A.

The Board of County Commissioners may amend the Official Zoning Map of Weld County. All requests for such changes of zone must be reviewed by the Planning Commission, whose recommendation shall be sent to and considered by the Board of County Commissioners. Such amendments shall be made in compliance with state statutes and with COUNTY procedures and regulations as established herein.

B.

In addition to the Board of County Commissioners, only the fee owner of a LEGAL LOT may request amendment of the Official Zoning Map of the COUNTY (a Change of Zone) for said property.

C.

Any person filing an application for a Change of Zone is required to comply with the appropriate procedures and regulations as stated in this Section; provided, however, that when the Board of County Commissioners desires to undertake a rezoning, to create and apply new zoning districts or to change the definitions of the various zoning districts, the only public notice requirement shall be publication in the newspaper designated by the Board of County Commissioners for publication of legal notices.

D.

Applications for a Change of Zone shall be completed as set forth in Section 23-2-50 below; provided, however, that any zone change initiated by the Board of County Commissioners shall only be required to meet the applicable requirements of Section 23-2-40.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2022-04)

A.

Any person wanting to apply for a Change of Zone shall arrange for a preapplication conference with the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for Change of Zone in the unincorporated areas of the COUNTY. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below.

B.

Upon determination that the application submittal is complete, the Department of Planning Services shall:

1.

Refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Change of Zone. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for Change of Zone rests with the Board of County Commissioners.

2.

Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with Chapter 22 of this Code and the Comprehensive Plan or MASTER PLAN of affected municipalities, Intergovernmental Agreements, sound land USE planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter.

3.

Set a Planning Commission hearing date and a Board of County Commissioners hearing date.

4.

An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not required, but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors.

5.

Arrange for legal notice of hearings to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the rezoning is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing.

6.

Give notice of the proposed Change of Zone and the public hearing dates to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled Planning Commission public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification.

7.

A sign shall be posted for the applicant on the property under consideration for a rezoning. The sign shall be posted adjacent to and visible from a PUBLIC STREET/ROAD RIGHT-OF-WAY. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, one (1) sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign shall be posted at least ten (10) days prior to the Planning Commission hearing and evidenced with a photograph. The sign will include the following information.

a.

Rezoning request number.

b.

Date, place and time of public hearings.

c.

Location and phone number of the public office where additional information may be obtained.

d.

Applicant's name.

e.

Size of the parcel of land.

f.

Type of rezoning request.

C.

An electronic version of the Official Weld County Zoning Map, which includes all of the rezoning approvals made by the Board of County Commissioners, shall be maintained. The map shall be available for public inspection with the Department of Planning Services and online.

D.

Submit to the County Clerk and Recorder the rezoning plat as required in Subsection 23-2-50.D for recording.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2008-8; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2022-04)

A.

The Planning Commission shall hold a hearing to consider the application for the Change of Zone. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested change. The Planning Commission shall recommend approval of the request for the Change of Zone only if it finds that the applicant has met the standards or conditions of this Subsection A and Section 23-2-50. The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Section 23-2-50 are met. The applicant shall demonstrate:

1.

That the proposal is consistent with Chapter 22 of this Code; if not, then that the zoning of the property under consideration is faulty, or that changing conditions in the area warrant a Change of Zone.

2.

That the USES which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land USES.

3.

That adequate water and sewer service can be made available to the site to serve the USES permitted within the proposed zone district.

4.

For zoning amendments to any zone district other than A (Agriculture), unpaved STREETS/ROADS providing access to the subject parcels shall have a minimum 26-foot-wide travel surface with a minimum 4-inch depth of aggregate surface course (gravel) and a minimum RIGHT-OF-WAY width of sixty (60) feet. Otherwise, the rezoning shall only be approved on the condition that the applicant shall enter into an Improvements Agreement prior to recording the Change of Zone plat. Such agreement shall be in conformance with Appendix 8-N, Transportation Plan, and Chapter 8, Article II, both of this Code. The Improvements Agreement shall provide for the road to be improved to a minimum of 26-foot-wide travel surface with a minimum 4-inch depth of aggregate surface course (gravel) and a minimum RIGHT-OF-WAY width of sixty (60) feet prior to the recording of any land use permit map or issuance of any building permit, access permit, or grading permit, whichever comes first, and shall be re-evaluated for compliance with any additional improvements upon submittal of an application for a land use permit, building permit, access permit, or grading permit. Additional improvements, if necessary, may require an amended or new Improvements Agreement documenting additional requirements. No land use permit, building permit, access permit, or grading permit shall be issued without review of the Improvements Agreement.

5.

That, in those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards:

a.

If the proposed Change of Zone is located within any OVERLAY ZONING DISTRICT identified by maps officially adopted by the COUNTY, that the applicant has demonstrated compliance with the COUNTY regulations concerning OVERLAY ZONING DISTRICTS. Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application.

b.

That the proposed rezoning will not permit the USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT in a manner which would interfere with the present or future extraction of such deposit by an EXTRACTOR to any greater extent than under the present zoning of the property.

c.

If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, that such limitations can be overcome and that the limitations will be addressed by the applicant and/or the applicant's successors or assigns prior to the DEVELOPMENT of the property.

B.

The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Board of County Commissioners within ten (10) days after said recommendation has been made.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2016-5; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2022-04; Weld County Code Ordinance 2025-08)

A.

Reserved.

B.

The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Change of Zone, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Change of Zone only if it finds that the applicant has met the standards or conditions of Paragraphs 1. through 5. below and Section 23-2-50. The applicant has the burden of proof to show that the standards and conditions of Paragraphs 1. through 5. below and Section 23-2-50 are met. The applicant shall demonstrate:

1.

That the proposal is consistent with the policies of Chapter 22 of this Code; if not, then that the zoning of the property under consideration is faulty, or that changing conditions in the area warrant a Change of Zone.

2.

That the USES which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land USES.

3.

That adequate water and sewer service can be made available to serve the site. If the rezoning is approved, the applicant shall demonstrate, prior to issuance of building permits on the site, that the water and sewer services are available at the site and are adequate and appropriate to meet the DEVELOPMENT requirements.

4.

For zoning amendments to any zone district other than A (Agriculture), unpaved STREETS/ROADS providing access to the subject parcels shall have a minimum 26-foot-wide travel surface with a minimum 4-inch depth of aggregate surface course (gravel) and a minimum RIGHT-OF-WAY width of sixty (60) feet. Otherwise, the rezoning shall only be approved on the condition that the applicant shall enter into an Improvements Agreement prior to recording the Change of Zone plat. Such agreement shall be in conformance with Appendix 8-N, Transportation Plan, and Chapter 8, Article II, both of this Code. The Improvements Agreement shall provide for the road to be improved to a minimum of 26-foot-wide travel surface with a minimum 4-inch depth of aggregate surface course (gravel) and a minimum RIGHT-OF-WAY width of sixty (60) feet prior to the recording of any land use permit map or issuance of any building permit, access permit, or grading permit, whichever comes first, and shall be re-evaluated for compliance with any additional improvements upon submittal of an application for a land use permit, building permit, access permit, or grading permit. Additional improvements, if necessary, may require an amended or new Improvements Agreement documenting additional requirements. No land use permit, building permit, access permit, or grading permit shall be issued without review of the Improvements Agreement.

5.

That, in those instances where the following characteristics are applicable to the rezoning request, the applicant had demonstrated compliance with the applicable standards:

a.

If the proposed Change of Zone is located within any OVERLAY ZONING DISTRICT identified by maps officially adopted by the COUNTY, that the applicant has demonstrated compliance with the COUNTY regulations concerning OVERLAY ZONING DISTRICTS. Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application.

b.

That the proposed rezoning will not permit the USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT as defined by state statutes in a manner which would interfere with the present or future extraction of such deposit by an EXTRACTOR to any greater extent than under the present zoning of the property.

c.

If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, that such limitations will be addressed by the applicant and/or the applicant's successors or assigns prior to DEVELOPMENT of the property.

C.

Upon the Board of County Commissioners making its final decision, a resolution setting forth that decision will be drafted and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2016-5; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2022-04; Weld County Code Ordinance 2025-08)

A.

The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Chapter.

B.

The following information shall be submitted on an application form which may be obtained from the Department of Planning Services:

1.

Name, address and telephone number of the applicant.

2.

Name and address of the fee owners of the property proposed for the Change of Zone if different from above.

3.

Legal description of the property under consideration as provided by a Professional Land Surveyor licensed to do business in the state.

4.

Total acreage of the parcel under consideration.

5.

Address of the parcel, if available.

6.

Present zone and OVERLAY ZONING DISTRICT, if appropriate.

7.

Proposed zone.

8.

Signatures of the applicant and fee owners or their authorized legal agent.

9.

A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date.

10.

The written certification required by Section 24-65.5-103.3, C.R.S., if applicable. Such certification may be submitted on the date of the initial public hearing referred to in Section 24-65.5-103(1), C.R.S.

11.

Such additional information as may be required by the Planning Commission or the Board of County Commissioners in order to determine that the application meets the standards and policies set forth in this Chapter and in Chapter 22 and any other applicable code provision or ordinance in effect.

12.

The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent property taxes for the parcel area.

13.

The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property.

14.

The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site. If such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made.

15.

Certificate of Conveyance dated within thirty (30) days of the application submittal.

16.

The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property.

C.

Reserved.

D.

A draft rezoning plat in electronic (.pdf) format shall be submitted as part of the general application.

1.

Reserved.

2.

The scale of the map shall be one (1) inch equals one hundred (100) feet (1" = 100') or at other suitable scale when approved by the Department of Planning Services. The vicinity map shall be drawn at suitable scale on the land USE map (1" = 2000').

3.

The following information shall be shown:

a.

An accurate depiction of the parcel under consideration, showing all bearings and distances outside the perimeter boundary lines. The closure error of the survey may not exceed one to five thousand (1:5,000). The boundaries and dimensions shall be shown to the nearest hundredth of a foot (or seconds of arc for angular dimensions and bearings). Curved boundaries and all curves on the rezoning plat shall include the radius of curve, central angle, chord distance, and bearing. Notation of non-tangent curves with radial bearings shall be shown to all points of non-tangency.

b.

Legal description, including total area involved, as certified and signed by the surveyor. The draft plat need not be signed or certified.

c.

Title, scale and north arrow. The map shall be titled "Change of Zone Plat [case number]." The Department of Planning Services shall provide the appropriate number.

d.

Date of drawing.

e.

Current zoning.

f.

Proposed zoning.

g.

A vicinity map indicating the property with respect to adjacent STREETS/ROADS, rivers, and other major land features.

h.

Irrigation ditches on or within two hundred (200) feet of the property.

i.

Location of easements, RIGHTS-OF-WAY, and other similar interests of record on the parcel and within fifty (50) feet of the parcel.

j.

Location of all existing utilities (electricity, gas, water and sewer) on the parcel, as well as within fifty (50) feet of the parcel.

k.

SPECIAL FLOOD HAZARD AREAS on the property.

l.

GEOLOGIC HAZARD AREAS on the property.

m.

Mineral resource areas on the property.

n.

Areas of moderate or severe soil limitations as defined by the Natural Resources Conservation Service or by a soil survey and study prepared by a soils engineer or soil scientist for the USES and associated STRUCTURES permitted within the proposed zone district.

o.

Other information as may be reasonably required by the Department of Planning Services in order to determine that the application meets the standards and policies set forth in this Chapter and in Chapter 22.

4.

The following certificates shall appear on the map:

a.

Surveyor's certificate.

b.

Board of County Commissioners certificate.

c.

Property owner's certificate.

E.

The following supporting documents shall be submitted as part of the general application:

1.

Where an authorized agent signs the application for the fee owners, an authorization form provided by the Department of Planning Services signed by the fee owners.

2.

A copy of the deed or legal instrument by which the applicant obtained an interest in the property under consideration.

3.

A statement on how the proposed rezoning is consistent with the policies of Chapter 22 and any other applicable code provision or ordinance in effect.

4.

A statement which demonstrates how the proposed rezoning will correct what the applicant perceives as faulty zoning, or that demonstrates how the proposed rezoning will fit with what the applicant perceives as the changing conditions in the area.

5.

A statement which demonstrates how the USES allowed by the proposed rezoning will be compatible with the surrounding land USES.

6.

Statements from PUBLIC WATER and PUBLIC SEWER utilities which indicate that they are able to provide service for the site. If PUBLIC utilities are not to be used, the applicant shall submit information which documents the availability of water and suitability of the site for the sewage disposal system chosen by the applicant. The evidence shall document the adequacy of the proposed utility service for the USES permitted in the proposed zone district.

7.

A soil report of the site prepared by the Natural Resources Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicates the existence of moderate or severe soil limitations for the USES proposed, the applicant shall detail the methods to be employed to mitigate the limitations.

8.

Reserved.

9.

If, according to maps and other information available to the COUNTY, the Department of Planning Services determines that there appears to be a sand, gravel or other mineral resource on or under the subject property, the applicant shall provide a mineral resource statement prepared by a professional geologist as defined in C.R.S. Section 23-41-208(1)(b) or other qualified expert, including but not limited to a Colorado Geological Survey employee. The statement shall indicate the estimated quantity of resources and the economic feasibility of recovery, now and in the future, of the resources so that the Planning Commission and Board of County Commissioners can determine whether a COMMERCIAL MINERAL DEPOSIT is contained on or under the subject properties.

10.

If the proposed Change of Zone is located within an OVERLAY ZONING DISTRICT identified by maps officially adopted by the COUNTY, the applicant shall submit information which either documents how the COUNTY regulations concerning OVERLAY ZONING DISTRICTS have been satisfied or documents how the applicant intends to meet the requirements of the COUNTY regulations concerning OVERLAY ZONING DISTRICTS.

F.

The applicant shall submit the draft plat for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval of the draft plat, the applicant shall submit a plat for recording, along with any other documentation required as conditions of approval. The plat shall be delineated in nonfading permanent black ink on Mylar with original signatures and seals in permanent black ink or shall be digitized with electronic signatures and seals. Upon completion of all conditions of approval, the plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Subsection 23-2-50.D of this Article. The plat shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners resolution, or by the date specified in the resolution. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within one hundred twenty (120) days of the date the resolution was signed, or by the date specified in the resolution, the Department of Planning Services shall schedule a public hearing before the Board of County Commissioners and request the landowner to appear and present evidence substantiating that the COZ has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat or revoke the approval and deny the COZ.

G.

Nothing in this Division 1 shall be interpreted as prohibiting the submittal of an application for a Site Plan Review or Use by Special Review concurrently with or prior to approval of a Change of Zone application. The Change of Zone plat shall be approved and recorded prior to recording of such Site Plan Review or Use by Special Review. If the Change of Zone is not approved, such Site Plan Review or Use by Special Review application shall be void.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2012-3; Weld County Code Ordinance 2013-10; Weld County Code Ordinance 2016-5; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2022-04; Weld County Code Ordinance 2025-08)

Any approved amendments to the Official Zoning Map shall be effective immediately upon approval by the Board of County Commissioners unless otherwise specified by the approving resolution of the Board of County Commissioners. However, no building permit shall be issued and no USE shall commence on the property until the approved zoning plat is recorded.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2025-08)

The Board of County Commissioners may, upon its own motion or upon petition of the Planning Commission, amend the text of this Chapter. The proposed amendments must be reviewed by the Planning Commission, whose recommendation shall be sent to and considered by the Board of County Commissioners. Such amendments shall be made in compliance with state statutes and with COUNTY procedures and regulations as established herein.

(Weld County Codification Ordinance 2000-1)

Upon submission of a request from the Board of County Commissioners for any proposed amendments to the text of this Chapter, the Department of Planning Services shall:

A.

In making its final recommendation, determine:

1.

That the existing text is in need of revision as proposed.

2.

That the proposed amendment will be consistent with the future goals and needs of the COUNTY as set out in Chapter 22 and any other applicable Code provision or Ordinance in effect.

3.

That the proposed amendment will be consistent with the overall intent of this Chapter.

B.

Draft all text amendments as directed by the Board of County Commissioners with the counsel of the County Attorney.

C.

Set a Planning Commission hearing date and a Board of County Commissioners hearing date after the completion of the proposed amendment.

D.

Arrange for legal notice of hearings to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least ten (10) days prior to the hearing.

E.

Upon the approval of all proposed text amendments, arrange for the publication of the Zoning Ordinance; such publication shall be made available as soon as possible after final approval has been given the amendment by the Board of County Commissioners.

F.

Perform other tasks as assigned by the Planning Commission and the Board of County Commissioners.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2019-02)

A.

The Planning Commission shall hold a hearing to consider the proposed text of the zoning amendment. The Planning Commission shall recommend to the Board of County Commissioners approval or denial of the proposed amendment.

B.

In making its final recommendation, the Planning Commission shall find:

1.

That the existing text is in need of revision as proposed.

2.

That the proposed amendment will be consistent with the future goals and needs of the COUNTY as set out in Chapter 22 and any other applicable code provision or ordinance in effect.

3.

That the proposed amendment will be consistent with the overall intent of this Chapter.

C.

The Secretary of the Planning Commission shall forward the official recommendation and the information contained in the official record, which includes the Department of Planning Services case file, to the Board of County Commissioners within ten (10) days after said recommendation has been made.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2003-10)

A.

Reserved.

B.

The Board of County Commissioners shall hold a public hearing to consider the proposed text amendment and take final action.

C.

In making its final determination, the Board of County Commissioners shall:

1.

Take into consideration the recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file.

2.

Find that the existing text is in need of revision as proposed.

3.

Find that the proposed amendment will be consistent with the future goals and needs of the COUNTY as set out in Chapter 22, Intergovernmental Agreement of the affected municipality and any other applicable code provision or ordinance in effect.

4.

Find that the proposed amendment is consistent with the overall intent of this Chapter.

5.

At the close of the public hearing, the Board of County Commissioners may amend this Chapter. This Chapter shall be amended according to the procedures established in Section 3-14 of the Home Rule Charter.

D.

The Board of County Commissioners shall arrange for the recording of the ordinance and, if approved, the full text of the amendment.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2019-02)

A.

The intent of the Site Plan Review procedure is to provide present and future residents and users of land in the COUNTY a means whereby orderly and harmonious DEVELOPMENT is ensured in the COUNTY. Site Plan Reviews require additional consideration to ensure that the USES permitted are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD. The regulation of Site Plan Reviews is designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY.

B.

An approved Site Plan Review is required for certain USES as described in Article III of this Chapter, and any PUD Districts where the proposed USE would require an approved Site Plan Review in an R-3, Commercial or Industrial Zone District.

C.

No land, BUILDING or STRUCTURE shall be used, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in any zone district that requires a Site Plan Review until a Site Plan Review has been approved and a Site Plan Review map recorded by the Department of Planning Services.

D.

The Department of Planning Services shall not issue a building permit for any BUILDING or STRUCTURE in a zone district which requires a site plan review until a site plan review has been submitted, approved and recorded by the Department of Planning Services.

E.

No Site Plan Review shall be required for:

1.

Normal repairs and maintenance of an existing BUILDING or STRUCTURE.

2.

Alterations which do not affect more than twenty-five percent (25%) of the external dimensions of an existing BUILDING or STRUCTURE unless such alterations are made to change the USE or type of occupancy within part or all of the altered BUILDING or STRUCTURE.

3.

SIGNS, fencing, OIL AND GAS FACILITIES, or TEMPORARY STRUCTURES such as, but not limited to, those used for the sale of fireworks or Christmas trees.

F.

The Board of County Commissioners delegates the authority and responsibility for processing, approving and enforcing Site Plan Reviews to the Department of Planning Services. The Department of Planning Services shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action. Once an application is deemed complete, the Department of Planning Services shall send the application to applicable REFERRAL agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations to the COUNTY. The authority and responsibility for approval and denial of a Site Plan Review application rests with the COUNTY.

G.

The Director of Planning Services may waive the Site Plan Review requirement for COMMERCIAL and INDUSTRIAL USES in a Planned Unit Development (PUD) upon determination that sufficient detailed information was submitted and reviewed in the Final PUD Plan.

H.

Any person filing an application for a Site Plan Review shall comply with the County procedures and regulations as set forth herein.

I.

Any person filing an application for a Site Plan Review shall comply with Article V and Article XI of this Chapter if the proposal is located within any OVERLAY ZONING DISTRICT or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY.

J.

Applications for a Site Plan Review shall be completed as set forth in Section 23-2-160 below. The completed application and application fees shall be submitted to the Department of Planning Services.

K.

Required landscaping shall be installed within one (1) calendar year of issuance of a building permit or commencement of USE, whichever occurs sooner. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the landowner.

L.

The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements as shown in the application, plans and other supporting documents. The Agreement shall be made in conformance with the County policy on collateral for improvements. The Agreement shall be approved by the Board prior to recording the Site Plan Review map, if applicable.

M.

If a LOT has an approved and recorded SITE SPECIFIC DEVELOPMENT PLAN and the zoning on the LOT is changed to a zone district for which the existing USE requires a Site Plan Review, the Director of Planning Services may waive the Site Plan Review application requirement, if the following applies:

1.

The existing USE of the property is not changing or expanding beyond what is allowed without a Site Plan Review, as stated in Subsection E above; and

2.

The approved SITE SPECIFIC DEVELOPMENT PLAN is in substantial compliance with the requirements of the new zone district, including but not limited to bulk requirements, design standards, and operation standards.

N.

Any USE allowed by approval of a Site Plan Review may be permitted as a Use by Special Review when applied for in conjunction with a pending Use by Special Review permit or as a minor amendment to an approved Use by Special Review permit, in accordance with Division 4 of this Article.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2011-9; Weld County Code Ordinance 2015-20; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2020-15; Weld County Code Ordinance 2021-09)

Any person wanting to apply for a Site Plan Review shall arrange for a preapplication conference with the Department of Planning Services. The purpose of the application is to give the applicant an opportunity to demonstrate, through written and graphic information, how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application:

A.

A site plan review application form provided by the Department of Planning Services.

B.

A copy of a deed or legal instrument identifying the applicant's interest in the property under consideration.

C.

Reserved.

D.

Reserved.

E.

A detailed description of the proposed USE.

F.

Evidence that the USE in the zone district shall have an adequate source of potable water and meet the requirements of the zone district.

G.

Evidence that the USE in the zone district shall have adequate sewage disposal facilities and meet the requirements of the zone district. If there is an existing septic system located on the site, the applicant shall include in the application a copy of the septic permit. This information can be obtained from the Department of Public Health and Environment.

H.

Reserved. (See Subsection R.)

I.

The number of employees associated with the USE.

J.

A statement indicating that the proposed USE meets the required Bulk Standards requirements of the zone district.

K.

A generalized sketch of BUILDING elevations depicting the style, size and exterior construction materials of the BUILDINGS proposed in sufficient detail to exhibit the relative compatibility of the proposed site with the character of the surrounding land USES.

L.

Reserved.

M.

Statements describing that the LANDSCAPE requirements listed below have been met:

1.

The LOT shall adhere to the LOT COVERAGE requirements of the zone district in which it is located, as shown in the Bulk Requirements in this Chapter, or Chapter 27, if applicable. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if it is otherwise suitably LANDSCAPED.

2.

That portion of a LOT which abuts a PUBLIC or private STREET/ROAD RIGHT-OF-WAY shall have a minimum ten-foot wide SETBACK that is LANDSCAPED, unless the LOT is governed by a more restrictive SETBACK that is LANDSCAPED contained in a PLANNED UNIT DEVELOPMENT, Article V of this Chapter or any other applicable County ordinance. The SETBACK that is LANDSCAPED is measured at a right angle from the existing or planned future RIGHT-OF-WAY. Sidewalks and driveways may pass through the required SETBACK.

3.

The applicant shall submit to the Department of Planning Services a maintenance plan for the proposed LANDSCAPE on the site.

N.

The applicant shall provide a narrative or preliminary drainage study in accordance with the stormwater drainage criteria requirements of this Code.

O.

A statement explaining that the proposed USE, BUILDING or STRUCTURE meets the Off-Street Parking Requirements listed in Article IV, Division 1 of this Chapter or a more restrictive ordinance. Sufficient SCREENED, off-street, paved parking areas shall be provided in all districts.

P.

A statement explaining that the loading/service areas meet the requirements in Article IV, Division 1 of this Chapter or a more restrictive section of this Code.

Q.

A statement explaining how the LOT(S) will have safe access to an approved PUBLIC or private STREET/ROAD and a traffic narrative describing the projected number of vehicle trips (average per day, maximum per day, peak hour data) to and from the site and the type of vehicles (passenger, semi-truck, etc.). The design designation of a STREET/ROAD or highway as to type shall be in conformance with that shown on the Transportation Plan and/or the MASTER PLAN of the affected municipality. A traffic impact study may be required. Improvements to adjacent STREETS/ROADS may be necessary to provide adequate safe and efficient transportation to and from the site. An Improvements Agreement may be required.

R.

A statement acknowledging that new accesses to PUBLIC RIGHTS-OF-WAY shall be constructed in accordance with this Code, and may require an access permit.

S.

Reserved.

T.

A statement explaining that the trash collection areas or facilities are located, designed and used in a manner that shall be SCREENED from PUBLIC RIGHTS-OF-WAY and ADJACENT properties. These areas shall be designed and used in a manner that will prevent wind- or animal-scattered trash.

U.

A statement explaining that the USE is compatible with the existing or future DEVELOPMENT of the surrounding areas as permitted by the existing zoning and with the future DEVELOPMENT of the area as projected by the Comprehensive Plan or MASTER PLAN of affected municipalities and any Intergovernmental Agreement. Such USE shall adhere to the following operation standards, to the extent that they are affected by location, layout and design prior to construction and operation. Once operational, the operation shall conform to the standards listed below:

1.

Noise. USES shall be located, designed and operated in accordance with the noise standards as established in Section 25-12-101, et seq., C.R.S.

2.

Air Quality. USES shall be located, designed and operated in accordance with the air quality standards established by the Colorado Air Quality Control Commission.

3.

Water Quality. USES shall be located, designed and operated in accordance with the standards established by the Colorado Water Quality Control Commission.

4.

Radiation and Radioactive Materials. The handling, USE, storage and processing of radioactive materials shall be in accordance with the applicable regulations of the State and the United States government.

5.

Heat. USES shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the LOT line more than five (5) degrees Fahrenheit.

6.

Glare. Any lighting used to illuminate an off-street parking area, outside storage area, outside activity area, SIGN or other STRUCTURE shall be arranged to deflect light away from any adjoining residential zone and from COUNTY STREETS/ROADS. Any lighting, including light from high-temperature processes such as welding or combustion, shall be designed, located and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS; and no colored lights may be used which may be confused with or construed as traffic control devices.

7.

Property Maintenance. All property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. The property owner shall not allow the growth of NOXIOUS WEEDS.

V.

Reserved.

W.

Site Plan Review Map. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. The site plan map shall show and comply with the following requirements:

1.

The size of the map shall be twenty-four (24) inches by thirty-six (36) inches.

2.

The scale shall be one (1) inch equals two hundred (200) feet or another suitable scale if approved by the Department of Planning Services.

3.

Legal description of the parcel.

4.

North arrow.

5.

Outline of the perimeter of the LOT.

6.

A vicinity map at a suitable scale. The map shall locate the site with respect to adjacent STREETS/ROADS and other major land features (1" = 2000').

7.

The location and name of any water features or irrigation ditches within the perimeter of the LOT.

8.

The location and names of all STREETS/ROADS and highways abutting the LOT.

9.

Existing and proposed landscaping, including existing and proposed trees, shrubs, ground covers, natural features such as rock outcroppings and other landscaping elements. The plan shall show where landscaping exists or will be located, along with planting and construction details, species name and size. Where existing plantings are to be retained, the applicant shall include in the plan proposed methods of protecting the plantings during construction.

10.

All existing and proposed STRUCTURES, excluding SIGNS, and their dimensions and approximate distances to the nearest property lines.

11.

All utility easements or rights-of-way for telephone, gas, electric, water and sewer lines.

12.

The location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes; location and dimensions of pedestrian entrances, exits, sidewalks and walkways.

13.

General location, arrangement and dimensions of parking spaces, width of aisles, dimensions and angle of parking and other similar information.

14.

Any other information deemed necessary by the Department of Planning Services.

15.

The Site Plan Review map shall be titled "Site Plan Review No. ___________." The Department of Planning Services shall provide the appropriate number.

16.

The Site Plan Review map shall bear the following certifications:

a.

Property owner's certificate:

I, the undersigned, certify that the uses, buildings and structures located on this Site Plan Review are designed and will be constructed and operated in accordance with the development standards hereon and the district requirements for the ________ Zone District as stated in Chapter 23 of the Weld County Code. I understand failure to comply with the development standards, applicable provisions of County Code, and/or any conditions of approval could result in the County initiating a compliance action against me or my successors.

Signature of Property Owner

The foregoing instrument was subscribed and sworn to be before me this ____day of ____________, ___, by _________________.

WITNESS my hand and official seal.

My commission expires: ___________.

Notary Public

b.

Department of Planning Services' Administrative Review Certificate:

This map is accepted and approved for filing.

Director of Planning Services

The foregoing certificate was acknowledged before me this ____ day of ________________, ___, by ________________.

WITNESS my hand and official seal.

My commission expires: ___________.

Notary Public

X.

Reserved.

Y.

The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent property taxes for the parcel area.

Z.

The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property.

AA.

The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site. If such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2011-9; Weld County Code Ordinance 2012-3; Weld County Code Ordinance 2015-21; Weld County Code Ordinance 2016-5; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2020-15; Weld County Code Ordinance 2021-16)

A.

Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review map and the approved USE and type of occupancy. Major changes from the approved Site Plan Review map, USE or type of occupancy shall require the approval of an amended Site Plan Review by the Department of Planning Services. The Department of Planning Services is responsible for determining whether a major change exists, in which case a new Site Plan Review application and processing shall be required. Any other changes shall be filed in the Department of Planning Services in the approved Site Plan Review file.

B.

Construction of improvements pursuant to approval of a Site Plan Review shall be commenced, and continual progress shall be made, within three (3) years from the date of approval, or the approval shall terminate thirty (30) days following notice to the applicant. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the landowner. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning.

C.

Approval of a Site Plan Review shall terminate when the USE is discontinued for a period of three (3) consecutive years or a new Site Plan Review is approved. Should the Department of Planning Services observe or receive credible evidence of a discontinuance for a period of three (3) consecutive years, the Department Director shall notify the applicant and property owner by first-class mail of such termination. The Director's decision to terminate the approval of the Site Plan Review may be appealed by the applicant and/or property owner pursuant to the provisions of Section 2-4-10 of this Code.

(Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2019-02)

A.

The Department of Planning Services shall notify the applicant of any deficiencies of the submittal and the deadline to correct said deficiencies, which shall be one hundred twenty (120) days. The Director of Planning Services may grant an extension, for good cause shown upon a written request by the applicant. If no written request is submitted or if the deficiencies are not corrected by the date specified by the Department of Planning Services, the application shall be rejected.

B.

Upon approval of the draft Site Plan Review map, the applicant shall submit a Site Plan Review map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. The size of each sheet shall be twenty-four (24) inches in height by thirty-six (36) inches in width. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty (120) days from the date the administrative review was signed. The Director of Planning Services may grant an extension, for good cause shown, upon a written request by the applicant. If no written request is submitted, if the Director of Planning Services denies the extension, or if the conditions are not met and the map recorded by the date specified by the Director of Planning Services, the Site Plan Review approval shall be terminated.

(Weld County Code Ordinance 2019-02)

A.

It shall be a violation to operate without an approved Site Plan Review if one is required by this Chapter. Such violation may be enforced in accordance with the procedures set forth in Article X of this Chapter.

B.

A property owner who fails or refuses to comply with all requirements and conditions of an approved Site Plan Review shall be noticed in writing by the Director of Planning Services of such compliance deficiencies. Continued failure or refusal to comply may result in termination of the approved Site Plan Review. The Director shall notify the property owner by first-class mail of such termination. The Director's decision to terminate the approval of the Site Plan Review may be appealed by the applicant and/or property owner pursuant to the provisions of Section 2-4-10 of this Code.

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

A.

Uses by Special Review are USES which have been determined to be more intense or to have a potentially greater impact than the Uses Allowed by Right in a particular zone district. Therefore, Uses by Special Review require additional consideration to ensure that they are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD. The additional consideration or regulation of Uses by Special Review, and the application to a Use by Special Review of Performance, Design and Operations Standards listed both herein, are designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY.

B.

The Board of County Commissioners may approve the establishment of a Use by Special Review by granting a Special Review Permit. All requests for Special Review Permit shall be reviewed by the Planning Commission. The Planning Commission recommendation shall be forwarded to and considered by the Board of County Commissioners except for MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES, which shall require review and approval by the Planning Commission only as set forth in Division 5 of this Article II.

C.

Any person filing an application for a Special Review Permit shall comply with the COUNTY procedures and regulations as set forth herein.

D.

Ordinary repairs and maintenance may be performed upon STRUCTURES associated with a Use by Special Review so long as such repairs and maintenance do not have the effect of expanding or enlarging the USE.

E.

Applications for Special Review Permits shall be completed as set forth in Section 23-2-260. The complete application and application fees shall be submitted to the Department of Planning Services.

F.

The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements, as shown in the application, plans and other supporting documents. The agreement shall be made in conformance with the County policy on collateral for improvements. The agreement shall be approved by the Board prior to recording the map, if applicable. Approval of the Improvements Agreement will be a condition of obtaining an Access Permit.

G.

Applications for Special Review Permits shall be accepted only for proposed USES on LEGAL LOT(S). An application for a Special Review Permit shall include the entire LOT(S) upon which the Special Review Permit will be located.

H.

The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval, the applicant shall submit the map on Mylar or other drafting media approved by the Department of Planning Services, along with all other documentation required as Conditions of Approval. The map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Subsection 23-2-260.D of this Article. The map shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR).

I.

No Use by Special Review approval shall be required for USES covered by an approved 1041 Permit as described in Chapter 21 of this Code.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2001-8; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2011-3; Weld County Code Ordinance 2012-3; Weld County Code Ordinance 2016-5; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2025-08)

Any person wanting to apply for a Use by Special Review shall arrange for a preapplication conference with the Department of Planning Services.

A.

The Department of Planning Services shall be responsible for processing all applications for Special Review Permits in the unincorporated areas of the COUNTY. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below.

B.

Upon determination that the application submittal is complete, the Department of Planning Services shall:

1.

Refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Use by Special Review. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for a Special Review Permit rests with the Board of County Commissioners.

2.

Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with Chapter 22 of this Code and any other applicable code provision or ordinance in effect, adopted MASTER PLANS of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter.

3.

Set a Planning Commission hearing date and a Board of County Commissioners hearing date.

4.

An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not required, but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors.

5.

Give notice of the application for a Special Review Permit and the public hearing dates to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled Planning Commission public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification.

6.

A sign shall be posted for the applicant on the property under consideration for a Use by Special Review permit. The sign shall be posted adjacent to and visible from a PUBLIC STREET/ROAD RIGHT-OF-WAY. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, one (1) sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign shall be posted at least ten (10) days prior to the Planning Commission hearing and evidenced with a photograph. The sign will include the following information:

a.

Special Review Permit number.

b.

Date, place and time of Public Hearings.

c.

Location and phone number of the public office where additional information may be obtained.

d.

Applicant's name.

e.

Size of parcel of land.

f.

Type of request.

7.

Arrange for legal notice of hearings to be published in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the Use by Special Review is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2008-8; Weld County Code Ordinance 2019-02)

A.

The Planning Commission shall hold a hearing to consider the application for the Special Review Permit. The public hearing may involve either the Special Review Permit application alone or may include the review of concurrent applications under the COUNTY's provisions for Overlay Districts Regulations in Article V and Floodplain Regulations in Article XI of this Chapter. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Special Review Permit. The Planning Commission shall recommend approval of the request for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection A and Sections 23-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Sections 23-2-240 and 23-2-250 are met. The applicant shall demonstrate:

1.

That the proposal is consistent with Chapter 22 of this Code and any other applicable code provision or ordinance in effect.

2.

That the proposal is consistent with the intent of the district in which the USE is located.

3.

That the USES which would be permitted will be compatible with the existing surrounding land USES.

4.

That the USES which would be permitted will be compatible with future DEVELOPMENT of the surrounding area as permitted by the existing zoning and with the future DEVELOPMENT as projected by Chapter 22 of this Code or MASTER PLANS of affected municipalities.

5.

That the application complies with Articles V and XI of this Chapter if the proposal is located within an OVERLAY ZONING DISTRICT or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY.

6.

That if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the proposed USE.

7.

That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY.

B.

The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Clerk to the Board within ten (10) days after said recommendation has been made.

C.

If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the hearing by the Board of County Commissioners, the ten-day period shall commence upon submission of the items by the applicant to the Department of Planning Services.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2015-20; Weld County Code Ordinance 2019-02)

A.

Reserved.

B.

The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Use by Special Review, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection B and Sections 23-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection B and Sections 23-2-240 and 23-2-250 of this Division are met. The applicant shall demonstrate:

1.

That the proposal is consistent with in Chapter 22 and any other applicable code provisions or ordinances in effect.

2.

That the proposal is consistent with the intent of the district in which the USE is located.

3.

That the USES which would be permitted will be compatible with the existing surrounding land USES.

4.

That the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provisions or ordinances in effect, or the adopted MASTER PLANS of affected municipalities.

5.

That the application complies with Articles V and XI of this Chapter if the proposal is located within any OVERLAY ZONING DISTRICT or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the County.

6.

That if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the proposed USE.

7.

That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY.

C.

Where reasonable methods or techniques are available to mitigate any negative impacts which could be generated by the proposed USE upon the surrounding area, the Board of County Commissioners may condition the decision to approve the Special Review Permit upon implementation of such methods or techniques and may require sufficient performance guarantees to be posted with the COUNTY to guarantee such implementation.

D.

Upon the Board of County Commissioners making its final decision, a resolution setting forth that decision will be drafted and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board.

E.

If the Special Review Permit is approved, the Board of County Commissioners shall arrange for the Department of Planning Services to record the Special Review Permit Plan map with the County Clerk and Recorder.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2017-08; Weld County Code Ordinance 2019-02)

A.

An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT.

1.

Adequate water service in terms of quality, quantity and dependability is available to the site to serve the USES permitted.

2.

Adequate sewer service is available to the site to serve the USES permitted.

3.

If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, the applicant has demonstrated how such limitations can and will be mitigated.

4.

Adequate fire protection measures are available on the site for the STRUCTURES and facilities permitted.

5.

USES shall comply with the stormwater drainage criteria requirements set forth in this Code.

6.

All parking and vehicle storage shall be provided on the site. Parking and loading areas shall be designed and constructed in accordance with Division 1 of Article IV of this Chapter.

7.

The USE shall comply with all the Bulk Standards requirements of the zone district.

8.

The access shall be located and designed to be safe; ingress and egress shall not present a safety hazard to the traveling public or to the vehicle accessing the property. For USES generating high traffic volumes and large number of large, slow-accelerating vehicles, acceleration and deceleration lanes may be required to mitigate a potential traffic hazard.

9.

New accesses to PUBLIC RIGHTS-OF-WAY shall be constructed in accordance with this Code.

10.

Buffering or SCREENING of the proposed USE from ADJACENT properties may be required in order to make the determination that the proposed USE is compatible with the surrounding USES. Buffering or SCREENING may be accomplished through a combination of berming, landscaping and fencing.

11.

Uses by Special Review in the A (Agricultural) Zone District shall be located on the least prime soils on the property in question unless the applicant can demonstrate why such a location would be impractical or infeasible.

12.

The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 of this Chapter.

13.

Trash collection areas or facilities shall be SCREENED from PUBLIC RIGHTS-OF-WAY and ADJACENT properties. These areas shall be designed and used in a manner that will prevent wind- or animal-scattered trash.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2015-21; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-16)

An applicant for a Special Review Permit shall demonstrate conformance with the following operation standards in the Special Review Permit application to the extent that the standards affect location, layout and design of the Use by Special Review prior to construction and operation. Once operational, the operation of the USES permitted shall conform to these standards.

A.

The operation of the USES shall comply with the noise standards enumerated in Section 25-12-101, et seq., C.R.S.

B.

The operation of the USES shall comply with the air quality regulations promulgated by the Colorado Air Quality Control Commission.

C.

The operation of the USES shall comply with the water quality regulations promulgated by the Colorado Water Quality Control Commission.

D.

The USES shall comply with the following lighting standards:

1.

Sources of light, including light from high-temperature processes such as combustion or welding, shall be shielded so that light rays will not shine directly onto ADJACENT properties where such would cause a nuisance or interfere with the USE on the ADJACENT properties; and

2.

Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS and no colored lights may be used which may be confused with or construed as traffic control devices.

E.

The USES shall not emit heat so as to raise the temperature of the air more than five degrees (5°) Fahrenheit at or beyond the LOT line.

F.

Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owner allow the growth of NOXIOUS WEEDS.

G.

Any off-site and on-site Improvements Agreement shall be made in conformance with the County policy on collateral for improvements.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2007-1; Weld County Code Ordinance 2016-5; Weld County Code Ordinance 2019-02)

A.

The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application except for those items determined by the Director of Planning Services, in writing, or the Board of County Commissioners, on the record, to be unnecessary to a decision on the application:

1.

A statement which explains that the proposal is consistent with Chapter 22 of this Code and any other applicable code provision or ordinance in effect.

2.

A statement which explains that the proposal is consistent with the intent of the district in which the USE is located.

3.

A statement which explains that the USES which would be permitted will be compatible with the existing surrounding land USES.

4.

A statement which explains that the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provision or ordinances in effect, or the adopted MASTER PLANS of affected municipalities.

5.

A statement which explains that the application complies with Article V and Article XI of this Chapter if the proposal is located within any OVERLAY ZONING DISTRICT or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY.

6.

A statement which explains that if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve prime agricultural land in the locational decision for the proposed USE.

7.

A statement which explains that there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY.

8.

The applicant shall provide a narrative or preliminary drainage study in accordance with the stormwater drainage criteria requirements of this Code.

9.

A narrative explaining how the LOT(S) will have safe access to an approved PUBLIC or private STREET/ROAD and a traffic narrative describing the projected number of vehicle trips (average per day, maximum per day, peak hour data) to and from the site and the type of vehicles (passenger, semi-truck, etc.). The design designation of a STREET/ROAD or highway as to type shall be in conformance with that shown on the Transportation Plan and/or the MASTER PLAN of the affected municipality. A traffic impact study may be required. Improvements to adjacent STREETS/ROADS may be necessary to provide adequate safe and efficient transportation to and from the site. An Improvements Agreement may be required.

B.

The following general information shall be submitted:

1.

Name, address and telephone number of the applicants.

2.

Name and address of the fee owners of the property proposed for the Use by Special Review if different from above.

3.

Legal description of the property under consideration.

4.

Total acreage of the parcel under consideration.

5.

Existing land USE of the parcel under consideration.

6.

Existing land USES of all properties ADJACENT to said parcel.

7.

Present zone and OVERLAY ZONING DISTRICTS, if appropriate.

8.

Signatures of the applicant and fee owners or their authorized legal agent.

9.

A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date.

10.

The written certification required by Section 24-65.5-103.3, C.R.S., if applicable. Such certification may be submitted on the date of the initial public hearing referred to in Section 24-65.5-103(1), C.R.S.

11.

The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent property taxes for the parcel area.

12.

Reserved.

13.

The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property.

14.

The applicant shall submit a signed copy of the notice of inquiry form demonstrating that the IGA municipality does not wish to annex if required by the IGA.

15.

A Certificate of Conveyances form provided by the Department of Planning Services and completed by a Title Insurance or Abstract Company.

16.

The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property.

C.

A detailed description of the proposed operation and USE shall be supplied. Details for the following items, when applicable, are required:

1.

Type of USE for which the application is being made.

2.

Proximity of the proposed USE to residential STRUCTURES.

3.

The number of shifts to be worked and the maximum number of employees.

4.

The maximum number of users, patrons, members, buyers or other visitors that the use by special review facility is designed to accommodate at any one (1) time.

5.

Types and maximum numbers of animals to be concentrated on the site at any one (1) time.

6.

Types and numbers of operating and processing equipment to be utilized.

7.

Type, number and USES of the proposed STRUCTURES to be erected.

8.

Reserved.

9.

Sewage facilities.

10.

Size of stockpile, storage or waste areas to be utilized.

11.

Method and time schedule of removal or disposal of debris, JUNK and other wastes associated with the proposed USE.

12.

A time table showing the periods of time required for the construction of the operation.

13.

Proposed LANDSCAPE plans.

14.

Reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the Use by Special Review activity.

15.

A statement delineating the need for the proposed USE.

16.

A description of the proposed fire protection measures.

17.

Such additional information as may be required by the Department of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter and the policies of Chapter 22 of this Code.

D.

Special Review Permit Plan Map.

1.

The map shall be delineated on Mylar or other drafting media approved by the Department of Planning Services.

2.

The dimensions of the map shall be thirty-six (36) inches wide by twenty-four (24) inches high.

3.

The Special Review Permit Plan Map shall include certificates for the property owner's signature, the Board of County Commissioners, and the Clerk to the Board. The required content of the certificates is available from the Department of Planning Services.

4.

Vicinity Map. A vicinity map shall be drawn on the Use by Special Review Permit Plan Map.

a.

The scale of the vicinity map shall be one (1) inch equals two thousand (2,000) feet or at another suitable scale if approved by the Department of Planning Services.

b.

The vicinity map shall delineate all of the required information within a one-half (½) mile radius of the property proposed for the Use by Special Review.

c.

The following information shall be shown on the vicinity map:

1)

Section, township and range.

2)

Scale and north arrow.

3)

Outline of the perimeter of the parcel proposed for the Use by Special Review.

4)

The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications shall be noted in the legend.

5)

Locations and names of all STREETS/ROADS, irrigation ditches and water features.

6)

Location of all residences within a one-half-mile radius, existing and proposed accesses to the property proposed for the Use by Special Review, any abutting SUBDIVISION outlines and names, and the boundaries of any ADJACENT municipality.

7)

Any other relevant information within a one-half-mile distance of the perimeter of the property proposed for the Use by Special Review as may be reasonably required by the COUNTY to meet the intent and purpose of this Chapter.

5.

Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map.

a.

The scale of the plot plan shall be one (1) inch equals one hundred (100) feet or at another suitable scale if approved by the Department of Planning Services.

b.

The plot plan shall outline the boundaries of the LOT(S) being considered for the Use by Special Review.

c.

The plot plan shall include the location and identification of all of the following items within a two-hundred-foot radius of the boundaries of the LOT(S), as well as within the LOT(S) itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review:

1)

All PUBLIC RIGHTS-OF-WAY of record (including names).

2)

All existing and proposed STRUCTURES, excluding SIGNS, and their dimensions and approximate distances to the nearest property lines.

3)

All utility easements or rights-of-way for telephone, gas, electric, water and sewer lines.

4)

Irrigation ditches.

5)

Adjacent property lines and respective owners' names (may be shown on vicinity map instead).

6)

All hydrographic features including streams, rivers, ponds and reservoirs (including names).

7)

Topography at ten-foot contour intervals or at intervals as determined necessary by the Department of Planning Services.

8)

Location of areas of moderate or severe soil limitations as defined by the Natural Resources Conservation Service or by a soil survey and study prepared by a soils engineer or scientist for the USES and associated STRUCTURES proposed for the parcel.

9)

Location and design of stormwater management devices or STRUCTURES.

10)

Complete traffic circulation and parking plan showing locations and sizes.

11)

Location, amount, size and type of any proposed LANDSCAPE material, including fencing, walls, berms or other SCREENING.

12)

Location of any SPECIAL FLOOD HAZARD AREA, GEOLOGIC HAZARD AREA, or mineral resource areas.

13)

Such additional information as may be reasonably required by the Department of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter, the policies of Chapter 22 of this Code and any other applicable code provision or ordinance in effect.

E.

Supporting Documents. The following supporting documents shall be submitted as part of the application:

1.

If an authorized agent signs, a letter of authorization signed by all fee owners shall be included with the application. If the property is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included.

2.

Proof that a water supply will be available which is adequate in terms of quantity, quality and dependability (e.g., a well permit or letter from a water district).

3.

Copy of the deed or legal instrument by which the applicant obtained an interest in the property under consideration.

4.

A noise report, unless waived by the Department of Planning Services, documenting the methods to be utilized to meet the applicable noise standard.

5.

A soil report of the site prepared by the Natural Resource Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicates the existence of moderate or severe soil limitations for the USES proposed, the applicant shall detail the methods to be employed to mitigate the limitations.

6.

For a RESIDENTIAL THERAPEUTIC CENTER, submittal of a report demonstrating the need for the facility; data about the background, experience and financial capacity of the proposed operator; applicable licenses; and analysis of the impact of the facility to the area and any other information relevant to evaluating the compatibility of the proposed facility. The County may waive or modify these requirements, particularly if there is a risk of harm to the future occupants (e.g., case of a domestic violence shelter).

F.

The application fee. An additional fifty (50) percent of the permit fee shall be added to the cost of the Special Review Permit application fee if the USE is started prior to issuance of a Special Review Permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2011-3; Weld County Code Ordinance 2015-20; Weld County Code Ordinance 2016-5; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-16; Weld County Code Ordinance 2025-08)

An applicant for a Special Review Permit shall demonstrate conformance with and shall continue to meet any DEVELOPMENT STANDARDS approved and adopted by the COUNTY. The DEVELOPMENT STANDARDS shall be placed on the Special Review Permit Plan Map prior to recording. Noncompliance with any of the approved DEVELOPMENT STANDARDS may be reason for revocation or suspension of the special review permit by the Board of County Commissioners. Civil penalties in lieu of a suspension may also be imposed with the express prior agreement of the applicant. The availability of these remedies in no way limits the Board of County Commissioners from seeking or applying any other remedies which are available for noncompliance with the DEVELOPMENT STANDARDS.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-8; Weld County Code Ordinance 2019-02)

A.

Any approved Special Review Permit shall be limited to the items shown on the Special Review plan map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special Review Plan Map or DEVELOPMENT STANDARDS for the Special Review Permit shall require the review of an amendment to the permit by the Planning Commission and approval by the Board of County Commissioners before such changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed with the Department of Planning Services with the approved Special Review Permit.

B.

Any decrease in the land area occupied by a Use by Special Review Permit shall qualify the landowner to be able to request a partial vacation of the Use by Special Review from the Board of County Commissioners, permitting the following:

1.

The subject property under consideration for a partial vacation of the Use by Special Review has received permission to release the property from the permit from applicable County and State agencies. An example would be the release of a portion of a gravel mining operation from the Colorado Division of Mining Reclamation and Safety at the completion of the reclamation activities on the subject property. Evidence of such release shall be provided to the Department of Planning Services with the request to vacate such portion of the property.

2.

The partial vacation process defined herein does not create separate parcels.

3.

To obtain a partial vacation of the Use by Special Review permit, the applicant shall:

a.

Submit a letter to the Department of Planning Services requesting the partial vacation.

b.

Submit a revised Use by Special Review map to the Department of Planning Services illustrating the vacated portion of the property and the existing permit. The revised map shall include a note stating that the partial vacation does not create separate parcels.

4.

Upon determination of compliance with the original Use by Special Review permit and all applicable applications, this Chapter and Chapter 29 of this Code, by the Department of Planning Services, the applicant shall be granted a partial vacation of the Use by Special Review permit.

5.

Once approved, the applicant shall submit a map conforming to Subsection 23-2-260.D of this Code. This map shall illustrate the vacated portions of the property/operation. The map shall contain two (2) vicinity maps. The first shall illustrate the use boundary prior to the partial vacation. The second shall illustrate the use boundary after the partial vacation.

C.

The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval of the draft map, the applicant shall submit a final map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty (120) days from the date the resolution was signed. If the map has not been recorded within one hundred twenty (120) days from the date the resolution was signed, or if an applicant is unable to meet all of the conditions within one hundred twenty (120) days of approval, the applicant may request an extension from the Director of Planning Services. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the map recorded by the date specified by the Board, the approval shall be voided, and the application denied.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2011-3; Weld County Code Ordinance 2019-02)

A.

Minor amendments to any approved Use by Special Review and SITE SPECIFIC DEVELOPMENT PLAN may be approved, approved with conditions, or denied administratively by the Planning Services Director and may be authorized without additional public hearings. Such minor amendments may be authorized by the Planning Services Director as long as the DEVELOPMENT application, as amended, continues to comply with these standards and regulations, at least to the extent of its original compliance. The Planning Services Director's approval shall be in writing and contain findings of fact.

B.

Once the application that is subject of this section is deemed complete by the Department of Planning Services, the Department of Planning Services shall send the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations. The authority and responsibility for approval and denial of the amendment rests with the Department of Planning Services.

C.

Review criteria for minor amendments to a Use by Special Review Application and SITE SPECIFIC DEVELOPMENT PLAN. To approve a minor amendment, the Planning Services Director shall consider the following review criteria and find that each criterion has been met or determined to be inapplicable:

1.

The proposed changes will be compatible with existing and allowed USES in the surrounding area and be in harmony with the NEIGHBORHOOD.

2.

The proposed changes are consistent with the Comprehensive Plan pursuant to Chapter 22 of this Code.

3.

The proposed changes will not result in a substantial adverse impact on other property in the vicinity of the subject property.

4.

The recommendations of REFERRAL agencies have been considered.

5.

The proposed change is not deemed to be a major change.

6.

The proposed changes shall be consistent with the original DEVELOPMENT STANDARDS.

D.

The Planning Services Director may refer a Minor Amendment to the Board of County Commissioners and schedule a public hearing. If such hearing is scheduled, the Clerk to the Board shall:

1.

Arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing.

2.

Give notice of the application and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Clerk to the Board in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification.

3.

The Department of Planning Services shall post a sign on the property under consideration in a location readily visible from the adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten (10) days preceding the hearing date for the Board of County Commissioners' hearing. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph.

E.

Preapplication Conference. It shall be at the discretion of the Department of Planning Services to determine if a preapplication conference is necessary to meet with the applicant and discuss information pertaining to the amendment. The standard preapplication form shall be used.

F.

Application Fee. An additional fifty percent (50%) of the permit fee shall be added to the cost of the Minor Amendment Special Review permit application fee when the USE is started without a Minor Amendment Special Review permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties.

G.

Application Requirements:

1.

One (1) original application form (additional copies may be required, on request of the Department of Planning Services).

2.

One (1) copy of the Special Review map; twenty-four (24) inches by thirty-six (36) inches. See Subsection I below for map requirements.

3.

One (1) eight-and-one-half inch by eleven-inch reduced copy of the twenty-four-inch by thirty-six-inch Special Review map.

4.

One (1) digital or electronic copy of completed application materials, if required.

5.

One (1) original minor amendment questionnaire.

6.

One (1) original Access Permit Application Form, if required. Clearly indicate all existing and proposed accesses (residential, agricultural, oil and gas, ditch, etc.).

7.

One (1) copy of the deed or legal instrument identifying the applicant's interest in the property.

8.

One (1) copy of the document showing evidence of adequate water supply (e.g., well permit or letter from water district). If using a well, please complete the Water Supply Information Summary, which is available from the Department of Planning Services.

9.

One (1) copy of the document showing evidence of adequate sewage disposal (e.g., septic permit or letter from the sanitary sewer district).

10.

One (1) copy of the affidavit and the certified list of the names, addresses and the corresponding parcel identification number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of property being considered. This list shall be compiled from the records of the County Assessor, the County website, www.co.weld.co.us, or a person qualified to do the task, and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services.

11.

Reserved.

12.

Application fee.

13.

Investigation fee, if required (fifty percent [50%] of the permit fee).

14.

Additional information as may be required by the Department of Planning Services and other Departments or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter and the policies of Chapter 22 of this Code.

H.

Questionnaire. The following questions are to be answered and submitted as part of the Minor Amendment application. If a question does not pertain to your use, please respond with "not applicable," with an explanation as to why the question is not applicable.

1.

Explain, in detail, the proposed amendment to the property.

2.

Explain how this proposal is consistent with the intent of the Comprehensive Plan, pursuant to Chapter 22 of this Code.

3.

What type of USES surround the site (explain how the proposed use is consistent and compatible with surrounding land USES).

4.

Describe, in detail, the following:

a.

Number of people who will use this site.

b.

Number of employees proposed to be employed at this site.

c.

Hours of operation.

d.

Type and number of STRUCTURES to be erected (built) on this site.

e.

Type and number of animals, if any, to be on this site.

f.

Kind of vehicles (type, size and weight) that will access this site and how often.

g.

Who will provide fire protection to the site.

h.

Water source on the property (both domestic and irrigation).

i.

Sewage disposal system on the property (existing and proposed).

j.

If storage or warehousing is proposed, what type of items will be stored.

k.

Explain how the stormwater drainage will be handled on the site.

l.

Explain where storage and/or stockpile of wastes will occur on this site.

I.

Use by Special Review (USR) Map Requirements. The map requirements for Minor Amendments shall be the same as required in Subsection 23-2-260.D, except that the certificates for the Board of County Commissioners and the Clerk to the Board are only required if the application is referred to the Board of County Commissioners; otherwise, a certificate for the Director of Planning Services shall be included.

J.

The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval of the draft map, the applicant shall submit a final map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty (120) days from the date the administrative review was signed. If the map has not been recorded within one hundred twenty (120) days from the date the administrative review was signed (or from the date the resolution was signed, if approved by the Board of County Commissioners), or if an applicant is unable to meet all of the conditions within one hundred twenty (120) days of approval, the applicant may request an extension from the Director of Planning Services. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the map recorded by the date specified by the Board, the approval shall be voided, and the application denied.

(Weld County Code Ordinance 2011-3; Weld County Code Ordinance 2016-5; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-09; Weld County Code Ordinance 2025-08)

A.

Construction or USE pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner.

B.

A Use by Special Review shall terminate when the USE is discontinued for a period of three (3) consecutive years, the USE of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the USE, or Planning Services staff may observe that the USE has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the USE may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit.

C.

Reserved.

D.

In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final and the Use by Special Review Permit is vacated.

E.

County staff shall draft a Board resolution setting forth the determination that a Use by Special Review is terminated. Record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. The Board of County Commissioners shall arrange for the Clerk to the Board to record the resolution.

(Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2019-02)

A.

The regulations contained herein shall apply to all new site selections of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES within the unincorporated lands of the COUNTY subsequent to the adoption of the ordinance codified herein. These regulations shall also apply to any expansion, enlargement or extension of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES after the adoption of the ordinance codified herein. These regulations do not apply to those MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY which are subject to the regulations regarding Areas and Activities of State Interest set forth in Chapter 21 of this Code. Any proposed MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY which requires a Special Review Permit and which is initiated by a general purpose local government, the State, United States government, special district or authority created under the provisions of the laws of the State or any PUBLIC utility whether publicly or privately owned, shall require review and approval by the Planning Commission only. The failure of the Planning Commission to take action on the application within thirty (30) days after the official submittal of the application for said DEVELOPMENT or USE shall be deemed an approval of the application unless the agency submitting the application is granted an extension of the thirty-day review period. If the Planning Commission disapproves an application for a Special Review Permit for said DEVELOPMENT or USE, the Planning Commission's disapproval may be overruled by the jurisdictional body or official making the application. The Planning Commission's disapproval may be overruled by said body by a vote of not less than a majority of its entire membership or by said official.

B.

MAJOR FACILITY OF A PUBLIC UTILITY is determined to be an area or activity of state interest. (See Chapter 21.)

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-6; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2012-3; Weld County Code Ordinance 2019-02)

Nothing in this Division shall be construed as exempting an applicant from any state or federal laws or regulations.

(Weld County Codification Ordinance 2000-1)

No person may locate or construct a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY in the County without first obtaining a Special Review Permit pursuant to these regulations, and no Building Permit for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY shall be approved without the applicant first obtaining approval of a Special Review Permit pursuant to these regulations.

(Weld County Codification Ordinance 2000-1)

A.

Any person wanting to apply for a Use by Special Review shall arrange for a preapplication conference with the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY in the unincorporated area of the County. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below.

B.

Upon determination that a submitted application is complete, the staff of the Department of Planning Services shall:

1.

Refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response to the proposal. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information on the proposal. The Planning Commission may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the proposal rests with the Planning Commission.

2.

Prepare staff comments and recommendations for presentation at the Planning Commission hearing, addressing all aspects of the application, its conformance with this Chapter and Chapter 22 of this Code and comments received from REFERRAL agencies.

3.

Set a Planning Commission hearing date.

4.

An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not required, but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors.

5.

Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the Major Facility is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing.

6.

Give notice of application for a Special Review Permit and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. For ELECTRIC TRANSMISSION LINE projects, notice of application shall be given for surface property owners for five hundred (500) feet on either side of the centerline of the proposed preferred alignment, and to interest holders (excluding mineral interests) in any real property proposed to be physically disturbed or crossed by the activity or DEVELOPMENT which is the subject of the application. Such notification shall be mailed, first-class, no less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2008-8; Weld County Code Ordinance 2011-3; Weld County Code Ordinance 2019-02)

A.

The Planning Commission shall hold a hearing to consider the application for the Special Review Permit. In making a decision on the proposed Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY, the Planning Commission shall, from the facts presented at the public hearing and the information contained in the official record, which includes the Department of Planning Services case file, approve the request for the Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY only if it finds that the applicant has met the applicable conditions of Section 23-2-400 below. The applicant has the burden of proof to show that the applicable conditions of Section 23-2-400 are met. The Planning Commission has final permit review authority for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY as described in Section 23-2-300 above.

B.

Where reasonable methods or techniques are available to mitigate any negative impacts which could be generated by the proposed MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY upon the surrounding area, the Planning Commission may condition the decision to approve the Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY upon implementation of such methods or techniques and may require sufficient performance guarantees to be posted with the COUNTY to guarantee such implementation.

C.

If the Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY is approved, the Planning Commission shall arrange for the Department of Planning Services to record the appropriate Facilities Plan, Utility Line or Selected Route Map with the County Clerk and Recorder.

D.

See Chapter 21 for regulations regarding Areas and Activities of State Interest.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2003-10)

The Special Review Permit duties of the Board of County Commissioners for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY are limited according to the provisions of Section 30-28-110, C.R.S., and the Home Rule Charter.

(Weld County Codification Ordinance 2000-1)

Any person seeking to locate and construct a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY in the County shall apply for a Special Review Permit on the forms provided by the Department of Planning Services. The application forms shall be accompanied by the supporting documents required by these regulations.

(Weld County Codification Ordinance 2000-1)

An adequate number of copies of the application for a Special Review Permit shall be submitted by the applicant to the Department of Planning Services. An application for a Special Review Permit shall contain the following information in such form as prescribed by the Department of Planning:

A.

The applicant's name and telephone number.

B.

Address of the applicant and general OFFICE.

C.

Summary statement of the project, to include when applicable:

1.

Source, capacity, destination and type of facilities, support STRUCTURES, lines, etc., involved.

2.

Number and description of alternative locations or routes considered, with a summary emphasizing reasons for favoring a particular site or route.

3.

Procedures, including reclamation measures, landscaping, buffering techniques or multiple uses, to be employed in efforts to mitigate any adverse impacts.

4.

Size of the anticipated work force, both temporary and permanent.

5.

A summary of the proposed water requirements, if any, to include the quality and quantity needed for each USE, source, storage facilities, points of diversion, treatment system and distribution system.

6.

A summary of the proposed fuel requirements, if any, to include the type and quantity needed, source and storage facilities.

7.

A description of the location and method of disposal of all forms of waste.

D.

A detailed report shall be submitted which includes information on the following items:

1.

A complete description of the facilities, including the source, capacity, destination and type of structures.

2.

A complete analysis of the alternative routes or sites considered, to include in each case:

a.

Reasons for consideration.

b.

Types of agricultural and other land USES affected.

c.

Construction cost of the proposed alternatives.

d.

Impacts on mineral resources.

e.

Impacts on wildlife habitat.

f.

Impacts on historical, archaeological and scenic resources.

g.

Visual impacts created by aboveground facilities.

h.

A description of any GEOLOGIC or FLOOD HAZARDS which could adversely affect the DEVELOPMENT.

i.

Advantages and disadvantages of the alternatives considered.

j.

The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property.

k.

The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site. If such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made.

3.

A description of the preferred alternative route or site and reasons for its selection.

4.

Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites.

5.

An outline of the planned construction and operation schedule, to include the number of stages and timing of each.

6.

Information of any public meeting conducted, to include the location, date, time, attendance and method of advertising.

7.

A description of the hazards, if any, of fire, explosion and other dangers to the health, safety and welfare of employees and the general PUBLIC.

8.

A description of emergency procedures to be followed in case of a reported failure or accident involving the proposed facility. Such outline shall include actions, if any, required of PUBLIC officials, including fire and police officials, and the names and telephone numbers of appropriate company officials to notify if an accident or failure should occur.

9.

A description of the method or procedures to be employed to avoid or minimize the impacts on irrigated agricultural land.

10.

A discussion of how the proposal conforms with the guidelines of Chapter 22 of this Code and any other applicable code provision or ordinance in effect.

11.

A discussion of the proposal for maintenance of the facility so as to prevent dust, soil erosion and the growth of NOXIOUS WEEDS.

12.

A drainage report outlining the method of preventing surface runoff from exceeding the historical flow.

13.

A Decommissioning Plan. Adequate financial assurance to cover the decommissioning of the facility may be required as a condition of approval of the Decommissioning Plan.

14.

Additional information required for ELECTRIC TRANSMISSION LINES:

a.

A discussion of the feasibility of utilizing any existing utility line corridors.

b.

A list of the names and addresses of the utility companies which have existing underground utility lines underlying the alternative routes.

15.

Additional information needed for POWER PLANT site proposals:

a.

Detailed information concerning water requirements, to include the quality needed for the USE, source, storage facilities, point of diversion, treatment system and distribution system.

b.

A description of the type of transportation facilities needed to service the facility.

c.

An outline of the types and numbers of operating and construction equipment to be employed.

d.

A discussion of the proposal for providing TEMPORARY and permanent housing to accommodate the work force. The description shall outline the number, type and location of the BUILDING dwellings.

e.

A letter from each utility company indicating its intention and ability to serve the DEVELOPMENT.

f.

A list of the names and addresses of all the local governments and special districts which would be affected by the DEVELOPMENT, and a statement of the anticipated overall impact on local governments and special district service capabilities, including: education, police protection, fire protection, water, sewer, health services and STREET/ROAD maintenance services.

g.

A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date.

h.

The written certification required by Section 24-65.5-103.3, C.R.S., if applicable. Such certification may be submitted on the date of the initial public hearing referred to in Section 24-65.5-103(1), C.R.S.

i.

A discussion of the potential air and water pollution impacts which may be created by the facility, along with proposed pollution control measures. This discussion should include any meteorological or climatological conditions which would cause the facility to create negative impacts on surrounding land USES.

j.

A description of any routine haul routes, identifying the STREETS/ROADS and bridges involved and the weight of the loads.

k.

Any other information determined to be necessary by the Department of Planning Services, the Planning Commission or its authorized representative to ensure the protection of the health, safety and welfare of the inhabitants of the COUNTY.

E.

The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property.

F.

The application fee. An additional fifty (50) percent of the permit fee shall be added to the cost of the application fee if the USE is started prior to issuance of a Special Review Permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2015-1; Weld County Code Ordinance 2019-02)

A.

The general drawing requirements for Facilities Plan Plats for SUBSTATION sites, oil and gas STORAGE AREAS and POWER PLANT sites are as follows:

1.

An electronic (.pdf) version of the plat shall be submitted concurrently with the written application.

2.

If approved, the plat shall be delineated in drawing ink on Mylar or other drafting media approved by the Department of Planning Services. The dimensions of the map shall be twenty-four (24) inches by thirty-six (36) inches.

3.

The plat shall be prepared and certified by a land surveyor registered in the State.

B.

Vicinity Map. The proposed site shall be identified on the vicinity map. The vicinity map shall also identify the zone districts, subdivisions, water bodies, transportation facilities and towns within a three-mile radius.

C.

Site Plan. The Site Plan shall be drawn at a scale of one (1) inch equals one hundred (100) feet. This scale may be varied upon approval of the Department of Planning Services. The Site Plan shall depict the following:

1.

Include the property under application, as well as features within five hundred (500) feet of the parcel boundaries.

2.

Include a certified boundary survey of the property. Bearing and distances of all perimeter boundary lines shall be indicated outside the boundary line.

3.

Show the existing topography of the site at ten-foot contour intervals, as solid lines, and the proposed topography of the site at ten-foot contour intervals as dashed lines.

4.

Show the name and location of all streams, including normally dry streams, ponds or other bodies of water, existing structures, STREETS/ROADS, bridges, irrigation ditches, oil and gas wells, utility lines, LANDSCAPE features and easements.

5.

Show the size and location of proposed STRUCTURES or associated facilities such as access drive, parking area, LANDSCAPED area and fencing.

6.

Include such additional information as may be required to satisfactorily explain the general characteristics of the proposed facility.

D.

Legend. The legend shall include:

1.

A certified boundary description of the property. The description shall include the total acreage of the surveyed parcel.

2.

DEVELOPMENT STANDARDS governing the location, design, construction and operation of the proposed facility.

3.

Certificates:

a.

Surveyor's certificate.

b.

Certificate of responsibility to be signed by the applicant.

c.

Planning Commission certificate.

4.

Title, scale and north arrow.

5.

Date, to show revision dates if applicable.

E.

Upon approval, the applicant shall submit the plat, along with all other documentation required as conditions of approval. The plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services within one hundred twenty (120) days from the date of the Planning Commission resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) plat has not been recorded within one hundred twenty (120) days from the date of the Planning Commission resolution, or within a date specified by the Planning Commission, the Planning Commission may require the applicant to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) plat. The Planning Commission may extend the date for recording the plat. If the Planning Commission determines that conditions supporting the original approval of the Use by Special Review (USR) plat cannot be met, the Planning Commission may, after a public hearing, revoke the Use by Special Review (USR).

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2019-02)

A.

The general drawing requirements for Utility Line Plan Maps for ELECTRIC TRANSMISSION LINES are as follows:

1.

A utility line plan map shall be submitted in two (2) stages:

a.

Alternate route map set.

b.

Selected route map set.

2.

An electronic (.pdf) version of the alternate route map set shall be submitted concurrently with the written application.

3.

The selected route map set shall be submitted for recording after approval of a route by the Planning Commission.

B.

The alternate route map set shall:

1.

Include a vicinity map which displays the location of all the alternative routes within the County in relation to towns, major water features and major transportation features. The vicinity map shall be prepared at a suitable scale on a sheet twenty-four (24) inches by thirty-six (36) inches in size. The vicinity map shall function as a map index for the detailed route maps shown on the U.S.G.S. topographic quadrangle maps.

2.

Include a route map showing the proposed alternate routes through the County. The routes shall be shown on a 1:24,000 scale U.S.G.S. topographic quadrangle map. The centerline of each of the proposed alternate routes shall be displayed on the route map. The route map shall also show the areas of irrigated and nonirrigated agricultural land use, as well as future land use designations for the areas around the towns which have adopted master plans. In addition, the 1:24,000 U.S.G.S. topographic base map shall be updated to accurately depict any significant new man-made features within one (1) mile of any of the proposed routes.

3.

Include such additional information as may be required by the Board of County Commissioners or its duly authorized representative.

C.

The selected route map set shall:

1.

Be submitted on a sheet twenty-four (24) inches by thirty-six (36) inches in size.

2.

Be drafted in black drawing ink on Mylar or other drafting media approved by the Director of Planning Services.

3.

Include a vicinity map at a suitable scale (1" = 2000' minimum) which displays the location of the approved route within the County and its relationship to towns, major water features and major transportation features.

4.

Include a detailed route map showing the approved route through the County. The approved route shall be displayed on a 1:24,000 scale U.S.G.S. topographic quadrangle. The map shall display the centerline of the approved route and all of the features depicted on the U.S.G.S. topographic quadrangle within one (1) mile on each side of the approved route. The base map shall be updated to include any significant new man-made features within one (1) mile on each side of the approved route.

D.

Legend. A legend shall be included consisting of the following items:

1.

DEVELOPMENT STANDARDS governing the location, design, construction and operation of the proposed facility.

2.

Certificates as contained in Section 23-2-380 D.3 above.

3.

Title, scale and north arrow.

4.

Such additional information as may be required by the Planning Commission to satisfactorily explain the general requirements of the facility as approved.

E.

Upon approval, the applicant shall submit the map, along with all other documentation required as conditions of approval. The map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services within one hundred twenty (120) days from the date of the Planning Commission resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Planning Commission resolution, or within a date specified by the Planning Commission, the Planning Commission may require the applicant to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Planning Commission may extend the date for recording the map. If the Planning Commission determines that conditions supporting the original approval of the Use by Special Review (USR) map cannot be met, the Planning Commission may, after a public hearing, revoke the Use by Special Review (USR).

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2015-1; Weld County Code Ordinance 2019-02)

The Planning Commission may approve an application for site selection and construction or expansion of a MAJOR FACILITY OF A PUBLIC UTILITY only if all applicable requirements of this Division are met, and the applicant has shown that the application is consistent with the following standards:

A.

Reasonable efforts have been made to avoid irrigated cropland or to minimize the impacts on such lands in those cases where avoidance is impractical.

B.

The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable MASTER PLANS.

C.

The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible.

D.

The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of NOXIOUS WEEDS.

E.

The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety and welfare of the inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential adverse impacts from the proposed facility.

F.

The proposed facility will be supplied by an adequate water supply which has been evaluated with reference to the impacts of the USE of such supply on agricultural USES. All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural USES and lands.

G.

All reasonable alternatives to the proposal have been adequately assessed, and the proposed action is consistent with the best interests of the people of the COUNTY and represents a balanced use of resources in the affected area.

H.

It has been determined that the nature and location or expansion of a proposed POWER PLANT facility will not create an expansion of the demand for government services beyond the reasonable capacity of an impacted community or the COUNTY to provide such services. Where it is indicated that such an expansion of the demand for services will occur beyond the reasonable capacity to provide such services, the applicant must clearly show how such impacts will be mitigated prior to approval of the proposal by the COUNTY.

I.

It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and County air quality standards.

J.

Adequate electric, gas, telephone, water, sewage and other utilities exist or can be developed to service the site.

K.

The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological site within the affected area.

L.

The applicant's engineer has certified that the drainage plans developed for and to be implemented on the site will prevent surface drainage from leaving the site which would exceed historic runoff flows.

M.

Where a proposed POWER PLANT is to be located in an area where a sufficient housing supply is unavailable for the anticipated immigrant construction force, the applicant for the location of such a facility shall present plans showing how housing will be provided for such workers without creating major negative impacts on existing residents in the impacted communities.

N.

The applicant shall submit signed copy of the notice of inquiry form demonstrating that the IGA municipality does not wish to annex, if required by the IGA.

O.

Applicants for activities reviewed pursuant to this Division 5 as MAJOR FACILITIES OF PUBLIC UTILITIES shall have the burden of proof to demonstrate that there is a need for the facility within the proposed area of service, and the Planning Commission shall be satisfied that a need exists as part of the determinations for any such permit.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2019-02)

Any approved Special Review Permit for MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY shall be limited to the items shown on the Special Review Plan Map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special Review Plan Map or DEVELOPMENT STANDARDS for the Special Review Permit for MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY shall require the approval of an amendment to the permit by the Planning Commission before such changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed with the Department of Planning Services with the approved Special Review Permit.

(Weld County Codification Ordinance 2000-1)

A.

Uses by Special Review are USES which have been determined to be more intense or to have a potentially greater impact than the Uses Allowed by Right in a particular zone district. Therefore, Uses by Special Review require additional consideration to ensure that they are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD. The additional consideration or regulation of Uses by Special Review, and the application to a Use by Special Review of Performance, Design and Operations Standards listed both herein and for applicable USES from any zone district, are designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY.

B.

The Board of County Commissioners may approve the establishment of a Use by Special Review for PIPELINE - DOMESTIC WATER by granting a Use by Special Review Permit. All requests for Use by Special Review Permit shall be reviewed by the Planning Commission. The Planning Commission's recommendation shall be forwarded to, and considered by, the Board of County Commissioners.

C.

Any person filing an application for a Use by Special Review Permit shall comply with the COUNTY procedures and regulations as set forth herein. Any expansion or enlargement of a Use by Special Review shall be treated as a new USE and shall require a new application under the provisions of this Division.

D.

Ordinary repairs and maintenance located within easements or rights-of-way of PIPELINE - DOMESTIC WATER approved pursuant to these regulations shall not be treated as a new USE. Ordinary repairs and maintenance may be performed upon STRUCTURES associated with a Use by Special Review so long as such repairs and maintenance do not have the effect of expanding or enlarging the USE.

E.

Applications for Use by Special Review Permits shall be completed as set forth in Section 23-2-500. The complete application and application fees shall be submitted to the Department of Planning Services.

F.

The applicant shall submit one (1) paper or electronic copy of the map for preliminary approval to the Department of Planning Services. Upon approval of the paper copy, the applicant shall submit a Mylar map, along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Subsection 23-2-520 of this Article. The Mylar map and additional requirements shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner/applicant to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) map cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR).

G.

The County may require a Road Maintenance Agreement for the construction of required improvements to mitigate impacts caused by the PIPELINE - DOMESTIC WATER. The Road Maintenance Agreement shall conform with the County policy for improvements and agreements and must be approved by the Board of County Commissioners prior to operation.

H.

Prior to construction, Pipelines permitted through this process shall meet the requirements set forth in the Right-of-Way Use Permit, by the Department of Public Works in accordance with Section 12-4-10.

(Weld County Code Ordinance 2015-1; Weld County Code Ordinance 2015-25; Weld County Code Ordinance 2016-07; Weld County Code Ordinance 2018-05)

Nothing in this Division shall be construed as exempting an applicant from any state or federal laws or regulations.

(Weld County Code Ordinance 2015-1)

No person shall locate or construct a PIPELINE - DOMESTIC WATER in the unincorporated COUNTY without first obtaining a Use by Special Review Permit pursuant to this Division 6.

(Weld County Code Ordinance 2015-1; Weld County Code Ordinance 2015-25; Weld County Code Ordinance 2016-07; Weld County Code Ordinance 2018-05; Weld County Code Ordinance 2019-02)

A.

Any person wanting to apply for a Use by Special Review shall arrange for a preapplication conference with the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for a PIPELINE - DOMESTIC WATER in the unincorporated area of the County. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below.

B.

Upon determination that a submitted application is complete, the staff of the Department of Planning Services shall:

1.

Refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Use by Special Review. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for a Use by Special Review Permit rests with the Board of County Commissioners.

2.

Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with Chapter 22 of this Code and any other applicable code provision or ordinance in effect, adopted MASTER PLANS of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter.

3.

Set a Planning Commission hearing date and a Board of County Commissioners hearing date.

4.

An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not required, but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors.

5.

Notice of application for a PIPELINE - DOMESTIC WATER and the public hearing dates shall be given to surface property owners within one hundred fifty (150) feet on each side of the centerline of the proposed preferred alignment, and to fee interest holders (excluding mineral interests) in any real property proposed to be physically disturbed or crossed by the activity or DEVELOPMENT which is the subject of the application. Such notification shall be mailed, first-class, no less than ten (10) days before the scheduled Planning Commission public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification.

6.

Prepare staff comments and recommendations for presentation at the Board of County Commissioners hearing, addressing all aspects of the application, its conformance with this Chapter and Chapter 22 of this Code and comments received from REFERRAL agencies.

7.

Arrange for legal notice of hearings to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper published in the area in which the construction is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing.

(Weld County Code Ordinance 2015-1; Weld County Code Ordinance 2015-25; Weld County Code Ordinance 2016-07; Weld County Code Ordinance 2018-05; Weld County Code Ordinance 2019-02)

A.

The Planning Commission shall hold a hearing to consider the application for the Use by Special Review Permit. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Use by Special Review Permit. The Planning Commission shall recommend approval of the request for the Use by Special Review Permit only if it finds that the applicant has met the standards or conditions of Section 23-2-480 of this Division and Chapter 22 of the Weld County Code. The applicant has the burden of proof to show that the standards and conditions of Section 23-2-480 of this Division and Chapter 22 of the Weld County Code are met. The applicant shall demonstrate:

1.

All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural USES and lands.

2.

The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and future DEVELOPMENT of the surrounding area, as set forth in applicable MASTER PLANS.

3.

The design of the proposed PIPELINE - DOMESTIC WATER mitigates negative impacts on the surrounding area to the greatest extent feasible.

4.

The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of NOXIOUS WEEDS.

5.

The applicant has agreed to implement any reasonable measures deemed necessary by the Board of County Commissioners to ensure that the health, safety and welfare of the inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE - DOMESTIC WATER.

6.

All reasonable alternatives to the proposal have been adequately assessed, and the proposed action is consistent with the best interests of the people of the COUNTY and represents a balanced use of resources in the affected area.

7.

The nature and location or expansion of the PIPELINE - DOMESTIC WATER will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area.

8.

No adverse impact from stormwater runoff to the PUBLIC RIGHTS-OF-WAY and/or surrounding properties as a result of the PIPELINE - DOMESTIC WATER.

B.

The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Clerk to the Board within ten (10) days after said recommendation has been made.

C.

If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the hearing by the Board of County Commissioners, the ten-day period shall commence upon submission of the items by the applicant to the Department of Planning Services.

(Weld County Code Ordinance 2015-1; Weld County Code Ordinance 2015-25; Weld County Code Ordinance 2016-07; Weld County Code Ordinance 2018-05; Weld County Code Ordinance 2019-02)

The Board of County Commissioners shall hold a hearing to consider the application for construction or expansion of a PIPELINE - DOMESTIC WATER. The Board of County Commissioners may approve the application only if all applicable requirements of this Division are met, and the applicant has shown that the application is consistent with Chapter 22 of the Weld County Code and the following standards:

A.

All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural USES and lands.

B.

The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and future DEVELOPMENT of the surrounding area as set forth in applicable MASTER PLANS.

C.

The design of the proposed PIPELINE - DOMESTIC WATER mitigates negative impacts on the surrounding area to the greatest extent feasible.

D.

The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of NOXIOUS WEEDS.

E.

The applicant has agreed to implement any reasonable measures deemed necessary by the Board of County Commissioners to ensure that the health, safety and welfare of the inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE - DOMESTIC WATER.

F.

All reasonable alternatives to the proposal have been adequately assessed, and the proposed action is consistent with the best interests of the people of the COUNTY and represents a balanced use of resources in the affected area.

G.

The nature and location or expansion of the PIPELINE - DOMESTIC WATER will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area.

H.

No adverse impact from stormwater runoff to the PUBLIC RIGHTS-OF-WAY and/or surrounding properties shall result from the PIPELINE - DOMESTIC WATER.

(Weld County Code Ordinance 2015-1; Weld County Code Ordinance 2015-25; Weld County Code Ordinance 2016-07; Weld County Code Ordinance 2017-08; Weld County Code Ordinance 2018-05; Weld County Code Ordinance 2019-02)

Any person seeking to locate and construct a PIPELINE - DOMESTIC WATER in the County shall apply for a Use by Special Review Permit on the forms provided by the Department of Planning Services. The application forms shall be accompanied by the supporting documents required by these regulations.

(Weld County Code Ordinance 2015-1; Weld County Code Ordinance 2015-25; Weld County Code Ordinance 2016-07; Weld County Code Ordinance 2018-05)

An adequate number of copies of the application for a Use by Special Review Permit shall be submitted by the applicant to the Department of Planning Services. An application for a Use by Special Review Permit shall contain the following information in such form as prescribed by the Department of Planning Services:

A.

The applicant's name and telephone number.

B.

Address of the applicant.

C.

Summary statement of the project, to include when applicable:

1.

Source, capacity, size, destination and type of facilities, support STRUCTURES, lines, etc., involved.

2.

A detailed report shall be submitted which includes information on the following items:

a.

A description of the PIPELINE - DOMESTIC WATER.

b.

A description of the preferred route or location of the PIPELINE - DOMESTIC WATER and reasons for its selection.

c.

Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites.

d.

An outline of the planned construction, including startup and commissioning schedule, to include the number of stages and timing of each.

e.

Information of any Neighborhood Meeting conducted, to include the location, date, time, attendance and method of advertising.

f.

A description of the hazards, if any, of fire, explosion and other dangers to the health, safety and welfare of employees and the general PUBLIC.

g.

A description of emergency procedures to be followed in case of a reported failure or accident involving the proposed PIPELINE - DOMESTIC WATER. Such outline shall include actions, if any, required of PUBLIC officials, including fire and police officials, and the names and telephone numbers of appropriate company officials to notify if an accident or failure should occur.

h.

A description of the method or procedures to be employed to avoid or minimize the impacts on irrigated agricultural land.

i.

A discussion of how the proposal conforms with the guidelines of Chapter 22 of this Code and any other applicable code provision or ordinance in effect.

j.

A Decommissioning Plan.

k.

A traffic narrative describing construction traffic and permanent or temporary access points.

l.

A description of any haul routes to be used during construction, identifying STREETS/ROADS and bridges involved and the weight of the loads.

m.

Soils reports required for pipeline crossings or any pipeline encroaching in PUBLIC RIGHT-OF-WAY, if required by the Department of Public Works.

n.

Any other information determined to be necessary by the Department of Planning Services or its authorized representative to ensure the protection of the health, safety and welfare of the inhabitants of the COUNTY.

D.

A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of owners of surface properties located within one hundred fifty (150) feet of the PIPELINE - DOMESTIC WATER. The source of such list shall be the records of the County Assessor, or an ownership update from a title, abstract company, or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date.

E.

The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property.

F.

The application fee. An additional fifty (50) percent of the permit fee shall be added to the cost of the application fee if the USE is started prior to issuance of a Special Review Permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties.

(Weld County Code Ordinance 2015-1; Weld County Code Ordinance 2015-25; Weld County Code Ordinance 2016-07; Weld County Code Ordinance 2018-05; Weld County Code Ordinance 2019-02)

A.

Be submitted on a sheet twenty-four (24) inches by thirty-six (36) inches in size.

B.

Be drafted in black drawing ink on Mylar or other drafting media approved by the Director of Planning Services.

C.

Include a vicinity map at a suitable scale (1" = 2,000' minimum or as approved by the Department of Planning Services) which displays the location of the route within the County and its relationship to towns, major water features and major transportation features.

D.

Include a detailed map showing the approved route through the County. The approved route shall be displayed on a 1:200 scale map. The map shall show the recorded easements for the PIPELINE - DOMESTIC WATER. The map shall also include the location of the existing and future right-of-way above ground appurtenances, including, but not limited to, valve sites, laydown yards, parking and staging areas, temporary and permanent access points. The map shall include the location of the following items which exist within the easement boundaries:

1.

The physical location of the STREET/ROAD.

2.

All existing and future PUBLIC RIGHTS-OF-WAY.

3.

All existing easements of record.

4.

Irrigation ditches, canals, and laterals.

5.

Adjacent property lines and respective owners' names of record.

6.

Topography at ten-foot contour intervals or at intervals as determined necessary by the Department of Planning Services.

7.

Identify GEOLOGIC HAZARD AREAS and/or SPECIAL FLOOD HAZARD AREAS.

8.

The map shall include any significant man-made features within one-half (0.5) mile on each side of the route.

E.

Include detailed drawing of pipeline at intersection of any COUNTY STREET/ROAD, section line, or bridge. Drawings at intersections must be in plan and profile, and shall be at a scale of 1:100 or as determined by the Department of Public Works. PIPELINE - DOMESTIC WATER must meet the minimum requirements for cover, as determined by the Department of Public Works.

F.

Legend.

G.

DEVELOPMENT STANDARDS.

H.

The Use by Special Review Permit Plan Map shall include certificates for the PIPELINE - DOMESTIC WATER owner's signature, Planning Commission, and the Board of County Commissioners and the Clerk to the Board. The required content of the certificates is available from the Department of Planning Services.

I.

Title, scale and north arrow.

J.

For each parcel that the PIPELINE - DOMESTIC WATER crosses include: (1) Property owner name; (2) Parcel Number; (3) Quarter Section and Section, Township and Range; and (4) Reception Number for the Easement/Rights-of-Way.

(Weld County Code Ordinance 2018-05; Weld County Code Ordinance 2019-02)

Editor's note— Ord. No. 2018-05, adopted October 8, 2018, amended § 23-2-520 in its entirety to read as herein set out. Former § 23-2-520, pertained to drawing requirements for pipeline - natural gas and pipeline - petroleum products other than natural gas and pipeline - domestic water maps. See Disposition of Ordinances Table for complete derivation.

Editor's note— Ord. No. 2017-08, adopted December 11, 2017, repealed § 23-2-530, which pertained to standards and derived from Weld County Code Ordinance 2015-1; Weld County Code Ordinance 2015-25; Weld County Code Ordinance 2016-07.

Any approved Use by Special Review Permit for a PIPELINE - DOMESTIC WATER shall be limited to the items shown on the Use by Special Review Plan Map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Use by Special Review Map or DEVELOPMENT STANDARDS for the Use by Special Review Permit for a PIPELINE - DOMESTIC WATER shall require the approval of an amendment to the permit by the Planning Commission and approval by the Board of County Commissioners before such changes from the map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed with the Department of Planning Services with the approved Use by Special Review Permit.

(Weld County Code Ordinance 2015-1; Weld County Code Ordinance 2015-25; Weld County Code Ordinance 2016-07; Weld County Code Ordinance 2018-05)

Fees shall be collected in accordance with this Division 9 and Section 5-7-10 of this Code.

(Weld County Code Ordinance 2019-02)

A.

Review fees charged by a state agency for the review of any Land Use applications shall be made payable, by check or money order, to the state reviewing agency in the amount set by state law. The fee shall be paid at the time the application is submitted for consideration by the COUNTY. Failure to pay said fee shall result in the Land Use Application being considered an incomplete application and will not be assigned a case number or hearing date until the fee is paid.

B.

If the COUNTY does not have qualified staff to review certain elements of a proposal or referral agencies are not able to adequately advise the County regarding certain elements of a Land Use Application, the Board of County Commissioners may authorize that the review be performed by a qualified outside consultant engaged or approved by the Director of Planning Services and the reasonable costs of this review shall be paid by the applicant, as determined by the Board of County Commissioners. No approvals or conditional approvals will be granted by the Planning Commission or the Board of County Commissioners until the consultant's fee has been paid by the applicant after proper billing.

An additional investigation fee shall be added to the cost of the permit application when specific land, USES, BUILDINGS, MOBILE HOMES, MANUFACTURED HOMES and STRUCTURES that require a permit by this Chapter are located, moved, operated or constructed prior to obtaining a permit. The investigation fee shall be fifty percent (50%) of the fee established by separate action by the Board of County Commissioners for Land Use Applications. In no event shall the investigation fee exceed an amount set by separate action by the Board of County Commissioners. The payment of such investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties prescribed herein.

The fee for the hazardous waste disposal site established by the Board of County Commissioners may be refunded in whole or in part by decision of the Board of County Commissioners. The amount of the refund, if any, shall be determined, in part, based upon the cost incurred by the COUNTY in reviewing the application and shall include, but not be limited to, outside consultant work, staff time and state and local agency fees.

The policy on Collateral as outlined in Chapter 8, Article II, of this Code shall be followed.

(Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2025-08)