(a)

Special requirements apply to uses that may be permitted in certain zone districts but must meet the requirements enumerated in this Article.

(b)

Special requirements also provide design flexibility in certain instances.

(Ord. 667 §1, 2011)

(a)

Purpose and Intent. The purpose and intent of this Section is to permit an administratively uncomplicated method for cluster development, to promote imaginative, well-designed subdivisions which preserve open space, respect physical qualities of the land and reduce overall development costs of a subdivision. More specifically, this development option is intended to permit cluster development, which will:

(1)

Result in improved living and working environments;

(2)

Allow for flexibility in design and maximum effective density, in exchange for increased preservation of open space to serve recreational, scenic and public service purposes, within the densities established by the zoning district;

(3)

Promote more economically efficient subdivision layout by reducing street lengths, utility installations and energy savings in street and utility line maintenance and garbage collection;

(4)

Encourage ingenuity in subdivision design to promote a variety of housing types;

(5)

Establish criteria for identifying those parcels of land and/or sites in the Town which are eligible for cluster design;

(6)

Ensure that approval of residential cluster development is granted only if the subject parcel is large enough to make innovative and creative site planning possible;

(7)

Ensure applicants for residential cluster development have professional capability to produce a creative plan;

(8)

Ensure the public interest in achieving goals stated in the Comprehensive Plan will be better served by the residential cluster development than the application of conventional zoning and subdivision regulations;

(9)

Ensure that the advantages to land owners afforded by the residential cluster development will be balanced by public benefits; and

(10)

Ensure that the dwelling units/structures are concentrated on the most buildable portion of a parcel, so that natural drainage systems, open space and other significant natural features that help control runoff and soil erosion are preserved.

(b)

Use and Density Requirements. Every residential cluster development shall conform to the use and density requirements set forth in the underlying zone district.

(c)

Lot Size. Any new residential subdivision may undertake a residential cluster development. When applied, the lot size may be reduced from the general lot size of the underlying zone district, to a specific minimum lot size for cluster development.

(d)

Dimensional Requirements. Modification and variation of yard and lot dimensional requirements may be permitted.

(1)

Minimum lot area. Lots may be reduced in areas below the minimum lot size required by the underlying zone district, provided that the average lot size of the total lots created within the subdivision is not below the minimum lot size required by the underlying zone district. Open space shall not be included in the total gross average used for determining the average lot size;

(2)

Yard requirements. The minimum yard requirements established by the underlying zone district may be reduced upon finding by the Town that the applicant has satisfactorily justified all requested yard modifications. Front yards shall have a minimum depth of eighteen (18) feet. Front yards shall be staggered to provide a maximum variety in the size of such yards;

(3)

Lot frontage. The minimum lot frontage established by the underlying zone district may be reduced as determined appropriate; and

(4)

Lot coverage. The maximum lot coverage ratio for any lot of record shall not exceed eighty percent (80%).

(e)

Eligibility Criteria. A residential cluster development must meet all of the following eligibility criteria:

(1)

Land ownership. The applicant owns or controls the land subject to the application.

(2)

Development team. An appropriate development team of design professionals (i.e., architect, landscape architect/planner, civil engineer, soils engineer, drainage engineer, etc.) has been retained by the applicant.

(3)

Phased development. All proposed phased development shall be accompanied by a schedule establishing approximate dates when each phase will be complete. Each phase of the development shall include its pro rata share of total planned common open space, facilities and services, as applicable. Amenities serving the entire development may be required to be constructed in the earliest phase of the development.

(4)

Provisions, operation and maintenance of common areas. Where common areas or facilities are proposed, an operation and maintenance program shall be prepared, administered and enforced through approved covenants, conditions and restrictions.

(5)

Development agreements.

(6)

Subdivision plat required. A request for a cluster development must be accompanied by a subdivision plat, which meets the requirements set forth in Chapter 17.

(f)

Location. Cluster development may occur in the Agricultural/Holding (A-H), Environmentally Constrained Residential/Recreation (ECRR), Residential Estate (RE), Low Density Residential (R-1) and Multi-Family (MF) Districts.

(g)

Open Space. The amount of open space required for a cluster development shall be equal to the amount that is equivalent to the total reduction in lot size for all lots in development. Open space shall not include areas devoted to public or private streets. Any land, conveyed to a public agency (i.e., schools, or other public facilities) is not considered open space. The open space shall be protected by legal arrangements, satisfactory to the Town, sufficient to assure its maintenance and preservation for the purpose intended

(h)

Utilities. Cluster developments shall be served by utilities in accordance with Chapter 13.

(i)

Streets. Streets shall be designed in accordance with the Town's adopted street standards.

(j)

Findings. Before recommending approval or approving any residential cluster development, the Planning Commission and Board of Trustees shall make the following findings:

(1)

That the cluster development is consistent with the purpose, intent and criteria set forth in this Section;

(2)

That the cluster development is in harmony with the Comprehensive Plan, Chapter 17 and this Chapter;

(3)

That the cluster development is compatible with the surrounding areas and that the project will not result in undue adverse effects upon adjacent property, the character of the neighborhood, traffic conditions, parking or utility facilities;

(4)

That the amenity level of the development and the amount of open space provided is greater than what would have been required under conventional zoning regulations;

(5)

That the usability of cluster open space intended for recreation or public use is easily accessible to pedestrians, and is suitable for the intended purposes;

(6)

That the residential cluster development creates a desirable and stable environment and makes possible an innovative and efficient use of the property;

(7)

That the proposed development will not result in the destruction, loss or damage of any natural scenic or historic feature of significant importance to the community;

(8)

That individual lots, buildings, units and parking areas are situated to avoid, where possible, adverse effects of shadows, noise and traffic on the residents of the site;

(9)

That the existing and proposed streets are suitable and adequate to carry anticipated traffic within the residential cluster development and in the vicinity of the residential cluster development;

(10)

That the existing and proposed utility services are adequate for the residential cluster development; and

(11)

That the residential cluster development substantially reduces the flood risk in areas that are prone to flooding.

(k)

Maintenance of Open Space and Common Areas. All open space and common areas are subject to the same maintenance provisions found in Subsection 16-2-160(g) of this Chapter.

(Ord. 667 §1, 2011; Ord. 744, 5-16-2017)

(a)

Intent. To minimize the adverse land use impacts caused by the undesirable secondary effects of adult entertainment establishments, restricting adult entertainment establishments to agriculturally zoned areas and imposing development standards can legitimately regulate such establishments by delineating zones where adult entertainment establishments are segregated from other uses and established neighborhoods.

(b)

All adult entertainment establishments shall be subject to the following standards:

(1)

Adult entertainment establishments are allowed as a conditional review use in the Agricultural/Holding Zone District and must be connected to municipal utilities pursuant to Chapter 13 of this Code.

(2)

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

(3)

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

(4)

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

(c)

Measurement. The one thousand (1,000) foot separation measurement shall be made in a straight line without regard to intervening structure or object from the nearest property line of the proposed adult entertainment business establishment to the nearest property of another proposed adult-oriented business, residential property, church, park or educational institution. Public streets, sidewalks, driveways, easements and other public rights-of-way shall be included in measuring the distances prescribed in this Section.

(d)

Adult Entertainment License. It shall be unlawful for any person, association, partnership or corporation to operate, engage in, conduct or carry on, in or upon any premises within the Town, an adult entertainment establishment as defined in this Chapter without first procuring an annual license to do so. The issuance of such an annual license shall not be deemed to authorize, condone or make legal any activity thereunder if the same is deemed illegal or unlawful under the laws of the State or the United States. No annual license for an adult entertainment establishment shall be issued by the Town if the premises to be used also holds a license to sell alcoholic beverages or malt beverages and wine for consumption on the premises. Any premises licensed as an adult entertainment establishment shall not be eligible to apply at any time for a license to sell alcoholic beverages or malt beverages and wine for consumption on the premises.

(e)

License Fee. There shall be an initial license fee for each adult entertainment establishment as established in Appendix A, which shall be due and payable to the Town upon the granting of an adult entertainment establishment license. There shall also be an annual regulatory fee for each adult entertainment establishment licensed within the Town as set forth in Appendix A. The annual regulatory fee must be paid to the Town no later than November 30 of the year preceding the year for which the renewal is to be effective. In any event, no adult entertainment establishment license or renewal thereof shall be issued until the most recent annual regulatory fee has been paid. All licenses granted hereunder shall expire on December 31 of each year. Licensees who desire to renew their license shall file an application with the Town Manager on the form provided for renewal of the license for the ensuing year. Applications for renewal must be filed before November 30 of each year. Any renewal application received after November 30 shall pay, in addition to said annual regulatory fee, a late charge of twenty percent (20%). If a license renewal application is received after January 1, such application shall be treated as an initial application and the applicant shall be required to comply with all rules and regulations for the granting of licenses as if no previous license had been held. If a license application is received after January 1, investigative and administrative costs as set forth in Section 16-1-100 will apply. All licenses granted hereunder shall be for the calendar year and the full annual regulatory fee must be paid for a license renewal application filed prior to July 1 of the license year. One-half (½) of a full annual regulatory fee shall be paid for a license renewal application filed after July 1 of the license year. Any person renewing any license issued hereunder who shall pay the annual regulatory fee, or any portion thereof, after January 1, shall, in addition to said annual regulatory fee and late charges, pay simple interest on the delinquent balance as set forth in Appendix A.

(f)

License Nontransferable. No adult entertainment establishment license may be sold, transferred or assigned by any licensee, or by operation of law, to any other person, persons or entity. Any such sale, transfer or assignment or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of such license, and such license shall thereafter be null and void; provided and excepting, however, that if the licensee is a partnership and one (1) or more of the partners should die, one (1) or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such license; and in such case, the permit upon notification to the Town, shall be placed in the name of the surviving partner. An adult entertainment establishment license issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of the license or any stock authorized but not issued at the time of the granting of a license is thereafter issued and sold, transferred or assigned.

(g)

Change in Location or Name.

(1)

No adult entertainment establishment shall move from the location specified on its license until a notice of change of location has been provided to the Town Manager or his or her designated representative.

(2)

No licensee shall operate, conduct, manage, engage in or carry on an adult entertainment establishment under any name other than his or her name and the name of the business as specified on the license.

(3)

Any application for an extension or expansion of a building or other place of business where an adult entertainment establishment is located shall require inspection and shall comply with the provisions and regulations of this Chapter.

(h)

On-Premises Operator Required. An adult entertainment establishment shall have a designated person to serve as an on-premises operator. The operator shall be principally in charge of the establishment and shall be located on the premises during all operating hours.

(i)

Application Process and Qualifications. Any person, association, partnership or corporation desiring to obtain a license to operate, engage in, conduct or carry on any adult entertainment establishment in the Town shall make application to the Town Manager or to his or her designated representative. Such application shall be made on forms furnished by the Town, shall be made in the name of the adult entertainment establishment by an applicant who is a natural person and an agent of the adult entertainment establishment and shall include the name of the operator as defined herein and of the owner as defined herein. If the adult entertainment establishment is a corporation, then the agent, for purposes of making application for a license hereunder, shall be an officer of the corporation. If the adult entertainment establishment is a partnership, the agent for such purposes shall be a general partner. At the time of submitting such application, a nonrefundable investigative fee payable in cash or by certified check and the nonrefundable site plan application fee found in Appendix A shall be paid to the Town Manager or his or her designated representative to defray, in part, the cost of investigation and reporting as required by this Section. The Town Manager or his or her designated representative shall issue a receipt showing that such application fees have been paid. The application for license does not authorize the operation of, engaging in, conducting or carrying on of any adult entertainment establishment.

(j)

Site Plan Submittal. In addition to the information required for any nonresidential site plan application pursuant to Section 16-5-40, each application for an adult entertainment establishment license shall contain the following information:

(1)

The full true name and any other names used by the applicant, the operator and the owner;

(2)

The present address and telephone number of the applicant, the operator and the owner;

(3)

The previous addresses of the applicant, the operator and the owner, if any, for a period of five (5) years immediately prior to the date of the application and the dates of residence at each;

(4)

Acceptable written proof that the applicant, the operator and the owner are at least eighteen (18) years of age;

(5)

The operator's height, weight, color of eyes and hair, and date and place of birth;

(6)

Two (2) photographs of the operator at least two (2) inches by two (2) inches taken within the last six (6) months;

(7)

The business, occupation or employment history of the applicant, the operator and the owner for the five (5) years immediately preceding the date of application;

(8)

The business license history of the adult entertainment establishment seeking a license and whether such establishment, in previous operations in this or any other location under license, has had such license or permit for an adult entertainment business or similar type of business revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of revocation or suspension;

(9)

If the application is made on behalf of a corporation, the name of the corporation, exactly as shown in its articles of incorporation or charter, together with the place and date of incorporation. If the application is on behalf of a limited partnership, a copy of the certificate of limited partnership filed with the County Clerk shall be provided. If one (1) or more of the partners is a corporation, the provisions of this Subsection pertaining to corporations shall apply;

(10)

The names and addresses of the owner and lessor of the real property upon which the adult entertainment establishment is to be operated, engaged in, conducted or carried on, and a copy of the lease or rental agreement;

(11)

With respect to the applicant, the operator and the owner, all convictions (excluding misdemeanor traffic violations unrelated to driving under the influence of drugs or alcohol) within the past five (5) years, including a complete description of the crime or violation, the date of the crime or violation, date of conviction (including plea of guilty or nolo contendere), jurisdiction and any disposition, including any fine or sentence imposed and whether the terms of disposition have been fully completed. Each person required to disclose convictions hereunder shall also provide a signed and notarized consent, on forms prescribed by the Town, authorizing the release of his or her criminal records to the permits unit of the Town police department;

(12)

A complete set of fingerprints of the applicant and the operator;

(13)

If the person or business entity on whose behalf an application is made for a license is doing business under a trade name, a copy of the trade name as properly recorded. If the application is made on behalf of a corporation, a copy of its authority to do business in the State, including articles of incorporation, trade name affidavit, if any, and last annual report, if any;

(14)

At least three (3) character references for the applicant, the operator and the owner from individuals who are in no way related to the applicant or any operator or owner, and who are not or will not benefit financially in any way from the application if the license is granted;

(15)

The address of the premises where the adult entertainment establishment will be operated, engaged in, conducted or carried on;

(16)

The site plan shall show the location of the proposed premises where the adult entertainment establishment will be operated, engaged in, conducted or carried on in relation to the neighborhood, the surrounding zoning, its proximity in feet to any residence, area zoned residential, church, school, library, college campus, public park, cemetery, government building, civic center, historic resource (as identified in the State of Colorado Historic Preservation Inventory), children's day care facility, establishment selling alcoholic beverages or malt beverages and wine, or other adult entertainment establishment;

(17)

Each application for an adult entertainment establishment license shall be verified and acknowledged under oath to be true and correct by:

a.

If application is made on behalf of an individual, the individual;

b.

If application is made on behalf of a partnership, a general partner;

c.

If application is made on behalf of a corporation, the president of the corporation;

d.

If application is made on behalf of any other organization or association, the chief administrative official.

(k)

Investigation; Standards for Granting of License. The Town shall have thirty (30) days from the date of actual receipt of the application and investigatory fee to investigate the facts provided in the application and the background of the applicant, the operator and the owner. The Town Manager or his or her designated representative shall stamp the date of actual receipt of each application on the first page thereof and notify the applicant of the actual receipt of the application within five (5) business days of actual receipt of such application. The Town Manager or his or her designated representative shall approve or deny any application for an adult entertainment establishment license within thirty (30) days of actual receipt of such application. The application for an adult entertainment establishment license shall be granted if the Town Manager or his or her designated representative finds:

(1)

The required investigative fee has been paid;

(2)

The applicant has not made a material misrepresentation in the application;

(3)

Neither the applicant, nor any of the operators or owners has been convicted or pled guilty or entered a plea of nolo contendere to any crime involving keeping a place of prostitution, pandering, pimping, public indecency, prostitution, sodomy, solicitation of sodomy, masturbation for hire, sexual battery, rape, child molestation, enticing a child for indecent purposes or any offense included in the definition of a criminal offense against a victim who is a minor within a period of five (5) years prior to the date of the application.

(4)

Neither the applicant, nor any of the operators or owners has had an adult entertainment establishment license or other similar license or permit revoked for cause by this Town or any other county or municipality located in or out of this State prior to the date of application within the preceding five (5) years;

(5)

The building, structure, equipment and location of the premises of the adult entertainment establishment as proposed by the applicant complies with all applicable laws, including but not limited to health, zoning, distance, fire and safety requirements and standards;

(6)

The applicant is at least eighteen (18) years of age;

(7)

On the date the business for which a license is required herein commences, and thereafter, there will be an operator as defined herein on the premises at all times during which the business is open;

(8)

The proposed premises will be located at least the minimum distances set forth in this Chapter from any residential use, church, school, library, college campus, public park, cemetery, government building, civic center, historic resource, children's day care facility, establishment selling alcoholic beverages or malt beverages and wine, or other adult entertainment establishment; and

(9)

Grant of such license will not cause a violation of, and will not be in conflict with, this Chapter or any other law, ordinance or regulation, of the Town, Weld County, the State of Colorado or the United States.

(l)

The Town Manager or his or her designated representative shall deny the application for an adult entertainment establishment license if the application fails to meet any requirement contained in this Section.

(Ord. 667 §1, 2011; Ord. 744, 5-16-2017)

(a)

Bed and breakfast establishments are subject to the following standards:

(1)

Bed and breakfast establishments shall be subject to site plan review.

(2)

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

(3)

A minimum of one (1) parking space shall be provided for each guest bedroom, plus spaces as required for the principal use in accordance with Section 16-3-100. An additional parking space is required for each employee on the same shift.

(4)

Additional parking shall be required if reception or party space is available. If four (4) or more off-street parking spaces are provided, visual screening from adjacent residential uses shall be required.

(5)

Signs shall be allowed, subject to the requirements of Article VI.

(6)

No receptions, private parties or similar activities shall be permitted unless expressly approved by the Town.

(7)

No long-term rental shall be permitted. The maximum length of stay shall be twenty-nine (29) days.

(8)

Other than registered guests, no meals shall be served to the general public unless expressly documented in the approved site plan order or temporary use permit.

(9)

No cooking facilities shall be allowed in the guest rooms.

(10)

All bed and breakfast establishments shall comply with Weld County Health Department of Public Health and Environment Regulations.

(11)

All bed and breakfast establishments shall comply with Fire Code requirements.

(b)

The following information shall be submitted with the site plan application:

(1)

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

(2)

Assessor's map with subject parcel outlined in red;

(3)

Site analysis map with site plan; and

(4)

Narrative explaining proposal.

(Ord. 667 §1, 2011; Ord. 744, 5-16-2017)

Editor's note— Ord. No. 744, § 33, adopted May 16, 2017, amended the catchline of § 16-4-40 to read as herein set out. Said catchline formerly read "Bed and Breakfast."

(a)

Purpose. The purposes of this Section are: to allow the location of wireless communication facilities in the Town while protecting the public health, safety, and general welfare of the community; to act on applications for the location of wireless communication facilities within a reasonable time; to encourage co-location of wireless communication facilities, and to prevent unreasonable discrimination among providers of functionally equivalent services.

(b)

Applicability. This Section applies to all WCFs, in addition to all other applicable provisions of this Code. Any applicant for a WCF shall demonstrate in writing that its proposed WCF meets all applicable standards and provisions of this Section.

(c)

Definitions. For purposes of this Section, the following terms shall have the following meanings:

Antenna means a device used to transmit or receive radio or electromagnetic waves including without limitation panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one (1) or more elements, multiple antenna configurations, and other similar devices and configurations, and exterior apparatus designed for telephone, radio, or television communications through the sending or receiving of wireless communications signals.

Applicant means a person that submits an application to the Town to site, install, construct, collocate, modify or operate a WCF.

Eligible telecommunications facilities request means a request for modification of an existing tower or base station that involves the co-location of new transmission equipment, the removal of transmission equipment or the replacement of transmission equipment.

Equipment means antennas and other wireless communications equipment, including without limitation equipment shelters and cabinets, nodes, antennas, fiber optic cable, coaxial cable, wires, frequencies, technology, conduits and pipes, poles, towers and associated and appurtenant equipment necessary to operate the WCF.

Micro wireless facility means a WCF that is no larger in dimensions than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that have an exterior antenna, if any, that is no more than eleven (11) inches in length.

Pole-mounted facility means a WCF with antennae that are mounted and supported entirely on a legally existing traffic signal, utility pole, street light, flagpole, electric or transmission line support tower or other similar structure.

Roof-mounted facility means a WCF that is mounted and supported entirely on the roof of a legally existing building.

Small wireless facility means a WCF where each antenna is located inside an enclosure of no more than three (3) cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements that could fit within an imaginary enclosure of no more than three (3) cubic feet; and primary equipment enclosures are not larger than seventeen (17) cubic feet in volume. A small cell facility includes a micro wireless facility.

Tower means a structure that is designed, constructed and primarily built for the sole or primary purpose of supporting one (1) or more any FCC-licensed or authorized antennas and their associated facilities, including: structures that are constructed for wireless communications services including without limitation private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; the associated site; and self-supporting lattice towers, guy towers or monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and alternative tower structures.

Transmission equipment means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including without limitation radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply, and including equipment associated with wireless communications services including without limitation private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Wall-mounted facility means a WCF that is mounted and supported entirely on the wall of a legally existing building, including the walls of architectural features such as parapets, chimneys and similar appurtenances.

Wireless communications facility or WCF means a facility used to provide personal wireless services, as defined in 47 U.S.C. § 332(c)(7)(C), or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public through licensed or unlicensed frequencies, or wireless utility monitoring and control services, including antennae, support equipment, alternative tower structures, and towers, but excluding the following:

(1)

A facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building;

(2)

A device attached to a building, serving that building only and that is otherwise permitted;

(3)

The support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use; and

(4)

Mobile transmitting devices used by wireless service subscribers, such as vehicle or hand-held radios/telephones and their associated transmitting antennae.

(d)

Standards for All WCFs.

(1)

Compliance with FCC Standards. Upon a request by the Town (on no more than one (1) occasion per year), WCF owners and operators shall certify that: the WCF complies with the current FCC regulations prohibiting localized interference with reception for television and radio broadcasts; and the WCF complies with the current FCC standards for cumulative field measurements of radio frequency power densities and electromagnetic fields. By adopting this Section, the Town is not attempting to regulate radio frequency, power densities or electromagnetic fields, which regulation is controlled by the FCC.

(e)

Abandonment. A WCF that is not operated for a continuous period of one hundred eighty (180) consecutive days shall be considered abandoned, and the conditional review use permit or administrative approval shall expire. The owner of any abandoned telecommunications facilities WCF shall remove the same within ninety (90) days of the date of abandonment.

(f)

Co-Location. The Town encourages co-location of WCFs when feasible to minimize the number of WCF sites. To further the goal of co-location:

(1)

No WCF owner or operator shall unreasonably exclude a telecommunications competitor from using the same facility or location. Upon request by the Town, the owner or operator shall provide evidence explaining why co-location is not possible at a particular facility or site; and

(2)

If a telecommunications competitor attempts to co-locate a WCF on an existing or approved WCF or location, and the parties cannot reach an agreement, the Town may require a third-party technical study to be completed at the expense of either or both parties to determine the feasibility of co-location.

(g)

Freestanding WCFs.

(1)

Minimum Setbacks: A freestanding WCF shall meet the following minimum setback requirements:

a.

Front setback: Twenty-five (25) feet.

b.

Side yard setback: Fifteen (15) feet.

c.

Rear yard setback: Twenty (20) feet.

(2)

Maximum Height: A freestanding WCF, including antennae, shall not exceed the maximum structure height limitation in the underlying zone district. In no case shall a freestanding WCF, including its appurtenances, exceed one hundred (100) feet in height.

(3)

Design Standards: All freestanding WCFs shall meet the following design standards to minimize impacts:

a.

Freestanding WCFs shall be designed to be compatible with surrounding buildings and structures and existing or planned uses in the area, subject to any applicable Federal Aviation Administration ("FAA") regulations.

b.

Freestanding WCFs shall be fenced or secured to prohibit tampering with the equipment. Fencing should not be used exclusively but instead shall be supplemented with vegetation. Any security fencing shall be of a design that blends into the character of the exiting environment. Equipment shelters shall be screened completely with an architecturally compatible wall or fence so that the shelter is not visible from adjacent properties, streets or public areas.

c.

Existing landforms, vegetation and structures shall be used to screen the WCF from view and blend in the facility with the surrounding environment, to the extent practicable.

d.

Equipment storage shelters shall be grouped as closely together as technically possible.

e.

WCF antennas shall not be lighted unless required by the FAA.

(4)

Location. A freestanding WCF shall not be located closer than one thousand (1,000) feet from any other freestanding WCF established or proposed by the same or another provider unless a waiver from this requirement is obtained from the Town. Co-location of WCFs on the same freestanding facility is, therefore, strongly encouraged. To obtain a waiver from the requirements of this Subsection, the application must demonstrate that:

a.

The site is necessary to provide appropriate signal coverage quality;

b.

The site is made necessary pursuant to the applicant's FCC license;

c.

The site is necessary to handle increased service capacity;

d.

Existing topography or structures in the surrounding area preclude other locations in the same area;

e.

Technical and engineering factors require the site to be in the desired location in relation to other existing sites and system constraints, such as frequency requirements, availability of electric power and interconnection to telephone land lines and site access; and

f.

Screening and design of the freestanding WCF will make the site compatible with adjacent land uses.

(h)

Wall and Building-Mounted WCFs.

(1)

All wall- or building-mounted WCF antennas and equipment, whether on public or private property, shall be designed and constructed to blend with and enhance the architectural characteristics of the accompanying building or structure.

(2)

Antennas for a building-mounted WCFs mounted on a legally existing building may encroach into a setback area a maximum of twenty-four (24) inches, but may not extend over a property line.

(3)

No component of a roof-mounted WCF, except a whip antenna, may extend more than ten (10) feet above the roof of the building to which it is mounted. Whip antennas may extend no more than fifteen (15) feet above the roof of the building to which they are mounted.

(4)

Panel antennas:

a.

Panel antennas shall not protrude horizontally more than two (2) feet from the building wall and shall be painted or treated to match the building or structure to which the panel is attached.

b.

Maximum area of panel antennas per building face, measured as the sum of individual panel antenna areas, shall not exceed an aggregate total of fifty (50) square feet for all WCFs.

c.

Panel antennas attached to the side of a building shall not exceed the height of the parapet or the roofline, whichever is greater.

d.

Panel antennas mounted on an existing penthouse or existing rooftop-mounted service equipment for the building shall not exceed the height of the penthouse or service equipment to which the antennas is attached.

e.

Panel antennas shall not be mounted in a freestanding sled or rack-mounted fashion on the top of a building unless: there exists unscreened service equipment on the roof which will be screened from view along with the panel antennas; the screening of the antennas and equipment will be architecturally compatible with the building; and a waiver is obtained from the Town Manager or designee.

f.

No panel antenna shall exceed the maximum height limitation for the zone district in which the panel is located.

(5)

Whip antennas:

a.

Whip antennas shall not exceed a length of fifteen (15) feet (including mounting hardware) and a diameter of four (4) inches from the base of the radiating element to the top of the antennas.

b.

Where more than one (1) whip antenna is attached to a building, such antennas shall maintain a minimum separation of fifteen (15) feet between antennas owned by different WCF providers.

(6)

Microwave dish antennas. The maximum diameter of any microwave dish antenna is two (2) feet in residential zoning districts and four (4) feet in all other zoning districts.

(7)

Equipment storage shelters. Equipment storage shelters and cabinets for structures that are either wall- or building-mounted WCF shall meet the following additional requirements:

a.

Total footprint of each service provider's equipment storage shelters and cabinets shall not exceed four hundred (400) square feet for all wall- or building-mounted WCFs.

b.

No equipment storage shelter shall exceed thirteen (13) feet in height.

c.

Equipment storage shelters and cabinets shall not exceed an aggregate total coverage of fifteen percent (15%) of the building roof area for all WCFs.

d.

Location. Shelters associated with roof-mounted or building-mounted antennas are encouraged to be located in one (1) of the following areas, which are listed in order of preference:

1.

Inside the building or structure to which the panel or whip antennas are attached;

2.

Inside an existing equipment penthouse on the roof of a building, whenever possible;

3.

Immediately adjacent to the exterior of an existing equipment or elevator penthouse if the shelter can be visually incorporated into the penthouse structure by the use of screening of similar style and color to the penthouse; or

4.

Painted or treated the same color and located in such a manner that an additional protrusion is not created on the roof.

(i)

Small Cell Facilities.

(1)

Height. No small cell facility, including associated equipment, shall exceed forty (40) feet in height.

(2)

Review and approval. Small cell facilities are permitted within the public right-of-way in all zone districts, subject to execution of a license agreement and adherence to the requirements of this Section.

(3)

Applications for small wireless facilities shall be submitted to the Town Manager.

(4)

The following associated equipment may be located outside of the primary equipment enclosure for a small cell facility, if so located, will not be included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosure, back-up power systems, grounding equipment, power transfer switch and cut-off switch.

(5)

Time limitations.

a.

For a small cell facility using a new structure, subject to any tolling provided herein, within ninety (90) days of the date on which an applicant submits an application under this Section, the Town shall act on the application. The 90-day review period begins to run when the application is filed, and may be tolled only by mutual agreement of the Town and the applicant, or in cases where the Town determines that the application is incomplete. To toll the timeframe for incompleteness, the Town must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in this application. The timeframe for review begins running again when the applicant makes a supplemental written submission in response to the Town's notice of incompleteness. Within ten (10) days of a supplemental submission, the Town will notify the applicant if the supplemental submission did not provide the information identified in the original notice delineating missing information. In case of a second or subsequent notice of incompleteness, the Town may not specify missing information or documents that were not delineated in the original notice of incompleteness.

b.

For a small cell facility using a preexisting structure, subject to any tolling provided herein, within sixty (60) days of the date on which an applicant submits an application under this Section, the Town shall act on the application. The 60-day review period begins to run when the application is filed and may be tolled only by mutual agreement of the Town and the applicant, or in cases where the Town determines that the application is incomplete. To toll the timeframe for incompleteness, the Town must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in this application. The timeframe for review begins running again when the applicant makes a supplemental written submission in response to the Town's notice of incompleteness. Within ten (10) days of a supplemental submission, the Town will notify the applicant if the supplemental submission did not provide the information identified in the original notice delineating missing information. In case of a second or subsequent notice of incompleteness, the Town may not specify missing information or documents that were not delineated in the original notice of incompleteness.

c.

If the Town fails to act on an application under this Subsection within the timeframe for review (accounting for any tolling), the application shall be deemed approved, effective on the date when the applicant notifies the Town in writing that the review period has expired and that the application has been deemed approved.

(j)

Micro Wireless Facilities.

(1)

No permit shall be required for the installation, placement, operation, maintenance, or replacement of a micro WCF that is suspended on cable operator-owned cables or lines that are strung between existing utility poles in compliance with applicable law.

(2)

Notwithstanding the foregoing, the Town may require a permit for installation, placement, operation, maintenance, or replacement of a micro WCF where the installation, placement, operation, maintenance, or replacement:

a.

Involves working within a highway travel lane or requires the closure of a highway travel lane;

b.

Disturbs the pavement or a shoulder, roadway, or ditch line;

c.

Includes placement on limited access rights-of-way; or

d.

Requires any specific precautions to ensure the safety of the traveling public; the protection of public infrastructure; or the operation of public infrastructure; and such activities either were not authorized in, or will be conducted in a time, place, or manner that is inconsistent with, the approval terms of the existing permit for the facility or structure upon which the micro WCF is attached.

(k)

Review and Approval Procedures.

(1)

A WCF located on public right-of-way or on property owned and maintained by the Town shall obtain site plan approval as outlined in Article III of this Chapter.

(2)

A WCF located on private property that conforms to the height and setback requirements of the applicable district shall obtain site plan approval as outlined in Section 16-5-40. Any WCF that does not conform to zone district requirements may be allowed by approval of a conditional review use permit as outlined in Article V.

(3)

WCFs shall be allowed in certain zone districts pursuant to the review and approval procedures set forth below. Review of applications for WCFs does not guarantee approval of the same. Approval is contingent upon compliance with applicable site plan and conditional review use permit requirements.

Review and Approval Procedures Table

(l)

Eligible Telecommunications Facilities Requests.

(1)

Approval.

a.

Notwithstanding any other provision of this Code, the Town shall approve any eligible telecommunications facilities request that does not substantially change the physical dimensions of a tower or base station.

b.

The Town may condition the approval of any eligible telecommunications facilities request on compliance with generally applicable building, structural, electrical, and safety codes or with other laws codifying objective standards reasonably related to health and safety.

c.

The Town may approve an eligible telecommunications facilities request for a modification of an existing tower or base station which substantially changes the physical dimensions of such tower or base station if it complies with all provisions of this Section.

(2)

A substantial change in the height of an existing tower or base station occurs where any of the following criteria are found:

a.

For a tower outside of a public right-of-way, when the height of the tower is increased by more than ten percent (10%), or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater.

b.

For a tower located in a public right-of-way or a base station, where the height of the structure increases by more than ten percent (10%) or by more than ten (10) feet, whichever is greater.

(3)

Changes in height are to be measured as follows:

a.

Where deployments are separated horizontally, changes in height shall be measured from the original support structure and not from the height of any existing telecommunications equipment.

b.

Where deployments are separated vertically, changes in height shall be measured from the height of the tower or base station, including any appurtenances, as the tower or base station existed on February 22, 2012.

(4)

A substantial change in the width of an existing tower or base station occurs where any of the following criteria are found:

a.

For a tower outside of a public right-of-way, when the addition of an appurtenance to the body of the tower protrudes from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater.

b.

For a tower in a public right-of-way or a base station, when the addition of an appurtenance to the body of the structure would protrude from the edge of the structure by more than six (6) feet.

(5)

For existing towers in public rights-of-way and for existing base stations, a substantial change also occurs as follows:

a.

When the change involves the installation of any new equipment cabinets on the ground if no ground cabinets presently exist.

b.

When the change involves the installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any existing ground cabinets.

(6)

A substantial change also occurs for any existing tower or base station when one (1) or more of the following criteria are found:

a.

When the change involves installation of more than four (4) new equipment cabinets or the standard number of new equipment cabinets for the technology involved, whichever is less.

b.

When the change entails any excavation or deployment outside of the current site.

c.

When the change would defeat the concealment elements of the eligible support structure.

d.

When the change does not comply with conditions associated with the original siting approval of the construction or modification of the tower, base station or base station equipment. This limitation does not apply when a modification is non-compliant with such conditions only in a manner that would not exceed the thresholds identified in Subsections (2), (4), (5) or (6)(1)(a), (b) hereof.

(Ord. 667 §1, 2011; Ord. 721 §2, 2015; Ord. 732 §1, 2016; Ord. 744, 5-16-2017; Ord. 778, 3-19-2019)

Editor's note— Repealed & Reenacted by Ord. 778 on 3/19/2019.

(a)

Manufactured Home Community Requirements. It is unlawful for any person to cause or permit a Type II manufactured home to be placed or installed upon any real property in the Town except in a manufactured home community duly approved and permitted in accordance with this Article and Article V of this Chapter.

(b)

Scope. This Section, together with applicable provisions of Article III, governs the design, permitting, operation, maintenance and management of manufactured home communities.

(c)

Regulations Supplemental. The provisions of this Article are intended to supplement the provisions of Article V of this Chapter governing conditional review use permits. Said provisions of this Chapter shall apply to and govern conditional review use permits for manufactured home communities except as expressly modified in this Article.

(d)

Submittal Requirements. In addition to the requirements of Section 16-5-30, the applicant for a conditional review use permit for a manufactured home community shall be subject to the following:

(1)

The site plan shall contain sufficient information to demonstrate compliance with the design standards set forth in this Article and Article III.

(2)

The floor plan and building elevation drawings or plans requirement shall apply only to permanent structures located or to be located in the community.

(3)

The applicant shall submit sufficient information to demonstrate that the community will be operated, maintained and managed in conformity with the requirements of this Section.

(4)

The applicant shall submit a copy of any and all proposed operating rules and procedures applicable to the operation of the community.

(5)

The applicant shall submit such further information as may be required by the Town to determine if the proposed community will comply with legal requirements.

(e)

Approval Criteria. The Board of Trustees shall not approve a conditional review use permit for a manufactured home community unless the applicant has demonstrated that the proposed community is or will be in conformity with the applicable provisions of this Chapter, and that the community is or will be designed, constructed, operated, maintained and managed in conformity with the requirements of this Section.

(f)

Manufactured Home Community Site Design Standards and Requirements. The following standards and requirements apply to any property proposed for use as a manufactured home community:

(1)

The minimum size of a community shall be three (3) acres.

(2)

The minimum width of a community shall be three hundred twenty (320) feet.

(3)

The community shall be built on a well-drained site of not over five percent (5%) grade and not subject to flooding. Community sites shall not be exposed to chronic nuisances such as noise, smoke, fumes or odors.

(4)

Interior streets shall be hard-surfaced with asphalt or concrete and shall provide convenient access to each individual homesite. Street widths shall be in accordance with adopted Town street standards.

(5)

Walkways not less than four (4) feet in width having an all-weather surface shall be provided from homesites to service buildings.

(6)

Interior streets, parking areas and walkways shall be adequately lighted so as to provide safe movement of vehicles and pedestrians at night.

(7)

Each homesite shall have an all-weather surface driveway with parking space for two (2) vehicles.

(g)

Community Management. Community management must provide full service property management to community residents, including but not limited to the maintenance of a current registry of residents. Community management shall disclose in writing all the terms and conditions of tenancy and shall provide a written copy of community rules and residents' rights to each tenant. Community rules may not be changed without sixty (60) days prior written notice.

(h)

Spacing; Density. Within a manufactured home community, individual homesites may not be sited on platted lots. Therefore, in those instances where there is not a platted lot, setbacks and other applicable area requirements shall be calculated based on the distance between structures.

(1)

The minimum distance between two (2) manufactured homes is fifteen (15) feet from side of structure to side of structure, and ten (10) feet from end of structure to end of structure.

(2)

The maximum gross density for a community is eight (8) manufactured homes per acre.

(3)

The minimum homesite area is three thousand (3,000) square feet for a single-wide manufactured home and four thousand (4,000) square feet for a multi-section manufactured home.

(4)

The minimum homesite width is fifty (50) feet.

(i)

Skirting Required. All Type II manufactured homes shall be skirted between the floor and the ground surface with durable, all-weather construction as manufactured specifically for the purpose of covering the undercarriage area of the manufactured home.

(j)

Open Space; Recreational Areas and Landscaping Required. All setback and other open space areas not occupied by driveways or sidewalks, including that portion of each homesite not occupied by a manufactured home or other structure, shall be landscaped.

(1)

Street-facing Perimeter. The community shall have a greenbelt not less than ten (10) feet wide on any side facing a public street containing such landscaping and other features, including fencing, as may reasonably be required by the Town to enhance the compatibility of the community with its surroundings, taking into consideration the quality and appearance of the dwelling units/structures, the adjacent uses and the quality of the development.

(2)

Other Open Spaces. Other open spaces shall be planted in grasses appropriate to the region and shall have landscaping features such as trees, hedges, border beds, gardens, etc., to provide reasonable screening.

(3)

Not less than five percent (5%) of the total gross land area of the manufactured home community shall be devoted to improved recreation and play areas for the exclusive use and enjoyment of the community residents.

(k)

Maintenance of Grounds. Management shall maintain all common open space and recreation areas in the community in a clean, attractive and safe condition.

(l)

Public Improvements. Manufactured home communities shall be permitted only if the public streets, drainage facilities and utilities are adequate to serve the proposed development. If existing facilities are not sufficient to accommodate the impacts of the community, the Board of Trustees may condition the permit upon the permittee constructing and installing the same at the permittee's sole expense in accordance with Town standards in the manner set forth in the Town's subdivision regulations in Chapter 17 of this Code and in conformance with Chapter 13.

(m)

Permitted Support Facilities. The following structures and uses are permitted: Management offices; community center; recreational facilities; service facilities including laundry and dry cleaning facilities; and other structures customarily incidental to manufactured home communities and storage facilities; provided that:

(1)

They are subordinate to the residential character of the community.

(2)

They are located, designed and intended to serve the needs of persons living in the community.

(3)

They present no visible evidence of their business nature to areas outside the community.

(n)

Water. All water systems shall comply with Chapter 13. In addition, an adequate supply of potable water shall be supplied by underground pipelines to all buildings and spaces within the community. Each space shall be provided with a cold water tap at least four (4) inches above the ground, provided that the tap shutoff is below ground level to prevent freezing.

(o)

Sewage and Refuse Disposal.

(1)

Wastewater from showers, bathtubs, toilets, lavatories and laundries in service and other buildings within the community shall be discharged into the Town sewer system in compliance with the provisions of Chapter 13 of this Code.

(2)

Each homesite shall be provided with a sewer service meeting adopted building code requirements for single-family residences, which shall be connected by underground pipelines to discharge wastewater from the manufactured home into the Town sewer system in conformity with the provisions of Chapter 13.

(p)

Electrical Service. An electrical outlet supplying at least one hundred (100) amp service shall be provided for each homesite. This installation shall be placed underground and conform with regulations of the Town's adopted Electrical Code and all state and county electrical codes.

(q)

Solid Waste Requirements. Refuse receptacles meeting the requirements of Section 7-2-30 of this Code shall be provided in quantities adequate to permit the sanitary collection and disposal of refuse within the community. Such receptacles shall be located not farther than three hundred (300) feet from any space, and they and the areas in which they are located shall be kept in sanitary condition at all times.

(r)

Modifications to Manufactured Homes. Porches, cabanas, awnings and other changes in plane and building elevation are encouraged, provided that no part of any such structure added to the side of a manufactured home shall be closer than twelve (12) feet to a manufactured home located in another homesite. All additions to manufactured homes shall meet the structural requirements of the Town's adopted Building Code and shall be approved by the Building Inspector.

(s)

Posting of License and Temporary Permit. The current conditional review use permit for the community shall be conspicuously posted in the community office at all times.

(Ord. 667 §1, 2011)

(a)

State of Colorado Requirements. Except as expressly provided in this Section, installation of all manufactured homes and mobile homes shall be subject to the provisions of C.R.S. Title 24, Article 32, Part 31, and to rules promulgated pursuant thereto by the Colorado State Board of Housing; provided, however, that in the event of any conflict between installation standards promulgated by the State and those set forth in this Chapter, the more restrictive standard shall apply. In addition, all manufactured home communities shall be operated, maintained and managed in accordance with the standards set forth in this Article, C.R.S. Title 38, Article 12, Part 2 and in other applicable provisions of state law.

(b)

Application and Installation Standards and Requirements. Installation of all manufactured homes shall be subject to the Town of Platteville Building Code and any State or Federal installation standards.

(1)

Pursuant to the authority granted in C.R.S. § 24-32-3105(8)(a), the Town shall have and exercise exclusive jurisdiction to inspect and certify installations of manufactured and mobile homes in the Town. This requirement shall supersede and take precedence over any authority of a certified installer of manufactured homes to self-inspect its installations.

(2)

Applications for the installation of a manufactured or mobile home shall be made on forms furnished by the Town Clerk. All manufactured or mobile homes shall be subject to site plan review pursuant to Section 16-5-40.

(3)

Application Fee. Any person who submits an application for the installation of a manufactured or mobile home shall pay a fee at the time such application is made to the Town Clerk in an amount to be determined from time to time by resolution of the Board of Trustees and set forth in Appendix A to this Code. Any person who applies for approval under this Section shall comply with the provisions of Section 16-1-50 of this Chapter and sign a reimbursement agreement, agreeing to reimburse all actual costs incurred by the Town to review such application.

(4)

Plan review and inspections required by the Building Official shall be accompanied by all information and submittals required for such purposes. Building and safety review fees for plan review, installation inspection (including reinspection fees) and issuance of certificates of installation ("insignia") by the Town pursuant to this Section shall be as determined from time to time by resolution of the Board of Trustees and set forth in Appendix A to this Code. All such fees shall be paid to the Town in full at the time application is made for the services required.

(c)

Certified Homes Only. No manufactured home shall be moved onto any lot unless the same is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §5401, et seq., as amended, or is certified by the Colorado Division of Housing pursuant to C.R.S. § 24-32-701. A mobile home presently located within a mobile home community that is relocated within the same mobile home is exempt from this requirement.

(Ord. 667 §1, 2011; Ord. 744 §21, 2017)

(a)

Intent. The intent of these requirements is to allow a full range of camping accommodations, both primitive and nonprimitive, including campsites, sites for recreational vehicles and park homes.

(b)

Standards. All areas designed to accommodate a wide range of outdoor accommodations and campgrounds shall be subject to the standards listed below.

(1)

All campgrounds and RV parks shall comply with the Colorado Department of Public Health and Environment's Standards and Regulations for Campgrounds and Recreational Areas, 6 CCR 1010-9.

(2)

Development must be located with the existing topography in mind and shall minimize disruption to existing terrain, vegetation, drainage patterns, natural slopes and any other distinctive natural features.

(3)

Each RV site within a RV park or campground shall be equipped with an electrical hookup for a recreational vehicle.

(4)

Continuous occupancy of outdoor recreation accommodations including RV sites, tent sites, tipi sites, yurts, cabins, park homes and casitas shall not exceed twenty-nine (29) days.

(5)

Campgrounds shall not be used as permanent residences except for the owner or manager and permanent maintenance personnel. The owner or manager is allowed one (1) single-family residence. Managers or permanent maintenance personnel are allowed to reside in a caretaker unit defined as a dwelling unit/structure for use by a person or persons hired to look after or take charge of goods, property or a person. Caretaker units are temporary or permanent housing occupied by persons related to the owner of the property where the unit is located, by either blood or marriage, by guests of the owner or employees of the owner who exchange security and/or caretaker services for the campground. Caretaker units shall not be offered to or used as rental units by the general public. Where a caretaker unit is established, the primary unit may be owner-occupied, rented long term or remain vacant.

(6)

Comfort stations with restrooms and other facilities shall be provided in accordance with Colorado Department of Health standards and shall be maintained primarily for the use of users. The general public shall not be invited by advertisement, or otherwise, to use such service buildings.

(7)

Recreation, cultural and educational facilities including club houses, public or private, within a structure or open are allowed but shall not exceed two thousand five hundred (2,500) square feet.

(8)

Recreational vehicles are permitted if they meet the following criteria:

a.

Built on a single chassis.

b.

Four hundred (400) square feet or less when measured at the largest horizontal projections.

c.

Self-propelled or designed to be towed.

d.

Less than thirty-three (33) feet in length.

e.

Designed primarily for use as a temporary living quarters for recreational, camping, travel or seasonal use, but never intended as a permanent dwelling.

f.

Recreational vehicles include by way of example: motor homes, travel trailers, camper trailers and truck campers.

(9)

All campgrounds and structures, whether temporary or permanent shall be set back eighteen (18) feet from all interior public or private roads.

(10)

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

(11)

Camping sites shall be a minimum of one thousand two hundred fifty (1,250) square feet and at least twenty-five (25) feet in width.

(12)

Water Stations: Each RV Park and nonprimitive campground shall contain at least one (1) water station for every one hundred (100) sites or fraction thereof. Water stations shall comply with the following standards:

a.

Every water station shall be equipped with two (2) or more hydrants, a water fountain, a sump and a vacuum breaker to prevent siphonage,

b.

A shut-off valve for controlling the rate of water flow,

c.

A backflow preventer; and

d.

A flexible hose to reach the inlet of recreational vehicle water storage tanks.

(13)

Sanitary Stations: Each RV Park and nonprimitive campground shall contain a minimum of one (1) sanitary station for every one hundred (100) sites, or fraction thereof. Sanitary stations shall comply with the following standards:

a.

The drainage basin of the sanitary station shall be constructed of an impervious material and provided in accordance with Colorado Department of Health standards.

b.

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

c.

The sanitary station shall be connected to the park or campground water supply and shall provide facilities for washing recreational vehicle waste-holding tanks and for cleaning the general area of the sanitary station.

(14)

Recreation Areas: Each campground and RV Park shall provide and maintain an outdoor recreational area consisting of one hundred (100) square feet per site or campground space. Outdoor recreation areas include adult recreation and child play areas and comfort stations, but shall not include areas devoted to parking.

(15)

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

(16)

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

(17)

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

(18)

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

(19)

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

(20)

The campground shall be screened by a fence or wall with a minimum height of six (6) feet and a setback of at least twenty-five (25) feet from abutting property lines.

(21)

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

(22)

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

(23)

Interior roadways must comply with Colorado Department of Health standards in addition to the Town's adopted Street Standards.

(24)

No outside storage is allowed at any camp site unless incidental to the use such as bicycles, BBQ's, picnic tables, temporary shade structure, gear boxes and like items.

(25)

Walkways within the campground area shall be at least three (3) feet wide with an all-weather surface, which may include crushed rock, bark chips, gravel, or hard-surface paving. Walkways within primitive camping areas may be earthen/grass or like natural materials. Access to common facilities such as water pumps, comfort stations and laundry facilities shall be ADA accessible.

(26)

Streets, walkways, buildings, comfort stations and other areas or facilities subject to nighttime use shall be lighted every four hundred (400) feet for safe nighttime use; all lights shall be IES full cutoff lights.

(27)

All trash collection areas shall be screened and protective fencing shall be provided around hazardous areas. There shall be no outside storage of any trash or garbage, no matter how briefly (e.g., overnight), at any campsite, unless it is contained within individual or community bear-proof containers which meet North American Bear Society, CDOW, or U.S. National Park Service specifications.

(28)

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

(29)

Generators shall not be operated on individual camping sites between the hours of 11:00 p.m. and 6:00 a.m.

(Ord. 667 §1, 2011; Ord. 744, 5-16-2017)

(a)

General Provisions.

(1)

Locational requirements. The housing, keeping or sheltering of any animal or livestock, excluding household pets, shall only be allowed in the Agricultural/Holding (A-H), Environmentally Constrained Residential/Recreation (ECRR) or Rural Estate (RE) Zone Districts. Animals shall be limited to household pets, domestic livestock, farm animals and fowl as listed below. Other similar animals may be allowed, however, the Town Manager shall designate the number of animals allowed using the Stockman's Handbook or similar reliable source.

(2)

In all other zone districts, no more than three (3) dogs and three (3) cats, or similar household pets are allowed per lot.

(3)

Standards and regulations regarding the care and licensing of household pets can be found in Chapter 7, Article V (of this Code.)

(4)

Purpose: It is the purpose of these regulations to limit under specific circumstances the number of animals allowed and the methods by which animals are kept on private property. It is the intent of this Section to minimize potential adverse impacts on adjoining property, the neighborhood and persons in the vicinity from improper management of such animals. Such adverse impacts include, but are not limited to the propagation of flies and other disease vectors, dust, noise, offensive odors, soil erosion and sedimentation.

(b)

Specific Animal Standards.

(1)

Application of standards. The following requirements apply to the keeping or raising of specific types of animals, in addition to all other applicable standards of this Chapter. More than one (1) type of animal may be kept on a single lot, subject to the provisions of this Section. Where this Section limits the number of animals allowed on such a site, such limitations shall not apply to unweaned offspring.

a.

Number of animals. Domestic farm animals limited to horses, pot-belly pigs, goats, sheep, donkeys and mules, llamas and alpacas, rabbits and fowl are allowed at an established animal density per acre.

b.

Domestic livestock, farm animals and fowl shall be permitted on lots that are at least two (2) acres in size. One (1) horse, or pot-belly pig, or goat, or sheep, or donkey, or mule, or llama, or alpaca is allowed on the first two (2) acres of property, and the number of animals may then increase at a rate of one (1) large farm animal per one (1) acre.

c.

In addition to the larger farm animals, each residential lot within the above districts are entitled to twelve (12) fowl. No roosters are allowed in the Rural Estate (RE) Zone and only one (1) rooster is allowed in the Agricultural/Holding (A-H) and Environmentally Constrained Residential/Recreation (ECRR) Zone Districts.

d.

No more than five (5) rabbits are allowed on each lot in the Agricultural/Holding (A-H), Environmentally Constrained Residential/Recreation (ECRR) or Rural Estate (RE) Zone Districts.

(c)

Minimum Standards.

(1)

All horses, mules, llama, alpacas, sheep, pot-belly pigs and goats shall be kept in a fenced area.

(2)

No poultry house, coop or hutch shall exceed a total of one hundred twenty (120) square feet of gross floor area.

(3)

All buildings, riding rings, corrals, poultry houses, pigeon coops, hutches and fenced areas wherein animals are kept shall not be located within twenty-five (25) feet of any property line and shall not be located within fifty (50) feet of any dwelling unit/structure.

(4)

Premises upon which animals are kept shall be maintained in such a condition as not to be foul, hazardous or detrimental to the health, safety or welfare of humans or animals. Manure shall not be allowed to accumulate so as to cause a hazard to the health, welfare or safety of humans or animals.

(5)

Violations of this Section shall be subject to nuisance abatement procedures.

(Ord. 667 §1, 2011; Ord. 744 §1, 2017)

(a)

Purpose. These regulations are enacted to provide for the safety, preserve the health, promote the prosperity and improve the order, comfort and convenience of the present and future residents of the Town. It is the Town's intent by enacting these regulations to facilitate the development of oil and gas resources within the Town while mitigating potential land use conflicts between such development and existing, as well as planned, land uses. It is recognized that, under state law, the surface and mineral estates are separate and distinct interests in land and that one may be severed from the other. Owners of subsurface mineral interests have certain legal rights and privileges, including the right to use that part of the surface estate reasonably required to extract and develop their subsurface mineral interests subject to compliance with the provisions of these regulations and any applicable statutory and regulatory requirements. The State has a recognized interest in fostering the efficient development, production and utilization of oil and gas resources and in the prevention of waste and protection of the correlative rights of common source owners and producers to a fair and equitable share of production profits.

Similarly, owners of the surface estate have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonable manner and to have adverse land use impacts upon their property, associated with the development of the mineral estate, mitigated through compliance with these regulations so long as these regulations do not create an operational conflict with the State's authority to regulate oil and gas development. Municipal governments have a recognized, traditional authority and responsibility to regulate land use within their jurisdiction to the extent they do not create an operational conflict. These regulations are intended as an exercise of this land use authority.

(b)

Relationship to the Colorado Oil and Gas Conservation Commission Regulations. The Town recognizes that this Section does not supersede or preempt the regulations of the Colorado Oil and Gas Conservation Commission or any other state regulations, nor is this Article intended to conflict with them. The Town further acknowledges that a permit to drill issued by the Colorado Oil and Gas Conservation Commission shall be binding with respect to any operationally conflicting requirement under this Section.

(c)

General Provisions. The provisions of this Section shall apply to all oil and gas exploration and production operations proposed or existing on or beneath property within the Town limits.

(1)

Legal nonconforming uses. Oil and gas facilities within Town limits and operational prior to March 30, 2005, will be considered legal nonconforming uses and shall require a special use permit if the oil and gas facility is expanded or altered.

(2)

Where provisions in this Article are in conflict with other provisions of this Code or other applicable regulations, the more restrictive, or that provision which results in the higher standard, shall apply unless the application of the Code results in an operational conflict with the state regulation of oil and gas development.

(3)

Exceptions to provisions of this Article which are of purely local concern may be granted by the Board of Trustees as part of the approval process of the special use permit only if the applicant demonstrates that the exception or waiver is necessary to prevent waste or protect correlative rights and can provide adequate mitigation measures for the standards waived.

(4)

A special use permit for oil and gas facilities shall become null and void three (3) years after approval of the special use permit if development of the facilities on the site does not commence.

(d)

Definitions. All terms used in this Chapter that are defined in the Oil and Gas Conservation Act of the State of Colorado ("Act"), or in Oil and Gas Conservation Commission ("COGCC") regulations and are not otherwise defined in this Section, are defined as provided in the Act or in such regulations as of the effective date of this Section. All other words used in this Section are given their usual, customary and accepted meaning, and all words of a technical nature, or peculiar to the oil and gas industry, shall be given that meaning which is generally accepted in said oil and gas industry. When not clearly otherwise indicated by the context, words and phrases utilized in this Section are defined as set forth in Article VI of this Chapter. All terms used herein that are defined in the Act or in COGCC rules and regulations and are not otherwise defined in Article VI shall be defined as provided in the Act or in such rules and regulations.

(e)

Special Use Permit Required for New Oil and Gas Facilities.

(1)

It shall be unlawful for any person to drill any exploration hole, oil or gas well, accessory equipment or structure within the corporate limits of the Town unless a special use permit has been obtained pursuant to Article V of this Chapter. A separate special use permit shall be required for each well, production facility or accessory equipment or pumping system that has not been previously permitted under this Section, except as outlined in Paragraph (e)(4) and Subsection (f) below.

(2)

If more than one (1) well or production facility is proposed at the same time, the applicant may submit one (1) application for multiple wells and facilities; however, a separate fee shall be required for each well or production facility included in the application. The Town will issue a multiple oil and gas operations permit that notes the name and location of each well or production facility.

(3)

Any such permit issued pursuant to this Section shall encompass within its authorization the right for the operator, his or her agent, employee, subcontractor or independent contractor or any other persons to perform that work necessary in the drilling, completion or maintenance operations.

(4)

Tanks, heaters, separators and accessories. For the purpose of this Section, the installation of tanks, heaters, separators and other accessory equipment shall be construed as extensions to oil and gas wells and shall accordingly be subject to the same applications, review, permit, regulations and standards. The application for these accessories, when intended to be installed at the same time as the oil or gas well, may be merged with an application for an oil or gas well special use permit and shall not require an additional permit fee.

(f)

Modification to Existing Well Sites or Production Facilities.

(1)

When a well, well site or production facility is existing with an approved special use permit or existing use site plan order, any twinning, deepening or recompleting of a well and relocation of accessory equipment or gathering lines and transmission lines does not require a new permit so long as all applicable regulations of this jurisdiction and the State are met, and the operator shall submit revised site and operating plans to the Town depicting any changes from the approved special use permit. This is an administrative approval and does not require any additional public hearings. Upon receipt of the amended site plan and operating plan, the Town shall issue an existing use site plan order as provided in this Section.

(2)

If any changes are made to a legal nonconforming well; i.e., twinning, deepening or recompleting of a well, or relocation of accessory equipment or gathering lines and transmission lines occurs, the operator shall apply for a special use permit.

(3)

When a special use permit has been granted for a well, reentry of such well for purposes of sidetracking, deepening, recompleting, reworking, activating or converting the well shall not require a separate special use permit but shall require an updated submittal showing any change to the surface area around the oil and gas production facilities.

(4)

The special use permit is limited to the facilities as shown in the approved plan. To the extent the applicant desires, after initial completion of a well, to place additional equipment on a tank battery or wellhead location which was not shown in the approved plan, the applicant must, except in a situation where additional temporary equipment is necessary for a period of fourteen (14) days or less, notify the Town of installation of such additional equipment by letter and include a revised site plan showing the location of the new equipment. No new special use permit is required; this is a simple amendment to an existing special use permit.

(g)

Annexation of Preexisting Wells Into the Town.

(1)

Upon petition for annexation of land into the Town, the annexor shall notify all operators and owners of any well, production facility, pipeline or gathering line of all oil and gas facilities impacted by the annexation by certified mail. Said notice shall indicate that the operators and owners of any well, production facility, pipeline or gathering line are required to obtain an existing use site plan order for preexisting wells, production facilities, pipelines, flow lines and gathering lines. The intent of requiring the existing use site plan for preexisting wells, production facilities, pipelines, flow lines and gathering lines is to understand the extent of the oil and gas facilities, particularly flow lines and gathering lines that may be impacted as a result of extending infrastructure to the newly annexed lands.

(2)

An operator or owner of any well, production facility, pipeline or gathering line shall have sixty (60) days after the annexation of land which contains oil and gas facilities to designate an oil or gas operation as a preexisting operation by filing with the Town the required existing use site plan application for preexisting wells, production facilities, pipelines, flow lines and gathering lines. If after having received notice by the annexor, the town has not received an existing use site plan from the operator after sixty (60) days, the Town will inform the oil and gas operator that they are not in compliance and shall grant them a 30-day extension. If no existing use site plan is filed, the Town will impose penalties as enumerated in Section 16-1-80 and require the owner or operator to file a new special use permit. The owner or operator shall be guilty of a separate offense for each and every day for which the existing use site plan has not been filed.

(h)

Terms and Conditions of the Special Use Permit.

(1)

The term of the special use permit shall be coterminous with the state well permit issued by the COGCC. Any extension of the permit granted by the COGCC shall result in an automatic extension of the term of the Town-issued special use permit equal to the extension granted by the COGCC. A permit shall not be required for seismic surveys unless the drilling of a seismic (shot hole), core or other exploratory hole is involved.

(2)

The special use permit shall automatically expire with the abandonment and reclamation of the associated well.

(3)

The granting of a special use permit shall not relieve the operator or owner of a well, production facility, pipeline or gathering line from otherwise complying with all applicable regulatory requirements of the Town, the State or the United States.

(4)

Within thirty (30) days after the well is completed and equipped, the applicant shall provide to the Town as-built drawings showing all facilities, pipelines, flow lines and gathering lines which the applicant has placed on the land subject to this permit. These as-built drawings shall be the same as submitted to the COGCC.

(5)

The special use permit and/or existing use site plan order required by this Section and Article V is in addition to any permit which may be required by any other provision of this Code or by any other governmental agency.

(6)

By acceptance of any special use permit and/or an existing use site plan order issued pursuant to this Section and Article V, the operator or owner of any well, production facility, pipeline or gathering line expressly stipulates and agrees to be bound by and comply with the provisions of this Section, and any subsequent amendments shall be deemed to be incorporated. The terms of this Section shall be deemed to be incorporated in any special use permit or existing use site plan issued pursuant to Article V with the same force and effect as if this Section was set forth verbatim in such special use permit or existing use site plan.

(i)

General Application for a Special Use Permit for a New or Expanded Oil and Gas Operation.

(1)

Every application for a special use permit issued pursuant to this Section shall abide by the requirements and filing fees found in Section 16-1-100. The special use permit application shall be in writing on a form supplied by the Town, signed by the operator or some person duly authorized to sign on his or her behalf, and filed with the Town Clerk. In addition, the following information shall be submitted:

a.

The operator's name and address and, if the operator is a corporation, the state of incorporation and, if the operator is a partnership, the names and addresses of the general partners.

b.

The name, address, telephone number, fax number and e-mail address of the individual designated by the operator to receive notices.

c.

The aliquot legal description of the property to be used for the oil/gas operation and the assessor's parcel number for the property. Property recorded by plat shall also be identified by subdivision name and block and lot numbers.

d.

The well name.

e.

The mineral lessee's name and address.

f.

The name and address of the representative with supervisory authority over the oil and gas operation site activities and a 24-hour emergency phone number.

g.

The name and address of the surface owner.

h.

The name, address and telephone number of the person or firm designated by the operator to file the special use permit application and prepare the site plan and related exhibits.

(2)

Fee and signed reimbursement agreement. Every application shall include a required fee in an amount to be determined from time to time by resolution of the Board of Trustees and set forth in Appendix A to this Code. In addition, the applicant shall submit a signed cost reimbursement agreement provided by the Town. The fee and required cost reimbursement agreement must be received by the Town Clerk in order to process the application.

(3)

Substantive application. Upon having submitted the materials and fee required in Subsections (1) and (2) above, an application for a special use permit pursuant to this Section shall be filed with the Town Clerk and shall include the following information:

a.

Site plan. The site plan shall be submitted on one (1) or more plats or maps, at a scale not less than one (1) inch to fifty (50) feet, showing the following information:

1.

A site plan of the proposed operation showing the location of all improvements and equipment, including the location of the proposed wells and other facilities, and including but not limited to pumps, motors, electrical power lines, tanks, flowlines, gathering lines, compressors, separators and storage sheds. All existing tank batteries and transmission and gathering lines within six hundred sixty (660) feet of the well site shall also be shown.

2.

The location of layout, including, without limitation, the position of the drilling equipment and related facilities and structures, if applicable.

3.

The location and description of all existing improvements and structures within one thousand (1,000) feet of the well, as well as proof that the new well or production facility meets all applicable setback requirements from any building unit as defined by the COGCC.

4.

Existing utility easements and other rights-of-way of record, if any, within a radius of six hundred sixty (660) feet of the proposed well.

5.

The location of existing irrigation or drainage ditches within one thousand (1,000) feet of the well site or production site, if any.

6.

The applicant's drainage and erosion control plans for the well site or production site, if applicable. The applicant may submit the best management plan required by COGCC to meet this requirement.

7.

Location of access roads in accordance with the provisions of this Section.

8.

The location of existing oil and gas wells as reflected in COGCC records within a 1,000-foot radius of the proposed location for the well and existing lease boundaries.

9.

The names of abutting subdivisions or the names of owners of abutting, unplatted property within three hundred (300) feet of the proposed well site or production site.

10.

The date the site plan was prepared and any revision numbers to the site plan, when applicable.

11.

The location of existing wildlife and nature areas within one thousand (1,000) feet of the well site or production site, if any.

12.

The location of the well site or production site in relation to existing lease boundaries.

13.

A true north arrow.

b.

Transportation routes.

1.

A map showing the proposed transportation route for E & P waste products (as defined by the COGCC regulations), produced water and produced liquid hydrocarbons from the well/production site to the preferred access to the state highway system. The map shall show and identify all wellhead and tank battery access roads and municipal and county streets and roadways used to access the state highway system.

2.

A map showing the proposed transportation route for construction equipment and well drilling, completion and reworking equipment from the well/production site to the preferred access to the state highway system. The map shall show and identify all wellhead and tank battery access roads and municipal and county streets and roadways used to access the state highway system. The map shall indicate the road surface and condition of all access routes.

3.

All transportation routes which access the state highway system shall be required to obtain necessary CDOT access permits, Weld County access permits and all the overweight vehicle fees for CDOT, the County and the Town.

c.

Written narrative.

1.

A title block or heading containing the operator's and surface owner's names and addresses, the well name and the aliquot legal description of the well/production site location.

2.

Copies of the approved or submitted COGCC Forms 1A, and 2 or 2A or 10, as applicable. If the applicant has not received approval from COGCC, the Town shall process the application conditioned on proof of an approved COGCC permit.

3.

An operating plan.

4.

A copy of the surface use agreement or acknowledgement, including reception number, that a surface use agreement has been recorded with the Weld County Clerk and Recorder's Office.

5.

A list of all permits or approvals obtained or yet to be obtained from local, state or federal agencies other than the COGCC.

6.

An emergency response plan that is mutually acceptable to the operator, the appropriate fire protection district and the Police Department that includes a list of local telephone numbers of public and private entities and individuals to be notified in the event of an emergency, the location of the well and provisions for access by emergency response entities.

7.

A fire protection plan that is mutually acceptable to the operator and the appropriate fire protection district that includes planned actions for possible emergency events and any other pertinent information.

8.

A plan for weed control at the well site.

9.

A sanitary facilities plan that complies with COGCC regulations.

10.

Verification of ownership of the mineral interest.

(j)

Existing Use Site Plan for Preexisting Oil and Gas Operations. Any wells or production facilities in existence on land annexed into the Town after March 30, 2005, shall apply for and receive an existing use site plan order for the preexisting well and/or production facility. The existing use site plan ensures that the Town is aware of all existing oil and gas operations prior to the granting of any land use approvals, including zoning and subdivision or the provision of infrastructure within the newly annexed area. This is an administrative process and does not require any public hearings or noticing of adjoining property owners.

(1)

Submittal and authorization. Every application for an existing use site plan order issued pursuant to this Section shall be in writing on a form supplied by the Town, signed by the operator or some person duly authorized to sign on his or her behalf, and filed with the Town. The fee for such existing use site plan for the preexisting well and/or production facility shall be as set forth in Appendix A to this Code, as the same may be amended from time to time by resolution.

(2)

Grace period for submittal of application.

a.

A person shall have sixty (60) days after receiving notice from the Town or annexor to designate an oil or gas well and/or production facility as preexisting by filing with the Town an application for an existing use site plan order. Upon submittal of the required application, the Town will issue an existing use site plan order for the preexisting well and/or production facility.

b.

Failure to submit an application for an existing use site plan order for a preexisting oil or gas well and/or production facility within the required time will result in penalties and require the operator to apply for a special use permit as provided above.

(3)

The application for an existing use site plan order shall include the following information:

a.

The completed application form from the operator.

b.

Copies of COGCC Forms 1A, 2 or 2A, and 10 (if applicable) approved or submitted to the COGCC.

c.

An aerial map showing approximate location of all existing facilities, pipelines, flow lines and gathering lines.

d.

A written narrative to include the following:

1.

A general description of the extent of the operation and any plans for expansion.

2.

The emergency response plan that was submitted to and approved by the COGCC.

3.

A fire protection plan that was submitted to and approved by the COGCC.

4.

A plan for weed control at the well site.

5.

A sanitary facilities plan that complies with the COGCC regulations.

(4)

All wells and production facilities are required to be fenced as detailed in this Section as well as in Section 16-3-50.

(k)

Special Use Permit Process for New Oil and Gas Operations. The process for issuing a special use permit shall be as specified in Section 16-5-40.

(l)

Emergency Inspections and Emergency Response. The applicant for a special use permit or existing use site plan order shall provide the telephone number of a contact person who may be reached twenty-four (24) hours a day for purposes of being notified of any proposed Town emergency inspection under this Section. Any site for which a special use permit or existing use site plan order has been granted may be inspected by the Town at any time, to ensure compliance with the requirements of the approved special use permit or existing use site plan order or to address any emergencies that may arise. By accepting an approved special use permit or existing use site plan order, the applicant grants its consent to such emergency inspections. The operator shall reimburse the Town or the applicable fire district for any emergency response costs incurred by the Town or the fire district in connection with activity at the well site or production site, except that the operator shall not be required to pay for emergency response costs where the response was precipitated by the mistake of the Town.

(m)

Building Permits. In addition to any other requirements of this Article, building permits must be obtained for all aboveground structures to which the Town's Building Code applies.

(n)

Use Tax. All operators must conform to applicable provisions of this Code relating to taxation.

(o)

Access Roads. All private roads used to provide access to the tank batteries or the well site shall be improved and maintained according to the following standards:

(1)

Tank battery access roads. Access roads to tank batteries shall be subject to review by the Town Engineer and Town Building Inspector and shall conform to the following minimum standards:

a.

A graded gravel roadway having a prepared subgrade and an aggregate base course surface a minimum of six (6) inches thick, compacted to a minimum density of ninety-five percent (95%) of the maximum density as determined in accordance with generally accepted engineering sampling and testing procedures. The aggregate material, at a minimum, shall meet the requirements for Class 3, aggregate base course as specified for aggregate base course materials in the Colorado Department of Transportation's Standard Specifications for Road and Bridge Construction, latest edition.

b.

The access roadway shall be graded so as to provide drainage from the roadway surface and constructed to allow for cross-drainage of waterways (such as roadside swales, gulches, rivers, creeks and the like) by means of an adequate culvert pipe. Adequacy of the pipe is subject to approval of the Town Engineer.

c.

The access roadway shall be maintained so as to provide a passable roadway free of ruts and dust at all times.

d.

The access roadway intersecting a municipal street or roadway shall be hard-surfaced at least from the municipal street to the right-of-way line. Vehicles using the access roadway shall not track mud or other debris onto municipal streets from the access road.

(2)

Wellhead access roads. Access roads to wellheads shall be subject to review by the Town Engineer and Town Inspector in accordance with the following minimum standards:

a.

A graded dirt roadway compacted to a minimum density of ninety-five percent (95%) of the maximum density as determined in accordance with generally accepted engineering sampling and testing procedures and approved by the Town Engineer.

b.

The access roadway shall be graded so as to provide drainage from the roadway surface and constructed to allow for cross-drainage of waterways by means of an adequate culvert pipe. Adequacy of the pipe shall be subject to approval by the Town Engineer.

c.

The access roadway shall be maintained so as to provide a passable roadway free of ruts and dust at all times.

d.

An access roadway intersecting a municipal street or roadway shall be hard-surfaced at least from the municipal street to the right-of-way line. Vehicles using the access roadway shall not track mud or other debris onto municipal streets from the access road.

(p)

Oversize or Overweight Vehicle or Load Permit. An oversize or overweight vehicle or load permit shall be required for all oversize or overweight vehicles or loads, as defined in C.R.S. §§ 42-4-501 through 42-4-511, which use Town streets. Said permit, if required, shall be obtained from the Town prior to such use. The applicant shall comply with all Town and state regulations regarding weight limitations on streets within the Town, and the applicant shall minimize oversize or overweight vehicle traffic on streets within the Town.

(q)

Compliance with State Environmental Requirements. The approval of a special use permit shall not relieve the operator from complying with all current applicable state and federal regulations and standards concerning air quality, water quality and waste disposal.

(r)

Geologic Hazard, Floodplain, Floodway Location Restrictions.

(1)

Violation of any federal, state or local laws or regulations shall be a violation of this Section.

(2)

The well and tank battery shall comply with all applicable federal, state and local laws and regulations when located in a floodway or a 100-year floodplain area.

(s)

Wildlife Impact Mitigation. When a well site or production site is located within or adjacent to a wildlife or natural area, the applicant shall consult with the Colorado Division of Wildlife to obtain recommendations for appropriate site-specific and cumulative impact mitigation procedures as required by the COGCC. The operator shall implement such mitigation procedures as are recommended by the Colorado Division of Wildlife after consultation with the Town. The operator shall file a mitigation plan with the Town. The operator shall not engage in activities which, in the opinion of the Colorado Division of Wildlife, threaten endangered species.

(t)

Abandonment and Plugging of Wells and Reclamation.

(1)

The operator shall comply with all COGCC rules with respect to abandonment and plugging of wells. Operators of wells which are to be abandoned upon the completion of drilling and not be put into production shall notify the appropriate fire district not less than two (2) hours prior to commencing plugging operations.

(2)

Operators of formerly producing wells shall notify the appropriate fire district not less than two (2) working days prior to removing production equipment or commencing plugging operations.

(3)

The operator shall provide summary documentation from the COGCC plugging and abandonment reports to the Town at the same time they are filed with the COGCC.

(4)

The operator shall notify the Town as to whether or not the flow lines have been abandoned.

(5)

Reclamation of the site shall commence within one (1) month of the well being abandoned and plugged and shall conform to all applicable COGCC rules and regulations regarding site reclamation.

(u)

Violation and Enforcement.

(1)

Unlawful to construct or install unapproved oil and gas facilities. Except as otherwise provided in this Section, it is unlawful to construct, install or cause to be constructed or installed any oil and gas well or production facility within the Town unless approval of a special use permit has been granted by the Board of Trustees. The unlawful drilling or redrilling of any well or the production therefrom is a violation of this Section.

(2)

It is unlawful to fail to obtain a special use permit or existing use site plan order where one (1) is required pursuant to this Section.

(3)

Unlawful to provide false, misleading, deceptive or inaccurate information and/or documentation in an application for a special use permit or existing use site plan order. Except as otherwise provided in this Section, it is unlawful for the applicant to provide information and/or documentation upon which the approval of a special use permit was based, which the applicant, its agents, servants or employees knew or reasonably should have known was materially false, misleading, deceptive or inaccurate.

(4)

Penalty. Any person convicted of a violation of any of the acts enumerated above, or who commits any act or omission in violation of any provision of this Section, or of the conditions and requirements of the special use permit, may be punished as set forth in Section 16-1-80.

(Ord. 667 §1, 2011; Ord. 744 §35, 2017)

(a)

The Board of Trustees makes the following legislative findings:

(1)

The Board of Trustees finds and determines that Article XVIII, Section 16(5)(f) of the Colorado Constitution, and C.R.S. § 12-43.4-104(3), specifically authorize that the governing body of a municipality may enact an ordinance to prohibit the operation of retail marijuana establishments.

(2)

The Board of Trustees finds and determines that, after careful consideration of Article XVIII, Section 16 of the Colorado Constitution, the Colorado Retail Marijuana Code and its associated regulations, and after evaluating, inter alia, the potential secondary impacts associated with the operation of retail marijuana establishments, such land uses have an adverse effect on the health, safety and welfare of the Town and its inhabitants.

(3)

The Board of Trustees therefore finds and determines that, as a matter of the Town's local land use and zoning authority, and consistent with the authorization provided by Article XVIII, Section 16 of the Colorado Constitution and C.R.S. § 12-43.4-104(3), no suitable location exists in the Town for the operation of retail marijuana establishments.

(b)

It is unlawful for any person to operate, cause to be operated or permit to be operated any retail marijuana establishment within the Town, and all such uses are hereby prohibited in any location in the Town.

(c)

A violation of this Section shall be punishable by a fine of not more than nine hundred ninety-nine dollars ($999.00) or imprisonment for not more than one (1) year, or by both such fine and imprisonment. Each and every day a violation is committed, exists or continues shall be deemed a separate offense. The Town is specifically authorized to seek an injunction, abatement, restitution or any other remedy necessary to prevent, enjoin, abate or remove the violation. The penalty in this Section shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law or in equity.

(Ord. 697 §3, 2013)

It is unlawful for a person to use any compressed flammable gas as a solvent in the extraction of tetrahydrocannabinol ("THC") or any other cannabinoid in any residential structure in the Town.

(Ord. 707 §1, 2014)

(a)

All accessory solar energy systems, small solar energy systems and large solar energy systems shall comply with this Section.

(b)

Accessory Solar Energy Systems and Small Solar Energy Systems.

(1)

Building-mounted systems:

a.

The solar energy system components must be mounted as flush to the roof or structure as practicable.

b.

The solar energy system may not extend above the roofline for pitched roofs.

c.

Solar collectors installed on flat roofs may be raised up to a maximum of six (6) feet above the height of the building and shall be set back a minimum of three (3) feet from the edge of the roof.

(2)

Ground-mounted systems:

a.

Maximum height: Fifteen (15) feet.

b.

Maximum total area: Ten percent (10%) of the lot's gross area.

(c)

Large Solar Energy Systems.

(1)

Minimum lot size: Ten (10) acres.

(2)

Maximum height: Twenty-five (25) feet.

(d)

Abandonment. It is the responsibility of the property owner to remove all obsolete or abandoned solar energy systems within six (6) months of cessation of operations.

(Ord. 730 §13, 2016)

(a)

Glare and Heat. An operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from off site.

(b)

Vibration. Industrial or commercial operations shall cause no inherent and recurring generated vibration perceptible without instruments at any point along the property line.

(c)

Light. Exterior lighting, except for warning, emergency or traffic signals, shall comply with the lighting standards set forth in Section 16-3-70.

(d)

Smoke. All industrial and commercial uses which produce smoke or any air contaminant shall be subject to the jurisdiction and regulations of the Colorado Air Quality Control Department and the Colorado Air Quality Control Division. Visible emissions of any kind at ground level past the lot line of the property on which the source of the emissions is located, are prohibited.

(e)

Odors. No industrial or commercial use shall cause or allow the emission of malodorous air contaminants from any single source such as to result in detectable odors which are apparent outside the property boundaries.

(f)

Noise. All uses shall be conducted such that noise generated is controlled at its source or so attenuated by the structure from which it radiates that it does not become objectionable from off site.

(g)

Fugitive Dust. No industrial or commercial operation shall be allowed to produce fugitive dust in amounts which are noticeable outside of the property boundaries of the use.

(h)

Electromagnetic and Electrical Interference. No equipment shall be operated in such a manner as to adversely affect the operation of any off-premises electrical, radio or television equipment. It is unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure or any other use directly or indirectly associated with these purposes which does not comply with the then-current FCC regulations regarding such sources of electromagnetic radiation, except that for all governmental communications facilities, governmental agencies and government owned plants, the regulations of the interdepartmental Radio Advisory Committee shall take precedence over the FCC regulations regarding such sources of electromagnetic radiation.

(i)

Wastes. All liquid and solid wastes produced shall be confined within the property boundaries until disposed of by proper means. No person shall cause or permit any materials to be handled, transported or stored in a manner which allows or may allow particulate matter to become airborne or liquid matter to drain onto or into the ground.

(Ord. 744, 5-16-2017)