This Section contains regulations that apply to specific uses or classes of uses. Development standards in this code also apply in addition to these use-specific standards unless otherwise stated.

(1)

Adult entertainment (sexually oriented businesses). All adult entertainment establishments shall be subject to the following standards:

a.

No entertainment establishment shall be allowed within one thousand (1,000) feet of a lot or parcel occupied by another adult entertainment establishment.

b.

No entertainment establishment shall be allowed within one thousand (1,000) feet of a lot or parcel occupied by any religious institution, school, park, playground or public building.

c.

No entertainment establishment shall be allowed within one thousand (1,000) feet of any residential zoning district.

d.

The one-thousand-foot separation measurement shall be made in a straight line without regard to intervening structures or objects from the nearest property line of the proposed adult entertainment business establishment to the nearest property of another proposed adult oriented business, residential property, church, park or educational institution.

(2)

Bed and breakfast. All bed and breakfast uses shall be subject to the following standards:

a.

Bed and breakfast uses that are allowed by right shall be subject to Site Plan Review.

b.

Structures shall not be altered in a way that changes their general residential appearance.

c.

A minimum of one (1) parking space shall be provided for each guest bedroom, plus spaces required for the principal residence in accordance with other sections of this code. Additional parking shall be required if reception or party space is available. If four (4) or more off-street parking spaces are provided, visual screening from adjacent residential uses shall be required.

d.

Size limit of two (2) square feet on roads with a speed limit of less than thirty (30) miles per hour. Internally illuminated signs are not allowed. Externally illuminated signs must meet the standards in this code.

e.

No receptions, private parties or similar activities shall be permitted unless expressly approved as part of the Conditional Use Permit or Site Plan application.

f.

No long-term rental shall be permitted. The maximum length of stay shall be thirty (30) days.

g.

All guest rooms shall be located within the principal structure, except when located.

h.

Other than registered guests, no meals shall be served to the general public unless expressly approved as part of the conditional use permit or site plan application. No cooking facilities shall be allowed in the guest rooms.

i.

All bed and breakfast establishments must comply with Weld County Health Department Regulations. Sign-off by the Weld County Health Department is required prior to approval of the conditional use permit or site plan application.

j.

All bed and breakfast establishments shall comply with fire code requirements. Sign-off by the governing Fire District is required prior to approval of the conditional use permit or site plan application.

k.

The following information shall be submitted with the application:

1.

List of property owners and addresses within three hundred (300) feet;

2.

Assessor's map with subject parcel outlined in red;

3.

Site analysis map with site plan;

4.

Narrative explaining proposal; and

5.

Sign detail.

(3)

Reserved.

(4)

Campgrounds. All campgrounds shall be subject to the standards listed below:

a.

Campgrounds shall not be used as permanent residences except for the owner or manager and permanent maintenance personnel.

b.

Towed vehicles within the campground shall not exceed nine (9) feet in width.

c.

Separate camping areas shall be maintained for self-contained motorized units and towed units.

d.

Camping sites shall be a minimum of one thousand two hundred fifty (1,250) square feet and at least twenty-five (25) feet in width. Each overnight campground shall provide a recreational area consisting of one hundred (100) square feet per campground space.

e.

Dust-free surfacing of parking spaces and interior roadways shall be required.

f.

If provided, electric and gas service shall meet all state and local electric and gas regulations. All utilities shall be underground.

g.

Service buildings with restroom and other facilities shall be provided in accordance with Colorado Department of Health standards.

h.

All areas within the campground must have an acceptable form of groundcover to prevent erosion and blowing dust.

i.

One (1) tree of a species suitable for the area shall be provided for each two (2) camping spaces and shall be located in close proximity to those spaces. Existing trees on the site should be used to satisfy this requirement.

j.

Residential areas adjoining the campground shall be screened by a fence or wall with a minimum height of six (6) feet.

k.

Sewage facilities shall be connected to a public sewer collection and treatment system.

l.

At least one (1) public telephone shall be provided.

m.

Interior roadways must comply with Colorado Department of Health standards in addition to the requirements of this land use code.

n.

Walkways within the campground area shall be at least four (4) feet wide, with an all-weather surface.

o.

Streets and walks shall be lighted every four hundred (400) feet.

p.

All trash collection areas shall be screened and protective fencing shall be provided around hazardous areas.

q.

Overnight campgrounds shall provide at least one (1) full-time attendant. A permanent record of registrations must be maintained.

(5)

Electric Power Transmission Lines. Above-ground electric power transmission lines transmitting 115kV or more shall be located so as to:

a.

Avoid passing through, or within one (1) mile of any residential or nonresidential zoning district; wherever possible; and

b.

Avoid being visible on the skyline over any ridge, hill or other natural landform within one (1) mile of the centerlines of Interstate 25, Colorado State Highways 66, WCR 40, WCR 34, WCR 1, Third Street, WCR 9 ½ or WCR 13, wherever possible. This requirement shall not apply if the power line would cross the ridge, hill, or other natural landform at a point where the elevation of the ridge,hill, or landform has an elevation less than fifty (50) feet higher than the elevation of the nearest point on the centerline of the listed road.

(6)

Confined animal feeding operations and feedlots. All feedlots, confined animal feeding operations, animal waste collection systems, and animal waste treatment facilities shall be subject to the standards listed below:

a.

Setbacks and separations. Feedlots, confined animal feeding operations, animal waste collection systems, and animal waste treatment facilities shall not be located within:

1.

One-quarter (¼) mile of an occupied dwelling that is not in common ownership with the feedlot, and was in place at the time the facility is proposed;

2.

One (1) mile of a public or private school (not including dwellings where children are home-schooled);

3.

One-quarter (¼) mile of any water well currently used for domestic purposes;

4.

Two hundred (200) feet of a perennial stream and one hundred (100) feet from a manmade (constructed) drainage ditch owned and maintained by a governmental or quasi-governmental agency, unless it is proved that potential adverse effects to the water quality of the stream can be avoided; or

5.

Is determined due to topography and other anticipated impacts on adjacent properties at the time a conditional use permit is issued, but not less than fifty (50) feet from any property boundary.

b.

Design, operational, and animal waste management requirements. An applicant for a feedlot, confined animal feeding operation, animal waste collection system or animal waste treatment facility shall demonstrate that:

1.

All runoff retention and containment facilities shall meet and be maintained in accordance with the Colorado Department of Public Health and Environment's Confined Animal Feeding Operation Control Regulations (§ CCR 1002-81), and the property owner shall be responsible for any additional requirements issued by the Colorado Department of Public Health and Environment, Water Quality Control Division, or the Weld County Health Department; and all uses on the property shall comply with the Colorado Air Quality Commission's air quality regulations; and

2.

Best management practices shall be used to control rodents and insects; odors from all aspects of the operation; fugitive dust; and liquid, solid and animal wastes to avoid nuisances. In addition, at all times, all equipment and areas of the property shall be constructed and maintained; and adequate means for scraping, grading and clearing the property shall be provided to prevent nuisance conditions.

(7)

Farmer's market/flea market. All farmer's market/flea markets within nonresidential zoning districts shall be subject to the standards listed below:

a.

No booths, stalls or other display areas shall be placed or maintained within any required setback.

b.

Sanitary facilities shall be provided on site.

c.

All items for sale shall be stored indoors (or within an approved screened storage area) or removed from the site at the close of each business day. Farmer's markets/flea markets shall not be open for business in excess of sixteen (16) hours per day.

d.

No items other than those available for retail sale may be stored on the premises unless confined within an approved screened storage area.

(8)

Large construction projects. Any project hauling four thousand five hundred (4,500) tons of material or more within a one-month time frame is subject to the restrictions in Subparagraph a. below.

a.

Restrictions on the use of Town roads may be required by the Town Manager in terms of size of vehicles; allowable hours and days of use; number of vehicles per given time period (i.e., hour, day, week, month); and other conditions necessary to protect the integrity and condition of the Town's roads.

(9)

Group living. All group living facilities shall be subject to the standards listed below (see other sections of this code for further definition of group living.)

a.

Twenty-four (24) hour supervision shall be provided by qualified staff at all group living facilities.

b.

The number of residents occupying a group living facility at any one (1) time, including staff and family of staff, shall not exceed one (1) person per two hundred (200) square feet of living space.

c.

All group living facilities shall be located so as to provide convenient access to grocery and other retail stores and other commercial services, public transportation access points, medical services, emergency services and public recreation facilities.

d.

If active and continuous operations are not carried on for a period of twelve (12) consecutive months in a group home that was approved pursuant to this land use code, the group living facility shall be considered to be abandoned. The use may be reinstated only after obtaining a new conditional use permit approval.

e.

Group living structures shall be compatible with the character of the surrounding neighborhood.

f.

The proposed facility must obtain all state licenses as required pursuant to state statutes.

g.

The facility shall not be located within seven hundred fifty (750) feet of another such facility.

(10)

Hazardous substance users.

a.

No hazardous substance user shall be located:

1.

Further than one-quarter (¼) mile from the nearest right of way line of I-25, or

2.

Where the most direct driving route from the hazardous materials user to the nearest listed highway passes through a residential zoning district. On-farm agricultural chemical users are exempt from this Subsection.

b.

If the use, storage, manufacture or transport of hazardous material is conducted within the Town limits, and its use, storage, manufacture or transport requires EPA approval, the activity requires the approval of the Board of Trustees.

c.

The use, storage, manufacture or transport of hazardous material must be handled so as not to result in emissions to the air, ground or water within the Town limits in violation of EPA standards.

(11)

Junk yards, salvage yards, heavy equipment, industrial and outdoor storage. The standards below shall apply to all junk yards, salvage yards, heavy equipment, industrial and outdoor storage yards unless they are entirely enclosed within a building.

a.

Such uses shall be screened with a solid (100 percent opaque) wall or fence with a minimum height of six (6) feet.

b.

The entire length of the fence or wall shall be landscaped in compliance with the landscape and buffer standards of this land use code.

c.

No outdoor storage area shall be placed or maintained within a required setback.

d.

Stored items shall not project above the fence or wall used to screen the material, unless items are inherently taller than the fence.

e.

It shall be unlawful to store or otherwise have, maintain or allow on a single parcel of land or on contiguous parcels under common ownership, more than one (1) non-farm vehicle not having current Colorado license plates or registration, unless the vehicle is:

1.

In an approved junkyard, auto repair garage, body shop, gas station or other similar use where vehicle storage is permitted; or

2.

Owned by or has been the prior private property of the land owner and is at least one hundred (100) feet from a property line and screened pursuant to this Section so as not to be visible from adjacent properties and public roads.

f.

There shall be no limit on the number of active or serviceable agricultural vehicles on a parcel of land, regardless of whether such vehicles have current registration or license plates.

g.

No motorized vehicle which is inoperable or unlicensed or has been junked, dismantled or wrecked, shall be kept or stored outdoors upon any property used for residential purposes, except as provided in this Section. This prohibition shall include all vehicle parts and inoperable or unlicensed trailers or campers. If said vehicle is a collector's item, as defined by Section 42-15-101, et seq., C.R.S., up to two (2) such vehicles may be maintained outdoors upon a residential property.

1.

To qualify as a collector's item, a vehicle must be at least twenty-five (25) years old or recognized by the Executive Director of the State Department of Revenue as being antique or defined having unique interest or historic value, or be a parts car as defined under Section 42-15-101, et seq., C.R.S. The vehicle must be titled and registered as required under Section 42-15-102, C.R.S. The property owner bears the burden of proving the qualification of a vehicle as a collector's item.

2.

Outdoor storage areas for such vehicles must be maintained in such a manner that they do not constitute a health, safety or fire hazard and are effectively screened from ordinary public view by means of a solid fence, berm, trees, or shrubbery. Tarp covering is not sufficient by itself. Such storage areas shall be kept free of weeds, trash and other objectionable items.

h.

A permanent building containing the principal use on the site is required. Such building shall be served with water, sewer, electricity, and other required services. The building and site shall also comply with architectural, landscaping, and other site plan requirements as defined in this Code.

(12)

Manufactured housing standards. Manufactured housing, as defined in Article XI of this Chapter, is allowed to be located on any single-family lot, provided that the wheels, tongue and mobile chassis are removed and the structure is placed on a permanent foundation. Furthermore, the structure's siding and roof shall be compatible with that on adjacent properties. The placement of manufactured housing on a single-family lot shall conform with the requirements of this Chapter.

(13)

Mining and Extractive Uses. Mining and extractive uses shall be subject to the standards below:

a.

An excavation and rehabilitation plan shall be required for any mining or extractive use.

b.

An excavation permit, if applicable, issued by the State of Colorado in conformance with the Open Mining Land Reclamation Act, shall be required.

c.

Excavation or deposit of overburden shall not be permitted within thirty (30) feet of a boundary of an adjacent property, easement, irrigation ditch or right of way unless by written agreement of the owner of such property, easement, irrigation ditch or right of way.

d.

Excavation within one hundred twenty-five (125) feet of a dwelling unit shall be prohibited unless by written agreement of the owner and occupant of the residence; excavation involving the use of rock crushers, asphalt plant, cement batch plant and other similar equipment within two hundred fifty (250) feet of a dwelling unit shall be prohibited. Town shall be authorized to require the installation of a landscape buffer when necessary to control dust and mitigate other adverse impacts on surrounding areas.

e.

All excavation activities shall be set back at least one hundred (100) feet from road rights of way and the 100-year floodway of any watercourses. The watercourse setback may be varied, based on Colorado Department of Wildlife comments concerning site-specific factors. Existing trees and ground cover along public road frontage and drainageways shall be preserved, maintained and supplemented, if necessary, from the depth of the setback to protect against and reduce noise, dust and erosion.

f.

The operator shall submit a route plan (haul road plan) to the Town and seek permission to use, for haulage, any public right of way which is not designated by the Town of Mead as suitable for such haulage by reason of load limit, dust, right of way or pavement width or other relevant factors. The Town may place reasonable restrictions on such right of way use. Alternative haul routes shall be developed where haul route impacts the health, safety and welfare of the local area.

g.

Haul roads within the premises shall be maintained in a reasonably dust-free condition and shall be contained within the pit (after excavation allows) to the maximum extent feasible. Depending on local conditions, this may include watering, oiling or paving.

h.

Operation shall be limited to the hours of 6:00 a.m. to 7:00 p.m., unless longer or shorter hours of operation are approved as part of the conditional use permit.

i.

The operator shall not excavate, store overburden, or excavate materials or dike in such a manner as to damage public facilities, or increase any drainage or flooding on property not owned by the operator.

j.

Prior to starting excavation, where the operation is adjacent to subdivided or developed commercial, residential or industrial property, fencing may be required to prevent the visibility of the mining operation, and buffering and screening may be required if deemed necessary by the Town Manager, subject to appeal to the Board of Trustees. The operator may fence, buffer or screen the entire parcel, or fence only areas of excavation as it proceeds. None of which shall be removed until rehabilitation has been completed.

k.

Once mining has been completed, the site shall not to be used as an area to stockpile sand or gravel resources, if the operation is adjacent to subdivided property or to developed commercial or residential property. The mining operator is to reclaim those areas as soon as possible.

l.

Operations shall comply with noise, vibration and other standards of the Town of Mead noise standards and noise standards enumerated in Section 25-12-101, C.R.S.

m.

All air emissions shall comply with standards established by the Weld County Health Department, Colorado Department of Public Health and Environment and Colorado Air Quality Control Commission.

n.

All water uses and discharges shall conform to standards established by the State Water Pollution Control Commission and the water laws of the State.

o.

All slopes shall be stabilized and land remaining above the natural water level must be revegetated in a manner compatible with the surrounding area.

p.

A development schedule shall be submitted describing the life span of the plan in years (ranges are acceptable) and, if applicable, the years per phase. Diligence in meeting this schedule is required.

1.

Up to a two (2) year extension may be granted by the Town Manager if a written request is submitted outlining the factors and reasons for the extension.

2.

Requests for extensions up to five (5) years and appeals of the Town Manager's decision will be submitted to the Board of Trustees at a public hearing.

q.

If the use has not operated or, if no material has been extracted within three years of obtaining the conditional use permit, and a request for extension has not been received and approved by the Board of Trustees, the conditional use permit will expire. Extension requests shall provide information concerning the factors and reasons for the request. The Board of Trustees will consider these factors and reasons as well as the extent conditions have changed in the area, if any, in granting extensions.

r.

At the time of conditional use permit review for a proposed mining or extractive use operation, the Board of Trustees shall require that the applicant provide financial assurance adequate to ensure that any structures or roads necessary to mitigate the impacts of the operation on nearby property owners or residents will be constructed at those times stated in any related condition attached to the conditional use permit. Adequate financial security may include a deposit of money, an irrevocable bond or letter of credit backed by a reputable bank or financial institution, as determined by the County, or another form of financial security acceptable to the County. The amount of financial security required shall not exceed one hundred twenty-five percent (125%) of the estimated costs of taking the actions that it secures. The Town Manager shall be authorized to execute a partial release or to reduce the amount of the financial assurance from time to time as required construction or rehabilitation activities are completed. The Town Manager shall release all or any remaining amounts of any financial assurance within thirty (30) days after completion of the last construction or rehabilitation action that the financial assurance secures.

(14)

Multi-Family. Multi-family development shall be subject to site plan review section in the code.

(15)

Religious Assembly.

a.

Parking. No off-street parking shall be permitted within required street setbacks. Off-street parking areas shall be landscaped in accordance with other sections of this code.

b.

Interior Side Setbacks. Principal buildings shall be subject to a minimum side setback of fifteen (15) feet or the interior side setback of the underlying zoning district, whichever is greater. Accessory structures located in the rear half of the parcel shall be set back at least five (5) feet from interior side lot lines.

c.

Parking Area Screening. Off-street parking areas shall be landscaped in accordance with other sections of this code.

d.

Visual Screening of Trash Containers. All trash containers shall be screened from view by a fence or wall with a minimum height of six (6) feet or the height of the container being screened whichever is greater

(16)

Vehicle and Equipment Sales. Vehicle and equipment sales uses (including, automobiles, recreational vehicles, trucks, boats and motorcycles) within nonresidential zoning districts shall be subject to the following standards.

a.

The vehicles shall be located behind a landscaped area at least ten (10) feet wide between property line and display area.

b.

Landscaping shall provide a buffer between the right of way and the vehicle storage area.

c.

No vehicle shall be displayed or stored within a required landscape area.

d.

Not more than one (1) vehicle display pad, which may be elevated up to three (3) feet in height, shall be permitted per one hundred (100) feet of street frontage.

e.

No other materials for sale shall be displayed between the principal structure and the street.

(17)

Waste-Related Use (Used or Waste Tires).

a.

Used or waste tires may only be legally disposed of in a specifically designated landfill or solid waste disposal facility authorized to accept used or waste tires for storage or disposal, provided, however, that no more than fifty (50) used or waste tires may be kept on property in AG zone district (unless accessory to an ensilage pit), and no more than ten (10) used or waste tires may be kept on property in any RSF-E, RSF-l, RSF-4, RMF-8 or RMF-14 zoning district.

b.

Used or waste tires shall not be used to construct fences or any other structures, unless a building permit has been issued by the Town of Mead Building Department for such construction, and said construction is in compliance with the Uniform Building Code as adopted by the Town of Mead.

(18)

Mini-storage warehouse, self-service storage, open-air storage facilities. Enclosed mini-storage warehouse facilities (rental or condominium), self-service storage and/or storage for autos, recreational vehicles (RV), boat and truck storage (indoor or outdoor) shall conform to the following standards.

a.

All self-service storage facilities shall be located in areas with limited development opportunities, such as oil and gas well setbacks, or areas with other physical land constraints that limit the development of structures.

b.

All storage, equipment and refuse areas shall be concealed from view from less intensive land uses, residential areas, abutting public rights-of-way and trails or trail corridors.

c.

All storage facilities shall be concealed through the use of a solid fence or wall that shall not have an uninterrupted length exceeding fifty feet (50'). The maximum height of the fence shall be eight feet (8'). Pilasters, brick, texture transitions and stepping of the fence planes are required. The use of additional landscaping (including plant materials and berming) that provides year-round screening of a sufficient height to further conceal all stored materials is required to prevent visual impacts on neighboring businesses, residential uses and the streetscape.

d.

Storage shall not be permitted within any applicable setback, public right-of-way or in landscaped areas.

e.

A minimum of twenty-five percent (25%) of the site must be maintained in live landscaped area.

f.

A thirty-foot (30') landscaped buffer is required along all perimeter streets if storage is adjacent to the right-of-way.

g.

A minimum five-eighths-inch (⅝") water tap must be purchased to serve the property.

h.

A mechanism for long-term maintenance of all fencing is required (i.e., owners' association or covenants).

i.

Storage facilities shall not be located within a three-mile radius of a legally existing storage facility within the Town of Mead or within another jurisdiction.

j.

All buildings must utilize three (3) different types of building materials resulting in significant variation in the building facades. The building materials used for buildings, roofs, and other structures shall be compatible with the desired character of the zone.

k.

Outdoor loudspeaker systems are prohibited.

(19)

Setbacks from oil and gas wells and production facilities. The following requirements shall apply only to the surface use of land surrounding existing oil and gas wells and production facilities as they relate to the platting of land or development of property within the Town, and shall not be construed as applying to the location of new wells or production facilities within the Town. Oil and gas wells and production facilities are considered to be "existing" if they are physically in place, or a valid OGCC permit for the well and production facilities exists on the date on which a land use application for a preliminary or final plat is filed with the Town, or on the date on which a building permit application is submitted.

a.

When wells are existing, lots and roads shall not be platted within the following distances:

1.

Lots shall not be platted within one hundred fifty (150) feet of an existing oil or gas well or its production facilities, except flowlines or gathering lines.

2.

Streets shall not be platted within seventy-five (75) feet of an existing oil or gas well or its production facilities; provided, however, that streets may cross flowlines or gathering lines at right angles.

3.

Lots and streets may be platted over well and production sites that have been abandoned and reclaimed in accordance with OGCC regulations.

Such platting shall only occur after the completion of the abandonment and reclamation process and receipt by the Town of a copy of an OGCC Well Abandonment Report, Form 6, for the well in question.

b.

When wells are existing, buildings shall not be constructed within the following distances:

1.

Buildings not necessary to the operation of the well shall not be constructed within two hundred (200) feet of any such well.

2.

Any building to be used as a place of assembly, institution or school shall not be constructed within three hundred fifty (350) feet of any well.

c.

When wells are existing, flowlines or gathering lines servicing the wells shall be protected by an easement not less than twenty (20) feet in width, centered on the flow line or gathering line, or such other greater width as shall be sufficient, as determined by the Town, to protect the lines, the adjacent structures and the public from the hazards inherent with such lines and to permit the operator of the line to inspect and maintain the line.

d.

As an alternative to Subparagraph c above, the developer may, subject to a surface use agreement with the operator of the line, relocate the flow line or gathering line to a dedicated easement not less than twenty (20) feet in width centered on the flow line or gathering line, or such other greater width as shall be sufficient, as determined by the Town, to protect the lines, the adjacent structures and the public from the hazards inherent with such lines and to permit the operator of the line to inspect and maintain the line.

e.

As an alternative to Paragraph c above, the developer may, subject to a surface use agreement with the operator of the line, relocate the flow line or gathering line to within public rights-of-way, outside of the street surface. Flowlines or gathering lines relocated within public rights of way shall be encased and buried as provided by 49 CFR Part 192 wherever they pass under a driveway, are crossed by a utility line or cross a street. The relocation of flowlines or gathering lines into public rights-of-way may require additional dedication of rights-of-way to accommodate the lines without interference with public trees, lawn or public utilities.

f.

Lots intended as building sites shall not be platted across a flow line or gathering line easement until such time as the easement is abandoned and the line is removed.

g.

The term of a flow line or gathering line easement shall expire with the abandonment and removal of the line, and the term shall be so noted on any preliminary or final plat of the property containing said easement.

h.

Easements for flowlines or gathering lines crossing land to be dedicated to the public as park or open space shall be so located as to avoid interference with the use of the park or open space by the public, as determined by the Town.

i.

All crossings of municipal streets by a flow line or gathering line shall be at right angles, and the lines shall be encased and buried as provided by 49 CFR Part 192.

j.

All flowlines or gathering lines shall be buried as provided by 49 CFR Part 192.

(Ord. 653 §1, 2009; Ord. 662 §5, 2009; Ord. 687 §3, 2011; Ord. 724 §4, 2013; Ord. 860, §2, 2018; Ord. 936, §12(Exh. A), 2020; Ord. 961, § 2(Exh. A-1), 2021)