A.

Refer to Chapter 12, Article VII, of the Weld County Code.

The location, design, construction and number of spaces required for off-street parking shall be as set forth in this Division.

(Weld County Codification Ordinance 2000-1)

A.

If the land USE with respect to which the off-street parking requirements exist is confined to a single LOT, the off-street parking spaces shall be within that LOT or on a different LOT, properly zoned, not more than five hundred (500) feet distant, measured along a PUBLIC STREET/ROAD or ALLEY which connects the two (2) LOTS. If the land USE is located on two (2) or more commonly owned and adjoining LOTS, the off-street parking spaces may be located on any one (1) or more of those LOTS or on a properly zoned LOT separated from them by not more than five hundred (500) feet, measured in the same way.

B.

Off-street parking areas may be permitted within the required SETBACK or OFFSET areas.

C.

Parking areas shall not be permitted in any RIGHTS-OF-WAY.

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

A.

Off-street parking areas for passenger vehicles shall be designed and constructed in compliance with the standards listed in Appendix 23-A.

B.

In off-street parking areas for passenger vehicles with ten (10) or more spaces, ten percent (10%) of the spaces may be for small cars. The dimensions of the small car spaces may be fifteen percent (15%) less than the standard dimensions specified above. Such spaces shall be designated by signs which indicate that they are for small or compact cars only.

C.

Off-street parking spaces including access drives shall be surfaced with gravel, asphalt, concrete or equivalent and shall be graded to prevent drainage problems. PARKING LOT surfaces shall be consistent with the surrounding DEVELOPMENT, but any USE requiring approval of a Site Plan Review shall have paved PARKING LOTS.

D.

Each space shall be equipped with wheel guards or curb blocks when necessary to prevent vehicles from extending beyond the boundary of the space and from coming into contact with other vehicles, walls, fences or plantings.

E.

Lighting provided for off-street parking spaces shall be arranged so as to minimize illumination onto adjoining residential USES and so as to prevent glare directed at vehicles on STREETS/ROADS and ALLEYS.

F.

Reserved. (See Subsection C above.)

G.

PARKING LOTS shall conform to all standards of the Americans with Disabilities Act.

H.

PARKING LOTS with two-way driveways will be provided with sufficient turning lane widths to allow two (2) vehicles to pass.

I.

No plant material located in driveway sight distance triangles shall be allowed to reach a height greater than three and one-half (3.5) feet.

J.

Landscaping techniques shall be utilized in design of PARKING LOTS to aid in buffering PARKING LOTS from STREETS/ROADS. The PARKING LOT of any USE requiring approval of a Site Plan Review shall be SCREENED from PUBLIC RIGHTS-OF-WAY and ADJACENT properties zoned R-1, R-2, R-3, R-4 or R-5.

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

The minimum number of off-street parking spaces for the type of land USE is as listed in Appendix 23-B.

(Weld County Codification Ordinance 2000-1)

A.

Off-street loading spaces shall be required for LOTS in the I and C Zone Districts. Off-street loading spaces shall be located and SCREENED from PUBLIC RIGHTS-OF-WAY and ADJACENT properties zoned R-1, R-2, R-3, R-4 or R-5. One (1) off-street loading space shall be required if the COMMERCIAL or industrial USE is located in a BUILDING containing between ten thousand (10,000) square feet and twenty thousand (20,000) square feet of GROSS FLOOR AREA, and one (1) additional off-street loading space shall be required for each additional twenty thousand (20,000) square feet or fraction thereof of GROSS FLOOR AREA.

B.

Each off-street loading space shall be at least thirty-five (35) feet in length and ten (10) feet in width and shall be unobstructed from the surface up to a height of at least fifteen (15) feet.

C.

Off-street loading spaces shall be surfaced with either gravel, asphalt or concrete and shall be graded so as to prevent drainage problems. Each space should be equipped with wheel guards when necessary to prevent vehicles from extending beyond the boundary of this space and from coming into contact with other vehicles, walls, fences or plantings. Off-street loading area surfaces shall be consistent with the surrounding DEVELOPMENT, but any USE requiring approval of a Site Plan Review shall have a paved off-street loading area.

D.

Lighting provided for off-street loading spaces shall be arranged so as to minimize illumination onto ADJACENT residential property and so as to prevent glare directed at vehicles on STREETS/ROADS and ALLEYS.

E.

Off-street loading spaces shall be located in such a way that, when the space is being used to load or unload a vehicle, no part of the vehicle will occupy an ADJACENT STREET/ROAD or sidewalk.

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

A.

The purpose of this Division is to provide standards to promote, preserve, and protect the health, safety, and general welfare in the unincorporated lands of the COUNTY.

B.

These regulations are intended to:

1.

Encourage the effective use of SIGNS as a means of communication,

2.

Protect the safety of pedestrians and motorists by avoiding excessive levels of distraction,

3.

Maintain and enhance the appearance of the COUNTY by avoiding excessive levels of visual clutter,

4.

Ensure SIGNS in unincorporated Weld County are well-constructed and maintained,

5.

Safeguard property values and promote economic development,

6.

Minimize the potential adverse effects of SIGNS on nearby public and private property, and

7.

Recognize rights of free speech by regulating SIGNS in a fair, consistent, and content neutral manner.

C.

No SIGN shall be erected, placed, established, painted, created, enlarged, or maintained in unincorporated Weld County, except in conformance with this Code.

D.

SIGNS erected or maintained by the COUNTY or the Colorado Department of Transportation shall be exempt from the provisions of this Division.

E.

SIGNS required by any government agency having jurisdiction shall be exempt from the provisions of this Division and shall not count toward allowable SIGN limits.

(Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-16; Weld County Code Ordinance 2025-08)

A.

SIGNS and components, including supports, braces, and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance.

B.

Lighting. SIGNS that are electronically adjustable for lighting shall comply with the provisions of this subsection. Other SIGNS shall be brought into compliance with this subsection when any maintenance is conducted on the lighting system, including, without limitation, replacing bulbs and fixtures.

1.

The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public health, safety, or welfare.

2.

The use of exposed light bulbs independently or as a SIGN or portion of a SIGN that is visible from any LOT line on which the SIGN is located is prohibited.

3.

Light sources shall be directed and shielded such that SIGNS do not create light spillover of greater than three-tenths (0.3) footcandles in excess of ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY. ELECTRONIC MESSAGE DISPLAYS shall not cast illumination at a level exceeding three-tenths (0.3) footcandles over ambient lighting conditions onto any adjoining LOT or RIGHT-OF-WAY.

4.

SIGNS in the Agricultural, Residential, and Estate zones shall not contain internal illumination but may be externally illuminated in compliance with this subsection.

5.

Illuminated SIGNS and their lighting shall not flash, blink, flicker, vary in intensity, or move.

C.

No SIGN shall be erected within or extend over RIGHT-OF-WAY except by the owner of the RIGHT-OF-WAY. The COUNTY may remove and dispose of any SIGN within COUNTY RIGHT-OF-WAY without notice.

D.

If a LOT is located in more than one (1) zoning district, the more restrictive SIGN limits shall apply to the entire LOT.

E.

SIGNS other than FLAGS shall be stationary at all times.

F.

SIGNS shall comply with applicable state and federal regulations.

G.

For the purposes of this Code, PORTABLE SIGNS shall be considered FREESTANDING SIGNS and shall be required to comply with all applicable regulations.

H.

The following are prohibited in all zoning districts in unincorporated Weld County:

1.

Searchlights, flashing lights, mirrors, flames, smoke, or beacons used to attract attention to a business.

2.

SIGNS in a sight distance triangle, as described in Appendix 8-Q of this Code, or any SIGN that may be confused with a traffic control device and/or may present a danger due to its potential to interfere with, mislead, or confuse the steady and safe flow of traffic.

3.

SIGNS within five (5) feet of a fire hydrant.

4.

SIGNS attached directly or indirectly to trees, rocks, or anything not located on the same LOT as the SIGN.

5.

BANNER SIGNS affixed to SEMI-TRAILERS, vehicles, or other movable objects.

6.

A CARGO CONTAINER shall not be used in any manner to display a SIGN.

7.

DERELICT SIGNS.

8.

BUILDING SIGNS that extend vertically above the highest portion of the roof or parapet.

9.

Any SIGN not in compliance with the provisions of this Division.

(Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-16)

Editor's note— Weld County Code Ordinance 2021-16, repealed § 23-4-75, which pertained to definitions and derived from Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2007-1; Weld County Code Ordinance 2016-10; Weld County Code Ordinance 2019-02.

A.

ELECTRONIC MESSAGE DISPLAYS are only allowed in Commercial and Industrial zoning districts and PLANNED UNIT DEVELOPMENTS with Commercial and Industrial zone USES. Regardless of zoning, limitations on SIGNS on LOTS owned and operated by public agencies shall be the same as for properties located in the C and I zones. For the purpose of this section, "public agencies" shall include, but not be limited to, police, ambulance, and fire stations or facilities, water district OFFICES, PUBLIC SCHOOLS, PUBLIC libraries, and federal, state, and local government agencies.

B.

ELECTRONIC MESSAGE DISPLAYS shall not be located within five hundred (500) feet of any LOT zoned Residential, Estate, or PLANNED UNIT DEVELOPMENT with Residential or Estate USES or any incorporated LOT with residential USES, unless the ELECTRONIC MESSAGE DISPLAY faces away from the residential LOT.

C.

No more than fifty (50) percent of the area of a FREESTANDING SIGN may consist of an ELECTRONIC MESSAGE DISPLAY.

D.

No more than fifty (50) percent of the area of allowed signage on a wall may consist of an ELECTRONIC MESSAGE DISPLAY, and the back of the SIGN shall not project more than one (1) foot from the wall.

E.

ELECTRONIC MESSAGE DISPLAYS shall be equipped with a malfunction display and the ability to automatically shut off if a malfunction occurs, shall have automatic dimmer software or ambient light monitors to control brightness for nighttime viewing, and shall comply with lighting provisions of this Division 2. The display of an ELECTRONIC MESSAGE DISPLAY, including its brightness, shall not change more frequently than every ten (10) seconds. ELECTRONIC MESSAGE DISPLAYS shall change only instantly or through dissolve or fade transitions, or with the use of other subtle transitions and frame effects that do not have the appearance of moving text or images. Existing ELECTRONIC MESSAGE DISPLAYS shall be brought into compliance with this subsection upon the effective date of the ordinance.

(Weld County Code Ordinance 2021-16; Weld County Code Ordinance 2025-08)

Editor's note— Weld County Code Ordinance 2021-16, amended § 23-4-80 in its entirety to read as herein set out. Former § 23-4-80, pertained to sign construction standards, and derived from Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2019-02.

A.

Commercial (C) and Industrial (I) zones:

1.

SIGNS on BUILDINGS in the C and I zones:

a.

SIGNS on BUILDINGS shall be limited to no more than ten percent (10%) of the area of the wall to which it is attached (measured as a two-dimension projection), up to a maximum of one hundred fifty (150) square feet per individual SIGN, with no limit on the number of such SIGNS.

b.

BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall.

2.

FREESTANDING SIGNS in the C and I zones:

a.

Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN.

b.

Height. FREESTANDING SIGNS in the C and I zones shall be limited to no more than twenty-five (25) feet in height.

c.

Area.

1)

On LOTS of less than two (2) acres, FREESTANDING SIGNS in the C and I zones shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to ninety (90) square feet.

2)

On all other LOTS, FREESTANDING SIGNS in the C and I zones shall be limited to no more than one hundred fifty (150) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to one hundred eighty (180) square feet.

3.

BANNER SIGNS in the C and I zones:

a.

Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN.

b.

Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height.

c.

Area. BANNER SIGNS shall be limited to no more than forty (40) square feet.

B.

Agricultural (A) zone outside of SUBDIVISIONS and HISTORIC TOWNSITES:

1.

SIGNS on BUILDINGS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES:

a.

SIGNS on BUILDINGS shall be limited to no more than five percent (5%) of the area of the wall to which it is attached (measured as a two-dimension projection), up to a maximum of seventy-five (75) square feet total on any given wall, with no limit on the number of such SIGNS.

b.

BANNER SIGNS attached to walls shall not count toward the maximum area of signage for the wall.

2.

FREESTANDING SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES:

a.

Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on one (1) or more PUBLIC STREET/ROAD shall be limited to two (2) FREESTANDING SIGNS. All other LOTS shall be limited to one (1) FREESTANDING SIGN.

b.

Height. FREESTANDING SIGNS shall be limited to no more than fifteen (15) feet in height.

c.

Area. FREESTANDING SIGNS shall be limited to no more than seventy-five (75) square feet in area, unless the height of the SIGN is ten (10) feet or less, in which case the area is limited to ninety (90) square feet.

3.

BANNER SIGNS in the A zone outside of SUBDIVISIONS and HISTORIC TOWNSITES:

a.

Number. LOTS of five (5) or more acres with at least five hundred (500) feet of frontage on a PUBLIC STREET/ROAD shall be limited to two (2) BANNER SIGNS. All other LOTS shall be limited to one (1) BANNER SIGN.

b.

Height. BANNER SIGNS not attached to walls shall be limited to no more than six (6) feet in height.

c.

Area. BANNER SIGNS shall be limited to no more than forty (40) square feet.

C.

Residential (R) and Estate (E) zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned Agricultural (A):

1.

FREESTANDING SIGNS and BANNER SIGNS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A:

a.

Number. LOTS in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A shall be limited to either one (1) FREESTANDING SIGN or one (1) BANNER SIGN.

b.

Height. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than five (5) feet in height.

c.

Area. FREESTANDING SIGNS and BANNER SIGNS shall be limited to no more than thirty-two (32) square feet.

2.

No SIGNS other than those described in Subsection C.1, above, are allowed in the R and E zones and in SUBDIVISIONS or HISTORIC TOWNSITES zoned A, except in accordance with Subsections D and E below.

D.

SIGNS on LOTS without a PRINCIPAL BUILDING, regardless of zoning:

1.

Notwithstanding any provision in this Division 2 to the contrary, each SIGN on a LOT without a PRINCIPAL BUILDING shall be limited to sixty-four (64) square feet and not more than eight (8) feet in height, plus the SIGNS allowed in Subsection E below.

2.

LOTS without a PRINCIPAL BUILDING shall be limited to not more than one (1) FREESTANDING SIGN for each PUBLIC STREET/ROAD that the LOT abuts.

3.

SIGNS located on a LOT without a PRINCIPAL BUILDING shall not be required to meet SETBACKS or OFFSETS as long as the entire SIGN and all its components are within the LOT. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY.

4.

SIGNS erected on LOTS without a PRINCIPAL BUILDING shall not be considered nonconforming once a PRINCIPAL BUILDING is constructed or placed on the LOT, at which time SIGNS on the LOT shall be brought into compliance with the regulations of this Code.

E.

Other SIGNS: In addition to other allowed SIGNS, each LOT may have up to five (5) SIGNS of up to six (6) square feet each.

F.

Regardless of zoning, limitations on SIGNS on LOTS owned and operated by public agencies shall be the same as for properties located in the C and I zones. For the purposes of this section, "public agencies" shall include, but not be limited to, police, ambulance, and fire stations or facilities, water district OFFICES, PUBLIC SCHOOLS, PUBLIC libraries, and federal, state, and local government agencies.

(Weld County Code Ordinance 2021-16)

Editor's note— Weld County Code Ordinance 2021-16, amended § 23-4-90 in its entirety to read as herein set out. Former § 23-4-90, pertained to design plans for signs requiring zoning approval, and derived from Ordinance 2006-2; Weld County Code Ordinance 2019-02.

Any legally established SIGN made nonconforming by adoption of, or amendment to, these regulations may continue to exist, so long as it remains otherwise lawful, subject to the following provisions:

A.

A SIGN shall not be altered structurally or moved unless it is made to comply with the provisions of this Code. The repainting or reposting of display matter shall not be deemed a structural alteration.

B.

If a NONCONFORMING SIGN has been damaged to an extent less than fifty (50) percent of the construction value or replacement cost of the SIGN before it was damaged, the SIGN may be restored to the condition in which it existed previously before it was damaged.

(Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-16)

A.

Computations of area of SIGNS. The area of a SIGN face shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the SIGN from the backdrop or STRUCTURE against which it is placed, but not including any supporting framework, bracing or decorative fence or wall clearly incidental to the display itself. The entire area of the STRUCTURE of a FREESTANDING SIGN shall be included in the calculation of SIGN area, except that portion of a SIGN below a height of seven (7) feet if said portion contains no signage other than the street address of the property.

B.

Computation of area of multi-faced SIGNS. When two (2) SIGN faces (sides with signage) on a FREESTANDING SIGN are placed back to back or with an angle of less than forty-five (45) degrees between them, the SIGN area shall be computed by the measurement of only the larger of the faces. For SIGNS with more than two (2) faces, or two-sided SIGNS with faces that are angled greater than forty-five (45) degrees apart, each face will be included when measuring the area of the SIGN. For SIGNS attached to BUILDINGS, all SIGN faces shall be included.

C.

Computation of height. SIGN height shall be computed as the vertical distance from mean natural grade at foundation to the highest point of the SIGN structure. Natural grade shall be construed to be the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the SIGN. Height limits for SIGNS shall not apply to flagpoles.

(Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-16)

A.

Setbacks for SIGNS not on BUILDINGS: Notwithstanding any other provision of this Code to the contrary, SIGNS ten (10) feet in height or less may be located anywhere on a LOT including on a LOT line abutting RIGHT-OF-WAY as long as the entire SIGN and all its components are within the LOT and as long as the SIGN complies with sight distance requirements, as described in Appendix 8-Q of this Code. SIGNS greater than ten (10) feet in height shall be set back from all RIGHTS-OF-WAY a distance equal to the height of the SIGN STRUCTURE. Any SIGN located within future right-of-way shall be required to be relocated outside of future right-of-way at the expense of the owner of the SIGN upon written notice from the COUNTY.

B.

OFFSETS: Notwithstanding any other provision of this Code to the contrary, SIGNS larger than six (6) square feet shall have a required OFFSET distance equal to the height of the SIGN STRUCTURE. An exception allowing a reduced OFFSET may be granted by the Director of Planning Services upon the submittal of a waiver on a form provided by the Department of Planning Services signed by the owner(s) of the LOT nearest the SIGN.

C.

SIGNS projecting over a driveway shall have at least fourteen (14) feet clearance above the surface of the driveway.

D.

SIGNS projecting over a walkway shall have at least nine (9) feet clearance above the surface of the walkway.

E.

Flagpoles shall be set back from all property lines a distance equal to the height of the pole.

(Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2011-3; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-16)

Where a MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE is permitted in Article III of this Chapter upon issuance of a zoning permit, the permit may be issued by the Department of Planning Services upon a determination that the application complies with this Division 3 and any applicable provisions of this Code. An application for any zoning permit for a MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE shall include the following:

A.

Name, address and telephone number of the applicant.

B.

Name, address and telephone number of the owner of the land if different from Subsection A above.

C.

Evidence of interest in the subject land held by the applicant if the applicant is not the owner of the land.

D.

A legal description of the property for which the application is made.

E.

Number of acres of the property.

F.

A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable scale to show:

1.

The proposed location of the MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE, including distances from the property LOT lines and other STRUCTURES on the property.

2.

Access to the MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE indicating whether the access is existing or proposed.

3.

Location and measurements of any easements or rights-of-way.

4.

An access is or can be made available that provides for safe ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance with the access requirements set forth in this Code.

5.

Identification of any COUNTY, state or federal STREETS/ROADS or highways.

6.

Existing STRUCTURES on the property.

G.

Methods of disposal of sewage or other wastes in compliance with the requirements of the Colorado Department of Public Health and Environment and the County Department of Public Health and Environment, except for applications for TEMPORARY storage of a MANUFACTURED HOME under Section 23-4-160 below.

H.

Methods of supplying water in such a manner as to be adequate in quality, quantity and dependability for the proposed USE, except for applications for TEMPORARY storage of a MANUFACTURED HOME under Section 23-4-160 below.

I.

An application fee. Each request for a renewal or extension of a TEMPORARY permit shall also be accompanied by the appropriate application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a 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.

J.

The requirements of this Division 3 require the applicant to provide a certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property lines of the parcel where the MANUFACTURED HOME shall be placed. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date.

K.

Reserved.

L.

Completed Building Permit application.

M.

Each request for a TEMPORARY permit shall include a statement by the applicant acknowledging that the TEMPORARY permit shall cease to exist at any such time as the MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE is used for other than the permitted USE, or expire at the end of the initial or extended term of the permit for TEMPORARY storage of the MANUFACTURED HOME. Such application shall include detailed plans for removal of the MANUFACTURED HOME or MANUFACTURED STRUCTURE upon expiration of the TEMPORARY permit.

(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 2019-02)

Upon determination of the Department of Planning Services, a Zoning Permit for a temporary or an annual use shall not be transferable by the applicant and/or owner to any successor. The Zoning Permit for a temporary or an annual use shall terminate automatically upon conveyance of the property. The MANUFACTURED HOME/MANUFACTURED STRUCTURE shall be removed from the property or a new Zoning Permit shall be applied for and approved.

(Weld County Code Ordinance 2021-09)

A zoning permit for the USE of a MANUFACTURED HOME or RECREATIONAL VEHICLE occupied as a TEMPORARY DWELLING UNIT during the construction of a permanent DWELLING UNIT on the same LOT in the A (Agricultural) Zone District may be issued by the Department of Planning Services subject to the following provisions:

A.

The applicant shall have a valid building permit for the construction of a permanent DWELLING UNIT on the same LOT.

B.

Construction of the permanent DWELLING UNIT shall commence within ninety (90) days of issuance of the zoning permit for the MANUFACTURED HOME or RECREATIONAL VEHICLE and shall be diligently pursued.

C.

The applicant shall demonstrate that adequate water and sewage disposal facilities are available.

D.

The TEMPORARY permit for occupancy of the MANUFACTURED HOME or RECREATIONAL VEHICLE shall be issued for a period of six (6) months. The permit may be renewed by the Department of Planning Services for two (2) additional six-month periods upon a determination by staff that construction of the permanent DWELLING UNIT is being pursued with diligence.

E.

The Department of Planning Services shall make its determination on the issuance of a zoning permit for a MANUFACTURED HOME or occupied RECREATIONAL VEHICLE as a TEMPORARY USE during construction of a DWELLING UNIT on the basis of a signed statement by the applicant that the conditions of Subsections A through D above are met, upon information contained in the permit application, and upon such independent evidence as may be available or which the staff may reasonably require.

F.

Extensions of six-month increments beyond the above eighteen-month period may be granted only by the Director of Planning Services.

G.

MANUFACTURED HOMES permitted as a TEMPORARY USE during construction of a permanent DWELLING shall be removed within thirty (30) days after the permanent DWELLING has been occupied.

H.

A MANUFACTURED HOME permitted as a TEMPORARY USE during construction of a permanent DWELLING shall not have a permanent foundation.

(Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-09)

A zoning permit for the TEMPORARY storage of one (1) unoccupied MANUFACTURED HOME, not including the storage of goods inside the UNIT, on a LOT in the A (Agricultural) Zone District may be issued by the Department of Planning Services subject to the following provisions:

A.

The applicant shall obtain a building permit and shall comply with all applicable installation standards of Chapter 29 of this Code; provided, however, that no utility hookups to the MANUFACTURED HOME of any type, including septic systems, shall be allowed.

B.

The MANUFACTURED HOME may not be used on any basis as a DWELLING or as overnight or TEMPORARY housing for any person.

C.

The applicant shall demonstrate that no reasonable alternative exists to the TEMPORARY storage of the MANUFACTURED HOME on the land involved.

D.

Only one (1) zoning permit for TEMPORARY storage of a MANUFACTURED HOME may be issued per LEGAL LOT at any one (1) time.

E.

The Department of Planning Services shall make its determination on the issuance of a zoning permit for the TEMPORARY storage of a MANUFACTURED HOME on the basis of a signed statement by the applicant that the conditions of Subsections A through D above are met, upon information contained in the permit application, and upon such independent evidence as may be available or which the staff may reasonably require.

F.

A zoning permit for TEMPORARY storage of a MANUFACTURED HOME shall be for a period of six (6) months.

G.

A MANUFACTURED HOME permitted to be stored TEMPORARILY shall not have a permanent foundation.

(Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-09; Weld County Code Ordinance 2022-05)

Editor's note— Weld County Code Ordinance 2019-02, adopted July 10, 2019, amended § 23-4-160 in its entirety to read as herein set out. Former § 23-4-160, pertained to temporary storage of mobile homes, and derived from Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2015-7.

A.

A zoning permit for the annual USE of one (1) MANUFACTURED HOME for an ACCESSORY FARMING USE, on a LOT in the A (Agricultural) Zone District, in addition to a principle DWELLING UNIT, may be issued by the Department of Planning Services upon determination that:

1.

The MANUFACTURED HOME will be occupied by persons PRINCIPALLY EMPLOYED at or PRINCIPALLY ENGAGED in the operation of the USE where the MANUFACTURED HOME is located. ACCESSORY FARMING USE of the MANUFACTURED HOME shall be established and revalidated on an annual basis as follows: Evidence shall be submitted by the applicant or property owner on the anniversary of the permit's issuance for review and acceptance by the Department of Planning Services verifying that the MANUFACTURED HOME occupant is PRINCIPALLY EMPLOYED at or engaged in the FARMING operation on the subject property or is a caretaker or security personnel for the subject property. The evidence shall consist of tax records (W-2 forms), employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the MANUFACTURED HOME for annual ACCESSORY FARMING USE.

2.

The MANUFACTURED HOME is necessary for the effective and economic operation of the USE and/or protection of the agricultural USE.

3.

The MANUFACTURED HOME will not be used as an income source by the applicant for rental to persons who are not PRINCIPALLY EMPLOYED upon the LOT.

4.

Adequate water and sewage disposal facilities are available to the MANUFACTURED HOME.

5.

The MANUFACTURED HOME is not the first DWELLING UNIT on the parcel of land. The first DWELLING UNIT on the parcel of land does not require a zoning permit.

6.

The applicant shall obtain a BUILDING permit for the MANUFACTURED HOME and comply with all installation standards of Chapter 29 of this Code.

B.

The Department of Planning Services shall make its determination on the basis of a signed statement by the applicant that the conditions of Paragraphs A.1 through A.6 above are met, upon information contained in the permit application, and upon independent evidence as may be available or which the staff may reasonably require.

C.

A zoning permit for more than one (1) MANUFACTURED HOME in the A (Agricultural) Zone District as an ACCESSORY farm USE may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.6 above and Section 23-4-230 below are met. If the applicant is not able to meet the criteria stated in Section 23-4-230 below, the zoning permit may be issued only upon approval by the Board of County Commissioners. The Board of County Commissioners shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.6 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting 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 meeting. 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 permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MANUFACTURED HOME on the surrounding properties. In addition, the Board shall consider compatibility of the MANUFACTURED HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY.

D.

All MANUFACTURED HOMES as ACCESSORY FARMING USES are temporary. Allowance of the MANUFACTURED HOME shall be extended only if the USE continues to be in conformance with the criteria set out in Paragraph A.1 above. The MANUFACTURED HOME shall be removed from the property upon the cessation of the USE of the MANUFACTURED HOME as an ACCESSORY FARMING USE or at any such time as the MANUFACTURED HOME is used for other than the allowed USE.

E.

A MANUFACTURED HOME permitted for ACCESSORY FARMING USE shall not have a permanent foundation.

(Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-09)

Editor's note— Weld County Code Ordinance 2019-02, adopted July 10, 2019, amended § 23-4-170 to read as herein set out. Former § 23-4-170, pertained to temporary accessory farm use, and derived from Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2004-5.

Effective June 14, 2024, existing MANUFACTURED HOMES issued zoning permits for use during a medical hardship shall be considered ACCESSORY DWELLING UNITS, provided they meet applicable requirements of Section 23-4-600 and Chapter 29 of this Code.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2004-5; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-09; Weld County Code Ordinance 2024-04)

A.

A zoning permit for the USE of one (1) MANUFACTURED STRUCTURE in the A (Agricultural) Zone District as an OFFICE USE ACCESSORY to the USE allowed by right may be permitted upon a determination by the Department of Planning Services that:

1.

The MANUFACTURED STRUCTURE is necessary for the effective and economic operation of the principal USE.

2.

The MANUFACTURED STRUCTURE will not be used for residential purposes.

3.

Adequate water and sewage disposal facilities can be made available to the MANUFACTURED STRUCTURE.

4.

No reasonable alternative is available to the applicant for an OFFICE USE.

5.

The applicant shall obtain a BUILDING permit for the MANUFACTURED STRUCTURE and comply with all installation standards of Chapter 29 of this Code.

A zoning permit shall not be required for a MANUFACTURED STRUCTURE in the A (Agricultural) Zone District if such STRUCTURE is already shown on an approved and recorded Use by Special Review map.

B.

The Department of Planning Services shall make its determination on the basis of a signed statement by the applicant that the conditions of Paragraphs A.1 through A.5 above are met, upon information contained in the application, and upon independent evidence as may be available or which the staff may reasonably require.

C.

A zoning permit for a MANUFACTURED STRUCTURE used as an accessory OFFICE unit in the A (Agricultural) Zone District may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.5 above and Section 23-4-230 below are met. If the applicant is not able to meet the criteria stated in Paragraphs A.1 through A.5 above, the zoning permit may be issued only upon the approval by the Board of County Commissioners. The Board shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.5 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting 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 meeting. 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 permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED STRUCTURE has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MANUFACTURED STRUCTURE on the surrounding properties. In addition, the Board shall consider compatibility of the MANUFACTURED STRUCTURE with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY.

D.

All MANUFACTURED STRUCTURES used as ACCESSORY OFFICE USES to the principal USE in the A (Agricultural) Zone District are TEMPORARY. The MANUFACTURED STRUCTURE shall be removed from the property upon the cessation of the USE of the MANUFACTURED STRUCTURE as an ACCESSORY OFFICE USE to the business, COMMERCIAL or industrial activity. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners.

E.

A MANUFACTURED STRUCTURE permitted as a TEMPORARY OFFICE shall not have a permanent foundation.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10 Weld County Code Ordinance 2004-5; Weld County Code Ordinance 2012-3; Weld County Code Ordinance 2015-7; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2023-03)

Editor's note— Weld County Code Ordinance 2019-02, adopted July 10, 2019, repealed § 23-4-200, which pertained to principal dwelling unit and derived from Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2004-5.

(Weld County Code Ordinance 2001-1)

A.

A zoning permit for the USE of one (1) MANUFACTURED HOME, when used as living quarters for caretakers or security personnel responsible for maintaining or guarding the property, may be permitted as an ACCESSORY USE to the principal USE in certain C (Commercial) or I (Industrial) Zone Districts as described in Article III of this Chapter upon a determination by the Department of Planning Services that:

1.

The MANUFACTURED HOME is necessary for the effective and economic operation of the business, COMMERCIAL or industrial activity.

2.

The MANUFACTURED HOME will not be used for residential purposes other than for the purpose of the protection or control of the principal USE.

3.

Adequate water and sewage disposal facilities are available to the MANUFACTURED HOME.

4.

The applicant shall obtain a BUILDING permit for the MANUFACTURED HOME and comply with the installation standards of Chapter 29 of this Code.

A zoning permit shall not be required for a MANUFACTURED HOME in the Commercial or Industrial Zone Districts if such information is already reflected in an approved Site Plan Review or Special Use Permit, as determined by the Planner.

B.

The Department of Planning Services shall make its determination on the basis of a signed statement by the applicant that the requirements of this Section are met, upon information contained in the application, and upon independent evidence as may be available or which the Department of Planning Services may reasonably require.

C.

A zoning permit for one (1) MANUFACTURED HOME per LEGAL LOT in the C or I (Commercial or Industrial) Zone District as an ACCESSORY USE to the principal USE may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.4 above and Section 23-4-230 of this Division are met. If the applicant is not able to meet the criteria stated in Section 23-4-230, the zoning permit may be issued only upon the approval by the Board of County Commissioners. The Board shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.4 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting 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 meeting. 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 permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board shall consider any testimony of surrounding property owners concerning the possible effects of the MANUFACTURED HOME on surrounding properties. In addition, the Board shall consider compatibility of the MANUFACTURED HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY.

D.

All MANUFACTURED HOMES as ACCESSORY USES to the principal USE in C or I Zone Districts are subject to the standards in Article III, Division 3 or Article III, Division 4 of this Chapter. The MANUFACTURED HOME shall be removed from the property upon the cessation of the USE of the MANUFACTURED HOME as an ACCESSORY USE to the business, COMMERCIAL or industrial activity.

(Weld County Code Ordinance 2019-02)

Editor's note— Weld County Code Ordinance 2019-02, adopted July 10, 2019, amended § 23-4-220 in its entirety to read as herein set out. Former § 23-4-220, pertained to mobile homes in C or I Zone District, and derived from Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2004-5; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2015-7.

The Board of County Commissioners delegates the authority to issue a Zoning Permit for a MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that:

A.

The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made.

B.

The Department of Planning Services has sent notice and not received signed notification of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE within twenty-one (21) days.

C.

If the Department of Planning Services denies the permit, the applicant may appeal in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final.

D.

If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permit, the Board of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board:

1.

The Department of Planning Services will notify the applicant, granting ten (10) business days to determine if he or she wants to proceed with the application.

2.

If the applicant notifies the Department of Planning Services of his or her desire to proceed with the application, the Department will request a hearing date and time from the Clerk to the Board and prepare a staff report.

3.

The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting 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 meeting. 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 permit process even if such error results in the failure of a surrounding property owner to receive such notification.

4.

The Department of Planning Services shall post a sign for the applicant on the property in question indicating the request, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph.

5.

The Clerk to the Board shall 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.

6.

The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects on the surrounding properties and compliance with the criteria set out in this Division.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-09)

The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar 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 Section 23-4-270 of this Code. The Mylar plat 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) plat 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) plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) plat cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR).

(Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2012-3)

Any operator desiring such a permit shall file an application in such form as prescribed by the Planning Commission. The application shall contain the following information:

A.

A complete and accurate legal description of the property for which the application is made.

B.

The fee owners of the surface of the area to be mined.

C.

The fee owners of the substance to be mined.

D.

The source of the applicant's legal rights to enter and to mine on the land affected by the permit.

E.

The address of the general OFFICE and the local address or addresses of the applicant.

F.

Whether the applicant or any affiliated person holds or has held any other permits for MINING and an identification of such permits.

G.

A detailed description of the method of operation. Such description shall include:

1.

The types and numbers of operation and processing equipment to be employed.

2.

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

3.

Whether the operation will involve a wet or dry pit.

4.

COUNTY roads and bridges to be utilized.

5.

The size of the area and stages to be worked at any one time.

6.

A timetable giving the periods of time which will be required for the various stages of the operation.

7.

The depth and thickness of the mineral deposit to be mined and the thickness of overburden to be removed.

8.

The proposed use of reclaimed lands and an explanation of the reclamation process.

9.

The source of technical advice in that type of reclamation for the proposed MINING.

10.

If Applicable, for MINING that includes the recovery of the resources by processing on site; i.e., in-situ MINING. The applicant shall provide to the Department of Planning Services evidence of compliance with all state and federal regulatory agencies which may have a permitting interest in the extraction of the mineral resource, including, at a minimum, written evidence that the appropriate permit has been approved and granted by each regulatory agency.

11.

Any other information determined to be necessary by the Board of County Commissioners to insure the protection of the health, safety and welfare of the inhabitants of the County.

12.

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.

13.

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.

14.

The application should address the following items:

a.

Water Consumption:

1)

An analysis of the amount of water which will be required to be replaced for each phase of the MINING operation and build out.

2)

The analysis should address the amount of water consumed in the MINING and processing of the material, including dust suppression.

3)

The analysis should address the issue of water consumed for domestic purposes by onsite staff.

4)

The analysis should address the issue of evaporative losses consumed from exposed groundwater, including a discussion of the feasibility of lining.

b.

Water Replacement Source:

1)

A description of the surface and well water rights and its anticipated yield, when converted, to be used as replacement for the water consumed in the MINING operation.

2)

Projections as to the timing of replacements to the river system from these sources.

3)

A description of methods proposed to monitor, prevent and mitigate against direct injury to users for wells in the vicinity of the gravel operation as a result of alterations in the groundwater regime occasioned by the mining operation or to said impacts.

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

All applications shall be accompanied by the following maps which shall be delineated in drawing ink on Mylar or other drafting media approved by the Department of Planning Services in the following size: twenty-four (24) inches by thirty-six (36) inches. The maps shall be prepared and certification made as to their accuracy by a registered professional engineer licensed to do such work by the State.

A.

Vicinity Map. The vicinity map shall be prepared at a one inch (1) equals six hundred (600) feet scale and show the following information within a distance of one-half (½) mile of the proposed operation.

1.

Perimeter outline of the parcels of land to be involved in the operation.

2.

ADJACENT MINING operations.

3.

Fee owners of ADJACENT surface lands.

4.

All residences within one-half (½) mile of the proposed operation.

5.

The name and location of all roads, bridges, irrigation ditches, oil and gas wells and lines, utility lines and streams or other bodies of water within the scope of the map.

6.

The general type, thickness and distribution of soil over the parcel under consideration. Soil types shall be noted in the legend and include their suitability for agricultural USE, as well as USES proposed in the reclamation plan.

7.

Section, township and range.

8.

Accesses to area.

9.

Title, scale and north arrow.

10.

Date with revision dates if applicable.

B.

Extraction Plan Map. The Extraction Plan Map shall be prepared at a one (1) inch equals one hundred (100) feet scale and shall include the parcel in question, as well as features within five hundred (500) feet of the parcel boundaries. The scale of the map may be reduced to one (1) inch equals two hundred (200) feet or one (1) inch equals three hundred (300) feet upon approval by the Department of Planning Services. The Extraction Plan Map shall display the following information:

1.

A plot plan of the property for which application is made. The plot plan shall delineate the boundary lines of the Special Review Permit area.

2.

The topography of the area at five-foot contour intervals or at intervals as determined by the Board of County Commissioners.

3.

The name and location of all streams, including normally dry streams, ponds or other bodies of water, existing and proposed STRUCTURES and LANDSCAPE features.

4.

The size and location of proposed pit areas.

5.

The phases of the operation. The legend will include the time required for each phase of the operation.

6.

The location of all proposed operating STRUCTURES, parking areas, ingress and egress, stockpile areas and circulation routes. The general location of equipment which will be moved as operations proceed, such as portable crushing and screening plants, shall be located on the map.

7.

The legend shall include a complete and accurate legal description as prescribed by the application form. The description shall include the total acreage of the parcel.

8.

Certificates: certificate of responsibility; Planning Commission certificate; certificate of approval by the Board of County Commissioners.

9.

Title, scale and north arrow.

10.

Date and revision dates if applicable.

11.

Extraction Standards.

12.

Such additional information as may be required by the Board of County Commissioners to satisfactorily explain the general requirements for the type of operation anticipated.

(Weld County Codification Ordinance 2000-1)

The following documents or any other similar documents shall be submitted by the applicant if deemed necessary by the Board of County Commissioners for the protection of the health, safety and welfare of the inhabitants of the County.

A.

The applicant shall submit a copy of those Reclamation Plans submitted to the State of Colorado Mined Land Reclamation Board. The Reclamation Plans must include a map showing property boundaries, topography, bodies of water and access.

B.

Plans for obtaining water supplies to replace water consumed by MINING and processing of the material, including dust control, consumed for domestic purposes by employees, and consumed by evaporative losses from exposed groundwater.

C.

Cross-sections of drainage STRUCTURES (culverts for access to COUNTY roads, interior haul roads crossing of ponding or stream channeling).

D.

Profile and typical cross-section of haul roads.

E.

An applicant for in-situ solution mining shall submit written evidence of approval for all federal and state regulatory agencies.

(Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2007-14)

The policies outlined below represent a minimum model for operations standards for the proposed USE. Stricter standards may be imposed by the Board of County Commissioners during the review process to ensure the protection of the health, safety and welfare of the inhabitants of the County.

A.

No excavation or processing of sand and gravel shall be permitted nearer than ten (10) feet to the boundary of ADJACENT property, easement or irrigation ditch or right-of-way, nor nearer than one hundred twenty-five (125) feet to any existing residence, unless by written agreement the owners of such ADJACENT property consent to a lesser distance and the Planning Commission approves such lesser distance. The Planning Commission may set a greater distance than mentioned above when, in its opinion, it is justified.

B.

All sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emergency, or to make necessary repairs to equipment. This restriction shall not apply to operation of administrative and executive OFFICES or repair facilities located on the property. Upon request, the Board of County Commissioners may authorize additional hours of operation for sand and gravel operations when the Board deems appropriate.

C.

Weeds and any other unsightly or NOXIOUS WEEDS shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property.

D.

Existing trees and ground cover along PUBLIC road frontage and drainage ways shall be preserved, maintained and supplemented if necessary, for the depth of the SETBACK in order to protect against and reduce noise, dust and erosion.

E.

Insofar as practicable, all means of access to the property from any STREET shall be located and designated as to avoid the routing of vehicles to and from the property over STREETS that primarily serve residential DEVELOPMENT.

F.

All access roads from sand and gravel operations to PUBLIC highways, roads or STREETS, or to adjoining residential STRUCTURES, shall be paved or otherwise treated to minimize dust conditions on all parts of such access roads which are located within one-fourth (¼) mile of the PUBLIC highway, road, STREET or adjoining residential STRUCTURE.

G.

Prior to starting excavation in certain specific instances, as first determined by individual investigation by the Board of County Commissioners, where excavations are considered hazardous or otherwise harmful to nearby residents or to their property, the Board of County Commissioners may require the excavations to be fenced or that some other action be taken on the part of an operator in order to minimize the hazardous situation. Chain link fencing to keep out young children, three-strand barb wire to keep out LIVESTOCK, acceleration/deceleration lanes to facilitate the safe/smooth flow of traffic, and water augmentation to compensate for water losses caused by evaporation are examples of actions which may be required by the Board.

H.

Where topsoil is removed, sufficient arable soil shall be set aside, for respreading over the excavated area.

I.

Rock crushers and similar accessory facilities and equipment, but not including batching (concrete and asphalt) facilities may be allowed. However, the Planning Commission or Board of County Commissioners may set out additional conditions under which these operations may be permitted; and said conditions may vary by location due to abutting land USES. Concrete and asphalt batch plants shall meet the requirements of Section 23-3-40.

J.

Insurance. The operator shall furnish evidence that he or she is insured to the extent of not less than one hundred thousand dollars ($100,000.00) against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities connected with or incidental thereto.

K.

The USE will not cause injury to vested or conditional water rights. If the USE may result in injury to vested or conditional water rights, the applicant shall present a copy of a well permit to the Department of Planning Services prior to recording the Plat or at a time designated by the Board of County Commissioners, either supported by a plan of exchange or substitute supply approved by the State Engineer or a decreed plan for augmentation approved by the District Court for Water Division No. 1 which prevents injury to vested and conditional water rights.

(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2019-18)

A.

Reclamation plans shall be reviewed to determine the compatibility of the proposed USE with surrounding land USES.

B.

Following the completion of operations, the land shall be left in a safe condition.

C.

Sufficient drainage shall be provided so as to prevent water pockets or undue erosion. Grading shall be accomplished in such a manner that stormwater leaves the property at the original, natural drainage points. Runoff at any one (1) such point shall not normally be increased over historic flows. Increases over historic flows shall be allowed only when it is shown that the increased flows will not adversely impact USES or lands affected by such flows.

D.

All excavated areas shall finally be graded in substantial conformity to the USE of the land proposed in the reclamation plan. Ridges, banks and mounds shall be graded so as to minimize erosion. Trees, shrubs, legumes, grasses or other ground cover shall be replaced in order to avoid erosion insofar as is practicable.

The Board of County Commissioners shall have the power to cancel permits for violation of any of these regulations or conditions imposed by the Board. The Board of County Commissioners shall cause to be served written notice upon the permittee at the address contained in the permit setting out a clear and concise statement of the violations, and directing the permittee to correct such violation within thirty (30) days. If the violations have not been corrected, the Board of County Commissioners shall direct the permittee to appear before the Board of County Commissioners, not less than ten (10) days nor more than thirty (30) days after the date of service notice. The Board of County Commissioners shall hold a hearing to determine the nature and extent of the alleged violation and shall have the power, upon good cause being shown, to cancel or revoke the permit heretofore issued to the permittee, to require the County or its agents to enter upon the premises and to take the corrective measures required by the Board of County Commissioners; the cost to be assessed against the permittee and his or her sureties.

A.

LIVESTOCK CONFINEMENT OPERATIONS shall be located at least fifty (50) feet from any state or federal highway RIGHT-OF-WAY, subject to review by the Colorado Department of Transportation.

B.

Manure shall be handled and disposed of in a sanitary manner, approved by the Department of Public Health and Environment.

C.

Suitable chemical and scientific controls shall be provided for rodent and insect control.

D.

Concrete or other suitable aprons adjacent to the permanently affixed feed bunks, water tanks and feeding devices shall be provided.

E.

Adequate mechanical means for scraping, grading and cleaning of area shall be provided at all times; and scraping, grading and cleaning of the area will be accomplished as approved by the Department of Public Health and Environment.

F.

Drainage facilities or improvements shall be constructed to protect any adjacent rivers, streams or other bodies of water from pollution, as approved by the Colorado Department of Public Health and Environment.

G.

Additional submittal requirements for a Use by Special Review for a LIVESTOCK CONFINEMENT OPERATION. In addition to the application requirements listed in Article II, Division 3, of this Chapter, the following information shall be submitted with the application for a LIVESTOCK CONFINEMENT OPERATION:

1.

Maximum number of ANIMAL UNITS and species to be associated with the LIVESTOCK CONFINEMENT OPERATION.

2.

Evidence that the facility has been registered as a Concentrated Animal Feeding Operation (CAFO) with the Colorado Department of Public Health and Environment.

3.

A nuisance management plan.

4.

A lighting plan.

5.

A facility management plan.

6.

A housing plan for employees (if necessary).

7.

Evidence that proposed wastewater impoundments will meet the requirements of the Colorado Water Quality Control Commission Regulation Number 81 (5 CCR 1002-81), including but not limited to:

a.

Setbacks to water wells.

b.

Separation from groundwater.

c.

Impoundment liners meet seepage rate.

d.

Impoundment wastewater storage capacity.

(Weld County Code Ordinance 2019-02)

The storage and sale of fertilizer (organic), where the fertilizer is stored for longer than one (1) year, shall be regulated as set forth below:

A.

Storage of fertilizer shall not be permitted closer than fifty (50) feet to any PUBLIC RIGHT-OF-WAY or LOT line.

B.

Rodents and insects shall be controlled in accordance with standards set by the Department of Public Health and Environment.

C.

Upon termination of the permit, all fertilizer shall be removed.

(Weld County Code Ordinance 2019-02)

Editor's note— Weld County Code Ordinance 2019-02, adopted July 10, 2019, amended § 23-4-360 to read as herein set out. Former § 23-4-360, pertained to fertilizer storage and sale.

A.

A Special Review Permit to operate an OUTDOOR SHOOTING RANGE, if approved, shall be conditioned on a requirement that every ten (10) years the safety of the design of the range shall be reviewed and changed, taking into account the history of the operation and changes in surrounding land USES and the relevant provisions of Subsections B.2, C.2 through C.6 and D below. The Department of Planning Services may waive the review if the surrounding property within one-half (½) mile has not significantly changed since the recording date of the original application. The applicant shall provide evidence for this determination.

B.

Application for a Special Review Permit or Zoning Permit, as required in Article III of this Chapter, to operate an OUTDOOR SHOOTING RANGE shall be accompanied by the following information:

1.

Topography at two-foot intervals.

2.

Plan of range with supporting data on safety factors.

C.

The following minimum standards shall apply to all OUTDOOR SHOOTING RANGES:

1.

Reserved.

2.

Shooting ranges shall, when possible, be located to take advantage of natural terrain barriers. The entire range (including danger area if range is not of the "Safety Range" type) shall be fenced and warning signs posted every two hundred (200) feet.

3.

Line of fire shall be as nearly horizontal as is practicable and never below horizontal. Ranges may be constructed so that the firing point is below the target, provided that the gradient between the firing point and target does not exceed two percent (2%).

4.

The perimeter of the range shall be LANDSCAPED to provide natural noise barriers. The remainder of the range shall be planted and maintained with grass or other suitable ground cover.

5.

If the shooting range is used by more than four (4) individuals on a regular basis, shooting shall be supervised by a range officer or instructor qualified by the National Rifle Association, military service or other similar training.

6.

In addition to firing lines or fields, adequate space for danger areas, parking, equipment, storage BUILDING, clubhouse and latrines shall be provided.

D.

Provisions for pistol, small-bore and high caliber rifle ranges:

1.

"Safety Range" requirement. If the range is constructed in an urbanized area, when area is developed, or when natural terrain does not offer adequate protection, overhead safety baffles may be required.

2.

Firing points shall be four (4) to five (5) feet apart for shooting distances up to two hundred (200) yards.

3.

Rifle or pistol ranges shall not be permitted without bullet stops. Natural or artificial bullet stops shall be provided.

a.

Natural bullet stops. Only slopes of hills shall be used for natural bullet stops. The crest of the hill used for a bullet stop shall be at least thirty (30) feet above the level of the firing point for a one hundred-yard range. An additional ten (10) feet of hill shall be provided for each additional one hundred (100) yards of range. The slope of the hill shall not be less than two (2) to one (1). A vertical cut shall be taken out of the face of the hillside used for a backstop to provide a nearly perpendicular face to catch bullets and prevent ricochets.

b.

Artificial bullet stops. For up to a three-hundred-yard range, an earth embankment at least twenty-five (25) feet in height, well sodded to retain a slope of thirty-five (35) degrees from perpendicular and topped by an earth-filled timber barricade at least fifteen (15) feet high, shall be provided. Stones shall be removed from the face of the embankment to a depth of eighteen (18) inches. For each additional one hundred (100) yards of range, ten (10) feet in overall height of the bullet stop shall be added. The bullet stop shall extend approximately one hundred sixty (160) feet beyond the ends of the target line for high-caliber ranges; and twenty-five (25) feet for small-bore rifle and pistol ranges.

E.

Provisions for trap and skeet fields.

1.

A danger zone of one hundred (100) yards by three hundred (300) yards shall be provided for trap fields.

2.

A danger zone of three hundred (300) yards by six hundred (600) yards shall be provided for skeet fields.

3.

Trap and skeet fields may be combined (traps layout superimposed on skeet field) where a danger zone of three hundred (300) yards by six hundred (600) yards shall be required.

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

A.

Certificates of designation for solid or hazardous waste disposal sites and facilities as required by Article VIII of Chapter 12, the Colorado Revised Statutes, and the Code of Colorado Regulations shall not be deemed approved until or unless a Use by Special Review Permit has been approved by the Board of County Commissioners where required by this Chapter. The Board shall be guided in its review of a certificate of designation by the Colorado Revised Statutes and Code of Colorado Regulations, as amended.

B.

Applicants for activities reviewed pursuant to Article II, Division 4 of this Chapter for any Solid Waste sites and facilities or Hazardous Waste disposal sites shall have the burden of proof to demonstrate that there is a need for the facility within the proposed area of service, and the Board of County Commissioners shall be satisfied that a need exists as part of the determinations for any such permit.

(Weld County Code Ordinance 2019-02)

Applicants for site approval of sewage systems, pumping stations, sludge drying beds, treatment plants and lagoons shall submit copies of the information supplied to the Colorado Department of Health.

(Weld County Codification Ordinance 2000-1)

A.

Manure shall be handled and disposed of in a sanitary manner approved by the Department of Public Health and Environment.

B.

Suitable chemical and scientific controls shall be provided for rodent and insect control.

C.

Drainage facilities or improvements shall be constructed to protect any adjacent rivers, streams or other bodies of water.

(Weld County Code Ordinance 2019-02)

Editor's note— Weld County Code Ordinance 2019-02, adopted July 10, 2019, repealed § 23-4-410, which pertained to drive-in theaters.

Editor's note— Weld County Code Ordinance 2019-02, adopted July 10, 2019, repealed § 23-4-420, which pertained to public utilities facilities. Similar provisions are reenacted as Subsection 23-2-400.O).

WIND GENERATORS are allowed in certain zone districts as either ACCESSORY USES, as principal or ACCESSORY USES subject to Zoning Permit requirements of Section 23-4-460, or as principal or ACCESSORY USES subject a Use-by-Special Review Permit, per the height guidelines and maximum numbers for LEGAL LOTS, below. The height of a WIND GENERATOR is measured from the surrounding ground to the hub of the generator:

Table 23.3
WIND GENERATORS

* On LOTS less than 2.5 acres, the owner shall submit evidence to the Planning Department that the WIND GENERATOR can meet the SETBACKS found in Subsection 23-4-450.D and E below.

All WIND GENERATORS are subject to the following standards:

A.

Up to three (3) WIND GENERATORS per LEGAL LOT are allowed. More than three (3) WIND GENERATORS on a LEGAL LOT shall require the issuance of a Use by Special Review Permit, pursuant to the requirements of Article II, Division 4, of this Chapter, or the issuance of a 1041 Permit, pursuant to the requirements of Article III, Chapter 21, of this Code.

B.

WIND GENERATORS requiring the issuance of a Zoning Permit for WIND GENERATOR are subject to the application requirements of Section 23-4-460 of this Chapter. WIND GENERATORS requiring the issuance of a Use by Special Review Permit are subject to the application requirements of Section 23-2-260 of this Chapter. WIND GENERATORS requiring the issuance of a 1041 Permit are subject to the application requirements of Article III, Chapter 21, of this Code.

C.

All WIND GENERATORS shall be set back from property lines, PUBLIC RIGHTS-OF-WAY and access easements a distance of at least one (1) times the height of the generator as measured to the tip of the rotor blades or within a recorded fall zone easement that is a distance of at least one (1) times the height of the measured tip of the rotor blades.

D.

All WIND GENERATORS shall be set back from any existing or planned overhead lines a distance of at least one (1) times the height of the generator (as measured to the tip of the rotor blades).

E.

No part of the system, including guy wire anchors, shall extend closer than thirty (30) feet to any property boundary.

F.

WIND GENERATORS shall be painted or coated a nonreflective white, grey or other neutral color.

G.

WIND GENERATORS shall not be artificially illuminated, unless required by the Federal Aviation Administration (FAA).

H.

Electrical controls shall be wireless or underground, and power lines shall be underground, except for an interconnection to an existing above-ground power grid.

I.

WIND GENERATORS are subject to the following noise limits (measured from the nearest property line from the WIND GENERATOR):

1.

Residential: Fifty (50) decibels.

2.

Commercial: Fifty-five (55) decibels.

3.

Light Industrial (I-1): Sixty-five (65) decibels.

4.

Industrial (I-2 and I-3): Seventy-five (75) decibels.

J.

WIND GENERATORS are subject to applicable Federal Aviation Administration (FAA) requirements and/or permits.

K.

WIND GENERATORS generating power as a COMMERCIAL enterprise may be subject to regulation by the Colorado Public Utilities Commission.

L.

If proposing to interconnect to a utility company, the applicant shall provide to the Department of Planning Services a copy of a "letter of intent to interconnect" or interconnection agreement signed by the utility company.

(Weld County Code Ordinance 2008-16; Weld County Code Ordinance 2011-3; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-09)

The following submittals and standards are required for a 5 ACRE SEF:

A.

Surface Drainage Analysis. At the time of 5 ACRE SEF application submittal, a preliminary drainage report shall be provided for review by the Weld County Department of Public Works pursuant to the requirements of Chapter 8, Article XI of this Code. Prior to applying for a Grading Permit, a final drainage report stamped and signed by a Professional Engineer registered in the State of Colorado is required. Soils shall be planted to and maintained in perennial vegetation to prevent erosion, manage runoff and build soil. Ground-mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS).

B.

Dust and Weed Mitigation Plan. The Dust Mitigation Plan shall be provided at the time of 5 ACRE SEF application submittal, which includes a description of those methods by which dust emanating from the proposed 5 ACRE SEF and the weeds growing upon the Impacted Area will be mitigated.

C.

Floodplain Mapping. On the map of the base area, or another appropriate map, indicate any floodplain associated with the proposal. Documentation of the historical flooding activity should be included. Detail potential, adverse impacts related to the associated floodplain. (Note: If the 5 ACRE SEF location is located within a Special Flood Hazard Area identified by maps officially adopted by Weld County, a Flood Hazard Development Permit (FED) is required prior to a building permit. The FHDP is issued by the Weld County Department of Planning Services pursuant to Article XI of this Chapter.)

D.

A Decommissioning/Reclamation Plan. A Decommissioning/Reclamation Plan shall be provided at the time of 5 ACRE SEF application submittal which will be signed by the party responsible for decommissioning and the landowner (if different), addressing the following:

1.

Decommissioning/reclamation shall commence within twelve (12) months after power production has permanently ceased and be completed within twelve (12) months from the start date of the decommissioning/reclamation work.

2.

All non-utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least three (3) feet below grade shall be removed.

3.

All fences, graveled areas and access roads shall be removed unless landowner agreement to retain is presented, in writing, in which the property owner agrees for this to remain.

4.

Property shall be restored to a condition reasonably similar to its condition prior to development of the 5 ACRE SEF.

5.

The developer or owner of the 5 ACRE SEF is responsible for the decommissioning.

6.

Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from the establishment and submittal of the Security, shall include all costs associated with the dismantlement, recycling, and safe disposal of facility components and site reclamation activities, including the following elements:

a.

All labor, equipment, transportation, and disposal costs associated with the removal of all facility components from the facility site;

b.

All costs associated with full reclamation of the facility site, including removal of non-native soils, fences, and constructed access roads;

c.

All costs associated with reclamation of any primary agricultural soils at the facility site to ensure each area of direct impact shall be materially similar to the condition it was before construction;

d.

All decommissioning/reclamation activity management, site supervision, site safety costs;

e.

Any other costs, including administrative costs, associated with the decommissioning and reclamation of the facility site; and

f.

The estimated date of submission of the Security to Weld County.

7.

Prior to construction, an irrevocable standby letter of credit, bond, or alternate form of Security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by this Code. The Security shall:

a.

Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter of credit;

b.

Be issued by an A-rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar credentials;

c.

Include an automatic extension provision or "evergreen clause"; and

d.

Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the 5 ACRE SEF operator.

Weld County, in its sole discretion, may approve alternative forms of Security such as, but not limited to: bonds, letters of credit, corporate guarantees from electric utilities serving the County, or other securities, if it finds that such alternative forms will provide an assurance of the availability of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein.

8.

Access to decommissioning/reclamation fund. Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation.

E.

Statement of Transportation Construction Impacts.

1.

Describe what impacts construction of the project will have upon transportation patterns in the area intended to be served or affected by the proposal.

2.

Describe the potential construction impact on roads within the County.

3.

Identify improvements required to any roads within the County in order to serve the project adequately.

A haul route map and agreement to mitigate construction traffic impacts to the area surrounding the proposed 5 ACRE SEF may be required.

F.

Development standards for a 5 ACRE SEF.

1.

Height limitation. Ground-mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation.

2.

Glare. A 5 ACRE SEF shall be designed, located or placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day.

3.

Setbacks. The Improved Area of the 5 ACRE SEF shall conform to the setback requirements of the underlying zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback. If landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning Services.

4.

Dust mitigation. The operators of the 5 ACRE SEF shall continuously employ the practices for control of fugitive dust detailed in their dust mitigation plan submitted as required by Subsection B.2., above.

5.

Underground cables. All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary).

6.

Fencing. The 5 ACRE SEF shall be enclosed with a security fence as approved pursuant to a fencing plan submitted to the Department of Planning Services. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein.

7.

Stormwater management. The Operator of the 5 ACRE SEF shall submit a drainage report to comply with required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code. Additional requirements for Municipal Separate Storm Sewer System (MS4) areas may be applicable pursuant to Chapter 8, Article IX of this Code. Ground-mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS).

8.

Access permit. Prior to construction of the 5 ACRE SEF, the applicant shall apply for and obtain an approved Access Permit from the Weld County Department of Public Works, pursuant to the provisions of Article XIV of Chapter 8 of this Code.

9.

Existing irrigation systems. The nature and location or expansion of the 5 ACRE SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility.

G.

The 5 ACRE SEF applicant must show that all reasonable alternatives to the proposed location 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.

Only one 5 ACRE SEF is allowed per 35 acres. No 5 ACRE SEF may be located immediately adjacent to another SEF.

(Weld County Code Ordinance 2020-20)

An application for a Zoning Permit for a WIND GENERATOR or 5 ACRE SEF shall include the following:

A.

Name, address and telephone number of the applicant.

B.

Name, address and telephone number of the owner of the land, if different from Subsection A. above.

C.

Parcel number and legal description of the property for which the application is made.

D.

Evidence of interest in the subject land held by the applicant.

E.

If proposing to interconnect to a utility company, copy of a "letter of intent to interconnect" or interconnection agreement signed by the utility company.

F.

Number of acres of the property.

G.

Elevation drawings of the proposed facility showing all towers, STRUCTURES and other improvements related to the facility, showing specific materials, placement and colors.

H.

Weld County Access Permit.

I.

A vicinity map showing ADJACENT properties, general land USES, zoning and STREETS/ROADS:

1.

Within five hundred (500) feet of the proposed WIND GENERATOR or 5 ACRE SEF site.

J.

A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet, or other suitable scale to show:

1.

The proposed location of the WIND GENERATOR or 5 ACRE SEF and other support STRUCTURES (guy wires), including distances from the property LOT lines, above-ground power lines and other STRUCTURES on the property.

2.

Location and measurements of any easements or rights-of-way.

3.

An access is or can be made available that provides for safe ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance with the access requirements set forth in Chapter 8 of this Code.

4.

Identification of any COUNTY, state or federal STREETS/ROADS or highways.

5.

Existing STRUCTURES on the property.

K.

An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a 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.

L.

A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property lines of the parcel on which the WIND GENERATOR or 5 ACRE SEF shall be placed. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date.

(Weld County Code Ordinance 2008-16; Weld County Code Ordinance 2016-5; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2020-20)

The Board of County Commissioners delegates the authority to issue a zoning permit for a WIND GENERATOR or 5 ACRE SEF which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that:

A.

The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made.

B.

The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the WIND GENERATOR or 5 ACRE SEF within twenty-eight (28) days.

(Weld County Code Ordinance 2008-16; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2020-20)

A.

Once an application that is subject of this Division 6 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-one (21) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations. The authority and responsibility for approval and denial of a zoning permit rests with the Department of Planning Services.

B.

The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS within five hundred (500) feet of the subject property notifying them of the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within twenty-one (21) days.

C.

If the Department of Planning Services receives objections from the owners of at least thirty (30) percent of those notified within twenty-one (21) days, or if the Department of Planning Services determines the application does not meet all applicable criteria and requirements, the zoning permit shall be denied by the Department of Planning Services.

1.

The Department of Planning Services shall notify the applicant of the objections and the denial of the zoning permit. The Department of Planning Services shall also provide the applicant comments received from REFERRAL agencies. The applicant may appeal in writing to the Department of Planning Services within ten (10) days of receipt of the denial notice.

2.

If appealed, a public hearing shall be scheduled before the Board of County Commissioners and the Clerk to the Board shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior to the hearing.

3.

The Department of Planning Services shall post a sign on the property in question indicating a zoning permit has been requested for the property, the hearing date, and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph.

4.

The Clerk to the Board shall 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.

5.

The Board of County Commissioners shall consider any testimony of owners of surrounding property and REFERRAL agencies concerning the effects of the zoning permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out in this Code.

6.

Following the public hearing, the Board of County Commissioners shall pass a resolution affirming its decision as to whether to approve or deny the zoning permit. The decision of the Board shall be final.

7.

Notice is not required by state statute and is provided as a courtesy to surrounding property owners. 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 permit process even if such error results in the failure of a surrounding property owner to receive such notification.

8.

If the applicant does not submit a written appeal within said ten (10) days, the denial shall be final.

(Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-09; Weld County Code Ordinance 2021-15)

A.

The intent of the TEMPORARY seasonal USE procedure is to provide an administrative process for the regulation of seasonal USES and ACCESSORY STRUCTURES, including fruit and vegetable stands, and those for the sale of fireworks or Christmas trees. Other similar TEMPORARY seasonal USES may be approved by the Director of Planning Services.

B.

Roadside stands shall be located not less than fifty (50) feet from any PUBLIC RIGHT-OF-WAY.

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

A.

The submittal shall be reviewed for completeness and the applicant notified of any inadequacies. Once the submittal is determined complete, Planning staff and other agencies, such as the Department of Public Works, the affected fire district, the Colorado Department of Transportation and the Department of Public Health and Environment, shall review the submittal.

B.

After review and comment by the review agencies, the Department of Planning Services shall make final determination of approval or denial of the permit. Such determination shall be made based on its conformance with Chapter 22 of this Code and any other applicable Code provision or ordinance in effect, sound land use planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter.

C.

If the Department of Planning Services denies the Permit, the applicant may appeal in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final.

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

The following supporting documentation shall be submitted as a part of the application:

A.

A TEMPORARY seasonal USE permit 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.

A detailed description of the proposed USE, including the location of proposed parking areas or PARKING LOTS, and evidence that the USE meets the requirements of the zone district.

D.

Evidence that the USE shall have an adequate source of potable water.

E.

Evidence that the USE shall have adequate sewage disposal facilities, which may include TEMPORARY sewage disposal facilities (i.e., portable toilets), as determined by the Department of Public Health and Environment.

F.

A completed Weld County Access Permit provided by the Department of Planning Services.

G.

The number of employees associated with the USE.

H.

A generalized sketch map drawn on a sheet of paper eight and one-half (8½) inches by eleven (11) inches. The sketch map shall be legible and include the following information:

1.

The boundary of the property.

2.

The boundary of the proposed USE.

3.

A north arrow.

4.

The location of all existing and proposed driveways and accesses associated with the PARKING LOTS.

5.

The names of any existing STREETS/ROADS or highways abutting the property.

6.

All existing STRUCTURES on the property.

7.

All easements or rights-of-way located on the proposed property.

8.

The location of sewage disposal facilities.

I.

The application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a 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 2009-8; Weld County Code Ordinance 2016-5; Weld County Code Ordinance 2019-02)

Where an ACCESSORY DWELLING UNIT (ADU) is permitted in Article III of this Chapter, the following criteria shall be met prior to issuance of a building permit for said dwelling:

A.

An ADU may be attached to, detached from, or contained within a SINGLE-FAMILY DWELLING.

B.

An ADU is not permissible on a LOT with a DUPLEX.

C.

No LOT shall contain more than one (1) ADU.

D.

No ADU shall be permitted unless the Department of Planning Services has determined the LOT to be a LEGAL LOT.

E.

An ADU must comply with all bulk requirements in Sections 23-3-70, 23-3-160, or 23-3-440, as applicable.

F.

An ADU must comply with all applicable building codes, as adopted in Chapter 29 of this Code.

G.

Where the STREET/ROAD providing access is COUNTY-maintained, an ADU must use an existing driveway access. No new Access Permits shall be issued by the COUNTY for an ADU.

H.

In R (Residential) zone districts and PLANNED UNIT DEVELOPMENTS that allow SINGLE-FAMILY DWELLINGS, no ADU shall be permitted unless the LOT is served by PUBLIC WATER and PUBLIC SEWER, unless all of the following conditions are met:

1.

The LOT contains at least one (1) acre,

2.

The LOT is served by PUBLIC WATER, and

3.

PUBLIC SEWER is greater than four hundred (400) feet from the nearest boundary of the LOT.

I.

On a LOT in the A (Agricultural) zone district, no ADU shall be permitted on a LOT smaller than two and one-half (2.5) acres unless the LOT is served by PUBLIC WATER. On a LOT in the A (Agricultural) zone district served by PUBLIC WATER, no ADU shall be permitted on a LOT smaller than one (1) acre unless the LOT is also served by PUBLIC SEWER.

J.

Where an ADU is allowed to be served by an on-site wastewater treatment system (OWTS), a new septic permit may be required, in accordance with Section 30-4-140 of this Code.

(Weld County Code Ordinance 2024-04; Weld County Code Ordinance 2025-08)

No BUILDING UNIT shall be constructed within two hundred fifty (250) feet of any OIL AND GAS FACILITY, nor within fifty (50) feet of any plugged and abandoned oil and gas well. No other BUILDING shall be constructed within fifty (50) feet of any OIL AND GAS FACILITY, nor any plugged and abandoned oil and gas well. This provision shall not apply to the expansion of a BUILDING permitted or existing as of December 30, 2022, provided such expansion does not increase the BUILDING footprint by more than fifty percent (50%). No VARIANCE from this section shall be granted such that it would allow any BUILDING to be constructed within fifty (50) feet of any OIL AND GAS FACILITY, nor any plugged and abandoned oil and gas well.

(Weld County Code Ordinance 2022-08)

A.

Anyone feeding LIVESTOCK shall be responsible to use best management practices.

B.

An operator shall be in violation of the following performance standards when: A complaint is received and verified by the Department of Public Health and Environment; and the Department of Public Health and Environment sends written notice to the operator requiring a plan and time line for correction to be submitted within a specified reasonable period of time; and the operator fails to respond to the written notice within the specified period of time; or the operator fails to implement the plan of correction within the proposed time line.

C.

The Department of Public Health and Environment will use the following performance standards to verify a complaint and evaluate the presence of a nuisance condition:

1.

The property owner shall remove, handle and stockpile all manure in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests or pollutant runoff. The manure storage site shall have a surface, in accordance with the Concentrated Animal Feeding Operation Control Regulations, which does not permit seepage or percolation of manure pollutants into the ground.

2.

Suitable natural, sanitary, chemical and scientific controls shall be provided for rodent and insect control.

3.

Equipment and areas on the property, such as feed bunks, feed bunk aprons, water tanks, feeding devices, manure piles, trash dumpsters, animal pens, feed mixing areas, STRUCTURES and other similar equipment and areas shall be constructed and maintained in a sanitary manner to prevent nuisance conditions.

4.

Adequate mechanical means for scraping, grading and cleaning of the property shall be provided at all times.

5.

Drainage facilities or improvements shall be constructed to protect any rivers, streams or other bodies of water from pollution.

6.

All runoff retention and containment facilities shall meet and be maintained in accordance with the Colorado Department of Health's Concentrated Animal Feeding Operation Control Regulation (5 CCR 1002-81). The property owner shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division, or the County Department of Public Health and Environment.

7.

Groundwater monitoring wells may be required to evaluate impacts on the ground water table. The number, placement, construction and monitoring of wells shall be at the direction of the Board of County Commissioners.

8.

Uses on the property shall comply with the Colorado Air Quality Commission's air quality regulations.

9.

All associated liquid and solid wastes shall be stored and removed for final disposal in a manner than protects against surface and groundwater contamination.

10.

Fugitive dust shall be confined on the property.

(Weld County Code Ordinance 2019-02)

The purpose of this Division is to accommodate the increasing wireless communication needs of County residents, businesses and visitors while protecting the public health, safety, general welfare and visual environment of the County by:

A.

Enhancing the ability to provide wireless services to County residents, businesses and visitors.

B.

Simplifying and shortening the process for obtaining necessary permits for antennas and TELECOMMUNICATION ANTENNA TOWERS, while protecting the legitimate interests of County residents.

C.

Protecting the County's environmental resources and visual environment from the potentially adverse visual effects of antennas and TELECOMMUNICATION ANTENNA TOWERS through careful design and siting standards.

D.

Reducing the number of TELECOMMUNICATION ANTENNA TOWERS needed to serve the County by requiring TELECOMMUNICATION ANTENNAS to be placed on existing STRUCTURES wherever possible and requiring CO-LOCATION of telecommunication providers on existing and new TELECOMMUNICATION ANTENNA TOWERS.

E.

Using performance standards and incentives to promote location of TELECOMMUNICATION ANTENNAS on concealed STRUCTURES, existing BUILDINGS, and existing TELECOMMUNICATION ANTENNA TOWERS.

(Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2022-05)

Editor's note— Weld County Code Ordinance 2022-05, adopted October 3, 2022, repealed § 23-4-805, which pertained to definitions and derived from Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2015-8; Weld County Code Ordinance 2019-02.

Where TELECOMMUNICATION FACILITIES are proposed, ATTACHED TELECOMMUNICATION ANTENNAS or CO-LOCATION on existing TELECOMMUNICATION ANTENNA TOWERS is required, if feasible, to serve the applicant's desired geographic area. If an applicant provides substantial evidence that ATTACHED TELECOMMUNICATION ANTENNAS or CO-LOCATION on existing TELECOMMUNICATION ANTENNA TOWERS is not feasible to serve the applicant's desired geographic area, TELECOMMUNICATION ANTENNA TOWERS may be permitted in accordance with this Division 10. In order to mitigate visual impacts and ensure compatibility with the surrounding area, a CONCEALED TELECOMMUNICATION ANTENNA TOWER may be required unless the applicant can demonstrate that concealment is not feasible or necessary.

(Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2022-05)

Editor's note— Weld County Code Ordinance 2022-05, adopted October 3, 2022, repealed § 23-4-820, which pertained to general requirements and derived from Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2019-02.

A.

In C (Commercial), I (Industrial), and A (Agricultural) zoning districts and PLANNED UNIT DEVELOPMENTS without residential USES, TELECOMMUNICATION ANTENNA TOWERS are allowed as a USE by right, ACCESSORY USE, USE subject to Zoning Permit for TELECOMMUNICATION ANTENNA TOWER requirements, or as a Use by Special Review Permit, per the height guidelines below. The height of a TELECOMMUNICATION ANTENNA TOWER is defined as the distance from the finished grade at the TELECOMMUNICATION ANTENNA TOWER base to the highest point of the TELECOMMUNICATION ANTENNA TOWER. Overall TELECOMMUNICATION ANTENNA TOWER HEIGHT includes the base pad, mounting STRUCTURES and panel antennas, but excludes lightning rods and whip antennas.

Table 23.4
TELECOMMUNICATIONS ANTENNA TOWERS

* TELECOMMUNICATION ANTENNA TOWERS located within an OIL AND GAS FACILITY shall be exempt from the requirement for a Zoning Permit for TELECOMMUNICATIONS ANTENNA TOWER. They will, however, need to be included either within a 1041 WOGLA permit, or submitted via a Sundry Form to the Oil and Gas Energy Department.

B.

In addition to meeting the Use by Special Review standards set forth in Article II, Division 5 of this Chapter or the Zoning Permit for Telecommunication antenna tower permit application requirements set forth in Section 23-4-870, the applicant shall submit documentation addressing the following standards:

1.

The TELECOMMUNICATION ANTENNA TOWER shall not constitute a hazard to aircraft.

2.

The proposed TELECOMMUNICATION ANTENNA TOWER shall be designed and provide for CO-LOCATION. Failure to provide space for other carriers at a fair market rate when it would not impair the structural integrity of the TELECOMMUNICATION ANTENNA TOWER or cause interference, or modification of any STRUCTURE to make CO-LOCATION impractical or impossible, shall be grounds for revocation or suspension of approval by the Board of County Commissioners in accordance with Subsection 23-4-830.G. below.

3.

The TELECOMMUNICATION ANTENNA TOWER shall have the least practicable adverse visual impact on the environment.

4.

The proposed TELECOMMUNICATION ANTENNA TOWER shall not emit radiation that will adversely affect human health.

5.

The proposed TELECOMMUNICATION ANTENNA TOWER shall be the minimum height needed to accommodate the TELECOMMUNICATION ANTENNA.

6.

The proposed TELECOMMUNICATION ANTENNA TOWER shall comply with all applicable federal and State regulations.

7.

The design of the proposed TELECOMMUNICATION ANTENNA TOWER shall ensure structural integrity.

8.

The proposed TELECOMMUNICATION ANTENNA TOWER shall have adequate measures to discourage unauthorized climbing and to ensure the security thereof.

9.

All reasonably possible sites for the TELECOMMUNICATION ANTENNA TOWER have been considered, and the proposed site is the most appropriate, available site from a land use perspective.

10.

The proposed TELECOMMUNICATION ANTENNA TOWER shall not adversely impact wildlife.

C.

TELECOMMUNICATION ANTENNA FACILITIES and equipment SETBACKS and OFFSETS.

1.

TELECOMMUNICATION ANTENNAS, ATTACHED and other appurtenances may encroach up to two (2) feet into the minimum BUILDING SETBACKS and OFFSETS in the UNDERLYING ZONING DISTRICT, but shall not extend over LOT lines.

2.

Minimum SETBACKS and OFFSETS for CONCEALED TELECOMMUNICATION ANTENNA TOWERS are the same as the minimum BUILDING SETBACKS and OFFSETS in the UNDERLYING ZONING DISTRICT.

3.

Minimum SETBACKS for TELECOMMUNICATION ANTENNA TOWERS, other than CONCEALED TELECOMMUNICATION ANTENNA TOWERS: TELECOMMUNICATION ANTENNA TOWERS, other than CONCEALED TELECOMMUNICATION ANTENNA TOWERS, shall be set back from all RIGHT-OF-WAY lines and future right-of-way lines a distance equal to the TELECOMMUNICATION ANTENNA TOWER HEIGHT.

4.

Minimum OFFSETS for TELECOMMUNICATION ANTENNA TOWERS, other than CONCEALED TELECOMMUNICATION ANTENNA TOWERS: TELECOMMUNICATION ANTENNA TOWERS, other than CONCEALED TELECOMMUNICATION ANTENNA TOWERS, shall be set back from all property lines other than RIGHT-OF-WAY lines and future right-of-way lines a distance equal to the TELECOMMUNICATION ANTENNA TOWER HEIGHT. Reduced OFFSETS may be approved in the following circumstances:

a.

The applicant provides a document signed and stamped by an engineer licensed to do business in the state stating that the tower is designed to fall entirely within the boundaries of the property in the event of collapse, or

b.

The applicant provides evidence of a recorded permanent tower fall zone easement extending to a distance equal to the height of the tower.

5.

Guy wires and equipment BUILDINGS and cabinets. No part of the TELECOMMUNICATION ANTENNA TOWER system, including any guy wire anchors, shall extend closer to the property boundary than minimum BUILDING SETBACKS and OFFSETS in the UNDERLYING ZONING DISTRICT.

D.

Equipment Design.

1.

A TELECOMMUNICATION ANTENNA, ATTACHED on a roof may extend up to fifteen (15) feet over the height of the BUILDING or STRUCTURE and may exceed the UNDERLYING ZONING DISTRICT height limitation.

2.

TELECOMMUNICATION ANTENNAS, ATTACHED mounted on a BUILDING or STRUCTURE wall shall be flush to the wall as technically possible, shall not project above the top of the wall, and shall be located, painted and/or screened to be architecturally and visually compatible with the wall to which it is attached.

3.

TELECOMMUNICATION ANTENNA TOWERS shall not be artificially lighted unless required by the FAA or other State or federal agency. Security lighting on the site may be mounted up to twenty (20) feet high and shall be directed toward the ground to reduce light pollution, prevent offsite light spillage and avoid illuminating the TELECOMMUNICATION ANTENNA TOWER.

4.

Equipment BUILDINGS shall be compatible with the architectural style of the surrounding BUILDING environment with consideration given to exterior materials, roof form, scale, mass, color, texture and character. Equipment BUILDINGS shall be constructed with materials that are equal to or better than the materials of the PRINCIPAL BUILDING. Equipment cabinets shall be located, painted and/or screened to be architecturally and visually compatible with the surrounding BUILDING and natural environment.

E.

Base or Accessory Site Design.

1.

If determined to be required by either the Director of the Department of Planning Services or the Weld County Board of Commissioners in the course of processing a Zoning Permit for a Telecommunication Antenna Tower Facility or Use by Special Review Permit, SCREENING appropriate to the context of the site and in harmony with the character of the surrounding environment shall be installed if any part of the facility is visible from PUBLIC RIGHTS-OF-WAY or ADJACENT properties.

2.

Existing vegetation and grades on the site should be improved or preserved to the extent possible.

3.

Signage at the site shall be limited to nonilluminated warning and equipment SIGNS. This does not apply to concealed antennas incorporated into FREESTANDING SIGNS.

F.

Revocation or suspension of approval. Any approval may be revoked or suspended by the Board of County Commissioners following a Probable Cause Hearing as outlined in Section 2-4-40 of this Code for any of the following circumstances:

1.

VIOLATION of any of the terms of this Division 10 or the conditions of approval.

2.

The USE has not commenced within three (3) years from the date of recording.

3.

The USE has been discontinued for a period of three (3) consecutive years.

If the approval is revoked or suspended, the property owner shall cease operation of the USE immediately. Continued operation of the USE after approval has been revoked or suspended shall be a VIOLATION of this Code. If the approval is revoked, the Board of County Commissioners may, in its discretion, elect to allow the facility to remain onsite until a specified date to allow the owner or a subsequent owner time to apply to reestablish its USE following the procedures and requirements of this Division. If the USE has not been lawfully reestablished by such date, the facility and the related equipment shall be removed at the owner's expense.

G.

The applicant shall maintain the site and any required or proposed SCREENING. Maintenance shall include, but not be limited to, removal or trash and weeds.

(Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2015-8; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2022-05; Weld County Code Ordinance 2023-13)

Application Contents. In addition to requirements outlined in Article II of this Chapter, applications for Use by Special Review approval of proposed TELECOMMUNICATION FACILITIES, and additions or modifications to existing facilities, shall include the following:

A.

Improvement Location Certificate identifying the location of the disturbed area, lease area, and coordinates of the proposed facility in longitude and latitude.

B.

Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELECOMMUNICATION ANTENNAS, TELECOMMUNICATION ANTENNA TOWERS, STRUCTURES, equipment BUILDINGS and cabinets, fencing, SCREENING, landscaping, lighting and other improvements related to the facility, showing specific materials, placement and colors. The County may require photo-realistic renderings of the site post-construction, demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding visual environment, and/or photo-realistic renderings of the site from specific vantage points.

C.

A report describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design, height and location, and addressing compatibility and the preferred order listed in Section 23-4-810 above; the general need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the STRUCTURE, including the number and type of antennas it can accommodate.

D.

The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or equivalent), if the facility is taller than two hundred (200) feet or is located in the A-P (Airport) Overlay District or within one (1) mile of an AIRPORT.

E.

A letter of intent to allow CO-LOCATION on the TELECOMMUNICATION ANTENNA TOWER. The applicant may provide written justification and evidence why co-location is not possible.

F.

A Decommissioning Plan and letter of intent or lease agreement statement which addresses removal of the facility at the expense of the TELECOMMUNICATION FACILITY owner and/or property owner if it is deemed abandoned.

G.

A map indicating the service area/radius of the proposed TELECOMMUNICATION ANTENNA TOWER in addition to the service area/radius of other existing TELECOMMUNICATION ANTENNA TOWERS within ten (10) miles of the proposed TELECOMMUNICATION ANTENNA TOWER location.

(Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2015-8; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2022-05)

A.

Technical Issues and Expert Review. TELECOMMUNICATION FACILITIES may involve complex technical issues that require review and input that is beyond the expertise of County staff. The Department of Planning Services may require the applicant to pay reasonable costs of a third-party technical study of a proposed TELECOMMUNICATION FACILITY. Selection of experts to review the proposal will be at the sole discretion of the County.

B.

Building Permits. Zoning Permit and Use by Special Review approvals of TELECOMMUNICATION FACILITIES are separate from the building permit review process. Building permits for the construction of TELECOMMUNICATION FACILITIES cannot be issued until the facility is approved through the administrative, or Use by Special Review process, if applicable.

(Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2022-05)

A.

System Information. A TELECOMMUNICATION ANTENNA TOWER provider will meet with the Department of Planning Services to furnish information about the proposed system design.

B.

Information Sharing. The Planning Department may share information with other interested parties seeking to locate TELECOMMUNICATION FACILITIES in the County in an effort to promote CO-LOCATION and co-development of TELECOMMUNICATION FACILITIES.

(Weld County Code Ordinance 2010-6)

An application for a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER shall include the following:

A.

Completed application form provided by the Department of Planning Services.

B.

Authorization form, if applicable.

C.

Deed identifying the surface estate ownership interest in the property and relevant lease documents.

D.

Articles of organization or incorporation documents if the applicant or owner is a corporate entity and a statement/delegation of authority for the person authorized to sign on the corporation's behalf.

E.

Improvement Location Certificate identifying the location of the disturbed area, lease area, and coordinates of the proposed facility in longitude and latitude.

F.

Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELECOMMUNICATION ANTENNA TOWERS, STRUCTURES and other improvements related to the TELECOMMUNICATION FACILITY, showing specific materials, placement and colors. The County may require photo-realistic renderings of the site post-construction, demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding visual environment, and/or photo-realistic renderings of the site from specific vantage points.

G.

A vicinity map showing properties, general land USES, zoning and STREETS/ROADS within one (1) mile of the subject property.

H.

A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet, or other suitable scale if approved by Planning Services, to show:

1.

The proposed location of the TELECOMMUNICATION ANTENNA TOWERS and other support STRUCTURES (guy wires), including distances from the property LOT lines, above-ground power lines and other STRUCTURES on the property.

2.

Location and measurements of any easements or rights-of-way on the property.

3.

Access to the property indicating whether it is existing or proposed. An access permit may be required.

4.

Identification of any ADJACENT COUNTY, State or federal STREETS/ROADS or highways.

5.

Existing and proposed STRUCTURES, USES, parking areas, vegetation, and landscaping on the property.

6.

A site detail of TELECOMMUNICATION ANTENNA TOWER and encumbrances/ support STRUCTURES.

I.

A statement describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design and location, and addressing compatibility and the preferred order listed in Section 23-4-810 above; the general need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the STRUCTURE, including the number and type of antennas it can accommodate.

J.

The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or equivalent), if the facility is located in the A-P (Airport) Overlay District or within one (1) mile of an Airport.

K.

A letter of intent to allow CO-LOCATION on the TELECOMMUNICATION ANTENNA TOWER. The applicant may provide written justification and evidence why CO-LOCATION is not possible.

L.

A Decommissioning Plan and letter of intent or lease agreement statement which addresses removal of the facility at the expense of the TELECOMMUNICATION FACILITY owner and/or property owner if it is deemed abandoned.

M.

A map indicating the service area/radius of the proposed TELECOMMUNICATION ANTENNA TOWER in addition to the service area/radius of other existing TELECOMMUNICATION ANTENNA TOWERS within ten (10) miles of the proposed TELECOMMUNICATION ANTENNA TOWER location.

N.

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

O.

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

P.

An application fee. An additional fifty percent (50%) of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a 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 2010-6; Weld County Code Ordinance 2015-8; Weld County Code Ordinance 2016-5; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2022-05)

The Department of Planning Services shall refer all Zoning Permits for TELECOMMUNICATION ANTENNA TOWER applications to municipalities whose boundaries are located within one-half (½) mile of the boundaries of the subject property. The failure of any municipality to respond within twenty-one (21) days may be deemed to be a favorable response.

(Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2022-05)

The Board of County Commissioners delegates the authority to issue a zoning permit for a TELECOMMUNICATION ANTENNA TOWER, which otherwise requires the approval of the Board of County Commissioners through a public hearing process, to the Department of Planning Services upon a determination by the Department that:

A.

The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made.

B.

The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the TELECOMMUNICATION ANTENNA TOWER. If opposed, the petition shall indicate that the surrounding property owners who have signed the notification have objections to the issuance of a zoning permit for the TELECOMMUNICATION ANTENNA TOWER.

C.

The Department of Planning Services and has not received referral responses in opposition to the location of the TELECOMMUNICATION ANTENNA TOWER from municipalities within one-half (½) mile of the subject property.

(Weld County Code Ordinance 2010-6)

A.

CO-LOCATION of new transmission equipment onto, or removal or replacement of, existing equipment from existing TELECOMMUNICATION FACILITIES (including existing nonconforming antenna tower facilities) shall not require a new or amended Use by Special Review Permit, or Zoning Permit if the modification does not substantially change the physical dimensions of such tower or base station.

B.

Other additions of equipment onto existing TELECOMMUNICATION FACILITIES (including existing nonconforming antenna tower facilities) that substantially extend the TELECOMMUNICATION ANTENNA TOWER HEIGHT and/or substantially expand the area occupied by the TELECOMMUNICATIONS ANTENNA TOWER and/or accessory equipment shall be reviewed by the Director of Planning Services to determine whether or not a new or amended Use by Special Review (USR) or a new Zoning Permit will be required.

C.

When a modification to an existing TELECOMMUNICATION ANTENNA TOWER is proposed, the Director of Planning Services shall provide the applicant with a written determination regarding whether zoning approval is required, and if so, which permit is applicable. Within thirty (30) days of receiving notice of the proposed modification, the Director may require the applicant to provide such other information as the Director believes is reasonably necessary to make his or her determination. The Director's determination shall be provided within sixty (60) days of receiving notice of the proposed modification.

(Weld County Code Ordinance 2015-8; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2022-05)

Editor's note— Ord. No. 2022-05, adopted October 3, 2022, repealed § 23-4-894, which pertained to subdivision exemptions for changes to existing telecommunication tower facilities and derived from Weld County Code Ordinance 2015-8; Weld County Code Ordinance 2019-02.

NONCOMMERCIAL TOWERS shall be subject to the following requirements:

A.

NONCOMMERCIAL TOWERS shall be permitted in all zone districts. See Appendix 23-F for requirements in zone districts.

B.

NONCOMMERCIAL TOWER components, including any and all antennas, appurtenances, cables, guy wires or structural supports, shall be subject to the front, side and rear SETBACK requirements for ACCESSORY STRUCTURES for the zone district in which the tower is located. This provision shall not apply to the tower itself.

C.

NONCOMMERCIAL TOWERS shall be set back from any existing or planned overhead transmission lines a distance greater than the height of the tower.

D.

No NONCOMMERCIAL TOWER may exceed the height as measured from the ground at a point directly beneath the apex of the NONCOMMERCIAL TOWER, per the specific zone district, without a Zoning Permit for a NONCOMMERCIAL TOWER (ZPNCT) or Use by Special Review Permit approved by the Board of County Commissioners.

E.

No NONCOMMERCIAL TOWER may exceed the number as a USE by right of the specific Zone District without a Zoning Permit for NONCOMMERCIAL TOWERS (ZPNCT) or a Use by Special Review Permit approved by the Board of County Commissioners.

F.

Limiting Site Factors. NONCOMMERCIAL TOWERS are permitted in all zone districts; however, should the proposed NONCOMMERCIAL TOWER be located in one or more of the following areas, the NONCOMMERCIAL TOWER is subject to additional review and approval by the appropriate agency:

1.

Within two (2) miles of any military installation.

2.

Within the A-P (Airport) Overlay District described in Division 1, Article V, of this Chapter.

3.

Within the GEOLOGIC HAZARD AREAS as defined by Section 23-1-90 of this Code.

4.

No facilities will be permitted within:

a.

Historic sites.

b.

Wetlands.

c.

All FLOODWAYS, as defined by Section 23-1-90 of this Code.

G.

Prior to the issuance of a land use permit for any NONCOMMERCIAL TOWER, the applicant shall provide the following:

1.

A completed land use application form and a Building Permit application form.

2.

A description of the proposed tower, including its height and method of construction.

3.

A scaled Site Plan drawing of the subject property, showing all property lines, the location of all existing STRUCTURES, and the proposed location of the tower, including the location of cables, guy wires or other structural supports.

4.

The applicant shall provide evidence that additional review and approval by the appropriate agency is not required in accordance with FAR Part 77, "Objects Affecting Navigable Airspace", and/or, if the STRUCTURE is located within the A-P (Airport) Overlay District. Towers farther than twenty thousand (20,000) feet to the nearest point of the nearest runway of any AIRPORT are automatically exempt from any review. Other exemptions are based on tower distance, tower height, ground height and BUILDINGS between the tower and the AIRPORT, and length of AIRPORT runway.

5.

The application fee. Investigation fee, if applicable. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a 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 2010-6; Weld County Code Ordinance 2019-02)

Any CELL ON WHEELS (COW) facility shall be approved by the Board of County Commissioners prior to placement. COW facilities are not considered to be permanent USES and may be allowed by the Board of County Commissioners to remain on a site for a period not to exceed one (1) year.

(Weld County Code Ordinance 2015-8; Weld County Code Ordinance 2019-02)

A.

Where a SEMI-TRAILER as ACCESSORY storage is permitted in Article III of this Chapter upon issuance of a zoning permit, the permit may be issued by the Department of Planning Services upon a determination that:

1.

No utility other than electricity shall be connected to the SEMI-TRAILER.

2.

The SEMI-TRAILER will not be used on any basis for anything other than storage of goods.

3.

The property upon which the SEMI-TRAILER is located is a LEGAL LOT.

4.

No structural component of the SEMI-TRAILER will be removed if it would result in the SEMI-TRAILER being unmovable.

5.

The SEMI-TRAILER shall not be allowed to deteriorate into a state of disrepair. Such disrepair would include, but not be limited to, a SEMI-TRAILER partially or totally damaged by fire, earthquake, wind or other natural causes, or a SEMI-TRAILER in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such SEMI-TRAILER shall be restored to and maintained in the original condition upon being placed on the site or shall be removed from the site.

6.

The SEMI-TRAILER shall be removed from the property upon cessation of such USE.

7.

The SEMI-TRAILER shall not in any manner be used to display SIGNS.

8.

The SEMI-TRAILER is compatible with the surrounding area.

9.

The SEMI-TRAILER has current registration and license plates.

B.

The zoning permit shall not be transferable by the applicant and/or owner to any successor and shall terminate automatically upon conveyance or lease of the property. The SEMI-TRAILER shall be removed from the property or a new zoning permit shall be applied for and approved prior to conveying or leasing the property. Each request for a zoning permit shall include a statement by the applicant acknowledging that the zoning permit is only for the applicant to which the zoning permit was issued.

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

An application for a Zoning Permit for a SEMI-TRAILER as ACCESSORY storage shall include the following:

A.

Name, address and telephone number of the applicant.

B.

Name, address and telephone number of the owner of the land if different from Subsection A above.

C.

Parcel number and legal description of the property for which the application is made.

D.

Evidence of interest in the subject land held by the applicant.

E.

Repealed.

(Weld County Code Ordinance 2007-1)

F.

Number of acres of the property.

G.

Evidence that the SEMI-TRAILER is currently licensed.

H.

Weld County Access Permit.

I.

A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable scale to show:

1.

The proposed location of the SEMI-TRAILER, including distances from the property LOT lines and other STRUCTURES on the property.

2.

Access to the SEMI-TRAILER, including distances from the property LOT lines and other STRUCTURES on the property.

3.

Location and measurements of any easements or rights-of-way.

4.

An access is or can be made available that provides for safe ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance with the access requirements set forth in this Code.

5.

Identification of any COUNTY, state or federal STREETS/ROADS or highways.

6.

Existing STRUCTURES on the property.

J.

An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a 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.

K.

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

(Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2007-1; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2016-5; Weld County Code Ordinance 2019-02)

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

A.

Refer 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-one (21) 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. The COUNTY 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.

B.

Send a request for comment in support or opposition regarding the Zoning Permit for a SEMI-TRAILER as ACCESSORY storage 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, upon receipt of the application. 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 permitting process, even if such error results in the failure of a surrounding property owner to receive such notification.

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

A.

The Board of County Commissioners delegates the authority to issue a zoning permit for a SEMI-TRAILER which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that:

1.

The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made.

2.

The Department of Planning Services has sent notice and has not received signed notification of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the SEMI-TRAILER within twenty-one (21) days.

B.

If the Department of Planning Services denies the Permit, the applicant may appeal in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final.

C.

If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a SEMI-TRAILER as ACCESSORY storage, the Board of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board:

1.

The Department of Planning Services will notify the applicant, granting ten (10) business days to determine if he or she wants to proceed with the application.

2.

If the applicant notifies the Department of Planning Services of his or her desire to proceed with the application, the Department will request a hearing date and time from the Clerk to the Board and prepare a staff report.

3.

The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting 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 meeting. 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 permit process even if such error results in the failure of a surrounding property owner to receive such notification.

4.

The Department of Planning Services shall post a sign for the applicant on the property in question indicating that one (1) SEMI-TRAILER as ACCESSORY storage has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph.

5.

The Clerk to the Board shall 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.

6.

The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the SEMI-TRAILER as ACCESSORY storage on the surrounding properties and its compliance with the criteria set out in this Division.

(Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-09)

A.

Where parking of a COMMERCIAL VEHICLE is permitted in Article III of this Chapter upon issuance of a zoning permit, the permit may be issued by the Department of Planning Services upon a determination that:

1.

The property upon which the COMMERCIAL VEHICLE is located is a LEGAL LOT of at least one (1) acre.

2.

The COMMERCIAL VEHICLE will be removed from the property upon cessation of such USE.

3.

The COMMERCIAL VEHICLE is compatible with the surrounding area.

4.

The COMMERCIAL VEHICLE has current registration and license plates.

5.

The application complies with this Division 12.

(Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2012-1; Weld County Code Ordinance 2019-02)

An application for any Zoning Permit for a COMMERCIAL VEHICLE required by this Division shall include the following:

A.

Name, address and telephone number of the applicant.

B.

Name, address and telephone number of the owner of the land if different from Subsection A above.

C.

Evidence of interest in the subject land held by the applicant, such as a deed, lease agreement or similar evidence.

D.

A legal description of the property for which the application is made.

E.

Number of acres of the property.

F.

A sketch plan of the site at the scale of one (1) inch represents twenty (20) feet or other suitable scale to show:

1.

The proposed parking location of the COMMERCIAL VEHICLE, including distances from the property LOT lines and other STRUCTURES on the property.

2.

Access to be utilized by the COMMERCIAL VEHICLE indicating whether the access is existing or proposed.

3.

Location and measurements of any easements or rights-of-way.

4.

Weld County Access Permit.

5.

Identification of any COUNTY, state or federal STREETS/ROADS or highways.

6.

Existing STRUCTURES on the property.

G.

An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a 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.

H.

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

I.

This zoning permit shall not be transferable by the applicant and/or owner to any successor; the zoning permit shall terminate automatically upon conveyance or lease of the property.

J.

The COMMERCIAL VEHICLE shall be required to maintain current registration and license plates.

(Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2016-5; Weld County Code Ordinance 2019-02)

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

A.

Refer 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-one (21) 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. The COUNTY 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.

B.

Send a request for comment in support or opposition regarding the Zoning Permit for a COMMERCIAL VEHICLE 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, upon receipt of the application. 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 permitting process, even if such error results in the failure of a surrounding property owner to receive such notification.

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

A.

The Board of County Commissioners delegates the authority to issue a zoning permit for a COMMERCIAL VEHICLE which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that:

1.

The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made.

2.

The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the COMMERCIAL VEHICLE within twenty-one (21) days.

B.

If the Department of Planning Services denies the Permit, the applicant may appeal in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final.

C.

If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a COMMERCIAL VEHICLE, then the Board of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board:

1.

The Department of Planning Services will notify the applicant, granting ten (10) business days to determine if he or she wants to proceed with the application.

2.

If the applicant notifies the Department of Planning Services of his or her desire to proceed with the application, the Department will request a hearing date and time from the Clerk to the Board and prepare a staff report.

3.

The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting 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 meeting. 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 permit process even if such error results in the failure of a surrounding property owner to receive such notification.

4.

The Department of Planning Services shall post a sign for the applicant on the property in question, indicating that a COMMERCIAL VEHICLE has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph.

5.

The Clerk to the Board shall 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.

6.

The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the COMMERCIAL VEHICLE on the surrounding properties and its compliance with the criteria set out in this Division.

(Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-09)

A.

Intent. A HOME OCCUPATION Zoning Permit shall be obtained for any HOME OCCUPATION falling within the definition of a HOME OCCUPATION operation. The Board of County Commissioners delegates the authority and responsibility for processing and approving the zoning permit 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.

B.

Application requirements. An application for any zoning permit for a HOME OCCUPATION required by this Division shall include the following:

1.

Name, address and telephone number of the applicant.

2.

Name, address and telephone number of the owner of the land if different from applicant.

3.

A copy of the most recent deed to the property and, if the applicant is not the property owner, evidence of interest in the subject land held by the applicant, such as a lease agreement or similar evidence.

4.

Reserved.

5.

Number of acres of the property.

6.

The application for a HOME OCCUPATION - CLASS II shall include a sketch plan of the site at the scale of one (1) inch represents twenty (20) feet, or other suitable scale, to show:

a.

The proposed parking location of any COMMERCIAL VEHICLE (if applicable), including distances from the property LOT lines and other STRUCTURES on the property. Notwithstanding any section of this Code to the contrary, a CLASS II HOME OCCUPATION may include up to two (2) associated COMMERCIAL VEHICLES.

b.

Access to be utilized, indicating whether the access is existing or proposed.

c.

Location and measurements of any easements or rights-of-way.

d.

Reserved.

e.

Identification of any COUNTY, state or federal STREETS/ROADS or highways.

f.

Existing STRUCTURES on the property.

g.

The STRUCTURES in which the HOME OCCUPATION shall be operated shall be appropriately labeled. The total area of USE shall also be delineated.

7.

An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a 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.

8.

The application for a HOME OCCUPATION - CLASS II shall include a certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property lines of the parcel. 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. 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 permit process, even if such error results in the failure of a surrounding property owner to receive such notification.

9.

Whether the property is situated within a SUBDIVISION regulated by a Homeowners Association (HOA). If applicable, contact information shall be provided.

10.

Acknowledgement that this zoning permit shall not be transferable by the applicant and/or owner to any successor; the zoning permit shall terminate automatically upon conveyance or lease of the property.

11.

Evidence that a water supply of sufficient quality, quantity and dependability will be/is available to serve the proposed LOT and USE, if applicable. A letter from a water district or municipality or a well permit are examples of evidence for domestic use.

12.

A statement explaining that the property has or will have adequate means for the disposal of sewage in compliance with the requirements of the UNDERLYING ZONING DISTRICT and the Department of Public Health and Environment, if applicable. An existing septic system permit or a copy of a letter from a sanitation sewer district indicating existing service or availability of sewage disposal to each proposed LOT are examples of evidence for domestic use.

13.

A Weld County Access Permit.

14.

A Statement of Taxes from the County Treasurer showing no delinquent property taxes for the area referred to in the application materials.

15.

Questionnaire provided by the Department of Planning Services.

C.

Duties of Department of Planning Services and Board of County Commissioners for a CLASS II HOME OCCUPATION zoning permit.

1.

Once a COMPLETE APPLICATION is submitted for a CLASS II HOME OCCUPATION, the Department of Planning Services shall 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-one (21) 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 zoning permit rests with the COUNTY.

2.

The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS within five hundred (500) feet of the subject property notifying them of the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within twenty-one (21) days.

3.

If the Department of Planning Services receives objections from at least thirty (30) percent of those notified within twenty-one (21) days, or if the Department of Planning Services determines the application does not meet all applicable criteria and requirements, the zoning permit shall be denied by the Department of Planning Services.

4.

The Department of Planning Services shall notify the applicant of the objections and the denial of the zoning permit. The Department of Planning Services shall also provide the applicant comments received from REFERRAL agencies. The applicant may appeal in writing to the Department of Planning Services within ten (10) days of receipt of the denial notice. If the applicant does not submit a written appeal within said ten (10) days, the denial shall be final. If appealed, the following process shall be followed:

a.

A public hearing shall be scheduled before the Board of County Commissioners and Clerk to the Board shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior to the hearing.

b.

The Department of Planning Services shall post a sign on the property in question indicating a zoning permit has been requested for the property, the hearing date, and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph.

c.

The Clerk to the Board shall 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.

d.

The Board of County Commissioners shall consider any testimony of owners of surrounding property and REFERRAL agencies concerning the effects of the zoning permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out in this Code.

e.

Following the public hearing, the Board of County Commissioners shall pass a resolution affirming its decision as to whether to approve or deny the zoning permit. The decision of the Board shall be final.

f.

Notice is not required by state statute and is provided as a courtesy to surrounding property owners. 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 permit process even if such error results in the failure of a surrounding property owner to receive such notification.

5.

The approval of the zoning permit may be conditioned or restricted to carry out the intent of this Chapter or to mitigate impacts or address concerns of REFERRAL agencies or neighboring property owners. Conditions of approval shall be met prior to recording the permit/agreement, and restrictions may be enforced by means of conditions in the permit/agreement. If approved, the Department of Planning Services shall prepare a permit/agreement. The permit/agreement shall address all aspects of the application, including but not limited to conditions or restrictions and the standards contained in this Article.

D.

Approval or denial of the zoning permit for a HOME OCCUPATION shall be based on the following criteria:

1.

Compatibility with surrounding area, harmony with the character of the NEIGHBORHOOD and its effects upon the immediate area.

2.

The proposal is consistent with the policies and goals of Chapter 22 of this Code.

3.

Availability of adequate water and sewage disposal facilities.

4.

The HOME OCCUPATION shall not create any negative impacts to the public health, safety and general welfare of the neighboring property owners, such as little or no offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash accumulation, heat, glare or electrical interference, or other hazard or nuisance noticeable off the LOT.

5.

The proposal is consistent with the definition in Section 23-1-90 of this Chapter.

6.

Reserved.

7.

The proposed zoning permit complies with this Division 13 of this Article.

8.

An access is or can be made available that provides for safe ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance with the access requirements set forth in this Code.

E.

A zoning permit for a HOME OCCUPATION shall not be transferable by the applicant and/or owner to any successor and shall automatically expire upon conveyance or lease of the property.

F.

A CLASS I HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of the DWELLING UNIT. A CLASS II HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of the DWELLING UNIT plus no more than two (2) external employees.

G.

There shall only be incidental sales of stocks, supplies or products conducted on the premises.

H.

A CLASS I HOME OCCUPATION shall not be accessible by the public, other than for a FAMILY CHILD CARE HOME. Hours of operation for public access shall be limited to between 7:00 a.m. and 7:00 p.m. for a CLASS II HOME OCCUPATION.

I.

A CLASS II HOME OCCUPATION shall not produce traffic volumes of more than sixteen (16) average daily trips (eight (8) round trips), excluding the traffic produced by the DWELLING UNIT.

J.

HOME OCCUPATIONS shall be conducted primarily indoors. A HOME OCCUPATION may utilize up to fifty (50) percent of the GROSS FLOOR AREA of a DWELLING UNIT and up to fifty (50) percent of the GROSS FLOOR AREA of ACCESSORY BUILDINGS on the property.

K.

There shall be no OUTDOOR STORAGE, display or sales of materials, goods, supplies or equipment related to the operation of such HOME OCCUPATION, nor of any highly explosive or combustible materials.

(Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2011-3; Weld County Code Ordinance 2013-15; Weld County Code Ordinance 2016-5; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-09; Weld County Code Ordinance 2021-16; Weld County Code Ordinance 2023-03)

A.

The staff, Planning Commission and Board of County Commissioners shall consider the following criteria in making their determination in approving or denying a permit for a Solar Energy Facility (SEF) addition to those criteria enumerated in Chapter 23, Article II, Division 4.

B.

Submittal Requirements and Standards. The following submittals and standards are required:

1.

Surface Drainage Analysis. At the time of SEF application submittal, a preliminary drainage report shall be provided for review by the Weld County Department of Public Works pursuant to the requirements of Chapter 8, Article XI of this Code. Prior to applying for a Grading Permit, a final drainage report stamped and signed by a Professional Engineer registered in the State of Colorado is required. Soils shall be planted to and maintained in perennial vegetation to prevent erosion, manage runoff and build soil. Ground-mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS).

2.

Dust and Weed Mitigation Plan. The Dust Mitigation Plan shall be provided at the time of SEF application submittal, which includes a description of those methods by which dust emanating from the proposed SEF and the weeds growing upon the Impacted Area will be mitigated.

3.

Floodplain Mapping. On the map of the base area, or another appropriate map, indicate any floodplain associated with the proposal. Documentation of the historical flooding activity should be included. Detail potential, adverse impacts related to the associated floodplain. (Note: If the SEF location is located within a Special Flood Hazard Area identified by maps officially adopted by Weld County, a Flood Hazard Development Permit (FHDP) is required prior to a building permit. The FHDP is issued by the Weld County Department of Planning Services pursuant to Article XI of this Chapter.)

4.

A Decommissioning/Reclamation Plan. A Decommissioning/Reclamation Plan shall be provided at the time of SEF application submittal which will be signed by the party responsible for decommissioning and the landowner (if different), addressing the following:

a.

Decommissioning/reclamation shall commence within twelve (12) months after power production has permanently ceased and be completed within twelve (12) months from the start date of the decommissioning/reclamation work.

b.

All non-utility owned equipment, conduits, structures, fencing, and foundations to a depth of at least three (3) feet below grade shall be removed.

c.

All fences, graveled areas and access roads shall be removed unless landowner agreement to retain is presented, in writing, in which the property owner agrees for this to remain.

d.

Property shall be restored to a condition reasonably similar to its condition prior to development of the SEF.

e.

The developer or owner of the SEF is responsible for the decommissioning.

f.

Decommissioning/reclamation cost estimates, which shall be updated every five (5) years from the establishment and submittal of the Security, shall include all costs associated with the dismantlement, recycling, and safe disposal of facility components and site reclamation activities, including the following elements:

i.

All labor, equipment, transportation, and disposal costs associated with the removal of all facility components from the facility site;

ii.

All costs associated with full reclamation of the facility site, including removal of non-native soils, fences, and constructed access roads;

iii.

All costs associated with reclamation of any primary agricultural soils at the facility site to ensure each area of direct impact shall be materially similar to the condition it was before construction;

iv.

All decommissioning/reclamation activity management, site supervision, site safety costs;

v.

Any other costs, including administrative costs, associated with the decommissioning and reclamation of the facility site; and

vi.

The estimated date of submission of the Security to Weld County.

g.

Prior to construction, an irrevocable standby letter of credit, bond, or alternate form of Security in an amount sufficient to fund the estimated decommissioning/reclamation costs required by this Code. The Security shall:

i.

Name the Board of County Commissioners of Weld County as the sole beneficiary of the letter of credit;

ii.

Be issued by an A-rated financial institution based upon a rating provided by S&P, Moody's, Fitch, AM Best, or other rating agency with similar credentials;

iii.

Include an automatic extension provision or "evergreen clause"; and

iv.

Be "bankruptcy remote," meaning the Security will be unaffected by the bankruptcy of the SEF operator.

Weld County, in its sole discretion, may approve alternative forms of Security such as, but not limited to: bonds, letters of credit, or other securities, if it finds that such alternative forms will provide an assurance of the availability of financial resources for decommissioning/reclamation that equals or exceeds that provided by the form required herein.

h.

Access to decommissioning/reclamation fund. Weld County shall have the right to draw upon the irrevocable standby letter of credit, or other form of financial security, to pay for decommissioning in the event that the holder has not commenced decommissioning/reclamation activities within ninety (90) days of the Board of County Commissioners' order or resolution directing decommissioning/reclamation.

5.

Statement of Transportation Construction Impacts.

a.

Describe what impacts construction of the project will have upon transportation patterns in the area intended to be served or affected by the proposal.

b.

Describe the potential construction impact on roads within the County.

c.

Identify improvements required to any roads within the County in order to serve the project adequately.

A haul route map and agreement to mitigate construction traffic impacts to the area surrounding the proposed SEF may be required.

C.

Development standards for a SEF.

1.

Height limitation. Ground-mounted solar collectors shall not exceed twenty-five (25) feet in height, measured from the highest grade below each solar panel to the highest extent of the solar panel rotation.

2.

Glare. A SEF shall be designed, located or placed so that concentrated solar glare from its solar collectors will not be directed toward or onto nearby properties or roadways at any time of the day.

3.

Setbacks. The Improved Area of the SEF shall conform to the setback requirements of the underlying zone. Additionally, the improved area must be at least five hundred (500) feet from existing residential buildings and residential lots of a platted subdivision or planned unit development. The residential setback requirement may be reduced if appropriate screening through landscape or an opaque fence is installed, or upon submittal to Weld County of a waiver or informed consent signed by the residence owner agreeing to the lesser setback. If landscaping or opaque fencing is substituted for setback, a landscaping plan or fencing plan shall first be submitted to and approved by the Department of Planning Services.

4.

Dust mitigation. The operators of the SEF shall continuously employ the practices for control of fugitive dust detailed in their dust mitigation plan submitted as required by Subsection B.2., above.

5.

Underground cables. All electrical cables on the improved area shall be buried, except for direct current string wires that connect between solar collectors, direct current collection circuits between rows of solar arrays that are no more than four (4) feet above grade crossings, substations, switchyards, and circuit voltages greater than 34.5 kilovolts (where necessary).

6.

Fencing. The SEF shall be enclosed with a security fence as approved pursuant to a fencing plan submitted to the Department of Planning Services. Appropriate signage shall be placed upon such fencing that warns the public of the high voltage therein.

7.

Stormwater management. The Operator of the SEF shall submit a drainage report to comply with required Storm Drainage Criteria pursuant to Chapter 8, Article XI of this Code. Additional requirements for Municipal Separate Storm Sewer System (MS4) areas may be applicable pursuant to Chapter 8, Article IX of this Code. Ground-mounted solar collector systems shall be exempt from impervious surface calculations if the soil under the collectors is designated hydrologic A or B soil groups by the Natural Resources Conservation Service (NRCS).

8.

Access permit. Prior to construction of the SEF, the applicant shall apply for and obtain an approved Access Permit from the Weld County Department of Public Works, pursuant to the provisions of Article XIV of Chapter 8 of this Code.

9.

Existing irrigation systems. The nature and location or expansion of the SEF must not unreasonably interfere with any irrigation systems on or adjacent to the solar facility.

D.

The SEF applicant must show that all reasonable alternatives to the proposed location 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.

(Weld County Code Ordinance 2015-27; Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2020-20)

Where permitted in Article III of this Chapter, a CARGO CONTAINER shall comply with all applicable provisions of this Code, including, but not limited to, the bulk requirements for the zone district in which it is located, Article XI of this Chapter, Chapter 29 of this Code, and the following provisions:

A.

CARGO CONTAINERS designed and retrofitted for habitation may be connected to wet and dry utilities such as water, sewer and electricity upon issuance of applicable required permits. CARGO CONTAINERS without building permits shall be used solely for storage and shall not be connected to water or sewer or any other utility except electricity. Electrical permits are required for connections to electricity service.

B.

A CARGO CONTAINER shall not be allowed to fall into a state of disrepair. Such disrepair may include a CARGO CONTAINER that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such CARGO CONTAINER shall be restored to, and maintained in, the original condition it was in at the time it was placed on the site, or it shall be removed from the site.

C.

CARGO CONTAINERS outside of Industrial (I-2 and I-3) zone districts shall not be stacked on top of each other unless incorporated into a STRUCTURE with a building permit in conformance with Chapter 29 of this Code. CARGO CONTAINERS in Industrial (I-2 and I-3) zone districts shall not be stacked more than three (3) containers high.

D.

A CARGO CONTAINER shall not be used in any manner to display a SIGN.

(Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2019-18; Weld County Code Ordinance 2021-09; Weld County Code Ordinance 2023-06; Weld County Code Ordinance 2024-04)

A.

A zoning permit for USES listed in Article III of this Chapter as requiring issuance of a zoning permit under this Division 17 may be approved if the USE complies with the criteria herein. The Board of County Commissioners delegates the authority and responsibility for processing and approving these zoning permits to the Department of Planning Services as long as the application meets the criteria of this section and any other applicable requirements within this Chapter 23. If the Director of Planning Services determines the application does not provide sufficient evidence showing the standards set forth in this Division 17 will be met, he or she will forward the application to the Board of County Commissioners for its review and consideration following a public hearing. Criteria for approval include:

1.

The subject property is a LEGAL LOT.

2.

The application complies or will comply with the design standards in Section 23-4-1205 and the conditions in Section 23-4-1240 below.

3.

The proposed USE is compatible with applicable provisions of Chapter 22 of this Code.

4.

The proposed USE is compatible with the character of the NEIGHBORHOOD.

5.

The proposed USE is compatible with the general health, safety and welfare of the inhabitants of the area and the COUNTY.

6.

The application complies with any requirements the Director of Planning Services deems necessary in order to mitigate adverse effects of the USE on the NEIGHBORHOOD.

7.

The proposed USE has adequate access and STREET/ROAD or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed USE.

8.

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

a.

If the proposed USE is located within any OVERLAY ZONING DISTRICT or SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY, the applicant shall demonstrate compliance with the COUNTY regulations concerning OVERLAY ZONING DISTRICTS and SPECIAL FLOOD HAZARD AREAS.

b.

The proposed USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT shall not interfere with the present or future extraction of such deposit by an EXTRACTOR to any greater extent than under the present USE of the property.

B.

A preapplication conference with the Department of Planning Services may be required.

C.

If approved, the Zoning Permit Plan shall be recorded by the Department of Planning Services prior to commencement of the USE or construction. All Zoning Permit Plans shall be digitized with electronic signatures and seals or shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services with original signatures and seals in permanent black ink. The applicant shall pay the recording fee. If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners, which may revoke the zoning permit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90) 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 Services. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application denied.

D.

The Zoning Permit Plan shall include the entire LOT(S) upon which the USE(S) will be located. A Zoning Permit Plan, once recorded, replaces any previously recorded Zoning Permit Plan for the subject property.

E.

Any use allowed by a Zoning Permit for Certain Uses in the Agricultural Zone District 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 Article II, Division 4 of this Chapter.

(Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2020-11; Weld County Code Ordinance 2021-09)

The applicant shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT:

A.

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

B.

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

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, the applicant has demonstrated how such limitations can and will be mitigated.

D.

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

E.

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

F.

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.

G.

USES shall comply with all the bulk requirements of Section 23-3-70.

H.

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.

I.

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

J.

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.

K.

USES shall be located on the least prime soils on the LOT unless the applicant can demonstrate why such a location would be impractical or infeasible.

L.

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

M.

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 Code Ordinance 2020-11; Weld County Code Ordinance 2021-16)

The applicant shall demonstrate conformance with the following operation standards in the zoning permit application to the extent that the standards affect location, layout and design of the USE prior to construction and operation. Once operational, the operation of the USE 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 (5) degrees 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.

Up to nine (9) COMMERCIAL VEHICLES associated with the zoning permit USE shall be allowed to be parked on-site, unless otherwise approved by the Board of County Commissioners.

(Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2020-11)

The following shall be submitted as a part of a zoning permit application:

A.

An application on a form supplied by the Department of Planning Services. The application shall include the following:

1.

Parcel number(s) of the subject property.

2.

The name, address, email and telephone number of the applicant and property owner, if different from the applicant.

3.

Signature of the applicant. If the applicant is not the owner of the property, an authorization letter signed by the property owner shall be included.

B.

A summary statement of the project including, as applicable:

1.

A description of the proposed USE.

2.

Proposed hours of operation.

3.

The number of employees associated with the USE, and whether they are residents of the property.

4.

Anticipated traffic.

5.

A description of anticipated public events, if any, including anticipated number of attendees.

C.

A Zoning Permit Plan of the property, a draft of which shall be submitted in electronic (.pdf) format and if approved shall be submitted on Mylar or other drafting media approved by the Department of Planning Services. The Zoning Permit Plan shall include, as applicable:

1.

Existing and proposed STRUCTURES, excluding SIGNS, and their dimensions and approximate distances to the nearest property lines. All STRUCTURES to be used in conjunction with the zoning permit shall meet current SETBACKS and OFFSETS.

2.

Existing access.

3.

Existing and proposed parking areas, including surface material, number, and dimensions of spaces and drive aisles.

4.

Existing and proposed landscaping and SCREENING.

5.

Other existing and proposed improvements.

6.

The Zoning Permit Plan shall bear the following certifications:

a.

Property owner's certificate, which shall be notarized in accordance with the Revised Uniform Law on Notarial Acts, C.R.S. § 24-21-501, et seq.:

I, the undersigned, certify that the uses, buildings and structures located on this Zoning Permit Plan 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

b.

Department of Planning Services' Administrative Review Certificate, which shall be notarized in accordance with the Revised Uniform Law on Notarial Acts, C.R.S. § 24-21-501, et seq.:

This Zoning Permit Plan is accepted and approved for filing.

_________________________
Director of Planning Services

D.

Evidence that a water supply of sufficient quality, quantity and dependability is or will be available to serve the proposed USE, if applicable. A letter, permit, or bill from a water district, municipality, or the Division of Water Resources are examples of evidence.

E.

Evidence that adequate means for the disposal of sewage for the proposed USE is or will be available in compliance with the requirements of the zone district and the Department of Public Health and Environment, if applicable.

F.

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

G.

A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of LOTS 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.

A Statement of Taxes from the County Treasurer showing no delinquent property taxes for the property under consideration.

I.

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

J.

The application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a 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.

K.

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

L.

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

(Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2020-11; Weld County Code Ordinance 2021-09; Weld County Code Ordinance 2021-16)

A.

Once an application that is subject of this Division 17 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-one (21) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations. The authority and responsibility for approval and denial of a zoning permit rests with the Department of Planning Services.

B.

The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS within five hundred (500) feet of the subject property notifying them of the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within twenty-one (21) days.

C.

Within sixty (60) days of receiving a COMPLETE APPLICATION, the Department of Planning Services shall provide a written report to the applicant and provide the applicant comments received from REFERRAL agencies and any objections received from the property owners notified. The applicant shall be given the opportunity to revise the application to address the concerns raised. If the Director of Planning Services is satisfied with the applicant's efforts to address all concerns, the Director of Planning Services may approve the zoning permit. If the applicant is unwilling or unable to address all concerns to the satisfaction of the Director of Planning Services, the Director of Planning Services shall schedule a public hearing before the Board of County Commissioners for its review and decision following a public hearing.

1.

If scheduled for a public hearing before the Board of County Commissioners, the Clerk to the Board shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior to the hearing.

2.

The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date, and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph.

3.

The Clerk to the Board shall 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.

4.

The Board of County Commissioners shall hold a public hearing and consider testimony of owners of surrounding property and REFERRAL agencies concerning the effects of the zoning permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out in this Code.

5.

Following the public hearing, the Board of County Commissioners shall adopt a resolution affirming its decision as to whether to approve or deny the zoning permit. The decision of the Board shall be final.

6.

Notice is not required by state statute and is provided as a courtesy to surrounding property owners. 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 permit process even if such error results in the failure of a surrounding property owner to receive such notification.

(Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2021-09)

A.

USES approved through this Division 17 shall also be subject to additional requirements contained in Article V of this Chapter as applicable.

B.

No USE permitted by zoning permit shall create any unreasonable adverse impacts to the public health, safety and general welfare of the owners of ADJACENT LOTS, such as offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash accumulation, heat, glare, electrical interference, or other hazard or nuisance noticeable beyond the subject property's boundaries.

C.

The property owner shall maintain compliance with all applicable local, state and federal regulations.

D.

The Department of Planning Services may place conditions on the issuance of the zoning permit to ensure compliance with applicable provisions of this Code or to mitigate negative impacts of the proposed USE.

E.

Construction or USE pursuant to issuance of a zoning permit shall be commenced within three (3) years from the date of approval of the permit. A one-time extension of one hundred twenty (120) days may be granted by the Department of Planning Services for good cause shown by written request. 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 Services. If the Board of County Commissioners denies the extension or if construction has not commenced by the date specified by the Board, the zoning permit approval shall be voided, and the application denied.

F.

Any zoning permit may be revoked by the Board of County Commissioners for VIOLATION of any of the terms of this Division 17 or conditions of approval of the zoning permit following a Probable Cause Hearing as outlined in Section 2-4-40 of this Code. If the zoning permit is revoked, the property owner shall cease operation of the USE immediately. Continued operation of the USE after a zoning permit has been revoked shall be a VIOLATION of this Code.

G.

The Director of Planning Services may revoke a zoning permit if the USE is discontinued for a period of three (3) consecutive years. Should the Department of Planning Services observe or receive credible evidence of such a discontinuance, the Department shall notify the property owner by first-class mail. If the property owner objects to the revocation of the zoning permit within thirty (30) days, the Director of Planning Services may schedule a public hearing before the Board of County Commissioners for its review and decision. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing.

H.

The Department of Planning Services may permit minor amendments to an approved zoning permit without a complete application for a new zoning permit, notification to surrounding property owners, or REFERRAL to agencies. The applicant shall provide a written summary of the proposed amendment(s) and any other documentation required by the Department of Planning Services. An increase of ten (10) percent or more in impervious surface area or an increase of ten (10) percent or more in traffic shall not be considered a minor amendment. If the Director of Planning Services determines the proposed amendment does not qualify as a minor amendment, the proposed amendment shall require a new zoning permit.

I.

Any USE listed in Article III of this Chapter as requiring issuance of a zoning permit under this Division 17, but which was in lawful existence at the time of adoption of this Division 17, may continue without obtaining a zoning permit so long as the USE is not discontinued for a period of three (3) consecutive years. The Department of Planning Services may permit minor amendments to such USE in accordance with the preceding Subsection. A minor amendment to an existing approved Use by Special Review for a USE that now requires a zoning permit under this Division 17 shall be processed in accordance with Section 23-2-285 of this Chapter. If the Director of Planning Services determines the proposed amendment does not qualify as a minor amendment, the proposed amendment shall require a zoning permit. If approved, vacation of the Use by Special Review may be a condition of approval of the zoning permit.

(Weld County Code Ordinance 2019-02; Weld County Code Ordinance 2020-11)

It is the purpose and intent of this Division to:

A.

Provide for the USE of a PROPERTY for LIMITED EVENTS in all Zone Districts of unincorporated Weld County other than the R (Residential) Zone Districts, the E (Estate) Zone District, or PLANNED UNIT DEVELOPMENTS with R or E uses.

B.

Provide for the orderly control of LIMITED EVENTS by establishing appropriate permit requirements and regulations.

C.

Ensure that the organizer, promoter, or sponsor of a LIMITED EVENT is aware of any circumstances that may have an impact on the success of its event.

D.

Minimize any significant adverse effects of a LIMITED EVENT on ADJACENT and nearby PROPERTY owners, residents, and businesses, or which would impact the prevailing site conditions, traffic and circulation patterns, land USE characteristics, or the nature of the NEIGHBORHOOD.

(Weld County Code Ordinance 2023-09)

PROPERTY: In addition to the definition of PROPERTY stated in Section 23-1-90 of this Chapter 23, PROPERTY for the purposes of this Division shall refer to the parcel, tract, location, or site where the proposed LIMITED EVENT will occur.

LIMITED EVENT: The USE of land, BUILDINGS, or STRUCTURES for a gathering of more than thirty (30) members of the public who buy tickets or otherwise pay to be in attendance on a fee, donation, contract, or barter basis, or where land, BUILDINGS, or STRUCTURES are rented for such gathering, for any purpose. LIMITED EVENTS shall not include rodeos or racing events.

(Weld County Code Ordinance 2023-09)

Unless excepted pursuant to Section 23-4-1280 below, a LIMITED EVENT permit shall be required for any LIMITED EVENT on a PROPERTY where it is anticipated that the overall attendance for an anticipated gathering will exceed thirty (30) persons. A LIMITED EVENT permit shall allow the gathering of only the maximum number of people stated in the permit. The person obtaining such permit shall not sell tickets to, nor permit the gathering of, more than the number of persons stated in the LIMITED EVENT permit.

(Weld County Code Ordinance 2023-09)

This Division shall not apply to:

A.

Gatherings on a PROPERTY that has proper zoning to allow such gatherings or has received and is subject to an existing land use permit issued pursuant to the provisions of this Chapter 23 that limits the type and/or nature of gatherings to be held on the PROPERTY, including, but not limited to, approved EVENT FACILITIES, rodeos, RACING FACILITIES, AGRITAINMENT facilities, and TEMPORARY seasonal USES.

B.

Gatherings at any regularly established, permanent CHURCH, RESTAURANT, BREW PUB, BREWERY, DISTILLERY, WINERY, stadium, athletic field, arena, auditorium, fairgrounds, coliseum, park, CAMPGROUND, sale or auction of agricultural lands or personal PROPERTY, polling places for General or Special Elections, or other similarly established place of gathering, provided that said places have the proper zoning to allow such USE and are being used for the established and normal USE thereof and attendance does not exceed by more than thirty (30) persons the maximum seating capacity of the STRUCTURE where the gathering is held.

(Weld County Code Ordinance 2023-09)

A.

Each LIMITED EVENT shall be limited to no more than three (3) consecutive days.

B.

There shall be no more than one (1) LIMITED EVENT allowed on a PROPERTY in a calendar month, and no more than four (4) LIMITED EVENTS in any calendar year.

C.

Each LIMITED EVENT shall be applied for separately.

D.

Prior to the hearing described in Section 23-18-80, the applicant shall attempt to contact owners of property within five hundred (500) feet of the subject property and/or conduct a NEIGHBORHOOD meeting with neighboring LANDOWNERS to encourage communication regarding the proposed LIMITED EVENT.

(Weld County Code Ordinance 2023-09)

A COMPLETE APPLICATION on a form provided by the Department of Planning Services ("Planning Department") and application fee for a LIMITED EVENT permit shall be submitted to the Planning Department at least thirty (30) days in advance of the date of the event. The application shall be signed by the owner of the PROPERTY or his or her legal authorized agent.

(Weld County Code Ordinance 2023-09)

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

A.

Refer the application to the departments, agencies, local governments, or other entities determined by the Planning Department to have a connection to or stake in the LIMITED EVENT. The failure of any REFERRAL entity to respond within ten (10) 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 LIMITED EVENT. The 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 entity are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for a LIMITED EVENT rests with the Board of County Commissioners.

B.

Prepare staff comments for use by the Board of County Commissioners addressing all aspects of the application for the LIMITED EVENT, including, but not limited to, its conformance with provisions of this Division and any other applicable Code provisions or ordinances in effect, comments received from entities to which the proposal was referred, and the Performance Standards set forth in Section 23-4-1330, below. Specifically, such comments shall address:

1.

Whether the applicant has demonstrated that the LIMITED EVENT is compatible with existing and allowed land USES in the NEIGHBORHOOD.

2.

Whether the applicant has demonstrated that the LIMITED EVENT will comply with all applicable requirements of this Division and this Code.

3.

Whether the applicant has demonstrated that the LIMITED EVENT will result in no substantial adverse impact to other land USES and/or residences in the NEIGHBORHOOD, including environmentally sensitive areas or features or other lands.

4.

The degree to which the proposed LIMITED EVENT will, through compliance with the Performance Standards, preserve the health, safety, and welfare of the public and surrounding PROPERTIES, residences, and other neighboring land USES.

C.

Coordinate with the Clerk to the Board's office to schedule a Board of County Commissioners hearing date. Such hearing shall be held at a regularly scheduled public Board meeting.

D.

Give notice of the application and the public hearing date to owners of land located within five hundred (500) feet of the PROPERTY. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled Board of County Commissioner hearing. Inadvertent errors by the Planning Department 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 LANDOWNER to receive such notification.

E.

Provide a sign to be posted by the applicant on the PROPERTY. 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 of permitted access to the PROPERTY. The sign shall be posted at least ten (10) days prior to the Board of County Commissioners hearing and evidenced with a photograph. The sign will include the following information:

1.

LIMITED EVENT permit number.

2.

Date, place, and time of the Board of County Commissioners hearing.

3.

Phone number of the Planning Department where additional information may be obtained.

4.

Applicant's name.

5.

Size of the PROPERTY.

6.

Specific information about the LIMITED EVENT, including date(s) and purpose.

F.

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

(Weld County Code Ordinance 2023-09)

A.

The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon.

B.

In acting on the application, the Board of County Commissioners shall consider all evidence, whether presented orally or in writing, and may act by resolution.

C.

To approve a LIMITED EVENT permit, the Board of County Commissioners shall consider the following review criteria and find that each criterion has been met or determined to be inapplicable:

1.

The applicant has demonstrated that the LIMITED EVENT is compatible with existing and allowed land USES in the NEIGHBORHOOD.

2.

The applicant has demonstrated that the LIMITED EVENT will comply with all applicable requirements of this Division and this Code.

3.

The applicant has demonstrated that the LIMITED EVENT will result in no substantial adverse impact to other land USES and/or residences in the NEIGHBORHOOD, including environmentally sensitive areas or features or other lands.

4.

The applicant has demonstrated that the LIMITED EVENT has addressed the recommendations of the REFERRAL entities.

D.

If approved, the Board of County Commissioners will issue the permit with conditions deemed necessary to minimize potential adverse impacts and meet the intent and purpose of this Division and any other applicable provisions of this Code. In no event shall the permit be issued prior to the furnishing of the guarantee required by Section 23-4-1330.R and the furnishing of evidence of insurance as required by Section 23-4-1330.S, below.

(Weld County Code Ordinance 2023-09)

LIMITED EVENTS are required to comply with the following Performance Standards. Specific additional requirements may apply to a specific LIMITED EVENT as determined by the Board of County Commissioners based on the location and type of event, and after consultation with the Planning Department, the Weld County Sheriff ("Sheriff"), the Weld County Department of Public Health and Environment ("Health Department"), the applicable fire district, and any other REFERRAL entity whose consideration the Board of County Commissioners deems essential to a full and complete assessment. All applicable Performance Standards shall be specified in the conditions of the permit, if approved, and may include the following:

A.

An adequate and safe supply of potable water meeting requirements set forth by the Colorado Department of Public Health and Environment.

B.

Toilets conveniently located throughout the PROPERTY, sufficient to provide healthful facilities for the maximum number of people in attendance, and meeting all state and local specifications, as determined by the Weld County Department of Public Health and Environment.

C.

A sanitary method of disposing of solid or liquid waste, in compliance with state and local laws and regulations, sufficient to dispose of the waste production of the maximum number of persons allowed to attend the LIMITED EVENT. The applicant shall comply with its plan for holding and collecting such waste at least once each day of the event. The plan shall provide for trash cans, dispersed throughout the PROPERTY, sufficient to prevent solid wastes from escaping the PROPERTY. The plan must call for sufficient personnel to perform such tasks and collecting any wastes that do escape, and within forty-eight (48) hours of cessation of the LIMITED EVENT, the PROPERTY shall be returned to its previous condition, including removal of all BUILDINGS and STRUCTURES, trash, debris, signage, attention-attracting devices, or other evidence of the LIMITED EVENT.

D.

Two (2) certified emergency medical technicians and one (1) emergency ambulance for LIMITED EVENTS with more than five hundred (500) persons. One additional certified medical technician provided for every additional five hundred (500) persons. An enclosed structure where treatment may be rendered.

E.

A licensed practical nurse or registered nurse, licensed to practice in the state, provided for LIMITED EVENTS with more than one thousand (1,000) persons. One (1) additional nurse provided for every additional one thousand (1,000) persons.

F.

If the LIMITED EVENT is to occur during hours of darkness, illumination sufficient to light parking and pedestrian areas shall be provided at the rate of at least five (5) foot-candles. No illumination shall be allowed to shine or reflect unreasonably beyond the boundaries of the PROPERTY.

G.

No LIMITED EVENT shall extend past 12:00 a.m.

H.

No overnight CAMPING is allowed either before or after the LIMITED EVENT.

I.

There shall be a parking area, either on-site or off-site, sufficient to provide parking space for the maximum number of persons allowed at any limited time to attend the LIMITED EVENT. At least one (1) parking space measuring at least nine (9) feet in width shall be provided for every four (4) attendees. If any parking is to be provided off-site, authorization from the property owner shall be required. The applicant shall provide a description of the surface material of the parking areas.

J.

There shall be a traffic circulation system sufficient to allow safe and efficient traffic and pedestrian circulation for the maximum number of attendees allowed at any limited time. The flow of traffic on roads shall not be blocked or hindered, and no cars, buses, or bicycles shall be allowed to park along the side of or in any public road right-of-way. The applicant shall provide a plan for handling traffic in conformance with the Manual on Uniform Traffic Control Devices and the Colorado Supplement.

K.

Access to and from the PROPERTY shall be limited to access approved pursuant to provisions of Chapter 8 of this Code. Where an existing access shared with other property owners or lessees is to be used, authorization of each of the owners or lessees entitled to use the access shall be required.

L.

The applicant must provide adequate facilities for communication with emergency medical, police, and fire services.

M.

The applicant must provide security which, as determined by the Sheriff, is adequate to control any disturbances which might occur at the LIMITED EVENT.

N.

The applicant shall comply with all requirements of the fire protection district.

O.

The applicant shall ensure that sounds from the LIMITED EVENT do not exceed the residential noise limits or carry unreasonably beyond the boundaries of the PROPERTY. Sound created by the LIMITED EVENT which exceeds any limitations set by the Weld County Noise Ordinance (Article IX, Chapter 14 of this Code) shall be presumed to be unreasonable.

P.

The applicant must provide for appropriate on-site dust mitigation.

Q.

Food service operations shall comply with the Colorado Retail Food Establishment Rules and Regulations.

R.

Guarantees in the form of an irrevocable letter of credit, bond, or cash retainer in the amount of three thousand dollars ($3,000.00) may be required to cover the cost of any required clean-up and restoration following the LIMITED EVENT where the maximum number of attendees is more than two hundred fifty (250), or five hundred dollars ($500.00) for any event where the maximum number of attendees is more than one hundred (100) but less than two hundred fifty (250). Any letter of credit or bond must be irrevocable for a period of thirty (30) days after the completion of the event. The letter of credit, bond, or cash retainer will be released by the County as soon as possible after the event, after determination that the site has been adequately cleaned up and restored from any impacts of the event, but no later than thirty (30) days following the event.

S.

Insurance in an amount determined to be adequate and reasonable in light of the risks and hazards relating to the LIMITED EVENT but no less than five hundred thousand dollars ($500,000.00). Such Certificate of Insurance shall include the County of Weld, by and through its Board of County Commissioners, its elected officials, and employees, as Additional Named Insureds.

T.

LIMITED EVENTS must occur or operate in compliance with the provisions of this Division and all applicable provisions and regulations of Weld County and applicable state and federal statutes and regulations.

U.

If electrical systems are not self-supporting, electrical systems installation and maintenance must comply with minimum county and state electrical standards.

V.

The issuance of a LIMITED EVENT permit shall not relieve the landowner or applicant of the responsibility for securing other permits or approvals required by Weld County, the applicable fire district, or other applicable public agency.

W.

Any other condition deemed necessary by the Board of County Commissioners to preserve the health, safety, and welfare of the public and surrounding PROPERTIES, residences, and other neighboring land USES.

(Weld County Code Ordinance 2023-09)

The employees of the Weld County Sheriff's Office, the Planning Department, and/or Health Department may enter the PROPERTY from time-to-time during the LIMITED EVENT to inspect and ensure compliance with the LIMITED EVENT permit Performance Standards and to enforce the provisions of this Division. The LIMITED EVENT permit must be available for inspection on the PROPERTY at all times during the LIMITED EVENT.

(Weld County Code Ordinance 2023-09)

A.

A LIMITED EVENT permit may be suspended or revoked by the Board of County Commissioners at any time if any of the Performance Standards required of the permit are not complied with, or for violation of any provision of this Section or any other applicable law, rule, or regulation, for violation of the specific permit conditions, or for any misrepresentation by the applicant, his or her agents or employees, or independent contractors under contract with the applicant. Upon revocation, the guarantee may also be forfeited. By signing the application, the applicant agrees that employees of the Sheriff's Office, the Planning Department, and/or Health Department may enter the PROPERTY and cause the LIMITED EVENT to be stopped upon suspension or revocation of the LIMITED EVENT permit.

B.

Violations of this Division will be enforced by the Weld County Sheriff and/or through the enforcement procedures set forth in Article X of this Chapter 23.

(Weld County Code Ordinance 2023-09)

All LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE shall comply with all of the following provisions:

A.

No LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE shall operate within the unincorporated area of Weld County without a valid natural medicine license from the State of Colorado Department of Revenue.

B.

No LICENSED PREMISES PURSUANT TO THE COLORADO NATURAL MEDICINE CODE shall be established within one thousand (1,000) feet of a state-licensed CHILD CARE CENTER; a state-licensed preschool; a public, independent, or parochial school which satisfies the compulsory school attendance requirements appearing in the School Attendance Law of 1963, Title 22, Article 33, C.R.S.; a state-licensed FAMILY CHILD CARE HOME; a HOSPITAL; a CHURCH; an alcohol or drug treatment facility; a campus of a college, university, or seminary; a state-licensed assisted living residence, as referred to in C.R.S. Section 25-27-102(1.3); or a state-licensed nursing home facility, as referred to in C.R.S. Section 12-265-103(4). Such distance shall be measured from the nearest property line of the land used for a school or facility to the nearest portion of the BUILDING in which natural medicine services are provided, using a route of direct pedestrian access.

(Weld County Code Ordinance 2024-18)