-on type fv . material sec-11 as , but not limited to , " sticky-back? adhesive film or Kroy lettering tape . the The diensic�ns scale of �he map shall be prepared at - scale-Ie-of one ( 1 ) inch equals one hundred ( 100 ) feet ( 1 " = 100 ' ) or at other suitable scale when approved by the Department of Planning Services, The vicinity map shall be drawn at suitable scale on the land USE map ( 11, = 20!00' ) . lir / 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 : 51000) . 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 bearincs shall! ie shown to all points of nan-tancencv. b . Legal description , including total area involved , as certified and signed by the surveyor. The draft plat need not be signed or certified _ a Tits , scale and north arrow . The map shall be titled "Change of Zone Plat lease numberd , The Department of Planning Services shall provide the appropriate number. d . Date of drawing a Current zoning . f. Proposed zoning - q A vicinity map indicatingi the property with respect to adjacent STREETS/ ROADS rivers , and other rr- a . or land features . h . Irriclation ditches on or within two hundred (200 ) feet of the property . is Location of easements , RIGHTS-OF-WAY . and other sirailar interests of record on the arcet and within fifty ; 5C ) feet of the parcel . Location of all exisiting utilities ( electricity , qas, water and sewer on the arcel , as well as within fifty ( 501 feet of the parcel,. k . SPECIAL FLOOD HAZARD AREAS on the proper, I . GEOLOGIC HAZARD RD AREAS on the property. rn . Mineral resource areas on the property, n . Areas of moderate or severe soil limitations as defined by the Natural Resource Conservation Service or by a soil survey and study prepared by a soils engineer or soil scientist for the USES and associated STRUCTURES permitted within the proposed zone distrrict. Chapter 23 Zoning code updates 3/6/ 19 DRAFT Page 52 of 246 o . Other information as may be reasonably required by the Department of Planninc Services m order to determine that the application meets the standards and Policies set forth in this Chapter and in Chapter 22 Pr The following certificates shall appear on the ma a . Surveyor's 'certificate . b . Planning Commission certificate. c . Board of County Commissioners certificateAio . d _ Property owner' s certificate . ( Repealed] Aciecroate space shall be—provided on the rezoning plat—for—the- addition following addition of the - i ormati y the Department-of Planning Service& a . ing case number-.- b _ Current zone c assific n - • , 6 c: Requested zone classifita@oph- * The following supporting documents shall be submitted as part of the general application : 1J Where an authorized agent signs the application for the fee owners , a letter granting power-of attorney-to the-agent fror ;e owners an authorization form provided by the Department of Plarrrn_ q Services signed by Melee owners., 2. A copy of the deed or legal instrument by which the applicant obtained an interest in the property under consideration . 3 _ A statement on how the proposed rezoning is consistent with the policies of Chapter 22 and any other applicable code provision or ordinance in effect, 4 . A statement which demonstrates how the proposed rezoning will correct what the applicant perceives as faulty zoning , or that demonstrates how the proposed rezoning will fit with what the applicant perceives as the changnng conditions in the area 5 . A statement which demonstrates hew the USES allowed by the proposed rezoning will be compatible with the surrounding land USES . 6 , Statements from PUBLIC water WATER and sewer PUBLIC SEWER, utilities which indicate that they are able to provide service ror the site _ if FUBL [ C utilities are not to be used , the applicant shall submit information which documents Me 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_ T An Engineering Geology Report/GeotechnIcal `L,:d h o fort e - # a _Zone w i--a statement of the suitability of-soils to support all USES al-awed _gin the. pro sed zone. If the Engineering ems--ogy Report) cctochnical t-und indicates soils whir - severe limitations-to the construct- en-of-STRUCTURES or facilities on the site , the applicant-shall submit information which demonstrates that the-limitations can be overcome . A soil report of the si; e repared by the Natural • Resource Conservation Service or by a sods en ineer or scientist. In those instances when the soil re ort indicates the existence of moderate or severe soil limitations for the USES ropposed, the applicant shall detail the methods to be employed to mitigate the limitations _ 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 Thoroughfare Transportation Plan and thereby meet the requirements of Section 23-240 BA of this Chapter, This shah 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 IX* Section 12- 5- 10 et seq. T and the Improvements Agreement shall meet the requirements of Appendix 12-A. 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 Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 53 of 246 property , the applicant shah provide a mineral resource statement prepared by a certified professional geologist as defined in_C . R . Q . 23-41 -208(1 M 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 410 DEPOSIT is contained on or under the subject properties. u If the proposed Change of Zone is located within an Overlay Distcict OVERLAY ZONING DISTRICT identified by maps officially adopted by the COUNTY , the applicant shall submit information which either documents how the COUNTY regulations concerning y- Distriet OVERLAY ZONING DISTRICTS have been satisfied or documents how the applicant intends to meet the requirements of the COUNTY ill regulations concerning 0-veld-ay-District OVERLAY ZONING DISTRICTS . tyll. Applications for a Change of Zone located in the Regional Urbanization Area shall adhere to any and all applicable regulations in Chapter 19 and any other applicable County ordinances as amended.. 12 _ ( Repealed = See Section 23-2 -20. 67. ) A sign shall be posted for the alp-p$ioa-n -o-n the property—under Consideration for a rezoning _ Th sig ha --- + p dl--a a -to d vi-si-b'. e tfrouri a-publierly-maintathed c Ta:d right-of- ay. I-F - ;' e I oer- nsideration is not adjacen icly Inta1ned right-of-way , one--( 14 sign shalt beposted-in the most prominent-place on the property and a second cignsoosted at the point at which the drive ! - - , i way . The sign-s " =-{em t t.n r' • ± ,rl + b r idence r-,l W th T photo g rte ph _ The sign wil incuce t n g - : : a . Change of Zone rum-b-er. / b. --Da-tell-time and place of pub14 h a_ r a+; � ; n m oef o, er� dltiol formation may be obtained _ d . Apia n t's name . e . Size of parcel of land . VT) - \L 414 , 1. Type of request . 'hi'ki ) 3 . The application fee_ l' I . . , , , . . z x � r 1-d--County Department of Pla-fining Services Upon aperoval of the paper copies , the applicant shall submit a- IVI4j4ar the plat is 1 on Mylar or other drafting media approved by the Department of Plannine Ser rides , thirty-si .13 )inches wide by twenty-four (24) inches h , along with all other documentation required as Conditions of Approval. The plat shall bear original signatures and seals in permanent black ink. The My - plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services . The plat shall be prepared in accordance with the requirements of Subsections-23-2 50, C and 23-2-50 . D of this Article . The PAylar plat and 'a Thonal requirements shall be recorded within one hundred twenty ( 1 0 ) days from the date of the Board of County Commissioners resolution , or within a date specified by the Board of CountyCommissioners _ The applicant shall be responsible for paying the recording fee . If a plat has not been recorded within one hundred twenty ( 1i 0 ) days of the date of the approval of the Change of Zone (COZ), or within a date specified by tie 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 4 / determines that conditions supporting the original approval of the o cannot be met, the Board may , after a public hearing , revoke the ► . e Nothing in this Division 1 shall be interpreted as prohibiting the submittal of an application fora Site Plan Beviiew 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 recordist of such Site_ Plan Review or use b Special Review_ If the Chance of Zone is not approved , such Site Plan Review or Use by Special Review aolication shall be void . Sec . 3 -2,6O. 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 Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 54 of 246 Commissioners. However. no building permit shall be issued and no USE shall commence on the Property until the plat requireedd. _in section 23 -2 -50. F is recorded Division 2 Amendments to Chapter Text Sec . 23 -2-100 . - Amendments to Chapter. [ NO CHANGE] 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 Chapters the Department of Planning Services shall: A. In making its final recommendation , determine: _ That the existing text is in need of revision as proposed 2 . That the proposed amendment will be consistent with the future goals and needs of the COUNTY as set out in Chapter 22 and any other applicable Code provision or Ordinance in effect. 3 . That the proposed amendment will be consistent with the overall intent of this Chapter. a Draft all text amendments as directed bar, the Board of County Commissioners with the counsel of the County Attorney _ C . Set a Planning Commission hearing date and a Board of Count Commissioners hearing date after the completion of the proposed amendment . D . Arrange for legal notice of said hearings to be published once in the newspaper designated by the Board of County Commissioners for publication of notices _ The date of publication shall be at least ten ( 10) days prior to the hearing _ E . Upon the approval of all proposed text amendments , arrange for the publication of the Zoning Ordinance; such publication shall be Made available as soon as possible after final approval has been given the amendment by the Board of County Commissioners , F. Perform other tasks as assigned by the Planning Commission and the Board of County Commissioners , Sec. 23-2420 . G Duties of Planning Commission . [NO CHANGE ] Sec . 23 -2430 . - Duties of Board of County Commissioners . ( Repealed . 1 The Board eaf-Count = s+o ;s - ha-al= r --Set-a Board of u -ty-'-�7' T't'TiTTT4.1'�'`L7iof'1er p1 6f'1 Ie h8,+'3 ing da 'N'/ 1t1 -ifi forty-five (1-5,-) days . 2 . Arrange, for-legal notice of said hearing to be pub hed once in the-hews-papeptElleisignated-by the Board of County orn s+cers for pub[ic_ation of _ notices. The date of publication sr _al-I be at -least fourteen- -(144 days prior to the hearic B. The Board of County Commissioners shall hold a public hearing to consider the proposed text amendment and take final action . C . En making its final determination , the Board of County Commissioners shall : 1 , Take into consideration the recommendation of the Planning Commission and the intormation contained in the official record , which includes the Department of Planning Services case file . 2. Find that the existing text is in need of revision as proposed , 3. Find that the proposed amendment will be consistent with the future goals and needs of the COUNTY as set out in Chapter 22 , lnterpoverrnrnental Agreement of the affected municipality and any other app icable code provision or ordinance in effect. 4 . Find that the proposed amendment is consistent with the overall intent of this Chapter , Chapter 23 ® Zoning code updates 3/6/ 19 DRAFT Page 55 of 246 5 . At the close of the public hearing , the Board of County Cornmissionera may amend this Chapter. This Chapter shall je amended according to the procedures established in Section 3-14 of the Home Rule Charter. 0 . The Board of County Commissioners s - all arrange for the recording of the ordinance and , if approved , the full text of the amendment. Division 3 - site Plan Review Sec . 23 -2450 . - 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 pr note the health , safety , convenience and general welfare of the present and future residents of the COUNTY . B . A Site Plan Review is required for USES as_ described in Article Ill in the following Zone r se -A-4_ 4or ent atedc: r i alrt , l es+d - - _ ► -+ - fam4lyndw i it plc + scw e€ + ►� its re not =s caster- wne , a!_Cflal Zone-D s i-o - „,afl 4-+ u tal-ZoryeDistriets , and any PUD Districts where a-use the proposed USE would require a site plan review Site Plan Review in an R -3 , R -4, Commercial or Industrial Zone District. C . No land : BUILDING or STRUCTURE shall be USED , changed in use USE or type of occupancy, DEVELOPED , erected , constructed . reconstructed , moved or structurally altered or operated in any zone district that requires a Site Plan Review until a Site Ran Review has been approved and recorded by the Department of Planning Services . D , The Department of Planning Services shall not issue a building permit for any BUILDING or STRUCTURE in a zone district which requires a Site Plan Review until a Site Plan Review has been submitted , approved and recorded by the Department of Planning Services. E . No Site Plan Review shall be required for 1 Normal repairs and maintenance of an existing lattilelinFg BUILDING or structure STRUCTURE . 2 Alterations which do not affect more than twenty-five percent (25% ) of the external dimensions of an existing c BUILDING or structure- TRUCTURE 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 SIGN ., fencing , all e gas pro&c ion r • ities OIL AND GAS FACILITIES lie--tie I 3 ( Industrial-) Zone District . or TEMPORARY STRUCTURES such as , but not limited to , those used USED for the sale of fireworks or the TEMPORARY sale of Christmas trees . F . A BUILDING 4e-date• of Ordinance. o 89_ FF on-June 11 , 1-9-96flits xtrmal dinen ons- -en4arged up to-twenty- percent ( O - n- 1 ,asa a te-rr d it e-r s i e i= ence-,as of June -1 -1 ,_19961 before-a Site Plan Review-she-4 be required; unles sucmenlargemer t -is made to change the use or tyae of occup►aicy i U , .E,. The Board of County Commissioners delegates the authority and responsibility for processing and approving Site Plan Reviews to the Department of Planning Services. The Department of Planning Services shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action . Once an application is deemed complete, the Department of Planning Services shall send the app ication to applicable REFERRAL agencies listed in Appendix , -+ , as determined by the Department of Planning Services, The failure of any agency to respond within twenty-eight R) days may be deemed a favorable response . Ail REFERRAL agency review comments are considered recommendations to the COUNTY . The authority and responsibility for approval and denial of a Site Plan Review application rests with the COUNTY. G . ( Repealed . ) The 6t o P� 1t e icesnmay =wa venthe- sF l --rev eq u ire en t for COMMERCIAL any ! NDL S R A _ U = . n a P' ainec L i ' _ Development ( PUD ) upon determination-that suffiGieat detailed information was submitted and reviewed in the Final-PUD - H . Any person filing an applhication for a Site Plan Review shall comply with the County procedures and reculatjons as set forth herein , Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 56 of 246 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, verlay-DistriArea OVERLAY ZONING DISTRICT or a Seciall Flood Hazard Area SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY . J . Applications for a Site Plan Review shall be completed as set forth in Section 23-2- 160 below. The completed application and application fees shall be submitted to the Department of Planning Services . K. Applications for a Site Plan Review located in a Regional Urbanization Area shall adhere to any and all applicable regulations in Chapter14126 and any other County ordinance in effect. L. The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements as shown in the application , plans and other supporting documents, The Agreement shall be made in conformance with the County policy on collateral for improvements . The Agreement shall be approved by the Board prior to recording the final exhibit or- plat 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 lemonstrate ,, through written and graphic information , how the proposal complies with the standards of this Chapter. he following supporting documents shall be submitted as a part of the application : A. A site -pin-review Site Plan Review application form provided by the Department of Planning Services. i I ,. A copy of a deed or legal instrument identifying the applicant's interest in the property under consideration . ( Repealed . ) A party -watkagreement and legawe-sc-ri-ption for--d-u-ple -eret-riplex USES gar erg-units are held iff separate owneriLrpe i D . repealed _ ) o declaration and-legal-description-for=the- ndo , if applicable E. A detailed description of the proposed USE. wiii F . Evidence that the USE in the zone district shall have an adequate source of potable water and meet the 11)3 0, n requirements of the zone district, Ema\sfir i a/ 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 IA 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 FC A comp- e • information Sheet provided lay :he-Department of Planei - Icec. Th pppI ear t- t e -to _ t a completeo Access Permit and l m , oti r.em nts Agreement, where-applicable, ppriev ' i ! R) . Such Access Permit shall! be in conformance with_-Section 12 540-et cog . I . The number of employees associated with the USE , J , A statement indicating that the proposed USE meets the required SETBACK OFFSET Bulk 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 sign SIGN and - SIGN streetwe STRUCTURE along with the method of construction and attachment to the BUILDING or ground. The position and distance iof 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 appkcant sha l apply for and receive a building permit for all proposed signs l_GN . M . Statements describing that the LANDSCAPE requirements listed below have been met : 1 . The Ic►: LOT shall adhere to the Maximum Lot Coverage LOT COVERAGE requirements of the zone district in which it is located-in, as shown in the Bulk Requirements in this Chapter, or Chapter 26 or 27r if applicable , Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 57 of 246 Land shall not be deemed covered if it is used for growing grass , shrubs, trees , plants or flowers or if it is otherwise ise suitably LANDSCAPED . _ That portion of a LOT in the zone district which abuts a public PUBLIC or private street STREET/ROAD right-of-.wad: RIGHT—OF—WAY shall have a minimum ten-foot wide LANDSCAPE ETB.ACK that is LAND CPAPED , unless the LOT is governed by a mare restrictive LANDSCAPE SETRACK that is LANDSCPAPED P PED contained in ail-evieFI i t a PLANNED UNIT DEVELOPMENT , Chapter 26 of this Code or any other applicable county ordinance . The LANDSCAPE SETBACK that is L N' DSC PAPED, ns measured at a right angle from the existing or planned future r ht-o , -way RIGHT- OF-WAY to anry- BARKING LOT, fencing , storage area or STRUCTURE Sidewalks and driveways may pass through the required LANDSCAPE SETBACK. 3 _ (Repealed . See Section 23 -4- 3a ) Landscapicig-techniques shall be utilized in deci I-e ARl IN- LOTS to aid in bu-fi-n PR KING-LOTS from road. 4 . ( Repealed . See Subsection W. 9) The appiicant shall submit to the Department of Planning- -e -roes-a detailed LAND AP Tan delinea_iit l e- stir p opQs e hrubs nd covers! natural features such as rock outcrop riqs - Iements . The—plan shall show where L: J, CAPE x sts or will be located alonç wit plaiThng and truction details, species name and size . Where existic-g- nt ngs are -to be-retained , the applicant s la4e 4n the plan proposed methocs-- f pc-St-he-plantings- e-panting , d & ring cons sru ion . 5 . The applicant shall submit to the Department of Planning Services a maintenance plan for the proposed LANDSCAPE on the site . to the cite-are proposed (grading , paving , incransed roof Qre3s , etc, ) , then--evade-nce1 nap nd cal 1. tatio e, explain+ how--strrnwater retention facilities are designedto-retain the storm-water runoff--in-excess of the histe -fctw from--the undeveloped site shall be designed for a one hundred -year-storm a retained ned site . The applicant shall provide a n rrn+iuc r r r-tircaiirnin n.r drainage cii ithi ire nrrnrrt me ririfk the etnrrnkAi tc r� dr &noIrica criteria rOn, ikarTionto of Ikic, 1 _t i I ti.i t I Y .r %J I _ I S.r 1 i I i 11 1 I S..I R 7 study Lit d y 11 / 1_4 S.t to 1 L/N.I41 I S.d ti.. Y IP i t 16 A I L.e ,.1 6or 1 C I Y Y Lei 4 Lem I drainage Li 11 1I.d tl a c 1 e 1 1 a I �.r Lr611 '14s 1 1 1 1 1 1 1.0 L/ I this I i s code._ O . A statement explaining that the proposed USE , BUILDING or STRUCTURE meets the Off-Street Parking Requirements listed in Article IV , Division 1l of Chapter or a more restrictive ordinance, Sufficient SCREENED , off-street paved parking areas sharl be provided in all districts. P A statement explaining that the loading /service areas meet the requirements in Article IV , Division 1 of this Chapter or a more restrictive ordinance _ in all districts shall be located , designed and construed in a manner ; n conformance wi_.h # ie s:arks -flow-_ 1, - ==emu.- i t-=space-shatkbc provided in oading/service arcs to accommodate the vehicles being beaded or waded with 6ighboring-=or-opert or rights-of ways. Loading/service areas shall be paved . -ass locates within-the I 1 ( industrial) Zone District and l 2 ( In-dus tat)--Zone-la s c -hare i appropreete use-fegici-hatio-ns n r eith r-Boricn 23 - 3-31D or 23- 3- 320-of-this Chapter. 0 .. A statement explaining dhow the LOT( ) shall will have safe access to an approved fa 41414e PUBLIC or private STREET/ROAD and a traffic narrative describinc the protcted number of vehicle trips ; average per day , maximum per day , peak hour data) to and from the site and: the t rne of vehicles ( passenger, semi -truck , ctc:i . 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 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 explaining acknolwedging that new accesses is PUBLIC RIGHTS-OF-WAY shall be constructed in accordance with this code , and may recuire an access permit. Ong-the minimum standards be ow. Designs exceecing t'i + i r-eq-uired by the Department of Public Wa eepend-i-npg upon the n u beuand type-eff-veht4lesierierated-by the USE p nap o I Q; , r-Sf r�'Pre3ln � nEY .z, tr, nti Ir-n _ Tift£�nn / 1 L \ i'.nr� kno Irtn nirl�'11 :In'+ in r�16e'7r"6^Intnr T-thrall to o tr u c t uI T C I i riC t 1 -G-1 111 111 1 1 U i 1-1 11 f d i 2 I �-FC`t�,li- 2 . Length of drainage st-ru- ce --twenty ( 0) feet minimum . Chapter 23 - Zoning code updates 3/6/ 19 CRAFT Page 55 of 246 3 . Depth of cover over pipe a twelve-E12)-inches . 4 _ Width of access ten- 1 )--to--fi een (15 ) feet for a one 'way-singlet-access , twenty-four-foot minim-urn for two-way traffic; 5 _ Maximum grade of access fifteen pent ( 15% ) . 6 . Flar -- R resident-ia zone district, forty foot min mum in comrerc, al ind str- l-zene districts . 7 . Depth of surfacing—per engineered design and subject-to-ap°pn.val-dy the Department of- Public Works. S . ( Repealed . ) A statement explaining how acceleration/deceleration-lanes , when required by--the Department of P-u-b-f ork or--the Cotraco Department of Tr - ►gin, wi prov - • f , effacient-aGcess to ARTERIAL or COLLECT• '- -T- T -arc in compliance with the engineering- requirements in Appendix 12 T. A statement explaining that the trash cod ection areas or facilities are located , designed and USED in a manner that shall meet the re rr-eme-,�-nt� �e -e-zene--Glistri+ct be SCREENED from PU BLIC RIGHTS-OF-WAY and ADJACENT properties . These areas shall be desicned 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 orMaster-Plant MASTER PLAN of affected municipalities and any Intergovernmental Agreement . Such USE shall adhere to the following operation standards , to the extent that tncy are affected by location , layout and design prior to construction and operation . Once operational , the operation shall conform to the standards listed below : 1 . Noise , USES and STRUCTURES in-the-- E -A! ` r' e-- Districts shall be located , designed and operated in accordance with the noise standards as established in Section 25- 12- 101 , et seq . , ► . R , S . 2 . Air Quality . USES the COMMERGlAL and Industrial Zone Districts shall be located , designed and operated m accordance with the air quality standards established by the Colorado Air Pollution Quality Control Commission . 3 Water Quality. USES 1n--t-k -M 1R-IA d Industrial Zone-Districts-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 IAL and IndustriaLI Zane DiSicts shall not era it 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 O-F---F STREET_ PARKING AREA off-street parking area , outside storage area , outside activity area , sign SIGN or other stfutctitwe STRUCTURE .shall be arranged to deflect light away from any adjoining residential zone and from Coue4i-meads 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 tratic icy 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 net allow the growth of NOXIOUS WEEDS . 8 . tRapealed_. See Subsection 0 above . ) My site and on- site improvements Agreement shall be made-in conformance wt the COUNTY---poll -on collateral for improvements, as--well as in corformahete with SectironA2 5 10 et seq . , and the- Engineering and Construction Standards_ in Appendix 12 s V. ( Repealed . ) Additiona Submittal Requirements for a Livestock Confinement O0 -whir ti (Concentrated An-r-mal ) Lore District: Irk addition1 - pplication fo-r site -plan-review requirements , the following Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 59 of 246 p�' ®` rn-orrr��a -�on st�e �� Sul� rTri,:ec w�t, � : 1,6-Sae Plan Review application for a Livestock Co within-the A-1 (Ciarfeerttrated An -I) Zone district= - ;, nt Plan _ 2 . A Lighting Pta-r 3 . emorstrate that Proposed wastewater impo— undment _ ti ; - r.trol Commission Regulation umber 81 (6 C . C . R . 1002 8Th-(-1-)-setbacks to water-wells ; { 2 ;) separation-from groundwater; -( - ipoundmen- -kners-rn t seepage rate; and ( 4 ) impoundment wastewater s r e capacit - Evidence of such shall be provided to the-Departments of Public Health and E-Rvfrsnmsnt -a-nd-P'1 1-r ring Services . ,. a e i ' rec a -Confined Animal Feeding Operation (CAFO1 with-the-Colorado Department of Public nth-and--Env ' ronn nt Wrir.t_en evicertce of such-shall be provided te-the-Department=ofRublic Health and = nvironmen - 5 ,• - 1 ' - . The rtinIirr� n+ I� II arx� nnefrr�ttm compliance 1Aa fkti Ii rR frw"sI� rrrnfinr, r-r r�rri* Imes,, r+.inir-rc Qj innLarrtontonr s..r . alp 1 i'ae'hA r i b 'y..r A i a i I Ld ti.. i r r L ' l L s L f ss LSn ' Y W 4 f 7 L i'F Tn e " i u i a r %.s r 'r 5... r t '.s fir,.a i to t.i o r r ,:3 'L4 h.J.J■e r i i 1 u t a r y Regulations ns stipulated i + - - - t A housing-p-lan-fo 8. The applicant shall-specify pecify the maxim-um- n-u ber-o•f= -Il AL_UNITS-and-species to be associated-with-the ! is� trr* I f°`' r- ryirici ► � ryt I"'6irr�t r, �i . SITE PLAN REVIEW-MAP Site Plan Review Map . The applicant shall submit the draft map for preliminary a., proval to the Department of Planning Services in electronic . pdf format. The site plan map shall show and comply withh the following requirements . 1 . The size of the map shall be twenty-four ( 24) inches by thirty-six ( 36) inches . 2 . The scale that , be one ( 1 ) inch equals two hundred (200 ) feet or another suitable scale if approved by the Department of PlanningSeri/ices . . Legal description of the parcel , At North arrow.. A fl i Iin�] n Fkc perimeter of thci I flT 9.d . .d' Lid 6iii I, of the of the L- 4.l r . 6 _ A vicinity map at a suitable scale . The map shall locate the site with respect to adjacent roads STREETS/ROADS and other major land features ( 1 = 2OOO ) , 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 reads-STREETS/ROADS and highways abutting the LOT- g _ _an-y-water- -features or irrigation ditches with-i-n-the perimeter of the LOT, Existing and proposed landscaping , including existing and proposed trees , shruibs , ground covers , natural features such as rock outcroppings and other landscaping elements . The plan shale show where landscaping exists or will be located , along with 'planting and construction details, species name and size , Where existirc 'plantings are to be retained , the applicant shall include in the plan proposed methods of protectinc the plantings during construction . 10 . All existing and proposed STRUCTURES and their dimensions . 11 The location , dimensions and design of any existing and proposed ' ri-g- SIGNS on the site . Distances from LOT lines shall be indicated . 12 . All utility easements or rights-of-way for telephone , gas , electric , water and sewer lines . 13. The location and dimensions of vehicular drives , entrances , exits , acceleration and deceleration lanes ; location and dimensions of pedestrians entrances, exits, sidewalks and walkways . 14. General location , arrangement and dimensions of parking spaces , width of aisles , width-o ; dimensions and angle of parking and other similar information _ 15 . Any other information deemed necessary by the Department of Planning Services . Chapter 23 — Zoning code updates 316/ 19 DRAFT Page 60 of 246 16 . The map sial [ be titled "Site Plan Review No . . " The Department of Planninc Servioes shall provide the appropriate number . 17 The map shall bear the following certifications : a . Property owner% 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 roc uirernents for the Zone District as stated in Chapter 23 of the Weld County ode. I understand failure to comply with the de�rel+ meat 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 WITNESS my hand and official seal . eranrr� C aor� expires : Notary Public h - Department of Pra.nninq Services' Administrative Review Certificate : This map is accepted and approved for filing ._ Director of Planning Services The foregoing certificate was acknowledged before me this da of WITNESS my hand and official seal. My commission expires : Notary Public - ( Repealed . ) Site - ae r=--Plat : A Site-Rlar Review Plat shall be prepared-after a Site Plan Review application is approved. Theapplicant-shah-submit three ( 3 ) paper-copies of the plat-for-preliminary approval to the Department of-Planning -Services . Upon ap► r aITof the paper= `qes , the applicant--&all submit- . ; ylarr plat , along-with all-eticier documentation r quired e -conditions of- proval . The-Or--p-:at shall be-recorded i+ office of the o'nt Jerk and Recorder by-the-Department of Planning Services: The Myla-r-plat-and additional ceq-- �i-rem-enfs shad be recorded within--one ;- d- y 120 ) days from the date the administrative -review was & Egged . The applicant shall-be-4- o --rig the recording- fee. If the Site Plan-Review Plat has not been-recorded with-l ;��o h ndr twcnt � r � ,o � �- - - � the adminis.rativo review- was- , or if 4 17 «T TAT-F7'�T �� an appii ito -meet-any of the ditions within one hundred twenty ( 120 ) days -of approval , the application will De fore and -=-tie Weld yof Plan-Wing Services may grant an extension of time, for good cause shown , upon -a-written request by-the appllicant: The plat shal-I_mea t - g4equirements : 1 , The- plat-shall-be delineated-ill nonfading permanent black ink ors - of--equal quality , three ( 3 ) miil4imeiecs-or greater in thickness . The plat--shall-beer original signatures and seals in permanent black ink The i-ze h shall be twenty four-(24)-inches in height by thirty six-(36)-IF ►-f -; �-T mixing of-sheet sizes--is-p-r-o-hi-hit I - _con-ain any-formof stick onarial such � T �f t- tape.-t e S Ike as , but riot -limited to "sticky ba , " � - p� _ _ , scale to Flow-a I necessary Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 62 of 246 V , 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 . 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 . ) Photo 'Mechanical Transfer ( PMT) , if req vireo . CC ( Retpealed , See Subsection_VV. 11 , _A set of sign standards-1P-accordance with Chapter 2 ,Article-1 ', Division 2 , The-location of any sign requiring zoning approval-shall -be - snow; on the Site Plan Review reap . Distances from prooe-rt-y- Ones shall be indicated . DD . ( Repealed . See Subsection a. ) piicant . This Agreement-s-lal4 be in accordance with the County po cy aia documents fore, ltateai 4or improvements _ as wen as in conformance e ti 42-5- 10 et &eq _ . and the Engineeringa - _ - 1 - ds in Ap.pe -12-k FE . The application fee. FE investigation Fee , if applicable , An additional fifty 50 percent of the ermit 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 oaynent of the investigation fee shall not relieve any persons from fully complytinc_ ith the requirements of this Chapter, nor from any other penalties. GG . The names and addresses of any ewner,_operator, or user Qf any irrigation ditch lateral , or pipeline that traverses the property. Sec . 23-2470. - 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 shall be made , within three (3) years from the date of approval , or the app'ro el shall terminate thirty ( 30) days followinc notice to the applicant: The Director of Planning Services may grant an pne-time extension of time upjo 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 Commissepners by written request to the Director of Planning . C . Appepy'al of a Site Plan Review shall terminate when the USE is discontinued fora period of three ( 3 ) consecutive years or a new Site Plan Review is approved , Should the Department of _Planniing Services observe or receive credible evidence of a discontinuance for a period of three (3) consecutive years , the Department shall notify the applicant and property owner by first-class mail .. If the applicant or property owner objects to the termination of the Site Plan Review within thirty ( 30 ) days ofnotice having been sent , the Director of Planning Services may schedule a public hearinn before the Board of County Commissioners for its review and decision and notify the a licantoproperty owner at least ten ( 10) days prior. Sec . 23-2 - 180 . - rescission procedures ['NO CHAN E] pF2 Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 61 of 246 2 REPEALED -REPEALED . 4 The plat shall be tit=led "Site Plan-R vie -I " ! The Department of P-I - -ig- Services -shall provide- the-appropriate number - -- e, plat-shaI include all ".-e it rm r-tprr-titii.r site plan review administrative comments , 6 . The plat shall bear the fo le rng ert a . PropeFty e Fty +aw-r -rs-ee rtff4eate on-this-Site Plan--nevi► -,are designed and will be constructed and operated in accordance- with the a-pplicatate- DEVELOPMENT standards and district requirem ' strict-as -tat --i-n- -ha—Weld Cou-Rty Zoning— —+n -accordance with any conditions imposed-by— Commissioners at the time the prope ras zoned or rezoned . I understand l a- - to-comply-with the-DEVELOPMENT standards and/or any conditions could result lathe- e t_y-i lI a ceR7pliance action against mer Signature -of Property Owner he foregoing-instrument was subscribed-and—sworn to be oefore me this day of WITNESS-my hand and-official -seal :, My commission expires : Notary Public b , Department of Planning Services' Administrative Review Ce i-ficate : This-plat is accepted and-approved for fiii-rng Director of F-Fannin Services T - eg+ n - mi te-- as aoknowledged before me this da-A, -of - - - , by WITNESS r y land anc off c a1 sea . ■ e ■ G. Easement-Certificate -x pie This -certificate-sail-be—use when an se , t e proposed lots of the Site Ran Review . The plat l-1 se id n46..." :turp ise- t th-e easecnecitt I (we) do herebydedicate , for the benefit of the propene =shown or described hereon;-ease-r--me- r-the-purpes skean-er described hereon: Signature— __� na ee a riot eT"f -name Chapter 23 _ Zoning code updates 316/ 19 DRAFT Page 63 of 246 Sec . 23 -, 24 5 ., - Approval and recording of the site plan review map . Upon approval of the draft Site Plan Review map , the applicant shall submit a Site Plan Review ma far recording , along with all other documentation recuired as conditions of approval . The maw shall be delineated in nonfadinc permanent black ink on M lair or other draftin media a; roved b the Department of Plannin . Services . The map shall bear original signatures and seals in permanent black ink . The size of each sheet shall be twenty -four 124 ) inches in height by thirtyrsix ( 36 ) inches Fr 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 o,. approval shall be met and the map recorded within one hundred t► ent ie 12o ) days from the date the administrative review was sIIgn .d , if the Site Plan Review ma has not been recorded within one hundred twenty (120) days from the date the administrative review was signed for 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 ( 1 0 ) days of approval , the applicant may request an extension from the Director of Planniinc Services . The Director of Planning Services may grant a one-time extension of up to one hundred twenty ( 1 0) 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 ley written request to the Director of Planning . If the Board of County Commissioners denies the extension or if the conditions are not met and the map recorded by the date specified by the Board , the Site Plan Review approval shall be voided , and the application denied . Division 4 -- Uses by special Review Sec : 3 -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 diistrFict.. Therefore, Uses by Special Review require additional consideration to ensure that they are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD . The additional consideration or regulation of Uses by Special Review, and the application to a Use by Special Review of Performance, Design and Operations Standards listed both herein and-for o-p-phca 1e-U-SE from any zone-district, are designed to protect and promote the health , safety , convenience and general welfare of the present and future residents of the COUNTY. 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 PUBLIC AGENCIES the-following pondions . Any &VELD 2 ENT or USE wh -requires a Specia Review Permit and w-hi h--is--initiated-by a g r r-- r + solo t .dial district or-authority- created-under the-provisiorfs-efethe-laws o t to -may public whether pubiicy rivately owned , which shall require review and approval by the Planning Commission only as set forth in Division 5 below of this Article Ii _ C . Any person filing an application for a Special Review Permit shall comply with the COUNTY procedures and regulations as set forth herein . Any- expansion or enlargement of a Use by Special Review s treate€1aa new-USE E and shall require a -new-application under the provisions of this Divisie w D , ordinary repairs and maintenance may be performed upon STRUCTURES associated with a Use by Special Review so long as such repairs and maintenance do not have the effect of expanding or enlarging the USE. E. Applications for Special Review Permits shall be completed as set forth in Section 23-2-260. The complete application and application fees shall be submitted to the Department of Planning Services . F . The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements , as shown in the application , plans and other supporting documents . The agreement :shai be made in conformance with the County policy on collateral for improvements . The agreement shall be approved by the Board prior to recording the final exhibit or plat map , if applicable . Approval of the Improvements Agreement will be a condition of obtaining an Access Permit . pursuant= to_ won 12 -5-10 et seq . , and the tm-ants Agreement snalLr-, et the req-Seeents- of-Append 12-A. G . Paations for Special Review Permits shall be accepted only for proposed USES on LEGAL L LOT( S ) . An application for a Special Review Permit shall include the entire LEGAL LOT ( S ) upon which the Special Review Permit will be located . Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 54 of 246 H , The applicant shall submit three (3) pacer copies of the plat the draft map for preliminary approval to the Department of Planning Services in electronic ( . df) format, Upon approval of-the- paper cop4es , the applicant ,shall submit a-Mylar plat the map on Myler or other drafting media approved by the Department of Planning ervtes, along with all other documentation required as Conditions of Approval . The Myiar-tat rr ap shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services , The plat map shall be prepared in accordance with the requirements of Subsection 23-2-260. D of this Article . The yiar plat map an additional requirements shall be recorded within one hundred twenty ( 1 0) days from the date of the Board of County Commissioners Resolution , The applicant shall be responsible for paying the recording fee . If a Use by Special Review ( USR) plat map has not been recorded within one hundred twenty ( 120) days from the date of the Board of County Commissioners Resolutiion f 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 ) plat ma. . The Board of County Commissioners may extend the date for recording the plat map . If the Board determines that conditions supporting the original approval of the Use by Special Review ( USR ) plat cannot be met, the Board may , after a public hearing , revoke the Use by Special Review ( USR ) . 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 Servicess A The Department of Planning Services shall be responsible for processing all applications for Special Re\new Permits in the unincorporated areas of the COUNTY . The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. B . Upon determination that the application submittal is complete , the Department of Planning Services shall : 1 . Refer the application to the following applicable agencies listed in Appendix 3-G , as determined b the Department of Planning Services , when-ap► piicable , for review and comment T a-ffoncies n amT eh U SJ 'L� Y . a i.• F • respond-within twenty-eight: (28 ) days after the- railing of the application by the COUNPA The failure of any agency to respond within twenty-eight ( 28 ) days may be deemed to be a favorable response to the planning-- om sio , 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 REFER AL agency are recommendations to the COUNTY . The authority for making the decision to approve or deny the request for Change of Zone rests with the Board of County Commissioners. a . Tee planning cornrnissi erning body -of-any town a county whose boundaries -areeiehin a three mile radius of-the parcel under eonsideratio-n- r a lilse by Special Review Permit b . Tl- sion or governing body of any city or town that has included the parcel WIits MASTER PLANNING area- Inter ove -- €_ th and Environment. d . Cho p a-r-tm -f-Public Works to- review the a ,.., ineering asp . fe o u n :y E to n s i on -offices f. -- Colorado-De + rrne u i qtr Environmen- . g ---0 o-1 o h . Colorado Historical Society : Colorado-Department�Y�l�a-rti as r� � _� olorado-De refrtrn of-Transportation a j . Co cr do i-si of MI dl-ifs, k . __ dY ��Lt� Ctlr�eM'S r r� � �I�� f ee,� , met-=Resources . I .. Colorado StateOil and Gas Conservation-Commission , m . Colorado " at— n . U . S . Army Corps of Engineers. a WS . Soil-Conservation-Service. p i r ►ret - ric+e -t.J . . Bureau of Land Management, r. Federal Aviation Administration . s. —Federal Comrnun cations Commissioe t. Th-e -appropriate fire distrioe- Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 65 of 246 u . Any it g -ditch n . ►r it-ities on - or-adia.centte-theaparcel--- under r consideration : r v . Any -other agencies orindivEduaI wI B T +, n l l R 4f tying Se Yic"es, Planning emir ion or Boacd, of County mrniss{ane- rs-d-eems-necessa 2 . Prepare sta. comments for use by the Planning Commission addressing all aspects of the application , its conformance with Chapter 2 of this Code and any other applicable code provision or ordinance in effect; adopted master- plans 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 bearing date and a Board of County Commissioners hearing date. The Bo-a-rd of Coue ' • - • • a - • . ry = . • dposti a;encurre-nt wit-h- setting of tho Panning Commiosior hearing cate anc . r acco ' a ice wt : i Seclion 23 2 23C A . Otherwise . -the-Beard-of Cr - ' be sot after the Planning Commission hearing: 4 . An applicant may conduct a Neighborhood Meeting with area landowners . Such meeting is not required , but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors. 5. Give notice of the 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 . Such notification shall be mailed , first-class , not less than ten ( 10) days before the scheduled Planning Commissior 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' visib e from a publicly maintained road—right-of-way PUBLIC STREET/ROAD RIGHT-OF-WAY , In the event the property under consideration is not adjacent to a bliely_maintained tad-right of way PUBLIC TREET OAD 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 pp-blioily-maintained- road-right--ofrw PUBLIC STREET/ ROAD RIGHT- OF-WAY . The sign shall be posted at least ten ( 10 ) days prior to the Planning Commission hearing and evidenced with a photograph . The sign will include the following information : a Special Revie • Permit number. b . Date, place and time of Public Hearings , c . Location and phone number of the public -office where additional information may be obtained . d . Applicant's name. e , Size of parcel of land . f. Type of request. 7 . Arrange for egal notice of said hearings to be published in the newspaper designated by the Board of County Commissioners for publication of notices . At the discretion of the Board of County Commissioners, a second notice may be publishes 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 blearing process . The date of publication shall be at least ten ( 10) days prior to the hearing . Sec . .23 -2-220. - Duties of Planning Commission . A. The Planning Commission shall hold a hearing to consider the application for the Special Review Permit. The public hearing may involve either the Special Review Permit application alone or may include the review of concurrent applications under the COUNT ' s provisions for Overlay Districts Regulations in Article V and Floodplair Regulations in Article l of this Chapter. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested •Special Review !Permit: The Planning Commission shall approve recommend approval of the request for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection A and Sections 23- 2-240 and' 23 - Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 66 of 246 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 3-2-24D and 23 -2 -250 are met .. The applicant shall deemonstrate : 1 . That the proposal is consistent with Chapter 22 of this Code and any other applicable code provision or ordinance in effect . . That. the proposal is consistent with the intent of the district in which the USE is located . 3 , That the USES which would be permitted will be compatible with the existing surrounding land USES . 4, That the USES which would be permitted will be compatible with future development DEVELOPMENT of the surrounding area as permitted by the existing zoning and with the future d-evelopment .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 the an Over ay -District Areas OVERLAY ZONING DISTRICT or a 6pecia1=-E 4—Hazard Area SPECIAL FLOOD HAZARD D 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 location .l decision for the proposed USE 7 , That there is -adequate provision for the protection of the health , safety and welfare of the inhabitants of the NEIGHBORHOOD HOOD and the COUNTY, B . The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record , which includes the Department of Planning Services case filer to the Clerk to the Board within ten ( 10 ) days after said recommendation has been made . C . if the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the p l tia-r -the notice for tl e--hearing by the Board of County Commissioners, the ten-day period shall commence upon submission of the items by the applicant to the Department of Planning Services . Sec . 23 -2-230 . - Duties of Board of County Commissioners . A. ( Repealed . ) Tne-Board of County Commissioners sM-alt: 1 . Set - , to -ae�,ot nn o re than-f w d ti a ord of-Goa-Commissioners o►n� rr� Iss� ►r� ers p+� i + -hearing , take place F �,�� after receipt of thy, [ lann ng Co mi .commendation , or unon--request-ef4he apps icantn for consiceratio►n: of the proposed Special Review Permit. Arrange-fo legal notice of s +d-h +ng to be published once in tie newspaper designated by -the Beard of County Commissioners, fo -p i -t-ion- notices. At tie discretion of the-Board of- o-ucity Commissioners , a second-noti may be published in a ittewspapar - high is pu-bbliished-in the area-=in -wh-ich the Use -b Special Review is p posed The failure to publish_the -se-cond notice shall-not create a-jurisdictional defect process-:-The date of pubticatior shall-be-at I - - st ten ( 1-0) days prior -to - the hearing , Give rrr t rr� - ti n for a- pecia Use Permit and the public hearing date to those pocso s isted it he application as owners of property loca -under considerat .on . Such notification shall ofi mailed. fp s , not less than ten ( 10) day-s-bettore the scheduled p bli hearin , . otioo is i e l by state statute-and-is provided- as a c _ • ding property owners ( the surface estate ) . Inadvertent-err supplying such list Gr-the Board of-C- _ . ners in-sending such-notice-4h311 • t .. i i nal defect- in the hearing process , even if such error results in the failure of a surrounding property owner to-receive such notification . 4 _ Mange-for the Department of Planning Services to ost-a sign o►n--th-e property— Special Review Permit accord. -the-requirets- e-ction 23 2 210 ,B .-4-of this Article. B . The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon . In making a decision on the proposed Use by Special Review, the Board of County. Commissioners shall consider the recommendation of the Planning Commission , and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Special Review Permit only if it finds that the applicant has met the standards or !conditions of this Subsection B and Sections 23-2-240 and 23 -2-250 of this Division . The applicant has the burden of proof to show that the standards and conditions of this ubsection B and Sections 234-240 and 23-2-250 of this Division are met . The applicant shall demonstrate: Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 67 of 246 1 , That the proposal is consistent with in Chapter 22 and any other applicable code provisions or ordinances in effect. 2 . That the proposal is consistent with the *intent of the district in which the USE is located , 3. That the USES which would be permitted will be compatible with the existing surrounding land USES . 4 . That the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with, future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provisions or ordinances in effect, or the adopted MASTER PLANS of affected municipalities . 5 . That the appilicatior cornplies with Articles V and XI of thEs Chapter if the proposal is located within any Overlay District Areas OVERLAY ZONING DISTRICT or a Specie Hood Hazard-Area SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the County . 6 . That if the USE is proposed to be located in the A (Agricultural ) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the proposed wee USE _ 7 , That there is adequate provision for the protection of the health , safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY _ C . Where reasonable methods or techniques are available to mitigate any negative impacts which could be generated by the proposed USE upon the surrounding area , the Board of County Commissioners may condition the decision to approve the Special Review Permit upon implementation of such methods or techniques and may require sufficient performance guarantees to be posted with the COUNTY to guarantee such implementation . o . Upon the Board of County Commissioners making its final decision , a resolution setting forth that decision will be drafted and signed A record of such action and a copy of the resolution will be kept in the files of the Clerk to the B oa rd . E . If the specials Review Permit is approved , the Board of County Commissioners shall arrange for the Department of Planning Services to record the Special Review Permit Plan map with the County Clerk and Recorder. Sec . 23-2-240. - Design standards . A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the appication and shall continue to meet these standards if approved for DEVELOPMENT. 1 . Adequate water service in terms of quality, quantity and dependability is available to the site to serve the USES permitted . 2_ Adequate sewer service is available to the site to serve the USES permitted 3 . If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site , the applicant has demonstrated how much such limitations can and will be mitigated . 4 . Adequate fire protection measures are available on the site for the STRUCTURES and facilities permitted . 5 . USES shall comply with the storrnwater drainage criteria requirements_ set forth in this code., -lowing storm ate managcrnent standards: a Stoc be provided on site w h-ac esigRed4o=retai tbe stor water runoff from-the fully developed site from amine--h-u dced ye st rr-ier as otherwise required by the Deprtneent--o-f- lhc-Warless-4e the oa se of E TOOK-CONFINEMENT OPERATION (L . C . 0 . )7 O _ )r wastewater collection , conveyance -and retention facilities shall be designed and constructed in accord n — th the o r imal Feeding Operation Contra Re - -C 002- 1 -.. b. The drainage facilht the retained water at a quantity and rate net to exceed the quantity-a-nd-rate of a tine-year s-torn fain - ort the- UNDEVELOPED EL PEC site. 6 . All parking and vehicle storage shall be provided on the site . ; parking shall r etabe , permitted w+thi any public right-of-way:ran adequate parking area sr: afl be providec to meet the parking- need of-scIoyees; Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 68 of 246 company vehicles . visitors Parking and loading areas shall be designed and constructed in accordance with Division 1_ of Article IV of this Chapter 7 .. The USE shall comply with all the SETBACK an4CFFSET Bulk Standards requirements of the zone district_ . The access shall be located and designed to be safe; ingress and egress shale not present a safety hazard to the traveling public or to the vehicle accessing the property . For USES generating high traffic volumes and large number of large , slow-accelerating vehicles , acceleration and deceleration lanes may be required to mitigate a potential traffic hazard . . New accesses to pu-alic rights -of-ways PUBLIC RIGHTS-OF -WAY shall be constructed in accordance with this Codausing the-following as minimum standards : a Size of drainage structure - Melve ( 12)- inches in diameter-7 b. Lien ,e stru ct r - - twenty (20 ) feet; c. +, v --twelve ( 12) inches . ci . Width of -access fifteen ( 15) feet: a Va imum wade of accts fifteen percent ( 15 % ) Flare radius Venty ( 20 ) feet gi . Depth of surfacing ::our ( 4 ) inchesT Standards exceeding these-minimums may be required dcpen-ding on tie type-and genera ed=by the type-of USE proposed . 10 . Buffering or SCREENING of the proposed USE from ADJACENT properties may be required in order to make the determination that the proposed USE is compatible with the surrounding ostas USE . Buffering or SCREENING may be accomplished through a combination of berming , landscaping and fencing . 11 . Uses by Special Review in the A (Agricultural) Zone District shah be located on the least prime soils on the property in question unless the applicant can demonstrate why such a location would be impractical or infeastle , 12 , The placement of signs SIGNS on the site shall comply" with the requirements of Article IV .. Division 2 and Appendixes 23-C , 23-D , and 23-E of this Chapter, unless a waiver therefrom is requested in the application and granted by the Board of county commissioners as part of the Use by Special Review Permit. Offsite ss SIGNS shall not be permitted through the USR permit process. 13 . A statement explaining that the trash collection areas or facilities shall be SCREENED from PUBLIC RIGHTS-OF-WAY and ADJACENT properties . These areas shall be des cued and USED in a manner that will Drevent wind- or animal-scattered trash . E . ( Repealed . See Division 5 of this Article . ) rf t e c+ I review Permit icr a-MAJO-, -FA ' LITY OF A PUBLIC UTILITY OR PUBLIC AGENCY is approved , the Planning Commission shall arrange for the Departnrient of Planning Services- to -m ate--E Mies-! tili • or olac-ed_Route Mao with the Cob nty Clerk and Recorder Sec . 23-2-250 . - Operation standards . An applicant for a Special Review Permit shall demonstrate conformance with the following operation standards in the Special Review Permit application to the extent that the standards affect location , layout and design of the Use by Special Review prior to construction and operation , once operational , the operation of the USES permitted shall conform to these standards . A . The operation of the USES shall comply with the noise standards enumerated in Section 25- 12- 101 , et se-q . , C . R . S . �r' t`Aintin n of the I S F'S shAl l :n m e ly with tha air r q n l ity Dreg i Intion promulgated by the Colorado ado Air .-.R . . e • 3 P� � e � �n7. r f !I' P •.n . i! s all iP'Yr '1 I �. l ■ it • 4.� � V air quality N YI� �.f !ado�� s p o� � T,lgat d b L1 'e Colo ©do Quality Control' Commission., 1 G� C . The operation of the USES shall cornply with the water quality regulations promulgated by the Colorado Water Quality control Commission , D . The USES shall comply with the following lighting standards : Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page of 246 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 propertues where suchwould 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 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 degrees ( 5Q ) 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 ( 1 2 ) inches . In no event shall the property owner .allow the growth of NOXIOUS WEEDS . G . Any off-site and on-site Improvements Agreement shall be made in conformance with the County policy on collateral for improvemenisr as -well - as-in- confor -a-+ -ce with S . H _ , nd the Engineering and-Const ton Standards in Append-ix 12-A. 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 . A statement which explains that the proposal is consistent with Chapter 22 of this Code and any other applicable code provision or ordinance in effect. 2 . A statement which explains that the proposal is consistent with the intent of the district in which the USE is located . 3 . A statement which explains that the USES which would be permitted wt be compatible with the existing surrounding land USES. 4. A statement which explains that the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provision or ordinances in effect, or the adopted MASTER PLANS of affected municipalities.. 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 DistriGt Area OVERLAY ZONING DISTRICT or .a pe ial-Flo Hazard Ar a SPECIAL FLOOD H ZARD AREA identified by maps officially adopted by the COUNTY . 6 . A statement which explains that if the USE is proposed to be located in the A ( Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve prune agricultural land in the locational decision for the proposed USE , 7 . A statement which explains that there is adequate provision for the protection of the health , safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. S . The ao3licant shall provide a narrative or vr°eliminary drainace study in accordance with the stormwater drainage criteria requirements of this_ code. 9. A narrative explaining how the LOT( ) will have safe access to an approved PUBLIC_or rivate STREET/ROAD and a traffic narrative describir c the projected number of vehicle trips (average per day , maximum per dal , peak hour data ) to and from the site and the ty3e of vehicles itpass+en,i e.r,_semi -truck , eta ) ._ The design designation of a STREET/ROAD or highway as to tyre shall be in conformance with that shown on the Transportation Plan and /or the MASTER PLAN of the a ected municipality . A traffic impact study mad be recuired . Improvements to ad acent STREETS/ROADS may be necessary to provide adecuate safe and_ efficient transportation to and from the site . An Improvements Agreement may be required , El, The following general information shall be submitted : 1 . Name, address and telephone number of the applicants . Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 70 of 246 2. Name and address of the fee owners of the property proposed for the Use by Special Review if different from above . 3. Legal description of the property under consideration . 4. Total acreage of the parcel under consideration . 5 . Existing land USE of the parcel under consideration . 6 . Existing land USES of all properties ADJACENT to said parcel 7 . Present zone and overlay zones OVERLAY ZONING elSTRICTS , if appropriate . 8 , Signatures of the applicant and fee owners or their authorized legal agent . 9 . A certified list of the names, addresses and the corresponding Parcel identification Numbers assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application _ The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney derived from such records , or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty < 30 ) days of the application submission date . 10 . The written certification required by Section 24 -65 . 5103 , 3i CRS. , if applicable . Such certification may be submitted on the date of the initial public hearing referred to in Section 24-65. 5-103( 1 ) , C . R .S. 11 . The applicant shall provide the Department of Planning Services with a certificate from the. County Treasurer showing no delinquent property taxes for the palace area . 12 , ( Repealed , Proposed LA { DSCAPE ,an-s- 13 The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property . Such agreement shall stipulate that the oil and gas activities. l'5..1°I the 11. subject 16"'. 1 .�'5. w"LT property G'L .S. 1�L I have .+S � F.d'L been soh. adequately �+ r+. . . ..-.. fr.ra. �• • • wr ......r w w �.. w ra.{..w a� into � the �• �. - � � the site: _ .�. /'�\ �_ ■ 1 � dl on the subject pr opei ty� � a e been adequately incorporated into the desf n 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 . 'l4 . The applicant shall submit signed copy of the notice of inquiry form demonstrating that the IGA municipality does not wish to annex if required by the [ GA. 15 . A proposed plan for installation of desired signs SIGNS following the standards set forth in Chapter 23, Article IV, Division 2 . 16. A Certificate of Conveyances form provided by the Department of Planning Services and completed by a Title Insurance or AbstractCompany_ 17 , The names and addresses of am/ owner, operator, or user of any irrigation ditch , lateral , or -) bieline that traverses the Droperty . C . A detailed description of the proposed operation and USE shall be supplied. Details for the following items , when appllicable , are required : l . Type of USE for which the application is being made , 2. Proximity of the proposed USE to residential STRUCTURES . 3 , The number of shifts to be worked and the maximum number of employees, 4. The maximum number of users , patrons, members , buyers or other visitors that the use by special review facility is designed to accommodate at any one ( 1 ) time . 5 . Types and maximum numbers of animals to be concentrated on the site at any one ( 1 ) time. 6 . Types and numbers of operating and processing equipment to be utilized . 7 . Type, number and USES of the proposed STRUCTURES to be erected . 8 . (Repealed . ) Type, size , weightweLight-anciefrequency of vehicular -traffic and access roes that will be utilized . 9 . Domestic sewage facilities, Chapter 23 — Zoning code updates 3/6119 DRAFT Page 71 of 246 10. Size of stockpile, storage or waste areas to be utilized . 11 . Method and time schedule of removal or disposal of debris , .JUNK and other wastes associated with the proposed USE. 12. A time table showing the periods of time required for the construction of the operation . 13 .. Proposed LANDSCAPE plans _ 14 . Reclamation procedures to be employed as stages of the operation are phased out. or upon cessation of the Use by Special Review activity . 15 . A statement delineating the need for the proposed USE . 16 . A description of the proposed fire protection measures . 17 . Such additional information as may be required by the Department of Planning Services ,. the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter and thepolicies of Chapter 22 of this Code . D . Special Review Permit Plan Map . 1 . The map shall be delineated on Mvlar or other dra.#tinq media acibte material approved by the Department of Planning Services. 2.. The dimensions of the map shall be thirty-six ( 36 ) inches wide by twenty -four ( 24) inches high . 3. The Special Review Permit Plan Map shall include certificates for the property owner' s signature, the Planning Commission , the Board of County Commissioners and the Clerk to the Board . The required content of the certificates is available from the Department of Planning Services . 4. Vicinity Map . A vicinity map shalt be drawn on the Use by Special Review Permit Plan Map . at. The scale of the vicinity map shall be one ( 1 ) inch equals two thousand (2 , 000 ) feet or at another suitable scale if approved by the Department of Planning Services. b. The vicinity map shall delineate all of the required information within a one- half ( %) mile radius of the property proposed for the Use by Special Review. c. The following information shall be shown or the vicinity map : 1 ) Secticn , township and range . 2 ) Scale and north arrow. 3 ) Outline of the perimeter of the parcel proposed for the Use by Special Review. 4 ) The general iclassifications and distribution of soils over the parcel under consideration . Soil classification names and agricultural capability classifications must shall be noted in the legend . 5 ) Locations arid names of all coeds 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 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 t 1 ) inch fV) equals one hundred 0100) feet (-1-04) or at another suitable scale if approved by the Department of Planning Services:. b. The ptt plan shall outline the. Boundaries boundaries of the parcel LOT( S) being considered for the Use by Special Review . a The plot plan shall include the location and identification of all of the following items which east within a two- hundred-foot radius of the boundaries of the Use by Special Review area LOT(S), as well as within the Arco LOT(S ) itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 72 of 246 1 ) All public rights of way PUBLIC RIGHTS -OF -WAY of record ( including names).. 2 All existing and proposed STRUCTURES . 3) All utility easements or rights-of-way for telephone , gas , electric, water and sewer lines _ 4) irrigation ditches . 5) Adjacent property lines and respective owners" names ( may be shown on vicinity map instead ) 6 ) All hydr ographic features including streams , rivers , ponds and reservoirs ( including names ) . 7) Topography at ten -foot contour intervals or at intervals as determined necessary by the Department of Planning Services, 8 ) Location of areas of moderate or severe soil limitations as defined by the Natural Resources conservation Service or by a soil survey and study prepared by a soils engineer or scientist. for the USES and associated STRUCTURES proposed for the parcel. 9 ) Location and design of storm water management devices or STRUCTURES . 1 D ) Complete traffic circulation and parking plan showing locations and sizes. 11 ) Location , amount, size and type of any proposed LANDSCAPE material , including fencing , walls, berms or other SCREENING . 12') Location of any flood hazard SPECIAL FLOOD HAZARD AREA, GEOLOGIC HAZARD AREA, or ni nera'l resource areas , 13) The location of any si-g-n SICINI requiring zoning approval . Distances from property lines shall be indicated . 14) Such additional information as may be reasonably required by the Department of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this chapter, the policies of Chapter 22 of this Code and any other applicable code provision or ordinance in effect. E . Supporting Documents. The following supporting documents shall be submitted as part of the application . 1 _ Where an-auth r+ a al agent i n-s-t-he a-pF i �- + � � � t e fee owners, a letter gr #ing power of aqorney to the agent he n.aar er- must be provided . 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 sicnatory has the legal authority to sign for the corporation shall be included' . 2. Proof that a water supply will be available which is adequate in terms of quantity , quality and dependability (e., . , a well permit or letter from a water district) . . Copy of the deed or legal instrument by which the applicant obtained an interest in the property under consideration .. 4 . A noise report , unless waived by the Department of Planning Services , documenting the methods to be utilized to meet the applicable noise standard . 5 . A soil report of the site prepared by the Natural Resource Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicates the existence of moderate OF severe soil limitations for the USES proposed , the applicant shall detail the methods to be employed to mitigate the limitations . 64 (RepaIed . ) . - � r-�+� � �.��,�-v, �ripl1 le , an raprovem nts A r en4-executed by the appticar s .agreeniert shall be 41—accordance with—the County policy and documents for colt as well as in r - i ection 12-5- 1-0-et seq . , and the Engineering -and Construction Stoindard-s- ig-Appendix 7 . Fora RESIDENTIAL THERAPEUTIC CENTER , submittal of a report demonstrating the need for the facility ; data about the background , experience and financial capacity of the proposed operator; applicable licenses; and analysis of the impact of the facility to the area and any other information relevant to evaluating the compatibility of the proposed facility . The County may waive or modify these requirements , particularly if there is a risk of harm to the future occupants (e . g . , in the case of a domestic violence shelter) . F . Photo-Mechanical Transfer ( PNIT)r- --required . ( Repealed- , The ap 1^ ation fee . H . Investigation Fee : if applicable . An additional fifty (50 ) percent of the permit be 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 Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 73 of 246 payment of the _inv+estig tion fee shall Rot relieve any_ _persons from_fully complyiin with the recuirements o- , this Chapter, nor from any other penalties . Seto 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 Get COUNTY . The DEVELOPMENT STANDARDS shall be placed on the Special Review Permit clan Map prior to recording . Noncompliance with any of the approved DEVELOPMENT STANDARDS may be reason forrevocation 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 develop ent-stand-af-ds DEVELOPMENT ENT STANDARDS _ Sec . 23 -2 -280 . - Changes to a Special Review Permit. A. Any approved Special Review Permit shall be limited to the items shown on the Special Review plan map and governed by the DEVELOPMENT STANDARDS . Major changes from the approved Special Review Plan Map or DEVELOPMENT STANDARDS for the Special Review Permit shall require the review of an amendment to the permit by the Planning Commission and approval by the Board of County Commissioners before such changes from the plan map or DEVELOPMENT STANDARDS are permitted . The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed with the Department of Planning Services with the approved Special Review Permit . B . Any decrease in the land mass 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 , The subject property under consideration for a partial vacation of the Use by Special Review has received permission to release the property from the permit from applicable County and State agencies . An example would be the release of a portion of a gravel mining operation from the Colorado Division of Mining Reclamation and Safety at the completion of the reclamation activities on the subject property . Evidence of such release shall be provided to the Department of Planning Services with the request to vacate such portion of the property. 2. The partial vacation process defined herein does rot create separate parcels, 3. To obtain a partial vacation of the Use by Special Review permit, the applicant shall: a . Submit a letter to the Department of Planning Services requesting the partial vacation . b . Submit a revised Use by Special Review plat map to the Department of Planning Services illustrating the vacated portion of the property and the existing permit. The revised friat map shall include a note stating that the partial vacationdoes not create separate parcels . 4 . Upon determination of compliance with the original Use by Special Review permit and ail applicable applications, this Chapter and Chapter 29 of this Code, by the Department of Planning Services , the applicant shall be granted a partial vacation of the use by Special Review permit. 5 _ Once approved , the applicant must shall submit a plat map conforming to Subsection 23-2-260 . D of this Code . This pant imp shall illustrate the vacated portions of the property /operation . The plat map shall contain two ( 2 ) vicinity maps. The first shall illustrate the use boundary prior to the partial vacation . The second shall illustrate the use boundary after the partial vacation _ C . The aop licant she I submit the draft map for preliminary approval to the Department of Planning Services in electronic _ odf) format.. Upon appproval of the draft maps , the applicant shall submit a final map for recording , along with all other documentation required as condition proval _ The mac) shall be delineated in non fading :er-manent black ink on IViyllar or other drafting media approved by_ the Department of Planning Services .. The map shall bear original sicnatdres 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_reaDonsible 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 recorder within ore hundred twenty 1 20) 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, Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 74 of 246 the applicant may recuest an extensicn from the Director of Planning_ Services _ The Director of Plann inc Services may grant a one -tine extension of up to one hundred twenty : 120 )) days , for good cause shown , upon a written recuest by the applicant. Before this extension has expired . the applicant may seek a further extension from the Board of County Commissioners by written recuest 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 seeprfied by the Board , the approval shall be voided , and the application denied .Sec . 234-285 . - Minor amendments . A. Minor amendments to any approved Use by Special Review and Site Specific—Development Plan SITE SPECIFIC D_EVELOPMENT 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 DEVELOPMENT application , as amended , continues to comply with these standards and regulations , at least to the extent of its original compliance. The Planning Services Director's approval must shall be in writing and contain _findings of flea � � rr � � �:�rs fact. The deers o F re e - Director may be appealed tote-Boar ' Article-VI of this Cha ter_ B . ications wi W --have finding of fact—prepare - ire-- a preapp ication rn :- t fi ton tom-;neighbors within five hundred( 5O0 tie grope be-railed . The fee for a minor amendnne � T e e . as amended - Once the application that is subject of this section is deemed complete tIDepartment of Planning Services , the Department of _Planning Services shall send the a Pplication to app icable agencies listed in Ap endix 23-G as deter -- ined by the Department of Planning Services _ The failure of any acency to respond within twenty-eight (28 ) days may be deemed a favorable res onse. Ali REFERRAL a .enc : review comments are considered recommendations, The authority and responsibilit for aparoval and denial of the amendment rests with the Department of Planning Services, Review criteria for minor amendments to a Use by Special Review Application, and Site Specific Development Plan SITE SPECIFIC DEVELOPMENT PLAN , To approve a minor amendment , the Planning Services Director must 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 &+ses USES in the surrounding area and be in harmony with the neighborhood NEIGHBORHOOD . 2 . The proposed changes are ccnsi:stent with the Comprehensive Plan pursuant to Chapter 22 of this Code. . The proposed changes will not result in a substantial adverse impact on other property in the vicinity of the subject property . 4 _ The recommendations of referral REFERRAL agencies have been considered . 5 _ The proposed charge is not deemed to be a major change. 6 . The proposed changes must shall be consistent with the original development standards DEVELOPMENT ENT STANDARDS . a 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 Department of Plan nine Services shall : 1 . Arrange for legal notice of said nearing to be published in the newspaper designated by the Board of County Commissioners for ublication of notices at Ieai t ten 10 ) days r'ior to the hearin , 2 . Give notice of the aplication and the public hearing date to these 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 haring . Such notice is not required by state statute and is provided as a courtesy to surrounclinc pry rty owners ( the surface estate) . Inadvertent errors by the ap licant in supplying such list or the Department of Planning Services in sendinc such notice shall not _create a ' uri dictional defect in the hearinc process , even if such error results in the failure of a surroundinc property owner to receive such notification T 3 . _ Post a skirl on the aroaerty under consideration in a location readily visible from the adjacent PUBLIC STREET/ ROAD RIGHT-OF-WAY . The sign will be posted at least ten r 10 days preceding-the hearing date for the Board of County Connrniss,ioners' hearing . In the event the property under consideration is not Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 75 of 246 adjacent to a PUBLIC TREET/ROWC _ RI HT-OF-WAY , a second sign at the point at which the driveway (access drive), intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted . The sign posting will be evidenced with a photograph . E , ( Repealed _ Purpose . The purpose of this Section is to prnvide- information to the---apSiGant-regarding the Silo Specific Development Plan and U h- Special Review Permit process . F . (Repealed . ) Intent and Applicability _ The purpose of this Section is to provide-g-aura : inform t-i It abe nor amendment ap9lication process . It is not intended to be a substitute-far the specif-e-requEr-ements of a . i . i +h -, p rI qty of-the applicant-to,-h newIedgeable-cf- the -.sp+e fi -requi - er ►f-- I Jiv s'o i . or : le , - ' ,nor a 'nen a4m nt-apyplication process . The -part - ponsible for reviewing a p -essi ng the ap it .- Sectionm23 2-28075-of-this Code . . Prea:pplication Conference. It shall be at the discretion of the Department of Planning Services to determine if a preapplication conference is necessary to meet with the applicant and discuss information pertaining to the amendment. The standard preapplication form shall be used . H , Ike ealed . i Sign Posting .—The-Department of Pl nni , S ryice willet responsible for provicing and costing a s gn or the property and tic tl - -a-in-twined roadways .. The sign will be=pv tec_at-least tom-( Commissars'h-earing._:In-the---everitthe - -property under oinsideration is-,not-adjacent-to a publicly maintained road right-ol-way , a second sign at-The-point --at -_w-high the - ►-rrvewa- e ve ) intor ets�a pubIi ay wi l be posted . - - I . Investigation Fee. An additional fifty percent (50% ) of the permit fee shall be added to the cost of the Minor Amendment Special Review permit application fee when the use 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. Application Requirements : 1 . One ( 1 ) original application form ( additional copies may be required , on request of the Department of Planning Services ) . . One ( 1 ) copy of the Special Review plat map ; twenty-four ( 24) inches by thirty,si (36 ) inches , See Subsection L below for map requirements, One ( 1 ) eight-and -one-half inch by eleven -inch reduced copy of the twenty-four-inch by thirty-six-inch Spectiai Review plat- map. 4 , one ( 1 ) digital or electronic copy of completed application materials7 if required . 5 . One ( 1 ) original minor amendment questionnaire. 6 . One ( 1 ) original Access Permit Application Form , if required , Clearly indicate all existing and proposed accesses ( residential , agricultural , oil and gas, ditch , etc. ) . 7 . One ,( 1 ) copy of the deed or legal instrument identifying the applicant' s interest in the property. 8 . One ( 1 ) copy of the document showing evidence of adequate water supply (e, g . , well permit or letter from water district). If using a well , please complete the Water Supply Information Summary , which is available from the Department of Planning Services. 9 ' One ( 1 ) copy of the document showing evidence of adequate sewage disposal ( e . g . , septic permit of letter from the sanitary sewer district) . 10. One ( 1 ) copy of the affidavit and the certified list of the names , addresses .and the corresponding parcel identification number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of property being considered . This list shall be compiled from the records of the County Assessor, the County websiite , www0co .weld . co_ us pF3] , 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 Harming Services . 11 . ( Repealed , ) Notice of Inquiry-if-located-within an Intergovernmental Agreement ( I A)--oo a-nd,a 12 . Application fee . 13 , Investigation fee, if required (fifty percent f-50 % 1 50 % 1 of the permit fee) . Chapter 23 — Zoning code updates 316119 DRAFT Page 76 of 246 14 _ Additional information as may be required by the Department of Planning ervices and other Departments or the Board of County Commissioners in order to determine that the application 'meets the requirements of this Chaoter and the policies iof Chapter 22 of this Code. 15 . ( Repealed . ) Special Review plat-r- +ngee ' I eolTars--{ 11 . 00] for -the=fistpage plus ten dole WO-44D: for each K. Questionnaire. The following questions are to be answered and submitted as part of the Minor Amendment application . if a question does not pertain to your use , please respond with "not applicable , " with an explanation as. to why the question is not applicable . 1 . Explain , in detail , the proposed amendment to the property ,. 2 . Explain how this proposal is consistent with the intent of the Comprehensive Plan , pursuant to Chapter 22 of this Code. 3. What type of uses USES surround the site (explain how the proposed use is consistent and compatible with surrounding land uses USES) . 4.. Describe, in detail , the following : a . Number of people who will use this site. b . Number of employees proposed to be employed at this site . c. Hours of operation . . Type and number of structures STRUCTURES to be erected ( built) on this site . e . Type and number of animals, if any , to be on this site . f Kind of vehicles (type , size and weight) that will access this site and how often . g . Who will provide fire protection to the site . h . Water source on the property ( both domestic and irrigation) . i . Sewage disposal' system on the property (existing and proposed ) . j . If storage or warehousing is proposed , what type of items will be stored! . It Explain how the stormwater drainage will be handled on the site_ I . Explain where storage and/or stockpile of wastes will occur on this site. L . p +fic D v-elopment Plan SITE SPECIFIC DEVELOPMENT PLAN_ and Use By Special Review ( USR ) Map Requirements : 1 . Vicinity Map Requirements: a . One ( 1 ) inch equals two thousand (200) feet scale ( 1 " = 2000') or other scale approved by the Department of Planning Services. b . Detlineation of the following required information within a one- half-mile radius of the property proposed for the Use by Special Review. Section , township and range .. d . Scale and north arrow. a Outline of the perimeter of the parcel proposed for the Use by Special Review. f. The general classifications and distribution of soils over the parcel under consideration (soil classification names and agricultural capability classifications must shall be noted in the legend ) . 9 . Locations and names of all roads STREETS/ROADS , irrigation ditches and water features . h . Location of all residences within a ore-half-mile radius , existing and proposed accesses to the property, any abutting subdivision outlines and names ,, and the boundaries of any adjacent municipality . 2 _ Plot Plan Requirements : Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 77 of 243 a. One ( 1 ) inch equals one hundred ( 100 ) feet scale ( 1 " = 100 ' ) or other scale approved by the Department of Planning Services . b outline of the boundaries of the parcel being considered for the Use by Special Review . c . Location and identification of all of the foliowing items which exist within a two-hundred-foot radius of the perimeter of the property for the Use by Special Review. d . (, Repealed . ) Public (grits-of-way for telephanre, gas , electric , water and sewer ;lines .. e . Existing and proposed stereteces STRUCTURES .. f.. Utility easements or rights-of-way for telephone, gas , electric , water and sewer lines . 9 , Adjacent property lines and respective owner' s names ( may be shown on vicinity map ) .. h , Irrigation ditches ( including names ) . i . Ali hydrographic features , including streams , rivers , ponds and reservoirs . j _ Topography att ten-foot contour intervals or at intervals as determined necessary by the department of Planning Services . k . Location of areas of moderate or severe soil limitations . I . Location and design of storm water management devices or strict- s STRUCTURES . rte . Complete traffic circulation , access and parking plan showing locations and sizes of features , n . Location . amount , size and type of any existing and proposed landscaping , fencing , walls, berms or other screening SCREE \II N . o . Location of any food hazard SPECIAL FLOOD HAZARD AREA, L azard GEOLOGIC HAZARD AREA or mineral resource areas . p, Plat Certificate Signature Blocks for Property Owners , Planning Commission and Board of County Commissioners. Affidavit of Interest of Owner's Surface Estate . r, Water Supply Information Summary . s . Access Permit t. Any other relevant information about the property as may be reasonably required by the County to meet the intent and purpose of thus Chapter. M , The applicant shall submit the draft map for_ areliminary aporaval to the Department of Planninc Services in electronic C . pdf. format. upon approval of the draft mean , the applicant shall submit a final map for recording , alonc with all other documentation recuired as conditions of approval' . The map shall be delineated in nonfacling 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 ermanent black ink . U Don completion of all conditions of a proval , the map shall be recorded in the_ _of ice of the County Clerk and Recorder by the Department of Planning Services. The_ applicant shall be, responsible for payWee the recordin fee.. The conditions of a' roval shall be met and the map recorded within one hundred twenty . 1 0 ) days from the date the administrative review was signed . If the map has not been recorded within one hundred twenty ( 12 days from the date the administrative review was signed ( or from the date the resolution was signed , ifs _ roved 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 a . plicant may recuest an extension from the Director_of PIann_ing _Services . The Director of Plannine, Services may Grant a one-time extension of Lie to one hundred twenty C1201 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 bLwritten reqiiest to the Director of Planning . If the Board of County Commissioners ioners 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 aeplication denied _ Sec . 23-2-290 . - Termination of use . A . Construction or USE pursuant to approval of a Use by Special! Review Permit shall be commenced within three ( 3 ) years from the date of approval , unless otherwise specified by the Board of County Commissioners when Chapter 23 — Zoning code updates 316/ 19 DRAFT Page 78 of 246 issuing the original Permit, or the Permit shall be vacated . The Director of Planning Services may grant an extension of time, for good cause shown , upon a written request by the landowner . B . A Use by Special Review shall terminate when the USE is discontinued for a period of three ( 3 ) consecutive years , the USE of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the USE , or Planning Services staff may observe that the USE has been terminated _ When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the USE may have been terminated , the Planner shad send certified written notice to the landowner asking that the landowner request to vacate the Use by. Special Review Permit C . ( Repealed . -such-oases where-the landowner agrees to request to vacate the-Use-byeSpecial Review Permit. such v ministrativel -_-1e--such cases where the landowner does not respond , after original certified written notice, and--after a second written certified notice sent no soon . • _ter the rst mice , tern-tie pe tee-Peemit may also be vacated administratively. D . In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a -eeti 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 1 o . lays prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final and the Use by Special Review Permit is vacated . E . County staff shall draft a Board resdution setting forth the determination that a Use by Special Review is terminated . Record of such action and a copy of the resolution wild be kept in the files of the Clerk to the Board . The Board of County Commissioners shall arrange for the Clerk to the Board to record the resolution . F . ( Repealed . ) Use by peciab-Review Permit Plan Maps.. - ail--aito-w the Use leyeSpieciat Review Permit and tic Ueoalay --ry Special Review PeFmi f e-y vacated from County dI�� .��. l'�" � � � �.� by C�7"1i�'1.�'►F�'5� 1��1JfJ1�1J1�P � b rttin i�° � � e_r�__M,�_�t_� 1 C' 1 a �T+"3 f©F7 bnn rs � � � � �� . Use t � �t r Special n �r �.. � Review � ai .rg� � .e Permit: L cume. . s, . T a " se Spe t�.c! a tom.- Y oti.. ■ v � t n t tN � �1,fist -th_e. Use by Sp-ecial ReWiew°I� Pei mit was-revoked due to noncompliance wits the Pern =t, map or DEVELOPMENT STANDARDS , the vain shall be processed as deseht ed tneetioi 23-2-270 above . Ida partial v tetion is proposed because of a decre aec in the land mass; it- sea.11-19e- processed as described--in Subsection 23-2e2aB a +ave .. DivIsion 5 - Special Review Permits for Major Facilities of Public Utility or Public Agency Seca 23 -2 -300 . - Applicability. Sec . 23-2-300 . - Applicability . A. The regulations contained herein shall apply to all new site selections of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES within the unincorporated lands of the COUNTY subsequent to the adoption of the ordinance codified herein. These regulations shall also apply to any expansion, enlargement or extension of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES after the adoption of the ordinance codified herein . These regulations do not apply to those MAJOR FACILITIES of A PUBLIC UTILITY OR PUBLIC AGENCY which are subject to the regulations regarding Areas and Activities of State Interest set forth in Chapter 21 of this Code. Any proposed MAJOR FACIITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY which requires a Special Review Permit and which is initiated by, a general purpose local government, the State , United States government , special district or authority created under the provisions of the laws of the State or any PUBLIC utility whether publicly or privately owned , shall require review and approval by the Planning Commission only. The failure of the Planning Commission to take action on the application within thirty (30 ) days after the official submittal of the application for said DEVELOPMENT or USE shall be deemed an approval of the application unless the agency submitting the application is granted an extension of the thirty-day review period .. If the Planning Commission disapproves an application for a Special Review Permit for said DEVELOPMENT or USE , the Planning Commission' s disapproval may be overruled by the jur=isdictional body or official making the application . The Planning Commission's disapproval may be overruled by said body by a vote of not less than a majority of its entire membership or by said o=icial . B . MAJOR FACILITY OF A PUBLIC UTILITY is determined to be an area or activity of state interest. ( See Chapter 21 ) Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 79 of 246 C. (Repealed . See Sections 23 -2-380 and 23-2 -390 . ) The aoo-lieant shall srub1 -it three (3 ) paper copies of thou plat preliminary approva to tie Department of Planning Services . Upon approval o€ the paper copies , the applicant -chali-subit---aM-y1a•Fp-tat-, along—with—ate—other dosusittentation-req red---as- conditions of aprpro l Ttie Mylar plat shall be recorded-in the office of the County Clark and Recorder by the Department of Planning Services. The- plat shall be prepared in accordance with the requirements & Section 23- 2 -383 or 23 2-390 o" 11_ " _ Jt _ _ 1 _ Tl _ _ ■ l 1 _ _ _ V _ i _ - _L _ _/ . 1' .L_' _ _ _ 1 _ _ _ _ _ _ _ _ _ Y _ _ L _ 111'_ _ _ _ _ _ _ _1 _ _ _!ll_ _ _ _ _ 1_ _ _J _ _ _1 L _ _ _ L_ _ if .1 F3.1L 1. d ) Gays from the-date of the Board of e nt nmissioner eseiu-ti n . The applicant &Mil be responsible for paying the recording fee. If a Use by-Special-Review CU R ) ;Dlat l- as not been recorded wit-one hundred twenty ( 120 ) days from the date-o f-th e Board of—County omm-i-s-sites re tut n p or *thin a -data-spSfi e d by the Board of County Commissoners , the Board—may rec uire th-e-lanciowner to aopear - before-it --anizi—present—evideciee substantiating tha F sehas not been abandoned and that the .applicant-possesses the 1 ar4ab1 it r +r = e Us ecia Review may extend the -date--for -recording the plat_1-1--the Board cezier-mines that conditions supporting the original approval-of-the Use by Special Review ( U R) p►4a n-not-be r ► , the BoardBoard - mayratter-a-public-hearing , revoke t e Use ay p► i W -(USR )-7 Sec . 23 -2 -310 through 23-2 - 320 . [NO CHANGE] Sec . 23-2 -330 . - Duties of Department of Planning Services . A . Any person wanting to apply for a Use by Special Review shall arrange for a preapplii�cation conference with the person apply� � • • . s Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY in the unincorporated area of the County.. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. B _ Upon cetermination that a submitted application is cornplete, the staff of the Department of Planning Services shall : 1 . Refer the application to the following applicable agencies listed in Appendix 23-G , as determined bay the Department of Planning Services, .when -ap caoe, ;or rev-ow a lc con rert, The agencies named shall respond within--twent -ei -he mailing of-the application by the COUNTY , The failure of any agency to respond within twenty-eight ( 28 ) days may be deemed to be a favorable response to the proposal., envies m - rec-ues; aria be granted additional -time-for review- of such proposals upon m approval-- -tie-Director of --Rio- -n rig Service& 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 re-fermi REFERRAL agency are recommendations to the COUNTY . The authority for making the decision to approve or deny the proposal rests with the Planning Commission . a .-- The-planning commission of any town or county whose boundaries are within4-.m e .propesed site or if the p4ceposed site is located * i-th-in-a4y-te . ... rtSsive--p r i=ng--aces• b Department of Public Health- and -Environment. c. Department of Public Woncs7 4-Colorado Geological Survey7 a Colorado Depa tme f Traneprtation- �€. U , _ Forest-Service , Any-irrigation dir facilities iti1+ -or , ► T -th t r-mo t h , Utility companies with underground-tines iic i nic at be arected by tie DEVELOPMENT. i . Special-service districts which may provide servte t l - j . State -Engineer Di- i• of-Water-Resources. ,� atural Resour-ne Conservation Service 1 . Any .otb nciea o-r-i-ndMdua-Is whale review the Department of-Planning Services dearr-s 2 .. Prepare staff comments and recommendations for presentation at the Planning Commission hearing , addressing ail aspects of the application , its conformance with this Chapter and Chapter 22 of this Code and comments received from r-ef-e- a-1 REFERRAL agencies . Chapter 23 — Zoning code updates 3 /3/ 19 DRAFT Page 80 of 246 3 . Set a Planning Commission hearing date . 4. An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is riot requiredr but may. be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors . 5 . Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County onmmissioners for publication of notices . At the discretion of the Board of County Commissioners , a second notice may be published in a newspaper which is published in the area in which the Major Facility is proposed . Failure to publish the second notice shall not create a jurisdictional defect in the hearing process . The date of publication shall be at least ten 00 0 ) days prior to the hearing , 6 , Give notice of application for a Special Review Permit and the public hearing date to those persons listed in the application as owners of property located 'within five hundred (500 ) feet of the parcel under consideration . For transmission—line or pipeline ELECTRIC TRANSMISSION LINE projects , notice of application shall be given for surface property owners for five hundred ( 5UO) 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 physicallly disturbed or crossed by the activity or deve + pment 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, of the Department of Planning Services in sending such notice „ shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification _ In- o p a � r electr-6 !N T A l ION LINE or PIPELINE which is more-th 4 a at east once in the newspa-pee des-ignated Dy the lion rs feepublication of notices 'r°Ylwi • l'YSI N of � < ays-prior to the hearing date ; The advertisement shal`I- acieta-map displaying :lee ` fr, � �f � I tia�yith ry r� - ' pro ,.erred and-alter ativ ,�ze � rlption of timer date- r c location . 7 . ( Repealed . ) Applican an electric TRA \ VI \ E or gas PtP€LLNE hi i ► o tl 3n one( 14 i+ ength s i I ady -at least once in the news - +�'`�-►�rtli� cir-Yrr�r� �fr� r I mot ' C�� --for c .-�-eon-n+ tires- ra- minim u rn of ten (4 0) days prior to the hearing _4a-tee—Title a-d-vert e t shall oo °•tair a fa - : - , , _ with a description-of the hearing time, date and location . ( Repealed _ _See item _ 1 . ) lo ir:g agencies; when deemed applicable -by-the Department of Planning Services , for review and comment The agencies- _ er r thin _ lure of any agency to �� rti,rrrr arfhi�i ' hl_ - . to the proposal . Such agencies may request -arid- be - -ranted additional-1 H -of Director of Planaing Services: The c views and comments solicited y e C I re intended to provide p� pk - nsi - er all sI Fi the COUNTY with information or th�� o owl . The Planning or�miss !� ��i _ reviews _ orrnation-if such information4 e eTheereviews and comments SUub - f r -- . ornmenteations to theCOUNTY_ The authorityeeed .e ion to approve or denyeth-e -p ap a-I' -bests eith the officials of the U MTV a e ies -are within three ( 3) rni4e_ proposed site or if the pr osee-s --ie oc to with : r� - town' s comprP`rl`'eensir 1 ep► d Environment: c. Department of Public Works; d . Colorado 'Geoogical Survey . c . Colorado Department- ofeltr n-sportation . f, U . S . Forest Service _ . . my rigat-on c itch company witi fact .ities wihin G t -ender consideration , ies with - underground lines which raget be affected by the DEVELOPMENT , i�r3 r��+ri.rt� ti� �hir�lh rY� �ltr r, rr,. -�.� � �"� �'� � � � a � ''� I _ ec l � - E ,. Te- j , p i e ; + n ter Resources. k - Natural-Re o a-ree Conservation service a . Any other agencies or individuals whose - re- i ms necessary . Chapter 23 Zoning code updates 3/6/19 DRAFT Page 81 of 246 9 , ( epeaied . See item 2 . ) Prepare staff comments ar ' • —. • ipresentation at- the Planning Commission bearing , addressing all aspects of the appkication , its confenn n ----with this Chapter and Ghapter 22 o2 this Code and comments received from -referr I-ag rei & Sec . 23 -2 -340 through Sec . - -360 . [NO CHANGE] c . 23 -2-370 . - Application requirements . • -- - A. The applicants' name and telephone number, txrdLn B . Address of the applicant and general OFFICE , C _ Summary statement of the project,. to include when applicable: 1 Source, capacity , destination and type of facilities , support STRUCTURES , lines , etc, ! involved . 2 . Number and description of alternative locations or routes considered , with a summary emphasizing reasons for favoring a particular site or route . 3 . Procedures , including reclamation measures , landscaping , buffering techniques or multiple uses , to be employed in efforts to mitigate any adverse impacts. 4 . Size of the anticipated work force , both temporary and permanent. 5 . A summary of the proposed water requirements, if any , to include the quality and quantity needed for each USE, source, storage facilities , points of diversion , treatment system and distribution system . 6 . A summary of the proposed fuel requirements , if any , to include the type and quantity .needed , source and storage facilities . • 7 , A description of the location and method of disposal of all forms of waste. a A detailed report shall be submitted which includes information on the following items: 1 . A complete description of the facilities , including the source, capacity, destination and type of structures. 2. .A complete analysis of the alternative routes or sites considered , to include in each case: a , Reasons eoi n's for consideration , b . Types of agricultural and other land USES affected . c . Construction cost of the proposed alternatives . d . Impacts on mineral resources. ea Impacts on wildlife habitat. f. Impacts on historical , archaeological and scenic resources . g . Visual impacts created by aboveground facilities . h. A description of any GEOLOGIC or FLOOD HAZARDS which could adversely affect the DEVELOPMENT . . Advantages and disadvantages of the alternatives considered _ j . The applicant shall submit to the Department of Planning Services a copy of an agreement with the rnirierai 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 le The appliicant shall submit to the Department of Planning Services a copy of an agreement with the owner lof 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 Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 82 of 246 be reached , the applicant shall present eviicence that an acequate attempt to reach such agreement has been made . 3 . A description of the preferred alternative route or site and reasons for its selection . 4 . Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites , 5 . An outline of the planned construction and operation schedule, to include the number of stages and timing of each . 6 . Information of any public meeting conducted , to include the location , date , time , attendance and method of advertising . 7 _ A description of the hazards, if any, of fire ,, explosion and other dangers to the health , safety and welfare of employees and the general PUBLIC . 8 . A description of emergency procedures to be followed in case of a reported failure or accident invol 'ing the proposed facility.. Such outline shall include actions, if any, required of PUBLIC officials, including fire and police officials , and the names and telephone numbers of appropriate company officials to notify if an accident or failure should occur. 9 . A description of the method or procedures to be employed to avoid or minimize the impacts on irrigated agricultural land . 10 . A discussion of how the proposal conforms with the guidelines of Chapter 22 of this Code and any other app icable code provision or ordinance in effect. 11 . A discussion of the proposal for maintenance of the facility so as to prevent oust , soil erosion and the growth of NOXIOUS WEEDS. 12 . A drainage report outlining the method of preventing surface runoff from exceeding the historical flow. 13 , A Decommissioning Plan. Adequate financial assuranceto cover the decommissioning of the facility may. Ina r es ri v i Tid ate- +h: ,... P4. P4 6 4•; Y5, kee 1'5 T r7 Pv Ir'i. P`I'f.5 !T\' JrT �h ■ L.ti o1�L:r/Lri.�r"w .r r w .� .u IOC requi ed a lueLII IcfILIon I oI app ' oval of the Dtteulmi I issi it i ng rian I . 14., Additional information required for ELECTRIC TRANSMISSION LINES: a A discussion of the feasibility of utilizing any existing' utility line corridors. b. A list of the names and addresses of the utility and pipeline companies which have existing underground utility lines underlying the alternative routes . + atteettj 15 . Additional information needed for POWER PLANT site proposals - a . Detailed information concerning water requirements, to include the quality needed for the USE ? source, storage facilities , point of diversion, treatment system and distribution system .. b. A description of the type of transportation facilities needed to service the faclrty. c.. An outline of the types and numbers of operating and construction equipment to be employed , d . A discussion of the proposal for providing TEMPORARY and permanent housing to accommodate the work force . The description shall outline the number, type and location of the BUILDING dwellings . e . A letter from each utility company indicating its intention and ability to serve the develop:Peril DE ELOPMEMIT . f.. A list of the names and addresses of all the local governments and special districts which would be affected by, the DEVELOPMENT , and a statement of the anticipated overall impact on local governments and special district service capabilities., including : education , police protection , fire protection , water, sewer, health services and road STREET/ROAD maintenance services. g , A certified list of the names , addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred ( 500 ) feet of the property subject to the application . The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records . or from the records of the county clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty ( 30) days of the application submission date. Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 83 of 246 h . The written certification required by Section 24-65 . 5- 103 , 3 , C . R. S . , if applicable . Such certification may be submitted on the date of the initial public hearing referred to in Section 24-65 . 5 = 103 ( 1 ). , R . S . i . A discussion of the potential air and water pollution impacts which may be created by the facility, along with proposed pollution control measures . This discussion should include any meteorological or climatological conditions which would cause the facility to create negative impacts on surrounding land USES. � . A description of any routine haul routes , identifying the roads STREETS/ROADS and bridges involved and the weight of the loads. k . Any other information determined to be necessary by the Department of Planning Services , the Planning Commission Or its authorized representative to ensure the protection of the health , safety and welfare of the inhabitants of the COUNTY . E . The names and addresses of anv owner, operator, or user of anv irrigation ditch , lateral , or pipeline that traverses the Property,. F . The application fee . G . Investit7ation Fee , if .a cu; picable . An additional fifty I50 ) percent of the permit fee sha.l_I_ be added to the cost of the application fee if the USE is startedprior to issuance of a Special Review Permit The Dayment of the investication fee shall not relieve anpersons from full corn of inc with the rec uirernents of this Chapter nor from any other penalties , Sec . 23-2 -3804 - Drawing requirements for facilities lan maps plats The general drawing requirements for Facilities Plain Maps Plats for SUBSTATION-St-TES sites , oil and gas STORAGE AREAS and POWER PLANT sites are as follows : 1 . An adequate number of copies of these maps electronic ( . pdl: version of the plat shah be submitted concurrently with the written application . 2 . Maps If approved , the plat shall be delineated in drawing ink Of on Mylar or other drafting media approved by the Department of Planning Services . The dimensions of the map shall be twenty-four (24) inches by thirty-six ( 36) inches . 3 . The maps plat that be prepared and certified by a land surveyor registered in the State . B _ Vicinity Map . The proposed site shall be identified on the vicinity map . The vicinity map shall also identify the zone districts , subdivisions , water bodies , transportation facilities and towns within a three- mile radius . C . Site Plan _ The Site Plan shall be drawn at a scale of one ( 1 ) inch equals one hundred ( 100) feet. This scale may be varied upon approval of the Department of Planning Services: The Site Plan shall depict the following : 1 . Include the property under application , as well as features within five hundred ( 500) feet of the parcel boundaries. Include a certified boundary survey of the property . Bearing and distances of all perimeter boundary lines shall be indicated outside the boundary line. 3. Show the existing topography of the site at ten-foot contour intervals , as solid lines , and the proposed topography of the site at ten-foot contour intervals as dashed lines , es Show the name and location of all streams , including normally dry streams , ponds or other bodies of water, existing structures „ roads STREETS/ROADS, bridges. irrigation ditches , oil and gas wells , utility lines , LANDSCAPE features and easements . L . Show the size and location of proposed STRUCTURES or associated facilities such as access drive , PARKING AREA parking area , LANDSCAPED area and fencing , 6 _ Include such additional information as may be required to satisfactorily explain the general characteristics of the proposed facility. a Legend . The legend shall include: Chapter 23 — Zoning code updates 316119 DRAFT Page 84 of 246 1 , A certified boundary description of the property . The description' shall include the total acreage of the surveyed parcel .. 2 . DEVELOPMENT standards STANDARDS governing the location , design , construction and operation of the proposed facility , 3 . Certificates: a . Surveyor's certificate. b . Certificate of responsibility to De signed by the applicant. c _ Planning Commission certificate . I 4 _ Title scale and north arrow. E . Upon approval the applicant shad submit the plat along with all °trier documentation required as conditions of approval . The plat shall be recorded in the office of the Count ► Clerk and Recorder by the Department of Planning Services within one hundred twenty 00201 days from the date of the Planning Commission resolution_ The a .plicant shall be responsible for paying the recording fee . If a Use by Special Review U JSR ) plat has not been recorded within one hundred twenty ( 120 ) days from the date of the Planninc Commission resolution or within a date specified by the Planninc Commission , the Planning Commission may require the ?.pplicant to aPoear before_ it and present evidence substantiating that the Use by Special Review icUSR has not been abandoned and that the applicant possesses willingness and ability to record the Use by Special Review f )_ plat The Planning Commission ma extend the date for recordinc the plat. If the Planning Commission determines that conditions supporting the oriuina, aoarc r l of the Use � peci l I i vti� ,� I 1 '_ I � pJa cannot e supporting g i r 1 : F : .w . . . A v • ar � . 6 v •c..rR . d nisi cannot 1v4 be met, the Planning Commission may, after a public hearing , revoke the Use by Special Review kUSR [ Sec , 23-2 -390 . Drawing requirements for utility line plan maps . A. The general drawing requirements for Utility Line Plan Maps for electric ELECTRIC TRANSMISSION LINES are as follows : 1 . A utility line plan map shall be submitted in two (2 ) stages : a. Alternate route map set b. Selected route map set. 2 . An adequate number of copies of the-electronic ; . pdfl version of the alternate route map set shall be submitted concurrently with the written application . 3 .. The selected route map set shall be submitted for recording after approval of a route by the Board-of County Cornmictions Planning Commission . B. The alternate route map set shall : 1 , Include a vicinity map which displays the location of all the alternative routes wwithin the County in relation to towns, major water features and major transportation features . The vicinity map shall be prepared at a suitable scale on a sheet twenty-four ( 24 ) inches by thirty-six (36 ) inches in size ,. The vicinity map shall function as a map index for the detailed route maps shown on the U . . . S. topographic quadrangle maps. 2_. Include a route map showing the proposed alternate routes through the County. The routes shall be shown on a 1 :24 ,000 scale U . . & . . topographic quadrangle map . The centerline of each of the proposed alternate routes shall be displayed on the route map . The route map shall also show the areas of irrigated and non irrigated agricultural land use , as well as future land use designations for the areas around the towns which have adopted master pans . In addition , the 1 : 247000 USG . . topographic base map shall be updated to accurately depict any significant new man-made features within one ( 1 ) mile of any of the proposed routes . 3. Include such additional information as may be required by the Board of County Commissioners or its duly authorized representative . The selected route map set shall : 1 . Be submitted on a sheet twenty-four (24) inches by thirty-six (36) inches in size . Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 85 of 246 _ Be drafted in black drawing ink on Myiar or other drafting media approved by the Director of Planning Services , 3 . Include a vicinity map at a suitable scale ( V = 2000' minimum ) which displays the location of the approved route within the County and its reiationshilp to towns , major water features and major transportation features . 4 Include a detailed route map showing the approved route through the County , The approved route shall be displayed on a 1 : 24 , 000 scale U _ . . . topographic quadrangle , The map shall display the centerline of the approved route and all of the features depicted on the U . , G , . topographic quadrangle within one ( 1 ) mile on each side of the approved route .. The base map shall be updated to include any significant new man-made features within one ( 1 ) mile on each side of the approved route. D , Legend , A legend shall be included consisting of the following items : 1 ; DEVELOPMENT ENT STANDARDS governing the location , design , construction and operation of the proposed facility.. 2 . Certificates as contained in Section 23a2-380 D. 3 above. 3 . Title , scale and north arrow . 4 Such additional information as may be required by the Planning Commission to satisfactorily explain the general requirements of the facility as approved. �. U Dori a proval , the appliicant shall submit the mall , alone with all other documentation required: as conditions of apDroval . The map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services within ore hundred twenty ( 120 ) days from the date of the Planning Commission resolution . The appiicant shall be responsible for paying the recording fee . If a Use by Special Review ( US ; 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 Planniinc_ Commission , the Planning Commission may_require the a plicant to appear before it and present evidence substantiating that the Use by Special Review jUSR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review ( USRLmapw. The Planning Commission may extend the date for recording the map. If the Planning Commission determines_that conditions sup oortino the oricinalausoval of the Use by Special Review (USR) map cannot be rnet, the Plann n Commission ma + , after a !ubl-ic hearing ,, revoke the Use ,by Special Review ( USR Sec . - -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 THROUGH L, NO CHANGE] M . Where a proposed power plant POWER PLANT is to be located in an area where a sufficient housing supply is unavaillable for the anticipated immigrant construction force , the applicant for the location of such a facility shall present plans showing how housing will be provided for such workers without creating major negative impacts on existing residents in the impacted communities , N . The applicant shall submit signed copy of the notice of inquiry form demonstrating that the i GA municipality does not wish to annex, if required by the IA. O Applicants for activities reviewed pursuant to this Division 5 as MAJOR FACILITIES OF PUBLIC UTILITIES shall have the burden of proof to demonstrate_that there is a need for the facility within the proposed area of service , and the Planning Commission shall be_ satisfied that a need exists as part of the determinations for any such permit Sec F 23 -2 -410o - Changes to Special Review Permit! [NO CHANnEi Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 86 of 246 DivIsion 6 - Use by Special Review Permits for PIPELINE - DOMESTIC WATER Sec . 23 -2-440 . - Applicability . [ NO CHANGE] Sec . 23-2-450 . - Relationship of regulations to other requirements. END CHANGE] Sec . 23 -2 -460 . Prohibition of construction without Permit. No person may shall locate or construct a PIPELINE - DOMESTIC ATER in the County unincorporated COUNTY without tint obtaining a Use by Special Review Permit pursuant to these re -tt this Division 6.. Sec . 23-2 -470 . - Duties of department of planning services . A. Any person wanting to apply for a Use by Special Review shall arrange for a preapplication conference with the Department of Planning Services . The Department of Planning Services shall be responsible for processing all applications for a PIPELINE - DOMESTIC WATER in the unincorporated area of the County. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating - w a a official a w F action a� arm a.a.a� listed a S as - below, ai ny official actionv as listed below, B. Upon determination that a submitted application is complete, the staff of the Department of Planning Services shall : 1 . Refer the application to the following applicable agencies listed in Appendix 23-G . as determined by the Department of Planning Services , i pp c ore iew and comment . The_agencies named shall res teight (28> days after the maih - f the apoti _at-ion- y-t COUNTY . The failure of ary agency to respond within twenty-eight (28) days may be deemed to be a favorable response to-the Planning Commission. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Use by Special Review. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary . The reviews and comments submitted by a referral REFERRAL agency are recommendations to the COUNTY, The authority for making the decision to approve or deny. the request for a Use by Special Review Permit rests with the Board of County Commissioners. a _ The placommission-of-any town or county-whose boundaries afe-wi= t 1, e ( ) rn • s—tat r propose , ,-os e is located-within ary .owrr%- oomprehen•sive-pI•n-ni -ar _ b -.- --Department of Public Health and Environment. c. Dc p-afte nt -o#.Public Works- a Colorado Department of Transportation . g . Any irrigation ditch company with facilities within the- - ht t 2y or oires a ! �, � � INE al' s1 company . �.. .. � �� a . v-. v •v ar v +.+ u � �■ . v ■ ■ ■ 4ti.. ■ ■ �. DOMESTIC WATER under considera-tr n- h . Utility comp und-lines whi t-+ migh� k�a �rted by #1-�„ a [ E1fELOPME T- A l 1 1 1 ti'i'�"F7'L. i- peial service districts which may provide serv=oe -o `_iie J•=VE _ PVEl j . State-Engineer, Division of-Water Resources. k. Natural-Resource- onservat n Service . History Colorado. rnr o a l-o-Parks and iIciIife- Any other agencies or ingividuals whose review the---Depar ervices deems necessary . 2 . Prepare staff comments for use by the Planning Commission addressing all aspects of the application , its conformance with Chapter 22 of this Code and any other applicable code provision or ordinance in effect adopted maw= pian-s MASTER PLANS of affected municipalities , sound land use planning practices, Chapter 23 - Zoning code updates 316119 DRAFT Page 87 of 246 comments received from agencies to which the proposal was referred and standards contained in this Chapter. 3 .. Set a Planning Commission hearing date and a Board of County Commissioners hearing date. The Board at County-Gomm - cun y omm - g-may also be-se -and be r e ga--4 -natiGe and posting , concurrent with setting of the Panning Commission in : 7 - lion 23 2470; 115 or Secrtio n: 23-2-47078-.6: 4 . An applicant may conduct a Neighborhood Meeting with area landowners . Such meeting is, not required , but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors. 5 . Notice of application for a PIPEL_ l l E - 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 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 REFERRAL agencies . 7 . Arrange for legal notice of hear•incs to_ be published once in the newspaper designated by the Board of County Commissioners for pubqucation of notices . At the discretion of the Board of County Commissioners1. a second notice may be _published in a newspaper published in the area in which the construction is proposed . Failure to publish the second notice shall not create a - urisdictional defect in the hearing process . The date of publication shall be at least tern ( j 0 ) days prior to the hearing Sec . 23-2 -480 . - Duties of planning commission . A. The Planning Commission shall hold a hearing to consider the application for the Use by Special Review Permit . The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Use by Special Review Permit. The Planning Commission shall approve recommend approval of the request for the Use by Special Review Permit only if it finds that the applicant has met the standards or conditions of Section 23-2-480 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 23-2480 of this Division and Chapter 22 of theWe' d County Code are met. The applicant shall demonstrate: 1 . All reasonable efforts have been tlna.de to avoid irrigated cropland or to minimize the negative impacts on agricultural USES and lands . 2 . The PHELENE -- DOMESTIC WATER will not have an undue adverse effect an existing and future development DEVELOPMENT of the surrounding area , as set forth in applicable MASTER PLANS . 3 . The design of the proposed PIPELINE - DOMESTIC WATER mitigates negative impacts on the surrounding area to the greatest extent feasible . 4 .. The site shall be maintained in such a manner so as to control soil erosion , dust and the growth of NOXIOUS WEEDS . 5 . The applicant has agreed to implement any reasonable measures deemed necessary by the Board of County Commissioners to ensure that the health7 safety and welfare of the inhabitants of the COUNTY. will be protected , and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE - DOMESTIC WATER , 6 . All reasonable alternatives to the proposal have been adequately assessed , and the proposed action is consistent with the best interests of the people of the COUNTY and represents a balanced use of resources in the affected area ,. Chapter 23 — Zoning code updates 3/6 19 DRAFT Page 88 of 246 7 . The nature and location or expansion of the PIPELINE - DOMESTIC WATER will not unreasonably interfere with any significant wildlife habitat and will rot unreasonably affect, any endangered wildlife species , unique natural resource , known historic landmark or archaeological site within the affected area 8 . No adverse impact from stormwater runoff to the public rights-of-way PUBLIC : lGHT -oF-WAY and/or surrounding properties as a result of the PIPELINE - DOME TIC WATER . F , The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record , which includes the Department of Planning Services case file , to the Clerk to the Board within ten CIO ) days after said recommendation has been made . If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publication of tie notice for the hearing by the Board of County Comrrissonerst the ten -day period shall commence upon submission of the items by the applicant to the Department of Planning Services . 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 an the application for construction or expansion of a PIPEL- NE - DOMESTIC WATER only if all app icable requirerents of this Division are met, and the applicant has shown that the application is consistent with Chapter 22 of the Weld County Code and the following standards : A. All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural USES and lands . D . The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and future development DEVELOPMENT of the surrounding area as set forth in applicable MASTER PLANS . C _ The design of the proposed PIPELINE a DOMESTIC WATER mitigates necative impacts or the surrounding area to the greatest extent feasible , D . The site shall be maintained in such a manner so as to control soil erosion , dust and the growth of NOXIOUS WEEDS . E The applicant has agreed to implement any reasonable measures deemed necessary by the Board of County Commissioners to ensure that the health , safety and welfare of the inhabitants of the COUNTY will be protected , and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE - DOMESTIC TIC WATER. F , All reasonable alternatives to the proposal have been adequately assessed _, and the proposed action is consistent with the best interests of the people of the COUNTY and represents a balanced use of resources in the affected area , G . The nature and location or expansion of the PIPELINE s DOMESTIC ATER will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species , unique natural resource, known historic landmark or archaeological site within the affected area. H . No adverse impact from storrnwater runoff to the pub: s-oi fay PUBLIC RIGHTS-OF-WAY and/or surrounding properties as a shall result of from the PIPELINE - DOVESTIC WATER , Sec . 23-2 -500. - Application for use by special review permit. Any person seeking to locate and construct a PIPELINE DOMESTIC WATER in the County shall apply for a Use by Special Review Permit on the forms provided by the Department of Planning Services. The application forms shall be accompanied by the supporting documents required by these regulations . Pr _ ' ' - ,'1 _ .Anil i iinr� raw lirAnlantQ ■ — s s ■ - . r t tae r ■ ■ s�t''4+ Y ! H� raw�L7 ■ ■ ii ■ [ ■' H ■ fild' ■ An adequate number of copies of the application for a Use by Special Review Permit shall be submitted by the applicant to the Department of Planning Services _ An application for a Use by Special Review Permit shall contain the following information in such form as prescribed by the Department of Planning Services: A. The applicant' s name and telephone number. B . Address of the applicant and gen-eral-OF -E . Chapter 23 — Zoniing code updates 3/6/ 1 '9 DRAFT Page 89 of 246 C. Summary statement of the project, to include when applicable ' 1 . Source., capacity , size , destination and type of facilities , support STRUCTURES , lines, etc . , involved . 2 . A detailed report shall be submitted which includes information on the fof:owing items: a . A description of the PIPELINE - DOMESTIC WATER. b . A description of the preferred route or location of the PIPELINE - DOMESTIC WATER and reasons for its selection . c. Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites . d . An outline of the planned construction , including startup and commissioning schedule , to include the number of stages and timing of each . a Information of any public meeting NeighborbOOdMeeting conducted , to include the location , date time , attendance and method of advertising . 1. A description of the hazards , if any, of fire , explosion and other dangers to the health , safety and welfare of employes- sand the general PUBLIC . g . Adescription of emergency procedures to be followed in case of a reported failure or accident involving the proposed PIPELINE - DOMESTIC WATER . Such outline shall include actions , if any , required of PUBLIC officials, including fire and police officials , and the names and telephone numbers of appropriate company officials to notify if an accident or failure should occur. ft A description of the method or procedures to be employed to avoid or minimize the impacts on irrigated agricultural Iia.n d . iA discussion of how the proposal conforms with the guidelines of Chapter 22 of this Code and any other applicable code provision or ordinance in effect. j . A Decommissioning Plan . k , A traffic narrative describing construction traffic and permanent or temporary access points. I . A description of any haul routes to be used during construction , identifying reads STREET /ROADS and bridges involved and the weight of the loads. m Bois reports required for pipeline crossings or any pipeline encroaching in public-right-of-way PUBLIC RIGHT- CF- A , if required by the Department of Public Works. n , Any other information determined to be necessary by the Department of Planning Services or its authorized r-epr-esentaflve to ensure the protection of the health , safety and welfare of the inhabitants of the COUNTY , 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 comp ny , 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 an r owner, oceratar, or user of an irritation ditch , lateral , or obeline that traverses. the property . F . The app ication fee . G . Investigation Fee , if apiplicable . An additional fifty ( 5Q percent of the peril fee shall be added to the cost of the a nIication 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 Qom plyinc with the recuirements of this Chapter, nor from any other penaties. Sec . 23-2-520. - Mapping requirements for PIPELINE - DOMESTIC WATER . A Be submitted on a sheet twenty-four (24 ) inches by th rty-six ( 36 ) inches in size . Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 90 of 246 B . Be drafted in black drawing ink on Mylar or other drafting media approved by the Director of Planning Services . C . Include a vicinity map at a suitable scale Cr = 2; 000 " minimum or as approved by the Department of Planning Services) which displays the location of the route within the County and its relationship to towns , major water features and major transportation features . 1 L Include �a f • i .N �a a detailed :{�rs •� ..-� � map w. showing w�r . ...•s .�.. the .� approved ..� -.• � . -. �I route L through 1- the County . L The Y • e . � Y i • a � D . include detai ed map shov�ring the app, oved route through the County. d he 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 llocat on of the existing and future right-of-way above ground appurtenances , including , but not limited to , valve sites, laydown yards , parking and staging areas , temporary and permanent access points . The map shall include the location of the following items which exist within the easement boundaries: 1 . The physical location of the roadSTREET/ROAD . 2 . AK existing and future public rights-of-way PUBLIC HIE-MIS-OF -WAY, 3 . Al existing, easements of record _ 4 . Irrigation ditches , canals, and laterals , 5 . Adjacent property lines and respective owners ' names of record , 6 . Topography at a minimum +oaf oten-foot contour intervals or at intervals as determined necessary by the Department of Planning Services . 7 . Identify geologic hazord- GEOLOGIC HAZARD AREAS and /or flood-plain locatoris SPECIAL FLOOD HAZARD AREAS . 8 . The map shall include any significant man -made features within one-half (0. 5 ) mile on each side of the route . F . Include detailed drawing of pipeline at intersection of any county road COUNTY SIRE _ /ROAD , section lire , or bridge _ Drawings at intersections must be in plan and Profile , n � be .�.� ..� gym.._ bridge . 1 I oust P o1Ile , and shah at a scale of 1 : 100 or as determined by the Department of Public Works . PIPELINE - DOMESTIC WATER must meet the minimum requirements for cover, as determined by the Department of Public Works , F . Legend , G . Deve opmen; standards DEVELOPMENT STANDARDS . H . The Use by Special Review Permit Plan Map shall include certificates for the PIPELINE - DOMESTIC WATER. owner's signature , Planning Commissioft and the Board of County Commissioners and the Clerk to the Board_ The required content of the certificates is available from the Department of Planning Services. I . Title , scale and north arrow. J . For each parcel that the PIPELINE - DOMESTIC WATER crosses include : ( '1 ) Property owner name ; (2) Parce Number; (3) Quarter Section and Section , Township and Range; and ('4) Reception Number for the Easement/Rights-of-Way. Sec . 23 -2-530 and Sec . 23 -2 -540 £NO CHANGE] Division 7 - - - ( Repea1ed ) Sec . 23 -2 -550r-intent. The-- intent of the Geology e meret Permit is to ensure that - any proposed B I LDI 1�-�{. p!.-. l J � 1 ��S �ti Btu r®d {(� �i5,,As -�� STRUCTURE rte.. . . ��I�. tee-I•� I. pt�.I a� and • a � i� •M i . - '�I ^ r d a r�d is-subject s_ � g�j e ct to the 7F ' i- V E LO PA l�yE!N '� , S T R UyC U R E and USE 6 I c u lyy�� re - �u►i r�.�� a�-�d District contained in Article V , alVaS:1orl -of this Chapter are safe-xpp='in--GEOLOGIC GEOL'O -HAZARD . A eologi<c -H--z-; r 3OreL .t-Perfrit s'l ati-fi t be required-if any proposed -BUJ LEANGSTRUCTURE and USE an --- t -A - a red- by--right within-tale UNDERLYING .ZONIN -Dt TRI T _ Any person-applying for a Use by Special Review, a MAJOR FACILITY OF PUBLIC L rTh4 --O P' U BLI AGENCY ,CY, _Change of one Subdivision f Lard , including - Recorded -Exemptions, and PLAN- n- the GEOLOGIC HAZARD shall submit his or r appt+e, 49r review to-the Colorado Geo oglcaI Survey - The applicant shall pay for all- fee-al by the Colorado eo g +ca' t-he time of submittal-of thud use Vii ► Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 9 of 246 I-f4h oia -Geo ocifl ram ires-thaticond4io s-, -- - r r„-, , t "M, rth � rev we cThe a i ant-shall a p p'I n e r + .a i _ i I . . I s j s a■ + r '- I C1 r Y'C'Y 1'f �'1.eTe•re an-y.-424-tr s � 1 c fit ti'I'QT� f iden-fiRat-aval v C 'Z 1�r 5 a. I o a rd l5' I .f ti f f M''Y Y 1 ,tfit 1 SIT rs. Seaaarrtendm era z-ard Map, theapp1 _ _ . _ �', �-1"e:s ice► - '-"- ! e-4-1 n ref #hic d" ter e< haII' rr_ pp' A� -�r-rr�r Iecl�rr. •e Y .®. ! .+ + + }RY'll ,[�.1 'I t o I• DI P1. rA d I c e s h l-rev fie 4 I^S H a a-PEI-0 p n I i cati rr n r a icemerrts-o h- appkGanit f- .e, ala -I w[s-not comp ' -as f shall-be-notified-of-spec- . B.. T h :ant rtif a l b.f-}-nm g- 4 -( t -b -writing-the-fora1 1 ► -- u r - � r'l,are.aIrtin �,ntformarrl r,r,, ni , t e co -, n- . - iro. I + . review anr-I r omment rare r^ eemed-I ., ,,� e ■ - i - ,!• ar •: �; ■ .� whom-th r-al � ar�a-� fie ire marred � F-} P� h ica inn # term fine corn ,�e r � e a lireatioriawiths,affy. standards-of-the-group-n up-o - ency-t-o_r o i a- sheik be-cleemed--toi ' I .n ServI l G i s r a r i ■ �■ .. �i i r + i dYl i i i i i i ii + ""'9'4"ith-ET to mia on-re Pai GG ! � '! T '! !!' � b T T. T T T ted ,� I I I I'ti I T Itg'16a r r~ E'a i r� '�' 11 t 1 r^ F-� r r3 d i tom • Tdec alrsuthrevie r r n re' mi ` t may 60 l is it �-ti r��lrr�� axr-'� tinrtr s - .a ■■ � � � � � ,�, .. .� a � :■ .. ea rY ■■ �■ +: �. �, 111. � t F�LS` �` - e z .• :. r- - r �• _ -- s +r .T. .. _ he-14i- "lire itc€ R ia-T�T�Tn .. YTL'�'�iJ— a � rgrtr4 making--t ` `cam t-r -a R ve—approve -su bje to--c i - -f f ` I("`' T lrti,e 111 e ana� ant ' r r��,r-, r�-�� _fi � l�,: t� � � h �.a r� i tsa � �r r'i t i r� �r r te' - I ha°1 no1114 t ` '�' a�-n-orr r-a-�^ ��- --err acti taken-On-the-GEOLOGICE - P I€ er-n *: f li I r-t � �fs r�-x I �► ,n,f �'I�1� n i n r� '�,c3 rte.a i.r�c � C�1,�. of rent ,4-notify-the= app I atentr�E r `a t t�s're ter'4 rr- Imo' t�- r E. I r9 ca&e o a' 1� Iva! w .m�n-i_ T n n i n J'E S e rr E i r'c'Y s s I-1 �7 r i ::_ .' - ' It _ + P'f"Gat4G -91-"a of- T� i c r-��.Ir�"i f i a-��I t ,r-u rt_�.��I t - -L - 1 Z D EDP- -t h Irk a-�,�,� ri t ry 4� Di . . ! p'art , G- s _ . th L I H ' RD DEVEI ► oME-NT -+r -a- o I a '' it d by r7}��r'!'T�}Tr!JT 07T!1�� F*ic i r t a �.__!t o r'Lf t11�I G Ir'' I--I A a1�,r� I�,�ti11 �__I_I I w r rr ' r ■ } I .' The D e_ arrf me ci t efSa,In a rrv-Ices-s . lnia- t l lI appl+ # l .R -rd- s ecifie this- + + av en---mom --th pfi ra- A. I s- -eking-- per -it to develop in-a- - aced!--G L--20 tG -HA_Z the .. _ �. ;acing-- - I- r-reisfbi- - to-p fo- ' I shall Ibarn 1�i I zed-- y-bising•-n-RittF j ." 1a L y' fe i' sh a I I +� �'. •� * s• a- a..' �. i i. '� i �'. f, �,.�- �. engi E 1 fl"L shall-cel b -t 1-1-fie en ' es-4he`pfotecti o.n of 41' `ma'n - life and-property--from-the-ad- 1. i.'!� !' _: _ �' _ . . �. ;�.j to-the gr a e st_Ce' x1f_tent—pess i'bl . B . Any e pry ti r -I, � rr ta!nt I� n r i �r. s f ; -rewiated GEOLOGIC- HA-Z--RD ARESsupery i rl tiar -,I i V fri l rxrtefa►csiosai- ., g HAZARD co rya -I i t i o n.,s__al -sit s c a i l h e e rrr p _- _ tjle 1 Iifiir-i tir!� n of 'Iryatia tkglal ;s41Vl ge -�I f s-i i - , is ce u1alnie- oF -u der -d i rec n- f. a rtid-L h a Ir�be-s Eg Fled- t. . r ressIiGn aSs -w+ ' bprepared- -cd i r`I Tr e d i re ti rti r� of cegistorec pr ssF+i i, --Sect 122 `-- - et sew . , R . S . & h a i net p,tir trti I .5nd U ES-" frnE r'rr�- r� a ,r ref thr fr-► IIr-5t� dunrti H urrian-h bi! t F - t na pe hazards-to I �'' I--I � � � �} I^1 Iii R'4 �R I � + � � - for fr-� r rn t r � h �1 I i n r'* II� I � O I - g R D D E-�r Leg t emit to -` b itte d for—rte v i —s1 E-aTh4 h� F t - - Tri- G' -1- 'I- A * E rrni �cd7 I c�c I'I't rtii--I}r i s esiti ectui a li of-be -accepted-fore `view unless the a an - ha o- a rt m e n t ,ref I rE n i - e "-vi &wr ten- ustif i o-f- as to mh y a-fa . _ _ sard VE I O ME 1( dry, �'�y��Norr ...i r i itr i � T .� � � i � ��.J`�'cd'.� � ., :_. � .�. . . . � I , r + + a - FTf�7 TT - -o o f d i t i F T-t9 I�+.e�,f�1�`7 +ter CI�PY i p 1!"i 1 I I "� "�' ten ti o n given to the ee -s c i f is-re g J a t.e d GEOLOGICHAZ RD Chapter 23 - Zoning code updates 316/19 DRAFT Page 92 of 246 approved by the Department of-P nnirg Services . The d ensions of the mao shar betwenty-four (2 ) inches y t, i� )-h e&cT-, -iap -shall be pre tied- t a- case of one ( 1 ) inch equals-one hundred ( 100) feet and -ig1 -ude in question , as well as features with it e_h I-nd d ( 50.0) feet of the parcel boundaries , The- .. -- pf-ovaI -of_the-Department cf P-la-n4 - er+r-ices . Lci-map r.1. -fall also include :- 1 . A certied boundary su rich-- 1- 'en-is made. Bearings_and distances -&-l perimeter boundary lines-shall be in•dica:ed outside the bou =ry lines . 2 . The tope th; rea- ten-foot contour-ifs- rvafs or at intePeas a.s deterrni- the Bo3rd-of-Coun-ty Comition•ers or-its authiarized rep-resentati'-� 3 _ Existing-= T---R-U- TURFS and LAND CAPE features , including ho name and location of all WATERCOURSES , ponds and other bodies- of -water, 4 . -I ra.p ea-BUILDING ocasions and arrangements- _ en . • n If Ic e complete and asaw:- . cription as prescribed by the-DEVELOPMENT p-s nit application form . The deccriptian4hatinclude the total acreage of the surveyed-par--0B 6 . Certificates . a . Engineer' s ertificate: r Is-G tifi at:e z- - ert4ieate 7 . Tier scalc and north arrow. 8 . Date,-including re ■ 1i i - - 9 . 'ueP -a4ditona informaticTT-a ',T t 't1 i`Cf iI A"fed by4h1fi • +i7r� T tll IGCn4 �i��r 1 a7. geologic re-port explain-in-9 tele a'oove maps-wit,h-� •-e - ; r sis or ev tuatirig and predicting theflpact othsuchologi• • ins on the Oro aced- la-n-d--use- nges and DE 'ESL , 1 se include recommended mitigating procedures to- be employed in meeting the intent and purposes-= -tom regulation , Specific requirements of s-uck report are listed below. 1 - GROUND UR II.D-E S . : p ons for DE ELDPMENT S-U-B +ENCE s a-1-1--i +d--e -but-rot be limited tot the following information or data , where applicable-, a . Amount of Itmateria . removed or materials subject.a-v • ecre;e - b. Interval betweermi the ground surface and the location of void scace or` materials subfeot to volume dec rease . c_ In- poorly consolidated aquifers, the effect of bare-flu-id with-draw al-: in wind -deposited silt ( Ioess )-aceas-ard areas-of predomi r tiy- fire- +r coiluy =, I e- ; I ;the amount of wetting the area is subject to -an-d---its e•tect e. in areas of soluble material 4he ect of wetting_ . f. In areas of underground rung , data regarding air shafts . -haulage ways , adrts , faults-,-rooms aid pillars , and final mire maps. BUI �r h . Pe h rC ogic 1a:tors of tp-e area, i . Test- hole and well lag data .. j Mtt ionacs ues th • t w e toyed , incluaingaivenetss and estimated cost of & uoh tec4 es., k . Pertinent,historic factors including , but not [imitcd to , east--ewer-ices--of-G UND- SUB lDEN E in the area aceposed for DEVELOPMENT Division 8 - ( Repealed . ) Sec ,. 23-2 -650,. - Intent . T' • —�r 'I►i is< argr^I r e t f o� • PIM Sketch Plan , a g. -ran- esta b►I i-eh es the review iev�r and a � p icatior p r'ooe�.0 �e-� �,-�-,-e��,-�.,, T�,�-�- -ha-nge of-Zone-to a PliD District an • o s--of Section 23- 1 - 0 . C . AU - proposed amendments and minor modific • tons t n apor yed-_. UD P-lan shall be s t-t�3 tie pro . • , rte - at d this 4 '�T.T'TTIfi��fTl`�!r.L l�"4.(• in L I� 1 Section . When apoUcable , the- r-p-p1e 'rental-procedures of-this Section shit-- Ilse► apply . . -1 app-icatiions far a PUD Disthct_ or tart t.Aji iml Vino ] th irev ; =, I I l.J � �''wG ttcIe ! fill Li. 11 , st t`t S1 of Ll tts C a L.e . . - sub t t riie�*fr^arkt {� r;„nrini vAre+k fbr_t 1= r.t i + ir- nrt nf4 A. rfi irev �1 ri 1 u ► v; nn, " a r-r In irL f lti .� w Tli .r,. I-51 II e% LI the requirements contained in .rti Tes- 1 --an-GIN-of-this Chapter . ( Refer to Table-27 . i for PUD Time e Rar- s4 t lion- conference . An_ • I-ti p ►ange of-Zone-to a UD-Distr-r -a-rr -e-for a areaaplIcation conference with the-Department -of -P'la e Services. The ace olicarrt shall submit - a--PJ ,ketch plan to the De- ar e-n-t of P1an-r -. -erMises for-review-, p►1ior to the preapplicat.i-o co►n-=ere,r e: the applicant shall s i ,he required information as stated in this Division . Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 93 of 246 The-followthg completed in fo r rn ate o n -data-a-n a maps are re-t-u i t ed Written documents . 1 . The PUD Sketch Plan applica-: e- 2 . A general statement describing he coicept, land cos F-d-arcl itect a ie of the PJD pro:ect 3 . A general statement cescrib'inc tie size arc asypo of any OL cf}e and privcte open space and semi pubt+e USES , including parks . recreation or as , school sites and similar uses . it A genera i statement which describes : the approximate number and type of residential units , appro i-ma:e r u ber, floor area , height and-t a-f business , COMMERCIAL -and industrial--b- ThR s rtd -strd cr * t fes; the-a-pproximate run_ ber and-size of-any-open -stor areas;--and- an-estimate of the n_u ,r .n,-- employe s- ar the busi dustrial uses . UD source of water and type of system , . L 4 -, .BUD type of sewer system . 7 . A era-l- t -tement describing tie RU-D-vehcular circulation; system of local , collector and arterial streets . The--general-stateme -#should in l e: idt of-road rights-of- way , width-of--roado-ad surface , a of borro i I nts of access to pEthlic rights - of-way , and notation of proposed ownership of the circulation system , public or private _ Deaag-ri standards for streets are listed 1-nChapter-24- - ---r ,assiffi'sations are lis:ec in Chapter-22=ef this Cede„) 8 . A -" er proposed eircu-iatie- stems or tr ills, i . e. , elan - horse riding : runways or taxiways , 9 . A gen eirat-stag -ain- e-and storm atec - rageneit. Design Standards for Storm Drainage are l-i d-in Chaier 24- of--th-i-Cade . 10 The soils classificat , i tin "n o :he classification for the , + � E r information n be ° t-aimed f E'°� rYti t li l I� u^ Z` I dlrce Conservation Service_ 1-1 .- -A-ge-ner-a-I-statement d-e cri - -water courses . water-bodies and er-rig -ta itche-s r i#h4r- th-eaPU! .647 12 : A generai-statement- describing-any existing unique- featufes within the-PUD site, ie. , oil wetls, tank cAci h eac gates, rai tread- r-a k-s ,- w r- - l in ;structuf , easements and rights - of way . 13 . A general statement indicating whether or n -I d i- s ' L-gin-t4e-P—UD-siteariTie '! -{-l-I -I-1 e-a r 14 . A general statement indicating whether any c rnmer ial-rnineral-depasits are on the PUD r4 c P fern s e a - cescri n' nn any ® n fl Ffi flflt : ,.1 HA7AR D :met irtpreirt ovP4ay-d-i-striat areas-witNn-tl --P' 1.. D site . - A-ger-era l stater-- nt hi hdescribe-t --surer r --nI--+uses -a - t-h -n- G a f- 1 Ste . 17: - A general description of the +LA DSCA E—plan-tor t e-PUD! .site_ I8 , A general- description of-the-p-ropos --tr-e n -nt t ; h -D- 4-tep including-materials and teciriques to be-wised-I-such as screens, fences , walls; bergs and other L- r' I DSCARI Site-Map . A- -r-a -i+ g--Gf the, PUD project at a searof or --1 ) inch e:qua-ks-one-hurcred 100) feet,or- ne-(-1-)-inch equals two hundred ( 200 ) j* : - J d4 en-sibn of-twenty-four ( 21 ) by thTty-six- 6H inches -stowing ing the following—in—formation: 1 . Narr e he PUD prejec - 2 .-- Legal- deliption of the PUD site- 3 . Contour--lines at-ten-foot-intervals . I_rtle , sea! e ari nort-i acr-Gw 5 , I_he -proposed location of-land uses ,, 3ridridin apps -F rate acreage , gross density , numberand-height of each type of resi +enti Ins any-- s irate floor area , he m- --aid : De of business : COMMERCIAL aid industrial buildings and structures - - The -pr-apesed-+� --ul�r-traffi erculati systerr .. n 7 . The proceed ocati r i I y The locatS-of any existing UU qUe features with-n project tai-the D r�� mot, i . e . , eel we1 s:--tore batteries , irrigation ditches-,-water-bod- -bra itraad traGks, easements , rig -ts- f-wad;-etc: 9. The a, pero irate -l+ at-io any. proposed e>i-sting LAN- - CAPE feature-s- --0. The general location-of-and--€Iocdplain , GEOLOGICAL HAZARD-and airport overlay -districts icts within the PUP-project: Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 94 of 246 C . Vicinity Map _ The vicinity reap-shall be dra-wn Et a scale of one ( 1 ) ranch eq. uiIs + + d--�- r • r t c ose c -# --o - o s-with-an outer d+men• i -of-we r - s• i inches � lam rirz - �n one-haifi mile-of-the bo radar- -+ • -e PUn , rr ` ect 2 . The existing uses within one -half-41) m -!e of the boundaries - the PUD -project . 3 ., The existing-street and sway system within one half--+4f ile c? the bouncar' es of the -D protect . A PU :c • - h L b rt d _.prior to submittal of a PUD District clang° of zone application . The rtrnent of Plan-rily Services shall-re-vie -the PAD sketch-After its --review , the Department of Plbn-ring- Services may sch+edul. z+ erg + ~- p-lican -Thep-rpose of-the conference- is to familiarize the aka . rwnt -PLED -District change-of zon pr c r s- Ind advise the applicant of any--problems discovered du the review of the PUG-sketch a an * 9 ■ ■ J The following completed-information , data and maps are required for a PUD-Change of Zone District . Written Documents . T -PUD Distri- t- pphc tors fry r grd r, p � �—f . , F._ -posed-PUD coflcept , land uses and-arcIlt turn style of the PUL A �za ;.e m en- wi1ei c e Rio r s:{a yes i+ s Chapter 22 of this Code 1 ., statement which demonstrate- r TeU - flowed-by --th-e proposed PUD rezoning will be compatible with-1--t-& P- trrn .addition , a detail-Ed descriptio=n e} how-any-cont icts between I d - 1s ithtn tie PUD District --are- -being avoided or mitigated-and-can-comply with- eetion 23 3 5 . A cr emeis cernons}ra_e,s pow ti e- J EE e terror+ d d tie pro d PL on1 -will be carppaiible with land use sucrounetng.-t-he PUD District. I! n -add-it , a detaile, description of-how arty coafrw � PUD �e�r� �� rr� rt� � �l r�, r� �� r�irti �� een land uses-s&ireunding the PUD District are g ygiced n mi imated , desorption of each business-within the P-U-D_ A description of all buil ing•s , structures ard open storage areas, including size , floor area and -he ght. A description of-the type of RE I-BEI4TIA-L- -units within-the - its - -d sc = pti • o h - cf-ty-p -o-f ny -pub ie and-private-op-en-space and se n - of blic ry sF ncluding parks , recreation areas, sonool sites, fire and hh-e-r-i-f -suh-s -tors anc stni .ar L,.ses _ 8 .d, sc,r p io =t- meter source and--system-ard anstatement from the representative o the-aro+ o +�-water s• st lotich demonstrates- tat, the-water-supply qua Ay cn +d qua-n-tity are sufficient to meet the re-quirer tints of-the-use-r6-within the PLO. Digs:rich: A Jistc- wit residential USE-sha- I be-served b ,-- UBL-1 TE-R system . If proposing a-slisster PUD . see Section- 7- 1O- W 9 . A description-of- the sewage disposal-fa-oil-4y ,_It- The faci-l-ity is a sewer .system, a statement from the representot e f e-provider-of-the-sewer system - utility which demonstrate a••d= spcsa sys +n wig-,ae a • serves - -he -uses within the-P--U--D- istr ct,- A de - + r+ -. ctio r-at-ola-ss+fi t-ion p w id-t--h- t-r-u-ctira I capacity of the STR : T w faci5it-' -s- -h- -on -pro-wide access to the PUD District. If the street tier°-hi- r-a-y- -i-Iities providing access to tie PUD District are-not adequate to-meet- he requirements of--hhe proposed district t4e app iant shall supply informati:-on which demonstrates -thy- R - racial capability to upgrade-the STREET or high ay faciihities in conformance with-Section ection 22 3-60 of this Cod- is s, r by submitting , with-the -P riot-a--p-p-ti-oation ., a separate imp -over its Agree rat r asp-, ri rag -t ►e proposed road improvements anc--me-hod of guaranteeing instal--a-tior of said br'nprovement- -in nty---policy on collate-r--at-for irecur riets . as we as in conzormanoe with ect onA-2-5- 10 et seq . , and th-e- rneering ard Censtr+ t1cn Standards in Appendix 12-A. The agreement sh i e-used-for tie purposes of r v cw, cyan:1 -tlon and complianGe -wcith-this-Section44e rezoning stall be finally approved by the Boar-o-f County Commissioners-u- the applicant nas submitted an I Tborovements-AgPeeme.nt or contract which s+ -ferth-the orw o Imo, 1 -lam guarante-es a-nd is a-par-e bt-Board of County Commissioners- 11 . A-s -s-urve-fir and study of the site proposed for the change of zone with a slatemn-en-t reg-ar -i-ng suitability-of-soils to support all USES allowed in the prop survey and study indicate-soils re limitations :o :ne cons: mction & C-T-d-RE -or .. • r TI it IY1. Iri� 7 Ion ►hFhIrsi5 ri me strafe at the-limitations ca n be overcome . This information will be forwarded to the Colorado Ge-oIegica-I-- -n or evaluation , ation , 12 . 4f, acoo 1-ing- o-- neps and other information available-to :he COUNTY ,. the Depart 1a-;44ne Se rkF, vies determines that there appears- e a sand , gravel--er other mineral-resource on or under the , the-applicant strata provide a mineral resource statement prepared a certified Chapter 23 — Zoning code updates 3/6/ 1 .9 DRAFT Page 95 of 246 geologist or other g - :. and ind pate ie ec - feasibility of recovery, now and in the future , of the resources so t1- at the Plana-i Con- misston and Board of County Commies I t . n _ r • = ,. _ 30, I- , -T-Scc-te ' r , rd on or under the 'sect -properties, Tits information wi De forwa t eci to tie Color . 1-3 . If the change - of zone s Ira:ec within a SPEC , L FLOOD HAZARD AREA,-identified by maps o roia y-a - op cd-by o COUNTY - how--t#how—the COUNTY supp-e ientary regulations concerning floodplains have been satisfied or documents how , s-tio-meet the requirements of Article-XI-of this Chapt+ 14 . if_tie proposed-change-of zone-is located within a GEOLOGIC HAZARD AREA identified by maps officially adopted by t-he-OUf T` , the applicant sha submit info ation which either oc menu � ow o been satisfied , or de, + o • '&? pple, rat inten -- • 4 suppler er. tary. regulations concerning -EOLOG -KAZARO : 15 . A sign-shall be posted for the applicant on-the--property under consideration for a FU D Rezoning . The sign shall be posted adjacent to and vi . 1• rnaintained road right-of way .. In the event the property under consideration is rat-adjacent to a publicly maintained road right--at-way, one ( 1 ) sign shall—Pepe—s=e—id-i-n the most prominent-place on the pro pe -d-a second-sign posted at the point at--which-the-4riveway- acces -drive) inter-sects-a -p- -b -k Iyrnain ined--road-righ-t-of-way : The sign s-hall lae-pGsted at least-fifteen ( 15) days prior to tie hearing hea-ring and cW need with a -p► hot raph , The sign will in o- i 4 . • a . PUG application number. 1 --0-ate;place and time of public hearing,. G. Location and phone nurnuer of the public office where additional-information-may be obtain app ticant w=-na e, Size of the parcel-of land . f. Type of P U D request. g - --Number of Lots: :—A- :rirec - s l -narrosr ,r ass t Ce ty- ssesser of th -ow-n+e pr ,,Y* rt r d fi • is °-vii�ir. -T fig1 rid- - 500) feet of-the-property=s a eot to the application . The source of such list shah be the recorder--the Courq Assessor, or an ownership update fro -a title or abstract: company or attorne --derived from such records, om-the records of the County Clerk and Recorder. If the it . bled--from-the records of the County Asssssor , the applicant shall cerly that such list was assentle hie th (30 ) days of the application submission date . 17 . The written certificatlon required by Section 24-65 . 5- 1 : .s be submitted on--the date of the initial public hearing refs to-: _ � r. P R . . 8 . An a.ffic avit istnq he r" es and a .cress+ of a-l1-entities w h--a-you ri'ty interest in the property being considered . The list shall be compiled from the title commitment issued by a title insurance company or a tit! + - at orney licensed to practice in- the-S ate, and shall be current as of a date not more than thin (aG) da r • to t- •e -t - e application is sub 4 4he D • epartr, ,,� f Planning---Services . 19 , Such ,additional-{-n-forrna-tion as -r y - nt-of-PlaRn4ng Service—s , the Planning Commission or the Board-of County Comm-issioners in order to deter-mine that the application meets the goalst pole-and standards set forth in--this Crk-apteHrmChapter_22 of this Code and any other . •a 'i --Y effect , & Planned Unit Development District Plat . A PUD District plat shall ipe d i • • 1 .. � Myl &.r ( riot q feet, �e -- ;-;--o- - �r � with an outer -r era by +may-six ( 363 inches , showing-thenfollowing information : / e 1 . Certified boundary and tract survey of-the-pare , distances- o- the pert ter boundarylines or along--t-r'act-1 ouin-dary-lines-The c osur-e -r- ► 4he survey may not exceed one in five tiousand ( 1 : 6 , 004 2. Legal-description inc, ud ,,ng, `eta arm invo vec , as certifiec D-y tie surveyor. -Title, sea + and north arrow. 4 . Dare of drawing, 5 . The following' certificates shall-appear on the-map: a. Surveyor' s certificate. b---P-is-nning Com-mission certificate,. Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 96 of 246 c.. aoard--of County miss+ er - certificate : 4,--Property owner's certificate . 6 . Th-+ -proposed location of land uses-14y block . In uoie blook-size in acres, gross density , number and height -of --ea h-4ype of RESIDENTIAL unit ap r-e imat- ft r-areas, height and-type-of u-sic-&s-es, GOWER-GI L E ; a n4-4144-4 -atio n of common-eSp►ubi io parks , s€ho l rtes a rm-s tar USES. 7 , The proposed-location of-the trafll -cwcuzla=ti , ' • s ay width , road-surface width-and aooes o--public-rig•iis-of-way 8 . The location of---any existing-easements , rights-of-way , struc:yes a lc uses w : iir ie L.:D Dist-G:7 i it -1 ueRs; tank-batteries irrigation dit- -- ater boc es , ra . !aoac, trcccs or ewe. in -: g , _ any-otd er i-rculat-i-en- - t-a- or trails wit- the--PLC) District C . Planned-UP it District Vicinity Map . A PUD-Di-strict vicinity mad--s-h,Qi be col. ink on rsilyiar (not sepi } le of one ( 1 ) ii.nch e u - I undyed 200 eet,, corn posed osed of one 1 -or more sheets witts an-outer-d+ en6ro - yz r 4-) by thir-y-six (384--inches , showing the fo lowing. thformation : 1 . Awoutline of-the perimeter of the-propased RD District 2 . Tile . scale and north arrow : —Como lines at ten -foot intervals. 4. The-i-dentifioation of all zone districts within one-half ( %) mile-of-the boundaries of-t-he District. witin ore-half (443 rnl1e of the boundar4es of the PUD District, 6 . The existing street and-highway system within-one-has -(Y2) mile of the bo-unthries of the P" D District; +noIudi ng road-classification ,, rig f ay- i i-and--road-saace -w ft in-e-ra I resource areas within t 8 . The Ia ion-of any E+ L- -ICAL-H- ZA- D areas within tie proposed PUD District,- . The location of,any SPECIAL FLOOD BARD AREA W+thi-n the propsse4 PJ D D strict. 10 . The location of on-site- detention -the-s � r ding notes indicating the approximate- area and volume of the faci-lity. - Tie to ton of any drainage- a-ys - in-the-proposed PUG Di-ktriet 12. The locatiorkan-d-identiffeation ' any landscaping plans fort erinneter of the—proposed PUB District D . Photo I echa-nicS Transfer-( PMT) , if required . Sec . 23 -2 -700 . - Duties of Departmental Planning Senrices . The Department of Planning Services shall-be-responsible for processing-all appki + to PUD District-The Department shall have- the---responcibility to e- u that all application procec wand requirements are met-prior to an-y-efficial action . The duties of tie-Departm t-sha! I-b► - e i �' f- � . - . � . �- gam . A: - P-Uzoni-ng-Application _ Upon determining that-the Change-of Zone to a-P -D Oi t a--application meets the submit ta4 +e . uireme t ect 90-above , the Department of P' ma, nn -Services-s-hatin•stitut-e the-Change of Zone procedure in Section 23 2 20 above-, with tie exceatian of sign Resting won is fifteen ( 1-5-) days prior-to hear 8 . -- The--Depar-tment of Planning Services -shall povide --reoornnendation----to- the -Planning Commission concerning the disposition of the requested Cha -o o -R -district. _ The-Planni -- orrirnission shah -hold a b►-lio-heron-r +a +consider-an apOicatlon for a change of zone to-=a- RUB Distriet- B-r—T e-r--1 ea °��, li i�, 1 I �,I r� fil rl °oo n-sicler --t -a-ap$ti+ tto-n for he h ng o of zone to- a �:P L I >.TrTT'T`C�' Pi District. Artic es IV and V of t-hi-s Ch , why a- l•icabte,_may also berev Commission sha I provide reoornrrendatio►ns to tic d- -C-orunty Commissioners concerning the disposition of he e ue s►te+d= r•fget -Such reseremendatiowarsh a[r mad ► nom ix 0) d-a-ys of th in l-h r-i date. The Planning -Cornrnission-shalik-recommend approval of the request for the change of zone-of--a-PUD Distriet only if it fiords that the atop ' -met t wo n+, erequirements or condiV -n- w and - _ n . 14s- Division .--The-applicant- has_the----bur-den of proof to show-that the pr .ac an ditinnk l�lf ti � ;� ' -ha!avii Ar'4w1-S-Pn� 1 ! . �2 C f' am " 3 2 77c arc me me opn is r� R 4.P• . . Y u l . P . ..-' . t.. t$ a P aP v P a to PV tJ S Y 0 . PV . St . , Lt V V Y LA * I l'V L •� V U L f 4+ 1 4 Y !-. ti..Q +: A '�rd 4J1 I Sr X 1 1 ti.• � . 1 1 1 5�Pr 'Ld�.J� I 14.?i..i 1 9 Y shall demonstrate : 1 ;: That the aroposal is consistent with the Ch ter-22 and--any other-applicable code , -oyision or ordin in-effect 2 , That the USES- which = -I d - rtirte , , sod- PUI-D D&slot ° " the--Performance Standards t ea D-- , ' strict contained 141--Section-23-3-420 of this Chapter. That the USES which would be permitted shall be compatible with the-existing or hiture-DEV LORM o� tic surrounding area—as-permitted by-the-e astring t-u-ture—DEVELOPMENT-as Chapter 23 — Zoning code updates 3/6/ 19 9 DRAFT Page 97 of 246 pr -b` 2-acird ! w-pr-e` `s- a- —erdinanc` + e of or MASTER- -PL.-PAS rz a --rte i fi - -I'es i 4- Th d -t- ^ t- id-sewer service- r pectinated 11 Air ITTT�LTT e P I C �f'A c Lril Q U L D-Gistn 4`i'h-Fe 1 - tia! J `s1'f erlF= r V ed" 'K:+i` J 1T1 ,ate Y- $ys4em �T a^`�� {��iti©s YT1r-n� ri� i�,r'+r l"'��13 Y'." t� tI', c�._ - o . g - . l I l t i - l' ac e -to- re-pc � width-- n `t> t I-- p-asay-t rn t h on w"- � �I r°*i I i+i�►� X31 P'C'1 �� ,r^I�t'11 1 �t� #h � !'� I i�� i`t "�I the-event-that-the-t -e -SIR •r ig i - , 1 -ap l�` sha , , whie demonst -1• s-iff �}�.+r�{ ,('y �{��'y^+��jy��{� ��yy��;�([[ •�- yy j f},rd� T h�a e �hit�Il 1�►.r� c h �h 1 �c c 1 lam j t ' rti ��y] st . LTV iS I I II Lip 1 --q'Y'TtIT ►1L.,tiJ 1 �- r �J''Ci�..e�-I i _' ,'-TD�'i n b y t C i n` , 'f"T�l-- t h - l-D D1 st4c Illr T 1' lu aL sal` I-eff—s s 'w' i' • 9 f a 'ih 1Y11'rpt yemen wa aeWti providing----tee S -pry-p r-y1 - a e-ivirstallationekg - e - �� - .� a proposed-off-site-road-imp : - �= - � � iaparkk- arw-o d + navememotpropes+�: The-_1r i� T 1' ti7- 'mil ai -an e s a ice'n or l' 7 4 th4h'�Ul gisa- �'S r 1 '� Ff'I I I 1 Y"7 P'�IP'y I i'L T$oc i r 1rsnl a rit-s An_o si- e r 4-impf ovement-p o- l - u s e fort e rur criplance with- is Sect'on Thet-thepe has been compliance- -I# a-1tle-a- -p - - -[ L ' T-he—a rats c y I J ew f r7 i$5'A�`4 1—th a U and th r - .� rt�,nli � l r��r,.r � a � #ha f"1era�I- Co -mission--an - : e`ra` on---contai-ned-in- � . -lob-I•-nc u -th + + p art- -nt- f+-Pta- � s. '�7ervice � as"�r i T� I G'�" r l-of__ ou19 +ft rn I iF'Y� 1.tv51`#�` ti h l l fl"1 1 F 1 ten- y 1-Y.er-said-rw me1-1'4 AGGt7'Q'i�T fiGi been-made: , ,� I..+►��tf iming-C • m I ►i o ry re r-r�me ttot --I c' eta >1^Y+r+�I' i r~ r rT Yn v r�Y a E{ -- ''trf - t`in-a p f-n r t t h,o I I h l i r+ �l i rZ n rti t In �a, nr-ti i r+ d-=of rou( -_ - -. .a 4r1'E 1 n--the-ten-day p ri . -1�--+ f l' -t' ` I-S'H' iss4en`-'e pp h i e► De itm t o f I I a t ri u g-S isitc.- lrti rr eYrS 9-Board-of-Goy a1 rn ilc c i b I fechehearing--to-- -Rsida--an-a -licahoti to 3- P I. I t D i s t.T'-- "` _': a • • _ 1,11-{ - �{ ti r e� a Yn y P-U,[ I-o-I - P ut I-N- - - -I� cr flf—t n-d r�r w . - s-a-e c u i ih—theJ-P1 strict B1---U `I - Pla i- - - ,4s S4eG he boar t-'Gout rr, rTii eioY�ar�c sI IlI iris+ifn Yte - � r!nrrrr��r+.�►r the - i i -A-f T e R oacd`o i"'n i ssroner shal khG a-pu L'`_'r I i '�l'^ -ari dCA' t4a-take--f-li'n a1 aps� rr �rti T h�, R r�� r-r� �t F� h� � I I rYrti X71 I�.ra � r�,®�+ i `m Yrti "°a Yi'ti t frr � � I"ti rti,I �'+ �I t i,r►rti �A r i+ c re o n . -o ti i- rte,►T Alf l l TTT T� — �eF' ��i 1fT-t h rd rr4€ C , . _t y m r-russ � , � • • C�� 1 .. ��{{m sic , tom's'-pc eyn- d -the timniing i s case file , The Board of County -, o m =a n d- .�n..� - 1�` /n yr�fi- F1 -1 1 1� 1. 1M P � / �U1-d!�! e-apptica n.' I'l,as th L`7 I"L 1 ,Y rd 'f lr l- to--.s h''soj 'i'TMi GYndIYpY �' Y ''1r'" • Se'Y an d-s ut Y a'Y r r ' t- I� s�.t'rate . effect_ the i •- i i �.: 1�1 n ,.r m h {�{.}yT'�`}��'��{' �. .a - .! i .!. .. �' ! !�. T- +!•. !� 7. +.. 'T — f Y - Ai 'S !. !• 14-conform �.1 Y I t e f . I' \ f..1'1�tl. d1�[ y Y>i - li ' - - " .. • - `Gttc n 23-3-420-of-this C h iat rl- 3 TI-i t #h,CI I I 4-shalt-be-Go- e i of s1 it e di ig. -acea eu - by -the - t ng z # g;and-with - -as prof e1 1 c--2- ! r =a 1 y other a p lica ble--codes -{ r-GA ale i• Ta�.+ r SI T NS ofraffected-monicipa Ries: 4— 4 `-�.I�a�I r Yn - �v 1lee i- l rya r le-a ra i 11 i-- `-- • he USES permitted mitt within icy • � i r�l r5 #'r I 1 1 ` C hi l b +c.anit a rl f� ► witN7'1 *h-- - ' - - - -. - . _ _ _ _ - hail b a r am -,r -{ -- U-E t wa t- r systems That r F T r h i rn h Y .h1 Y, ay:f a l ' s-=4Q- `- rciper�' ,��1- I t '�rY I �- i ssifierationT =width -and-st haLtraffiG4 ISE ►=pc poseck ' -tr-ic th at-tte- �REET + �--high a-' Ii ot-a deg ua 1 ,I a 1 Y p r+l Iti r i �-4 r9 e c r�ci �Fi r i � ��+�yy,� i � • [� r h • h 4r►r a z' i I It 1 a #F ti Jw 1 h Y� li �"I �i'ti�i J'1r f"1 ��M°'S, � Y dh �'Q'fi't �'�"� �-��r rr�r rnTr� 1 - j 1 s, Jlr � e , j the o—dam �te—I�� N-�- -� � f�i�I �--�'�' terminaukanii r—Ilighwa "a t Ies Chapter 23 - Zoning code updates • 3016 / 19 DRAFT Page 98 of 246 ti-stied .isftectatan ,: . ' propose eve `M'ts- a a rl a ss r r F-edl-a pa n-y' c�-��i—�I r - i - rn i r n c In f rw r► r a n a c I The-method-a _,.n.r-it t CL T-t-b -- 't c ' d ig-co41a4 r-a1- n i{':ey road im ,cerat nrrtinrtic I t- e- poses of d ,tur- r,th ng-c-o-m-g4iance i th1s eion has bnn p[ta nci e-4!'R 1 t h e p 4 r e g 1 I 1 t a n€ B .5-01-1-1 is F-rng-Gakiter lay-distn G - -R T ar i-so i I ,moo nd t on s c u_4h►e subject, D . p -1 eakar4 =COO I omm sioners i g- sr t l io sirl-g- cthl hat-dee+s l b -- r—a t + - nd=sign h do --an rr a c o r^ y o f e-r +k t u- Io i-''d il l-b '-- ` -t: -+r-hie- f11 o 1- tta to-the-Boacck "�-1 p-y +� rir-trti f�� l� r-ti� � t3 r� r��l f� �Ca,��T�T7�T�TTIFss..o1 rers� �t IreF a fl—rd`t-he resokftion CalTt: if ham' �r �� ,� -� epar₹ -- : ! - I,a n-A-i e 1G -s4;a1-1-erg ar - ar-the County-at- _.. n d r� r, rrr r - }r 6 ' -rez onm gimme+ - to u po n the---- g - Ir- - Inty 7 •..• . inners H L11.E1� LfeF' /"� I I +� on -�ld-#-E_fLrTf' _'�J-permit-r-�-i -sh -t �1=gs� '�-c�rn-�r� r-1 n 9-1 � �'4� � � P -��--�' �.��'��r�� .n'- --��-� w� y�ivw w 1'S� Y 'P l' � S'• � w � ! Srl Oi tr - ' TI„ � �I �a and re e -ty- D e p + - ti - e ms ■ .5 e e ■ • r lt-a-r'i=-app - ton---fob- P U D- I-r Ip r I d - tfii - i.a r3 i s `th4' _an--ems+ i s t'i ng . � p 111�'h f� � � � �, �� ' ` r�� I �.� f'Imo,r kri ct r a 'F , r ra n m rt- t�t-of , i st- t.-=-- tie-sir ha I be de -tt - 'tet ancl-descr b 1 -on th- tc-+ I +r -co 1 --i of rF 1 + , data- rd-- apsafe-mod- waived -pant - : A A_-i-'-Reci-Do t m-en-t-s:J -copy -+or a-' #- - a i t ed b a t su-r n cry c ,rly-- an-a torn--0 ofriptif-thettle--wfmcb-shall - r listaialkinel-flolgages;fu entsrsentraert-sr-acH4-agreencients--ef-Tecord-in---the COUNTY h is -s h -the r P I a n I ,e,-, >S-op+ n- err G - - -l+ olscT e i ye t�7 p`Y T't� ,�.4 f�' e r o r lSI k1111��r■�ayr J`tif s 9 c t r ,!L _ _ Q d �►,va �a yn�y � .a��.e� Y 1s ss.�'1� '. ��i 1 I�L� �.L.+.. �-s�.i � 1 F 1 V� �T�'1 Gontr� rtes F1i r i�I-b Fa:4 f nark r, Ili- t +r -appl i b� ' o'rr a thashat l acted i rpon :1 , tF►e I A c e k-rit t' co- tI -$-- ' U'BBC-d-ed > r a , adsi-parks--or-other-RU BL-14C-p u Fp o c e ri-ett e r_ 1 -'-h p'r-+ - ---U -r agenciesstatin h t-the--d d r gated--1 4s w431 e acre. ted C—ASot ei- i ie do ,urnen-t-redy to- x i 1 ¢ MrF-� i , r�l r�4 tr, ■ �r i i. -1, n_ EE- �- - -are- b eld Gel* n- pope rty ref the r�rrn pope . „�- ck LI-D Plarl r of i ca to-fr l--a-- a l ified---en neer- 'es-pon r-th e design—o— the—tit—+s, F. -a f-d c r i n I r k rl i rt # o re r "tr red-by -t 'a A- ' i nL ti r if r-L rrL im i �-+ the-future u n-sr�.r, t . Improvements Agreement- , -9-F - - � 1� er ai r_ I mprove,ments. -hii"s p7'm--`-,a pro d ed- b y te- 1 'G i'�"r a ��1 D"T n i a r` Y c e s QTR -sh i a d h e Ire t.f"t ' nice ct 11 a-a-- hh 1 n do t k P'1 fr'5 2-3-30-'off-'t i s C oc e T he-a l I u to ,r�,� r�r3-;�`car le ocm t' ew— v`s `n ts- that- p l i ►tt f� 6er__,-stru mid di e-t t°re 4F*r-� I I i r I tier 6^t 41-w a ar r ai i t !Tattle n-of-irri-proveirrieflit or i f w i t it-Fad— ° c s-tray-the propEst t t1 ti rr3.re determined-a ua --a`t=-atin q I Ili f� istfiet pp h Ga- -beam e-a l " d-i-r r ve-rune rt n L rdl e r' to-con-i ,r l y mth-Seion 2 ` ' _ - - --3 separate-off-site 'e`et prr- I s I', I R b '€fib e-af ' road ce�x��-. p,osa4-sh G`r - !#t -- y p o f o -siteSm-s to dente WEE - ■ _. . , t[I [I-be-ad e-q-uate -m-fET,u n t n I r5 I r ahh • � m r�cYf tl�, � t r ' - t r --r . u i--re m}-r s- r''--If- re t sof glika -- to Feed im•provement -s IIPe--describ --a aSemer :: Te a4-- f guaran - 1 --c - -r- + - - +-C - T -- ' -r' ar i-n --f -mprove-ment i pc of— la- a p l i demonstrate - o e es I It;- u rsuanto t i,c,w, '1 � � `I �► � r i i a��.r-� P r'ri r�i"r`1,L �a r�r � 8�rg", �► ry Secs s .r i+ iudi r' en-t-s-Agreemen th tot I a r 1 1 _I I1-'1 s toes total n u r Irw1 � � t-�- �-� �� r-�� u « ,� >--�-�bra-�-fi-�-a� o�,� . - th1i -pa4i la-r-tape- -pre -a m ,.r , o ererial- and-icKlustinial floor-space in-square-feet Theis -spaC- - -- ,- e areas-anclicackag ar s 4n-square feete Any other= -4 -f u -- ter � , �, ,� ��„ rested- ° p er Plan-1 ■t, I �r' 7 M 1/ � � ��' � 'I 1 Y.11 L U 112 L o L LJ area-U' t R - P I a 1 . . Chapter 23 - ZonIng code updates 3/6/ 19 DRAFT Page 99 of 246 ---Astatem - i-b;T w -eac volume tb na cte44 c nd mod--a- I-- riat ESt lish-r nit- h-a- -s of .-- us+r -f - : , i s - e - ; - e=nu m er ofLempleyeesrexpec OMMERCI = r ►'-ELUIN, -14,4 crh- -L- IN s cJ - T -T-1 R--,s--a t4 I - tNl E it-h1n-a- jacen- -1a4heal Jat—wh !h - i l'9,cz ismt ut if o C IR E M r -G—bet e n I L-D1N- - 1" T C T URE- -iw � of r-ti r►I�i r g ofi1 - tib-1-4-I- emen t w h i c hd cri bies- -h rape e'( tr-eit — f t: -per--I! ro e�I 1- i n:r*I u i r�l i r-r r-n r w< tsrii l -and-te chI'• iq-u cin a c a r c c walls m.s-a-nd oth I ► E',11� + C }� I 1 st•atE rn►r3 n t r+nr - cation--a n t j -thee4 se-o- -a ! --pub I-ase-a-R d--semi: I a +rig--parks rear- i ► scho I-si t- -s - #- i i , -s E T'll': c p ■' I'7f7 f is o asement s Y -rest 1 4on ta u'V of-th [a.l 1 d, the—apps t d tes--r-he on ~ fl T i r3 rr�rya r d to n�rl . ups si�ia fi rite—t h —stage` fin- hi to DEVELOPMENT kb true the u r oiF I 11-I i r-r" c -t-a ) Ea: -T- ancl-thesznieu CGIMMON-CIRE4,1-SPAGE-to-bencampletectsateaG4-stages +mot erel�►rr< a�ril^�►r of T�� t�+�rrtn.�sririF In �!ll_ ' rr�lr trl &t rnent -the r 4hothof- i nga- II � • s , , c t r1 r^tirrtir^�:a�ar� a:t � r9�r^I rr31r~tar�l f�r�i � ,a r° ��ratr� r �; -- reset-1 - and-- + st , re - - e ; -44; a-a-- ed ST RE E T i; 1- s--ai- f 7 1 r ,ff t rte t ,to I�r,T � r r i t s 1 a I I b e-p,F a ' , Ig 4 -} P .t^I a fr r� I� E-e► � Tar r -,T ' agree, u„ o R treatment--494--ally-p. ally- rtir .,n- f+ fr r the location of the r im t G + t . n- p rt-s4- r ng a rea to abU 4 -er-the-p P144; Division-for- reviewd ar �ali. r �tir�r-y e . e sp ++rd i#g-Pa I---I-d e i s a- Ion i '.J i i urn b e r arc'c a m ed by the ` Count-H t-he-owners-o e-p (t�h - ace estate )I [thin five I�t.�- dd re4-( ►O et---of t-he I " " `''' 1 - h 1 �!r~r� r ref i = r i 1� .r-t r � � r r i�r~t t-�-t-h�G-��; �+�- �''�" ≥r�� ast� � I � t .�. . .� ,. - ' - # --t a I 1 1�1--r car - T '� '. T��•�'-r records--of the- -t- - - e rl nd- cord e the-4sts e bl from-the-fecofcls-of-the--Gounty Assessor, the appli -nt shall cep-t-h- t-suc- -I -s+- w - _. _s +rtY )- -s f t I4+ + -i -r -d, te T . Thy- -ritten tifioati req u ifed- by-Sect - - - !� , f , ' , ► ap idic a b le ich ce.-, , +o _g--be icy p rat -tI a date ref-the-initisI public 1learing_ref r'r. -t -- fn Sect on24-€-5T5--1M3(-1-) -C-ft-ST A i _rr _ . a � � t r-�f 1�1 � r-r rti i � n a� ti ti i 1'-r a ry;h_ - hr ez,�:ra� �n �ta.� �f 1 a �t 1Fi fta�n• ! the--De - ti-c , C h Shat!-G 4E at the- sign has- _ - i-I - _ ar fig-d,at---and--e- -deny _a r'SFr i al-�--i-I u to � I - �t� � 2 -_D ee-a 4 u I a a-=- -Location-Hi-- t n I +b o .,c 6 a- -+iernaH -forma4en-Fne ►t 'r-mod: 4Appian+ - e rtifir vey e w=I hin n-subirniattals. Sec.- :- 23-22---7 IO . _ I11ustrati . s . Illu-s-tr-a n _ _of-_t a 'ropose rr- 1i dt ti- trtar e-f-l4us-tr n co'-f i p-utation ! ' 4a a i ; t i i a • 'SIC' colf94r SGaI r �i-1 coordination of BUILDINGS RfNi S and ' Ti it l.�P� 'f ff� f= ; #1� error rn "�'-' I -uses-stallbe des e h�i r-tilhtiiar�Fi� a 1.r n tir • � e�a..r i � e to T T-T Ins i rat h.� r+ls�r � rtia�l � r ir� r�r•-t t4- D PIan r- ri tar- st rigid -ri en--scat le- Veer 23 - _ ,7•, Mae u-A, f -ty-p-lan--mapatt- stst ' � ', r�+ I: Winch equals-one-t- -nod h eg a I s tw n hundred f 2 f1 =1.--f "` om r-. o.sEwa o -r- tec 'd 'n'e `5 -twoi1 "u � hi i ( Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 100 of 246 1 . A utility-plan-showing the easements-far-water, sewer, electric , gas7 telephone -and--any other utilities within e- U e -shall--be- designed - -meet the ; rovisiops-of Chapter 24-of- this- -this Code for easement standards? 2. A utilAty -service statement block sh-all---appear on the ma-p- he =block shall identify-each spec+ai district, municipal p� rpany-intencled-to- servic-e the PUD . The block srM44 i t a . The name-of the utility . b.. A dated signatureand statement from the utility' s r re of the following ) ubject to specific ccndlions ; or eMce is not available for the-PUf In the event- um e- dic tad ,_the-specific-condition shall- -describ d _ B . Pans-c p-r iIes- -and- i•caI cross-section drawings-of STREETS , h►ricige , culverts - and all drainagedatent-i areas and STRUCTURES _ These STREETS , bridges, culverts--ar -ot er r ina e t Lures shall be -desig n-e a structed to meet the requirements of-the-Gouty Construction Standards andChapter-2A of- this Code , Pave; ;e t desi n tatdons aid drainage- desr- -scamp utat.ions siall-also-bessubmittect iwaccordance with Chapter 24 C. A grading and drainage-plan--map shall cons ',st of a drawing of the R D District an-d-project at a scale of--one-4)•- - • hundred 0 )- - ; -cr on ( f ) n ch e quays two a rid red=( f-e-e-t,composed of-one (44-or more sheets with an cuter dimension- c t enty ; our (24) b airy- x (3.64 inc. 1e showing t e roll • _ etion 1 . A grading and drainage plan indicated by solid line contours su-peal posed-an-Oa-sled line contours of sissting topography=for the area of the Fir-04- Plat. Such contour- shall-be at two foot intervals-for predominant and- slopes within-the tract between level and five percent grade-aid five tot contour--s-for predominant ground .5-topes-within the-tract over five-percent grade. 2 . — All ATER OUR -E - ors the prop-erty--must be ski-owr a in addition , al P—' AL-E - D HAZARD AREAS must be delineated: 3. All drainage ways , streets-, arroyos , dry gullies , diversion-ditches , spillways, reservoirs , eta. , which may be Berated into the__ ormwater management systerr~-for the PUD shall-be desi-gnat-ec 4 . All-iPigation ditches an -1, ecel. --s a lI be shown. 5 .----All-required on-site detention areas „ ; nc1 g-notes 1n n -1 -e - vo u o the facility. 6 . AID-plans shall indicate-the -proposed outlet-for the storm drainage from the-property, including the name-of the drainage way where e-oprop,riate ;the downstream conditions a nc any downstream restrictions. 7 , Drainage -design computations shall be submitted in accordance with+ Chap F 2.01 of this GodeT —_-A---_ANU - E--plan- map-conmistinp of an overall—map with detail-design area= -i +terost at-a-staz t1 inch equals twenty-{-2-0)-feet-or one ( 1 ) inch-equals -forty (f0)-feet-and-l:IU lan at a scale-of-GA a ( 1 ) inch equals one h u n4re-d .( 1--00-1)-feet-or e -� r a , , .-� rs 4 o h u ed- n eo o f-oH, ;-more sheets tT � oeet, �� an ou Edimensio 5 - .y-sixx ( 6) inches - hewing- the information : c s • . ng tie :reatment of exterior spaces . The design objective of the _plan must be Blear and supported by .s written - statement . The plan must provide an ampI - nt-t -e-r -w riety ornamental- plant spapies w ich H r ed H =suit-able-t n s-climate . LANDSCAPE tre ent-must be balanced- With-bot =evercreen and c o-u--s plant material-with sufficient use of upright species for vertical • tr-o•1 nl--material-selection will be reviewed for adaptability to physical cond Lions i- a`ted by siteplart locations .. The LANDSCAPE plan shill following : a . - -Extent and location of al plant mate r-_ ' S. -Plant r ateria -must be identified by direet labeling on the plant or by a clearly - und-e sta-ndable4eg b = Flower and-sh-ub---hey--o-efi t-fof + dust be clear— drawn-to--scale wits i dimensions. seiesize -of existing-lint materials . d--Proposed treatment& all ground surfaces must be clear-lyindi'caaec ( pawing , turf, gravel , grading , attar e--Location of water outl-ets4 as of clan in re extensiveplan-s for an-under round sprinkler system or suitable alternative wll be requi • �r I Riantimaterial schedule with common- -siz-es , quantities-and method of :ransplant: Plants must be sized-according-to-the-following Table 2112 : Table 3. ta.r •.ra 'e ifLeatite SAW :Standard deciduous trees 1 %" to TA" caliper ' Smell ornamental & tllowe-ring trees e --i ' " caliper r Evergreen trees 6141 f neignt s Adequate size tee-be-consistent with-design n intent, 5 gallon can-minimum Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 101 of 246 g . Ii psant materialmaterial- MUSi-Pneet-specifications of the American Association of NH =. • f One-g-Fade- -trees-must be balled and burlap-ed or the u en - No- bi 4d-ing perw4t sha1i -be -issued for any building or any portion of a PU --un-t the ping required by the LANDSCAPE plan map is in a - - +e ms-A reement whi = ph swith-_-tie requirements in Chapter /1 of-this-Code-has been exedtac , guaranteeing said ianoscaping E The final PUD Plat-shall- -b +rcrnents . This map shall be in drawing-ink on- Mykar or other material acceptable to Tie- D = 4anting --Services . The dimensions of the map sh-a -be-thirty six-farefinehes wide by twenty faur--( 2/1 ). inches-h4ighrandYprepared at a scale of one-(4 inch-equals one hundred ( 100 ) feet or one-4*inch ,equats- 0 hundred-4:204) feet, compose& of- e ( 1 ) or more sheets-thawing t cation : Title , scale and north arrow _ err- pwItnumber-and na e7 a . The cate of the drawing with- equate-space for revision dates . 4 . Legal cescription , including-total-area involved as certified—h • • - . ant address of owner 9f-4.0c-ord . 5 . Outline of the proposed PU- -P 's perimeter , and a certified bounda -and lot survey-of the parcel under i • and-d-i- t n - so'utsidle the perimeter boundary-lines or along the-lot boundary-lines . When the oared is-bounded by an irr-egu shore line or a body of water;the bearings-and dstan-+ ia- closing maander traverse—should be err and a notation made that_t-he -plat-+rilude all land to the water% edge or otherwise , On curved b cie nd-S l-curves on t.h-e--play-stiff+o-ea-t data shall be wen to onab e t.laii-Teestabk- hme--of--the curves en-tie ground , This curve. data shall include the followilg for circular curves : ( 1 ) radius-of curve , (2)-central-a-n- e t ) tan- nt , ar tt+ n F n „ nontangent curves:- 6 . • lot and blocks---cts n e.ated and numbered co n seon-t e ' , - eix.&st4n g a l tin rrr os ed -f u t� r st ei-1 -out i n a h-ed lines and axisF STREETS-4n-solid Vines-for any pro rt i o-n of adjacent-land not-sub jec t he--- n+-t P U D P-lan Application-7 7 , Location and descri2Lion o= uses-by-block 'or .ot.-i-f-dyer-e-ntu-ses are located within,tile block . 8 . Location , cescfi Dtron anc c inens n-s-of all proposed and exist-in - OM ERCIA-L an office BUILDINGS , ; -T- UCTU RE ; en storage are p LOTS , COMMON OPEN SPACE , signs I -h-ti-ng advertisir evices anc any o r- op- nt,i v ment or feature within the PUD PSI bounder-y: 9 .. Location anddescription of FLOOD and E-OL—O T R - E „ 10 . -Location ard-description - ofproposed SCREENING , buffering and L NO A-PF . , .ocatioi and de orip►tior- --of proposed sites to be-re.s.erved or dedicated for parks , playgrounds _ schools and ooh e r-pul 4 ', . -Lora ion ., description and dimensions of all e-xis-tMg-a-nd proposed-aties , easements , rights-of-way , water ays 4:nd other drat- e-. y'sterrr-.e , and any---other sign-4I # r- ,- - ermi ed by • Department of Panning Services. 1- arse- -s not contiguous shall not be included—in—one-0--) plat , nor-shall more than-one-( 1 ) plat be made OA the same .sue .. -ned -b different-p-a ies may be embraced-in one ( 1 ) plat, provided that all owners--join V the decicatien anc acknowile.dgrnent F . The following certificate blocKs shall appearon- the-plat and-shall-be cornp4 ed at-t re appropriate -tire : . -- Certificate of Approval-by-the-Planning Commission-7 . Certificate- of-Approval oy the-Beard-of-County Cornrnissionears- 4 . Certificate of dedication , ownership and— ainttenaace—by parcel owners rarurn� _ SPACE , dedicati-on of rights-of-way ._ ea ,_ thereof. Sec . 2J6O . a Duties of Department-of-Planning Services . The Department of ll-be- -r sponsib �+ -for pFocessing- all applications for a PLO-Plan __The - � � i � .-,� �� the � � ,, , . Department hall is - ,- •i 4 r - - q-uirer ntss are met prior to a iy offµci!al action . The duties-of the-D- -partment- ali- be+ A1/47 --Un#Developme -t-Pla-n:- he -Dep-artrr m of PIannirg-Services shall- ensure-that a proposed P Plan U pian termin r4g-that the- applicant-has-met the PUD Plan submittal req-ui•re e s n Se o Department shall institute the applicable procedures under—Section 23 - 2 - 20 of- his Chapter-. B . The Departrrien f Planning erv1cese s-ia - pnovice-- a recommendation to the Planning Com .r -ssiio-n- co ncern i n-q the-die- -n of the requested P i D Plan . Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 102 of 246 m€sth - - I-S1 -a-p bfla ti-e rL g- -con d ar a P 1 I D Q Ia n_ r1 n r ssi• recommendations tent h 8 d-' -Geu#t+' I'=`a r .n H ss io n ca r e c,r r 4 '- -iit-1on 1e requested- P-- 0-P! . Su -s en ior- - - a lh e-m 1, s, O¢ t 1, 6 i+ i a-I- -ac 4n - e shall rer•r°vrt"rIr-,r,end lea, th . es+ acioni -applicant has - t t w4c -r n s-o r- I so t-is Secti oCI 3= -5 -this Ifl1 A I it t'ti i f`t T hi s S'. : ti'o'T� i'1 d .� cti s TedT�1Gi' �' 'QifiT�`'� iJ` U' - _ S f��7 ha ` -are-m z—F i icant- I I rl e r;fl d i l e—tai op s a i.DTs- 'oon s[ 7't -Gh °r-2"— this-Code--and -a' 6 7 a b Te- - [ v i sI r n 1,r ond,., +-non ce i n--e# h --P- -i-D-P - fir-to-- -P s t - ich--ItJs--proposed.-to-be located ILD1 lQS-afl 4-STRU ampaitible-with-t-he-existni �1, NT I ' rpm �+� pyrea a � ,perr- ittr-, S r t t itn9 an f�TT- h' � � a �L�-i-��-�'4f 1_1`��t"i�t"r4'1 � ij"'+� .F �s a D FV E I O PM E T—asiar- jetted to 44 + -ar -aa i ble---code-- ' -i n--oc efl aI ffeet e► l =TE= P- .l of ffected-r -um=cip al i ties nice ft ►ePerformance Standards outhned in Sect There-MU Irte e r-, -� r'n �+.o� t a� i i�!-, T'VTIC7� �.+'y I I'� }{� ,�+�y � � ! ' c I.r`►r-,--, �r� r-1 ► �.r�m f�--� ' a n t e w i L1-r .�l e �r -e3rrtt -Yn-fry e, 3/4 i s C h a'pte r i f t r o sa l i i ti Overa , iGt ed+-m lry--a tee-b _ e , - iY5fw'wI1 r'5 r" rNr' F1"-/ 4he st 1rte3rC� £� Ft the -RUB- Pl r and tl'5C7'i T P -i lat the he eg- 1 t} lar n-i n- o' eri C . e Sect i y-of T e If�7 IC1 r i n g C m I i ri F 5.--_, h aii fo r fi�+-1 Y'�'T_�'I ffi fiat J banning• ion- n-d-4he information c-ertitalinad era the o - c4a-I record , n'� itickidne-Department-of-Plannfrpg ni Se+rn ces-- --ase f l o -tf rd-within-ten-( 1 ) -d y-c s =r s o ir, r, kI,a ,e a-made [4 I f t he ' n� f"' r►r-r� rr-I i� � i o r-r ' � T�, _ _ � � r"'ti� �1 1 � rar� ►-�, i- mil--4a n I� i��--�--Y e d # o -I-s-eon #+ i~o,--r. , h e U i n+ ► ►i -c er-ta in specified. it - t pe 1hIr,r* ee--fo -the =hea'i g by the B ar te - t' ionera then-the-ten-day perio J1-- law n- submission - - i f th- ►lie i# er4 Deis T`i n 11'7 f'1 r`4 P res_ ■ ■ After--r— e pi I +t Essio I d ations the R oa cd o f o u rtit r C o r-r Aa place q�Fi♦h i fob} _ Set-a 1^'►1 1 I'�� 1 fi h �.� tr�9�L�►�Tpt Ci tom- 'vv�l-tY-irt i-t-�T �y`fivi� f � �5� � d'�I 9� 1� �'4►��5.d.�ti. ��['�t p r"�ir°`Y �'�f� t�'5�u `-p6oposT-v�rJi-�'�� 1�'1 F"1 t I''1�L3 P'11 11'"1 a• ,� li i1 - �r s r i :� � � r�-I it h -L II _ spa - I I•9r ate4by t d of r�� tinrti rr,f � ra � if d-E;,s, r� r'r�► i � ir, r,Ta �_ Co l i - ro-n�er-e- bl +en- Board-of-- -o- i! re rt i -n , -Id- -- tn-a w fraiae 4th is-- shed in-the -area-s- 4heP laroPosed- The--fatiti-f -, _ ■` ' ` i t cr -te_a Iri d cti a1 def ct i n th hey process. T - -te--SEh r -he t - psi t i n nigge f- -the Den-ipQr �,r n' r31n t rtif t lanal }`st u-n r-cons ru on-far--the P'I I I°"b P fl a w Ea 4if ste- f-8 ti on-2 3- 4B- - `f - ter -1"1-Fe-mil ai- i '?I oun t-y-Go'i'r fri'i I Sie Tal d-a tom' I tthe-applicationhan o- C k e t 7 a p''� �r--�{ ,.*'�, �� ST�� 1 € . �� Gd�G7 ' - s 1 f'5 1'"1 L'_3 p's_ 1T-TIfT�I'�' (.600ays-of-the-initL31-hearingatria-k-asionaposeid-Ratla sSi9 r 19-ShalU-- -s -s-r he-r R n-the-'P I anr4n e m•is en-t he- -presented a t t rh l-ic464aF n he-µnfoana Goat I;;n- if, the official_r erd - in ludes---tu Depa rn f Plann r-nw r- f see& sof i le: - 1 m srGn sha-I-l- - v e the request1=-t a U l- Pla n--- nly_if i nds4h ; ap p I it aapp4 � _ - i� �r♦ �t - '� �i _ P~ �;h �� r�P�1 I �� I rc5 rr'e,� �-��{� ��1n'� 7#-+�[T � v e io nr 2-3 - 0 `l ' '3 - - -- - this h t I-s , II-ti,l i r d e rs 2 f p ro of to s h o w that th .tand 7 O an l 2 ^� -i-�-r�-gym �-�-7 �2i►-�;-74 2-750-of-tlh Gt r-t r1�tr e taa rrr rti I i c a n t aU= ; s aw 1 Then_ I - ' .�i _ n stir r, _ � at �I o e tah ap 22--an-d 1 -- - o ►visi n--or ord� r� f effecV 2 T ese �1- conforms--- a' a T h I I Q I Q_ _PULL fl I P i dam' Q o n If-I Q T ' I I f'T I i o r l•ti r, yn,.r e, o f A a k .-. 114.. e. :._.ran_ tits- r lint e. -, t+ u L-O. -�- "- Ph s urrro u n d i rr g- -as---per re nd Ftl -t # k re hOPMEN- c proieeted by- erg a-n - k bI' - e--prof ision o r< o r d i n a nc t i r; 14�91 .A1, S T E R P 1 ,L►, ! I -=a ffee-�t --m a �r-'�'T�"1Tf!CaT-i�'G�1'P'F-�' �`i�'6f rT'rr rr�r 4—TLSere- ha been r~o11forrte, -it - e--Pe4oc -atice tan,d , rdS oI Lined -ir d i 3_ _ 124 ,kr _. s+ f b e e.r4 .moo nA- is nc e-- -I- crl o h1 C 1a p to F the--p ro�i s lo" str t UN T 6- T h. e- i t h- h e s Lau cemen is-o e. l J D Plan +ice ar. 44e-st o4ing document - r+ i h egitimate o er^n o`t-t`T' I f' a rd ref Our. y ias i oner.s Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 103 of 246 Ire �' I I. I`l I � la Ira ��r,,r5r ed Sri " be -I s d -feEthe--P• D P I an--J th or e rs a-s--a-pprov agree t isaf d t r r b ent agrac� r►ent i # re �- � t� agreements f :4 be- met" Je 4I - r, r, - nce wit is �y- r r t + pr.rtivem nt& €:After-t e- Boar --Q ty-a, m 1 i -rn i ts-f+ l- 1 t4on-- t t i n g--► -t de' i i' n H s •ref € I 1�' 17v-GAT n d �i f'(11'14 r I"'S o f I ut i on-- n"a?-!-be- k 1 n the--tiles- tl -C-!erk-t- -the--Bo-a rd- F : T ou-n y Commis-stoners--sh all--ar - or th corder 4o-r- or t+ � r-y r r-t� L�!111'x._ Q' I rr`�>, a�t'� 1'h,I r-1 �i �. t-h e-p --moo - �,- an - t-i '- app- 4 I di -` I I •1 �--1 -; .i i i i a, a. r a i i = i • .i �. i '� b i I` i r .' ■' i. -. i ' ■ - _ C CST ` P4Safa o r r 1 v'- d'--R - #str we - - - e-- ' s--d 'r t ' b[oGk-- -d/Gr-lotA thin-a-R - 1- +Gt-Sha , D is riche oce resr--a i B.A norSnen-t-te-a--t' - P I an. ry- moo- - -a-rho- ha n- --- 1 n—app D-PlarEs k l 1-be-prooes sect --a rRl -u e'r ec - 2-4 b o ve: T-Crh ii s,, - y- {� nJ t---be 1 ted--t "y rte` ` - r r - or—p►� a `pr ' UP-P i-f ' 'h-e p u rpo se- of m aj r-r-ed I-g n or ma r-��-cect a---.: The D pa o - f T' v�'1ei-Tr, fI1 atl944-e i i i i i • i nT - �-�-� - Crrd I n Or- d r-. F i r-2 r b t r-ti V 1 I e tea.r~, a rti t I t� r, i t a a-�l i r-�c1 rr-y.--, ►fir -a.p c i f'cat i o n s 4o - - ��-r��- �->v+ �� rte.-.-F-rv-,�-�r-r�.i-r-rr-rxT- �-r��._r-r ca - TtshaW e-t -the- if-4-eatio quNr- --by-en{ ' neer frig ■� _ _ during-the--ap --Depa meF t-shall-r -ap pro-ve a f-FriGGI ica bon-if-that-mod ifi ca-tio-nfldorm-to-the P LIDastrist Correction 4,e-• _ ' tii-Cra - W-s_aSeaera-I• —h -ray r-ti 1 b wn i i f 9 r-� r r e -te w-re-qui-rements-- ' he--R UD -R rt-rregula n tea. - r v caF -e a-P-U D s-'L are one-9r more-technical-1t r ved-f Li D- Piac . and-where-such- cerr- ion - s ns tel i• h=-it - appce-v-ed-P- '' str-iert- E , €'3;1 u-ce--to s 1 brnY t a-RUD-F'1an--I aLan-ap-p se r, i , u bmi d - -- --� - f r va! of - I- e- - -te-ap peg, r before-i +i p n Q; i 6 ,ct nti �►t�inrya t- 1- a th Faject has-not- .been abadndan a. i15 # I c a, pr; Iican ; ` , �°t h� n'ess �.ow l i.�i tti r 4 r�G 'e t e`-r-r f ts_L�l-fl-P'�ia n 4n - °, ll- ; I i r h �, r i ii r , , �-, r _ - . . , • _ _ _ _ _ _ _y�1 that-t- P� --r e n-- a one h+ lan-I4 is r r 11� to rn - I ,�, d , T t r -s 1 Mpportin.n porting-the r►-ti I t' e G� � , t4m �I -�''`` h' ---�� -�I�--�- - �-+o-��-I- -t -�-�-��-�t-��t-��- --�vie --�►r�t�e f the-�� -�� , le+ w ' � � � rn a rtir� t� t --PUP--Plant -� --C -i s .. - l---r-+ m -Board - u ty is:.s+ , srs-= a =.--Board- un r`ifl'g . t le Board of PAJD Distra[ot-and-efeer the-rec • i n i:on s-- gig' - I- I--no J 6 ss blsh d- n-thy $ I 1 � "►- n e ' a a � a � � ■ i s i i �• . r• � nnr-Commis $n, �J Ra h P=la Wig- ommi eB----r y r-et' to appear-hare re--i-t a nd--pr �'e n t e y I d a nL� Wit# s to n t i �,t i t t 6�i �7 J I D p �r 1 r=� - 'a-��- -n- t- ' 'e n I B ed-i -nd---that he . --Co--rC3L-tr.�-GTC�L�- -G' , else' I e a and -ab i ', r - t - -The �I+;�. I, + - to 4-t e d n�,.r' t ra'� has-not been-abando i r a l Ir, , e r'+h t-1 a e l-a n ' in ee a _n Comm4-ssat-oil-rria-y-nefici-te-the--Ii; avisi-n- ' - Fni-mis &one rs-agfee --after-a I - -B ci--may-re - B--P-la-n-- d erder sr'', - - ,1 -1 I scated —E m e ri t o f t h e _.P_L_D P I a n T 11 e� P f �' I � n e , o r r r t.i r n c c h e.rl ca -r r�rr�-r�- ID SPACE- a-II-b + fnl1ew - i- Th cor~ st-ru tion- a n-pr 4 I-- -a1U- MMO J-OPEN-PAGE pubtic-utf I+t-ies- -d-Te u-nnaIl- aG 1 es -‘1%41441-4-5--4€30-sslower ,al =fh ons T+ rep{ ntia .,co 1 ercial -ar ir1cius �- dam! -- , - T m, fo F or--;i represe tat -ve- f Y th-th-e-a ved r. e+ru nn1cr-n or In mini ! o da teen I i � I . lI DEV-EO - '1- 1-T --sha1I- t-t e equ +rements hereinssiet- a - e-s-Ret-peeet-t-Fiese-4m Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 104 of 246 er haIi ubmit t l- f '4 +d rare r u ter rr-e nent car r maintenance-of-OPEN SPACE , recreational-areas and commonly o a facfliti nd PARKING LOTS ; The--sane-s-hall be subm ited--to-the---G -nt- Atter s-cepted arpFWGVee as to legal form 3 t: -t=- O MON - p -SPACE - is deeded to a-- homeowners' association, t' app1IGant shall filo tho proposed documents governing the association-,-_ Such--documents- all-meet-the following requirements: a . The homeowners''ners' association must be established before any_res; r es--are sold . b . Membership-in-the +� } ion II mandatory each w r Gi��6a411 / �'�` � be for l.siCAtJ'l"1`��YY��t:` o: ns -mist be permanent aria not far------a--period of-years . d . The homeowners' association must be made respondl le for Ii anc , taxes, maintenance o recreational arc other fae.ilitio& e . The association must have the power to levy assessrrents which can become a lien on individual premises for the pk s-e-of -p, y. ng the cost-of-operating and ruinra+ai9-common f, iIities . f- l~f the organization establishod—te ivi d-maintaior—anySNGCOSS organization , fails to - r a tai;- an -a der—and condition in accordance with the approved P IJ D-Pia -, th ftI owl ng a } 1 ) The - f it" ,iof r --ma wr tf -T -- n uch-organizatien or upon-the owners or-residents of the -D sett forth tiat the-organizat.ior i s failed to comply witii w--P--LICE Plan . Said notice-shall incluce a demand-that such deficiencies o- rnaintena "th n t . , �+ . 3O thereof. A hea4 oard of County Commissioners ^,► ire issuance of -such-notice , setting forth the timer-date and place of heai n . Tfie Board of °Linty Gommi-ssioners may modify the germs of to original notice-as-to deficiencies an - -- n extension of-ti. 2 ) If he ce'-c-enc 'es set 'or . :n tie origin notice or in the modifications thereof are-not rectified-within t . - s to ion -eyeof, the Board- of Count ommi sieners, in order to preserve the values-of-the properties-within-the Pill and t&-prevent tie COMMON OP-EN-SPACE from becorningka public nuisance! may enter gelid-"COMMON-OPEN PA and maintain the same for a-period-of fiy =antsrar ainLenanice shall net_vest-in the PUBLIC any rights to use the COMMON OPEN SPACE except whe i to pI B IC by th wners and accepted by the Boa -o -= o - c,one et-the-expiration - of sa-id owe- year period , the Board o County Commissioners s em ca . a pubic . =. oaring-tom-- consider the necessity--ef ontinuing such ma ' ntenarce for a succeeding-year, -Notice-of t -- hearing shall be given , i riting, not less than - thirty y ( ) day i ` days prior to this hearing to-t-# ;responsitiLie for the maintenance of the COIVIMON OPEN SPACEand-tothe owners or residents of the PUD . if the Board - _of ounty--Co issioners--deter-r ines Oat-such organization is--not ready and able to maintain said COMMON OPEN SPACE it ceases-b1e- nd-itior --the-Board of CountyCorni-niirrAoners --rnav oenti e to- mai to i n said COMMON-OP E P P u ring the ne-xt`su c ce ed in year-i-a-nci-shall be subject te-a-similar- - eanndetermination in each yearthereafter„ The-oust of such -maintenance--by the Board of County_Comm-is , --o ne+ the-prooeries-vvithin-the- PLID that- have a fight of enjoy the COWVVO \ O °' - 'l SWAGE , and any II become a tax -lien on said properties, pursuar-t to--Sion 24 -67 - 105 , C . R., . H . 't o rr ts- anent er tee-moo -mks-- all be set on tie P-- -accof- i-i n g to Chapter-24of this-Crede and- =io r- met--s - , - R _ . Division 9 Fees Sec . 23 -2-900 . - Fees established . Fees for -alt Land Use -Pe r -it-- ppbcation.s providedfor in this Chapter haalrbe est bIished b y r esolutiion -of-the of County Commissioners in conjunction wit a leafing process thproces-s4hat will consist of a4teneday publ c notice prior ssioners' heating _ Notice of said hearing-shall- e-o - -„ YiSpaper designated by the-Board of-County Commissioners for-publication of notices , Fees shall be collected in accordance with this Division 9 and Section 5- 74---10 of this Code . Sec . 23 -2 -910 through 3e2t940 . [ NO CHANGE]E] Chapter 23 Zoning code updates 3/6/ 19 DRAFT Page 105 of 246 Division 10 - Weld Oil and Gas Location Assessment ( WOGLA ) (No CHANGE] Division 11 - Location Assessment for PIPELINE a NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL S ( LAP ) [NO CHANGE] ARTICLE Ill - Zone Districts Division P1 - A (Agricultural ) Zone District Sec . 23 -3 - 10 . - Intent. Agriculture lture 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 productionL and far areas for natural resource extraction and energy development, without the interference of other, incompatible land USES . The A (Agricultural ) Zone Distri ice--also mended to-provide areas for the conduct of USES b4 eci-al- _Review i t have been det i to be more intense or to have a potentialLy greater impact tha - -prom-ate the health , safety and general - futu-re residents of the COUNT-V . Sec . 23 -3 -20 . - Uses allowed by right outside of subdivisions and historic town5ite . 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 ( Agricu aural) Zone District on LOTS outside of subdiv4s10ns SUBDIVISIONS-and HISTORIC TOWNSITES except for one ( 1 ) or more of the following USES . Land (A , � - i a r=.��ine in Section 23-3-5g . ' ` z #-rat--�e sub eat--t�-tk��+� -�ofre� ule-o�,bu �. � prerr�� mow-, -USES within the A { Agricultural ) Zone D stri -shall-also-fie suhje-o d-itie kregt rements oc Se =i -A rt i c I e -1V-and f th is p . A. O -- -" DWELLING UI N I-T--a-nd -AU- l-U - -_- - -TE - r - LEGAL LOT. ANIMAL BOARDING and animal_ TRAINING FACILITIES where the maximum; number of ANIMAL UNITS or HOUSEHOLD PETS Jermitted in Section 23-3-70 . D below is not exceeded and traffic to and from the facility does not exceed sixty 6D ) daily trips. B . One ( 1 ) SINGLEFAMkLY DWELLIN -U-NI-T -nd AUXILIARY QUARTERS on a parcel ot'I-and created under the iprovis ons fi r+i&&evim—of this Code_ Asphalt or concrete batch plant and borrow pits USED TEMPORARILY and exclusivel for an on-site construction Dromect or the comoietian of a PUBLIC STREET/ROAD improvements , .project . The six-month limitation for this TEMPORARY USE tray be extended, in six-month increments at the discretion of the Director of Planning -Services u • to two times and thereafter by the Board of _ ur� t ommissionen's. C , FARMING, RANCHING and GARDE-E-- —COUNTY trader sheds .. C ultEvation , storege and sate-of-crops, vegetables, plants , 140- srs and-n-urrsery stook raisec! on the-premises7 FARMING and GARDENING ,. including STRUCTURES for storage of agricultural equipment and agricultural _products anc confinement or orate on of LIVESTOCK. Converted , Dantially dismantled ) modified , altered or refurbished MANUFACTURED HOMES shall not be utilized as agriculturally exempt BUILDINGS or for the storage of a , r- icultural es ui • went or agricultural . roducts or confinement or wrotection of LIVESTOCK. E . TEMPORARY storage and sorting of , in transit , of craps , vegetables , plants , f . c • icel.r�l on the premises and not for-sale-Ian-said-premises . -CAVPING .. FISHING . HUNTING, and noncommercial WATER SKIING . F Repea e4311-NONCOMMERCIAL_TOWERS no taller than seventy_ O feet. ( See Article IV , Division 10 , of this Chapteti G . Grazing-+ f r .IVESr l olive,, ambulance ,. and fire stations or facilities .. Chapter 23 ® Zoning code updates 3/6/ 19 DRAFT Page 106 of 246 H . Feed-i-ng of LIVE TOCA witlin tic imitat-one defined motion 23 - 3 50-below_and Section- 23 1 710 . PUBLIC parks. I . OIL AND GAS FACILITIES- PUBLIC SCHOOLS . 1 WOGLA Reculc-e _ . Igo CI ILITY FaIloII be_developed in the A (Agr4cu It ua-a-l) Zone District .0 fi ti4 a WOGL has-been partment of Planning-- -e ic County Commissioners ; e applicator procedures set-fo - icle II . Division-10, of this Chapter J . PUBLIC DarI c PUBLIC recreation facilities . Sand , S.Q 1 , and aggregate MINING that qualifies for a single limited impact operation under Section 34-32 - 110 CRS ( a 110 permit) or is exempt from any permits from the Colorado Division of Reclamation . Mining , and Safety, generates no more than five thousand : 5 , 000 cubic yards of material per year for off-site USE and does not involve crushing , screening or other processing . An Improvements Agreement, as determined by the Deoartrnent of Public Works , may be required prior to commencement of operations . K. PUBLIG--- I- , , , . S and PUBLIC CHOOL extension ci-asses . One WW'N SINGLE - FAMILY DWELLING and AUXILIARY QUARTERS or GROUP HOME per LEGAL LOT . L . UTILITY SERVICE FA U-TI-E . TELECOMMUNICATIONS ANTENNA TOWERS no taller than thirty-five C35 feet- (See .Article IV. Division 10 . of this Chapter. ) Alcohol production w-h-ich does u-sand F • , by-products will be used primarily--e-n--the- ownerj' oporat 's lacHth- UTILITY SERVICE FACILITIES ., N . TEMPORARY group sse`mb -ages (subject to Chapter- 1-2 , Article II of this Cod* Water tanks , agriculture- related. O . ( Repealed . ) Asphalt or-concrete-Mori plan : r. ec temporarily anc exclusively-fir-an-on -site construction-project ' L!EIC-mad-Improvements project._The six-monthE itationi or this, TEMPORARY use may be extended in six---sorb increments at the discretion of the Director of Planning Services up to two- e( 2 ) times, and thereafter by the Board of et4-#t-y -Cornmis& bners. P . ( Repealed . ) #e d tenari requiremenrts=of Article IV, Division= + e to Q . ( Repealed . i Rance- anc = ire S :a:ions or Faci bes- . R . ( Repealedt) Borrow pits—used- TEMPORARI-LY and exclusively for the completion of a -11-8L1. -- o improvement project , In addition , sand-; :��m°', , regardless of the use of tie material ; w4 qualifies4T - in toy, • , pac a -r-ar=' -pe - € i Grp fr Division of Mirerals and �� t e�` no o =irye tousand ( 51Q00)-cubic yards of material per year for off- site use -does not-involve crushing . r-ee -in or other processing ._An-- rovern arts - Agreement as determined-bye -the-Depactrnen of Public Wes , may be required prior to comrner me operations ? ( Repealed . ) MANUFACTURED HOME subject -to the adthtional requirements - of Secton 23 4 700 of this Chapter. T. ( Repealed . ) ANIMAL BOARDING and animal TRAJ-I4ING FACILITIES-where the maximum number of-ANIMAL 1-ITS --p r4 Ftted in Section 23-3-50. D below is not-exceeded . U . ( Repealed . ) One ( 1 p TELECOMMUNICATION ANTENNA-TOWER and/or one ( ='- NONCOMMERCIAL TOWER subj - r Division 10 owl s- Ch t-er- V- ( Repealed__ Di-sposal of 610S-0-LID-S- subject-to the add :laic requirements of Chaptef 14 . Article VH - of this Cede- 'k f. ( Repealed . j Disposal-of--DOME TI EP ; _ subject to the add :iti nal-regLiremerts f Chapter this- . . epealed . ) TEMPO s , ` �, d getable--stands, and facilities for the sale- fireworks-and Christmas trees , subject to the permit rec uirements- o- -tide IV ,. Division 7 of-this Chapter, e. cep as-allowed without a permit-per Subsection 23 3 20 . D . Y . ( Repealed . ) GROUP HOME FACILITY . Z. ( Repealed . ) FO 'EP CARE HOB AA . ( Repealed . ; County racerShed , e-xcept4n-ors adjacent to a plat:ec subdivision Towrsite , Chapter 23 - on -mg code updates 3/6/ 1g DRAFT Page 107 of 246 BB _ ( RepeaIedd . ) CARG ._ CON-T- INERS used as a—SIN LE - F FAMILY DWELUNG UNIT and AUXILIARY QUARTERS-per-LEGAL LOT. CC . spayed . ) PIPELINE - NATURAL- GAS or PIPELINE - PET-R- gU ! .PRODUCTS OTHER THAN NATURAL L F� r equir No-FIRE-LI f i t AT 1 . 1 _ GAS or P PL E . NE 2ETRQ_EUV. ' W DUC OTHER THAN NATURAL -- -afl---b ev 2 th (A tAt -al ) Zone -District until a LAP has been- issued by-the e Planning Services or the Board &` Count f I o> I1 _in accordance with the application poems t-forth-En Division 11 , of this Chapter, Sec . 23 - 3 -30 . a Accessory uses outside of subdivisions and historic townsite . The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District_on LOTS outside of SUBDIVISIONS and HISTORIC TOVVNSITS so long as they are clearly incidental and ACCESSORY to a USE Allowed by Right in the A (Agricultural) Zore District,. Such BUILDINGS, STRUCTURES-and USES must be designed , con&tr noted and operated inrcon@mance with the bulk requirements contained in- Section 23-3-50 below—ACCESSORY USES within--the-A-(Agricultural ) Zone District shal1---a- -subaeot to adcitional require ' n n-- ides IV and V of this Chapter.Nate: The combined GROSS FLOOR AREA of--all ACCESSORY -BUI-L0INGS constructec after August 25 , 1981 cm -LOTS-in--an appr gad or corded 1 �, Msion pat or-LOTS part of a map o4ar plan filed prior to adoption of-any reguklatian-s-zontro44ing subdivisions of 46s than ten ( 10) acres &hail-not-exceed four percent 4 % of the total-LOT area: , except-in -t -in gion ni do adhere-to RUA development standards---However, in no case shall-such-an ACCESSORY BUILDIF -exceed-twice mart' reside on the LOT except by variaA0 tructure made . a - ion of this Section may be repaired , replaced- or-restored in total . A. STRUCTURES for storage of ogLriprr -afld- agr--icL tufal--profits. Converted , partpallyr dismantled , modified; 'tered or refurbished MOBILE H E- OF-MANUFACTURED HOMES 611-41--not be utilized as an AGRICULTURALLY EXEMPT BUILDS=or---for the- st st. a agricultural products. One ( 1 ) cares iver of MEDICAL MARIJUANA grown and sold pursuant to the provision of Article 43 . 3 , Title 12 , C . R . S . , ,1 � a _ . _ .l Ia ,: _ _I by, . Section s.' .� A J d' Article- k✓ 3 ft t I 1 the Colorado I - - i - Constitution a s v r r . A i LOT and for a pur puce authorized Dy section i 4 0r .XViii of theColorado Constitution per LtbRL LOT as per Article VII , Chapter 12 , of this Code. B . BUILDINGS for confinement-or-protection of LIVESTOCK, within the limitations=4ef .nefltion 23 3 50 below. Converted , partia-Ily-d srnantied , modified , altered or refurbiti d-MOBILE HOMES or MANUFACTURED HOMES shall not ALLY-EXEMPT BUILDING or for the storage-of-equipment or cinrarrlIIt1Ir M rtcn,refuirw ct I Irat to two /O \ fltC't^_' fl CONTAINER' S rnt- LEGAL I flT F,'F Irnn than n:rI-, Mkt . dOFl \ .� .��.p, 1 '1..� ,t iutrt:u1 tat i. t 4.r 'FvlVts . IJE0 to lYYo 4c I CARGO L�/'�a.r+ l 51 I Al19E! 'rJ Jet LEkJAL !LOT o. I less tI 1a11 e1L+ A I 1� ( 8Imo! ) acres , Ll io to five ( 5 ) CARGO CONTAINERS may be allowed per LEGAL LOT of eighty , O ;I or more acres . C. MOBILE H lES- sed s 11 LE-nFAMILY DWELLINGS for persons-customarilyremployed-- at or engaged in - rti r r"'ilug TF$ io In 3 of-t-h4s FARMING._J�A.� l -�►�rF�-I� 1-I-�1 +� :� r�- t to the a� ado r1aJ rq,u r ar�� 1=tom= c�f- a=-1� Ch apteE-NO COM ERCIA JUNKYARD , as long as it is ENCLOSED with a BUILDING IIN or STRUCTURE or SCREENED from all ADJACENT ENT properties and PUBLIC RIGHTS-OF -WAY in conformance with a SCREENINGplan approved by the De2artment of Planninc Services .D . HOME—OCCUPATIONI -I--sh1 1 1 4 Section 23 4_9O- and=t AS I-I---s-n a l l co rip p y with e-Gtio ri 23-1 -90 and Article -IV, Divisiorei- i-3-of •i h pt r OFFICES . E . OFFICE incidental to the operation of-the Uses Allovved by Right as l .ted-i~n-Section-- - - Qabove Parking_ areas and parking STRUCTURES , including parking of one ( 1 ) COMMERCIAL VEHICLE er LEGAL_ LOT. F . }`+BILE HOME subject-to the additioArticle IV , Division-3 of this Chapter. Up to two : 25 SEMI -TRAILERS USED as ACCESSORY storage ger LEGAL LOT . G . Roadside stands when the products-offered for sae age gr wl Jre1 , �, Such fonds shall be situated pot less than-fi (. 54Gyfeetafrorrs-tT the PUBLIC right-of-way _ STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-20 . H . SIGNS ,_in-conformance +1-�-h-the prop-i-si0 r of- t-, ter. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter . I . ( epe led1 ) NONCOMMERCIAL JUNKYARD . {t��.' p��u y.-{� . . .._. � ...., .. . .-�.�. . .� ..- r\+.,,�jL� yyrr to the operation \f�' � .. { RepVaied . I Al ■ w Mai and ..-ACCESSO Y of a Use Hoed- -Right--in- -tsI1 f'91llc II 11r Iti on G1 District, Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 108 of 246 . R e e a I e d . ) Gar ss �1i�" ' ICI - s f�inet ( 1 )--ago on to n e r - �s -- ,-r—t�r r s s o r ' �p �r�rti � I�t3 r � � rti � r� T RU URE i n A--- Agr i s I 1 to r I ) Zon e4 ti �e,� et-4 h�--s - w t'c-'s ge-' achaiSr-recorcted €u d i v i s i o n p -mac °la = - 1.a p a-1-t-t�- - r i o flm ado t o f ttons fv-s �"``-i i-n the-Air--(Agricti Ituiza4)-Zon-e-P4st-fiet---T-we42- -capao--€42intainef-s-in y-be +� �I �t,y +yy,�� Irti �.� rt r � li �yy��-a��+ � - q p4 ' n F a t l o V 44-011 prop rT TF V S Y � t kn-si�e I 'f hen n It o n� I� r �. 7 ! i -} B s41241-March-is-part-tom G Ida-_ a -fE --p r io to a . - n of , yueguI io -cwt r-ol1-I ,C 1 tl I as Ya `h F'a a _ I I rye-containers--n 1n' s-- _l'ti In p,a ,cic 1a t an-C acres- a- areal ,��° cwe n a -1 s7--a --des u 'a tI-o;2a-3-4U BB w, -r+ -- wl se a e a effa a-ra b uic 4he--4as- u-a - --E1 ectr - �{�, ly -t +t y i h bconnected o _ a * i �, - e -: f-or s 1-age cs t cari-i�Tn t e be a� rti rte# rrtif t d ° h -- .n.- be- _connected wet Yr - u d I -se sewer �? �,I� [_ E N1G-e o f 'r e p 7 Cr4 f h f l I l G' 1 n 8 t] 1_ � 'lJ . - - 'CTtr'ilr�an X31 G''e© 'I I � t3 t'I!_>�� -�� ~-L L�t � '7 ti.� 4-�' X� -as-the-cargo -.- .H---&t 1 ' ' Ida �a The -�-�"�-I �" h �I c .c. - -rof1tteci--�-r`1'�-��' F''t�+�=�r�l-�' c�� ,- . t hae beer4-,-trofd#to f-as-officrte, E+ NG, or a e lse h 11- be-de ign lay-a-kerecised-pfefessicviak -I-octe d Imo, I I s t- G-L-L-OT 4.-- e i -fe ¢. _'co - rter- car e--cor- u e :l fa -stet- g,s an o ce W L G o r aa ble e- 5 .- r used-for-serge- n--office Nei-err-an-ye us haF1-n aloe-- flowe4, -dal e�� t� r+, � F,I i -to- - prepaimu- I-G cepta - +- eontoin ,r- - s-p 4i 11y-o--4eta-Fly-damaged-by fiire. earthquake-ft~!,qu r'Y. rti� I*�" . tl I rill ,^ r51 1� r� r~ � ire � �'��r�a of ra a-ke w i, ><d- - r i s4-a-s en argil-l-1-i�a- i- t d Festettwig-from-a-laGE s r e z -+ ft - Win--cod! 4s-rtosin o cent -an offi E I R I- -s,_ r-1 44 - twa t t +te as- est on--by the b►e re rprov ar-a framt-th- - 6 t-a-iner-us -fef- e shaTh emoved ,, tl - E -- -n in -may- nct be used-- Fi ler-t p!a y a sig-r L . ( Repealed . ) Secr44Faiier- � sed ar rir+essory-s aI-re� I �r,rs f ' '1 se -tratl-er-Usedrt -- may srte, rrJe stow —may be �I d-on LO in cde h Wer - lan�- ect .talri�►' �'� �h es �:,�r� r�t i r-e r� �,f �I rrti r r�s a,l � 1 i r'� r, c � r� iF{-, � �- �,� rr� �a 1 1 t� � r`�I 111 t^'" lat-on-s-�r tf -sub4+vv+ r on me-Di c - - oc-d i tag-to r it - it its m as n tI~ o I Sector Chapter for f t,- e-purp'o storing ger-, 2Ic inside-- -u 1 _ _ 0 - " au'Y°1i frai s may accessory store-ne ryr=irat sIf1 Yra ' paccels-nut-th--an-approvedflision-platehithaa--pato - prier-to �_ ��I� �.r r� I � r�l f ii I rti� tA Q . n_� a r eg r is o r` c�r•�:r�l t r ry I I �' n �.�y,d d ,+� �y } r a I + } a A7F ES SIG 71"�r SI ri s Zak �2^I I"isutt-1 -t 1`�� F 4 F`i,r~ TF"1 2 1 4 "J p . , . kt4to1 i= ell:14 F - #s - - accessory -o 'e- _be-- Iowed-en-GM-let ypes , as d i b►-ed Gt.v3F- ' 'CONIMERGIAVEH t i o of . i e .1 - i ri►-ti r h perm't don p o ed or re rnap-or-p-lan-ftled t.� r - � ��i � ire r^r � i r', t{� � I.F'tit r, r�r�rti '� pn the-a pti-n-- + -c r g sub i A-( gw�u4tur�en i , --�=h --lo th p ce-and-zon t-ng- t--re is s -e e -- n 23-4--95C of.4.44.s--- :Pam g--and Lion-o- -e n ME- I ---V T 'L E I a II`�"�a� c-1 r r�r, In r fi, pe r_t of-less-than- � I�ft P f I I�1 4 r� re a�- �- � - Fri--sizeT e�oro t-a-LO-T-4n-m- p p " ` r r�r ' i rl u- i s i o n e r a I 4-4T_ which-is-part-of a --oc-plan-f- le bc-te i rY In r I ORS-GG11 r t -�t h o u t f =rS� r-.m�i t. 4.111 i f ad.�. e- p. , }III �+ r�I Il r r'5 ,� Y1 r �1 'I tr w rr, e r rb r r d a3 a d{-, is 1 e a p e r-m �e,P� t°� may,� ,I n 2 I acs i t li ri, ~"�"C�T�.`fiT-7 '� -C]-�'C7��r�f-�T11��F�I ��I Tyr-�-�'77'�� -r+�r�crfi -per T`f 1`�-� -�r'I` ��"t�T>�tT! 1�-iL�� [T I'Clf� ��+ ��p© s �1 rrte�,,p- �r'� �, � ,+'� ��,��'��°i r'`r� �f 1 Y r'1 t a"5 ¢i ti r �� I� � � r k,�e �I l rti�rl re mil_ dry �f Sig . c1-e 1-ar inw._a{ d- _ ra-� - -S - Cf erf --pc e3a grr atec -�-eie ,� --re"c ire i a f r l ' �ed-tohaul -a Ott +l-��; - �►- - - �� --- -tPear of t i - does-not-exce-ed-sixty 4604--pe ' y -t ----ire-- M R o-adckt-ier CGAAME-Re- JAL—EH L-- -are-al we ' _._ s T a co - i -ml- USE-- he - p + - _ Sseot Q T N . ( Repealed . ) WIN ENE ATOR , kti r > r e 1 nc t a Z at WIND-EN RMQ n lr C rtes ,—Article- ( Repeated . ) l �r �I ! C- ;ARI UAN y4! -1 — e r—'f- EDICAL #tr iAt-'�t - �'' rt-�Fr h, rt t is - ;r sok - . '�.dI [ a 1J I'ticIe I-I-1-ot the o-1 o-rad o-- on a' - a0n 4-gf- i P`-' ri cs Chapter 23 - Zoning code updates 3 /6/ 19 DRAFT Page 109 of 246 P. ( Repealed - L _GOVVUN• CA- ION A CrENNA TOWERS , wt @rice of a Zoning- Permit for a TELECOMMUNICATION ANTENNA-TOWER-I--subject -tit v-is -of iol ; Di-vision 10 of this Chapter: ( Repealed , ) SECOND -SINGLE -FAMILY DWELLI-NG , subiestA0 the additional requirements of Article IV, i'vision B-of tlhhs-Chapter: R . ( Repealed , R ce t-i kaetivi e - -i lu +n 2-Fi- h- -- a CAMPING 4-- WTER SKIING . Sec . 23 - 3 -35 . - Uses allowed by permit outside of subdivisions and historic to nsites , No USE listed in this Section shall commence construction or operation in the A (Agricultural ) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWN SITES 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 . A RITAI NMENT . agriculture-related EVENT FACILITI ,E . A RITOU I _I I , and I I..I I' 1 ING LODGES permitted under Division 17 of Artiste IV of this Chapter . i A ID OrDTC r, ne-t IV I R O' TM I n �� r� I r r� t,i �- Ins r-� i '014r-ira nnci1 e,+ic-trno nr rrani+fcr-a 1 rnrIcr fitriCtnnr-r 17 fn.; A r-i-ir'In I r tf +kir- V L.J �. 1'�'rI 1 % I ' I 'l. I k.1 CI II I °�_ &y I I ° I1 U II I a1ULAII I11 Ld Ulan' U00 Li I IV 'L,IFed r,.. I CALM-4111 ° i FJLy1 I I ( ILL. 4J LII 1tJ1rt IE11 119 CUI I I 1 Lail J 1.1 LIL ,I'ter 1 V Iul1 L1 I1 .J Chapter. D . BED AND BREAKFAST FACILITIES permitted under Division 17 of Article IV of this Chapter, E. Disposal of BIQ OL_ ID and /'or DOMESTIC SEPTAGEpermifted under Chapter 14 of this Code.. F , BREW PUBS, BREWERIES DISTILLERIES and WINERIES permitted under Division 17 of Article IV of this Chapter, G . COMMUNITY BUILDINGS permitted under Division 17 of Article !IV of this Chapter, H. CONTRACTOR ' S SHOPS permitted under Division 17 of Article IV of this Chapter.. I . CUSTOM MEAT PROCESSING permitted under Division 17 of Article IV of this Chapter. J . Farm equipment sales, repair and installation facilities permitted under Division 17 of Article IV of his Chapter. K. Golf courses permitted under Division 17 of Article IV of this Cha ter. L . Grain , seed, feed ., and fertilizer retail and wholesale sales Permitted under Division 17 of Article IV of this. Chapter. M . HOME OCCUPATIONS Dermitted under Division 13 of Article IV of this Chapter. N . Keeping between five ( 5 ) and eight (8) HOUSEHOLD PETS of one { 1 ) species , or between eight ( 8 ) and sixteen 1 ) HOUSEHOLD PETS of two 2 , or more species and , in addition , u ' to thirty ( 30 ) birds , permitted under Division 17 of Article IV of this Chapter _ 0. 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 . a , MANUFACTURED HOMES and STRUCTURES permitted under Division 3 of Article IV of this Chapter . R . NONCOMMERCIAL TOWERS between seventy (70) and one hundred thirty ( 130 ) feet in height permitted under Division 10 of Article I of this hapt r _ S . OIL AND GAS FACILITIESpermitted under Division 10 of Article II of this Chapter. T. PIPELINE - NATURAL GAS or PIPELINES - _PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter_ LI RECREATIONAL FACILITIES , PUBLIC and PRIVATE„TE,permitted under Division 17 of Article IV of this Chapter. V. One ( 1 ) second SINGLE-FAMILY DWELLING permitted_und�e'r-Division 8 of Article IV of this Chapter Chapter 23 - Zoning code updates 316/ 1k2 DRAFT Page 1 `I 0 of 246 W. SHOOTING RANGES permitted under D vision 17 of Article Pvi of this Chapter. X . SMALL SCALE SOLAR FACILITIES p+ rr rifted under Division 17 of Article IV of this Chapter . Y. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy 70 ) feet in height .. ( See Article IV, Division 10 , of this Chat ). Z. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter . Veterinary clinics or animal hos itals ermitted under Division 17 of Article IV of this Cha ter. BB . WIND GENERATORS requiring a zoning hermit under Division 6 of Article IV of this C1aoter. 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 TOWN SITES in the A (Agricultural ) Zone District upon approval of a permit Special Review Permit in accordance with the requirements and procedures set forth in Article il Division 4 of this Chapter, or Article II , Division 5 , in the case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES , A. Mineral---resource-devel+c -resource-development facilities including : ANIMAL BOARDING and animal TRAiNING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70 . D below is exceeded or traffic to and from n the facility exceeds sixty _(60 ) average daily trips . L� ►;� ST ,r ' LITIEST 2 . OIL AND GAS SLOT ME) SERV CE , _ Open pih I-I-( -I-M -and materials processing , subs-ect to--thepro-vi&ons of Article IV, Division 4 of-tl Chaptor-. _ Asphalt and concrete batch plant 5 . Coal ga 4eat+can-fe-Ginties . 6 . MINING IN or recovery of other mineral deposits located in-the- ou ity , subject t-e the provisions-of- Article IV, Division 4-of-this Chapeter, 7 . TRANSLOADING . E . Agricultural—Service establishments primarily engaged n performing agricultural , animal - -t ssbandry or h -icultural err es -a-=fee or contract basis, including : Asphalt or concrete batch plants. 1 . Sorting , grading -ant packi n t ro eE 2r Grain and/or feed °lo :or--r 3. Crop dusting or spraying operations facilities-(include . . in -ecticide storage facilitie-s , fuel stora-g-e-faG4ACCESSORY to tl^ e crop- dusting—or spraying fat . -Earn equipment-: sales , repair and installation fa liti+ s.- . Veteririaryt- -in ics er_hospital& 6 . ramand feed sales . 7 . Co - . drying: 8 Fe J3 c to ra r i x i Ir'51`i g - i n g 341 ' 9. Seed prod-u t ocessing , storage , mixing.,--blending and sales : 10 . ANIMAL BO RDIN+ -an -aarmal TRAINING FAGELMES wnere the—maximum number of ANI-MALUNITS permitted =r absecfon 23 3 50 . D be ow is—exceeded and/or<-- when--tie traffic that is go gated by the oar day to and from the property :. fl= I-1 rodE i ti. - € usan+ l 0,000) gallonsc-y- z r or the sale or ban ` l -ho-I--e-c&urring - -any other-par R -in pera i o n 12 . Animal waste recycling-or-processing faa 13 . Custom meat oracessinet 14 . L. aHf . 15 .-Fe e- M-y at i facilities. 16. LIVESTOCK CONFINEMENT OPE -AT N - 17-.7-Rod-e -minas, Commercial 18. Eop - ng Arenac , to include both ir- coor and cut-door a as , -corrnmereial, C . a reation l c111ticss El USES including. : CAMPGROUNDS . 1 . COMMERCIAL Race tracks anc race courses . Chapter- 23 = Zoning code updates 316/ 19 DRAFT Page 111 of 246 2 DRIVE IN 11_MATERS . subject to he provi f e { 10 3 . Golf courses_ 4 . !1eoti ° , et n 3s�'- . -G-,ues: farms and hunting lodges. 6 . Fairgrounds . 7 . PUBLIC or-COMMERCIAL CAMPING: . RECREATIONAL FACI-LMES . D . Public Uthl4ies facility . including : More than the number of CARGO CONTAINERSallowed by Section 23-3-22 . --E- , m t ge or repair facilities , subject-tothe provisions of-Section -23 4 420 . 2 . Storage tanks , subject to the provisions of Section-23-4-420 . I JO R FACILITIES-OF -PUBLIC UT ATE a - r--� i r-� r ,�--� e t ate, - oy na- ► 2340- E . PUBLIC and qu .:si-PUBLICBUILDINGS- including-CHILD CARE CENTERS . 1 - -CHU IE -: 2 . Pri-vate SOHO - 3 . -r-i+nistratve OFF : - - _ 4 . County Grader e-hey-kn-or- adjacent to a platted subdivision or TownstiteT F . : ,.a-FOP-- -_ -T --and I-RS-T-RI-I COIllICIER IAL rodeos and COMMERCIAL roping arenas. 1KY-ARD -o sat_vage `-A --Parking of more than the number of _COMMERCIAL VEHICLES allowed by right or by permit H . IIEL t d it n l requirements-of Section 23 -4 -400 , CEMETERIES , ' . I . oi,d-= ►'' ste- = sposal sites and facilities, } . CHURCHES . J . Keeping , raisi r r i LS,—COMMERCIAL RECREATIONAL FACILITIES, K. -1- r ►- are rn icrowave , radio , :eicv' icion or other communication transmission ora tower--aver seventy 0) foot In leig 1T per-LOT . on - +al-te eject-t to-he-provisions-of Section 23A -800 , CORRECTIONAL FACILITIES ., subject to_ rticle XVI Section 15 -5 . of the Weld County Charter , L. TELECOMMUNICATION ANTENNA TOWERS-which sch require a Use by Speo-ial provisions of Article IV, Division-1-0-of-this-Chapter EVENT FACILITIES not agriculture- related . M . One ( 1 ) SINGLE-F MI-L L ELLING-U - ov eeping ! raising_ or boarding of EXOTIC ANIMAL .. N ran T-I LUNGS_ for persons ed a or eng_ . d-in-FARMI -N #I-I GARDENING-.-HOME BUSINESSES . 0 _ Expansion or ern �o` NONCONFORMING USES. HELIPORTS, , P , HOME BUSING- KENNEL , sub 'ect to the additional recuirements of Section 23-4-400 . a . ACCESSORY BUILDINGS wTh GROSS FLOORAREA larger-than four percent ON of the I-lot area, as detailed in ectio n`2 3- 0-abo+ e, p _ _ . . . ion-plat-sr-LOTS pa pt--of—a--map or plan field prior to adoption of any regulations controlling subdivisions . LIVESTOCK CONFINEMENT OPERATIONS , sub ectt_c the addit.io .a.l requirements cf_Section 23-4-35a R . CORRECTIONAL FACILITY . LlJMBERYARDS 'OODWORKIN_Ga. S . Amuse permitted-as a Use by Right, anA E OR -U ,-or a Use byCOMMERCIAL at Ind-us-trial! zone districts; provided -that-the prosy'is--r t-a-Lot in an approved or recorded subdivision plat or lots oarts e* a map oar pia , filed-pciorrt lations controlling -subdivisi s: PUC- developrnent praposa1s h mit process-to dev -op=MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 cf Article Fl of this Chapter. T CHILD CARE CENT -1MEDIU1 SCALE SOLAR FACILITY, subject to the additional requirements of Section 23 -5- 1030 _ U . BED AND BREAKFAST FACILITY . Open MINING and processing of mineralsi sub .ect to the additional requirements of Article IV, Division 4 . Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 112 of 246 V . Mare than- one-14 ) m-i-trail & - when used -s a peFson l -storage unit, on lots i aporovec &-r recorded sub i i T.� � ir, f-- -+ a-a -n-filed- prior to the_a tioT -y' regulations controllin-gsulacki - _ _,gricuIt- -1 -s not it an approvedr-r cord subd+vision- platof-LOTS which are part of a map orpian4lie4igapihe adoption of any--ce ulations controlling suladi-v+s-ions in the A_-(Agricultural )Itural ) Zone Distriict. MULTI-FAMILY DWELLINGS N for persons PRINCIPALLY employed at or engaged in_FARMING .W USES si i riot -SE -fisted above as Uses by Special Reiewas-Ion intent of the A (Agricultural}--e-District. NONCOMMERCIAL TOWERS requiring approval of a Use by Special Review. X . PROCESSING . OIL AND GAS STORAGE_FACILITIES V . RESEARCH LABORATORY. OIL AND GAS SUPPORT AND SERVICE . Z . HEAVY M- UEACTURI=II- , PROCESSING , ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES.. AA _ VII-N-1)--TURBINE , Height stipulation of seventy (70 ) feet- -air less-does not ap OUTDOOR STORAGE of PUBLIC utility-related equipment. BB : More than -The- number of cargo containers allowed as a use by-r-i-g-lit-per Legal lot--or parcel , PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article Hof of this Chapter, CC . Cemetery -Private SCHOOLS . DD _ RESIIDEINTIAL THERAPEUTIC CENTER - RACING FACILITIES . EE . WIND GENERATORS requiring t +e-i-ss ce , r Chaptep 23, Article II , Division 4 arm= 1 a err rticle--IV , DE -ion 6 of this Code .- REPAIRSERVICE ESTABLISHMENT_ FE BREWERY. RESEARCH LABORATORIES . GG EREWPUB _ RESIDENTIAL THERAPEUTIC CTHERAPEUTiC CENTERS . HH . DISTILLERY . More than the number of SEMI-TRAILEF S allowed by right or by permit. II . WINERY--.- Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation in accordance with Sections 1278-10 and 23 -4 -380 of this Code. JJ . NONCOMMERCIAL TOWERS greater than one �� , -, - , - t-in-t h-t -TELE QMMUNICATI I ANTENNA TOWERS requirinqapproval of a Use by Special Review KK .. PIPELINE DOMESTIC WATER . TRANSLOADING . LI_ _ SMALL SCALE SOLAR FACILITY. .USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. MM . MEDIUM SCALE SOLAR1 IND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of thisChapter_ 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 (Agricu ltu raD Zone District in SUBDIVISIONS or HISTORIC _TQ N ITE except fir' one jj or more of the foIlk inq USES . A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70 . D below is not exceeded and traffic to arid from the facility does rot exceed sixty (60) daily trips . E . COUNTY grader sheds _ C . FARMING and GARDENING `ncludinq STRUCTURES for storage of agricultural equipment and agricultura products and confinement or protection +of LIVESTOCK, Converted, Partially dismantled , modified , altered or refurbished MANUFACTURED HOMES shall not be utilized as agriculturall r exempt BUILDINGS or for the storage of agricultural equipment or agricultural products or confinement or protection of LIVESTOCK D . GAPING FISHING , HUNTING , and noncommercial WATER SKIING: Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 113 of 246 E NONCOMMERCIAL TOWERS no taller than seventy 0 ) test . ( See Section 23 -4 -895 ) F . Police . ambulance , and fire stations or facilities . G. PUBLIC parks ., H . puBLic SCHOOLS. L One ( 1 ) SINGLE-FAMILY DWELLING and AUXILIARY QUARTERS 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.) _. UTILITY SERVICE FACILITIES , L. Water tanks, agriculture- related . Secs 23 -3 -50 . - Accessory uses in subdivisions and townsites .it . Bulk requirements Theayin - --rec-}- a eats for the A (Agricultural)-Zone District. The followin BUILDINiG , STRUCTURES and USES shall be allowed in the A ( Agricultural ) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to a USE Allowed by f i ht. Note ; The combined GROSS FLOOR AREA of all ACC ESSORY BUILDI NIGS constructed after Au ust 25 1981 on LOTS of less than ten ( 10 acres in SUBDIVISIONS and HISTORIC TOWN ITES 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 nonconforrnjng by application of this Section may be repaired , replaced or restored in total . _ M4n- =u r LQT One 1 ) caret aver of MEDICAL MARIJUANA that is crown and soli pursuant to the prevision of Article 43 . 3 , Title 114 . R , . , and for a xu rpose authorized by Section 14 of Article XVIII of the Colorado Constitution Der LEGAL LOT as per Article VII , Chapter" 1 . , of this Coda 1. e 0)-acres (or is a parcel-otherwise recognized as half of a-quarter section*. 2 . Dry: eighty ( 80 ) outs (or is--a--p ceL-otherwise recognized as half af--a-quarter section-)T., B . l um SETBACK : twentyf --feet, Fences are not required to comply with the i r -a J may be Iota, _ th-e p - ' ubli ghts-of-wa r-shah not obstvaGt-the view-of vehicular-traffic at an intersection- One ( 1 ) CARGO CONTAINER per LEGAL LOT . C . niniu OFFSET : three ( 3 ) feet, or one-441 -feet for andel three ( 3 ) feet of-BUILDING HEIGHT, whichever-Es greater. Fences are not required to cone with the mini " OFFSET ard roperty line , OFFICES . ft I - irrwm number o= ANIMAL UNITS _ - : wn accordance with the number shown in the table aSsooi-ated---w t-1 the detin-iffier--of ANIMAL UNITS set forth in Sect: �,te e -NONCOMMERCIAL JUNKYARD , as long as it is enclosed with a BUILDING or STRUCTURE or SCREENED from all ADJACENT aro erties and PUBLIC RIGHTS-OF-WAY in confor ance with a SCREENINGplan approved by the De artment of Planning Services , E No-BUILDING or STRUCTURE , as-defined-and limited to those occupancies-listed -as Groups tk B , El Fel H , lo and R 1n Section 302 . 1 of the 2012 lnternati n-a ---B-ui1-+ding Code, shall be constr� �c}. w thin a two- hundred-foot radius of any-tank battery, within a one hundre n fire-foot ram ot-a-ny plugged oar--ab one41-and gas well . in a two nand- d foot radius-of-any tank battery-or one huridredsfifty--io Mradius of any wellhead---shall require a variance gym- the terms of this Chapter -in accordance with rC -- - Chapter. Parkinctareas and parking STRUCTURES , not including part incupf COMMERCIAL VEHICLES . F , Landscape and/or screen v ,� � ri -be based-upon--corn-pa t btl ity- -h-e-x-i st i n g--a+ cent-LQ T and-land u se s7 STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3 -3C _ G . All -external lighting stiall be designed- accordanee°w itt Section 2 140 . U , 6 ;WL D GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Chapter 23 a Zoning code updates 3/6/ 19 DRAFT Page 114 of 246 Sec . 3 -3 -55 . ® Uses allowed b Iermit in subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A , gricultural ) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOVVNSITES without prig approval of a land uses permit from the Department of Planning Services or Department of Public Health and Environment , as aoollicable . A. AGRITAINMENT , agriculture-related EVENT FACILITIES , A RITOU RI M , and HUNTING LODGES permitted under Division 17 of Article I ' of this chapter B . BED AND BREAKFAST FACILITIES ermitted under Division 17 of Article IV of this Chapter. C . BREW PUBS BREWERIES , DISTILLERIES . and WINERIES permitted under Division 17 of Article IV of this Chapter . U . 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 . QONTRA TCR 'S SHOPS permitted under Division 17 of Article IV of this Chapter.. G . Farm equipment sales, repair and installation faclitnes permitted under Division 17 of Article IV of this Chapter. H . Golf courses permitted under Division 17 of Article IV of this Chat I . HOME OCCUPATIONS permitted under Division i 3 of Article IV of this Chapter, j . Keeping between five (5 ) and ei t (8) HOUSEHOLD PETS of one ( 1 ) species ,, or between eight (8 ) and sixteen ( 1 6 ) HOUSEHOLD PETS of (21 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 render Division 3 of Article IV of this Chapter. L NONC0± ME CI: AL TOWERS between severity ( O ) and one hundred thirty ( 1 0 ) feet in height permitted under Section 23-4-895 . ICI , 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. az RECREATIONAL FACILITIES , PUBLIC and PRIVATE ermitted under Division 17 of Article IV of this chi ter.. P . One ( 1 ) SEMI -TRAILER USED as ACCESSORY storage Der LEGAL LOT aerinitted under Division 11 of Article IV of this Chapter. SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter R _ SMALL SCALE SOLAR FACILITIES permitted under Division 17 of Article IV of this Chapter. S . TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five L3J and seventy ( 70 ) feet in heip.ht erm itted under Division 10 of ,Article IV of this Chapter. T, TEMPORARY ARY seasonal USES aermitted under Division 7 of Article IV of this Chapter U . Veterinary clinics or_ aniimal hospitals permitted under Division 17 of Article IV of this Chapter, V. WIND GENERATORS re uirin a zoning •ermit under Division 6_of Article IV of this Chapter Sec . 23-3-60. - Uses by special review in subdivisions. A -1 (Concentrated Animal ) Zone District.. The following BUILDINGS , STRUCTURES and USES ma be constructed , occupied , operated and maintained on LOTS in SUBDIVLSIONS in the A (Agricultural ) Zone District upon approval of a Special Review Permit in accordance with the recuiretments and racedLres set forth in Article II , Division 4 of this Chapter, A. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four (4 ercent of the total LOT area , as detailed in Section 23-3-32 above., B . AGRICULTURAL PRODUCTION , ► hapter 7 - Zoning code updates 3/6/19 DRAFT Page 115 of 246 C . ANTI '1 a, - BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section - 3-70 D below is exceeded or traffic to and from the facility exceeds sixty;, D) daily trips. D . CAMPGROUNDS . _ , More than one C1 , CARGO CONTAINER . F . CEMETERII _S . G . CHILD CARE CENTERS . H . CHURCHES . I . COMMERCIAL RECREATIONAL FACILITIES J COMMERCIAL rodeos and COMMERCIAL IAL roping arenas. K . Dis4 osal of DOMESTIC EFTA E pplimitted 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 art wholesale sales . 0 . HOME BUSINESSES . P. LIVESTOCK salebarns . o . KENNELS _ R . ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES!. S . OUTDOOR STORAGE of PUBLIC utility-related equipment:. T. Private SCHOOL . U . REPAIR SERVICE ESTABLISHMENT V. RESIDENTIAL THERAPEUTIC CENTERS . W. RESTAURANTS , X. One ( 1 : second SINGLE -FAMILY DWELLING per LEGAL LOT of at least two and one- half ( 2 . 5 ) acres Y. More than the number of SEMI -TRAILERS allowed by- right oryperrnit. Z. USES similar to the USES listed as permitted as long as the USE complies with the General intent of the Zone District . AA_ WILD GENERATORS requiring the ssivan-ce _of Special Review Permit under Division 6 of_Adicie IV of this ChaMter. -1 . and-encourage the contimation of ag-ricti tura land uses aid agricultural operation-s-1 r- rpo es which- nkan -the economic hea is anc &ustainabi i`ty of--agriociltureT 2 . Establish and maintain an agricultural i:and- use ignation -promote - the County' s agricuitural industry and wustain4a le- agricultural opportunities for the future. -,--- Continue- itnient to viable agriculture in the County thcou-+gb-mitigated-protection-of estabiishoc (and pots : gricuttur l- -uses from -fir-=proposed new-uses-that-would- hinder the-operations- erations of the atheragricui s . ve s:oc r� r in- erne-M: 0 i r p ital improvements, water, etc . The - 1 (Concentrated An-i a-I)-Zone-- tr-ict aflo s the opportunity for parcels-to- ►--zone - pfically r e I , i feeding operations . A 1 Zoning provides certainty for confined animal feeding operators and existing and future prop}ty owners-that a property has been design-aced for---use as- a livestock confinement-operation while providing requirements/standa _s to ensure that potential impacts- associated with livestock confinement- operations are addressed. B. Uses Allowed byRig-h i r r r- r iSTRUCTURE or land shall-be--USED and-no-BUILDING or TRUCTU R-E shall hereafter be erected , structurally altered , enlarged or maintained in the A- 1 ( Concentrated Animal ) Zone District--except for one ( 1 ) or mo r-e--o-f-t' ated Animal ) Zone Chapter 23 — Zoning code updates 3/6119 DRAFT Page 116 of 246 - - -eitionai requirements contained in Articles IV and V of this Chapter. —Li e.. --I confinement op ra-t-ions. AI; Ives took confinement operations Io t --wA .en- - zoning shall comply wits the re ; + i ernents- set --brth in eetio 2 -1 50 of this Code --All-iivestock-confinement operations . s _ t , f l L* BIZ are 11 �'1 e n tie Site Plan in the A al ��oea��=� d fir}+r��a . .�.�� District � � � 1. to t , i vision 3 , of this Chapter. F1= • ult rall. ,nre District. r G. Accessory Uses . The following BUILD R gin . -E-S sh --- -allowed in—the A- 1 -Sifi g as -they are dearly inside t-a chA CESS es Ic e+ by Right in the A- 1 < Concentrated Anima-Zone District. Such BUILDI-NGS , TRL TUBES and USES must be designed constructed and operated-in- conformance with-the-bulk r-egw -e -n,en 's n _a c Tr c a n 3- 50 ab - - �r s-tn-the-A- Agicultur-aI4-Zone District. D Uses by Special Review . 1 , Uses listed as-,.!I4se y peoia1-Review-in-the-A (Agricultural ) Zone District E. Bulk Requirements ; 1 . Minimum - e;-e a . Irrigated : One hundred sixty ( 160 ) acres;--or-a cel ott i --rccog.nizcd as a-qua-r r--section . b . Dry: , rte, , re _ Gres, or a parr tl - -recog razed a artier section 2 Minimum SET- A -- :twenty (20 ) feet. Fences are-not- ith--the-cri-inimitim SETBACK and may . -be located-- on= he prop • _ --lots abutting p .; 1, ►_ f shall-not thstruct-th-ei-Ariew of vehicular traffic at an intersection Wastewater- ponds and ma n areas assoo ted with Livestock onfinenie a-t+� aU- «` k 11^, � F'! _1Y'11 iT7 hI 1 �,,dred ( 500 r r u7 S-,+�+ �+�� T�f T�1 T yT'Gr� feet from the nearest existing residence . 3 Minimum OFFSET;=three ( 3 ) -BUILDING HEIGHT, whichever is n f'5'�' rL*i r`1 1 i i r�r•I t r� r^�r�r�r-I n � � ti� f t�h t 4� � r� i n greater, Fences ar �-�-�-, irnun- -► F ET,and may be located on the property Wee:-Wastewater ponds and manure storage/eo ti ceas- 4: eme t Operations shall be offset a minimum of five hundred (500) feet fry�th e ti r 7 el . Maximum number of I -I- AL UNITS-permittedq per acre : a r accordance with the-number shown in the table associated t-h_the definition of ANIMAL UNITS set forth ir Section 23 1 - 90-of- this Chapter: 5 , No BLtl D1NGr ► TR - T rac a -ef nod and iimAted to those oc -p ct 14seed as Groups A, B, E, F , - I , 17- - and =R--in -Section 302 . 1 of the 2C06 International-B- ildirg Code , shall be constructed-within--a-tviia- h-undrre t:. ° , it - -one hundred -fifty-foot radius of ark- -et head or within--a twenty—f— struction within a two=hundred foot radius of any tank battery or-a one hinds = riance from the -terms-of-this-Chapter in accordance with Subsection 23 & n t of th1 Godee ._Landscape- opiteria ay be based upon Gompatibility with existing-adjacent-lots ano I :r a uses . ., X1I eater I � ighLing shaft be signe +rccordance with Paragraph -23'2-160 . U . 6-of this Chapter. Sec . 23 -3 -65 . - Uses by special review in historic townsite . The -following 3UILDINGS , STRUCTURES and USES ma ► be constructed , occupied a eratetl and maintained on LOTS in HISTORIC TOVVNSITES 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 t Division 4 of this Chatter A . ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four (4 ) ; scent of the total LOT area . as detailed in Section 23 -3 -32 above .. B . AGRICULTURAL P 'RODU TlON . C , AIRPORTS and AIRSTRIPS , including crop-dustind operations, 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) daUv trigs , E CAMPGROUNDS . F . CAR WASHES and olas stations. More than one ( 1i CARGO CONTAINER 'CEMETERIES . CHILD CARE CENTERS . Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 117 of 246 J . CHURCHES . K. COMMERCIAL RECREATIONAL FACILITIES L. OMMER IAL rodeos and COMMERCIAL roping arenas. M . OMMERCIAL SCHOOLS . H . Parkin - of move than the number of COMMERCIAL MERCIAL VEHICLES a lowed by right or by permit . O , CUSTOM MEAT PROCESSING . P . Disposal of DOMESTIC SEPTAGE permitted under Chapter 14 of this Code . Q. EVENT FACILITIES not agriculture-related . R . Keeping , raisins or boarding et EXOTIC ANIMALS S . FUNERAL HOMES or mortuaries. T. Grain , seed , feel , and fertilizer retail and wholesale sales . U. HELIPORTS. ✓ . HOME BUSINESSES W. HOTELS/MOTELS . . LANDSCAPING COMPANIES . V. LIVESTOCK salebarns . Z . LUMBERYARDS/WOODWORKING . . KENNELS . BE NIGHTCLUBS, BARS , LOUNGES OR TAVERNS . CC . ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES, DO . OUTDOOR STORAGE of PUBLIC utility- related equipment FE . Private SCHOOLS , EF . REPAIR SERVICE ESTABLISHMENT . ISHMENT . GO , RESIDENTIAL THERAPEUTIC ENTEf . R E TA U RAN II . RETAIL/ SERVICE ESTABLISHMENT. 1 � . One ; 1 ) second SINGLE-FAMILY D ELLI ! _Der LEGALLOT of at least two and one-half 2 . 5 acres. KK , More than the number. of SEMI -TRAILERS allowed by right or by permit, LL . TINLOA.DING . MM , USES similar to the USES lusted as permitted as long as the USEcomplies with, the general intent of the Zone District . N N , VVIND GENERATORS recuiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Seca 23 -340 . - Bulk requirements ,. The following lists the bull requirements for the A (Agricultural ) 7ope_District, Land in the A (Agricultural ; Zone District is sub" eot to the requirements contained in this Section . A. inirrum LOT size: 1 . Irric ate eighty ( 80 acres (or is a parcel otherwise recognized as half of a quarter section . 2 . Dry : eicihty (80 ) acres (or is a parcel otherwise recognized as half of a quarter section;f- 3 . LOTS less than eighty ( BO ) acres in size: Chapter 23 - Zoning code updates 3/5/ 19 DRAFT Page 118 of 246 a within an HISTORIC TOWN SITE , as defined in Sec . 23-1 -90 of this code ; b. Created prior to September 20, 1961 , c _ Created in compliance with the weld Count Subdivision Regulations ; d _ Created in campliance with the Weld Coun Subdivision Ordinance , Weld County Ordinance 173 ; or e . Created in cony DIiaince with Chapter 24 of the Weld County Code . B . I tinImurr?i SETBACK : twenty (20 ) feet . Roadside stands shall be located not less than fifty ( 5O ) feet from any PUBLIC RI HT-OF-WAY. C . Minimum OFFSET : three (13 ) feet , or one ( 1 Moot 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 :his Code . The maximum number of HOUSEHOLD PETS per LOT shall be four (4) HOUSEHOLD L_ D PETS of one ( 1 ) species or a total of seven (7) HOUSEHOLD PETS of two 12 ' or more species , except that on a LOT of at feast ten [ 10 'l acres and not in a SUBDIVISION or HISTORIC OVVNSITE the owner or occupant shall be permitted to kee-D or maintain up to eight (8) HOUSEHOLD PETS of one ( 1 ) species or sixteen ( 16 ) HOUSEHOLD PETS of two (2 ) or more speciest and u . 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-_fiftyOW 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 th_e. direct nor reflected light from any light source may crate a traffic hazard to operators of motor vehicles on PUBLIC or private _STREETS/ ROADS No colored lichts may be used which may be confused with or construed_as traffic control devices . Division 2 - Residential Zone Districts Sec . 23 - 3 -100 . - Intent. The R- 1 , R-2 , R-3 , R -4 and R-5 Residential Zone Districts are intended to provide the present and future residents of the COUNTY with areas in which to locate and establish a variety of residential land USES and land USES that are compatible with residential areas , The Residential Zone Districts are intended-to be typically located; d ie level •ed 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 . a manner-that4s-compatible with Chapter 22 ef--th-is Code and he adopted master plans f- ctod munioirialities Sec . -3 -105 . - Water and sewer requirements. A . For all IR Zone Districts , all USES recuiring water on LEGAL LOTS created prior to Auc ust 25 , 1981 shall provide evidence that an ale uate source of water and an adequate sewage disposal system are available prior to the issuance of a building permit. The sewage dis aosal system shall comply with the On -Site Wastewater Treatment S- stem regulations contained in Chapter 30 of this Code or shall be served by PUBLIC SEWER service , LEGAL LOTS created prior to Auc ust 25 , 1981 , but later combined to form a larger LOT shall be considered as havinc been created Drioi to sand date for the pqrpose of this section -B . USES requiring water on all other LOTS in IR Zone Districts shall be served by PUBLIC WATER from a water district or municipality and PUBLIC SEWER service Sec . 234410 . R - 1 ( Low-Density Residential ) Zone District. A. Intent. The purpose of the R- 1 Zone District is to provide areas hf U -' -predorr ina,ntly for suburban-scale SINGLE-FAMILY residential USE that are located , designed and developed in compliance with Chapter- the .applicable requirements of this Code and the adopted-MAST - o•f effaced m rnrc pflies The R - 1 Zone District is also intended to accommodate nonresidential land USES that are both ACCESSORY to and-or compatible with residential USES Uses Allowed -b-y_R444- -the Zane District. This Zone District rnanerve as a transition between E and R -2 Zone Districts and should be located such that criveways will be located on low- traffic , local PUBLIC or private STREETS/ ROADS or ALLEYS . Chapter 23 — Zoning code updates, 3/6/19 DRAFT Page 119 of 246 B. Uses Allowed by. Right No BUILDING , STRUCTURE or land Oa be USED , and no BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or maintained in the R - 1 Zone District except for one ( 1 ) or more of the following USES . Land in the H 1 Zone Distpictast=b►e USED in— .,� i tr1S bulk requirements—contained n -Section--23-34601—below , USES with n the R 1 Zone Distfiet arc suit e - e ad-ditoonal- req as i rements carittatned in -Articles- I r S' h ter. 1 . One ( e ti _ !ELL-ELL per LEGAL LOT, said SINGLE-FA . DWEL ING shall be connected to-a d r<e by--a PUB-LI WATER-system and a P'U -i . This requirement does net-apply to- an=y-LE AL LCT created-p- --ior to the original- effective date of this-CF cpterc ( August 25 , 1981 ) , FISHING and noncommercial WATER SKIING . 2 _ PUBLIC parksa-n-d-F'U-RLI recreation arms , GARDENING. 3 . PUBLIC SCHOOLS and PJB.LIC SCuOOH--e tens on classes_ One ( 1 ) NONCOMMERCIAL TOWER u for=ty (40) feet in height per LEGAL LOT. fSee Section 3 -4-895 . ) P-otice-anclefire-s-tations or facilities . PUBLIC parks . 5 _ UTILITY SERVICE R I-L-ITFE .- PUBLIC SCHOOLS , 6 , One ( 1I SINGLE- FAMILYDWELLING or GROUP HOME FACILITY per LEGAL LOT , 7 . FOSTER CARE HOME . UTILITY SERVICE FACILITIES , 8 . CARGO CONTAINER used as a S .Y DANE _ _-,VGL-E -L =T; EdSINGLE - FAMILY nnected to, and sewed by , 3 PUBLIC - WATER syste - z. VVERy n L LOT created prior to-the original- f- tive 0arse of thi. h r (August 25 , 1981 ) . Galt—AND- I Ll-T-I-ES- a = O L A ILITY � -b ve-loped--in the R - 1 ( Low—Density Residential n i `r• i a 1-- . r.-- . + gin I Servjces - the Board of County Corr rr} & ener€ in accordance with the application procedures set-fart icl , Div this Chapter-7 1 PIPELIt4E— , - orP4 ELI-N-E - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS . aaireid t J&-P-1 P E-L-1-14E — 7 -PIPELINE - PETROLEUM PRODUCTS OTHER TH - - 'a _ vet-aped-in the R--1-( Low-Density Residential) Zone Distriot-u-rail a-L-AP has been issued byte Department of Planning Services-or the-Beard of Cosa t om isSioners in he application-proceduressett faith in Division 11 , of this Ch-apter,:, C . Uses Allowed by Rjght subject to the_requirement of Site Plan Review . The following USES shall be allowed in the R T1 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 ONAL FACILITIES , PUBLIC and PRIVATE , Accessory .-T orr it - I NGS , STRUCTURES a USE Il be allowed in theR--1 = o -District sorlong as they--are cIearI -iacidectaI and ACCE SORY to the min the R- 1 Zone District-. + h-B -1 - N I i r _op ce with . a ttie R- 1 Zone Cpl-stE ct re also subject to the additional requirement - r n-€1- '- -c-ft-is-Ghapter. Note: The-combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after-the original--effective date of this apter (August 25, 1981 ) on LOTS in an approved or recorded dicier -plat or LOTS part + -, ap►=man filed-prior to-adoptionof any relation-s control-ling u- -iVi-sion-s of less than ten ( `I 0) acre shall not exceed four percent (4% ) of the-total lot area , except- when- a greater percentage -i I — rbar r+ anonAreas - ( RUA) , w RUA development standards . However , I o case shall-such -a .� twice the gross floor ores; Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 120 of 246 of�-t primary residence on h accessory-structure made nerteariformingi by aipptication of this Sect-o d --r- ace r restored in totat 1. Garages , carports and parking areas . Swimming pools , tenni-courts and si lar RECREATIONAL FACILITIES; Sr—SIGNS , in-accordance- tn► the p►ravksions of - cr visior 2 of_this Chapter. '1 . HOME OCCUPATIONS. CL—SSI shall be the only permissible form of HOME OCCUPATIONS al-lowe in all—Residential Zone- ► stri 49.-Section- 3 0 of thi • Cha Dt 5 , Storage of those ++, eNcle , or parts thereof, wh,ion are defined in- + - 42- 12- 101 , - --, R.Th - and-a-re andior-the storage cis no 4-11O-re-than two ( 2 ) vehicles-4th , regardless of their en-4Etior-r--anWor classification as DERELICT VEHICLES, have been operated at as1 one-year period• in a race , derby or event and are SCREENED . 6 . hem T E - -E-cle-arty inciden.tai anc ACCESSORY to a Use-Allowed by Right-in the R - 1 Zone District. 7 . ON-+ MM&R IAL TOWER 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 a_USE Allowed b Rio ht.. Note . The combined GROSS FLOOR AREA of all ACCESSORY_ BUILDINGS constructed after the oricinal effective date of this Chapter (August 25 . 1981j, 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 CR UAL , which shall adhere to RUA development standards. However , 11 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 RIANCE . Any ACCESSORY BUILDING made nonconforminc by a .plication of this Section may be re p a i re dI4_re p 1 a ce d or restored in total _ 1 . ,Parkinq areas and parking STRUCTURES, rot includinc parking of COMMERCIAL VEHICLES . 2 . TRUCTURE and BUILDINGS ACCESSORY to USES permitted under Section 23-3 - 110 . B , rot including CARGO CONTAINER , 3 Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES , 4 WIND GENERATORS allowed as ACCESSORY USES in Section 3 -4-450 of this Chapter , Uses bySpecial-Review. The foil i g-- I - I RE . and USES rnnay be co -structed,-+ cupied7 t_ a R - 1 Zone District upon approval of a Der i 4n ac ordance witin the irequireren and procedures set fectrh Article II ! Division 4 of-this Chapter. HO PIT r , d rah-obiIi tbon centers: 2 . Preschools-and-day cap --center--& . P riv-ate_SCHOOLS . 1 . CHURCH . 5 . PRIVATE RECREATIONAL FACILITIES, 7 . ACCESSORY -- -LLDI GS with GROSS FLCXDR AREA large (-%) of-the total -flea; � to ee n S bpa _ra-p-h B . 3 above, per BUILDI , - - . -eject --or re orded uilact - p1 t or LOTS part or-a maw or plan--filed-prior-to adopton of an - re rations nifeIl g- - su- -i isions. 8 . - CHILD CARE CENTER . 9 . CEMETERY . O - RES DEN- . - ERADEJ- C CE TER . 11 _ P. FELINE -- DOMES-TIC WATER. 1-2„--PI-RELINE - NATURAL GAS. 1,1---PIP-E i _ _ E-- •17 * ►-THE T-HAN-4-AT LR RA L GAS . 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 Planninc Services . 1 HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this. Chaucter, 2 . One ( 1 ) NONCOMMERCIAL TOWER between forty (40) and seventy (70 ) feet in height per LEGAL. LOT permitted under Section 23-4-895 . OIL AND GAS FACILITIES permitted under avision 10 of Article II o>` th s h ter., Chapter 23 - Zoning code updates 316/ 19 DRAFT Page 121 of 246 4 . PIPELINES m NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATUF .AL GAS permitted under Division 11 of Article H of this Chapter, 5 . WIND GENERATORS requiring a zoning o r rnit under Division S of Article IV of this:Chaff E. 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 recuirements and procedures set forth in Article ICI , Division 4 of this Chapter. 1 . ACCESSORY BUILDINGS with a GROSS FLOOR AREA Iarp r than four (4) percent of the total LOT area , as detailed in Subparagraph B above. 2 . BED AND BREAKFAST FACILITIES. . CEMETERIES . 4 . CHILD CARE CENTERS , 5 . HOSPITALS , nursing homes , rehabilitation centers _ 6 . PIPELINES - DOMESTIC WATER in accordance with Division 8 of Article II of this Chapter. 7 , RESIDENTIAL THERAPEUTIC CENTERS ._ 8. USES similar to the USES listed as permitted as Iodic as the USE ccmolies with the General intent of the Zone District. 9 . WIND GENERATORS requiring the issuance o ,. Special Review Permit under Division 6 of Article IV of this Chapter_ Sec. 23 - 3 -120 . - R-2 (Duplex Residential) Zone District A. Intent he purpose of the Re2 Zone District is to provide areas in the COUNTY-for DUPLEX residential USES that are located , designed and developed in compliance with the applicable requirements Chapter -22-of this Code and the adopted MASTER PLati4 _ofa- ed- - -u kipalitics . The R -2 Zone District is also intended to accommodate nonresidential land USES that are both ACCESSORY to and-or compatible with residential USES, Uses-Mewed by Riglrft-in the Zone District. This Zone District may serve as a transition between R-1 and R-3 or R-4 Zone Districts and should be located such _that driveways will be located on low-traffic, LOCAL PUBLIC or private STREETS or ALLEYS . B . Uses Allowed by Right No BUILDING , STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or maintained in the R-2 Zone District except for one ( 1 ) or more of the following USES , Land in the R-2 Zone-DistriGt-nl -t be USED in--Gompliance with the bulk requirements-oantained i -Section. 2-34-460 , below. USES-within the-- -Zone--District--are subject to the ad-it on a l re i e: , ,` 1 i�� t H d i<r le -- - ' of this C - apter, 1 . FISHING and noncommercial VVATER SKIING_ 2 . GARDENING . . 3 . GROUP HOME FACILITIES . 4 . One 1 ) NONCOMMERCIAL T_OVVE . u to forty (40 ) feet in height per LEGAL LOT. (See Section 23 -4-895 . ) 5 . PUBLIC parks 6. PUBLIC HOOL 7. One M I N LE- FAIL I LY DWELLING , DUPLEX DWELLING , or GROUP HOME FACILITY per LEGAL AL LOT . 8. UTILITY SERVICE FACILITIES . T. � i +� -b i l e °- Zone D triot � � s � a i r r• a s - 2=-141=1P-L--EX DWELLING LMT . Said DWELLING UNITS shal4-be conr-eGted - to and served by a PUBLIC WATER system and_ , This requirement does not apply to any LEGAL LOT Gated prior to to = original effective date of this Chapter (August 25 , 1981y- 3 . PUB -C-parks and PUBLIC recreation areas . 4 . - PUBLIC SCHOOLS , Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 122 of 246 • 5 . Po ice and fire stations or facilities _ Uses Allowed by Richt sub_- eot to the requirement of Site Plan Review. The following USES shall be allowed in the R-2 Zone District followinci a xproyal and recording_ of a Site Plan in accordance with Article I I , Division 3 , of this Chapter. USES allowed by Site Plan Review it the - 2 Zone District shall comply with the bulk requirements contained in Section 23-3- 150 , below . USES within the R -2 Zone District are subject to the additional recuirements contained in Articles IV ant V of this Chapter, as livable . 1 . CHURCHES . 2 . COMMUNITY BUILDINGS . 3 . Golf course _ Police, ambulance ,, and fire stations or facilities . 5 , Private SCHOOLS . G . RECREATIONAL FAIL- ITIEk PUBLIC and PRIVATE . Accessory Uses . Thefo-1 ng B-U-IEDI-I - STRUCTURES and USES shall be Ito, ne District se-kang as they are clearly inoideratakand ACCESSO t- -i in the R -2 Zone-District ch= I i D N _ S , STRUCTURES-and USES-must. be odesib , -a-t d-in confor ce with -twin ed in Section 23 3460 beI ow C E S O-RY-LISES--with i n the R -2- e-Dis#rt ar =atso subfect to the additional-requirements contained in-Articles lV and V of=this Ch _ t he-combined -- f-all ACCESSORY BUI-LOING-5-serbstructed after the original-effective Gate of this Chapter(August 25 , 1981 ) on LOTS in. d- -reed subdi- }o-n plat or LOTS part of a map or- plan glee priop to adoption of anivregulations controlling subsi-visions of less than ten ( 0 ) acres chall not exeeed-four percent( 1 o -the #ota1 to ;except the Regional liaithanization Area ( , hic ihere-te6-RUA development s andards . How or;i ns r accessory builid n e- MG&-floor area the primary residence--on t- e- t . -An-y- An-y accessory-structure made nonconforming—lay n na r-be repaired , replaced of-restored +n total, 1 . USES listed as ACCESSORY USES in the R- 1 Zone District , D . Accessory Uses . The following BUILDINGS , TRU TURE _and USES shall be allowed in the R-2 Zone District. so Ions as the are clearly incidental and ACCESSORY to a USE Allowed by Right. Note : The combined GROSS FLOOR AREA of ail ACCESSORY BUILDINGS constructed after the original effective date of this Chapter ( August 25, 1 61 ) on LOTS of less than tens ( 10) acres in SUBDIVISIONS and HISTORIC TOWN SITES shall not exceed four ;4 percent of the total LOT area , except in Rev Tonal Urbanization Areas ( RUN' which shall adhere to RUA development standards . However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TO_ NSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. An. ACCESSORY Y 3UILDING made nonconforming by apDlicatton of th-is Section may be repaired , replaced or restored in total . 1 _ Parking areas and parking STRUC_I URES ,ES , not includinz oarkinc of COMMERCIAL VEHICLES . 2 . STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 3-3 - 12O_ f, not including CARGO CONTAINERS . a 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. - -- and USE _ may be-c- „ str operated and maintained in e- =— t-n n -ap-provyal of a ; crmi in a:+cooroarice-with the requirements and procedures set forth in Article-ft, Ilii --r 1 . USES tasted acUses-by Special- Rev-ii = istria E . Uses Allowed by Permit . No USE listed ire this Subsection shall commence construction or operation in the F Zone Distract without prior approval of a lard 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 l el ) NONCOMMERCIAL TOWER per LEGAL LOT between forty (40 ) and sevent O) feet in height per LEGAL LOT permitted under_ Section 23 -4 -895 . 3 . OIL AND GAS FACILITIES Dermitted under Diviisiion 10 of ArtieJe II of this Chapter. Chapter 2 — Zoning code updates at6/ 19 DRAFT Page 123 of 246 4 . PIPELINE - NATURAL GAS or PIPELINES -_ PETROLEUM a_ 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 , occucied , 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 Subgaracraph D above . 2 , CEMETERIES_ 3 . CHILD CARE CENTERS . HOSPITALS , nursing homes , rehabilitation centers . 5 . PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article ll of this Chapter. 6 . RESIDENTIAL THERAPEUTIC CENTER . 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 recuirinc the issuance of Special Review Permit under Division 6 cf Article IV of this Chapter.: Sec . 23 -3 - 130 . - R -3 ( Medium -Density Residential ) Zone District. A. Intent. The purpose of the R-3 Zone District is to provide areas in-the COUN for medium-higher density residential uses that are located ? designed and developed in compliance with the applicable re_q_uirernents Chapter 22 of this Code and the adopted MASTER PLANS of aft ted-rnunicipati-Es . The R-3 Zone District is also intended to accommodate nonresidential land USES that are both ACCESSORY to and-or compatible with residential USES Uses AlIo --day--Rig-h-t -the Zone-Di-strict. This Zone District irney serve as a transition between COMMERCIAL Zone Districts and R = 1 or R-2 Zone Districts and should be located in urban or urbanizing areas where schools and COMMERCIAL services are available. B . Uses Allowed by Right, No BUILDING , STRUCTURE or land shall be used , and no BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or maintained in the R-3 Zone District except for ere ( 1 ) or more of the following USES . Land in the R 3 Zone District must be USED in compliance with the buck iremeits contained in Section 23 3 160 -below. USES within the R 3. Zone Distr-ict -are-spact to_the additional- requirements-contoirec ire Artic es V anc V of ti s Cana oter. 1 . DUPLEX DWELLING _ 2 _ FISHING and noncommercial WATER SKIING 3 . GARDENING . 4 . GROUP HOME FACILITIES . 5 . One c QNCQYMERcI L_ TWER up to fart 4 feed in he ghtper LEGAL LOT . ( See Section 23-4 -895 x 6 . PUBLIC parks 7 . PUBLIC SCHOOLS 8 . UTILITY SERVICE FACILITIES „ -U I T per-LEGAL LOT. Said DWELLING-ITS-84:211-be connected to and served by - a -PUBLIC WATER system and-a PUBLIC SEWER system . This requirement Goes not apply to-any LEGAL LOT created prior to t errig-ina-1 effective date of tka- hapt Au u t--2 , 1981 ). 2 . PUBLIC parks a d PUBLIC recreation areas. a PUBLIC SCHOOLS . 4. Po : ice and: -re---lions or-facilities 5.-r----UTILITY SERVICE FACILITIES . 6 . GROUP-HOME FA I- ITY. Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page '124 of 246 7 . FOSTER CARE HOME . 8 . PIPELINE NATURAL GAS Gr -PIPELINE - PETROLEU-M-PRODUCTS-OTHER THAN NATURAL GASr a . LAP—Required . No PIPELI T 1 IPE-LINE m PETROLEUM DUCT - TI ER THAN NATURAL GAS nail be dlev'eloped=ira-the R - 1 ( Low Density Residential) Zone Dist- is untiba LAP has been issued by the Department .-of County Commissioners 4-accordance wit-n she app .icaticn procedures set forth in Division- 1-1 , of thisr .hapter. Uses Allowed by Ric ht sub -'ect to the rec uirement of Site Plan Review, The following USES shall be allowed in the R -3 Zone District following approval and recording of a Site Plan in accordance with Article II4 Division 3 , of this Chapter . USES allowed by Site Plan Review in the R-3 Zone District shall comply with the bulk reo uirernents contained in Section -3- 160 below. USES within the R-3 Zone District are sub .ect to the additional F'�,r'1 I I 1 Y'L'3#"d Y� f''i f� contained r'1Y�� i n r�� n !� rF E r��c+ E k .lY and r-�I V this f!'� 1� ++i rte$r� r ra,rs r,� .ti� I :n.,-� L,: I .-, r equi eo Y " Lrn 4s contained in Aa li les I w and of Cha � e , as a plicabie , 1 . CHURCHES . COMMUNITY BUILDINGS , 3 , Golf courses. 4 . Ponce, ambulance, and fire stations or facilities . 5 . Private SCHOOLS _ 6 RECREATIONAL FACILITIES , PUBLDC and PRIVATE . 7 , TRIIPLEX DWELLINGS and MULTIFAMILY DWELLINGS with up to six 6 DWELLING UNITS per STRUCTURE Acces y-- sue '. T e'-folla -BUI DtN St STRUCTURES and- a -R -Zeine Dist so-long as they are clearly incidental andY-A-CC es Allowed-by Right ii - the ' -3 Zorn-- istrl : Such BUILDINGS , STRUCTURES E and Uses must be-designed , constructed forr- c h the bu !k reouirenierts-1 t . d Section 23 - -te e"` - within the R Zone-DistriGt q - - 4 ' -a-p►ter.. Note : T combined areG also subject-to-the additional r"e -�-�r _ ` � h R -F - r ►- XII ACCESSORY Blcil-LDINGS constructed after the prig-iral effective - date-of-this Chapter (August-25, 1c181-)-an 1r +en plat or LOTS part of a map or plan filed prior t -a op'ti-on coat- l l i ng subdivision of a all -not exceed folo percent (4 % ) of-the total lot area, except in the Regional--urbanization Area--(RUA) , which shall-adhere to RUB developmen-t--s, n S -- ' e r-+n no case shall i4ding exceed twice the gross Lao►r area of the primary residence an the lot-except by variance. _Any accessory structure made nonconforming by application t -4 -u-bsection may be-repaired ,_replaccd-epre&tered in total . 1 . USES lia-ted as ACCESSORY USES n. the R-1 on-e District. D . Accessory Uses _ The following BUILDINGSBUILDINGSt STRUCTURES and USES shall be allowed in the R-3 Zone District so Ion as the are clear' incidental and ACCESSORY to a USE Allowed btRicht. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the oleic final effective date of this Chapter £EIugust _25 , 1981 ) on _LOTS of less than tern 1 0 ores in SUBDIVISIONS and l--Il TOI I TOWN SITES shall not exceed: fir (4) percent of the total LOT area , except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards, Howev+ rjn no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TO N ITE exceed twice the GROSS FLOOR AREA of the prinoi al DWELLING UNIT on the LOT anent�,�r�� 'M,.� �► � I d� F,,I f` F e'3 r-n r r � E�'`��°' '�� '�' BUILDING I � � I^1 I �.u 1� made r,i � r-, ,r-�.�, �.r-„ � Via-, r�,,, : �, ,-� application I a .,,.�..,,� n ..,� this; ... .c�Section s � .� may ate, tie�,+ n � b * T ARIAS 7T ` . P , 7. 10 f 75rr4.dESSna 1 1 BUILDING 9 lade I Io'Y " conJo1 7 I iiI 1't.� by applica ion of tf Its Section I I Iay be repaireCrelaced or restored in total . 1 . Parking areas and parking STRUCTURES . not inoludinc _parkinc of COMMERCIAL VEHICLES . . 2 . STRUCTURES and BUILDINGS ACCESSORY toto _ljSESpermitted under Section 23 -3 - 130B not including CARGO CONTAINERS . _ Swimming ROolS , tennis courts arid similar ACCESSORY USES and STRUCTURES . 4 _ WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Cha )ter. Uses by Special Revi w-T otl 'wmg BU LDINGS ` T-RU P S may Y - s p rate nd �' ai t fined. in the R 3 Zone dance with the requiremients I Wires set forth in Article =l II;-Division o of this. Chapter. 1 . Uses listed as- uses by special review vtor the A 1 Zone-Jai-strict. Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 125 of 246 E Uses Allowed by Permit. No USE listed in this Siubsection shall commence construction or operation in the R-3 Zone District without iTior approval of a land use_permit from the D partment of Planning Services . 1 . HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chanter . 2 . One 1 - NONCOMMERCIAL TOWER between fort ( 40 and sevent 70 feet in hei : ht per LEGAL LOT permitted under Section 23-4-895 . 3 . OIL AND GAS FACILITIES permitted Linder Division 10 of Article II of . this Chapter_ 4 . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division of Article II of this Chapter. 5 . WIND GENERATORS requiring a zoning! permit underDivision 6 of Article IV of this Chapter . Ea Uses by Special Review. The folio's/ON BUILDINGS , STRUCTURES and USES may be constructed , occupied , gperated and maintained in the R -3 Zone District upon approval of a permit in accordance with the recuirements and 3rocedures set forth in Article II , Division 4 of this _Chapt r. -I . ACCESSORY BUILDINGS with a GROSS FLOOR AREA lamer than four (4 ) percent of the total. LOT area, as detailed inSubparagraph_ 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 , T USES similar to the USES listed as permitted as ' erg as the USE complies with the general intent of the Zone District. 8 . WIND GENERATORS recuirinc the issuance of S :ecial Review Permit under Division 6 of Article IV of this Chapter. 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 , 20190F4), Intent. The purpose o R 4 Zone D s-t t is-to v-ide areas n the COUNTY for high-dens' ty-resideRt' al USES that rJe4ocated d.es+fined and developed in c k nce with Chapter 22 of-t-11: C -ten the a cpted-NPASTER PLANS o - affected ,man4cipa►litics . The R 4 Zone District-4s also intended to accommodate nonr i er yell -I,en USES that are= bet—h--ACCESSORY to arcreempatible residential-Uses Allowed - by- -S h-t--in-the Zone District:- ft Uses Allowed by Right. No BUILDING, STRUCTURE or and shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or maintained in the R-4 Zone District except for one ( 1 ) or more of the following USES . Land in the R-0I Zone District -must—be USED i-n—conic-fiance with the bulk requirements contained -in Section 23-3460 . below. USES it in the R 4 Zone District additional -re i tsr tained in Articles—rat—V—8A V of this Chapter . al , DUPLEX DWELLINGS. 2 . FISHING and noncommercial WATER SKIING . 3. GARDENING , 4. GROUP HOME FACILITIES, 5 . One ( I ) NONCOMMERCIAL TOVVEP v_.. ta to forty (40 ) feet in height per LEGAL LOT . ( See Section 2 -4-895 . ‘l 6 _ PUBLIC parks 7 . PlUBLIC SCHOOLS 8 . UTILITY SERVICE FACILITIES . 1 . JW= L _ U; Te 7 RE -of two (2) er more——FU more-LI-N-FUS pet LEGAL LOT , Said D'I ELLIN -UN-ITS shall be connected to serer by a PU BUG WA -EP system . This requirenen Chapter 23 Zoning code u : dates 3/6/ 19 DRAFT Page 126 of 246 does no f o any LE AL LOTeffective date of this Chapter ( ug-ust- 4 2 -PUBLIC parks and PUBLIC recreat-.I n--arm: 3 . PUBLIC schools . I . Police and -stations or facilities. 5 . UTILITY SERVICE FACILITIES , ILITY. - Of -F B . PIPELINE NATURAL GAS or PIPELINE - PETROLEU PRODUCTS OTHER THAN-NATURAL GA ST a . LAP- q ►JO--PIPELINE - NATURAL GAS € IPELIN E - P ETR -UM . THAN N URAL- AS-shall be developed--in the R- 1-{-Low-Density Residential ) Zone District until a LAP ,as been issued by the-Department of-Planning Services or the Board at County Comm ssieners-;n•-accor . .ante with the application procedures set forth in Divis on 11 , of this h-a .- ., Uses Allowed by Right subject to the requirement of Site Plan Review _The following USES shall be allowed in the R-4 Zone District folio in a royal and recordin of a Site Plan in accordance with Article ll . Division 3 , of this Chapter.. USES allowed by Site Plan Review in the R -4 Zone District shall comply with the bulk rec uirerrrerts contained! in Section 23-3- 16Q, below. USES within the R-4 Zone District are sub -ect to the additional requirements contained in Articles PV and V of this Chaoter , as applicable . 1 . CHURCHES . 2 . COMMUNITY BUILDINGS , 3 . Golf courses . 4 . Police , ambulance , and fire stations or facilities . 5 . Private SCHOOLS . 6 _ RECREATIONAL FACILITIES , PUBLIC and PRIVATE 7 _ TRIPLEX DWELLINGS and MULTIFAMILY DWELLINGS . ec a- --Uses . The follow ncg BUILDINGS ,GS , STRUCTURES and USES shall tao a4lowed wry the P -I Zone-=District ncider ta-1 ch-A CE SOR ' tom U' s A llo Awed b►y -ightin the R -4 Zone District - '�' F '� r� i �c�t �� re try nr*+r� ue#BL -I _ � � + � .� n - el-and operated in conformare-with bulk requirements contained-in- o .. ►e-o , -DES within the R -4 Zone- t-rict shall also be su ents- contained in Articles IV and V of this Chapter. Note : The m, : GROSS FLOOR AREA- of all-ACICESSORY BUILDINGS constructed after the original effective--d-ate an ap r yecil -or recorded subd-iv-isien-pat or LOTS part=oof-a- or-plan-49444-prior to aooptior of_a-n-y-regubtions controithg subd v4ions of less than-ten-0-0 ) acres shall , not oee -f r e t- (4 % ) of the total lot area , except; 'n t-ne Regional-Urbanization Area ( R , which shah adhere to RUA development standards. However ,_in no case shall such an acces gross or ar a eft primary residence on the lo-t--except - . structure made nonconforming a I cat o � s- + •- - , ay by �� _ repa-Fred,, re p I ac+a d-o r res:ored:o ro d in total : 1 , U S-E 4 -ate E- ` SO R U E -i n the -R- 1- Zone District: L Accessory Uses . The following BUILDINGS . STRUCTURES and USES shall be allowed in the R-4 Zone District so lone as they are clearly incidental and ACCESSORY to a USE Allowed- by Richt. Note : The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the oricinal effective date of this Chapter (August 25 . 1981 ) on LOTS of less than ten ( 100 acres in SUBDIVISIONS and HISTORIC TOWN ,ITES shall not exceed four (4 ) percent of the total LOT area , except in e _ ional 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 ITE exceed twice the GROSS FLOOR AREA of the rinciD al 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 parkin STRUCTURES , not including parking of COMMERCIAL VEHICLES . 2 . STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 120 . V, not uncludin CARGO CONTAINERS . 3 . Swimming pools , tennis courts and similar ACCESSORY USES and STRUCTURES . Chapter 23 - Zoning code updates 3/6119 DRAFT Page 127 of 246 4 . VVIND GENERATORS allowed as ACCESSORY USES in Section 23 -4 -450 of this Chapter. Uses by-Special - Review . The f o i I o Y Y i n g B LLI-LDIN€ , T U 1 • _TMY7�_ l� c of ` Y to d h operated p pl _ : I r►�r i t r� r,^n r�l r�r� ti i tl� , ui r rr�e s r i �n d maintained-in the � - 4 ��i `kr��t upon� �, ��f � �-� . and proceduces •set-it-94h in Article II , Division 4 of this Chapter. 1 . USES listed- as. Uses by Special Review 1Qc the - 1 Zone District. E. Uses Allowed by Permit. No USE - listed in this Subsection shall commence construction or operation in the R -4 Zone District without prior approval of a land use permit from the Department of Planning Services _ 1 . HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. . One C 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 3errnitted under Division 10 of Article II of this Chaster. 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 per it under Division 6 of Article IV of this Chapter. Site Plan Revi w- -equ rec DING ora cTURE--shall c USED , changed in USE or--type-of occupancy! DEVELOPED , erected , constructed , - =d;- o t u ur l =altered or operated in the R -4 Zone District#tii a Site Plan Review has been approved b e , artment tan-Ting Services, It shall b-e--necessary thataappTicant in the R -4 Zone -Di � -- t t thie--distfict requirements that are ap-plica --- - ,---- LI-S - t r z. ed have-been or shall be corn plied with accordicfg to-the-intent of Article ILI7--Div4sion 3 of t - -ris Bch _ • - apptication process . F , Uses by Special Review . The following BUILDINGS , STRUCTURES and USES may be constructed , occuzliad qperated 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 . °I .. ACCESSORY BUILDINGS with .a GROSS FLOOR AREA larger than four () percent of the total LOT area , as detailed in Subparagraph D above . . CEMETERIES . 3 , CHILD CARE CENTERS . 4 , HOSPITALS , nursing homes, rehabilitation centers . 5. PIPELINES DOMESTIC WATER in accordance with Division ! of_Artidle II of this Chapter 6 . RESIDENTIAL THERAPEUTIC CENTERS _ 7 , USES similar to the U E _IJsted as erritted as lore as the USE complies with the general intent of the Zone District . 8 . WIND GENERATORS recuirinc the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec . 23 -3 - 150 . - R -5 ( Mobile Manufactured Home Residential ) Zone District. Intent The purpose of the R-5 Zone District is to provide areas the ' TIT -V for --MOB LE OV _ J for single-family and duplex residential occupancy, These areas are intended to be locate& designed and developed in compliance with Chapter 22 the applicable requirements of this Code-anckt-h 1 -T P-LAiN --of-affected -mr ioipa-1 e The R-5 Zone District is also intended to accommodate nonresidential land uses USES that are opt-ACCESSORY to ar -or compatible with residential USES-allowed 4h —ane l istr1c, E . Uses Allowed by Right, No BUILDING , STRUCTURE or land shall be USED , and no BUILDING or STRUCTURE shall be hereafter erected , structurally altered , enlarged or maintained in the R-5 Zone District, except for one ( 1 or more of the following USES . Land in the -R 5 Zone- District - must be USED in -oomp. iance it--i the- -bulk requirements coat -fined Secti = _1-60,be SES within—tile-A -5 Zone District--ire subject to the a dTt or e e in Articles Wand V -of-tl is Chapter. 1 .. FISHING and noncommercial WATER SKIING . Chapter 23 - Zoning code updates 3/6t19 DRAFT Page 128 of 246 2 . 'GARDENING . 3 . One ( 1 ) NONCOMMERCIAL TOWER yam to fortt(40D feet in height per LEGAL LOT . ( See Section 2_3-478951 4 . PUBLIC parks 5 . PUBLIC SCHOOLS 6 , OneSINGLE-FAMILY DWELLING DUPLEX DWELLING . or GROUP HOME FACILITY ,Der LEGAL LOT. 7 . UTILITY SERVICE FACILITIES . 1 . One ( 1 ) MOBILE HOME, MANUFACTURED HOME -or SING--. E F 1-LY=L WE . L ING per LEGAL LOT. The MOBILE HOMESfTTANT�T�'CUF CTU ,ED HOME -or- or-SINGLE FA IL r�:�r tELL '-,-�I shall be connected to and � served by a PUBLIC WATER system-and a PUBLIC SEWER system. This requi rnent does not app y to SE AL LOT created prior to the e -in-a1 effective date of this Chapter (Aug st 25 , 1981 ) . P-UBLI-C--parks and LPU- -LIC recreation areas. . PUBLIC school- 4 . Police -and fire stations or facility . 5. UTILITYSERVICE FJ4CILET-tE 6. • ROUP-HOM -FAUft I 7 - FO STEP CARE HOME. , r _ - ' QAAA or-PIPELINE - 'ET E RO► DUCT QT4ER -IAN NATURAL a . LAP_Required.--No-P1-re d .--N o-Pt - �._ � � JEIROLEUM PRODUCT - OTHER THAN- IAT—URAL- I--berm e -- - n t sidential ) - one-DistAict until a LAP has been issued by-the-Department of 74°annine- 'Services or the Board of County Commissioners in accordance rh the applicator procedures set forth-in-Division 11 , of-thisChapter.- C . Uses Allowed by Right sub'ect to the requirement of Site Plan Review. The followinc USES shall be allowed in the R _ 5 Zone District following aa, proyal and recordin of a_Site Plan in accordance with Article II , Division 3 of this ES allowed by Site Plan Review nn the R - 5 Zone District shall cornDlywith the bulk requirements contained in Section 23-3- 160, beim., USES within the R-5 Zone District are subject to the additional requirements contained - in Articles I ' and V of this Chapter., as _ p Iioable. 1 . CHURCHES . 2 . COMNILJNITY BUILDINGS . 3 . Golf courses. 4 . Police, ambu'iance, and fire stations or facilities . 5 . Private SCHOOLS . 6 . RECREATIONAL 'FACILITIES , PUBLIC and PRIVATE . � - following--BUILDINGS, STRUCTURES-and -USES nail De allowed in -the- R-5 Zone District so long as they are ri ORY to-the-Uses Al e by Right in the R 5- Zone District. Suci ESC _L \ GS , TR ...-C- U-F -.esigned 'constructed and-operated in conformance-with the bulk requirements containec4n--Section 22-3-160 bete A ORY E - it-h -n4 e R 5 Zone District are also subjeotto-The ad-citional requtremerts contained in Articles and V of this C p r. Note : The combined GrROSS OO A A o a FF`' C Rya DI N GS constructed r--th rig �n I f er�t i re date of tt Chapter (August 25 , 1981 ) on LOTSin an ed or ed subdivision plat or-LOTS-part of a - map or plan filed prior to--adoption of any regulations controlling subdivisions of less than ten- }-acres shall not exceed four percent (1%) of the total lot area, except in the- Regional Urba on Area ( R-I !--which shat1 adhere to-R-UA development stankiards , However. n -ho case shall suonn-an accessory building exceed twice the gross floor area of the primary residence on the-lot except by variance . Any accessory structure coact e - nnhy application of this Subsectionmay be repaired-, ,,replaced or restored in total . 1 . USES listed as ACCESSORY U €-S-in+-the R - 1 Zone Distr4ch D . Accessory Uses . The followinc BUILDIN S' _ TRUCTURE and USES shall be allowed in the R -5 Zone District so long as they are clearly incicental and ACCESSORY to a USE Allowed by Right: Note : The combined GROSS FLOOR AREA of all ACCESSORY BULLDINGS constructed after the original effective date of this Chapter ; ust 25 , 1981 ) on LOTS of less than ten ( 1W acres in SUBDIVISIONS and HISTORIC TOWN SITES shall not exceed four (4 ercent 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 Chapter 23 — Zoning code updates 6/ 19 DRAFT Page 129 of 246 or HISTORIC TOVVNSITE exceed trice the GROSS FLOOR AREA of the orinci al DWELLING UNIT on the LOT e ce t b VARIANCE . Any ACCESSORY BUILDING made nonconforminc b a Iication of this Section ma be repaired , replaced or restored in total . 1 . Parking areas and parking__STRU ! T1URES, riot including parking of COMMERCIAL VEHICLES . 2 . STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 120 . B , not including CARGO CONTAINERS . a Swimming poolt�_tennis courts and similar ACCESSORY USES and STRUCTURES . 4 . WIND GENERATORS allowed as ACCESSORY USES in Section 23 -4-450 of this Chapter. Uses by Special Review. Tne BUILDI-NGSr nd- E&-tray be-constructed,--occupied , operated-and maintained- in the R-52-one District upon appro. , a once with-the requirements and p 'ocecL:res set loran `n Art.o e , Di �risil / of this Chapters 1 . USES listed as Uses- e R-1t- Zone--Dst 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 l permitted under Division 13 of Article IV of this Chapter. ' . One ( U 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 thisChapter_ r i i ._ ._ , . t ti ... .....,...: ,... 1 fl ... . .; . . . T L ... Y._ 1 tE .. ,. BUILDINGS , . i 1 i ice, i n i ,r"y �.'`� STRUCTURES t 1l 1 c.r"+ i 1 fl fl .... .,..: .Ji 1 b t 1� t`r L L _. . .. _ .� = �1 Uses b . OPeUIdI Review. I rte ohowi Il_: BUILDINGS , S I RUC I URCS arid UOCS may be Lur stI0cteu , UUCLLJ WU , °_ terated and maintained in the R-5 Zone District upon approval of a permit in accordance with the cecuirernents and procedures set forth in Article II , Division 4 of this Chapter. 1 . ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four t41 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 O'` _- NERATORS requirinq the issuance of Special Review Permit under Division 6 of Article RI of this Chapter. Sec . 23-3-160 . - Bulk requirements . The following Tables 23A 232 below and 23 : 5 lists the Bulk Requirements for the R- 1 , R-2 , R-3 , R -4 and R -5 Zone Districts . All BUILDINGS . STRUCTURES , USES , and land in the Residential Zone Districts are sub ect to the requirements contained in this Section. Table 23.4 232 Bulk Requirements for R-1 , R-2., R-31 and R-4 , and R-5 Zone Districts Section Requirement R- 1 P- ' R-3 R-4 R-5 A_ Minimum LOT size ( sg : ft . ) 6 , 000 6 , 000 6. 000 6 . 000 6 , 000 Chapter 23 — Zoning code updates 3/6119 DRAFT Page 130 of 246 - -Mir Frnum LOT area per resi-dectia-t ' , � 4 5500 475, 0-0 3400 STRUCTURE (sq : f) �, Minimum LOT arealOle GDWELLI UNIT _ . 6, OO0 3 . 000 3M00 1 , 500 , 000 C. Minimum LOT width 150 i ] 50 50 50 3 D . Minimum SETBACK (feet) 20 lii 20 20 2O Minimum OFFSET (feet) . Fences Five ( 5) feet, or one MI foot for each three ( 3j feet of BUILDING are not required-to com0-y-wit t the HEIGHT, whichever is greater, or zero (0 ) for attached DWELLING E. minimum OFFSET s-f°-- y UNITS . where permitted e � per tied and where located along a party wall located on the property line meetinc the requirements of Chapter 29 of the Feld County Cede Maximum BUILDING DIN,: HEIGHT F. feet 30 30 30 : 45 30 I i G . Maximum ur LOT coverage 50 COVERAGE ( %) i I Two (21 per LOT in R- 1 Zone District, Subject to the 4ionat Ma ximum aximum number of ANIMAL ce u ' r entsrr - tion 23 -1 -710, ,ICI UNITS permite�ed per LOT reANIMAL L UNITS are not permitted in the R- , R-3 , R-4 and R-5 Zone Districts. 'Ala.ximum number of HOUSEHOLD Up to four ( 4 ) of one ( 1 ) species or a total of seven ( 71 of two ,(2 ) or eselle i PETS per premises more species _ Table-234 Bulk Requirements for R-5 Zone-District I, im a . _ - - n—, I 5eCtiO4 I Requirement ______J I Md7 Rd'le Y'YI.F'Y117 PlV C'k Q � ^ _ __ Y Minimum LOT- area ( sq . ft. ) 41 M9nim LAM LOT width ftNIA 670-0-0 a Minimum SETBACK OFFSET- See Note 4-below and Subsection Li See Note below and SLbsection L. 1 4-Tho r-. -f --SETBACK-in MOB4 E HOME PARK -aqa=t0ME SUBDIVISIONS—al bo 4y-(20 ) fee . The rn um front yard setbaGk for MOBI HO,E: K pproved pflor to January 2-5 1978 , and-MO approved per.or to January 14 965 , shall be zero--(O) feet. The-location in these Darks ands si - or --L E -DIVES shall be such that no MOBILE -HOME or attastied potion of a MOBILE 'E will encroac R --r r , JACEICIT read , Bow line of the—ADJACENT ii., road or sidewalk ADJACENT to the MOBILE HOME. i Li Minimum side yard OFFSETS and: SETBACKS minim-urn-rear yard O T for EXISTING MANUFACTURED HO_ME PARKS _ 1 _ The slide and rear yard OFFSET requirements in MOBILE MANUFACTURED HOME PARKS shall be based on the distance between MOBILE MANUFACTURED HOME units measured from the closest point or edge of the MOBILE MANUFACTURED HOME as follows : a . Ten ( 10 ) feet between MOBILE MANUFACTURED HOMES if the units are placed end (width ) to end (width) . b Fifteen ( 15) feet between MOBILE MANUFACTURED HOMES if the units are placed side (length ) to s %de ( length ). c . Twelve and one half ( 12 . 5 ) feet between MOBILE MANUFACTURED HOMES it the units are placed side ( length ) to end (width ) , 1 _ For the purpose of this Subsection , the ends (width) of MOBILE MANUFACTURED HOMES that are greater than sixteen ( 16) feet in width , such as double-wide MOBILE MANUFACTURED Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 131 of 246 HOMES , shall be considered to be sides of the MOLElptIL-E MANUFACTURED HOME in measuring distances between MOBILE MANUFACTURED HOME units _ e . A MOBILE MANUFACTURED HOME shah have a minimum OFFSET of five ( 5 ) feet from the perimeter of the MOB _E MANUFACTURED TURFED HOME PARK e rer 4 DJ ENT prope iGh icr A tnn rn r to h FP r 411 ia :r -. O- . . UL a - ■ . a.' L - r r . w sTi. as r •'at'7•' `T. • - • �. ! :t 'r S a..w I . W r w w n n f. ACCESSORY BUILDINGS and STRUCTURES on the same LOT or space as a Meliplbg MANUFACTURED HOME shall have a mirimurn clearance of ten ( 10 ) feet from any STRUCTURE or b-L-E MANUFACTURED HOME on any other LOT or space. g . Commonly owned or utilized BUILDING vhiGh-are accessory-ACCESSORY to the pa MANUFACTURED HOME PARK site shall have a minimum clearance of ten ( 10) feet from any other STRUCTURE or MOBILE MANUFACTURED HOME. h . The minimum SETBACK in MANUFACTURED HOME PARKS shall be twenty 21Yi feet. The minimum SETBACK for MANUFACTURED HOME E PARK _approved prior to_ January 25. 1978 , and MANUFACTURED HOME SUBDIVISIONS approved prior to January 1 1965 , shall be zero ( Q) feet, provided that no portion of any BUILDING or STRUCTURE shall encroach into the nearest travel lane of_the ad-centSTREET/ROAD , flow line of the adjacent STiREETIROAD , or sidewalk ad scent to the MANUFACTURED HOME . 2 . ( Repea ed JThe and rear y-acd-OFFSET requirements in the MOB-IL- E--HO B-P-I ISION B shall oe a: fa Ir-,rwn a . Thesi p-(length ) of a MOBI! HO _ siall be paced no ass ha-1 se from any rear or side yard-LOTS - -The-end GI—s—than—five—(-5 )-feet from any-rear or side yard LOT tin a. For the purpose of this Subsection . the ends (W+dt- f MOBILE HOMES that are greater than & teen- 1- )-foot in width shall be cons-f -erect = be f ' f-M-OBJILE HOMES-for-the purpose-of- measuring-off-set d . ACCESSORY BUILDI . TR r T ES on a t or space as a MOBILE-HOME sha-11-h-a-ve- a-- in-i m-rear and side yard OFFSET from the lot—tine of- five ( 5) feet : rnmmon1;a nviawri nr a ilogids ip_riT;Il lR which ezra f" ".'` t= ' ' "t vicar rns 1 11 h v 4i . �a V ! '! ' !- I f■ ■ Y ■ . ! ■ V t.j Y . M L a. I� . n s • • . • • . ar J • ae•• aa• • w . . ar a• . +- v — — +w . a • . �. . • . • • • •�... a •�- .rY, .e 4e— r'•r: = i-row the WI line of ten ( 10) feet. ti:00 14 No occupied_ BUILDING or STRUCTURE shall be constructed within a-three-hundred -fifty , 35O `;_foot radius feet of any OIL AND GAS PRODUCTION- FA ILITYI- or within a-twenty-five (25) foot rad+us feet of any plugged or abandoned oil and gas well . Ally-c within a thr=ee -hur-e +f foot radius of OIL AND GAS PRODUCTION FACILITICS shall require a-variance from the terms of this Chapter actor-danc=e with Subsection -n-S-I -of-t s Code_ V . Sources of lit ht shall be shielded so that beams or rays_of light will not shine directly onto ADJACENT properties or PULIC or private STREETS/ ROAD. Neither the direct nor reflected lid ht from any light source may create traffic hazard to operators of motor vehicles on PUBLIC or private TRIEETS/ROAD . No colored lights may be used whhch may be confused with or construed as traffic control devices . All externa ig Virg aria be cesigned in accordance wit Paragraph 23 2 160 . U . 6, Sec! 23-3 -170 . Farming of undeveloped land . FARMING shall be allowed on any undeveloped land in any R Zone District as Ion + as the maximum number of ANIMAL UNITS Der LOT is not exceeded in the R- 1 Zone District. No ANIMAL UNITS are &mated in other R Zone . _ stricts Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 132 of 246 Division 3 - Commercial Zone Districts Secs, 23 -3 -200 . - Intent-. The COMMERCIAL Zone Districts are intendec 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 travelinc Public. Attractive, inviting , and well-maintained shoos, stores ,. OFFICES, and other BUILDINGS are characteristics of these di.striots . ` ,,- N tE nprovide safe , -efficient areas in which to offer -goods and olesal or retail,The regtlations contained-herein have-been established so as to provid = e COUNT `---which meet the needs-of-theCOUNTY-residents and visitors fGr goods and service , . a eating adverse-effects on surrounding uses-or on the area in whi is-established . These regulations are aIs&--desig-rr -to- .,;n t -t iealth , safety-and-general welfare of t present and f u t u-re--res id e-nts of-the COUNT-Y- Sec. 234 -210 . al CA ( Neighborhood Commercial ) Zone District A. Intent. The purpose of the C - 1 Zone District is to des_iqpate areas for activities that provide convenient coods , services , and compatible USES_primarily for the residents of ad acent NEIGHBORHOODS _ When desicned 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 . ta -ish and p-reserve areas for-activ4ies which providecon- r�+•e o imarily for tie rest t-s-- f a specific I-E HBO —Tho C 1 Zone District , , and o hat minimizes the undesira -e i pacts of the-aI10 e I n ( le NE1 RHOOD i n w h-they ace-located . B. Uses Allowed by Right . No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected , structurally altered . enlarged or maintained in the - 1 Zone District except for one ( 1 ) or more of the folicwang USES listed in this section , which m Est D BUILDINGS and in-- pr « nce wi he performance standards-contained in Section 23 .3 .o.w_ No outside storage OUTDOOR STORAGE will be is allowed in the C- 1 Zone District , USES withisn-the Cral Zone District shall also be subject to addit4ianal requirements--contained--.in Artiohes ! V and. V of this-Ghapter. I . Stores and shops wh=ich-furnish personal services and merchandise primarily intended for personal , family or household purposes by the-residents- of the area in which the uses located . Individual stores or shops may- not have a -GRO -FLOOR-A-R . great-4-han three thousand (3;OOO) square feet Stories and shops in the o e •s i usiness hours during any part of the period-between 1 O o -p r-rr . and 6 : 00 a , m . Examples of proper stores -or shops include: convenience food stoves -haredware stores, barber or -beauty---shops, liquor stacescs dry cleaners a esira-operated-laundries . One .: 1 ) NONCOMMERCIAL TOWER per LEGAL LOT up to forty ( WE, feet in height per LEGAL LOT. ( See Section 23-4-895L 2_. RESTAURANTS , not inc uding those having a total customer seating capacity of more than-one ciundred EGO-)_an 4e + r, N1-T operation-s oluding tie dcti-' y of-food or beverages to customers vehicles-en the premises or RESTAURANT operatiflt are fweelarninantly off-premises consu t n in-nature . PUBLIC PARKS . . PUBLIC SCHOOLS and-P g;,. sses . 4 . OMl' ER IALSC-HO L , limited to : r -door instruction . TELECOMMUNICATION ANTENNA TOWER , up to thirty-five ( 35) feet in height 5 . PUB-LIC RECREATIONAL AAG4LIT ES, c munrn—BU I L- DA - museum and libraries .. - - UTILITY SERVICE FACILITIES . . Police and fire stations and facilities _ -7- OFFICES , but -not ncluding INDIVIDUAL UAL OFFICES ifh A GROSSFLOO. -E o r-sthr-ee-t-ious 4 ( 3 , 000) square feet- 8 . - -LLTIL1TY SERVICE FAGI UT E . 9 . Carr r C RE CENTER . t-o. TEMPORARY-se na!- e 7 ding fruit and- vegetable stands; and facilities fog--tie sae of fireworks and Chris-t s trees, subject to the permit requirements of Article-IV , Division 7-this Chapter. Chapter 23 — Zoning code updates 316/ 9 DRAFT Page 133 of 246 11 . Massage parlor. 12 . Asphalt or-con rc►te bath plant used--temporarily- and exclei �i�1� ► 1_f . c�rr�� it r struction project Asphalt -7C7'Gi 7.�p� 'y �i �Gii-I-¢T'1-G3'i-F�'�:�� If tmagnIse a xtefidectai n &&xr wont- -=i re ran ti nts at thediscretion—of—lie-D ce r of Planning- -ery i s--u p to two 4 times; and-Thereafter by the Board of Count Comm+ inner-& 13 . One ( 1 ) TELLCO .ar—: � �OD ER nubject4e-the-provisions ofarticle IV, Division 143-of t-h-i-r-Choptcr . 14 BREINPUB . 15 I LAND-G F--,► I-UIT . a - WO LA Required. No OIL AND A CILI-T ` --(-Neighborhood GemmeroialyZone D#ttrie until or the Board of County Commissioners in accordance with the application procedures set forth--in Ark -1-I , Vifi1GA4 0 . of this Chapter. 1-6 . PIPELI T TD AL -or PIPELINE PETROLEUM PRODUCTS-OTHER THAN NATURAL a LAP Required_ N 2- mLlt - t Tt -R - _ , PT RO EUW D ' D' LC 0- - ER THAN NATURAL GAS shall-be-developed d inn the Cr r i. w {n -ricer- +Il a LAP has -been issued by tie Department of Planning Sera Commissioners in accoreance -with--the-apps ; ures set-forth-in-Division-1-1 , of this r- C . Uses Allowed by_ Right subject to the requirement of Site Plan Review. The followin . USES shall be allowed in the C - 1 Zone District following approval and recording of a Site Plan in accordance with Article II , Division 3 , of this Chapter . Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from ad:acent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1 -3 , BREW PUBS . 2 . CAR WASHES and pas stations . 3 - CHILD CARE CENTERS . 4 - CHURCHES . 5 , COMMERCIAL SCHOOLS . 6. COMMUNITY BUILDINGS _ 7 . CONTRACTOR ' S' SHOPS . 8 . EVENT FACILITIES . 9 . Grains , seed , feed , and fertilizer retail and wholesale sales establishments 10 . HOSPITALS nursing homes . rehabilitation centers , 11 . NIGHTCLUBS , BARS . LOUNGES OR TAVERNS , 12 . OFFICE 13_ Police, ambulance, and fire stations or facilities . 14 . RECREATIONAL FACILITIES, PUBLIC and PRIVATE 15 . RESTAURANTS. 16 . RETAIL/SERVICERETAIL/SERVICE__ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3 , 000 ) square feet per LEGAL LOT. 17. SCHOOLS , private . It- 1 N TRU T kF - and USES shall be allowed in-the-C-1-Zone- District se-long as they are clearlycleaFly—inneidental and ACCESSORY to tic Uses Al awes-- Ri !STRUCTURES-and USES must be designed , constructed a ' emoted cow-loin-nuance-with the-performance standards contained i ee ; _ .� -- CCESSORY USE Iin the ' ne District shall also be subject to additional requirements -contained in Articles IV and V of this Chapter. 1 . Parking areas RUCTLIS for -D -E dye `fldes, customers-and company vehicles -tang- -s-such parking areas are pa d--a -d- C EE QED corn—ADJACENTT Properties zones R- °.-; -R 2 , R 3 , R ' or R 5. 27 Loading areas or STRUCTURES so long as such-loading areas or STRUCTURES are SCREENED -from ADJ R-1 -2 , R 3 . R '1 Chapter 23 - Zoning code updates 3/6/ 1 9 DRAFT Page 134 of 246 3 Storage BUILD 1-G "in-the-contact of tee Use Mowed by Right- so Fong- as t GROSS FLOOR AREA of-- -E ORY BUILDING does not -cause -the total GROSS FLOOR AREA of the principal-USE AACCESSORY USE to be argper- •a n perm itt e -pra n ci p n I=U= E k —=O na- == I + LE- AMIL ' DWELLING D_WELLING UNIT when USED as-living quartet for the-p -sp- tor , employee-s, caretakers or securl ef-sonnel res J r r-. F -J f� � � " " "�'�tainRl fg or guardhg the, property SAM he-re su[-.+d"1 DWELLING , T, -' ,�r,losed wi'thin :he PRINCIPAL BL4L I . Y 5 . WI-15410- ENERA.TOR , which , r . re tht i ��a��,--I�issuance of a Zortng ermlt-fer-W-INE-- RATOR , as per Chapter 23 Article IV , 0ivi540n 6 o this Code . 6 . TELECOMMUNICATION ANTENNA -TOWERS , w' b Zaoning--Permit for a TELECOM C erg �► TEN T WER .. � t e proyi ions of Art ' � i � t�-� • - ��I+� IV, ��+�� on 10 of this Chapter NCO MER L TOWER . Accessory Uses .. The fo@lowinq BUILDINGS , STRUCTUR S and USES shall be allowed in the Cr1 Zone District so IonQas they are clearly incidental and ACCESSORY to a U C Allowed by Right and included on an approved, and recorded Site Plan , Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adacent PUBLIC RIGHTS -OF-WAY and ADJACENT LOTS in an Zone District other I-3 . 1 Loading areas. 2 . Parking areas and parking STRUCTURES for USE by employees , customers and company vehicles, 3 . One C1 r SINGLE-FAMILY DWELLING UNIT when USED as livinc garters for the_proprietor1 employees ,. caretakers or security personnel responsible for operating , rnaintaininc orguarding the re ert where such DWELLING UNIT is ENCLOSED within the PRINCIPAL BUILDING . 4 . STRUCTURESand 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 + hapter. r i view_ The following BUILDINGS , STRUCTURES and USES may be cow-uctec1 -- cupie ; operateEi and maintained in the C-4 Zone-District upon-approval ef a per i -nn--a rdance with-the requirements and procedures set forth in Arti -Ie-l4 Leivi-si-o-n-Z-of this-Chapter. 1 . Private or COMMERCIAL RE Es 2 .. RESTAURANTS-with-outdoor-seating capabilities, prov' t-outdoor-arms are GREENED-and. do not create a RESTAURANT .cat - 3 . Storage DU L- INGS for materials USES-" c -he Use Allowed y Ri -t wh-ich are larger than otherwise perrnitteo as an ACCESSORY USE in time G-1 Zone DistF 4 . Stores-arid shops which :-personal services and merchand e-Ornapil-y i+ erg -f r-personal t or hes ehol M purposes-by the residents of the area -in whien the USE is-located anc which do-not meet-the it a AREA larger 1000 ) square feet, c- - 0-I-L OR GAS PROW -TION FACILITIES. 7 , GLE1494-1 E-I-L-E--HOME when-U -as- - } for---t-he-pr ,-ietc , employees, caretakers-or security person respon-stble for operating , rnaintailing or guarding the property subject to the provisions of Sectien 23 - 4 -22O. 8 . GEM FT '- 9 . RESIDENTIAL THERAPEUTIC €N-TES 10 WIND GENERATORS requiring the-issliance of Use - by -Special Review Permit,, as per- ter 23, Miele H,Division 4 ond=Chaptor 23 , Art4 . i ; T this Code-- UNI ATION ANTE I- ' 1N TOWERS , which require--U-se by= ial Review- Permit, subject-to ic1e I- Division PO of +e Chapter- 12 . P'IPEUNE - DOMESTIC WAr-_- -- E Uses Allowed b Permit. No USE listed' in this Subsection shall commence construction or operation in the C - 1 Zone District without prior a c proval of a land use permit from the Department of Planning Services. 4I , One ( 1 ) MANUFACTURED I. OWE Der LEGAL LOT when USED as living quarters for caretaker or security ,Personnel responsible for maintainincLor guarding the prpperty , ermitted under Division 3 of Article IV of this Chapter. Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 135 of 248 2 . One ( 1 ) NONCOMMERCIAL TOWER between forty (40) and seventy j70 ) feet in height aer LEGAL LOT permitted under Sect= 23-4 -895 , 3 . OIL AND GAS FACILITIES permitted under Division 10 of Article I I of this Chapter . 4 PIPELINES - NATURAL SAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under DMsuon 11 of Article [ I of this Chapter . —5 . TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five t 5 and seventy CPT ,' feet in height permitted under Division 10 of Article IV of this -Chapter, f _ TEMPORARY Y 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. Ste-P !-an Review Required--No-land , BUILDING - oshall be USED , changed in USE or type of occupancy , DEVELOPED , erecrted , constructed , re ruttec --moved or er-e d or op r led in the C---A Zone District until I tie Department of- Plan-n-ing-, ervices . 14-shalfl necessary that the applicant in the G- 1 Zone District certify and state that the performance standards and district requirements that are applicable-to-the•- DEVELOPMENT and USES of property zoned C 1 have been or shawl be complied with-as cording§ to the intent of Article-14 . Diyisi�, � -i �- h sue# l-bc accomplished through the Site Plan Review application process. Uses-1is in t C1 Zone Di . . s and-shall-r-ak ---a t I or-- appr-oval of a permit in accordance with the rec uirernents and procedures--set ferti in Artiere 11 , Division 4 of this Chapter. 1 . Commercial towers subject to-the previsions of- Section 23- -800. 2 _ CHURCH . E, Us _by Special Review . The_foIlowig BUILDINGS, STRUCTURES and USES ma 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 . KENNEL . 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 E TER : 9 . TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70 ) feet in height 10. U Es_ iniilar to the USES listed as i rmitted as long as_the USE complies with the general intent of the Zone District.. 11 . _- eterinary clinics or animal hospitals . 12 _ ' IND GENERATORS requiring the issuance of pecial_ Rev ew Permit under Division .5 of Article IV of this Chapter. .ance Required . All BUILD NO , -and-land-located in the 1 Zone District-shad be located designed, used and-occupied-i uch-a-manner that the design and operation standards G . itRepealed .I B- -ik- 1 equirernents . Se 1 .. H . Repealed . See Subsection F . 10 . ) ►; ed 2bo e - --Ion mss the comp ' es with the general intent of the 4 •( Neighborhood Commercial)- Zone--Distric Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 136 of 246 Sec . 23-3m2213. - C -2 ( General Commercial ) Zone District. A. Intent.. The rurpose of the C -2 Zone District is to desicnate areas for more intense , higher traffic . or larger scale USES than the C - 1 district. C-2 District properties typically provide ids and services to the residents of muftiple NEIGHBORHOODS NEGHBORHOODS and in close oro imity t_o residential USES . Additionally , the C -2 District provides for the orderly development of those USES necessary to meet the community's social , cultural , medical , institutions , OF Z I OE , and civic needs . Intent.. The pu-r , _ * t- -t-is-to eat►410 and p;-escn e areac for activities which provide goods and scrviecs# the residents or areas -larger than-a local NEIGHB0RHOGD . The 0 -2 -Zone Districts shall-tie boated , designed am, operated in a manner that minirnFnes the a ndesir laimpacts t ES on the area4n B . Uses flowed 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 -2 Zone District except for one ( 1 ) or more of the folks-wing USES listed in this section ,_which must-be- ENCLOSED and-in compliance with the performance standlards contained in ec i . No utsdde storage OUTDOOR STORAGE will be allowed in the C -2 Zone District . USES within the C -2 Zone District shall also be subject to additional requirements contain V of this Chapter 1 . Oryef )_NON OIMIICIEFCCIAL TOWER up to forty ( 40 ' feet in height per LEGAL LOT. e Section 3-4- 895 2 . PUBLIC PARKS . 3 . PUBLIC SCHOOLS . 4 . TELECOMMUNICATION ANTENNA TOWERS up to thirty-five X3 ≥ feet in height. 5 . UTILITY ER ' ICE FACILITIES . 1 . - - fled - �g-ht- +n the C-t Zone District 2 . Stores arm- furnishing service= and merchan-dise at-reta-i - to--tie general publia, RE TAURANT , including DRIVE-Poi RE T URANT -.- 1 . NISI- T LUB . BAR-S-44)4NGES and TAVERNS 6 . THEATERS-i-conventon halls and other such-facilities-and STRUCTURES , private or PUBU , with salting capacities not over- one thousand (-11-100047 7. EAablishmerits-for the sale and care of HOUSEHOLD PETS . --OFF ICES . g -- -=--Lunheryards ,. met- including lumberyards with outside- storage . Lumberyards ryards that utilize storage ST U TURE ag an open-side shall be permitted so long -as tie- en si -.n ' l r - public rights of way or from surrounding properties . Establishments for the -repair and/or restoration of small electrical equipment and aool antes such as ratho television-sets , business office nach' nes and household appliances It. Private and COMMERCIAL RECREATIONAL FACILITIES. _ Hospitals , nursirigaornes, and r' er to r- tical rc hablli-talion centers _ � + - ie TF- ; -ERAL HOMES. 14 . - HOTELS or OT 5 . ADULT 3L SINESS , SE ( - .� - -� NT subject to the provisions of Article Ix of this Chapter, 16 . 0nel-13- icrowave, COMMERCIAL-radio , television or other coma nicatioaansmissionoc-r ay to seventy (70) feet or less in-height--per LOT < m suce from 9r4oun 4eve-I} - ne ( 1 ) TE L ECOMMUNIC � T- ,ITENN �, T W � a bjec the provisions of Artiste-IV Divisioi `l-0 of �'Fi '�' �TZ-fTTTIr� � M y�. �- - -a � � d �.:. this-chapter. 18 OIL AND GAS F ILITI-EEEEEEEE a. WOGLA Required . No OIL- AND GAS SCI-LI ,all be developed in the 2 ( General Commercial) Zone District until a- as been issued- by the Deaaftrnent of Planning e ices or the-Board of County Commission-e- j ::-ion-procedures-set-fort) in Artie l-1 , Division 1-0, of this - hapter.. 9. PIPELINE - NATURAL GAS or . DELI N E - PETROLEUM PRODUCTS fi OTHER THAI--( TJ R r a LAP Required: No PIPELINE - NATURAL GAS Of P' IPELlNE PETROLEUM PRODUCTS OTHER THaTURALGAS shall -be developed En the C 3 ( Business Commercial ' e District-until a LAP Chapter 23 - Zoning code updates 3/6/ 1g DRAFT Page 137 of 246 has-been issued by the Depar:rnent-aft-an-r ing Services•-- r the, Board ► Cowry Commissioners in accordance with the app-1i-cation-procedures set forth-gill-PFvi•si n--11 , of I +s Chapter . C . Uses Allowed by Right subject to the requirement of Site Flan Review_ The folIowinc USES shall be allowed in the 0 -2 Zone District following approval and recording) of a Site Plan in accordance with Article II 'Division 3 , of this Chanter . No nuTflooR STORAGE will be allowed in the 0 -2 Zone District. Any USE conducted) outside of an ENCLOSED BUILDING shall be SCREENED from ad - acent PUBLIC RIGHTS -OF-WAY and ADJACENT LOTS in any Zone District other k3 , 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 ec: uipn gent sales , repair, and installation facilities . '1 n Fl INFRA' NfI�� Ft Qnr i rind' _ iir� €sc i� %?INFRA'! %# s I ! s..v rta. v %ai . ! ■ ! I . L-• c... r ■ vv . 11 . Golf courses , 12 . Grain . seed . feed , and fertilizer retail and wholesale sales establishments . 13 _ HOSPITALS , nursing homeq, 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 . RET IU ER 10E 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 carvenhcn halls. 25 Veterinarian clinics and animal hospitals . 2 . VEHICLE RENTAL . SALES , SERVICE and/or REPAI ESTABLISHMENTS . AccaAoryUses . The following BUILDNGSp STRUCTURES and USES shall be allowed in-fire C -2 Zone District sa-long as they are -ems incidental and-ACCESSORY to the Uses ATlowcc a .� r� STRUCTURESar l �_�,- - ,- �. � � � �,�„ � �+ �� structe - and operated in conformance with-the-roman- -e � _ ctieri-23-3 250 below , ACCESSORY-USES withi-n -ttio 2Zone-District shall also be subjest-to=-a t nal ' weed in Articles IV and V o' this Chapter. -1 . Padijng areas--c►c-STRUCTURESfor USE y-e ipIoyecc stop s and-company vehicles so long as such wing altos are pa ved-a rid- R E E-1 -E f r l-ADJACENT property-zoned- =1-: R-2 , R 1 , -4orl 1 . 2 . Loading areas or STRUCTURES so long ass c s or STRUCTURES are SCREEN-ED-from direct view of persons san-A C JT-properties-zoned R 1 , R 2 , R 3 ; R 4 , R 5 , C -'L, CA ar 447 Chapter 23 Zoning code updates 3/6/19 DRAFT Page 138 of 246 3 St r aterii s-Grid uet-c�f t e i se I �.�, -�-tom,-�,-g�-.�--Tames �- r� e ( 1 > - -IN LE - RAWLY DWELLIH . I-T ',�! �E E_--as U-ving qual for-the proprietor, ernpioyetis ,. caretakers or sect-rit for ope, at ng , main-4441gc- ardin c DVIIELLING UNIT iE, ENCLOSED-within the principal buildinck 5 , VI N G N►:lER R which ma w - Zoning-Permit for WIND G -ERATOF r1�e � a , as-per Chapter 23 , Article IV , Division 6 of this Cade . TEL E n �I rt I _ 1 - _ 'ermi- for a TEL ECOM UNt- H Chapter= 7 . NONCOMMERCIAL TOWER _ D . Accessor r Uses _ The followin BUILDINGS , STRUCTURES and USES shall be allowed in the C-2 Zone_District so loner as they are clearly incidental and ACCESSORY to a USE Allowed by Right and included on an approved and recorded Site Plan . And USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from ad 'ace rt PUBLIC RIGHTS-OF -WAY and ADJACENT LOTS in any Zone District other I - 3 , 1 . Loading areas . 2 . Parking areas and parking STRUCTURES far USE by employees customers and corn are vehi le . 3 . One 0I SINGLE-FAMILY DWELLING UNIT when USED as livine • carters for the proprietor, employees caretakers or security personnel responsible for operating . maintaining or guarding the pro where such DWELLING UNIT is ENCLOSED within the PRINCIPAL BUILDING . 4. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23- 3 -220 . B , not ineludinc CARGO- CONTAINERS . 5 . WIND GENERATORS allowed as ACCESSORY USES in Section 23-4 -450 of this Chapter. Uses by pe r-keview. The. . fa to ing BUILDING-ST-STRUCTURES and U E .may be constructed , occup . - � �rti� .� � �ct�i.rt� t , r-v.r,,a�, � rtr-r.rn�.r�� r�� operated and---n ► ntoined ln=fheC-2 Zo,--� a permit in accordance with _I e-requiremen of Article II , Division 4 of this Chapter. 1 . Microwave , COMM : _ ' owNTIurtcat-ion -transmission or- relay towers over seventy ( 70) "eel +n--height (measured from ground-Ieve } -Conrrer l=towers subject to the pro +siens of 2 . THEATER St convention halls-and--other such facilities with--seating capacities r-or e-tai-cusa ( 1 , 00-0-)f 3 . asoi#ne service stations . I . OIL AND GAS- r� � 1 � � r4� � c I ' . ---L - -E n-U D a _ I g-clatters-for the laroorietar, empioyeearearetakers or security personnel responsible-for operating . maintaining or guar the property subject to the provisions-of Section 23-4-220 . 7 , RESIDENTIAL THERAPEUTIC EN-TER 8 . WIND GENERATORS requ ri the i , � anc . of U r--t _ � �1-� - e it , as per Chapter 23 , Ar icle II ision 4- - 1✓ . � ele IV, Division 6 of this Code . 9 . T-ELECO-MAA-UN-leGATION ANTENNA TOWERS , which require a Us b-y - peciaJ Review ' mitcsklaject to the-previsions of Article IV, Division 10 of this ha- _ter- 10. PIPELt E- - DOMESTIC WATER7 I- AL GAS. • 2 . -Pi _ _ 1 \ E RO _EL V -P r H N NATURAL A E. Uses Allowed by Permit. No USE listed in this Subsection shell! commerce 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 HOVE per LEGAL LOT. _ hen USED as Ir + i+ nc cuarters for caretaker or security personnel responsible for maintaining or guarding the property , permitted under Division 3 of Article IV of this Chapter_ One ( 1 ) NONCOMMERCIAL TOWER between forty (40) and seventy ( 70 ) feet in heicht per LEGAL LOT permitted under Section 23 -4-895 . 3 OIL AND GAS FACILITIESpermitted under Division 10 of Article 11 of this Chapter. 4 . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRQDUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article I of this Chapter. Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 139 of 246 5 . TELECOMMUNICATIONS ANTENNkTOWERSbetween thirty-five X35 ) and seventy "7C feet in height. permitted Linder 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 zonfti rmit under Division 6 of Article IV of this Chapter. ! in - a O"1 type of occu pan y ELOPED, erected , constructed , reconstructed , ove or t tur --,altrar cate. i # the 2 Zone- s t -ti-I a Site -Pin-Review�ha. - bee•n by. to DepartPtient-ef P-a i , - be necessary that the applicant in the 0-2 Zone District certify and state-that th , t ndards and district requirements that are applicable to the DEVELOPMENT and USES of pre -n - _ i - _ 41145-Chapter. This shat be-accomplished though the Site e w application roc ss--Uses-iisted in-Subueet4o-n D ab pedal Review intte-G 2 Zone District chail be e- em.pt4 o l-the=$ite=PIan-- Revi -_r1r_ I -make-applicatiori approval of a oer'mIt in accordance with the requirem T -procedi tie iI , Division 4 of this Chapter. . 2 . CHURCH . F. Uses byS ecial Review. The followiric BUILDINGS , TRUCTURE and USES may be constructed , occupied , operated and maintained in the C-2 Zone District upon approval of a erniit in accordance with the requirements of Article II , Division 4 of this Chapter. I . CEMETERIES , 2 . KENNELS . as Open ICI N I NG and processing of minerals . 4. PIPELINE DOMESTIC WATER _in accordance with Division 6 of Article II of this Chapter. 5a RESIDENTIAL THERAPEU iC CENTERS . 6 . TELECOMMUNICATIONS ANTENNA TOWERS over seventy 70 ' feet in height. 7 . USES similar to the USES listed as permitted as long as the USE complies with the General intent of the Zone District . 8 . Veterinary clinics or animal hospitals_ 9 . WINO GENERATORS rep a firing the issuance of Special Review Permit under Division 6 of Artucle IV of this Chapter g i r lie uired _ All BUILDINGS, TRU T Dos* s all- be located , designedISED and occupied in such a- ran ' — e, raticn standards -contained in Section 23 3 250 below are met. G . ( Repealed . ) Bulk Requirements _ See Section 23- 3 250 ) be ow_ H . C e ealed . See Subsection E . l . ) USES similar-to-t USES listed above, so long as the USE -compties-witti-the general intent of the -2 ( enera Gen mersi l ) Zone-District. Sec . 23 -3 -230. C -3 ( Business Regional Commercial ) Zone District. A Intent . The purpose of the C-3 Zone District is to designate areas of commerce for the benefit of the broader region, - such as large-scale regional shopping centers and entertainment districts . C-3 District properties may require large amounts of space or generate high traffic volumes . Properties zoned C-3 are typically located near high-traffic corridors . Intent T- urpo =af t e-C 3 Zeno District is to est:a blis:n and faroser've areas- • or -services for the benefit of4 e eneral pudic cc which require large amounts of space or high traffic volumes I—be—locatedi deign d- operated in a manners minimizes-the - undesirable impacts on the area in whirGh hey at ocatcd . B . Uses Allowed by Right. No BUILDINGS,, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shalh hereafter be erected , structurally altered , enlarged or maintained in the C-3 Zone District except for one ( 1 ) or more of the following USES listed in this section which mist be conducted in compliance Chapter 23 Zoning code updates 3/6/19 DRAFT Page 140 of 246 Iairf in act r's► , ��.�,-,--,�� _ USES within the C 3 Zone D-i-strt shall also be-eject to additional requirements coi-t -in d in Ar=ticles yV and -V of th stia ter-_ 1 . One ( 1 ) NONCOMMERCIAL lOWER up to forty (40 ) feet in height per LEGAL LOT . ( See Section 3-4- 895 2 . PUBLIC PARKS . 3 . PUBLIC SCHOOLS . 4 . TELECOMMUNICATION ANTENNA TOWERS up to thr -five (35 ) feet in height . 5 . UTILITY SERVICE FACILITIES . 1 . Uses Mowed-by Rica the C - 1 Zone District. 2 . Uses Allo-wecl-b-y-Ri District. 3 . THEATERS;convention haks and otner such facidi-ties . 4 .- Gasoline. service stations ,_ car washes and VEHiCLE SERVICE/REPAIR E TABU HM-EA=TS . 5 . L um rya r-d-s- 6 . Ware-housing and transfer fac4it-ies. T.----VEHICLE SALES -ESTABLISHMENTS for-the sale , rental or-teasing of-n erib EHI E EN-TAL ESTABLISHMENTS , _ r ati=l-aETRADE ESTABLISHMENTS for-tne sac of taller ; =at t e hel-esa-Ie-levei . 10. E u i pmen s- 11 . CONTRACTOR' S SHOPS T2. Nice facilities for ambulance services , taxi services, bus services and other services -volt'-i- g-thetransportati n of people : fl —COMMERCIAL or--private PARKING LOTS-, 14 .1A -T-EVI-PORARY facilities for the s ectfirewor<s alto Christmas-e►s_ 15 . OUTDOOR STORAGE , whenSCREENED-from-public -rights-of wait/Lana-ADJACENT propertie 165 One ( 1 ) TELECOMMUNICATION- I TE--ICI-N-A TOWE# subject to the provisions of Article IV , Division 10-of this Chapter.. 17 . -E-R E P- 487—eft—AND GAS FACILITtEST a . ' OGLA Required . No OIL AND GAS-FACILITY shall be developed in —ti—Lo—C— e -ral) Zone District until a WO LA has-been issLed by the Department of Plannin • County Commissioners in -accord s---set fort in Arty--H . Division 10 ,i-of-this Chapter- C=Ds PIPELINE - NATURAL GAS or PIPELINE PETROLEUM PRODUCT--;S-OTHER THAN— -ATU-I - A a LAP Required . N P - - - r_PIPELIN-E - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be level ed- - n=-tl - 3 ( Business Commercial ) Zone District-until a LAP has been issued by the a e pa rtm e n . f P''I a n n �-T��--�� - n-ty Commirtis r�,-T,�� accordance- s set forth in-Qivision 11 . of-this Chapter. C . Uses Allowed by Richt subject to the re r uirer tent of Site Plan Review . The following USES shall be allowed in the C- 3 Zone District followinc a royal and recordinc 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 , DISTILLERDES , and VVINERR_ S .. 3 . AR_ HE and 'gas stations. 4 . CHILD CARE CENTERS . 5 . CHURCHES . 6 COMMERCIAL SCHOOLS . 7 . COY MERCIAL STORAGE BUILDINGS _ 8 , COMMUNITY BUILDINGS . 9 . CONTRACTOR ' S SHOPS . Chapter 23 — .Zoning code updates 3/6/19 DRAFT Page 141 of 241 10 . CUSTOM MEAT PROCESSING . 11 DISTRIBUTION TION ENTERS . 12 . EVENT FACILITIES . 13 . Farm equipn lent sales , repair, and installation facilities, 14. FUNERAL HOMES and mortuarie 15 . Golf courses . 16 . Grain , sad ; feed , and fertilizer retail and wholesale sales establishments . 17. Headcaarters or service facilities for taxi services, bus services and other services iny'olyinc the transportation of people , 18 . HOSPITALS , nursing homes, rehabilitation centers . 19 . HOTELS/MOTELS . 20 . INDOOR SHOOTING RANGES , 21 . LANDSCAPING COMPANIES . 22 . LUMBERYARDS/WOODWORKING . 23 . NIGHTCLUBS , BARS , LOUNGES OR TAVERNS . 24 . OFFICES 25 OUTDOOR STORAGE , as long as 4 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,CIAL, PUBLIC and PRIVATE . 29 REPAIR SERVICE ESTABLISHMENT. 30 RESTAURANTS . 31 . RETAIL/SERVICE ESTABLISHMENTS. 32 . SCHOOLS , private . 3 . THEATERS and convention falls. 34 . VEHICLE RENTAL! SALES , SERVICE and/or REPAIR ESTABLISHMENTS . 35 . Veterinarian clinics and animal hcs3ita [s . 36 . VVHOLESALE TRADE ESTABLISHMENTS . Accessory Id Thy follr�.tx ` 1 I f 111 1 �"' T 1 Cf''T Y 9 nd-U E shall oe a o ec n e C 3 Zone District i so hang as-they are dead- i l- n -- " €-to-the Uses Allo S-T-RLned , cons ce the performance standards contaiRed in Section23-3 250 b&Go ,-A — in--ta be a n 1'b e ct f ry � if i �, r� � I ra,q � iT� r . _r��rst . is in Articles l of this h t 5diJrLL'1 hod' LdLiYtiY ® 75..71 7 aar'V.+� a.1td .+ 1 4Ya aa � �Ye a1a 1 . PaaFki n - _ _ as such PA < ING< I N AREAS ac-e -pve C R E -E-BL-fr-cm ADJACENT T properties zoned-4z , -R , -5 , - 1 , C-2; Cat or ,' . 2 . Loath • ' so—tong as_sucr areas-or—STRUCTURES are—RE—EN—ED-from ADJACENT-properties z ed -L---2 , R 3 , R 1 , R 5 , CJ , C 2 , C it or 11 , a, One ( 1 } MOBILE HOME when- US-D-as-[iving quarters for ca-retakersar security personnel responsible for maintaining or guarding- :. r , - * to-=the pror on- of Section 23-4-220 . WIND G EN .j i 'wile 's',is may requir�e_� tine- � an e of a Zoning Porch for WIND GENERATOR, as per Chapter f 1� 1 V t J V s i� 1 , !-'a P l' t e ! Chapter 23 _ Zoning code updates 3/6/ 19 1RAFT Page 142 of 246 wire the issuanco o•f-a Zoning Permit for a TELE MI U NI AT-ON ALIT ANA TOWER subject to the provisions. of Article IV ; Division 10 el-this Ghapter, 6 . NC M IERCI- .-L TOWER D . Accessory Uses . The followirq BUILDINGS , STRUCTURES and USES shall be allowed in the -3 Zone District Ions as they are clearl incidental and ACCESSORY to a USE Allowed b Ri ht and indduded on an a roved and recorded Site Plan . Any USE c nducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS-OF-WAY and ADJACENT LOTS in any Zone District other 1 - . 1 - Loading areas. 2 . Ore e1 SINGLE -FAMILY DWELLING UNIT when USED as liMiin uarters for the ro rietor, ens lo ees caretakers or securijt ersonnel res onside for o astir -_ maintaining or uardin the re ert where such DWELLING UNIT is ENCLOSED within the PRINCIPAL BUILDING, 3 . STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-230 8 not includinc CARGO CONTAINERS . 4 . WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter- Uses by Special-Review, The fo-lowingB- LDI- GSS , T U TJR may be -Jon . cted --occupied operate-mod r a ntaf ' d-in the- C-3- Zone District a permit in accordance with the requirements of Article I-I , Division 4 of this Chapter . 1 . Mi _ • - i± or , ter communication transmission or relay towers over seventy (70) feet in height ( measures tarn roue 4evei) -- omrnerc aP towers subject to the arovisian-e- Section 23-4 -800. - �- Almowed—b- tin — i —District, provided that the I- E - -tie Commercial' Zone,-District performance standards contained in Section 233-250 below, are reset prior to< n-ztruc-ion and-during operatie4, OIII ND GAS PRODUCTION FACILITIES . owed-b yT ' CIA TJ'Q"7 'I�"4YA 4 �T—,r1Trilva , RESEARCH LABOR _ 1 a 7. - CEMETERY_ 8.. RESIDE , C CENTER . graVIND GENERATORS requiring the i + -Special Review Permit , as per Chapter 23 , Article li Division hapter 23 , Article IV, Division 6 of this Code . �,I ►� I�►.1TG1�►.IMJ ,fi Tf-''14; �� 10_ TEL- E MUNICATI � ,. . , � . Nfi g ; - -require a Use ow- ecial Re- view-Permit, subject to t p-rov+sions of Article- tV, Division 10 cif-- 18,,atapter- 1 1 . PIPELINE--- DOMESTIC WATER , 13 . PIRELI E - PETRO - r^tif'rl 1 a - AN NATURAL GAS-: E . Uses Mowed 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 3erniit from the Department of Planning Services . Qne ( 1 ) MANUFACTURED OME per LEGAL LOT , when USED as Iivin_ u rters for caretaker or security personnel responsible for maintaining or .2 uardin , theproperty , permitted under Division 3 of Article IV of this Chapter. 2 . One LI ) 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 4a PIPEUNES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS 0 HER 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 Artide 'IV of this Chapter. 6 . TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter . 7 . WIND GENERATORS reciuirinc a ,tor inq -permit under Division 6 of Article IV of this Chapter. Chapter 2 - Zoning code updates 3 /5/ 19 DRAFT Page 143 of 246 Site- Plan Review Required . No land , BUILDING or STRUCTURE shall be USED, changed in USE or type occupancy, DEVELOPED , erected o-n- uGted ,,_re-constructed , moved or structurally altered or operated in the C -3 Zone District until a- to plan rev: _ - _ - fPlanning =- ecrv-ic 4 ,4e ec -h applicant in the= eFie-Disir ct eert -e-r+d- s-t that the performance standards and district r re r �r 4e-to - DEVELOP-ME-N_-Lan complied with ` - -to the intent of Article 'I , ' - � ..mug the- bite--Plan-Review appliroa4ion process_ Uses listed in Subsection D above as Uses by Special Review ifl the C -3 Zone Distri hall-be exempt-from the Site Plan-Review process and shall- make application for approval--of a permit-En accordance with the-requirements-and-procedures-set forth-in Article lb Division 4 -t s Chapter- _ Uses by Special Review . The following BUILDINGS, STRUCTURES and USES may be constructed , occupied_ operated and maintained in the C - 3 Zone District upon approval of a permit in accordance with the requirements of Article II , Division 4 of this Chapter. 1 . AIRSTRIPS Then they are ACCESSORY to the Use Allowed by Right . .. CEMETERIES, 3 . KENNELS 4 . Open MINING and processing of minerals . 5 _ PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chanter. 6 . RESIDENTIAL ENTIAL THERAPEUTIC PEUTIC CENTERS . 7. TELECOMMUNICATIONS ANTENNA TOWERS over sevent _ 70 feet in hei ht. 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 hospitalls . 10 . WIND GENERATORS requirinc the issuance of Special Review Permit under Division 5 of Article IV of this Chapter. PerforrnaPiee-StaRGIarrial-Gromplianee Re ed . All 3U-I- -DINGS, STRUCTURES and land located in the Cr 3 Zone District shall e - I . —a pied in such a manner that the design and operation standards contained in Section 23 250 below are met C . : Repealed . ) Re ocn e to ndacds H . Repealed . See Subsection F. 8 .) USES similar to the USES listed above , so loRg-as-the-LISE-oomf4e-s-liiitile general inert-of-the A,- mercial) Zone District 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[JF5lc intent. Th tent ate '=Zo _ ,precewc areas locate -�-+�--�-i-gtr-Mgt-= fa--t+�-��ta to --ate= Gcessate-KAAJOR THOROUGHFARES1 - id-el-essential goods a -sal-vie-es to the traveling publierTe C A-Zone Districts shall be-located , designed-and operated-in a manner tha does not create problems of-traffic access or conflict and that- min. izos the undesirable impacts o= tie USES 01 : ne ata in •witci -le USES are - loca e B. Uses Allowec by Right No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or maintained in the C-4 Zone District except for one ( 1 ) or more of the following USES listed in this section . which-must--be cord ted- in—c nfermance with peso r n --in- bseotion- F . belovv7 USES -within the Cel Zone Di-strict sb-a-IU-also -be subject to additional requirements co ee 1 , One { 1 ) NONCOMMERCIAL TOWER up to forty (40 ) feet iii height cer LEGAL LOT (See Section 23-4- 895 .1 2 , PUBLIC PARKS _ 3. PUBLIC SCHOOLS . 4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five ( 35) Met in height. Chapter 3 - Zoning cede updates 3/6/ 19 DRAFT Page 144 of 246 5. UTILITY SERVICE FA CIFACILITIES . 2 . Gasoline. stationer-, 3 . RESTAURANTS , including DRIVE IN ST ICIR NTS . o—PUBL - - - F 5-- - UTILITY SERVICE FACL I :—Potioe arm-fire-stations or facilities : 7 . TEMPORARY-seasenal-us - d-vegetable--stands, and fac 1-t4es for he sale of-fireworks and---C- ci-tmas try'a ►. _subj•4o thea permiF r .�- re ir�■�. t`c of Article I Division 1i yJ��■�e e-rr- •! i. • � �! `Y'M is � ■ � � L: Y Li 1� 'IL.� , 4u�')�� of �I�I]��1.9 �Y.� �Y 1 -8 -Asphalt-or-concrete-batch- plant used tempororfly cnd c ddus-f' ,�f ran on- i t-ructioln- oject or-the completion of a PUBLIC road improvements f oc.. ,t==The six-month !limitation for this TE-M RAR ` use may be extended in six- month ihlorernents at the discre-ion n2 :he Direo :or = .?_anning Services up-to two (2 ) times, and thereafter by the 'Road of n-t ommissioners . 9 . One (1)--TELEGOIVIMUNICATION ANTEN he provt n&-ef Article IV, Division 10 at tits Chapter: tQm L EWP U 8 : - ,ICI LITI E ar--WOGLA Requ - No OIL AN ! - - Zone C -s I be Department of Planning Serv1ces or the Saar County mmissiefffi c n accordance with the application procedures-set forth in Article If , DiViefiGA 40 , of this Chapter. 12-7—PIPELINE - NATURAL -GAS or PIPELINE - PETROLEUM-PRODUCTS °TH THAN NATU RA A-&� a . LAP Required . No PIPELINE NA 1 UR L uAS o IN-, ---PETROLEUM PRODUCTS OTHER THAN- ATU L_ GAS shall be devel.opeo in .he c-4 ( HighwayCommercial) Zone District unt I -LAP has-been-issued-lay-the De Dartnnent of rP1ann+ng-Ser vices ac- he Board-of County Commissioners4rf a000cde-roe i he'a al ion oroced- strot-forth in--- 1.ision 11 , of this Chapter C . Uses Allowed by Right subject to the requirement of Site Plan Review . The following USES shall be allowed in the C -4 Zone District following approval and recording of a Site Plan in accordance with Article Division 3 , of this Chapter . My 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 UNIT BUILDINGS . 5 . Golf courses. , Grain , seed , feed , and fertilizer retail and wholesale sales establishments . 7 . HOSPITALS , nursing homes, rehabilitation centers B . HOTELS/MOTELS. 9 . Police ambulance , and fire stations or facilities . 10 . RE TAU RANTS . 11 . RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand _( 3 , 000 ) snare feet er LEGAL LOT . 12 _ SCHOOL__ , private . 13 . VEHICLE RENTAL and SALES ESTABLISHMENTS AceessoryUses_ The following BUILDIN TRUCTU E and 1E sha I be allowed in the Cale strict so long as they-are dearly--incidental and ACCESSORY to the Uses allowed by—Rig-ht. Such R JirDl N + ; DUCTHl -and USE Gen ir; conformance- - fine standards contained in Section 234-250-below. ACCESSORY U E- -w t 'I Zone District call also-be subject to additional reercui-recnants contained i • . Chapter 23 _ Zoning code updates 3/6/ 19 DRAFT Page 145 of 246 1 . Parking areas-or--S-T - E --f+ar-U by-emphhyeesr customers and company vehicles-se--long as such parking-areas--are-paved-and - r -E E- D-fro-A DJ GE ro + -z-ore-d- - _-- - 1 , Cr2orl t 2 . Loading- areas or STRUC-TURES so long as such Ioa i g areas or STRUCTURES are SCREENED from . Storage BUILDINGS for materials used in the conduct of Uses Allowed by Right_ 4 , outdoor STORAGE AREAS so long as such areas are SCREENED from ADJACENT properties zoned R 1 , R-2 , R a- -, 1= 4-- 7-G or I-1_ 5 . Stores and slop oconvenience goods for USE primarily by the traveling public , not including • ous ts (3 , 000 ) square feet. Examples include : conv'e hence ood st res , sou • erated laundries . 6 . Repair germ-o s ops . 7 . o BILE I -hen USED as hying quarters for caretakers or security personnel responsible-for maintaining or guardingthe property , subject-to-the proviS an -of e n- 3-4-220 . 8, - . _ Remit for WIND G,EICJ-E -A-TO --a€-pe-F- ohe-p.er 23 , ArticlArticle V1 Da * , -cal ►-of th ' 9 . TELECOMMUNICATION ANTE-NAA TOWERS , whicl recuire tie issuance ofa.-Zothng Permit for a TELECOMMUNICATION subject to he-provisions of Article IV, Division 10 of this Chapter- D . Accessory Uses. The following ltDlNGS TI UCTU RE and USE _ shall be allowed in the CA Zone District so long as they are clearly incidental and ACCESSORY to a USE Allowed by Right and included on an approved; and recorded Site Plan . ,any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS-OF -WAY and ADJACENT LOTS in any Zone District other I - 3 ,. 1 . Loading areas . 2 . Parking areas and parking STRUCTURES for USE by employees , customers and company vehicles _ . OUTDOOR STORAGE , as long as it is SCRELNED from PUBLIC RIGHTS-OF-WAY and all ADJACENT properties . 4. REPAIR SL_ RVICE 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 un Section 23 -4 -450 of thisChapter_ Tp1 �' TI ' RE - nd USES may be u t pie see by pecEa i- e�i+e The following-B�I-fL Cat ,I � - operated and maint:ainecl-in-the GA Zone Dist n t upon approval of a permit in accordance with the requirements of Article-HI Diii-lion 4 of this Chapter . OIL AND GAS PRODTION FACILITIES . 2 . CHURCH . 3, RESIDENT- L THERAPEUTIC CENTER . 4, 1 -I-N-D- -EN E RATOR req u iris --the issuance-of--1 = -Icy- pe ial--Review P--err , as-per Chapter 23, Article �I Division 4 and Chapter 23 , Article IV,. Division-6-off-t _ - _. - - :: 5_ TELE CM U-NiCAT-iUN ITENNA TOWERS , which require a Use by pecisl-Review - r -+t -ubj the--provisions of-Article IV, Division 10 of this Chapter: 6 - M EIC rAT E R . 7. PIPE-L I- E - NATU-RA L- ,S- 8 . PIPELINE - P€--_ L- --P=RO DUCT -OTHER THAN -ATU L GAS- E . Uses Allo ed by Permit. No USE listed in this Subsection shall commence construction orr gperaticn in the 0 -4 Zone District without prior approval of a land use permit from the Department of Planning Services . 1 , OIL AND GAS FACILITIES permitter! under Division 10 of Article, II of this Chanter_ 2 . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article III of this Chapter. 3 . One ( 1 ) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for caretakers or security personnel responsible for_ maintainirm or guarding the property , permitted under Division 3 of Article IV of this Chapter. Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 146 of 246 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 thirttfive { 351 and seventy ( 70 , feet in height permitted under Division 10 of Article IV of this Chapter . 7 . One I ) NONCOMMERCIAL TOWER between forty 14 0 ) and seventy (7O) feet in Cheiaht per LEGAL LOT .3ermitted under Section 23 -4 -895 . SiteT ewiee- -Required ; No land , BUILDING of-STRUCTURE s ei i E changed inUSE or type of oeeupa-nay , DEVELOPED , erected , constructed =reconstructed , moved or structurally-metered or operated in the C-4 iene -District-until a Site Han Review -las-been approved by the Department of Planiii shat be st state-t2 -• : a ce 5 to �- necessary that the appti �t in the Zone District certify and � ��,-��r strict requirements that a- -a-ppticiabie-t-o- he DEVELOPMENT and-USES-of-pr-opeirty zoned C 4 have been-of shall be complie h ociefcl a-g- AG-the-4 + -- hapter. This shall be accomplished through-the Site Plan Review application -a-aboveas Uses by Special Review in the-GA Zone District shall be exempt frnn --plan Review process and shall rye application- -for approva- of a -per iit in accordance ' ti - Division 4 of this Chapter. Commercial towers are s }ec- --to -t om -, ► F . Uses by Special Review. The following BUILDINGS , STRUCTURES and USES may be constructed , occupied , operated and maintained in the CA Zone District upon--approval of a permit in accordance with the requirements of Article II . Division 4 of this Chapter. 1 . ,GHU RCH Fr 2 . PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chanter: r RESIDENTIAL THERAPEUTIC ENTER . 4 , TELECOMMUNICATIONS ANTENNA TOWERS over seventy ( 70 ) feet in height. 5 . USES similar to the USES listed as errnitted_as long as the USE complies with the general intent of the Zone District, 6 . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Performance Standard Compliance Required . All- ' S-rR Y T ES anc aid 'ocatec , e C t- Zone PI r t-- all be locate. ;design ►e used and occupied n ° • a: . r� inn st nd rd rtai tai-in-Section 2a-3-25C b& ow ar--met. G . ( Repealed . ) But-lc R u-tr ments . See Section 23-3-250 -below: H _ ( Repealed . ) USES similar to the USES listed above, so long as the-- e general- intent of the CA ( Highway Commercial ) Zone District,. Sec . 23-3-250 . - Performance-standards. Bulk standards ., All BUILDINGS, STRUCTURES., USE-St and land USES located in the Commercial Zone Districts shall be located , designed , USED and occupied in accordance with the design and operation standards r !fements enumerated b,e,l . .in this section . A. Minimum SETBACK twenty-five (25 ) feet . Design Standards . The appkcant for a oui-1 ing permit shall certify , according to intent of Ar cJe- 1 , Division 3 of this Chapter, that the following performance standards and :he specific zone district requirement , hall-certify that-the compliance with here ocrformanoe standards shah cooRtinlie orliSe+ , UI-L- -or-STRUCTURE is constructed-id- in operation . ermwa-ter Ma r gem nt - . r_I. ' ' - .# man - n Comm Districts-shall ≥ vice and matnta. -''44 stormwatean facilities designod to retain the sto s of historic flow from he r 1 Y1411 f =]4-O ff 1 +C R'►1+I f1 r''1 ! . i I M l rl F'i F A _ !� r^n r�r•l i re r -s - r r i rti r t rte► fil vole - t The-sue d & -te shall b T year storm , The stor wat+ _retention- a i44t sial! be design and operated to reuse the retained water at a quantity anal rate not to exceed the quantity and rate of-a-five-year storm falling on the undeveloped site . Chapter 23 - Zoning code updates 316/19 DRAFT Page 147 of 246 2 . Perking . Sufficient SCREENED , off street, paved parking areas shame provided-gin the , i v r rl c Districts to meet the requirements-of-employees, company -vehicles ,-visitors and customers of the Uses Mowed by Right and ACCESSORY_USES . For detailed-parking-reGruiFernents, see Artiale IV, Division 1 , of this Chapter. 3 — treet-forep+ e , LOTS Cornmercia4 Zone Districts shall have sate access to-an approved-PUBLIC or- private STREE e d n • t+wn n- j e a '-{ - I i be n-co-$-for-marce with that shown on the q County 1ThorougNac-e --Ilan via• LI 'LIl10 I f ! .dj ! ■ ■ T • L a-- ARTERIAL b . COLLECTOR when that-COLLECTOR TREE ' does not- erve--arty- Zone District before G. FRONTAGE or-SERVICE Q D , d . LOCAL , when-the-LOCAL STREET is inte•mal-to-the-Commercial Zone District and does n-ot serve any Rosidertial Lore District LOTS , e . New accesses to-public rig-It-of-way shall oe construct ' rd . •ined irti Table 23M below. Designs exceeding-these • i umr i -required by the Department of Public Works .depending-upon the number and-typ - f rr I icl_ generated by the-USE propose_ Table- 2.3 .6 Minimum Standards for Accesses Size of drainage 44—icicles I structure ure joiametcr t44---ot drainage f ea structure- ; pth--o - over over pipe 12 inches Width of access/ 10-feet to 24 feet variable Maximum grade of 15 parcest access r • i 20 feet to 40 feet Depth- ot surfacing 4 inches fr Acceleration /deceler-ation lanes-- iLbe-p-rovided where roqu 'i-r a by tie-Ede- ent of Pu-lblic-W-orks f-+r+�:c�� +rte �. er - �ar� Transportation- to -provide safe, e d6 r4-a . TERIA ._.far COLLECTOR STREETS, 4 . Required Yards a----Setback. No U E -or-A CE SORY USE may be located closer than twenty-five ( 75 ) feet to the existing or proposed (whri6hever represents-the greater right-of-way width) highway or STREET right-of=d •r = he percnitted n the required SETBACK area when the area-it SCREENED from direct-view -of-persons en the public- rights of-way . Fence i � are- t quired to comply with the nmih m •m—S K d may be located on tie property-tin-et. Feciees-leesteci-e-n-eorner LOTS abutting public right -of-way shall net obstruct the view of vehicular traffic at an int eotionT br . 0ffse:. No USE-air-ACCESSORY USE may e located c oser-thy street parking arearrarmitted in the requited OFFSET area when tho arm is SCREENED from ADJACENT !SITSzonoe R ' , R t -- - FerT ' feet in -1+eisit are net •rectuw ed to comply with the minimum OFFSET and-may-b&ocated on the property- Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 148 of 246 STRUCTURE shall be constal with-in a two hund-re+d-foot radius of airy-tank battery , within-al e-h-undred-fifty-foot-r-adrus of any wellhead or thin a-twa , plug - e construction within-these ,tbacks shall q i-rya ar-i-ante from-tae!--t fake with Subsection 23-6- 10 . C of-this Code. ' i Areas . a No more than---eig ty-five percent- -of the total area of a LOT-in`n r District shall-be- coveted . Land tiall-+mot be ceemec covered i= I: is u s a or-g-ro -in g g ra&,rubs , trees ; plants or Viers vered by decoraf e g-r-avei_ or wood—chips;-_erg-- if it is otherwise ~^ y LANDSCAPED -b . T-hat portion of a LOT I .^ in any y „a- r i ich abuts a PUBLIC orpnvate S-T.R- I T right-.. of-way shall-be L ■ 1 DSCAP E Dk 4f r a iy 1�1e e o Y fee- , - - _ - . �g 1 ".C r-�F m 4 he LO P fine--te ardst-he-inter or of-the LOT , Sidewalks -and dri k -rouJgh the required LANDSCAPED areas . - Areas USED for trash—collection shall-be SCREEN, + -- 4, I ACE- NT nnertioc labcscc 'araa I� I - _ �� ir� r�1c rl r� r'l I I 1� r� a r arina,r I-� t r1I pra . ,ant. .at� nd _f. r a r v • ar n r. ! ,.. L• ,..a •..,. ■ i e ...y I e v v u_Sr a 1 -ee+'_4 LrR [ 1 Sr# Sl v.j 1.r L # 1 1 I Ld 1! 'I 1 Li 1 1 T f to i 4I ■ie�k I'Y I I t N'1 4J 7 V P 1 C 7 v ,T-t1 U t Q fl h t J C2 b scattered t17 Sated in theCommercial- Zone Districts shall-ha-ye a wail-r7 8 _ Sewage D ' sa+osaI . -USES located-in Commer- i•a - • ate sewage disposal facilities . 9 . Outside Store USES in Commeirclal-Zane= Districts 'involving outdoor e-of- v ;iicles.9 equipment or ma r ll - r cn-- mittcd shall be SCREENED from public rights-of-way and all ADJENT profies E . Minimum OFFSET: ten ( 10) feet Operation Standards , US-ES--in CommercEal Zone Distril t -- hal demonstrate conformance with } the extent—that—they are affected by location ayout anon design prior to construct and-operation _ Once operation alt- D a 4 + 7-t- -permitted shall conform to-these standards: USES and STS U ES-i r at on+ =Distr t- - -be--boated ,, ciesi-gred and operated in accordance with the noise standards-as establ - d-in-Sec ion 25 12 101 C . R7St 2 . Air -Quality . USES-in the Com ner-eia rated in-acce.rdarce with the aii stabtished by the oler c'o Air P' fioce Control Commission: 3 : Water Quality,------in—the Commercial Zone O ricts shall be-located , designed and - operated in accordance with tl t -quality control stain e- es.t-abti&h-ed by t of do rx n lssion . /1 . - Radiation and Radioactive Materials,_The handling , USE_ storage and processing of -radioactive materials h, !I- n, rdance-with the applicable reg-ulatioris of the State and-fie United States gc rri e-nt- s t. EE -located within-Commercial on- Districts shall not emit heat in such an amount sufficient- raise_th-e-temperature- the air or of materials at or beyond the LOT-tir tha • -degrees Fahrenheit:. 6. _igrit. Any lighting , including light fin ugh tte-n-taeraturc processes suci as welding or—c_ t - be de-signed boa : -,- -,1 onne s4 eet the f inn-standards- sources of light _ l a F ►; i - � er g t- tH-I -not-shine directly alto ADJACE eni +� }►, the direct nor reflected leg-1 f-from- arty-light oucce-ray c -eate a traff1ei .azard to operators for vehicles. on PUBLIC or_private- -T EET aind-pro-colored ligpits may-be-used which may be confused with or construed as traffic control devices . -7 _ P-re-p rt- -Mainten-ar ._Property located-within Commerc al Zone D i ' manner that grasses and weeds-arm' r _per itt d to grow _aItor-than--twelve ( 12) inches_ In -Re vent-s-hafl w � r-ter � -nr-v �� .T-1 the property owner C . No occupied BUILDING or STRUCTURE shall be constructed within two hundred ( 2CO feet of any TANK BATTERY , within one hundred fifty 11 50 ) feet of any oil and gas wel head , or within twenty- five c 25 ' feet of any pkucged or abandoned oil and as well . Chapter 2 ` - Zoning code updates 3/6/ 19 DRAFT Page 149 of 246 D . Maximum LOT COVERAGE : No more than eicrtwo-fi apercent 85 % ) of _the total area of a LOT in any Commercial Zone District shall be covered . Division - Industrial Zone Districts Sec . 23 - 3 -300. - Intent. The ur tose of the Industrial Zone Districts is to implement the oals and olicies of the COMPREHENSIVE PLAN and provide areas for operation of land USES associated with distribution and warehousing of commodities as well as ' reduction , fabrication . manufacturin ; , 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 pro Derties ; and to encourace industrial development in areas that are corn atible with heavy infrastructure and where necessary utilities are in place or reasonably attainable . The-purpose of the Industrial Zone Districts is to-provide-protective zones for the DEVELOPMENT and operation of industrial --U�; -The- regulations contained-herein have-been-establhs environment for iroustry to protect-industry from the encroachment of COMMERCIAL and residential U -E - ° may be adverse to the-operation and expansion of such-industry protect industries within-the district - the adverse effect of other , incompatible industries;; to roduce to a impa } { Inc ps+ Pit nonindustrial f «-- --- e -etri -may -natively affect the future USE or DEVELOPMENT of ADJACENT properties or the genera H- Br- defined in Chapter 22 of this Code ; e Ares n t=and-- tur . resec errs o= : le CO N Sec . 23 -3-310. a 14 ( Light, Industrial ) Zone Dristrict. A. Intent. The Purpose of the I - 1 Zone District is to provide a zone to accommodate right industrial and compatible COMMERCIAL USES that create minimal necative im accts and are conducted rimaril in ENCLOSED BUILDING . I - 1 District properties are accessible to the public . consumer-oriented , less resource-intensive than !heavy industry , have minimal environmental impacts, and may be located near residential areas if desicned properly_ Properties zoned I - 1 should provide economic development and employment, encourace a balanced diversified economy , and may serve as a translation between nonindustrial USES and the more intense Indiustriai Zone Districts tRtent . The-auroose of e-I 1 Zone Distr' . _ _ om- - 1 U S h create mini-man-negative v su 4rnpact B . Uses Allowed by Right. No BUILDING , STRUCTURE or lard shall be used in the t- 1 Zone District. and no BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or maintained in the I - 1 Zone District; except for one ( 1 ) or more of the following USES listed in this section . The-USES must be conducted -in compliance wrt, rds contained in Seertions 23 -3-340 , 23-3-350-and 23-3- - of this- ivisIon 1 . Asohalt or concrete batch plants USED TEMPORARILY and exclusively for an on -site construction project or the completion _ of a PUBLIC TREE !ROAD improvements project, The six-mcnth 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 TOWERSup to thirty-five ( 5) feet in height. 7 . TEMPORARY borrow pits USED exclusively for the completion of a PUBLIC STREET/ROAD improvement project. 8 . UTILITY SERVICE FACILITIES , Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 150 of 246 1 . Any USE of a research, repair , manufaet-uring , fabricating oce si -- ! ing or storage nature may be conducted r-• 9 _ one Dl tfil�-� N G may ba roq4.44reG if-LI -E is not compatible with acl agent uses; eas-for parking passerger- vehicFa-s 3 , SIGNS , as long as-the SIGNS-artgoGated and designed in ace irerrien- f-- + ieIe IV, n 2 i • q • tr UTILITY ERI E -FACILIT!IE . 5 . PUBLIC SCHOOL extens on classes. 6 .. COMMERCIAL SCHOOLS , limited to- indoor instruction . 7. - Poli - rte ati -or- faci i-t —Disposal of DOMESTIC SEPTA- E 1 ect too the + anaI requirements of Chapter 14 , Article ' I-of-this Code TEMPORARY---sea 1 '- i - - � I -stands , and-facilities for the sale of fic+ or s and Christ as- trees ! subject to the permit requircr onts- iale-IV , Division 7 of-this Chapter 10 . •Aspialt or co.icrete batch plant used -temporarily and exclusively for an on-sites--construction project or the tion for this TEMPORARY- use Director- el F .anni-ng--Sera= o s - up 4o� ( 2 ) times , and thereaftor-by the Board` + �L'� 1'k I- ` ` � lgamy Co -oners , j Article T�i.,l- l ' A -1�_ I subject t'' tprovisions of Y .I D W4 si o n 10 of i Y this Chapter. 12 , OIL AND GAS FA a O LA-- -Req uired.- Ner-01-LaS FACILITY shall be developed n the I - 14kwu .is -- o -Distract until- a VVOGLA has been issued by the Depart Plan ing Se , , , os or the Board of County CarAimisrsioners in accordance with t +eapplication procedures set fort- in Article--II , Division f- this Chute r. 13. TRf LO U-ING . 4-4r C-H- - 15 . SMALL SCALE-SOLAR OLAR FACILITY _ C . Uses Allowed by Right subject to the requirement of Site Plan Review. The following USES shall be allowed in the I - 1 Zone District followin a D royal and recordin of a Site P lan: in accordance with Article H . Division a of this Chapter . Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from ad : acent PUBLIC RIGHTS-OF-WAY and ADJACENT LOTS in any Zone District other 1-3 . 1 . AGRICULTURAL PRODUCTION . 2 . indoor USE of a nanufacturinc , fabricating , assembling or warehouse nature . 3 . BREW PUBS BIDEWEI IE t_ I I Ti 1LLLEI IE , 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 involvinc the transportation of people. 14 . HELIPORT . 15 . HOTELS/MOTELS . 16 . INDOOR SHOOTING RANGES . 17 LANDSCAPING COMPANIE . Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 151 of 246 18_ LUMBER AR. D OOD OR I N . 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 wp to three thousand (3 , 000) s�are_ feet per LEGAL LOT . 26 . SCHOOLS, private . 27 . SMALL SCALE SOLAR FACILITY . 28 . THThR and convention halls . 29 . VEHICLE RENTAL , SALES , SERVICE and/or REPAIR. ESTABLISHMENTS. 30 . Veterinarian clinics and animal hospitals .. 31 . WHOLESALE TRADE ESTABLISHMENTS. The [ U I-L-DINGS . S T I I lr" T I I ' il^ � �n r^I' D I ` r � s �► District F ��,--� __,_ .,� . . .,_ �. -.- _� , -� wed in the I 1 done Di ..A rict so long as-they are incidental anc ACCESSORY to the Uses Allowed by RE t. Sue i BU La \ S , STRUCTURES and USES must be designed , construct • - - e=p clormance standards set forth in Sections - -_34► 23- 5-0---ancJ-23 3- 36U be-bw- - OFFICES -for-USE-by-operators of the Uses Allowed bar. Right . 2 . Loading areas or ST ES-only he SCREENED from the ADJACENT 060944c rights-of-way or ADJACE-NT properti 3 . Part areas or STRUCTURES for passenger vehicles with a grGss- •• r a • + usand OWW) pound _ . - _- - � jgfife=of- ay ADJA E-I -T 4 One ( 1 ) MOBILE HOME when U EC-a- I r or c eta o r4fy personnel responsible for naintaini ef Article IV, Division 3 of this Chapter . 5— E 1 E TI IA for tie USE of persons employed in the conduct or maintenance of USES allowed on the property . 6 .R s34esi-wen ACCESSORY to-US-ES of man f to 7 . One ( 1 ) microwave , COMMERCIAL radio , telev ion or-ether r communication transmission or ra -y-tower seventy ( 70) feet or less Ian height p r-L-O-T . Commercial to rs s bj tothe provisions •a = _ SOOT 8 . n, r E T-, w -: - require-the-issuance of-a-Zoning Permit for WIND GEN ER , as per Chapter 23, Article IV, Division 6 of this - Cods TES O U ICATI . NTTEN TOWERS, which require-The issuance-of -a---Zoning Permit for a TELECOM UNION ANTENNA TOWER , sub est to the-provisions-of-Article IV, Division 10 of- this Chapter.. 112 NONCOMMERCIAL TOWER . 0 , Accessory Uses , The following BUILDINGS , STRUCTURES and USES shall be allowed in the I--1 Zone District so long as they are clearly incidental and ACCESSORY to a USE Allowed by Right and included on an approved and recorded Site Plan . Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from ad racent 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 tar USE by employees , customers and company vehicles. 4 . EMI -TRAILERS as accessory storage 5, STRUCTUES and BUILDINGS ACCESSORY to USES ,permitted under Section 23-3- 310 . B . Chapter 23 a toning code updates 3/6/ 19 DRAFT Page 152 of 246 6 . WIND GENERATORS allowed as ACCESSORY USES in Section 3-4_450 of this baMter. Use _ . _ . ' G ,- STRUCTURES and USE ma --be constr d;•o u pied or maintained-in--the--1 - + ' p•prowai-- _ e•r i=t-in accordance with requirements an4 procedures set fob=in eW va on 4 of Chapter . 1 . AIRSTRIPS wen they are ACCESSORY to-the Use Allowed by Right: 2 . One ( 1 ) m crowave- COMMERCIAL radio . television or other ooniniunioation transmission - •or relay tower seventy (70 ) feet or less in height per LO e H t . , -abject: to t-he-p-rovision-sof t n 23 4 0- 3 . RESEARCH LABORATORY , WIND-TU IWJ-E-: 5 . PROCESSING _ 6 . CEMETERY . 7 . WIND GENERAT - Esc , nce of se--b p eca1 Rev' h II , Division 4 and Ch-a pt -24- 4ticl I ` , C iui i ref--this- Code-- 8 , CORRECTIONAL FACILITY. NA-TOWERS , _ � � -,r.■.. �, E which require Use by—Special Review Permit, subject-to p ,i a V , Division 10 of trtis- hapeter. 10 . Oil and Gas Support-and-Senn-0e- _ r iE - DOMESTIC-WATER T . PIPELINE - NATURAL GAS : D ID _ � 1= T LEUM P O-D I TS OTHER THAN NATURALGAS-- 14 . ;�. � I� r �► ` _ �, _ T E . Uses Allowed by Permit . No USE listed in this Subsection shall commence construction or operation in the n - 1 Zone District without prior approval of a land use ,permit from the Department of Plann irc Services . 1 . One I t _ 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, � y 2 . One � 1 M NONCOMMERCIAL TOWER between forty � [� and se�rent � 70 , feet in hei ht per LEGAL LOT permitted under Section 23-4-895 . 3 . OIL AND GAS FACILITIESpermitted under Division 10 of Article II of this Chanter 4 . PIPELINE - 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 Chanter . 6 . TEMPORARY seasonal uses permitted under Division I of Article IV of this Chapter, 7 , WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. Site Plan Review Required . No land , BUILDING-43r -TRUCTUR: E shaiI I _ r __ ge I I I . , occupancy, DE 'EL ' EJ , erec:ec , co is :rt, c ec , reconstructed , moved oc t-r turaIly altered or operated in the Review- has been approved by the Department of Pianning Services , It be necessary that the app t in the I 1 Zone District certify-and state that-the performance standards and district requirements that are apptieable to the 4 E ELOP 1-E-NT and USES of o e y zoned I - 1 have- beer or nail be ,�r,,Ir plied w r Lin f ,� � • vision 3 this Chapter This shall be accomplished—through gh the Site Plan Review application process D-above as U • - � _ Di shall be exempt from the Site Plan Review process ar- -haJl make application for appra-vai-of a permit ' n accordance with the requirements- and procedures set-forth-in Art-t-id , D,r- •zi , n 4 f t is ChaptePL :C niw is s ► ce•I'iirrd `rn -aI-- - y ew- - - - cj . - - e - . ° 1- - '- . . - - . -- - 1 . OIL AND GAS PRODUCTION FACILITIES , F , Uses by pedal_ Review. The following BUILDINGS , STRU TURE and USES may be constructed , accupied.r operated and maintained in the (- 1 Zone District upon approval of a permit in accordance with the rec uirements of Article I I , Division 4 of this Chapter. 1 . AIRSTRIPS when they are ACCESSORY to the Use Mowed by Right. 2 . CHURCHES . Chapter 23 - Zoning code updates 3/6119 DRAFT Page 153 of 246 3. CORRECTIONAL FACILITIES , subject to Article XVI Section 15- 5 , of the Weld County Charter. 4 . DOMESTIC SEPTA+ E disposal subject to Chapter 14 of this Code 5 , ' EAT PROCESSING . 6 MEDIUM SCALE SOLAR FACILITIES . 7 , Open MINING and processing of Iminerals . 8 . PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter . 9 . RESEARCH LABORATORIES . 10 . TELECONIAJNICATIONS ANTENNA TOWERS over seventy (70) feet in height- 1 - . USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District . 12 . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Performance Standar ° , T-R-UCTURES and land located in the I I Zone District shall be located , designed ? used and occupied in such a manner-that-the de ig- --and-operation standards cointained-in Sections .23-3 - 340 , 23 -3-350-and 23 -3 3-60 below are met ( Repealed , ) USES si p '._ ' Iiisteckaboveso long - t1 --U E comp-iie-s-wit i4-Ii--th gener--aI ;ntent of the 1 ( Industrial) Zoreastrict Sec . 23-3420 . - 1 - (Medium Industrial ) Zone District A. Intent. The purpose of the 1 -2 Zone District is to designate areas for industrial USES with more intense, higher traffic, or larger scale USES than the l - 1 Zoie District . t = - ari - o --provide- a zone to--accommodate in ustriar-U E which-Gonna: conform to itrs. rti �r + - irr�rr�ant&014.4 - - � a nr-1 white o not-wa-rit-t:e-be-sAeoted to the potential adverse visual impacts permitted- in tneflZene i . he-i n-t-ts-to perm1 ind str-res w r may-create moderate visual--ir-pa-its 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 - 2 Zone District, except for one ( 1 ) or more of the fallowicg USES listed in this section . whioh must be conducted in Gorplia^ � �ith . � perform, nce sta-riciarcs contained anSections 23- 0 , 23-3 -350 and 23 -3-360-of t 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 Drolcct. 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 acardi of County Commissioners. COUNTY grader sheds . 3 . Qne_ l ) NONCOMMERCIAL TOWER up to forty : 4O ) feet in height per LEGAL LOT. ( See Section 23 -4 - 895 . ) 4 , PUBLIC PARKS, KS_ 5 . PUBLIC SCHOOLS . 6 . TELECOMMUNICATION ANTENNA TOWERS_ up to thirty -five ( 5 ) feet in height . 7 . TEMPORARY borrow pits USED exclusively for the completion of a PUBLIC STREET/ROAD improvement project_ UTI Li ) SERVICE E FACILITIES . I _ Uses-al-lowed-6y-right in t 1 - 1 Zone Dish 2 Any_USE- sf a esearch,repairing , manufacturing , fa rica ng , processing , assembling-or - e. -+tat- may be -coAductod a - R 2 Zone- District . The USES identified may be conducted outside of an ENCLOSE E and/or operations of USE are SCREENED -rove SCENT public rights -of-way and ADJACENT properties:- Chapter 23 Zoning code updates 3/6/ 1 '9 DRAFT Page 154 of 246 a. was- - parking vehicles or equipment , so ion-g--as-sUG- park- ig area are,-- R ED from the ADJACENT public cightsofsway and on adjacent_prapertes : � or _ SIGN- , - [ gas are located and--des1gn-e-d- n accordance with the - r�+- ! ', Division 2 of this Chapter, 5 . UT L TY SERV C - =AC, __TIES- 6 . PUBLIC SCHOOL extension-classes 7 . Police and fire stations or facilities:: 8 . Disposal of IJO EST-I.G- biect-to-the-adcRional requirements o Sthis - Code _ _ TEMPORARY +c es care I eic , i T rFgiruit and veg'eta'oIe sla d rand- -arc fireworks an4— iri ject _r a rmit re 'cements of Articlaen 7 of this Chapter 10. Asp : _ ly-f on-s construction project-or-the completion of a P UBIL-I -rca [ -six-month limitation on =or-this TEM-RORA-RY use may be extended -in six-month incr'ernen -a-t-4-he--d.isc,f the—discretion—of thy ' --es- up to two fa—times. h t - y &-- oun ssioners 11 = - wn [ Ens ED from public-rights of-way-and ADJACENT praper s- , , • Tai Er ► - . � NTE r T = R subject to the pco i-s1ons of Article IV , Division ¶0 of thisChapter_ 13 . TRAN LADI Na_• TZ . \.J I I a ■ 1 ..a, Y 44-and Service. T ice. C . Uses Allowed by Richt subsect_to the requirement of Site Plan Review . The following USES shall be allowed in the l'-2 Zone District following approval and reoordingf a Site Flan 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 I -3 _ 1 - AGRICULTURAL PRODUCTION . 2 . Any USE of a research , repairing , manufacturing _ fabricating , assembling , processing , or_storage nature . 3 . BIOSOLID D and DOMESTIC SEPTAGE disposal su bmect to Chapter 14 of this Code . 4 . BREWERIES , DISTILLERIES , and WINERIES . 5 _ CAR WASHES and gas stations _ . COMMERCIAL STORAGE BUILDINGS . 7 . CUSTOM MEAT PROCESSING , 8 , DISTRIBUTION CENTERS . 9 , Farm equipment sales., repair, and instaliattn facilities . 10 . Grain , seed , feed , and fertilizer retail and wholesale sales establishments. 11 . Golf courses , 12 , Headcuarters or service _facilities for taxi services , bus services and other services involvinc the trarwartation of people . 13 . HELIPORTS . 14 . INDOOR SHOOTING RANGES 15. LANDSCAPING COMPANIES . 16 . LUMBERYARDS/WOODWORKING 17 , OFFICES. 18 , OIL AND GAS SUPPORT AND SERVICE . 19 . OIL AND GAS STORAGE FACILITIES _ 20 . OUTDOOR OR STORAGE . 21 . OUTDOOR STORAGL of PUBLI _utiliit _related! cc ui oment. Chapter 23 Zoning code updates 3/6/ 19 DRAFT Page 155 of 246 22 , ORGANIC FERTILIZER PR.ODUCTIGNICOMPQSTING FA I LCTI E . 23 . Parking areas and parking STRUCTURES . . 4 . Police , ambulance , and fire stations or facilities. 25. RACING FACILITIES 26, REPAIR SERVICE ESTABLISHMENT 274 RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand ( 3 , 0001; square feet per LEGAL LOT. 28 SVALL SCALE SOLAR FACILITY . 29 TR N LOADJN . 30 . THEATERS and convention halls . 31 . VEHICLE SERVICE/ REPAIR ESTABLISHMENTS.. Accessory Uses, The following BUILDINGS . STRUCTURES and USES made allowed in the 1-2 Zone Districts � _ a ► - - - eidental and ACCESSORY to tie Use A .leiSR=i t.- Such BUILDING& ;,.-R7 standards se: 'o . i SeY. ' V' as 23-3-3L0 , 23-3-3-50 �Lr[I I 'kA 2 k 1 . OFFICES for � � i • 2 . Loading- + SCREENED from the ADJACENT public rights-of-way and on A A E- T-properties zoned R-1 , R-2, R-3 , R -4, R-5 , 1 , C-2 , C-4 or I -I .- Parking---areas or—STRUCTURES for v SCREENED from the ADJACENT Dublic rights of-way and on ADJACENT propef4ie r •3 R4 , R 5 , C - 1 , C2 , 4orl 1 . 4 . One ( 1 ) MOBILE HOM -- _ maintain-i , , ions of Section 23_ ,- 5 . RECREATIONAL FACILITIES for the USE of persons employed in the conduct or--maintenance of the USES allowed on the property. _ Retail sales-, when-ACCESSORY to USES of manufacturing, fabricating or-- g, T Cargo containers- 8 _ WIND GENERATORS , which may require the isstanc ._, In ' • for WIND—GENERATOR , as per Chapter 23 ,. Article 1V , Division 6 of the-Code _ TFLECOMMUNICATION UNICATION ANTENNA TOWERS , which r -u-ice the - issuance-of a—. -ti - P-e-rnit for a se_ttothe provisions of Actio4e IV, Division 10 of this Chapter. `--0= NONCOMMERCIAL TOWER ; 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 a USE Allowed by Right and included on an approved and recorded Site Plan . Any USE conducted outside of an ENCLOSED BUILDING shall be SCREE. ED from adjacent PUBLIC RIGHTS-OF-WAY and ADJACENT LOTS in any Zone District other I - I _ 1 . AIRSTRIPS , CARGO CONTAINERS , 3 . Loading areas . 4 RECREATIONAL I LITIE ,_ OMMER IALy 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 Chanter. ,at-Recut URES and USES may be cor-struGtedt occupied e� n:aine 1r - of upon" the -ap we aLaf a permit in accordance with the requirements-and procedures set forth in Article II , Division 4 of this Chapter.. I- REPEALED . . ._ _ 4R&R IP& 4ewtl ey are-ACCESSORY to the Use Mowed by Right Chapter 23 — Zoning code updates 316/ 19 DRAFT Page 156 of 246 4 . Asphalt and Concrete Batch -Plants- 5. - Coal Gasification Facilities . :—Qpen-Pit Mining-and Motel- aIs--PFocees ing-s ►}cct to prevision—s— " I -I-V, r►iyisi his Chapter. 7. Microwave , Radio , Television or other Communication T-e &r.s e-r forty - five (15 ) feet in-height ( measured from ground level)- 8. TELE OM ' UN-ICATI +' tile-provisions of Article--IV,_ Division 10 of-this-Chapter. PRO-C-EB 10 , RESEARCH LABORATORY . 11 . HEAVY MANUFACTURING - PROCESS-I-rya 12, WIND - -Rol 1 . CEMETERY `Iia W1NlD GENER, T R( ) requiring the issuaR f Use- by- peo+ea-Review Permit, as per Chapter-23 , Article ‘Division 4 and-Criapter 23 , Article IV , Division 6 of th As Gedek: 15; - COMMERCIAL O 16; CORRECTIONAL FACILITY . 18 _ PETROLEUM REFINERY . _ PIPELINE_= DO-M-ESTIC WATER , 2a _ MEDIUM SCALE SOLAR FAQTY . 21 . R=I=P ELLN E - NATURAL � - - 7-0-7 -HER eMM \A -LRA _ GAS . E. Uses Allowed by Permit . No USE listed in this ubsection shall commence construction or operation in the 1 -2 Zone District without prior rovall of a land use permit from the Department of Planning Services. `I One ( 1 ) MANUFACTURED HOME per LEGAL LOT , when USED as living quarters for caretaker or security personnel responsible for maintaining or guarding the property , permitted under Division 3 of Article IV of this Chapter. - -- l - . One (' 11 NONCOMMERCIAL TOWER between forty MO ) and seventy (7O feet in height p r LEGAL LOT permitted under Section 23 -4 - 895 . 3 , OIL AND GAS FACILITIES permitted under Division 10 of Article Il of this Chapter. 4. PIPELINE Ss NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 _ of Article II of this i ha titer. 5 TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five ( 3 ) 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 re a ir1 a zoning permit under Division 6 of Arkle IV of :Olt Chapter. Site Plan Review Required . No Ib j ' be U ED ed in U or t-ype of occupancy , DE EEDerected , censtructedrfeconstructed , moved or structurally altered- or- operated-in- e Ai . uTn-4 + ‘ew has been-approved by the De ri nit of PlanningServices_ It--shati be necessary that the applicant in the -t 2 -Zoe,- istrict -tat-the performance standards-a-4 th t requirements that-are applicable-to - _ _ pe ly zoned -I-2 have been Pit-shall be complied -with according to-the-intent of this Chapter. This sI!aII be accomplished through the Site Plan Review application process , Uses-1 teo in Subsection D w in the 1 -2 Zone District shall-be exempt-from the rte- Rion-Reiiew process and snad make application for approval 0± h the requir men _and procedures-. -set forth in Article II Divi-si hapter The following is exempted from a Site Plan R.c 1 . OIL AND GAS-RROULLICrir4ON FACILITIES . F . Uses by Special Review. The following BUILDINGS STRUCTURESand 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 . Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 157 of 246 2 . Coal gasification facility_ 3 . COMMERCIAL JUNKYARDS . 4 . COMMERCIAL SCHOOLS , 5 . COMMERCIAL TRUCK WASHOUT FACILITIES , 6 . CORRECTIONAL FA I LITI E ,_ subject to Article XV, Section 15-5t of the Weld County Charter_ 7 . MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article IF of this Chapter, 8 , MEAT PROCESSING . 9 , Open MINING and processing of minerals,._ 10 . PIPELINE DOMESTIC ATER in accordance with Division 6 of Article II of this Chapter. 11 . RESEARCH LABORATORrE . 12 . SaUd and hazardous waste disposal sites and facilities reauirLng Certificate of Designation in accordance with Sections -12 - H 10 and 23 .4 -38O of this Code . 13 . TELECOMMUNICATIONS ANTENNA_TOWERS over seventy 70 feet in height. 14 . USES similar to the USES listed as errnitted e.s long as the USE conulies with the ceneral intent of the Zone District 15 . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter . rfcrmanee -Standard Compliance Required . All BUILDINGS, STRUCTURES and land located!--the-the 1 - 2-Ziane Districts shall be located , designed , USED and oc pie in s e-h-a manner that the design and operatiCtri &&a ica its no tainec iv) Sec:ions 23-3-340023-3-350 -and 23-3-360 be are met. G . ( Repealed . : - - - nt of tie 1-2 ( In `••. r l) Zone District . Sec . 23-3 -330 . - 1 -3 ( Heavy Industrial ) Zone District A_ intent-. The purpose of the I - 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 hIghwa s , railroads , or AIRPORTS .. Intent The purpo of the 1-3Zone-District is to pro vi-de a zone-to accomfmo ate i lll�*'F1 l SES which U'ti't y sr.� ■ �n ■ ■ : ■ a a--� ra-r 3u-€h---us • -i pa-reI a L iv e 4y isolated from °tier arc USE types- B , Uses Allowed by Right No BUILDFN , STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected , structurally altered " enlarged or maintained in the I -3 Zone District; except for one ( 1 ) or more of the fel-le USES listed in this section ; ,which must be conducted in compliance with-the-performance r ' ormanc-e ataicarea contained in Sections 23-a3 340, 23-3-350 and 23-3 360 below. 1 . As,Dhalt or concrete batch alant USED TEMPORARILY and exclusively for an on -site construction project or the corn letion of a_PUBLIC. STREET/ROAD improvements protect. The six-month limitation for this TEMPORARY USE may be extended in six- month increments at the discretion of the Director of Plannirrc Services up to two (2) times , and thereafter by the Board of County Commissioners . 2 . COUNTY grader sheds .. 3 . One ( 1 ) NONCOMMERCIAL TOWER pup to forty (40) feet in height per LEGAL LOT ( See Section 23 -4 - 895 . ) 4 . PUBLIC PARKS . 5 . PUBLIC SCHOOLS . Chapter 23 Zoning code updates 3/6; 19 DRAFT Page 158 of 246 6 . TEMPORARY borrro USED exclusively for the completion of a PUBLIC STREET/ROAD improvement ro'eot: it TELECOMMUNICATION ANTENNA TOWERS pup to thirty-five 35) feet in height. 8. UTILITY SERVICE FACILITIES . Uses allowed--by ht in the I-1 Zone District. 27- Uses allowed by right in the 1-2 Zone District. 3. Any USE of a rocearch i g n+ ac ri recess flgi assembling or storage nature may beconducted in the k3 Zone District. --- -1 as the SIGNS are located and designed accordance 0ivisfon 2 bed 5 . Parking or- e , ti --UTILITY SERVICE FACILITIES , 7 , PUBL r en si n !.F r71.r LI \.aLs 8 . OIL A ►= PRODUCTION FACILITIES . 9 . Police and fire-static-or facwl;ties . .10.. Disposal got DOMESTIC SEPT-A-- E subject to the additional requirements of Chapter 14 , Article VI-- -, Code . • sale of fireworks and Christmas tr es , s bj # � rm +rernents of Article IV , Division 7 of this Chapter. 12, Asphalt or concrete batch plant used to pecaci --and exclusively for an on -site construction project-or the completion of - is- TEMPORARY use may be extended in si-x- -- more+th incirernents at the l iscretion of -.he Director of Planning Services to-up-to-two (2) times , and thereafter by the . 13 , OUTDOOR T&F A E , -he - CREENED from public rights -of-ways- and- DJ €N prep•e t o TTLEC U• _ A TEN ILIA TOWER subject to the provisions of Article IV , Division_1-0-of this Chapter: 15 . TRANSLOADING . G . 16 . Olt AND GAS UIPP T- ND- ERVICE C . Uses Allowed by Fight sub' eot to the requirement of Site. Plan Review. The following USES shall be allowed in the 1 -3 Zone District fotlowlng approval and recording of a Site Plan in accordance with Article II , Division 3 , of this Chapter. 1 . ADULT BUSINESS , SERVICE or ENTERTAINMENT ESTABLISHMENT sub ; ect 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 . BI OLJD and DOMESTIC SEPTA GE disposal subceot to Chapter 14 of this Code . 7 . BREWERIES , DISTILLERIES , and WINERIES . 8 . CAR WASHES and gas stations.. . COMMERCIAL STORAGE BUILDINGS . 10 . COMMERCIAL TRUCK SHOUT FACILITIES 11 . CUSTOM MEAT PROCESSING . 12 . DISTRIBUTION CENTERS . 13 Farm equipment sales , repair, and installation facilities. 14 . Golf courses_ 15 . Grain , seed , feed __and fertilizer retail and wholesale sales establishments_ 16 . Headquarters or service facilities for taxi services , bus services and other services involving the trans;ortation of people. . . Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 159 of 246 17 . HELIPORTS . 18. _INDOOR SHOOTING RANGES .. 19 . LANDSCAPING COMPANIES 20. LUMBERYARDS/WOODWORKING . 21 . MEAT PROCESSING . 22 . OFFICES _ 23. OIL AND GAS TORA E FACILITIES . 4 , OIL AND GAS SUPPORT AND SERVJCE . 25 . ORGANIC FERTILIZER PRODUCTIONICOMPOSTING FACILITIES . 26 . OUTDOOR STORAGE . 27 OUTDOOR STORAGE of PUBLIC utility-relates ecui Dment, 28 Parking areas and parking STRUCTURES . 29 . PET CREMATORIES , 30 . Police , ambulance ,ulance , and fire stations or facilities . 31 . RACING FACILITIES . 32 . REPAIR SERVICE ESTABLISHMENT . 33 . RESEARCH LABORATORIES . 34 . RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (loom square feet per LEGAL LOT 35 . SMALL SCALE SOLAR FACILITY . 36 . THEATERS and convention halls, 37 , TRAM LOADING . 38 , VEHICLE LE SERVICE/REPAIR ESTABLISHMENTS , Accost- cry Utcs . The followi s - ay be a4lo ed4n : 71e1-3 Zone Distri is so -Ong as they are clearly incidental— -- ►r t e Use Allowed by R .ght. Such BUILDI ; . -G , -STRUCTURES ar IUSES must be designed , constructed and operated in conformance with the perfoc-rnaniee standards set forth in-- t-ieia 3-3 , -3-350 and 23 3- 360 below . 1 . (JEFF for i iS perators -of the Use Allowed by .Right. 2. Loading areas or TRUCTU-R-E 3. Parking areas or- STRUCTURES . 4 .- One+14-- QB u SED as I king quarters ponsible for maintaining or--guar4ing4herproperty , subject to the provisions of Section-23._4 -220 of this-Chapte 5 , RECREATION-FACILITIES for the USE of persons-employed-in--the conduct-or aint nance of-the-USES al-1eweciron- the property . €- Retail sales hen ACCESSORY-to- 4 ., 3 . 7 , - Cargo containers . 8 , W, \D GEN ERATO lci ma -- Fe-quire the issuance of a Zoning- P1'4-for -'WIND-GENERATOR as-p Chapter 23 , Artiele I" , Division-6 of this e 9 . TELECOMMUNICATION ANTEN IA. T &R w- ich re- auks-the-issuance - of a- e-nin-g--Per-r it_for a T= IE- _ TEN - WER, s -tea +o s- + - IV, Division 10 of tI• -ha 10. NONC -ER 4 L TOWER . I.D . Accesser ses The following BUILDINGS , STRUCTURES and; USES shall be allowed in the I -3 Zone District so long as they are clearly incidental and ACCESSORY to a USE Allowed by Right and included on an approved and recorded Site Plan . 1 . CARGO CONTAINERS . Chapter 23 _ Zoning code updates 3 /6/ 19 DRAFT Page 160 of 246 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 GENERATOR allowed as ACCESSORY USES in Section 23 -4 -450 of this Chapter Uses-by-Ss ' following-BUILDINGS , STRUCTURES and USE-S4 - L fir- 1pi st-+ or rnn - ments and procedures set trth in - Article U , Division I of this Chapter.. 1 . AIRSTRIPS they are AC SE OR to -L - Allowed by Right. 2 . ---MAJOR-F-ACtLITIES OF PUBLIC UTILITIES . 3 _ _COMMERCIAL JUNKYARD or salvage YARD-,- /1 . OIL AND GAS STORAGE F I-L-ITi-E 5 . Asphalt and Concrete Batch-RIan 6 . -sifiiestion Facilities . 7 . Open -I' I-ni and a:era 's Processing—subject--to—provisions—of—Article—N, Division 4 of this hapter- --- -- icer aiT r Fr-vr' Le- nication Towers over-forty five-05) feet in eight ( measured from ground lever-_ 9 - EL EGfr'`MMU n,i I -TION ANTENNA T' - R' h.• se by Special Review Permit -subject-to the provisions of Article IV—Division-1-0 of this Chapter 1- 0 . - P i O S . -RESEARCH LABORATORY . 12 ;- -HEAVY MANUFACTURING , P-GROGE IN,G . 1- . WIND TURBINE . CEMETERY-7 15 . WIND GENERATORS requi sine of IL -by-Special Review Permit, as per Chapter—,'e I , Di-v Er - and Chao'er 23 , Article IV, Division & of this Code . 16 _ COMMERCIAL SCHOOLS . 7 -- RECTiONAL FACILITY . 18 . BREWERY . 19 . DI TILLERY-T 2 . PETROLEUM - EF -f ER 21 . PIPELINE DOMESTIC WATER-it 22 . MEDIUM SCA-LE SO -F T �- R" ELI , TTrL - 24. P- -PELT E a PETROLEUM PRODUCTS OTHER THAN E . Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or e aeratien in the I -3 Zone District without prior approval of a rand use permit from th.e Department of Planning Services . 1 . One ( 1 ' MANUFACTURED HOME per LEGAL LOT, when USED as livinc cuarters 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 (4 and seventy ( 70 ) feet in height per LEGAL LOT permitted under Section 3-4 -895 Chapter 23 _ Zoning code updates 3/6/ 19 DRAFT Page 161 of 246 . 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 H 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 re uir=iinc a Zonine Permit under Division 6 of Article IV of this Cha Site Plan Review-Required . No-land , BUILDING or STRUCTURE sr--all be i r hange in-US - - E or #Lyp occupancy , -EL- ED , erected , constructedi, reconstructed „ mover structuraly altered-or-operated in the 1-3 Zone District with a -i-te---Plan Review has been approved by the D,eoartment of Planning Services . It siall--be necessacy-that- hca n i certify-and state that he performance standards-and-district requirements-that are applicable-to-the DEVELOPMENT and USES of property zoned I 3 have been or--shall be com &liied with according to the-intent of Article ii , Division 3 of the s Ciapter. This shall be accomplished through -SC Site Ryan Review app icat on arocess. Uses . sled in Subsection D above as Uses by Special Review in the 1-4 Zone District shall be exempt-from-the Site_Plan w ro shall make-application- for approval of a--per `11it-r^• c -'a' H quiret enis and procedures set tort _ l ^, �t� 's -- hapter The-folio-wing is exempted from a Site Plan Review: 1 . OIL AND GAS PRODUCTION A ILI-TIE F Uses by SpecsSpeciai Review . The following BUILDINGS . STRUCTURES and USES may be constructed _ occupied , ° oersted and maintained in the 1-3 Zone District upon approval of a permit in accordance with the recuirements of Article IL_, Division 4 of this Chapter. 1 . Coal gasification facility . 2 . COMMERCIAL JUNKYARDS . 3 . COMMERCIAL SCHOOLS . 4 . CORRECTIONAL FACILIT ES , subsect to Article XVI Section 15- 5 , of the Weld County Charter, 5 . 'PENN MANUFACTURING - PROCESSING . 6 . MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article ill of this Chapter , 7 . Open MINING and processing of minerals . 8 . PETROLEUM REFINERIES . 9 . PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Charter_ 10 . Solid and hazardous wastedisposal_ sites and facilities_ requiring_ Certiifi te _ of Designation_in -accordance with Sections 12-8-10 and 23-4- 360 of this Code . 11 . TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70 ) feet _in height, 12 . USES similar to the USES listed as permitted as Ion as the USE complies with the general intent of the Zone District. 13 . WIND GENERATORS recuirinc _t.he issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Pert co andard � 1 I •1 I �RL -URE ant ' a c oca _ec In the 13 Zens Di I ired , US standards contained-in-Section 9 - re-- et G . _( Re a ed . See Subsection F . 12: : ) USES similar to the USES above-. so long asete USE complies with the- ener me ef=4hc 13 ( Industrial) Zone District, Chapter 23 - Zoning code updates MM/19 DRAFT Page 162 of 246 Sec . 23 -3 -340 . - Performance standards Bulk standards . All BUILDINGS , STRUCTURES , USES_, and land located in the Industrial Zone Districts shall be located , designed , used-USED and occupied in accordance with the +ems -and aeration—standards requirements enumerated in Sections 23- O 4.--d- , -3460 below this section . A . Minimum SETBACK . twenty-five 125k feet. B. Minimum OFFSET: ten ( 10 ) feet or one " 1 ) foot for every :wo : 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 °ail and gas wellhead , or within twenty-five (25 ) feet of any plugged or abandoned oil and gas we I . J Maximum LOT COVERAGE: No more thaneighty-fivepercent �.P 85% of the total area of a LOT in an Industrial Zone District shall be covered . Sec . 234-350 . - Design standards. ( Repealed . ) The-applicant for a built -permit ' ntent of Article III !, Division 3 of tta+ hapt that the following performance standards a _ r • reqwleirents have beei met . Ad{dht-ional=1ya ompliance with-these pertrmarnce standards c -kal-lcontinue once the—USE, BUILDING or STRUCTUR&' n, A torrn titer MaRageme-nt--A1 &trial Zone Districts shall prodv-ide -and iiair .ain srtorrnwater retention facilities desi . � � f �,�t flow -from- -the undeveloped '546r =ie storm ra-ter-r- a a � eyelop�� 1 - ch III be dcsigna l r a one hundred year storm . Tl e -stornwater retertien facility shall be designed and operated = to release - the retained water at a py quantity ancl4 to not to exceed-the -quantity and ra:e ofa=five-year storm-- B , Parking . Sufficient SCREENED , off street, pave& packing- a 11 provide i the Industrial Zone Districts to meet :he requirements-of employees, company vehicles, visitors anc customers of the - Uses flowed by Right and ACCESSORY USES . F - tai•Ied- r ng requ :rementsrsee Article IV, Division of-th ha -tec- . Loading Area&_Loading areas in the I ndustrial Zore Districts shall be located , designed and constructed in-a manner that--i -gin- confd-rnancre with the standards beIew--. '=-7-----Sufficient-space shalt be provided in aoad4ng areas to accomniod to tree v-eh+cies beine lower ar-u-nAeacied- without enecoa enp upon neigh-Loring property or rights of way. Said t -ding areas shall be paved .. 2. Loading-ass located within the 1- 1 and I 2 Zone Dist -icts_shallbe designed to oomph th the appropriate use regulations under either Section-2-3- 3 310 or Section -- - 2 a bove Street T -i the Industrial ess to an approved PUBLIC or privotc STREET . The design designation of-any--STREET or highway as to type shalI be in conformance-ance w-itMnat-5hown on the Thoroughfare Plan and/or the MA&TER PLAN ate -affected municip 1y. Vehicular ingress an seal " be permitted- Iyr via the following types o - -TREE t- ARTERIAL. 2 . COLLECTOR . when that COLLECTOR STREET ET does nct ccr e—a E rat+ ne District before intersecting an ART 3 . FRONTAGE or SERVICE ROAD . LOCAL, when the LOCAL ST 7 r t , and- does not serve any Residential Zone District LOTS . 5 _ New accesses to public-r hts-cfrway shall be-astructed using the minimum standards contained in-Table 23 . 7 below_ Designs exceeding tiese i * required by the Depar meat of Public Works depending upon the number-and type-of vehic-les generated=by the use proposed . Table 23..E Chapter 23 — Zoning code updates 3/6119 DRAFT Page 163 of 246 Size of drainage 15 inches str-u LeFigtti—e4 —talc-44g° 20 feet structure P f _ Winches Width of access, 1-0 feet-to-24- variable um grade of 15 percent access Flare radius, v ri is 20 feet to 40 feet Depth of surfacing 4 inches E . celerattionideceleration Ian -wh e required by the Deoartment of Publie Works or the Colorado Department of Trails t ti - pr• id -s. ffitGr3/46114-aterGiaSS t0-ARTERIAL or COLLECTOR STREETS_ F . Required YARDS . 1 . etback . No USE or ACCESSORY USE may be located closer than twenty f@ •' - existing-or proposed (w-hio er represents the greater right of way w- d h ) hway-ec- T EET-r4 It-of-- a . Off-street parking arcas may he permitted in the required= ET ° • SCREENED 1 . rect view .+ persons on the.-puh-Iie$ig is-of-way: n - n--height are-not required to co with—the----minimum—SETBACK- ay be-local-ad t —p pe,- -„ne.. Fences located on corner lots a t=ic - -r f-w at- tryact the -view-of v-ehiciular traffic at an intersection . 2 . -Offest. An USES and ACCESSORY USES must be OFFSET ten ( 10) feet or one el ) f t4- every- two (2) feat of BUILDING i . r_ Off-street oaring areas may be per-rrrif=off ` t-ha--r quir ed-O-F--F ET-ar. : - ; - hen e-a-- s screened from--adjacept properties . Fences over six ( 6 ) feet i n ig ,are - H i -ed--to comply with the-+nin-i n u a-O-F-F- €T -and may--be-located-on---t-ee property line . 3,- - No BUILDING or STRUCTURE shalt be constructec within a two”hundred;foot radius of any tank battery, within - a one- hundred-fifty-foot ra hid or Sri- in-- - enty-five-foo►t radius of any plugged or a'ban'doned---oil-and g'as-well . Any construction-within these setbacks shall require a variance from the4erms of i h ►ter it e rda-nce-with absent l- ' - - t-! -. --of-this Code . G. Required LandscapedArea.s . 4 . No-more than eiq-h4y--five_percent (85%) of the total area of a L • astir I I a trial- Zone District shall--# l �^yt �y h}� " - ' i s •r-, r�r- �r ity� S I r- - h r i f-� e a 1 t o r-r f ll o we r 'ti N �'�—L�-�i'� �`�`f-r�tJ�'t tt� fi9-r �r�-��--�r-�.r1c��F-�T +�J"rP��t --�-A-��r i. [�r'�� a r'Grr�[�T��r1�- f'►9 � I'�B�'sr over-ed- by-decorative by—decorative gravel or wood chips , or otho ise-s itabFy LAND Ti t e4itr wof a-LOT in-any dustr'ia4- ene-- orry = E ET right-of-wait shall be landscaped for a dicta ice of ten ( 10) feet, mocoured at a-cog -a fc rre the- LOT line-towards the interior of the LOT, Sidewalks atnc' driveways may pass through - c- =requimd--L ,N--D RED areas H . Trash Collection Areas , Areas USED for storage or trash collection-shaft-be SCREENED f-r -A-WA+ € -public rights -of-way and- AUJAC-; - proper ies . These areas shalt-be designed-and-USED in e manner -that w i l l prevent wind- or animal-scattered trash: I . Water Supply , USES • ocated in , icts s 'ia I lave-an adequate source of potable water. r"t , �" .-t � �tirr� �� c�r�ri �; �a �a�AE� � � r•Ie i J . Sewage Disposal . USES locat in -teen Baal Zone Dist s -,��i-� , - sai to i itl : � rtarr� �I Iirrh+�ix� ri h � !I i J '�(` p' m r� �xti��i - ir�r, . 3-2-161a' I ,mirky T _ li .sfleas. 4gn n` r' aT ,'CT5.. . ction 2 U . L.Q . Sec . 23-3460 . - O# ration -standarrds ( Repealed ) USES in the nc us-r`a Zone Ystr"ots s.ia * cemonstrate conformance with-the fol=ow oration standards to the extent-tl-hat- they- -e--affected by beat"c-n _ ayout and design rlor to construeton and operation , Once operational , the operation of the USES permitted shall_o+ n-fecm to these standards : Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 164 of 246 A Noise: _ _rial Zone Distr4 is shad be located , desired and operated in accorcance w t -ne-noise etandares as estab-iis iec in Section �' - - ` ' , C _ R _ S B . Air Quati- min the Industrial Zone Districts - ha-II be located , designed and operated-ar accocdan e with the air--quality stanCarts established by the Colorado Ai - Pollution- +rot - C . Water-Quality. USES in the Industr-ia1 --one Districts shal be located , designed and operated in accordance with the watercutiaAty control standards established by - I n er-Quality Coital Commission . a— Radiation and Radioactive I Ia- -rial . The ha-ndling !_use , storage and owes-sing of radioacfve r at Fia-Is-shall be in accordance w;th-the applicable-regU-t n - - - t nd-the United States-government E . Heat. USES located -within he Industrial Zone-[ istri. Lin_such an arn�, nt s ient r i is at or beyond th-e--lot more than five -( 5 ) degrees -Fahrenheit F . Light. Any lighting , including light from hi a- e Leh as welding o e nbu- tion shall be designed located and-operated in suoh a manner as to-meet the following stan4ard &-=--sources of-light- shall be shielded so teat beams-GP-rays-of light wil not shy c tly-onto ADJA ENT pcope, ' ies neither the direct-nor r - . - is hazard to operators of mote ' vehicles on PU private ST- BEET -and no colored i gh►ts may be use -be con sed with c om as traffic control devices. ncE -F�r -t i l-ZoneD4str: cts shall be mathtained -in uch a manner that grasses- and - weed -grow tal -er than twelve {I-2 ) inches _ In no event-shall-the property owner allow-the--g-r-o t-h of NOXIOUS WEED Division 5 E ( Estate ) Zone District Sec . 23 -3-400 . - intent The E ( Estate ) Zone District is intended to provide the--present and future residents of the CG!Uwith 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 aoplicable rgcuirem nts Chapter 22 of this codes adopted MASTER TER PLAN of � -:• + , rr�.�o- ip s . 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 'primate STREETS/ ROADS , Sec . 3 - -405 . W Water and sewer requirements. All USES requiring water in the Estate Zoninc District shall be connected to and served by a PUBLIC WATER sw stem and an adequate seswaqe disposal system . The sewage disposal system shall comply with the On-Site Wastewater Treatment System regulations contained in ChaQter 30 of this Code or shall be served by PUBLIC SEWER service . Evidence that PUBLIC ATER and an adecuate sewage disposal system are available to the LOT shall be provided prior to the issuance of a building permit._ Sec . 23 - 3 -410 . - Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED , and no BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or maintained in the E Zone District except for one 00 ) or more of the following USES , n--the E Zone District must be USED -in compliance with the bulk requirementscontained in Section-23- - r1 a'1r eI ti I I it 4:,-414e-E---Z-aPeaCtistriet are subject to the= d gnat-ce d V of th i hap ter. A. GARDENING . One 4i LY DWELJNG has-1 stem shall coniply-with-tl sal- FPeg cations contained in Chapter 30 of this Code-.- Evidence -that PUBLIC VVATER and an, ate ,lag S o-saI-system are available to the LEGAL LOT shall be provided prior-to the slue-rice of a bu ' leino permit B . FISHING and noncommercial WATER SKIING _ One ( *.MANUFACTURED HOME i per LEGAL LOT . The MANUFACTURED O E cha . to an AT rate sewage + ispasa-l-system . The sewage= 4r oividual= e -+fie Disposal Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 165 of 246 Regulations contained in Chapter -- is--! n Try disposal-system are-available to the LEGAL LOT s-hall be pr--ov1ded prior to the issuance . - ti =.pier : C . One CLNONCOM MERCIAL TOWER up to forty ( 40) feet in height per LEGAL LOT . ( See Section 23-4-895 . } FA WW . R \ C - 1' G anc GARDEN NG . D . PUBLIC parks and PUBLIC recreation areas. E . PUBLIC rCHOOL PUBLIC SCHOOL- -t- . F . One ( 1 ; SINGLE-FAMILY DWELLING and AUXILIARY QUARTERS or GROUP HOME FACILITY per LEGAL LOT . Poke and fire stations or facilities , G . UTILITY SERVICE FACILITIES , H , ( Repealed . See Subsection F . ) GROUP HOME FACILITY . I _ ( RepealedReriealed FOSTER CAR E-44041& u 41& J . ( Repealed . See Section 23 -3-425 ) OIL AND GAS FACILITIES 1 ._WO Req cur . r io I AND GAS--F-ACILITY shall be developed in the E (Estate) Zone District until a WOGLA has been issued by the-Der `oners--ice accordance-with the applies:ion-procedures set forth in Article II , Division 10 , of this Chapter . K. (Repealed . See Section 23-3-4251 PIPE- E - NATURAL GAS or PI-FELINE - PFTR -EUM PRODUCTS OTHER THAN N Ti RA GA 1 .. LAP Req-uired . No PIPELINE-E - NATURAL GAS or PlPELINIE - PETRO-LEIJIVI PRODUCTS OTHER THAN NATJ- L GAS shalt be developed in the R - J1 - (Low4)snsfty -Res4dent4alZone District until a LAP has been ice`s ued-by-tai e Department ofRl-a rmi nw- + i c s or the-Board-of-County o m m appli tien-pcooedures set forth -gin- Division 11 , of t i-i-s- ap: F Sec . 23 -3 -415 . - Uses allowed by richt sub ect to the re uirement of Site Plan Review . The following USES shall be allowed_in the E Zone District following approval and recording of a Site_ Plan in accordance with Article II , Division 3 ,, of this Chapter . A . CHURCHES _ _ , Golf courses. C . Police . ambulance, and fire stations or facilities _ I . Private SCHOOLS . E. RECREATIONAL FACILITIES , PUBLIC and PRIVATE. Sec . -3 .420 . a Accessory uses . The following BUILDINGS , STRUCTURES and USES shall be allowed in the E ( Estate ) Zone District so long as they are clearly incidental and accessory to a_ USE the Uses Allowed by Right in the E ( Estate) Zone DistrictDistr-ist- Surch-BUI-L-DINGS ,‘ThSTRUCTURES and USES must be designed , constructed and operate , in conf� � ance nt bulk requirements contained in Section on 23-3-440 t eb EI U ES wi h-in the E: ( Estate) _ ,z riot are requirements contained in Mr icleslV I-' flEs Chapter. Note:Tire combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS construCted_ after the original effective date of_th, is Chapter (August 25 , 1981 ) on LOTS of less than ten 1 o acres inSUBDIVISIONS and HISTORIC TOWN SITES shall not exceed four t4 ≥ oercent of the total LOT area , except in Rational Urbanization Areas ( RUA) _which shall adhere to RUA development standards . However, in no case shall such an ACCESSORY BUILDING in a UBDI 'I ION or HCBTORIC TOWN ITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except bLVARIA►NCF . Any ACCESSOR 'r'.'-_BUILDING_ made nonconforminc h} a J3lication of this Sectionmai -_k e repaired , replaced or restored in total : Exterior portions of all ACCESSORY BUILDINGS , including the roof, shall be constructed of nonrefleotiive materials . A ANIMAL BOARDING and animal TRAlINIING 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 ( o ) daily trips ara-g es , oarpa44s-a-n ci I ki -a-reas- Chapter 23 _ Zoning code updates 3/6/19 DRAFT Page 166 of 246 B . IFARMINa Swimming pools, tennis- courts and similar RECREATIONAL EACILI-HI-E-C , Parking areas and parking STRUCTURES , not including parking of COMMERCIAL VEHICLES .ICLES SIGNS . in accordance wail the previsions= A- `tiste IV, Division 2 of this C iapter. a STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-410 , not including CARGO CONTAINERS , HOME- OCCUPATION - CLASS--I-sl- Gempl.y with -Section 23 = 1 -90 and - LASS II shall- mp►Iy with Section 23 1 -90 and Anisle IV, D . .- • b . E, Swimming pools, tennis courts and similar ACCESSORY USES and TRU TUBE , e ice BUILDINGS-and fac1itio - F . WIND GENERATORS allowed as ACCESSORY USES in Section. 23-4-450 of this Chapter.--Any-her STRUCTURE or USE cl:earfy incidew.a arc ACCESSORY :• a L. so- Io 'strict ( Repealed . See Section 23 - 3-425 . ) Parking and operation of one ( 1 ) commercial=v icI- from the property , pr - •ng and operation are permitted-th-r- a ction-- -o►f this .ha' Seca 23 -3 -425a a Uses allowed byiermit., No USE listed in this Section shall commence construction or o eration in the E Zone District without rior ap; roval of a land use permit from the Department of Planning Services .A . HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter. B . One () NON QMM1ER,CIAL TOWER between forty (40) and seventy (7O ) feet in hei er LEGAL LOT permitted under Section 23-4-895 . C . OIL AND GAS FACILITIES permitted under Division 1 of Article I I of this Chanter. D Parkin_q of one ( 1) _COMMER IAL VEHICLE per LEGAL LOT permitted under Division 12 of Article IV of this Chapter. _ - - - - - - - E . PR LINES_ NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS i gritted under Division 11 of Article of this Chapter, F WIND GENERATORS requiring a Zoning Permit under Division 6 of Article IV of this Chaater. Seca 23-3-430 . Uses by special review. The following BUl LDINGB , 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 fir Division 4 of thus Chapter. A: ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four ( 4 nercent of the total LOT area , as detailed in Section 23-3-420 above . HOSPITAL, nursing hone and-Fehabi it-ation--center. B _ BED AND BREAKFAST FACIL L TIES . --Private-SCHOOL . C . CHILD CARE CENTERS . CHURCH. D . HOME BUSIIN ES SES .-PRIV -TE-RE RECTlON eL-FA -LITY . E . PIPELINE - DOMESTIC 'WATER in accordance with Division 6 of Article II of this Chapter ,_KENNEL- subject to the accitional regLircments of Section 24-4-400 of this Chapter_ F . RESIDENTIAL THERAPEUTIC _ ENTE . L - r , ENTER . G . USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District.. --Keeping , r or-boarding E T' H 'V'WPND GENERATORS reguirinc the issuance of .sepal Review Permit under Division 6 of Article IV of this Chapeter. 780 E- BU iflE. S . I . ≤ Repealed . See Section 23-3-4Z5 . 1 1-L AND R.. , TION- FA ILIT-1 J . ( Repealed . See Section 23-3-425 . ) WIND_TURBINES . K. ( Repealed . See Subsection . ) USES similar to the USES listed above as Uses by Special-Review as long 35 � ��, Me-ge ra4-it -tent of the-E-= en - i - Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 167 of 246 L . ` Repealed . ) CEMETERY . M . ( Repealed . See Subsection E . ) RIPE-LINE- DOME TI WATER. . Sec 23 -3440 . - Bulk requirements . The following Subsections list the bulk requirements for the E Zone District , All BUILDIN 1 STRUCTURES USES „ and land in the F district are subject to the requirements contained in this Section . A . Minimum LOT size : two and one -half ( 2 . 5 ) acres . B . Maximum LOT size : twenty ( 20 ) acres . C . Minimum SETBACK : twenty (20 ) feet. D . Minimum OFFSET : twenty (20 ) feet. E . Minimum OFFSET for residences DWELLING UNITS when ADJACENT to the A ( Agricultural ) Zone District: forty (40 ) feet.. F , ( Repealed . ‘) Fences--less-than-W-6)-feet in height are not required to comply with the rn ni111 Li OFFSET and ma- -- a-cated on the properly-I neT G . Maximum BUILDING HEIGHT : forty (40 ) feet. H . Maximum number of ANIMAL UNITS : one ( 1 ) per acres not to exceed eight ( 8 ) ANIMAL LIMITS per LOT. The maximum number of HOUSEHOLD PETS per LOT shal be four (4) HOUSEHOLD PETS of one ( 1 ) species or a total of seven ( 7 ) HOUSEHOLD PETS of two (2) or more species . L Minimum GROSS FLOOR AREA - are-footage-of SINGLE-FAMILY DWELLIN - r-MANUF T JRED-HOME one thousand two hundred ( 1 . 200 ) square feet, .� _ : Repealed . See Section 23-3-420 . ) The combined GRGROSS = I OO -, -R- = ORY BA..VI-LGS constructed after - the or e date of s Chapter Char F orded--subdivision p=at or LOT =pact of a map- or pan filed prior to- acoptionof any reguation - trial-h-rg than ten ( 10 ) acres shall not e teed ear percent MO' O of-the-total lot area, except in the Regionaltion Ar - hal-I-ad -re to RUA cl-evelopment standards -However, in no case shall-such- an accessory building exceed wice the-gro;s floor ar-eg-th It the-lot except by variance ARynac -e- of this Subsection -ray_be-_ repa-i-r , r- pl d e - rrr in to u a.,ir-rr,-rrs�n• . K . Ru_ealed . See Section 23-3 - 0 . 'iE terior portions of al-I--ACCESSORY-BUILDINGS, including the roof, shall be canstructe-d of nonreflective-materials . L. No occupied BUILDING or STRUCTURE, as ce=tec any - rr ec =o Nose occupancies isted as Groups- F-- H- 1 M , I . , S and--U-4n Section--3,024-of-the 201 International Building Code , shall be constructed within a two-hundred (200) foot r'adiu feet of any tank battery , within a- one hundred-fifty. ( 150)$oot r-a -u-s feet of any oil and _gas wwellhead or within a-twenty-five (25 )-foot-radius feet of any plugged or abandoned oil and gas well . Any G0R-Struot f it atwo-hundred -foot radius- of-any tank-batteryro e hundre foot radius of any wellhead shall- ure-a-vat nce from the terms of his. Gha, r�ra--a6e+ d nee w th Subsection 23-6- 10. C . of this Chapter M . Sources of Iicht shall be shielded so that beams or rays of lic ht will not shine directly onto ADJACENT Propertie or PUBLIC or private STREETS/ROADS . Neither the direct nor reflected light from any light source may create a traffic hazard to oozerator : of motor vehicles on PUBLIC or private STREETS/ROADS No colored llc hts mr be used which may be confused with or construed as traffic control devices . 1 - e =ternal4ight ndg—mall--be designed ir accordance rit fi0n--2 -2-'160 . U . S Division 6 - PUD ( Planned Unit Development) District [All current development proposals- are subject to- h a Section 2317-80 Cl. Sec . -3-500 . - Intent ( Repealed. ) The PUD ( P anreed Developmeni s o ate, a temotive moans fo roperty- -r rs-t-o apply-fl _bilit ' o iii -their land - a, ne__be- pessible under the normal- a-pplication of this-Ch-a it-er and Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 168 of 246 4apte.r • I 1 I tric t-i s of i r to rn rled 4o-he-u- (` �e�'Y'r rti.� ' l`t- - ob oes- - i _ } _ ptec 2- -a n-d- -' -h-i-s Code,--T - + s of--th�°+, : encourage flext4ity-arici-varie - NT--► - - - ro n pfkate- uset, *I-Hareve-the-Glesign--.character and-qualita-DEVELO adequate- c1-- -o-rmcal fir -;ed pnvate Sef-VIGSSi p v eats-t - - t -r-a rard ; . . encourage- -an+ . g 1a - approd ; sure rl iIit a 't t- -- h - - rrT I The-COUNTY late P --lay -- -� , . R ec .. 23 -3-510 . _ Pcrmr++ed u Sr ( Repealed . ) . A Vii4nay-- dam- - review and-app val i + - r ,' ,�'� - �-, � �I r- ,-,,a- ra G h n rte, i i=, r r r �a r 1 [ 1 I I-'1� r►I r~ I I t` ' . � +�ir, r-i -� I � ir�,x�taer�ti4 � '�e.._1y.r�i� I�.� � � - su _'i c t t r�'� t I e a r�l r'� i r c' ti =s� rr .�� is n d `i h ' ' � � � !QI Ifs f'Mr ta-i i � t�rik��r�l hr � tr��t h►� rit_I� ' -- �'�r �rirtitir'tir� ES- A-te r r ha ie— - r�+ t °!F` D �s t ri -S -�.r�.. ors ha l l--' - ea-F i.nci 4G t. c n o f t E- yy o WS o tS h I_IT- tiO-11 - &U 4-L IN-G n • i� � + ed—w#h tk --- -' = . ' -adequate detail-te-cleter-mlne J��e� �L`1.l' ��Jpp �J�}''�I� �I �!`'j'� spy a-1 � �"`� .t Ctrs C� s i t y ., X 1 1/ 9 O F 7 4..J� i E I 9--S ACE7— 'ia 1._CDS 5r ! LPL "� ir'1 k'Iti t7 i a n c i r c I,G�l a t i�n Ye e. dr-seY%G 1- e l l ithEi �"� 4Y � !d buffering Di _ KEEN-1I- -3--_ J -- - ' h--a p p ro e sider --un' q u e a ri d the - II t i w, of e Fa P, I ed--a the PU ; - I I & w � istr'!i-ct u n d e r ter- Sec . 23 -3 -520 . - Performance stam#a rd ( Repealed . ) l„- �' - F T I I.��'i�l Gi � i n'sxn di-USES--- }-t.� -0s- rat s 1 I kb Ie! - 't -d gned .use l`''�rr"� d I�Y:P'+,f�i b I'LiLlr'I I irw �3t dan—"r i i _' i =_ i i - i r r■ a _( 1 Distft t chaff be designedt pat l in - . G Bi I"1 III i SFr i r4 _ tuati — W F-tiai lit �� ACA T, - traffiercdfl �, If � ■ � it �, r. o r r ,a� ,i,i � a a E-E Y`Y`L B. Cor 'timo� n"`e'pe pace. Sf`AG : rhr i'1 e- 'o' Thr arnoi nt an J' pe --OP' E-I -SP fl--1` pcopo r d--a+ enthng tot of-4JSE S, I_t DI G ►- - 4,1 T - -ES--to--be--card-a -+ - e- P-IJD---D i std I lUO N OPE4 S PACE e a P I _ _ : �. s .. � � � .� .� � � . _ � � �' "��7;}�-r{ - e MO! PEN SPLEIC - in a UD—Di ict s I he o _ a a, . e tab+{lristl c -sole1 y— 1 i c.l"f ownership_ 1 ti r I _ f^ ?`ti tl _ Watr '' ��-J i- �}�T,� �}j {/-.'!�.J.'!jo ' • r! {�-��/��j{I jI� _ �+ • , Y �"d ! !! �7 FJ 11 ��I �. � � 1 1"V-�-�1 IVg11 - -' ... 1 _ � I■ f r� �r� s a f . � � I-� �. .'�j _'� �'- ' � ■ ' .4i F ,icie nt n1 wed-with 11 i rc u1 � . D E V I �"`ti C7 IM X91= h IwrT-'I�vT r -P designed and s tainclude -adequate , -- rnd co en4ent arr l irr• r ionT-effestreet-Wicring--apael-leadigg d ` space--P $cu l dce w -ishali r I tte - the -circ I I,� ts�rW rr r �i` to rr� xte wr, a - a 1 t:_ l l STRE -->D-1 -r r,wht her-pc4v +t { ' irt+�f f'1�'F s - I c to to-.mkt theaments of- a-of - is-Co rti t I-5 t w I d n �---�Tf1M�-��P�� E►-�--��-�J �-l -try --�,�� ,--r,��--- s - P STRUCTURESwi and E T t- -a I 1 :st -,hr1! NN � �.�� f red anal -ar _ � i. to the '�-� �t�-6 r�`' -err liar- - - - - - - � i s - r-�'° - &i 4SSES: P `�-V^i`{--Iµ �(f, /}tea I � � i u !`Y_31 b K`l�`.L+ Tt'1. i •�p-'��f-�}; � � is 1 �i - {� �{y-I-y�-q{;-{�-��jy{-�.p}{��y.� y{�� _,jJ�p-�• .{.+��{�-.�� nµ� ��#y X..71' dl rLI' r` 1R 1 Its. 3 :I 1 ■ I 1 �C+. �' '' 4� Rd n r na a} ' I!-'Y•- r I n �, Gi , it i i 1 u 0 7 '�! I'. 0 1 Firl4 11 1 UM i rti i irir� i �'r l- r T I I C=TU ax nn L m r�l't,f of lc l lrDs r D� 1 I I� v r rtcs.r�f'9.r�l �n�• ScythedmI -�-D +c ina -r .--Att-ot � e - tr- in which- I: SE yye I stiallyh.e aIloti : er1 7—M t r -ING- S t Et ID- au ice:Y a t.ar l r r rro ra l_ US-E-mayre I It i n� n i inJ°�'�` ; r�► °- ted r-y r a I a er ig h is n-- al ' the-F--pre` -an conservancy di=stri` water-user -group wh ish en co.mpassec the fl '. � �_r� r � rl I h �tai t� i•f,� z use-within-its se - i-t t o � -bar e ' p�1 -by th�' - �n r a g m e n ta`l ro n a j roved-1 - ' � o u rt frti rr l i d 1-'lii r�.i i t r, r-ti '1 I r h i c ' -pct �rGl - 3�r-r,i-r.�rr�r,+-r. �r—r— ts I . to s ed and-c dit onaI wig htsT Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 169 of 246 H . Compliance. A PUD District and any part thereof which has been approved as a PUD Pan sh ikbe considered as being-in compliance with Chapter-24 of this Code and Section 30 28 101i s et seq . , C . R .S. The design standards and improvement agreements of Chapter 2" shall lrcable to the R p , ow and DEVELOPMENT. Certain PUD • f t 1-in • Chapter .24 I ; Enforcemert . To further the mutual interest-of the re fd+ents,t occupants -and owners-of a PUD and of the public in the preservation-of-the ,integrity_ o4is HI 1 9 tie prov- Ons -of the PU D D4 tctot nd Plan relating to the USE-of ;and and the location of COMMON OPEN SPACE shall run in favor of the COUNTY and ail -U1 be enforceable at law or in-equity by the of- cl nt or wr i stn r without I+vita aany power Sec . 23 -3 - 530 . - H ' - . ( Repealed . ) -uses within a PUD District which would requ4re a-Site Plan Review in the omrnsr 1 , Industria or R 4 Zone District shall occur or be operated-in the PUG District until a Ste Plan Review has beer approved by the Department Of-Planning ervices . It shall be necessary for the applicant in the PUD District to certify and state that ththatAhe performance standards for th E r- PMEN T- ! #-p a - --FEUD have been or shall be complied of - •Ic ' - �, r-r'li �I r� �� i�k-n Irr^�N .t r^II 1�, F�-' with act - rig to the intent Article II , Division 3 of this Chapter . T is---s a be ac -r , t- the Site-Plan Review I con process: Sec . 23-3 -540. - Performance standard compliance required . (Repealed,). All BUILDINGS , STRUCTURES and land located in he PUD District snail be lncatec , ces!gnad . USED anel occupied-in such a manner tat tin standards contained in Section 2-3 3 530 above are met. Sec . 23 -3 -550 . - Uses-alto-wed-by-right y-right ( Repealed ... ) A . OIL AND GAS FACILITIES: 1 . WOG -1 equired# l-L AND- GAS FACILITY shall be developed in the (- ticultural ) Zone District until a WOGLA has been issed the Departirrieit of County Commistioncrs: he application procedures set forth in Article H , Division 1-0 . I' Sec . 23 - 3 -560 . - PUDs subject to Chapter 27 of this Code . AM 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 I - Supplementary District Regulations and Zoning Permits Division I Off-Street Parking and Loading Requirements Sec . 234n10 . - Off-street parking required . [ O CHANGE] 0 ss fl '2 A 'i I% I a w i.4 a ms at w.SC saw n ail . r - r Lr: a w •� r•ra %c1.r . se -'ritt . !1_%ta, L1u1 1 V1 O11 -x11 ccL par 1111 g a ! cao. 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 1500 > feet distant, measured along a PUBLIC STREET/ROAD or ALLEY which connects the two ( ) 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 IP-t ie I or C Zone Districts may be permitted within the required SETBACK or OFFSET areas so-1 ha aki isSCREENED from ADJACENTpropertik-s- d$ - 3 R�+ :ter- - C. Parking areas shah not be permitted in any RIGHTS-OF-WAY Chap=er 23 - Zoning code updates 3/6/19 DRAFT Page 170 of 246 Sec . 23-4-30 . - Design and construction of off-street parking spaces . A . Off- street parking areas for passenger vehicles shall be designed and constructed in compliance with the standards listed in Appendix 23-A. B . In off-street parking areas for passenger vehicles with ten ( 10) or more spaces, ten percent ( 10% ) of the spaces may be for small cars .. The dimensions of the small car spaces may be fifteen percent ( 15% ) less than the standard dimensions specified above. Stith spaces shall be designated by signs which indicate that they are for smal@ or compact cars only _ C . Off-street parking spaces including access drives shall be surfaced with gravel , asphalt, concrete or equivalent and shall be graded to prevent drainage problems. PARKING N LOT surfaces shall be consistent with the surrounding DEVELOPMENT , but any USE requiring approval of a Ste Plan Review shall have paved PARKING LOTS ID_ Each space shall be equipped with wheel guards or curb blocks when necessary to prevent vehicles from extending beyond the boundary of the space and from coming into contact with other vehicles , wails , fences or plantings, E _ Lighting provided for off-street parking spaces shall be arranged so as to minimize illumination onto adjoining residential USES and so as to prevent glare directed at vehicles on STREETS/ROADS and ALLEYS . F. ( Repealed , See Subsection C above .. ) Parking LOT surface sl° ilk be eesistent with the surrounding development. G . Rarer PARKING ING LOTS shall conform to all standards of the Americans with Disabilities Act, H . Parking PARKING LOTS with two-war driveways will be provided with sufficient turning lane widths to allow two ( 2 ) vehicles to pass.. I _ No plant material located in driveway sight distance triangles shall be allowed to reach a height greater than three and one-half ( 3 . 5 ) feet. J . Landscaping techniques shall be utilized in deli n of PARKING LOTS to aid in buffering PARKI NG 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 aroperties zoned R- 1 , R-2 , R - , R-4 or R -5. Sec . 23 -4-40 . - Number of off-street parking spaces required . [ NO CHANGE] Sec . 234-50 . - off-street loading required . A. Off-street loading spaces shall be required for LOTS in the I and C Zone Districts . Off-street loading spaces shall be located and SCREENED to meet the rec uirements of he zo-ning district in whit-is located from PUBLIC RIGHTS -OF-WAY and ADJACENT properties zoned F- 1 , R-2 . R- , R -4 or f-5 . One ( 1 ) off-street loading space shall be required if the COMMERCIAL or INDUSTRIAL industrial USE is located iii a building BUILDING containing between ten thousand ( 10, 000 ) square feet and twenty thousand ( 20 , 000 ) square feet of GROSS FLOOR AREA, and one ( I ) 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. Each off-street loading space shall be at least thirty-five ( 35 ) feet in length and ten ( 10 ) feet in width and shall be unobstructed from the surface up to a height of at least fifteen ( 15 ) feet: C . Off-street loading spaces shall be surfaced with either gravel , asphalt or concrete and shall be graded so as to prevent drainage problems . Each space should be equipped with wheel guards when necessary to prevent vehicles from extending beyond the boundary of this space and from coming into contact with other vehicles, walls, fences or plantings . O-- street loading area surfaces shall be consistent with the e surrounding developments but any USE requiring approval of a Site Plan Review shall have a Raved 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 Joading 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 . Chapter 23 a Zoning code updates 3/6/ 19 DRAFT Page 171 of 246 Division 2 - Signs Sec . - Purposes and applicability. A. The purposes of this Division are the following : to encourage the effective use of signs SIGNS as a means of communication in unincorporated Weld County; to maintain and enhance the visual corridors and theCounty's ability to attract sources of economic development and growth ; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs SIGNS on nearby public and private property; and to enable the fair and consistent enforcement of these s-igin 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 SIGN_S in commercial and industrial zones and a limited variety of signms SIGNS in other zones , subject to the standards and the permit procedures of this Division . 2 . Allow certain signs SIGNS tat are small , unobtrusive, and incidental to the principal use of the respective lots on which they are located , subject to the substantive requirements of this Division , but without a requirement for zoning approval . 3 _ Prohibit all signs SIGNS not expressly permitted by this Division .. 4 . Provide for the enforcement of the provisions of this Division . B . No sign SIGN shall be erected , ptacec , established , painted , created or maintained in uniincorporated Weld County unless it is in conformance with the standards . procedures , exemptions and other requirements of this Division . Sec . 23 -4-70 . - General provisions . ,c, l 1 I O • . . Signs shall be pLerrnlitted in the various districts according to the regulations contained in this Division and g zoning gg in accordance with the requirements set forth in Appendices 23-C , 23-D and 23-E . A . No s-ifin I N shall be structurally erected , enlarged , constructed , reconstructed , relocated , refaced or otherwise altered without first obtaining all required budding permits from the Department of Building Inspection and , if required , zoning approval from the Department of Planning Services and the Colorado Department of Transportation , S. Non SIGN shall be erected at or near the intersection of any road or driveway in such a manner as to obstruct free and clear vision of motorists , or at any location where , by reason of the position , shape or color, it may interfere with ,. obstruct the view of or be confused with , any authorized traffic .n SIGN , signal or device. Signs located at an intersection must be outside of the sight distance triangle , & gas which could potentially affect vehicle traffic shall be reviewed by the Department of Public Works and the Colorado. Department of Transportation , if applicable . C . No sign SIGN other than traffic control &gns 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 : a Allis SIGNS , except billboards BILLBOARDS and off site dic . ion,al- signs OFF-SITE DIRECTIONAL SIGNS , shall contain information related to the uses USES being conducted on the zone lot ZONE LOT , E . Ali signs SIGNS erected in a PUBLIC right-of-way by a governmental agency controlling or directing traffic shall be exempt from the provisions of this Division . E . All signs SIGNS and components , including supports , braces and anchors , shall be of sound structural quality and shall be kept in a state of good repair with a clean and great appearance . Any derelict signDERELICT SIGN shall be returned to, and maintained inn the condition as originally established on the site , or it shall be removed from the site. Sec . 3 -4-75. - Definitions . As used in titre Division , the words-arid'-p#r-ases set forth below-have-the folaowi -definitions : 'For the purposes of this Division 21 certain +prods and phrases used herein shall be interpreted as defined in Section 23 - 1 -90. Chapter 23 - Zon ng code updates 3/6/ 19 DRAFT Page 172 of 246 e faigh-ling-149--ciepept-or-give the visual-impression ei THD- e 1 en e Me 4ent-create—a— r* I f r r -�► E BANNER: sign 24 I}'} Al t4a r- I r-r ° ,aI-that i s p,a rm ra n e n t y S eo r` 8 a frame o r -i., a1 G 1 -or-e V es �I Lr�1 ��.h�- � d'1 � r I i r-, h�d,�.�� r.+a, 4+ 1�� j,,��J��.t�i c� �t r-ri r,� r-,.�t e� rr� . - [�J��r a� �'1 ,�,1��.� y,,a�.�L,,�.r,.,y..r�� - +Er+yr�3�Q7- : S '�T 9 L 7 1 o 1 N o r [o rer beam 1 1 4.� tiJ ■ l C - _ �-r '5.-! !a tir' �{to M f..i.for —a t I" t o n poi.�'�t "1'�, �1 1 1Y t] C +� rT 7Tv • 7 t a s �J -I ids - r .- ci-y light with o ► e. r_l re--k ea m-�-a tat 11 m eve- • - AR-s g ri-og1-rcrh-fs 4'it'L r ivied- — re eacHn m e frasate er t as of- ad 1 !e r`h s i h1 g s f J ,r� p, CY n �-� y r-+ a F i r f n dl i n r� i r-� r a f�-��--C�'/-r��'� a'`�`M`Ii Tt$� �'f T- �Y fttl t��reri--uu'� �1'�`T�'�'- �•� �T-'�7-� ��t"T�' � -i'•tJ'1'T�C� �-r�-�x-rr-d�r-rtr'�-�r5�rt-Ti-'YI-iza abou -t-s- onstri rction st ri l r�l t r-,,r, i t s� h-ic-h-- t-i o a c asonry---su ►far > - c ct bc e--ar �r�� .s�i--��+arr o-t sr-perm --r+ l-ti if _ ' _ - n�r-er g- n att r� o - i sign lu4 - sig• ns n d , i a 1 r y-srign4hatis-a- parteefi-ec-a-t-tae-ked--te7-art-awn-kcpcj-canopy or-other 6 pr-ot t4a -c - e r a do - trance-w- nc servicear-a- � � � � �� •� fir, � �� " ` � .� � �.� �, + r , � ' ' , } CHA N EA B �O`� t:_ -si� o r. prti ►�+ i r,,n t H, a r•eef-wl -erna•' �r- - terser i l l u stra - r age o r-reared- it h,o r 1 F a Itry r i n rr the �-- i-M a 1 tr iF ,gym, r�f ! 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"Inesavi e or-other corricRercia l-arc ' ?malty P� � �`f� � J � � - '� ��:r �nre o --nrtl�n i.�, lrrto i _ tl�:�ir' natr tr•n � 11sr�s Li 'ITT.. !G N A—s j e!}. 3 _ !: . i �; i r e,(�jj �r r .. � � �-:� tiisLrl -'�- J 1 �i'a"Gi"r�C'� f�A��l � �'�7T�� 0�rT _ _� �p /^� p'y'y r� p� decay cesu or- lac kJLo —T-G-7�ain-te" n TS,nce I n rrr r r-a f gal ,• ; b 1 n ,� p r'fl w n e r ` ioci rtn r7rr1 rter ti,lr d-by--t e e-ss ' i t�'ztr�.t Fi Planav Iranrnem-oc- I- ' ' ubdian4Thit Derto R `nt -- h- ! r i+i Fnd#i l l may utr"Yel1 I.r`l -fie � es of the businesses in t e dev .loYan the iL].velopFrT'inn t i1 mfg — Fis _ - br- bann '•' } rr#i r� r~t c r, r5t a i# '_- + F ;-pat-te Sr ' �-- a 1ted � � "1e T i _I tc�.r-1 �t� ta Stat - �''' ��►.>� frti r�i ry rs � �t n r�r1 n h , _ 0 � t� n� a�r i�F�t_ f hl I I r� i�t �( � t�,t� I a n a r�i r�ra to r�l he--he nr r , aIv i� rn—ati c r e t--he ' rr-rrted S- a t e s -anl l'--' I er-f 1 gig a ti ve�� ' tea t-j urfl � ri r 1� dl I t►A t f'1 aGco r4i '@' 'Ir'M.''i't'ih p-FotoGoVes eal lied-States-le r the-Star-s-ard-atripe. n y-one ( 1 ) .�- � �r'tirtir�liti�;r, � � F, 1 I�,� �� r, � - � rar^Y � h � II F-� i. •t fr, �� or-me - `s -1 • i t eceidL _ bane r sign-a -- '-sub o r ti>r �ir ac c1 r�rvhr . �S T t�I •Irh ►DING GAL-Pk -sign 1 apect " 'strs .'-,r- r- s i r o r-t-s--that a-re ply , fie Sand-that-ace-independent-4a Iny kuilding r- other str tur _-- s-net _nd biIIk oards - aff-si# -ireciior l S ¢rti � TI P tom+ i a nta ns - Ie-tere sar,1 a , f ►l 1 �' r PSAI i� n , eneralty-i-r�# ti that has-=- se-secondary-to r.Tom. -r�ri` -r-r- a , ' .! i tin ' ' Ni . aRd--o -&i ilar direct' wr h �_�1"1 t1"Y°i rr5 r', r r'� i -� I r'r`ti n� . it s Sri e-4e �- r si t o'n- th G et-en- �''�?..�51 � r.,the t≤ iated b r', i d e r e,d incAden >7 FO B 9 P h Jf i ` ILL �. r� i fi7 rll ,GT 4 c ee n t r-ti k'i e r, r�i f rn f t�'. i ;I`�ors n tit to a-pro-''a''-{-sI - e qu ire 4 - , WaS4aAA4U 11 i a - t+ of-t-s- - S - _ /ON -ins-s-u 1-gal .,- -ot se--u pon-w -I i c h the d-s s^, -a f i t'i o n c I e i i s e d are-tacnated, - • t r A rhr rhowtype o f r-o dter-- .evil! s ar-fanctieRs-whicti-may- - t ,e . a I -=-relate-- I-y4 -- rvi 6s=or p r - -- r s , #able-fo the as r, staurants , Iorinn rat r � - ' . end ayaila i 1n rira € ( `l 1. iI of _ - - Irr�r-rte:� �}rr�'r�,---a . P.� � 7T. ' - � r i.r� r�r r',t F� � r rvi nt� r ,r, I. I � , F^► I°lrr, �.r - : t g�ig-h , : I�+c, b e ar ,-she - r-rat- nta +� -a--rne age of ar�r�-l1n d; ��• , rte_ ri h r e44rorm -rt rr L 1 7n serf 4n-n4- ThabirierAL po1 a-I d-ver s44g -se-at-pS r -a nelection . P permanently a uefl- -ca d -o .rr nt-st-ruGt ire , or Tg-n � ir�l n �,� +rte, I�� - _ - e t a ut--rte l irno+mss rr s_e hee 'v d--to A--orTframe 7r r - nr71 sa nd _ifla -baIIoons' user as-signs. u-mbrel -u er1 fr-, r a vecti 6437 ns- at clhed ais a r k ed-- a a i€1ble-from---t-he- pt-k -I -wr u n - + eh4c e--is used-regutadNi-Grustemair-1444-4-14e-normal-clerations-aftheatsitcbess- Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 173 of 246 �► ��► �-� r r - d-- � HHisular to, or at an-angle-to a building . or wall in s u h a manner that-sits-leading-edge et -su buiIctn =vr i nsidere a of . u-i Ii i-n =sir . REAL ESTATE PROMOTION SIGN: A temporary sign , located o re-rn-ices-and-eftpremises ,_that identities dd elffing-s or other structures under construction or to be-sonstruoted . -T-his is-- -type of-tempo-racy-sign that can oche wise -exceed temporary sign—standards as indicated in Appendix 23 - D ,. On -premises--signs aev+erti-sin-g sun division - -con-structi-on shall not be displayed after all Lots or dwellings in the subdivision have been sold . Off e misesasign isp-layed prior to tie to o f effici -recce rding of the subdivision , an fl-- Hemcvedd - • -o it at the issuance of the first building permit in the project-or-within- girt-y-(- 0)--t - .-fro-Lth stun s ecs4y five - per t r-- llin9 in the subdivision have- been -sold--which—ever---time period is east. Signs advertising site construction may be displayed during the period-of-construction and -I-i-be removed upon issuance- of a oertifi to Gf-occupancy or fi rai i soeotion , whichever occurs first. R SIDEN y sign located in a district zoned for residential uses that contains no commercial menage except advertising-tip erns r v •_ ,‘ = his Code _ ROOF SIGN: Any sign erected and constructed who ly on and over the roof of a building, supported-by-the roof stru u-re -and-- .eaten i-ng-verticaIiy- above-the- highest portion -of the - roof, Surfaces with slopes less than sevehrty-five. peFoent (75% ) from horizontal shall be considered to oe roof surfaces : a .... I I -p t�.�'d►�r �r# °��, - tirnir, rr-rr+� # � • . _ �- � _ � r'- ir��,f��e�_ iri�nr_r�r�r��i�►�,� +� -pu se-of or identify-the purpose of-a- person-o-r-en-tit-y , r t � any kind to-the -pblic'r SUSPENDED 1GM A sign that is suspended from the -underside of a horizontal plane surface and is supported. by such-surface . Corer-+ed-a- -pe of building sign . TE POR : Construction signs huc- rr-i actors- working on-a,project on the site and "for -I "ac "for—--signs—indicating—that the property or residence is for sale or rent. Con truction-igns , "for sa &" and "for rent" sign must be- removed upon complotion of tic oro. oct cr A- the +.' e +eper ,,r s sold or rented .- WALL SIGN: Any si or but within sip (6) +new of, nano a-In, painted on the wall surface of or erected-and confined wit inn the licaits-ofan o "+sid wail of any building or structure which is suppo ed-b- sueh-- -I building or structure, and which displays only one ( 1 ) sign surface _ onside d-- - -p! f WINDOW SIGN: Any-sign , picture „ symbol or conbinatio hereof, designed-to comnut=ioate -ifli-ate an=a i ty, business=-oommedity, event, sale or se e at is-place,d-insidena 1naow or-upon the wi idow panes o.r- g'a s s a rid--ins- visible—from—t e-exterior-of-the-win- -in dow ZONE LOT A parcel or parcels of land rn---s-ip- wit--ownership-- it� _r � i ses r •rt ted withir the same str-ue re Sec . 234-80 . - Sign construction standards . A. All letters , figures , characters or representations maintained in conjunction with . attached to or superimposed' upon any sign SIGN •shall be safely and securely built or attached to the sag SIGN structure . B . Any operable or removable parts of a sign SIN , 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 . Signs shall be adequately constructed to prevent potential hazards to the public . D . All permanent signs SIGNS and sign( SIGN structures shall be designed and constructed to comply with the Building Code set forth in Chapter 29 of this ' ode , All electrically illuminated signsSIGNS shall be designed and constructed to conform with the Electrical Code set forth in Chapter 29 of this Code! All signs SIGNS and sign SIGN structures shall also be designed and constructed to comply wwuth the design requirements set forth in this Code . Sec . 23 -4-90 . lir Design plans for signs requiring zoning approval . The owner, or applicant as agent for the owner, shall prepare a set of Sige SIGN plans for all exterior signs SIGNS in any development. Such plans shall be included as part of any Site Plan Review, Use by Special Review Permit, Planned Unit Deve&bpment and Major or Minor Subdivision . Theme SIGN type , size , height , colors , materials, styles of lettering , appearance of any logo , type of illumination and location shall be set out in such plans. The plans_shall be such that signs SIGNS constructed or maintained under the plans will comply with the sign SIGN regulations of the County and shall be for the purpose of assuring harmony and visual quality throughout a project_ Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 174 of 246 Final development plans shall not be approved until the eign SIGN plans have been approved by the Board of County Commissioners or planning staff, All signs SIGNS shall be designed and constructed of materials which harmonize with the architecture of the site on which the sign SIGN is located. Generally, the use of sign SIGN materials the same as , or similar to , the main building materials used on site shall be found to provide the required level of design harmony . Sec . 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 ejge SIGN shall not be altered structurally or moved unless it is made to comply with the provisions of these regulations, The changing of the movable parts of an existing sign SIGN that is designed for such changes , or the repainting or reposting of display matter shall not be deemed a structural alteration . E " The laveul use of a sign SIGN existing on April 10 , 2006 ,, the effective date of the repeal and reenactment of this Division , although such sign SIGN does not conform to the provisions hereof, may continue; however, if such n0neoe 0rmin use_NONCONFORMING USE is discontinued for a period of six (6 ) months or more; such sign SIGN shall not be used until it has been made to conform with the provisions of this Division . C . Any sign SIGN. which has been damaged by fire , wind , explosion or act of God , to the extent that fifty percent ( 50% ) or more of the construction value or replacement cost of the spier SIGN before it was damaged , shall be deemed to have been totally destroyed and theme SIGN shall not be restored except in conformity with this Division , Any 64A SIGN which has been damaged to an extent less than fifty percent (50 % ) of the construction value or replacement cost of the sign SIGN before it was darnagec may be restored to the condition in which it existed previously as a nonconforming use NONCONFORMING USE prior to its damage . Sec . 234410 . - Computations of sign area and height. A. Computations of area of wall signs WALL SIGNS and single-faced signs SIGNS . The area of a elan SIGN Bice shall be computed by means of the smallest square , circle , rectangle , triangle or combination thereof, that wiril encompass the extreme limits of the writing . representation , emblem orother display , together with any material or color forming an integral part of the background of the display or used to differentiate the sign SIGN from the backdrop or structure against which it is placed , but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets Weld County Code regulations and is clearly incidental to the display itself. e B . Computation of area of multi-faced signs SIGNS . The sign SIGN area for a sign SIGN with more than one ( 1 ) face shall be computed by adding together the area of all sign SIGN faces visible from any one CO point When two (2 ) identical sign SIGN faces are placed back to back , so that both faces cannot be viewed from any point at the same time , and when such evg-n SIGN faces are part of the same sign I N structure and are not more than twenty-four ( 24 ) inches apart, the sign- 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 si-g-ri 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 . Sec. 23 -4- 120 . - Requirements for setback, offset and clearance . A. �� t� rr ru '�rti rr � ry n � The offsets for a l temporary and FREESTANDING TANDIN SIGNS from adjacent properties shall be ten ( 10 ) feet_ fR , The offset for f 3g3 .FLAGS sl ia! r be ten < 10 ) fee't., or the height of the pole, whichever is greater . LeI . C . The setback for biUboards BILLBOARDS and off-site-dicectiona s-igns OFF-SITE DIRECTIONAL SIGNS in the Commercial and Industrial Zone Districts shall be twenty -five ( 25 ) feet from the current or future road right of-- way STREET/ROAD RIGHT-OF-WAY , whichever is greater, The setback for all other fre t . di . FREESTANDING SIGNS in the Commercial and Industrial Zone Districts shall be fifteen ( 15) feet from the current or future Fehactriget-of way STREET/ROAD RIGHT-OF-WAY , whichever is greater a The setback for sht ectionall signs OFF-SITE DIRECTIONAL SIGNS in the Agricultural Zone District shall be twenty-free (25) feet from the current or future Feat right of way STREET/ROAD RIGHT-OF-WAY, whichever Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 175 o₹ 246 is greater. The setback for all other freestanding sign-s FREESTANDING SIGNS in the Agricultural Zone District shall be three (3) feet, or one (1 ) foot for every three ( 3 ) feet of sign 5IGN height, whichever is greater . E . The setback for all freestranding-signs FREESTANDING SIGN in Estate and Residential Zone Districts shall be twenty ( 20 ) feet. Fr Signs projecting over a driveway shall be mounted at least fourteen ( 14 ) feet above the surface of the drive rray . G . Signs projecting over a walkway shall be mounted at least nine ( 9) feet above the surface of the walkway. Division 3 - Mobile Homes and Manufactured homes , manufactured structures , and occupied recreational vehicles . Sec . 23 -4 - 1304 - 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 . No nO.BI LE HOr - IMANae-LURED TR-U ► E may-be boated or relocated in the County after August_2- ,_19-81 , except-in-accordance with-this-Division , inciuciing the issuance of any zoning permit which may be requi-r *th • e on Eac4a MQ-B-I-L OME /r�� UF- !!RED TRU TUR cated or relocated 1J"-I 9 il�[s"��YTr'fT T in the Cow'--after said date must have a BUILDING permit 'or a MOBILE OV E/VAI . IFA TR D-S-TRUCTI 1-RE issued pursuant to--Chapter 29 of this Code _ An application for any zoning permit for a MANUFACTURED HOME ,. MANUFACTURED STRUCTURE , or occupied RECREATIONAL VEHICLE MOBILE HOME/MANUFACTURED STRUCTURE rave- 4 -= - 1 shall include the following : A. Name , address and telephone number of the applicant . B _ Name, address and telephone number of the owner of the land if different from Subsection A above. C . Evidence of interest in the subject land held by the applicant if the applicant is not the owner of the land . D . A legal description of the property for which the application is made. E . Number of acres of the property. F . A sketch plan of the site at the scale of one ( 1 ) inch represents fifty ( 50) feet or other suitable scale to show 1 . The proposed location of the HOME/ V ANU =ACT ED SaaRLeCTLRE MANUFACTURED HOME , MANUFACTURED STRUCTURE , or occupied RECRFATIONAL VEHICLE,LE, including distances from the property LOT lines and other STRUCTURES on the property,. 2. Access to the MOBILE HOWENANUFA -TURED STRUCTURE MANUFACTURED HOME . MANUFACTURED STRUCTURE , or occupied RECREATIONAL VEHICLE indicating whether the access is existing or proposed . 3. Location and measurements of any easements or riights-of=way . 4 . Amount of roac frontages. An access is or can be made available thatmo +i es forsafe 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 COUNTY, state or federal roads STREETS/ ROADS STREETS/ ROADS or highways. 6. Existing STRUCTURES on the property , G . Methods of disposal of sewage or other wastes in compliance with the requirements of the Cobrado Department of Public Health and Environment and the County Department of Public Health and Environment, except for applications for TEMPORARY storage of a MOBILE HOME- IN U--F - T-URED STRUCTURE MANUFACTURED HOME under Section 23 -4-160 below, H . Methods of supplying water in such a manner as to be adequate in quality , quantity and dependability for the proposed use , except for applications, for TEMPORARY storage of a NI-0-61-LE HO-ME/MANUFACTURED -TRUCTURE 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 Chapter 23 — Zoning code updates 3019 DRAFT Page 176 of 246 cost of the application fee if the USE is started prior to issuance of apermit. The payment of the investigation fee shall not relieve any persons from fuller' complying with the requirements of this Chapter , nor from any other penalties . J . The requirements of this Division 3 € LF H -- - ilitAN-UF T RED STRUCTURE-7 STRUCTURE-7 require the applicant to provide a certified list of the names , addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred ( 500 ) feet of the property lines of the parcel to where the o 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 lint was assembled from the records of the County isissessor , the applicant shall certify that such list was assembled within thirty ( 30 ) days of the application submission date . K. (Repealed ) NoteWises of least thi s-- ent ( 303 ) of surrounding surcounding property owners within five hurfct -srubject-property in opposition, to tie location of-the MOBILE HOr E/MA UFACTUREO STRUCTURE. L . Completed Building Permit application for a MosiLE HOME . M . Each request for a TEMPORARY permit shall include a statement by the applicant acknowledging that the TEMPORARY permit shall cease to exist at any such time as the MOBILE OME/MANUF CTU STRUCTURE MANUFACTURED HOME . MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE is used for otherthan the permitted USE , or expire at the end of the initial or extended term of the permit for TEMPORARY storage of the MOBILE MANUFACTURED HOME . Such application shall inciude detailed plans for removal of the MOB-ILEFIGNE/MANUFACTURED STRUCTURE MANUFACTURED HOME or MANUFACTURED STRUCTURE upon expiration of the TEMPORARY permit. Sec . 3 -.4440 . (Bepealed . ) MMi BILE - z MANU-FACTURE STRUCTURES-are at Zo District for the USES below in Sections. 2 , 23_4=r7o , 23-4- 18-0 , 23-4-1410-1-2-3-4-200—and 2-3-4-220 , upon the • - _ ing or BUILD-EN _ " - ;pec d MOBILE LE H u E&MANUFA TLJRED STRUCTURES shall rte r r i rs r� ref ' "` r ti, �, r 1 r�f , tr-- yr ': Upon deterrngnatior of p;a -r-r-e . tt ,' ` he applicant and/o-r OWFICF .40 say successor; the zoning pee �r�� ri s � J t r i to NU T 7 E r and approved Sec . 23 -4- 150 . Temporary use during constr , ittion of residence . A zoning permit for the USE of a MORE 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 foliowing provisions : A. The applicant must shall have a valid building permit for the construction of a permanent DWELLING UNIT on the same LOT., B . Construction of the permanent DWELLING UNIT snail commence within ninety (90 ) days of issuance of the TEMPORARY zoning permit for the MOBILE MANUFACTURED HOME or RECREATIONAL VEHICLE and shall be diligently pursued .C . The applicant must shall demonstrate that adequate water and sewage disposal facilities are available . Dr The TEMPORARY permit for occupancy of the MOBILE MANUFACTURED HOly E 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 perrrnit for MOBIL 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 imay be available or which the staff may reasonably require Chapter 2 - Zoning code updates 3/6/19 DRAFT Page 177 of 246 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 ( 1 0 ) 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 jurisdictiona 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 MQ-BitleE 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 ( 10 ) ca.ys 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 nave delayed completion of constructiore requiring the extension . In addition , the Board of County Commissioners shall consider compatibility of the MOBILE MANUFACTURED HOME or occupied RECREATIONAL VEHICLE with the surrounding area ,. harmony with the character of the NEIGHBORHOOD , its effects upon the immediate area and the general health , safety and welfare of the inhabitants of the area and the COUNTY. G . MOSULE MANUFACTURED HOMES permitted as a TEMPORARY USE during construction of a permanent DWELLING shall be removed within thirty ( 30 ) days after the permanent DWELLING has been occupied . H . A MANUFACTURED HOME permitted as a TEMPORARY USE during construction of a permanent DWELLING shall not have a permanent foundation . Sec . 2341 '460. Temporary storage of mobile unoccupied manufactured homes. A zoning perrimit ivi the THAPORARY temp•ora storage of on a qtr- ►=t l unoccupied ivi o ul- aa u urctu HOME, not including the storage of goods inside the UNIT, on a LOT in the A (Agricultural ) Zone DistrictP may be issued by the Department of Planning Services subject to the following provisions: A . The applicant must shall obtain a building permit for a MOBILOland must shall comply with all applicable installation standards of Chapter 29 of this Code ;: ', . (e to M-0Ei4E HOMES; provided , however, that no 11�1'I1 ►A EinY'1Ln Ir ic• fn tFin' r Af PJ 1 '[x;11 A MI Ic trial IC? Cn wrs G cif � rrkt Ftir,-1 urirwit i ern " oc nEir . 01 crfair`ri ctkrmII kin cilntYr,ori LA la F%.y i 11.41 W 1 it!1.d i...' n.1 L%.•1 41 1 6.. I W I 'sr" I.J 1 FY I! 111 %11 Jl N%., A ti..' I % 1� .�'1 I rear Y f V %d I 6d 1 1 7 t Y f 1 95 1 9 4.d 6a 1 1 9 %nirvanas a X o k!4. l i l t ,, all-CAIN lurk.,. Cal 114,,,J'1141 la i,.d : B , Inc MOBILE MANUFACTURED HOME may not be used on any basis as a DWELLING or as overnight or TEMPORARY housing for any person . C . The applicant must shall demonstrate that no reasonable alternative exists to the TEMPORARY temporary storage of the MOBILE MANUFACTURED HOME on the land involved . Ds Only one ( 1 ) zoning permit for d_ 5MMMPOMRY temporary storage of a rvICBLE MANUFACTURED HOVE 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 temporary storage of a MOBILE IMI N1 U FA TUREHOME on the basis of a signed statement by the applicant that the conditions of Subsections A through D above are met, upon information contained in the permit application , and upon such independent evidence as may be available or which the staff may reasonably require . F . A zoning permit for TEMPORARY RY temparacit storage of a MOBILE MANUFACTURED HOME shah be for a period of six ( 6 ) months , and is renewable for additional six-month periods only by grant of the Board of County Commissioners . G . The Board of County Commissioners shall hear the application for renewal of a zoning permit for TEMPORARY temperary storage of a LE MANUFACTURED HOME at a regularly scheduled meeting of the Board . The Board of County Commissioners shalt 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 , _ _ _ Y ' _ _ Such Y_ i � . � � 1 s G Y and � � � i a meeting . Such notice is not required by state statute 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 Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 178 of 246 such error results in the failure of a surrounding property owner to receive such notification . The Department of Planning Services shah post a sign for the applicant on the property in question indicating that a ;fir - MANUFACTURED HOME has been requested for the property, the meeting date and a telephone number where further information may be obtained , The sign shall be posted at least ten ( 10) days prior to the meeting date and evidenced with a photograph . The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MOBILE MANUFACTURED HOME on surrounding property. The Board of County Commissioners shall also consider whether the application has demonstrated compliance with the requrrernents of Subsections A through D above , as well as compatibility of the MOBILE MANUFACTURED HOME with the surrounding area , harmony with the character of the NEIGHBORHOOD , its effects upon the immediate area and the general health , safety and welfare of the inhabitants of the area and the COUNTY. H A MANUFACTURED HOME permitted to be stored TEMPORARILY shall not have a permanent foundation _ Sec . 23 -4 - 165 . - Repealed . Sec . 3-4- 17D. - Temporary Annual accessory farming use . A. A zoning permit for the TEMPORARY annual use USE of one ( 1 ) MOBILE MANUFACTURED HOME for an ACCESSORY FARMING USE , on a It LOT in the A (Agricultural ) Zone District , in addition to a principle dwelling 6441-DWELLING 6441-DWELLING UNIT, may be issued by the Department of Planning Services upon determination that 1 . The MOBILE MANUFACTURED HOME will be occupied by persons principally employed PRINCIPALLY EMPLOYED at or - i PRINCIPALLY ENGAGED un the operation of the FUSE where the MOBILE VANI UFAcTURED HOME is located _ ACCESSORY far-re FARIAI' I NG USE of the MOBILE LE MANUFACTURED HOME shall be estabrished 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 MOBILE MANUFACTURED HOME occupant rs principally employed PRINCIPALLY EMPLOYED at or engaged in the farming FARMIN operation on the subject property or is a caretakerpersonnel forthe subrect 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 MOBILE MANUFACTURED HOME for TEMPORARY RARY annual ACCESSORY farm FARMING USE . 2 . The MOBILE MANUFACTURED HOME is necessary for the effective and economic operation of the USE and/or protection of the agricultural USE _. 3. The MOSILE MANUFACTURED HOME will not be used as an income source by the applicant for rental to persons who are not principal y--end PRINCIPALLY EMPLOYED upon the LOT . 4. Adequate water and sewage disposal facilities are available to the -Bil MANUFACTURED HOME . (Repealed . ) MOBILE HOME is not the first DWELLING UNIT on th an -o to th MOBILE HOVE will be the ' rT on- a-parcel of , the MOBILE 1-i0ME request shal follow the app icatier -preisectures under the- previsions of Section 23 200 below : 6 . The applicant must shall obtain a BLit LDI Nc permit for the BILE MANUFACTURED HOME and comply with all installation standards of Chapter 29 of this Code . B. The Department of Planning Services shall make its determination on the basis of a signed statement by the applicant that the conditnons of Parac raphs A . 1 through A . 6 above are met, upon information contained in the permit applications and upon independent evidence as may be available Cr which the staff may reasonably require . C . A zoning permit for more than one ( 1 ) MOBILE 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 AM 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) chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 179 of 246 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 rot ,required by state statute and is provided as a courtesy to surrounding property owners (th.e 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 jurisdictionaldefect 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 VORLLE MANUFACTURED HOME has been requested for the property, the meeting date and telephone number where further information may be obtained , The sign shall be posted at least ten ( 10) days prior to the meeting date and evidenced with a photograph . The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MOBILE MANUFACTURED ED HOME on the surrounding properties _ an addition , the Board shall consider compatibility of the MOBILE MANUFACTURED HOME with the surrounding area , harmony with, the character of the NEIGHBORHOOD , its effects upon the immediate area , and the general health , safety and welfare of the inhabitants of the area and the COUNTY. D . All l tL MANUFACTURED HOWES as ACCESSORY farm FARMING USES are TEMPO—RA TEMPO-RAIR4 temporary . Allowance of the MOBILE MANUFACTURED HOME shall be extended only if the USE continues to be in conformance with the criteria set out in Paragraph AA above _ The MOBILE MANUFACTURED HOME shall be removed from the property upon the cessation of the USE of the mositE MANUFACTURED HOME as an ACCESSORY farm FARM NG USE or at any such time as the M- l- E 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 . Sec . 23 -4,480 . Temporary Annual accessory use during medical hardship . A . A zoning permit for the TEMPORARY annual use USE of a MOBILE MANUFACTURED HOVE during a medical hardship on a let LOT in the A (Agricultural ) Zone District, in addition to the principal dwelling---unit . D 'ELLI NG 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 MOBILE MANUFACTURED HOME requires the supervision and care of those persons residing in the principal DWELLING UNIT on the property ( or the reverse ) . Documentation of the medical hardship shall be established in a letter from the subjects medical doctor or other evidence deemed suitable by the Department of Planning Services. The letter shall be submitted as a part of the zoning permit application and shall verify that the subject is physically impaired and requires full-time care.. 2 There is no reasonable alternative available to the applicant for the care of a person who needs medical supervision . 3 . Adequate water and sewage disposal facilities are available to the MOBILE MANUFACTURED HOM E . B. A M081-L-E 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 lithe applicant is not able to meet the criteria stated in Section 23-4-230 below , the Board of County Commissioners shall review the application for compliance with the criteria set out in Paragraphs A . 1 through A . 3 above at a regularly scheduled meeting of the Board . The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration . Such notification shall be mailed , first-class , not less than ten ( 10) days before the scheduled meeting . Such notice is not required by state statute and is provided as a courtesy to surrounding property owners ( the surface estate) , Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process.; even if such error results in the failure of a surrounding property owner to receive such notification _ The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOSILE MANUFACTURED HOME has been requested for the property , the meeting date and telephone number where further information may be obtained . The sign shall be posted at least ten ( 10 ) days prior to the meeting date and evidenced with a photograph . The Board of county Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MOBILE MANUFACTURED HOME on the surrounding properties . In addition , the Board shall consider compatibility of the MOBILE MANUFACTURED HOME with the surrounding area , harmony with the character of the NEIGHBORHOOD , its effects upon the immediate area , and the general health , safety and welfare of the inhabitants of the area and the COUNTY. Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 180 of 246 C . All zoning permits for MOBIL MANUFACTURED HOMES during a medical hardship are 4-ENIPORA'RY temporary . Such permits shall be subject to review arunuafy 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 MOBI-LE MANUFACTURED HOME shall be removed upon cessation of the medical hardship or at any such time as the MOBILE MANUFACTURED HOME is used for other than the permitted USE. Sec . 234-190 . - Temporary accessory use as office.. ,. A zoning permit: for the USE of one ( 1 ) MANUFACTURED TURED TRU TU E in the A (Agricultural ) Zone District as an OFFICE USEIGONSTRUCTION TRAILER accessory ACCESSORY to the USE allowed by right may be permitted upon a determination by the Department of Planning Services that : 1 . The MANUFACTURED STRUCTURE is necessary for the effective and economic operation of the principal USE . 2 , The MANUFACTURED STRUCTURE will not be used for residential purposes. 3 . Adequate water and sewage disposal facilities can be made available to the MANUFACTURED STRUCTURE . 4 . No reasonable alternative is available to the applicant for an OFFICE USE � , �- TRAILER . 5 . The applicant Est 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 Site -PI,an-nevi-e-w ar Special Use Permit* as determined by the Ala nner, B . The Department of Planning Services shall make its determination on the basis of a signed statement by the applicant that the conditions of Paragraphs A l through A. 5 above are met, upon information contained in the application , and upon independent evidence as may be available or which the staff may reasonably require . C . A zoning permit for a MANUFACTURED STRUCTURE used as an accessory OFFICE/ O TRUCTtON TRAI-L unit in the A (Agricultural) Zone District may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs An1 through A5 above and Section 23-4-230 below are met , if the applicant is not able to meet the criteria stated in Paragraphs A. 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 TRUCTU E has been requested for the property , the meeting date and telephone number where further information may be obtained ... The sign shall be posted at least ten ( 10) days prior to the meeting date and evidenced With a photograph . The Board 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. AU MANUFACTURED STRUCTURES used as ACCESSORY OFFICE USE _ TL N -TRAILER ILER to the principal USE in the A (Agricultural) Zone District are TEMPORARY-and sE bjec requirements for MOBILE -HOMES as stated—in , r le--ttlp-Division 3 , and Article Iii , Div+sio l- of--this Chap c. The MANUFACTURED STRUCTURE shall be removed from the property upon the cessation of the USE of the MANUFACTURED STRUCTURE TURE as an ACCESSORY OFFICE USE/'GO—Mr—S——RUCTION TRAILER to the business., commercial COMMERCIAL or industrial activity. The six-month limitation for this TEMPORARY use Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 181 of 246 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 Derrnitted as a TEMPORARY QFF ' CE shall not have a permanent foundation . Sec. 3.4-200 . - Principal dwelling unit: ( Repealed . ) g-pemii e use of a MOBILE HOME as a principal DWELL ' -)-Zone artment of Planning Sere-ices if :he app 'cation Paragraphs Al througti A. 4 below and Secti n2 -- Gof this Division . A. T-# -fin-. rd of County or rni on€rs-a- -a-a-ppT a-ti•en- t-a- he Board , if the�a ► t e -t 4 er—i acecl in-Paragraphs 1 through 4 below a4:4-Eterontion 23 4 230 of this Division . The Board of County Commis-sioners shr_h-give notice of the appHca a zoningLpermit and the meeting_date to those:=persons lasted in the app on of property located within five hundred (iOU) feet ideration. &ICI notification shall be mail& first-cla � � � � � � 1 ,► tkaf-or notice is-nequiced--key state-statute and is-provided as a cam surroundine g--pr such list or the Department of Planning-Services in sending such notice shall not oreate-a÷ciseliotional deYedt in the per-mit eve - : - , rty �, r _ ► estio Inc c ting4 -t i !- meeting date and telephone-number -where_further int a L 0 days prior to the meeting-date and e4i• = . tiLners shall-consider any y testimony of surrounding property -canes concerning the effects of the MOBILE HOME on surrounding tampedy Commissioners s.h all--also -consider the following factors in rev dewing HOME as a principal DWELLING UN ! 1 . p tibility<-witi surround ng area , harmonywith-the--c4arac. r--Gf the El W-B RROOD and-its effects upon the immediate-area- . Compatibility with- riapter 22 of this Code: 3 . Ava ila ' • Y Y l 4. The general leatth , -safety and-welfare-of-the-inhabitants a- the area anc the O U N -Y = B--Ony ore ( 1 )-zoning perm - DWELLING UNIT shall be issued for—each—L———LOT—in the A. (Agricultural ) . No more -ACTU- E HOMES sVcally -attached as a DWELLING UN T . Ohl re uyenen,ts of- h-a-pter-2g of this-Code shag-be -met Sec . 234-210 . - Repealed . Sec . 234- 220 . in ManufaCture homes - a in C or I Zone District A . A inning permit for the NSF of one ( 1 ) CB -F MANUFACTURED HOME n nT ST-RLJCTURE when USED as living quarters far caretakers or security personnel responsible for maintaininrq or quardinq the propa may be permitted as an ACCESSORY USE to the principal USE in certain C ( Commercial ) or I ( Industrial ) Zone Districts as described in Article HI of this Chapter upon a determination by the Department of Planning Services that: 1 - The El-LE yW .NUFACTUREC H E l-WFA TURED STRUCTURE is necessary for the effective and economic operation of the business, COMMERCIAL or industrial activity .. The MOBILE MANUFACTURE [ HOME/MANUFACTURED—STRUCTURE HOME/MANUFACTUREDSTRUCTURE 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 MALE MANUFACTURED HOME/MANUFACTUREDR-U TURF , Chapter 23 — Zoning code updates 316/ 19 DRAFT Page 182 of 246 4. The applicant must shall obtain a BUILDING permit for the MOBILE MANUFACTURED HOME and comply with the installation standards of Chapter 29 of this Code . A zoning permit shaJi not be required for a OBthE MANUFACTURED HOME A -UFACTURED STRUCTURE in the Commercial or Industrial Zone Districts if such information is already reflected in an approved Site Plan Review or Special Use Permit , as determined by the Planner. B . The Department of Planning Services shall make its determination on the basis of a signed statement by the applicant that the requirements of this. Section Paragraphs .. , through A. 4 above are met , upon information contained in the application , and upon independent evidence as may be available or which the Qepartment of Planning Services staff may reasonably require . C . A zoning permit for mare than one < 1 ) MOBILE MAiNU FACTURE ° HOME/M 1 . 7AC T 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 th.roug h 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 shah post a sign for the appl'pcant on the property in question indicating that a MOBILE MANUFACTURED HOME/MANUFACTURED STRUCTURE has been requested for the property, the meeting date and telephone number where further information way be obtained . The sign shall be posted at least ten ( 10) days prior to the meeting date and evidenced with a photograph . The Board shall consider any testimony of surrounding property owners concerning the possible effects of the MOBILE MANUFACTURED ROME/MANUFACTURED STRUCTURE on surrounding properties . In addition , the Board shall consider co,mpatibil! ity of the MOBILE MANUFACTURED HOMEIMANU-F-AGTUR=ED STRUCTURE with the surrounding area , harmony with the character of the NEIGHBORHOOD , its effects upon the immediate area and the general health , safety and welfare of the inhabitants of the area and the COUNTY . D . All MOBILE MANUFACTURED HWI!E - • C -IE as ACCESSORY USES to the principal USE in C or I Zone Districts are TEMPORARY and subject to the standards requwements for .MOBILE ILE HOMES/MANUFACTURED STRUCTURES as stated .in Article Ill , Division 3 and or Article III, Division 4 of this Chapter. The MOB-I-LE MANUFACTURED HOME shah be removed from the property upon the cessation of the USE of the MOBILE MANUFACTURED HOME/MANUFACTURED STRUCTURE as an ACCESSORY USE to the business , commercialCOMMERCIAL or industrial activity . The s 7i T RARY use may be extended in six-month it ore -ad+ retion of t-h-e-D+rector of PIar .ning- Services up-to two f 2ftirnes , and thereafter by the Board of County-Commissioners . Sect 23 -4-230. - Delegation of authority . The Board of County Commissioners delegates the authority to issue a Zoning Permit for a ALE. HOME MANUFACTURED HOME , MANUFACTURED STRUCTURE, or occupied RECREATIONAL+ NAL VEHICLE which other wise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: A . The .applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made . B .. The Department of Planning Services has sent notice and not received signed notification of at least thirty percent ( 3O % ) of surrounding property owners within five hundred ( 500) feet of the subject property in opposition to the location of the MOBILE HOME MANUFACTURED HOE_ MANUFACTURED STRUCTURE ; or occupied RECREATIONAL VEHICLE. The petition shall indicate that the surrounding property owners who have signed the notification have objections to the issuance of a zoning permit for the flOBILE HOME MANUFACTURED HOI 1E., MANUFACTURED STRUCTURE , or occupied RECREA_,I I OVAL VEHICLE . Any notice not received within twenty-eight (2 8 ) days shall be deemed a positive response of said request. Chapter 23 - Zoning code updates 3/6119 DRAFT Page 183 of 245 C . If the Department of Planning Services denies the permit , the applicant may appeal in writin_q to the Director of Plannin _ Services within ten ( 1OYY_ dayra of receipt of the denial notice . A tearing 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 . a If the Department of Planning Services does receive signed notification that thirty percent ( 3D % ) or more of surrounding property owners within five hundred ( 5005 feet of the subject property are in opposition to the permit . the Board of County Commissioners shall review the application for compliance with the criteria set out in this Section at a regularly scheduled meeting of the Board 1 . The Department of Planning Services will notify the applicant , granting ten ( 10) business days to determine if he or she wants to proceed with the application . 2 . If the applicant notifies the Department of Planning Services of his or her desire to proceed with the application , the Department will request a hearing date and time from the Clerk to the Board and prepare a staff report, 3 . The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners ofproperty located within five hundred (5O0 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 I:the surface estate ), Inadvertent errors by the applicant in supplying such list or the Department of Planning ervices in sending such notice shall not create a jurisdictional detect_in _the permit process even if such error results in the failure of a surrounding_ property owner to receive such notification . 4 The Department of Planning Services shall post a sign for the applicant on the property in question indicating the request, the meeting date and a telephone number where further information may be obtaned . The sign shall be posted at least ten ( 10 days prior to the meting date and evidenced with a photograph . 5 . The Department of Planning Services saal) 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 Jeast ten x( 10) days prior_to the hearing . 6 . The Board of County _ ommissioners shall consider any testimony of surrounding _property_ owners concerning the effects of the SEMI -TRAILER as ACCESSORY storage on the surrounding Dro'jerties and its compliance with the criteria set out in this Section _ Division 4 Open Mining [ NO CHANGES ]. • r� a n a sa i .a . ■na ■ ■ ra .a■ sa ■a..ra sa a.a sa ■�■ sRegulations sa sV a f w �n■ s+. w sa for saw�w ■ a oat sa sa ■ra ., r ■.w - - ° s� id �.. ■ e ■ :t. s ■UrVtbiUIr ;� - Supple imenrtar y Reguuatrorr Certain Ub b ��u btaa --r uvivw Sec . 23 -4-350 . - Livestock confinement operations . A. ratiors ( LCOc > LIVESTOCK CONFINEMENT OPERATIONS shall be located at least fifty ( 50 ) feet from any state or federal highway r ght of way RIGHT-OF-WAY,H_T-of-Wr Y, subject to review by the Colorado Department of Transportation B. Manure shall be handled and disposed of in a sanitary manner, approved by the Department of Public Health and Environment C . Suitable chemical and scientific controls shall be provided for rodent and insect control . D . Concrete or other suitable aprons AJJAGE T adjacent. to the permanently affixed feed bunks , water tanks and feeding devices shall be provided . E . Adequate mechanical means for scraping, grading and cleaning of area shall be provided at all times ; and scraping , grading and cleaning of the area will be accomplished as approved by the Department of Public Health and Environment. F . Drainage facilities or improvements shall be constructed to protect any ADJACENT adcacent rivers , streams or other bodies of water from pollution , as approved by the Colorado Department of Public Health and Environment . Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 184 of 246 G _ Additional submittal requirements for a Use by peciall Review for a LIVESTOCK CONFINEMENT QPERATIO\ In addition to the a lication re uirements listed in Article II Division 3 . the thawing information shall oe submitted with the applicatncn for a LIVESTOCK CONFINEMENT OPERATION : 1 . Maximum number of ANIMAL UNITS and specifies to he associated with the LIVESTOCK CONFINEMENT OPERATION . Evidence that the facilit has been rye ,!stewed as a Concentrated Animal Feeding Qperatoi CCAFO. 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 housinc plan for em Dloe ( if necessary . 7 Evidence that ro osed wastewater impoundments will meet the re u iremen 'ts of the Colorado Water Qualit Control Commission Regulation Number 81 (5 CCR 1002-81 . i � cluding but not limited to: a . Setbacks to Water wet b . Separation from groundwater c . Impoundment liners meet seepace rate: and d . Impoundment wastewater storage capacity . Sec . 23 -4-360 . Fertilizer lizer 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 Storageof fertilizer shall not be permitted closer than fifty (50 ) feet to any PUBLIC right of-way RI HT-OFa- VAY or LOT line_ E. Rodents and insects shall be controlled in accordance with standards set by the Department of Public Health and Environment C . Upon termination of the permit , all fertilizer shall be removed. Sec. 23-4-370 . - Outdoor shooting ranges . A, A Special Review Ppermit to operate an outdoor shoet4ng range OUTDOOR SHOOTING RANGE, if approved , shall be conditioned on a requirement that every ten ( 10) years the safety of the desiign of the range shall be reviewed and changed , taking into account the history of the operation and changes in surrounding land uses USES, and the relevant provisions of Subsections B . 2 , _ 2 through C . 6 and 0 below_ Review of the safety plan sha1l-b - acc isl ec using the-Site-Plan Review process-and such changes-l-not-constitute a major-change from-the peoi-al- Seview Permit. The Department of Planning Services may waive the review if the surrounding property within one-half ( V≥) mile has not significantly changed since the recording date of the original application . The applicant shall provide evidence for this determination . The operato if-t) accept the staff determination-uL der the ate Plan Review tropes , may request-that the matt -card of o ty-= ommissi- ,nerr-s-which shall hear the matter --accordance with theprocedures for considering a Special Review Permit; -iaravicieweveirl that no fee shall be old -c-. E. Application for a Spectial Review Permit or Zoning Permit, as required in Article Ill of thi Chapter, to operate an OUTDOOR SHOOTING RANGE shall be accompanied by the folPowing information : 1 . Topography at two-foot intervals. 2. Plan of range with supporting data on safety factors The following minimum standards shall apply to all o -tcloor shooting rare OUTDOOR SHOOTING RANGE : 1 . .: epealedr ) Minimum: land recyuiremen- shall ll-be set by thee-Rlanntrng-- om+ i-ssion for cacti application . Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 185 of 246 2 . Shooting ranges shall , when possible , be locates to take advantage of natural terrain barriers. The entire range ( including danger area if range is not of the "Safety Ranger' type ) shall be fenced and warning signs posted every two hundred (200 ) feet. 3 . Line of fire shall be as nearly horizontal as is practicable and never below horizontal . Ranges may be constructed so that the firing point is below the target, provided that the gradient beeen the firing point and target does not exceed two percent (2% ) 4r The perimeter of the range she° be LANDSCAPED to provide natural noise barriers . The remainder of the range shall be planted and maintained with grass or other suitable ground cover. 5 ,., If the shooting range is used by more than four (4) individuals on a regular basis , shooting shall be supervised by a range officer or instructor qualified by the National Rifle Association , military service or other similar training , 6 . In addition to firing lines or fieldsD adequate space for danger areas , parking , equipment, storage building BUILDING , clubhouse and latrines shall be provided . 0 , Provisions for pistols small-bore and high caliber rifle ranges : 1 . "Safety Range" requirement. if the range is constructed in an urbanized area, when area is developed , or. when natural terrain does not offer adequate protection , overhead safety baffles may be required . . Firing points shall be four (4 ) to five ( 5 ) feet apart for shooting distances up to two hundred ( 200) yards . , Rifle or pistol ranges shaft not be permitted without bullet stops . Natural or artificial bullet stops shall be provided . a . Natural bullet stops. Only slopes of hills shall be used for natural bullet stops., The crest of the hill used for a bullet stop shah be at least thirty ( O) feet above the level of the firing pint for a one hundred - yard ranee . An additional ten ( 10 ) feet of hill shall be provided for each additional one hundred OM M B yards of range.. The slope of the hail shall not be less than two (2 ) to one ( 1 ) . A vertical cut shall be taken out of the face of the hillside used for a backstop to provide a nearly perpendicular face to catch bullets ant prevent ricochets . b .. Artificial bullet stops . For u p to a three-hundred -yard range , an earth embankment at least twenty-five ( 25 ) feet in height, well sodded to retain a slope of thirty-five (35 ) degrees from perpendicular and topped by an earth -filled timber barricade at least fifteen < 15 ) feet high , shall be provided . Stones shall be removed from the face of the embankment to a depth of eighteen ( 18 ) inches. For each additional one hundred ( 100) yards of range , ten ( 10 ) feet in overall height of the bullet stop shall be added . The bullet stop shall extend approximately one hundred sixty ( 160 ) feet beyond the ends of the target line for high-caliber ranges; and twenty- five ( 2 5 ) feet for small -bore rifle and pistol ranges . E Provisions for trap and skeet fields. 1 . A danger zone of one hundred ( 100 ) yards by teree hundred ( 300 ) yards shall be provided for trap fields . 2. A danger zone of three hundred ( 300 ) yards by six hundred (600) yards sha I be provided for skeet fields . 3_ Trap and skeet fields may be combined (traps layout superimposed on skeet field ) where a danger zone of three hundred ( 300 ) yards by six hundred (600 ) yards shall be required . 4. , Repealed _ ) The trap field layout mall-nee the requirements of mecican to sso.c atio: . 5 . ( Repealed . ) The skeet field layout-shall-meet the requicernen- - f-the=. beet heatip soci -ion: Set. 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 VII ' of Chapter 12 , the Colorado Revised Statutes, and the Code iof Colorado Regulations shall not be deemed approved until or unless a Use by Special Review Permit has been approved by thiePlaneint-Getramilersieweate the Board of county Commissioners where required by this Chapter. The Board shall be guided in its review of a certificate of designation by state statute and regulations contained in the Colorado Revised Statutes and Code of Colorado Regulations, as amended . B . Applicants for activities reviewed pursuant to article nl 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 Chapter 23 _ Zoning code updates 3/6/ 19 DRAFT a of246 for the facility within the proposed area of service , and the -n-i• --Gem- ►-fission---and Board at County Commissioners shall be satisfied that a need exists as part of the determinations for any such permit. Sec . 23 -4490 . e Sewage systems . Applicants for site approval of sewage systems, pumping stations , sludge dnjing beds, treatment piarts and lagoons shall submit copies of the information supplied to the Colorado Department of Health . Sec . 23 -4-400 . Kennels . A. Manure shah be handled and disposed of in a sanitary manner approved by the Department of Public Health and Environment B . Suitable chemical and scientific controls shall be provided for rodent and insect control . C . Drainage facilities or improvements shall be constructed to protect any ADJACENT adjacent rivers , streams or other bodies of water.. Sec . 23 -4 -410 . - Drive-in theaters . ( Repealedj The Planning Cornr issi rt, and Board of county- omm-issioners sh -consi e €o lowing criteria-in-making th ete-rmination in app-roving--o4-4e 3ng-a- e eew Perris or a DRIVE- IN THEATER in add ton o-these cr,r4eria enL rnerrec, i ec: ons 23. 2 -2-2- A- -nd 23-2 -230 B and its impact-on prime agrle4A-u-ral land which is defined as soi° t. am u Hal • Dability classifications of I , II and .Ii s indicated on ma-ps- completed by the I Natural Resource Service. A- -One ( 1 ) on -Ste parking space shall be provided for each employee-on duty . The peak e r 'yment period-shalt b- e- -sed to determine the-r-umber-taf-erriployee parking spaces. B . A stack area capable of storing---at-least ore-gird ( 14) .r_ian_y cars-as canbe-accommodated 77 • from theflow o' incoming or outgoing traffic, for waiting vehicles. C . Tact gates _shall be prolA4ed as follows ah-- e- f-1--f--t-i cet gate 7tor a theater-with---a-crap -qty up to three - hug Sre --( 0-C ) cars , 2 i o-( ) tick - t r- -t -+ agty up to six hundred ( O- ),- cacs-.- 3_ Three ( )4c ites fora 4heate , - -red ( 80G ) cars . 4.. F-our- -t- cyet gates fora phie' r--wit-a-capacity u-p-zie one thou-sand ( 1 , 000 ) car's. 0 . Light 1 : Ail outside lighting sha ll be rranged and shielded so as to-prevent-any-nuisance ors: All ENT STREETS or pr'ope a 2 . Exits and pedestrian passageways-shall be adequately lighted at alp times w.ien--open to the public. E . Access7 I . Each developed- si t-s-ha -khave n--of tea --( 2 ) aG sses , but shall not have more thai4wo (2) ac s-one- y one ( 10. a pt=i t the Board of County Commissioners has eie tight to prescribe add, 6onnl access recuire :er=is if it i eeni c ange--i ---the-location--and numaer of accesses will reduces--the-pc tie-s of trai�tc hazards . 2 . No directentrance to or exit f ram--a-DR-IVE-- N THE-TER shall be__p : . ifted-act -a F E E '- ----or EXPRESSWAY as ce inea :ee on he- -tOur ty-TtiorcuGhfare Plan or on any state or-iacal plans. a The accesses "for the DRIVE- IN THEATER shall be-directly onto a paved road . 4 . Acceleration and deceleration lanes and left-turn +es • when de.�i�, e necessary lay - e �'�-�r-rrr�tie earl of County ommissi e+ t --faGiti-tat- the con:inuous and safe-_flo -=ef traffic to an tr --t e THEATER 6 _ The facity shat-I be designed-to provide emergency h4-cula-r-- ss at al Mmes . 6 . En:rance aria ex : cr: . es -pa traffic . Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 187 at 246 I. Adequate sitedistance shall be provided at all-access pints: F-. T a-s h-ar as, 4 . All outs. tr reas shin ! be SCREENED- vLc4nn stnt he e _ _ ; - aL Projection s e .1- 19e-prro. iontcd so as to minimize the potential traffic hazard created by people riewiing Fhe scre frr, advent-highways .. 2-. Cort,truction plans for the screen shall be prepared by a certified-engineer and-said-plans. sh 1-I conform with the requirements-of Chapter 29 of this Code . 3 _ The screen and its supportin-g structure=sk -tt-b tand_-a=.-wig five ( 25 ) pounds per-square foot. H flee protection . Fire-pc e tion s4- iall be provided in accordance wit the requirements of the fire protection district I . Buffering . The DRIVE-IN THEATER- sh-a-W b . etei biuffered-tiiiro h the use &= Ian , an _encI tom. , - i - ti ts-Gn rrOund4Pg4ancla J . instanda-rds and- reg-ulation-s . The proposed facility-shall cornpt + --alb- t : -h- tan-d-a-rd-s and Reg -uiation-s, Seca 23-4 -420a - Ps" Ic utl hies =adi hies : ( Repealed and re -enacted as Section 23 -2 -400 . 0 ) Applicants fo-r- activities re-viewed-pursuant-to Ark-i 1-1 Di- i-si• -n 5 of-this Chapter-as-MAJOR FACILITIES OF PUBLkC J _ - - sha lave re burden-lot proof to demonstrate 11 104 there is a need for the_fa -pity within the proposed area of service , and the a-ry=- ommission - shy ! be satisfied that a need exists as port of the + eter inat s--fir any s4Gli permit Division 6 - Wind Generators and Permitting Requirements Seca 23-4-450 . - Wind generator standards . WIND GENERATORS are allowed in certain zone districts as either accessory uses-ACCESSORY USES , as princiater ACCESSORY USES subject to Zoning Permit for Wind Genecator requirements of Section 234-46C , or as oakcipal or ACCESSORY USES subject a Ilse-by-Special Review Permit , per the iheight guidelines and maximum numbers for LEGAL LOTS , below. The height of a WIND GENERATOR wind-tower- is measured from the surrounding ground to at the hub of the generator Table 23.3 WIND GENERATORS Lot Size (Gross Accessory Use Zoning Permit for WIND Use-by-Special Review Permit Acres) (Building Permit #?required only) GENERATOR , Less than 2,49 Up to 40 feet and rotor diameter 12 feet or r Above 60 feet, or more than 3 41 - 60 feet Acres less * per LEGAL LOT 15 Acres - 4. 99 Up to 60 feet and below and rotor _ f Above 120 feet , or more than 3 Acres diameter of 14 feet or less 1 � � eat per LEGAL LOT 5 Acres and Lip to 120 feet and below and rotor feet Above 180 feet , or more than 3 Above diameter 25 feet or less 121- 180 per LEGAL LOT * On lets LOTS less than 2 , 5 acres , the owner shall submit evidence to the Planning Department that the me generator WIND GENERATOR can meet the setbacks SETBACKS from property lines found in Subsection 23-4- 450 , D and E below. All WIND GENERATORS are 'subject to the following standards: Chapter 23 — Zoning code updates 3/6719 DRAFT Page 188 of 246 A. Up to three (3> WIND GJENERATORS per LEGAL LOT are allowed . Yore than three ( 3 ) WIND GENERATORS on a LEGAL LOT shall require the issuance of a Use by Special Review Permit , pursuant to the requirements of Article II , Division 4 , of this Chapter, or the issuance of a 1041 Permit, pursuant to the requirements of Article IlI , Chapter 21 ,, of this Code . B . WIND GENERATORS requiring the issuance of a Zoning Permit for WIND GENERATOR are subject to the application requirements of Section 23-4-460 of this Chapter WIND GENERATORS requiring the issuance of a Use by Special Review Permit are subject to the application requirements of Section 2302-260 of this Chapter . WIND. GENERATORS requiring the issuance of a 1041 Permit are subject to the application requirements of Article ill , Chapter 21 , of this Code. C . All WIND GENERATORS must shall be set back from property lines , puthe r- h-ts -of Way .PUBLIC RIGHTS-OF- AY and access easements of a distance of at least one ( 1 ) times the height of the generator (as measured to the tip of the rotor blades). [ A I WIND GENERATORS dust 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 ( 3 0 ) feet to t -e -afny property boundary. F . WIND GENERATORS must shall be painted or coated a nonreflective white, grey or other neutral coor. G . WIND GENERATORS must shall not be artificially illuminated., unless required by the Federal Aviation Administration ( FAA ) . H _ Electrical controls must shall be wireless or underground , and power lines must shall be underground , except for an interconnection to an existing above-ground power grid . I WIND .GENERATORS are subject to the following noise limits (measured from the nearest property line from the WIND GENERATOR) : 1 , Residential : Fifty ( 50 ) decibels. ... Commercial : Fifty-five ( 55 ) decibels. 3. Light Industrial ( I - }1 -in4 - r, ) : Sixty-five (65) decibels. 4. Industrial ( F2 and I -3 actria ) : Seventy-five ( 75) decibel's ; J . WIND GENERATORS are subject to applicable Federal Aviation Administration ( FAA) requirements and/or permits . K , WIND GENERATORS generating power as a commercial COMMERCIAL enterprise may be subject to regulation by the Colorado Public Utilities Commission . L . If proposing to interconnect to a utility company, the applicant shall provide to the Department of Planning Services a copy of a " letter of intent toi interconnect" or interconnection agreement signed by the utility company . Sec . 23 -4-460 . - Zoning Permit for Wind Generator permit application requirements . An application for a zoning permit -for a WIND GENERATOR shall include the following : A, Name, address and telephone number of the applicant . B.. Name , address and telephone number of the owner of the land , if different from Subsection A . above C . Parcel number and legal description of the property for which the application is made . D. Evidence of interest in the subject land held by the applicant, E. If proposing to interconnect to a utility company , copy of a "letter of intent to interconnect" or interconnection agreement signed by the utility company . F . Number of acres of the property. a Elevation drawings of the proposed facility showing all towers , structufes STRUCTURES and other improvements related to the facility, showing specific materials, placement and colors. H . Weld County Access Permit. Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 189 of 246 I . A vicinity map showing adjacent ADJACENT properties, general land uses USES, zoning and roadways STREETS/ ROADS: 1 . Within five hundred ( 500 ) feet of the proposed wire generator VVIND GENERATOR site. 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-- enerator( s) WIND GENERATORIal and other support structures STRUCTURES ( guy wires) , including distances from the property LOT lines, above-ground power lines and other STRUCTURES on the property . . Location and measurements of any easements or rights-of-ways. 3 Amount of road frontages . An access is or can be made available that provides for safe incress and egress to a PUBLIC STREET/ ROAD . Ail accesses shall be in accordance with the access recuirements set forth in this Code . 4 Identification of any co ' COUNTY , state or federal Foads STREETS/ROADS or highways. 5 . Existing STRUCTURES on the property, K . An application fee . An additional fifty 5C 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 fuily comolyinp with the recuirements of this Chapter, nor from an other penalties . L A certified list of the names , addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property ((the surface estate) within five hundred ( 500) feet of the property lines of the parcel on which the wind generator( s) shad be placed . The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney derived from such records or from the records of the County Clerk and Recorder. If the list was, assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty ( 30 ) days of the application submission date. M . (Repealed , ) Netiticat-ienc-r-esponses of at least t-h-i ercent ( 30% ), of -surrounding property owners wsthi, hundred (5O0-)-teed teed—of—the— subject--property in opposition -to--he- Ioeat ►; rIr � D GEMER � R(S)-- Sec . 23 -4-470 . - Delegation of authority. The Board of County Commissioners delegates the authority to issue a zoning permit for a wine generator WIND GENERATOR which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: A . The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made, 6 . 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 WIND GENERATOR . f posed , f the s- u+ n -property owners who have signed the nofi-fioation have oo jection s for-the wind generator. Sec . 234-475 . - Notification and a 3 3e al of denial . , once an apoilication_ that is sub °ect of this Division 6 is deemed complete by the Department of Planning Senrices , the Department of Planning Services shall send the application toapplicable agencies listed in Appendix 23-C , as determined by the Department of P" lanninp Services . The failure of any acencr to res and within twent '-eicht ,28 ) days may be deemed a_ favorable response. All REFERRAL agency review comments are considered recommendations . The authority and reseonsibility for approva6 and denim of a zoning permit rests with the Department of Planning Services. B . The Cie )artment of Planning Services shall send notice, mailed firs,t< lass, to owners of LOTS within five hundred 500 i feet of the subject 3ro3erty notif in them of the application and their opportunity to object to the issuance of the Zonif, , ermit, which shall be submitted by returnir o the signed form sent by the Department of Planninc. Services within w my-eight (284 dents , Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 190 of 246 C . If the Department of Planning Services receives objections from the owners of at least thirty ( 30 :p percent of those notifiec within twenty-eight (28) days , cr if the Department of Planning Services determines the application does not meet all applicable criteria and requirements , the zoningpermit 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 R FERRAL agencies . The apphicant may appeal in writing to the Department of Planning Services within ten ti l C days of receipt of the denial notice _ _- 2 . If a opealed , a public hearing shall be scheduled before_the Board of County Commissioners and staff shall send notice , mailed first-class , to the appWant and owners of LOTS within five hundred (500 feet of the subiect property at least ten ( 10 ) days prior to the hearing . The Department of Plannin% Services shall aso notify the referral agencies with comments of the hearing:.3. The Department of Planninc Services shall post a sign on the ariciperty in question indicating a zoning permit has been requested for the property the hearing date, and telephone number where further information mos be obtained . The sign shall be posted at least ten 110 days prior to the hearing date and evidenced with a photograph ._ 4 . The Department of Planning Services shall arrange for legal notice of said hearinQ to be published in the new:spaper designated by the Board of County Commissioners for publication of notices at least ten ( 10 :I des prior to the hearinc . . The Board of Count 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 . . Followinc the public hearinc , the Board of County Commissioners shall Sass a resolution affiirminq its decision as to whether to approve or deny the onin_ pernit. 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 shal not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification . 8 . If the applicant does not submit a written appeal within said tar I; 10 ) da ys , the denial shall be final . Division 7 a Temporary Seasonal Structures - Uses Sec . 23 -4-500 . - Intent and applicability.. A. The intent of the TEMPORARY seasonal () SE _ procedure is to provide an administrative process for the regulation of seasonal uses USES and : ACCESSORY STRUCTURES, including fruit and vegetable stands , and those for the sale of fireworks or Christmas trees. Other similar temporary TEMPORARY seasonal 4448Fes USES may be approved by the Director of Planning Services. P. Roadside stands shall be located not less than fifty ( 50 ) feet from any PUBLIC RIGHT-OF -WAY , Sec . 23 -4 -510 . - Duties of Department of Planning Services . A. The applicant shall submit the aDolication--fee an fornna.ion required herein--to th i Serv4‘earThe 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 Coloraco Department of Transportation and the Department of Public Health and Environment, shall review the submittal . B , After review and comment by the review agencies , the Department of Planning Services shall make final determination of approval or denial of the permit.. Such determination shall be made based on its conformance with Chapter 22 of this Code and any other applicable Code provision or ordinance in effect, sound land use planning practices , comments received from agencies to which the proposal was referred and standards contained in this Chapter.. Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 191 of 246 C . If the Department of Planning Services denies the Permit, the applicant may appeal in writing to the Director of Planning Services, within ten ( 1D ) days of receipt of the denial notice . A meeting hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportuffity to appeal the denial , for good cause shown . If the landowner does not submit a written appeal , the denial becomes final . Sec . 23-4-520 . - Application requirements for temporary a onal use permit. The following supporting documentation shall be submitted as a part of the application : A. A TEMPORARY seasorya use USE permit application form provided by the Department of Planning Services B A copy of a deed or legal instrument identifying the applicant' s interest in the property under consideration . C . A detailed description of the proposed USE , including the location of proposed parking areas or parking lots PARKING LOTS, and evidence that the USE meets the requirements of the zone district, D . Evidence that the USE shall have an adequate source of potable water. E. Evidence that the USE t-he zone district shall have adequate sewage disposal facilities , which may include TEMPORARY sewace disposal facilities (i , e portable toilets ) , as determined by the Department of Public Health and Environment. F . A completed Weld County Access Permit provided by the Department of Planning Services . G . The number of employees associated with the USE . H . A generalized sketch map drawn on a sheet of paper eight and one- half ( 8 %) inches by eleven ( 11 ) inches . The sketch map shall be legible and include the following information : 1 . The boundary of the property. 2 . The boundary of the proposed USE . 3 . A north arrow. 4 . The location of all existing and proposed driveways and accesses associated with the papja PARKING LOTS. 5 . The names of any existing roads STREETS/ROADS or highways abutting the proposed property , 6 . AU existing strurAu 'es STRUCTURES on the proposed property , located in proximity to the proposed USE . 7 . Ali easements or rights-of-way located on the proposed property . B . The location of sewage disposal facilities. L 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. Division 8 - Second Single - Family Dwelling in the A ( Agricultural ) Zone District Sec . 23 -4-600 . - Permit re uirementsii ( Repaaled . j No-seGeRci siN LE- FA '1-1-L- 1 D ►''ELLINI on a LEGAL LOT in the A (Agricultural)-- e- -trict shaL-� -lio- ed w . • el , P ■ `J ■ . J ■ 1' 'i[ J 1i{ �•. v■ 1 ��19 � � . 1 �t a � + out-f4ry �i ng p► t . FAMILY DWELLING-on- -GAL LOT-in-10 A ( Agricultural ) Zone District is to provice for tam ' y anc caregivers to dam- - -saw--L=G_ _ = p► l ion-for any zoning permit -for a second I NGLE_FS ► TI ELL1 . -o a LEGAL LOT in- tie A -( Agricultural ) Zone District shall include the fo low-i I k , Name , -address andtelex n i e �sr r'tif the a �rilir`+.-ter B . Name, adicireas and4eiephone-nurnher of the owrer of the land if different from Paragraph- - abo C _ z emit for a second serge farnit -dw l-itn l lication form proviceo a services-- li-f --owners of property musi -t e app tior or, if an authorizec agent signs , a letter of authorization-from -ail fee o ers-must be included with the application , if a corporation -its- the fee- ow ir, notarized ev-idence-must be i-nilude -+ - that the sjrgnatory-has=i-e l uti o-ri-ty- of-the-partnership-to Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 192 of 246 corporation-or- ' authority--I --' o. tns-Tr--- tfe-S at D . rlf7_ IIr� r i r�,t i Qa • . .r �- fir' i - _ E_fw. a r air h r 3,f- r e -- s Yce -plan- e s i to scrai • r -&- 4ab1e-s e -mow: 14he--SreiGen I I .I I ICI X11 I I"t A l l %r _ stFIGE - property I i�_ . s re : e T 2 Arz,rcia secro+nd t GL—E-F ki tt� t �Ir�7' f� ' G, it d4 ti41. 1s e i ie fl. c # n'� b e th _e,Q tr-r t+- - tent-p o 1- •}iE3TT -+ " -be fiemarred ---1.a a n na m e a l re s e T' en ts—e n hts-34wa y 4 . -s o u nt-ter --1-LdZ re 6rt-` -i tesoclifederalI-1 r highways. 6 E, isti S- L T�.►� � ►� Ir'►�, y' Ev-i4e-n e-th —s upp y'-e eS `#' `{of f ai . ar�9. r� r�r-I I-1 I i t t t e r i I I be/isable--tr3 e`pa r r te- he far-efteseci-use--A-Tetter4-rom-a- � -- i}i --c e-x a m ..- of-e 1 -e- domestic I use 6 r. ' -pia*.. ` s-wtIlicio-h . ei _ t quiremants o f the �.. > 'nderl i . : a .-- 1 rid En-ti � air�r� r� t � Y-xfa. ,6 � . -r`.n 2 or aift4e pOGarb-I•.r-zx'stir g s e'pticr--sys r o f I ett r f r a rr i.ita t I o n se r r►re r district-si- I- -ti - i' i€ee r erva f YT i �¢'-r �f +r aged at each--p-r- .p sed-l.' # re a wr a m pTe evidence ford rflus ; ii- T-he i ri i &fur e- - .r, I ' i = I • es Identification Num Assessor of the owners plc i fve-. h �: roetl_to where -- e. . + COY U- d { 1 f3Y C d` I I F ty eks •I r l r&Ls ley y _d e Ir`I t l b f 1`ei"ri c Y r'`+ c _=re co r t h _. ,re.. +. '.� '.� - �:_, � '' .' a i +� I .� .. . . .•Gounty Ass so -p n t -Gegi at s ITI-tt s- i >;,..r; r� - � e application ssio a. —Netificatort-respenr t -- 944-44-eurreanclicts-pr-Swriers-within-fivenkuniGked .(5400)-feet-49-f-t-he sub i aC4 M i I `Srj e L --Pt-copy-of-a- . - - y r i rht�._ar�,r,c�rr�c� rth r t-nde r cow ra~ Iderati o n Tfi r,. i .F i el ! _ J i l eda-I e p rt m a nt o f P a''1i n I nl:g S t3 r X er 741uraffee- r- strac detailadl description o f threque-stsanct-46-12449asrea A-Weid County Arc - 1 ih P—i -Stat t' Tr-'e'as u I rw r n.n.n S e nr xe&f er - e area re fer r -to-in � I a 111 -rnem! ar ��,r s,r'eitir�.r taRanII� . sidiartg ire the_&sep.n �an.''r�a Sec . 23 -4-'61 Q . - A III proval { Repealed . ) 1 { F h I G rti n a I E G _L Off- -n--t -}# -A--(Agc e' I It i I r I 'V r^a I'I i t ri rte+ - - - T�r�*�-�-rr- 4�3 �- 1`�J'�er s-i-f t-h p I t --s i -- ra g ra ph-s l--through " 4 be I o +t d-Sect` o n-2,3-4-620- t i i s i o n { 'd-s--n oea d ocl I o 'Ii - a n apaded sutKiiv+Erfene-ptat-oa-Cq-S-part-ofa- y'- ntrol s -Na oal i a rarrai'-a rn-I-s- County-Ca - n--at gul . :I a 1 cat 4on--doe`s' -nt-- ee t- raph s 1- h4-r-,r-ough-4 bfl ec o t-sclawision TheaarT a na` Y ta.rY it the a (icati n c Y rI"11ers o f ►`wIrr+► ntit rtatr nnhr~ ,.. .,. � �;>. .r�r��-rrr;'I'r�... �, r,.,� rr-�� Tea r � ted within fir ,I drerte{ 1 - ) , _ i II i-► rva r n the e t �► k a ' e-scil I m thi Such no#t' e is not .rer a I jr, -' atat -s r Ita r a a sesy-t- iJ l 4 !I ternt errors bh1 th1e r#ni e n t of- •tr`' �'�r -i-r r car r cling c r/�eate -u-r• ' #'i n l ref r� l-�1 � p r 'ces s even -i' i� ' _r ul-i s--i�-n-- - Y' -f- t1�c -su-r yJ • •.p-r{__-.�:�-_46'�Lr+ ec - - a i i T (i! [i T ! �' - �'_ � T �'�� r,.�r 1 li • I L'V� " ' • e a.pp fr`can- i i i t s it i w . i i. at�n g Lh"a a seco d U-aM i& D- JJ LLI-N-' ha' Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 193 of 246 Fequested for-the property-the-meeting date and the to rIone number-r- --tare furtherkforr ation may be ta-in-ed . The sign shall be postec-et least-ten- - O- --+ sys--pc-ior4o the meeting-date and evident w4h-a photograph . The Board of County- • missions �-- iir o , in -property owners-conceming the effects of the second SINGLE -- -4 - -L DWELLINGon surrounding property.-The Board-of um nm-issioner ill- h ►-con-side e--following factors n reviewing applications-fora permit for-a-seoond-SAGr _ r� �►. ii r- � fEi r IetiI - o Compatibility with surrowndling area m-c;n-/ with the character of the -NE BORH QD and its effects upon the immediate area . 2 . Compatibility-with Chapter 22 of this Code . i Ga - de - �u one we }.� ! • F /q d� .� J p■� 4-r--The- general health , safety of 1i.a 'arY.f o4 : le in 1abiaa � m� o' le area a1 c s i Sew7� ties NT� B . Only one ( 1 ) zoning permit for a second INQ-FA- 1 -W _ - in t-ne agr--icu4tufaI =4one DistriGt in the Cory Sec . 23 -4-620 . - Delegation of authority , (Repealed . ) The Eoardai e4ec s delegates the authority to iccoo cord- -lN t- the .ti �' l� grici tr r l a at)-Zone District!, which otherwise requires the-e-a�`pr�''�a t�-�. the Bia... rd of County-Ciarni:4issioners _ . of Raining Services upon a determination- by the Department that A . The applicant-is in compliance with the crteria en _flee, in : iis Division _ 8=-- The Department of Plann-ing er- has ha se-rte _" ned notification of at least thirty f e0 0 su ti - y e 'p -ion to the location of t= ..cc,n Si L-Er,.F & L-LIN . The petition shall indicate that the surrounding-property owners- h-o--have- signed the notification have objections to the issuance of a zoning permit for the second SINGLE-FA-MY--aY = . - i ; . positive response of-said-request C . Corstructioi pursuant- to-approval of a SecondSingle-Family D Zing oni:Rg—Perrnit sail commence within six-- {6) i fi --The Board f -Canty Commissienecs sienecs when issuing the arigirial -PeFmelt, cr the R 4t- all be vacated . The Director-of-Planning Services may grant an extension of time. for good cause- shown- upon--a - written-request by the Lando -net Sec .. 23 -4-630 . - Recuirernents for a second sinpleofamil r dw llinc . Where a second SINGLE- FAVILY DWELLING is permitted in article l ,ll of this Chapter , the following' criteria shall be met prior to issuance of a building permit for said d ellinc : A . The LOT shall be at least two and one- half (15 ) acres its area . B . The second SINGLE-FAMILY DWELLING shall have a permanent, engineered foundation , � . WhereAre Ill of this Code requires issuance of a zoning permit -�second SINGLE- FAMILY DWELLIN ,for � the ae'rmit may be issued in accordance with_Division 17 of this Article IV of this Code . Where Article III of this Code recuires approval of a Use by Special Review for a .second SINGLE- FAMILY DWELLING , the process in Division 4 of Artide II of this Code shall be followed . Division Miscellaneous Regulations Sec . 23 -4 -700 . - Manufactured homes ( RepeaIed A MANUFACTURED HOME _ ipest All structures-meeting---tie definition=► ltBI4LE. HOME 214 ! follow the zoning permit requirements of Division 3 in this Article of this--Cater. Sec . -4 -710 .. - Livestock feeding performance standards . A. Anyone teed Ing LIVESTOCK shall be responsible to use best management practices. B. An operator shall be in violation of the following performance standards when : A complaint is received and verified by the Department of Public Health and Environment and the Department of Public Health and Environment sends written notice to the operator requiring a pier and time line for correction to be submitted Chapter 23 Zoning code updates 3/6/ 19 DRAFT Page 194 of 246 within a specified reasonable period of time; and the operator fails to respond to the written notice within the specified period of time; or the operator fails to implement the plan of correction within the proposed time line . C . The Department of public Health and Environment will use the following performance standards to verify a complaint and evaluate the presence of a nuisance condition : 1 . The property owner !she l remove , handle and stockpile all manure in a manner that will prevent nuisance conditions . The manure piles shall not be Slowed to exist or deteriorate to a condition that facilitates excessive odors , flies , insect pests or pollutant runoff. The manure storage site shall have a surface, in accordance with the Confined concentrated Animal Feeding Operation Control 3.egulations , which does not permit seepage or percolation of manure pollutants into the ground _ 2 . Suitable natural , sanitary , chemical, and scientific controls shall be provided for rodent and insect control _ 3 . Equipment and areas on the property , such as feed bunks , feed bunk aprons, watertanks . feeding devices, manure piles , trash dumpsters , anima ] pens, feed mixing areas , STRUCTURES and other similar equipment and areas shall be constructed and maintained in a sanitary manner to prevent nuisance conditions . 4 . Adequate mechanical means for scraping , grading and cleaning of the property shall be provided at all times . 5 . Drainage facilities or improvements shall be constructed to protect any rivers, streams or other bodies of water from pollution, 6.. All runoff retention and containment facilities shall meet and be maintained in accordance with the Colorado Department of Health 's Confined Concentrated. Animal Feeding Operation Control Regulation (5 R. 10024-g-81 ) . The property owner shall be responsible for any additional requirements issued by the Colorado Department of Health , Water Quality Control Division , or the County Department of Public Health and Environment. 7. Groundwater monitoring wells may be required to evaluate impacts on the ground water table, The number, placement, construction and monitoring of wells shall be at the direction of the Board of County Commissioners, 8 . Uses on the property shall comply with the Colorado Air Quality Commission's air quality regulations. 9 . All associated liquid and solid wastes shall be stored and removed for final disposal in a manner than protects against surface and groundwater contamination . 10 . Fugitive dust shall be confined on the property . Division 10 a Antennas and Towers 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 byr A. Enhancing the ability to provide wireless services to County residents , businesses and visitors . B . Simplifying and shortening the process for obtaining necessary permits for antennas and TELECOMMUNICATION ANTENNA TOWERS , while protecting the legitimate interests of County residents , C . Protecting the County's's environmental resources and visual environment from the potentially adverse visual effects of antennas and TELECOMMUNICATION ANTENNA TOWERS through careful design and siting standards. D . Reducing the number of TELECOMMUNICATION ANTENNA TOVVERS needed to serve the county by requiring TELECOMMUNICATION ANTENNAS to be placed on existing structures STRUCTURES wherever passible 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 STRUCTURES and existing bu ` Idir-s s BUILDINGS and TELECOMMUNICATION ANTENNA TOWERS Chapter 2 — Zoning code updates 3/6/19 DRAFT Page 195 of 246 Seca 23-4-805 . Definitions . For the purposes of this Crlapter Division 10 , certain terms or words used herein shall be interpreted as defined in -i-s Section 23 - 1 =90 , The following specific wa s and—p ses ,_wrier) app acing in this Chapter in uppercase letters , shall have-the-meanings stated in this -Section--; Cyr f i } mil :f-001/4/) A-portable mobile cellul 1 et work and wireless giver-age--to -iocati s ►her elt4-la•f ere e is-minimal or corn ernised - -LOA Tt - . - ost-i<n TE.L- L N—C ----- "Q - APr _ l . e other- irele for more than on-e-(-1 ) provider on a single structure. I1l CIA T044 ' n� or polra er-rr rti r- ashecil to the proper-the eve t NONCOMMERCIAL-TOWER may incl ��e ,e-air high--de inition-tlision--( D reception , showave fael ti e b -r i reiess-intern and cell phone -range extension ;fe x pie . TELE O UNI A-TI "-N- - TENN n_ Iting-or-receivinig device 4sed in-telecom municatioRs that radiates- or-captures toIecomnur -i t-io•n -si9-seals . TELECOMMUNICATION ANTENNA : ATTACHED: Al ate piaraitoit, ted on an existing building , sileT ema ta l , a-er tower , ut lit-y-er power pole or a support structure other than a TELE OMMUNICATlON TE- 1NA TOWER TELECOMMUNICATION ANTENNA; CONCEALED: An antenna with a support structure- that screens or car o the presence of antennas and/or TELEGOMMUNICATION ANTENNA TOWERS from public view-in a mainerrappr-osurrounding environment. Examples of concealed antennas in lu fe • Fn - - , , , ' -. ry .acts, TELECOMMUNICATION ANTENNA SETS:- T stance between a prope t lone-and e 1 mint f -t i-e antenna siF`iticf:l.1res in't i GdA teni a y ref a tors ,c i rd TLST�� T iLgTtnf'" �r ter • n � rx r�► � CATION TION ANTENNA TOWER: Any - structure that is designed and constructed primarily for—th out pose of supporting one-4-1 )—or—more- ante`s na % including—cow 1 lL7iiTfn c u I • 1 Ih� or n000-le • This includes radio arc television transm ss on , microwave , and cornmo►n- rr'err, personal -- communications service ( P-GS) , cel-Iular telephone, and/or alternative ION ANTENNA TOWERS , an -rupture erected solely for a residentiaki-ncn mere a - 1CiV CLaf use , seci _ � _ rr i<ii-te to -A-M-MTEUR R DIO ANTENN .fTO'U'SER . OW ER HEIGHT—The distance from the finished grade at the TEL E Ti N-TE NA TOWER base to The highest point of-th _ i 'CATION ANTENNA T 1 CO -t! -T-l-Ol NTENN TOWER height includes the base pad , mounting structures and-panel antennas but exdlude -tight n • ► TELECOMMUNICATION FACILITIES : I ude ELECOMMMMUNICATI + i�r PSIT I n, 1 . AT o 'Ns. A \ TEL\ \--AS , ATTACKED ; TELECOMMUNICATION A TENNA , CO E- - ED , and TEE= NTENN TOWERS . Seto 23 -4-810 . - Preferred order for locating Telecommunication Facilities . The order of preference for locating new permanent TELECOMMUNICATION FACILITIES is from most preferred to least preferred and based on economic and technical feasibility: A. CO - LOCATION on existing TELECOMMUNICATION ANTENNA TOWERS . B . TELECOMMUNICATION ANTENNA, ATTACHED . C . TELECOMMUNICATION ANTENNA, CONCEALED . a TELECOMMUNICATION ANTENNA TOWER. Ne ► TELECOMMUNICATION ANTENNAS must shall use the TT ost preferred facility type where economically and technically feasible : A lesser preferred facility type is allowed only if the applicant presents substantial evidence to show it will have a lesser visual impact than the use USE of more preferred facilities and that the applicant' s desired geographic area cannot be served by using more preferred facilities .. Sec . 23 -4-820 . - General requirements . A . TELECOMMUNICATION FACILITIES on Residential Properties_ TELECOMMUNICATION FACILITIES may not be placed on properties ors BUILDINGS used primarily for residential purposes . This does not apply to buki-Dgis BUILDINGS containing eight ( 8 ) or more dwelling units ,DWELLINQ UNITS or farms and ranches containing dwelling units DWELLING UNITS . Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 196 of 246 B . TELECOMMUNICATION FACILITIES are allowed as a use USE by right or accessory-use-ACCESSORY USE on a property as follows : 1 . ( Repealed . ) TELECOMMUNICATION ANITENAk ACFED AND sELEcowM !UN4CATION - ANT—EN—T CONCEAL-ED are permitted by int tta 4ve re 1'7' 3 3n a ' one di t ict . 2 . TELECOMMUNICATION ANTENNA TOWERS are not allowed in the following zone districts; R- 1 , R-2 , R- 3 , R-4 , R - 5 , E and PUD (with Residential uses residential USES). 3 . TELECOMM 'UNICATION ANTENNA TOWERS are permitted either as a blase USE by right., accessory use ACCESSORY USE , zoning, permit, or Use by Special Review in the following zone districts: C , 8 , A and PUD (with Commercial or !industrial uses COMMERCIAL or industrial U SF S ) . C . Accessory-uses ACCESSORY USES to a TELECOMMUNICATION ANTENNA AND TELECOMMUNICATION ANTENNA TOWER shall not include mss-OFFICES ,, broadcast studios, long-term vehicle storage or other o+utdoorsto age OUTDOOR STORAGE ,, or other uses USES not needed to send , receive or relay transmissions . Sec . 4- O . - Standards for Telecommunication Antenna Towers . A . TELECOMMUNICATION ANTENNA TOWERS are allowed as a USE by right, acoessoPy uses ACCESSORY USES , subject to Zoning Permit for TELECOMMUNICATION ANTENNA TOWER requirements , or as a Use by Special Review Permit, per the height guidelines below. The height of a TELECOMMUNICATION. ANTENNA TOWER is defined as the distance from the finished grade at the TELECOMMUNICATION ANTENNA TOWER base to the highest point of the TELECOMMUNICATION ANTENNA TOWER . Overall TELECOMMUNICATION ANTENNA TOWER HEIGHT includes the base pad , mounting structures STRUCTURES and panel antennas, but excludes lightning rods and whip antennas. Table 23.4 TELECOMMUNICATIONS ANTENNA TOVVERS Zoning Pe rm it for vac. off pawn Leff fC:LX3fl ly u'se by Special Review Permit approval DEL ECO UNICA TIO NS A uTENNA Use ' TOWER requited Up to 35 feet in height > 35 feet up to 70 feet in height Greater than 70 feet in height. E . Radial Spacing_ TELECOMMUNICATION ANTENNA TOWERS over thirty-five (35 ) feet high must 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 radi'al 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 ., Existing or approved TELECOMMUNICATION ANTENNA TOWERS cannot accommodate the telecommunications equipment planned for the proposed TELECOMMUNICATION ANTENNA TOWER . ER . 2 . The TELECOMMUNICATION ANTENNA TOWER shall not constitute a hazard to aircraft. 3 . The TELECOMMUNICATION ANTENNA TOWER shall be placed on the property to contain on site all ice- fall or debris from TELECOMMUNICATION ANTENNA TOWE failure. 4 . The proposed TELECOMMUNICATION ANTENNA TOWER shall be designed and provide forCO- LOCATION . The applicant may provide written justification and evidence why O-LOCATION is not possible .. The Board of County Commissioners may revoke permits or other administrative approvals if conditions for approval of a TELECOMMUNICATION ANTENNA TOWER includes CO- LOCATION , but: a , The TELECOMMUNICATION ANTENNA TOWER owner is not willing to provide space for other carriers at a fair market rate when it would not impair the structural integrity of the TELECOMMUNICATION ANTENNA TOWER or cause interference . b. 1_ he TELECOMMUNCATION ANTENNA TOWER owner modifies the i re STRUCTURE in a way to make CO -LOCATION CO -LOCATiON impractical or impossible .. Chapter 23 Zoning code updates 3/6/ 19 DRAFT Page 197 of 246 c, If approval is revoked , the facility must shall be removed at the owner's expense . 5 , The TELECOMMUNICATION ANTENNA TOWER shall have the least practicable adverse visual impact on the environment_ 6 . The proposed TELECOMMUNICATION ANTENNA TOWER shall not emit radiation that will adversely affect human health . 7. The proposed TELECOMMUNICATION ANTENNA TOWER shall be the minimum height needed to accommodate the TELECOMMUNICATION ANTENNA. 8. The proposed TELECOMMUNICATION ANTENNA TOWER ER shall comply with all applicable federal and State regulations _ 9. The design of the proposed TELECOMMUNICATION ANTENNA TOWER shall insure structural integrity . 10 . The proposed TELECOMMUNICATION ANTENNA TOWER shall have adequate measures to discourage unauthorized climbing and to insure the security thereof. 1 1 . All reasonably possible sites for the TELECOMMUNICATION ANTENNA TOWER have been considered , and the proposed site is the most appropriate , available site from a land use perspective . 12 . The proposed TELECOMMUNICATION ANTENNA TOWER shall not adversely impact wildlife. 13 . A Decommissioning Plan . Adequate financial assurance to cover the decommissioning of the facility may be required as a condition of approval of the Decommissioning Plan . a 1- ELLCOMMUII ICAT1ON ANTENNA TOWER and Equipment Setbacks SETBACKS and OFFSETS . 1 . TELECOMMUNICATION ANTENNAS , ATTACHED and other appurtenances may encroach up to two < 2 ) feet into the minimum building I3UILDING setbacks SETBACKS and OFFSETS in the tinclerlying zoning district UNDERLYING ZONING DISTRICT but t shall not extend over property LOT lines , 2, Minimum setbacks SETBACKS and OFFSETS for TELECOMMUNICATION ANTENNAS , CONCEALED are the same as the minimum building BUIELDI NG settaGics SETBACKSand OFFSETS in the und'erd _._. Lift UNDERLYINJG ZONINGDISTRICT, 3. Minimum setbacks SETBACKS and OFFSETS for TELECOMMUNICATION ANTENNA TOWERS are as follows: a . From p- per-ty- LOT lines of properties in the A; C , I and PUD (with Commercial or Industrial uses COMMERCIAL or industrial USES) zones : one hundred percent ( 100% ) of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than minimum building setbacks SETBACKS and offsets OFFSETS in the d 'y'ing zoning- district UNDERLYING ZONING DISTRICT. b . From subdivision exemption boundaries for temporary--u-se non - permanent USE of a parcel for Telecommunication Antenna Tower Facilities in the A , C . I and PUD (with Commercial or-Industrial uccc COMMERCIAL or industrial USES ) zones : one hundred percent ( 100% ) of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than minimum Wilding offsets SETBACKS and OFFSETS in the underlying-zoning district UNDERLYING NIN, _ 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 app icant can moy provide stamped documentation from an engineer licensed to practice in the state demonstrating that the tower anddebris will would fall completely within the boundary of the subdivision exemption 4. Guy wires and equipment buildifigs 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 _BUILDING setbacks SETBACKS and offsets OFFSETS in the underlying zoning district UNDERLYING ZONING DISTRICT, E . Equ iprr ent Design , 1 . A TELECOMMUNICATION ANTENNA, ATTACHED on a roof may extend up to fifteen ( 15 ) feet over the height of the &Aiding (BUILDING or structure STRUCTURE and may exceed the . zoning , is UNDERLYING ZONING DISTRICT T height limitation . TELECOMMUNICATION ANTENNAS , ATTACHED mounted on a b-uldinq BUILDING or structure-STRUCTURE wall must shall be as flush to the wall as technically possible , and mus. shall not project above the top of the wall, and must shall be located , painted Chapter 23 - Zoning code updates 316119 DRAFT Page 198 of 246 and/or screened to be architecturally and visually compatible with the wall to which it is attached b +l-i- g-i-t is tei. 2 . TELECOMMUNICATION ANTENNA TOWERS should be painted or coated in earth -tone colors that blend , to the extent possible , with the surrounding lauilding BUILDING and natural environment , unless State or federal regulations require specific colors. 3. TELECOMMUNICATION ANTENNA TOWERS must 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 must shall be directed toward the ground to reduce light pollution , prevent offsite light spillage and avoid illuminating the TELECOMMUNICATION ANTENNA TOWER . 4. Equipment lavibdings BUILDINGS must shall be compatible with the architectural style of the surrounding builcing BUILDING environment with consideration given to exterior materials, roof form , scale, mass, color, texture and character. Equipment buildings BUILDINGS must shall be constructed with materials that are equal to or better than the materials of the principal-use NCI PAL BUILDING , Equipment cabinets must shall be located , painted and/or screened to be architecturally and visually compatible with the surrounding buikiing BUILDING and natural environment. 5 . The maximum permissible noise level shall adhere to the maximum permissible noise levels allowed in the rtu-nderlyi UNDERLYING ZONING DISTRICT as delineated in Chapter 14 , Article EX of this Code. F Base or Accessory Site Design . 1 . It determined to be required by either the Director of the Department of Banning 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 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 p-ublic, PUBLIC rights - fa RIGHTS -OF -WAY or adjacent ADJACENT properties . 2 . Existing vegetation and grades on the site should be improved or preserved to the extent possible . 3 . Signage at the site is limited to nonillu minated warning and equipment icenti ioatio- -s IDENTIFICATION SIGNS . This does not apply to concealed antennas incorporated into freestanding signs FREESTANDING SIGNS . 4 , TELECOMMUNICATION ANTENNA FACILITIES , except those in the C and I zones, rust shall not include manned offices OFFICES , long -term vehic e 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 USE or revoke the use USE , If the use USE is revoked , d shall be necessary to follow the procediures and requirements of this Division in order to reestablish any subsequent use USE by Right right or Use by Special Review. Upon the determination that the use USE has beer abandoned , the facility owner has ninety ( 90 ) days to re-use the facility or transfer the facility to another owner who will re-use it or remove the facility , Evidence of such shall be provided , in writing , to the Department of Planning Services . 1 . Removal of abandoned TELE OVMUNICATION ANTENNA TOWERS shall be addressed in all lease agreements and shall specifically address the duties and obligations of the lessee and its assigns as well as the property owner regarding the removal of TELECOMMUNICATION ANTENNA TOWERS deemed by the County to be abandoned , 2 . If required by the Director of Planning Services or the Board of County Commissioners, the applicant or owner shall submit an Improvements Agreement agreeing to remove the improvements as shown in the application , plans , plat and other supporting documents, The agreement shall be made in conformance with the County policy on collateral for improvements . The agreement shah be approved by the Board of County Commissioners prior to commencement of operations, as applicable. Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 199 of 246 Sec . 234-840. - 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 F'ACIL1TI€ , and additions or modifications to existing facilities , must shall include the following : 1 , A Site Plan showing the location and legal description of the site; en -site land uses USES and zoning : adjacent roadways STREETS/ROADS ; parking and access ; areas of vegetation and 'landscaping to be added , retained , replaced or removed ; setteeSETBACKS from property line.; and the location of the TELECOMMUNICATION FACILITY including all related improvements , I _ BUILDINGS and equipment. 2 . A vicinity map showing adjacent ADJACENT properties , general land uses USES , zoning and roadways STREETS/ ROADS : a Within one hundred ( 100) feet of a proposed attached antenna site . b. Within a distance of one ( 1 ) mile of a proposed TELECOMMUNICATION ANTENNAS , CONCEALED . temporary TELECOMMUNICATION A 1ITEN NA TOWER or micro- cell TELECOMMUNICATION ANTENNA TOWER site . . Vithin a thstance of one ( 1 ) mile of a proposed TELECOMMUNICATION ANTENNA TOWER site. 3 . Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing ail TELECOMV U► ICATION ANTENNAS , TELECOMMUNICATION ANTENNA TOWERS, structures STRUCTURES , equipment b -i-ngs BUILDINGS and cabinets, fencing , screening SCREENING , landscaping , lighting and other improvements related to the facility, showing spee;ific materials , placement and colors . 4 . If required by the Department of Planning Servicesn photo-realistic rernderingss ( photosy'mis) of the site after construction , demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding visual environment. The Department of Planning Services may request photo-realistic renderings of the site from specific vantage points ,, 5 , A report describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design , height and location ; the need for the TELE OMl' 1LINI ATI • N FACILITY and its role in the network ; and the capacity of the structure STRUCTURE , including the number and type of antennas it can accommodate . 6 . The FM response to the Notice of Proposed Construction or A teration ( FAA Form 7460-- 1 or equivalent) , if the facility is located near an air-poll-AIRPORT or a flight path . T If landscaping/-ssreening SCREENING is required by the Department of Planning Services the applicant is responsible for landscaping ! screening SCREENING1 site maintenance and the replacement of dead plant material . 8 . A schedule for the installation of landscaping and screening GREENING , if applicable . 9 . A letter of intent to allow CO- LOCATION on the TELECOMMUNICATION ANTENNA TOWER . The applicant may provide written justification and evidence why co-location is not possible . 10 , A letter of intent or lease agreement statement which addresses removal of the facility at the expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned .. The applicant or owner may also be required to submit an Improvements Agreement agreeing to remove the improvements as shown in the application , plans . plat and other supporting documents , The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operations, as applicable . The Department of Planning Services may request additional copies of any submittal item for review by other mercies . 11 . A map indicating the service area/ radius of the proposed TELECOMMUNICATION MUNICATI0N ANTENNA TOWER in addition to the service area/radius of other existing TELECOMMUNICATION ANTENNA TOWERS within ten ( 10) miles of the proposed TELECOMMUNICATION ANTENNA TOWER location. B . TELECOVMUNI ATION FACILITY Inventory . The first application for a proposed TELECOMMUNICATION FACILITY by a provider must shall include a detailed inventory of all the provider' s existing and approved Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 200 of 246 TELECOMMUNICATION FACILITIES within the County , all incorporated areas within the County , and one ( 1 ) mile beyond the County border, including Wyoming . Sec . 23 -4- 850 . - Application review of Telecommunication Antenna Towers. [NO CHANGE] Sec. 23-4-860 . Information request. [ NO CHANGE] Sec . 23 -4-870 . - Zoning Permit for Telecommunication Antenna Tower permit application requirements . An appIioation for a Zoning Permit for a TELECOMMUNICATION ATION ANTENNA TOWER shall include the following : A Name , address and telephone number of the applicant B. Name, address and telephone number of the owner of the land , if different from Paragraph A above. C . Parcel number and legal description of the property for which the application is made . a Evidence of interest in the subject land held by the applicant. E. Number of acres of the property . F . Elevation drawings of the proposed TELECOMMUNICATION FACILITY LITY showing a II TELECOMMUNICATION ANTENNA TOWERS , structures STRUCTURES and other improvements related to the TELECOMMUNICATION FACILITY, showing specific materials , placement and colors. C . Weld County Access Permit . Ft . A Vicinity map showing adjacerft ADJACENT properuest generai land USES, zoning and road-ways STREETS/ROADS: 1 . Within five hundred ( 500 ) feet of the proposed Antenna TELECOMMUNICATION ANTENNA TOWER site., 1 . 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 TELE OMM LJ N CATION ANTENNA TOWERS and other support structures STRUCTURES (guy wires) , including distances from the property LOT lines, above -ground power lines and other STRUCTURES on the property. .. Location and measurements of any easements or rights-of-way . 3 , Amount of r-a- trontag-e An access is or can be made available that provides for safe ingress and ec resa to a PUBLIC STILE E I_/ROAD . All accesses shall be in accordance with the access recuirements set forth in this Code. 4, Identification of any County COUNTY, state or federal reads STREETS/ROADS or highway's , 5 . Existing STRUCTURES on the property 6 , A site detail of TELECOMMUNICATION ANTENNA TOWER and encumbrances/ support structures STRUCTURES_ If required by the department of Planning Services , photo- realistic renderings ( photosyms) of the site after construction , demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding visual environment. The Department of Planning Services may request photo- realistic renderings of the site from specific vantage points , K. A statement describing the TELECOMMUNICATION FACILITY and the tech rural need and other reasons, for its design and location ; the need for the TELECOMMUNICATION FACILITY and its role an the network; and the capacity of the structure STRUCTURE, including the number and type of antennas it can accommodate. L , The F response to the Notice of Proposed Construction or Alteration ( FAA Form 7460- i or equivalent) , if the facility is located near an airport-AIRPORT or a flight pat . M . A schedule for the installation of landscaping and screening SCREENING , if applicable . 'Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 201 of 246 N if landscaping/ screening SCREENING is required by the Department of Planning Services , the applicant is responsible for landscaping , screening GREENING , site maintenance and the replacement of dead plant material : O . A letter of intent to allow CO- LOCATION on the TELECOMMUNICATION TION ANTENNA TOWER. The applicant may provide written justification and evidence why co-location is not possible _ P. A. nether of intent or lease agreement statement which addresses removal of the facility at the expense of the TELECOMMUNICATION FACILITY and /or property owner if it is deemed abandoned . The applicant or owner may also be required to submit an Improvements Agreement agreeing to remove the improvements as shown in the application , plans , plat and other supporting documents. The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operation , as applicable . The Department of Planning Services may request additional copies of any submittal item for review by other agencies . O . A map indicating the service area/radius of the proposed TELE OMM Ll N I AT1ON ANTENNA TOWER iin addition to the service area/radius of other existing TELECOMMUNICATION ANTENNA TOWERS within ten ( C0 ) miles of the proposed TELECOMMUNICATION ANTENNA TOWER location . R. TELECOMMUNICATION N FACILITY Inventory. The first application for a proposed TELECOMMUNICATION FACILITY by a provider must shall include a detailed inventory of all the provider's existing and approved TELECOMMUNICATION FACILITIES within the County , all incorporated areas within the County ; and one ( 1 ) mile beyond the County border, including Wyoming , _ An application fee . An additional fifty ( 50 ) percent of the application tee shall be added to_ the cost of the application fee it the USE is started prior to issuance of a ermit. The a ment of the investication fee shall not relieve any persons from fully cornplvinc with the recuirements of this Chapter, nor from any other penalties . T A certified list of the names . addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate ) within five hundred ( 500 ) feet of the property lines of the parcel on which the TELECOMMUNICATION ANTENNA TOWER. shall be placed . The source of such list shall be the records of the County Assessor,, or an ownership update from a title or abstract company or attorney derived from such records or from the records of the County Clerk and Recorder, If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. U A letter of intent or lease agreement statement which addresses removal of the TELECOMMUNICATION FACILITY' at the expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned . The applicant or owner may also be required to submit an Improvements Agreement agreeing to remove the improvements as shown in the application , plans , plat and other supporting documents . The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operations , as applicable . The Department of Planning Services may request additional copies of any submittal item for revuew by other agencies . V. The names and addresses of any owner, operator, or user of any irri+ ation ditch ,_lateral , or pipeline that traverses the property Sec . 23 -4 -880 . - Referrals to Municipalities within one-half ( %) mile of Commercial Antenna Telecommunication Antenna Towers . CNO CHANGE" Sec . 234-890. - Delegation of authority. [ NO CHANGE] Sec . 234-892 . - Addition of Equipment on Existing Telecommunication Tower Facilities. A. Addition of equipment onto existing Telecommunication `wer- slities TELECOMMUNICATION FACILITIES ( including existing nonconforming antenna tower facilities) shall not require a new or amended Use by Special Review Permit, Site Plan Review or Zoning Permit for a Telecommunication for Antenna Tower if the tower height TELECOMMUNICATION ANTENNA TOWER HEIGHT remains uncharged , the coverage area and Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 202 of 246 communication reception for existing facilities are not impacted , and the area occupied by the Telecommunicatio-ns tower TELECOMMUNICATIONS ANTENNA TOWER and accessory equipment does not expand . B . Other additions, of equipment onto existing Telecommunication T-e- facilities TELECOMMUNICATION FACILITIES ( including existing nonconforming antenna tower facilities) that extend the tower height TELECOMMUNICATION ANTENNA TOWER HEIGHT and /or expand the area occupied by the tower 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 ( U R ) will be required or a new Zoning Permit for a Telecommunication Ant - .gT +t - P---T-T) will be req uired . Sec . 2344394. - Subdivision Exemptions for Changes to Existing Telecommunication Tower Facilities . A--A new or amended Subdivision Exemption is not required if not expanding ground area of the ea-TELECOMMUNICATIONS ANTENNA TOWER site or if not extending the height of tower 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 . Sec . 234-895 . - Requirements for Noncommercial Towers. NONCOMVERCIAL ER IAL TOWERS shall be subject to the following requirements : A. NONCOMMERCIAL TOWERS shall be permitted in all zone districts. See Appendix 23- F for requirements in zone districts, B . NONCOMMERCIAL TOWER components , including any and all antennas , appurtenances , cables, guy wires or structural supports , shall be subject to the front , side and rear setback SETBACK requirements for accessory ctures ACCESSORY STRUCTURES for the zone district in which the tower is located . This provision shall not apply to the tower itself. C . NONCOMMERCIAL TOWERS must shall be set back from any existing or planned overhead transmission lines a distance greater than the height of the tower. DD No NCr MMERrIAI T ` WER ;may exceed the height as measured from the ground at point directly beneath . � . — • • • — �. � . r,... � _„•., . c o o ■ �t.rL r a� c � 4 �a■y� R !1 ! 5�+a7'5■L■ tii ! L■•L+ from L'! I 1 the I L ground ti.P W 1 I''Ir.♦I L.Y L a point I 1 L directly 1 i.:�'l,J�1 '1� beneath I t-.e�3!L I 1 the apex of the NONCOMMERCIAL TOWER , per the specific zone district, without a Zoning Permit for a NONCOMMERCIAL TOWER (ZPNCT) or Use by Special Review Permit approved by the Board of County Commissioners. E . No NONCOMMERCIAL TOWER may exceed the number as a use USE by right of the specific Zone District without a Zoning Permit for NONCOMMERCIAL TOWERS (ZPNCT) or a Use by Special Review Permit approved by the Board of County Commissioners _ E . Limiting Site Factors . NON OMVER.CIAL TOWERS are permitted in ,all zone districts ; however, should the proposed NONCOMMERCIAL TOWER be located ari ore or all more of the following areas , the NONCOMMERCIAL TOWER is subject to additional review and approval by the appropriate agency: 1 .. Thin two (2 ) Two miles from of any military installation . 2 , Within the A- P .(Airport). Zoning Overlay District described in Division Article V, of this code :. 3 . Within the GEOLOGIC HAZARD AREAS Geologic Hazard Development-areas as defined by Section 23- 1 -90 of the this Code. 4 . No facilities will be permitted within a. Historic sites . b . Wetlands . c . All' flozaways FLOODWAY , as defined by Section 23- 1 - 90 of this Code. G. Prior to the issuance of a land use permit for any NONCOMMERCIAL TOWER , the applicant shall provide the following: Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 203 of 246 1 . A completed land use application form and a Building Permit application form . 2 . A description of the proposed tower, including its height and method of construction . 3 _ A scaled site Plan drawing of the subject property , showing all property lines, the location of all existing struc9ures STRUCTURES , and the proposed location of the tower, including the location of cables , guy wires or other structural supports _ 4 . The applicant is-fro-shall provide evidence that additional review and approval by the appropriate agency is not required in accordance with FAR Part 77 , "Objects Affecting Navigable Airspace", and/or, if the structure STRUCTURE were is located within an established the A-P LAirporti Zoning Overlay District. Towers farther than twenty thousand ( 2 ( , 000) yyfeet to the nearest point of the nearest runway of any AIRPORT for both i.S ■ { � ' { h - 1 N 4'R.R Y'T JR.. .�L it JRI }S. .- { J l . ./L -. {l._ F { Al . . JV 4S M t L 1 TL.#..t. tL L Y JJ.L R RT Jul fT h .>•..J 1!.h i�A ...1. 1 1, r4.S A+ l .� A-L .a_ .+. i iT .-- i ' +s.L r _ r t LL . .r_ - ty� a taunt M ie uit t are dutII i :iduLdiiy CACP i ! pi i i Oi exemptions are based on tower distance, tower height, ground height and l) ldingc BUILDINGS between the tower and the airport AIRPORT , and length of airpor$AIRPORT runway . . The application fee . 6. Investigation feel if applicable. Anaddit onal_ fifty150 ) 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 rot relieve an persons from fully the recuirenents of this Chapter, nor from any other penalties . Sec . 23-4-896. - Cell on Wheels (COW) . Any CELL ON WHEELS < COW) facility must shall be approved by the Board of County Commissioners prior to placement COW facilities are not considered to be permanent uses and may be allowed by the Board of County Commissioners to remain on a site for a period not to exceed one ( 1 ) year. Division 11 Semi -Trailers as Accessory Storage Sec . 2344w900 . e Intent and applicability . A . One ) semi-trailer used _ s erasrsory storage on lots in ,an approved or recorded subdivision plat, of_LOTS w iGha-are part of a mai9 -9F -fifes- prior to t-he-adoption-4g ar+y- gulations controlling subdivisions in the ( Agricultural ) Zone District , may be permitted through i•ssua •_T� Stooge . ( No zoning permit is required for yap to two 12 ] Aural orded subdivision plat , or LOTS wiioi arc ;part of a ma3 or plan filed Drior to the adoption of any regulations controlling subdivisions in the A (Agricultural ) Zone District, Additional semi- trailer - used- --as-- accessory storage may be allowed on various other lot - sizes - and types, as described—in ubsect-en 4-40 U of this Chapter) . Where a SEMI -TRAILER as ACCESSORY storage is permitted in Article Ill of this Chapter upon issuance of a zor ing__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 SI- II -TRAILER if it would result in the SEMI - TRAILER being unmovable, 5 . The , EMI -TRAILER shall not be allowed to deteriorate into a state of disretair. Such disrepair would include , but rot be limited to , a SEMI -TRAILER partially or totally damaced by fire , earthquake wind or other natural causes, or a SEMI -TRAILER in a state of eneral dilapidation , deterioration or decay resu Lino from a lace of maintenance vandalism or infestation with vermin or rodents , Any such SEMI -TRAILER shall be restored to and maintained in the ork 4inal condition upon! being ,placed on the site or shah be removed from the site_ 6. The SEMI-TRAILER sh f l_befernov dd frore r erty upon cessation of such USE . 7. The SEMI—TRAILER shall not i.n any �m,anner display I DNS, 8 . The SEMI -TRAILER is-compatible with_ the surrounding area . 9 , _The SEMI -TRAILER has_c.urrent registration and license plates . Chapter 23 - Zoning code updates 3/6119 DRAFT Page 204 of 246 B . The zoninc permit shall not be transferable by the applicant and /or owner to any successor and shall terminate automatically upon conve. ance orlease of the ro erg . The SEMI -TRAILER shalt be removed from the - ro err or a new zoning permit snail be applied for and approved prior_to conveying or leasinp the property . Each recuest for a zoning permit shall include a statement by the applicant acknowledging that the zoning permit is only for the applicant to which the zoningsermit was issued . When required ,, a zoning Dern ' t for a Semi Trailer as aoo - - aI goods and nonagricu turah -cO9d-s in s4d a cet -'�r'-rrTi� r`�i 1 . Elcctr-i sis-th r y uti>ia - { icI i conrecte + I e sern44r iler-b-s r accessory storage7 will iot b i ; d s E I 1 h. i '+�-f�l�- �.-r ��►'^ �+�r��'' +�-- r-C�r� any -basis-5�a �--�.�*��-�- __ . . _ � +fir �� {�� rrl I G r�r tervrprrr�� 17 r r irtin or-any-person, 3. The property upon -which the semi t age- ocat -L AL LOT_ 4 . No-structural-component-of the semi trailer-used forairseessory storage will be rerneved-aSetreby result icy the- mi a =-long u n mo Ie 5. The semi-trailer-used for ac ssory -st-orag-e-wil o he allowed to deteriorate-in-tera-state of disrepair. Such d'i-sr-spa+r would fnc' ude , but not be it:ec. to , a sern . trail er =or accessory-storage partially or to:a_ly damaged ---nre., earthquake, -wind or other al cau-scs , or a so --tra her in a st � deteriorate - + ultin roe dalism-or Rfestat+on- n vermin or rod ent Any eucn semi- ,dal er s la be restorec .o anc maintained in the original condition upon being placed on the e ,hall--be removed from the site- 6 The sernr-trailer used e-will be removed-from the prop 7 . The semi-trailer-sec-for-accessory storage will-not-in any manner be u-sod to display sign-s-- 8 . The semi trailer-used-for accessory stor + -w i } the-surrounding area Sec . 23 -4 -910 . - Semi -trailer as accessory storage permit requirements . An application for a zoning permit for a e k Trakler_ s Gessory Storage SEMI -TRAILER as ACCESSORY storage shall inblude the following : A . Name, address and telephone number of the applicant. B . Name, address and telephone number of the owner of the land if different from Subsection A above . a Parcel number and legal description of the property for which the application is made . D . Evidence of interest in the subject land held by the applicant . E. Repealed . P . Number of acres of the property . G. Evidence that the se i paila EMI-TRAILER is currently licensed . H . Weld County Access Permit . I . A sketch plan of the site at the scale of one ( 1 ) inch represents fifty ( 50) feet or other suitable scale to show: 1 . The proposed location of the semi--der-SEMI-TRAILER including distances from the property LOT lines and other STRUCTURES on the property . 2 . Access to the semi trailer - EI II =TR ILER , including distances from the property LOT lines and other STRUCTURES on the property . 3 . Location and measurements of any easements or rights-of-way 4 Amount of road frontage& 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 recuirements set forth. in this Code. 5 . Identification of any County COUNTY , state or federal roads STREETS/ ROADS or highways 6 . Existing STRUCTURES on the property . Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 205 of 246 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 fey shall not t relieve and persons from frilly com dying with the recuirements 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-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 Cierk 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 234 -900 . ) This zoning permit stall not ,be-transferabl.e by t ,« Iican an r owner te-any successe the-er4n permit shall terminate at4tamaticalty upon s pwe an er : ease of the propel 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 referral agencies agencies listed in Appendix 23 -G , as determined by the Department of Planning_Services ervices for review and comment Agencies can inolude-t-he DepaFtmert oz Pudic Works and any-others-deemed necessary . The agencies s il- espond within twenty one ( 21) days after tie mailing of the—application .by the—G014—NT—L. The failure of any agency to respond within twenty -one j21 ) days may be deemed to be a favorable response . The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed USE. The COUNTY may consider all such reviews and comments and may solicit additional information if such information is deemed necessary; The reviews and comments submitted by a referral REFERRAL agency are recommendations to the COUNTY . B . Send a request for comment in support or opposition regarding the Zoning Permit for a Seff144- FacCarraGG066GP, 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 . Sec . 23 -4-930 . - Delegation of authority. A. The Board of County Commissioners delegates the authority to issue a zoning permit for a semiatrailer EMI - T ►_l_L. E _which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: 1 . The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made . 2 The Department of Planning Services has sent notice and has not received signed notification 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 Evii -TRAILER . If opposed , the petition shall indicate that the surrounding property owners who have signed the notification have objections to the issuance of a 7r%ninn permit fnr iaha r i tr iL r PMLTPAII F zoni E' ' '1�. rmi6 f nr the 's'Lia+'! ! ! ! l 4.r4! ! '&' 5 d !- 1 , ! 1 i 4 %! 'l.4LL- R . . B . If the Department of Planning Services denies the Permit, the applicant may appeal in writing to the Director of Planning Services, within ten CIO) days of receipt of the denial notice . A ;Reefing 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-trawler as accessory EVII -TRAILER as ACCESSORY storage, the Board of County Commissioners sham review the application for cornplrance with the criteria set out in this Section at a regularly scheduled meeting of the ward _ 1 . The Department of Planning Services wilt notify the applicant, granting ten ( 10 ) business days to determine if he or she wants to proceed with the application . Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 206 of 246 2 If the applicant notifies the Department of Planning Services of his or her desire to proceed with the application , the Department will request a hearing date and time from the Clerk to the Board and prepare a staff report. 3 . The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed , first-class , not less than ten. ( 10 ) days before the scheduled meeting . Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate) . Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even [f such error results in the failure of a surrounding property owner to receive such notification _ 4 . The Department of Panning Services shall post a sign for the applicant on the property in question indicating that one ( 1 ) se- i-tr-oiler as-accessory storage 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 Board of County Commissioners shat ' cotisicer ac stimony of surrounding property owners concerning e`e rise semi-trailer as accessory - e on the surrounding properties an compliance-with the criteria set out in this -Sectiom . The Department of Planning Services shall arrange for le al notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten OD) days prior_to► the hearing . 6 . The _Board of County Commissioners shall consider any. testimony of surrounding property owners concerninc the effects_ of the SEMI -TRAILER ER as ACCESSORY storage or _ the surrounding pro_perties and its COillphance with the criteria set out in this Section _ Division 12 - Parking and- Operation of Commercial vehicles Sec . 23-4-950 . - Intent and applicability. A. RaFk4ng and operation-of-one ( 1 ) COMMERCIAL "tted-on to :s in an approved or recorded subdivision pat,-or.. LOT which are pa#-of a map or-plan filed prier to- the adoption of any regu- -tiers controlling subdivisions in the gr:cu; tural ) Zon `D.i.stric+ ; nd-E -( Estate ) Zone Distr4ct,, through _ Vehicle Permit Where parking of a COMMERCIAL VEHICLE is ermined in Article III of this Chapter upon issuance of a zoning permit , the iermit 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 propert u on cessation of such USE.. 3 . The COMMERCIAL VEHICLE is compatible with the surrounding area . 4 . The COMMERCIAL VEHICLE has current recistration and license dates. 5 _ The application complies with this Division 12 . B . ( Repealed . ) - - reps err fc , Ring Permit for a-Commercial Velic1e may he pecrmi- - -up-o a termination that 1 . 1-he-property upon whichwhich- the-COMMERCIAL VEHICLE is located is a LEGAL LOT . 2 . - - he COMMERCIAL VEHICLE wide beaoved from the property upon cessation• of such USE., 3 _ The COM RCI _i E is compatible t surrounding-area Sec . 23 -4 -960 . - Commercial vehicle permit requirements . An apphcation for any Zoning Permit for a Coirr merci V-eh-iote COMMERCIAL VEHICLE required by this Division shag incllude the following : A. Name , address and telephone number of the applicant . E . Name , address and telephone number of the owner of the land if different from subsection A above . Chapter 23 Zoning code updates 3/6/ 19 DRAFT Page 207 of 246 C Evidence of interest in the subject land held by the applicant, such as a deed , lease agreement or similar evidence , legal description of the property for which the application is made. E . Number of acres of the property F . A sketch plan of the site at the scale of one ( 1 ) inch represents twenty (20) feet or other suitable scale to show: 1 . The proposed parking location of the commArGial vehicle COW/ ER I L VEHICLE , including distances from the property LOT lines and other STRUCTURES on the property . . Access to be utilized by the ommer-oiat- bile COMMERCIAL VEHICLE indicating whether the access is existing or proposed . 3 . !Location and measurements of any easements or rights -of-way . 4 . Weld County Access Permit . 5_ identification of any County COUNTY , state or federal roads STREETS /ROADS or highways , 6 . Existing STRUCTURES on the property . G . Ar application fee , F _ 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 yeh, icre 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 app ication subim iss an date _ I . This zoning permit shall not be transferable by the applicant andlor owner to any successor; the zoning permit shall terminate automatically upon conveyance or lease of the property _ k The COMMERCiAL iAL VEHICLE shall be recuired to maintain current registration and license late. See . 23 -4- 970 . Referral process . Upon determination that the application submittal is complete ,, the Department of Planning Services shall: , , Refer the application to applicable referral agencies agencies listed_ in Appendix 23` 4 , as determined by the Department of Planning Services for review and commert Agencies can include the Department of Public or and--any others- cleerned necessary. The agencies s e en witiin twenty one (2-4-' ) days-after the iia ling of the application by the COUNTY. The failure of any agency to respond within twenty-one ( 21 ) days may be dccrncd to'_be a favarablc response .. Ti he r vic s 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 -t REFERRAL agency are recommendations to the COUNTY . B . Send a request for comment in support or opposition regarding the Zoning Permit a COMMERCIAL VEHICLE to those persons listed in the application as owners of property located within five hundred ( 500 ) feet of the parcel under consideration . Such notification shall be mailed , first-class, upon receipt of the application . Inadvertent errors by the applicant in supplying such. list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permitting process , even if such error results in the failure of a surrounding property owner to receive such notification _ Sec . 234-980 . - Delegation of authority. A. The Board of County Commissioners delegates the authority to issue a zoning permit for a aommectial-vehicle COVMERCIAL VEHICLE which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that : 1 . The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being Ti ade . Chapter 23 — Zoning code updates 316i19 DRAFT Page 208 of 246 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 corrmerci-atevehicle COMMERCIAL VEHICLE . If opposed , the petition shall indicate that the surrounding property owners who have signed the notification have objections to the issuance of a zoning permit for the cammerc -al-v-eh ie COMMERCIAL VEHICLE . B . If the Department of Planning Services denies the Permit the applicant may appeal in writing to the Director of Planning Services , witftn ten ( 1 C ) days of receipt of the denial notice. A cneeting 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 . If the Department of Planning Services does receive signed notification that thirty percent (30 % ) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a COMMERCIAL VEHICLE , then the Board of County Commissioners shall review the application for compliance with the criteria set out in this Section at a regularly scheduled meeting of the Board : 1 . The Department of Planning Services will notify the applicant, granting ten ( 10 ) business days to determine if he or she wants to proceed with the application , 2 . if the applicant notifies the Department of Planning Services of his or her desire to proceed with the application , the Department will request a hearing date and bme from the Clerk to the Board and prepare a staff report. 3 . The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration . Such notification shall be rnauied , first-class , riot 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 nntlfir;tbnn 4. The Department of Planning Services shall post a sign for the applicant on the property in question , indicating that one ( 1 ) commercial vehic-e 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 Boar - - issioCommissioners shstimony of surrounding property awnefs +e t - 8 acts of l --CGMMERCIAL VEH1 . -rr+oun{ding propers and its compliance nce with the criteria s.e1arT The Department of Planning Services shall arrant e for legal notice of said hea.rinq to be published in the newspaper desionated by the Board of County Commissioners for ublication of notices at least ten (10 days prior to the hearing . - 6 . The Board of= nty Commissioners shall consider any testimony of surrounding property owners concernin the effects of the COMMERCIAL VEHICLE on the surroundingrop_ ert,ies and its compliance with the criteria set out in this Section . Division 1 a Home Occupation - Class II Permits Sec . 23 -4-990 . - Home Occupation - Class H- permit requirements . A. Intent. A HOME OCCUPATION —CLASS Zoning Perrnit shall be obtained for any HOME OCCUPATION falling within the definition of a HOME OCCUPATION CLASS II operation . The Board of County Commissioners delegates the authority and responsibility for prpces.sinr and ap ►rovingthe zoning permit to the Denartrnent of Planning Services. The Department of Planning Services shar also have the responsibility of ensurinc that all application submittal requirements are met prior to initi.atiriq any official action ,. B . Application requirements . An application for any zoning permit for a HOME OCCUPATION required oy this Division shall include the following : 1 . Name, address and telephone number of the applicant . 2 . Name , address and telephone number of the owner of the land if different from Paragraph 1 above applicant. Chapter 2 - Zoning code updates 3/6/ 19 DRAFT Page tog of 246 3 . A copy a '_ the most recent deed to the property and , if the applicant is not the proper' owner, evidence of interest in the subject land held by the applicant, such as a deed; lease agreement or similar evidence . 4 . ( Repealed . Combined with item 3 above . ) A copy of a de I-@rI a.I--instr i • iflling t � � p l - rider cony-s-i cation 5 _ Number of acres of the property . 6 . The application for a H. OME _QCCU ' TTI N —_C1 1I_shal1 incliude_a A sketch plan of the site at the scale of one ( 1 ) inch represents twenty ( 20 ) feet, or other Suitable scale , to show: a . The proposed parking location of the-any commercial veh-i -e--COMMM 'ERCI L VEHI LL s( f applicable ) , including distances from the property LOT lines and other STRUCTURES on the property . NJotwitbstanding any section of this Code to the contrary; a CLASS II HOME OCCUPATION rray include up to two ( 2 ) associated COMMERCIAL VEHIH0LS . b. Access to be utilized, by-the-commercial vehicle-Of ap -iea-ble- indicating whether the access its existing or proposed . c , Location and measurements of any easements or rights-of-way . d . (Repealed . See number 13 below. ) A Weld County Access Perrn4 e. Identification of any Gettity COUNTY , state or federal wads STREETS/ROADS or highways _ f. Existing STRUCTUR S on the property . g . The STRUCTURES in which the HOME OCCUPATION shall be operated shall be appropriately labeled . The total area of use USE shall also be delineated . 7 . An application fee, 6 . The requirerr ems ot- tf*s i 1e require the aookeacit=to provide a The application for a_ HOME OCCUPATION — CLASS II shall include a certified list of the names, addresses and the corresponding Parcel Identification Number assigned by they 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 assennbied from the records of the County Assessor, the applicant shall certify that such ist was assembled within thirty ( 30 ) days of the application submission date , Inadvertent errors by the applicant in supplying such list, or the Department of Planninc 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 surrogntng property owner to receive such notification _ 9 . Whether the property is situated within a subdivision SUBDIVISION regulated by a Homeowners Association ( HOA) . If applicable, contact information shall be provided . 10 , Acknowledgement that this zoning permit shall not be transferable by the applicant and/or owner to any successor^ the zoning permit shall terminate automatically upon conveyance or lease of the property_ 11 . Evidence that a water supply iof sufficient quality , quantity and dependability will betis available to serve the proposed let LOT and use USE , if applicable . A letter from a water district or municipality or a well permit are examples of evidence for domestic use . 12 . A statement explaining that the proposed lots will/do have---property has or will have adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district UNDERLYING ZONING DISTRICT and the Department of Public Health and Environment, if applicable . An existing septic system permit or a copy of a getter from; a sanitation sewer district indicating existing service or availability of sewage disposal to each proposed lot 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 Comniissioners for a CLASS II HOME OCCUPATION zoning permit . Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 210 of 246 . • Bo ard oard o' . our: an ing . the zoning- rein-shad also have the responsibility of ensuriRg that all application sutrPPFSirernents are met prior-to initiating any official action,-once a complete appFca+ion COMPLETE APPLICATION is submitted for a CLASS II HOME OCCUPATION , the Department of Planning Services shall refer the application to the a plicab1e acer cies Jisted in Appendix 23-G . as determined by the Department of Planning Services send the application to � � ��r rati r i,��,a R - ! - T. - - - - iac r�,r► referral ag�encie I r-1 �d within twenty eight (28) day tm is mailed The failure of any agency to respond within twenty-eight (28 ) days may be deemed a favorable response . All refer REFERRAL agency review comments are considered recommendations to the County COUNTY. The authority and responsibility for approval and denial of a zoning permit rests with the County ! UNTY. : The. nt of Planning Services shall refer the application to. _ ��- any-agencies or individuals wiose review e Board of County-C -r- -insione-rs n. ce r� _ The Department of PlanninQServices shall send notice mailed first-class . to owners of LOTS within five hundred ( 500 ) feet of the subject property notifyinc them of the application and their opportunity to object to the issuance of the zoniincpermit, which shall be submitted by return inq the signed f=orm sent bj the Department of Nanning Services within twenty-eight ( ) days. 3. If the Department of Planning Services receives objections from the owners of at [east 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 zoninc ;2er.mit shall be denied by the Department of Planning Services . 4 . The County Planner-shall pre-? • - of a complete appR bail a i but not limited to comment received from agencies :to which the e€- po • aids contained in this Article.- The Department of Planning Services shall _notify the applicant of the obdections and the denial of the zoning permit, The Department of Planning Services shall also rovide the applicant comments received from REFERRAL acencies . The aoplicant 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 M 0 ) days , the denial shah be final . If ap )ealad , the following process shall be followed : a . A public_ nearing 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 properly at least ten ( 101i days pripir_ to the hearing . The Department of Planning Services shall also notify the REFERRAL acencie _yith comments of the hearing.:_ b. The Department of Planning Services shall post a sun_on the property in c ►uestion indieatinc a zoninc permit has been requested for the property , the hearing date , and telephone number where further information ma 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 leca ' notice of said hearing to be Published in the _newspaper designated by the Board of County Commissioners for publication of notices at least ten .� �� s prior to the hearing . ---- --- ----- d . The Board of County Commissioners shall consider any _testimony of owners of surrounding property and REFERRAL agencies concernin the effects of the zon in g ppermit on the NEIGHBORHOOD and its compliance with the applicabile criteria_set_out in this Code. . Following the public hearing , the Board of County Commissioners shall pass a resolution affirmiric_its decision as to whether to approve or deny the zon Inc. permit_ The decision of the Board shall be final Notice is not required by state statute and is provided as a courtes to surrounding Dropey owners, Inadvertent errors by the applicant in supplying such list or the De 'artment of Planning Services in sending such notice shall not create a urisdi tional defect in the permit process even if such error results in the failure of a surrounding_ roperty owner to receive such notification . 5 . When : in the opinion of the Dopar ent-ot-Ranning e es "--a•p ar1-t has not metone-- ) or more of the--standa =s of Paragraphs 23-4-990111 . through 8 . --of - this Section , andior— ative responses are received from at I pct thirty per 9 - ers within five-hundred ( 500) feet of the subject , e-- cirtieduled - before the Board of- Count or s i s , . The approval of the zoning permit may be conditioned or - restricted to carry out the intent of this Chapter or to Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 211 of 246 mitigate impacts or address concerns of 'REFERRAL agencies or neighboring property owners . Conditions of approval shall be met prier to recordinc the perrnwtlac regiment, and restrictions may be enforced by means of conditions in the __pormitlacreernent. If approved , the Department of Planning Services shall prepare a permit/agreement. The perrnitJagreement shall address all aspects of the application , including but not limited to conditions or restrictions and the standards contained in this Article , 6 . ; Repealed . The Board of County rni ioners---shall bold a tublic hearing to consoler the 30r appikeation ano to take final action thereon-if the Planning-Services-staff has determined that :he application has n . . -_ through 8 f this Section . The Board of County Comaar-&-clecisgon s-ia l• cons. cer tie 'ago ame cz :)on of-kh PlanninServices-staff-referral agency responses, the- a pfi n=Ease file and-fort ty Commissioners-shall approv-e the ec 1 . th t-th-e- applicant has not met one ( i ) -or--moce of the standards listed-in this-Sa tion- ( Repealedd k-penrnititagreement shah--:ore orepareo after an application is- appreved and a concitions of D . Duties of--tie Board of minty Commissioners , The Board of County - n � iGners shall hear th, li at a regularly scheduled r eet+rig- of-the Board if the apprica wioi does lot meet - ie cr= .:er°a s:a e cctions through C . above-and , eGtIon 23 - 1 -- .rtet� ',r-► rrs.r�-�1s-s1 - hall give notice 41-the applicatio4 for a zoninng-parrnirrand the meeting date to those persons listed in-the-application as owners of property located within five hundred ( 500 ) feet of the parce under consideration . Such noti`icatior- shall-be -led fi:r t slams` lei hedu ! ed meeting , Such-notice-is not required by state statute-an ` o . . 'rGun ing- property- owners (the surface estate) 1n24v-ertent errors-by the applicant in supplying such list , or the--D►epa4m ent of--Plannin er-vices in sending such notice ; shall not crcrite a jurisdictional defect in the-perm-it-process , even if such-error such notification . The Department of Planning Servi r -tl e applicant-on-the property in question indicating that a HOVE OCCUPATION TION Clan or the prope yT the meeting date and te-ephe4e &nurnbc r wherarther inf .e-g-;-shall be posted at least ten-OO)-days prior to-the meetin - i • ce wit pint raph, The Board of Cou Cornm-issieners shall consider any testimony of surrounding property owners ccn er g--the effects of the HOVE OCCUPATION on surrounding properties, The-B0_ o '61 misslioneradonsder the fallowing-factors-I rev 3p , for a permit for • . I , ME PAT-ON - Class II : Approval or denial of the zoninc permit for a HOME OCCUPATION shall be based on the following criteria : 1 . Compatibility with surrounding ar a, harmony with the character of the NEIGHBORHOOD and its effects u pon the immediate area . The proposal is consistent with the policies and goals of Chapter 22 of this Code... , Availability of adequate water and sewage disposal facilities . 4 . The general health , safety aril welfare of-itho-iril4obitants of the are and the COUNTY . The HOME OCCUPATION shall not Great an ne ativeimpacts tp the public health , safety and general welfare of the n eighboring property ownerscasuch 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 n oticeable off the LOT , 5 _ The proposal is consistent with the definition as-expressed in Section 23- 1 -90 of this Chapter, apter, a ) ( Repealed .) approval-of-the zoning permit may be co t- n►ed or res:ricted ,o carry out the intent of Section 23- 1 -90 of this Chapter or to rn tigate i paets or addrecc concerns of referral agencies , Con-d-itions of approval- -hall be metprior=-t eel enforced- r ea -s-in-the mitiagreerner44- 6 . ' 6 . ( Repealed ) . The-application complies with any-Homeowners s-soeiation ( I-IO )-stan s,►fap-ptl -ble 7. The proposed zoning permit complies with this Division 13 of this Article . a _ An access is or can be made availablle that provides for safe ingress and egress to a public road PUBLIC STREET/ROAD, All accesses shall be in accordance with Chapter-21 2 le V of the access requirements set forth in this Code . , and -shal'l endeavor-to-achieve the goo' -+a e " r et in-area-se" the-number er of-accesses onto adjacent Courty roads when aeGesses already exist, Chapter 2 - Zoning code updates 3/6/19 DRAFT Page 212 of 246 cs -a we-rat to a state highway, ale Co c-raco Department of Transportation is NJ jurisdiction over existing ac- ;alb resoors ble for obtaining a new Access Permit frog the Colorado -Depact.r e t ,ref Trar cpor�-far- e 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 b the members of the LIVING UNIT of the D'" ELL . G UNIT . A CLASS 1il HOME OCCUPATION shall be conducted b + the members of the LIVING UNIT of the DWELLING UNIT plus no more than tvve_ ( 2 ) external employees , G . There shall only be incidental sales of stocks , supplies or products conducted on the premises , ICI . Sic nave for a CLASS I HOME OCCUPATION may consist of a maximum of one 1 ) noniIllumirated sign no more than one 1 s uare foot in size which shall be attached to the face of the DWELLING UNIT. Si ; na e for a CLASS II HOME OCCUPATION may consist of a maximum of one 1 ' nonillumdnated 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 a . m . for a CLASS II HOME OCCUPATION and for a CLASS I HOME OCCUPATION , FAMILY H LD CARE HOME . J . A CLASSII HOME OCCUPATION shall not produce traffic _volumes of more than sixteen ( 16 ) average daily tri _ s ei ht 8) round tri s , e clucIin the traffic roduced by the DWELLING UNIT. K. HOME OCCUPATIONS shall be conducted rimaril indoors_ A HOME OCCUPATION _ may utilize up to fifty (50 ) percent of the-GROSS FLOOR AREA of a DWELLING UNIT and up to fifty f50) percent of the GROSS FLOOR AREA of ACCESSORY BUILDINGS on the property" . L , There shall be no OUTDOOR STORAGE , display or sales of materials , cam. supplies or equipment related to the operation of such HOME OCCUPATION , nor of any bichly explosive or combustible materials . Division 14 - Cultivation , Manufacture, Distribution and Sale of Medical or Recreational Marijuana or Marijuana -Infused Products [2] taccRefer to Chapter 1r Article VII , of the Weld County Code . Division 15 - Solar Facility Sec . 2344030 . - 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 Spa Review Permit for a Sonar Facility in addition to those uriter-ia enumerated in Chapter 23 , Article Ili Division 4 and its impact on prince agricultural land which is defined as soils with agricultural capability classifications of 14 II and in as indicated on maps completed by the U . S . D . A . Natural Resource Service . 9 , A Decommissioning Plan . Adequate financial assurance to cover the decommissioning of the facility may be required as a condition of approval of the Decommissioning Plan _ 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 lancscaping plan can be prescribed for ahh developments due to differing land features , topography and soils , these guidelines encourage flexible and creative landscape designs . Landscaping/ ear ng SCREENING shall include, at a minimum , decorative fencing , burring , and/or vegetation such that the facility is aesthetically pleasing as viewed from adjacent-ADJACENT properties and rgts-oy RIGHTS -OF-' A ' . a All reasonable alternatives to the proposed location have been adequately assessed , and the proposed action is consistent with the best interests of the people of the County and represents a balanced use USE of resources in the affected area . E, The nature and location or expansion of the facility will not unreasonably interfere with any irrigation systems on or adjacent to the solar facility. Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 213 of 246 F . No outdoor-storage-OUTDOOR STORAGE of any materials and equipment including , but not limited to , solar panels and support structures STRUCTURES not in operation will be allowed _ G _ No equipment associated with the solar facility shall be located nearer than thirty ( 30 ) feet to the boundary of ADJACENT properties, Irrigation ditches and/or rights of way RIGHTS -OF -WAY . The Board of County Commissioners may set a greater distance than mentioned above when , in its opinion , it is justified . H . A Property Maintenance Plan is required for the facility . The Property Maintenance Plan shall address dust, weeds and erosion . The property shall be maintained in such a manner as to control dust. weeds and drainage that could cause erosion . Division 16 - Cargo containers Sec , 23 -41100 . - _ rg o ont iner s _u ed for storacier, 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 follo►winc 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 aswater 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 i:s 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, An _ such CARGO CONTAINER shall be restored to , and maintained in , the oricinal condition it vvlas in at the time it was placed on the site as established by the one inal inspection by the Department of Building Inspection, or it shall be removed from the sita -. C . CARGO CONTAINERS shall not be stacked on top of each other. D . A CARGO CONTAINER shall not be USED in any manner to display a SIGN Division 17 — Zoning Permits_for ertain _ Uses in the Agricultural Zone District Sec . 234-1200.- Uses requiring ,zoning permits in the agricultural zone district A. A zonh _ permit for USES listed in Article. III as recuirin issuance of a zonine ermit under this Division 17 ma be approved if the USE complies with the criteria herein . The Board of County Commissioners delegates the aSresponsibility 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 pter 23 . If the Director of Planninc 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 includei 1 . The subject property is a LEGAL LOT. 2 . The application complies or will comply with the conditions in Section 23-4- 1730 below . 3. The roppsed USE is compatible with ap Dlicable provisions of ChaWer 22 of this Code . 4 . Adequate water and sewage disposal faci it est as applicabit shall be available . 5 . Adequate fire protection measures are available on the site for the_ STRUCTUR ES and facilities proposed . B . The proposed USE is comp tible with the character of the NEIGHBORHOOD . 7. The proposed USE is compatible with the general health, safety and welfare of the inhabitants of the area and the COUNTY . 8 .. The application compiles withany requirements the Director of Planning Services deems necessary in order to mitigate adverse effects of the USE on _the NEIGHBORHOOD . Chapter 23 - Zoning code updates 3/6119 DRAFT Page 214 of 246 a The proposed USE has adequate access and STREET/ROAD or highway facilities Drovic in 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 _recuest, the applicant has demonstrated compliancewith the applicable standards: a It the proposed USE is located within any OVERLA ZONING DISTRICT or SPECIAL FLOOD 11AZAHD AR A_ identi_fied by maps officially adopted by the COUNTY the applicant shall demonstrate conloliance 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 . resent or future extraction of such de osit b an EXTRACTOR to any greater extent than under the present USE of the property - . c If soil conditions on the site are such that the 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 ___O_-Ore. applicant and/or the applicant's successors or assnsr to the DEVELOPMENT of the property, B . A preapplication conference with the Department of Planninc Services may be recuired , C . If a oproved , the zonknc permit, incJudir conditions of approval and the Zoning_Permit Plan shall be recorded by the Department of Planning Services prior to commencement of the USE or construction , The a Dolicant shall pay the recording fees If the required documents have not been recorded within ninety 90 days from the date of approval or iif an applicant is unwilling or unable to meet an of the conditions within ninet _ ` so ' da s of a oroval the Director of Planning Servtces may refer the application to the Board of CountyCommissioners, which ma ' revoke the zoning permit following a public hearing . The applicant shall be notified of the pu.klic hearing at least ten ( 10 ) days prior to the hearing , Prior to said hearing , the Director of Planning Services may- __ . rant a one-time extension of up- to ninety ti 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 b the dates ecified b the Board the zonin _ permit approval shall be voided , and the application denied . Seto 23-44210 . - Operation s ndar+ds . The ap ' licant shall demonstrate conformance with the followinc operation standards in the zoninc 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 thesq standar'ds . A. The operation of the USES_ shall cpMplyr with the noise standards enumerated in Section 25- 12- 101 , et seg - , C R . S. B. The operation of thethe_ LISES shall comply with the air quality regulation promulgated bit/ 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 . a_ The USES shall corn oly with the follcwinp lic_hti nc_ standards : 1 _ Sources of light, including light from hi h-temperature ,processes such as combustion or weld inch shall be shielded so that Iiciht ra s will not shine directly onto ADJACENT properties where such would cause a nuisance or interfere with the USE on the ADJACENT _ erties.; and 2 . Neither direct nor reflected_ light from any Fait source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS /ROADs and no colored lic hts may be used which mass/ 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 �gr�ass�es and weeds are not permitted to grow taller than twelve ,( 1 p inches . In no event shall the p perty owner allow the growth of NOXIOUS WEEDS . Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 215 of 246 G . The applicant shall orovide a narrative or preliminary drainage study in accordance with the stormwater drainage criteria requirements of this code . F. Any off-site and on-site Improvements Agreement shah be made in conformance with the County policy. on collateral for improvements. Sec . 234422a. a Application requirements . The following shall be submitted as a part of a Zoninc ipiermit apolication : 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 subje tproperty . 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 surnrnary statement of the project including . as arplFcable : 1 , A description of the- pro ose USE_ 2 . Proposed hours of operation . 3 . The number of employees associated with the USE , and whether they are residents of the_ _p.ro erty. 4. Anticipated traffic. 5., A description of anticipated public events , if any , including anticipated number of attendees . C . A Zoninc Permit Plan of the pro3erty , a draft of which shall be submitted in electronic r . pdfj format and if approved shall be submitted on isilylar or other drafting media approved by the Department of Planning Services. The Zoninc Permit Plan shall include , as a plicable : 1 . Existing and pro Dosed STRUCTURES and anroximate distances to the nearest property lies_. All STRUCTURES to be USED in con - unctiiar with the zoning- permit shall meet current SETBACKS and OFFSETS, 2 . Existing and proposed access . Access shall comply with the requirements of Chapter 12 of this Code _ 3 . Existing and proposed parking areas, including surface material , number , and dimensions of spaces and dive aisles. Parking shall comply with Article IV , Division I of this code as applicable. 4 . Existing and proposed landscaping and SCREENING . Bufferinq 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 code as applicable . 6 . Other existing and proposed improvements. 7 . The Zoning Permit Plan shall bear the following certifications . a . Property owner's certificate : I , the undersigned , certify that the uses , buildings and structures located on this Zoning Permit Plan are designed and will be constructed and operated in accordance with the development standards hereon and the district requirements for the Zone District as stated in ChaDter 23 of the VVeld 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 Countt initigtinc a compliance action ap ainst iLe or mfr successors .. Signature of Property Owner The foregoing instrument was subscribed and sworn tc be before me this day of , by Chapter 23 a Zoning code updates 3/6/19 DRAFT Page 216 of 246 WITNESS my hand and official seal. commission expire$ Notary Public b . _ Department of Planning_ Services ' Administrative Review Certificate : This Zoning Permit Plan is accepted and approved for filing _ Director of Planning SeReices The forecoinq certificate was_ acknowledged before me this day of b ' WITNESS my hand and official seal . My corn_mission 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 , emit or bill from a water district, municipalit y . or the Division- of W ater Resources are examples of evidence E . Evidence that adequate means for the disNasal of se ace for the proposed USE is or will be available in conlptiance with the requirements of the zone district and the Department of Public Health and Environment, if applicable. F . A copy of a deed or le - alp instrument identifying the applicant' s interest in the property under consideration . A certified list of the names , addresses and the correspondinc Parcel identification plumbers assigned by the County Assessor of the owners of LOTS within five hundred ( SO) feet of the property sub cot to the application . The source of such list sha I 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 assembles 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 . l The names and addresses of an owner, o rerator, or user of any irrieation ditch , lateral , or pipeline that traverses the property . J . The application fee . Inv'e ti ation fee , if applicable An additional fifty :• 5O ) 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 rlieye_ an ► persons from fully complying with the requirements of this Chapter, nor from any other penalties , . Sec. 23-41230 . - Notification and appeal of denial . A . Once an application that is sub: pot of this Divisiion 17 is deemed complete by the Department of Planning Services the Department of Planning Services shall send the application to applicable a encies 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 res once . All REFERRAL agency review comments are considered recommendations , The author-it andresponsibility for a royal 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 i` 5 �00 ) feet of the subject property notifying them of the application and their osDortunitv to o "ect to the issuance of the zon_inc permit, which shall be_ submitted _by returning the sicned form sent Illy the Department of Planning Services within twenty-eight (28) days , Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 217 of 246 Within si cty16Q_L days of receiving a complete aPPlicatiQn the _Department of_Planning Services shalt provide a written report to the a licant_an_l provide the applicant comments received from REFERRAL acencies and any obns received from the property owners notified . The applicant shall be civen the opportunity to revise the mplication taaddress the concerns raised . If the Director of Planning Services is satisfied with the applicant"s efforts to�address all concerns , the Director of Planning erv►ice may► approve the zoracant 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 Cornmiss onersior 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 ap t licant and owners of LOTS within five hundred 500 feet of the sub?ect p ro pert at least ten (10) days prior to the hearing . REFERRAL agencies with comments shall also be notified at least ten Oa ; days prior to the hearing . 2 . The Department of Planning Services shall post a sign on the subbect property indicating a heari:nc_ has been scheduled , the hearing date. and telephone number where further information may be obtained. The sign shall be posted at least ten it 10 ) days prior to the hearing date and evidenced with a photograph . The Department of Planning Services shall arrange for legal notice of said hearing to be published shed in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing . 4 . The Board of County Commissioners shall hold a public hearing and consider testimony of owners of surrounding property and REFERRAL agencies concerning the effects of the zoning permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out in this Code. 5 . Following the public hearing , the Board of County Commissioners shall pass a resolution affirming its decision as to whether to pprove or deny the zoning permit. The decision of the Board shall be final . , 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 . 23-44240 . - Conditions , enforcement. and revocation of zoninc rerm1t. A . USES approved through this Division 17 shall also be subiect 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 , smcke,_ dust ,: odors ,. lithtinc , traffic concestion , trash accumulation , heat, c are, electrical interference, or other hazard or nuisance noticeable beyond the sub= ect Dro3ertV 's boundaries C , Theproperty owner shall maintain compliance with all applicable local , state and federal regulations: a The Department of Planning Services may place conditions on the issuance of the zoning permit to ensure compliance wits_ applicable ployisions of this code or to mitigate negative impacts of the proposed USE . L Construction or USE pursuant to issuance of a zoninc permit shall be commenced within three (3) years from the date of approval or the permit. A one-time extension of ore hundred twenty ( 120 ) days may be granted by the Department of Planning Service for good cause shown by written request. Before this extension has a pire ,_the applicant may seek a further extension from the Board of County. Commissioners by written recuest 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 b the date specified by the Board , the zoning permit approval shall be voided , and the application denied . F . Any zoning permit may be revoked by the Board of County Commissioners for VIOLATION of any of the terms of this Division 17 or conditions of a,oproval of the zoning_permit following a Probable Cause Hearing_ as outlined in Section 2-4-40 of this Code If the zoninc permit is revoked , the ro ert owner shall cease o eration of the USE immediately, Continued o aeration of the USE after a zoninc permit has_been revoked shall all be a VIOLATION of this Code. G . The Director of Planning Services may revoke a zoning permit if the USE is discontinued for a period of three ( 3 consecutive years . Should the Department of Planning._ ervrices observe or receive credible evidence of such_a Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 218 of 246 discontinuance , the Department _ shall notify the oro ecty owner by first-class mail . If the property owner objects to the revocation of the zoning permit within thirty x'30 ) days , the Director of Planning Services may schedule a public hearing before the Board of County Commissioners for its revge + and decision . The aoolicant shall be notified of the public hearing_ at least ten ( 10 ) dates prior to the hearing, H . The Department of Planning Services may permit minor amendments to an approved zoninc permit without a complete application for a new zoning permit , notification to surrounding property owners , or REFERRAL, to acencies _ The aDpricant shale -provide a written summary of the proposed amendments) 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 zoninc permit . Any USE listed in Article 'llI as repuirin 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 obtainin a zonin emit 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 Dreoedinc Subsection . ARTICLE V - Overlay Districts Division I - - P ( Airport) Overlay District Sec. 234-10 . - Definitions . As-u-s d in this Division , unless-the -context-other-wise requires; For the purposes of this Article V, certain terms or words used herein shall be interpreted as defined in Section 23-1 -90 , AIRPORT: reeley 'mart , located ire- e i ,aeo Secs o is 26 anc 36 , 76 , 3,65W of c fth P AA ‘,A,"r J 1 Cnr inter Crtinrn,rin ' t the 'S1! I IV'A . 4r.IYa "V Ll \41 ,It jf L1'cILf1 LYL.ILf . AIRPORT ELEVATION: The hest-point-on-the usable lancing °ea ( four thousand six hundred ninety-seven-[1 , 69-71 feet above sea level AIRPORT REFERENCE POINT: The poi + establ;sned the rgeog p o cen er of theataier , lan ' room The reference point at re ley-Weld n- y--Awperf--i s a point-tom-one--t-h o i. sa i o ( 31 , 000 ) fe - f Sew 2 , T N , RSSW of the 6-ths . M.,''+ eld--Cou-n-ty oto-r-ad-o , and two thousand two hundred o~fte north line of . , r. a eogr-a-phic coordinates are Latitude l ou- 26' -north and Longitude 104U 7 -fl est . APPROACH SURFACE; A su tared on the extended runway centerline -end+ outward and-upwa r-d frees--t e-nd-of the pr a h sam -e-slope as the approach zone height limitation- s-lope set forth in- this Section. In planthe perimeter-- ef-the-approach surface ootogde- t - ;- .a f- approach zone . APPROACK TRANSITIONAL, 0 IZo T L AND GOA4CAL ZONES: These zones are set forte in Section 23-5-20 below , —CON/CAL SURFACE A sufra xzend4ng-ou -e-r-d and upward from the -per-i-piery of-the-horizontal surface at a=-slope of twenty-RD ) to one ( 1 ) for eriz -to-I of-=our tousand (i3OO0►'=feet �� ►� �� ,� �� ►1�1 � 9 �r _ , - -� n obstruction- determined to have a-substa-ntaradverse_effec₹ on the-safe and efficient utlizaton of the-navigable airspace . HEIGHT: For-the—pose of de I . this Section and shown-4n the zoning—map, the a:um s a I be MEAN SEA LEVELe4vation unless otherwise s-pecified . HORIZONTAL SURFACE: -hor+zo a p e-eye hundred fifty ( 150)--feet above the established airport elevation , the perimeter of wh-ic-h- i-n= plan--coincides wit HI-e-p ri me . t ri I ne-(four thousand-eight hundred fee y-448'4 oT feet-above sea-tevei-c -: is constructed for and intended to--moused- y propeller driven alrcrof-t ogr to lve thousand-five hundred- 02 ,50000u 0ou ids maximum gross eight---a4c! let powered aircraft- NONCONFORMING USE: Any preexisting STRUCTURE, object of natural growth or use of-laad-_a hi isions of-this Chapter-or OBSTR, IO C ; tu-re , growth or other object, including a mobile object, wiich exceeds a lime 1ng -ham set forth in Section 23-5-30 below- Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 219 of 246 PERSON: An i 4 T ' , 0, -corporation , company, association , joint stock association Gle gcv-e nr s en ty;--iriclLfdes a trustee- a receiver , an assignee or a s oilar= representative of any of hem-. PRECISION INSTRUMENT RUNWAY: Gh-precieckire-Jutilizing _ f 1. � rtirl � r�r, ��. an- Inst-rurne ys IL - At a-Iso niean_s-- _ runwaynfor which-a-precision -approach system is planned and is-so-indicated on- an-approved -a:l rpoat-la ut ' a n c-a of is nn i-ng--docu m t; PR/MARY L/P'P G3 A surface Itn i- ily-cen tered on a RUNWAY c extending pro hundred (200) feet bey-on , crea e - _ . f the nearest=p -r t-a-n-a - R rl ne he width -of a primary surfaefeLisi 1 . red fi• •,_feet for :RUM - 'sue , appr-eaches . 2---One thousand - } , RUNWAY: A defined-area on- an-airport prepared for-landing and -takeoff of aircraft along its length . n-object, including a mobile object, constructed or installed by man ! including but without limitation , BUILDINGS ,,, towers , cranes, smokestacks, earth-formation and overhead TRANSMISSION ION LINES . TRANSITIONAL R CE: These surfaces exten4euzward at ninety - de re angles to the RUNWAY centerline and the RUNWAY centerline eaten c ed - t a slope of seven-(71 feet horizontally tor_ each one --foot vertically-from the sides of the primary and approach su act®where :hey intersect the Ynorizontal and conical-surfaces , • gh- and beyond the 144trits of the Geriieral-sustaGerextencl a distance offive thousand (5, 0-001 feet measured horizontally from the edge of the ao,aroach surface and at n nety degree angles to the extended RUNW centerlin : TREE: A n y erect of-r-tat cai cowth , 'TiLIT ` RU A . - A RUNWAY -that -is-corstructed for-and .:nten flused--her- propeller-driven, aircraft of t elve--t usa tic five huncrec ( f 2 , 500 ) pounds n -xi u = ress ig14-and-less. Vi rSY: A RUNWAY intended solely for t • 2 uai approach-procedures . Sec . 23Z-20 .. — Greeley -Weld Counts( Airport por t zones . In order to carry out the previsions of this chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach-surfaces APPROACH SURFACES , transitional surfaces TRANSITIONAL SURFACES , horizontal surfaces HORIZONTAL SURFACES and conical surfaces CONICAL SURFACES ES as they apply to the Greeley-Wet County Airport GREELEY-WELD COUNTY AIRPORT. Such zones are shown on the Greeley = Weld County Aim GREELEY4NELO COUNTY AIRPORT Airspace ( FAR Part 77 Surface) , being Exhibit IV of the document entitled , "Airport Master Plan , " dated December 15 , 2003 , a copy of which is on file at the Clerk to the Board ' s office and the Department of Planning Services . An area located in more than one ( 1 ) of the following zones is considered to be only in the zone with the more restrictive height. HEIGHT limitation . The various zones are hereby established and defined as follows: A . Utility Runway Visual Approach Zone : The inner edge of this approach zone APPROACH ZONE coincides with the width of the Kaimaiiit-sucface PRIMARY SURFACE and is two hundred fifty (250 ) feet wide. The approach zone-APPROACH ZONE expands outward uniformly to a width of one thousand two hundred fifty ( 1 , 250) feet at a horizontal distance of five thousand ( 5 , 000 ) feet from the primary surface PRIMARY SURFACE. Its centerline is the continuation of the centerline of the RUNWAY . B . Runway Larger Than Utility Visual Approach Zone: The inner edge of this approacl; zone ,APPROACH ZONE. coincides with the width of the printiaryasurface PRIMARY SURFACE and is one thousand ( 1 , 000 ) feet wide. The approach zone APPROACH ZONE expands outward uniformly to a width of one thousand five hundred 0 , 500 ) feet at a horizontal distance of five thousand ( 5 ,000) feet from the primary-surface PRIMARY SURFACE . Its centerline is the continuation of the centerline of the RUNWAY. C. Precision Instrument Runway Approach Zone: The inner edge of this approach zone APPROACH ZONE Coincides with the width of the primary surface PRIMARY SURFACE and is one thousand ( i3OD0) feetwde . The approach zone 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 PRIMARY SURFACE . Its center ine is the continuation of the 'centerline of the RUNWAY, a Transitional Zone: The transi-tonal zones TRANSITIONAL ZONES are the areas beneath the transitional sues TRANSITIONAL SUSURFACES . E . HorizontalZone : The horizontal zone HORIZONTAL ZONE is established by swinging arcs of five thousand . j (5, 000) feett radii for aIN RU �I�wAY designated utility or visual and ten thousand 10 , 00Q feet for ethers from the center of each end of the primacy su fa PRIMARY SURFACE of each RUNWAY and connecting the adjacent arcs by drawing fines tangent to those arcs , The tior�zon-tal zone HORIZONTAL ZONE does not include the approach APPROACH and transitional zones TRANSITIONAL ZONE - Chapter 3 — Zoning code updates 3/6/19 DRAFT Page 220 of 246 F. Conical Zone : The conical zone QQ N I A._ ZONE is established as the area that commences at the periphery of the horizontal zone HORIZONTAL ZONE and extends outward therefrom a horizontals distance of four thousand (4 , 000) feet. Sec . 23 -54D . Airport Zone height. limitations . Except as otherwise provided in this Chapter. no structure STRUCTURE shatI be erected , altered or maintained , and no tree TREE shall be allowed to grow, in any Greeley-Weld County_Airport Zone described in Section 23-5-20 zone created by-this-Chapter to a HEIGHT in excess of the applicable HEIGHT herein established for such zone , Such applicable HEIGHT limitations are hereby established far 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 teary s cwr-�--e PRIMARY SURFACE and extending to a horizontal distance of five thousand ( 5 , 000 ) feet along the extended RUNWAY centerline , Runway LargerThan 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 su4face PRIMARY SURFACE and extending to a horizontal distance of five thousand 159000 ) feet along the extended RUNWAY centerline . C . Precision Instrument Runway Approach Zone : Slopes fifty (5U ) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface PRIMARY SURFACE and extending to a horizontal distance of ten thousand ( 10000 ) feet along the extended RUNWAY centerline ; thence slopes upward forty (40 ) feet horizontally for each foot vertically to an additional horizontal distance of forty thousand (40 , 000 ) feet along the extended RUNWAY centerline . D . Transitional Zone: Slopes seven ( 7 ) feet outward for each foot upward beginning at the sides of, and at the same elevation as, the primary surface PRIMARY SURFACE .and the approach surface APPROACH SURFACE , and extending to a HEIGHT of one hundred fifty ( 1 0) feet above the AIRPORT ELEVATION which is four thousand six hundred ninety seven (4,6970) 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 APPROACH SURFACE, and extending to where they intersect the & nson-ical—serface CONICAL SURFACE . Where the precision PRECISION INSTRUMENT RUNWAY approach—zone APPROACH _ ZONE projects beyond the Gonioal zone 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 approach-surface APPROACH SURFACE , and extending a horizontal distance of five thousand ( 5 , 000 ) feet measured at ninety -degree angles to the extended RUNWAY centerline . E .. Horizontal Zone: Established at one hundred fifty ( 150) feet above the AIRPORT PORT ELEVATION or at a HEIGHT of four thousand eight hundred forty-seven (4 847 } feet above MLAN SEA LEVEL. F . Conical Zone : Slopes twenty (20) feet outward for each one ( 1 ) foot upward beginning at the periphery of the on-&oi l 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 . Sec . 23 -540 . - Use restriction . Notwithstanding any other provisions of this Division , no use USE may be made of land or water within any zone established by this Section Division in such a manner as to create electrical interference with navigational signals or radio communication between the GREELEY-WELD COUNTY AIRPORT and aircraft, make it difficult for pilots to distinguish between GREELEY-WELD COUNTY AIRPORT lights and others, result in glare in the eyes of pilots using the REELEY- ELD COUNTY_ AIRPORT, impair visibi ity in the vicinity of the GREELEY-WELD COUNTY AIRPORT, create bird strike hazards or otherwise in any way endanger or interfere with the andingr takeoff or maneuvering of aircraft intending to use the GREELEY -WELD COUNTYAIRPORT . Sep,. 23-5-50 . - Nonconforming used A. Regulations not retroactive , The regulations prescribed in this Section Division shall not be construed to require the removal , lowering or other change or alteration of any STRUCTURE or tree TREE not 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 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 _ Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 221 of 246 B . Marking and lighting : Notwithstanding the preceding provision of this Section , the owner of any existing NONCONFORMING STRUCTURE or tree 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 OBSTRUCTION _ Such, markers and Jig nts shall be installed , operated and maintained at the expense of the Greeley-Weld County Airport Authority. S ec . 23 -5 -60 . Variances . Any person desiring to erect or increase the HEIGHT of any STRUCTURE , permit the growth of any tree TREE or use USE property; not in accordance with the regulations prescribed in this Section Division , may apply to the Board of Adjustment for a variance VARIANCE from such regulations under Section 23-6- 10 A4. The application for variance 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 a Geologic Hazard Overlay District Sec . 23 - 5-100. - Finding of fact: Within the COUNTY there are areas subject to unstable geologic conditions which may cause serious damage to properties and may. endanger the safety of residents in such areas The imprudent USE and occupation of these areas will pose a continuing danger to life and propel, urless appropriate land USE measures are implemented , S ec . 23 -52110 . - Purpose . The purpose and intent of the Geologic Hazard Overlay District regulations shall be to: A . Minimize hazards to pubiLic health and safety or to property in regulated GEOLOGIC HAZARD AREAS . B . Promote safe use USE of GEOLOGIC HAZARD AREAS. Reduce the adverse impact of GEOLOGIC HAZARDS on life and property by : 1 . Requiring land USES permitted in GEOLOGIC HAZARD AREAS to be protected from GEOLOGIC HAZARDS by providing for GEOLOGIC HAZARD investigation and the mitigation of the adverse impacts of GFOLOGIC HAZARDS at the time of initial construction . 2 . Regulating the manner in which STRUCTURES designed for human occupancy may be constructed so as to prevent danger to human life or property within such STRUCTURE . D . Protect the .public from the burden of excessive financial expenditures caused by damage from GEOLOGIC HAZARDS by regulating land USES within GEOLOGIC HAZARD AREAS .. S ec . 23 -5 - 120 . - Disclaimer of liability . The re ulatnon of a GEOLOGIC HAZARD AREA by the Overlay regulations does not constitute an affirmation by the County COUNTY that lands outside the regulated area as defined on maps adopted by the Board of County Commissioners will be free from the reg-Mated- az d GEOLOGIC HAZARD S ec . 23 -5- 130 . - Uses permitted Building permit rec uirements . USES listed as allowed by right and their ACCESSORY-, Sin e--Ul' RLYIN -ZONING-DISTRICT- may � ermitt -tGEOLOGIC-HAZARD OVERLAY DISTRICT--without obtaining a- EOL C HAZARD OVERLAY DISTRICT Development--Kermit Any ;person applying for a Use by Special Review ,, MAJOR FACILITY OF A PUBLIC •_ ,- �► _ \CY, Change of Zone , Su-bd-ivi-sion of land i i-ng Recorded Exemptions and �" LAI -NED E CS wi -=e GOO G C HAZARD OVERLAY DISTRICT shall-apply for--a d-obta7n a GEOLOGIC HAZARD OVERLAY-DISTRICT Jove-op , ent Perm t before any of hose app ica:ions ace considered finally a omm I-&sioners. The soils report submitted with the buildinc perrnit application shall include ceotechnical recommendations stain Ded b • a registered engineer and shall be submitted to the Building Department alon _ with the Bu ldinc Permit application . The study shall specify that the foundation and structure design are appropriate for the specific site . No Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 22.E of 245 certificate of occupancy shall be issued until the Buildinc Official is satisfied that the structures have been constructed in compliance with the qeotechnical recommendations Sec . 23-5- 140 . - Establishment of District. There is hereby established in the Coun-bi COUNTY a GEOLOGIC-HAZARD OVERLAY DISTRICT Geologic Hazard Ovrerlaje District.. A . The GEOLOGIC 1-AZARD oVERL = IS-- R I T Geologic Hazard Overlay District includes land which is within a GEOLOGIC HAZARD AREA. The Colorado Geological Survey ( CGS ) and US eologica Survey ( USGS ) jointly developed a digital map delineating coverage 's based on previous studies pertaining to the location and distribution of abandoned underground coal mines in the Boulder-Weld coal field north and northwest of the Denver metropolitan area , B . The regulated areas delineating the Extent of Abandoned Coal- Mine Workings and Locations of Mine Shafts , Adits , Air Shafts , and Faults , as amended ,. a-nd ted by the Board of o - -Commissioners ; is available in electronic format for public inspection at the USGS webpage portal . [ : _ gev# apti-23 375.. p htkps :J/pubs . uscs . coy+/ima3/i-27 5/'i-2 7 5 , Ddf] . Weld County GIHST 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 '''I of this Chapter. Division 3 - Reserved [ NO CHANGES ) Division 4 a Planned Unit Development Overlay-District ( Repealed . See Chapter 27 . ) Sec . 23 -5 -r300 . - Finding of fact There ar s within-the COUNTY with un e features , such as a ailability of uroarratype sere ces and facilities which may-be- suitable fo - mixed land US -. -y pro - ded that adverse impacts-of cts---of different la-nd uses--are-r in mized _ It is recognized that in certaIr, circaranstye“-may be desirable to prey-+d-e---a--grreater range-of + tore of USES in an-area -than would be permitted under the-standard zoning system.-- It- is-further-recognized that the FLANNEL - -T DEVELOP-MEW procedure- permits a greater ra ng e o: !flexibility than-tri e stand-ar-d-zor4fig system whicc- does not always balance t - apacity of a site with cor pa-t-i-bi ' ty to -tie 'JE i BO HOOD Seer o ., The purpose and-Intent ,f Vie PLA ED UNLIT DEVELOP '-€ TQverlay f istr" t regurlations s-hall be to A . Minimize adverse-impacts to water quality an -q-cant ty .. publ1c-hea1th=r -safety and prGperty -within-the- k2-5 ate, � r�r•I �► r4t�i �� ii�� f'~' arbta.wrequiring . Regi r�a-I Urb-a-n-i -io r — r by COMMERCIAL and industrial-development a+ subd4visions-a-nd residential- subdivision-sto use the PLANNED UNIT DEVELOPMENT procure . Promote a better quality o1 -t-ife within the 125 Regional-r - activity centers by using a p o re-des d-to-pro4-id-e-- the orderly Levelapm -' of Goranpati-hl -land uses and to protect.the environment, _ P' rovi4e=a- ppo educe which +fl al o -Ian i-i stett with Chapter 22 of this Cod • _ - I --- 1 All USES listed--as allowed I -t-h-e---PUD hange -one- a 's:riot application and wh ua ify as a PU ! acc rdh ,ng- to this Chapter . All USES allowed -by right and ES perm permitted 1 Jnder ti c n - rent zoned- rict -wt . iin the- Overlay District. COMMERCIAL anoatustrial developments and subdivi-sio s-_and residential s d-i-visions she -se the PUD procedure-within the I 25 Regional Urbanization --,arcs Activity Centers . .Atl P i � rg - t n t e 25 1ional Urbaniza:ior Area shall have- PUBLIr ER-- ystems sews . 23 .534.04 . - Establishmentof + �. 1 l� d� F5 ' f�"1 1br'� "'� tiM � � A There is hereby established in the -Ey-ar-a �Jr De ,�eopn► trot The Planned Unit -P eio rT nt=Q-ver-lay rict includes all of the uninoorporated- ar —of-tie County known as t l -- -+ +o rban- mot- Hs-Area-and Activity-Centers.--The-m gional Urban-ization Area-and-Activity Center is on fib at the= 1 e B , ard ' , office and the Departmentof Pla r g Services. 1 er,-o ator1 f t - -n - ► l - lines with is oteo= to the boundaries and similar questions shall be determined-according to AfticIe- f Chapter 23 — Zoning code updates 316/19 DRAFT Page 223 of 246 Division 5 - Historic Townsites ices overlay District [NO CHANGES] ARTICLE VI a Board of Adjustment Sec. 23 -56-10 . a Powers and duties. A, Upon-APPEAL -the The Board of Adjustment shad 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 P--E peals from decisions concerning zoning issues made by any official employed by the Board of Cou 'sitters COUNTY in the administration or enforcement of this Chapter , Chapter 26 , or Chapter 27 2 . When there is an APPEAL appeal of an administrative decision , the Board of Adjustment may , so long as such action is in conformance with the terms of this Chapter. Chapter 26 , or chapter 27, as applicable , reverse, affirm or modify the order , decision or determination APPEALED appealed from . B . The Board of Adjustment has the power to interpret the zone district boundaries, to interpret the location of LOT lines with respect to zone district boundaries , and to act upon similar questions as they may arise in the administration of this Chapter. C . The Board of Adjustment has the power to hear and decide meals for variance VARIANCES from the terms of this Chapter, with the exception of .pea fer r .a-roe 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 as where Chapters 26 and 27 are applied to individual LOTS or parcels . appeals- forAsscianere 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 Chapters and. Chapters 26 , or Chapter and 27 of this Code would result in unnecessary hardship to the appellant 1 . Relief from the provisions of this Chapter and Chapters 26 and 27 of this Code may not be granted when the hardship is brought about Solely through the actions of the appellant. 2 . No relief may be granted when the result of granting the requested relief is detrimental to the public good or when the relief is contrary to the purpose and intent of this Chapter or Chapter 26 or 27 , as applicable. 3. In granting any variance VARIANCE : the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Chapter and Chapters 26 and 27 of this Code. Violation VIOLATION of such conditions and safeguards , when made a part of the terms under which the variance VARIANCE is granted , shall be deemed a violation VIOLATION of this Chapter and said Chapters 26 and 27 and punishable under Article X of this Chapter, 4 . Under no circumstances shall the Board of Adjustment grant a variance VARIANCE to allow a USE not permissible under the terms of this Chapter iin the district involved , or any USE expressly or by implication prohibited by terms of this Chapter and or said Chapters 26 and 27 . No h ,+�. appeal �� as I �+-+ � administrative � � � r r� r��+i� �.Er decision x+ ��*r E r�r-� �ri, the ,� Board r� �T Adjustment shall M°lr d � ��i�f�1 h �n.� for"e Y' BUILDING f � � r�� II � USE� i''k�` 5 , No appeal of an adminislfa �ive decision to the Board of be alNi�.1' vY' aSul for BUILDING USE of LOT USE violations VIOLATIPNS that may be prosecuted under the terms of Article X of this Chapter. 6 . No nonconforming NONCONFORMINGUSE of NEIGHBORING neighboring LOTS . STRUCTURES or BUILDINGS in the same district, and no permitted or nonconformin-g NONCONFORMI G USE of LOTS STRUCTURES or BUILDINGS in other districts shall be considered grounds for the issuance of a variance VARIANCE . 7 . No variance VARIANCE from Chapters 26 and 27 of this Code shall be allowed where the term from which the variance VARIANCE is sought is one that was raised as an issue during the PUD zone or final plat process . Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 224 of 246 Sec . 23 -6 -20 . - Appeals of administrative decisions. APPEALS Appeals to the Board of Adjustment brought under the provisions of Section 23-6- 10,,pF6jA above must shall be made within thirty (30) days of the order, requirement, decision or refusal alleged to be in error. APPEALS Appeals of administrative decisions shall be made and processed as set forth below. A , Application Requirements . Applications to API EAL appeal administrative decisions shall be in written form according to the following requirements : 1 . An aojlication for aappeal on the form as prescribed and furnished by the Department of Planninc 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 leca.l authority to sicn for the corporation shall be included . 2 . A citation of the Code section of this Chapter which is the subject to the disagreement , 23 . A written description of the grounds for the AI Each appeal ; and the reasons held by the appellant for the favored interpretation . 34 . Any other information determined to be necessary by the Board of Adjustment that will aid the Board of Adjustment in making a decision which will not impair the intent and purpose of this Chapter. 5 The application fee . B . Duties of the Department of Planning Services . The Department of Planning Services shall _ 1 . Review the application and determine that it is complete before scheduling consideration of the APPEAL appeal by the Board of Adjustment . 2 . Arrange for publication of notice of the public hearing to be held by the Board of Adjustment once in the newspaper designated by the Board of County Commissioners for publication of legal notices. The date of publication shall be at least ten ( 10) days priorto the scheduled hearing 3 . Review the application for consideration of the APPE L appeal and prepare comments for use by the Board of Adjustment, addressing ail aspects of the APPEAL appeal , its conformance with sound land use planning practices, the effect of granting or denying the AWE--AL appeal , its conformance with Chapter 22 of this Code and MASTER PLANS of affected municipalities. J 1 Post l'■ r a sign .P. i+Y r: M9. the .+'t property ■ 1 .+a under r consideration .�. i .�.� r� tt, L a.� ..�. in location � �1 . � � � � �_ � � ' L f .-. from _ the_ 1 ' _ Y /■7.■ 1 �ti 6 1 4 . s o, t sign on the under consideration a location readily vis r �e f Q om the ad acen1 PUBLIC STREET/ ROAD RIGHT-OF-WAY. The sign will be posted at least ten CIO : daysprecedin 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 hotocraph . C . Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to consider the APPEAL appeal. The concurring vote of four ( 4 ) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant applicant on any APPEAL appeal of an administrative decision . The Board's decision shall be based only upon the information presented at the public hearing and Its interpretation of Chapter 23 of this Code . Sec . 23-640 . - Appeals for interpretation of zone district boundaries or lot lines . APPEALS Appeals to the Board of Adjustment brought pursuant to Subsection 23-6- 10 . B above shall oe made and processed as set forth below: A. Application Requirements., APPEALS Appeals for interpretation of zone district boundaries or of LOT lines shall be made in written form according to the following requirements: 1 . An application for APPEAL appeal on the form as prescribed and furnished by the Department of Planning Services with the property owner's signature_ If an authorized agent signs , a letter of ,authorization signed _by all fee owners shall he incl-uded with the application , It the property is owned b a oor oration , evidence that the s cnator has the le al authorit to si n for the cor oration shall be included . 2 . Other written ,and graphic materials serving as evidence sufficient to document the location of the zone district boundary or LOT line alleged to be true and proper by the appellant_ Chapter 23 — Zoning code updates 316/ 19 DRAFT Page 225 of 246 3 . Any other information determined to be necessary. by the Board of Adjustment that will aid the Board of Adjustment in making a decision which will not impair the intent and purpose of this Chapter. 4 . The application fee _ B . Duties of the Department of Planning Services .. The Department of Planning Services shall: 1 . Review the application and determine that it is complete before scheduling consideration of the APPEAL appeal by the Board of Adjustment. 2 . Arrange for publication of notice of the public hearing to be held by the Board of Adjustment once in the newspaper designated by the Board of County Commissioners for publication of legal notices .. The date of publication shall be at least ten 010 ) days prior ,to the scheduled hearing . 3. Review the application for consideration of the APPEAL appeal and prepare comments for USE 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 AREAL appeal , its conformance with Chapter 22 of this Code and MASTER PLANS of affected municipalities . II-, 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 f 1 oo daysprecedina the hearing date . In the event the property under consideration is not adjacent to a PUBLICSTREET/ROAD RilGHT-OF-WAY _ a second sign at the point at which the driveway_ access drive .> intersects a PUBLIC STREET/ROACH RIGHT-OF-WAY HT- oF-WA will be roosted . The sign posting will be evidenced with a photograplh _ a Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to consider the AP—F—E--A-L 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 PPE- appeall for interpretation of zone district boundaries or ioLt LOT lines . The hoard's decision shall be based upon only the information presented at th.e public hearing and its interpretation of Chapter 23 of this Code . 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, Appeals for variance , n_ _a.pplication 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 . AG VARIANCE application for APPEAL on the form as prescribed and furnished by the Department of Planning Services with the pro certy owner's signature . If an authorized aagent_signs,_ a letter of authorization sic riled by all fee owners shall be included with the application, If the _property is owned by a corporation : evidence that the signatory has the legal authority to sign for the corporation shall be included . 2 _ A plot plan showing the location of existing features, such as STRUCTURES , fences , streams, PUBLIC or private rights-of-way RIGHTS-OFT-WAY and STREETS/ ROALs , access, etc. The plot plan shall include all proposed STRUCTURES _ 3 . A copy of a deed , purchase contract or other legal instrument indicating that the applicant has an interest in said property . The deed , purchase contract or legal instrument should include a complete and accurate legal description of the property . 4 . A statement that demonstrates that special conditions and circumstances exist which are peculiar to the LOT , STRUCTURE or BUILDING involved and which are not applicable to other LOTS, STRUCTURES or BUILDINGS in the same ,zoning district . 5 . A statement that demonstrates that literal interpretation of the provisions of this Chapterwoulddeprive the appellant of rights commonly enjoyed by other properties property owners in the same zoning district under the terms of this Chapters 6 A statement that demonstrates that the special conditions or circumstances do not result solely from the actions of the appellant. Chapter 23 — Zoning code updates 3/6119 DRAFT Page 226 of 246 7. A certified list of the names , addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property ( the surface estate) within five hundred (500) feet of the property subject to the application . The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the county Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date . 8 _ Evidence that demonstrates that the variance VARIANCE requested is the minimum varianca VARIANCE that will make possible the reasonable use USE of the LOT, BUILDING or STRUCTURE . 9 . Any other information determined to be necessary by the Board of Adjustment that will aid the Board of Adjustment in making a decisuon which will not impair the intent and purpose of this Chapter, Chapter 5 or Chapter 27 of this Code . 10 . The application fee . B. Duties of the Department of Planning Services. 1 . The Department of Planning Services shall review the application and determine that its complete before scheduling consideration of the APPEAL appeal by the Bard of Adjustment. The Department of Pianninq 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 (11 [Jul) days prior to the scheduled hearing . 3 . The Department of Planning Services shall main by first class, ten ( 10) days prior to the scheduled hearing , a notice of the public hearing to the owners of the surface estate located within five hundred ( 500 ) feet of the parcel under consideration for the variance VARIANCE. The Department' s source of the ownership information shall be the application for v iance VARIANCE submitted by the appellant. 4 _ The Department of Planning Services shall review the application for consideration of the APPEAL VARIANCE and shall prepare comments for use by the Board of Adjustment, addressing all aspects of the APP-€ L VARIANCL its conformance with sound iend USE planning practices , the effect of granting or denying the APPEAL VARIANCE and its conformance with Chapter 22 of this Code and MASTER PLANS of affected municipalities., 5 . Post a sign on the property under consideration h a location readily visible from the ad "acent PUBLIC STREET/ROAD RIGHT- OF-WAY The sign will be posted at least ten 110 ) days preceding the hearing date . In the event erty under consideration is not ad ' acent to a PUBLIC STREET/ROAD RIGHT-OF-WAY a second sign at the point at which the driveway (access drive ) intersects a PUBLIC STR'EFPROAD RIGHT-OF -WAY will be posted : The sign postinc will be evidenced with a ohotoaraah_ C , Duties of the Board of Adjustment The Board of Adjustment shall hold a public hearing to consider the APPEAL VARIANCE . The concurring vote of three (3) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any APPEAL for variance VARIANCE . An appeal for varanee 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 Ghapt this Code, has found and determined that 1 . Special conditions and circumstances exist which are peculiar to the LOT, STRUCTURE or BUILDING involved and which are not applicable to other LOTS STRUCTURES or BUILDINGS in the same zoning district. 2. Literal interpretation of the provisions of this Chapter would deprive the appellant of rights commonly enjoyed by other properties property owners in the same zoning district under the terms of this Chapter. 3 . The special conditions and circumstances do not result solely from the actions cf the appellant.. 4 . The reasons set forth in the application and testimony justify the granting of the variance VARIANCE , and the variance VARIANCE is the minimum variance VARIANCE that will make possible the reasonable USE of the LOT , BUILDING or STRUCTURE . Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 227 of 246 5 . The granting of the variance VARIANCE will be in harmony with the purpose and intent of this Chapter, and will not be injurious to the NEIGHBORHOOD or otherwise detrimental to the public health , safety or weifaro: [Jrsj Sec . 23 -6 -50 . - Reserved . ARTICLE VII - Nonconforming Lots , Uses and Structures Sec . 23 -7 - 10 . a Intent. Within the zoning districts established by this Chapter or amendments thereto, there exist LOTS , STRUCTURES , USES of lane 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 NONCONFORMING USES are declared by this Article to be incompatible with permitted USES in the zoning districts involved . Sec . 23-7-20 . - Nonconfon -ing iet ( Repealed ) Ire-any district in which SINGLE FAMILY DWELLINGS ore pelted , a SINGLE-SarMI-L-Y-DWELLING and customary accessory STRUCTURES may be erected on any siB1 , layeethor arav-iksion f -is-C4lapt& Ts provision-skull apply even though su LOT fails to -meet the requiremec- for- OTra a-t-.h.ataaee-a i le--tnn e-zoniiidsetri i• -tha-t bulk requirements other than those will& apply to-Lo-T=ar-ea-sly-be- t . Variance of buck req-uiremen s sbar a ob ed-o f throaction-e4-theBoar f Astemeept- Sec . 23440. - 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 USE of land exists which would not be permitted by the regulations imposed by this Chapter or future amendment, the use USE may be continued so long as it remains otherwise lawful , provided that the following conditions are net. A. Extension or expansion . 1 . No such nonconforming use 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 without firs; : ng received a special-rev-iew-perSucsuantaie proceidure estaial+snecc . n .fir.- +cLe Division o' :his Chapter. 2 _ A nonconforming 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 invo Ived. 3 . No such eeeeckerfemeing 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. B. Substitution of USES . .1 . A nonconforming 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 noneonformieg 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 Reecenforrmog NONCONFORMING USE is replaced by a permitted USER the nonconforming NONCONFORMING USE may not be reestab isle + _ The permitted USE shall thereafter conform to the provisions of this Chapter Chapter 2 — Zoning code updates 3/6/ 19 DRAFT Page 228 of 246 C . Abandonment . No nonconforming NONCONFORMING USE of land shall cease so long as the property and associated STRUCTURES associated with the nonconforming NONCONFORMING USE are being maintained in accordance with this Code .. If any such noncontorrnirg NONCONFORMING USE of land ceases for any reason for a period of more than six ( 6 ) months , and the property and associated STRU adequately maintained-,, the ionconfor'rr?in NONCONFORMING N 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 . 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 COVERAGE,E, height, its location or 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 Restoratioft Should such nomereinfewming, NONCONFORMING TRUCTURE 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 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 RIGHT-OF-WAY . C. Substitution of STRUCTURES .. Should such nonconforming NONCONFORMING STRUCTURE be moved for any reason , for any distance whatever, it shall thereafter conform to the regulations for the zoning district in . . �. .. �. s for the .. � w . w . ..� -x . 4'9• �'Y �, t ! ■ which it is located after it is moved.. D . Existing Building Permits. To avoid undue hardship , nothing in this Chapter shall be deemed to require a change in the plans or construction of any STRUCTURE on 'which actual construction was lawfully begun prior to the effective date of adoption of the ordinance codified herein or amendment of this Chapter and upon which actual construction has been carried on diligently . Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation , demolition or removal of an existing STRUCTURE has begun preparatory to construction , such excavation , demolition or removal shall be deemed to be actual +construction , provided that a building permit for the new STRUCTURE has been issued and the preparatory work is carried on diligently _ Sec . 23r7 -50 . - Nonconforming uses of structures. If a lawful USE of a STRUCTURE or STRUCTURE and premises in combination exists on the effective date of adoption of the ordinance codified herein or amendment of this Chapter that would not be allowed in the zoning district under the terms of this Chapter, the USE of such STRUCTURE or STRUCTURE and premises may be continued so long as it remains otherwise lawful, subject to the following provisions . A. Repair and Restoration . An existing STRUCTURE devoted to a USE not permitted by this Chapter in the zoning district in which it is located which is destroyed by any. means to an extent greater than fifty percent (50%) of its replacement cost at time of destruction shall not be restored , except to gain conformance with all provisions of this Chapter The inenconforming NONCONFORMING USE may shall not be reestablished after restoration . Ordinary repairs, the value of which do not exceed fifty percent ( 50 % ) of replacement cost of the STRUCTURE, TURE, may be permitted . B . Expansion or Enlargement. 1 . A nonconforming 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 ordinance codified herein or amendment of this Chapter, but no such USE shall be extended to occupy any lard outside such STRUCTURE • +v _ : :ecial Review Permitpursuant-to- the procedures established in-Art+ l 7- ► ivision 4 of this-Chapter. Chapter 23 — Zoning code updates /6/ 19 DRAFT Page 229 of 246 2 ., A ria--wonforming NONCONFORMING USE shall not be extended or enlarged alter adoption of the ordinance codified herein or amendment of this Chapter by erection or attachment of additional SIGNS intended to be seen off the premises , or by the addition of other USES which would be prohibited in the zoning district involved . 3 . Nosuch noncor #or+ i NONCONFORMING USE shall be moved in whole or in part to any portion of tl e u n 7 lot LOT or parcel other than that occupied by such USE on the effective date of adoption of the ordinance codified herein or amendment of his Chapter. C . Substitution of USES . 1 . A nonconforming 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 or more appropriate to the zoning district and NEIGHBORHOOD than the existing nonconforming NONCONFORMING USE _ In permitting such change , the Board of County Commissioners may require appropriate conditions and safeguards in accordance ith the provisions of this Chapter. 2 . Whenever a noncc-n-for ing NONCONFORMING USE is replaced by a permitted USE, the nonconforming NONCONFORMING USE may not be reestablished . The permitted USE shall thereafter conform to the provisions of this Chapter. t _ Abandonment. When a noneonforminc. NONCONFORMING USE of a STRUCTURE or STRUCTURE and premises is discontinued or abandoned for any reason for a period of more than one ( 1 ) year., any subsequent USE of such STRUCTURE or STRUCTURE and premises shall conform to the reau !lations specified by this Chapter for the zoning district in which such STRUCTURE or STRUCTURE and premises are located. ARTICLE VIII 04 Vested Property rt Rights Sec . 23 -8-20 . Definitions . As-used in this A icle , unless #1--e context of e,-w .-req - For the purposes of this Article VIII , certain terms or words used herein shall be interpreted as defined in Section 23 - 1 -90 . : of a 1-equitable interest in real R PERT , and--i-Rcludes th r:, cuu ecsor.s ano assigns of-such ownership interests. LOCAL GOVER ' ' T Any county , city and county , city or town , whether statutiary or home rule , acting ticicau resit over'ning body or any board ,, commission or agency thereof having final approval authority over a SITE ; including-without limitation an all ern- cowered-urban renewal authority. PROPERTY: All rail PROPER E.F TY s sect to E r� . ,. ation by-a LOCAL GOVERNMENT. SITE SPECIFIC DEVELOPMENT PLA +A-U-se In Special Review (-i- uding OPEN VINING and MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY ) , 'ILLANt' D -IJ IT DEVELOPMENT PMENT Finn-I—Plan, SUBDIVISION final-plat,resubd '. t . re : al—by—the--- Board of ourty - Commissioners, -Final or conditional approval by the Board of County Commissioners-creates vested pursuant—to-Art-1 e 68 of Title 24, . R . _ Noother type-of. land USE application shall-be considered a ITE—SPE I-FLI DE EL R ; EN-PLAN . .VESTED PROPERTY RIGHTS The right to nd k and complete the DEVELOPMENT and USE of property under the terms and conditions of a SITE P'ECIFI- - DEVELO- 1- ,IT-P-L- 1- Sec . 23 -8 -30 . Duration , termination . A PROPERTY- 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 shah not be extended by any amendments to a SITE SPECIFIC DEVELOPMENT PLAN unless expressly authorized by the Board of County Commissioners. Sec . 23 -8 -40 through Sec . 23 -8 -50 [ NO CHANGE ] Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 230 of 246 Sec . 23 -8 -60 . - Development agreements , The Board of County Commissioners may enter into development agreements with landowners providing that PROPERTY propertvfrights 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. Sec . 23 -8 -70 . - Notice of approval . [ NO CHANGE ] Sec . 23 -840 . sk Payment of costs . In addition to any and all other fees and charges imposed by this Chapter, the applicant for approval of a SITE SPECIFIC DEVELOPMENT PLAN shall pay all of the County' s costs resulting from the SITE SPECIFIC DEVELOPMENT PLAN review, including publication of notices , public hearing and review costs . 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 -E.' r property subject to land USE regulation by a- LOCAL GOVERNMENT the COUNTY including , but not limited to , building , fire , plumbing , electrical and mechanical codes. Sec . 23-8 - 100 . Limitations . [NO CHANGE] ARTICLE IX - Adult Business , Service or Entertainment Establishment [NO CHANGE] ARTICLE X — Enforcement Sec . 23-10-10. Violations and penalties . [NO CHANGE] Sec . 23-10-20 . - Criminal penalties . A. It is unlawful to erect, construct, reconstruct or alter any BUILDING or STRUCTURE in violation VIOLATION of any provision of this Chapter. Any person , firm or corporation violating any provision of this chapter is guilty of a misdemeanor and , upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($ 1' 00 . 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 . E . It is unlawful to use any BUILD ! NG , STRUCTURE or land in violation VIOLATION of any provision of this Chapter. Any person , firm or corporation violating any provision of this Chapter is guilty of a misdemeanor and , upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ( 100 . 04 or by imprisonment in the County jail for not more than ten ( 10 ) days , or by both such fine and imprisonment. Each day during which such illegal USE of any BUILDING , STRUCTURE or land continues shall be deemed a separate offense . C . Whenever the Department of Planning Services, through one C1 ) of its employees , has personal knowledge of any violation VIOLATION of this 'Chapter? it shall give written notice to the violate to correct such violation VIOLATiON within thirty ( 30 ) days after the date of such notice . Should the violator fail to correct the v-iolation 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 ation VIOLATION with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the Chapter 23 - Zoning code updates 3/6/19 DRAFT Page 231 of 246 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. l't is the responsibility of the County Attorney to enforce the provisions of this Section. In the event the Board of d d 1 County Commissioners deems it appropriate, the Board of County Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of the County Attorney . E . Any person who violates any provision of Article IX of this Chapter commits a Class 2 petty offense , and upon conviction thereof, shall be punishable by a fine of three hundred dollars ( $ 300 , 00 ) for each separate violation VIOLATION. Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-62. 201 , C . R. S . , for any vitiation• "I LATION of said Article IX. Sec . 2340-30 . - 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 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 la , 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 . a The County Attorney , acting at the request of the Board of County Commissioners , or the District Attorney , pursuant to Section 18- 13-3021 C . R . . , may bring an action in the District Court for the COUNTY for an injunction against the operation of an ADULT BUSINESS , SERVICE OR ENTERTAINMENT ESTABLISHMENT for repeat or continuing violations VIOLATIONS . Sec . 23 -10 -40 . - Civil penalties . A. It is unlawful to erect 1 construct reconstruct, after or use any BUILDING, STRUCTURE or land in violation VIOL TION 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 ($25400) , 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 VIOLATION and shale , 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 ( $ 100M0) 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 hen against the property on which the vio ,ati:on VIOLATION has been found to exist. In case the assessment pis 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 arecollected, 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.. Br In the event any BUILDING or STRUCTURE is erected , constructed , reconstructed , altered or used or any land is used in violation VIOLATION of this Chapter, the County Attorney , in addition to other remedies provided by law , may commence a civil action in COUNTY Court for the County, seeking theimposition of a civil penalty accordance with the provisions of this Section . C . The Department of Planning Services , through one ( 1 ) of its employees desinnated by resolution of the Board of County Commissioners , shall , upon personal information and belief that a violation VIOLATION of any regulation or provision of this Chapter has occurred , give written notice to the violator to correct such violation VIOLATION within ten ( 10 ) days after the date of such. notice . If the violator fails to correct the vin ation VIOLATION within such ten-day period or within any extension period granted by the Department of Pl.annThc Services , the violator shall be given a second written notice that the violation 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 Chapter 23 -a Zoning code updates 3/6/ 19 DRAFT Page 232 of 246 Services may grant the violator additional time to cure the violation 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 VIOLATION with sufficient particularity to give notice of such charge to the violator. a One ( 1 ) copy of the summons and complaint issued pursuant to Subsection C above shall be served upon the vio ?ator in the manner provided by law for the service of a County Court civil summons and complaint in accordance with the Colorado Rules of County Court Civil Procedure . The summons and complaint shall also be filed with the Clerk of the County Court and thereafter the action shall proceed in accordance with the Colorado Ruies of County Court Civil Procedure . E. If the County Court finds , by a preponderance of the evidence, that a v-ietati-041VIOLATION of any regulation or provision of a zonin _re ►Iutie.n_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 payat le immediately iby the violator to the County Treasurer In the event that the alleged vioation VIOLATCON 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 . 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 violates 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 vidaticn 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 VIOLATION has been cured , removed or corrected _ Sec 2 -10-50 . - Relationship to other ordinances , CNO CHANGE] ARTICLE Xl a Floodplain Management ordinance Division - General Provisions Sec. 2341 -200 1 -200 through sec . 23 - 11400 . [NO CHANGE] Sec. 23 -11 -310 . ! Definitions . Unless specit4Gatty defined below or in Section--23- 1 -9 _al-this-Cede, words-or-p rases used in-this ORD NANCE shall be interpreted to ghve them .the meaning they have 1n common usage and to iye reasonable application . The following specific words or phrases in upoercase letters shai, have the nmoaniny-s as stated -in- this Section - For the purposes of this Article XI , certain terms or words used herein shall be interpreted as defined in Section 23- 1 -9C . 1-0 oe interval that has-a one percent chanceof-being equaled or n-e hundred-year FLOOD" and "one-percent chance FLOOD" are synonymous- itri-t4e-ter R FLOOD- - The term doss-Rat- imply that the , flood wit ' necessarily happen once every one hundred ( 100) year-& 100- YEAR FLOODPLA,. The e_ef- in n-u-ndated as a -r 61 occL ran-cep 0-YEAR FLOOD, 5049- YEAR FLOOD A FL - having a recur o` being ecualed of ev r��,cu�-�n rl ri � � ri in.r� � rti given year. Th-e-term- " -a, " . term 500 YEAR T �t rrn +does � �,t � �, �, I, �4iat the flood will nee �.ssar -on rte. a— T�� c �folti� � � n�� r� _ &+GAR FLOODPLAIN: The area of land suscelatible to inundation as a result of the 500 YEAR FLOOD- Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 233 of 246 A-001-171-0M-Anyactivity that- expel 474-414 e enxisting-STRUGTLRET ,,��yy �� -�r � � 7dr� J�t ��,� �* '_ c� 'h l E arm - r g e c-1-re ti n �► I -- 114-a- Neil Or sir!I ml=3 nom- ELI T 1 O t of a river-- Of -€tree -+s - - --to-be R �T�TCT ALTERATION OR I E L-C-C -T-- #FAT-ERCQ '- E. OOU BA • 4 -tai sEL--E-VATION r-es Thwig n --F 1 r ;+ o-ne--- snt c- -n --of-e+q equaling or-exceed ng- tfat levek iwany-givent yeacr ti fCrr�,�r- 1�tirtgl ��sll,r*ti . � t � _ � I a I I- �I I�IIt`� rr,�,r �e � rI�_r� r� i t- 'ENT: An- - t + f r•st- - - -m ► n-f- ar ring- de--(bet o � _ _ to - or-ofa_ resider-Thai builthng-�-4 r t above BE T . ► ' t available-from go - _ te e that 1s fi kla -t h r-� r I �► I I,� t ► I� ►� I N I T R T t - � -�, -� - -Dew TER TT�i 4TTf''[-1 -- ELEV1< TIONer FLOOD e --Gf-data -b +lt -ace net aim-idles= F _pub > atioR - ue a ui a-nce-docu i a c -r -�,ts, h� �_� I�, � r� t _ , ,tea 1 lettr -s-- regulatien-si b. Vattons ' -and D--st+ CH E e- by caI-+ on+ i rn►n---ate hety ofgeometries:. CH-�1, 1h:J l�,d�I' 1-'�'�1 ':,� �, �j �y, ,p �.�, + r� r� �l i�, r�, r� �, rr,# rs� �; ��w��i�r�i F''� 1--! .C1► f41 F� I G I r�`ti O7 -Pe 1�7H-errea'C� H eTT T' C�" T' � �F Y d �C' sitt' ' � TPf-t�'1 7' r�1 Wt k'f'r 1 r�f i Irk ►'f Iri I �h 1 G� t l 1 y [C"' I 1 r ] G��` not-4-ev Ester -&€ ive C I O PPS - er----40-raulis , e@l teri tics-of a---EL-+ r- --t - r r , I + i I + r i- ti-on GOD PLAN ;- CRAWL-SPA E E WadoEa-BELOW-GRADE- GR-A-' A a fle-c gra n - han-two --(2) _ legit-- the- the_e-teri r-ade--and-s_beI abase- floud- elevation_-AlI- . GRAD F s+ - ust- I CJ 4 A _� I lice`TI I r�.r _ Ear ie-sl l _rt rzr-rt 1I� 1 u:C1f11'7 a t r f ' � � - _ � �-r . �-�;- �Z--rr��sE rte- �-��rv�--�d� , tbat-Aft-- nay r l-t_n-sig r-I-- r az rd to-pub••lie health---and --safety air=-ink- es -tiaI `� ce --,an d er l °I= of e- -TY t� a r i 5 r� r r r-i n9r or L - - i � --a-r�---_ l i 's ti r I! },�, �-y " . C 1,..� ��-• �� y � � � j� �+1° r� I �' �'' '� h �F_[� I,r f� i X11 ��+.��.� �ry,� _ � r5 r�! �I I�"� �I 'l d i Lego 7-�'(A Esse `i'L T Ci'r 4a m r�ia4-+s M a teria1 CT. )'�'a'C�'F.i sk P o p u l CT TI"1 s; fTi I +r-.ri l -ices . a : Esse I-fiervices- -FT1 -L F AGI.I ITI E aa+ -L • Gl e but re_r et-k i-t d-t � � rt:�- �e r� � n r-I r i � n n ,a rr, �,�,t a ) a- t- -- tie-s-sly+ - -a -police-sta,-ti�-,.Trire_a t tt � -- -�, nel arsknir+lea ,e torage arm enr erinency opeor�r � center8 -r b'i -Ern rr�r-e,rJr �� r meti ��: sr do- nce sen:aice r ,�,.� ��,�� :� �,a�l-- i�-Et� � ,�--�1� -p+t-�-��r��-1-�� -��-rlt��-�;�' I-t rneST-RUCTU-R-E. T t at PIr R1ot 1'ltir'1 ide � i11�1'lT�tir cy_treat e t fI ir° ctio 1s j c ) C - do or u _ _ _ - - -+ a-ub -- ca is fecseala-sa-te-44-tes-W-sy-stem-s-7-Gell-tdaf-S)44e t al i T i - er types-Sing s t -t aiirtg-t t r-er s hIeeI G - I !Ie „ ftt o en ei rati -a r- d-4i-r�-Lrth a ti c rlr c +�ha Teri t p L a nt ub i -s--anet-p i ng t[Oils a a — it---noti l d ing_t n power-di-r ;tau rigid -Ripe I i neS, ,en ;sei se -r- t as-ancl-sepvircie - r�r , -tr I portatir�,.n llf iiryes- -ucb irpor� t_( r-mom ir~ ip I _ 1 r' —Ihel1 zar- pads and-STRUCTURES -se-Eying-9 aw u 4 rac # rr r refr i aviat , . i_t04N =r-tr i c-fi ntal ce-Rter-s—an' --emeafg! 1y-- 'qu i p Iii e n t aircraft- h rf f=s-) p }fit rrp • tI_ r C R I II C A L_F r 1-L�-t-t ti nt-,) ti n r s t ter treatment 1ant m •bl '' lF r - t wer-generatinHallants and related-appu4 des:• r - r t l 111"4 1 1 t Y I r+y �`t-l'i t iesarni tedc-fromth `f!r!'^+ o--' ' ' -SePtiter CrR11T- r �F� ° I • rated- Iem a- "-e+ s - or h-ch--se ry ce m i l l t -- nle wpte rl d u r i r t F_I O > r >�� 1 rn,dant facili �T -�T� —w-e---avat-la-b-1e—(-eitheI�► I- irie=s- e= 1-i-# ► avai -=thfn. Chapter 23 - Zoning code updates 3/6/ 1 9 DRAFT Page 234 of 246 infer-governmental a. r T n , - _ ,t tt- - d - connected , the alter-flatly-04344e alter-flatly-04344es are either located outside of the 1-G • --o{ --are-compliant with---the rovisio-ns of this Rl I I-Ai it -&ne on operati - istin- effect tha t Fed un -arrt--systems aril. provide service to the-affected area--i-h the event-of-a -FLOOD:Evidence of ong+o4R -r-edundan-c lap s-t; b. Hazardous-Materials CRITICALHF. LIT1 E. . 1 ) - -zar , , RITIC , L FACLITIES ir~ c ude , but are not limited o alt Chernica and -p, .gin n-tical pIants b ) Lobo tories- lining highly vela@er f m ble, explosive , toxic and/or rat r reactive nate-riills! c ) Refineries d) -ardott -waste storage and disposal sites e- A-boveg--r"oun -i renters Facilities-whir-�d '�.� • '- t , rril -q- a. ntities ict-ex6es of--regulated threshold-limits;-afthe owner of a ac i lity-is-r-equi d-b y OSHA to ne M ter-i.a ! Safety-Data mot ( DS)-on file4or any chemical stored -or used in tiheworkplace and the chemical is stored in quantities equal to or greater than The regulated United States Environmental P-motectian Agency Threshold Planni �tity for that chemicat then that facility will be consl-derecil a CRITICAL FA ILIT . 2) -Specific exempt °Rs-to-Hazardous Materials CRiTI FALL !TIES :nclude Finished consumer products within -retail--retail centers and-households containing hazardous ma:e ria ls intended for household-us r++ -ura-l-p -ucts intended for agricultural use ; b � Buildings or other structures containing hazar-4ous ater4a-1s for h-i-on-ii-t n-be der-inen-strateG to the satisfaction- - o T--E--��,-# a - --assessment-aid _ = ` ; &at ien II IT'� k,ti, � a qualified professional-44a I + -_ subject haz-ardous material -coes not pose a major threat to the pub i ; CIF c } -PharmaceLticalsales , use , storage and-distribution centers-that do not manufacture pharmaceutical p7oducts. At- Risk Populations CRITICAL FACILITIES . I } r lan--faci1-ities include , but- are-not limited to a ) Elder care facilities , in-Glutting nursing homes Congregate- care serving t ►eIve ( 1 2 ) or more lndividuals including day care and assisted living facilities; and 0) Public and private schools, including e - 12 sc an _be nd after school- d are ser-si- t ve ( 12 ) or m ch 4d-ren .- d _ ITI AL -F-AC-ILITIES Vital to Restoring -Normal -Sera ices. - , 11 I I 1--to R e stoc Fn g o rnl as- i s4nc I u d c . b &-tare-n ►t-lir n i t a d to : -Essential-govern-merit operationstin-cluding public records , co . irts . jails; -84I4 - perrr: ittng , in-sbections services, community =ad i-nistrat e►n-and rra is ement., maintenance and eq u+pmen-t-cen to r-s ; a n d la) - Ess t-i-al-S-TRU- -TULR-E for -public lleges and universities ,, including-=d -mitories , offices an-elasscoom : i-- - - R TI AL FACE-TIES Vital to Restoring Normal Services listed inPara-graph--raph-- 1-yabove may be--exempted from the def n--of CRITIC .ACEI• ITI -i-r-d-er cn-stcated mat the facility-is an element_of a redundant system for which serv=ice will not oe i:nterrup+ed during OD . At a minimum , it shall be demonstrated that_redundant facilities . . ' ther-owned by the -same utility -or available through -a -i+ r- - -• t alt-agreement Or -other cortract) -and er cted ,. the al:ernative facilities-are either- located - outside of the 1-0-0YEAR FLOODRLAIN or are ee plia i the---prcvis, s- +s ORDINANCE , and an—operations plan-is-in effect-that-states how t 4ant s sterns will prole service t he-afffe ed area in the event of a FLOOD. Evidence -+ f ongoing redundancy shall be provided upon-request. e . Exemptions listed @few—particular categories of CR-ITICAL FACILITIES shall not apply --to STRUCTURES or related- i-nfr-�astr ct-ure that also function as -CRITIC LFAC - L- IT-lES under another category outlined-in-this definition : DE EL OP EN- --Aar+- a made-change to improved or Lln-i rnproved real estate tea; -ii cu d i ng b u-t-rat-limcite -tom • I-I-L- ING or- ot -TRU -TUR , mirir , dredging-1-- grading , :eving , excavation or drilling operations er sto•rag-e-oif equipment or materials.- Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 235 of 246 GF—aise-a---S-TR U- E&EV T104y 1 ,�, p � 4T p " 11-DI - w ll dk . I 111 - f�l I Ik.l I �, d L-I R �'` ` ' r�, fil �V ',r•'i t a t h �TTL�--1f7-1 �� _ ��'"T'� �`q'�-'L�T-•3� T TL��'i7"1�Sa 4 I 't,'TL-T 'C 1�_-flrtir•�r tlh, a r�l_rnl I r^I r-1 ' toil-of-the-E L VAT above -t _ Rye- -e 1 = y f1 r"1 nch o iC �` F �Y i°Y"1 i'°1 h Y� 15 [3 Y�I I, Y i!�•J 744r- teg t e the-BUILD - w a O- CI u orh L -f tn- ,3-0A n oa f , B and E I EnBU L U N G•Lso inc tude --, 4 II f icient t fa ilitat the unim� r er i --moy f ref G1 , ICID ►rat, r • �tri I F' fr,►�- �rVa� i Ir► � � � I- �J� �I �:T Q' r�r-�r�rn aY In G n ral ��fry, rF� -� _ -� ct�- -� h the -r— �- -RU Tt the-effec °ve-date o e F OOrs iN NCE— • s-wlrfh- the ter f i-n -- fie EXIST ING_- NA T- , --H-Q-I, E--P R '- + _ - D-4-# -P , 1 Q 1 HIV- G h h k n off, = -s vi - _ e- n.�r > .1 a 1 TI I 1 �--�► a Ire r� �I . •I . � � � r'1 i t I�, �r� f i r.� I � i t� r~I : �I,�;a r-a ry d " !G� �T- i t PT'GTA7T'F1�Fi�ia T e g r a th T t. hlrr� r�r, to i Wet-eel-bete -of h-us-O-R- k - E J1WW A ._ cti r rti rtif ��• •. ��y # ,�?1I1. {rt�p� �_,r� �. } �p 1 ITS �f1�M"I 6�l� Il°1'1 �'1"'Yt� - add41oIna1 sit - f5 r F7 Ki•L''�`r I f t io - faciiitT - s icing-the-L 77 h ich tTl ce t.F� i 'l TFIxeR7 Ir3fi+ I111^II' ! �, , at � -F t �ttt4h4 es,the-Gansu &t-ioQ r fie+tt+ss arid-either4i 1-si e grath e pot Ir irtig ,If r�►�-� r�rrrete r, ' + ' h" i--a rG-un -- o urr-rennrce o -a I OOIf-'11 an i ri r-p erty-atha t au- --b1ockx : s 1 ii f ti r 1 0 l T A h� l trs w . : .. .. t . _'i s *. r : T BBL E M� i i ' . m. + �e- -bu-not tY rtf'6•`1"4ed t boaIr, t� ri rl r r�-r � n r �th � r rb rti rw t� u� � rt rt r r+� i ��r-ti r�¢ r� �t �, ,�M �t �-•� �-e I�'I �{ ,e p T 1 f ,� f l Ra 7' t - 'Pk TAT : e 4nu nd atioci- 1aI a roll Th oy flrtiw f tirr fir frr, Y CHAi I N RI S r sea ,. ra a4llwr` -ys ,, - r T I u tl I r-1 Ir I Y�i rl r� I = I i r•r rti r� rY I r '�fr erwatef rom any source ri-� H�d-G�r-rJ�s--�-f•it�`f --FLOOD-WAAMA P T • h,- I- I� r✓I l� ,� r�u'�i r-u� #csn^I t Iii r a G � I ,� .WI d l �_l } I r,ti r +u-1 1 Res=-a I ► l v,� 'C3rT��"1"r- ' 7 �i t� t.7 ] ��-Tar FLOOD IN ' +'- ,► l-T � (F/ p -TE - +c4 - - y,--_A i F - - delineated b t h, the- CIAL FLOOD-HAZARD-ARE- FLOOD-INS - y .r"■ i ' �' .■ ,F, ■■ - s,;- ,r r�9.1L7.T,rL7G'�T�J 1-�,� -� lam_ 1d"` ' ` T r# S) t prov dedinGliidesr-FLOOD-pfefiles--t, he FLOOD-BOUNDARY AND-FLOODWAY- MAP-aigid . C' P A 1l f .or OD-PRONE _ t rT-r I �I r-�a susceptible tc ben i Ft--0007-frfeliticlifig • he - area of lar4GLaver v1/441:4€4--fleedwiate " uir � -�'r► kl `�- ,, ■ k y " . I Ct11 aps- ►r11�f .d e J-1 n IT! �' T� L�1. '7'•'� i� T Lti a I�'' II� 1114 1 T'k� _,c-t•f_�Fi i I�-7 I a f r�w�r � , Q-Qat 44 �-,--rte �--n-�- '� � a��"�' � �v-r,-r �l � '�-�r�-1��T �� F��Is -t n g and - I LA E L >✓'-! J MEN PERMIT-A-- construction-orr -E I OP - -T-b EIS wi a D-1 RE 4 F H : �I r-�a r ra II i r�r-I t r3 v3 it a i r� t : . ` I�a y ENT 44:46-014044 WINCE, NCE, FL--QG0 � 1Ch1'1'.�1h1�T The ope it-rr�i rtif ter► r-,tix�r 111 Y;► rr,r�lr-� Y ref r, rr r+ it,a •ter, reyent�tiye measures •uG-ing-FL- L -dd a 9- ; I t 444 ited o a , a � ��+rte r, F -s �� f� I P.I � t�l �'�' � -r-, tre-Terrr a -r -u a�I -o --5- . . .,. _ . L J OP I f : r-1/41-- �9rr.�'i- 11� I,Q,-`Y (ORD4AJAPJGE,I & taid � + - a,fo th l -ef I OOD damage- IOW. 14-O F-G ODP, - o b i n at i n t'r r u•r I aPtd--4- changes-or a stm -tG TRUC UR p giaa r u0 r eerie C[3 L* , w h-ri c i J-i3'C�i-'GiT'+ "Y red k4G' - r�' r, ITr , } f�i 111 `► ,r m r� t�r� rr� I estate i I prov■ d r n k p ;wat F= sa nkc wer r 6 t rid STRUCTURE- - their once _ ADJACENT-1 age-t ' ' ncrrre t I�-u r�l J� T G ( 1 I i �5 f�` 1= d'1 Ik I rill ►r,e R— - R c i�^r h i T h a -I ' -and a for---t h - i ' Chapter 23 - Zoning code updates 316119 DRAFT Page 236 of 246 Ser-a i ne y- stu ne 4f(-- - • - a LETTERS OF-MAP-RVI S I O t -e-xs- n , ions -m y-cenhn ue to u se the F-L D Y -�-f��+a inplacte-at the—me—cif—the-- 0 _ ? e-I+neatio --I F-E= - ap shown_on --r aTBTTL7K7 , 1 .. TADJA_ E T t;' DE--The—h ig+. h st-n to-ral e,Ievat-•�' r 'r- i o-constructron.-n tat R�. r 4 d L►�1aIIC f"Rf m� TRU T I ' I- HI TOh�'d�'"' TR ► CTd P ' Any QTR I I'CT'� RE ��` . -r Sur r '� n �.■� . i i• u � -•.... i . • ..r ae ■ rr ■ ■ ■� �,f I� pc Rt +� e-& ( - le tiP?iry n.ihr'�1t i �-y b t e Department �311"��.1_-if--E"� �T-T�T--PG��3.. �i�'�1 - Department-fi -1�1-r� 424-4444 -- = • e a , _ ' ai • , -m1nrid byr Un- -Sttote reref +a, .o, nt�terior -� • The rellu :r ,,wants fr-, i hid.atir--►,n I R to e dot 7' T-<Tnarily__ a. ,r . ,i IF • .p r a Cam- if°'+c nt rl Rif 17'1 n(�'_''.�qto - thr, histo.r,i l- irrt ific rT, r, f r , is#erer°�I L' e d•strir*fr�li t ti ir-t in ri 1 �. rr ed he `l F ' #-al i f' fi- -F ! z - • istristal •n ll r• 4n-v nt I r dr-tnciMcittally-liErt '' • e ties with--thstor4c-presepocatiGA pfewarris-tlflve-been-cierti ', i T . LETTER OF A I' IQ 7-1`1`1Y 1 Q E rL J ! :. 'r ' M o c . l rre nl t l 1.d e Ue.e . irtitef FE-Pflnovvie49ment-that-apapectifri • F Di flAR . � r-- showing r^+ i r� rge s 4 ne •o - -d - s. �TT�OF M - - FIB i-fl ie- -of ► FL 00l- I ";o In on-the-FIRM-base r I r''� P IP-li A . LEVS-r-r nan TSTRUCTURE , us a I'V.i '3 ra 1-G1�" f"Ifar. I enq p F?'f�TT m n t d �`+ - d and i I ct r�r s,�n--a��, � Z-'-r;-�r+�'�';r '.i�a-c�-rrrr-�►' ��P"�1' �-I-F� rT', -t�ti h c n i r n d n rnt ca'�ti+ '�'-. - + i r� r+r�n.ki i r ce -p•c=ot -io`n F-LOOD • E E anick-associated STRUCTES s^ s sch as Iry r ce rid alr•r, i e ter` ic{ , Ire ,ter n �`'�ted nd ope at r�l it itt'h= ate. "S3' . 1 TGt -ll 1-e T.�J YIS tru _ V 7 1 �i► 1 s - . . eng ecS L . The I Oil 1 TFLOOR r,f t e lowest en.- toroseci are i ir G-{a - r or A EMEN-T— • • - " , _ �ine h Kerr t age sle` ffig o , and eating ec Imo,-r�T�- gre3atinn t - a-use surh- . .B '� i�,� E I'�I � ►* � �'.�_r�e� � s h rti+�� , h� h„csr�l _ r�►r � I f`��l 1� 1 _ W^��• ' - r�� ,a. � I c, h ti r f rr, r parking-of ' c ra A�-�il T 4n . _ . . _ L' "-ces 'e J er r y-f f 4 d e h s. B441-1:-E)� �N�,� ��r+�p, J p �r �� !�'�--�#��r t I� � r� � EASEMENTarr„�,� c� r9 fi l� r�,�,� I T FLOOR ; pro : _-s • ;4o-- ender the .'T R I C T I I l i rwa noneie ationan# f I i FR 6 ■ MA MANUFACTURED Fe able-i-n one-- 1 or section_ -' 4 1 --built o l—a i nd I r'1 ou-s ane t foh hnd tion when 4edGo-the --regui - purposes-of eomp i rrn tix.fith th rent s " e s -r- � rrt e, the Ie-rule - _ E all--a ly to--M 0 BILE HrOrw E• MANUFACTURED PARf QhV '- ! �L1A � a� rr VE � e n<f ♦he Nabon - --R o Ts Ir ve Pr gram l the National - Geodetic-Ve -s- -I -nVert}Gan-Dates 174N AV �, at h hl , to w1 i44-BAS&FL O D EEe -A-1 N h ri-a t F-ttl I -F Lo t NSIAWI'SEE-f AT-E- MAP-are re if'e re rice NEW START-OF N SLTQ I I CT" NI-co enced- n- after August 25 . - g, &TRUCTURESQ SUB��'{J�� jJ�. PD E+41 f-r�r �.� h i cr t h ��.+�_.py_�. ,rti in t rs a rdt N r� rti- of $r r~�JI alp fir a rti g t r `y1,�•y�, df�'Y T� + Ih i ► t ,c� 1� �1 _ I . .. +►,. 1-Y 1' ➢ . 4t. � _. _ - T 1 t4 r �c i 1 e L i��I G S l' i A i �- - - - a - ar • }', - - - - ,. . . i „ ri ■ e ., . ,f i n '"� I sit e , c;- gca -g-o '� w 7e vf ore di - co - -Ion or aft�e Li t*- -25 - ; reco d-of--the---results - f - : - naI- ond e +rye whether -p ' t CE R TI-FI- - O•t��- f- p pef ' " � i��r, r,l � ►rti ar T'IT►e� y . t f iGaI dame-are l is g n e � des g i #gyred 1^r I r�r �1 ,�*� r,rrtif q4n r. The -p ' I'cra-I-data-s o be-based an- Chapter 23 - Zoning code updates 31609 DRAFT Page 237 of 246 PHYSICAL1 1rrentIy eff c+%�r;�� f= h �I �� - re--issued r FE -anci_ n k lg = -F-L -D- Ies;-d+ -ni r one FIRM paRel<< • b F - - 4- • -a- d P w rtnt _ � � '-�'j� _ t _ ,� t _ u_ ,�� y� i iie�- - � - - - - - 1 u- - - a ie { o r l e [[CLl_e _[T �lS'�'4' 1 I C yr L�r L 9 + d - N i i [yde ned - ' t-d li ng-but-m - t,�- r e ary-4ivt ng-quarters r+e r T ; , traveI r- sei441-USE- P AL—F-L-- D_ R •F E - T --l-n-d-ire-F OCUP LAIN Gt---to- ne } rGent- + eat - r e -L OD I- in an .v -yam OF—MAP — PE FOOD H �► .a 1 � � r�e� - -ica l l y--amen I OF— * ZAR , Z-04 ' r r�rp € , 1` jF� r a 'r, n 11 �n oximate: Flo l - E I 'k R � ��rr�-` f' -ARE here BASE FW D I + n .I ,� .I l�`�►- �haveot b:ee c rslete rm PSI --by - : -e e ew -a{ d-d t e between-o (1 -a 1 r- fe rr A S`'T O I"11 1 �' ''-�-T 1-T .° -- -F - elvehi4 factors I rav -bee - - . e -SPI RD A R are-between ( 3)-feet-wrth4 e-average d a p t kti of 9 f 1 P4,1 r w' I�r �ti r 1� F� 1 f rti r1 1 d��"'i r� I-l! ► f hav ew t-er-mTe4—b E 't- 'h - d- - --Zones- E-a ; _. PE -F—L-QQ' A I ,ire B E Fi Or- ,a )- ■ i ■ t 1 = ■ a a a as ■ as ■ aa a .1 1 P Y..1AZAGM' I...,h .. {- a of the- ►---' n - '-tie- 500--YEAR - FLOC—Ds. _-- -pfll- n --( a r -a d )-a r► - P LF-L D-I4 at- ar- sk-of F-L001 , ti - - Q artaiT r-g--'tc-- _ - r7 r F TQ I!_ li 1 a - t+ -1 perrnIt - v n - r i is i1--•c . .r'•L. - F .f. • d ru r . ter- a i =r s �� I s r .i a s r . s'- - . • , • was' isci i , ' ' r I �.� t t,-� 1 � 1� '�:: I iL1 N 11_ a actu l b '� - - - �a-t7-t� ��i�-I�i�'3C'�- ��t�-P +cj'� �k� �.:tY-Yt`-I�- _ . is �t�t�� —e�g�[u��--�-r-AR} I rep& ita r:oar-�r�rla tructior, p- - e lel--t--o `-etI" er- Fwvementwas-+T". ithi' --gin 111 , ._stgh ( 1 ) days - I suGh-as-the-pe -e r, a r r�rfi1'rrr �nr�l �, ° - �r,r� � � . a, - - R -ddoes 1 x: + NT - ►tin -peers--+ unc akfor t -motion -c fi -f-r -;-Feet-does- • + l k l 1 i era pf-oper*eflaGG r,r 12a f le i GSThs 1 - es-o e a 1nof r,CcUp +6d-8s-dwat - - , =t e- aiw &TR -aT 4 P D -E ENT-, th ctu-al T RTM N T a► I I G T4ON4n& h e fir t a t ty y-- rsU a U ng;-fir'-- tFustat Gf a-131.11-1-ha G +b� T e the ,r�, ,r,1st � ratiio is-the-e xt 1- imens Eons r t -IL 1 - - gt •1 t bites Dens 4� - i rested-or er�.F*�e � r� �.d if i oar l I I I�I� I f1�1 r� t3 n �r er �c'Q t'� �-• !✓r'ra�'al`'�rx•-'� C"`�� ``rte, o y A rrti P L" ii f%r; I I a r :i i or-cones-- o f. c oifie -te c�- f - c-. fr' rl�# { r� t u t—,r-ti t i ri r-, I'a t rl i !met-Gables-or-di sty + ion- f ` -ice pus u 1 s—h1-fd ' al nom; fe I-LD I-t4 y-w-g -er -star e--t, -k p�, yr- - SUB �a. T 1 LD � _ r Da, ,.I , �e rig 1 n-shed Sd 4 L; yes U YY he 1: e e--crost-of-A sto 1 ng t-he aSc ? -b-ef 1 eire-cl a -al-or-exceed- J pe1n o mfl. 1= r fact prie-tir -- 443 'e-° amage occa 1r•re U TA 1hT /-M ' -OM ME TAn '- --, ffi est—of whieh-ecithais-orexs 4 {` y percerl- E t'`�rs f o-i =t TA -T-- CO U T4 4-44- ovem t-: &. r- w I r-I T L I I r TURF -- av- -- ANT4AU -E regarthess-of the as r-f --1ih �m - w i—t-�(' I1.►ara de eitifr-4T1'eT: d riy-' Gtfe _ - nto- a-STT- CT- • existing-s1a4e-or- IocaP I-a e I c rti i t r� r 1 or- + � R'p, I �t t B-ti � •�O t a r�t is r-I r5 a.A r l l l rrg r-,f ,-ti.r,r,,,� ll -- r-'o V - It- �-r+�rrT- T'Q l I C T 1 I - -G+nt AIu --de's*g n Ion --a--H I STOR II C-STRUCT E V rS ' A OE: 1 r - 1 -a= n-fio re uWr me t -oi-=fie- = u4ements- of- thisr-ORQINANCErwhaci sp c- ento rea regent wou4d r i ire-err 1—�i'r oar i�r r sftp . 'k I �' mfr r ,, per iii - n struction--Of hTYFL TrwT . i s : ' i • Ja ` GE-- Ma-A ORDINANCE- Chapter 23 - Zoning code updates 3/6/ 19 DRAFT Page 238 of 246 WATERCOURSE: A natural or arti-f4 . which stormwate-r-or -FLOOD water can flow ,_etiither regularly or infrequently, WATER U A TI O N: The Ise-r' ,: 1 l a do. he N .at-i a4 G eodetie-V rt al-Da:u r ( N 'D) -of 1929 , North American-Vertical Datum- D) -of 1 or ober datum , where spe i FLOODS of -various magnitudes and frequencies in the FLOiODPL I a a , WAT HT: I+ le to the passage-of wateiP.and capable of resist4 , ,d; and- -r--e-d-yr any-tt loads and the effects of hueyaRey -during a BASE FLOOD . Division 2 through Division 6 [ NO CHANGE] ARTICLE XII - Storm Drainage Criteria [ NO CHANGES] APPENDIX 23 -C - PERMITTED SIGNS BY TYPE AND ZONE DISTRICT SIGN TYPE , A FR-1 P-2 R-3 R-4 R-3 E C-1. C- 2 C-3, C-4 I -1 I.2 1 -3 INS d Banner BANNER SIGN no no no no P no no no yes/z es z yesiz yesiz yesiz y e yesiz T es z 4iboard BILLBOARD • no no no no i nono no I yes/z yes/1z yes/z yes/z yes/ z yes/ z yes/z no (not allowed in PUD ) i i Building BUILDING I no no no no no no no : yesiz yes/1z yes/z yes/z I yes/1z yesiz yes/z yes/z SIGN yes yes yes y es yes yes yes ° yesyes BUILDING MARKER "�' ' ' ' yes yes yes yes opy CANOPY SIGN no , no no no no no no ' es z yesiz 1 � esfr yesiz yesta es z es . z no j Development yesiz yes/z yes/z yes/1z r yes/z yes/z yes/z yes/z yes/z yesiz ' 1yes/z /es/z es z es z .e�s .z DE 'ELOPMEf T SIGN , " FLAG yes yes yes yes yes yes yes yes yes yes yes , yes yes yes yes Freestandingir �-- - �- i es no no no no no n FREESTANDING I ICI o yesiz yestz yesiz yes/1z yes z ye sitz yes/1z yesiz Identification i II ENTl FI ATI I ' J yes yes yes yes yes yes yes yes yes yes yes , yes yes yes yes d Incidental INCIDENTAL I yes/a yes/a yes/a yes/a yes/a yes/a ire s/a yes yes I yes j yes yes yes yes yes - 1 -- - - - - - - - - - mss-_ _ 11 Off Site Directional OFF-SITE DIRECTIONAL I yes/z no no no i no no no yesiz yes/z es/z yes/z yesfz yes/z yes/z no (not allowed in PUN y — — I Political POLITICAL I' yes SIGN yes yes yes yes yes yes yes yes yes yes yes yes I yes yes Real Estate I p i Promotional REAL yes/1z yesiz yesiz yesiz � esiz es�z yesiz yes/z yes/1z yesiz yesiz yesiz ESTATE PROMOTION �' yes/1z yes/z es z SIGN Resi i l RES1D ENTIAL SIGN J yes yes yes yes yes yes yes no no no no no no no no , i Suspended SUSPENDED I ! no no no no no no no yes/z yes/z; yes/z, yes/Pi � yes/1z � yestz � yesiz yes/z Chapter- 23 — Zoning code updates 3/6/ 19 DRAFT Page 239 of 246 Temporary yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes TEMPORARY SIGN i Window WINDOW no no no no no no no yes yes yes yes ' no no is no no SIGN I - --�BEACONS , ROOF SIGNS , PENNANTS , inflatable , tethered balloons , PORTABLE SEGNS and strings of light bulbs used for commercial 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 ti R-2 Duplex Residential Zone District D R-3 I Medium - Density Residential Zone District ra R-4 High-Density Residential Zone District R-5 Mobile Home Residential Zone District - 7 E Estate Zone District C-1 Neighborhood Commercial zone District i 1 C-2 General Commercial Zone District C-3 Business Commercial Zone District C-4 I Highway Commercial Zone District I - 1 Industrial Zone District [2 Industrial Zone District �. 1 -3 Industrial Zone District Institutional - ei + j ' -Darks and oub Ic recreation fad Wes C.HURCHES0 SCHOOLS, CEMETERIES PUBLIC PARKS and PUBLIC RECREATIONALRECREATIONALFACILITIES in Agricultural and,. Residential Zone Districts and INSPlanned Unit Development ( PUD) Zone District shall be evaluated by the underlying use(s) U'SE (5' unless otherwise stated 1-- YES Such SIGN is allowed without prior zoning approval YES/Z Such SIGN is allowed only wptn prior zoning approval NO Such a SIGN is not allowed YES/A I No COMMERCIAL MESSAGE of any kind allowed on SIGN APPENDIX 23 - D - NUMBER AND DIMENSIONS OF INDIVIDUAL SIGNS BY ZONE DISTRICT AND TYPE ALLOWED AXI I SIGN MAXIMUM IMUM SIGN TYPE NUMBERU AREA HEIGHT Banner BANNER SIGN 1 per zone lot ZONE LOT 40 sq . ft . 1 per zene let ZONE LOT. No Billboard B-itibeard BILLBOARD BILLBOARD shall be located less than 50G ft . - 300 scq ft . 40 ft . ( not allowed in PUD ) from any other Billb►o, cd BILLBOARD or Off Site D4rec-tion-a! OFF-SITE DIRECTIONAL SIGN . Chapter 2 — Zoning code updates 3/6/ 19 DRAFT Page 240 of 246 On a given wall , the sum of No higher than all BUILDING SIGNS whichthe I, Building BUILDING SIGN No limit require a zoning permit top f the builcing ing shall not exceed 8% of that BUILDING i 1 wall 's sq. ft. Bui-IcinMarker BUILDING MARKER. 1 per building BUILDING 4 seq . ft . 10% of the vertical surface Canopy CANOPY SIGN I per BUILDING face of the canopy or 25 sq . ft., I I whichever is smaller _—II Development 1 per Planned URit; Development PLANNED UNIT C & P - 150 sq _ ft . all other C & I - 25 ft . all DEVELOPMENT SIGN DEVELOPMENT, Minor or Major Subdivision zones - 32 sq . ft . others ft . I . , P , gt E - 15 sq . ft . total A, Rs & E - 15 ft. LAG 1 per zone lot ZONE LOT C I & INS - 5C sq . 'ft . total C.,r 1 & �� - 1 30 ft. A, 11S - 1 per zone lot ZONE LOTa C & 1 - 1 per 16 sq . ft. C , I - 25f1. Free�star 4-n- zone lot ZONE LOT,. 1 per each 500 ft . of road C & I - 150s+q. ft. A - 6ft. FREESTANDING SIGN frontage or 1 per each different road frontage, I - INS - 32 .s�q . ft, 15 ft. whichever is greater. * t Identification 1 per tenant located within buildingcf t r� tl� IDENTIFICATION SIGN BUILDING 2 sq , ft . ft. L INCIDENTAL L N/A N/A eA Co I F A. - 1 per zone lot ZONE LOT. No off site Off--S,+e Di ectionatOFF - directional sign OFF-SITE DIRECTIONAL SIGN SITE DIRECTIONAL SIGN shall be located less than 500 ft. from any other 1 - 00 sq . ft ° I - ft. ( not allowed in CPU D ) bilrhaard BILLBOARD or Oft Site Directional SignA - 150 sq . ft. A 30 ft . OFF-SITE DIRECTIONAL SIGN . Political POLITICAL SIGN No (limits I No limits No limits y Real Estate Promotional . REAL ESTATE 1 per public access single- or double-faced 48 sq . ft . each ` 12 ft . PROMOTION SIG (On- , Premises) I Real Estate Promotional REAL ESTATE 2 single- or double-faced; must have landowner 48 PROMOTION SIGN ( Off- permission , min . 300 ft. s pacin sq . ft.. h ft. Premises) d FResidentiall RESIDENTIAL - - i SIGN 1 per zone lot ZONE LOT 1 sq. ft. ft. rTem o+r TEMPORARY - - _ - 6 ft. pA, R, & E 4sg4ft . AFR, & E 1 per zone lot ZONE LOT SIGN Cr I & INNS - 8 .sq. ft. Cf I & INS - 8 ft Wall WALL SIG N/A I NAI _...] [window W SIGN 1 N/A 25% of total window area KEY TO ABBREVIATIONS 4 -. - --- , , Agricultural Zone District 1 _ St-1 Low-Density Residential Zone District I . Chapter 23 _ Zoning code updates Mil DRAFT Page 241 of 246 R-2 Duplex Residential Zone District R-3 Medium - Density Residential Zone District R High-Density Residential Zone District R-5 Mobile Home Residential Zone District E Estate Zone District -1 Neighborhood Commercial Zone District C-2 General Commercial Zone District - L C- susi ness Commercial Zone District C-4 Highway Commercial Zone District II-1 Industrial Zone District C-4 1-2 Industrial Lone District 1-3 Industrial Zone District a Church _ - ,, ., 1 _ - . CHURCHES. SCHOOLS, CEM ETERI ES1 PUBLIC PARKS and PUBLIC RECREATIONAL FACILITIES in Agricultural and Residential Zone Districts and INS Planned Unit Development ( PUD) Zone District shall be evaluated by the underlying e(s;W USES) unless otherwise stated * SIGNS calculated by road frontage must he constructed in the 500 feet of road frontage or on the different road frontage, they may not be grouped. A DDCMfIV 'Jill —C _ OCCIii T"Tt re c- ink! rU A D A rTr o f QTI r e Dv 7fl M t ni ero iI T rue r 1!_ re sag 1n can— - 1 t. rani 1 u 6aL" limi 1 1l l I rt.I 'trkNee C Il , t1 ‘el 1 1 % 1..I I cW1 'IiL 1=01146P 1 1. Xl %it 1' n SIGN TYPE A R-1 R-2 R-3 R-4 P-5 E C- 1 C- 2 C-3 +C-4 1 - 1 1 -2 I-3 INS A i Animated ANIMATED SIGN no no no no no ne no no no no no no no no no '1I 4 i I, d 1' V Q, CHANGEABLE COPY SIGN no no no no no ; no no yes yes yes ; yes yes yes yes yes I Illumination, Internal ' - - no jno I no no no f no yes yes yes I yes yes 1 yes i yes I no lllumination . External [JF'Y] yes yes yes I yes yes yes I Ivesives yes yes ; yes yes yes yes I yes I Illumination , Exposed Bulbs or Neon no no no no no no I no no no , no no no no no I no KEY TO ABBREVIATIONS A Agricultural Zone District R- 1 Low-Density Residential Zone District r -- R-2 Duplex Residential Zone District R-3 Medium-Density Residential Zone District Rao i High- Density Residential Zone District R-5 VMobile Home Residential Zone District E Estate Zone District C-1 Neighborhood Commercial mereial Zone District C-2 General Commercial Zone District C-3 Business CommercialZone District C-4 Highway Commercial Zone District Chapter 23 — Zoning code updates 3/6/ 19 DRAFT Page 242 of 246 - . Industrial Zone District -2. Industrial Zone District 1-3 Industrial Zone District Institutional - Churches, schools,. cemeteries, p'ubiic parks and put4ic rccr tion facilities, CHURCHES, SCHOOLS, IN CEMETERIES, PUBLIC PARKS and PUBLIC RECREATIONAL FACILITIES in Agrtultural and Resr�dential Zone Districts and Planned Unit Development ( PUD ) Zone District shall be evaluated by the underlying uses USE(S) unless otherwise stated 'YES r such SIGN is allowed NO m s uch a SIGN is not allowed * - TEMPORARY SIGNS may not be illuminated APPENDIX 23 - LIST OF REF ERAL AGENCIES A. Owners, operatorsLor users of any irrigation ditch , lateral , or pipeline that traverses the i:rope ty _ B . Any rnunicip►alit 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 ccmpliarl_ce, 3. Floodplain 'Administrator. 4 . Public Health and Environment . 5 _ Department of Public Works . 6 . Extension office, 7 . Office of Emergenoyl anagement . 8 . Sheriffs Office . D . State agencies , including but not limited to : 1 . Colorado Department of Public Health and Environment.. 2 . Colorado Department of Transportation . 3 . Colorado Geological Survey,. 4 . Colorado Oil and Gas Conservation Commission , 5 . Colorado State Division of Wildlife , . Colorado State Engineer, Division of Water Resources . 7 . Colorado Water Conservation Board . B , History Colorado . 9 . Public UtilitiesCommission _ E . Federal acencies , including_ but not limited to : 1 . Bureau of Alcohol , Tobacco , Firearms . and Expoeives , 2 . Environmental Protection cer cy_ 3 . Farm Service Agengy_- _U DA). 4 . Federal Aviation Administration . 5 . Federal Communications Commission . Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 243 of 246 6 . Federal Emergency Management Agency. 7 , Food and Drug Administration . 8 . Natural Resource Conservation Service ( USDA : . 9 . U . S . Army Corps of Ergineeeers - 10 . U _ S . Bureau of Land Management . let U S . Bureau of Reclamation . 12 U . S , Fish and Wildlife Service . 13 , LS . Forest Service - 14. Western Area Power Administration . F . Airports . G . Conservation tstricts .. H . Fire districts . I . Poudre TraNl! Authority , J . Railroads . K . Special distrJcts . L . Utility companies . M _ Any other agencies or individuals whose review the Department of Planning Services deems necessary . CHAPTER 29 - Building Regulations ARTICLE I - General Provisions Sec . 294 -20. - Definitions . Factory-built (modular) home means a manufactured home constructed to "factory-built residential recuire.ments" established by the State Housing Board designed for insta lation and installed on a permanent foundation and meeting IRC standards . Manufactured home means a preconstruoted 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 residenti�ccupancy Jn either temporary or permanent ocations ; c _ Is constructed in compliance with the "National Manufactured Housing Construction and Safety Standards Act of 1974" , 42 U . S . C . sec . 5401 et sec . , as amended : d . Does not have motive power: and e . Is rot licensed as a vehicle . See also Factory-built modular\ home . str4 t+ure , tfanspectable in -one ( 1 ) or more sections , which is eight f body-feet-or-more in width or forty ( 40) body feet or more in length , or, when erected on site, is three hundred twenty ( 320 ) or mere-square re feet , and which-is builn on a per r I s a dw lPing with or without a permanent fns inch ion when—cone toted to the requirrod -utilities; Land includes the-$u ng;he -ng , trr-r cordit=-o in-g and elect itat-s stems . ( See also the definition of a factory-built home _ ) ►,-r or bu ' Iding permits for manufactured homes are advised that the Definition for n t his Code , is-the-following : Manufactured home means a single-fa ty--dying which : is pr cti = y--or-entirely manufactured in-a-factory, than twenty four (24) feet in wi t ;af s-i n sta it e# on an engineered perm lent foundation in compliance with ANSI A22.541 - anufactured Hom ions , ;op , C -11-as bric wood or cosmetically equivalent exterior-siding- and a pEtoneci roof -and-is- certified pursuant-to Chapter 23 — Zoning code updates 3/8/ 19 DRAFT Page 244 of 246 the National Mar--u- ctuc Housing'. Construction and Vie. char ct f 97 • , Lk_. C-,--54-04-et seq . 1 ,h� n•ot b �UU . to_d terlor-ate to the conditiol of a4we1 e manufactured -crilabiletyriomea. Ilan-utactu red-homes--m ti ng this- it- . • . • _ - e All other marLfactured home - �� t • Bate • ,r � � use i In' ted to certain zone + r a r �r�ta rev Q -r r r z districts,r icts and may be require i no.e with Chapter 23, Arti &e--IV, Division 3 lat-this Code prior to the i~ oe ems' d -permits_ (See Section 2&-7 -GO) ARTICLE II - Code Standards Sec . -2 - 110 . = Mobile and mManufacturoad 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 staind.ards_ 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 Diivisiion of Housing Manufactured Housing Installation Program . Any installation of a manufactured home in the County shall be performed in strict accordance with the applicable manufacturer's installation instructions, Where the manufacturer' s instructions are not applicable , installation shall be in accordance with ANSI A225. 1 1994, as amended by the Colorado Division of Housing. A copy of the manufacturer's instructions or the standards promulgated by the Colorado Division of Housing shall be available at the time of installation and inspection . A. Setbacks . Zoning setbacks shall meet the requirements set forth in Chapter 23 of this Code. Additionally, distances from other structures or property lines shall be as specified in R302 of the IRC . B . Foundations . t_ Basement or crawlspace foundations and any manufactured structure that requires a Flood Hazard Development Permit for mobile or manufactured homes shall be designed by an architect or engineer licensed by the State . Additionally , if a site specific soils report is not provided , an "open hole" inspection shall be conducted by an architect or engineer licensed by the Stater Subsequent to that inspection, a written letter bearing the architect's or engineer's sta ; p shall be presented to and approved by the Building Inspection Department prior to backfilling around the foundation . 2 . An architect or engineer licensed by the State may, perform all foundation perimeter drain , dampproof and concrete encased electrode inspections.. If this option is used , setback and offset distances must first be approved by Weld County Building Inspectors, and a stamped letter from the architect or engineer must be received and approved by the Building Inspection Department prior to any other inspections on the home. This letter must state that the architect or engineer did perform the 'inspections and that the work is consistent with the design drawings for the foundation . 3 . An engineered foundation is required where unstable or expansive soil conditions are encountered . Otherwise, it is permissible to use a foundation consisting of block piers and tie-downs _ This foundation shah be according to the manufacturer' s installation manual . When a mobile or manufactured home has been previously set up and the manufacturer's installation manual is no longer available , the foundation shall meet the standards based on ANSI A225 . 1 - 1994 . When manufactured homes are required to be permanently installed under the provisions of Chapter 23 of this Code , they shall be groundset, forming a crawlspace under the home. Dirt shall be sloped away from the house at a minimum grade of two percent ç2% ) . Finished grade against the home shall be a minimum of six (6 ) inches and a maximum of twelve ( 12 ) inches below the exterior siding . The crawispace shall meet the requirements for ventilation and access openings as found in Section P408 of the IRC . C . Skirting , Skirting shall be provided around the bottom of the mobile or manufactured home to ground level . Skirting shall be made of a material which is approved for exterior use by the IRC . Skirting must have nonclosing vents located at or near each corner and as high as possible . Open vent area must be equal to at least one ( 1 ) foot for every one hundred fifty 0 50 ) square feet of the home's floor area . C . Retaining wails , I Retaining walls installed around the outside perimeter of mobile and manufactured homes for the purpose of ground setting shall be constructed so as to resist loads due to lateral pressure, Chapter 23 Zoning code updates 3/6/ 19 DRAFT Page 245 of 246 2 . All wood used in retaining or crib, walls shall be treated wood . E . Landings and steps . Landings and steps shall meet the standards of Section R311 of the IRC . F. Minimum plumbing requirements.. Every mobile and manufactured home used as a dwelling unit shall be provided with a kitchen sink and a bathroom equipped with facilities consisting of a water closet, lavatory and either a bathtub or shower. Each sink , lavatory and either a bathtub or shower shall be equipped with hot and colds running water necessary for its normal operation . G . Approved sewage disposal . All mobile; manufactured and factory-built (modular) homes shall be connected to either an approved public or private sewage disposal system , Private sewage disposal systems are subject to permitting requirements of Chapter 30 of this Code , as administered by the Department of Public Health and Environment,. The home shall not be occupied nor a final building approval or certificate of occupancy issued until the septic permit has been given final approval by the Department of Public Health and Environment, H . Temporary storage. A mobile-or manufactured home receiving a zoning permit for temporary storage shall only be required to be blocked and tied down . No utility hookups of any type , including septic systems , shall be allowed . ARTICLE VII -. obi -Man ufactu red or Factory- Built ( Modular) Home Permits Sec . 29-7-10 . - Permit required . No mobs manufactured or factory-built ( madu'larj home, as defined in this Building Code , may be located or relocated within the County without a building permit issued by the Building Official . Secs 29-7 -20 . - Additions , alterations or repairs . l' obile, mManufactured or factory-built ( modular), homes to which additions , alterations or repairs are made shall comply with all requirements of this, Building Code . A separate building permit shall be applied for as provided for in Article Ill of this Chapter. Sec . 29 -7 -30 . - Connection of two mobile Or manufactured homes for human habitation . No more than two ( 2 ) mobile or manufactured homes may be connected or physically attached . The following rAgi iirnrnnnts rmAt : [SUBSECTIONS A THROU H F. NO CHANGES] Sec. 29 -7 -40 . - Application . Each application for a permit, with the required fee , shall be filed with the Building Inspection Department on a form furnished for that purpose. The applicant shall give a description of the home, including make, model , year, serial number and size , the mobile, manufactured , factory -built ( modular) home certification number, if any , issued by any state or by the United States, and a description of the type of foundation to be used . The applicant shall also list the location , ownership and use of the land an which the home is to De placed . The application shall be signed by the property owner or an authorized agent. For additional requirements , see Sections 9 3 a 1 10 through 29-3- 190 of this Chapter. Sec . 29 -7 -50 . - Plot plan . [ NO CHANGES1 Sec . 29 -7 -60 . - Zoning compliance . Prior to the release of a - -Ie- manufactured or factory-built (modular) home permit, the Department of Planning ervices will review the applicator) 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 application shall be riven to the Building Official for review and issuance .. Planning permit a s+ cs Chapter 23 — Zoning code updates 3/6/19 DRAFT Page 246 of 246 Sec. 29440 . - Approval and issuance of permit. [ISO CHANGES] Sec . 29 -7 -80 . Fees . Any person desiring a permit fora mobile , manufactured orfactary-built : modular) home repWred by this Buifding Code shall, at the time of filing an application therefor, pay a fee to the Building inspection Doppartment as established by the Board of County Commissioners in Chapter5o►f this Code . Sec . 29-7-90 through 9-7410. [NO CHANGES ] Sec . 29-7 - 120 . - Required inspections . Setbacks, foundation , underground inspections , electrical , mechanical , hating , plumbing , skirting , grading , steps and iandings , final septic and final approval inspections conducted pursuant to this Building Code shall be required of all mobilo , manufactured and factory-built ( modular) homes. Hello