HomeMy WebLinkAbout791030.tiff I Br( 1979
1 OFFICE OF THE PLANNING COMMISSION
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I ZONING RESOLUTION
'/y/030
I /10/41/
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PURPOSE
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Zoning provides the same type of common sense divisions of
business , residential , and industrial areas that we create in our
' own homes by the use of walls to separate living , sleeping , working ,
and storage areas . By the use of well established legal principles ,
zoning makes possible the safeguarding of residential areas - busi -
ness areas are protected for development in logical areas - and in-
dustrial districts may be preserved in locations with good access
to main travel routes and utilities .
In general , the public health , safety and welfare are
promoted through zoning in the following ways :
' ( 1 ) Property values are protected since uses which would lessen
values are not allowed in areas where conflict would occur .
' ( 2 ) Growth potentiality is increased by the reservation of adequate
land for all uses .
' ( 3 ) Established business areas are protected against the indis-
criminate development of business buildings wherever vacant
or cheap land exists .
' (4 ) The public tax base is stabilized and maintained .
( 5 ) Lending institutions make higher loans in areas protected by
tzoning .
(6 ) Increased safety and consequent lower fire insurance rates re-
sult from the prevention of overcrowding and segregation of
hazardous uses .
' ( 7 ) Residents are protected against loss of light and air due to
the bulk and proximity of neighboring developments .
(8 ) Fire fighting efficiency is aided by the reservation of front ,
' side and rear yards .
( 9 ) Public health is protected from diseases resulting from unsani -
tary , overcrowded conditions .
( 10 ) Street and Highway congestion , safety and construction costs
are influenced by off-street parking requirements , specifica-
tions for adequate sight distance at intersections , and front
yard and setback requirements .
( 11 ) Utility , school , park and other public requirements may be
more efficiently provided where zoning indicates future land
use and densities .
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' TABLE OF CONTENTS
ISECTION PAGE
' Introduction 1
Preface 2
IDistricts and Maps I 3
' Application of Regulations II 5
Use and Density Schedules III 6
' Signs IV 29
Parking Requirements V 32
ISupplementary Regulations VI 33
INon-Conforming Uses and Buildings VII 66
Amendments VIII 67
IBoard of Adjustment , Variances IX 70
Interpretation , Validity , Enforcement X 72
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Violation and Penalties XI 73
IDefinitions XII 74
Repeals and Enactment XIII 82
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INTRODUCTION
The zoning of some unincorporated areas in Weld County , Colo-
rado , has been requested by certain residents in order to preserve
the value of their properties . These individuals realize that mini -
mum standards for new development are essential , if many desirable
features of the present County are to be preserved . Also these pro-
perty owners wish to insure their own investments by having some
knowledge of future development trends . As examples , a new business
unit will wish to locate with good access to future highway routes
' and away from industrial nuisances , just as a new residential develop-
ment will desire to locate away from flood hazards and without con-
flict from normal business expansion .
In order to assist with the zoning of various areas which are
in the path of population expansion in Weld County , the Board of
County Commissioners have appointed a Planning Commission . Members
' of this advisory board , who serving without pay , aid in the prepara-
tion of plans and standards for future growth . One of their responsi -
bilities is to work with property owners in areas where an interest
' has been expressed for zoning .
The terms of this suggested zoning text have been written for
' the special requirements of Weld County . Complicated , involved zon-
ing terms and unnecessary cross -references have been minimized in
order for residents to easily determine how the proposed law would
operate . Wherever applicable , provisions of the City of Greeley
Zoning Ordinance have been used , so that unnecessary confusion of
terms may be avoided .
' Further information may be obtained by contacting members of
the Weld County Planning Commission or other property owners who
have been appointed on special advisory zoning committees .
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PREFACE 2
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A resolution establishing land use zoning within certain un-
incorporated zoning areas in Weld County , Colorado ; adopting maps
of said areas and zoning districts therein ; regulating the use of
1 land and the use , setback , lot area , lot width , yards , and height
1 of building ; providing for the adjustment , enforcement and amend-
ment thereof ; defining certain terms used herein ; prescribing pen-
alties for the violation of its provisions ; and repealing all reso-
lutions in conflict herewith .
1 Be it resolved by the Board of County Commissioners of the
1 County of Weld :
That this resolution shall apply to the unincorporated areas
1 within the County of Weld , State of Colorado , as indicated on the
officially adopted zoning maps of Colorado .
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' DISTRICTS AND MAPS 3
SECTION I
1 . 1 Establishment of Districts
' In order to carry out the provisions of this
Resoltuion , there are hereby created and established
in Weld County , Colorado , the following classifications
' for zoning districts :
A - Agricultural District ( Rev . 12-29-76 )
E - Estate District
' R - Residential District
H - High Density District
MH - Mobile Home District
T - Transitional District
B - Business District
C - Commercial District
' I - Industrial District
S - Scientific District
C-0 - Conservation District (Rev . 11 - 12-70 )
A-P - Airport District
1 . 1 -A All references to the A- I Agricultural District
or A-D Agricultural District contained in any section
of this zoning resolution shall be amended to read A-
Agricultural District . ( Rev . 12-29-76 )
1 . 2 Zoning Map
The boundaries and zoning classifications of dis-
tricts hereby established are as shown on official zoning
maps for areas within Weld County as adopted or amended
after public hearings by the Board of County Commissioners
' of Weld County . Such maps and all notations , references ,
data and other information shown thereon are by reference
hereby made a part of this Resolution .
In the event uncertainty shall be deemed to exist
on the official zoning maps , district boundaries shall
be on section lines ; lot lines ; the centerlines of high-
ways , streets , alleys , railroad right-of-ways or such
lines extended ; municipal corporate lines ; natural bound-
ary lines , such as streams or lakes ; or other lines to
be determined by the Board of Adjustment where uncer-
tainty may exist .
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IDISTRICTS AND MAP 4
I Where a lot is divided by a zoning district boundary
line at the time of enactment of this Resolution or by
subsequent amendments , the less restrictive zoning re-
I quirements may be extended within the lot into the
more restrictive zoning district for a distance of not
more than 50 feet or 10 feet from the lot line in the
more restrictive district .
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APPLICATION OF REGULATIONS 5
tSECTION II
2 . 1 General Application
Except as herein after otherwise provided :
1 . No building shall be erected and no existing building shall
be moved , altered , added to or enlarged , nor shall any
' land , building , or premises be used , designated or intended
to be used for any purpose or in any manner other than is
included among the uses hereinafter listed as permitted in
the district in which such building , land or premises is
located .
2 . No building shall be erected , reconstructed or structurally
altered to exceed in height the limit hereinafter desig-
nated for the districts in which such building is located .
3 . No building shall be erected , nor shall any existing build-
ing be altered , enlarged or rebuilt , nor shall any open
space surrounding any building be encroached upon or re-
duced in any manner , except in conformity to the yard , build-
ing site area and building location regulations hereinafter
designated for the district in which such building or open
space is located .
1 4 . No yard or other open space provided about any building for
the purpose of complying with provisions of this resolution
shall be considered as providing a yard or other open space
for any other building , and no yard or other open space on
one lot shall be considered as providing a yard or open
space for a building on any other lot .
2 . 2 Existing Building
The regulations contained herein are not retroactive in
their application to existing building .
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' USE AND DENSITY SCHEDULES 6
' SECTION III
1 3 . 1 Reference
The following schedules of regulations applying to
' the use of the land , and the use , lot area , lot width ,
height , yards , setback and floor area of and about
buildings , and all other matters contained herein , as
1 indicated for the various districts established by this
Resolution , are hereby adopted and declared to be a part
of this Resolution , and may be amended in the same manner
' as any other part of this Resolution . The regulations
listed for each district as designated read either from
left to right or top to bottom of each schedule .
3 . 2 Listing of Uses
The listing of any use in said schedule as being
permitted in any particular district shall be deemed to
be an exclusion of such use from a more restricted
district , unless such use is specifically permitted in
the more restricted district under the language set
1 forth in the schedule .
3 . 3 Uses Permitted in the ,A-Agricultural Zone District
A . Intent - The intent in establishing the A-Agricul -
tural Zone District is to allow all agricultural
related uses in those areas in which agriculture
is and should continue to be the predominant land
use . This district is intended to discourage en-
croachment of incompatible uses upon the agricul -
tural land in the district , to encourage agricul -
tural uses as the highest and best use of the land
in the district as compared with other uses in
conflict therewith , and to provide for the orderly
expansion of urban growth in conformance with the
Weld County Comprehensive Plan . ( Rev . 12/29/76 )
B . Uses Permitted by Rig_ht - Revised November 9 , 1977 .
1 . Farming , Ranching and Gardening ;
' 2 . One Single family dwelling per legal lot ;
3 . The following accessory structures and uses
shall be permitted when they are appurtenant
to the principal permitted use and are
reasonably necessary to the advancement of the
farm use ;
' a . Dwellings or living quarters for persons
customarily employed at or engaged in the
principal permitted use as listed in this
Resolution .
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USE AND DENSITY SCHEDULES 7
b . Buildings other than dwellings or living
quarters , which are accessory to the
principal permitted use .
c . Office incidental to the operation of
permitted use .
' d . Garage , parking area .
e . Mobile homes subject to the additional
requirements of Section 6 . 1 ( 2 ) of this
Resolution .
f . Roadside stands when the products are
grown on the premises . Such stands shall
be situated not less than 50 feet from
the public right-of-way .
g . Home occupations .
1 4 . Cultivation , storage and sale of crops , vege-
tables , plants , flowers and nursery stock raised
on the premises ; and temporary storage in transit
of crops not raised on the premises and not for
sale on said premises ;
5 . Cemeteries ;
6 . Grange Halls ;
7 . Grazing ;
8 . Oil Drilling Facilities ;
9 . Public parks , playgrounds and other public recre-
ation areas owned and operated by a governmental
or other non-profit agency ;
10 . Public utility mains , lines and substations . . .
where no public office and no repair or storage
1 facilities are maintained ;
11 . Truck farms , sod ( turf ) farms , greenhouses and
nurseries including cultivation , storage and
1 sale of crops , vegetables , plants , flowers and
nursery stock raised on the premises , and tem-
porary storage in transit of crops not raised on
1 the premises and not for sale on said premises ;
12 . One family dwelling on a parcel of land created
under the provisions of Section 9 of the Subdi -
vision Regulations of Weld County , adopted
1 August 30 , 1972 , as amended .
C . Temporary Uses
1 1 . A temporary permit may be obtained from the
Planning Department upon the filing of an appli -
cation requesting a temporary use and accompanied
with a $10 . 00 application fee . Temporary stands ,
structures , motor vehicles and trailers shall be
removed on the date of termination of the permit
1 unless a specific date is stated herein . Temporary
structures shall be shown to be so constructed as
to not constitute a fire hazard or hazard to the
1 health or safety of the public prior to issuance
of the permit . Such temporary stands or structures
shall not be constructed of materials which are
1 substantially deteriorated , nor shall any of the
USE AND DESNITY SCHEDULES 8
above temporary stands , structures , motor vehicles
or trailers be allowed to deteriorate to the point
where they shall constitute a fire or other hazard
to the health , safety or welfare of the public .
( In those cases where a public hearing is required
' before the issuance of a temporary use permit , the
application fee shall be $25 . 00 . )
2 . The following may be operated as uses by temporary
permit and need not be enclosed within a building :
a . Temporary construction yard or building for
construction materials and equipment , mobile
home for office use , and concrete batch plants ,
incidental and necessary for construction in
agricultural zone districts . Each permit shall
specify the location of the building , mobile
home office , yard or batch plant . No area more
than two miles distant shall be served by such
temporary building , mobile home office or yard .
Each permit shall be valid for a period of not
more than six calendar months and may be re-
newed for three successive six-month periods
at the same location .
b. Temporary office incidental and necessary for
the sale of new construction by the permittee .
1 Each permit shall specify the location of the
office and the area within which such sales
may be made . No area more than two miles dis -
tant from the office shall be served . Each
permit shall be valid for a period of not more
than six calendar months and may be renewed for
three successive six-month periods at the same
I location .
c . ( Repealed November 9 , 1977 )
d . Temporary group assemblages subject to the
additional requirements of Section 6 . 7 of this
Resoltuion . A public hearing will be required
before a permit for such assemblages can be
issued .
D . Conditional Uses
1 . The Planning Commission is authorized to recommend
to the Board of County Commissioners approval or
denial of the following uses and to recommend re-
quirements for the operation of said uses . Any
expansion or enlargement of a permitted conditional
use shall be treated as a new application under the
provisions hereot .
2 . The Planning Commission and the Board of County
Commissioners shall consider the following in
making their determination in approving or denying
a conditional use permit : Compatibility with the
surrounding area , harmony with the character of the
USE AND DENSITY SCHEDULES 9
neighborhood and existing agricultural uses in the
area , need for the proposed use , its effect upon
the immediate area , its effect on future develop-
ment of the area , and the health , safety and wel -
fare of the inhabitants of the area and the County .
3 . Before a permit for a conditional use permit is
issued , the Planning Commission and the Board of
' County Commissioners shall determine through
hearings , that the following plans , methods and
studies , which shall accompany the application for
I a conditional use permit , provide adequate pro-
tection of the health , safety and welfare of the
inhabitants of the area and the County .
' a . A certified boundary survey of the property
for which application is made may be required .
b . Plot plan showing location of all proposed
buildings , parking areas , ingress and egress ,
waste disposal areas , other constructional
features and landscaping .
c . Description of proposed operation in sufficient
detail to indicate effects of operation in pro-
ducing air and water pollution , odor , noise ,
1 glare , fire or other safety hazards and traffic
congestion .
d . Methods for disposal of sewage or other wastes
in a sanitary and healthful manner .
e . Methods for supplying water in such a manner as
to be adequate in quantity , quality and de-
pendability for the proposed use .
I f . Plan to show drainage and drainage facilities .
g . Plan showing traffic circulation .
h . Plans for improving roads and methods of fi -
nancing road improvements in those cases where
I roads to be maintained by the County are below
County standards .
i . Soil Study of the site .
j . All plans or plot plans , as required , must be
submitted to the Weld County Planning Depart-
ment for its study and recommendations at
least 20 days prior to the Planning Commission
hearing date .
k . Application fee of $25 . 00 .
1 . Any of the above requirements may be waived by
the Planning Commission or its authorized agent .
4 . The following uses are permitted upon the Granting
of a conditional use permit by the County Commision-
ers :
' a . Administrative Offices , Agricultural Organizations ;
b . Animal training center , pets ;
c . Churches and church schools ;
d . Fairgrounds ;
USE AND DENSITY SCHEDULES 10
e . Firewood production
f . Fish Hatchery
q . Fur Farm
' h . Golf Course
i . Guest Lodge
j . Guest Farm
k . Institution for aged
1 . Institution for children
m. Pipeline Terminal
n . Private air landing strip
o . Public and private schools
p . Riding stable
q . Reformatory
r . Television transmitting , relay station
' s . Wild game production
t . Veterinary Hospital
u . One-family dwellings other than those permitted
under Section 3 . 3 ( B ) of this Resolution , sub-
ject to the additional requirements of Section
6 . 6 of this Resolution .
' E . Special Uses
1 . The Planning Commission is authorized to recommend
to the Board of County Commissioners approval or
denial of the following uses and to recommend con-
ditions and requirements for the operation of said
' uses . Any expansion or enlargement of a Special
Use shall be treated as a new application under the
provisions hereof .
' 2 . The Planning Commission and the Board of County
Commissioners shall consider the following in
making their determination in approving or denying
a special use permit : Compatibility with the sur-
rounding area , harmony with the character of the
neighborhood and existing agricultural uses , need
for the proposed use , its effect upon the immediate
area , its effect on future development of the area
and the health , safety and welfare of the inhabi -
tants of the area and the County .
3 . Before a permit for a special use is issued ,
the Planning Commission and the Board of County
Commissioners shall determine through public
hearings , that the following plans , methods and
' studies , which shall accompany the application for
a special use permit , provide adequate protection
of the health , safety and welfare of the inhabi . .
tants of the area and the County .
a . A certified boundary survey of property for
which application is made may be required .
h . Plot plan showing location of all proposed
huildings , parking area , ingress and egress ,
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U S E AN D DENSITY SCHEDULES 11
' waste disposal areas , other constructional
features and landscaping .
c . Description of proposed operation in sufficient
detail to indicate effects of operation in pro-
' ducing air and water pollution , odor , noise ,
glare , fire or other safety hazards and traffic
congestion .
d . Methods for disposal of sewage or other wastes
in a sanitary and healthful manner .
Methods for supplying water in such a manner as
1 to be adequate in quantity , quality and dependa -
bility for the proposed use .
f . Plan to show drainage and drainage facilities .
g . Proposed number of shifts to be worked and maxi -
mum number of employees .
h . All plans or plot plans , as required , must be
submitted to the Weld County Planning Depart-
ment for its study and recommendations at least
20 days prior to the Planning Commission
hearing date .
' i . Soil study of site .
j . Application fee of $25 . 00 .
4 . The following uses are mermitted upon the caranting
of a special use permit by the Board of County
Commissioners :
a . Airports
b . Asphalt plants
c . Batch plants ( concrete )
d . Cattle feedlots and the raising of sheep , swine ,
rabbits and other animals for commercial use
subject to the additional requirements of
Section 6 . 1 (4 ) of this Resolution .
' e . Dairies
f . Dog Kennels subject to the additional require-
ments of Section 6 . 1 ( 10 ) of this Resolution .
g . Fertilizer (organic ) storage and sale where the
fertilizer is stored for longer than one ( 1 )
year , subject to the additional requirements of
Section 6 . 1 ( 5 ) of this Resolution .
h . Junk yards
i . Outdoor shooting ranges subject to the additional
requirements of Section 6 . 1 ( 6 ) of this Reso-
lution .
j . Poultry production ( chickens , ducks , geese ,
turkeys ) subject to the additional requirements
of Section 6 . 1 ( 7 ) of this Resolution .
k . Salvage yards
1 . Sand and gravel pits , quarries and open mining
operations subject to the additional requirements
of Section 6 . 1 ( 3 ) of this Resolution .
' USE AND DENSITY SCHEDULES 12
m . Sanitary land fill ( solid waste disposal sites )
subject to the additional requirements of Sec-
tion 6. 1 ( 8) of this Resolution .
' n . Sewage systems ( pumping stations , sludge drying
sites ) subject to the additional requirements
of Section 6 . 1 ( 9 ) of this Resolution .
o . Slaughter houses and packing houses
' p . Storage tanks
q . Outdoor drive-in theaters subject to the addi -
tional requirements of Section 6 . 1 ( 11 ) of this
Resolution .
r . Forage dehydration facility
s . Animal manure and/or animal by-products dehydra-
tion facility.
F . Listed Uses Permitted by Right , Temporary Uses , Condi -
tional Uses and Special Uses - As defined by Section
' 6 . 1 ( 1 ) of this Resolution , all Uses Permitted by Right ,
Temporary Uses , Conditional Uses and Special Uses
listed in this Resolution are representative and are
' not all inclusive . Unlisted uses of a similar nature
to those listed herein are subject to review to the
same extent as those listed .
G . Minimum Lot Area - The minimum lot area in the A-Agri -
cultural zoned district shall be determined by the
classification of the subject parcel in the records of
the Weld County Assessor . The minimum lot size for
parcels classified by the assessor as irrigated lands
shall be 80 acres . The minimum lot size for parcels
classified by the assessor as dry lands shall he 160
acres . In the case of a parcel which contains both
classifications , the minimum lot size shall be governed
by the more prevalent classification . ( Rev . 12-29-76 )
H . Building Permits - No building permit shall be issued
for any construction on any parcel of land in this zone
which is not a "Legal Lot" as defined in Section 12 . 2
of this Resolution ; or unless the building permit is
to be issued in connection with a legal non-conforming
use pursuant to the provisions of Section VII of this
Resolution ; or in connection with a legal Conditional
' Use pursuant to the provisions of Section 3 . 3 ( D ) of this
Resolution ; or in connection with a legal Special Use
pursuant to the provisions of Section 3 . 3 ( E ) of this
' Resolution .
I . Vehicular Access to County Roads - Vehicular Access to
county roads will be limited to one per lot ; location
of the access subject to the approval of the Weld
County Public Works Director . ( Rev . 12-26-73 ) .
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USE AND DENSITY SCHEDULES 13
1 3 . 4 Uses Permitted in the " E" , Estate District (Rev . 11 /9/77 )
I 1 . Churches and church schools ;
2 . Crop , grazing , orchard and garden uses ;
3 . Farm , ranch and garden buildings and uses other
I than dwellings and living quarters ; provided
commercial feed yards or kennels are not main-
tained ;
4 . One single-family dwelling per legal lot ;
I 5 . Public parks , playgrounds , and other public
recreation areas owned and operated by a
governmental or other non-profit agency ;
I 6 . Public schools ;
7 . Public utility mains , lines and substations . . .
where no public office and no repair or storage
I facilities are maintained ;
8 . Special accessory uses , which are naturally and
normally incidental to , subordinate to and
devoted exclusively to the main use of the
I premises and including ( but not confined to )
private garages , identification signs , home
occupations , and private swimming pools .
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3 . 5 Uses Permitted in the " R" , Residential District
I 1 . Uses permitted in the " E" , Estate District as
stated therefore .
3 . 6 Uses Permitted in the " H" , High Density Residential
District
I1 . All uses permitted in the "R" , Residential
District as stated therefore ;
I 2 . Boarding and rooming houses ;
3 . Colleges and private schools ;
4 . Dormitories , sorority and fraternity
houses ;
I 5 . Hospitals , rest homes , convalescent homes ,
and nursing homes ;
6 . Multi -family dwellings ;
I 7 . Pre-school age nurseries ;
8 . Two-family dwellings .
1 3 . 7 Uses Permitted in the "T" , Transitional District
1 . All uses permitted in the " H" , High Density
I Residential District as stated therefore ;
2 . Cultivation , storage and sale of crops , vege-
tables , plants , flowers and nursery stock
Iproduced on the premises ;
USE AND DENSITY SCHEDULES 14
3 . Medical and dental clinics ;
4 . Membership clubs ;
5 . Motels and hotels ;
6 . Professional offices ;
7 . Tourist homes ;
8 . Undertaking establishments .
3 . 8 Uses Permitted in the " B" , Business District
1 . All uses permitted in the "T" Transitional
District as stated therefore ;
2 . Automobile parking areas ;
3 . Banks ;
4 . Gasoline service stations ;
' 5 . Offices ;
6 . Personal service shops ;
7 . Places for the conduct of any restricted
retail business not of a commercial , indus-
trial or manufacturing nature ;
8 . Places of amusement or recreation ;
9 . Places serving food or beverages ;
' 10 . Places of assembly;
11 . Studios ;
12 . Theaters .
3 . 9 Uses Permitted in the "C" , Commercial District
1 . All uses permitted in the " B" , Business
District as stated therefore ;
2 . Automobile repair shops ;
3 . Bakeries ;
4 . Bottling works ;
5 . Builders ' supply yards , sale of cement and
' concrete products , and lumber yards ;
6 . Cabinet making and carpenter shops ;
7 . Cleaning and dyeing establishments ;
8 . Dairy processing and distribution plants ;
9 . Frozen food lockers ;
10 . Ice and cold storage plants ;
11 . Laudnries ;
' 12 . Machine shops ;
13 . Manufacture of handicraft products ;
14 . Places for the conduct of any commercial , or
' wholesale activity - not of an industrial or
manufacturing nature ;
15 . Plumbing shops ;
16 . Printing and publishing establishments ;
' 17 . Rooting shops ;
18 . Storage warehouses ; storage of oil , gasoline
and petroleum products ;
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IUSE AND DENSITY SCHEDULES 15
1 19 . Tin shops ;
20 . Upholstery Shops ;
I 21 . Used car lots ;
22 . Veterinary hospitals .
I3 . 10 Uses Permitted in the " I " , Industrial District
1 . All uses permitted in the C" , Commercial
I District as stated therefore ; except that
all uses specifically listed in the " H" ,
High Density Residential District and in
I the "T" , Transitional District shall not
be permitted in the " I " , Industrial Dis-
trict;
I 2 . The following operations shall have the
approval of the Board of County Commissioners :
a . Any industrial or manufacturing operation ;
I b . Junk yards and salvage yards ;
c . Sanitary land fill and dumping operations ;
d . Slaughter houses and packing houses .
I3 . 11 Uses Permitted in the " S" , Scientific District
I 1 . All uses permitted in the " E" , Estate District
as stated therefore ;
2 . Any kind of scientific , research , manufacturing ,
I compounding , assembling , processing or treat-
ment of products or experimental material . . .
provided the following limitations are placed
I on all such uses :
a . All permitted uses shall be operated entirely
within an enclosed structure ;
I b . Dust , fumes , odors , refuse matter , smoke ,
vapor , noise , lights , and vibration shall
be confined to the premises of the lot upon
I which such use is located , and
c . Travel and parking portions of the lot shall
be surfaced with asphalt , concrete or equiva-
Ilent paving .
3 . 12 Uses Permitted in the "C-0" , Conservation District
I (Revised 8/12/70 )
1 . Cemeteries ;
I 2 . Cultivation , storage and sale of crops , vegetables ,
plants , flowers and nursery stock produced on the
premises ; and the temporary storage in transit of
I crops not raised on the premises and not for sale
on said premises ;
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USE AND DENSITY SCHEDULES 16
3 . 12 Uses Permitted in the " C-0 , " Conservation District ( Continued )
3 . Fairgrounds ;
4 . Grange Halls ;
' 5 . Gravel pits , quarries and open mining operations sub-
ject to approval as to location by the Weld County
Planning Commission and subject to the special provisions
of Section VI , SUPPLEMENTARY REGULATIONS , Paragraph
' 6 . 1 , Uses Permitted , sub-heading ( 3 ) .
6 . Oil drilling facilities ;
7 . Riding stables ;
' 8 . Veterinary hospitals ;
9 . Public parks , playgrounds and other public recreation
areas owned and operated by a governmental or other
' non-profit agency ;
10 . Public utility mains , lines and substations . . where
no public office and no repair or storage facilities
are maintained ;
11 . One single family dwelling ;
12 . Buildings and structures customarily accessory to
the permitted uses , provided that no dwellings are
' located within such area except as specifically pro-
vided herein ;
13 . ( 1 ) Water treatment plants , storage tanks , sewage
' treatment facilites and sanitary land fill areas
subject to the approval as to location by the
Board of County Commissioners .
( 2 ) Cattle feeding and the raising of fowl , rabbits ,
hogs and other animals for commercial use , pro-
vided each of the following conditions are met ;
(a ) Commerical feed yards shall be located at
660 feet from any residence on another lot ,
from any public place of assembly , and from
any E , R , H , MH , T , B , or S zoning district
boundary line ;
( b ) Commercial feed yards shall be located at
least 660 feet from any State or Federal
highway right-of-way ; and
(c ) All such uses shall be approved as to loca-
1 tion by the Board of County Commissioners .
( Rev . 8/12/70 ) .
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USE AND DENSITY SCHEDULES lZ
I3 . 13 Uses permitted in the "A-P" , Airport Zone District
( 1 ) Definitions
' For the purpose of this Section , the words and phrases
set forth in this Section shall have the means re-
spectively ascribed to them herein :
(a ) AIRPORT
Weld County Municipal Airport , located in Sections 2 and
1 3 , T5N , R65W , Weld County , Colorado .
( b ) AIRPORT ELEVATION
' The established elevation of the highest point on the
usable landing area (4 ,648 feet above sea level ) .
' (c ) AIRPORT HAZARD
Any structure , tree or use of land which obstructs the
' airspace required for , or is otherwise hazardous to , the
flight of aircraft in landing or taking off at the air-
port .
(d ) AIRPORT REFERENCE POINT
The point established as the geographic center of the air-
' port landing area . The reference point at Weld County
Municipal Airport is a point 2 ,700 feet west of the east
line of Section 2 , T5N , R65W , Weld County , Colorado and
2 ,200 feet north of the south line of said Section 2 .
(e ) HEIGHT
For the purpose of determining the height limits in all
surfaces set forth in this Section and shown on the
zoning map , the datum shall be mean sea level elevation
unless otherwise specified .
( f) INSTRUMENT RUNWAY
' The East-West Runway , No . 9-27 , equipped , or to be equip-
ped with a precision electronic navigation aid , landing
' aid , or other air navigation facilities suitable to per-
mit the landing of aircraft by an instrument approach
under restricted visibility conditions and described as
follows :
' 1 . Instrument Runway : A tract of land in Sections 2 and
3 , T5N , R65W , situated in Weld County , Colorado , or
more particularly described as follows : Beginning at
the intersection of State Highway 263 and Darling
USE AND DENSITY SCHEDULES 18
Ranch Road , thence North 74012 ' west a distance of
8 , 500 feet ; said 8 ,500 feet is the centerline of
' the Instrument Runway , which extends 50 feet on each
side of said centerline .
' ( g ) NON- INSTRUMENT RUNWAY
Runways that are not equipped with electronic naviga-
tion equipment . The non-instrument runways are the
crosswind runway ( Runway 15 -33 ) and the parallel prac -
tice runway ( Runway 9L -27R ) .
' ( h ) RUNWAY
The area of the Airport constructed and used for land -
ing , and taking off , of aircraft .
( i ) STRUCTURE
' An object constructed or installed by man , including
but not limited to buildings , towers , smoke stacks ,
overhead transmission lines , signs , drill rigs and
' cranes . This definition applies to this zone dis -
trict only .
' ( j ) THRESHOLD
That imaginary line on the runway perpendicular to the
' runway centerline which marks the useful limit of the
runway . The threshold of all runways is the physical
end of that particular runway with the exception
being Runway 27 which has its threshold 1 ,050 feet west
' of the physical end .
( 2 ) AIRPORT SURFACES
' In order to carry out the provisions of this Section , there
are hereby created and established certain AIRPORT SURFACES
that include all of the land and airspace lying below air-
port imaginary air surfaces . Such imaginary surfaces con-
stitute the height limits of ground objects . Any ground
object protruding into or through an imaginary surface would
be a hazard to air operations . The land areas of the AIRPORT
SURFACES are shown on Weld County Municipal Airport Zoning
Map consisting of one sheet prepared by Nelson , Haley ,
' Patterson and Quirk , Engineering Consultants , and dated
April 10 , 1972 , which is attached to this Section and made
a part thereof . The various surfaces are hereby established
and defined as follows :
USE AND DENSITY SCHEDULES 19
(a ) INSTRUMENT APPROACH SURFACE
' An Instrument Approach Surface is established at that
end of the instrument runway used for precision in-
strument landings and takeoffs . The Instrument Ap-
proach Surface is trapezoidal in shape and has a width
of 1 ,000 feet at a distance of 200 feet beyond the end
of the runway , widening thereafter uniformly to a width
of 16 ,000 feet at a distance of 50 , 200 feet beyond the
end of the runway , its centerline being the continua-
tion of the centerline of the runway .
' ( b) NON-PRECISION INSTRUMENT APPROACH SURFACE
The Non-precision Instrument Approach Surface is estab-
lished at that end of an instrument runway not used for
precision instrument approaches . The Non-precision In-
strument Approach Surface is trapezoidal in shape and
' has a width of 1 ,000 feet at a distance of 200 feet be-
yond the threshold , widening thereafter uniformly to a
width of 4 ,000 feet at a distance of 10 ,000 feet beyond
the runway threshold , its centerline being the contin-
uation of the centerline of the runway .
(c ) NON- INSTRUMENT APPROACH SURFACE
A Non- instrument Approach Surface is established at each
end of all non- instrument runways for non- instrument land-
ings and takeoffs . The Non- instrument Approach Surfaces
are trapezoidal in shape and have a width of 250 feet at
a distance of 200 feet beyond each end of the runway , wid-
ening thereafter uniformly to a width of 1 , 250 feet at a
' distance of 5 ,000 feet beyond each end of the runway , its
centerline being the continuation of the centerline of
the runway.
' (3 ) HEIGHT LIMITATIONS WITHIN DESCRIBED SURFACES AND AIR SPACES
Except as otherwise provided in this Section , no structure
or tree shall be erected , altered , allowed to grow , or main-
tained in the area within any surface created by this Section
to a height in excess of the height limit herein established
' for such surface , or by Paragraph 77 . 23 of the Federal Avia-
tion Regulations . Such height limitations are hereby estab-
lished for each of the surfaces as follows :
' (a ) HORIZONTAL SURFACE
No structure or object of natural growth shall penetrate
the airspace above 4 ,798 feet above mean sea level with-
in the Horizontal Surface .
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' USE AND DENSITY SCHEDULES 20
( b) INSTRUMENT APPROACH SURFACE
Height limits on all objects within the Instrument Ap-
I proach Surface are hereby established according to the
following schedule :
I1 . West Precision Instrument Approach Surface
Distance from Runway Edge Height Range
I 200 ' to 2 ,700 ' 0 ' - 50 '
2 ,700 ' to 10 , 200 ' 50 ' 200 '
10 , 200 ' to 50 , 200 ' 200 ' - 1 , 200 '
I2 . East Non-precision Instrument Approach Surface
IDistance from Threshold Height Range
200 ' to 1 ,900 ' 0 ' - 50 '
1 ,900 ' to 10 , 200 ' 50 ' - 294 '
'
The height limit range for the west approach is based
upon one foot in height for each 50 feet in horizontal
I distance beginning at a point 200 feet from the runway
edge and extending 10 , 200 feet from the end of the west
approach ; thence one foot in height for each 40 feet in
I horizontal distance to a point 50 , 200 feet from the end
of the west approach .
The height limit range for the east approach is based
I
upon one foot in height for each 34 feet in horizontal
distance beginning at a point 200 feet from the thres-
hold and extending 10 , 200 feet from the threshold of
Ithe east approach .
(c ) TRANSITIONAL SURFACES FOR INSTRUMENT RUNWAY
IHeight limits on all objects within the Transitional
Surfaces of the Instrument Runway are hereby establish-
ed as follows :
'
One foot in height for each seven ( 7 ) feet in horizontal
distance beginning at any point 500 feet normal to , and
I at the elevation of , the centerline of the instrument
runway , extending 200 feet beyond each threshold thereof ,
extending to a height of 150 feet above the established
I airport elevation (Article A. 2 . ) . In addition to the
foregoing , there are established height limits of one
foot vertical height for each seven feet horizontal dist-
ance measured from the edges of all approach surfaces for
'
the entire length of the approach zones and extending up-
ward and outward to the points where they intersect the
USE AND DENSITY SCHEDULES 21
horizontal or conical zone , a height limit of one foot
for each seven feet of horizontal distance shall he main-
tained beginning at the edge of the instrument approach
' zone and extending a distance of 5 ,000 feet from the
edge of the precision instrument approach zone measured
normal to the centerline of the runway extended .
' ( d ) NON- INSTRUMENT APPROACH SURFACE
' Height limits on all objects within the Non- instrument
Approach Surface are hereby established as follows :
One foot in height for each 20 feet in horizontal dist-
il ance beginning at a point 200 feet from , and at the
centerline elevation of , the end of the non- instrument
runway and extending to a point 5 , 200 feet from the end
' of the runway .
(e ) TRANSITIONAL SURFACE FOR NON- INSTRUMENT RUNWAYS
' Height limits on all objects within the Transitional
Surface of the Non- instrument Runways are hereby es-
tablished as follows :
' One foot in height for each seven (7 ) feet in horizon-
tal distance beginning at any point 125 feet normal to ,
' and at the elevation of , the centerline of non-instru-
ment runways , extending 200 feet beyond each end thereof ,
extending to a height of 150 feet above the established
airport elevation which is 4 , 648 feet above mean sea
level . In addition to the foregoing , there are estab-
lished height limits of one foot vertical height for each
seven foot horizontal distance measured from the edges of
all approach zones for the entire length of the approach
zones and extending upward and outward to the points where
they intersect the horizontal or conical surfaces .
(f) CONICAL SURFACE
' Height limits on all objects within the Conical Surface
are hereby established as follows :
One foot in height for each twenty feet of horizontal
distance beginning at the periphery of the Horizontal
Surface , extending to a height of 350 feet above the air-
port elevation .
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' USE AND DENSITY SCHEDULES ??
' (4 ) PERFORMANCE REGULATIONS
Notwithstanding any other provisions of this Section , no
' use may be made of land within any surface established by
this Section in such a manner as to create electrical in-
terference with radio communication between the Weld
County Municipal Airport and aircraft , make it difficult
'
for pilots to distinguish between airport lights and other
lights , result in glare in the eyes of pilots using the
airport , impair visibility in the vicinity of the airport
I or otherwise endanger the landing , taking off , or maneuver-
ing of aircraft at the airport or in the vicinity of the
airport .
I (a ) TRANSITION SURFACE
Transition Surfaces are established adjacent to each
' instrument and non- instrument runway and approach
surface as indicated on the zoning map . Transition
surfaces symmetrically located on either side of run-
I ways have variable widths as shown on the zoning map .
Transition surfaces extend outward from a line 125
feet on either side of the centerline of the non-instru-
I ment runway , for the length of such runway plus 200
feet on each end ; and 500 feet on either side of the
centerline of the instrument runway , for the length of
such runway plus 200 feet on each end , and are paral -
I lel and level with such runway centerlines . The
Transition Surfaces along such runways slope upward
and outward one ( 1 ) foot vertically for each seven (7 )
I feet horizontally to the point where they intersect
the horizontal surface . Further , Transition Surfaces
are established adjacent to both instrument and non-
I instrument approach surfaces for the entire length of
the approach surfaces . These Transition Surfaces have
variable widths , as shown on the zoning map . Such
Transition Surfaces flare symmetrically with either
I side of the runway approach surfaces from the base of
such surfaces and slope upward and outward at the rate
of one ( 1 ) foot vertically for each seven ( 7 ) feet
I horizontally to the points where they intersect the
surfaces of the horizontal and conical surfaces . Addi -
tionally , Transition Surfaces are established adjacent
I to the instrument approach surfaces where they project
through and beyond the limits of the conical surface ,
extending a distance of 5 , 000 feet measured horizon-
tally from the edge of the instrument approach surfaces
I at right angles to the continuation of the centerline
of the runway .
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USE AND DENSITY SCHEDULES 23
( b ) HORIZONTAL SURFACE
A horizontal plan 150 feet above the established airport
' elevation , the perimeter of which is constructed by
swinging arcs of 10 ,000 feet from the center of each end
of the primary surface of the instrument runway and con-
necting these arcs with tangent lines .
(c ) CONICAL SURFACE
fA Conical Surface is established as the area that com-
mences at the periphery of the horizontal surface and
extends outward therefrom a distance of 4 , 000 feet .
The Conical Surface does not include the instrument ap-
proach surfaces and tradsition surfaces .
' ( 5 ) NON-CONFORMING USES
The regulations prescribed in this section shall not he con-
strued to require the removal , lowering , or other changes or
alteration of any structure or object of natural growth not
conforming to this section as of the effective date of this
section , or otherwise interfere with the continuance of any
' nonconforming use . Nothing herein contained shall require
any change in the construction , alteration , or intended use
of any structure , the construction or alteration of which was
' begun prior to the effective date of this section and is dil -
igently prosecuted ; provided , however , the owner of any non-
conforming structure or object of natural growth is hereby
' required to permit the installation , operation and mainten-
ance thereon of such markers and lights as shall he deemed
necessary by the Board of County Commissioners to indicate to
the operators of aircraft in the vicinity of the Weld County
Municipal Airport , the presence of such non-conforming struc-
tures or object of natural growth . Such markers and lights
shall be installed , operated and maintained at the expense of
' Weld County Airport Board .
( 6 ) VARIANCES
Any application filed under Section 3 . 13 ( 5 ) for a variance to
the provision of this section shall be submitted for comment
to the Federal Aviation Agency and the Board of County Com-
missioners prior to consideration of such application by the
Board of Adjustment .
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IUSE AND DENSITY SCHEDULES 25
I 3 . 14 PERMITTED USES IN ALL ZONING DISTRICTS SHALL COMPLY WITH THE
FOLLOWING SCHEDULE FOR MINIMUM SETBACK OF BUILDINGS , MINIMUM
LOT AREA PER PRINCIPAL USE , THE MINIMUM LOT WIDTH PER PRINCIPAL
I USE , AND MAXIMUM HEIGHT OF BUILDINGS . ALL DISTANCES OR HEIGHTS
GIVEN ARE IN FEET UNLESS OTHERWISE NOTED . ( Rev . 12-28-77 ) .
I MINIMUM MINIMUM
LOT AREA MINIMUM FRONT YARD
DISTRICT IN SQ . FT . ( 1 ) LOT WIDTH SETBACK ( 5)
A
Irrigated 80 Acres 180 (4 )
Dry 160 Acres 180 ( 4 )
E 13 , 000 90 20
R 13 , 000 60 20
I Alternate S ( 2 ) 6 , 500 60 20
13 , 000 60 20
Alternate S ( 2 ) 6 , 500 60 20
MH - Park 6 , 000 50 5 ( 11 ) ( 12 )
I MH - Subdivision 6 , 500 50 20
T 13 , 000 60 25
Alternate S ( 2 ) 6 , 500 60 25
I B ( 3 ) ( 3 ) 25
C ( 3 ) ( 3 ) 25
I ( 3 ) ( 3 ) 25
S 40 , 000 180 25
II C-O 20 Acres 600 50
A-P N/A N/A N/A
IMINIMUM
MINIMUM SIDE REAR YARD MAXIMUM HEIGHT
IDISTRICT YARD SETBACK ( 6 ) SETBACK (7 ) OF BUILDINGS (8 )
A ( 4 ) (4 ) NR
E 20 20 40
I R 10 20 40
H 10 20 40
MH - Park ( 9 ) ( 9 ) 40
I MH - Subdivision ( 10 ) ( 10 ) 40
T 5 20 40
B NR 20 40
C NR 20 40
I NR 20 NR
S 10 20 40
C-0 50 50 40
' A-P N/A NJA See Airport Zone M
IN/A - Not applicable
NR - No Requirement
I (# ) - See the following pages for the referenced footnotes .
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IIUSE AND DENSITY SCHEDULES 26
I ( 1 ) Larger lot areas may be required by the Weld County Health
Department where soil conditions and percolation tests
indicate that leaching fields from a septic tank require
I additional space . Such percolation tests shall be conducted
wherever a lot is not connected to a public sewage system .
I ( 2 ) When a dwelling is connected to a public sewage system and
to a public water system .
II ( 3 ) Due to varying requirements , minimum standards shall be
established for each use by the Weld County Health Department .
(4 ) The minimum setbacks in the Agricultural District are as
Ifollows :
a . For all areas other than subdivisions or unincor-
II porated towns platted and recorded prior to
December 26 , 1973 , the minimum setbacks are :
1 1 . Minimum frontyard setback : 50 feet
2 . Minimum side and rear yard setbacks : 3 feet
b . For all subdivisions or unincorporated towns platted and
I recorded prior to December 26 , 1973 , the minimum setbacks
are :
I Minimum frontyard setback : 20 feet
Minimum side yard setback : 5 feet
Minimum rear yard setback : 10 feet
I ( 5 ) The front yard setback shall he measured from the adjacent edge
of the right-of-way line of the abutting public road . If the
abutting public road is not designated to be upgraded to a
I higher classification as defined by the Weld County Thoroughfare
Plan , the front yard setback shall be measured from the existing
right-of-way line of the public road . If the abutting public
I road is designated to be upgraded to a higher classification as
defined by the Weld County Thoroughfare Plan necessitating
additional right-of-way , then the setback shall be measured
I from the future right-of-way line .
The future right-of-way line is determined by adding the dis-
tance of the additional needed right-of-way to the existing
Iright-of-way line .
The following is a list of the right-of-way needed for road
Idesignations as defined in the Weld County Thoroughfare Plan :
a . Arterial or Rural Arterial - 100 ' ROW
b . Expressway - 130 ' ROW
ll c . Rural Expressway - 200 ' ROW
d . Freeway - 250 ' ROW
11 The future right-of-way line (measured from the centerline of
the road ) is determined by dividing the needed right-of-way as
defined above in half .
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USE AND DENSITY SCHEDULES 27
( 6 ) The minimum side yard along a street on a corner lot shall
be the same as the front setback requirement for such zone .
' ( 7 ) The minimum rear yard shall be measured from the centerline
of an alley where an alley abuts the rear lot line .
1 ( 8 ) Airport - Zone District Map must be checked for further
height restrictions .
' ( 9 ) The side and rear yard setback requirements in Mobile Home
Parks shall be based on the distance between mobile home
units measured from the closest point or edge of the Mobile
Home as follows :
a . 10 ' between mobile homes if the units are placed end
(width ) to end (width ) .
' b . 15 ' between mobile homes if the units are placed side
( length ) to side ( length ) .
c . 12 . 5" between mobile homes if the units are placed side
( length ) to end (width ) .
d . For the purpose of this section , the ends (width ) of
mobile homes that are greater than 16 ' in width , such
as double wide mobile homes , shall be considered to be
I sides of the mobile home in measuring distances between
mobile home units .
e . A mobile home shall have a minimum setback of 5 ' from
the perimeter of the mobile home park or from any
adjacent property which is not approved to be utilized
for a mobile home .
f . Accessory buildings and structures on the same lot or
space as a mobile home shall have a minimum clearance
of 10 ' from any structure or mobile home on any other
lot .
g . Commonly owned or utilized buildings which are accessory
to the park shall have a minimum clearance of 10 ' from
any other structure or ;nohiie home .
' ( 10 ) The side and rear yard setbac ': requirements in the Mobile
Home Subdivisions shall be as follows :
a . The side ( length ) of a mobile home shall be placed no
less than 7 . 5 feet from any rear or side yard lot line .
b . The end (width ) of a mobile home shall be placed no less
Ithan 5 feet from any rear or side yard lot line .
c . For the purpose of this section , the ends (width ) of
mobile homes that are greater than 16 feet in width
shall be considered to be sides ( lengths ) of mobile
homes for the purpose of measuring setbacks .
USE AND DENSITY SCHEDULES 28
d . Accessory buildings and structures on the same lot or
space as a mobile home shall have a minimum rear and
side yard setback from the lot line of 5 feet .
e . Commonly owned or utilized buildings which are accessory
to the subdivisions shall have minimum side and rear
yard setback from the lot line of 10 feet .
( 11 ) The front yard setback in Mobile Home parks shall be
measured from the edge of the flow line or edge of the
nearest travel lane of the adjacent road .
( 12 ) The minimum frontyar-d setbdc for Mobile Home Parks approved
prior to January 25 , 1978 , shall be zero feet . The location
in these parks for mobile homes shall be such that no mobile
home or attached portion of a mobile home will encroach the
nearest travel lane of the adjacent road , flow line of the
adjacent road or sidewalk adjacent to the mobile home .
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SIGNS 29
SECTION IV
Signs shall be permitted in the various zoning districts
according to the following regulations :
4 . 1 Signs in the E , R , H and MH Districts
1 ( 1 ) One identification sign per principal use subject to
the following :
A . 1F and 2F 2 sq . ft .
B . MF and MH Park . 16 sq . ft .
C . Public and semi -public uses 32 sq . ft .
11 ( 1 sign for each street frontage )
( 2 ) Lighting of signs shall be by indirect illumination
only .
( 3 ) " For Sale" signs for individual homes or subdivisions
may be erected for a period not to exceed one year
subject to renewal by the Planning Commission upon
request . Such signs shall not exceed 32 sq . ft . in
area per face .
4 . 2 Signs in the A District
( 1 ) All signs permitted in Section 4 . 1 subject to the
regulations specified .
( 2 ) One identification sign per principal use , provided
the sign does not exceed 16 sq . ft . in area per face .
( 3 ) Off-site directional signs subject to the following
definition and conditions :
A . Directional signs are signs situated on other
premises than those upon which the goods , services
or functions being advertised are located and
giving guidance as to where , how distant , and the
1 type of goods , services or functions which may be
obtained .
B . Such signs shall relate only to a service or pro-
duct primarily available for the highway user
( such as food , lodging , gas , repairs or enter-
tainment ) and available within one mile of a
highway exit or in a community through which
the highway passes .
C . Maximum area per face 150 sq . ft .
D . Maximum height . 30 ft .
E . Minimum setback from the right-of-way 50 ft .
F . Minimum spacing between signs . 50 ft .
G . Such signs shall not be located within 2 , 000 ft .
of an exit or entrance road on a limited access
highway .
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ISIGNS 30
H . Such signs shall not be permitted within 300 ft .
of an intersecting road , scenic or historic point ,
public park , playground or rest area .
1 I . Such signs shall not exceed two in any one ap-
proach direction for a given use or service .
4 . 3 Signs in the T and S Districts
( 1 ) All signs permitted in Section 4 . 1 subject to the
regulations specified .
I ( 2 ) One identification sign per principal use for each
street adjacent to the property subject to the
following :
II A . Maximum area per face 60 ft .
B . Maximum heights 30 ft .
C . Minimum setback from right-of-way . 25 ft .
I ( 3 ) All lighting shall be by indirect illumination .
I4 . 4 Signs in the B , C and I Districts
( 1 ) All signs permitted in Section 4 . 1 subject to the
regulations specified .
I
( 2 ) Off-site directional signs and advertising signs and
billboards subject to the following :
A . Maximum area per face 300 sq . ft .
B . Maximum height 40 ft .
C . Minimum setback from the right-of-way 25 ft .
ID . Minimum spacing None
( 3 ) Identification signs shall be permitted as accessory
uses according to the following :
IA . Maximum number per principal area . . 2
B . Maximum area per face 150 sq . ft .
I C . Maximum height when adjacent to
interstate interchanges 45 ft .
D . Minimum setback from the right-of-way 15 ft .
I E . When attached to a wall but not above the roof
line , there is no limitation on a sign used
entirely for identification purposes .
I4 . 5 General Sign Requirements
( 1 ) The following signs shall be prohibited in all districts :
1 A . Mechanical or electrical appurtenances , such as
" revolving beacons " which are obviously designed
' just to compel attention .
SIGNS 31
4 . 5 General Sign Requirements (Continued )
B . Flashing red , green or amber signs located within
500 feet of an intersection .
C . Any sign located so as to conflict with the clear
and obvious appearance of public devices con-
trolling public traffic .
1 ( 2 ) All signs erected in a public right of way by a public
agency controlling or directing traffic and private
1 signs used exclusively to direct automobile traffic
on private property shall be exempt from the provisions
of this Ordinance .
( 3 ) An annual permit for all permitted signs shall be ob-
tained in the Weld County Planning Office during the
month of June .
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PARKING REQUIREMENTS 32
SECTION V
5 . 2 Description of Spaces
Each off-street parking space shall be not less than 10
' feet wide and 20 feet long ; shall be provided with vehicu-
lar access to a street or alley ; shall be surfaced with
gravel , asphalt , concrete or equivalent ; shall be properly
drained ; and shall be located within convenient walking
distance of the principal building for which the parking
space is required .
5 . 3 Reduction
' No part of an off-street parking space required for any
building or use for the purpose of complying with the
provisions of this resolution shall be included as a part
1 of an off-street parking space similarly required for
another building or use .
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SUPPLEMENTARY REGULATIONS 33
SECTION VI
' 6. 1 Uses Permitted
(1 ) General - In any zoning district where a building, structure or
' use is enumerated, any other building, structure or use which
is similar to those enumerated and no more obnoxious or detri-
mental to the area in which it is located, shall be permitted.
(2) MOBILE HOMES
I . Repeal of Previous Provisions.
Sections 3.6-A, 3.3.C.2.c,6.1 (2) and any other provisions
of the Official Weld County Zoning Resolution in effect at
1 the adoption of this Section which are inconsistent with
this Section are hereby repealed. The "Mobile Home and
Mobile Home Park Regulations" of Weld County, Colorado,
' adopted October 10, 1961 , and revised August, 1966, are
also hereby repealed.
II . Permit Requirements.
' A. After the effective date of this Section, no mobile
home, as defined in Section 12.2 of this Resolution,
may be located or relocated in Weld County except in
accordance with Section 6.1 (2) III of this Resolution,
"Mobile Home Uses Permitted" , including the issuance
of any zoning permit which may be required by that
Section. In addition, each mobile home located or
relocated in Weld County after the effective date of
this Section must have a building permit for a mobile
home issued by the Division of Building Inspection of
the Department of Planning Services pursuant to the
Weld County Building Code.
' B. An application for any zoning permit for a mobile home
required by Section 6.1 (2) below shall include the
following:
' 1 . Name, address and telephone number of the appli-
cant.
r2. Name, address and telephone number of the owner
of the land if different from Subsection 1 above.
3. Evidence of interest in the subject land held by
the applicant if the applicant is not owner of
the land.
4. A legal description of the property for which the
application is made.
' 5. Number of acres of the property.
1
SUPPLEMENTARY REGULATIONS 34
6. A sketch plan of the site at the scale of one (1 )
inch represents fifty (50) feet or other suitable
' scale to show:
a. The proposed location of the mobile home, in-
cluding distances from the property lot lines
and other structures on the property.
b. Access to the mobile home, indicating whether
' the access is existing or proposed.
c. Location and measurements of any easements or
rights-of-way.
d. Amount of road frontages .
' e. Identification of any county, state or federal
roads or highways.
f. Existing structures on the nroperty.
7. Methods of disposal of sewage or other wastes in
' compliance with the reouirements of the Colorado
Health Department and the Weld County Department
of Health Services, except for applications for
temporary storage of a mobile home under subsec-
tion I1I .B.2 below.
8. 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 mobile home under subsec-
II tion II1 .6. 2 below.
9. An application fee of: $10.00 - if the zoning per-
t mit is issued or renewed by the Department of
Planning Services. $25.00 - if the zoning permit
or extension of a permit requires a public meeting
before the Board of County Commissioners. Each
request for a renewal or extension of a temporary
permit shall be accompanied by the appropriate
application fee.
III. Mobile Home Uses Permitted.
A. "MH" , Mobile Home District.
Individual mobile homes, mobile home parks and mobile
home subdivisions, including individually and commonly
' owned accessory buildings and uses, are permitted in
the "MN" Mobile Home District. In addition, all uses
permitted in the "E" Estate District except for grazing
' and farm and ranch buildings and uses are allowed in
the "MH" Mobile Home District. mobile home narks and
SUPPLEMENTARY REGULATIONS 35
mobile hole subdivisions established or expanded in
area after the effective date of this Section shall
conform to the requirements of the Weld County Sub-
division Regulations.
B. "A" Agricultural District.
mobile homes are allowed in the "A" Agricultural
District of the following uses upon the issuance of
the appropriate zoning permit according to the fol-
lowing requirements:
1 . Temporary Use During Construction of Residence -
A zoning permit for the use of a mobile home as
a temporary residence during the construction of
a permanent residence on the same lot in the "A"
Agricultural District may be issued by the Depart-
ment of Planning Services subject to the following
provisions:
a. The applicant must have a current huildina per-
mit for the construction of a permanent dwelling
' on the same lot.
b. Construction of the permanent dwelling shall
commence within ninety (90) days of issuance
of the temporary permit for the mobile home
and shall be diligently pursued.
1 c. The applicant must demonstrate that adequate
water and sewage disposal facilities are avail -
able.
1 d. The temporary permit for occupancy of the
mobile home shall be issued for a period of
six months. The Permit may be renewed by
the Department of Planning Services for two
additional six month periods upon a determina-
tion by staff that construction of the perman-
ent dwelling is being pursued with diligence.
e. The Department of Planning Services shall make
1 its determination on the issuance of a zoning
permit for a mobile home as a temporary use
during construction of a residence on the basis
of a signed statement by the anolica.nt that the
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 six (6) month extension beyond the above
eighteen (1B) month period may be granted only
SUPPLEMENTARY REGULATIONS -- -� �----- 36
LJ the Board of County Commissioners, The
Board of County Commissioners shall hear the
' aonlication for an extension at a regularly
scheduled meeting of the Board. Notice of
the meeting shall be sent to surrounding Pro-
perty owners within five hundred (500) feet
of the applicant's property at least seven (7)
days prior to the meeting date. A sign shall
be posted by the Department of Planning Services
on the oronerty in question at least seven (7)
days orior to the meeting indicating that a
mobile home has been requested for the property,
' the meeting date and the Department of Planning
Services telephone number at which further infor-
mation may be obtained. 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 untoreseeable or unavoidable circumstances
' which may have delayed completion of construc-
tion, requr ry the extension. In addition, the
Board shall consider compatibility of the mobile
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.
n. Mobile homes oermmitted as a temporary use during
' construction of a permanent residence shall he
removed within thirty (30) days after the per-
manent residence has been occupied.
' 2. Temporary Storage - A zoning permit for the temporary
storage of a mobile home on a lot in the "A" Agri-
cultural District may be issued by the Department of
' Planning Services subject to the following provisions:
a. The applicant must obtain a buildinri permit tor
' a mobile home and must comply with al ! installa-
tion standar,n of the Weld County Building Cone
applicable t.o !nohi le homes; provided, however,
that no utility hookups to the mobile home of any
type, including septic systems, shall he :allowed.
b. The mobile home may not he used on any basis as
a residence or as overnight or temporary housing
tor any person.
' c. the applicant must demonstrate that no reasonable
alternative exists to the temporary storage of
the mobile home on the land involved.
' d. Only one zoning permit for temporary storage of a
mobile home may be issued per legal lot at any
one time.
1
SUPPLEMENTARY REGULATIONS 37
e. ;he Department of Planning Services shall make
its determination on the issuance of a zoning
I permit for the temporary storage of a mobile
home on the basis of a signed statement by the
applicant that the conditions of subsections a
I through c above are met, upon information con-
tained 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 storane of a mobile
home shall be for a period of six months, and is
I renewable for one additional six-month period
only by grant of the Board of County Commissioners.
I q. The Board of County Commissioners shall hear the
application for renewal of a zoning permit for
temporary storage of a mobile home at a renularly
scheduled meeting of the Board. Notice of the
I meeting shall be sent to surrounding property
owners within five hundred (500) feet of the
applicant' s property at least seven (7) days
II prior to the meeting date. A sign shall be
posted by the Department of Planning Services on
the property in question at least seven (7) days
1 prior to the meeting indicating that a mobile
home has been requested for the property, the
meeting date and the Department of Planning Ser-
vices telephone number at which further informa-
l' tion may be obtained. The Board shall consider
any testimony of surrounding property owners con-
cerning the effects of the mobile home on sur-
I rounding property. the Board of County Commis-
sioners shall also consider the following factors
in reviewing applications for renewal of a permit
for temporary storage of a mobile home:
I (1 ) Compliance with the requirements of subsec-
tions a through c above;
I (2) Compatibility of the mobile home with the
surrounding area, harmony with the character
I of the neighborhood and its effects unon the
immediate area;
(3) The general health, safety and welfare of
IIthe inhabitants of the area and the County.
3. Accessory to Farm Use
Ia. A zoning permit for one mobile home in the "A"
Agricultural District as an accessory use on an
I agricultural unit shall be issued by the Depart-
ment of Planning Services upon a determination
by the Department that:
' SUPPLEMENTARY REGULATIONS 38
( i ) The mobile home will be occunied by persons
principally employed on the agricultural
unit where the mobile home is located
(2) The mobile home is necessary for the effec-
tive and economic operation of the agricul-
tural unit.
(3) The mobile home will not be used as an in-
come source by the applicant for rental to
persons not principally employed upon the
agricultural unit.
(4) Adequate water and sewage disposal facilities
are available to the mobile home.
' (5) The mobile home is not the first dwelling
on the parcel of land. Where the mobile
home will be the first dwelling on a parcel
' of land, it shall be considered a principal
dwelling and may he permitted only under the
provisions of Section 6.1 (2)III .8. 5 of this
' Coning Resolution.
b. The Department of Planninn Services shall make
its determination on the basis of a signed state-
ment by the applicant that the conditions of the
orecedinn Section are met, upon information con-
tained in the permit application, and upon such
independent evidence as may he available or which
the staff may reasonably require.
' c. A zoning permit for more than one mobile home in
the "A'' Agricultural District as an accessory use
on an agricultural unit may be issued only upon
approval by the Board of County Commissioners.
The Board of County Commissioners shall review the
application tor compliance with the criteria set
out in subsection a above at a regularly scheduled
' meeting of the Board. Notice of the meeting shall
be sent to surrounding property owners within five
hundred (5DD ) feet of the anplicant' s property at
' least seven (7) days Prior to the meeting date. A
sign shall be posted by the Department of Planning
Services on the property in question at least
' seven (/) days prior to the meeting indicating that
a mobile home has been requested for the property,
the meeting date and the 9enartment of Planning
Services telephone number at which further infor-
' nation may be obtained. The Board of County Com-
missioners shall consider any testimony of sur-
rounding property owners concerning the effects
of the mobile home on the surrouninn properties.
SUPPLEMENTARY REGULATIONS ______ 39
Ii addition, the Board shall consider compati-
bility of the mobile home with the surrounding
' area, harmony with the character of the neigh-
borhood, its effects upon the immediate area,
and the general health, safety and welfare of
the inhabitants of the area and the county.
d. All zoning permits for mobile homes as acces-
sory uses to farms are temporary. Such permits
shall automatically expire and the mobile home
shall be removed upon the cessation of the use
of the mobile home as an accessory use on the
1 agricultural unit.
4, temporary Accessory Use During a Medical Hardship
a. mobile homes may be allowed in the "A" Agricul-
tural District as a temporary residence in addi-
tion to the principal dwelling upon the issuance
' of a zoning permit by the Board of County Com-
missioners upon the Board's determination that:
' (1 ) a medical hardshin exists in which the per-
son or persons to be living in the mobile
home require the supervision and care of
those persons residing in the principal
dwelling on the nroperty (or the reverse)
(2) that there is no reasonable alternative
' available to the applicant for the care of
the person or persons need of medical
supervision, and
(3) adequate water and sewage disposal facili-
ties are available to the mobile home.
' b. The Board of County Commissioners shall review the
application for compliance with the criteria set
out in subsection a above at a regularly scheduled
' meeting of the Board. Notice of the meeting shall
be sent to the surrounding property owners within
five hundred (500) feet of the aprlicant's Pro-
perty at least seven (7) days prior to the meeting
date. A sign shall be posted by the Department
of Planning Services on the nroperty in nuestion
at least seven (7) days prior to the meeting in-
dicating that a mobile home has been requested for
the property, the meeting date and the Department
of Planning Services telephone number at which
further information may be obtained. The Board
shall consider any testimony of surrounding pro-
perty owners concerning the effects of the mobile
home on the surroundina pronerties. In addition,
SUPPLEMENTARY REGULATIONS 40
t:ra Board shall consider compatibility of the
mobile home with the surrounding area, harmony
1 with the character of the neighborhood, its
effects upon the immediate area, and the general
health, safety and welfare: of the inhabitants
' of the area and the County.
c. All zoning permits For mobile homes during a
medical hardship are temporary. such permits
' shall automatically expire and the mobile home
shall he removed unon the cessation of the medi-
cal hardship, or at any su" h tine as the mobile
home is used for other then the permitted use.
5. Principal Dwelling - Mobile homes may he permitted in
the "A" Agricultural District as a ►jrincinal dwellinn
' upon the issuance of a zoninca permit by the Board of
County Commissioners subject to the following criteria:
a. The Board of County Commissioners shall hear the
application, at a regularly scheduled meeting of
the Board. `dotice of the meeting shall be sent
to surrounding property owners within five hun-
dred (5'90) feet of the anp l i cant' s nronerty at
least seven (7) days prior to the meeting date.
A sion shall be posted by the Department of
' Planning Services on the property in ouestion at
least seven (7) days crior to the meeting indi--
catinn that a mobile home has been requested for
' the property, the meeting date and the Denartment
of Planning Services telephone number at which
further information may be obtained. the Board
' shall consider any testimony of surrounding, pro-
perty owners concerning the effects of the mobile
home on surrounding property. The Board of
County Commissioners shall also consider the fol-
lowing factors in reviewing applications for a
hermit f;:r a mobile home as a nrinc teal dwelling:
' (1 ) C:pmr,.atibi lity with surrounding area, harmony
wial, the character ot the neighborhood and
its efffects noon the imrnedi a'..e area;
' (2) Comaatibilit:y with the 'leld County Comprehen-
sive Plan;
' (3) Availability of adequate water and sewage
disposal facilities;
. (4) The general health, safety and welfare of the
inhabitants of the area and the County.
b. Only one (1 ) zoning permit for a mobile home as a
' principal dwelling shall be issued for each legal
lot in the "A" zone in Weld County, Colorado.
1
SUPPLEMENIARY REGULATI'+NS
41
C. Accessory Use in the Business, Commercial and Industrial
District. --� --`--- — -------
1 . One (1 ) mobile home is permitted 3s :1n accessory use
to the principal use in any "B" Business District,
' "C" Commercial District or "i" Industrial District,
upon the issuance of a zoning permit by the Depart-
ment of plannino Services after a determination by
the Department that!
' a. The mobile home is necessary or the effective
and economic operation of the hu iness, commer-
cial or inducstrial activit•v:
b. the mobile home wil I not be use for residential
' purposes other than for the puro sr: 1f the pro-
tection or control of the principal use:
c. Adequate water and sewage disposal facilities
' are available to the mobile home.
2. The Department of Planning Services shall make its
' determination on the basis of a sinned statement by
the applicant tiiet the conditions of the urecedinn
section are met, +anon information cont6ined in the
permit application, and upon such independent evi-
dence as may be available or which the staff may
reasonably require.
' 3. More than one zoning permit for a mobile home in the
B, C or 1 Districts as an accessory use to the orin•-
cinal use may be issuea only upon the annroval by the
Board of County Commissioners. The Board shall re-
view the anplicaticn for compliance with the criteria
set out in subsection 1 abode at a renularly scheduled
meeting of the Board of County Commissioners. Notice
' of the meeting shall be sent to surround;r,o property
owners within f'`e h'indr ed (51'.t) feet of :_';e ap'I i-
cant's property at least seven (7) eays rxr• or to the
' meeting date. Ai s i"ri shall be )ostew the Depart
ment of Plenni;.:l S rvic es on the )rooerty in question
at least sever! (7) days prior to tne neeting indicatinn
' that a mobile ^o.,•,.:, nas been regi•ested for the oronerty,
the meeting date ani the Denartmer:t of P1 anw:i nn Services
telephone number at which further i nforora tf car, ma v be
obtained. the Board shall cor;idrr any testimony of
surrounding property owners concerning the possible
effects of the mobile home on surrounding ororlerties.
In addition, the Board shall cc'!Isider the eompati bi I i ty
' of the mobile home with the surroundinq area, harmony
with the character of the neighborhood, its effects
upon the im?nediate area, and the general health, safety
' and welfare of the inhabitants of the area and the
County.
1
SUPPLEMENTARY REGULATIONS 42
4. All zoning permits for mobile homes as accessory
uses to the principal use in the B, C or I District
' are temporary. Such permits shall automatically
expire, and the mobile home shall be removed upon
the cessation of the use of the mobile home as an
' accessory use to the business, commercial or in-
dustrial activity.
' 6.1 (3) Open-Mining (Rev. 6/23/75)
Before a special use permit for the location of an open mining
operation, asphalt plant or batch plant (concrete) is issued,
the Planning Commission and Board of County Commissioners shall
determine through public hearings, that the following plans,
maps, methods and studies, which shall accompany the apolica-
' tion for such permit, provide adequate protection of the health,
safety and welfare of the inhabitants of the area and the County.
' A. Aoplication - Any operator desiring such a permit shall file
an application in such a form as prescribed by the Weld County
Planning Commission. The application shall contain the fol -
lowing information.
1 . A certified boundary survey of the property for which
application is made, including a complete and accurate
legal description of the parcel in question. Such legal
description must be approved by the County Attorney prior
to scheduling of the application for hearing.
2. The fee owner or owners of the surface of the area to be
mined.
3. The fee owner or owners of the substance to be mined.
4. the source of the applicants' legal right to enter and
to open mine on the land affected by the permit.
5. The address of the general office and the local address
or addresses of the aoolicant.
6. Whether the applicant or any affiliated person holds or
has held any other permits for open cut mining and an
identification of such permits.
' 7. A detailed description of the method of operation. Such
description shall include:
a. The types and numbers of operating and processing
' equipment to be employed.
b. The number of shifts to be worked and the maximum
number of employees.
' c. Whether the operation will involve a wet or dry pit.
d. County roads and bridges to be utilized.
e. The size of the area and stages to be worked at any
one time.
' f. A time table giving the periods of time which will he
required for the various stages of the operation.
q. The depth and thickness of the mineral deposit to be
mined and the thickness of overburden to be removed .
h. The proposed use of reclaimed lands and an explana-
tion of the reclamation process.
' SUPPLEMENTARY REGULATIONS 43
' i . The source of technical advice in that type of recla-
mation for onen cut mining land.
I j . Any other information determined to be necessary by
the Board of County Commissioners or their authorized
representative to insure the protection of the health,
' safety and welfare of the inhabitants of Weld County.
B. Fee Schedule - All applications for open-mining operations
I shall be accompanied by a fee in an amount determined by the
following schedule.
Operation Size Fee
' 5 acres or less $25.00 per acre or portion
thereof.
I Greater than 5 acres $125.00 plus $5.00 Per acre or
portion thereof in excess of 5
acres.
C. Drawing Requirements - All applications shall be accompanied by
the following maps which shall be delineated in drawing ink on
I mylar or other drafting media approved by the Planner in the
following size: twenty-four (24) inches by thirty-six (36)
inches. The maps shall be prepared and certification made as
to their accuracy by a registered professional engineer licensed
' to do such work by the State of Colorado.
1 . Vicinity Map - The vicinity man shall he prepared at a
I 1 " = 600' scale and show the following information within
a one-half (z) mile distance of the proposed operation.
I a. Perimeter outline of the parcel (s) of land to he in-
volved in the operation.
b. Adjacent mining operations.
c. Fee owners of adjacent surface lands.
II
d. All residences within one-half (2) mile of the proposed
operation.
e. The name and location of all roads, bridges, irrigation
I ditches, oil and gas wells and lines, utility lines and
streams or other bodies of water within the scope of
the map.
' f. The general type, thickness and distribution of soil
over the parcel under consideration. Soil types shall
be noted in the legend and include their suitability
for agricultural use, as well as use(s) proposed in
'
the reclamation plan.
q. Section, Township and Range.
h. Accesses to area.
' i . Title, scale, and north arrow.
j. Date - to include revision dates if applicable.
' 2. Extraction Plan Map - The Extraction Plan Man shall be
Prepared at a 1 " = 100' scale and shall include the
1
' SUPPLEMENTARY REGULATIONS 44
parcel in question , as well as features within 500
feet of the parcel boundaries . The scale of the
' map may be reduced to 1 " = 200 ' or 1 " = 300 ' upon
approval by the Planner . The Extraction Plan Map
shall display the following information .
a . A certified boundary survey of the property for
which application is made . Bearings and distances
of all perimeter boundary lines shall be indicated
outside the boundary line .
b . The topography of the area at five ( 5 ) foot con-
tour intervals or at intervals as determined by
' the Board of County Commissioners or its authorized
representative .
c . The name and location of all streams , including
' normally dry streams , ponds or other bodies of
water , existing and proposed structures and land-
scape features .
d . The size and location of proposed pit areas .
' e . The phases of the operation . The legend will in-
clude the times required for each phase of the
operation .
' f . The location of all proposed operating structures ,
parking areas , ingress and egress , stockpile
areas , and circulation routes . Equipment which
' will be moved as operations proceed , such as
portable crushing and screening plants , do not
need to be located on the map , but should be
noted in the legend .
' g . The legend shall include a complete and accurate
legal description as prescribed by the application
form. The description shall include the total
acreage of the surveyed parcel .
h . Certificates
t (1 ) Surveying Certificate
( 2 ) Certificate of Responsibility
(3 ) Planning Commission Certificate
( 4 ) Certificate of Approval by the Board of
' County Commissioners
( 5 ) Recorder ' s Certificate
' i . Title , scale , and north arrow.
j . Date - to show revision dates if applicable .
k . Extraction Standards .
' 1 . Such additional information as may be required
by the Board of County Commissioners to satis-
factorily explain the general requirements for
the type of operation anticipated .
1
1
SUPPLEMENTARY REGULATIONS 45
' 3 . Reclamation Plan Map - The Reclamation Plan Map shall be
prepared at a 1 " = 100 ' scale and shall show the parcel
in question , as well as features within 500 feet of the
parcel . The scale of the map may be reduced to 1 " = 200 '
or 1 " = 300 ' upon approval by the Planner . The Reclama-
tion Plan Map shall display the following information :
a . A certified boundary survey of the property for which
application is made . Bearings and distances of all
perimeter boundary lines shall be indicated on each
' boundary line .
b . The topography of the proposed area at 2 ' contour
intervals or at intervals as determined by the Board
of County Commissioners or its authorized representa-
tive .
c . The name and location of all streams , ponds or other
bodies of water , structures , circulation routes and
landscape features which will remain or are proposed
on the site .
d . Accesses to area .
e . Reclamation Standards
f . The legend will note the source of technical advice
in developing the reclamation plan .
g . The legend shall include a complete and accurate
' legal description as prescribed by the application
form . The description shall include the total
acreage of the surveyed parcel .
' h . Certificates
( 1 ) Surveying Certificates
' ( 2 ) Certificate of Responsibility
(3 ) Planning Commission Certificate
(4 ) Certificate of Approval by the Board of
County Commissioners
1 ( 5 ) Recorder ' s Certificate
i . Title , scale and north arrow .
j . Date - To show revision date if applicable .
k . Such additional information as may be required by the
Board of County Commissioners to explain satisfactorily
' all general requirements for the type of reclamation
chosen .
1
I
ISUPPLEMENTARY REGULATIONS 46
D . Supporting Documents - The following documents or any
I other similar documents shall be submitted by appli -
cant if deemed necessary by the Board of County Commis-
sioners or their duly authorized representative for the
I protection of the health , safety and welfare of the in-
habitants of Weld County .
1 . Water augmentation plan .
I 2 . Cross sections of drainage structures (culverts for
access to County roads , interior haul roads crossing
water forms , check dams constructed for water control
I of ponding or stream channeling ) .
3 . Profile and typical cross section of haul roads .
4 . Safety improvements plan .
I5 . Environmental impact statements .
E. Operations Standards .
I 1 . No excavation or processing of sand and gravel shall
be permitted nearer han 10 feet to the boundary of
adjacent property , easement or irrigation ditch or
I right-of-way , nor nearer than 125 feet to any exist-
ing residence , unless by written agreement to the
owner or owners of such adjacent property consent to
I a lesser distance and the Planning Commission ap-
proves such lesser distance . The Planning Commission
may set a greater distance than mentioned above when ,
in their opinion , it is justified .
I 2 . All sand and gravel operations shall be conducted
during the hours of daylight except in the case of
public or private emergency , or to make necessary
I repairs to equipment . This restriction shall not
apply to operation of administrative and executive
offices or repair facilities located on the property .
I 3 . Weeds and any other unsightly or noxious vegetation
shall be cut or trimmed as may be necessary to pre-
serve a reasonably neat appearance and to prevent
seeding on adjoining property .
I 4 . Existing trees and ground cover along public road
frontage and drainageways shall be preserved , main-
tained and supplemented if necessary , For the depth
I of the setback in order to protect against and/or
reduce noise , dust and erosion .
5 . In-so-far as practicable , all means of access to the
I property from any street shall be located and design-
ed as to avoid the routing of vehicles to and from
the property over streets that primarily serve resi -
dential development .
I
I
I
ISUPPLEMENTARY REGULATIONS 47
I 6 . All access roads from sand and gravel operations to
public highways , roads , or streets , or to adjoining
residential structures , shall be paved or otherwise
treated to minimize dust conditions on all parts of
I such access roads which are located within one-
fourth mile of the public highway , road , street , or
adjoining residential structure .
I 7 . Prior to starting excavation in certain specific in-
stances , as first determined by individual investi -
gation by the Board of County Commissioners or their
I duly authorized representatives , where excavations
are considered hazardous or otherwise harmful to
nearby residents or to their property , the Board of
County Commissioners may require the excavations to
I be fenced or that some other action be taken on the
part of an operator in order to minimize the hazard-
ous situation . Chain link fencing to keep out young
I children , three strand barb wire to keep out live-
stock , acceleration/deceleration lanes to facilitate
the safe/smooth flow of traffic , and water augmen-
I tation to compensate for water losses caused by
evaporation are examples of actions which may be re-
quired by the County Commissioners .
8 . Where topsoil is removed , sufficient arable soil
I shall be set aside , for respreading over the excavated
area .
9 . Rock crushers and concrete and asphalt mixing plants
I may be allowed . However , the Planning Commission or
Board of County Commissioners may set out additional
conditions under which these operations may be per-
I mitted ; and said conditions may vary by location due
to abutting land uses .
10. Insurance - The operator shall furnish evidence he is
insured to the extent of not less than $100 ,000 . 00
I against liability for any negligent act or omission
by the operator from the operation or maintenance of
the sand and gravel pit and the extraction and pro-
I duction of sand and gravel and all activities con-
nected with or incidental thereto .
F . Reclamation Standards
I
1 . Upon the completion of operations , the land shall be
left in a safe condition . Sufficient drainage shall
I be provided so as to prevent water pockets or undue
erosion . Grading shall be accomplished in such a
manner that storm water leaves the property at the
I original , natural drainage points . Run-off at any
one such point shall not normally be increased over
historic flows . Increases over historic flows shall
be allowed only when it is shown that the increased
I flows will not adversely impact uses or lands affect-
ed by such flows . Trees , shrubs , legumes , grasses ,
or other ground cover shall be replaced in order to
I
ISUPPLEMENTARY REGULATIONS 48
I avoid erosion in-so-far as is practicable .
2 . All excavated areas shall finally be graded in
substantial conformity to the use of the land pro-
posed in the reclamation plan . Ridges , banks and
I mounds shall be graded so as to minimize erosion .
In no event shall a slope of more than 2 : 1 be left
when operations are complete . In addition , ridges
I and peaks shall be struck off to a width of not less
than fifteen feet at the top .
3 . Earth dams shall be constructed in final cuts of all
I operations , where practical , if necessary to impound
water , if the formation of such impoundments will
not interfere with mining operations or damage ad-
joining property .
I 4 . Acid forming material in the exposed face of a min-
eral seam that has not been mined shall be covered
with earth or spoil material to a depth which will
I protect the drainage systems from pollution , unless
covered with water to a depth of not less than four
feet .
5 . All refuse shall be disposed of in a manner that will
control stream pollution , unsightliness , or deletrious
effects from such refuse , and water from the mining
operation shall be diverted in a manner designed to
I control siltation , erosion , or other damage to streams
and natural water courses .
6 . Excavations made to a water-producing depth and which
I will not be refilled must leave a minimum water depth
of at least five feet measured from low water mark .
7 . All graded or backfilled areas shall be covered with
topsoil to a minimum depth of six inches , except that
I no greater depth of topsoil shall be required than
that originally existing on the property prior to
commencement of operations . The property shall be
I graded so that stagnant water will not be permitted
to collect thereon .
I G . Cancellation of permit - The Board of County Commissioners
shall have the power to cancel permits for violation of
any of these regulations or conditions imposed by said
Board . The Board of County Commissioners shall cause to
I be served written notice upon the permittee at the add-
ress contained in the permit setting out a clear and con-
cise statement of the violations , and directing the per-
I mittee to correct such violation within thirty days . If
the violations have not been corrected , then the Board of
County Commissioners shall direct the permittee to appear
I at a time certain before the Board of County Commissioners ,
not less than ten days nor more than thirty days after the
date of service notice . The Board of County Commissioners
shall hold a hearing to determine the nature and extent of
I the alleged violation and shall have the power , upon good
cause being shown , to cancel or revoke the permit hereto-
fore issued to the permittee , to require the County or its
I agents to enter upon the premises and to take the correct-
ive measures required by the Board of County Commissioners ;
the cost to be assessed against the permittee and his
I sureties .
I
SUPPLEMENTARY REGULATIONS 49
6 . 1 (4 ) Cattle Feedlots and the Raising of Rabbits , Sheep , Swine
and Other Animals for Commercial Use.
A . Commercial feed yards shall be located at least 2 ,640
feet from any public place of assembly; and from any
E , R , H , MH , T , B or S zone district or subdivision ;
and at least 660 feet from any existing residence on
another lot without the written approval of the fee
i owner of said residence .
B . Commercial feed yards shall be located at least 50 feet
from any State or Federal highway right-of-way , subject
to review by the Colorado Department of Highways .
C . Manures shall be handled and disposed of in a sanitary
manner , approved by the Weld County Health Department .
D . Suitable chemical and scientific controls shall be pro-
, vided for rodent and insect control .
E . Concrete or other suitable aprons adjacent to the per-
manently affixed feed bunks , water tanks and feeding
1 devices shall be provided .
F . Adequate mechanical means for scraping , grading and clean-
ing of area shall be provided at all times ; and scraping ,
grading and cleaning of the area will be accomplished as
approved by the Weld County Health Department .
G . Drainage facilities or improvements shall be construct-
ed to protect any adjacent rivers , streams or other
' bodies of water from pollution , as approved by the
Weld County Health Department .
' 6 . 1 (5 ) Fertilizer (Organic ) Storage and Sale , Where the Fertilizer
is Stored for Longer than One Year .
I A . Such use shall be located at least 2 , 640 feet from any
public place of assembly , and from any residential zone
district or subdivision , and at least 660 feet from any
existing residence on another lot without the written
approval of the fee owner of said residence .
B . Storage of fertilizer shall not be permitted closer
than 300 feet to any public right-of-way or lot line .
C . Rodents and insects shall be controlled in accordance
with standards set by the Weld County Health Department .
D . Upon termination of permit , all fertilizer shall be
' removed .
6 . 1 ( 6 ) Outdoor Shooting Ranges , Subject to Conditions Set Forth
' Below.
A . Special permit to operate an outdoor shooting range may
be issued for a period up to five years .
' SUPPLEMENTARY REGULATIONS 50
rB . Application for a permit to operate an outdoor shooting
range shall be accompanied by the following informa-
tion :
I1 . Topography at two-foot intervals .
2 . Plan of range with supporting data on safety
jfactors .
C . The following minimum standards shall apply to all
1 outdoor shooting ranges :
1 . Minimum land requirements shall be set by the
Planning Commission for each application .
2 . Shooting ranges shall , when possible , be located
to take advantage of natural terrain barriers .
The entire range (including danger area if range
is not of the " Safety Range" type ) shall be
fenced and warning signs posted every 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 the gradient
' between the firing point and target does not
exceed 2% .
4 . Perimeter of range shall be landscaped to pro-
vide 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 , shoot-
ing shall be supervised by a range officer or
instructor qualified by the National Rifle
Association or military service or other similar
training .
6 . In addition to firing lines or fields , adequate
space for danger areas , parking , equipment , storage
building , clubhouse and/or latrines shall be
provided .
' D . Provisions for pistol , small -bore and high-caliber
Rifle Ranges .
1 . " Safety Range" requirement . If range is constructed
in a built-up area , or when area is developed , or
when natural terrain does not offer adequate pro-
tection , overhead safety baffles may be required .
1
I
ISUPPLEMENTARY REGULATIONS 51
I 2 . Firing points shall be four to five feet apart for
shooting distances up to 200 yards .
3 . Rifle or pistol ranges shall not be permitted with-
I out bullet stops . Natural or artificial bullet
stops shall be provided .
a . Natural bullet stops . Only slopes of hills
I shall be used for natural bullet stops . The
crest of the hill used for a bullet stop shall
be at least 30 feet above the level of the
II firing point for a 100-yard range . An
additional ten feet of hill shall be provided
for each additional 100 yards of range .
I The slope of the hill shall not be less than
two to one . A vertical cut shall be taken
out of the face of the hillside used for
a backstop to provide a nearly perpendicular
II face to catch bullets and prevent richochets .
b . Artificial bullet stops . For up to a 300-
yard range , an earth embankment at least 25
I feet in height , well sodded to retain slope
of 350 from perpendicular and topped by an
earth-filled timber barricade at least 15
I feet high , shall be provided . Stones shall
be removed from the face of the embankment
to a depth of 18 inches . For each additional
100 yards of range , ten feet in overall
I height of the bullet stop shall be added .
Bullet stop shall extend approximately
160 feet beyond the ends of the target line
I for high-caliber ranges ; 25 feet for small -
bore rifle and pistol ranges .
E . Provisions for trap and skeet fields .
I1 . A 100 by 300-yard danger zone shall be provided
for trap fields .
I 2 . A 300 by 600-yard danger zone shall be provided
for skeet fields .
3 . Trap and skeet fields may be combined (traps lay-
I out super-imposed on skeet field ) where 300 by 600-
yard zone shall be required .
4 . The trap field layout shall meet the requirements
of the American Trap Association .
I 5 . The skeet field layout shall meet the requirements
of the National Skeet Shooting Association .
1 6 . 1 (7 ) Poultry Production : Chickens , Ducks , Geese , Turkeys
1
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I
ISUPPLEMENTARY REGULATIONS 52
II A . Commercial poultry operations shall be located at least
2 , 640 feet from any public place of assembly , and any
E , R , H , MH , T , B or S zone district or subdivision ;
and at least 660 feet from any existing residence on
I another lot without the written approval of the fee
owner of said residence .
B . Commercial poultry operations shall be located at least
I 50 feet from any State or Federal highway right-of-way
subject to review by the Colorado Department of High-
ways .
I C . Manures shall be handled and disposed of in a sanitary
manner approved by the Weld County Health Department ,
without creating public health hazard or nuisance .
D . Chemical and scientific controls shall be provided for
' rodent and insect control .
E . Drainage facilities or improvements shall be con-
structed to protect any adjacent rivers , streams or
IIother bodies of water from pollution . ( Rev . 12/26/73 )
6 . 1 ( 8 ) Sanitary Land Fill ( Solid Waste Disposal Sites ) - Applicants
I for Certificates of Designation for solid waste disposal
sites shall supply copies of the information supplied to
the State Health Department as required by " Solid Waste
Disposal Sites and Facilities " Chapter 35 , Article 23 -
I C . R . S . 1963 ( Volume II ) amended 1971 by Senate Bill 132 ,
effective date July 1 , 1971 . ( Rev . 12/ 26/73 )
I 6 . 1 ( 9 ) Sewage Systems : Pumping Stations , Sludge Drying Beds ,
Treatment Plants , Lagoons - Applicants for site approval
shall submit copies of the information supplied to the
IState Health Department . ( Rev . 12/ 26/73 )
6 . 1 ( 10 ) Dog Kennels
I A . Dog kennels shall be located at least 2 , 640 feet from
any public place of assembly , and from any E , R , H , MH ,
T , B or S zone district or subdivision ; and at least
II 660 feet from any existing residence on another lot
without the written approval of the fee owner of said
residence .
I B . Manures shall be handled and disposed of in a sanitary
manner approved by the Weld County Health Department .
C . Suitable chemical and scientific controls shall he pro-
vided for rodent and insect control .
II D . Drainage facilities or improvements shall be con-
structed to protect any adjacent rivers , streams or
other bodies of water . ( Rev . 12/ 26/73 )
II
I
I
SUPPLEMENTARY REGULATIONS 53
6. 1 ( 11 ) Outdoor Drive-In Theaters
A . The Planning Commission and Board of County Commis-
sioners shall consider the following criteria in
making their determination in approving or denying
a Special Use Permit for an outdoor drive- in theater
in addition to those criteria enumerated in Section
' 3 . 3E . 2 : Its impact on prime agricultural land which
is defined as soils with agricultural capability
classifications of I , II , and III as indicated on
maps compiled by the U . S . D . A . Soil Conservation
Service .
B . Parking and Stack Area Requirements
1 . One on-site parking space shall be provided for
each employee on duty. The peak employment
period shall be used to determine the number of
employee parking spaces .
2 . A stack area capable of storing at least one-
third ( 1 /3 ) as many cars as can be accommodated
within the viewing area shall be provided , away
from the flow of incoming or outgoing traffic ,
for waiting vehicles .
1
3 . Ticket gates shall be provided as follows :
a ) One ticket gate for up to a 300 car capacity
theater ;
b ) Two ticket gates for up to a 600 car capacity
theater ;
' c ) Three ticket gates for up to an 800 car
capacity theater ; and
d ) Four ticket gates for up to a 1 , 000 car
capacity theater .
C . Lighting
1 . All outside lighting shall be arranged and
shielded so as to prevent any nuisance on
adjoining streets or property .
2 . Exits and pedestrian passageways shall be ade-
quately lighted at all times when open to the
public .
1 D . Access
1 . Each developed site shall have a minimum of two
accesses , but shall not have more than two
accesses onto any one street, except that the
Board of County Commissioners has the right to
prescribe additional access requirements if it
is deemed that a change in the location and
number of accesses will reduce the possibilities
of traffic hazards .
I
1
SUPPLEMENTARY REGULATIONS 54
1 2 . No direct entrance to or exit from a drive-in
theater shall be permitted onto any freeway or
expressway as defined and delineated on the
II Weld County Thoroughfare Plan or on any state
or local plans .
3 . The accesses for the drive-in theater shall be
I directly onto a paved road .
4. Acceleration and deceleration lanes and left-
turn lanes shall be provided when deemed neces-
sary by the Board of County Commissioners to
1 facilitate the continuous and safe flow of
traffic to and from the theater .
5 . The facility shall be designed to provide emer-
gency vehicular access at all times .
6 . Entrance and exit drives shall be paved and
channelized to guide incoming and outgoing
I traffic .
7 . Adequate site distance shall be provided at all
access points .
IE . Trash Areas
1 . All outside trash , garbage and refuse areas
I shall be screened from view.
2 . Provision shall be made for adequate vehicular
access to and from such areas for collection
I purposes .
F . Projection Screens
I 1 . The projection screen shall be oriented so as
to minimize the potential traffic hazard
created by people viewing the screen from ad-
I jacent highways .
2 . Construction plans for the screen shall be pre-
pared by a certified engineer and said plans
shall conform with the requirements of the Weld
1 County Building Code .
3 . The screen and its supporting structure shall
be designed to withstand a wind pressure of at
Ileast 25 pounds per square foot .
G . Fire Protection
I Fire protection shall be provided in accordance
with the requirements of the fire protection dis-
I trict having jurisdiction in the area where the
theater is to be located .
H . Buffering
I1 . The drive-in theater shall be adequately
buffered through the use of landscaping and/or
I
SUPPLEMENTARY REGULATIONS 55
fencing to minimize negative impacts on sur-
rounding land uses .
2 . The Special Use Permit boundary line for an
' outdoor drive- in theater shall not be located
closer than 2 , 640 feet from the boundary of
any Estate , Residential , High Density , or
Mobile Home District .
I . Health Standards and Regulations
' The proposed facility shall comply with all State
and County Health Standards and Regulations .
6 . 2 Minimum Lot Area and Minimum Lot Width
1 . Established Lots - Where an individual lot was
held in separate ownership from adjoining pro-
perties , or was platted and recorded at the time
of passage of this Resolution , or at the time of
passage of any amendnent to the Resolution or re-
quired by such amendment , such a lot may be occupied
according to the permitted uses provided for the
district in which such lot is located .
2 . Reduction - No part of an area or width required for
a lot for the purpose of complying with the pro-
visions of this Resolution shall be included as an
' area or width required for another building .
6. 3 Minimum Yards
1 . Reduction - No part of a yard required for any
building for the purose of complying with the
provisions of this Resolution shall be included
as a yard for another building , and all yards
shall be open and unobstructed except as other-
wise provided herein .
I
1
SUPPLEMENTARY REGULATIONS 56
' 2 . Architectural Features : Cornices , canopies , eaves or
similar architectural features may extend into a re-
quired yard not more than 2 feet .
3 . Porches : Open , unenclosed , uncovered porches at ground
level may extend into a required yard not more than 6
feet .
1 4 . Fire escapes : Fire escapes may extend into a required
yard not more than 6 feet .
5 . Accessory building : Permitted accessory buildings may
be located in the rear yard for a principal building .
6 . Reversed corner lots : The side yard along the street
side of a reversed corner lot shall be not less than
' the required front yard for principal buildings along
such a side street .
6 . 4 Maximum Height of Buildings
' 1 . Special exceptions : The height limitations of this
Resolution shall not apply to church spires , belfries ,
cupolas , penthouses , or domes not used for human oc -
cupancy , nor to chimneys , ventilators , skylights ,
water tanks , silos , parapet walls , cornices without
windows , antennas , or necessary mechanical appurten-
ances usually carried above the roof level .
6 . 5 Special Areas Subject to Flooding
For the purpose of the Resolution , there are hereby es -
tablished "Flood Plain Areas " as shown on the Zoning Dis -
trict maps of Weld County within which the following res -
trictions shall apply :
' 1 . No dwelling , mobile home , school , church or other place
of assembly shall be permitted ;
2 . No storage of materials which could be moved by flood
waters shall be permitted unless the materials are
' secured adequately to prevent their being moved down-
stream during periods of flooding ;
3 . No dumping of debris which might be moved downstream
' during periods of flooding shall be permitted ; and
4 . Accessory buildings or other structures located in areas
subject to flooding shall be constructed only after hav-
1 ing been approved by the Weld County Planning Commission ,
which shall first be assured that such buildings or other
structures will not impede the flow of water during
periods of intense flooding .
1 6 .6 Unit Developments
' Unit developments may be permitted in all zone districts sub-
ject in each instance to being shown on a plan as defined ,
processed and approved as follows : ( Rev . 10/7/70 )
' 1 . A unit development shall be defined as a project which
is controlled by one owner , corporation or agency , or
1
SUPPLEMENTARY REGULATIONS 57
the subject of on application filed jointly by the
owners of the property to be included , which is located
' on at least 5 acres of land , including useable open
spaces for the mutual benefit of the entire tract , and
which is planned to provide variety and diversity so
' that maximum long-range benefits of unique site design
can be achieved while still protecting the surround -
ing areas . ( Rev . 10/7/70 )
2 . Normal Zoning standards for "minimum setback , " "mini -
mum lot area , " "minimum lot width , " "minimum side yards , "
"minimum rear yards , " "maximum height of buildings , "
may vary as specified on the unit development plan .
3 . An application for a Unit Development shall contain the
' following information :
Proposed name of the area ;
Total acreage ;
A site plan showing the proposed location and
dimensions of all structures ;
Land to be retained as functional open space , the
' purpose for which it is to be used , and an explana-
tion of how such open space will be preserved and
maintained ;
A circulation plan for vehicles and pedestrians ;
Uses to be developed in the area , and the proposed
density of development ;
' A legal description of the property ;
The proposed construction schedule ;
Landscaping proposals ; and
' Such additional information as may be requested by
the County Planning Commission and by the Board of
County Commissioners in order to justify granting
the Unit Development .
4 . Unit Developments shall have :
A maximum density not to exceed 12 dwelling units per
acre ; and
A minimum amount of useable open space (exclusive of
parking and streets ) of not less than 25 percent of the
total acreage shall be required in the E , R , and H zone
districts . ( Rev . 10/ 7/70 )
1 5 . Review procedure . . . . before a building permit is
granted for a structure which is part of a unit de -
velopment plan , a general plan for the entire unit
' development shall be approved by the County Planning
Commission and the Board of County Commissioners who
shall be guided in their review by the intent of this
Zoning Resolution , by the unique conditions of the land
involved , and by the County wide need for such develop-
ments . Following such official approval , the official
1
' SUPPLEMENTARY REGULATIONS 58
' unit development plan shall be recorded in the files
of the Board of County Commissioners , and the County
Clerk and Recorder ' s office . Proposed amendments to
' the official Unit Development Plan shall be processed
in a similar manner . ( Rev . 10/7/70 )
1
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' SUPPLEMENTARY REGULATIONS 59
6 . 7 Temporary Assemblages
( 1 ) Intent
' (a ) It is the purpose of this section of the Weld
County Zoning Resolution to regulate the assemblage
of large numbers of people , so as to provide a mini -
mum level of health , sanitary , fire , police , trans-
portation and utility services , to protect the
health , safety and welfare of all persons in the
' county .
( b ) It is the intent of this resolution that all
' sections and provisions of this resolution have an
independent existence , and , should any section or
provision be declared invalid or unconstitutional
by a court of competent jurisdiction , it is the in-
tent of this Weld County body that any section or
provision so decia ~ d. shall be severable from and
shall not effect the validity of the remainder of
' the resolution .
( 2 ) Permit required
' ( a ) No person shall , on land that person owns , either
directly or indirectly , or otherwise controls , by
lease or otherwise , for any period of time , permit ,
' maintain , promote , conduct , advertise , act as en -
trepreneur , organize , manage or sell or give tickets
to an actual , or reasonably anticipated assembly of
t five hundred ( 500 ) or more people which continues
or can reasonably be expected to continue for five
( 5 ) or more consecutive hours , whether on public or
' private property , unless a permit to hold such an
assembly has first been issued by the Board of
County Commissioners of Weld County . A permit ap-
proved by said Board of County Commissioners to hold
' an assembly , shall allow the applicant and its
agents , employees , nd assigns to engage in any law-
ful activity in connection with the holding of the
permitted assembly . Application for a permit to
hold an assembly of 500 or more persons as hereto-
fore described , must be made at least thirty ( 30 )
' days in advance of the assembly .
( b ) As used in this resolution :
( 1 ) Person means any individual , partnership ,
corporation , firm , company , association ,
society or group .
I
1
I
ISUPPLEMENTARY REGULATIONS 60
( 2 ) Assembly means a company of persons gathered
I together at any location at any single time
for any purpose .
( 3 ) Permits and regulations regarding the permits
I and permit fees are subject to the approval
and discretion of the Commissioners .
(c ) A separate permit shall be required per day for
I
each location at which 500 or more people assemble
or can reasonably be anticipated to assemble ; the
fee per day for each location shall be One Hundred
I Dollars ( $100 . 00 ) , payable to the County Clerk and
Recorder upon issuance of the permit .
I (d ) A permit shall allow the assembly of only the maxi -
mum number of people stated in the permit . The
person obtaining such a permit shall not sell
tickets to nor permit to assemble at the permitted
I location more than the maximum permissible number
of people .
I (e ) The applicant ( permittee ) shall not allow the
sound of the assembly to carry unreasonably beyond
the boundaries of the location of said assembly .
I For the purposes of this resolution , sound created
by the assembly which measures more than ninety
( 90 ) decibels beyond the boundaries of the place
of assembly shall be presumed to be unreasonable .
I ( f ) This resolution shall not apply to any regularly
established , permanent place of worship , stadium ,
I
athletic field , arena , auditorium , fairgrounds ,
coliseum , picnic Or camping area , or other similar
permanently established place of assembly , provided
said places are being used for the established and
I
normal use , which do not exceed by more than two
hundred fifty ( 25u ) people the maximum seating capa -
city of the structure where the assembly is held .
I ( g ) This resolution - hall not apply to government
sponsored affairs held on regularly established
I fairgrounds nor co assemblies required to be li -
censed by other jaws and regulations of Weld County .
( 3 ) Minimum conditions for issuance of a permit to hold an
I
assembly of 500 or more people . Before a person may be
issued a permit , the applicant shall first :
I ( a ) State the maximum number of people which will be
assembled or admitted to the location of the as -
sembly . In no case shall the number of people to
' be assembled or admitted to the location of the
I
' SUPPLEMENTARY REGULATIONS Fl
assembly exceed the maximum number which can
I reasonably assemble within the boundaries of the
location of the assembly . In determining the
number of people to be allowed to assemble at the
permit location , the nature of the assembly , size
I
of the assembly , the size of the boundaries covered
by the permit applied for , the health , water and
sewerage facilities to be provided , traffic con-
I gestion which may occur at the permit location , the
proximity of residences or other structures or land
uses which may be adversely affected by such an as-
I sembly , as well as any other adverse affects on the
health , safety and welfare of persons in Weld
County , may be considered by the Weld County Plan-
, ning Commission , and the Board of County Commission -
ers of Weld County . Where the assembly is to con-
tinue overnight , the maximum number of people to
be permitted to assemble shall not exceed the
I number which can sleep within the boundaries of the
location of the assembly in accordance with state
and local health standards , and the Weld County
' Zoning Resolution .
( b ) Provide proof that the applicant has furnished or
' will furnish or cause to be furnished at the appli -
cant ' s own expense before the assembly commences :
( 1 ) An adequate , safe , supply of potable water
I meeting requirements of Colorado Department of
Health . Where water is not available under
pressure , and non-water carriage toilets are
I used , potable water , meeting all federal and
state requirements for purity , should be pro-
vided for bathing and drinking at the rate of
at least three ( 3 ) gallons per person per day .
I Where water is distributed under pressure and
flush toilets are used , the water supply sys-
tem shall deliver water at normal operating
I pressures ( 20 pounds per square inch minimum )
to all fixtures at the rate of at least thirty
(30 ) gallons per person per day .
I ( 2 ) For males and females separate enclosed toilets ,
meeting all state and local specifications ,
conveniently located throughout the grounds ,
I sufficient to provide healthful facilities for
the maximum number of people to be assembled .
There shall be a minimum of one ( 1 ) toilet for
I every one hundred ( 100 ) males and one ( 1 ) toi -
let for every one hundred ( 100 ) females , to-
gether with an efficient , sanitary means of
' disposing of waste matter deposited , which is
I
ISUPPLEMENTARY REGULATIONS 62
in compliance with all state and local laws
I and regulations . There shall also be provided
a lavatory with running water under at least
twenty ( 20 ) pounds pressure located at each
medical facility .
I
( 3 ) A sanitary method of disposing of solid waste ,
in compliance with state and local laws and
I regulations , sufficient to dispose of the solid
waste production of the maximum number of people
to be assembled at the rate of at least 2 . 5 lbs .
I of solid waste per person per day , together with
a plan for holding and a plan for collecting all
such waste at least once each day of the as-
sembly and sufficient trash cans , the contents
I of which will be collected and properly dis-
posed of at least three ( 3 ) times each day , and
personnel to perform these tasks and for
I cleaning the premises and immediate surrounding
properties within forty-eight (48 ) hours after
an event .
I (4 ) A nurse licensed to practice in Colorado for
every one thousand ( 1 ,000) people , and two
' ( 2 ) persons trained in emergency medical tech-
nology for the first five hundred ( 500) persons
and one for every 500 after that ; and at least
one emergency ambulance available for use at
I all times . An enclosed structure where treat-
ment may be rendered should be provided .
I ( 5 ) If the assembly is to continue during hours of
darkness , illumination sufficient to light the
area of attention ( stage , actors , band , etc . )
shall be provided at the rate of at least five
I
( 5 ) foot-candles . Such illumination shall not
be allowed to shine or reflect unreasonably
beyond the boundaries of the location of the
Iassembly .
(6 ) A parking area sufficient to provide parking
I space for the maximum number of people to be
assembled at the rate of at least one ( 1 )
parking space for every four (4 ) persons with
parking area provided at a rate of no more
I than one hundred forty-five ( 145 ) passenger
cars or seventy-five (75 ) buses per acre . No
flow of traffic on County roads is to be
I blocked or hindred so no cars or buses or bikes
will be allowed to park along the side of or
in the County roads .
tSUPPLEMENTARY REGULATIONS 63 _
(7 ) Communication with hospital , police and fire
' services shall be provided and should be based
in the medical station .
1 (8 ) If the assembly is to continue overnight ,
camping facilities in compliance with all
state and local requirements shall be provided
for the maximum number of persons to attend
' the assembly .
(9 ) That there will be adequate security to stop
' any disturbances which might occur . As a
minimum requirement , the applicant shall pro-
vide security guards at the rate of two ( 2 )
I for every five hundred ( 500) persons attending
the assembly to patrol the perimeter of the
assembly . For security within and among the
assembled people at least five ( 5 ) security
I guards shall be provided , or in the alternative ,
an adequate plan of peer group control may be
used . All security guards shall be off duty
I peace officers or private guards licensed in
Colorado .
' ( 10) Fire protection services should be available
if needed for the area .
( 11 ) If electrical system(s ) are not self-supporting ,
I electrical system( s ) installation and mainten-
ance shall comply with minimum County electri -
cal standards .
' ( 12 ) A bond shall be filed with the Clerk of this
County , either in cash or underwritten by a
I surety company ( licensed to do business in
Colorado ) determined by the Board of County
Commissioners to be reasonable in relation to
the risks and hazards relating to the event :
' It shall indemnify and hold harmless this
county or any of its agents , officers , servants
and employees from any liability or causes of
' action which might arise by reason of granting
this permit , and from any cost incurred in
cleaning up any waste material produced or
I left by the assembly or any public liability
and property damage caused due to the assembly .
The minimum bond required to be posted by the
applicant before the permit can be approved
Ishall be :
a $1 ,000 . 00 bond for 1 to 1 ,500 persons
' a $5 ,000. 00 bond for 1 ,500 to 5 , 000 persons
I
ISUPPLEMENTARY REGULATIONS '4
a $10 ,000 . 00 bond for 5 ,000 to 10 ,000 persons
' a $100 ,000 . 00 bond for more than 10 ,000 persons
( c ) Determine those factors necessary in the design and
I location of permanent or temporary facilities on
the site , and in maintenance of the site , that will
insure :
I ( 1 ) That trees , underbrush , large rocks and other
natural features shall be left intact and un-
disturbed whenever possible .
I ( 2 ) That natural vegetative cover shall be retained ,
protected and maintained so as to facilitate
drainage , prevent erosion and to preserve scenic
Iattributes .
( 3 ) That the site shall be maintained free from
Idust wherever possible .
(4 ) Application
I ( a ) Application for a permit to hold an actual or anti -
cipated assembly of five hundred ( 500) or more per-
I sons shall be made in writing to the Board of Weld
County Commissioners at least thirty ( 30) days in
advance of such assembly .
I ( b ) The application shall contain a statement made
upon oath or affirmation that the statements con-
tained therein are true and correct to the best of
I knowledge of the applicant and shall be signed and
sworn to or affirmed by the individual making appli -
cation in the case of an individual , by all officers
in the case of a corporation , by all partners in the
I case of a partnership or by all officers of an unin-
corporated association , society or group or , if
there be no officer , by all members of such associ -
Iation , society or group .
( c ) The application shall contain and disclose :
I ( 1 ) The name , age , residence and mailing address
of all persons required to sign the application
I by (4 ) ( b ) and , in the case of a corporation , a
certified copy of the articles of incorporation
and provide such further assurances as may be
required by the Board of County Commissioners .
I ( 2 ) The address and legal description of all pro-
perty upon which the assembly is to be held
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I
ISUPPLEMENTARY REGULATIONS 65
together with the name , residence and mailing
I address of the record owner ( s ) of all such
property .
(3 ) A notarized statement by the record owner ( s )
I
of all such property permitting an assembly of
500 or more persons .
I (4 ) The nature or purpose of the assembly .
( 5 ) The total dates of days and/or hours during
I which the assembly is to last .
(6 ) The maximum number of persons which the appli -
cant shall permit to assemble at any time ,
I
not to exceed the maximum number which can
reasonably assemble at the location of the
assembly , or the maximum number of persons
I allowed to sleep within the boundaries of
the location of the assembly by the health
standards of the County .
I (7 ) The maximum number of tickets to be sold , if
any .
I (8 ) The plans of the applicant to limit the
maximum number of people permitted to assemble .
I ( 9 ) The plans for supplying potable water including
the source and amount available .
I ( 10) The plans for providing toilet and lavatory
facilities including the source , number and
location , type , and the means of disposing of
waste deposited .
I ( 11 ) The plans for holding , collecting and dis-
posing of solid waste material .
I ( 12 ) The plans to provide for medical facilities
including the location and construction of a
I structure , the names and address and hours of
availability of medical technologists and
nurse ( s ) and provisions for emergency ambu-
lance service .
' ( 13 ) The plans , if any , to illuminate the location
of the assembly including the source and a-
llmount of power and the location of lamps .
SUPPLEMENTARY REGULATIONS 66
( 14 ) The plans for parking vehicles including size
' and location of lots , points of highway access
and interior roads including routes between
highway access and parking lots .
' ( 15 ) The plans for communication including the
source , amount and location of communication
equipment .
' ( 16 ) The plans for camping facilities , if any , in-
cluding facilities available and their lo-
cation .
( 17 ) The plans for fire protection .
' ( 18 ) The plans for security including the number
of guards , their deployment , and their names ,
addresses , credentials and hours of avail -
ability ; description of peer group control ,
if any .
' ( 19 ) The plans for sound control and sound ampli -
fication , if any , including number , location
and power of amplifiers and speakers .
' ( 20 ) If applicable : Meeting County health standards
for plans for food concessions and concession-
ers who will be allowed to operate on the
' grounds including the names and addresses of
all concessioners and their license or permit
numbers .
' ( 21 ) The plans , if any , for electrical systems .
' (22 ) The plans to insure that trees , underbrush ,
large rocks and other natural features shall
be left intact and undisturbed whenever possi -
ble ; that natural vegetative cover shall be
' retained , protected and maintained so as to
facilitate drainage , prevent erosion and to
preserve the scenic attributes ; and that the
' location of the site shall be maintained free
from dust whenever possible .
' (5 ) The application shall include the bond required in
( 3 ) ( b ) ( 12 ) , and the permit fee .
( 6 ) Review Procedures
' (a ) Review by County Planning Commission
' ( 1 ) When an application has been received it shall
be reviewed and acted upon by the Weld County
1
' SUPPLEMENTARY REGULATIONS 67
Planning Commission at a regularly scheduled
' public meeting , within fifteen ( 15 ) days or
another mutually agreed upon period of time .
The Planning Commission may require or recom-
mend changes or modifications to the appli -
cation in the public interest . If the appli -
cation and all supplementary data comply with
the applicable requirements of these regu-
lations , the Planning Commission shall endorse
on the application in the space provided .
' ( 2 ) Within three ( 3 ) days after review of the
application , the Planning Commission shall
send written notification of its review to
' the Board of County Commissioners . Required
and recommended modifications to the appli -
cation , if any , shall be noted on three ( 3 )
copies of the application ; one copy to be
transmitted to the Board , one copy to be re-
tained in the Planning Commission files , and
one copy to be transmitted to the applicant .
( b ) Public hearing before the Board of County Commission-
ers : The Board shall hold a hearing on the appli -
cation within seven (7 ) days of receipt of trans-
mittal from the Planning Commission at a regularly
scheduled public board meeting . The Board of
County Commissioners may , by resolution , approve
' the application as presented , deny the application ,
or approve the application subject to the applicant
fulfilling reasonable conditions it may impose . In
acting on the application the Board of County Com-
missioners may consider all evidence including the
recommendation of the Planning Commission . If the
' Board determines that the application is to be ap-
proved , or disapproved subject to the applicant
fulfilling conditions placed on said approval , the
Board shall so indicate including the noting of any
' conditions to be met and then endorsing the same .
( 7 ) Issuance - The application for a permit shall be pro-
cessed within twenty-five ( 25 ) days from the time of its
receipt from the applicant and shall be issued if all
conditions and requirements are met .
' (8 ) Revocation - The permit may be revoked by the Board of
County Commissioners of this County at any time if any
of the conditions necessary for the issuing of or con-
tained in the license are not complied with , or if any
condition previously met ceases to be met ; the bond may
also be forfeited .
I
N ON - CONFORMING USES AND BUILDINGS 66•_
SECTION VII
1 Except as provided in this Section , the lawful use and location
of any building or land existing at the time of enactment of this
Resolution , or of any amendments to this Resolution , may he con-
tinued even though such use or location does not conform to the
requirements of this resolution .
1 7 . 1 Repairs and Maintenance
1 . Ordinary repairs and maintenance of a non-conforming
1 building shall be permitted .
7 . 2 Restoration
1 1 . A non-conforming building which has been damaged by
fire or other causes may he restored to its original
conditions , provided such work is commenced within
1 one year of such calamity .
7 . 3 Abandonment
1 1 . Whenever a non-conforming use has been discontinued for
a period of one year , such use shall not thereafter
be reestablished , and any further use shall he in
1 conformance with the provisions of this Resolution .
7 .4 Change in Use
1 1 . A non-conforming use shall not be changed to a use
of lower , or less restrictive classification ; such
1 non-conforming use may , however , be changed to another
use of the same or higher classification .
7 . 5 Extension
1 1 . A non-conforming use shall not be extended .
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AMENDMENTS 69
SECTION VIII
' 8 . 1 General Procedure
Amendments to this Resolution shall be in accordance with
' the laws of the State of Colorado which require the follow-
ing action before adoption of any such amendments :
1 . Study and recommendation of the proposed amendment by
the Weld County Planning Commission .
2 . Completion of a public hearing before the Board of
County Commissioners after at least 30 days ' notice
of the time and place of such hearing shall have been
given by at least one publication in a newspaper of
general circulation within the County .
8 . 2 Special Procedure
Before submitting a report and recommendation of any pro-
posed amendment to this Resolution , as required in No . 1
above , the County Planning Commission may hold a public
hearing on the proposed amendment in which event the fol -
lowing special conditions shall be required :
1 1 . A notice of said hearing shall be published once in
a newspaper serving the general area of the amendment
at least 7 days prior to the hearing date .
1 2 . For proposed amendments to the "Zoning Area Map " , the
applicant shall submit a list of names and addresses
' of all owners within the area requesting rezoning and
all property owners having property within 500 feet
of the area requesting rezoning . The County Planning
Commission shall send a written notice of said hearing
at least seven ( 7 ) days prior to the hearing date to
the property owners of most recent record within the
area requesting rezoning and within 500 feet of the
' area proposed for rezoning . Failure to mail such
notice to every property owner due to clerical omis -
sion shall not affect the validity of any hearing or
' determination of the County Planning Commission .
3 . For proposed amendments to the "Zoning Area Map " , a
fee shall be charged to cover the costs of advertis-
ing and processing . For all other proposed amendments ,
a fee of $ 10 . 00 shall be charged to cover such costs .
4 . For proposed amendments to the "Zoning Area Map , " the
County Planning Commission shall require the applicant
to post public notices on the property requesting re -
zoning . In such cases , notices shall he posted at
least 10 days prior to the hearing date . Such notice;
shall be readable from public roads adjacent to the
area and shall contain the following information :
I
I
AMENDMENTS 70
Ia . Rezoning request number
b . From zoning district to zoning district
I c . Date and place of public hearing ;
d . Location and phone number of the public office where
additional information can be obtained .
I8 . 3 Reasons for Rezonins
Requests for rezoning of tracts within Weld County should be
I supported by detailed and substantial evidence that such re-
zoning is necessary . Recent findings and oral statements by
the petitioners should show very clearly that either the origi -
I nal zoning was faulty or that changing conditions in the area
now justify a new classification . Without the presentation
of such supporting documentation , the County Planning Commis-
Ision should not recommend a change in zoning .
The following arguments which are frequently presented are
not sufficient grounds for rezoning :I 1 . "The area has no other practical use ; "
2 . "The proposed rezoning would allow the "highest and best
I use of the land " ; "
3 . "A non-conforming use is located on the property ; "
4 . "The area adjoins land already zoned in this manner ; "
I 5 . "No one in the neighborhood objects ; "
6 . " If the zoning is granted , we will agree to use it only
for certain purposes ; "
7 . "You haven ' t given us any reasons for not making the
1 change . "
Although each of the preceding arguments has some validity ,
I no one argument alone is sufficient grounds for rezoning .
There must be definite proof that the area requested for
change has unique characteristics which distinguish it from
I surrounding lands and thus make its rezoning essential .
Whenever a change is recommended , the Planning Commission
must assume that the most detrimental uses permitted in such
zone might occur . Furthermore , once a change is made , the
I Planning Commission must recognize the precedent which is
established , both in the immediate area and in other parts
of the County , for like rezoning of other lands "similarly
I situated . " Actions to rezone property simply because "it
doesn ' t seem to make any difference " or "we think it will help
the County Tax base "may lead to serious problems . Zoning
I is a complicated legal process which must be administered
impartially , in the best interests of the entire County , on
the basis of facts , not wishful thinking .
I8 . 4 Conditional Review
Rezoning request for an MH , T , B , C , I or S District shall
I be accompanied by a tentative site plan and a tentative time
schedule for construction of the development . Within six
I
I
AMENDMENTS 71
months after rezoning to one of the above districts , the
owner or his representative shall present a final site plan
and final construction schedule to the County Planning Com-
mission for their review and recommendations . Construction
of the proposed buildings shall commence within twelve months
after the area has been rezoned . If construction does not
proceed according to schedule , or within a six months exten-
1 sion period which may , upon request , be granted by the County
Commissioners , the County Planning Commission shall instigate
action to rezone the district .
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II
B OARD OF ADJUSTMENT , VARIANCES 72
SECTION IX
1 The Board of Adjustment of the County of Weld shall have the fol -
lowing functions and powers in respect to this Resolution .
9 . 1 Appeals to the Board of Adjustment
1 . Appeals to the Board of Adjustment may be taken by any
person aggrieved by his inability to obtain a building per-
mit , or by the decision of any administrative officer
or agency based upon or made in the course of the admin-
1 istration or enforcement of the provisions of this re-
solution . Appeals may be taken by any officer , depart-
ment , Board or Bureau of the County affected by the
1 granting or refusal of a building permit or other deci -
sion of any administrative office or agency based on or
made in the course of the administration or enforcement
of the provisions of this resolution .
I2 . Appeals to the Board of Adjustment must be made in writ-
ing and filed with the Board of Adjustment within 60 days
Iof the act or failure to act or decision appealed from .
3 . Upon appeals the Board of Adjustment shall have the foi -
l' lowing powers :
a . To hear and deride appeals where it is alleged by
the appellant that there is error in any order , re-
I quirement , decision or refusal made by an administra -
tive official or agency based on or made in the en-
forcement of this resolution .
I b . To hear and decide , in accordance with the provisions
of this resolution as hereafter provided , requests for
special exceptions or for interpretation of the zon-
1 ing map or for conditional use permits as provided
in this resolution .
c . Where by reason of exceptional narrowness , shallow-
ness or shape of a specific piece of property at the
I time of enactment of this resolution , or by reason
of exceptional topographic conditions of such piece
of property , the strict application of any regula -
tion enacted under this Resolution would result in
peculiar and exceptional practical difficulties to ,
or exceptional and undue hardship upon , the owner
' of such property , a variance from such strict appli -
cation may he granted so as to relieve such diffi -
culties or hardships ; provided , however , that such
relief may be granted without substantial detriment
1 to the public good and without substantially impair-
ing the intent and purpose of this zoning resolution ;
and that there are exceptional circumstances apply-
Iing to the specific piece of property which do not
B 0ARD OF ADJUSTMENT , VARIANCES 73
apply generally to the remaining property in the same
zoning area or neighborhood .
d . To permit the extension of a non -conforming use through -
out a lot or any building thereon upon such terms and
conditions as the Board of Adjustment shall deem just
and proper ; provided , that such extension may be granted
' without substantial detriment to the public good and
without substantially impairing the intent and pur-
pose of this zoning resolution .
9 . 2 Procedure
1 . All meetings and hearings of the Board of Adjustment shall
be open to the public .
2 . A notice of a hearing to be held by the Board of Adjust-
ment on all appeals presented to such Board shall be pub-
lished once in a newspaper serving the general area of
the request at least 7 days prior to the hearing date .
' 3 . Upon application for variances relating to the use re-
quirements of this resolution , the Board of Adjustment ,
if it deems the same adviseable and practical , may send
a written notice of said hearing by first class mail
at least 7 days prior to the hearing date to owners of
property within 500 feet of the property in question .
Mailing such notice shall be discretionary with the
Board of Adjustment and failure to mail such notice
shall not affect the validity of any hearing or deter-
mination of the Board of Adjustment .
4 . Upon application for variances which do not relate to
the use requirements of this resolution , the Board of
Adjustment , if it deems the same advisable and practi -
cal , may send a written notice of said hearing by first
class mail at least 7 days prior to the hearing date to
owners of property adjacent to the property in question .
Mailing such notice shall be discretionary with the Board
of Adjustment and failure to mail such notice shall not
' affect the validity of any hearing or determination of
the Board of Adjustment .
5 . For variances relating to the use requirement of this
resolution , a fee of $25 . 00 shall be charged to cover the
cost of advertising and processing . For all other vari -
ance requests , a fee of $15 . 00 shall be charged to cover
such costs . ( Rev . 8/ 12/70 ) .
1 74
' INTERPRETATION , VALIDITY , ENFORCEMENT
SECTION X
10 . 1 Interpretation
1 . In their interpretation and application , the provisions
of this resolution shall be held to be minimum require -
' ments adopted for the promotion of the public health ,
safety and welfare . Whenever the requirements of this
resolution are at variance with the requirements of any
' other lawfully adopted rules , regulations or resolutions ,
the more restrictive , or that imposing the higher stand-
ards shall govern .
10 . 2 Validity
1 . Should any section , clause or provisions of this resolu-
tion be declared by a court of competent jurisdiction to
be invalid , such decision shall not affect the validity
of this resolution as a whole or any part thereof , other
than the part so declared to be invalid .
10 . 3 Enforcement
1 1 . It shall be unlawful to erect , construct , reconstruct ,
alter or change the use of any building or other struc -
ture within the zoned area in Weld County without obtain-
ing a building permit from the Board of County Commis -
sioners or its authorized representative , and the Board
of County Commissioners or its authorized representative
shall not issue any permit unless the plans of and for
the proposed erection , construction , reconstruction ,
alteration , or use fully conform to the zoning regula-
tions then in effect . For all building permits required ,
a fee to be set by the Board of County Commissioners
shall be charged by Weld County , except that all con-
struction with a total cost of less than $ 100 . 00 shall
' be exempt from paying a building permit fee .
1
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I
VIOLATIONS AND PENALTIES 75
SECTION XI
' 11 . 1 General
It shall be unlawful to erect , construct , reconstruct , alter ,
maintain or use any building or structure or to use any land
' in violation of any provision of this zoning resolution , or
any amendment thereof . Any person , firm or corporation ,
either as owner , lessee , occupant or otherwise , who violates
any of the provisions of this Resolution , or any amendment
thereof , of who interferes in any manner with any person in
the performance of a right or duty granted or imposed upon
him by the provisions of this resolution , shall be guilty of
misdemeanor , and , upon conviction thereof , shall be fined
not more than One Hundred Dollars ( $100 .00 ) or imprisoned
not more than ten ( 10 ) days , or both . Each day during which
such violation shall continue shall be deemed to be a sepa-
rate offense .
11 . 2 Legal Action
In case any building or structure is , or is proposed to be
' erected , constructed , reconstructed , altered , maintained or
used , or any land is proposed to be used , in violation of
any provision of this Resolution , or any amendment thereof ,
the Board of County Commissioners of the County of Weld , the
' District Attorney in and for the County of Weld , or any owner
of real estate within the zoned area , in addition to other
remedies provided by law , may institute injuntion , mandamus ,
abatement or any other appropriate action or proceeding to
prevent , enjoin , abate or remove such unlawful erection ,
construction , reconstruction , alteration , maintenance , or
use .
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1
DEFINITIONS 76
SECTION XII
12 . 1 General
When not inconsistent with the content , words used in the
present tense include the future ; words in the singular
number include the plural number ; words in the plural number ;
and the masculine includes the feminine .
1 12 . 2 Terms and Words
For the purpose of this resolution certain terms and words
are hereby defined as follows :
( 1 ) "Accessory Building "
A detached subordinate building , the use of which is
customarily incidental to that of the main buildino or
to the main use of the land and which is located on the
' same lot with the main building or use , and not in -
cluding those buildings defined herein as farm and gar -
den buildings .
( 2 ) "Accessory Use "
A use naturally and normally incidental to , subordinate
to and devoted exclusively to the main use of the pre-
mises .
( 3 ) "Agricultural Unit"
An agricultural unit includes the following agricultural
operations as defined in this resolution :
a . commercial feed lots or yards ;
b . farm , ranch and garden buildings and uses ;
c . poultry production , including chickens , ducks , geese ,
and turkeys ;
d . dairy .
1 ( 4 ) "Airport"
Any locality either water or land which is adapted for
the landing and taking off of aircraft and which provides
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 oneration of an airport . ( Rev .
12/26/73 )
DEFINITIONS 77
' ( 5 ) "Alley"
A public thoroughfare , not exceeding 35 feet in width
which affords only a secondary means of access to
abutting property .
' ( 6 ) "Area , Minimum Lot"
The total area within the property lines of the lot ,
excluding adjacent streets except as otherwise provided .
' ( 7 ) " Boarding and Rooming House"
' A building or portion thereof which is used to accomo-
date , for compensation , three or more boarders or
roomers , not including members of the occupant ' s
immediate family who might be occupying such building .
The word " compensation ' shall include payment in money ,
services or other tn ' ngs of value .
' (8 ) ' Building "
Any permanent structure built for the shelter or en-
closure of persons , animals , chattels or property of
any kind and not including advertising sign boards or
fences .
( 9 ) '_Building Height '_
The vertical distance from the "grade" to the highest
1 point of the roof surface .
( 10 ) " Building Principal "
A building in which is conducted the main or principal
use of the lot on which said building is situated .
1 ( 11 ) " Commercial Feedlots or Yards "
A place of confinement for cattle , sheen and swine ,
' corralled , penned or otherwise caused to remain in
pens or corrals where feeding is other than grazing ,
where the capacity at any one time is greater than
' 200 or more cattle , 1 , 000 sheep or 100 swine . Com-
mercial production of rabbits shall include the opera-
tion and facilities for raising or housing , at any one
time , more than 1NO head of rabbits . (Rev . 12/ 26/7.3 )
( 12 ) " Conditional Uses "
' Conditional uses include those uses which may be in
keeping with the intent of a zone , but which may re-
quire singular and/or additional regulation to ensure
desirable operation within a zone . ( Rev . 12/ 26/73 )
DEFINITIONS 78
1 1
( 13 ) "Dairy"
An establishment for the production and subsequent
' sale or distribution of milk or milk products . ( Rev .
12_/25/73 )
( 14 ) ' Dwelling '_
Any building or portion thereof which is used as the
private residence or sleeping place of one or more
human beings , but not including hotels , motels ,
tourist courts , resort cabins , clubs , hospitals or
similar uses . All dwellings shall contain at least
600 square feet of floor area as measured along the
outside walls fo the building .
' ( 15 ) " Dwelling , One- Family"
A detached building designed exclusively for , and
occupied by one family .
( 16 ) " Dwelling , Multiple Family"
A building occupied by two or more families living
independently of each other , but not including motels
or hotels .
' ( 17 ) " Dwelling Unit
One or more rooms in a dwelling designed for or
occupied by one family living and cooking on the
premises .
( 18 ) " Family"
A family s any numUer of persons living and cooking
together on the premises as a single dwelling unit ,
but it shall not include a group ot more titan three
individuals not related by blood or marriage .
( 19 ) " Farm , Ranch and Garden Buildings and Uses "
Those buildings and structures used to shelter or
' enclose livestock , poultry , feed , flowers , field
equipment , dairy operations or similar uses : and
those uses of land devoted to raising of crops ,
Poultry or livestock - provided more than 50 percent
of the roughage tvne feed such as hay and ensilage
for such poultry or livestock is produced bar the
owner on his immediate farm owned or leased property .
DEFINITIONS 79
' ( 20 ) " Grade"
Grade ( ground level ) is the average of the finished
' ground level at the center of all walls of a building .
In case walls are within 25 feet of a sidewalk , said
ground level shall be measured at the sidewalk .
' ( 21 ) " Home Occupation"
Any use conducted principally within a dwelling and
carried on by the inhabitants tnereto , which use is
clearly incidental and secondary to the use of the
dwelling purposes and does not change the character
thereof , providing tnat no article is sold or offered
for sale except such as may be produced by members of
the immediate family residing on the premises .
' ( 22 ) ' Hospital "
' Any building or portion thereof used for the accomo-
dation and medical care of sick , injured or infirm
persons and including sanitariums , but not including
clinics , rest homes , and convalescent homes .
( 23 ) " Hotels and Motels "
' Any building or portion thereof containing six or more
guest rooms used , designed to be used , let or hired
out for occupancy be persons on more or less a temporary
basis .
( 24 ) "Junk Yard"
A yard or enclosure with or without buildings devoted
or used in any manner for the sale , storage or display
of worn and/or discarded materials of any kind which
may be turned into some use or converted to another
either of the same or of a different kind , including
but not limited to oid rope , chain , iron , cooper and
other metals and base metals , machinery or parts of
machinery , glass and glass products including bottles ,
paper and paper products of all kinds , motor vehicles
and/or parts thereof , and aircraft and parts thereof ,
' and all other materials stored or harbored in such
manner as could commonly he recognized as a junk yard .
( Rev . 12/26/73 )
' ( 25 ) " Kennel "
' Any lot or premises on which four or more animals at
least four months of age are harbored .
1
DEFINITIONS _ 80
' ( 26 ) " Legal Lot"
As used in this Resolution , the term " Legal Lot" shall
refer to any parcel in existence at the time of adop-
tion of this Resolution , as indicated on official
' records maintained in the office of the Weld County
Clerk and Recorder , or any parcel created subsequent
to the adoption of this Resolution which was duly
created in accordance with the requirements of the
Weld County Subdivision Regulations and which meets
the minimum area and similar requirements specified
' by this Resolution ; or any parcel created subsequent
to the adoption of this Resolution which was duly
created in accordance with the Condition Use re-
quirements of Section 3. 3 (D ) of this Resoltuion , or
which was duly created in accordance with the Special
Use requirements of Scetion 3 . 3 ( E ) of this Resolution ,
and which has been placed on record in the office of
' the Weld County Clerk and Recorded . (Rev . 12/29/76 )
( 27 ) " Lot"
A parcel of land occupied or to be occupied by a
building or group of buildings and any accessory
buildings identified with each , together with such
' open areas as are required under this Resolution , and
having its principal frontage on a public right of
way .
' ( 28 ) " Lot , Reversed Corner "
' A corner lot having its side street line substantially
a continuation of the front lot line of the first lot
to its rear .
' ( 29 ) " Lot Line , Front"
the property line dividing a lot from a street . On a
corner lot , only one street line shall he considered
as a front line and the shorter street frontage shall
be considered the front line .
' ( 30 ) "Lot Line , Rear "
The line opposite the front lot line .
' ( 31 ) " Lot Line , Side"
' Any lot lines other than front lot lines or rear lot
lines .
' (32 ) "Membership Club"
An association of persons , whether incorporated or
unincorporated for some common purpose hut not in-
cluding groups organized primarily to render a ser -
vice carried on as a business .
DEFINITIONS _ 81
' ( 33 ) "Mobile Home"
For the purposes of this Resolution , a mobile home
shall be defined as a structure without motive power
transportable in one or more sections which is einht
' (8 ) body feet or more in width and is thirty-two ( 32 ) body
feet or more in length , which has wheels and is built
on a permanent chassis , and is designed to be used as
a dwelling with or without a permanent foundation when
connected to the required utilities . "Mobile Home "
includes the plumbing , heating , air conditioning and
' electrical systems contained therein . the term in-
cludes all such structures whether or not built to
the specifications ot the Uniform Building Code .
( 34 ) "Mobile Home Park "
A parcel of land divided into two or more lots or
rental spaces for the placement ot mobile homes .
( 35 ) "Mobile Home Subdivision "
A parcel of land divided into two or more individual
lots for the placement of mobile homes , which lots are
sold to individual mobile home owners for that nuroose .
( 36 ) " Non-Conforming Buildings "
' A building or structure or portion thereof built prior
to the effective date of this Resolution , or any
amendment thereto and conflicting with the provisions
of this Resolution applicable to the zone in which it
is situated .
(37 ) " Non-Conforming Use "
The use of a structure or premises conflicting with
the provisions of this Resolution .
(38 ) "Occupied"
The word "occupied " includes arranged , designed , built ,
altered , converted , rented or leased .. or intended to be
occupied .
' (39 ) "Outdoor Advertising Signs "
Any card , cloth , oaper , metal , painted , wooden , glass ,
' plaster , stone or other sian of any kind placed for
outdoor advertising purposes on the ground , or on any
tree , wall , bush , rock , post , fence , building , struc-
ture or thing whatsoever .
(40 ) " Person"
' The word " person" shall also include association , firm ,
co-partnership or corporation .
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DEFINITIONS 82
( 41 ) "Poultry Production : Chickens , Ducks , Geese , Turkeys "
Commercial production of poultry or eggs shall include
the operation and facilities for raising or housing ,
at any one time , 2 , 000 head of poultry . ( Rev . lz/26/73 )
' (42 ) "Professional Office"
An office for professions such as physicians , dentists ,
lawyers , architects , engineers , artists , musicians , de-
signers , teachers , realtors , accountants and others ,
' who through training are qualified to perform services
of a professional nature , and where no storage or sale
or merchandise exists .
' (43 ) " Public, Water and Public Sewer Facilities "
Those facilities of a municipality or sanitation dis-
trict approved by the Weld County Health Department
and by the State Department of Health for general pub-
lic use .
(44 ) "Setback"
The distance extending across the full width of the
lot between the front lot line and the nearest line
or point of the building .
(45 ) " Signs for Identification"
Such signs shall refer only to the princinal use of
the lot upon which such signs are located .
' ( 46 ) "Special Uses "
' Special uses include those uses which may have signifi -
cant impact on surrounding uses or may be somewhat con-
trary to the intent of a zone . Before such special use
' permits are issued , a public hearing is reouired . (Rev .
12/26/ 16 )
' ( 47 ) "Street"
Any public or private thoroughfare which affords the
principal means of access to abutting property , and
' including such terms as " Public Right of Way" , "High-
way" , " Road" and "Avenue" .
' ( 48 ) "Structure"
Anything constructed or erected , which renuires loca -
tion on the ground or attached to something having a
location on the ground , but not including fences or
walls used as fences less than six feet in heinht .
poles , lines , cables or other transmittinn or distri -
bution facilities of public utilities .
DEFINITIONS 83
( 49 ) "Temporary Uses "
' Temporary uses include those uses that may be contra -
dictory to the intent of a zone , but will not have
lasting or permanent adverse affect upon or within a
zoning district . They would be allowed only for a
short , set period of time , such time period being
defined by the applicable Sections of this Resolution .
(Rev . 12/26/73 )
( 50 ) " Use "
The purpose for which land or building is designed ,
arranged or intended , or for which either is or may
be occupied or maintained .
' ( 51 ) "Uses Permitted by Right"
uses permitted by right include those uses listed as
such in each zone district . ( Rev . 12/ 26/73 )
( 52 ) "Used Car Lots"
A retail sales area for the sale of automobiles which
are in such condition as to meet all requirements of
the State and County for license and operation .
( 53 ) "Width of Lot"
' The distance parallel to the front lot line measured
between side lot lines through that part of the
' building or structure where the lot is narrowest .
( 54 ) ' Yard"
' An open space other than a court , on a lot , unoccupied
and unobstructed from the ground upward , extent as
otherwise provided in this Resolution .
( 55 ) " Yard , Front"
A yard extending across the full width of the lot be-
tween the front lot line and the nearest line or
point of the building .
( 56 ) "Yard , Rear"
A yard extending across the full width of the lot be-
tween the rear lot line and nearest line or point of
the building .
( 57 ) " Yard , Side"
A yard extending from the front yard to the rear yard
between the side lot line and the nearest line or
point of the building or accessory building attached
thereto .
REPEALS AND ENACTMENT 94
SECTION XIII
' 13 . 1 Repeals
( 1 ) All Resolutions of the County of Weld , inconsistent
herewith to the extent of such inconsistency , and no
further , are hereby repealed .
( 2 ) The repeal of any of the above-mentioned Resolutions
' does not revive any other Resolution or portion there-
of repealed by said Resolution .
( 3 ) Such repeals shall not affect or prevent the prosecution
or punishment of any person for the violation of any
Resolution repealed hereby , for an offense committed
prior to the repeal .
13 . 2 Enactment
( 1 ) Upon approval and adoption of this Resolution , a certi -
fied copy thereof , including all maps herein referred
to , shall be filed as provided by law in the office of
the County Clerk and Recorder of Weld County .
( 2 ) This Resolution shall be in full force and effect after
' its approval and adoption as provided by law .
( 3 ) Approved and adopted this 29th day of May , A . D . 1961 .
THE BOARD OF COUNTY COMMISSIONERS
' OF THE COUNTY OF WELD
' By : ( signed ) Elmer L . Shultz
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' ATTEST :
' ( signed ) Edith N . Flateland
Deputy County Clerk
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