The City hereby establishes the following defined zoning districts:

RE ONE-FAMILY RESIDENTIAL DISTRICT. A residential district for large-lot single-family detached dwelling units.

R1 ONE-FAMILY RESIDENTIAL DISTRICT. A residential district for medium-lot single-family detached dwelling units.

RA ONE-FAMILY RESIDENTIAL DISTRICT. A residential district for single-family detached dwelling units.

R2 TWO-FAMILY RESIDENTIAL DISTRICT. A residential district allowing a mix of single-family detached dwelling units and duplexes.

R3 MULTIPLE-FAMILY RESIDENTIAL DISTRICT. A residential district allowing a mix of single-family, duplex, and low-density multi-family dwelling units.

R4 MULTIPLE-FAMILY RESIDENTIAL DISTRICT. A residential district allowing a mix of single-family, duplex, and low- and medium-density multi-family dwelling units.

R5 MOBILE HOME DISTRICT. A residential district specifically tailored for mobile home parks.

T1 TRANSITIONAL DISTRICT. A mixed-use district allowing both office and residential uses.

B1 BUSINESS DISTRICT. A restricted retail and office district where no outside storage of goods and merchandise is allowed.

C1 COMMERCIAL DISTRICT. A retail and office district where outside storage of merchandise is permitted.

C2 HEAVY COMMERCIAL DISTRICT. A commercial district where more intensive activities and uses not compatible with residential and other business uses are allowed.

M1 INDUSTRIAL DISTRICT. A manufacturing and office district.

O1 OPEN DISTRICT. An agricultural and open district for providing an area of the City devoted to the production of agricultural crops and livestock, as well as preserving and protecting agricultural and non-urbanized areas until urbanization is warranted and the appropriate change in district classification is made.

PUD PLANNED UNIT DEVELOPMENT DISTRICT. A district where a maximum amount of flexibility is allowed in order to create a unified, innovative approach to mixed use design.

SPD SPECIFIC PLAN DISTRICT. A district intended to implement comprehensive land use and development policies, objectives and requests specifically designated as Focus Areas in the City's Comprehensive Plan.

(2534 3497 3739)

A record of the boundaries and zoning classification of all districts established pursuant to this chapter shall be maintained by the Planning Manager, which record is by reference hereby made a part of this title.

In the event uncertainty shall be deemed to exist concerning the boundary of any district shown on the zoning district map, and the uncertainty cannot be resolved by reference to the applicable zoning ordinance, district boundaries shall be presumed to be located on section lines or lot lines, on the centerlines of highways, streets, alleys, railroad rights-of-way, and waterways, or on other logical boundaries as determined by the Planning Manager.

(2534 3497)

Zoning amendments shall be as authorized in accordance with Chapter 5 of this title. All requests for rezoning must be in compliance with the City's Comprehensive Plan.

(2534)

(A)

This section lists the uses allowed within each zoning district, except the Planned Unit Development District, PUD.

(B)

The listing of a use as being allowed in any particular district shall be deemed to be an exclusion of such use from any other district, unless such use is specifically allowed in the other district. The Planning Manager shall determine if an unlisted use or set of uses falls into the definition of a listed use, and such determination is subject to review and approval by the Planning Commission, if an applicant so requests, subject to the hearing requirements of Section 11-5-13 (A), W.M.C. The decision of the Planning Commission on the matter is final.

(C)

Uses are allowed only insofar as they possess a valid state license, if required, and they are not prohibited or in conflict with other provisions of this title or the City's Comprehensive Plan. In the event of any conflict or inconsistency between this section and the City's Comprehensive Plan, the Comprehensive Plan shall control.

(D)

Uses allowed pursuant to this section do not apply to that area included in the South Westminster Urban Renewal Plan, Phase I (Sub-areas A-I), and the uses allowed in that area shall be governed by the Plan.

(E)

The categories of allowed uses are as follows:

PERMITTED USES, indicated as "P" in the following table, are allowed as of right.

CONDITIONAL USES, indicated as "C" in the following table, are allowed upon a determination that they meet the conditions specified in Section 11-4-9, W.M.C.

SPECIAL USES, indicated as "S" in the following table, may be allowed if they receive a Special Use Permit under Section 11-4-8, W.M.C.

(2534 2896 2975 3295 3497 3664 3770; Ord. No. 3891, § 3, 6-26-2017; Ord. No. 3926, § 2, 3-26-2018)

(A)

In addition to the provisions of Section 11-4-6, W.M.C., the following regulations shall apply to lot area, lot width, lot frontage, lot depth, height, building setbacks, floor area, and coverage of lots and structures in all zoning districts except Planned Unit Development. In the event of any conflict or inconsistency between this section and the City's Comprehensive Plan, the Comprehensive Plan shall control.

(B)

The City Manager or the Manager's designee may grant an increase in the height limit and/or a reduction in the setback requirements of up to ten percent if the Manager finds that such reduction does not constitute a significant change in the site plan for the property and does not create a significant negative impact on adjoining properties.

(a)

None, none required, or not applicable.

(b)

None required unless adjacent to residential district. In such cases, minimum side setbacks shall be the same as those of the adjacent residential area.

(c)

Twenty feet (20′) from the center of an alley or rear lot line, whichever is less.

(d)

Licensed and permitted in accordance with this Code.

(C)

For PUD zoned property in which the PDP and/or ODP has not established maximum heights, the maximum heights shall be as follows:

(1)

Maximum building height—principal building (residential uses): 40 feet;

(2)

Maximum building height—principal building (non-residential or mixed uses): 65 feet;

(3)

Maximum building height—accessory building (residential uses): 15 feet;

(4)

Maximum building height—accessory building (non-residential or mixed uses): 35 feet;

(5)

Maximum structure (non-building) height: 35 feet.

(2534 2841 2975 3770; Ord. No. 3891, § 3, 6-26-2017; Ord. No. 3982, § 1, 4-8-2019)

The following additional regulations apply as indicated below:

(A)

Single-Family Detached Dwelling Units: Permitted in the R2, R3, R4, and T1 Districts in accordance with the RA "Density Schedule" provisions. Duplexes are also permitted in the R3, R4, and T1 Districts in accordance with the R2 "Density Schedule" provisions. Multiple-Family Dwelling Units are also permitted in the T1 District in accordance with the R3 "Density Schedule" provisions. In the B1 District, a caretaker's quarters is allowed on or above the main floor, if said use is clearly ancillary to the primary business or commercial use.

(B)

Occupancy of Dwelling Units: Occupancy of any dwelling unit shall be subject to the requirements of section 11-12-4, W.M.C., with the following exceptions:

(1)

No more than eight residents may occupy a group home for the aged;

(2)

No more than eight residents, plus staff, may occupy a group home for persons with mental illness;

(3)

No more than eight residents, plus staff, may occupy a group home for developmentally disabled persons; provided further that, except as otherwise provided by law, no more than one individual who is required to register as a sex offender under the provisions of the Colorado Sex Offender Registration Act shall occupy a dwelling unit.

Additionally, dwelling units, or portions thereof, temporarily used as model homes or sales offices in a development must be restored to residential use and occupancy within thirty days after (i) the initial sale or lease of all units in the development, or (ii) the date that no building permit for the development has been issued in 365 days, whichever occurs first.

(C)

Exceptions From Minimum Lot Area or Width: The minimum lot area and minimum lot width of any lot in the RE, R1, RA, R2, R3, R4, R5, T1, B1, C1, C2, M1, or O1 Districts in this Code may be reduced up to 30 percent of such minimum when applied to structures for a permitted use to be constructed on parcels of ground that were under separate ownership (whether consisting of one or more platted lots) on November 20, 1960, provided:

(1)

Such separate ownership is other than the ownership of the property on either side of the subject parcel.

(2)

This exception shall not apply to parcels having less than a fifty-foot (50′) frontage or that are less than 5,000 square feet in area.

(3)

This exception shall not apply to parcels having a total frontage in excess of 120 feet, unless at least 75 percent of the frontage of the property on both sides of the street in the block in which the subject parcel is located is already developed on 60 feet or less frontages, in which case the maximum frontage of the parcel to which this exception shall apply shall be increased to 209 feet.

(4)

Notwithstanding this exception, all other requirements provided in zoning law shall be maintained, including, but not limited to, the side setback requirements and structures on corner lots shall be located thereon to conform with existing setbacks along the same street frontage in the area and in a manner that will provide an unobstructed view of intersection traffic.

In addition to the foregoing exception, any lot separately designated in any plat heretofore, filed with and approved by the Planning Commission subsequent to November 14, 1950, may be developed for a permitted use notwithstanding the requirements in the previously designated Districts relative to minimum lot width or area.

(D)

Minimum Setbacks:

(1)

Developed Area. In all residential areas where lots comprising 50 percent or more of the frontage on one side of a street between intersecting streets have been improved with buildings, the City may require that the average front setback of such buildings shall be the minimum front setback required for all new construction in such block.

(2)

Reduction. No part of a setback required for any building for the purpose of complying with the provisions of this chapter shall be included as a setback for another building; all setback areas shall be open and unobstructed, except as otherwise provided herein.

(3)

Architectural Features. Cornices, canopies, eaves, awnings, or similar architectural roofline features may extend into a required setback not more than four feet.

(4)

Decks. Open, unenclosed and uncovered decks or patios may extend into a required setback, provided they are constructed at ground level and do not conflict with any utility or other easements.

(5)

Fire Escapes. Fire escapes may extend into a required setback not more than six feet.

(6)

Flag Lots. For the purposes of measuring the setback requirements of Section 11-4-5, W.M.C., the "pole" portion of the lot shall not be included in the measurements. For example, the front setback for a building will not be measured from the street right-of-way line, but will instead be measured from the principal or accessory building to the lot line nearest and parallel to, but not coincident with, the street right-of-way line.

(E)

Minimum Floor Area: All measurements shall be along outside walls of the living area, not including unfinished basement, garage, or carport areas.

(F)

Side Setback Exception: There shall be excepted from the 15-foot aggregate side setback requirements for RA and R1 Districts all zone lots having a width of 63 feet or less at the building setback lines. Such exception shall apply only to zone lots which, on November 20, 1960, were platted to such 63 feet or less width, or which were under separate ownership as a single building site on such date, but such exception shall not apply to lots platted to a 25-foot width, not under separate ownership on November 20, 1960. The minimum side setback requirements for such lots shall be an aggregate of 12 feet for each zone lot with a five-foot minimum on each side.

(G)

Adjacent Land Use Restrictions:

(1)

In the R3 and R4 Districts, no single structure containing more than two units shall be located immediately adjacent to an existing one-family dwelling.

(2)

No manufacturing is permitted in conjunction with sales in B1, C1, and C2 Districts.

(3)

No wall of any drive-in business, automobile wash facility, or automobile service station is permitted within 100 feet of any residential district boundary.

(4)

In all zoning districts, including Planned Unit Development ("PUD"), a new occupied building unit shall be setback 2,000 feet from any existing or approved oil and gas facility, except for structures that are constructed as a part of that oil and gas facility. This shall not apply to plugged and abandoned wells.

(5)

In all zoning districts, including PUD, a new occupied building unit shall be setback 200 feet from any plugged and abandoned wells.

(a)

Prior to submittal of an ODP, any plugged and abandoned well located on the property shall be located, excavated (if it was cut off and buried), and surveyed. The plugged and abandoned well shall be permanently marked by a brass plaque set in concrete similar to a permanent bench mark to monument its existence and location. Such plaque shall contain any information required on a dry hole marker by the COGCC and the City.

(b)

During the review of an ODP within the boundaries, or within 200 feet of such boundaries, of which is located a plugged and abandoned well or former oil and gas production site, the owner shall submit a location diagram of the location of the wellhead, the production site, and the well site.

(c)

On every ODP and final plat within the boundaries on which is located a plugged and abandoned well, or for property within 100 feet of a plugged or abandoned well, there shall be dedicated to the City a well maintenance and workover easement, the dimensions of which shall be not less than 50 feet in width and 100 feet in length. No structures shall be located within this easement. Improvements may be located within the easement but shall be designed to maintain access to the well. The plugged and abandoned well shall be located in the center of the easement. There shall be public access for ingress and egress to the easement of a width of not less than 20 feet. Such public access shall be dedicated or granted to the City. The well maintenance and workover easement shall be depicted on the ODP.

(d)

On every ODP and final plat within the boundaries of which is located a plugged and abandoned well, or for property within 200 feet of a plugged or abandoned well, shall include the following notation: "The owner shall disclose to prospective purchasers of lots within a radius of 200 feet of the plugged and abandoned well of (1) the location of the plugged and abandoned well, (2) the location of the maintenance and workover easement, and (3) the purpose for the well maintenance and workover easement."

(e)

During the review of an ODP and prior to issuance of a land disturbance permit for property on which there is a plugged and abandoned well or former oil and gas production site, the applicant shall submit to the City an acceptable verification that the well or former production site has been remediated of hydrocarbon contamination to background levels. For property where there is an abandoned well or former production site within 200 feet of the boundary of the property, the applicant shall submit to the city an acceptable verification that the well or former production site and a minimum of 200 feet from the well or former production site have been remediated of hydrocarbon contamination to background levels.

(f)

No utility lines shall be installed within ten (10) feet of any plugged and abandoned well.

(g)

Prior to issuance of a land disturbance permit within a development containing abandoned flowlines, the fluids within the abandoned flowlines shall be recovered and the flowlines removed.

(H)

Outdoor Storage:

(1)

In the B1 District, there shall be no overnight or permanent outdoor display or storage of merchandise, goods, or materials.

(2)

Permanent outdoor display and storage of merchandise, goods, or materials is permitted in C1, C2, and M1 Districts. Said storage shall not occupy more than 50 percent of the total lot, unless otherwise approved on an Official Development Plan. City Council may approve more or less restrictive conditions with the approval of an Official Development Plan.

(3)

Temporary outdoor display of merchandise, goods, or materials during normal working hours is permitted in B1, C1 and C2 Districts.

(4)

Seasonal outdoor storage, such as garden supplies and Christmas tree sales, are permitted in B1, C1, C2, M1 and O1 Districts.

(5)

Permanent, accessory, and seasonal outdoor storage in a district shall be as indicated on an approved Official Development Plan. If provisions permitting outdoor storage are not contained on an approved Official Development Plan, outdoor storage is prohibited.

(I)

Screening of Outdoor Storage: In the C1, C2, and M1 Districts, outdoor storage, equipment, merchandise, and refuse shall be screened from view from abutting rights-of-way and adjacent properties.

(J)

Environmental Requirements: Dust, fumes, odors, smoke, vapor, noise, lights, and vibration shall create no adverse off-site impacts in all districts. Any use that emits odor, dust, smoke, gas, noise, radiation, vibration, danger of explosion, or similar effects must do so in conformance with State of Colorado Health Department Standards and Environmental Protection Agency Standards. For any type of repair shop, all activities must be conducted within an enclosed building and shall not create undue noise, odor, dust, smoke, vibration, or other similar effects outside of the enclosed buildings in a C2 and M1 District.

(K)

Loading: In B1, C1, C2, M1 and PUD Districts, all loading areas and loading docks must be located on the site and screened, so as not to be viewed from public roads, trails, or residentially zoned property.

(L)

Measurement of the Maximum Height of Buildings: Shall be as determined pursuant to the currently adopted Building Code of the City.

(M)

Screening of Trash Storage Areas in All Zone Districts:

(1)

Trash storage for multi-unit dwellings, institutional buildings, and all business and industrial buildings or uses shall be accommodated within the structure or, if located outside, shall be screened, so as not to be visible from adjacent public streets or from adjacent residential development within 100 feet of the trash storage area. Screening shall be an opaque decorative wall or fence six feet in height and shall be constructed of materials compatible with building materials of the structure, such that the enclosure or screen wall or fence will be protected from damage by normal removal and replacement of the dumpster by a trash truck by incorporation of protective pipe bollards and concrete curbs outside and inside of the enclosure.

(2)

One- and two-family dwellings and accessory uses, except for temporary construction purposes, shall not be permitted to maintain large trash dumpsters one cubic yard or larger, as such dumpsters are of a size and type normally associated with commercial uses.

(3)

In no instance shall trash enclosures be permitted to encroach into sight distance triangles for driveways or street corners. No such enclosure shall displace required parking spaces.

(4)

The requirements of this section shall apply to all new development prior to a certificate of occupancy. In addition, all such trash storage areas in existence as of the date of adoption of this ordinance (August 1997) shall come into conformance within one year of the adoption hereof. For the purpose of enforcement, the land owner shall be held legally responsible for compliance with this law.

(N)

Accessory Buildings:

(1)

Permitted Zone Districts. An accessory building is permitted in all residential zoning districts or residential planned unit developments in accordance with the requirements of this Code, unless restricted on an approved Official Development Plan. Accessory buildings in nonresidential zoning districts shall require an ODP waiver or ODP amendment meeting the requirements of this Code.

(2)

Number Permitted. Unless stated otherwise on an Official Development Plan, in residential PUD districts, two accessory buildings will be permitted per building lot. In non-PUD residential zoning districts, one detached garage shall be permitted in addition to two accessory buildings.

(3)

Architectural Character. Accessory buildings must maintain the character of the surrounding neighborhood and architecturally resemble and be constructed of like or similar materials of that used on the exterior of the existing principal building on the property. Pre-fabricated or corrugated metal, plastic, vinyl, canvas or similar material buildings are prohibited.

(4)

Size. For all residential zoning districts and residential PUD districts, the total of any detached garage and accessory buildings shall be limited to five percent of the building lot area or 600 square feet, whichever is greater, unless a different size is provided for in the PUD district. In no case shall the combined square footage of all accessory buildings be more than 2,000 square feet per building lot. For all nonresidential PUD zoning districts, size will be determined in the ODP or ODP amendment. Maximum height of an accessory building shall be limited to 15 feet, except in O-1 zoning districts where maximum height shall be limited to 35 feet.

(5)

Setbacks. This subsection (N) provides the setbacks for accessory buildings, except that the setbacks for accessory buildings in PUD zoning districts shall be as specified on an approved Official Development Plan. If setbacks are not specified in the ODP, then the setbacks shall follow the requirements of this subsection. The O-1 district is considered a nonresidential zoning district for the purpose of this subsection.

(a)

Accessory Buildings 120 Square Feet or Less: the front setback shall be the same as required for the principal building. The side and rear setbacks shall be a minimum of three feet from the property line, but may not encroach into any easements. The side or rear setback adjacent to a public road shall be 15 feet.

(b)

Accessory Buildings Greater Than 120 Square Feet: the front setback shall be the same as required for the principal building. The side and rear setbacks shall be a minimum of five feet feet from the property line, but may not encroach into any easements. The side or rear setback adjacent to a public road shall be 15 feet.

(c)

Accessory Buildings in the O-1 Zoning District: the front setback shall be 100 feet. The side and rear setbacks shall be 30 feet.

(d)

Architectural features such as cornices, canopies, eaves, awnings or similar architectural roofline features may not encroach into the required side or rear setback for any accessory building.

(O)

Temporary Construction and Sales Trailers:

(1)

Temporary construction and sales trailers are permitted in all zoning districts, subject to the following restrictions:

(a)

No person shall permit a construction trailer to remain on a site for more than 30 days after completion of construction or cessation of construction.

(b)

No person shall permit a sales trailer to remain on a site past the date of the sale or lease of all dwelling units or lots within the boundaries of the development or subdivision.

(c)

A construction trailer or sales trailer may be located only on the lot it serves or within the development or subdivision for which construction is occurring.

(d)

A construction trailer or sales trailer shall meet the setback requirements for a principal building on a lot for the zoning district in which it is located, adequate parking and landscaping, and safe access to the site that does not impact public streets or surrounding uses.

(e)

A sales trailer shall have adequate asphalt or concrete parking spaces provided.

(f)

No person shall use, or permit to be used, a construction trailer or sales trailer as any type of dwelling unit.

(2)

Upon removal of a construction trailer or sales trailer, the property owner is responsible for cleaning the site and restoring it to an orderly condition, which may include the removal of the asphalt or concrete parking spaces.

(P)

Fences:

(1)

General. Fences erected in the City shall comply with the provisions of this section. Fences and swimming pools shall also comply with the provisions of the building code as adopted by the City.

(2)

Fence Classifications. Fences shall be classified as follows:

Class 1: masonry walls

Class 2: ornamental iron

Class 3: woven wire

Class 4: fences more than 50 percent open

Class 5: fences less than 50 percent open

(3)

Height Limitations, Residential/Business Districts.

(a)

Fences erected in front of the front building line or in front of the required front setback may be of any class, provided the height of the fence does not exceed 36 inches. Class 2 and 3 fences more than 50 percent open may be erected to a height not to exceed 42 inches. Ornamental post caps shall not be included in any calculation of fence height.

(b)

Fences erected in side yards that do not project beyond the front building line or required front setback, including rear yard perimeter fences, may be of any class and shall not exceed the height of six feet.

(c)

Fences erected on top of retaining walls shall not exceed the height limitations specified in paragraph (1) and (2) of this subsection. The height of such fence shall be measured from the ground level on the high side of the retaining wall to the top of the fence.

(4)

Height Limitations, Industrial Districts. Fences erected in industrial districts may be of any classification. Fences erected in required front yards shall not exceed a height of six feet. In other than required front yards, fences may be of any height.

(5)

Mobile Home Fences. Individual lot perimeter fences may be erected at the lot line of individual mobile home spaces. Such fences shall be constructed of the chain link fencing and shall be of a standard design for the entire mobile home park. The top of such fences shall not exceed 36 inches in height. Fence permit issuance and fees therefor shall be in accordance with the provisions of this Code.

(6)

Prohibited Fences.

(a)

Barbed wire or similar sharp pointed fences shall not be erected or maintained, unless approved on the Official Development Plan or the Preliminary Development Plan and, when approved, shall be installed at a height not less than six feet above the surrounding grade level.

(b)

No electrically charged fence shall be erected or maintained.

(7)

Intersection sight distance criteria. Fences and retaining walls erected within vehicular sight triangles or vehicular safe line of sight shall comply with the City standard specifications for design and construction. No fence or retaining wall shall be erected or maintained that obstructs the vision of motorists, as determined by the City's traffic engineer. Any fence or retaining wall that does obstruct the vision of the motorists may be abated as a nuisance as set forth in Title VIII, Chapter 4 of this Code.

(Q)

Swimming Pools, Spas, and Hot Tubs: Outdoor swimming pools, wading pools, hot tubs, spas, and similar facilities shall be constructed or installed so that there will be at least five feet between the side or rear property line and the rim of the facility and at least 50 feet between the front property line and the rim of the facility, except as follows:

(1)

In the case of outdoor swimming pools, in conjunction with residential occupancies located on developer-owned or commonly owned land, the front setback shall be determined on the Preliminary Development Plan or the Official Development Plan.

(2)

Portable wading pools constructed of flexible plastic, rubber, or similar materials shall not be subject to the spacing requirements specified in this section.

(Q.5)

Solar Energy Systems: Solar energy systems may be permitted as an accessory use subject to the following:

(1)

Ground mounted (freestanding) solar energy systems:

(a)

Where located within a residential zoning district, including residential locations within a PUD or SPD, the area of solar panels shall not exceed 400 square feet per residential structure;

(b)

Maximum height shall be ten feet in a residential zoning district or 15 feet in height in a nonresidential district, measured from the grade at the base of the pole to the highest edge of the system;

(c)

Placement shall be limited to side and rear yard areas;

(d)

All parts of the freestanding system shall be set back ten feet from the interior side and interior rear property lines and shall not be located within an easement;

(e)

The installation shall be in a location and configuration that prevents glare that interferes with the use and enjoyment of adjacent property or operations of Rocky Mountain Metropolitan Airport.

(2)

Building mounted solar energy systems:

(a)

Building mounted solar energy systems shall be permitted in all zoning districts on any principal or accessory structure;

(b)

The total area of solar panels shall not exceed the total area of roof surface of the structure to which the system is attached;

(c)

Panels shall be flush mounted within six inches of the roof surface;

(d)

Systems shall not extend beyond the highest peak of a pitched roof;

(e)

When not associated with a single-family residential structure, the system may project off a roof edge or building facade up to five feet from a building facade or roof edge or may project into an interior side or interior rear setback, but shall be no closer than five feet to the interior side or interior rear property line;

(f)

Sufficient emergency access shall be maintained on roof areas to ensure unimpeded access for fire, police or emergency medical personnel and as well sufficient access for maintenance of roof materials, smoke ventilation systems, HVAC and other building systems;

(g)

The installation shall be in a location and configuration that prevents glare that interferes with the use and enjoyment of adjacent property or operations of Rocky Mountain Metropolitan Airport.

(R)

City Exemption: All property, uses, structures, and facilities owned or operated by the City or the Westminster Urban Renewal Authority are exempt from complying with all zoning and subdivision regulations and are exempt from all Preliminary Development Plan, Official Development Plan, Specific Plan, and platting procedures contained in this Code. In addition, the purchase and sale of land by the City or the Westminster Urban Renewal Authority for open space, park, rights-of-way, or other public purposes is exempt from complying with all zoning and subdivision regulations and all Preliminary Development Plan, Official Development Plan, Specific Plan, and platting requirements contained in this Code.

(S)

Applicability. For PUD and Specific Plan Districts, the provisions of this section shall apply to the extent not modified in an approved Official Development Plan or Specific Plan for the underlying development within such district.

(2534 2841 2975 3427 3497 3531 3599 3634 3644 3739 3770; Ord. No. 4071, § 2, 5-24-2021; Ord. No. 4078, § 2, 6-28-2021; Ord. No. 4274, § 5, 11-18-2024)

(A)

Authorization: The provisions of this title concerning Planned Unit Development (PUD) districts are enacted pursuant to the home rule provisions of Article XX of the Colorado Constitution and the authority and powers contained in Chapters 2, 4 and 11.5 of the City Charter.

(B)

General Provisions: The PUD District is intended to provide the means and the guidelines through which tracts of land are developed through an overall development plan that integrates the land uses and site considerations for the land as a unit, rather than the traditional standard treatment of land uses in other so-called Euclidian districts in this Code. It is intended to reflect maximum design freedom to make the best use of topography and land features and to permit the developer an opportunity to more fully utilize the physical characteristics of the site through the reduction of lot sizes and the absence of setback and bulk restrictions; to provide for diversification and flexibility in housing types, housing prices, and overall design; to encourage innovative development of smaller parcels of land that have been passed over; to encourage mixed-use developments, including uses such as residential, office, and commercial; and to encourage higher quality development than possible under traditional standard zoning regulations. Through the Planned Unit Development zoning process, it is the intent that property will be developed with a unified design providing continuity between the various elements. However, the PUD zoning process is not intended as a device to circumvent general development regulations, standards, and good planning practice.

(C)

Permitted Uses.

(1)

The following uses are allowed in a PUD district:

(a)

All uses listed as permitted in the O1 District.

(b)

Public utilities.

(c)

Temporary, on-site construction and real estate sales.

(d)

All uses, structures, and facilities owned or operated by the City.

(2)

Any other use may be allowed in a PUD district if said use is listed as an allowed or permitted use in a Preliminary Development Plan and/or an Official Development Plan that has been approved in accordance with this title. Once a Preliminary Development Plan and/or an Official Development Plan has been approved by a particular PUD district, only the listed uses are allowed and the uses allowed under paragraph (1) above are no longer allowed, unless listed. Land uses listed as allowed or permitted on a Preliminary Development Plan shall be subject to further review, adjustment or modification, including elimination of particular uses, as part of the City's review and approval of an Official Development Plan for the property. Final land uses within a Planned Unit Development district shall be those listed on the Official Development Plan for the property.

(3)

All proposed uses in a PUD district must conform with the City's Comprehensive Plan.

(D)

Permitted Density: Permitted density and dimensional requirements shall be as included in a Preliminary Development Plan and/or Official Development Plan approved in accordance with this Code.

(2534 2975 3497 3739)

(A)

General Provisions: The SPD is intended to provide a mechanism for establishing a more fluid and accessible form of classifying and regulating land uses and development within focus areas, defined as such in the Comprehensive Plan. The primary policy objectives and considerations behind a SPD designation include:

(1)

The focus area to which it is attached presents uniquely important development or redevelopment opportunities and benefits to the City;

(2)

The focus area, due to development or redevelopment complexities, is reasonably expected to develop over a longer period of time compared to other developments of the City of similar size;

(3)

The development or redevelopment of the focus area in accordance with its corresponding Specific Plan is considered vital to the success in achieving the primary goals of the Comprehensive Plan;

(4)

The SPD designation is deemed reasonably necessary to accomplish the land use and development objectives of the corresponding focus area;

(5)

The focus area is located near major crossroads or transit centers, and its designation as a SPD is deemed reasonably necessary to develop the focus area as a major City gateway or transit oriented development;

(6)

The SPD and the Specific Plan will promote the creation of a cohesive neighborhood identity within the focus area, which will attract new employers and residents.

(B)

Permitted Uses:

(1)

The following uses are permitted in a SPD District:

(a)

All uses listed as permitted by the Specific Plan for the SPD.

(b)

Public utilities.

(c)

Temporary, on-site construction and real estate sales.

(d)

All uses, structures, and facilities owned or operated by the City.

(2)

All uses in a SPD must conform with the City's Comprehensive Plan.

(3)

All uses in a SPD shall be subject to the limitations, conditions, restrictions, and all other provisions of the SPD's Specific Plan and Official Development Plan, and all applicable provisions of this Code.

(3739)

(A)

It shall be unlawful for any person to establish, maintain, operate or conduct a use listed in subsection (B) below without having first obtained approval of a special use permit pursuant to this section, unless such use is specifically listed as an allowed use in the Official Development Plan of a property located within a PUD district. A permit for a special use may be granted by the Planning Commission after a public hearing meeting the notice requirements of Section 11-5-13, W.M.C. The applicant shall have the burden of establishing that the proposed use shall be for the public good and in the public interest.

(B)

The following special uses may be granted according to the provisions of this section:

(1)

Ambulance Service.

(2)

Animal Day Care, Outdoor.

(3)

Brewery, Distillery, or Winery.

(4)

Donation Center.

(5)

Group Care Facility.

(6)

Institutional Care Facility.

(7)

Kennel.

(8)

Tattoo or Body Piercing Parlor.

(9)

Thrift Stores 5,000 square feet or greater.

(10)

Veterinary Office and Clinic, Outdoor.

(11)

Any use listed in an SPD zone requiring special use approval pursuant to its respective specific plan.

(C)

Application Requirements: All applications for special use permits must include the following information:

(1)

A completed application form provided by the City.

(2)

The required fees for review and public hearing.

(3)

Written description of the proposed use in sufficient detail to allow review and analysis of the operation and its potential impact on the existing neighborhood.

(4)

Legal description and address of the site.

(5)

Detailed site plan showing location of existing and proposed buildings and other structures, parking areas and number of available parking spaces for the special use, ingress and egress, outside trash and storage areas, and type of screening, fencing, and landscaping.

(6)

Vicinity map showing immediately adjacent property, structures, existing land use, existing zoning and Comprehensive Plan classification(s), streets, sidewalks, and curb cuts.

(7)

Existing floor plan and elevation of buildings or proposed construction or modifications as may be applicable.

(8)

Map and list of property owners within 500 feet of the subject property, based upon records of the County Assessor as of a date within 15 days of filing the application. The list and map shall meet the requirements in Section 11-5-13(A)(7), W.M.C.

(9)

In the case of a Group Care Facility or Institutional Care Facility, a map to scale indicating the locations of any other Group Care Facility or Institutional Care Facility within 750 feet of the subject property, measured at the property line.

(10)

In the case of a Tattoo or Body Piercing Parlor, a map to scale indicating the location of any other Tattoo or Body Piercing Parlor within 1,000 feet. Measurement shall occur as prescribed in Section 11-4-13, W.M.C.

(11)

In the case of an Ambulance Service, a map to scale indicating a minimum distance of 500 feet from the boundary of any residential district or the property line of a lot devoted to a residential use regardless of the zoning designation, measured from the property line.

(12)

In the case of a Thrift Store, a map to scale indicating the location of any other Thrift Store within 1,000 feet. Measurement shall occur as prescribed in Section 11-4-13, W.M.C.

(13)

In the case of an Institutional Care Facility, the applicant shall also submit written plans for: security measures to prevent unplanned and unsafe activities on the part of residents; screening measures to prevent the placement of residents with a history of or high risk for violence or abuse of children; the ratio of supervisors to residents; programs for counseling or rehabilitation; the hours per day or week when counseling or rehabilitation programs will be administered; the education, training and other qualifications of all staff members; provisions for recreation, including the areas of the building and site to be used for recreation.

(14)

In the case of an Institutional Care Facility or Group Care Facility, a copy of the approved State license or the application form for such State license showing the use requested.

(15)

In the case of a Brewery, the floor plan must delineate the perimeter of the tap room and outdoor seating, showing maximum occupancy of each, and must show location of product storage. The applicant must also address the following in writing: products to be brewed and production limit of each; plans for wholesale of the manufactured product; plans for truck traffic; days per week and hours per day of operation for the tap room and the manufacturing facility; plans for safe storage and service of manufactured product, including training of servers or sellers; parking plans. The applicant must also provide state discharge permit, if any, and state liquor license and liquor license application.

(16)

In addition, reasonable additional information, including, but not limited to, a traffic study prepared by a professional traffic consultant may be required by the City Manager or designee if required to evaluate the application.

(17)

In the case of a use identified as a special use under Section 11-4-8(B)(11) above, the criteria identified in the respective specific plan must be addressed.

(D)

Application Process:

(1)

The applications for special use permits, together with the required fees, shall be submitted to the Planning Manager.

(2)

The application shall be reviewed by the Planning Manager or designee, who, after review and such additional investigation as the Manager may deem necessary, shall schedule a public hearing before the Planning Commission.

(3)

Notice of public hearing shall meet the notice requirements in Section 11-5-13, W.M.C.

(E)

Planning Commission Review: Within 30 days of its public hearing on the application, or within such other time as the City and the applicant mutually agree, the Planning Commission will either grant the application, with or without modifications and conditions, or deny it. The Commission will review the application, giving due consideration to the criteria listed in this section in making their decision. The decision will set forth the Commission's written findings, stating in what respects the application meets or fails to meet the criteria set forth herein. When granting or denying a Special Use Permit, the Planning Commission may also impose conditions on the granting of a permit, including, but not limited to:

(1)

Requiring buffers or screening between the new activity and adjacent uses;

(2)

Placing limitations on the hours of operation of the use; and

(3)

Making changes in design or layout.

(F)

Special Use Permit Criteria: When considering any application for a special use permit, the Planning Commission shall consider each of the criteria listed below, insofar as each is relevant to the proposed use:

(1)

Impact on the character of the neighborhood.

(2)

Compatibility of the proposed use with existing and planned uses on adjacent properties.

(3)

Activities or uses on the site that generate potential adverse impacts or nuisance effects, such as visual impacts, noise, vibrations, light intensity, odors, loitering, or level of police activity.

(4)

Amount or degree of outdoor activity.

(5)

Hours of operation and deliveries.

(6)

Location and intensity of storage, loading, and delivery areas.

(7)

Adequacy of parking and vehicular access and circulation.

(8)

Traffic volume generated by the proposed use.

(9)

Pedestrian safety.

(G)

Standards of Review: After consideration of the foregoing criteria, the Commission will grant the special use permit if it determines:

(1)

That the proposed use will be reasonably compatible with the surrounding neighborhood;

(2)

That the proposed use will not be in conflict with the policies of the Comprehensive Plan; and

(3)

That the proposed use will meet the following distance limitations:

(a)

The location of any other Group Care Facility or Institutional Care Facility within 750 feet of a Group Care Facility shall preclude the approval of the special use permit.

(b)

The location of any other Group Care Facility or Institutional Care Facility within 750 feet of an Institutional Care Facility shall preclude the approval of the special use permit.

(c)

The location of any other Tattoo or Body Piercing Parlor within 1,000 feet of another such use shall preclude the approval of the special use permit.

(d)

The location of any other Thrift Store within 1,000 feet of another such use shall preclude approval of the special use permit.

(e)

The location of an ambulance service within 500 feet of the boundary of any residential district or the property line of a lot devoted to a residential use, regardless of the zoning designation, will preclude the approval of the special use permit.

(4)

In the case of an Ambulance Service, that the primary vehicular access from the subject property is direct to a four or more lane street and that no outside storage of ambulances occurs.

(5)

In the case of a use identified as a special use under a specific plan, that the criteria identified in the respective specific plan have been met.

(H)

Appeal to City Council: An applicant or the City Manager may appeal to the City Council any final decision of the Planning Commission regarding a special use permit. An appeal shall be taken by filing a written notice of appeal of the decision of the Planning Commission with the City Manager within ten days after the date of such decision. Such notice of appeal shall include the following:

(1)

The action of the Planning Commission that is the subject of the appeal.

(2)

The date of such action.

(3)

The name, address, and telephone number of the appellant.

(4)

A statement setting forth the basis of the appellant's appeal.

Upon the receipt of a timely notice of appeal, the City Manager shall schedule a date for a public hearing before the City Council as expeditiously as possible. The City Manager shall provide the appellant at least ten days' written notice of the date, time and place of the hearing. The City Manager shall also issue the published and posted notices provided for by Section 11-5-13, W.M.C., in advance of the City Council hearing. At its public hearing, if City Council determines all the requirements have been met for perfecting an appeal of the Planning Commission decision pursuant to this section, the City Council shall conduct a de novo hearing on the merits.

(I)

Council Call-Up: Upon the vote of at least four members of Council, any decision of the Planning Commission on a special use permit may be reviewed de novo by Council, if such vote occurs within 14 days of the Planning Commission decision. Notice and scheduling of such hearing shall proceed in the same manner as for an appeal by an applicant or the City Manager, except that the notice shall also state that the hearing is being held upon the request of Council pursuant to this section.

(J)

Transfer: A special use permit shall not be transferred to another person, business, or location.

(K)

Termination:

(1)

A special use permit shall terminate automatically whenever the permitted use is inactive for a period of one year or more.

(2)

The Planning Commission may terminate any special use permit for cause if, after notice and hearing as provided above, it determines that the conditions of approval under which the permit was initially approved are no longer being met.

(L)

State Licensing: In the event a proposed use requires a special use permit, no approval for a business license or a building permit shall be issued until the special use has been approved by the City and the appropriate State license has been issued, and evidence thereof has been provided to the Planning Manager.

(2534 2975 3053 3497 3770; Ord. No. 3869, §§ 1—3, 5-8-2017; Ord. No. 4058, § 2, 1-25-2021)

(A)

It shall be unlawful for any person to establish, maintain, operate, or conduct a use listed in subsection (B) below, without having first met the conditions for approval established by the City.

(B)

The following conditional uses are permitted if they meet the conditions for the particular use, unless a reasonable accommodation has been granted pursuant to subsection (D) below.

(1)

Group home for persons with intellectual and developmental disabilities.

(a)

Receive and maintain state license, if necessary.

(b)

Maintain adequate off-street parking for employees.

(c)

Locate no nearer than 750 feet from another group home.

(2)

Group home for persons with behavioral or mental health disorders.

(a)

Receive and maintain state license, if necessary.

(b)

Maintain adequate off-street parking for employees.

(c)

Locate no nearer than 750 feet from another group home.

(3)

Group home for the aged.

(a)

Receive and maintain state license, if necessary.

(b)

Maintain adequate off-street parking for employees.

(c)

Locate no nearer than 750 feet from another group home.

(d)

Residents do not require life care or nursing facilities as defined by state statute.

(4)

Group home other than (1), (2), or (3) above that are allowed under the provisions of the federal Fair Housing Act, as amended, for any type of protected class or pursuant to any other applicable law.

(a)

Receive and maintain state license, if necessary.

(b)

Maintain adequate off-street parking for employees.

(c)

Locate no nearer than 750 feet from another group home.

(5)

Domestic violence shelter home.

(a)

Maintain adequate off-street parking for employees.

(6)

Thrift store less than 5,000 square feet in gross floor area.

(a)

No outdoor storage of materials.

(b)

No outdoor donation bins.

(c)

No outdoor display of merchandise.

(7)

Any use in a SPD zone requiring conditional use approval pursuant to its respective Specific Plan shall meet the criteria in said plan.

(C)

Application Requirements: Applicants for conditional uses shall include the following information:

(1)

A completed application form provided by the City.

(2)

The required fee for review, except that no fee shall be charged for the review of any conditional use for any group home.

(3)

Written description of the proposed use.

(4)

Legal description and address of the site.

(5)

The zone district and Comprehensive Land Use designation of the subject property.

(D)

Application Process:

(1)

An application for a conditional use shall be submitted to the Planning Manager.

(2)

The application shall be reviewed by the Planning Manager or designee to determine that the conditions required by subsection (B) above have been met. Review of a conditional use to ensure compliance with the conditions established by this section shall be obtained prior to establishing any of the uses listed above. If the review determines that one or more of the conditions required to establish a conditional use have not been met, the City will notify the applicant in writing describing the condition or conditions that have not been satisfied.

(3)

In the event a proposed use is allowed as a conditional use, no approval for a business license or building permit shall be issued until the conditional use has been reviewed by the City to ensure that the conditions established in this section have been met.

(4)

In the event that an applicant requests a reasonable accommodation to the Code requirements for a group home, in addition to providing information listed in subsection (C) above, the applicant shall provide an explanation of the need for the reasonable accommodation addressing the following criteria:

(a)

Demonstrate that the group home serves residents that meet the definition of disability in the federal Fair Housing Act.

(b)

Demonstrate that there is a relationship between the disability and the need for the requested reasonable accommodation.

(c)

Demonstrate that without the reasonable accommodation the property cannot be fully used by the residents.

(d)

Demonstrate that the reasonable accommodation, if granted, will not adversely affect the use of adjacent property.

(e)

Demonstrate that the reasonable accommodation, if granted, will not constitute a direct threat to the health or safety of any residents of the City.

(f)

For group homes requesting a reasonable accommodation relief from the minimum 750-foot spacing requirement, demonstrate that adequate parking will be available for the group home's residents and employees.

(5)

In order to grant any requested reasonable accommodation, the Planning Manager shall find that the criteria listed in subsection (4) above have been satisfied and that the reasonable accommodation will not fundamentally alter the intent or purposes of Title XI, W.M.C.

(6)

An applicant may appeal a Planning Manager's denial of a request for reasonable accommodation by filing a written request for appeal to the City Manager within ten days of said denial, which appeal shall be decided by the City Manager within 30 days of its receipt.

(E)

Transfer: A conditional use shall not be transferred to another person, business, or location.

(F)

Termination:

(1)

A conditional use shall terminate whenever the permitted use is inactive for a period of one year or more.

(2)

A conditional use shall automatically terminate if the conditions of approval are no longer being met.

(G)

Conditional Uses Permitted: Conditional uses listed in subsections (B)(1), (2), (3), (4) and (5) above that meet the requirements of this section may be located in any residential zone districts and residential areas of a PUD or SPD zone district.

(2534 2975 3053 3497; Ord. No. 3869, § 4, 5-8-2017; Ord. No. 3926, § 3, 3-26-2018)

(A)

Occupations Permitted: Home occupations that meet the criteria of this chapter may be operated in connection with the occupation of a dwelling unit within any zoning district, including the residential areas of a PUD zone.

(B)

Limitations to Home Occupations: The home occupations herein permitted shall only be operated subject to all of the following additional limitations:

(1)

The use shall operate in its entirety within the dwelling unit and only by persons residing in the dwelling.

(a)

With the exception of the use of outdoor swimming facilities for limited water safety instruction purposes, outdoor activity will be limited to the following:

(i)

No more than two students instructed at any one time (preparing for the lesson or being instructed).

(ii)

This activity can only be conducted during the months of April, May, June, July, August, September and October.

(iii)

The participants must be no older than seven years of age.

(iv)

Instruction may occur only between the hours of 8:00 a.m. and 7:00 p.m.

(v)

Any such home occupation shall be certified by the requirements of the American Red Cross or certified by programs such as the Infant Swimming Research Program.

(2)

The use shall not have a separate entrance from outside the building, unless otherwise required by State law or regulation, except for the limited outdoor pool instruction noted in (1)(a) above, which may be accessed through an outside gate.

(3)

The operator of the home occupation shall not display or create outside the building any external evidence of the operation of the home occupation, except one unanimated, non-illuminated flat wall or window sign having an area of not more than one square foot.

(4)

The use shall not exclusively utilize more than 20 percent of the gross floor area of the dwelling as defined by the International Building Code, or 300 square feet, whichever is less. A garage shall not be utilized for, or in conjunction with, a home occupation.

(5)

The home occupation shall not employ, for a fee or otherwise, any person in the conduct of the home occupation who does not reside in the dwelling unit. (This limitation does not apply to family care homes.)

(6)

No motors shall be used in the conduct of the home occupation, except electric motors having two horsepower or less.

(7)

The home occupation shall clearly be incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character of the dwelling or of the neighborhood by excessive noise, lights, traffic, or other disturbances.

(8)

An occupation, activity, or use that requires a special use permit pursuant to Section 11-4-8, W.M.C., is not a home occupation under this chapter.

(C)

License Required: It shall be unlawful to operate a home occupation otherwise permitted under this Code without first obtaining a license for such occupation. Licensing procedures are established in Chapter 3 of Title V of this Code.

(D)

Nuisance: A home occupation being conducted without a home occupation license or in violation of any provision of this section shall be deemed a public nuisance and may be abated pursuant to Title VIII, Chapter 4, of this Code.

(2534; Ord. No. 4103, § 2, 12-13-2021)

Editor's note— Ord. No. 3891, § 5, adopted June 26, 2017, repealed § 11-4-11, which pertained to Antennas, Towers and Telecommunication Facilities and derived from 2534 3135 3555 3586 3634.

(A)

Purpose and Intent: The City hereby recognizes that satellite earth stations are an important means of audio and visual communication for the convenience of the public. It is the intent of this chapter to address the rights to use satellite earth stations; to promote the free flow of information; to encourage the development of new communication technologies and services; to ensure that satellite earth stations do not negatively impact the public health, safety, visual environment and welfare of the community; to protect the public from the hazard of satellite earth stations that are structurally unsafe or that obscure the vision of motorists; and to promote the use of satellite earth stations that are well designed and compatible with the surroundings.

(B)

Definitions: The following words, terms, and phrases, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:

Neutral Color shall mean a color of a blending character that is unobtrusive and natural.

Satellite Earth Station shall mean an antenna, often dish-shaped, designed to receive television broadcasts. A satellite earth station has the following elements: a low-noise amplifier (LNA) that is situated at the focal point of the receiving component, and that magnifies and transfers signals; and a coaxial cable that carries signals to the interior of a building. Satellite earth station includes, but is not limited to, an antenna or satellite dish capable of receiving signals from direct broadcast satellites (DBS), multichannel multipoint distribution (wireless cable) providers (MMDS), and television broadcast stations (TVBS).

(C)

Installation Permit Required:

(1)

A satellite earth station shall be considered a structure. No person shall install a satellite earth station exceeding one meter (39 inches) or mounted on a mast higher than 12 feet in the City, or cause the same to be done, without first obtaining a building permit.

(2)

A temporary use permit for use of a satellite earth station exceeding one meter (39 inches) or mounted on a mast higher than 12 feet may be obtained in nonresidential districts for a period not to exceed 30 days in any year. The Department of Community Services shall establish criteria for such permits for purposes that shall include, but not be limited to, teleconferencing.

(3)

Procedures for obtaining a building permit or temporary use permit shall be established by the Department of Community Services.

(4)

The fee for a building permit to install a satellite earth station exceeding one meter (39 inches) or mounted on a mast higher than 12 feet shall be $25.00 plus use tax pursuant to Chapter l2, Title V, of this Code. The fee for a building permit to install a temporary satellite earth station shall be $10.00.

(5)

A current business license and contractor's license shall be required for any person installing a satellite earth station within the City limits of the City.

(6)

The lawful use and location of any satellite earth station existing at the time of enactment of this section may be continued, even though such use or location does not conform to the requirements of this section. Ordinary repairs and maintenance of a nonconforming satellite earth station shall be permitted. Whenever a nonconforming satellite earth station has not been used for a period of one year, such use thereafter shall not be reestablished and any future use shall be in conformance with the provisions of this section.

(D)

Restrictions on Satellite Earth Stations Installed in Residential Districts:

(1)

Dimension.

(a)

A satellite earth station antenna shall not exceed ten feet (10′) in diameter or width or length.

(b)

A satellite earth station shall not rise more than 13 feet from the ground in height. Height shall be measured vertically from the ground immediately adjacent to the base that supports the antenna to the highest point of the antenna or dish when positioned for operation.

(2)

Location.

(a)

Satellite earth stations shall be installed behind the front setback of the principal building. Not more than one satellite earth station may be installed on an individual lot. A satellite earth station may be located in the side setback of a corner lot when the rear setback location does not provide acceptable reception. Approval for a side setback installation shall be noted on the building permit.

(b)

The minimum setback from the property line for a satellite earth station shall be ten feet, or as necessary for the maintenance of a clear vision zone for adjacent street traffic.

(3)

Foundation. A satellite earth station shall be permanently ground mounted on a foundation that is adequate for design wind loads, pursuant to provisions of the International Building Code and local basic wind speed criteria. No satellite earth station may be installed or operated from a portable or movable structure, such as a trailer, except for temporary demonstration purposes not to exceed 72 hours.

(4)

Electrical Connection. The electrical connection to the satellite earth station shall be low voltage direct or pulsed current; except that, where the device connected is Underwriter Laboratory approved, alternating current will be acceptable pursuant to National Electric Code requirements.

(5)

Maintenance. Satellite earth stations shall be kept painted, clean and otherwise maintained in good condition.

(6)

Chains or Gears Shall Not be Exposed.

(7)

Color. A satellite earth station shall be a neutral color, black or earth tones.

(8)

Satellite earth stations shall not be allowed to display any advertising in a residential district.

(E)

Restrictions on Satellite Earth Stations Installed in Nonresidential Districts.

(1)

Dimension.

(a)

A satellite earth station foundation shall not exceed 13 feet in diameter or in width or in length.

(b)

A ground mounted satellite earth station shall not rise more than 15 feetfeet in height. Height shall be measured vertically from the bottom ground immediately adjacent to the base that supports the antenna to the highest point of the antenna or dish when positioned for operation.

(2)

Location.

(a)

A satellite earth station shall be installed either to the rear or side of the building, and the support system shall be recessed, or it shall be mounted on the roof pursuant to subsection (E)(3) of this section. Approval for an installation that varies from this requirement shall be noted on the building permit.

(b)

A ground mounted satellite earth station shall be no further from the building than is required for proper operation, and in no case shall the setback be less than the mounted height of the satellite earth station.

(3)

Foundation or Mount.

(a)

A satellite earth station foundation shall be stationary, unless approved for temporary use not to exceed 72 hours. The permanent foundation shall be adequate for design wind loads pursuant to the provision of the International Building Code and local basic wind speed criteria.

(b)

A satellite earth station may be installed on the roof of a building no less than 25 feet from all sides of roof parapets, and shall be designed and constructed to resist all gravity loads and wind effects pursuant to the International Building Code. When deemed necessary by the Building Division, the City shall have the option to require that structural calculations be provided and stamped by a State-licensed engineer.

(4)

Electrical Connection. The electrical connection to the satellite earth station shall be low voltage direct or pulsed current; except that, where the device connected is Underwriter Laboratory approved, alternating current will be acceptable pursuant to National Electric Code requirements.

(5)

Maintenance. Satellite earth stations shall be kept painted, clean and otherwise maintained in good condition.

(6)

Chains or Gears Shall Not be Exposed.

(7)

Color. A satellite earth station shall be a neutral color, black or earth tones.

(8)

Satellite earth stations shall not be allowed to display any advertising in a nonresidential district.

(F)

Inspection: Every installation of a satellite earth station exceeding one meter (39 inches) or mounted on a mast higher than 12 feet shall be inspected by the Building Division.

(G)

No exterior display or storage of satellite earth stations shall be allowed in conjunction with the wholesale and retail sale of satellite earth stations.

(H)

Penalty: It shall be unlawful to violate a provision of this section. Any person convicted of a violation of this section may be fined an amount not to exceed $300.00.

(I)

Variances:

(1)

Any person may seek to vary the provision of subsection (D)(2) of this section by applying to the Planning Manager. The decision of the Planning Manager may be appealed to the Planning Commission.

(2)

All requests to vary the setback requirements of subsection (D)(2) shall be made in writing on a form provided by the City.

(3)

Special circumstances or conditions, such as the following, may justify the granting of a variance:

(a)

Existence of buildings, topography, vegetation, satellite structures, or other matters on adjacent lots or within the adjacent public right-of-way that would substantially restrict the effectiveness of the satellite earth station. Such special circumstances or conditions must be peculiar to the particular residence, business, or enterprise of the applicant and not applicable generally to all residences, businesses, or enterprises.

(b)

The variance, if authorized, will weaken neither the general purpose of the satellite earth station ordinance nor the regulations prescribed for the zoning district on which the satellite earth station is located.

(c)

The variance, if authorized, will not alter the essential character of the zoning district in which the satellite earth station is located.

(d)

The variance, if authorized, will not substantially or permanently injure the appropriate use of adjacent conforming property.

(2534 3555; Ord. No. 4255, § 7, 7-22-2024)

(A)

Findings of Fact: The City Council hereby finds:

(1)

There are a substantial number of adult businesses in the Denver metropolitan area that require special supervision from the public safety agencies, in order to protect and preserve the health, safety, and welfare of the patrons of such businesses, as well as the citizens of the area.

(2)

Adult businesses are frequently used for unlawful and unhealthful sexual activities, including prostitution and sexual liaisons of a casual nature.

(3)

The concern over sexually transmitted diseases is a legitimate health concern of the City that demands reasonable regulation of adult businesses in order to protect the health and well-being of the citizens.

(4)

There is convincing documented evidence that adult businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas, causing increased crime and the downgrading of property values.

(5)

It is recognized that adult businesses, due to their nature, have serious objectionable characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area.

(6)

The City Council desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight.

(7)

The City Council has previously acted to regulate the location and operation of other types of businesses that cause secondary effects, such as pawnshops and social gaming outlets. This ordinance is part of an overall plan to improve and protect the quality of life from the secondary effects of a variety of activities through reasonable regulation and land use controls.

(8)

It is not the intent of this ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance that addresses the secondary effects of adult businesses.

(9)

It is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the Council recognizes that State law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce anti-obscenity laws against any such illegal activities that are now occurring or may occur in the future within the City.

(B)

Purpose and Intent: It is the purpose of this ordinance to regulate adult businesses to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of adult businesses within the City. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. It is not the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material.

(C)

Definitions: The definitions contained in Section 5-17-2, W.M.C., shall apply to the same terms found in this section.

(D)

Location of Adult Businesses:

(1)

It shall be unlawful to operate or cause to be operated an adult business outside a designated PUD district. All adult businesses shall be located within a PUD district and are subject to the same regulation as all other PUD uses.

(2)

It shall be unlawful to operate or cause to be operated an adult business within 1,000 feet of:

(a)

A church;

(b)

A public or private preschool, day care center, elementary or secondary school;

(c)

A public park;

(d)

A boundary of any residential district;

(e)

The property line of lot devoted to residential use, regardless of the zoning designation.

(3)

It shall be unlawful to cause or permit the operation, establishment, substantial enlargement, or transfer of ownership or control of an adult business within 1,000 feet of another adult business.

(4)

It shall be unlawful to cause or permit the operation, establishment, or maintenance of more than one adult business in the same building, structure, or portion thereof, or the increase of floor areas of any adult business in any building, structure, or portion thereof containing another adult business.

(5)

For the purpose of this ordinance, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult business is conducted, to the nearest property line of the premises of a church or public or private preschool, day care center, or elementary or secondary school, a public park, or to the nearest boundary of a residential district or residential lot.

(6)

For purposes of subsection (3) of this section, the distance between any two adult businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

(7)

Any adult business lawfully operating on September 25, 1990, that is in violation of subsection (1) through (6) of this section shall be deemed a nonconforming use. The nonconforming use shall be permitted to continue to operate unless abandoned as provided in Section 11-4-15, W.M.C. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use.

(8)

An adult business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, public or private preschool, day care center, or elementary or secondary school, public park, residential district, or a residential lot within 1,000 feet of the adult business. This applies only to the renewal of a valid license and does not apply when an application for a license is submitted after the license has expired or has been revoked.

(E)

Exemptions: The restrictions contained in this section shall not apply to any business that is not required to be licensed pursuant to Chapter 23 of Title V.

(F)

Penalties: It shall be unlawful for any person to violate a provision of this chapter or knowingly to permit any patron to violate the requirements of this chapter. Violators shall be subject to the penalties provided by Section 1-8-1, W.M.C., and may also be subject to civil remedies provided by Chapter 4 of Title VIII of this Code. A separate offense shall be deemed committed upon each day such person is in violation of this chapter.

(G)

Severability. If any provision of this section is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this section are valid, unless it appears to the court that the valid provisions of this section are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed that the City Council would have enacted the valid provisions without the void provision, or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.

(2534 2687 2975)

(a)

Purpose. This Section is enacted to protect the public's health, safety, and welfare of all residents of the City and to safeguard the environment and wildlife resources in relation to oil and gas development.

On April 16, 2019, the Governor signed Senate Bill 19-181 - Protect Public Welfare Oil and Gas Operations ("SB 19-181") that grants municipalities more authority to regulate surface and nuisance impacts of oil and gas operations. SB 19-181 permits municipalities to regulate the surface impacts of oil and gas operations through its land use and zoning powers in a reasonable manner to protect and "minimize adverse impacts" to public health, safety, and welfare, the environment, and wildlife resource.

"Minimize adverse impacts" means, to the extent necessary and reasonable, to protect public health, safety, and welfare, the environment, and wildlife resources by avoiding adverse impacts from oil and gas operations and minimizing and mitigating the extent and severity of those impacts that cannot be avoided.

SB 19-181 permits municipalities to enact regulations that address the following matters: siting and location of oil and gas operations; impacts to public facilities and services; water quality and source; noise; vibration; odor; light; dust; air emissions and air quality; land disturbance; reclamation procedures; cultural resources; emergency preparedness and coordination with first responders; security; traffic and transportation impacts; financial securities; indemnification and insurance to ensure compliance with the regulations; and, all other nuisance-type effects of oil and gas operations.

To implement such powers and authority, SB 19-181 specifically gives municipalities additional authority to: inspect all facilities subject to regulation; impose fines for leaks, spills, and emissions; and, impose fees on operators or owners to cover the reasonably foreseeable direct and indirect costs of permitting and regulation and the costs of any monitoring and inspection program necessary to address the impacts of development and to enforce municipal requirements.

Prior to the adoption of SB 19-181, State law preempted municipalities from adopting laws that were in operational conflict with rules for oil and gas development set forth in either the Oil and Gas Conservation Act or in the rules and regulations of the Colorado Oil and Gas Conservation Commission ("COGCC").

As the oil and gas industry seeks to obtain the necessary land use approvals relating to its extraction of mineral resources in and around populated areas, it has begun encroaching on residential areas. Accidents related to oil and gas development have highlighted the risks associated with this industrial activity. As such, the City is hereby implementing amended regulations for oil and gas operations and exercising all the authority granted to it under SB 19-181 in a manner to protect and minimize adverse impacts to public health, safety, and welfare, the environment, and wildlife resource within the City.

Nothing in this Section shall be construed as giving the City authority to enforce State or federal laws, rules, or regulations.

(b)

Definitions. All terms used in this Section that are defined in the Act or in the COGCC rules and regulations and are not otherwise defined in this Section shall have the same meaning as provided in the Act or in such rules and 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 otherwise clearly indicated by the context, the following words and phrases used in this Section, whether capitalized or not, have the following meanings:

Accessory Equipment shall mean any equipment that is integral to the production and operation of an oil or gas well, including, but not limited to, tanks, treaters, separators, and production pits.

Act shall mean the Oil and Gas Conservation Act of the State of Colorado at Sections 34-60-101, et seq., C.R.S.

Berm shall mean an earthen barrier of compacted soils preventing the passage of liquid materials, or providing screening from adjacent uses, as may be specified in an applicable design standard.

Code shall mean the Westminster Municipal Code.

COGCC shall mean the Colorado Oil and Gas Conservation Commission of the State of Colorado.

Covered Process shall mean any process at an oil and gas facility.

Crude Oil Transfer Line shall mean a piping system that is not regulated or subject to regulation by the PHMSA, pursuant to 49 C.F.R. Section 195 Subpart A, and that transfers crude oil, crude oil emulsion, or condensate from more than one well site or production facility to a production facility with permanent storage capacity greater than 25,000 barrels of crude oil or condensate or a PHMSA gathering system. 49 C.F.R. Section 195 Subpart A, in existence as of the date of this regulation and not including later amendments, is available for public inspection during normal business hours from the Public Room Administrator at the office of the COGCC, 1120 Lincoln Street, Suite 801, Denver, Colorado 80203. Additionally, 49 C.F.R. Section 195 Subpart A may be found at https://www.phmsa.dot.gov.

Cumulative Impact shall mean the impact on the environment which results from the incremental impact of the proposed oil and gas facility when added to other past, present, and reasonably foreseeable future actions regardless of what person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time.

Day shall mean a period of 24 consecutive hours.

Director shall mean the Director of Community Services or his/her designee.

Financial Security shall mean a surety bond, cash collateral, certificate of deposit, letter of credit, sinking fund, escrow account, lien on property, security interest, guarantee, or other instrument or method in favor of and acceptable to the City. With regard to third party liability concerns related to public health, safety, and welfare, the term encompasses general liability insurance, sudden, and accidental pollution liability insurance and gradual pollution liability insurance.

Flowline shall mean a segment of pipe transferring oil, gas, or condensate between a wellhead and processing equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public Utilities Commission regulated gathering line or a segment of pipe transferring produced water between a wellhead and the point of disposal, discharge, or loading. This definition of flowline does not include a gathering line. The different types of flowlines are:

Wellhead Line shall mean a flowline that transfers well production fluids from an oil or gas well to process equipment (e.g., separator, production separator, tank, heater treater), not including pre-conditioning equipment such as sand traps and line heaters, which do not materially reduce line pressure.

Production Piping shall mean a segment of pipe that transfers well production fluids from a wellhead line or production equipment to a gathering line or storage vessel and includes the following:

Production Line shall mean a flowline connecting a separator to a meter, LACT, or gathering line.

Dump Line shall mean a flowline that transfers produced water, crude oil, or condensate to a storage tank, pit, or process vessel and operates at or near atmospheric pressure at the flowline's outlet.

Manifold Piping shall mean a flowline that transfers fluids into a piece of production facility equipment from lines that have been joined together to comingle fluids.

Process Piping shall mean all other piping that is integral to oil and gas exploration and production related to an individual piece or a set of production facility equipment pieces.

Gas Well shall mean a well, the principal production of which at the mouth of the well is gas, as defined by the Act.

Off-Location Flowline shall mean a flowline transferring produced fluids (crude oil, natural gas, condensate, or produced water) from an oil and gas location to a production facility, injection facility, pit, or discharge point that is not on the same oil and gas location. This definition also includes flowlines connecting to gas compressors or gas plants.

Peripheral Piping shall mean a flowline that transfers fluids such as fuel gas, lift gas, instrument gas, or power fluids between oil and gas facilities for lease use.

Produced Water Flowline shall mean a flowline on the oil and gas location used to transfer produced water for treatment, storage, discharge, injection, or reuse for oil and gas operations. A segment of pipe transferring only freshwater is not a flowline.

Flowline Exclusion shall mean a line that would otherwise meet any of the foregoing descriptions will not be considered a flowline if all of the following are satisfied:

• the operator prospectively marks and tags the line as a support line,

• the line is not integral to production.

• the line is used infrequently to service or maintain production equipment.

• the line does not hold a constant pressure.

• the line is isolated from a pressure source when not in use.

Habitat Protection Area shall mean areas specifically designated by the City as having a high value and high quantity of wildlife and/or plant habitat. Such areas shall not be used for any surface oil and gas facility. A record of the boundaries of these areas established pursuant to this Section shall be maintained by the Planning Manager, which record is by reference hereby made a part of this Title.

Incident shall mean any event classified as a blowout, collision, explosion, fatality, fire, injuries requiring medical treatment, Grade 1 gas leak, or spill greater than five barrels.

Inherently Safer Systems shall mean feasible alternative equipment, processes, materials, lay-outs, and procedures meant to eliminate, minimize, or reduce the risk of a safety event, spill, release, or Grade 1 gas leak, by modifying a process rather than adding external layers of protection. Examples include, but are not limited to, substitution of materials with lower vapor pressure, lower flammability, or lower toxicity; isolation of hazardous processes; and use of processes which operate at lower temperatures and/or pressures.

Injection Well shall mean any hole drilled into the earth into which fluids are injected for the purposes of secondary recovery, storage, or disposal of wastewater pursuant to authorizations granted by the COGCC.

Inspector shall mean any person designated by the Director who shall have the authority to inspect an oil and gas facility to determine compliance with this Section and other applicable ordinances of the City.

Minimize Adverse Impacts means, to the extent necessary and reasonable, to protect public health, safety, and welfare, the environment, and wildlife resources by avoiding adverse impacts from oil and gas operations and minimizing and mitigating the extent and severity of those impacts that cannot be avoided.

Occupied Building Units shall mean any building or structure that requires a Certificate of Occupancy or building or structure intended for human occupancy, including homes, schools, and hospitals.

Oil and Gas Facility or Facilities shall mean the equipment and improvements used for the exploration, production, transportation, treatment, and/or storage of oil and gas and waste products, including: an individual well pad built with one or more wells and operated to produce liquid petroleum and/or natural gas, including associated equipment required for such production; flowlines and crude oil transfer lines and ancillary equipment including but not limited to drip stations, vent stations, pigging facilities, chemical injection stations and valve boxes; and temporary storage and construction staging yards in place for less than six months.

Oil and Gas Location shall mean a definable area where an operator has disturbed or intends to disturb the land surface in order to locate an oil and gas facility.

Oil Well shall mean a well, the principal production of which at the mouth of the well is oil, as defined by the Act.

Operating Plan shall mean a general description of a facility identifying purpose, use, typical staffing pattern, seasonal or periodic considerations, routine hours of operating, source of services, infrastructure, and any other information related to regular functioning of such facility.

Operator shall mean any person who exercises the right to control the conduct of an oil and gas facility.

Owner shall mean the person who has the right to drill into and produce from a pool and to appropriate the oil or gas produced therefrom either for such owner or others, including owners of a well capable of producing oil or gas, or both.

PHMSA means the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration.

Pipeline shall mean a flowline, crude oil transfer line or gathering line as defined by the COGCC.

Process Hazard Analysis shall mean a qualitative, semi-quantitative or quantitative analysis of a process, involving the identification of individual hazards of a process, determination of the mechanisms by which hazards could give rise to undesired events, and evaluation of the consequences of these events on health, property and the environment.

Production Pits shall mean pits used after drilling operations and initial completion of a well, including pits related to produced water flowlines or associated with E&P waste from gas gathering, processing, and

Storage Facilities, which constitute:

-Skimming/ Settling Pits used to provide retention time for settling of solids and separation of residual oil for the purposes of recovering the oil or fluid.

-Produced Water Pits used to temporarily store produced water prior to injection for enhanced recovery or disposal, off-site transport, or surface-water discharge.

-Percolation Pits used to dispose of produced water by percolation and evaporation through the bottom or sides of the pits into surrounding soils.

-Evaporation Pits used to contain produced waters which evaporate into the atmosphere by natural thermal forces.

PUC shall mean the Colorado Public Utilities Commission.

Reentering shall mean accessing an existing well bore for either the original or amended purpose, provided that such well has not been abandoned.

Risk Analysis shall mean an analysis performed using the 2016 ISO 17776 standard or similar industry accepted standard acceptable to the City. The risk analysis shall identify enforceable mitigation measures to be included as conditions of approval on the oil and gas permit.

Root Cause shall mean prime reasons, such as failures of same management systems that allow faulty design, inadequate training, or improper changes, which lead to an unsafe act or condition and result in an incident. If root causes were removed, the particular incident would not have occurred.

Sidetracking shall mean entering the same well from the surface, but not necessarily following the same well bore throughout its subsurface extent, when deviation from such well bore is necessary to reach the objective depth.

Standley Lake Source Water Protection Zone shall mean the area surrounding and over Standley Lake that is hydraulically connected to Standley Lake and is protected by the Standley Lake bypass system. This area directly impacts the City's sole drinking water supply and shall not be used for any surface oil and gas facilities or below grade flowlines. A record of the boundaries of this area established pursuant to this Section shall be maintained by the Planning Manager, which record is by reference incorporated herein.

Surface Water Supply Source shall mean any water source including, but not limited to, ditch, reservoir, pond, creek, and river that is utilized for the conveyance, storage, or supply of drinking or irrigation water.

Treatment Facilities shall mean any plant, equipment or other works used for the purpose of treating, separating, or stabilizing any substance produced from a well.

Twinning shall mean the drilling of a well adjacent to or near an existing well when the existing well cannot be drilled to the objective depth and/or produced due to an engineering problem, such as collapsed casing or formation damage.

Water Bodies shall mean reservoirs, ponds, ditches, creeks, rivers, floodplains, and flood ways.

Well shall mean an oil or gas well, a hole drilled for the purpose of producing oil or gas, a well into which fluids are injected, a stratigraphic well, a gas storage well, or a well-used for the purpose of monitoring or observing a reservoir.

Well Head shall mean the equipment attaching the surface equipment to wellbore equipment at the well.

Well Site shall mean the areas that are directly disturbed during the drilling and subsequent operation of, or affected by production facilities directly associated with, any oil well, gas well, or injection well and its associated well pad.

Woman Creek Reservoir Protection Zone shall mean the area surrounding and over Woman Creek Reservoir which is critical to the protection of the City's drinking water supply. This area shall not be used for any surface oil and gas facilities or below grade flowlines. A record of the boundaries of this area established pursuant to this Section shall be maintained by the Planning Manager, which record is by reference incorporated herein.

Working Pad Surface shall mean the portion of an oil and gas location that has an improved surface upon which oil and gas operations take place.

(c)

General Provisions.

(1)

Violations. Within all zoning districts, including PUD:

(a)

It shall be unlawful for any person to drill a well, or reactivate a plugged or abandoned well, extract resources from a well, install accessory equipment or pumping systems, or construct a facility that has not been previously approved under this Section, unless an ODP authorizing such activity or use has first been granted by the City in accordance with the procedures defined in this Section. This prohibition shall not apply to a well that has been approved by the City in an ODP prior to the effective date of this Section, except when any new accessory equipment is installed on an oil and gas facility that was not previously approved on an ODP. When a well has been approved pursuant to this Section, the twinning, sidetracking, or reentering of such well for the purposes of deepening, recompleting, or reworking shall not require a subsequent approval under this Section. The approval of such ODP shall not relieve the owner or operator from otherwise complying with all applicable City, State and federal regulatory requirements.

(b)

It shall be unlawful for any person to drill a well on City owned open space, parks, and golf courses.

(2)

Inspections. In recognition of the potential impacts associated with oil and gas facilities, all wells and accessory equipment and structures may be examined by the inspectors of the City to determine compliance with applicable provisions of this Section, the International Fire Code, the International Building Code, and all other applicable standards in this Title. For the purpose of implementing and enforcing the provisions of this Section, the inspector and other authorized personnel have the right to enter upon private property after reasonable notification to the operator, which provides the operator an opportunity to be present. The City may use the information collected on the inspections to enforce the requirements of this Section. The City may also report this information to appropriate State and federal officials, including, but not limited to, information regarding alleged violations of State and federal rules. The operator shall make available to the City, upon request, all records required to be maintained by these regulations and the following agencies: the CDPHE, including permits, Air Pollutant Emission Notices, and other documents required to be maintained by CDPHE, COGCC, PUC, PHMSA, and these regulations.

(3)

Notifications. The operator shall provide the following notices to the City:

(a)

Ten day prior notice of removal of any tank or other equipment.

(b)

Thirty day prior notice of all activities associated with plugging and abandonment of well(s).

(c)

Ten day prior notice of cutting and capping of abandoned well(s).

(d)

Thirty day prior notice of post-plugging and abandonment of well(s) accompanied by photograph of welded cap on well with API number of well, plaque, and GPS coordinates of well(s).

(e)

Thirty day prior notice of planned maintenance activities and workover activities. Operator must submit 20 day clearance letter prior to conducting planned maintenance activities and workover activities.

(f)

Ten day post notice of maintenance activities taken in response to emergencies.

(g)

Thirty day prior notice of planned shutdown of a well.

(h)

Thirty day prior notice of commencement of drilling, flowback, hydraulic fracturing or production.

(i)

Sixty day prior notice of reactivation of temporarily closed, temporarily abandoned, or shut in wells.

(j)

Any other notices required by these regulations.

(4)

Reports. The operator shall submit all reports required by these regulations electronically.

(5)

Access to Information. The operator shall make any and all information regarding operations or activities at the facility available to the City upon request in order to allow the City to ensure continued compliance with these regulations or the ODP. The operator shall provide any information requested by the City as needed to ensure the facility is meeting its continued obligation to protect and minimize adverse impacts to public health, safety and welfare, the environment, and wildlife resources.

(6)

Sales and Use Tax License. An operator of a well subject to the provisions of this Section shall at all times have a valid City sales and use tax license. Such license may be obtained by filing an application with the City Clerk. All operators shall comply with applicable provisions of Title IV of this Code relating to taxation.

(7)

Land Disturbance Permit. A land disturbance permit shall be obtained prior to the grading or construction of any improvements for an oil and gas facility.

(8)

Building Permit. Building permits shall be obtained prior to the construction of any above-ground structure to the extent required by the City Building Code.

(d)

Review Required. Within all zoning districts, including PUD, when an applicant wishes to drill a well, reactivate a plugged or abandoned well, extract resources from a well, install accessory equipment or pumping systems, or construct a facility that has not been previously approved under this Section, it is unlawful for any person to perform any such activity, unless an ODP has first been reviewed by the Planning Commission and approved by the City Council pursuant to this Section. When an ODP has been approved for a well, the reentering of such well for the purposes of deepening, recompleting, or reworking shall not require a subsequent approval under this Section, unless such work requires a new or modified ODP from the City. The approval of such use by ODP does not relieve the operator from otherwise complying with all applicable City, State, and federal regulatory requirements.

The operator shall submit an application for an ODP each time an existing oil and gas facility undergoes a substantial modification. Substantial modification includes removal, replacement or modification of equipment, or similar changes to the facility that increase harmful emissions, noise, or odor, or other modifications to the facility that adversely impact public health, safety, welfare, the environment, or wildlife resources. Substantial modifications do not include minor changes that provide equivalent or greater protections than those required under this Section.

(e)

Official Development Plan Review Process for Oil and Gas Operations.

(1)

Pre-Application Materials Submitted by Operator to Staff. Prior to the submission of an application for an ODP, the operator shall submit the operator name, parent companies or related companies, demonstration of financial capability of operator to comply with these regulations, previous violations of any local, State, or federal rule or law of the operator within the last ten years, three proposed locations of the facility, number of wells and access points, size of well pad, amount and type of equipment, proposed pipeline routes and any previous spacing unit approvals, and proof of ownership and access to the oil and/or gas reserves that will be extracted.

(2)

Pre-Application Meeting. Following the submission of pre-application materials, the operator shall meet with the City to review the proposed new well or facility. The goal of this meeting shall be for the City staff and the operator to review the proposed oil and gas facility in a manner that ensures compliance with these regulations and applicable State and federal regulations. The pre-application meeting shall also allow the operator and City staff to explore site-specific concerns associated with the proposed locations, discuss project impacts and potential mitigation methods, including field design and infrastructure construction to avoid or minimize impacts, to discuss coordination of field design with other existing or potential development and operators, to identify sampling and monitoring plans for air and water quality, and other elements as required by these regulations.

(3)

Notice of Pre-Application. The operator shall mail pre-application notices 90 days prior to submission of any ODP application to the City and prior to submittal of any Form 2 or 2A to the COGCC. The operator shall pay for the cost of mailing notices. Notice shall include number of wells, size of well pad, type and measurements of proposed major equipment. Owners of record shall be ascertained according to the records of the Clerk and Recorder of Adams County or Jefferson County, whichever is applicable. Notice shall be made as follows:

(a)

To the City, to surface owners, and all property addresses of the parcels of land on which the oil and gas facility is proposed to be located.

(b)

To all property addresses and property owner addresses, if not the same, of parcels of land within 2,640 feet of the parcel on which the oil and gas facility is proposed to be located.

(c)

It shall be the responsibility of the applicant to:

(i)

Prepare the list of addresses to which notices are required to be sent under subsection (a) and (b), above. Such list shall contain the name and mailing address of property owners from the County Assessor's records and City address records.

(ii)

Prepare an accurately scaled map using County Assessor's maps identifying the subject site, and the location of the properties to be notified.

(iii)

Deliver to the Planning Manager the items listed in paragraphs (i) and (ii) above in a City-approved format at least 15 days prior to the pre-application meeting.

(iv)

Mail, by first-class mail, the individual notices to the listed property owners and addresses, at least ten days prior to the date of the pre-application meeting. Also, the applicant shall provide the Planning Manager, prior to the pre-application meeting, a certification that the required notices were mailed and receipts of the mailing.

(4)

Alternative Site Analysis.

(a)

At the pre-application meeting, the operator shall identify three proposed locations for the oil and gas facility. The proposed locations shall meet the City's siting regulations. For each location, the operator shall provide a scaled map showing the distance of the proposed facility to existing or platted residences, occupied building units, parks, open space, formal trail systems, schools, hospitals, water bodies, Habitat Protection Areas, Standley Lake Source Water Protection Zone, Woman Creek Reservoir Protection Zone, Standley Lake Park and Wildlife Refuge, groundwater wells, any wildlife habitats listed in COGCC rules and regulations, existing active and decommissioned wells, and roadways within 2,640 feet of the proposed sites.

(b)

The operator shall consult with the City on the alternative site analysis prior to submittal of any spacing application or Form 2 or 2A to the COGCC. Operators are encouraged to schedule this meeting prior to entering into any surface use agreements.

(c)

The City shall review all proposed locations in order to determine which location complies with the purpose of these regulations. If the Director determines that none of the three proposed locations satisfies the purpose of these regulations, the operator shall submit three new proposed locations.

(d)

The City shall prepare a report summarizing its findings with respect to proposed locations and recommending one or more proposed locations.

(5)

Application Submittal. All requests for an ODP shall be submitted in writing to the Planning Division and shall include an application fee of $5,000.00 and a report that discusses the results of the alternative site analysis required by Section 11-4-14, W.M.C.

(6)

Neighborhood Meeting. Following the submission of an application to the Planning Division, and before submitting an application to the COGCC, the operator shall schedule and notice a neighborhood meeting. A neighborhood meeting shall be required for any application for an ODP. The operator shall notice, attend, and conduct the neighborhood meeting. The operator shall work with the City to ensure the neighborhood meeting is conducted at an appropriate time and location, to be approved by the City. The operator shall provide the City with a mailed notice. The public may submit comments on the application to the operator at the neighborhood meeting. The operator shall prepare a written summary of the comments received at the neighborhood meeting, and submit the summary to staff.

(7)

Notification of Application. The operator shall mail notice of the application no more than ten working days after an application has been submitted to the City. The operator shall pay for the cost of mailing notices. Notice shall include number of wells, size of well pad, type, and measurements of proposed major equipment. Owners of record shall be ascertained according to the records of the Clerk and Recorder of Adams County or Jefferson County, whichever is applicable. Any notices provided are considered a courtesy and consideration of the application may proceed despite claims of a lack of notice. Notice of the application shall include reference to the neighborhood meeting and be made as follows:

(a)

Mailed Notice.

(i)

To the surface owners and all property addresses of the parcels of land on which the oil and gas facility is proposed to be located.

(ii)

To all property addresses and property owner addresses, if not the same, of parcels of land within 2,640 feet of the parcel on which the oil and gas facility is proposed to be located.

(b)

It shall be the responsibility of the applicant to:

(i)

Prepare the list of addresses to which notices are required to be sent under subsection (a), above. Such list shall contain the name and mailing address of property owners from the County Assessor's records and City address records.

(ii)

Prepare an accurately scaled map using County Assessor's maps identifying the subject site, and the location of the properties to be notified.

(iii)

Deliver to the Planning Manager the items listed in paragraphs (i) and (ii) above in a City-approved format at least 15 days prior to the neighborhood meeting.

(iv)

Mail, by first-class mail, the individual notices to the listed property owners and addresses, at least ten days prior to the date of the neighborhood meeting. Also, the applicant shall provide the Planning Manager, prior to the pre-application meeting, a certification that the required notices were mailed and receipts of the mailing.

(c)

Posted Notice. The real property proposed to be developed shall also be posted with a sign, giving notice to the general public of the proposed development. For parcels of land exceeding 15 acres in size, two signs shall be posted. The size of the sign required to be posted shall be as established in the supplemental notice requirements of Section 11-5-13, W.M.C. Such signs shall be provided by the City and shall be posted on the subject property in a manner and at a location or locations reasonably calculated by the City to afford the best notice to the public. Posting shall occur a minimum of ten calendar days prior to the neighborhood meeting. The City shall post notice on its website, and the operator shall post notice on its website, if one exists.

(8)

Staff Review. Following receipt of the operator's written summary of the neighborhood meeting, City staff shall review the application to ensure the application protects and minimizes adverse impacts to public health, safety, and welfare, the environment, and wildlife resources. An application may require review by outside agencies such as the U.S. Army Corps of Engineers, if the project impacts a floodplain, and may also be referred to any life-safety providers, adjacent jurisdictions, local public health department, CDPHE, COGCC, State Engineers Office, and Colorado Department of Parks and Wildlife, and others as may be deemed appropriate by staff. The City may require that the application materials, including proposed locations, results of alternative site analysis, and requests for variances be submitted to a technical consultant deemed by the City to be appropriate and necessary to complete the review. Costs associated with such review shall be paid by the operator. The applicant will be notified of any outstanding issues in connection with application materials upon completion of this review and shall address any issues or deficiencies in connection with the application materials. If necessary, a meeting shall be held to discuss any issues that need to be resolved. If necessary, the applicant shall then submit an amended application, plan or other submittals, as appropriate, to staff for verification that deficiencies have been addressed by the applicant. If revisions were necessary, staff shall review such revised application. Upon determination by staff that all issues have been resolved, staff will submit the application to the Planning Commission and City Council.

(a)

Prior to any review of a proposed ODP, the applicant shall provide:

(i)

Either the written consent of all owners of the property in the proposed ODP or evidence otherwise satisfactory to the Planning Manager of the applicant's authority to represent the owners of the property.

(ii)

Evidence of ownership and encumbrances satisfactory to the City and such other information as may be reasonably required to evaluate the proposed application.

(iii)

A non-refundable application fee as specified in the Land Use and Development Review Fee Schedule set forth in Section 11-1-6, W.M.C., shall be paid at the time of application for any proposed ODP.

(9)

Staff Recommendation. After completing its review, staff shall submit its written report and comments to the Planning Commission and City Council, along with the alternative site analysis report required by Section 11-4-14, W.M.C. The recommendation of staff shall either be a recommendation to approve, to approve with conditions, or to deny the request. If the recommendation is to approve with conditions, the recommendation shall set forth the conditions and those requirements as deemed necessary to protect and minimize adverse impacts to public health, safety, and welfare, the environment, and wildlife resources.

(10)

Notice and Hearing Before the Planning Commission. Upon public notice as required by the Code, the Planning Commission will hold a public hearing. Planning Commission shall consider staff recommendations and shall make a recommendation to approve, to approve with conditions, or to deny the application. Factors to be considered are those specified in this Section. The Planning Commission shall hold a public hearing prior to making its recommendation. Notice shall be given in accordance with subsection 11-5-13 (A), W.M.C.

(11)

Notice and Hearing Before the City Council. Upon public notice as required by the Code and following the review by the Planning Commission, the City Council will hold a public hearing. City Council shall consider staff and Planning Commission recommendations and shall make a final decision to approve, to approve with conditions, or to deny the application. Factors to be considered are those specified in this Section. The City Council shall hold a public hearing prior to making its final decision. Notice shall be given in accordance with subsection 11-5-13 (A), W.M.C.

(12)

Decision to be stated in official minutes. Any decision of the City Council on an ODP shall state in the official minutes of the hearing the reasons for such decision.

(13)

Duration. All ODPs for oil and gas facilities approved by City Council after July 5, 2021, shall be valid for one year from the approval date. If construction of the approved use has begun by the end of the specified period, the approval shall remain valid so long as development of the facility continues, and the operator is in compliance with this Section. If construction of the approved use has not begun at the end of the specified period, or if it thereafter ceases, the approval shall be deemed void and of no further force and effect, and no permits shall be issued until and unless the ODP is reapproved by the City Council. Development of the facility shall be considered ceased if the land disturbance permit is no longer valid.

(f)

Official Development Plan for Oil and Gas Operations and Submittal Requirements. All applications for an ODP are subject to review by the Planning Commission and approval by the City Council pursuant to this Section. All applications for an ODP shall include the following information, which is subject to review by the Planning Commission and approval by the City Council:

(1)

The operator's and surface owner's names and addresses, and designation of agent, if applicable.

(2)

A list of all permits or approvals obtained or to be obtained from local, State, or federal agencies, including the COGCC.

(3)

A detailed site plan for all facilities that includes submittal to the City of all documents required to be submitted with COGCC Form 2A, a depiction of all visible improvements within 500 feet of the proposed location to include buildings/residences, public roads and trails, major above-ground utilities, railroads, pipelines, mines, water bodies, including, but not limited to, reservoirs, ponds, ditches, creeks, and rivers, floodplains, habitat protection areas, Standley Lake Source Water Protection Zone, Woman Creek Reservoir Protection Zone, groundwater wells, oil/gas/injection/water/plugged wells, etc. as required by COGCC Rule 303.d(3)C, and the site plan requirements of the Code. Information on gathering lines and pipelines shall include the age, size, pressure in the line, depth of bury, and substance transported.

(4)

A detailed site plan showing all below grade utility infrastructure required to be disclosed to COGCC for below grade mapping and locating.

(5)

A detailed site plan showing the setback of the oil and gas facilities from adjacent property lines. For proposed oil and gas locations near occupied building units, no working pad surface shall be located less than 2,000 feet from the property line of one or more occupied building units, unless one or more of the following conditions are satisfied:

(a)

All of the occupied building unit owners and residents within 2,000 feet of the working pad surface explicitly agree with informed consent to the proposed oil and gas location;

(b)

Any wells, tanks, separation equipment, or compressors proposed on the oil and gas location shall be located more than 2,000 feet from the property lines of all occupied building units; or

(c)

The operator obtains a variance pursuant to Section 11-4-14(K)(3), W.M.C.

(6)

A summary of planned operations, including identified access points and operational timeline for posting to a local community information webpage.

(7)

A detailed site plan for site preparation, mobilization, and demobilization that covers all phases of operation.

(8)

An interim plan for reclamation and revegetation of the well pad and final reclamation of the well pad.

(9)

The vicinity maps for a facility submitted with an application for an ODP shall be submitted as a sheet within the ODP showing the following information:

(a)

Topographic detail and the location of all existing water bodies or any physically defined channel including the direction of water flow within a one-half mile radius of the proposed well.

(b)

Location of existing oil and gas wells or injection wells as reflected in COGCC records. This information shall be submitted on a map and shall include any and all wells within a 2,000-foot radius of the proposed location for the well.

(c)

Location of drill site. The information to be submitted shall be on COGCC Form 2 or include the information required to be submitted with a Form 2 and shall include the parcel tax identification number.

(d)

Proximity to critical protection areas such as habitat protection areas, Standley Lake Source Water Protection Zone, and Woman Creek Reservoir Protection Zone.

(10)

Project schedules for all phases, including site construction, flowline and pipeline construction, drilling, completions (broken down into activity-based components), commissioning, operations, reclamation, and abandonment.

(11)

Administrative fees.

(12)

Information demonstrating that the operator is capable of fulfilling and is likely to fulfill the obligations imposed by this Section and the Oil and Gas Conservation Act, including:

(a)

A certified list of all instances within the past ten years where the COGCC, other State or federal agency, city, or county found that the operator has not complied with applicable federal, State, or local requirements with respect to drilling, operation, or decommissioning of a well, or operation of an oil and gas facility or pipeline. The list shall identify the date of the determination, the entity or agency making the determination, the nature of the non-compliance, and, if applicable, the final resolution of the issue and procedural or policy changes that were implemented to prevent future infractions and which adequately demonstrate effectiveness. If no such instances of non-compliance exist, the operator shall certify to that effect.

(b)

A list of all near-misses and incidents within the past ten years that occurred at Facilities owned or operated by operator, an operator's legacy companies, or a subsidiary of operator, including events involving contractors. The operator shall also list any root causes analysis conducted and corrective actions taken in response to the near-misses and incidents, including internal changes to corporate practices or procedures, such as modifications to safety management plans.

(c)

A map that shows all of the operator's mineral rights, including lease rights, whether owned by the operator or a parent or subsidiary entity, inside or within 2,000 feet of the boundaries of the City.

(d)

A description of a process for the operator's acceptance, processing, and resolution of any and all complaints submitted to state agencies or the operator directly by members of the public stemming from any adverse impact from oil and gas facilities and operations.

(13)

A noise and vibration impact mitigation plan that protects and minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources. The plan shall include noise modeling for pre-construction and active drilling, hydraulic fracturing, and flowback, which shall be conducted by a third-party consultant approved by the City.

(14)

A recreation plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources demonstrating that the facility shall avoid causing degradation to the quality and quantity of recreational activities in the City. Consideration shall be given to designated environmental resources, trails, and recreational uses, as identified in the Open Space Stewardship Plan or Parks Master Plan or identifiable on or near the site.

(15)

A light and dust mitigation plan that plan for light and dust mitigation that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources.

(16)

An air quality plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources. The air modeling plan shall be conducted by a third-party consultant approved by the City. The plan shall include facility emissions inventories for all greenhouse gas emissions, criteria pollutants and hazardous air pollutants, and air quality impact studies for drilling, completions and production operations based upon proposed equipment use, operation phases, and any emissions reductions associated with plugging and abandonment. In addition, the plan shall include emissions associated with truck traffic for drilling, completions, production, and plugging and abandonment operations. Air modeling shall demonstrate that:

(a)

Emissions from the proposed facilities and associated truck traffic shall not cause or contribute to exceedances of the National Ambient Air Quality Standards.

(b)

Emissions from the proposed facilities comply with federal air quality and odor rules, including EPA's New Source Performance Standards and National Emission Standards for Hazardous Pollutants.

(c)

Emissions from the proposed facilities comply with COGCC and CDPHE air quality and odor rules and regulations.

(d)

Emissions from the proposed facilities comply with City emission control regulations.

(e)

Emissions shall be below the most protective health-based guidelines, including those set by CDPHE, EPA, California, or others.

(17)

An air monitoring plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources. The air monitoring plan shall be conducted by a qualified third-party consultant approved by the City. The plan shall describe how the operator will conduct baseline monitoring within 500 feet and at select nearby receptors of a proposed facility prior to construction and during all phases of development including drilling, completion, production, and operation. The plan shall include monitoring for all potential emissions, including but not limited to, Methane (Ch4), VOCs, Hazardous Air Pollutants (HAPs), BTEX, Hydrogen Sulfide, Oxides of Nitrogen (NOx), Particulate Matter (PM), Fine Particulate Matter (PM 2.5), Carbon Monoxide (CO) and Carbon Dioxide (CO2). The operator shall pay for the baseline and ongoing monitoring.

(18)

An air quality mitigation plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources and demonstrates compliance with the following:

(a)

EPA, CDPHE, and COGCC rules and regulations for emissions. If these regulations become more stringent in the future, the operator shall update its air quality mitigation plan to comply with the revised guidelines as such regulations exist now or future, more stringent, regulations.

(b)

Compliance with 2017 CDC Agency for Toxic Substances and Disease Registry and USEPA Integrated Risk Information System ambient air quality guidelines. If these guidelines become more stringent in the future with more restrictive guidelines for benzene, toluene, ethylbenzene and xylene (BTEX), and other air toxins, the operator shall update its air quality mitigation plan to comply with the revised guidelines.

(19)

An electrification plan identifying all sources of electricity that shall be brought to or used at the facility during all phases of operations.

(20)

An emergency preparedness and response plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources. The emergency preparedness and response plan shall be approved by the City Fire Department in order to be deemed complete. Oil and gas operations shall avoid risks of emergency situations such as explosions, fires, gas, oil or water pipeline leaks, ruptures, hydrogen sulfide or other toxic gas or fluid emissions, and hazardous material vehicle accidents or spills. Oil and gas operations shall ensure that, in the event of an emergency, adequate practices, procedures, and infrastructure are in place to protect public health and safety and repair damage caused by emergencies. The applicant shall complete the Front Range Emergency Resource Co-op template. The plan shall be updated on an annual basis, after an incident occurs, or when changes are made to facility operations, personnel, or other content covered in the plan. The plan shall demonstrate compliance with the following:

(a)

Adequate provisions to ensure the operator shall cover all costs associated with ongoing training of employees and first responders, response and remediation, including any additional on-site and regional specialized equipment and supplies necessary to respond to any emergency incident at its facilities.

(b)

The operator shall cooperate and train with City Fire Department emergency responders as requested by the City.

(c)

The operator shall participate in training, drills, exercises, and development of the after-action report.

(d)

The operator shall immediately notify the City, surrounding communities, and any nearby schools, hospitals, and long-term care facilities of an emergency event and develop emergency protocols with the City Fire Department, Jefferson County Department of Public Health or Tri-County Health, and the City Police Department.

(e)

The operator shall provide to the City safety and security protocols for the facility site.

(f)

The operator shall provide a copy of any spill prevention, control, and countermeasures plan to the City if required by USEPA rules and a copy of a listing of hazardous chemicals used on site if required by USEPA CERCLA Community Right to Know rules.

(g)

The operator shall maintain onsite storage of aqueous film forming foam (which shall not contain PFAS), absorption boom and granulated materials for ready deployment in case of leaks or other emergencies. The operator shall notify first responders of the location of said materials.

(h)

The operator shall identify and provide 24-hour contact information for contractors and subcontractors. The operator shall provide the company name, address, email, and mobile phone contact information for two individuals associated with the company and who will serve as 24 hour emergency contacts and who can ensure a timely and comprehensive response to any emergency.

(i)

The operator shall coordinate with the City Fire Department regarding evacuation routes. Evacuation routes shall include any schools, hospitals, and long-term care facilities that are within proximity to the oil and gas facility, based on guidance from the City Fire Department.

(j)

Fire hydrant exists within 1,000 feet from oil and gas facility. If no fire hydrant connected to the City's water system or alternative approved of by the City exists within 1,000 feet from facility, the operator shall install fire hydrant at its own cost, or reimburse the City for the cost of installing a fire hydrant.

(21)

A weed control plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources. The plan shall demonstrate avoidance of degradation to vegetation and pollinators and shall require that weeds not be higher than 12 inches.

(22)

A traffic control plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources. The operator shall provide financial security to cover any damage to public infrastructure during all operations, including construction, drilling, completions and production. The operator and subcontractors shall comply with the City and other jurisdictions' requirements related to traffic restrictions. The operator shall conduct a baseline report of conditions of the roads to be used by the operator and the remaining road life for the proposed truck routes. Haul and access roads shall be designed per City standards. Where available, existing private roads shall be used. Prior to the start of construction, operator shall complete a traffic study and provide detailed traffic plan to determine any operational changes and geometric modifications necessary for extraction activities. This shall include, but is not limited to:

(a)

Detail of access locations for each facility, including sight distance, turning radius of vehicles and a template indicating feasibility, turning volumes in and out of each site for an average day and what to expect during the peak hour.

(b)

Estimated weights of vehicles when loaded, a description of the vehicles, including the number of wheels and axles of such vehicles and trips per day.

(c)

Anticipated truck traffic volumes shall be converted to equivalent single axle loads and compared with existing volumes.

(d)

Core drill or boring samples of City roads shall be used to determine the adequacy of the existing roadway structure and determine if the roadway section is adequate for oil and gas activities.

(e)

Truck routing map and truck turning radius templates shall be used to determine if improvements are necessary at intersections along the route.

(f)

Identification of the need for any additional traffic lanes.

(g)

Restriction of Class 7 vehicles or above from facilities to periods outside of peak a.m. and p.m. traffic periods (generally 7:00—9:00 a.m. and 3:00—6:00 p.m. during weekdays or in other specific instances as determined by the Transportation Engineer).

(h)

Require a traffic study to determine impacts to City streets.

(i)

Restriction of idling or parking on shoulders of roads.

(j)

Periodic training of employees and subcontractors on traffic safety and traffic requirements.

(k)

The study shall identify any habitat protection areas, Standley Lake Source Water Protection Zone, Woman Creek Reservoir Protection Zone, and any areas of critical habitat for COGCC listed species in a graphic and narrative form sufficient to assess any potential hazardous condition to these critical sites.

(23)

A visual mitigation plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources and complies with applicable COGCC rules and regulations, including, but not limited to, a list of the proposed colors for the facilities, regardless of construction date, which are observable from any public roadway, providing for paint that is uniform, non-contrasting, non-reflective color tones (similar to the Munsell Soil Color Coding System), and with colors matched to, but slightly darker than the surrounding landscape and a listing of the operations' equipment. The plan shall indicate the location of all outdoor lighting on the site and any structures and include cut sheets of all proposed fixtures. The operator shall provide a photometric study approved by City prior to start of construction to indicate impact on surrounding properties and measure the lumens emitted from the facility outside of the walls. The plan shall avoid causing degradation to the scenic attributes and character of the area, including view corridors and vistas, as identified in the Comprehensive Plan. It shall also provide for screening or fencing the proposed facility in order to mitigate visual impacts and protect wildlife. The facility shall be sited and located in a manner that is compatible with surrounding buildings. Separation from buildings shall be considered the most effective measure to ensure compatibility. Natural topography and existing vegetation; prevailing weather patterns, including wind directions; and hilltops, ridges, slopes and, silhouetting shall be considered in the plan.

(24)

A water supply plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources. The operator shall submit estimated water supply requirements for all phases of operation of the oil and gas facility and usage for the proposed development including:

(a)

Demonstration that the available water supply is the least detrimental to the environment among the available sources and adequate to meet the needs of the development. Approval may be conditioned upon sufficient proof of adequate water supply.

(b)

An estimate of the amount of water needed for all phases of the oil and gas facility.

(c)

A list of all available physical sources of water for the project including infrastructure descriptions, and if multiple sources are available, analysis of which source is least detrimental to the environment.

(d)

Contracts or other documentation necessary to prove that the water has been legally obtained and will meet all requirements of the State Engineers Office and associated water decrees shall be provided.

(e)

A description of the physical source of water that the applicant proposes to use to serve the oil and gas facility.

(f)

Water conservation measures, if any, that may be implemented within the oil and gas facility, including any plans for recycling water or treating it to a standard suitable for non-potable uses.

(g)

An estimate of the amount of water that will be used at the site, where and how the water will be consumed, the amount of wastewater produced, and disposal plans for wastewater.

(h)

Use of City water is prohibited.

(25)

A water quality control plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources. The plan shall demonstrate that all facilities use the most effective performance techniques and best management practices to minimize impacts to water quality, including plans for water quality testing, prevention of illicit or inadvertent discharges, and containment of pollutants as required by the Code and State and federal laws and regulations. The owner or operator shall provide the City with the information it provides to the COGCC ensuring compliance with the water quality protection standards contained in any applicable COGCC rules and regulations governing water quality protection. The owner or operator shall provide its plans concerning downhole construction details and installation practices, including casing and cementing design, and shall inform the City how the plans establish that the facility does not create significant degradation to surface waters or drinking water aquifers. All costs associated with testing and monitoring shall be borne by the operator. The owner or operator shall notify the Director of any changes to the design, construction, or operation of the facility that could impact water quality. The City retains the right to deny design, construction, or operational changes that could negatively impact surface or groundwaters.

(26)

A land disturbance plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources. The plan shall demonstrate that the facility will not cause significant erosion or sedimentation and minimizes the amount of cut and fill.

(27)

A stormwater management plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources. The plan shall identify possible pollutant sources that may contribute pollutants to stormwater, best management practices, sampling procedures (if required), and inspections that, when implemented, will reduce or eliminate any possible water quality impacts.

(28)

A risk analysis and risk management plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources and demonstrates that an appropriate safety management plan and emergency response and preparedness plan is in place.

(29)

A phasing, abandonment, and reclamation plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources. The plan shall clearly demonstrate the improvements and mitigation measures needed during each phase of work. The plan shall demonstrate how the wells will be abandoned and what measures will be taken for reclamation of disturbed lands.

(30)

A wetlands protection plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources. The plan shall demonstrate that the facility will not alter historic drainage patters and/or flow rates or will include acceptable mitigation measures to compensate for anticipated drainage flows.

(31)

A hazardous materials management plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources. The plan shall identify hazardous materials that will be used or stored at the facility or site, (including those disclosed through the "Frac Focus" process), the physical hazards they present, the quantity on hand (daily and maximum), the storage method and location, and any other pertinent information that is of value to employees exposed to the materials and/or first responders in the event of an accident or incident. The operator shall provide copies of all safety data sheets to the City prior to each phase of operation.

(32)

A waste management plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources. The plan shall identify waste types and associated hazards, the approximate quantities, storage method(s), transportation and management method(s), communication and training of employees, identification of individuals responsible for waste management by facility or site, spill and release prevention methods, emergency management strategies (including spill containment), and inspection types and frequencies. The operator shall recycle drilling, completion, flowback, and produced fluids, unless technically infeasible. Waste may be stored temporarily in tanks and shall be transported by pipelines and disposed of at licensed disposal or recycling sites. Disposal of wastewater is not permitted within the City.

(33)

A historical and cultural resources plan that protects or minimizes adverse impacts to public health, safety and welfare. The plan shall assess historical and cultural resources in and around the proposed facility and include such information and proposed mitigation measures. If a significant surface or sub-surface archeological site is discovered during construction, the operator shall be responsible for immediately contacting the City to report the discovery. If any disturbance of a site deemed by the State Historic Preservation Office to be a historical or cultural resource occurs, the operator shall obtain approval from such Office in consultation with the Historic Landmark Board detailing required protection and mitigation measures to be implemented to preserve any historical or cultural resources potentially affected by the facility, and to provide a copy of such approve to the City.

(34)

Evidence of adequate financial security required by the City and applicable COGCC rules and regulations.

(a)

Information related to the operator's financial fitness to undertake the proposed oil and gas operations, including materials (audited, where appropriate) such as the following:

(i)

Balance sheets for the previous five fiscal years;

(ii)

Operating cash flow statements for the previous five fiscal years;

(iii)

List of long- and short-term debt obligations;

(iv)

List of undercapitalized liabilities;

(v)

Statements necessary to calculate net profit margin, debt ratio, and instant or current solvency ratio;

(vi)

Certified copies of all current financial security filed with the COGCC; and

(vii)

Tax returns for the prior five years.

(35)

An environmental impact assessment of the facility completed by a qualified third-party that includes, but is not limited to, the following:

(a)

At least one on-site evaluation within three months of the submittal to the City.

(b)

A map and photographs of the site.

(c)

Identification and assessment of potential impacts to the environment and wildlife, including wetlands; floodplain; ponds; creeks, streams and drainageways; migratory birds and raptors; ground nesting birds; prairie dogs; burrowing owls; State and federal threatened and endangered species for both flora and fauna; any other applicable wildlife issues, including den sites for mammals, such as coyotes and foxes; fish and other aquatic life; wildlife corridors; significant habitat; natural landmarks and prominent natural features, such as distinctive rocks and land forms; vegetation including grasses, shrubs and trees; and, visual or scenic resources.

(d)

Identification and assessment of potential impacts to habitat protection areas.

(e)

Identification and assessment of potential impacts to the Standley Lake Source Water Protection Zone or the Woman Creek Reservoir Protection Zone.

(f)

Confirmation that the proposed project shall comply with the City's policies for prairie dog conservation and management.

(g)

Identification of proposed project design measures or other relevant mitigation measures to avoid unacceptable impacts or to reduce impacts to levels of insignificance.

(h)

Prior to construction, the operator shall submit a 20-day environmental clearance letter confirming that any environmental and wildlife conditions identified in the environmental assessment have been adequately mitigated and addressed and that the Standley Lake Source Water Protection Zone and the Woman Creek Reservoir Protection Zone are avoided. Facilities are prohibited to be operated in the Standley Lake Source Water Protection Zone and the Woman Creek Reservoir Protection Zone. Road construction, both permanent and temporary, are prohibited within the Standley Lake Source Water Protection Zone and the Woman Creek Reservoir Protection Zone.

(36)

A geological study that demonstrates that the proposed well locations are outside geologically sensitive areas. The study shall include maps of any jurisdictional dams, potential risk of earthquake caused by fracking operations, and include an analysis of earthquake risk to those jurisdictional dams.

(37)

An odor mitigation plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources. The plan shall demonstrate how the operator will minimize odors from its operations and comply with Colorado Department of Public Health and Environment, Air Quality Control Commission, Regulation No. 2 Odor Emissions, 5 CCR 1001-4, Regulation No. 3, 5 CCR 1001-5, COGCC odor requirements and any other applicable regulations. The plan shall also provide a plan for timely responding to odor complaints from the community and for identifying and implementing additional odor control measures to control odors emanating from the oil and gas facility. The plan shall also require the operator to notify the City no later than 24 hours after receiving an odor complaint and cooperate with the City in responding to complaints.

(38)

A floodplain and floodway plan that protects or minimizes adverse impacts to public health, safety and welfare, the environment, and wildlife resources. Facilities and equipment are prohibited in floodways, as defined by the Federal Emergency Management Agency. Facilities and equipment shall not be located in the 100=year floodplain unless all alternate locations outside of the floodplain that allow for extraction or transportation of the resource are more detrimental than the proposed location in the floodplain and operator has demonstrated that mitigation measures will ensure all hazardous materials will be contained on the well site during flood conditions. All above-ground oil and gas facilities approved in a floodplain shall comply with the flood protection measures in Title XI, Chapter 8, W.M.C. Tanks in the 500-year floodplain also require flood protection measures.

(39)

A cumulative impacts analysis that demonstrates that the cumulative impacts associated with the proposed facility, including the greenhouse gas emissions, air impacts, traffic impacts, noise, odor, water use and quality, wildlife, and other environmental impacts are avoided or are minimized and mitigated to the extent they cannot be avoided.

(40)

If the Director determines that the City needs additional information, including underlying data, analysis, modeling, or reports or other documentation to determine whether the proposed oil and gas facility meets the approval criteria in subsection 11-4-14 (G), W.M.C., the Director may require the applicant to submit such information.

(g)

Standards for Approval of an Official Development Plan for Oil and Gas Operations. An application for approval of an ODP for oil and gas development shall demonstrate that the provisions of the ODP protect and "minimize adverse impacts" to public health, safety, and welfare, the environment, and wildlife resources. "Minimize adverse impacts" means, to the extent necessary and reasonable, to protect public health, safety, and welfare and the environment by avoiding adverse impacts from oil and gas operations and minimizing and mitigating the extent and severity of those impacts that cannot be avoided. The Planning Commission and City Council shall consider the direct and cumulative impacts of the proposed facility in making this determination.

Planning Commission and City Council shall consider whether the ODP demonstrates that the following comply with the requirements set forth in subsection 11-4-14(F), W.M.C.:

(1)

Narrative and all site plans and vicinity maps, including setbacks.

(2)

Noise and vibration impact mitigation plan.

(3)

Recreation plan.

(4)

Light and dust mitigation plan.

(5)

Air quality plan.

(6)

Air monitoring plan.

(7)

Air quality mitigation plan.

(8)

Electrification plan.

(9)

Emergency preparedness and response plan.

(10)

Weed control plan.

(11)

Traffic control plan.

(12)

Visual mitigation plan.

(13)

Water supply plan.

(14)

Water quality control plan.

(15)

Land disturbance plan.

(16)

Stormwater management plan.

(17)

Risk analysis and risk management plan.

(18)

Phasing, abandonment, and reclamation plan.

(19)

Wetlands protection plan.

(20)

Hazardous materials management plan.

(21)

Waste management plan.

(22)

Historical and cultural resources plan.

(23)

Odor mitigation plan.

(24)

Floodplain and floodway plan.

(25)

Financial security.

(26)

Environmental impact assessment.

(27)

Geological study.

(28)

Cumulative impacts analysis.

Planning Commission and City Council shall also consider whether the ODP complies with the following:

(29)

All applicable COGCC, AQCC, EPA, and CDPHE rules and regulations.

(30)

All other site-specific requirements that are determined necessary by Planning Commission and City Council and are otherwise consistent with applicable law and regulations.

(H)

Final Requirements.All plans shall set forth in subsections 11-4-14(F) and (I), W.M.C., shall be finalized and approved by the City prior to the commencement of drilling. The operator shall provide written notice to the City no less than 30 days prior to the commencement of construction, drilling, completion or any recompletion, re-drilling or plugging and abandonment of a well, for all approved facilities and provide the following:

(1)

A response letter that outlines how the ODP requirements have been met.

(2)

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

(3)

Copies of all permits requested, including any exceptions.

(4)

A listing of all required fees and costs and proof of payment.

(5)

Additional information. If the Director determines that the City needs additional information to determine whether the proposed oil and gas facility meets the criteria in subsection 11-4-14 (F), W.M.C., the Director may require the applicant to submit such information.

(I)

Conditions of Approval Applicable to Official Development Plan Applications. The following oil and gas facility operational requirements and mitigation measures are likely necessary to meet the standards for approval in subsection 11-4-14 (G), W.M.C. Accordingly, unless the City Council deems a condition unnecessary to establish compliance with this Section, all of the following shall apply to all oil and gas facilities in the form of conditions of approval applicable to each ODP:

(1)

Color. Facilities shall be painted in a uniform, non-reflective color that blends with the surrounding landscape.

(2)

Anchoring. Anchoring is required within floodplain or geological hazard areas, as needed to resist flotation, collapse, lateral movement, sinking, or subsidence, and in compliance with Federal Emergency Management Agency (FEMA). All guy line anchors left buried for future use shall be identified by a marker of bright color not less than four feet in height and not greater than one foot east of the guy line anchor.

(3)

Burning. No open burning of trash, debris, or other flammable materials.

(4)

Chains. Traction chains shall be removed from heavy equipment on City streets.

(5)

Discharge Valves. Discharge valves shall be secured, inaccessible to the public and located within the secondary containment area. Open-ended discharge valves shall be placed within the interior of the tank secondary containment.

(6)

Dust Suppression and Fugitive Dust. Dust associated with on-site activities and traffic on access roads shall be minimized throughout construction, drilling and operational activities such that there are no visible dust emissions from access roads or the site to the extent possible given wind conditions. No untreated produced water or other process fluids shall be used for dust suppression. The operator shall avoid creating dust or dust suppression activities within 300 feet of the ordinary high-water mark of any water body, unless the dust suppressant is water. Material Safety Data Sheets (MSDS) for any chemical-based dust suppressant shall be submitted to the City prior to use.

(7)

Exhaust. All exhaust, including, but not limited to, exhaust from all engines, motors, coolers and other equipment shall be vented up or in a direction away from the nearest occupied building.

(8)

Air Quality.

(a)

Flares and combustion devices. Flaring shall be eliminated other than during emergencies or upset conditions. All flaring shall be reported to the City. To the extent used, all flares, thermal oxidizers, or combustion devices shall be designed and operated as follows:

(i)

Any flaring that is done shall be done with a flare that has a manufacturer specification of 99 percent destruction removal efficiency or better.

(ii)

The flare and or combustor shall be fired with natural gas.

(iii)

The flare and or combustor shall be designed and operated in a manner that shall ensure no visible emissions during normal operation. Visible emissions means observations of smoke for any period or periods of duration greater than or equal to one minute in any 15 minute period during normal operation, pursuant to EPA Method 22. Visible emissions do not include radiant energy or water vapor.

(iv)

The flare and or combustor shall be operated with a flame present at all times when emissions may be vented to it.

(v)

All combustion devices shall be equipped with an operating auto-igniter.

(vi)

If using a pilot flame ignition system, the presence of a pilot flame shall be monitored using a thermocouple or other equivalent device to detect the presence of a flame. A pilot flame shall be maintained at all times in the flare's pilot light burner. A telemetry system shall be in place to monitor pilot flame and shall activate a visible and audible alarm in the case that the pilot goes out.

(vii)

If using an electric arc ignition system, the arcing of the electric arc ignition system shall pulse continually and a device shall be installed and used to continuously monitor the electric arc ignition system.

(viii)

Any flare, auto ignition system, recorder, vapor recovery device, or other equipment used to meet the hydrocarbon destruction or control efficiency requirement shall be installed, calibrated, operated, and maintained in accordance with the manufacturer's recommendations, instructions, and operating manuals.

(b)

Leak and Detection and Repair (LDAR). The operator shall develop and maintain a leak detection and repair plan using modern leak detection technologies for equipment used at the facility. Inspections shall occur at least semi-annually. More frequent inspections may be required based on the design and size of the facility. If an infrared camera is used, operator shall retain an infrared image or video of all leaking components before and after repair. Such records shall be maintained for two years and shall be made available to the City upon request. Any leaks discovered by operator, including any leaks that are reported to operator by a member of the public, shall be reported to the City immediately upon discovery. The operator shall repair leaks within 48 hours. If the City determines that the leak presents an immediate threat to persons or property, the operator may not operate the affected component, equipment or pipeline segment until the operator has corrected the problem and the City agrees that the affected component, equipment or pipeline segment no longer poses a hazard to persons or property. In the event of leaks that the City believes do not pose an immediate hazard to persons or property, if more than 48-hours repair time is needed after a leak is discovered, operator shall contact the Director and provide an explanation of why more time is required. At least once per year, the operator shall notify the City five business days prior to an LDAR inspection of its facilities to provide the City the opportunity to observe the inspection. The plan shall include detailed recordkeeping of the inspections for leaking components.

(c)

Emission control regulations and air protection requirements. To the extent used, all equipment shall comply with the following:

(i)

Electrification from the power grid or from renewable sources of all permanent operation equipment that can be electrified.

(ii)

Use of acoustically insulated housing or covers to enclose the motor or engine.

(iii)

Any flare, auto ignition system, recorder, vapor recovery device, or other equipment used to meet the hydrocarbon destruction or control efficiency requirement shall be installed, calibrated, operated, and maintained in accordance with the manufacturer's recommendations, instructions, and operating manuals.

(iv)

Dry seals on centrifugal compressors.

(v)

Routing of emissions from rod-packing and other components on reciprocating compressors to vapor collection systems.

(vi)

Emission controls of hydrocarbon emissions of 98 percent or better for centrifugal compressors.

(vii)

Best management practices during liquids unloading activities including the installation of artificial lift, automated plunger lifts and at least 90 percent emissions reductions when utilizing combustion to control any venting. If manual unloading is permitted, the operator shall remain onsite during any manual unloading.

(viii)

Reduction or elimination of emissions from oil and gas pipeline maintenance activities such as blowdowns. If any maintenance activity will involve the intentional venting of gas from a well tank, compressor or pipeline, beyond routine pipeline maintenance activity, the operator shall provide 48 hour advance written notice to the City of such proposed venting. Such notice shall identify the duration and nature of the venting event, a description as to why venting is necessary, a description of what vapors will likely be vented, what steps will be taken to limit the duration of venting, and what steps the operator proposes to undertake to minimize similar events in the future. If emergency venting is required, or if accidental venting occurs, the operator shall provide such notice to the City of such event as soon as, but in no event longer than 24 hours from, the time of the event, with the information listed above and with an explanation as to the cause and how the event will be avoided in the future.

(ix)

Ninety-eight percent control of emissions from pigging operations.

(x)

Telemetric control and monitoring systems, including surveillance monitors to detect when pilot lights on control devices are extinguished.

(xi)

The operator agrees to participate in Natural Gas STAR program or other voluntary programs to encourage innovation in pollution control at facilities.

(xii)

Proof of compliance with State-required dust control measures and imposition of an opacity requirement as tested using EPA Method 9.

(xiii)

Monitoring as needed to respond to emergency events such as process upsets or accidental releases.

(xiv)

The operator shall implement emission reduction measures to respond to air quality action day advisories posted by the Colorado Department of Public Health and Environment for the Front Range Area, including minimizing vehicle and engine idling; reducing truck traffic and worker traffic; delaying vehicle refueling; suspending or delaying use of fossil fuel powered ancillary equipment; and postponing construction activities. Within 30 days following the conclusion of each air quality action day season, operator shall submit a report to the City that details which measures it implemented during that air quality action day.

(xv)

Shutdown protocols, approved by the City, with notification and inspection provisions to ensure safe shut-down and timely notification to local communities.

(xvi)

Ongoing maintenance checks of all equipment to minimize the potential for gaseous or liquid leaks.

(xvii)

Minimization of truck traffic to and from the site.

(xviii)

No venting other than when necessary for safety.

(xix)

No venting or flaring of associated gas from hybrid gas-oil wells (i.e. gas that is co-produced from a well that primarily produces oil), unless during an emergency.

(xx)

Consolidation of product treatment and storage facilities within a facility.

(xxi)

Centralization of compression facilities within a facility.

(xxii)

EPA Reduced Emission Completions for oil wells. Daily logs documenting reduced emission completions provided to the City.

(xxiii)

EPA reduced emission completions for gas wells. Daily logs documenting reduced emission completions provided to the City.

(xxiv)

Closed loop, pitless drilling, completions and production systems.

(xxv)

Use of other best management practices as they become available.

(xxvi)

The use of no-bleed continuous and intermittent pneumatic devices. This requirement can be met by replacing natural gas with electricity or instrument air, or routing the discharge emissions to a closed loop-system or process.

(xxvii)

A root cause analysis for any Grade 1 gas leaks, as defined by COGCC.

(xxviii)

Automated tank monitoring and gauging as required by CDPHE.

(xxix)

Compliance with all CDPHE permits, if any, and compliance with all OSHA work practice requirements with respect to benzene.

(d)

The following may be required based on the size, nature, and location of the facility:

(i)

Implementation of tankless production techniques.

(ii)

The use of desiccant gas processing dehydrators or other zero emitting dehydrators.

(iii)

Use of a pressure-suitable separator and vapor recovery unit where applicable.

(iv)

Pipeline infrastructure for fresh water shall be constructed and placed into service prior to spudding for delivery of all fresh water to be used during the drilling, completion, production and operations phases.

(v)

Pipeline infrastructure for produced water, natural gas, crude oil and condensate will be constructed and placed into service prior to the start of any fluid flow from any wellbore.

(e)

Continuous Monitoring to Detect Leaks or Measure Hydrocarbon Emissions and Monitor Meteorological Data shall be Required. The City may require the operator to install and operate its own continuous monitoring system or may require operator to reimburse the City for costs associated with conducting its own continuous monitoring. Any continuous monitoring system shall be able to alert the operator of increases in air contaminant concentrations.

(f)

Compliance. The operator shall submit annual reports to the City certifying (i) compliance with these air quality requirements and documenting any periods of material non-compliance, including the date and duration of each such deviation and a compliance plan and schedule to achieve compliance, and (ii) that the equipment at the facility continues to operate within its design parameters, and if not, what steps will be taken to modify the equipment to enable the equipment to operate within its design parameters. The annual report shall contain a certification as to the truth, accuracy, and completeness of the reports, signed by a responsible corporate official. The operator will also provide the City with a copy of any self-reporting submissions that operator provides to the CDPHE due to any incidence of non-compliance with any CDPHE air quality rules or regulations at the facility.

(9)

Lighting. During all phases of development and operation, the operator shall adhere to best management practices to minimize light escaping the facility, including making all lighting downward-facing and all bulbs fully shielded to prevent light emissions above a horizontal plane drawn from the bottom of the fixture. During the drilling and completion phases, the operator shall install a minimum 32 foot wall around well pads to reduce light escaping site. Consistent with applicable law, best management practices, including downward shielded lighting and lumens measurement outside of facility shall be required. Lights required by safety regulations, such as flashing lights for airplane visibility, are exempt from this requirement.

(10)

Maintenance of Machinery. Routine field maintenance of non-stationary equipment involving hazardous materials within 300 feet of any water body is prohibited. All fueling shall occur over impervious material and shall not be done during storm events. The operator shall operate and maintain all equipment in accordance with manufacturer specifications. Regular maintenance checks shall be required for all equipment. For any oil and gas facility approved before July 5, 2021 that is within 300 feet of any water body, only permanent stationary equipment may undergo maintenance with hazardous materials.

(11)

Noise. The operator shall control noise levels as follows.

(a)

Beginning with construction and up to production, third-party consultant approved by the City shall conduct continuous noise monitoring in 15 minute increments near well sites and maintain records for two years.

(b)

For db(A) scale noise, the operator shall insure that the noise level from operations subject to the light industrial zone noise standard under COGCC Regulations 802.b and 604.c.(2)(A) does not exceed 60 db(A) and that the noise level from Operations subject to the industrial zone noise standard under COGCC Regulations 802.b and 604.c.(2)(A) is reduced at least five db(A) below the maximum level permitted by those Regulations. For this purpose, the noise level shall be measured as set forth in COGCC Regulations 802.b and c, except no measurements shall be taken when traffic is passing the sound level meter. Measurements shall be taken by third-party consultant approved by the City, and the operator shall be present during all measurements. The operator shall notify City at least two days prior to taking measurements. As set forth in COGCC Regulation 802.b, the noise levels shall be subject to increase for a period not to exceed 15 minutes in any one hour period and reduction for periodic, impulsive or shrill noises.

(c)

For db(C) scale noise, the operator shall comply with the requirements of COGCC Regulation 802.

(d)

To ensure the operator controls noise to the allowable levels set forth above, one or more of the following may be required:

(i)

Acoustically insulated housing or cover enclosing the motor or engine.

(ii)

Noise management plan identifying hours of maximum noise emissions, type, frequency, and level of noise to be emitted, and proposed mitigation measures.

(iii)

Obtain all power from utility line power or renewable sources.

(iv)

Utilize the most current equipment to minimize noise impact during drilling, completions, and all phases of operation including the use of "Quiet Fleet" noise mitigation measures for completions.

(v)

Sound walls around well drilling and completion activities to mitigate noise impacts.

(vi)

Restrictions on the unloading of pipe or other tubular goods between 6:00 p.m. and 8:00 a.m.

(vii)

Any abatement measures required by COGCC for high-density areas, if applicable.

(viii)

Use of quiet design mufflers (also referred to as hospital grade or dual dissipative) or equivalent.

(ix)

Electric drilling equipment.

(x)

The use of Tier 4 or better diesel engines.

(12)

Reclamation. The operator shall comply with COGCC interim and final reclamation requirements. Seeding shall take place when climate is conducive to seed germination. Final facility reclamation shall ensure compatibility with neighboring land uses at the time of reclamation.

(13)

Removal of Debris. All excess debris shall be removed during construction activities. Site shall remain free of debris and excess materials at all times during operations. No burning of debris permitted for any activity on facility, including, but not limited to, drilling, hydraulic fracturing, flowback, recompletion, redrilling or plugging and abandoning.

(14)

Removal of Equipment. No permanent storage of equipment shall be permitted. When no longer used, equipment shall be removed within 30 days unless surface owner agrees and Director agrees to temporary equipment remaining on site for more than 30 days.

(15)

Flowlines and Crude Oil Transfer Lines.

(a)

Any newly constructed or substantially modified off-location oil and gas flow lines or crude oil transfer lines proposed as part of an applicant's oil and gas facility are subject to an ODP review and approval under Section 11-4-14, W.M.C.

(b)

Off-location flow lines and crude oil transfer lines shall be sited to avoid areas containing existing or proposed residential, commercial, and industrial buildings; places of public assembly; surface water bodies; areas that are disruptive to wildlife habitats; and City open space. Pipelines shall not be constructed within the Standley Lake Source Water Protection Zone or the Woman Creek Protection Zone.

(c)

Without compromising pipeline integrity and safety, applicant shall share existing pipeline rights-of-way and consolidate new corridors for pipeline rights-of-way to minimize impact.

(d)

For off-location flow lines and crude oil transfer lines, setbacks from residential, commercial, or industrial buildings, places of public assembly, the high-water mark of any surface water body and sensitive environmental features will be determined on a case-by-case basis in consideration of the size and type of pipeline proposed and features of the proposed site.

(e)

The operator shall comply with the City's right-of-way permit, license agreement, public improvements agreement, or private improvement agreement, and easement processes, as applicable, for all crude oil transfer lines and off-location flowlines installed in City owned property or rights-of-way.

(f)

Flow lines and crude oil transfer lines shall be located a minimum of 150 feet away from general residential, commercial, and industrial buildings, as well as the high-water mark of any surface water body unless technically infeasible, in which case pipelines shall be constructed in the next most protective location. This distance shall be measured from the nearest edge of the pipeline/flowline. Setbacks from sensitive environmental features will be determined on a case-by-case basis in consideration of the size and type of pipeline proposed and features of the proposed site.

(g)

The operator shall conduct leak detection inspections or pressure testing in order to identify flowline leaks or integrity issues.

(h)

The operator shall make available to the inspector upon request all records required to be kept by COGCC.

(i)

Buried pipelines shall have a minimum of four feet cover.

(j)

New pipelines shall be constructed no closer than five feet from property lines.

(k)

New pipelines shall be constructed in public rights of way, unless technically infeasible.

(l)

The operator shall notify City 30 days prior to any flowline abandonment activities and shall receive final approval from City prior to proceeding with any type of flowline abandonment, whether in place or removal.

(m)

The operator's emergency response plan shall address pipeline spills and ruptures.

(16)

Gathering Lines.

(a)

Gathering lines shall be sited to avoid areas containing existing or proposed residential, commercial, and industrial buildings; places of public assembly; surface water bodies; areas that are disruptive to wildlife habitats; and City open space. Gathering Lines shall not be constructed within the Standley Lake Source Water Protection Zone or the Woman Creek Protection Zone.

(b)

Without compromising gathering line integrity and safety, the operator shall share existing pipeline rights-of-way and consolidate new corridors for pipeline rights-of-way to minimize impact.

(c)

Setbacks from residential, commercial, or industrial buildings, places of public assembly, the high-water mark of any surface water body and sensitive environmental features will be determined on a case-by-case basis in consideration of the size and type of pipeline proposed and features of the proposed site.

(d)

The operator shall make available to City upon request all records submitted to or the PUC including those related to inspections, pressure testing, pipeline accidents and other safety incidents.

(e)

The operator's emergency response plan shall address gathering line spills and ruptures.

(17)

Spills and Releases. To minimize spills and releases from oil and gas facilities, the following measures shall be required, as applicable based on the nature and location of the facility:

(a)

Berms or other secondary containment devices around crude oil, condensate, and produced water storage tanks enclosing an area sufficient to contain and provide secondary containment for 150 percent of the largest single tank. Berms or other secondary containment devices shall be sufficiently impervious to contain any spilled or released material. Inspection of all berms and containment devices at regular intervals, but not less than monthly. Maintenance of all berms and containment devices in good condition. A prohibition on the storage of ignition sources inside the secondary containment area unless the containment area encloses a fired vessel.

(b)

Construction of containment berms using steel rings, designed and installed to prevent leakage and resist degradation from erosion or routine operation.

(c)

Construction of secondary containment areas with a synthetic or engineered liner that contains all primary containment vessels and flowlines and is mechanically connected to the steel ring to prevent leakage.

(d)

For locations within 500 feet and upgradient of a surface water body, tertiary containment, such as an earthen berm, around oil and gas facilities.

(e)

A prohibition on more than two crude oil or condensate storage tanks within a single berm.

(f)

Notification to the City of all spills of a gallon or more that leaves the facility, all spills of any material on permeable ground at the facility that has a reportable spill quantity under any law and copies of any self-reporting submissions that operator provides to the COGCC.

(g)

The operator shall keep a daily incident log that is to be submitted to the City monthly.

(h)

Prohibition of onsite storage of waste in excess of 30 days.

(i)

No permanent storage of drilling and completions chemicals. Drilling and completion chemicals shall be removed at most 60 days after completion.

(18)

Temporary Access Roads. The operator shall assure that temporary access roads are reclaimed and revegetated within 60 days of discontinued use. Erosion shall be controlled while they are in use.

(19)

Water Quality. To minimize impacts to surface and sub-surface water bodies from oil and gas facilities, the following measures shall be required:

(a)

To prevent harm to human health and odors, prohibitions on toxic, including orally toxic, Prohibition of chemicals dangerous to human health chemical additives in hydraulic fracturing fluids, including, but not limited to, all chemicals listed in COGCC Table 437-1 and Polysorbate 80.

(b)

Operator shall provide a copy of the anti-collision analysis that is required by the COGCC.

(c)

Groundwater Sampling Analysis Plan. Using records of the Colorado Division of Water Resources, the applicant shall identify and offer to sample all available water sources located within one-half mile of the projected track of the borehole of a proposed well and within one-half mile of the radius of the proposed well or facility. Sampling requirements include:

(i)

Initial baseline samples and subsequent monitoring samples shall be collected from all available groundwater sources within one-half mile of the projected track of the borehole of a proposed well and one-half mile radius of the facility or multi-facility.

(ii)

Initial collection and testing of baseline samples from available groundwater sources shall occur within 12 months prior to the commencement of drilling a well, or within 12 months prior to the re-stimulation of an existing well for which no samples were collected and tested during the previous 12 months.

(iii)

Post-stimulation samples of available water sources shall be collected and tested pursuant to the following time frame:

(a)

One sample within six months after completion.

(b)

One sample annually after completion throughout the life of the well.

(iv)

The operator shall collect a sample from at least one up-gradient and two down-gradient water sources within a one-half mile radius of the facility. If no such water sources are available, operator shall collect samples from additional water sources within a radius of up to one mile from the facility until samples from a total of at least one up-gradient and two down-gradient water sources are collected. The operator should give priority to the selection of water sources closest to the facility.

(v)

An operator may rely on existing groundwater sampling data collected from any groundwater source within the radii described above, provided the data was collected within the 12 months preceding the commencement of drilling the well, the data includes measurement of all of the constituents measured in Table 1, and there has been no significant oil and gas activity within a one-mile radius in the time period between the original sampling and the commencement of drilling the well.

(vi)

The operator shall make reasonable efforts to obtain the consent of the owner of the water source. If the operator is unable to locate and obtain permission from the surface owner of the Water Source, the operator shall advise the Director that the applicant could not obtain access to the water source from the surface owner.

(vii)

Testing for all analytes listed in Table 1, and subsequent testing as necessary or appropriate.

(viii)

The water quality plan shall notate the specific standard method to be used for the analysis of each analyte. The standard method used shall be industry standard and shall be appropriate for the application.

(ix)

Reporting the location of the water source using a GPS with sub-meter resolution.

(x)

Field Observations. Reporting on damaged or unsanitary well conditions, adjacent potential pollution sources, odor, water color, sediment, bubbles, and effervescence.

(xi)

Test Results. Provide copies of all test results described above to the Director, COGCC, and the water source owners within two weeks of receipt of test results and no longer than 30 days after collecting the samples.

(xii)

Subsequent Sampling. City staff shall review water quality testing results and determine if sampling shows water contamination. Staff will use these standards and other standards as deemed appropriate to determine if further action is required.

(a)

If free gas or a dissolved methane concentration level greater than four micrograms per liter (µg/l) is detected in a water source, determination of the gas type using gas compositional analysis and stable isotope analysis of the methane (carbon and hydrogen).

(b)

If test results indicate thermogenic or a mixture of thermogenic a biogenic gas, an action plan shall be developed to determine the source of the gas and a mitigation plan shall be developed for sources resulting from the owner's operation.

(c)

If any of the BTEX constituents (benzene, toluene, ethylbenzene, or xylene) are detected at levels above one half (0.5) µg/L or if TPH is detected at any level, the operator shall immediately notify the Director of the Public Works and Utilities Department, COGCC, CDPHE, and the owner of the water source. Repeat sampling shall be completed within 24 hours of receipt of initial test results. Preliminary test results shall be submitted to the Director, COGCC, and the water source owner within 48 hours, and a complete analytical report with quality control information included shall be provided to the Director within five business days after repeat sampling. If repeat sampling continues to show BTEX and/or TPH in the groundwater sample, the operator shall promptly identify a plan to identify the source of the contamination and to the extent contamination has resulted from the owner's activities a mitigation plan shall be created and implemented promptly.

(d)

Further water source sampling in response to complaints from water source owners may be required.

(xiii)

Qualified Independent Professional Consultant. All abandoned well assessments and water source testing shall be conducted by the applicant or, if requested by a surface owner or the City, by a qualified independent professional consultant approved by the Director. The City may require split samples to be made available to the City for testing by the City or by a third-party contractor.

(d)

Surface Water Sampling Analysis Plan. The applicant shall identify all surface water bodies to include ditches, reservoirs, streams, and rivers within 500 feet of the proposed facility. Sampling requirements include:

(i)

Initial baseline samples and subsequent monitoring samples shall be collected from all water sources within 500 feet of the proposed facility.

(ii)

Initial collection and testing of baseline samples from available water sources shall occur within one month prior to the commencement of drilling a well, or within one month prior to the re-stimulation of an existing well.

(iii)

Post-stimulation samples of available water sources shall be collected and tested quarterly over the life of the well and shall appropriately address seasonal variability in water flows.

(iv)

The operator shall make reasonable efforts to obtain the consent of the surface owner of all surface water sources. If the operator is unable to locate and obtain permission from the surface owner, the operator shall advise the Director that the applicant could not obtain access to the water source from the surface owner. The City may evaluate if alternate testing locations are possible, and the operator shall work with the City to address alternate locations.

(v)

Testing for all analytes listed in Table 1, and subsequent testing as necessary or appropriate.

(vi)

The water quality plan shall notate the specific Standard Method to be used for the analysis of each analyte. The Standard Methods used shall be industry standard and shall be appropriate for the application.

(vii)

Reporting the location of the water source using a GPS with sub-meter resolution.

(viii)

Test Results. Provide copies of all test results described above to the Director and the COGCC within two weeks of receipt of test results and no longer than 30 days after collecting the samples.

(ix)

Subsequent Sampling. City staff shall review water quality testing results and determine if sampling shows water contamination. Staff will use these standards and other standards as deemed appropriate to determine if further action is required.

(a)

If free gas or a dissolved methane concentration level greater than one milligram per liter (mg/l) is detected in a water source, determination of the gas type using gas compositional analysis and stable isotope analysis of the methane (carbon and hydrogen).

(b)

If test results indicate thermogenic or a mixture of thermogenic a biogenic gas, an action plan shall be developed to determine the source of the gas and a mitigation plan shall be developed for sources resulting from the owner's operation.

(c)

If any of the BTEX constituents (benzene, toluene, ethylbenzene, or xylene) are detected at levels above one half (0.5) µg/L, if TPH is detected at any level, or if any metals are detected above baseline sampling, the operator shall immediately notify the Director, COGCC, CDPHE, and the owner of the water source. Repeat sampling shall be completed within 24 hours of receipt of initial test results. Preliminary test results shall be submitted to the Director, COGCC, and the water source owner within 48 hours, and a complete analytical report with quality control information included shall be provided to the Director within five business days after repeat sampling.

(d)

Further water source sampling in response to other water quality concerns related to oil and gas operations may be required.

(x)

Qualified Independent Professional Consultant. Water source testing shall be conducted by the applicant or, if requested by a surface owner or the City, by a qualified independent professional consultant approved by the Director. The City may require split samples to be made available to the City for testing by the City or by a third party contractor.

(e)

The water quality plan shall include all necessary components to meet all permitting requirements of the City's stormwater MS4 permit program.

(f)

The water quality plan shall include a control plan that establishes that all facilities shall use most effective performance techniques and best management practices to minimize impacts to water quality, including plans for water quality testing, prevention of illicit or inadvertent discharges, and containment of pollutants as required by the Code, and State and federal requirements.

(20)

Weed Control. Weed control shall be required at the facility until final reclamation and abandonment.

(21)

Well Abandonment or Decommissioning. The operator shall comply with any COGCC rules and regulations regarding well abandonment, decommission, or reclamation. Upon plugging and reclaiming a well, the applicant shall provide the City with surveyed coordinates of the decommissioned or reclaimed well. The City inspector shall be onsite during plugging and abandoning.

(22)

Flowlines and Crude Oil Transfer Lines Abandonment.

(a)

The operator shall receive final approval from the City before proceeding with pipeline abandonment activities. The City will require removal of pipelines, unless the City determines removal causes greater adverse impacts to public health, safety, welfare, the environment, and wildlife resources than abandonment in place.

(b)

With respect to pipelines abandoned in place, a tracer shall be placed in any nonmetal line.

(c)

All lands disturbed by removal of pipelines shall be reclaimed and revegetated.

(23)

Regulations. The operator shall comply with all applicable State and federal laws and regulations, as such regulations exist now and as may be more stringent in the future.

(24)

Sight Access and Security. The site shall be properly secured, including, but not limited to, security fencing or barriers to prevent unauthorized access to the site. The site shall be properly secured prior to the start of drilling. Proposed fencing, barriers, and screening shall be included in visual mitigation plan.

(25)

Flammable Material. The area 25 feet around anything flammable shall be kept free of dry grass or weeds, conform to COGCC safety standards, and applicable fire code. The operator's pre-application and application shall be reviewed by the City Fire Department.

(26)

Mud Tracking. Mud tracking on City streets shall be de minimus. The operator shall take all practical measures to prevent mud and operator shall clean up any mud tracked onto City streets from all construction and operations within a reasonable time not to exceed two hours.

(27)

Trailers. A construction trailer is permitted during active drilling and completions only. No residential trailers shall be allowed. Only equipment needed for the project is permitted to be on site.

(28)

Visual Screening. The operator shall construct a 32-foot wall to screen facility from view and provide noise and light mitigation with such walls to be colors that blend with the surrounding natural background. Screening shall be clearly identified on the phasing plan to identify when and what type of screening is required.

(29)

Landscaping. A landscaping and berming plan approved by City shall include maintenance and irrigation requirements for planted vegetation throughout the duration of operations, including production. The operator shall be required to provide maintenance financial security to ensure funds are available for upkeep.

(30)

Odor. The operator shall take odor mitigation measures, including the following, as required by the City based on the nature of the facility:

(a)

Adding an odorant which is not a masking agent or adding chillers to the muds.

(b)

Enclosing shale shaker to contain fumes from exposed mud, where safe.

(c)

Wiping down the drill pipe each time the drilling operation "trips" out of the hole.

(d)

Increasing additive concentrations during peak hours.

(e)

Using filtration systems or additives to minimize odors from drilling and fracturing fluids except that operator shall not mask odors by using masking fragrances.

(f)

Using category IV or better drilling muds.

(31)

Risk Analysis. The operator shall submit a site-specific detailed quantitative and qualitative risk management plan for pipelines and oil and gas facilities. The plan shall identify risks, include a qualitative and quantitative risk assessment and list methods of risk avoidance and control that implement techniques to prevent accidents and losses and reduce the impact or cost of an accident or loss after it occurs.

(32)

Safety Management Plan and Management System Applicable to All Covered Processes at the Facility. Safety management system shall provide for employees and systems to oversee implementation and periodic revision of the plan. The plan shall include the following elements and describe the manner in which each of the following elements will be applied to the covered processes:

(a)

Process Safety Information. Compilation of written process safety information needed to conduct process hazard analysis. Process safety information shall include information pertaining to hazards of substances and chemicals used by the process, information pertaining to the technology of the process, information pertaining to the equipment used in the process, and information pertaining to the hazards of the substances or chemicals in the process. Documentation that equipment used in the process complies with recognized and generally accepted good engineering practices.

(b)

Operating Procedures. Written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information, and at least annual review of operating procedures to ensure they reflect current operating practices.

(c)

Employee Participation. A plan for ensuring employee participation in conduct and development of process hazards analysis and access to process hazards analysis.

(d)

Training. Written procedures detailing initial and refresher employee training requirements and documentation of employee training.

(e)

Mechanical Integrity. Written procedures designed to maintain the on-going integrity of process equipment, ensure employees involved in maintenance are properly trained to ensure the ongoing integrity of process equipment, ensure that process equipment is tested and inspected in accordance with manufacturer specifications, correct deficiencies in equipment in a safe and timely manner, and ensure that new equipment is installed or constructed properly.

(f)

Management of Change. Written procedures to manage changes to covered processes, technologies, equipment and procedures.

(g)

Pre-Startup Reviews. Written procedures regarding pre-startup safety reviews.

(h)

Compliance Audits. Written procedures requiring an audit every three years to verify compliance with the procedures and practices developed under the safety management plan, and procedures requiring correction of any deficiencies identified in audit; the operator shall make results of audit available to inspector upon request.

(i)

Incident Investigation. Written procedures requiring investigations of all near-misses and incidents, including root cause analysis of all incidents resulting in fatalities or serious environmental harm, establishing a system to promptly address and resolve the incident, and requiring that all employees and contractors whose job tasks are relevant to the investigation of the near miss or incident review the investigation report.

(j)

Hot Work. The facility shall ensure that all hot work complies with City and State fire prevention and protection requirements.

(k)

Contractors. Written procedures describing how the operator screens, oversees, shares process safety and emergency response and preparedness information with contractors.

(l)

Process Hazard Analysis. Process hazard analysis for each covered process.

(m)

Incident History. List of all incidents that have occurred at the operator's facilities in the United States within the last five years, along with any investigation reports, root cause analysis, and operational or process changes that resulted from the investigation of the accident.

(n)

Safety Culture Assessment. Written procedures requiring the operator to periodically review safety culture, and at a minimum conduct such review after each major accident.

(o)

Inherently Safer Systems Analysis. Require analysis at least every five years, whenever a change is proposed at the facility that could result in an incident, after an incident if recommended by the investigation report or root cause analysis, and during the design of new processes, equipment or facilities.

The safety management plan is subject to review by the Director periodically, but at least every three years and after any incident. The City may retain outside consultants to review the plan and may request modifications based on its review and public input.

(33)

Safety and Accidents.

(a)

Incidents. Within a week for any safety incident, the operator shall submit a report to the City, including the following, to the extent available:

(i)

Fuel source, location, proximity to residences and other occupied buildings, cause, duration, intensity, volume, specifics and degree of damage to properties, if any beyond the facility, injuries to persons, emergency response, and remedial and preventative measures to be taken within a specified amount of time.

(ii)

The City may require the operator to conduct root cause analysis of any incidents.

(b)

Automatic Safety Protective Systems and Surface Safety Valves. The operator shall install an automated safety system prior to commencement of production. The automated safety system shall include the installation, monitoring, and remote control of a subsurface safety valve and shall be able to remotely shut in wells on demand. The subsurface safety valve shall be equipped to operate remotely via the automated safety protective system. The operator shall test automated safety system quarterly to ensure functionality and provide results of testing to City quarterly.

(34)

Financial Security/Insurance Requirements.

(a)

The operator shall maintain or cause to be maintained, with insurers authorized by the State of Colorado and carrying a financial strength rating from A.M. Best of no less than A- VII (or a similar rating from an equivalent recognized ratings agency), at a minimum, the following types of insurance with limits no less than the amounts indicated:

(i)

Commercial general liability insurance on an occurrence form, including coverage for bodily injury and property damage for operations and products and completed operations with limits of not less than $1,000,000.00 each and every occurrence and an aggregate of not less than $2,000,000.00.

(ii)

Automobile liability insurance with limits of not less than $1,000,000 each and every occurrence. Workers' compensation coverage for all employees, including employer's liability insurance with limits of $100,000.00 each accident, $100,000.00 disease-each employee and $500,000.00 disease policy limit.

(iii)

Control of well/operators extra expense insurance with limits of not less than $10,000,000.00 covering the cost of controlling a well that is out of control or experiences a blowout, re-drilling or restoration expenses, seepage and pollution damage resulting from an out of control well or blowout as first party recovery for the operator and related expenses, including, but not limited to, loss of equipment and evacuation of residents.

(iv)

Umbrella/excess liability insurance in excess of general liability, employer's liability, and automobile liability with limits no less than $25,000,000.00 per occurrence; provided, however, that for so long as the construction phase, drilling phase or completions phase is ongoing at any of the well sites, the operator shall maintain such insurance with limits no less than $100,000,000.00 per occurrence.

(v)

Environmental liability/pollution legal liability insurance with limits of not less than $5,000,000.00 per pollution incident. Coverage shall include gradual pollution events. Should this insurance be on a claims-made basis, the retroactive date shall precede the date field activities were initiated.

(vi)

A surety bond or other financial security deemed acceptable by the City is required from the operator to ensure performance of all obligations of the operator in compliance with all rules, regulations, and laws imposed by the City, including the obligation to properly plug, abandon, and reclaim all wells, well sites, and pipelines. Prior to the commencement of the drilling of any new oil and gas well, the operator shall procure and deposit with the City a surety bond or other financial security issued by an insurer authorized by the State of Colorado and carrying a financial strength rating from A. M. Best of no less than A- VII. The amount of financial security required is $12.00 per linear foot of the aggregate wellbore of all wells to be drilled subject to a minimum of $100,000.00 and a maximum of $1,000,000.00. The applicable security amount shall be reviewed annually (or earlier by mutual agreement) and shall be released or reduced as wells are plugged, abandoned, and after reclamation.

(b)

The operator shall waive and cause its insurers to waive for the benefit of the City any right of recovery or subrogation which the insurer may have or acquire against the City or any of its affiliates, or its or their employees, officers, or directors for payments made or to be made under such policies.

(c)

The operator shall add the City and its elected and appointed officials and employees as additional insureds under general liability (including operations and completed operations), auto liability, and umbrella liability policies.

(d)

The operator shall ensure that each of the policies are endorsed to provide that they are primary without right of contribution from the City or any insurance or self-insurance otherwise maintained by the City, and not in excess of any insurance issued to the City.

(e)

The operator shall ensure that each of the policies above (excluding workers' compensation and control of well/operators extra expense) are endorsed to state that the inclusion of more than one insured under such insurance policy shall not operate to impair the rights of one insured against another insured and that the coverage afforded by each insurance policy shall apply as though a separate policy had been issued to each insured.

(f)

All policies shall be endorsed such that they cannot be canceled or non-renewed without at least 30 days' advanced written notice to the operator and the City, evidenced by return receipt via United States mail, except when such policy is being canceled for nonpayment of premium, in which case ten days advance written notice is required. Language relating to cancellation requirements stating that the insurer's notice obligations are limited to "endeavor to" are not acceptable.

(g)

The operator shall, prior to permit issuance, and at least annually, deliver certificates of insurance reasonably acceptable to the City confirming all required minimum insurance is in full force and effect.

(h)

Deductibles or retentions shall be the responsibility of the operator. Deductibles or retentions shall be listed on the certificate of insurance required herein and are subject to the reasonable approval of the City.

(i)

The operator shall require any of its subcontractors to carry the types of coverage and in the minimum amounts in accordance with the requirements this Section. The operator agrees that it shall be responsible for any damage or loss suffered by the City as a result of non-compliance by the operator or any subcontractor with these requirements.

(j)

If the operator's coverage lapses, is cancelled or otherwise not in force, the City reserves the right to obtain insurance required herein and charge all costs and associated expenses to the operator, which shall become due and payable immediately.

(k)

Term. All required insurance, bonds, or other financial security required by this Section shall be provided to the City prior to commencement of any work, including well pad construction, and shall remain in effect until all wells operated by the operator have been plugged and abandoned and the well site and any associated pipelines, roads, or other facilities have been adequately reclaimed, as determined by the City, unless the financial security has been replaced, released, or reduced by the City. No financial security shall be released or reduced, unless: (A) alternate financial security is provided; or (B) the Director determines that the amount of financial security released or reduced is not necessary to ensure the purpose for which it was provided.

(35)

Land Disturbance and Compatibility. Conditions of approval that will reduce impacts to the site, residential development, natural resources, environmental resources, agricultural resources, floodways and floodplains, wetlands, and recreational activities, and will enhance compatibility with the surrounding area or scenic and rural character may be required, including, but not limited to, one or more of the following:

(a)

Reduction. A reduction of the number of wells on a single pad.

(b)

Pad Dimensions. Adjustment of pad dimensions to the minimum size necessary to accommodate operational needs while minimizing surface disturbance.

(c)

Structures and Surface Equipment. Adjustment of structures and surface equipment to the minimal numbers and size necessary to satisfy operational needs.

(d)

Shared Infrastructure. Use of shared existing infrastructure by oil and gas operations, minimizing the installation of new facilities and avoiding additional disturbance to lands in a manner that reduces the introduction of significant new facility impacts to the environment, landowners and natural resources.

(e)

Vegetation. Maximization of the amount of natural screening available for the facility. Natural screening includes, but is not limited to, the use of existing vegetation as a background, the construction of the facility near screening stands of vegetation, or placement in valleys allowing topographic screening. Construction of the facility in a manner that minimizes the removal of and damage to existing trees and vegetation. If the facility requires clearing trees or vegetation, feathering and thinning of the edges of the cleared vegetation and mowing or brush-hogging of the vegetation while leaving root structure intact, instead of scraping the surface.

(f)

Equipment. Use of low-profile tanks and less intrusive equipment.

(g)

Spills and Leaks. A plan to monitor for fluid leaks or spills.

(h)

The operator shall identify and mitigate through location of facilities and berms potential environmental impacts to drainage ways in a form acceptable by the City.

(i)

Transportation. Conditions of approval that will ensure public safety for all modes of travel along travel routes to and from the site and maintain quality of life for other users of the City transportation system, adjacent residents, and affected property owners, including a requirement that the applicant use a particular route for some or all of the pad construction, drilling, and completion phases of the oil and gas facility; maintenance practices on the proposed route during pad construction, drilling, and completion designed and implement to adequately minimize impacts; and, compliance with City transportation standards.

(36)

New Technologies. The operator shall review its operations every five years and retrofit with new beneficial technology if feasible in consultation with the City.

(J)

Approval Required. Development of an oil and gas facility shall not commence until and unless and ODP has been approved and all required permits from COGCC and from the City have been obtained.

(K)

Variances.

(1)

Variance Request. In the ODP process, an applicant may request a variance from any provision of this Section. A request for a variance under this subsection may be included in the applicant's application and shall be processed, reviewed and granted, granted with conditions, or denied in accordance with and as part of the ODP approval process, as applicable. The variance provisions of Section 2-2-8, W.M.C. or Section 11-11-8, W.M.C. shall not be applicable to a variance request under this subsection.

(2)

Grounds for Variance. A variance from the application of any provision of this Section, other than Section 11-4-14(F)(5), W.M.C., may be granted on the basis of one or more of the following grounds. A variance may be in the form of a waiver or modification, as applicable:

(a)

There is no technology commercially available at a reasonable cost to conduct the proposed oil and gas operation in compliance with the provision, and granting a variance from the operation of the provision will not have an adverse effect on the public health, safety, or welfare, the environment, or wildlife resources.

(b)

An alternative approach not contemplated by the provision is demonstrated to provide a level of protection of the public health, safety, and welfare, the environment, and wildlife resources that would be at least equivalent to the applicable provision.

(3)

Grounds for a variance from Section 11-4-14(F)(5), W.M.C. A variance from the application of Section 11-4-14(F)(5), W.M.C. may be granted if City Council finds, after a hearing, that the proposed oil and gas location and conditions of approval will provide substantially equivalent protections for public health, safety, welfare, the environment, and wildlife resources.

(L)

Transfer of Official Development Plan. Official Development Plans may be assigned to another operator only with the prior written consent of the Director and upon a showing to the City that the new operator can and will comply with all conditions of the transferred ODP and with all of the applicable provisions of this Section. The existing operator shall assign the ODP to the new operator on a form provided by the City and the new operator shall also sign the form agreeing to comply with all of the conditions of the ODP and all applicable provisions of this Section.

(M)

Conflicting Provisions; Enforceability. In the event of a conflict between the provisions of this Section and any other provision of this Title, the provisions of this Section shall control.

(N)

Unlawful Acts. Except as otherwise provided in this Section, it is unlawful to construct, install, or cause to be constructed or installed, any oil and gas facility within the City, unless approval has been granted by the City with an ODP. The unlawful drilling or redrilling of any well or the production therefrom is a violation of this Section.

(O)

Remediation of Leaks and Spills. Upon immediate discovery of any leaks or spills greater than five barrels, the operator shall suspend all operations. The operator shall immediately notify the City pursuant to the emergency preparedness and response plan and any other entities as required by the COGCC rules and regulations and City-approved plans. The operator shall immediately take action to stop the leak or spill and begin clean-up and remediation pursuant to COGCC rules and regulations and City-approved plans.

(P)

Suspension or Revocation of Official Development Plan. If the City believes the operator has violated a condition of the ODP or that there are material changes in the approved oil and gas facility, the City after investigating, may, for good cause, temporarily suspend the ODP. Upon oral or written notification, the operator shall cease operations immediately. As a condition precedent to terminating the ODP, the City shall provide written notice to the operator specifying, in reasonable detail, the failure and the remedy required. The operator shall then have a period of 45 days in which to remedy the failure, or if the failure is of a nature that cannot be remedied within that 45-day period, the operator shall have commenced to remedy the failure and shall diligently complete the remedy. City authorization is required to re-start facilities that have been suspended under an ODP. If operator fails to remedy a material default in the manner set forth above, upon written notice, the City may terminate the ODP and revoke any or all approvals for operations of the subject oil and gas facilities. Upon such revocation, the operator shall cease operating such oil and gas facilities, except those mitigation and remediation measures necessary to address the violations, until it obtains approval for such wells under the then-applicable Code.

(Q)

Penalty. Subject to other applicable provisions of law, any person who constructs, installs, or uses, or who causes to be constructed, installed, or used, any oil, gas, or injection well, or facility in violation of any provision of this Section or of the conditions and requirements of the ODP, may be punished as provided in Section 11-1-3, W.M.C. Each day of such unlawful operation constitutes a separate violation. This subsection shall not apply to violations of the regulations contained in Subsection 11-4-14 (I)(8), W.M.C. which may be punishable by a fine of up to $300.00 per day per violation as allowed by the Air Pollution Prevention and Control Act.

(R)

Civil Action; Enforcement. In case of any violation of this Section, including, but not limited to: (a) nonconformance with an ODP, (b) nonconformance with plans submitted and approved by the City pursuant to this Section, or (c) a building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any provision of this article or the conditions and requirements of the ODP, the City Attorney, in addition to the other remedies provided by law, ordinance, or resolution, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use. The enforcement provisions of this Section shall apply to all ODPs approved pursuant to this Section.

(S)

False or Inaccurate Information. The Director may revoke approval of an ODP if it is determined after an administrative hearing, held on at least ten days' notice to the applicant, that the applicant provided information or documentation upon which the approval was based, which the applicant, its agents, servants, and employees, knew, or reasonably should have known, was materially false, misleading, deceptive, or inaccurate.

(T)

Severability. If any provision of this Section is found by a court of competent jurisdiction to be invalid, the remaining provisions of this Section shall remain valid, it being the intent of the City that the provisions of this Section are severable.

(U)

Prospective Application. Unless specifically provided otherwise, this Section shall apply only to wells which are drilled in the City on and after the date this Section is adopted. The reentering of a well in existence prior to the date of adoption of this Section, for purposes of deepening, recompleting, or reworking, shall not require approval of an ODP as required by this Section, unless such work requires a new or modified permit from COGCC.

(V)

Abandonment and Plugging of Wells. The approval of an ODP shall not relieve the operator from complying with all COGCC rules and regulations with respect to abandonment and plugging of wells. The operator shall provide the City with COGCC Form 4 at the time that it is filed with the COGCC.

(W)

Application, Inspection, Monitoring and Facility Fees. When an application is submitted to the City for an ODP under this Section, the applicant shall pay to the City a $5,000.00 oil and gas application review fee for each facility. The operator shall pay for any reasonable expenses the City may incur pursuant to hiring the City's third-party consultants to perform reviews, inspections, or monitoring in connection with the operator's oil and gas facility.

(X)

Coordination with Air Quality Control Commission. Pursuant to Section 25-7-128(4), C.R.S., upon the issuance of any enforcement order or granting of any permit, the City shall transmit to the AQCC a copy of the order or permit. Pursuant to Section 25-7-128(6), C.R.S., the City shall confer and coordinate its activities regarding efforts to control or abate air pollution consistent with that provision.

(Y)

Defense and Indemnit. The operator shall defend and indemnify the City, its employees, boards, agents, and City Council (the "City entities") from and against all claims and liability against the City Entities arising out of or related to the operations of the operator at any oil and gas facility and any action or inaction of the operator at or in connection with any oil and gas facility, including but not limited to, claims for bodily injury, death, property or other damage, remediation or other costs, or claims under any local, State, or federal environmental law. As used in this paragraph, the term "claim" means any claim filed in any judicial or administrative forum and any administrative proceeding or order. The defense and indemnity does not apply to a claim or liability that arises from the negligence or willful misconduct of the City Entities.

(Z)

Hearings, Enforcement, and Appeal Procedures Required by the Air Pollution Prevention and Control Act.

(1)

Hearings. An operator may request a hearing in front of City Council to contest any alleged violations of conditions of approval contained in subsection 11-4-14(I)(8), W.M.C. City Council may appoint a hearing officer to hear and decide any contested alleged violation of an emission control regulation. The following procedures are applicable to all such hearings.

(a)

Requests for a hearing shall be granted within 15 days of receipt of such request. A hearing date shall be set within 90 days. Notice of the hearing shall be printed in a newspaper of general circulation in the area where the oil and gas facility is located. The Director shall appear as a party in all hearings adjudicating decisions regarding alleged violations.

(b)

The Director shall have the same right to judicial review as other parties. All testimony shall be under oath or affirmation. A full and complete record of proceedings and testimony presented shall be taken and filed.

(c)

Information related to secret processes or methods of manufacture or production shall be kept confidential, to the extent permitted by law. The person seeking to keep information confidential has the burden of proof. Except as provided in the Clean Air Act, information claimed to be related to secret processes or methods of manufacture or production which is emissions data may not be withheld as confidential; except such information may be submitted under a claim of confidentiality and the City shall not disclose such information, unless required under the Clean Air Act.

(d)

Any person who is affected and not adequately represented shall have an opportunity to be a party upon prior application to and approval by City Council or the hearing officer, in Council's or the hearing officer's discretion; such party shall have the right to be heard and cross-examine witnesses.

(e)

City Council or the hearing officer shall make a decision within 30 days of completion of the hearing.

(f)

The burden of proof is on the Director with respect to the alleged violations.

(g)

When the operator requests a hearing before City Council on an ODP involving air quality provisions contained therein, the operator bears the burden of proof with respect to justification therefore and information, data, and analysis supportive thereof or required with respect to its request for a hearing contesting the alleged violation.

(AA)

Response Protocol to Complaints. In the event of any complaint that an oil and gas facility is causing an adverse impact to public health, safety, welfare, the environment, or wildlife resources, the City may require the operator to take any or all of the following actions to eliminate or mitigate the cause of the adverse impact:

(1)

Institute a protocol to determine the cause of the impact.

(2)

Employ best management practices to eliminate or mitigate the cause of the impact. Best management practices may include the use of a new technology or method.

(3)

Provide any information related to activities at the oil and gas facility.

(2534; Ord. No. 4078, § 3, 6-28-2021; Ord. No. 4255, § 7, 7-22-2024)

(A)

Continuing Uses: Except as provided in this section, the lawful use and location of any structures existing at the time of enactment of this chapter, or any amendments thereto, may be continued, even though such use or location does not conform to the requirements of this chapter.

(B)

Repairs and Maintenance: Ordinary repairs and maintenance of a nonconforming building shall be permitted.

(C)

Restoration: A nonconforming structure that has been damaged by fire or other causes may be restored to its original condition, provided such work is commenced within one year of such calamity and cost of repairing such structure does not exceed 50 percent of the total replacement cost of the structure.

(D)

Abandonment: Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformance with the provisions of this chapter, except as provided in subsection (C) above.

(E)

Change in Use: A nonconforming use shall not be changed to a use of less restrictive classification; such nonconforming use may, however, be changed to another use of the same or more restrictive classification.

(F)

Extensions: A nonconforming use shall not be extended.

(G)

Conforming Uses Made Nonconforming by Public Projects: If a conforming use is made nonconforming due to a purchase or condemnation of land by a public entity for the purpose of constructing a public improvement, the following exemptions from this section shall apply:

(1)

If a use is made nonconforming due to loss of required parking spaces, the structure may be restored pursuant to subsection (C) up to and including 100 percent of the total replacement cost. Such use shall be subject to subsections (E) and (F), unless the change in use or extension is otherwise permitted by this Code and would not require additional parking spaces. The use shall not be subject to subsection (D).

(2)

If a use is made nonconforming due to encroachment into a required setback, the structure may be restored pursuant to subsection (C) up to and including 100 percent of the total replacement cost. Such use shall be exempt from subsections (D), (E) and (F), except that no extension of the use shall encroach further into the setback than was previously encroached upon as a result of the public improvement project.

(3)

The exemptions contained in this subsection (G) shall apply only in the Westminster Urban Renewal area, as defined by the Westminster Urban Renewal Plan, adopted pursuant to Resolution No. 43, Series of 1992, as enacted by the Westminster City Council.

(2534)

Editor's note— Ord. No. 3919, § 4, adopted Feb. 26, 2018, repealed § 11-4-16, which pertained to adoption, implementation and compliance with City's Comprehensive Plan and derived from Ords. 2534, 3770.

(A)

Scope: A temporary use permit allows for the displaying, selling, offering for sale, offering to give away or giving away of anything of value, including any good, service or amusement that is not permanent in nature and does not involve any permanent structure, but which occupies any single location within the City for more than two hours at a time. Examples include a Christmas tree lot, pumpkin patch, parking lot sale, carnival and other promotional use involving a temporary outdoor display, wagon, handcart, pushcart or motor vehicle, and temporary outdoor dining areas. The selling or giving away of used merchandise is not permitted as a temporary use.

(1)

Temporary Outdoor Dining Areas: When the indoor patron capacity of a restaurant, bar, tavern, or similar establishment is either voluntarily or involuntarily reduced, a capacity amount equal to the indoor reduction may be accommodated outdoors in accordance with the provisions of this section.

(B)

Zoning Compliance: All temporary uses conducted pursuant to this chapter shall conform to the zoning provisions of this Code, including the Sign Code, unless otherwise provided herein.

(C)

Time Period: The temporary use permit shall designate the specific location for the use and the time period for which the permit is to be issued. Permits may not be issued for any temporary use for more than 60 days per calendar year. The 60 days may run consecutively or be broken into increments, such as weekends; however, because of the intended temporary nature of the use, incremental periods shall not extend beyond 30 cumulative weeks or weekends per calendar year. Temporary outdoor dining areas as described above may be issued a temporary use permit for a time period equal to the amount of time that the establishment has reduced its indoor capacity; however, no temporary outdoor dining area shall be permitted for a time period that exceeds 180 consecutive days within any 12-month period.

(D)

Permit Required: It shall be unlawful for any person to engage in a temporary use within the city limits of Westminster without first obtaining a permit as provided herein.

(E)

Exemptions:

(1)

This section does not apply to persons who knock on the door or otherwise attempt to contact or speak to the occupant of a private residence for the purpose of: (a) selling, distributing or offering to sell or distribute, services, food, beverages, goods or merchandise, or (b) distributing information about services, food, beverages, goods or merchandise, or (c) inviting or attempting to discuss verbally or in written form, ideas and issues, or (d) distributing written information, or (e) seeking funds or other forms of assistance.

(2)

This section shall not be construed to require a temporary use permit for the temporary outdoor extension of regular indoor commercial activity, such as a sidewalk sale, so long as the outdoor use is allowed pursuant to the zoning for the property. Temporary outdoor dining areas are not subject to this exemption.

(3)

This section shall not apply to yard sales, garage sales or estate sales in a residential area, unless such a sale is subject to the sales and use tax provisions of this Code. Children selling drinks, such as lemonade, at their own homes shall be exempted from the application of this chapter.

(4)

This section shall not apply to the temporary use of parks, community buildings and recreational facilities, which are addressed in Chapter 2 of Title XIII.

(F)

Application: An applicant for a temporary use permit shall submit to the Community Services Department a completed, signed application on a form to be furnished by the Planning Division, as well as the following information:

(1)

Written authorization from the real property owner of the applicant's right to use such property.

(2)

A written description of the nature of the activity.

(3)

An illustration or picture of any proposed stand, including measurements.

(4)

An illustration or picture of any proposed signage, including measurements.

(5)

When requested, a list of the individuals or employees who will be operating on behalf of the business within the City.

(6)

Documentation of nonprofit tax status, if applicable.

(7)

Site plan to include:

(a)

The location where the activity will be conducted and the locations of all proposed improvements associated with the temporary use including tables, tents, canopies and other temporary structures, and temporary fencing and other barriers;

(b)

All buildings and structures, including entrance and exit locations;

(c)

All parking spaces, drive aisles, and emergency access aisles, including any area proposed to be blocked off or barricaded for the activity and method of barricade;

(d)

All trash enclosures or receptacles;

(e)

Location of on-site restrooms to be available to employees and/or the public, if any;

(f)

All landscaped areas;

(g)

All freestanding light fixtures; and

(h)

All freestanding signs.

(8)

Additional information, as needed, to assess the proposed temporary use.

(G)

Conditions of Approval: All temporary uses must meet the following criteria:

(1)

The temporary outdoor use is of a seasonal or special event nature;

(2)

All structures subject to any building, construction or fire codes shall comply with such codes;

(3)

Permitted signage may include: signs as permitted by Section 11-11-4(B)(6), W.M.C.

(4)

The location of the use shall not obstruct any sight visibility triangle.

(5)

If customers are required to park in order to gain access to the temporary use location, sufficient parking, as determined by the Planning Manager or his/her designee, is available without interfering with the public rights-of-way on sidewalks or streets and without requiring customers to park at another location on private property without the consent of the property owner. A parking study or traffic study may be required.

(6)

Safe access is available by vehicular and pedestrian traffic to the temporary use location without requiring illegal or unsafe turning movements by vehicles or trespass across private property without the consent of the property owner.

(7)

The use shall not:

(a)

Impede access to the entrance of any adjacent building or driveway,

(b)

Be located in such a manner as to interfere with a fire hydrant, fire escape, bus stop, loading zone, or driveway of a fire station, police station, hospital or handicapped parking space or access ramp.

(c)

Occupy or impede access to parking spaces designated as accessible in accordance with the Americans with Disabilities Act.

(d)

Occupy or impede access to required minimum parking spaces in accordance with 11-7-4, W.M.C., Off-Street Parking Standards, unless otherwise approved by the Planning Manager. A parking study or traffic study may be required.

(e)

Involve the use of permanent structures or improvements unless approved on an Official Development Plan.

(8)

Adequate trash receptacles shall be provided, as determined by the Planning Manager or his/her designee.

(9)

Adequate restroom facilities, if needed, as determined by the City, shall be provided either within an existing building or as port-o-lets.

(10)

If needed, as determined by the City, adequate barriers and directional signs shall be installed.

(11)

All other permits and licenses as required by the City for the use have been applied for or obtained.

(H)

Review and Issuance of Permit: Upon receipt of an application for a temporary use permit, the application shall be reviewed by the Department of Community Services and referred to other departments as needed for review.

(1)

If the review determines that one or more of the conditions in (G) above have not been met, the Planning Division will notify the applicant in writing describing the condition or conditions that have not been satisfied.

(2)

An application for a temporary use permit may be denied if any of the conditions in (G) above have not been met, as determined by the Planning Manager or his/her designee. The applicant may appeal a denial to the City Manager, who shall have the final decision.

(3)

No approval for any business license or building permit shall be issued until the temporary use has been reviewed and approved by the City to ensure that the conditions established in this section have been met.

(4)

The permit shall be issued in the individual's name, except as otherwise provided herein. Any permit issued to a firm, association or corporation shall include the name of the authorized representative of the firm, association or corporation, which representative's name shall appear on the application, badge, and permit. No other representative of the same firm, association or corporation shall use the same permit, except as provided in this section.

(a)

If a firm, association or corporation applies for and is granted a permit at the fee set forth in this chapter, it shall obtain badges that identify such entity for purposes of identification and enforcement for its employees under its permit.

(b)

Each business applying for a permit, and wishing to permit employees pursuant to such temporary permit, shall provide such proof as may be required by the City Manager to demonstrate that it is a bona fide business entity separate from its alleged employees.

(I)

Issuance of a permit under this chapter does not in any way relieve an applicant from responsibility for obtaining permission from respective property owners to set up displays and sell goods on private property.

(J)

Conditions of Operation:

(1)

If permitted, each permittee shall carry his or her permit at all times while engaged in the temporary use and shall display it upon request.

(2)

A permit shall be not be transferable to any other location or used by any other person or other legal entity, except as provided in this section.

(3)

Temporary uses may operate at times other than the permanent on-site user, subject to City review and approval.

(4)

All trash or debris accumulation caused by a permittee's activities shall be collected and deposited in a proper trash container daily. Any accumulation of trash or debris that causes the City to incur expense in removing the accumulation shall be cause for the City to revoke the temporary use permit.

(5)

A sales and use tax license shall be obtained, and sales and use taxes shall be paid upon the schedule set by this Code.

(6)

Any permittee issued a permit under this chapter shall comply with all Code requirements, conditions of such permit, and all applicable laws of the City of Westminster and the State of Colorado.

(7)

The permittee shall return the property to its original condition upon conclusion of doing business on the site.

(K)

Fees: The fee to be charged upon application of a temporary use permit shall be as outlined in the Land Use and Development Review Fee Schedule of the City, as amended.

(L)

Inspection: Upon request from a City official who presents his or her City identification, the permittee or permittee's employee shall produce his or her permit and property for inspection.

(M)

Revocation and Termination: If, upon inspection by a City official, a permittee is found to be operating in an unsafe or unlawful manner, or violating any provisions of the Code or the subject permit conditions, a permit may be immediately revoked and denied renewal. In such event, the temporary use shall immediately cease and the permittee shall return the property to its original condition.

(N)

Violation and Penalty:

(1)

It shall be unlawful for any person to violate a provision of this chapter. Violators shall be subject to the penalties provided under Title I of this Code and may also be subject to civil remedies provided by Title IX of this Code. A separate offense shall be deemed committed upon each day such person is in violation of this chapter.

(2)

Nothing in this chapter shall be construed to alter or amend Section 6-3-5, Trespassing, W.M.C.

(1959 3017 3563; Ord. No. 4104, § 1, 12-13-2021; Ord. No. 4255, § 7, 7-22-2024)

(A)

Statement of Intent: The intent of this section is to establish land use regulations to allow short-term rental dwelling units within city limits and provide minimum standards for short-term rental use while minimizing incompatibility with surrounding residential areas. These standards provide additional protection for substantial private and public investments while upholding the health, safety, and welfare of the public.

(B)

Applicability: This section applies to all residential zoning districts or planned unit developments permitting residential land uses.

(C)

Permitted Use: Short Term Rental as defined in Section 5-24-2 may be allowed in any type of Dwelling Unit as defined in Section 11-2-1, provided the following conditions have been met:

(1)

Receive and maintain a City license as required in Section 5-24-3.

(2)

Maintain compliance with all provisions of Title XI applicable to the location's zoning district, Preliminary Development Plan, and Official Development Plan.

(3)

Building Code compliance as outlined in Title XI.

(4)

Fire Code compliance as outlined in Title XI.

(5)

Property Standards compliance as outlined in Title VIII.

(Ord. No. 4199, § 2, 5-22-2023)

(A)

Statement of Intent: The intent of this section is to establish land use regulations to allow accessory dwelling units within city limits and provide minimum standards for accessory dwelling units to promote the health, safety, and welfare of the public.

(B)

Applicability: This section applies to all zoning classifications that allow single-family detached dwelling units as a permitted use.

(C)

Permitted Use: Accessory dwelling units are permitted in conjunction with all single-family detached dwellings on a single lot, subject to the following conditions:

(1)

Accessory dwelling units may be located within the principal dwelling unit, attached to the principal dwelling unit, or located separately on the same lot as the principal dwelling unit.

(2)

Accessory dwelling units shall comply with the same design and development standards, building and fire codes, utility standards, and property maintenance standards required for the principal dwelling unit on the same lot, unless excepted elsewhere in this section.

(3)

Accessory dwelling units within or attached to the principal dwelling shall be provided with a separate entrance from that serving the principal dwelling unit from the exterior of the building or from a common hallway located within the building.

(4)

Accessory dwelling units shall be assigned a separate address from the principal dwelling unit.

(5)

Freestanding accessory dwelling units shall be constructed on a permanent foundation. Temporary structures such as mobile homes and recreational vehicles shall not be used as accessory dwelling units.

(6)

Accessory dwelling units shall not be sold separately from the principal dwelling unit, nor shall the lot on which it is situated be subdivided unless such subdivision has been approved by the City.

(D)

Number Permitted: One accessory dwelling unit is allowed per lot.

(E)

Maximum Lot Coverage: The total combined square footage of the principal dwelling unit plus the accessory dwelling unit shall not exceed the maximum total lot coverage established for the principal dwelling unit.

(F)

Minimum Setbacks:

(1)

Accessory dwelling units shall comply with the front and side setbacks established for the principal dwelling unit.

(2)

Accessory dwelling units shall comply with the rear setbacks established for other accessory building types in the same zone district, or five feet, whichever is greater.

(G)

Maximum Height: The maximum height of an accessory dwelling unit shall be the same as required for the principal dwelling unit on same lot.

(H)

Size Requirements:

(1)

The minimum size for an accessory dwelling unit shall be 190 square feet.

(2)

The maximum size for an accessory dwelling unit shall be 1,200 square feet, or 50 percent of the gross floor area of the principal dwelling unit, whichever is less.

(3)

No accessory dwelling unit shall have more than two bedrooms.

(I)

Minimum Parking Requirement: One new parking space is required for each accessory dwelling unit only if both of the following conditions exist. If none of the following conditions exist, no new parking spaces are required.

(1)

The principal dwelling unit does not include an existing off-street parking space, including a driveway, garage, or tandem parking space, that could be used for an accessory dwelling unit; and

(2)

The principal dwelling is located on a block where on-street parking is prohibited for any reason including access for emergency services.

(J)

Architectural Character: Accessory dwelling units shall maintain the character of the surrounding neighborhood and shall be designed in a manner that is consistent with the principal dwelling in at least three of the following elements:

(1)

Roof pitch and form;

(2)

Soffit and fascia style;

(3)

Exterior wall cladding material;

(4)

Window style, trim, and orientation;

(5)

Exterior door style;

(6)

Architectural features such as, but not exclusive of, building recessions or projections, dormers, balconies, porches, columns, and prominent entry features; or

(7)

Color palette.

(K)

Administrative Approval: Approval of accessory dwelling units shall not require, and may not be elevated to require, a public hearing, a recommendation or a decision by an elected or appointed public body or a hearing officer, provided the accessory dwelling unit meets all requirements of this section.

(L)

Permits Required: No accessory dwelling unit shall be constructed without first obtaining all required building and utility permits.

(M)

Variances: An applicant seeking relief from the strict application of this section may request a variance from the Planning Commission in accordance with the procedures outlined in Section 2-2-8, W.M.C. Variances from the requirements of Section 11-4-19(J) Architectural Character shall be granted only if the Planning Commission finds that the request satisfies the singular criterion outlined in Section 2-2-8(B)(6), W.M.C., which states that the variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located.

(N)

Certificate of Occupancy: A certificate of occupancy may be granted only to an accessory dwelling unit in compliance with this section and only after a certificate of occupancy has been granted to the principal dwelling unit on the same lot.

(Ord. No. 4272, § 4, 11-18-2024)