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Home My WebLink About20173602.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Sparrow, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: PRESENTED BY: REQUEST: ORDINANCE 2017-08 MICHELLE MARTIN IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTVITIES OF STATE INTEREST, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS AND CHAPTER 29 BUILDING REGULATIONS OF THE WELD COUNTY CODE be recommended favorably to the Board of County Commissioners. Motion seconded by Tom Cope. VOTE: For Passage Against Passage Bruce Sparrow Terry Cross Tom Cope Gene Stille Lonnie Ford Absent Bruce Johnson Jordan Jemiola Michael Wailes The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 3, 2017. Dated the 3rd of October, 2017 461,66-11--,1941.461.42a. Kristine Ranslem Secretary 2017-3602 Sec. 21-3-330. - Application submittal requirements. B. Submittal requirements for all applications for a development permit for a major facility of a public utility, where applicable: 5. The following items and information: For upgrades of existing transmission lines (115 kV or greater) or gas pipelines (ten -inch diameter or greater}, provide a sketch showing all existing transmission lines and pipelines within one (1) mile on either side of the proposed alignment. Sec. 23-1-90. - Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: jCAMPING : 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. HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment of the resident therein, where: a. Whether a CLASS I or CLASS II, a HOME OCCUPATION may utilize up to fifty percent (50%) of a DWELLING UNIT and/or in ACCESSORY BUILDINGS with appropriate building permits. b. Such USE is clearly incidental and secondary to the USE of the dwelling for dwelling purposes and shall not change the character thereof. c. Hours of operation for public access shall be limited between 7:00 a.m. and 7:00 p.m. d. There is no exterior storage, display or sales of materials, goods, supplies or equipment related to the operation of such HOME OCCUPATION, nor of any highly explosive or combustible materials. e. Does not create any negative impacts to the public health, safety and general welfare of the adjacent property owners, such as little or no offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash accumulation, heat, glare or electrical interference, or other hazard or nuisance noticeable off the LOT. f. HOME OCCUPATIONS shall maintain compliance with Health, Building and all other applicable local, state and federal regulations. Ordinarily, a HOME OCCUPATION shall not be interpreted to include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, mortuary, vehicle or boat repair (including painting) or organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). HOME OCCUPATION - CLASS I: A HOME OCCUPATION - CLASS I shall be conducted solely by the inhabitants of the DWELLING UNIT and comply with all criteria called out in the HOME OCCUPATION definition above. The site shall not be accessible by the public. Signage: may consist of a maximum of one (1) nonilluminated sign no more than one (1) square foot in size which must be attached to the face of the DWELLING UNIT. Ordinarily, a HOME OCCUPATION - CLASS I shall include similar uses to home office (no customers), cake decoration and internet sales, etc. A day care home (eight [8] or fewer children under the age of sixteen [16]) shall be considered a CLASS I HOME OCCUPATION. HOME OCCUPATION - CLASS II: A HOME OCCUPATION - CLASS II shall be conducted by the inhabitants of the DWELLING UNIT plus up to two (2) external employees and comply with all criteria called out in the HOME OCCUPATION definition above. Two (2) associated COMMERCIAL VEHICLES can be included under this application. There shall only be incidental sales of stocks, supplies or products conducted on the premises. Signage: may consist of a maximum of one (1) nonilluminated sign no more than nine (9) square feet in size which must be attached to the face of the DWELLING UNIT. Does not produce traffic volumes exceeding that produced by the DWELLING UNIT by more than sixteen (16) average daily trips, provided adequate off-street parking is provided. Please keep in mind that one (1) vehicle produces two (2) trips, one (1) when arriving and one (1) when leaving. Therefore, an average of only eight (8) cars can come to the property per day. Trips include those produced by the residents for any purpose related to conducting the business, the two /2) employees, clients, deliveries related to the business, etc. Ordinarily, a HOME OCCUPATION - CLASS II shall include uses similar to hair salon, MASSAGE PARLOR, welding shop, tax preparation with customers, etc., provided it meets the criteria set forth. RECREATIONAL FACILITIES : The following classes of recreational facilities have the following meanings: a. PUBLIC RECREATIONAL FACILITIES : PUBLIC parks, zoos, swimming pools, golf courses and other such facilities owned or operated by or under the direction of a government agency or a nonprofit corporation. b. PRIVATE RECREATIONAL FACILITIES : Includes golf courses, tennis courts, swimming pools, country clubs and RECREATIONAL FACILITIES for fraternal organizations, all of which are owned and operated by either nonprofit organizations with a limited membership or by private persons who own the facilities and are the only users of them. c. COMMERCIAL RECREATIONAL FACILITIES : Includes bowling alleys, health spas, swimming pools, tennis courts, miniature golf facilities or lakes constructed specifically for the purpose of conducting a water skiing commercial enterprise, and operated on a commercial basis for USE by the paying public. MASSAGE PARLOR: an establishment that provides massage treatments. WATER SKIING: An aquatic recreation activity that is typically associated with a body of water and a motorboat and personal water craft. Sec. 23-2-230. - Duties of Board of County Commissioners. B. The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Use by Special Review, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection B and Sections 23-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection B and Sections 23-2-240 and 23-2-250 of this Division are met. The applicant shall demonstrate: 1. That the proposal is consistent with in Chapter 22 and any other applicable code provisions or ordinances in effect. 2. That the proposal is consistent with the intent of the district in which the USE is located. 3. That the USES which would be permitted will be compatible with the existing surrounding land USES. 4. That the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provisions or ordinances in effect, or the adopted MASTER PLANS of affected municipalities. 5. That the application complies with Article V and XI of this Chapter if the proposal is located within any Overlay District Areas or a Special Flood Hazard Area identified by maps officially adopted by the County. 6. That if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the proposed use. 7. That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. Sec. 23-2-490. - Duties of board of county commissioners. The Use by Special Review Permit duties of the Board of County Commissioners for a PIPELINE NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE DOMEST C WATER are imitec according to the provisions of Section 30 28 "0, C.R.S., anc tie -ome Rule Charter. The Board of County Commissioners may approve an application for construction or expansion of a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER only if all applicable requirements of this Division are met, and the applicant has shown that the application is consistent with Chapter 22 of the Weld County Code and the following standards: A. All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural USES and lands. B. The PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable MASTER PLANS. / C. The design of the proposed PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER mitigates negative impacts on the surrounding area to the greatest extent feasible. D. The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of NOXIOUS 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 - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC 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 - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area. No adverse impact, from stormwater runoff, to the public rights -of -way and/or surrounding properties as a result of the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER. Sec. 23-2-530. - Standards, The Board of County Commissioners may PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS nd 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 be impacts on agricultural USES and lands. B. —�e aPELINE - NATURA_ GAS anc PIPELINE --TROLEUM aRODUCS O -ER -AN NATURAL GAS and PIPELINE DOMESTIC WATER will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable MASTER PLANS. C. The design -of the proposed PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE DOMESTIC WATER mitigates s es be ma n of NOXIOUS WEEDS. a nec E-. The applicant has agreed Boarc of County Commissioners to ensure that tie iealth, safety anc we fare of the iniabitants of the COUNTY will be protected, and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE DOMESTIC WATER. n suc i a manner so as :o con ro soil erosion, dust and the growth 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 arca. G— The nature and location or expansion of the PIPELINE - NATURAL GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE DOMESTIC WATER any endangered wildlife species, unique natural resource, known historic landmark or arcnaeo ogicAa site within tie affectec area. H. No adverse impact, from stormwater runoff, to the public rights -of -way and/or surrounding properties as a result of the PIPELINE NATURAL GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER. Sec. 23-3-30. - Accessory uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District so long as they are clearly incidental and ACCESSORY to the USES allowed by right in the A (Agricultural) Zone District. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the bulk requirements contained in Section 23-3-50 below. ACCESSORY USES within the A (Agricultural) Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after August 25, 1981 on LOTS in an approved or recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling subdivisions of less than ten (10) acres shall not exceed four percent (4%) of the total LOT area, except in Regional Urbanization Areas, which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING exceed twice the GROSS FLOOR AREA of the primary residence on the LOT except by variance. Any accessory structure made nonconforming by application of this Section may be repaired, replaced or restored in total. R. Recreational activities, including: 1. Hunting. 2. Fishing. 3. Camping J CAMPING 4. Water skiing WATER SKIING. Sec. 23-3-40. - Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the A (Agricultural) Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. C. Recreational facilities and USES including: 1. COMMERCIAL Race tracks and race courses. 2. DRIVE-IN THEATERS, subject to the provisions of Section 23-4-410. 3. Golf courses. 4. Shooting ranges, subject to the provisions of Section 23-4-370. 5. Guest farms and hunting lodges. 6. Fairgrounds. 7. PUBLIC or commercial camping COMMERCIAL CAMPING 8. COMMERCIAL RECREATIONAL FACILITIES. Sec. 23-3-210. - C-1 (Neighborhood Commercial) Zone District. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-1 Zone District except for one (1) or more of the following USES, which must be conducted in ENCLOSED BUILDINGS and in compliance with the performance standards contained in Section 23-3-250, below. No outside storage will be allowed in the C-1 Zone District. USES within the C-1 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1 Stores and shops which furnish personal services and merchandise primarily intended for personal, family or household purposes by the residents of the area in which the use is located. Individual stores or shops may not have a GROSS FLOOR AREA greater than three thousand (3,000) square feet. Stores and shops in the C-1 Zone District may not have business hours during any part of the period between 10:00 p.m. and 6:00 a.m. Examples of proper stores or shops include: convenience food stores, hardware stores, barber or beauty shops, liquor stores, dry cleaners and coin -operated laundries. 2. RESTAURANTS, not including those having a total customer seating capacity of more than one hundred (100) and not including RESTAURANT operations including the delivery of food or beverages to customers' vehicles on the premises or RESTAURANT operations that are predominantly off -premises consumption in nature. 3. SCHOOLS and PUBLIC SCHOOL extension classes. 4. COMMERCIAL SCHOOLS, limited to indoor instruction. 5. PUBLIC RECREATIONAL FACILITIES, community BUILDINGS, museums and libraries. 6. Police and fire stations and facilities. 7. OFFICES, but not including INDIVIDUAL OFFICES with A GROSS FLOOR AREA over three thousand (3,000) square feet. 8. UTILITY SERVICE FACILITIES. 9. CHILD CARE CENTER. 10. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the sale of fireworks and Christmas trees, subject to the permit requirements of Article IV, Division 7 of this Chapter. 11. Massage parlor, subject to the additional licensing requirements of Section 12 48.5 101, et seq., O.R.S. 12. Asphalt or concrete batch plant used temporarily and exclusively for an on -site construction project or the completion of a PUBLIC road improvements project. The six-month limitation for this TEMPORARY use may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. 13. One (1) TELECOMMUNICATION ANTENNA TOWER subject to the provisions of Article IV, Division 10 of this Chapter. 14. BREWPUB. 15. OIL AND GAS FACILITIES. a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C-1 (Neighborhood Commercial) Zone District until a WOGLA has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. Division 14 - Cultivation, Manufacture, Distribution and Sale of Medical or Recreational Marijuana or Marijuana -Infused Products A. Refer to Chapter 12 Article VII of the Weld County Code. Sec. 23 4 1000. Prohibition of cultivation, manu-facture, distribution or sale of medical or recreational marijuana or marijuana infused products in any zone district. purpose of cultivation, monufacture-, d+stributi n or sale of MEDICAL MARIJUANA or MEDICAL MARIJUANA -INFUSED PRODUCTS, except for patients cultivating for their personal consumption, in compliance with the terms, cond-it+ons, km tations and restrictions in Section 14 of Article XVIII of the Colorado Constitution, or except when such persons are with the terms, conditions, limitations and restrictions of Section 25-1.5 106, C.R.S. B. No STRUCTURE or tract of purpose of cultivation, manufacture, distribution or sale of RECREATIONAL MARIJUANA or MARIJUANA INFUSED PRODUCTS. Sec. 23-44010. Prohibition of the operation of medical marijuana centers, optional premises cultivation operations and medica district. marijuana infused products manufacturers' icenses in any zone No STRUCTURE or tract of anc in any zone &'strict in he County may be use& for tie purpose of tie operation of MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES CULTIVATION OPERATIONS and MEDICAL MARIJUANA -INFUSED PRODUCTS MANUFACTURERS' LICENSES. Sec. 23 4 1020. - Definitions. As used in this Division, the words and phrases set forth below have the following definitions: MED CAL MAR JUANA: IVarijuana that is grown anc sold pursuant to the provisions of Title '2, Article MEDICAL MARIJUANA CENTER: A person licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12 13.3 102, C.R.S., that sells MEDICAL MARIJUANA to registered patients or primary caregivers as defined in Section 14 of Article XVIII of the Colorado Constitution, but i€ consumption other than by smoking, including but not limited to edible products, ointments and tinctures, and is otherwise not a MEDICAL MARIJUANA INFUSED PRODUCT. WED CAL MAR JUANA NFUSED PRODUCT: A procuct infuses wits WED CAL WAR JUANA teat is intended for use or consumption other than by smoking, including, but not limited to -edible products, ointments and tinctures. MEDICAL MARIJUANA -INFUSED PRODUCTS MANUFACTURER: A person licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as deecri-bed in Section 12 43.3 404, C.R.S. OPTIONAL PREMISES CULTIVATION OPERATION: A person licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12 43.3-403, C.R.S. :hat is grown and sold pursuant to the provisions of Title 12, Article 43.4, C.R.S., and for the purposes authorized by Section 16- of Article XVIII of the Colorado Constitution. Sec. 23-11-310. - Definitions. Unless specifically defined below or in Section 23-1-90 of this Code, words or phrases used in this ORDINANCE shall be interpreted to give them the meaning they have in common usage and to give this ORDINANCE its most reasonable application. The following specific words or phrases in uppercase letters shall have the meanings as stated in this Section. BASEMENT: Any floor level below the first story or main floor of a BUILDING, having its flood sub - grade (below ground level) on all sides. The lowest floor of a residential building including basements must be 1 -foot above the BASE FLOOD ELEVATION (BFE). CRAWLSPACE, BELOW GRADE - A BELOW GRADE CRAWLSPACE is a crawlspace that has an interior grade no more than two (2) feet lower than the exterior grade and is below the base flood elevation. All BELOW GRADE CRAWLSPACES must comply with Technical Bulletin 11. Sec. 23-11-340. - Exemptions. The following open space and emergency USES are allowed to occur in a FLOODPLAIN or FLOODWAY without a FLOODPLAIN DEVELOPMENT PERMIT, provided that such USES are not prohibited by any other resolution or statute, do not require STRUCTURES, do not require alteration of the FLOODPLAIN such as FILL, excavation or permanent storage of materials or equipment and will not cause FLOOD losses on other land or to the public: A. Agricultural USES such as tilling, farming, irrigation, harvesting, grazing, etc.; B. Private and public recreational USES that do not include overnight vehicle parking or camping which is otherwise in violation of provisions of this Chapter; C. Irrigation and livestock water supply wells, provided they meet the standards for wells in a FLOODPLAIN; D. Emergency FLOOD damage prevention measures such as sandbagging. In addition to the above enumerated exemptions, DEVELOPMENT activities following a FLOOD, for the purpose of reconstruction and restoration of road infrastructure to pre FLOOD conditions in a FLOODPLAIN or FLOODWAY, do not require a FLOODPLAIN DEVELOPMENT PERMIT. Sec. 23-11-350. - Permit procedures. C. Per 44 CFR 60.3(a), FLOODPLAIN DEVELOPMENT PERMIT applications submitted for review shall include, at a minimum, the following information. Applications containing less than the specified requirements shall not be accepted for review unless the applicant has submitted to and had approved by the FLOODPLAIN ADMINISTRATOR written justification as to why a particular requirement does not pertain to the proposed DEVELOPMENT. 1. A completed FLOODPLAIN DEVELOPMENT PERMIT application form provided by the FLOODPLAIN ADMINISTRATOR; 2. An explanation of how the standards in this ORDINANCE have been or will be met; 3. A mapdrawn and certified by a registered Colorado professional engineer, which accurately displays the following information: a. The name and address of the property owner; b. A legal description which describes the Section, Township and Range of the property; c. Scale and north arrow; d. Topographic map at the BUILDING site, including a map (plot plan) drawn to an appropriate scale and the location of known encumbrances and spot elevations for the site near all existing and proposed STRUCTURES; a WATER SURFACE ELEVATIONS of the BASE FLOOD ELEVATION at the BUILDING site. If the WATER SURFACE ELEVATIONS are not shown on the FBFM or FIRM, the applicant's engineer shall use acceptable methodology to determine the WATER SURFACE ELEVATIONS and show them on the map; f. Boundaries of the FLOODPLAIN and FLOODWAY on the property; g. A plot plan which shows the location, shape, exterior dimensions and distance from LOT or property lines of each existing or proposed STRUCTURE relative to the FLOODPLAIN and/or FLOODWAY boundaries; h. The elevation of the LOWEST FLOOR, including the BASEMENT or crawlspace, of all new and SUBSTANTIALLY IMPROVED STRUCTURES; i If applicable, the elevation to which any nonresidential STRUCTURE will be FLOODPROOFED; Proposed vehicular access to the property; and k. Any FILL, proposed and existing storage of materials, and proposed and existing drainage facilities located on the property. Sec. 23-11-360. - General standards. In all SPECIAL FLOOD HAZARD AREAS, the following provisions are required for all DEVELOPMENT, NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS: B. All FLOODPLAIN analysis done for the purpose of obtaining a FLOG LAINI�EV,ELOPMENT PERMIT shall be performed utilizing the appropriate FEMA accepted AVAILABLE DATA. Q. A BELOW GRADE CRAWLSPACE is considered a crawlspace that has an interior grade lower than the base flood elevation. Construction of a BELOW GRADE CRAWLSPACE shall: 1. Have an interior grade elevation no lower than two feet below the lowest adjacent exterior grade. 2. Have the height of the BELOW GRADE CRAWLSPACE measured from the interior grade of the crawlspace to the top of the foundation wall, not to exceed four feet at any point. 3. Have an adequate drainage system that allows floodwaters to drain from the interior area of the BELOW GRAD CRAWLSPACE following a flood. 4. Meet the requirements of anchoring for MANUFACTURED HOMES, be constructed of materials resistant to flood damage, and meet the requirements of flood vented structures. 5 Comply with FEMA Technical Bulletin 11, as amended. R. All electrical must be elevated a minimum of one (1) foot above the base flood elevation unless the electrical meets the exception in ASCE 24. Sec. 23-11-370. - Specific standards for Approximate Floodplains (Zone A). In addition to the general standards in Section 23-11-360 above, the following provisions are required for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS designated as Zone A (Approximate Floodplain): A. Per 44 CFR 60.3(b) and CWCB FLOODPLAIN Rule 11, all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENT of any residential STRUCTURE shall have the LOWEST FLOOR (including BASEMENT or crawlspace) ELEVATED a minimum of one (1) foot above the BASE FLOOD ELEVATION. Upon completion of the STRUCTURE, the elevation of the LOWEST FLOOR, including BASEMENT or crawlspace, shall be certified by a registered Colorado land surveyor. The certificate shall utilize FEMA's Elevation Certificate and must include all information requested on the Elevation Certificate. Sec. 23-11-380. - Specific standards for FLOODPLAINS with BASE FLOOD ELEVATIONS (Zones A1 -A30, AH, AO and AE). In addition to the general standards in Section 23-11-360 above and specific standards for Approximate Floodplains in Section 23-11-370 above, the following provisions are required for all NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS designated as Zones A1 -A30, AH, AO and AE: E. Per 44 CFR 60.3(c), Zone AO (shallow flooding) areas can be located within the SPECIAL FLOOD HAZARD AREA. These SPECIAL FLOOD HAZARD AREAS are associated with BASE FLOOD depths of one (1) to three (3) feet where a clearly defined CHANNEL does not exist and / where the path of FLOODING is unpredictable and where velocity flow may be evident. Such FLOODING is characterized by ponding or sheet flow. The following provisions shall apply: 1. All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS of residential STRUCTURES shall have the LOWEST FLOOR (including BASEMENT or crawlspace) ELEVATED above the HIGHEST ADJACENT GRADE at least one (1) foot above the depth number specified in feet on the FIRM. If no depth number is provided on the FIRM, the LOWEST FLOOR (including BASEMENT or crawlspace) shall be a minimum of three (3) feet above the HIGHEST ADJACENT GRADE. Upon completion of the STRUCTURE, the elevation of the LOWEST FLOOR, including the BASEMENT or crawlspace, shall be certified by a registered Colorado land surveyor. Such certification shall be submitted to the FLOODPLAIN ADMINISTRATOR. 2. With the exception of CRITICAL FACILITIES, all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENT of any commercial, industrial or other nonresidential STRUCTURES shall either have the LOWEST FLOOR (including BASEMENT or crawlspace) ELEVATED to a minimum of one (1) foot above the BASE FLOOD ELEVATION (at least three [3] feet if no depth number is specified) or, together with attendant utility and sanitary facilities, be designed so that, at one (1) foot above the BASE FLOOD level, the structure is WATERTIGHT with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect licensed in the State shall develop and/or review structural design, specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice. Sec. 24-8-30. - Subdivision exemption. A. The subdivision exemption is intended for the following six (6) eight (8) purposes: 1. Division of a parcel of interest in a parcel which does not result in the creation of a new residential or permanent building site. When otherwise allowed by recorded exemption regulations, the subdivision exemption can be utilized in conjunction with a recorded exemption to separate one (1) additional existing habitable residence with accessory outbuildings from any of the recorded exemption parcels. A subdivision exemption lot in conjunction with a recorded exemption created prior to March 1, 2004, is eligible for a one -time -only land exemption. A subdivision exemption lot in conjunction with a recorded exemption created after March 1, 2004, is not eligible for a future land exemption. The subdivision exemption must meet the following criteria: a. A minimum of two (2) habitable residential improvements are required. b. The residential use of the improvements must be continuous with any gap in use being less than one (1) year. c. The residential improvements must be continuously claimed and taxed as residences by the Assessor's Office. d. The subdivision exemption is the best alternative to dispose of existing improvements. e. No more than one (1) subdivision exemption for this purpose may be submitted with a recorded exemption application. f. The applicant is only eligible to apply for a subdivision exemption if it is the first recorded exemption done on the property on or after December 15, 1992, the inception date of the subdivision exemption. g. The residences were not originally constructed on separate legal lots. 2. For adjustment of property lines between two (2) contiguous parcels. 3. For the creation of lots for the purpose of financing. a. Lots created for the purpose of mortgaging a dwelling unit shall not result in the creation of a lot to be sold separately. Upon termination of the mortgage arrangement, the lot shall cease to exist. b. Foreclosure of the parcel created for financing purposes shall not create a separate legal parcel unless the process described in Section 24-1-40, under Subdivision or subdivided land , has been followed. 4. For the non -permanent use of a parcel for public utility facilities. 5. For the non -permanent use of a parcel for oil and gas production facilities, oil and gas storage facility or oil and gas support and service facilities. Upon termination of the leasehold arrangement, the lot and access shall cease to exist. 6. For the non -permanent use of a parcel for Telecommunication Antenna Tower facilities. 7. For the non -permanent use of a parcel for a mining operation. 8. For the non -permanent use of a parcel for a Solar Facility. Sec. 29-2-120. - Area of special flood hazards standards. All new construction and substantial improvements within an area of special flood hazards shall meet the following standards: H. All mobile and manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor (including crawlspace or habitable basement) of the structure is a minimum of one (1) foot above the base flood elevation and is securely anchored to an adequately anchored foundation system. All electrical must be elevated a minimum of one (1) foot above the base flood elevation unless the electrical meets the exception in ASCE 24. No final inspection shall be approved for any oil and gas production facilities located within an area of special flood hazard until the facilities are anchored to resist flotation, collapse or lateral movement. ..,K. No final inspection shall be approved for any new construction, substantial improvements of any structure, mobile or manufactured home within an area of special flood hazard until the property owner submits an elevation certification or floodproofing certification completed by a Colorado registered professional engineer or architect. Certifications shall be on the most recent version of FEMA's forms. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, October 3, 2017 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Terry Cross, at 12:30 pm. Roll Call. Present: Bruce Sparrow, Gene Stille, Lonnie Ford, Terry Cross, Tom Cope. Absent: Bruce Johnson, Jordan Jemiola, Michael Wailes. Also Present: Kim Ogle, Chris Gathman, and Michelle Martin, Department of Planning Services; Hayley Balzano, Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the September 19, 2017 Weld County Planning Commission minutes, Moved by Tom Cope, Seconded by Bruce Sparrow. Motion passed unanimously. CASE NUMBER: PRESENTED BY: REQUEST: ORDINANCE 2017-08 MICHELLE MARTIN IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTVITIES OF STATE INTEREST, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS AND CHAPTER 29 BUILDING REGULATIONS OF THE WELD COUNTY CODE Michelle Martin, Planning Services, presented Ordinance 2017-08, providing a brief explanation of the proposed code changes. Commissioner Stille inquired about the camping definition for more than seven consecutive nights and felt that it is too much government intervention. Ms. Martin said that they are not proposing any changes to the seven consecutive nights as that is currently in the code, however, they are proposing to add the last sentence to the definition. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Motion: Forward Ordinance 2017-08 to the Board of County Commissioners along with the Planning Commission's recommendation of approval, Moved by Bruce Sparrow, Seconded by Tom Cope. Motion carried unanimously. Meeting adjourned at 2:59 pm. Respectfully submitted, allbant- Kristine Ranslem Secretary 1 PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 21 SECTION(S) PROPOSED TO BE MODIFIED: Section 21-3-330.b.5.c RATIONALE FOR MODIFICATION: Section 23-1-90 of the Weld County Code defines PIPELINE- NATURAL GAS: Any pipeline and appurtenant facilities capable of transporting natural gas which is twelve (12) inches in diameter or larger, as measured from the outside of the pipeline, and is designed to operate at a hoop stress of twenty percent (20%) or more at their specified minimum yield strength (SMYS), as shown on construction plans or diagrams require a USR per Section 23-3-40 LL. Therefore to eliminate confusion the reference to gas pipelines in Chapter 21 should be removed. PROPOSED MODIFICATION: Section 21-3-330.b.5.c For upgrades of existing transmission lines (1 15 kV or greater) or gas pipelines (ten inch diameter or greater), provide a sketch showing all existing transmission lines and pipelines within one (1) mile on either side of the proposed alignment. PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23 SECTION(S) PROPOSED TO BE MODIFIED: Section 23-3-210.B.11 and 23-1-90 RATIONALE FOR MODIFICATION: The County retains the authority to regulate massage parlors through the land use process, just not to issue permits under the state statute and therefore recommend removing the reference to state statue. Currently a massage parlor is a use by right in the C-1 (Neighborhood Commercial) Zone district and would require a Site Plan Review. We are recommending it requires a Use by Special Review in the Agricultural Zone District and adding a definition for massage parlors under Chapter 23. PROPOSED MODIFICATION: Section 23-1-90 MASSAGE PARLOR: an establishment that provides massage treatments. HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment of the resident therein, where: a. Whether a CLASS I or CLASS II, a HOME OCCUPATION may utilize up to fifty percent (50%) of a DWELLING UNIT and/or in ACCESSORY BUILDINGS with appropriate building permits. b. Such USE is clearly incidental and secondary to the USE of the dwelling for dwelling purposes and shall not change the character thereof. c. Hours of operation for public access shall be limited between 7:00 a.m. and 7:00 p.m. d. There is no exterior storage, display or sales of materials, goods, supplies or equipment related to the operation of such HOME OCCUPATION, nor of any highly explosive or combustible materials. e. Does not create any negative impacts to the public health, safety and general welfare of the adjacent property owners, such as little or no offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash accumulation, heat, glare or electrical interference, or other hazard or nuisance noticeable off the LOT. f. HOME OCCUPATIONS shall maintain compliance with Health, Building and all other applicable local, state and federal regulations. Ordinarily, a HOME OCCUPATION shall not be interpreted to include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, mortuary, vehicle or boat repair (including painting) or organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). HOME OCCUPATION - CLASS I: A HOME OCCUPATION - CLASS I shall be conducted solely by the inhabitants of the DWELLING UNIT and comply with all criteria called out in the HOME OCCUPATION definition above. The site shall not be accessible by the public. Signage: may consist of a maximum of one (1) nonilluminated sign no more than one (1) square foot in size which must be attached to the face of the DWELLING UNIT. Ordinarily, a HOME OCCUPATION - CLASS I shall include similar uses to home office (no customers), cake decoration and internet sales, etc. A day care home (eight [8] or fewer children under the age of sixteen [ 16]) shall be considered a CLASS I HOME OCCUPATION. HOME OCCUPATION - CLASS H: A HOME OCCUPATION - CLASS II shall be conducted by the inhabitants of the DWELLING UNIT plus up to two (2) external employees and comply with all criteria called out in the HOME OCCUPATION definition above. Two (2) associated COMMERCIAL VEHICLES can be included under this application. There shall only be incidental sales of stocks, supplies or products conducted on the premises. Signage: may consist of a maximum of one (1) nonilluminated sign no more than nine (9) square feet in size which must be attached to the face of the DWELLING UNIT. Does not produce traffic volumes exceeding that produced by the DWELLING UNIT by more than sixteen (16) average daily trips, provided adequate off-street parking is provided. Please keep in mind that one (1) vehicle produces two (2) trips, one (1) when arriving and one (1) when leaving. Therefore, an average of only eight (8) cars can come to the property per day. Trips /include those produced by the residents for any purpose related to conducting the business, the two (2) employees, clients, deliveries related to the business, etc. Ordinarily, a HOME OCCUPATION - CLASS II shall include uses similar to hair salon, MASSAGE PARLOR, welding shop, tax preparation with customers, etc., provided it meets the criteria set forth. + �ction 23-3-210. - C-1 (Neighborhood Commercial) Zone District. v 11. MASSAGE PARLOR, seq., C.R.S. . • PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23 SECTION(S) PROPOSED TO BE MODIFIED: Section 23-1-90, 23-3-30 and 23-3-40 RATIONALE FOR MODIFICATION: The proposed modification clarifies the definition of camping and commercial camping and when it's a use by right or use by special review. PROPOSED MODIFICATION: Section 23-1-90 of the Weld County Code / CAMPING : A recreational activity involving the spending of up to seven (7) consecutive g p g 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. /RECREA TIONAL FACILITIES : The following classes of recreational facilities have the following meanings: a. PUBLIC RECREA TIONAL 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 RECREA TIONAL 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 RECREA TIONAL FACILITIES : Includes bowling alleys, health spas, swimming pools, tennis courts, miniature golf facilities or lakes constructed specifically for the purpose of conducting a water skiing commercial enterprise, and operated on a commercial basis for USE by the paying public. d. WA TER SKIING : An aquatic recreational activity that is typically associated with a • WATER SKIING : An aquatic recreational activity that is typically associated with a body of water and a motorboat and personal water craft. /'Section 23-3-30.R Recreational activities, including: 1. Hunting. 2. Fishing. 3. Camping. CAMPING 4. Water skiing. WATER SKIING Section 23-3-40.C of the Weld County Code in the Agricultural Zone District (Use by Special Review) Recreational facilities and uses including: 1. COMMERCIAL Race tracks and race courses. 2. DRIVE-IN THEATERS, subject to the provisions of Section 23-4-410. 3. Golf courses. 4. Shooting ranges, subject to the provisions of Section 23-4-370. 5. Guest farms and hunting lodges. 6. Fairgrounds. 7. PUBLIC or COMMERCIAL CAMPING 8. COMMERCIAL RECREATIONAL FACILITIES PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23 SECTION(S) PROPOSED TO BE MODIFIED: Section 23-2-230.B.5 RATIONALE FOR MODIFICATION: This would allow Secti County Code. 23-2-230.B PROPOSED MODIFICATION: to be consistent with Section 23-2-220.A.5 of the Weld that the application complies with Article V and XI of this Chapter if the proposal is located within any Overlay District Areas or a Special Flood hazard Area identified by maps officially adopted by the County. PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23 and Chapter 29 SECTION(S) PROPOSED TO BE MODIFIED: Section 29-2-120 and Section 23-1 1 multiple sections of the floodplain code. RATIONALE FOR MODIFICATION: Allow for the use of below grade crawlspaces that are also below the base flood elevation and allow for any type of crawlspace to be below the base flood elevation. This will allow more flexibility for property owners building structures in the floodplain. Add the definition of below grade crawlspace and clarify the definition of basement. Ensure that electrical, heating, ventilation, etc. meet the one foot freeboard (BFE+1). Modify the exemptions section per feedback from the CAV with CWCB and FEMA. PROPOSED MODIFICATION: ARTICLE XI - Floodplain Management Ordinance Division 1 - General Provisions /Sec. 23-11-310. - Definitions. Unless specifically defined below or in Section 23-1-90 of this Code, words or phrases used in this ORDINANCE shall be interpreted to give them the meaning they have in common usage and to give this ORDINANCE its most reasonable application. The following specific words or phrases in uppercase letters shall have the meanings as stated in this Section. BASEMENT: Any floor level below the first story or main floor of a BUILDING, having its floodr sub -grade (below ground level) on all sides. The lowest floor of a residential building including basements must be 1 -foot above the BASE FLOOD ELEVATION (BFE). CRAWLSPACE, BELOW GRADE - A BELOW GRADE CRAWLSPACE is a crawlspace that has an interior grade no more than two (2) feet lower than the exterior grade and is below the base flood elevation. All BELOW GRADE CRAWLSPACES must comply with Technical Bulletin 11. Division 3 - Floodplain Development Permit Procedures Sec. 23-11-340. - Exemptions. The following open space and emergency USES are allowed to occur in a FLOODPLAIN or FLOODWAY without a FLOODPLAIN DEVELOPMENT PERMIT, provided that such USES are not prohibited by any other resolution or statute, do not require STRUCTURES, do not require alteration of the FLOODPLAIN such as FILL, excavation or permanent storage of materials or equipment and will not cause FLOOD losses on other land or to the public: A. Agricultural USES such as tilling, farming, irrigation, harvesting, grazing, etc.; B. Private and public recreational USES that do not include overnight vehicle parking or camping which is otherwise in violation of provisions of this Chapter; C. Irrigation and livestock water supply wells, provided they meet the standards for wells in a FLOODPLAIN; D. Emergency FLOOD damage prevention measures such as sandbagging. structure to pre -FLOOD PERMIT. ec. 23-11-350. - Permit procedures. 3. A map - -- - . - -- - - -- - - - .. -...-- which accurately displays the following information: Division 4 - Standards /ec. 23-11-360. - General standards. In all SPECIAL FLOOD HAZARD AREAS, the following provisions are required for all DEVELOPMENT, NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS: B. All FLOODPLAIN analysis done for the purpose of obtaining a FLOODPLAIN DEVELOPMENT PERMIT shall be performed utilizing the appropriate FEMA accepted methodology, and BEST AVAILABLE DATA. Q. A BELOW GRADE CRAWLSPACE is considered a crawlspace that has an interior grade lower than the base flood elevation. Construction of a BELOW GRADE CRAWLSPACE shall: 1. Have an interior grade elevation shall be no lower than two feet below the lowest adjacent exterior grade. 2. Have the height of the BELOW GRADE CRAWLSPACE measured from the interior grade of the crawlspace to the top of the foundation wall, not exceed four feet at any point. 3. Have an adequate drainage system that allows floodwaters to drain from the interior area of the BELOW GRADE CRAWLSPACE following a flood. 4. Meet the requirements of anchoring for MANUFACTURED HOMES, be constructed of materials resistant to flood damage, and meet the requirements of flood vented structures. 5. Comply with FEMA Technical Bulletin 11, as amended. R. All electrical must be elevated a minimum of one (1) foot above the base flood elevation unless the electrical meets the exception in ASCE 24. ,/ Sec. 23-11-370. - Specific standards for Approximate Floodplains (Zone A). In addition to the general standards in Section 23-11-360 above, the following provisions are required for all NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS designated as Zone A (Approximate Floodplain): A. Per 44 CFR 60.3(b) and CWCB FLOODPLAIN Rule 11, all NEW CONSTRUCTION o r SUBSTANTIAL IMPROVEMENT of any residential STRUCTURE shall have the LOWEST FLOOR (including BASEMENT or crawlspace) ELEVATED a minimum of o ne (1) foot above the BASE FLOOD ELEVATION. Upon completion of the STRUCTURE, the elevation of the LOWEST FLOOR, including BASEMENT -or crawlspace, shall be certified by a registered Colorado land surveyor. The certificate shall utilize FEMA's Elevation Certificate and must include all information requested o n the Elevation Certificate. /Sec. 23-11-380. - Specific standards for FLOODPLAINS with BASE FLOOD ELEVATIONS (Zones Al -A30, AH, AO and AE). In addition to the general standards in Section 23-11-360 above and specific standards for Approximate Floodplains in Section 23-11-370 above, the following provisions are required for all NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS that are located in SPECIAL FLOOD HAZARD AREAS designated as Zones A1 -A30, AH, AO and AE: E. Per 44 CFR 60.3(c), Zone AO (shallow flooding) areas can be located within the SPECIAL FLOOD HAZARD AREA. These SPECIAL FLOOD HAZARD AREAS are associated with BASE FLOOD depths of one (1) to three (3) feet where a clearly defined CHANNEL does not exist and where the path of FLOODING is unpredictable and where velocity flow may be evident. Such FLOODING is characterized by ponding or sheet flow. The following provisions shall apply: 1. All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS of residential STRUCTURES shall have the LOWEST FLOOR (including BASEMENT or crawlspace) ELEVATED above the HIGHEST ADJACENT GRADE at least one (1) foot above the depth number specified in feet on the FIRM. If no depth number is provided on the FIRM, the LOWEST FLOOR (including BASEMENT or crawlspace) shall be a minimum of three (3) feet above the HIGHEST ADJACENT GRADE. Upon completion of the STRUCTURE, the elevation of the LOWEST FLOOR, including the BASEMENT or crawlspace, shall be certified by a registered Colorado land surveyor. Such certification shall be submitted to the FLOODPLAIN ADMINISTRATOR. 2. With the exception of CRITICAL FACILITIES, all NEW CONSTRUCTION or SUBSTANTIAL IMPROVEMENT of any commercial, industrial or other n onresidential STRUCTURES shall either have the LOWEST FLOOR (including BASEMENT or craw space) ELEVATED to a minimum of one (1) foot above the BASE FLOOD ELEVATION (at least three [3] feet if no depth number is specified) o r, together with attendant utility and sanitary facilities, be designed so that, at one (1) foot above the BASE FLOOD level, the structure is WATERTIGHT with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect licensed in the State shall develop and/or review structural design, specifications and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice. Sec. 29-2-120. - Area of special flood hazards standards. H. All mobile and manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor (including habitable crawlspace or basement) of the structure is a minimum of one (1) foot above the base flood elevation and is securely anchored to an adequately anchored foundation system. I. All electrical must be elevated a minimum of one (1) foot above the base flood elevation unless the electrical meets the exception in ASCE 24. PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23 SECTION(S) PROPOSED TO BE MODIFIED: Section 23-2-490 and 23-2-530 RATIONALE FOR MODIFICATION: This proposed modification would clarify the duties of the Board of County Commissioners when reviewing USR's for Pipelines by moving Section 23- 2-530 under 23-2-490 and then deleting Section 23-2-530. PROPOSED MODIFICATION: Section 23-2-490 -Duties of Bboard of Ceounty Ceommissioners. The Use by Special Review Permit duties of the Board of County Commissioners for a PIPELINE NATURAL /GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE DOMESTIC WATER are limited according to the provisions of Section 30 28 110, C.R.S., and the Home Rule Charter. The Board of County Commissioners may approve an application for construction or expansion of a PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER only if all applicable requirements of this Division are met, /and the applicant has shown that the application is consistent with Chapter 22 of the Weld County Code and / the following standards: A. All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural USES and lands. B. The PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable MASTER PLANS. C. The design of the proposed PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER mitigates negative impacts on the surrounding area to the greatest extent feasible. D. The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of NOXIOUS 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 - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER. E. 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 - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area. H. No adverse impact, from stormwater runoff, to the public rights -of -way and/or surrounding properties as a result of the PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER. • . . . �IN-E PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE DOMESTIC WATER only if all applicable requirements of this Division are met, A - B7 C • • • • • The PIPELINE NATURAL GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE DOMESTIC WATER will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable MASTER PLANS. The design of the proposed PIPELINE NATURAL GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE DOMESTIC WATER mitigates • , , . • • . . • • NOXIOUS WEEDS. ELT • • • . . .. . • • AS -and PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE DOMESTIC WATER. • action is consistent with the best interests of the people of the COUNTY and represents a balanced use of resources in the affected area. The nature and location or expansion of the PIPELINE NATURAL GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE DOMESTIC • • . • . • 1 l' . 1 . • unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area. properties as a result of the PIPELINE NATURAL GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE DOMESTIC WATER. PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 24, Article VIII SECTION(S) PROPOSED TO BE MODIFIED: Section 24-8-30.A.8 RATIONALE FOR MODIFICATION: This code change would allow Solar Facilities the ability to apply for a subdivision exemption_ PROPOSED MODIFICATION: ✓Section 24-8-30 8. For the non -permanent use of a parcel for a Solar Facility. PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23 SECTION(S) PROPOSED TO BE MODIFIED: Division 14 RATIONALE FOR MODIFICATION: In a work session October 24, 2016 it was recommended that Division 14 be delated from the Weld County Code and Marijuana be enforced through the Weld County Sheriff's Office. PROPOSED MODIFICATION: Division 14 - Cultivation, Manufacture, Distribution and or Sale of Medical or Recreational Marijuana or Marijuana -Infused Products A. Refer to Chapter 12 Article VII of the Weld County Code. Sec. 23 4 1000. Prohibition of cultivati� .. . . . . • A. No STRUCTURE or tract of land in any zone district in the County may be used by a person for the purpose of cultivation, manufacture, distribution or sale of MEDICAL MARIJUANA or MEDICAL MARIJUANA INFUSED PRODUCTS, except for patients cultivating for their . . .. . . . in Section 14 of Article XVIII I I of the Colorado -Constitution, or except when such persons are acting as a primary caregiver in compliance with the terms, conditions, limitations and restrictions of Section 25 1.5 106, C.R.S. B. No STRUCTURE or tract of land in any zone district in the County may be used by a person for the purpose of cultivation, manufacture, distribution or sale of RECREATIONAL MARIJUANA or MARIJUANA INFUSED PRODUCTS. Sec. 23 4 1010. Prohibition of the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana infused products manufacturers' licenses in any zone district. No STRUCTURE or tract of land in any zone district in the County may be used for the CULTIVATION OPERATIONS and MEDICAL MARIJUANA INFUSED PRODUCTS MANUFACTURERS' LICENSES. Sec. 23 4 1020. Definitions. Article XVIII of the Colorado Constitution. • MEDICAL MARIJUANA: Marijuana that is grown and sold pursuant to the provisions of . . . . . C.R.S., to operate a business as described in Section 12 43.3 402, C.R.S., that sells MEDICAL MARIJUANA to registered patients or primary caregivers as defined in Section 14 of Article XVIII of the Colorado Constitution, but is not a primary caregiver. RIJUANA INFUSED PRODUCT: A infused MARIJUANA product with ti • . . . . . . ointments and tinctures, and is otherwise not a MEDICAL MARIJUANA INFUSED PRODUCT. IEDICAL MARIJUANA INFUSED PRODUCT: A infused MEDICAL product with • . . . . . . . • • MEDICAL MARIJUANA INFUSED PRODUCTS MANUFACTURER: A person licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12 13.3 101, C.R.S. OPTIONAL PREMISES CULTIVATION OPERATION: A person licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business described in Section 12 43.3 403. C.R.S. as RECREATIONAL MARIJUANA: Marijuana that is grown and sold pursuant to the action 16 of Hello