The regulations contained herein shall be known and cited as the Weld County Zoning Ordinance.

The County is authorized by law to regulate zoning, planning, SUBDIVISION of land, and BUILDINGS by virtue of Section 30-28-101, et seq., C.R.S.; to regulate certain activities on and USES of land by Section 29-20-101, et seq., C.R.S.; to designate and administer areas and activities of state interest by Section 24-65.1-101, et seq., C.R.S.; to regulate PLANNED UNIT DEVELOPMENTS by Section 24-67-101, et seq., C.R.S.; to establish the point at which statutory vesting occurs pursuant to Section 24-68-101, et seq., C.R.S.; and to exercise the powers of a Board of Health to adopt rules and regulations pursuant to Section 25-1-508(5)(g), C.R.S. In addition, the COUNTY is authorized to regulate zoning, planning, SUBDIVISION of land, and BUILDINGS by virtue of the Home Rule Charter. Should further authorizing legislation exist or be enacted, this Chapter is additionally deemed to be enacted pursuant thereto, except to the extent it may be inconsistent therewith.

(Weld County Code Ordinance 2019-02)

This Chapter shall apply to all PUBLIC and private lands situated within the unincorporated portions of the COUNTY, over which the County has jurisdiction under the Constitutions and laws of the State of Colorado and of the United States of America.

A.

The purpose of this Chapter is to provide a unified regulatory system for land USE in the County. This Chapter is designed to promote the health, safety, convenience, morals, order and welfare of the present and future inhabitants of the COUNTY. The present and future inhabitants of the COUNTY will be benefited through:

1.

Lessening congestion in the STREETS or roads or reducing the waste caused by excessive amounts of roads.

2.

Securing safety from fire, FLOOD waters and other dangers.

3.

Providing adequate light and air.

4.

Classification of land USES and distribution of land DEVELOPMENT and utilization.

5.

Protecting the tax base of the COUNTY.

6.

Securing economy in governmental expenditures.

7.

Fostering the COUNTY'S agricultural, business, MINING and other economic bases.

8.

Protecting both urban and nonurban DEVELOPMENT.

9.

Conserving the value of property.

10.

Encouraging the most appropriate USE of land.

B.

This Chapter is further intended to protect the public health, safety and welfare by:

1.

Regulating activities and DEVELOPMENT in hazardous areas.

2.

Protecting lands from activities which would cause immediate or foreseeable material danger to significant wildlife habitat and would endanger a wildlife species.

3.

Preserving areas of historical and archaeological importance.

4.

Regulating, with respect to the establishment of, roads on public lands administered by the federal government; this authority includes authority to prohibit, set conditions for or require a permit for the establishment of any road authorized under the general right-of-way granted to the public by 43 U.S.C. 932 (R.S. 2447) but does not include authority to prohibit, set conditions for or require a permit for the establishment of any road authorized for mining claim purposes by 30 U.S.C. 21 et seq., or under any specific permit or lease granted by the federal government.

5.

Regulating the location of activities and DEVELOPMENTS which may result in significant changes in population density.

6.

Providing for phased DEVELOPMENT of PUBLIC services and facilities.

7.

Regulating the USE of land on the basis of the impact of land USE changes on the community or surrounding areas.

8.

Otherwise planning for and regulating the USE of land so as to provide planned and orderly USE of land and protection of the environment in a manner consistent with constitutional rights.

A.

The word person includes a firm, association, governmental entity, organization, partnership, trust, company or corporation, as well as an individual.

B.

The word shall is mandatory.

C.

The word may is permissive.

D.

The words used or occupied include the words intended, designed or arranged to be used or occupied.

E.

The word LOT includes the words plot or parcel.

F.

Words used in the present tense include the future tense.

G.

Words in the singular number include the plural number, and words in the plural number include the singular number, unless the context clearly indicates the contrary.

H.

The particular controls the general.

I.

Words and phrases used in this Chapter which are not specifically defined in Section 23-1-90 shall be assigned their ordinary, contemporary meanings.

J.

All USES listed in this Chapter are representative and are not exclusive.

(Weld County Code Ordinance 2019-02)

A.

In their interpretation and application, the provisions of this Chapter shall be regarded as the minimum requirements for the protection of public health, safety, comfort, morals, convenience and welfare.

B.

This Chapter shall be regarded as remedial and shall be liberally construed to further its underlying purposes.

C.

Whenever a provision of this Chapter and any other provision of this Chapter, or any provision of any other law, rule, contract, resolution, ordinance or regulation of the State, federal government or the County, of any kind, contain restrictions covering the same subject matter, the more restrictive requirements or higher standards shall govern, except where preempted.

If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is for any reason held or decided to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions. The Board of County Commissioners hereby declares that it would have passed the ordinance codified herein and each and every section, subsection, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, paragraphs, sentences, clauses or phrases might be declared to be unconstitutional or invalid.

Repeal of Previous Zoning Resolution: Applicable only to 1981 Redistricting. The Official Weld County Zoning Resolution adopted May 29, 1961, was repealed on August 18, 1981. The Official Weld County Zoning map in hard copy is replaced with the digitized version of this map that is maintained in joint cooperation with the Weld County Assessor's Office and the Weld County GIS office. The digitized map is available electronically through the County webpage and is updated periodically. The repeal of the Official Weld County Zoning Resolution shall not prevent the prosecution and punishment of any person for any VIOLATION committed prior to its repeal and map amendment. The repeal of the Zoning Resolution shall not affect or repeal any conditions or standards imposed as a condition for approval of any land use decision by the Board of County Commissioners prior to the effective date of the Zoning Ordinance codified herein and any amendment thereto.

(Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2012-3; Weld County Code Ordinance 2019-02)

The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section:

100-YEAR FLOOD: A FLOOD having a recurrence interval that has a one (1) percent chance of being equaled or exceeded during any given year. The terms "one hundred-year FLOOD" and "one-percent-chance FLOOD" are synonymous with the term 100-YEAR FLOOD. The term does not imply that the FLOOD will necessarily happen once every one hundred (100) years.

100-YEAR FLOODPLAIN: The area of land susceptible to being inundated as a result of the occurrence of the 100-YEAR FLOOD.

500-YEAR FLOOD: A FLOOD having a recurrence interval that has a two-tenths (0.2) percent chance of being equaled or exceeded during any given year. The term "0.2-percent-chance FLOOD" is synonymous with the term 500-YEAR FLOOD. The term does not imply that the FLOOD will necessarily happen once every five hundred (500) years.

500-YEAR FLOODPLAIN: The area of land susceptible to inundation as a result of the 500-YEAR FLOOD.

ACCESSORY BUILDING, STRUCTURE, or USE: any BUILDING, STRUCTURE, or USE which:

a.

Is subordinate in purpose, area or intensity to the PRINCIPAL BUILDING or USE served,

b.

Is normally associated with the PRINCIPAL BUILDING or USE,

c.

Contributes to the needs of the occupants, business enterprise or industrial operation within the PRINCIPAL BUILDING or USE served, and

d.

Is located on the same LOT as the PRINCIPAL BUILDING or USE.

ADDITION: Any activity that expands the enclosed footprint or increases the horizontal square footage of an existing STRUCTURE.

ADJACENT: When used to indicate land in the immediate vicinity of a LOT, means land which shares a boundary line with the LOT in question or which would share a boundary line were it not for the separation caused by a STREET/ROAD or ALLEY.

ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENT: Any business, service or entertainment establishment open to the public in which persons appear in a STATE OF NUDITY for the purpose of entertaining patrons at such establishment. This definition does not include any establishments offering such entertainment where those establishments hold a valid liquor license pursuant to the Colorado Liquor Code or Beer Code.

AGRICULTURAL PROCESSING: PROCESSING of crops and other plants, including extracting oils from plants and canning of plants for distribution to retailers but does not include production of ethanol, alcoholic beverages, or activities listed in the definition of FARMING.

AGRICULTURAL SUPPORT AND SERVICE: Establishments principally engaged in serving DAIRIES and FARMING, excluding LIVESTOCK CONFINEMENT OPERATIONS, MEAT PROCESSING, ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES, TRANSLOADING facilities, and COMMERCIAL TRUCK WASHOUT FACILITIES; and including but not limited to the following:

a.

Drying, packing, sorting, blending, and/or selling of crops and other plants not grown by the owner and/or operator of the property,

b.

Farm equipment sales, repair, and installation,

c.

Grain, seed, feed, fertilizer, herbicide, pesticide, kerosene, and propane retail, wholesale, and service establishments,

d.

Irrigation companies,

e.

Produce and LIVESTOCK auctions,

f.

Produce wholesalers,

g.

Elevator storage and cold storage warehouses,

h.

Farmers markets, and

i.

Trucking companies principally engaged in the hauling of agricultural products such as crops, LIVESTOCK, DAIRY products, etc.

j.

AGRICULTURAL PROCESSING.

AGRITAINMENT: A USE ACCESSORY to FARMING, open to the paying public, and typically including attractions such as amusement rides, corn mazes, haunted houses, petting zoos, and the like. AGRITAINMENT may also include live entertainment such as musical or comedy performances but excludes rodeos and racing events.

AGRITOURISM: A USE ACCESSORY to FARMING offered as a vacation destination, open to the paying public, where guests experience life on a farm or ranch and may include recreational attractions such as horseback rides, hiking, and the like. AGRITOURISM excludes rodeos and racing events.

AIRPORT: Any locality, situated on water or land which is adapted for the landing and taking off of aircraft and which may provide facilities for shelter, supply and repair of aircraft, or a place used regularly for receiving or discharging passengers or cargo by air. Includes all land, BUILDINGS, STRUCTURES or other improvements necessary or convenient in the establishment and operation of an AIRPORT.

AIRPORT ELEVATION: The established elevation of the highest point on the usable land area of the GREELEY-WELD COUNTY AIRPORT (four thousand six hundred ninety [4,690] feet above MEAN SEA LEVEL).

AIRPORT REFERENCE POINT: The point established as the geographic center of the GREELEY-WELD COUNTY AIRPORT landing area. The reference point at GREELEY-WELD COUNTY AIRPORT is a point three thousand one hundred (3,100) feet west of the east line of Section 2, T5N, R68W of the 6th P.M., Weld County, Colorado, and two thousand two hundred fifty (2,250) feet south of the north line of said Section 2, which geographical coordinates are Latitude 40°26'8" north and Longitude 104°37'55" west.

AIRSTRIP: Any locality, situated on either water or land which is adapted for the landing and taking off of aircraft, operated by the owner or lessee of the land USED as an AIRSTRIP. An AIRSTRIP may be USED only for private aircraft owned or leased by the operator of the AIRSTRIP.

ALLEY: A minor PUBLIC or private STREET/ROAD primarily for vehicular service access to the rear or side of LOTS otherwise abutting on a STREET/ROAD. ALLEYS have thirty (30) feet of RIGHT-OF-WAY width or less. For the purposes of enforcing OFFSETS only, ALLEYS shall not be considered STREETS/ROADS.

ALTERATION OR RELOCATION OF A WATERCOURSE: Any DEVELOPMENT which changes the direction of flow of water in a river or stream. Any CHANNELIZATION of a river or stream is also considered to be an ALTERATION OR RELOCATION OF A WATERCOURSE.

ANIMAL BOARDING: The maintaining of LIVESTOCK, other than those owned by the property owner and where any of the following are provided: shelter, care, feed and water.

ANIMAL UNIT: A term and number used to establish an equivalency for various species of LIVESTOCK. The number of LIVESTOCK allowed by right is dependent upon bulk requirements of the A (Agricultural), E (Estate) and R-1 (Low-Density Residential) Zone District. LIVESTOCK in excess of the bulk requirements for the Agricultural Zone District shall require a Use by Special Review Permit for a LIVESTOCK CONFINEMENT OPERATION or ANIMAL BOARDING and animal TRAINING FACILITY. All LIVESTOCK shall have the following ANIMAL UNIT equivalents and bulk requirements contained in Tables 23.1A, 23.1B, and 23.1C, below:

Table 23.1A
ANIMAL UNITS in the A (Agricultural) Zone District

Table 23.1B
ANIMAL UNITS in the E (Estate) Zone District

Table 23.1C
ANIMAL UNITS in the R-1 (Low-Density Residential) Zone District

Any combination of the above LIVESTOCK and their equivalents as a Use by Right shall not exceed the maximum of four (4) ANIMAL UNITS per acre in the A (Agricultural) Zone District on LOTS less than one-hundred twenty (120) gross acres, not to exceed six (6) ANIMAL UNITS per acre on LOTS a minimum of one-hundred twenty (120) gross acres and less than three hundred twenty (320) gross acres, not to exceed eight (8) ANIMAL UNITS per acre on LOTS a minimum of one-half (½) of a Section and less than six hundred forty (640) gross acres, and not to exceed ten (10) ANIMAL UNITS per acre on LOTS six hundred forty (640) gross acres or larger, or one full section. In the E (Estate) Zone District, ANIMAL UNITS shall not exceed one (1) ANIMAL UNIT per gross acre. In the R-1 (Low-Density Residential) Zone District, ANIMAL UNITS shall not exceed two (2) ANIMAL UNITS per LOT. In determining the number of acres in a LOT for the purpose of calculating the number of ANIMAL UNITS allowed as a Use by Right, the total number of contiguously owned or controlled (for example, through lease, easement or dedication) acres shall be included. Such contiguity shall not be affected by the existence of a platted STREET/ROAD or ALLEY, a PUBLIC or private RIGHT-OF-WAY, state or federal PUBLIC lands, or a lake, reservoir, stream or other natural or artificial waterway.

APPROACH SURFACE: A surface longitudinally centered on the extended RUNWAY centerline, extending outward and upward from the end of the PRIMARY SURFACE and at the same slope as the APPROACH ZONE HEIGHT limitation slope set forth in Division 1 of Article V of this Chapter. In plan, the perimeter of the APPROACH SURFACE coincides with the perimeter of the APPROACH ZONE.

APPROACH ZONE: The Utility Runway Visual Approach Zone, Runway Larger Than Utility Visual Approach Zone, and Precision Instrument Runway Approach Zone as described in Section 23-5-20.

BANNER SIGN: Any SIGN that is painted or printed on cloth, vinyl, or other flexible material, which is designed to be stretched between poles, fence posts, or wire, or hung on walls with ties, clips, rails, rivets, hooks, or frames.

BASE FLOOD: The FLOOD having a one percent (1%) chance of being equaled or exceeded in any given year. This term is used in the NFIP to indicate the minimum level of flooding to be used by a community in its floodplain management regulations.

BASE FLOOD ELEVATION (BFE): The elevation shown on a FEMA FIRM that indicates the WATER SURFACE ELEVATION resulting from a FLOOD that has a one-percent chance of equaling or exceeding that level in any given year.

BASEMENT: Any floor level below the first story or main floor of a BUILDING, having its floor sub-grade (below ground level) on all sides. The LOWEST FLOOR of a residential BUILDING, including BASEMENTS, shall be at least one (1) foot above the BASE FLOOD ELEVATION (BFE). Any CRAWLSPACE with four (4) feet or more between the floor and the ceiling shall be considered to be a BASEMENT.

BED AND BREAKFAST FACILITY: A facility in an owner-occupied DWELLING that offers TEMPORARY accommodation to lodging guests for a fee.

BEST AVAILABLE DATA: Any FLOOD data available from the federal or state governments or any other source that is utilized by the FLOODPLAIN ADMINISTRATOR to determine the BASE FLOOD ELEVATION or FLOODWAY location. The sources of data may include, but are not limited to:

a.

FEMA publications such as guidance documents, policy documents, technical bulletins and regulations;

b.

State publications and regulations; and

c.

Other published or unpublished FLOOD studies.

BIOSOLIDS: The accumulated treated residual product resulting from a domestic wastewater treatment works. BIOSOLIDS does not include grit or screenings from a wastewater treatment works, commercial or industrial sludges (regardless of whether the sludges are combined with domestic sewage), sludge generated during treatment of drinking water or DOMESTIC SEPTAGE or industrial septage.

BREWERY: Any establishment licensed pursuant to the provisions of Title 44, Article 3, C.R.S., where malt liquors or fermented malt beverages are manufactured, except BREW PUBS. "Malt liquors" are defined in C.R.S. Section 44-3-103(30). "Fermented malt beverages" are defined in C.R.S. Section 44-4-103(1).

BREW PUB: A retail establishment licensed pursuant to the provisions of Title 44, Article 3, C.R.S., that manufactures not more than one million eight hundred sixty thousand (1,860,000) gallons of malt liquor and fermented malt beverages on its licensed premises or licensed alternating proprietor licensed premises, combined, each calendar year. "Malt liquors" are defined in C.R.S. Section 44-3-103(30). "Fermented malt beverages" are defined in C.R.S. Section 44-4-103(1).

BUILDABLE LOT: A LEGAL LOT on which it is possible to construct a BUILDING in compliance with applicable requirements of this Code, including, but not limited to, permitted access and bulk requirements, and with any VARIANCES granted by the Board of Adjustment. A LEGAL LOT may not necessarily be a BUILDABLE LOT.

BUILDING: Any STRUCTURE, excluding fences, erected for shelter or enclosure of persons, animals or personal property of any kind.

BUILDING HEIGHT: The vertical distance from mean natural grade at foundation to the highest point of the roof or appurtenances, not including CHURCH spires and residential chimneys.

BUILDING, PRINCIPAL: A BUILDING in which is conducted the main or primary USE of the LOT on which said BUILDING is located.

BUILDING UNIT: As defined in Chapter 21, Article V.

CAMPING: A recreational activity involving the spending of up to seven (7) consecutive nights in a tent, primitive STRUCTURE, travel trailer or RECREATIONAL VEHICLE at a campsite. This activity is to provide temporary shelter and is not intended to be a residence.

CAMPGROUND: An area used for TEMPORARY placement and occupancy of RECREATIONAL VEHICLES or CAMPING tents operated on a COMMERCIAL basis for USE by the public.

CARGO CONTAINER: A receptacle with all of the following characteristics:

a.

Of a permanent character and accordingly strong enough to be suitable for repeated use, constructed of metal and being airtight and water-resistant.

b.

Specially designed to facilitate the carriage of goods, by one (1) or more modes of transport, one (1) of which shall be by vessels, without intermediate reloading.

c.

Fitted with devices permitting its ready handling, particularly its transfer from one (1) mode of transport to another.

d.

Designed to be easy to fill and empty.

e.

A railroad car of any type shall not be considered a CARGO CONTAINER.

CAR WASH: An establishment providing COMMERCIAL cleaning of motor vehicles, not including SEMI-TRAILERS.

CELL ON WHEELS (COW): A portable mobile cellular site that provides temporary (up to one (1) year) of network and wireless coverage to locations where cellular coverage is minimal or compromised.

CEMETERY: Land used for the burial of human remains and dedicated for memorial purposes, whereby plots are reserved and sold. Includes columbaria and mausoleums.

CHANNEL: The physical confines of a stream or waterway consisting of a bed and stream banks and existing in a variety of geometries.

CHANNELIZATION: The artificial creation, enlargement or realignment of a stream CHANNEL.

CHILD CARE CENTER: A facility, by whatever name known, which is maintained for the whole or part of a day for the care of five (5) or more children who are eighteen (18) years of age or younger and not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes, as further defined in C.R.S. Section 26-6-102(5).

CHURCH: A BUILDING or STRUCTURE, or groups of BUILDINGS or STRUCTURES, that by design and construction are primarily intended for conducting organized religious services and associated ACCESSORY USES.

CODE OF FEDERAL REGULATIONS (CFR): The codification of the general and permanent Rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation.

CO-LOCATION: Locating TELECOMMUNICATION ANTENNAS or other wireless communications equipment for more than one (1) provider on a single STRUCTURE.

COMMERCIAL: An activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis excluding those USES listed by right and ACCESSORY USES in the A (Agricultural) Zone District.

COMMERCIAL JUNKYARD: An open or ENCLOSED area where any waste, JUNK or used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited, to scrap iron and other metals, paper, rags, rubber tires and bottles. A COMMERCIAL JUNKYARD also includes the storage or keeping of DERELICT VEHICLES.

COMMERCIAL MINERAL DEPOSIT: A natural mineral deposit of limestone used for construction purposes, coal, sand, gravel and quarry aggregate, for which extraction by an EXTRACTOR is or will be commercially feasible and regarding which it can be demonstrated by geologic, mineralogic, or other scientific data that such deposit has significant economic or strategic value to the area, State or nation.

COMMERCIAL SCHOOL: A SCHOOL established to provide on-site training of business, trade, commercial, industrial, clerical, managerial or artistic skills, such as a beauty SCHOOL, ceramic store or driving SCHOOL. This definition applies to SCHOOLS that are owned and operated privately for profit and that do not typically offer a complete educational curriculum. This classification excludes establishments that provide training in an activity that is not otherwise generally permitted in the zone district. Incidental instructional services in conjunction with another primary USE, such as HOME BUSINESSES with classes of six (6) or fewer students, shall not be considered a COMMERCIAL SCHOOL.

COMMERCIAL STORAGE BUILDINGS: A BUILDING or group of BUILDINGS consisting of individual, self-contained units leased for ENCLOSED self-service storage of personal property.

COMMERCIAL VEHICLE: Any vehicle used or previously used COMMERCIALLY, excluding those USES listed by right in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi-tractors and SEMI-TRAILERS, dump trucks, construction equipment, box trucks, tow trucks, and vehicles such as taxis and ride-sharing vehicles used to transport passengers for a fee. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the USE is allowed through the zone district. For the purposes of enforcement, two-axle passenger motor vehicles, as defined in C.R.S. Section 42-1-102(58), which could be utilized in everyday personal transport, and which are used COMMERCIALLY, such as but not limited to taxis, ride-sharing vehicles, and work pick-up trucks, may be allowed in any zone district without requirement of any permits provided they are operated solely by residents thereof.

COMMUNITY BUILDINGS: Governmental and non-profit BUILDINGS, including but not limited to libraries, post offices, and museums, and quasi-PUBLIC BUILDINGS for the members of a group, including but not limited to community clubhouses owned by homeowners' associations, fraternal lodges, grange halls, and agricultural organization offices.

COMPLETE APPLICATION: All necessary information required as part of the submittal criteria of a land use case, as defined in sections pertaining to the type of case being processed.

COMPREHENSIVE PLAN: The duly adopted Weld County Comprehensive Plan, Chapter 22 of this Code.

CONDITIONAL LETTER OF MAP REVISION (CLOMR): FEMA's comment on a proposed project which does not revise an effective FLOODPLAIN map and would, upon construction, affect the hydrologic or hydraulic characteristics of a FLOODING source and thus result in the modification of the existing regulatory FLOODPLAIN.

CONICAL SURFACE: A surface extending outward and upward from the periphery of the HORIZONTAL SURFACE at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet.

CONICAL ZONE: The area described as CONICAL ZONE in Section 23-5-20.

CONTRACTOR'S SHOPS: Establishments engaged in installing and servicing such items as air conditioners, electrical equipment, flooring, heating, painting, plumbing, roofing, tiling, ventilation and service facilities or utilities.

CORRECTIONAL FACILITY: Facilities for the judicially required detention or incarceration of people, where inmates and detainees are under twenty-four-hour supervision by professionals ("lock down"), except when on approved leave. If the USE otherwise complies with this definition, a CORRECTIONAL FACILITY may include, by way of illustration, a pre-parole facility, jail, prison or other place of incarceration.

COUNTY: The COUNTY of Weld, a home rule county in the State of Colorado.

CRAWLSPACE: An under-floor space that has its interior floor area (finished or not) no more than five (5) feet below the top of the next-higher floor. Crawlspaces generally have solid foundation walls. See Diagram 8 in the FEMA Elevation Certificate Instructions.

CRITICAL FACILITY: A STRUCTURE or related infrastructure, but not the land upon which it is situated, that, if flooded, may result in significant hazards to public health and safety or interrupt essential services and operations for the COUNTY at any time before, during or after a FLOOD. CRITICAL FACILITIES are classified under the following categories: (A) Essential Services; (B) Hazardous Materials; (C) At-Risk Populations; and (D) Vital to Restoring Normal Services.

a.

Essential Services CRITICAL FACILITIES.

1)

Essential Service CRITICAL FACILITIES include, but are not limited to:

a)

Public safety facilities such as police stations, fire and rescue stations, emergency vehicles and equipment storage and emergency operations centers;

b)

Emergency medical facilities such as HOSPITALS, ambulance service centers, urgent care centers with emergency treatment functions and non-ambulatory surgical STRUCTURES, but excluding clinics, doctors' offices and non-urgent care medical STRUCTURES that do not provide emergency treatment functions;

c)

Designated emergency shelters;

d)

Communications systems such as main telephone hubs, broadcasting equipment for cable systems, satellite TV systems, cellular phone systems, television, radio and other types of emergency warning systems, but excluding the towers, poles, cables and conduits;

e)

PUBLIC utility plant facilities for generation and distribution, such as hubs, treatment plants, SUBSTATIONS and pumping stations for water, power and gas, but not including the towers, poles, power lines, buried pipelines, transmission lines, distribution lines and service lines; and

f)

Air transportation lifelines such as AIRPORTS (municipal and larger), helicopter pads and STRUCTURES serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers and emergency equipment aircraft hangars).

2)

Specific exemptions to Essential Service CRITICAL FACILITIES include SEWAGE TREATMENT PLANTS, nonpotable water treatment plants, hydroelectric power-generating plants and related appurtenances.

3)

Public utility plant facilities may be exempted from the definition of Essential Service CRITICAL FACILITIES if it is demonstrated that the facility is an element of a redundant system for which service will not be interrupted during a FLOOD. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-YEAR FLOODPLAIN or are compliant with the provisions of this ORDINANCE, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a FLOOD. Evidence of ongoing redundancy shall be provided upon request.

b.

Hazardous Materials CRITICAL FACILITIES.

1)

Hazardous Materials CRITICAL FACILITIES include, but are not limited to:

a)

Chemical and pharmaceutical plants;

b)

Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;

c)

PETROLEUM REFINERIES;

d)

Hazardous waste storage and disposal sites;

e)

Aboveground gasoline or propane storage or sales centers;

f)

Facilities which produce or store chemicals in quantities in excess of regulated threshold limits. If the owner of a facility is required by OSHA to keep a Material Safety Data Sheet (MSDS) on file for any chemical stored or used in the workplace and the chemical is stored in quantities equal to or greater than the regulated United States Environmental Protection Agency Threshold Planning Quantity for that chemical, then that facility will be considered a CRITICAL FACILITY.

2)

Specific exemptions to Hazardous Materials CRITICAL FACILITIES include:

a)

Finished consumer products within retail centers and households containing hazardous materials intended for household use and agricultural products intended for agricultural use;

b)

BUILDINGS or other STRUCTURES containing hazardous materials for which it can be demonstrated to the satisfaction of the COUNTY by hazard assessment and certification by a qualified professional that a release of the subject hazardous material does not pose a major threat to the public; or

c)

Pharmaceutical sales, use, storage and distribution centers that do not manufacture pharmaceutical products.

c.

At-Risk Populations CRITICAL FACILITIES.

1)

At-risk population facilities include, but are not limited to:

a)

Elder care facilities, including nursing homes;

b)

Congregate care serving twelve (12) or more individuals, including CHILD CARE CENTERS, FAMILY CHILD CARE HOMES and assisted living facilities; and

c)

PUBLIC and private SCHOOLS, including preschools, K-12 SCHOOLS and before- and after-school daycare serving twelve (12) or more children.

d.

CRITICAL FACILITIES Vital to Restoring Normal Services.

1)

CRITICAL FACILITIES Vital to Restoring Normal Services include, but are not limited to:

a)

Essential government operations, including public records, courts, jails, building permitting, inspections services, community administration and management, maintenance and equipment centers; and

b)

Essential STRUCTURES for PUBLIC colleges and universities, including dormitories, OFFICES and classrooms.

2)

CRITICAL FACILITIES Vital to Restoring Normal Services listed in Paragraph 1) above may be exempted from the definition of CRITICAL FACILITIES if it is demonstrated that the facility is an element of a redundant system for which service will not be interrupted during a FLOOD. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-YEAR FLOODPLAIN or are compliant with the provisions of this ORDINANCE, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a FLOOD. Evidence of ongoing redundancy shall be provided upon request.

e.

Exemptions listed for particular categories of CRITICAL FACILITIES shall not apply to STRUCTURES or related infrastructure that also function as CRITICAL FACILITIES under another category outlined in this definition.

DAIRY: An establishment for the primary production and subsequent sale or distribution of milk and/or milk products. See LIVESTOCK CONFINEMENT OPERATION.

DERELICT MANUFACTURED OR MOBILE HOME: A MANUFACTURED HOME or mobile home that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from improper lack of maintenance, vandalism or infestation with vermin or rodents. A MANUFACTURED HOME shall not be allowed to deteriorate to the condition of a DERELICT MANUFACTURED OR MOBILE HOME. Any such DERELICT MANUFACTURED OR MOBILE HOME shall be returned to and maintained in the condition as originally established on site and as inspected by the Building Inspection Department, or it shall be removed from the site.

DERELICT SIGN: A SIGN that is partially or totally damaged by fire, earthquake, wind, or other natural causes, or is in a state of general dilapidation, deterioration, or decay.

DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by C.R.S. Sections 42-4-202(4), 42-12-301 or 42-12-401, and/or the number plate assigned to it is not permanently attached to the vehicle, as required by C.R.S. Section 42-3-202; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on PUBLIC STREET/ROAD RIGHTS-OF-WAY or otherwise not equipped with lamps and other equipment, as required in C.R.S. Sections 42-4-204 to 42-2-230. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation.

DEVELOPMENT: The placement, construction, erection, reconstruction, movement and/or alteration of BUILDINGS and/or other STRUCTURES, the placement of paved areas, drainage improvements or alterations on the historic flow of drainage patterns or amounts, and the placement of lighting and/or other appurtenances related to any and all USES. Includes any man-made change to improved or unimproved real estate, including but not limited to BUILDINGS or other STRUCTURES, MINING, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

DEVELOPMENT STANDARDS: A list of items that are compiled and approved by the COUNTY that governs the USE and/or operation of a Special Review Permit or Site Plan Review. The list is placed on the Special Review Permit map or Site Plan Review map prior to recording the map with the County Clerk and Recorder.

DFIRM DATABASE: Database (usually spreadsheets containing data and analyses that accompany DFIRMs). The FEMA Mapping Specifications and Guidelines outline requirements for the development and maintenance of DFIRM databases.

DIGITAL FLOOD INSURANCE RATE MAP (DFIRM): FEMA digital floodplain map. These digital maps serve as "regulatory floodplain maps" for insurance and floodplain management purposes.

DISTILLERY: Any establishment licensed pursuant to the provisions of Title 44, Article 3, C.R.S., where spirituous liquors are manufactured. "Spirituous liquors" are defined in C.R.S. Section 44-3-103(54).

DISTRIBUTION CENTER: A BUILDING where goods are stored for distribution to a retailer or other destination.

DOMESTIC SEPTAGE: Liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device or similar treatment works that receives only domestic sewage. DOMESTIC SEPTAGE does not include liquid or solid material removed from a septic tank, cesspool or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a RESTAURANT.

DOMESTIC WATER: Both raw and treated water delivered for eventual drinking and related residential purposes.

DWELLING, DUPLEX: A BUILDING containing two (2) DWELLING UNITS.

DWELLING, MULTI-FAMILY: A BUILDING containing three (3) or more DWELLING UNITS.

DWELLING, SINGLE-FAMILY: A BUILDING containing one (1) DWELLING UNIT.

DWELLING UNIT: A single unit providing complete independent living facilities for one (1) or more individuals, including permanent facilities for cooking, eating, living, sanitation and sleeping. The term DWELLING UNIT does not include HOTELS, MOTELS, RECREATIONAL VEHICLES or other places or accommodations when used for transient occupancy.

ELECTRIC TRANSMISSION LINES: The system, including lines and support STRUCTURES, used to transmit electric energy in amounts of less than one hundred fifteen (115) kV.

ELECTRONIC MESSAGE DISPLAY: A SIGN or a portion of a SIGN with a display surface composed of light-emitting diodes (LEDs) or similar light sources and capable of displaying varying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means.

ELEVATE: To build or raise a STRUCTURE to a minimum of one (1) foot above the BASE FLOOD ELEVATION.

ELEVATED BUILDING: A BUILDING without a BASEMENT and:

a.

Built, in the case of a BUILDING in Zones A, A1-30, AE, AH, and AO, to have the top of the ELEVATED floor above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the floor of the water; and

b.

Adequately anchored so as not to impair the structural integrity of the BUILDING during a FLOOD of up to the magnitude of the BASE FLOOD.

In the case of Zones A, A1-30, AE, AH, and AO, ELEVATED BUILDING also includes a BUILDING ELEVATED by means of FILL or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of FLOOD waters.

ENCLOSED: An object or USE shall be ENCLOSED if all aspects of the object or USE are surrounded completely on all sides within a BUILDING.

EVENT FACILITY: A USE providing a gathering space for rent for weddings, business meetings, and similar events not open to the general public.

EXISTING CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCTION commenced before the effective date of the FLOOD INSURANCE RATE MAP (FIRM). EXISTING CONSTRUCTION is synonymous with the term "existing structure".

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A MANUFACTURED HOME PARK OR SUBDIVISION for which the construction of facilities for servicing the LOTS on which the MANUFACTURED HOMES are to be affixed (including, at a minimum, the installation of utilities, construction of STREETS/ROADS and either final site grading or the pouring of concrete pads) is completed before the effective date of the COUNTY adoption of the FLOODPLAIN MANAGEMENT ORDINANCE.

EXOTIC ANIMAL: Any vertebrate animal except fishes and amphibians that is not defined herein as LIVESTOCK or HOUSEHOLD PET.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the LOTS on which the MANUFACTURED HOMES are to be affixed (including, at a minimum, the installation of utilities, the construction of STREETS/ROADS and either final site grading or the pouring of concrete pads).

EXTRACTOR: Any individual, partnership, association or corporation which extracts COMMERCIAL MINERAL DEPOSITS for USE in the business of selling such deposits or for USE in another business owned by the EXTRACTOR or any department or division of federal, state, county or municipal government which extracts such deposits.

FAMILY CHILD CARE HOME: A facility for child care in a place of residence of a family or person for the purpose of providing less than twenty-four-hour care for children under the age of eighteen (18) years who are not related to the head of such home, as further defined in C.R.S. Section 26-6-102(13).

FARMING: Any or all of the following:

a.

The cultivation of land,

b.

Growing, harvesting, drying, packing, sorting, blending, storing, or selling of crops, plants, seeds, grain, flowers, or nursery stock grown by the owner and/or operator of the property, and BUILDINGS and STRUCTURES related thereto,

c.

Ranching and/or the raising of LIVESTOCK, including DAIRIES, and BUILDINGS and STRUCTURES related thereto, but excluding LIVESTOCK CONFINEMENT OPERATIONS,

d.

Transporting crops, plants, seeds, grain, flowers, nursery stock, DAIRY products, manure, or LIVESTOCK grown, produced, or raised on the premises to off-site facilities, but not trucking companies principally engaged in hauling products produced off-site,

e.

Selling of manure produced by LIVESTOCK owned by the owner and/or operator of the property where the sale occurs, and

f.

Storing of feed for LIVESTOCK, whether grown on- or off-site.

FARMLAND - U.S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICES: The availability of a consistent supply of clean water must exist in order to have prime FARMLAND. Prime FARMLAND is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops, and is also available for these USES (the land could be cropland, pastureland, rangeland, forest land or other land, but not urban build-up land or water). It has the soil quality, growing season and moisture supply needed to economically produce sustained high yields of crops when treated and managed, including water management, according to acceptable FARMING methods. In general, FARMLANDS have an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, salt and sodium content and few or no rocks. Prime FARMLANDS are permeable to water and air. Prime FARMLANDS are not excessively erodible or saturated with water for a long period of time, and they either do not FLOOD frequently or are protected from FLOODING. (U.S. Department of Agriculture, Soil Conservation Services [Special Series 17], January 1980; additional supplements.)

FARMLAND - WELD COUNTY NONPRIME: NONPRIME FARMLAND is low capability land that is not considered important land for food production. It may be composed of poorer soils prone to erosion or may have topographical limitations such as slopes or gullies.

FARMLAND - WELD COUNTY PRIME: The availability of a consistent supply of quality water must exist in order to have PRIME FARMLANDS. PRIME and PRIME if irrigated lands fall into upper capability classes as defined by the Natural Resource Conservation Service and Colorado State University Cooperative Extension Service and should be protected equally if irrigation water is available and they are located within a reasonable distance of water delivery STRUCTURES.

FILL: Any material such as earth, clay, sand, concrete, rubble or waste of any kind which is placed or stored upon the surface of the ground.

FISHING: A recreational activity that involves the act, occupation or sport of catching fish.

FLAG: Any SIGN made of fabric attached to a pole and having a width approximately equal to twice its height.

FLOATABLE MATERIALS: Any material that is not secured in place that could float offsite during the occurrence of a FLOOD and potentially cause harm to downstream property owners or that could cause blockage of a culvert, bridge or other drainage facility. FLOATABLE MATERIALS include, but are not limited to, lumber, vehicles, boats, equipment, drums or other containers or pieces of material that are likely to float.

FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

a.

The overflow of water from CHANNELS and reservoir spillways; and/or

b.

The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD HAZARD BOUNDARY MAP (FHBM): FLOOD map of the COUNTY issued by FEMA, where the boundaries of the FLOOD, mudflow and related erosion areas having special hazards have been designated.

FLOOD INSURANCE RATE MAP (FIRM): The official map on which FEMA has delineated both the SPECIAL FLOOD HAZARD AREAS and the risk premium zones applicable to the COUNTY.

FLOOD INSURANCE STUDY (FIS): The official report provided by FEMA that includes FLOOD profiles, the FLOOD BOUNDARY AND FLOODWAY MAP and the WATER SURFACE ELEVATION of the BASE FLOOD.

FLOODPLAIN or FLOOD-PRONE AREA: Any land area susceptible to being inundated as a result of a FLOOD, including the area of land over which floodwater would flow from the spillway of a reservoir. The FEMA-mapped FLOODPLAINS are shown on FEMA's DFIRM, FIRM and FHBM maps.

FLOODPLAIN ADMINISTRATOR: The designated COUNTY official responsible for administering and enforcing this ORDINANCE.

FLOODPLAIN DEVELOPMENT PERMIT: A permit required before construction or DEVELOPMENT begins within any SPECIAL FLOOD HAZARD AREA (SFHA). Permits are required to ensure that proposed DEVELOPMENT projects meet the requirements of the National Flood Insurance Program and this ORDINANCE.

FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventative measures for reducing FLOOD damage, including but not limited to emergency preparedness plans, FLOOD control works and enactment and updating of this ORDINANCE.

FLOODPLAIN MANAGEMENT ORDINANCE (ORDINANCE): Ordinance enacted by the Board of Weld County Commissioners pursuant to Title 29, Article 20 and Title 30, Article 28, C.R.S., for the purpose of FLOOD damage prevention and reduction.

FLOODPROOF or FLOODPROOFING: Any combination of structural and nonstructural designs, changes or adjustments to STRUCTURES which reduce or eliminate FLOOD damage to real estate, improved real property, water and sanitary sewer facilities, and STRUCTURES and their contents.

FLOOD-VENTED STRUCTURES: An orifice in an enclosed STRUCTURE intended to allow the free passage of water between the interior and exterior to reduce potential damage to BUILDINGS ELEVATED on CRAWLSPACES.

FLOODWAY (REGULATORY FLOODWAY): The CHANNEL of a river or other WATERCOURSE and the ADJACENT land areas that must be reserved in order to discharge the BASE FLOOD without cumulatively increasing the WATER SURFACE ELEVATION more than a designated height. The statewide standard for the designated height to be used for all newly studied reaches shall be one-half (½) foot (six [6] inches). Holders of valid LETTERS OF MAP REVISION to existing FLOODWAY delineations may continue to use the FLOODWAY criteria in place at the time of the existing FLOODWAY delineation by FEMA. FEMA's mapped FLOODWAYS are shown on the FIRM and FHBM maps.

FLOOD ZONES: The FEMA designated FLOOD ZONES are as follows:

a.

Zone A (Approximate 100-YEAR FLOODPLAIN) is a SFHA with a one percent (1%) or greater chance of FLOODING each year and where, in most cases, BFEs and FLOOD hazard factors have not been determined by FEMA.

b.

Zones A1-A30 and AE (100-YEAR FLOODPLAIN and FLOODWAY) are SFHAs with a one percent (1%) or greater chance of FLOODING each year and where BFEs and FLOOD hazard factors have been determined by FEMA.

c.

Zone AO is a SFHA with a one percent (1%) or greater chance of shallow FLOODING each year, usually in the form of sheet flow with an average depth between one (1) and three (3) feet.

d.

Zone AH is a SFHA with a one percent (1%) or greater chance of shallow FLOODING each year usually in the form of a pond, with an average depth between one (1) and three (3) feet and BFES are shown.

e.

Zone B and Zone X (shaded) are areas that are between the limits of the 100-YEAR FLOODPLAIN and the 500-YEAR FLOODPLAIN.

f.

Zone C and Zone X (unshaded) are areas with a minimal risk of FLOODING.

g.

Zone D is an area with possible but undetermined FLOOD hazards.

FREEBOARD: The vertical distance in feet above a predicted WATER SURFACE ELEVATION intended to provide a margin of safety to compensate for unknown factors that could contribute to FLOOD heights greater than the height calculated for a selected size FLOOD such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed.

FREESTANDING SIGN: Any SIGN supported by STRUCTURES or supports that are placed on, and anchored in, the ground and that are independent from any BUILDING or other STRUCTURE.

FUNERAL HOME: A BUILDING or part thereof for funeral services, including but not limited to space and facilities for embalming, performance of autopsies, cremation, related storage and a chapel.

GARDENING: The cultivation of plants, including, but not limited to, PUBLIC or private community gardens.

GEOLOGIC HAZARD: The hazard posed to human life or property by GROUND SUBSIDENCE and/or seismic activity.

GEOLOGIC HAZARD AREA: An area located over a bedrock fault or coal mine, as designated by the U.S. Geological Survey on the map titled Extent of Abandoned Coal-Mine Workings and Locations of Mine Shafts, Adits, Air Shafts, and Faults, as amended. [Available online at https://pubs.usgs.gov/imap/i-2735/i-2735.pdf.]

GREELEY-WELD COUNTY AIRPORT: The AIRPORT located in Sections 2 and 3, T5N, and Sections 26 and 35, T6N, R65W of the 6th P.M., Weld County, Colorado.

GROSS FLOOR AREA: The total floor area of each horizontal level of a BUILDING, including habitable penthouses and attic space, but not including vent shafts, courts or uninhabitable areas below ground level or in attics.

GROUND SUBSIDENCE: A process characterized by the downward displacement of surface material caused by phenomena such as removal of underground fluids, natural consolidation, dissolution of underground minerals or underground mining.

GROUP HOME FACILITY: A facility which is licensed by the State, and/or authorized or regulated by either the state or federal government or both, and which provides non-institutionalized housing for a group of persons living as a single housekeeping unit, as determined by reference to C.R.S. Section 30-28-115. A GROUP HOME FACILITY shall be for one (1) of the following groups:

a.

A group of no more than eight (8) persons with intellectual and developmental disabilities in a state-licensed group home, as referred to in C.R.S. Section 30-28-115(2)(a);

b.

A group of not more than eight (8) persons with behavioral and mental health disorders living in a state-licensed group home, as referred to in C.R.S. Section 30-28-115(2)(b.5), and not located within seven hundred fifty (750) feet of another GROUP HOME FACILITY; or

c.

A group of not more than eight (8) persons, sixty (60) years of age or older, who do not need nursing facilities, as referred to in C.R.S. Section 30-28-115(2)(b), and not located within seven hundred fifty (750) feet of another such GROUP HOME FACILITY.

Group homes that do not meet the conditions listed above shall be considered RESIDENTIAL THERAPEUTIC CENTERS for the purposes of this Code.

HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

HEAVY MANUFACTURING - PROCESSING: The manufacture or compounding process of raw materials. These activities or processes necessitate the storage of large volumes of highly flammable, toxic materials or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of the manufacturing process. Examples include ethanol, synthetic fertilizer, and tire manufacturing plants.

HEIGHT: For the purpose of determining the HEIGHT limits in all GREELEY-WELD COUNTY AIRPORT zones set forth in Division 1 of Article V of this Chapter, the datum shall be MEAN SEA LEVEL elevation unless otherwise specified. See also BUILDING HEIGHT.

HELIPORT: An area designed and used for the landing, takeoff, maintenance, and fueling of helicopters.

HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a STRUCTURE.

HISTORIC STRUCTURE: Any STRUCTURE that is:

a.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the United States Secretary of the Interior as meeting the requirements for individual listing on the National Register;

b.

Certified or preliminarily determined by the United States Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

c.

Individually listed on the State inventory of historic places; or

d.

Individually listed on the State inventory of historic places in communities with historic preservation programs that have been certified by the State.

HISTORIC TOWNSITE: A group of LOTS, tracts, or parcels of land created by recording a plat or map which shows the boundaries of such LOTS, tracts, or parcels and the original parcel from which they were created, recorded prior to September 20, 1961. HISTORIC TOWNSITE includes all property within such plat or map, whether or not amended or resubdivided by subsequent plat or map.

HOME BUSINESS: A USE incidental to the principal permitted USE for gainful employment of the FAMILY residing on the property, where:

a.

Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein.

b.

Such USE is clearly incidental and secondary to the principal permitted USE and shall not change the character thereof.

A HOME BUSINESS shall not include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, FUNERAL HOME, or organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL).

HOME OCCUPATION: A USE incidental to the principal permitted USE for gainful employment of the FAMILY residing on the property, where the HOME OCCUPATION complies with the requirements of Section 23-4-990. A HOME OCCUPATION shall not include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, FUNERAL HOME, vehicle or boat repair (including painting) or organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). Examples of CLASS I HOME OCCUPATIONS include, but are not limited to, home offices (no customers), cake decoration, and internet sales. A FAMILY CHILD CARE HOME shall also be considered a CLASS I HOME OCCUPATION. Examples of CLASS II HOME OCCUPATIONS include, but are not limited to, hair salons, MASSAGE PARLORS, welding shops, and tax preparation offices with customers.

HORIZONTAL SURFACE: A horizontal plane one hundred fifty (150) feet above the established AIRPORT ELEVATION, the perimeter of which in plan coincides with the perimeter of the HORIZONTAL ZONE (four thousand eight hundred forty [4,840] feet above MEAN SEA LEVEL).

HORIZONTAL ZONE: The area described as HORIZONTAL ZONE in Section 23-5-20.

HOSPITAL: Any institution receiving inpatients and rendering medical, surgical, psychiatric or obstetrical care for humans, to include general HOSPITALS and specialized institutions.

HOTEL/MOTEL: A BUILDING or portion thereof or a group of BUILDINGS which provides sleeping accommodations for hire in separate units or rooms for transients on a daily, weekly or similar short-term basis. A HOTEL or MOTEL shall not be deemed to include any establishment which primarily provides residential living accommodations on a permanent basis.

HOUSEHOLD PETS: Any nonvenomous species of reptile and any domestic dog, domestic cat, rodent, primate or bird over the age of six (6) months; provided that members of the order crocodilia (e.g. crocodiles, alligators, etc.), large primates, including gorillas, orangutans, baboons, chimpanzees, members of the class Aves, order falcons (e.g. hawks, eagles, vultures, etc.); and animals defined as LIVESTOCK herein, shall not be considered to be HOUSEHOLD PETS for the purpose of this Chapter. (Note: See definitions of EXOTIC ANIMALS, LIVESTOCK and KENNEL.)

HUNTING: A recreational activity or sport of pursuing game.

HUNTING LODGE: Lodging accommodations for short-term guests where the primary attraction is HUNTING.

JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition.

KENNEL: Any place where five (5) or more HOUSEHOLD PETS of one (1) species, or a total of eight (8) or more HOUSEHOLD PETS of two (2) or more species, are kept or maintained, with the following exceptions:

a.

On a LOT of at least ten (10) acres that is zoned A (Agricultural) and not in a SUBDIVISION or HISTORIC TOWNSITE, the owner or occupant shall be permitted to keep or maintain the following without being considered a KENNEL: no more than eight (8) HOUSEHOLD PETS of one (1) species, or sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, no more than thirty (30) birds.

b.

On other LOTS zoned A (Agricultural), a Zoning Permit may be granted in accordance with Division 17 of Article IV of this Chapter for the following without being considered a KENNEL: no more than eight (8) HOUSEHOLD PETS of one (1) species, or sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, no more than thirty (30) birds.

c.

PET SHOPS.

d.

Veterinary clinics.

e.

Animal hospitals.

LANDOWNER: Any owner of a legal or equitable interest in real PROPERTY, and includes the heirs, successors and assigns of such ownership interests. LANDOWNER as referred to herein also includes 1041 WOGLA Permittees.

LANDSCAPE: Includes any combination of living plants, such as trees, shrubs, vines, ground covers, flowers or turf, and may include natural features such as rock, stone and bark, and architectural features including, but not limited to, fountains, reflecting pools, art works, screen walls, fences, STREET/ROAD furniture, walks, decks and ornamental concrete or stonework.

LANDSCAPING COMPANIES: Businesses principally engaged in the sale and/or installation of LANDSCAPE materials.

LARGER THAN UTILITY RUNWAY: A RUNWAY that is constructed for and intended to be used by propeller-driven aircraft of greater than twelve thousand five hundred (12,500) pounds maximum gross weight and jet-powered aircraft.

LEGAL LOT: The term LEGAL LOT shall refer to any of the following:

a.

Any LOT created prior to September 20, 1961, prior to the adoption of the Official Subdivision Regulations for Weld County, Colorado.

b.

Any LOT created between September 20, 1961, and December 15, 1992, in compliance with the Official Subdivision Regulations, Weld County, Colorado, as amended (referred to as the "Weld County Subdivision Regulations"), and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located.

c.

Any LOT created between December 15, 1992, and December 28, 2000, in compliance with the Weld County Subdivision Ordinance, Ordinance No. 173, as amended, and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located.

d.

Any LOT created after December 28, 2000, in compliance with Chapter 24 of the Weld County Code, and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located.

e.

Any LOT at least thirty-five (35) acres in size and not part of a plat approved by the COUNTY.

f.

When a LOT is bisected by the dedication of road RIGHT-OF-WAY that has been accepted by the County after January 1, 2025, the land on either side of the RIGHT-OF-WAY may be considered separate LEGAL LOTS.

g.

Any LOT officially recognized by Weld County as a LEGAL LOT prior to January 1, 2025.

A LEGAL LOT may not necessarily be a BUILDABLE LOT.

LETTER OF MAP CHANGE (LOMC): An official revision to currently effective FEMA maps. A LOMC can be in the form of a LOMR, LOMA, LOMR-F or PMR.

LETTER OF MAP AMENDMENT (LOMA): A letter from FEMA officially revising the effective FIRM and FEMA's acknowledgment that a STRUCTURE and/or property is not located in a SFHA.

LETTER OF MAP REVISION (LOMR): A letter from FEMA officially revising the effective FEMA maps and showing changes in FLOOD zones, delineations and elevations.

LETTER OF MAP REVISION BASED ON FILL (LOMR-F): FEMA's modification of the FLOODPLAIN shown on the FIRM based on the placement of FILL outside of the existing regulatory FLOODWAY.

LEVEE: A man-made STRUCTURE, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary FLOODING.

LEVEE SYSTEM: A FLOOD protection system which consists of a LEVEE or LEVEES and associated STRUCTURES, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE: The premises specified in an application for a license pursuant to the Colorado Natural Medicine Code (C.R.S. § 44-50-101, et seq.) that the licensee owns or is in possession of and within which the licensee is authorized to cultivate, manufacture, test, store, distribute, transport, transfer, or dispense regulated natural medicine or regulated natural medicine product in accordance with the Colorado Natural Medicine Code.

LIVESTOCK: Cattle, bison, donkeys, mules, burros, llamas, alpacas, ostriches, emus, elk, horses, swine, sheep, goats, POULTRY, yaks, camels, and rabbits.

LIVESTOCK CONFINEMENT OPERATION (L.C.O.): A place of confinement for LIVESTOCK, corralled, penned or otherwise caused to remain in pens or corrals, where feeding is other than grazing, and where the capacity at any one (1) time is greater than permitted in the bulk requirements for the zoning district in which it is located. An L.C.O. may include DAIRIES, feedlots and poultry and swine production facilities.

LOT: A contiguous tract or parcel of land in unified ownership, with defined boundaries, described by metes and bounds, by reference to aliquot parts of a section or sections, or by reference to a land survey plat recorded in the Office of the Weld County Clerk and Recorder. A LOT constitutes the basic unit of DEVELOPMENT.

LOT COVERAGE: The maximum percentage of a LOT'S total area that may be covered with BUILDINGS and impervious surfaces.

LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including a BASEMENT. Any floor used for living purposes which includes working, storage, sleeping, cooking, and eating or recreation, or any combination thereof. This includes any floor that could be converted to such a use, such as a BASEMENT. Any unfinished or FLOOD-resistant enclosure, usable solely for parking of vehicles, BUILDING access or storage in an area other than a BASEMENT area, is not considered a BUILDING'S LOWEST FLOOR; provided that such enclosure is not built so as to render the STRUCTURE in violation of the applicable non-elevation requirement of 44 CFR 60.3.

LUMBERYARD/WOODWORKING: An establishment where BUILDING materials are sold. LUMBERYARDS may also process lumber by performing millwork, planing, cutting, and the like, and manufacture wood products such as furniture. LUMBERYARD does not include general home improvement stores.

MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY: PUBLIC utilities or PUBLIC agencies operating or constructing a mine, ELECTRIC TRANSMISSION LINES, DOMESTIC WATER storage facilities, POWER PLANTS, SUBSTATIONS, SEWAGE TREATMENT FACILITIES, water treatment facilities, including extensions, expansions or enlargements thereof; STORAGE AREAS of utilities providing electricity, water, and wastewater service, including extension, expansions or enlargements thereof.

MANUFACTURED HOME: A SINGLE-FAMILY DWELLING that is a preconstructed building unit or combination of building units that:

a.

Includes electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at a location other than the residential site of the completed home;

b.

Is designed and used for single-family residential occupancy in either TEMPORARY or permanent locations;

c.

Is constructed in compliance with the "National Manufactured Housing Construction and Safety Standards Act of 1974", 42 U.S.C. sec. 5401 et seq., as amended;

d.

Does not have motive power; and

e.

Is not licensed as a vehicle.

MANUFACTURED HOME PARK OR SUBDIVISION: A parcel or contiguous parcels of land divided into two (2) or more MANUFACTURED HOME LOTS for rent or sale.

MANUFACTURED STRUCTURE: Any factory-assembled STRUCTURE with or without service connections that is not a DWELLING UNIT.

MASSAGE THERAPIST: A person licensed by the state who provides massage treatments on a COMMERCIAL basis.

MASTER PLAN: A document or series of documents prepared and adopted according to state law which sets forth policies for the future of a municipality.

MEAN SEA LEVEL: For purposes of this Chapter, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or other datum to which BASE FLOOD ELEVATIONS shown on the COUNTY'S FLOOD INSURANCE RATE MAP are referenced.

MEAT PROCESSING: Slaughtering, butchering, and/or rendering of animals.

MEAT PROCESSING, CUSTOM: The slaughtering and butchering of animals in a single BUILDING not larger than 30,000 square feet of GROSS FLOOR AREA. There shall be no retail sales at the facility.

MINING: The act of recovering mineral, sand, gravel, quarry, coal or other resources from the ground. MINING shall include, but not be limited to, recovery of the resources by processing on site (including "in-situ," solution, and other extractive methods), open pit excavation, wet or dry pit excavation and subterranean excavation.

MODEL-BACKED APPROXIMATE FLOOD ELEVATION: The 100-YEAR-FLOOD water surface elevation resulting from a hydraulic model used to determine an Approximate Floodplain.

NATIONAL FLOOD INSURANCE PROGRAM (NFIP): FEMA's program of FLOOD insurance coverage and national FLOODPLAIN MANAGEMENT administered in conjunction with the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The NFIP has applicable federal regulations promulgated in CFR Title 44. The U.S. Congress established the NFIP with the passage of the National Flood Insurance Act of 1968.

NEIGHBORHOOD: When used in this Chapter in reference to a particular LOT, the word NEIGHBORHOOD is intended to describe in a general way the land area which is in the vicinity of the LOT in question and which will be affected to a greater extent than other land areas in the COUNTY by USES which exist on the LOT or are proposed for it. A NEIGHBORHOOD always includes LOTS which are ADJACENT to the LOT under consideration and, depending upon the land USE in question, may include more remote areas as well.

NEW CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCTION commenced on or after August 25, 1981, and includes any subsequent improvements to such STRUCTURES.

NEW MANUFACTURED HOME PARK OR SUBDIVISION: A MANUFACTURED HOME PARK OR SUBDIVISION for which the construction of facilities for servicing the LOTS on which the MANUFACTURED HOMES are to be affixed (including, at a minimum, the installation of utilities, the construction of STREETS/ROADS and either final site grading or the pouring of concrete pads) is completed on or after August 25, 1981.

NIGHTCLUB, BAR, LOUNGE OR TAVERN: An establishment primarily intended to serve alcoholic beverages to customers on premises and licensed as such by the State and the County.

NONCOMMERCIAL JUNKYARD: An area where any waste, JUNK or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner's and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. Where NONCOMMERCIAL JUNKYARDS are allowed by Article III of this Chapter, they shall be visually SCREENED from all ADJACENT properties and PUBLIC RIGHTS-OF-WAY by an opaque privacy fence made of uniform material such as wood, composite, masonry, or similar traditional fencing materials. Chain link, with or without slats or windscreen privacy mesh, is not acceptable screening.

NONCOMMERCIAL TOWER: Any mast or pole taller than forty (40) feet and permanently attached to the property. The NONCOMMERCIAL TOWER may include over-the-air high definition television (HDTV) reception, short wave radio, citizens band radio, wireless internet, and cell phone range extension, for example.

NONCONFORMING SIGN: A SIGN that does not conform to a provision or requirement of this Chapter, but which was lawfully established prior to the time of its applicability.

NONCONFORMING STRUCTURE: A STRUCTURE that does not conform to a provision or requirement of this Chapter, but was lawfully established prior to the time of its initial applicability.

NONCONFORMING USE: A USE that does not conform to a provision or requirement of this Chapter, but was lawfully established prior to the time of its initial applicability.

NO-RISE CERTIFICATION: A record of the results of an engineering analysis conducted to determine whether a project will increase FLOOD heights in a FLOODWAY. A NO-RISE CERTIFICATION shall be supported by technical data and signed by a registered Colorado professional engineer. The supporting technical data should be based on the computer program model used to develop the 100-YEAR FLOODWAY shown on the FIRM or FHBM.

NOXIOUS WEEDS: Includes one (1) or more annual, biennial or perennial plants which are causing or may cause damage or loss to a considerable portion of land or LIVESTOCK in the COUNTY. Includes, but is not limited to, those species referenced in Section 15-1-40 of this Code.

NUDE, STATE OF NUDITY: A person appears NUDE or in a STATE OF NUDITY when such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breasts below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.

OBSTRUCTION: Any STRUCTURE, growth or other object, including a mobile object, which exceeds a limiting HEIGHT set forth in Section 23-5-30.

OFFICE: A room, studio, suite or BUILDING in which a person transacts his or her business or carries on his or her stated occupation, including but not limited to accounting, correspondence, telephone answering, research, editing, administration or analysis; or the conduct of a business by salesmen, sales representatives or manufacturer's representatives, professionals such as engineers, architects, planners, land surveyors, artists, musicians, lawyers, accountants, real estate brokers, insurance agents and doctors.

OFFSET: The horizontal distance between any BUILDING or STRUCTURE, as measured from the farthest projection of the BUILDING or STRUCTURE, except for window wells, air conditioners, gutters, downspouts, or fences, and a LOT line, other than a STREET/ROAD RIGHT-OF-WAY line. For the purposes of enforcing OFFSETS only, ALLEYS shall not be considered STREETS/ROADS.

OIL AND GAS FACILITY: As defined in Chapter 21, Article V.

OIL AND GAS STORAGE FACILITY: One (1) or more tanks which receive and store oil or gas from sources other than direct from the oil and gas well.

OIL AND GAS SUPPORT AND SERVICE: Establishments principally engaged in serving the oil and gas industry, including but not limited to:

a.

Class I Underground Injection Control (UKIC) wells, as defined by the US Environmental Protection Agency,

b.

Natural gas compressor stations,

c.

Natural gas processing facilities, including liquification (LNG) facilities,

d.

Oil and gas company OFFICES,

e.

OUTDOOR STORAGE yards for oil and gas equipment, including pipe laydown yards and parking/storage of drilling rigs, etc.,

f.

Trucking companies principally engaged in the hauling of drilling rigs, oil and gas, pipe for use in drilling, water, etc.

OIL AND GAS SUPPORT AND SERVICE excludes the following:

a.

Manufacturing and HEAVY MANUFACTURING, including pipe manufacturers,

b.

OIL AND GAS FACILITIES,

c.

OIL AND GAS STORAGE FACILITIES,

d.

PETROLEUM REFINERIES and coal gasification facilities,

e.

Pipelines and appurtenant facilities transporting petroleum products,

f.

TRANSLOADING,

g.

UTILITY SERVICE FACILITIES.

ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITY: Facilities where animal manure and other biodegradable materials are brought from other properties for composting. This definition shall not include composting of materials produced solely on-site and meeting exemptions from Class I, II, III compost facilities defined under the Solid Waste Regulations.

OUTDOOR STORAGE: The outdoor placement or leaving of goods for future use, preservation or disposal, or the renting of space for storage of RECREATIONAL VEHICLES, boats, and camper trailers.

OUTLOT: A LOT shown on a land survey plat recorded in the Office of the Weld County Clerk and Recorder that is described or referred to on the plat as "OUTLOT," and may be limited to certain USES described on the plat. OUTLOTS are not eligible for the issuance of building permits to construct residential STRUCTURES or STRUCTURES not otherwise authorized on the plat.

OVERLAY ZONING DISTRICT: A zoning district superimposed over the UNDERLYING ZONING DISTRICT which places further restrictions upon land USES. These restrictions are intended to protect the public health, safety and welfare from man-made and natural disasters such as airplane accidents and GEOLOGIC HAZARDS. DEVELOPMENTS within the OVERLAY ZONING DISTRICT shall conform to the requirements of both the OVERLAY ZONING DISTRICT(S) and the UNDERLYING ZONING DISTRICT.

PARKING LOT: An area used for temporary daily or overnight storage of vehicles, including drive aisles between the parking spaces, which is not located in a dedicated PUBLIC RIGHT-OF-WAY, a travel lane, a service drive or any easement for PUBLIC ingress or egress.

PETROLEUM REFINERY: An industrial process plant where crude oil is processed and refined into more useful products; such as, petroleum naphtha, gasoline, diesel fuel, asphalt base, heating oil, kerosene and liquefied petroleum gas.

PET CREMATORY: A business or nonprofit agency engaging in the incineration of deceased HOUSEHOLD PETS.

PET SHOP: A RETAIL/SERVICE ESTABLISHMENT wherein the primary occupation is the retail sale or grooming of HOUSEHOLD PETS or the sale of pet supplies.

PHYSICAL MAP REVISION (PMR): An official revision to currently effective FEMA maps. PMRs are issued by FEMA and document changes to FLOOD zones, delineations and elevations. PMRs generally cover more than one (1) FIRM panel.

PIPELINE - DOMESTIC WATER: Any pipeline sixteen (16) inches in diameter or larger and appurtenant components thereof (such as valves or pump stations) designed for transporting DOMESTIC WATER in such pipeline and extending to locations outside of Weld County, excluding:

a.

Pipelines that transport or will transport DOMESTIC WATER to one (1) or more municipalities, the boundaries or populations of which were, on September 1, 2016, located primarily within the COUNTY.

b.

Pipelines owned or to be owned by one (1) or more municipalities, the boundaries or populations of which were, on September 1, 2016, located primarily within the COUNTY, which transport or will transport DOMESTIC WATER for use in an adjacent county consistent with individual water tap or other agreements.

c.

Pipelines that are part of an irrigation ditch, canal, reservoir, or well system that transport less than fifty percent (50%) of the system's total water as DOMESTIC WATER.

PLANNED UNIT DEVELOPMENT (PUD): A DEVELOPMENT zoned PUD and platted in accordance with Chapter 27 of this Code and the Planned Unit Development Act of 1972 in C.R.S. §§ 24-67-101, et seq.

PORTABLE SIGN: Any SIGN greater than six (6) square feet that is designed to be transported, including, but not limited to, SIGNS designed to be transported by means of wheels.

POULTRY: Any domesticated birds raised for their eggs, meat, feathers, or other products, but excluding ostriches, emus, and raptors.

POWER PLANT: Any electrical generating facility with an energy generation capacity less than fifty (50) megawatts, and any facilities appurtenant thereto, or any expansion, extension or enlargement thereof increasing the existing design capacity but still less than fifty (50) megawatts.

PRECISION INSTRUMENT RUNWAY: A RUNWAY having an existing instrument approach procedure utilizing an Instrument Landing System (ILS). It also means a RUNWAY for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

PRIMARY SURFACE: A surface longitudinally centered on a RUNWAY extending two hundred (200) feet beyond each end of that RUNWAY. The elevation of any point on the PRIMARY SURFACE is the same as the elevation of the nearest point on the RUNWAY centerline. The width of a PRIMARY SURFACE is:

a.

Two hundred fifty (250) feet for VISUAL RUNWAYS.

b.

One thousand (1,000) feet for PRECISION INSTRUMENT RUNWAYS.

PRINCIPALLY EMPLOYED or PRINCIPALLY ENGAGED: This definition applies to an employee who is PRINCIPALLY EMPLOYED at or PRINCIPALLY ENGAGED in the employment activities occurring on the subject property. This subject property shall be under review for a Zoning Permit for a MANUFACTURED HOME to be used as an annual ACCESSORY FARMING USE, or for activities and USES as a Use by Special Review.

PROCESSING: An activity associated with the transformation of materials or substances into new products, which may include blending of gases and liquids.

PROPERTY: All real PROPERTY subject to land USE regulation by a LOCAL GOVERNMENT, including regulation of exploration and extraction oil and gas mineral resources contained in Article V of Chapter 21 of this Code.

PUBLIC: When used as modifying a STRUCTURE, activity or purpose, means a STRUCTURE, activity or purpose owned or operated by a government agency or by a nonprofit corporation with tax-exempt status under the Federal Internal Revenue Code, if the nonprofit corporation makes the STRUCTURE or facility available for the USE of all members of the PUBLIC without regard to membership status.

PUBLIC SEWER: Transmission, storage, treatment, collection or distribution facilities constructed, operated or maintained by any district or municipality for the purpose of providing common sewer service facilities, in which sewage is carried from individual LOTS by a system of pipes to a SEWAGE TREATMENT PLANT.

PUBLIC WATER: A system providing potable water for human consumption through a water users' association in existence as of July 23, 2025, a municipality, a water district, or a Title 32 special district approved in accordance with Article XIV of Chapter 2 of this Code.

RACING FACILITIES: An establishment where animal, motorized vehicle, or bicycle races are conducted outdoors, including ACCESSORY BUILDINGS or USES, such as spectator seating, food vendors, and parking, but excluding facilities on PUBLIC SCHOOL property, tracks exclusively for pedestrians, and facilities not open to the public.

RECREATIONAL FACILITIES: The following classes of recreational facilities have the following meanings:

a.

PUBLIC RECREATIONAL FACILITIES: Includes, but is not limited to, PUBLIC parks, zoos, swimming pools, golf courses, and other such facilities owned or operated by or under the direction of a government agency or a nonprofit corporation.

b.

PRIVATE RECREATIONAL FACILITIES: Includes, but is not limited to, golf courses, tennis courts, swimming pools, country clubs, and RECREATIONAL FACILITIES for fraternal organizations, all of which are owned and operated by either nonprofit organizations with a limited membership or by private persons who own the facilities and are the only users of them. PRIVATE RECREATIONAL FACILITIES do not include rodeos, roping arenas, RACING FACILITIES, or SHOOTING RANGES.

c.

COMMERCIAL RECREATIONAL FACILITIES: Includes, but is not limited to, bowling alleys, health spas, swimming pools, tennis courts, golf courses, miniature golf facilities, or WATER SKIING, all of which are operated on a COMMERCIAL basis by the paying public. COMMERCIAL RECREATIONAL FACILITIES do not include rodeos, roping arenas, RACING FACILITIES, or SHOOTING RANGES.

RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled vehicle with or without flexible, removable or collapsible walls and partitions, which is:

a.

Built on a single chassis;

b.

Four hundred (400) square feet or less when measured at the largest horizontal projection;

c.

Designed to be self-propelled or permanently towable by a light-duty truck; and

d.

Not primarily designed for USE as a permanent dwelling but instead as temporary living quarters for recreational, CAMPING, travel or seasonal USE.

The term RECREATIONAL VEHICLE shall include: motor home, camper bus and travel trailer, but shall not include pickup trucks with camper shells that do not extend above the cab of the truck. A RECREATIONAL VEHICLE shall not be used for TEMPORARY Storage, TEMPORARY ACCESSORY FARMING USE, TEMPORARY ACCESSORY USE During a Medical Hardship, TEMPORARY ACCESSORY USE as an OFFICE, or as a DWELLING UNIT, except in association with a zoning permit for TEMPORARY USE during construction of a permanent residence.

REFERRAL: A portion of a COMPLETE APPLICATION given to a REFERRAL agency for review of a case. The REFERRAL information may contain only portions or elements of the COMPLETE APPLICATION.

REPAIR SERVICE ESTABLISHMENT: Any BUILDING wherein the primary occupation is the repair and general service of common home appliances such as musical instruments, sewing machines, televisions and radios, washing machines, vacuum cleaners, power tools, electric razors, refrigerators and lawnmowers not exceeding four thousand (4,000) watts or five (5) horsepower, or any place wherein the primary occupation is interior decorating, including reupholstering, furniture repair and the making of draperies, slipcovers and similar articles.

RESEARCH LABORATORY: A facility for scientific research in technology-intensive fields. Examples include, but are not limited to, biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coating fibers, films, heat transfer and radiation research facilities.

RESIDENTIAL THERAPEUTIC CENTER: A DWELLING UNIT which is not specifically designated as a GROUP HOME FACILITY and which provides a community living environment for individuals requiring custodial care, medical treatment or specialized social services. This definition includes any number of people who live together who lack the ability to live independently, or who have been ordered into the facility by a court of competent jurisdiction, and who require the support, supervision and care of adults who may not be related. The definition includes, but is not limited to, the following: specialized group child care home, facility or center; residential child care facility; residential treatment facility; shelters for the homeless; shelters from domestic violence; residential facilities for those living together as a result of criminal offenses; and homes for individuals that are HIV positive or afflicted with the AIDS Virus. This definition does not include CORRECTIONAL FACILITIES.

RESTAURANT: An establishment that furnishes, for compensation, food and drinks of any kind for consumption. A TEMPORARY snack bar or refreshment stand at a PUBLIC or nonprofit RECREATIONAL FACILITY and for the convenience of patrons of the facility shall not be deemed to be a RESTAURANT.

RETAIL/SERVICE ESTABLISHMENT: Includes a variety of businesses engaging in COMMERCIAL sales, rentals, and services, but excluding ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENTS, BREW PUBS, CHILD CARE CENTERS, LUMBERYARDS, NIGHTCLUB, BAR, LOUNGE or TAVERN, REPAIR SERVICE ESTABLISHMENTS, RESTAURANTS, VEHICLE SERVICE/REPAIR ESTABLISHMENTS, and VEHICLE RENTAL AND SALES ESTABLISHMENTS.

RIGHT-OF-WAY: That portion of land dedicated to public use for STREET/ROAD and/or utility purposes and accepted by the Board of County Commissioners as required by Section 8-6-150 of this Code or by the State or a municipality.

RUNWAY: The area of the GREELEY-WELD COUNTY AIRPORT constructed and used for landing and takeoff of aircraft along its length.

SCHOOL: Includes any one (1) or more of the following categories: a PUBLIC SCHOOL (which may include PUBLIC SCHOOL extension classes), community college, junior college, college or university; an independent or parochial SCHOOL which satisfies the compulsory SCHOOL attendance requirements appearing in the School Attendance Law of 1963, Title 22, Article 33, C.R.S.; or a COMMERCIAL SCHOOL, as defined herein.

SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials used with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding USES.

SEMI-TRAILER: Any wheeled vehicle, without motor power, that is designed to be used in conjunction with a laden or unladen truck tractor so that some part of its own weight and that of its cargo load rests upon, or is carried by, such laden or unladen truck tractor and that is generally and commonly used to carry and transport property over PUBLIC highways and STREETS/ROADS.

SETBACK: The horizontal distance between any BUILDING or STRUCTURE, as measured from the farthest projection of the BUILDING or STRUCTURE, except for window wells, air conditioners, gutters, downspouts, or fences, and the established PUBLIC or private STREET/ROAD RIGHT-OF-WAY line other than that of an ALLEY. If the abutting PUBLIC STREET/ROAD is designated by the Transportation Plan adopted in Chapter 8 of this Code as a collector or arterial STREET/ROAD, then the SETBACK shall be measured from the future right-of-way line. The minimum required RIGHT-OF-WAY width is found in Section 8-8-10 of this Code. No STRUCTURES shall be allowed in RIGHT-OF-WAY. It shall be the responsibility of the property owner to locate the RIGHT-OF-WAY lines. Setbacks for Solar Energy Facilities are set forth in Section 23-4-1030 of this Code.

SEWAGE TREATMENT PLANT: A facility designed for the collection, removal, treatment and disposal of water-borne sewage generated within a given service area.

SHOOTING RANGE - INDOOR: A COMMERCIAL facility designed or used for shooting at targets with rifles, pistols, or shotguns, and which is completely ENCLOSED within a BUILDING.

SHOOTING RANGE - OUTDOOR: The COMMERCIAL USE of land for archery and/or the discharging of firearms for the purpose of target practice, skeet or trap shooting, or temporary competition, such as turkey shoots. Excluded from this use type shall be general HUNTING and unstructured and occasional discharging of firearms on private property with the property owner's permission.

SIGN: Any object, device, display, STRUCTURE or part thereof that includes (or is specifically designed to include) lettered, pictorial, or sculptured matter that is intended to convey information to people on a sidewalk, in a parking lot, on a PUBLIC STREET/ROAD or other RIGHT-OF-WAY, or on nearby property.

SITE SPECIFIC DEVELOPMENT PLAN: A Use by Special Review (including OPEN MINING and MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY), PLANNED UNIT DEVELOPMENT Final Plan, SUBDIVISION final plat, resubdivision, rural land division, or minor SUBDIVISION application which has been submitted to the COUNTY and receives approval or conditional approval by the Board of County Commissioners, or by the Planning Commission in the case of MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY. SITE-SPECIFIC DEVELOPMENT PLAN includes 1041 WOGLA Permits issued pursuant to the provisions of Article V of Chapter 21 of this Code and permits for 1041 Solar Energy Facilities approved pursuant to the provisions of Article VII of Chapter 21 of this Code. Final or conditional approval by the Board of County Commissioners creates vested rights pursuant to Article 68 of Title 24, C.R.S. No other type of land use application shall be considered a SITE SPECIFIC DEVELOPMENT PLAN.

SOLAR ENERGY FACILITY [SEF]: means a commercial facility whose primary purpose is to supply electricity and consists of one or more solar arrays and other accessory structures, equipment, including substations, switchyards, battery storage, electrical infrastructure, generators, transmission lines, communications infrastructure, and other appurtenant structures and/or facilities. A SEF of less than five (5) acres in size (5 ACRE SEF) is governed by the procedures set forth in Division 6 of this Chapter 23. A SEF in the Near/Urban Area as shown on Appendix 21-B being more than five (5) acres in size but less than one-hundred sixty (160) acres, or in the Ag/Rural Area as shown on Appendix 21-B being more than five (5) acres but less than three-hundred twenty (320) acres, is governed by the procedures set forth in Article II, Division 4 of this Code. A 1041 SEF is only allowed by permit, pursuant to Article VI of Chapter 21 of this Code, and shall have an Improved Area of more than one-hundred sixty (160) acres in the Near/Urban Area as shown on Appendix 21-B, or more than three-hundred twenty (320) acres in the Ag/Rural Area as shown on Appendix 21-B. This definition shall not include roof and/or ground mounted solar systems located on permitted PRINCIPAL and ACCESSORY BUILDINGS and designed to supply power to the principle USE(S) onsite.

SPECIAL FLOOD HAZARD AREA (SFHA): The land in the 100-YEAR FLOODPLAIN within the COUNTY subject to a one percent (1%) or greater chance of FLOODING in any given year. The area may be designated as Zone A, A1-30, AE, AH, and AO on the FIRM or FHBM. SPECIAL FLOOD HAZARD AREAS are periodically amended by FEMA via a LETTER OF MAP CHANGE.

START OF CONSTRUCTION (pertaining to BUILDINGS or STRUCTURES): The date the building permit was issued, including building permits for SUBSTANTIAL IMPROVEMENTS, provided that the actual START OF CONSTRUCTION, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a STRUCTURE on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a MANUFACTURED HOME on a foundation. Permanent construction does not include land preparation, such as clearing, grading and FILLING; nor does it include the installation of STREETS/ROAD and/or walkways; nor does it include excavation for a BASEMENT, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of ACCESSORY BUILDINGS, such as garages or sheds not occupied as DWELLING UNITS or not part of the main STRUCTURE. For SUBSTANTIAL IMPROVEMENTS, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of a BUILDING, whether or not that alteration affects the external dimensions of the BUILDING.

STORAGE AREA: Any facility, including appurtenant facilities, designed to store fifty million (50,000,000) cubic feet or more of natural gas or similar petroleum derivatives, or one hundred thousand (100,000) barrels or more of liquid petroleum derivatives.

STREET/ROAD: A strip of land intended for vehicular USE and providing principal means of access to LOTS.

STRUCTURE: Anything that is built, constructed or erected, an edifice or BUILDING of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including poles, lines, cables or distribution facilities of PUBLIC utilities. The term includes an object, including a mobile object, constructed or installed by man, including but without limitation, BUILDINGS, towers, cranes, smokestacks, earth formations, overhead ELECTRIC TRANSMISSION LINES, gas or storage tanks that are principally above ground, and solar collectors, buildings and substations on SOLAR ENERGY FACILITIES (SEF'S).

SUBDIVISION: For the purposes of this Chapter 23 only, the term "SUBDIVISION" means land that has been split into separate LOTS with prior COUNTY approval of a plat:

a.

Recorded in the office of the Weld County Clerk and Recorder between September 20, 1961, and December 10, 1992, and meeting the definition of "subdivision" of the Official Subdivision Regulations, Weld County, Colorado, as amended (referred to as the "Weld County Subdivision Regulations");

b.

Recorded in the office of the Weld County Clerk and Recorder between December 10, 1992, and December 18, 2000, and meeting the definition of "subdivision" of the Weld County Subdivision Ordinance, Ordinance No. 173, as amended; or

c.

Recorded in the office of the Weld County Clerk and Recorder after December 18, 2000, and meeting the definition of "subdivision" of Chapter 24 of the Weld County Code.

See also HISTORIC TOWNSITE.

SUBSTANTIAL DAMAGE: Damage of any origin sustained by a STRUCTURE whereby the cost of restoring the STRUCTURE to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the STRUCTURE just prior to when the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a STRUCTURE, the cost of which equals or exceeds fifty (50) percent of the market value of the STRUCTURE before the START OF CONSTRUCTION of the improvement. This includes STRUCTURES which have incurred SUBSTANTIAL DAMAGE, regardless of the actual repair work performed. The term does not, however, include either:

a.

Any project for improvement of a STRUCTURE to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

b.

Any alteration of a HISTORIC STRUCTURE, provided that the alteration will not preclude the STRUCTURE'S continued designation as a HISTORIC STRUCTURE.

SUBSTATION: Any facility designed to provide switching, voltage transformation or voltage control required for the transmission of electricity which has an incoming or outgoing power line which is more than sixty-nine (69) kV.

TANK BATTERY: One (1) or more storage tanks which receive and store oil or gas directly from and as it is produced by a well.

TELECOMMUNICATION ANTENNA: An exterior transmitting or receiving device used in telecommunications that radiates or captures telecommunication signals.

TELECOMMUNICATION ANTENNA, ATTACHED: An antenna mounted on an existing BUILDING, silo, smokestack, water tower, utility or power pole or a support STRUCTURE other than a TELECOMMUNICATION ANTENNA TOWER.

TELECOMMUNICATION ANTENNA TOWER, CONCEALED: An antenna with a support STRUCTURE that screens or camouflages the presence of the antenna and tower from public view in a manner appropriate to the site's context and surrounding environment. Examples of concealed antenna towers include grain silos, clock towers, and similar STRUCTURES.

TELECOMMUNICATION ANTENNA TOWER: Any STRUCTURE that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including camouflaged, lattice, guy or monopole TELECOMMUNICATION ANTENNA TOWERS. This includes radio and television transmission, microwave, and common-carrier, personal communications service (PCS), cellular telephone, and/or alternative TELECOMMUNICATION ANTENNA TOWERS, and the like. This definition does not include any STRUCTURE erected solely for a residential, noncommercial individual use, such as television antennas, satellite dishes or NONCOMMERCIAL TOWERS.

TELECOMMUNICATION ANTENNA TOWER HEIGHT: The distance from the finished grade at the TELECOMMUNICATION ANTENNA TOWER base to the highest point of the TELECOMMUNICATION ANTENNA TOWER. Overall TELECOMMUNICATION ANTENNA TOWER height includes the base pad, mounting STRUCTURES and panel antennas but excludes lightning rods and whip antennas.

TELECOMMUNICATION FACILITIES: Include TELECOMMUNICATION ANTENNAS; TELECOMMUNICATION ANTENNAS, ATTACHED; TELECOMMUNICATION ANTENNA TOWERS, CONCEALED; and TELECOMMUNICATION ANTENNA TOWERS.

TEMPORARY: Six (6) months or less.

TEMPORARY STRUCTURE: Anything constructed in such a manner that it would commonly be expected to have relatively short useful life or is built for a purpose that would commonly be expected to be relatively short-term.

THEATER: A BUILDING or STRUCTURE designed for USES such as the enactment of live performances and/or the showing of motion pictures.

TRAINING FACILITY: A facility in which HOUSEHOLD PETS or LIVESTOCK not owned by the property owner are trained.

TRANSITIONAL SURFACES: These surfaces extend outward at ninety-degree angles to the RUNWAY centerline and the RUNWAY centerline extended at a slope of seven (7) feet horizontally for each one (1) foot vertically from the sides of the PRIMARY and APPROACH SURFACES to where they intersect the HORIZONTAL and CONICAL SURFACES. TRANSITIONAL SURFACES for those portions of the precision APPROACH SURFACES, which project through and beyond the limits of the CONICAL SURFACE, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the APPROACH SURFACE and at ninety-degree angles to the extended RUNWAY centerline.

TRANSITIONAL ZONE: The area described as TRANSITIONAL ZONE in Section 23-5-20.

TRANSLOADING: A process of transferring a commodity from one (1) mode of Transportation to another whose primary activity includes the following kinds of USES:

a.

Rail and truck transloading of commodities and materials, including, without limitation, those for the agricultural and oil and gas industries, and including but not limited to grains, petroleum products, sand, pipe and indoor storage related to the same.

TREE: Any object of natural growth.

TRUCK WASHOUT FACILITIES, COMMERCIAL: An establishment providing COMMERCIAL cleaning of trucks and SEMI-TRAILERS.

UNDERLYING ZONING DISTRICT: The zone districts designated on the Official Zoning Map of Weld County. These zone districts regulate the height and bulk of BUILDINGS and the USE of land in the unincorporated areas of the County.

USE: Any purpose for which a STRUCTURE or a tract of land may be designed, arranged, intended, maintained or occupied; also any activity, occupation, business or operation which is carried on in or on a STRUCTURE or on a tract of land.

UTILITY RUNWAY: A RUNWAY that is constructed for and intended to be used by propeller-driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.

UTILITY SERVICE FACILITY: PUBLIC utility mains, lines, gas regulator stations, PUBLIC lift or pumping stations for PUBLIC WATER and PUBLIC SEWER service, and ACCESSORY STRUCTURES where no PUBLIC OFFICE, repair or storage facilities are operated or maintained.

VARIANCE: A grant of relief to a person from a requirement or requirements of this Chapter or Chapter 27 when specific enforcement would result in unnecessary hardship. A VARIANCE, therefore, permits construction or DEVELOPMENT in a manner otherwise prohibited by this Chapter or Chapter 27.

VEHICLE RENTAL ESTABLISHMENT: Any USE of property primarily for the rental of vehicles such as automobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES, boats, farm machinery construction equipment and other heavy rolling stock; and whereon such vehicles are stored.

VEHICLE SALES ESTABLISHMENT: Any USE of property for the sale of vehicles such as automobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES, MANUFACTURED HOMES, boats, farm machinery, construction equipment and other heavy rolling stock.

VEHICLE SERVICE/REPAIR ESTABLISHMENT: Any USE of property whereon vehicles such as automobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES, MANUFACTURED HOMES, boats, machinery, construction equipment and other rolling stock are serviced and repaired, including body work, welding and painting.

VESTED PROPERTY RIGHT: The right to undertake and complete the DEVELOPMENT and USE of property under the terms and conditions of a SITE-SPECIFIC DEVELOPMENT PLAN.

VIOLATION: The failure of a STRUCTURE or other DEVELOPMENT to be fully compliant with this Chapter.

VISUAL RUNWAY: A RUNWAY intended solely for the operation of aircraft using visual approach procedures.

WATERCOURSE: A natural or artificial channel through which stormwater or FLOOD water can flow, either regularly or infrequently.

WATER SKIING: An aquatic recreational activity that is typically associated with a body of water and a motorboat and personal water craft.

WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or other datum, where specified, of FLOODS of various magnitudes and frequencies in the FLOODPLAINS or riverine areas.

WATERTIGHT: Impermeable to the passage of water and capable of resisting the hydrostatic and hydrodynamic loads and the effects of buoyancy during a BASE FLOOD.

WHOLESALE TRADE ESTABLISHMENT: Any BUILDING wherein the primary occupation is the sale of merchandise for resale.

WIND GENERATOR: A generator specifically designed to convert the kinetic energy in wind into electric energy. A WIND GENERATOR may include a generator, tower and associated control or conversion electronics. The height of a wind tower is measured at the hub of the generator.

WINERY: Any establishment licensed pursuant to the provisions of Title 44, Article 3, C.R.S., where vinous liquors are manufactured; except a vintner's restaurant licensed pursuant to C.R.S. Section 44-3-422. "Vinous liquors" are defined in C.R.S. Section 44-3-103(59).

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2001-8; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2004-5; Weld County Code Ordinance 2005-01; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2007-1; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2008-16; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2011-3; Weld County Code Ordinance 2011-9; Weld County Code Ordinance 2012-1; Weld County Code Ordinance 2012-3; Weld County Code Ordinance 2012-4; Weld County Code Ordinance 2013-10; Weld County Code Ordinance 2013-15; Weld County Code Ordinance 2015-7; Weld County Code Ordinance 2015-11; Weld County Code Ordinance 2015-1; Weld County Code Ordinance 2015-20; Weld County Code Ordinance 2015-21; Weld County Code Ordinance 2015-25; Weld County Code Ordinance 2015-26; Weld County Code Ordinance 2015-27; Weld County Code Ordinance 2016-07; Weld County Code Ordinance 2016-11; Weld County Code Ordinance 2017-08; Weld County Code Ordinance 2018-03; Weld County Code Ordinance 2018-05; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2019-11; Weld County Code Ordinance 2019-18; Weld County Code Ordinance 2020-11; Weld County Code Ordinance 2020-15; Weld County Code Ordinance 2020-16; Weld County Code Ordinance 2021-06; Weld County Code Ordinance 2020-20; Weld County Code Ordinance 2021-09; Weld County Code Ordinance 2021-15; Weld County Code Ordinance 2021-16; Weld County Code Ordinance 2022-01; Weld County Code Ordinance 2022-05; Weld County Code Ordinance 2022-08; Weld County Code Ordinance 2023-03; Weld County Code Ordinance2023-12; Weld County Code Ordinance 2024-04; Weld County Code Ordinance 2024-10; Weld County Code Ordinance 2024-18; Weld County Code Ordinance 2025-08)