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HomeMy WebLinkAbout20151671.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-8 was introduced on first reading on June 8, 2015, and a public hearing and second reading was held on June 29, 2015. A public hearing and final reading was completed on July 20, 2015, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2015-8 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE EFFECTIVE DATE: August 3, 2015 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 24, 2015 PUBLISHED: July 29, 2015, in the Greeley Tribune O2O 7S- 1( 7/ Affidavit of Publication STATE OF COLORADO ss. County of Weld, 1 Kiara K. Garrett of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or NOTICE OF FINAL READING OF ORDINANCE advertisement, of which the annexed is a true copy, Pursuant to Wed County Home Rule Charter Ordinance has been published in said daily newspaper for Nuntber 2015-8 was Introduced on tort reading on,June&,2015. consecutive(days): that the notice was published in and a pu a'61' ring and second reading was held on June 29, 2415_ A pubic)searing and final reading was completed on July the regular and entire issue of every number of said 20,2015.with no change being made to the tent of said Orde nance,and on motion duly made and seconded,was adopted newspaper during the period and time of Effective date of said Ordinance is hated below. Any backup material,exhibits or information previously submitted to tha publication of said notice, and in the newspaper Board of County Commissioners concerning this matter maybe examined in the office of the Clef*to the Board Ot County Com• proper and not in a supplement thereof; that the issfaners,mated wean the Weld County Administration R first publication of said notice was contained in the oitdng,1154 O Street,Greeley,Colorado between the hours of 8.00 a.m.and 5.00 p.m.,Monday thud Friday,or may be ac- Twenty ninth day of July A.D. 2015 and the last Gassed through the Weld County Web Page (www.co.weld.co_us) E-Mail messages sent to an individual publication thereof: in the issue of said newspaper Commissioner may not be included in the case file. To ensure mcluston of your E-Mail correspondsnciv into the case Ire please bearing the date of the send a copy to egesrck'8co:weld co-us. ORDNANCE NO. Twenty-ninth day of July A.D. 2015 that said The 2fl 5-s ORDINANCE TITLE; IN THE MATTER OF REPEALING AND Greeley Tribune h be published continuously REENACT€NG,WITH AMENDMENTS,CHAPTER 23 ZONING, une as been OP THE WELD COUNTY CODE and uninterruptedly during the period of at least six EFFECTIVEFOUN August sISSIO 015 months next prior to the first issue thereof BOARD OF COUNTY COMMISSIONERS WELD COUNTY COI+P.ADO contained said notice or advertisement above DATED July 24,2015 referred to; that said newspaper has been admitted uiy " 20t to the United States mails as second-class matter ,1Uiy i°3,74t�i under the provisions of the Act of March 3, 1879, or any amendments thereof and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. July 29,2015 Total Charles• $7.83 ClOAAJ C+ 29th day of July 2015 My Commission Expires 6/14/17 it‘h)4 Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 MY COMMISSION EXPIRES JUNE 14 2017 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-8 was introduced on first reading on June 8, 2015, and a public hearing and second reading was held on June 29, 2015, with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on July 20, 2015. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 336-7233, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2015-8 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE DATE OF NEXT READING: July 20, 2015, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 2, 2015 PUBLISHED: July 7, 2015, in the Greeley Tribune ******* CHANGES MADE TO CODE ORDINANCE #2015-8 ON SECOND READING Amend Sec. 23-4-870.K to read as follows: K. A statement describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design and location; the need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the structure, including the number and type of antennas it can accommodate. O16/5-/4,--i/ • Affidavit of Publication i • STATE OF COLORADO ss. County of Weld, I Kiara K.Garrett of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter,Ordinance that the same is a daily newspaper of general Number 2015-8 was introduced on first reading on June 8.2015. circulation and printed and published in the City of and a public hearing and second reading was held on June 29, 2015,with changes being made as listed below. A public hear- ing Greeley, lri said county and state;that the notice or t and l reading is scheduled; e Countyhe Administrationd in Chambers of advertisement,of which the annexed is a true copy, the Board,located within the Colorado Build- ing,1150 O Street,Greeley, 80631,on July 20,2015. All persons in any manner interested in the next reading of said has been published in said daily newspaper for Ordinance are requested to attend and may be heard. Please consecutive(days):that the notice was published in contact the Clerk to the Board's Office at phone(970)336-7215, Extension 4225,or fax(970)336-7233,prior to the day of the the regular and entire issue of every number of said hearing it,as a result of a disability,you require reasonablcommodations in order to participate in this hearing. Any back- up material,exhibits or information previously submitted to the newspaper during the period and time of Board of County Commissioners concerning this matter may be publication of said notice, and in the newspaper examined in the office of the Clerk to the Board of County Com- missioners,located within the Weld County AdministrationBuildi urs proper and not in a supplement thereof; that the of 6:0a.m.and 5:00 p.m.,Mondayotthru Friday.or may beorado.between the oac- first publication of said notice was contained in the (www. through the Weld ail me Web Page Seventh day of July A.D. 2015 and the last Commissioner may not be included messages in the e case an individual Commissioner may be in file. To ensure inclusion of your E-Mail correspondence into the case tile,please publication thereof: in the issue of said newspaper send a copy to egesick@co.weld.co.us. bearing the Clete Of the ORDINANCE NO.TITLE: IN-6 Seventh day of July A.D. 2015 that said The ORDINANCE , THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTER 23 ZONING, Greeley Tribune has been published continuously OF THE WELD COUNTY CODE OA D NEXT READING: ISS 20,2015,at 9:00 a.m. and uninterruptedly during the period of at least six BOARD OF COUNTY OOAMISSIONERS months next prior to the first issue thereof WELD COUNTY,COLORADO contained said notice or advertisement above DATED:PUBLISHED:July July 7 7, ,2015.in the Greeley Tribune2,2015 referred to; that said newspaper has been admitted CHANGES MADE TO CODE ORDINANCE#2015-8 ON SEC- to the United States mails as second-class matter OND READING under the provisions of the Act of March 3, 1879, Amend Sec.23-4-870.K to read as follows:K.A statement describing the TELECOMMUNICATION FACILI- or any amendments thereof; and that said TY and the technical need and other reasons for its design and newspaper is a daily newspaper duly qualified for location,the need for the TELECOMMUNICATION FACILITY and its role in the network;and thecapacity ac of the structure, to publishing legal notices and advertisements within The ing the number and type the meaning of the laws of the State of Colorado. Tribune >,,: an Juiy 7,2015 July 7,2015 Total Charges: $12.11 7th day of July 2015 My Commission Expires 6/14/17 1 Notary Public ili ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO N; NOTARY ID 20014019494 MY COMMISSION EXPIRES JUNE 14,2017 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-8 published below, was introduced and, on motion duly made and seconded, approved upon first reading on June 8, 2015, A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on June 29, 2015. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 336-7233, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2015-8 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE DATE OF NEXT READING: June 29, 2015, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 12, 2015 PUBLISHED: June 17, 2015, in the Greeley Tribune WELD COUNTY CODE ORDINANCE 2015-8 T CHAPTER 23 OF REPEALING AND REENACTING, WITH AMENDMENTS,IN THE MATTER E G , ZONING, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld ol5/G7/ County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 23 ZONING Amend Sec. 23-4-805. Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: CELL ON WHEELS (COW): A portable mobile cellular site that provides temporary (up to 1 year) of network and wireless coverage to locations where cellular coverage is minimal or compromised. Remainder of Section —No change. Amend Sec. 23-4-830. Standards for Telecommunication Antenna Towers. A and B— No change. C. In addition to meeting the Use by Special Review standards set forth in Article II, Division 5 of this Chapter or the Zoning Permit for Telecommunication antenna tower permit application requirements set forth in Section 23-4-870, the applicant shall submit documentation addressing the following standards: I!, 1. Existing or approved TELECOMMUNICATION ANTENNA TOWERS cannot accommodate the telecommunications equipment planned for the proposed TELECOMMUNICATION ANTENNA TOWER. 2. The TELECOMMUNICATION ANTENNA TOWER shall not constitute a hazard to aircraft. 3. The TELECOMMUNICATION ANTENNA TOWER shall be placed on the property to contain on site all ice-fall or debris from TELECOMMUNICATION ANTENNA TOWER failure. 4. The proposed TELECOMMUNICATION ANTENNA TOWER shall be designed and provide for CO-LOCATION. The applicant may provide written justification and evidence why CO-LOCATION is not possible. The Board of County Commissioners may revoke permits or other administrative approvals if conditions for approval of a TELECOMMUNICATION ANTENNA TOWER includes CO-LOCATION, but: a. The TELECOMMUNICATION ANTENNA TOWER owner is not willing to provide space for other carriers at a fair market rate when it would not impair the structural integrity of the TELECOMMUNICATION ANTENNA TOWER or cause interference. b. The TELECOMMUNICATION ANTENNA TOWER owner modifies the structure in a way to make CO-LOCATION impractical or impossible. c. If approval is revoked, the facility must be removed at the owner's expense. 5 through 13— No change. D. TELECOMMUNICATION ANTENNA TOWER and Equipment Setbacks. 1. TELECOMMUNICATION ANTENNAS, ATTACHED and other appurtenances may encroach up to two (2) feet into the minimum building setbacks in the underlying zoning district but must not extend over property lines. 2. Minimum setbacks for TELECOMMUNICATION ANTENNAS, CONCEALED are the same as the minimum building setbacks in the underlying zoning district. 3. Minimum setbacks for TELECOMMUNICATION ANTENNA TOWERS are as follows: a. From property lines of properties in the A, C, I and PUD (with Commercial or Industrial uses) zones: one-hundred percent (100%) of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than minimum building setbacks and offsets in the underlying zone district. b. From subdivision exemption boundaries for temporary use of a parcel for Telecommunication Antenna Tower Facilities in the A, C, I and PUD (with Commercial or Industrial uses) zones: one-hundred percent (100%) of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than minimum building offsets in the underlying zone district unless evidence of a recorded easement granted by the underlying property owner, which allows for the fall of the tower onto the burdened property is provided. As an alternative, the applicant can provide stamped documentation from an engineer demonstrating that the tower and debris will fall completely within the boundary of the subdivision exemption. 4. Guy wires and equipment buildings and cabinets. No part of the TELECOMMUNICATION ANTENNA TOWER system, including any guy wire anchors, shall extend closer to the property boundary than minimum building setbacks and offsets in the underlying zone district. E. Equipment Design. 1 through 4— No changes. 5. The maximum permissible noise level shall adhere to the maximum permissible noise levels allowed in the underlying zone district as delineated in Chapter 14, Article IX of this Code. F. Base or Accessory Site Design. 1. If determined to be required by either the Director of the Department of Planning Services or the Weld County Board of Commissioners in the course of processing a Zoning Permit for a Telecommunication Antenna Tower Facility or Use by Special Review Permit, screening and landscaping appropriate to the context of the site and in harmony with the character of the surrounding environment may be installed when any part of the facility is visible from public rights-of-way or adjacent properties. 2 through 4— No changes. G. Abandonment. If the Use by Special Review has not commenced within three (3) years from the date of approval, or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive or abandoned. The COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the use. If the use is revoked, it shall be necessary to follow the procedures and requirements of this Division in order to reestablish any subsequent Use by Right or Use by Special Review. Upon the determination that the use has been abandoned, the facility owner has ninety (90) days to re-use the facility or transfer the facility to another owner who will re-use it or remove the facility. Evidence of such shall be provided, in writing, to the Department of Planning Services. 1. Removal of abandoned TELECOMMUNICATION ANTENNA TOWERS shall be addressed in all lease agreements and shall specifically address the duties and obligations of the lessee and its assigns as well as the property owner regarding the removal of TELECOMMUNICATION ANTENNA TOWERS deemed by the County to be abandoned. 2. If required by the Director of Planning Services or the Board of County Commissioners, the applicant or owner shall submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy on collateral for improvements. The agreement shall be approved by the Board of County Commissioners prior to commencement of operations, as applicable. Amend Sec. 23-4-840.Supplemental Use by Special Review Permit application requirements for Telecommunication Antenna Towers. A. Application Contents. In addition to requirements outlined in Article II, Divisions 3 through 5 of this Chapter, applications for administrative or Use by Special Review approval of proposed TELECOMMUNICATION FACILITIES, and additions or modifications to existing facilities, must include the following: 1 through 3— No changes. 4. If required by the Department of Planning Services, photo-realistic renderings (photosyms) of the site after construction, demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding visual environment. The Department of Planning Services may request photo-realistic renderings of the site from specific vantage points. 5. A report describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design, height and location; the need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the structure, including the number and type of antennas it can accommodate. 6. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or equivalent), if the facility is located near an airport or a flight path. 7. If landscaping/screening is required by the Department of Planning Services the applicant is responsible for landscaping, screening, site maintenance and the replacement of dead plant material. 8. A schedule for the installation of landscaping and screening, if applicable. 9. A letter of intent to allow CO-LOCATION on the TELECOMMUNICATION ANTENNA TOWER. The applicant may provide written justification and evidence why co-location is not possible. Remainder of section - No changes. Amend Sec. 23-4-870. Zoning Permit for Telecommunication Antenna Tower permit application requirements. An application for a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER shall include the following: A through I — No change. J. If required by the Department of Planning Services, photo-realistic renderings (photosyms) of the site after construction, demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding visual environment. The Department of Planning Services may request photo-realistic renderings of the site from specific vantage points. K. A report describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design and location; the need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the structure, including the number and type of antennas it can accommodate. L. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or equivalent), if the facility is located near an airport or a flight path. M. A schedule for the installation of landscaping and screening, if applicable. N. If landscaping/screening is required by the Department of Planning Services, the applicant is responsible for landscaping, screening, site maintenance and the replacement of dead plant material. O. A letter of intent to allow CO-LOCATION on the TELECOMMUNICATION ANTENNA TOWER. The applicant may provide written justification and evidence why co-location is not possible. P. A letter of intent or lease agreement statement which addresses removal of the facility at the expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned. The applicant or owner may also be required to submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operation, as applicable. The Department of Planning Services may request additional copies of any submittal item for review by other agencies. Q. A map indicating the service area/radius of the proposed TELECOMMUNICATION ANTENNA TOWER in addition to the service area/radius of other existing TELECOMMUNICATION ANTENNA TOWERS within ten (10) miles of the proposed TELECOMMUNICATION ANTENNA TOWER location. R. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed TELECOMMUNICATION FACILITY by a provider must include a detailed inventory of all the provider's existing and approved TELECOMMUNICATION FACILITIES within the County, all incorporated areas within the County, and one (1) mile beyond the County border, including Wyoming. S. An application fee. T. A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five-hundred (500) feet of the property lines of the parcel on which the TELECOMMUNICATION ANTENNA TOWER shall be placed. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. Delete L. U. A letter of intent or lease agreement statement which addresses removal of the TELECOMMUNICATION FACILITY at the expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned. The applicant or owner may also be required to submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operations, as applicable. The Department of Planning Services may request additional copies of any submittal item for review by other agencies. Add Sec. 23-4-892. Addition of Equipment on Existing Telecommunication Tower Facilities. A. Addition of equipment onto existing Telecommunication Tower facilities (including existing nonconforming antenna tower facilities) shall not require a new or amended Use by Special Review Permit, Site Plan Review or Zoning Permit for a Telecommunication for Antenna Tower if the tower height remains unchanged, the coverage area and communication reception for existing facilities are not impacted, and the area occupied by the Telecommunications tower and accessory equipment does not expand. B. Other additions of equipment onto existing Telecommunication Tower facilities (including existing nonconforming antenna tower facilities) that extend the tower height and/or expand the area occupied by the tower and/or accessory equipment shall be reviewed by the Department of Planning Services Staff to determine whether or not a new or amended Use by Special Review (USR) will be required or a new Zoning Permit for a Telecommunication Antenna Tower Facility (ZPTT) will be required. Add Sec. 23-4-894. Subdivision Exemptions for Changes to Existing Telecommunication Tower Facilities. A. A new or amended Subdivision Exemption is not required if not expanding ground area of the Telecommunication Tower site or if not extending the height of tower and the coverage area and communication reception for existing facilities are not impacted. Subdivision Exemption requirements are delineated in Chapter 24, Section VIII of the Weld County Code. Add Sec. 23-4-896. Cell on Wheels (COW). A. Any CELL ON WHEELS (COW) facility must be approved by the Board of County Commissioners prior to placement. COW facilities are not considered to be permanent uses and may be allowed by the Board of County Commissioners to remain on a site for a period not to exceed one (1) year. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Kiara K.Garrett of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, lthat the same is a daily newspaper of general circulation and printed and published in the City of Greeley,in said county and state;that the notice or advertisement,of which the annexed is a true copy, has been,published in said daily newspaper for consecutive(days):that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Seventeenth day of June A.D. 2015 and the last publication thereof: in the issue of said newspaper bearing the date of the Seventeenth day of June A.D.2011 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. June 17,2015 Total Charges: $108.00 601UL kl Ciaiffti-- 17th day of June 2015 My Commission Expires 6/14/17 /?"‘t'# -. Notary Public 9T dF MY 14,2017 ry NOTICE OF 3.Minimum setbacks for TELECOMMUNICATION ANTENNA TOWERS are as lot TELECOMMUNICATION FACILITY and its role in the network;and the capacity of the FIRST READING OF ORDINANCE lows: structure.including the number and type of antennas it can accommodate. tome Weld County Home Rule Charter,Ordharoe Number 20154 pub- a.From property lines of properties in the A,C,land PUD(with Commercial or L. The FAA response to the Notice of Proposed Construction or Alteration(FAA Form Pursuant su below,was Co introduced and,h motion duly made and Numb seconded,approved Industrial uses)zones:one-hundred percent(100%)of the TELECOMMUNICATION 7450-1 or equivalent),if the facility k located near n airport or a flight path. upon first be reading on June S,2015,Ambit hearing and not sec reading k shed- ANTENNA TOER HEIGHT but not less than minimum building setbacks and offsets in the underlying zone district. M. A schedule for the installation of landscaping and screening,if applicable. Wed to be held in the Chambers of the Board,located within the Weld County Administration Building,1150 0 Street,Greeley,Colorado 80631,on June 29,2015. b. From subdivision exemption boundaries for temporary use of a parcel for N. If lan is aping/screening k required by the Department of Planning the replace- to the All persons in any manner interested in the reading d saki Board.; are requested Telecommunication Antenna Tower Facilities in the A.C,I and PUD(with app5cam k responsible for landscaping,screening,site maintenance and the replace• to attend and may be heard. Please contact the Clerk to the Board;office at phone Cmmercki or Industrial tow zones:one-hundred percent(100%)of the ment of dead plant material. (970)336-7215,extension 4225,or fax(970)335.7233,prior to the day of the hear- TELECOMMUNICATIONANTENNA TOWER HEIGHT but not less than minimum Ng if,as the result of a disability,you require reasonable accommodations In order building offsets In the undo hg zone districtunless evidence of a recorded ease- 0. A letter of intent to allow CO-LOCATION on the TELECOMMUNICATION tAr�yywrittenjustification and evidence s participate in Boardff hearing. Any backup sio material,s concerningexhibits information may be eusy mama the burdenedebd by the operyyisp eroded. Mner,alternative,er allows for the fall of can provide tower ANTENNA TOWER. The applicant may provide why examined to the e d County CmmWbnd of CotyCommissioners, matter a documentation property k an provided.engineer d mnstrtgthe a tower i co•bcatbn k mot poeeEk. examinee the Count d the Clera t the raced 150 00 reemmke ley,Colorado,borate, stamped letey within th fbo u eta y subdivision that the tower and debris willofwithin the Weld Administration p.m., 1 Monday 0 thruStr Fr i Greeley,maybe fall dothPietey'within the boundary of the exemption. faP.A yl at the expense intp or lease agreement MUNICHstatemen ION F addresses s removal the between the hours of SOD a.m.and 6:00 p.m., Friday,or be facility at of the TELECOMMUNICATION FACILITY sober property accessed through the Weld Cou y Web Page(www.co.wea.co.us). E-Mail mss- 4.Guy wires and equipment buildings and cabinets. No part of the owner r it k deemed abandoned. The aDPecant or owner may also be required to sages sent to an individual Commissioner may not be included in the case file. To TELECOMMUNICATION ANTENNA TOWER system,including any guy wire anchors, submit an kprovements Agreement agreeing to remove the as shown ensure inclusion of yourE-Man correspondence into the case file,please send a copy shall extend closer toboundary the property than minimum building setbacks and off- in the application,plans,Plat and other supporting doctrnents The�haa tent shall to egeskkOco.weki.co.us. sets in the underlying zone district. be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commence- ORDINANCE NO. 2015$ E.Equipment Design. ment of Departmentoperation,as applicable. The of Planning Senrices may request ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING,WITH additional copies of any submittal item for review by other agencies. AMENDMENTS,CHAPTER 23 ZONING,OF THE WELD COUNTY CODE 1 through 4—No changes. DATE OF NEXT READING: June 29,2015,at 9:00 a.m. 0. A map indicating the service area/mdue of the proposed TELECOMMUNICATION BOARD OF COUNTY COMMISSIONERS 5.The maximum remissible noise level shall adhere to the maximum permissible ANTENNA TOWER in addition to the service area/radue of other existing noise levels allowed in the underlying zone district as delineated in Chapter 14,Mice TELECOMMUNICATION ANTENNA TOWERS within ten(10)miles of the proposed WELD COUNTY COLORADO IX of this Code. TELECOMMUNICATION ANTENNA TOWER location. DATED: June 1Z 2015 PUBLISHED: June 17,2015,in the Greeley Tribune F.Base or Accessory Site Design. R. TELECOMMUNICATION FACILITY Inventory. The first wplication for a proposed TELECOMMUNICATION FACILITY by a provider must inck a detailed inventory of WELD COUNTY 1.If determined to be required by either the Director of the Department of Planning all the providers existing and approved TELECOMMUNICATION FACILITIES within CODE ORDINANCE 20154 Services or the Weld County Board of Commissioners in the course of processing the County,all incorporated areas within the County,and one(1)mile beyond the a Zoning Permit for a Telecommunication Antenna Tower Facility or Use by Special County border,including Wyoming. IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS, Reviem with it• hg and the landscapingappropriate t n context the site and CHAPTER 23 ZONING,OF THE WELD COUNTY CODE a harmony f the vcharacter sibof surrounding environmentayor may be installed when S.An application fee. any part of the facility k visible from public rights-of-way or adjacent properties. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE T.A certified list of the names,addresses and the corresponding Parcel surface n 2 through 4—No changes. Number assigned by the Assessor of the owners of properly(the surface COUNTY OF WELD,STATE OF COLORADO: estate)within five-hundred( feet of the property Ines d the parcel on which the WHEREAS,the Board of County Camtssoners of the County of Wea,State of G.Abandonment. TELECOMMUNICATIONtherecords NA TOWEs shoraann onesd. s update from such Colorado,pursuant to Colorado statute and the Weld Co Home Rule Charter,Islist shall be t the records of the County d from such re ownership uPhe a t tth vested with the authority of administering the affairs of Well County,Colorado,and o the Use approval,or Special discontinued has not commenced within three(3)consecutive years,from the date Countyabst Cl rkand company or der. If derived from records from or fromthe records theofCounty the ofpresumed is r for a period of three(3) teanna it ive be sss Assessor, and Recorsha. If the list was list assembled l records of the 30) WHEREAS,the Board of Commissioners,on December 28,2000,adopted hg t inactive consider whether to abandoned. The COUNTY shall an commence to u e or wokehear- ys of tin the rtiont shall cemny the euucih Nat urea assembbd within they(30) Wea b1y Code Ord ance 2000.1,enacting a comprehensive Code for the County t'e u . Ifus to lid, anshal Lena ec d aryso fllwtinr the use or revoke days d the appreatbn submission date. of Weld? idkg the codification of all previously adopted ordinances of a general the ire. If s use is revoked,it order to reestablish ne als n subs mu Procee by and requirement;d the DiviaUp n hed manon t t subsequent ilea Right or Delete L and permanent nature enacted on or before said date of adoption,and t e Special Review. y(9 )the determination that he use has been abandoned, WHEREAS,the Wea County Code is in need of revision and clarification with regard the facility herowner has ninety(80)days to re-use h the facility or transfer the hall b to T.A of intent or lease agnomen tshe which TELECOMMUNICATION removal Af the to procedures,terms,and requirements therein. another,inowns who will re-use it or remove the tServy. Evidence of such shall be pro- TELECOMMUNICATION pro FAGLrTV at the eaab of the d. The applicant or owner vied, writing,to the Department of Planning Services. also and/or properly owner if it k deemed abandoned.eeme age eing to r mov NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners d may also be improvements as shown wn in lie ahpl tionna plans,s - nt egreers b remove the County o Wea,Sate of Colorado,that certain exist Chapters of the Wea a.Remove of abea agreements T and sNICATNN ANTENNA TOWERS slat be the um nts. T e halebemade application, Pat and other County ppadkq Code be,and hereby are,repealed and re-enacted,with amendments,and addressed in all lease lessee and as si specificallytheproperty ro ertys wn rdreg and regarding The agreement shall in shall be&conformance o with the rd_foriuy Countyvarious removal TELECOMMUNICATION the and its ANTENNA TOWERS the r owner regarding the Commissioners collateral to commencement and of Melt ati ns,aval li IM Bost D CoumY the Chapters are revised to read as follows. re ;ban of deemed by the County to Commleing Services er prior op pies any submittal The Deparlw by CHAPTER 23 be abandoned. of dher s may request additional copies of item for review by ZONING 2.If required by the Director of Planning Services or the Board of County Commissioners,the applicant or owner shall submit an Improvements Agreement Add Sec.23.4$92. Addition of Equipment on ExistingTelecommunication Tower Amend Sec.23-4-805. Definitions. For the purposes o this Chapter.certain terms or words used herein shall be Inter- ogredp to remove the improvementsdocuments. r e e shown in the application,inn plat ith, .Addition Facilities. prated as defined in this Section. The following specific words and phrases,when otheru supporting collateraln The agreement ts. be agreement r made h conformance with A.Addition of ncon m g antenna existing W Telecommunication eli Tower Sedans(or appearing h this Chapter in uppercase letters,shall have the meani stated h this the County policy u ty Commissioners improvements.c m e ncem n t of shall be approved am a amended q a Special l owe lie Pan)Rearnot liquid a new a by the ble. of County prior to commencement operations,as Tecmuni by Spor Antenna Review owrm,See Pan Review a Zos un Pamir fa e Sedan: applbable. Teleccge ea for tion Tower r the tower height remains are not Smarted, a the CELL ON WHEELS(COW): Aportable mobile cellular site that provides temporaryancoverage area a and occocupied byunb reception for Telecommunications tower land accessory yt hgpment Amend Sec.23.4-540.Supplertenal Use by Special Review Permit application and the area occupbd by the and equipment (up to 1 year)of network and wmeless coverage to locations where cellWar coverage requirements for Telecommunication Antenna Towers. does not expand. k minimal or compromised. A.Application Contents. In addition to requirements outlined in Article II,Divisions 3 Remainder of Section—No change. through 5 of this Chapter,applications for administrative or Use by Special Review B.Other additions of equipment onto existing Telecommunication Tower facilities approval of proposed TELECOMMUNICATION FACILITIES,and additions or nodal- (including existing nonconforming antenna tower fates)that extend the tower height 4$30. Standards for Telecommunication Antenna Towers. cations to existing facilities,must include the following: and/or expand the area occupied by the tower ardor accessory equipment shall be Amend Sec.234-830. 1 through 3—No changes. reviewed by the Departure t of Planning Services Staff to determine whether or not A and B—No change. a new or amended Use by Special Review(USR) e required or will�required. Zoning C.In addition to meeting the Use by Special Review standards set forth in Article 11, Permit for a Telecommunication Antenna Tower Facility(ZPTT) Division 5 of this Chapter or the Zoning Permit for Telecommunication antenna tower 4.r required by the Department tenant of Planning d Services,ist g the true inn act of the permit application requirements set forth in Section 23-4-870,the applicant shall sub- 'TELE OM U the site after FACILITY on the u Ben knead of the Add Sec.23-4-894.Tower Facilities. ion Exemptions for Changes to Existing Mt documentation eQ reakp the following standards: DepaCOMMUNIC e Yon the surrounding st p visual aMron ofthe The A.A nunb end Tower o ado of Planning Services may request ptoto•realietb renderings of site area or amended ni tion T er site f not xtend r not expaoft ground 1.Existing or approved TELECOMMUNICATION ANTENNA TOWERS can- from specific vantage points. of the Telecommunication communication Tower site or c not extending frx the I n of tower not accommodate the telecommunications equipment planned for the proposedand the coverage. Sudiarea and eats are for existing f are not TELECOMMUNICATION ANTENNA TOWER. 5.cal report describing the s for oECOMMU design,height FACILIT and te tF VI�the Se d oust Exemption requlertents are dNkssed Tn Chapter 24,Sedan need aM TELECOMMUNICATION Cr reasons FACILITY itT urole andnetwork; location;the need for the VIII of the Weld County Code. 2.The TELECOMMUNICATION ANTENNA TOWER shall not constitute a hazard to then m r and of role in the network;and the t capacity of the structure,including the number and type of antennas it con atxxnrrmodate. A.A Any C. N Cell on Wheels(COW). aircraft. A. CELL ON WHEELS(COW)facility must be approved by the Board of County 3.The ANTENNA TOWER shall be placed on the property 6.The FM response to the Notice of Proposed Construction or Alteration(FAA FOOT Commissioners prior to placement. COW facilities are not considered to be perms- 3.contain TELECOMMUNICATION site eN or debris from TELECOMMUNICATION U be placed ANTENNA 7460-1 or equivalent),t the facility is located near an airport or a flight path. nem uses and may be allowed by the Board of County Commissioners to remain on a amore. all site for a period not to exceed one(1)year. TOWER 7.If ianndscapingracreenirp is required by the Department of Planning Services the 4.The proposed TELECOMMUNICATION ANTENNA TOWER shall be designed ment k responsible for landscaping,Screening,Site maintenance and the replace- BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be,and hereby and provide for CO-LOCATION. The applicant may provae written justtkst(m and hem of dead plant materiel. C,directed t melange for i ed he ein, . cito with t s Weld County evidence why CO-LOCATION is not possible. The Board of County CommissionersCode s, the an b tnea thhe to kie wit chapters, de;articles, may revoke permits or other administrative approvals t conditions for approval of a 8.A schedule for the installation of landscaping and screening,t applicable. di sections,and subsections sregardingas they currently exist grammar,and Comb;andor TELECOMMUNICATION ANTENNA TOWER includes CO-LOCATION,but: to resolve any chapters,estancles divisions, capitalization, andin said Code. 9.A letter of intent to allow CO-LOCATION on the TELECOMMUNICATION placement of articles, sections,and subsections a.The TELECOMMUNICATION ANTENNA TOWER owner is not willing to provide ANTENNA TOWER. The applicant may provide written justification and evidence why byany graph apace for other carriers at a fair market rate when it would not impair the structural co-location k not possible. sseente ccee,�clause,Oorr pDhrraseDof thisOrdinancean for any reason subsection, decided de to be integrity of the TELECOMMUNICATION ANTENNA TOWER or cause interference. Remainder of section-No changes. u constbdbnal,such decision shall not affect the validity of the remaining portions b.The TELECOMMUNICATION ANTENNA TOWER owner modifies the structure in ahereof. The Brand County n srs hereby declares that it paragraph,pu have way to make CO-LOCATION Impractical or impossible. Amend Sec.23-4-870. Zoning Permit for Telecommunication Antenna Tower permit enacted se. this phrase ra thereof e in each and every section. any subsection, sentence, application requirements. clause,and Irrespective of the fact that any one or more sections, c.If approval is revoked,the facility must be removed at the owners expense. An application for a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER subsections,paragraphs,sentences,clauses,or phrases might be declared to be shall include the following: unconstitutional or invalid. 5 through 13-No change. A through I-No change. The Tribune D.TELECOMMUNICATION ANTENNA TOWER and Equipment Setbacks. June 17,2015 J. If required by the t Department tr Planning Services, the true ruelimp renderings 1.TELECOMMUNICATION ANTENNAS,ATTACHED and other appurtenances may )of the site after construction,demonstrating the impact of the encroach up to two(2)feet into the minimum building setbacks h the underlying zo - 'epaCOMM Planning rvices may q ess photo-realistic to-r visual environment.of The ing district but must not extend over property lines. Department vantage p rots. request renderings of the see from specific ports. .Minimum i as nt m wetbacks for TEL ECe MMU in the OndeANTENNAS, mr Sg CONCEALED are the K. A report describing the TELECOMMUNICATION FACILITY and the tech- same district. nkal need and other reasons for its design and location;the need for the NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission and the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. A Second and Third reading of said Ordinance will be considered on June 29, 2015, and July 20, 2015. The complete case file may be examined by calling the Department of Planning Services at (970) 353-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of County Commissioners, Weld County Administration Building , 1150 O Street, Greeley, Colorado 80631 . E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. For inclusion of any correspondence prior to the Board of Commissioners hearing E-mail egesick@co.weld.co.us. If a court reporter is desired for either hearing, please advise the Department of Planning Services or the Clerk to the Board's Office, in writing , at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act. if special accommodations are required in order for you to participate in this hearing . please contact the Department of Planning Services at (970) 353-6100 Ext. 3519, or the Clerk to the Board's Office at (970) 336-7215, Ext. 4226, prior to the day of the hearing . All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. DOCKET #: 2015-62 PLANNING COMMISSION DATE: May 19, 2015 TIME : 1 : 30 p. m . BOARD OF COMMISSIONERS DATE: June 8, 2015 TIME : 9: 00 a. m. CASE NUMBER: ORDINANCE 2015-8 PRESENTED BY: MICHELLE MARTIN REQUEST: IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE. PLANNING COMMISSION WELD COUNTY, COLORADO DATED : May 1 , 2015 PUBLISHED : May 6, 2015, in the Greeley Tribune 2015- 1671 Affidavit of Publication STATE OF COLORADO SS. County of Weld, I Kiara Garrett of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, Ithat the same is a daily newspaper of general NOTICE circulation and printed and published in the City of Greeley, in said county and state; that the notice or Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld advertisement, of which the annexed is a true copy, County Planning Commission and the Board of County Commis- sioners in the Hearing Room, Weld County Administration has been published in said daily newspaper for Building, 1150 O Street, Greeley, Colorado, at the times speci- fied below. A Second and Third reading of said Ordinance will consecutive (days): that the notice was published in be considered on June 29, 2015, and July 20. 2015. the regular and entire issue of every number of said The complete case file may be examined by calling the Depart- $ ment of Planning Sell/It:438 at (970) 353-6100 to make arrange- mantanewspaperperiod with the case planner, or at the office of the Clerk to the during Board of County Commissioners. Weld County Administration of said notice, and in the newspaper Building, 1150 O Street, Greeley, Colorado 80631. E-Mail mes- publication sages sent to an individual Commissioner may not be included in proper and not in a supplement thereof; that the the case file. To ensure inclusion at your E-Mail correspondence into the case file prior to the Planning Commission hearing, first publication of said notice was contained in the please call the Department of Planning Services to obtain the appropriate contact information. For inclusion of any correspon- Sixth day of May A.D. 2015 and the last dance prior to the Board of Commissioners hearing E-mail ege- sickQco.wetd.co.us. publication thereof: in the issue of said newspaper If a court reporter is desired for either hearing, please advise the Department of Planning Services or the Clerk to the Board's Of- bearing the date of the five, In writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. Sixth day of May A.D. 2015 that said The In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in Greeley Tribune has been published continuously this hearing, please contact the Department of Planning Servic- es at (970) 353 6100 Ext. 3519. or the Clerk to the Board's Of- and uninterruptedly during the period of at least six lice at (970) 336.7215, Ext. 4226. prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of months next prior to the first issue thereof County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Ser- contained said notice or advertisement above vices or the Clerk to the Board's Office at the numbers above, for referred to; that said newspaper has been admitted DOCKET 4: 2015-62 hearing f d continuance information.PLANNING COMMISSION DATE: May 19, 2015 to the United States mails as second-class matter TIME: 1:30 p.m.BOARD OF COMMISSIONERS DATE: June B. 2015 under the provisions of the Act of March 3,1879, or TIME: 9:00 a.m. any amendments thereof; and that said newspaper CASE NUMBER: ORDINANCE 2015.8 PRESENTED BY: MICHELLE MARTIN is a daily newspaper duly qualified for publishing REQUEST: IN THE MATTER OF REPEALING AND REEN- ACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF legal notices and advertisements within the THE WELD COUNTY CODE. PLANNING COMMISSION meaning of the laws of the State of Colorado. WELD COUNTY. COLORADO DATED: May 1. 2015 The Tribune Mav 6. 2015 May 6. 2015 Total Charges: $ 11 .58 KLcAccKCwt 6th day of May 2015 My Commission Expires 6/14/2017 Zik Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 MY COMMISSION EXPIRES JUNE 14, 2017 Hello