(a)

As a condition precedent to the approval of any site plan or the issuance of any building permit for a use in any new or existing industrial area of the Town, the user must establish continuing compliance with the performance standards hereinafter set forth.

(b)

The performance standards are as follows:

(1)

Glare and heat. Any operation producing intense glare or heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line.

(2)

Vibration. Industrial operations shall cause no inherent and recurring generated vibration perceptible without instruments at any point along the property line. Transportation facilities or temporary construction are excluded from this restriction.

(3)

Smoke emissions.

a.

No person shall emit or cause to be emitted into the atmosphere from any contamination source of emission whatsoever any air contaminant which is of such a shade or density as to obscure an observer's vision to a degree in excess of twenty percent (20%) opacity.

b.

Exceptions.

1.

No person shall emit or cause to be emitted into the atmosphere from any pilot plant and experimental operations any air contaminant for a period or periods aggregating more than three (3) minutes in any sixty (60) consecutive minutes which is of such a shade or density as to obscure an observer's vision to a degree in excess of forty percent (40%) opacity. This emission standard for pilot plants and experimental operations shall be in effect for a period not to exceed one hundred eighty (180) operating days, cumulative total, from the date such operations commence; thereafter, the twenty percent (20%) opacity limitations provided in Section 16-5-10(a)(3)a. above shall apply to emissions from pilot plants and experimental operations.

2.

Emissions from fireplaces used for noncommercial or recreative purposes shall be exempt from Subsection (3)a. above.

3.

Section 16-5-10(a)(3)a. above shall not apply to emissions during the building of a new fire, cleaning of fires, soot blowing, start-up, any process modification or adjustment or occasional cleaning of control equipment, the shade or appearance of which is not darker than and equivalent opacity so as to obscure an observer's view to a degree not greater than forty percent (40%) for a period or periods aggregating no more than three (3) minutes in any one (1) hour.

4.

Section 16-5-10(a)(3)a. above shall not apply to fugitive dust.

(4)

Odor emissions. No person, wherever located, shall cause or allow the emission of odorous air contaminants from any single source such as to result in detectable odors which are measured in excess of the following limits:

a.

For areas used predominantly for residential or commercial purposes, it is a violation if odors are detected after the odorous air has been diluted with seven (7) or more volumes of odor-free air.

b.

In all other land use area, it is a violation if odors are detected after the odorous air has been diluted within fifteen (15) or more volumes of odor-free air.

c.

When the source is a manufacturing process or agricultural operation, no violation of Subsections a. and b. above shall be cited by the Town, provided that the best practical treatment, maintenance and control currently available shall be utilized in order to maintain the lowest possible emission of odorous gases, and, where applicable, in determining the best practical control methods, the Town shall not require any method which would result in an arbitrary and unreasonable taking of property or in the practical closing of any lawful business or activity if such would be without corresponding public benefit.

d.

For all areas, it is a violation when odors are detected after the odorous air has been diluted with one hundred twenty-seven (127) or more volumes of odor-free air, in which case provisions of Subsection c. above shall not be applicable.

(5)

Particle emission. No particles of fly ash shall exceed two-tenths (0.2) grain per cubic foot of flue gas at a stack temperature of five hundred (500) degrees Fahrenheit.

(Ord. 2020-1620 §3)

(a)

Oil and gas facilities, as defined in this Code, shall be permitted as a conditional use in all zoning districts.

(b)

Oil and gas facilities as conditional uses shall be subject to approval by the Town Board of the conditions hereinafter specifically set forth in lieu of those conditions applicable to conditional uses generally, as set forth in this Code.

(c)

Based upon specific site characteristics, which shall include but shall not be limited to: nature and proximity of adjacent development; prevailing weather patterns, including wind direction; vegetative cover on or adjacent to the site; and topography of the site, the Town Board may, as a condition of approval of any conditional use grant, require any or all of the following methods to mitigate adverse impacts on surrounding properties:

(1)

Visual requirements. To the maximum extent practical, abatement of negative visual impacts of oil and gas facilities shall be addressed through one (1) or more of the following methods:

a.

Use structures of minimal size to satisfy present and future functional requirements.

b.

The facilities shall be kept clean and otherwise properly maintained.

c.

Construction of buildings or other enclosures may be required where facilities create visual impacts that cannot be mitigated because of proximity, density and/or intensity of adjacent residential land use.

(2)

Landscape requirements. Groundcover, shrubs and trees shall be established and maintained in order to adequately buffer the facility.

(3)

Floodplain requirements. The oil and gas facilities shall comply with all applicable federal, state and local laws and regulations when located in a regulatory floodway or a special flood hazard area. All equipment at oil and gas facilities located within a special flood hazard area shall be anchored as necessary to prevent flotation, lateral movement or collapse. Any activity or equipment at any oil and gas facility within a special flood hazard area shall comply with the Code of Federal Regulations (C.F.R.) for the National Flood Insurance Program (NFIP), 44 C.F.R. Parts 59, 60, 65 and 70, and shall not endanger the eligibility of residents of the Town to obtain federal flood insurance.

(Ord. 2020-1620 §3)

(a)

Open or surface mining operations for the development or extraction of solid materials (surface mining), as defined in this Code, shall be permitted as a conditional use in all zoning districts.

(b)

Surface mining as a conditional use shall be subject to approval by the Town Board of the conditions hereinafter specifically set forth in lieu of those conditions applicable to conditional uses generally, as set forth in this Code.

(c)

Based upon specific site characteristics, which shall include but shall not be limited to: nature and proximity of adjacent development; prevailing weather patterns, including wind direction; vegetative cover on or adjacent to the site; and topography of the site, the Town Board may, as a condition of approval of any conditional use grant, require any or all of the following methods to mitigate adverse impacts on surrounding properties, water quality, soil stability, wildlife and vegetation, geologic hazards, cultural and historic resources and recreational resources:

(1)

Hours of operation. Hours of operation may be defined in order to mitigate negative impacts on neighboring properties.

(2)

Noise mitigation. Noise mitigation measures may be defined in a noise mitigation plan.

(3)

Dust mitigation. Dust mitigation measures may be defined in a dust mitigation plan.

(4)

Haul routes. Based upon the specific site location, specific haul routes may be defined in order to mitigate negative traffic impacts.

(5)

Transportation infrastructure improvements. Based upon the specific site location, certain transportation infrastructure improvements may be necessary to safely integrate the increased truck traffic with the surrounding traffic patterns. Improvements may include, but may not be limited to: dedicated acceleration and deceleration lanes, dedicated turn lanes, roadway expansion, traffic signalization, etc.

(6)

Visual requirements. To the maximum extent practical, abatement of negative visual impacts of surface mining shall be addressed through one (1) or more of the following methods:

a.

Use structures of minimal size to satisfy present and future functional requirements.

b.

The facilities shall be kept clean and otherwise properly maintained.

c.

Construction of buildings or other enclosures may be required where facilities create visual impacts that cannot be mitigated because of proximity, density and/or intensity of adjacent residential land use.

(7)

Landscape requirements.

a.

In accordance with the Town's landscape requirements, groundcover, shrubs and trees shall be established and maintained in order to adequately buffer the facility during the mining activity, as well as in conjunction with reclamation plans.

b.

In addition to minimum landscape requirements associated with any reclamation plan, the Town shall require that any reclaimed reservoir be landscaped in accordance with the Town's landscape requirements.

c.

In addition to minimum landscape requirements associated with any reclamation plan, the Town shall require that any reclaimed reservoir be designed and shaped to include curvilinear shore lines, islands and other amenities in order to appear as naturally occurring ponds.

(8)

Fencing. A fencing plan shall be submitted for review based upon:

a.

Security and safety needs of the mining operation.

b.

Quality and aesthetic compatibility with the neighboring properties.

(9)

Floodplain requirements. The surface mining activities and facilities shall comply with all applicable federal, state and local laws and regulations when located in a regulatory floodway or a special flood hazard area. All equipment at surface mining facilities located within a special flood hazard area shall be anchored as necessary to prevent flotation, lateral movement or collapse. Any activity or equipment at any surface mining facility within a special flood hazard area shall comply with the Code of Federal Regulations (C.F.R.) for the National Flood Insurance Program (NFIP), 44 C.F.R. Parts 59, 60, 65 and 70, and shall not endanger the eligibility of residents of the Town to obtain federal flood insurance.

(Ord. 2020-1620 §3)

(a)

Statement of purpose, intent and applicability. The within Town of Windsor Telecommunications Land Use Code (hereinafter "Code") is established with the purpose and intent of accommodating the communications needs of the Town's residents and businesses, while protecting the public health, safety and general welfare of the community. The Town finds these regulations are necessary in order to:

(1)

Facilitate the provision of telecommunications services to the residents and businesses within the Town.

(2)

Minimize the adverse visual effects of towers through careful design and siting standards.

(3)

Avoid potential damage to adjacent properties from tower failure through structural standards, radio frequency emissions standards and setback requirements.

(4)

Encourage and maximize the use of existing and approved towers, buildings and other structures to accommodate new telecommunication antennae in order to reduce the number of towers needed to serve the community.

This Code shall not govern any tower or wireless communication facilities owned or operated by a federally licensed amateur radio station operator or used exclusively for received-only antennae, provided that all other zoning district requirements are met.

(b)

Definitions. As used in this Section, the following terms shall have the following meanings:

Director means the Community Development Director for the Town or authorized designee.

Owner means an individual or entity holding an ownership interest in property that is subject to this Code, as well as any other applicant for approval under this Code who is acting with authority of a record owner. Once any approvals are granted pursuant to this Code, any references to owner shall also mean operators, managers or any other person or entity authorized by an owner with the responsibility for the approved facilities. Any other such person or entity shall be jointly and severally liable with an owner for any violations of this Code associated with the approved facilities.

Telecommunications site means the site or lot utilized for an unmanned telecommunications facility that uses radio signals to transmit conversation, visual imagery or data to a user.

Wireless communication facilities means facilities that transmit and/or receive electromagnetic wireless communications signals. It includes antennae, nodes, microwave dishes, horns and other types of equipment for the transmission or receipt of such signals, communications towers or similar structures supporting said equipment, equipment buildings, equipment cabinets, equipment closets, parking areas and other accessory development. The following types of facilities are included within this definition:

Alternative communication facility means a communication facility with an alternative design that camouflages or conceals the presence of antennae or towers such as, but not limited to, artificial trees, clock and bell towers and steeples.

Antenna shall mean, but shall not be limited to), any exterior transmitting or receiving devices mounted on a pole, tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals;

Freestanding communication facility means a communication facility that is mounted and supported on the roof or any rooftop appurtenance of a legally existing building or structure.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennae, including self-supporting towers, guy towers or monopole towers. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and alternative telecommunication facilities.

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

(c)

General requirements, location and design criteria. In addition to the applicable zoning requirements for the telecommunications site (including, where required, any variance approved by the Board of Adjustment pursuant to this Code), all wireless communication facilities and telecommunications sites shall be designed and located in compliance with the criteria set forth in this Section. The Director or, where Town Board action is required under this Chapter or any other provisions of this Code or Home Rule Charter, the Town Board may withhold approval of any facility that does not meet any of these criteria:

(1)

Applications must contain an applicant's name, address, telephone number and an emergency telephone number at which a representative of the applicant may be reached twenty-four (24) hours per day, seven (7) days per week. Should any information found within an application change, the applicant must provide updated information in writing to the Town within a reasonable period following the change. The application shall include a clear map, photographic rendering or other reliable depiction of the location of all facilities for which approval is sought by the applicant. Such map, photographic rendering or other depiction shall be to scale and shall identify with specificity the location, size, appearance and height of all wireless communication facilities proposed by the applicant.

(2)

Wireless communication facilities shall be co-located with other wireless communication facilities or public utilities whenever possible and to the extent consistent with the scale and appearance of surrounding structures.

(3)

The applicant shall:

a.

Demonstrate how the proposed communication site fits into the overall communication network for the community, confirming the necessity for the site.

b.

To the extent that it seeks approval to address gaps in coverage, demonstrate by a preponderance of the evidence that there are no viable alternatives to remedy gaps in the applicant's existing network.

c.

To the extent that the applicant provides services under a license granted by a governmental authority, that a failure to approve the application will result in the applicant's inability to provide the minimum coverage it is required to provide pursuant to its license and any applicable law.

(4)

The location and development of wireless communication facilities should, to the maximum extent possible, preserve the existing character of the site's topography and vegetation.

(5)

Wireless communication facilities should be designed and located to avoid dominant silhouettes and to preserve view corridors of surrounding areas to the maximum extent possible.

(6)

The visual impact of wireless communication facilities shall be mitigated through the use of alternative communication facilities and compatible architectural elements such as colors, textures, surfaces, scale and character. The facilities shall be screened with vegetation, structures or topographical features. The facility should be integrated to the maximum extent possible through its location and design, into the natural setting and the structural environment of the area. Accessory equipment in areas of high visibility shall, where possible, be sited below the ridgeline or designed (e.g., placed underground, depressed or located behind earth berms or structures) to minimize its profile.

(7)

Where possible, wireless communication facilities should be concealed in accessory structures consistent with the architectural scale and character of the area.

(8)

Roof-mounted and wall-mounted facilities shall be architecturally compatible with and colored to match the building or structure to which they are attached. Wall-mounted facilities shall be mounted as flush to the building wall as possible. A wall-mounted facility may encroach a maximum of thirty (30) inches into the required setback for the building to which it is attached, but shall not extend across any property line.

(9)

Freestanding wireless communication facilities shall not be artificially lighted, unless required by the Federal Aviation Administration or other applicable governmental authority. If lighting is required, the Town may review available lighting alternatives and approve the design that will cause the least disturbance to surrounding views. Lighting must be shielded or directed to the greatest extent possible so as to minimize the amount of light falling onto nearby properties, particularly in and near residential areas.

(10)

Towers shall be designed to allow for co-location to the maximum extent possible.

(11)

No portion of any antenna array may extend beyond any property line.

(12)

Wireless communication facilities should be screened to mitigate visual impacts to the maximum extent practicable.

(13)

The use of any portion of a wireless communication facility for promotional or advertising purposes, including but not limited to company name, phone numbers, banners, streamers and balloons is prohibited. The Town may require the installation of informational signage, including safety and owner contact information.

(14)

Fencing should not be used extensively and shall be supplemented with vegetation and other barriers to screen a wireless communication facility. Security fencing shall be designed in such a fashion as to blend into the character of the existing environment.

(15)

The wireless communication facility shall be designed, maintained and operated as required by applicable Federal Communication Commission licenses and regulations.

(16)

Every application for approval of any wireless communication facility shall be accompanied by the owner's good-faith projection of anticipated technological advances for all antennae contemplated within the application, together with the owner's good-faith plan addressing anticipated technological advances to assure that the wireless communication facility does not experience functional obsolescence over time. In the event the owner cannot provide the projection or commitment required in this Subsection, the agreement shall require the owner to submit to periodic review of wireless communication facility obsolescence by the Town as a condition of continued approval.

(17)

Lattice towers shall not be approved under any circumstances within the Town.

(d)

Compliance with setback requirements. All wireless facilities shall comply with the setback requirements within the zone district in which the telecommunications site is located.

(e)

Towers. Towers shall not exceed fifty (50) feet in height, as measured from the natural grade.

(f)

Radio frequency emissions (RFEs). All owners and operators of wireless communication facilities shall comply with federal regulations for radio frequency emissions (RFEs). At the time of application for a wireless communication facility, and thereafter at the request of the Town upon complaint (but not more than annually), the owner or operator shall submit a report that provides cumulative field measurements of RFEs of all antennae installed at the subject site and that compares the results with established federal standards. If, upon review, or at any time any wireless communication facility with the Town is operational, the Town finds that the facility does not meet federal regulations, the Town may require corrective action within a reasonable period of time and, if not corrected, may require removal of the wireless communication facilities at the owner's expense. Any reasonable costs incurred by the Town, including reasonable consulting costs to verify compliance with these requirements for removal of wireless communication facilities, shall be borne by the owner.

(g)

Structural integrity of towers, freestanding communications facilities. To ensure the structural integrity of towers, freestanding communication facilities and wall-mounted communication facilities upon which other wireless communication facilities may be mounted, the owner of such structures shall ensure that they are of sufficient structural strength to accommodate reasonable co-location and are maintained in compliance with the following standards: any standards contained in applicable Town building codes; the applicable standards for towers published by the Electronic Industries Alliance, as amended from time to time (presently TIA/EIA-222-G as of January 1, 2006); and all other applicable codes of the Town. In addition to any other applicable standards and requirements, the following shall apply to all structures upon which wireless communication facilities are located:

(1)

Sufficient anti-climbing measures must be incorporated into each facility to reduce potential for trespass and injury.

(2)

No guy wires employed may be anchored within the area in front of any principal buildings or structures on a parcel.

(3)

All wireless communication facilities shall comply with the power line clearance standards set forth by the Colorado Public Utilities Commission.

(4)

All wireless communication facilities must be structurally designed and physically sited so that they do not pose a potential hazard to nearby residences or surrounding properties or improvements. Any tower or freestanding communication facility shall be designed and maintained to withstand, without failure, maximum forces expected from wind, tornadoes, hurricanes and other natural occurrences, when the facility is fully loaded with antennae, transmitters, other wireless communications facilities and camouflaging. Initial demonstration of compliance with this requirement shall be provided via submission of a report included in the application to the Director, prepared by a structural engineer licensed in the State, describing the structure, specifying the number and type of antennae it is designed to accommodate, providing the basis for the calculations done and documenting the actual calculations performed. Proof of ongoing compliance shall be provided upon request. If, upon inspection, the Town concludes that a wireless communication facility fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of a wireless communication facility, the owner shall have thirty (30) days to bring such facility into compliance with such standards. Upon good cause shown by the owner, the Director may extend such compliance period, not to exceed ninety (90) days from the date of said notice. If the owner fails to bring such facility into compliance within said time limit, the Town may remove such facility at the owner's expense.

(h)

Application fees. The fee and any additional application-related financial requirements for wireless communication facilities shall be fixed and published by resolution of the Town Board, and any amendments to such fees and financial requirements shall likewise require a resolution of the Town Board.

(i)

Wireless communication facilities in public rights-of-way.

(1)

Subject to the Town's applicable right-of-way permitting process administered by the Director or designee, wireless communication facilities located solely within public rights-of-way shall be permitted based upon the following criteria:

a.

The facilities must be placed on existing poles, upon replacement poles of the same dimensions or upon replacement poles of a dimension that would otherwise be permitted under existing regulations for any utility operating within the Town.

b.

Any necessary wiring or cabling shall be located within the pole or camouflaged to blend with the color and texture of the pole.

c.

The area of the facilities on any pole shall be designed to minimize the visual impact of such facilities. The facilities shall add no more than five (5) feet of additional height to any pole and shall not project outward in any direction a distance of more than eighteen (18) inches.

d.

Any ground equipment shall be buried or screened by landscaping approved by the Town. The owner of such facilities shall irrigate and maintain such landscaping.

e.

Notwithstanding the administrative approval contemplated in this Section, if an applicant is proposing to add to the total number of poles located in the area impacted by its application, the request shall require a separate application and approval, unless otherwise agreed in writing between the Town and the applicant/owner.

f.

The applicant shall provide confirmation that it has the written consent of any owner of poles or other structures upon or to which the applicant intends to fasten wireless communication facilities.

(2)

Any permit customarily required for the location of facilities within public rights-of-way may be waived by the Director, following review of the applicant's proposed facilities.

(j)

Co-location.

(1)

The shared use of existing towers or other freestanding communication facilities upon which wireless communications facilities can be mounted shall be preferred to the construction of new facilities. As a condition of approval of any tower or other freestanding communications facilities, the applicant shall be required to allow co-location on such facilities in the future if: (1) the facility is capable of supporting co-location, (2) the entity wishing to co-locate is willing to pay fair market value for the space; and (3) the Town requests such co-location.

(2)

The application for any wireless communication facility involving a new tower or other freestanding communication facility shall include evidence that reasonable efforts have been made to co-locate within or upon an existing wireless communication facility within a reasonable distance of the proposed site, regardless of municipal boundaries. The applicant must demonstrate that the proposed wireless communication facility cannot be accommodated on existing facilities due to one (1) or more of the following reasons:

a.

The planned equipment would exceed the structural capacity of the existing and approved wireless telecommunications facilities, considering existing and planned use for those facilities.

b.

The planned equipment, if co-located, would cause radio frequency interference with other existing or planned equipment or exceed radio frequency emission standards which cannot be reasonably prevented.

c.

Existing or approved wireless communications facilities do not have space on which proposed equipment can be placed so it can function effectively and reasonably.

d.

Other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures.

e.

The landowner or owner of the existing wireless communication facility refuses to allow such co-location or requests an unreasonably high fee for such co-location compared to current industry rates.

f.

No existing wireless communication facilities upon which the applicant's facilities can be mounted are located within the geographic area required to meet the applicant's engineering requirements.

g.

Existing wireless communication facilities are not of sufficient height to meet the applicant's engineering requirements.

h.

Existing wireless communication facilities upon which the applicant's facilities can be mounted do not have sufficient structural strength to support the applicant's proposed antennae and related equipment.

i.

Any other reason, in the reasonable discretion of the Director .

(k)

Town action on applications.

(1)

The Director may, in his or her discretion, refer any application for wireless communication facilities for review by the Planning Commission and Town Board consistent with the requirements of this Code for conditional use permits. If not so referred or not otherwise required by this Code, the Director shall review and determine any application for siting of wireless communication facilities within the Town in accordance with the standards set forth in this Code. If approved, the Director shall issue a written statement of approval containing any conditions for such approval. If denied, the Director shall likewise issue a written statement of denial to the applicant.

(2)

Conditional use grants. Wireless communication facilities may be allowed as conditional uses on private property or public property owned by an entity other than the Town within all zone districts, if approved as a conditional use in compliance with the Town's standards and procedures for approval of conditional use grants as set forth in Section 14-2-130. Wireless communication facilities may be allowed as conditional uses on property owned by the Town in any zone district if approved as a conditional use in compliance with the Town's standards and procedures for approval of conditional use grants as set forth in Section 14-2-130.

(3)

Tower approvals. All applications for siting of any tower shall first be reviewed by the Director and then referred to the Planning Commission for review and recommendation. After the Planning Commission has completed its review of a tower application, the matter shall be referred to the Town Board for determination of the application with due regard to the Planning Commission's recommendation. The Town Board shall conduct a public hearing before considering any application for the construction of a tower. Notice of the Town Board public hearing shall be conspicuously posted upon the telecommunications site, shall be published in a newspaper of general circulation within the Town and shall be mailed by first-class mail to all property owners within a radius of three hundred (300) feet from the proposed tower site. The applicant shall provide the Director with written verification that all mailings required by this Section have been issued no less than thirty (30) days prior to the Town Board hearing. The Town Board may continue any public hearing to assure a full and fair presentation of evidence. The Town Board's decision on whether to approve or deny an application for construction of a tower shall be issued within thirty (30) days of the conclusion of the Town Board public hearing. The Town Board's decision on whether to approve or deny an application for construction of a tower shall be in writing, based upon evidence presented to the Town Board at the public hearing and shall take into account a recommendation of the Planning Commission. Nothing in this Section shall be deemed to prohibit the Planning Commission from conducting a public hearing upon any tower application referred to it, provided that the Planning Commission hearing complies in all respects with the notice requirements of this Section.

(l)

Telecommunications provider agreement. Any approval for the installation, erection or construction of wireless communication facilities within the Town shall be conditioned upon the applicant entering into a telecommunications provider agreement with the Town under which, at a minimum, the following provisions shall be addressed:

(1)

The removal of all antennae, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates and accessory equipment or structures, as well as any tower or freestanding communication facility used as a wireless communication facility if such facility is deemed abandoned, becomes technologically obsolete or ceases to perform its originally intended function for more than one hundred eighty (180) days. Upon removal, the owner shall restore the telecommunication site, including but not limited to the landscaping of exposed areas.

(2)

Removal of wireless communication facilities where, upon inspection, the Town concludes that a wireless communication facility fails to comply with any applicable conditions of approval or constitutes a danger to person or property. Under such circumstances, upon written notice, the owner shall have thirty (30) days to bring such facility into compliance. If the owner fails to bring such facility into compliance within said thirty (30) days, the Town may remove the facility at the owner's expense.

(3)

Removal of any wireless communication facility that is not operated for a continuous period of one hundred eighty (180) days and which has been declared abandoned by the Town. The Town, in its sole discretion, may require any abandoned wireless communication facility to be removed within ninety (90) days of receipt of notice from the Town notifying the owner of such abandonment. Upon removal, the site shall be restored and revegetated to blend with the surrounding environment. If such removal is not completed within said ninety (90) days, the Town may consider the facility a nuisance under this Code, and the Town may remove and dispose of the same at the owner's expense. If there are two (2) or more users of a structure upon which wireless communication facilities are mounted, then this provision shall not become effective until all users cease using the structure.

(4)

Every applicant shall post security for the discharge of duties undertaken by the applicant and owner of each wireless communication facility. Such security shall be in any form approved by and in an amount deemed sufficient by the Director to cover the anticipated cost of the owner obligations established under this Code and/or any agreements between the Town and the owner/applicant.

(5)

Every telecommunications provider agreement shall require that the applicant's wireless telecommunication facilities be upgraded as technology advances and as may be accomplished at reasonable cost upon such timetable as is feasible.

(6)

Every telecommunications provider agreement shall require that, as co-location occurs on the telecommunication site, each owner within such telecommunication site shall utilize alternative communications facilities to assure that the visual impacts of multiple wireless communication facilities are minimized.

(7)

If the owner contemplates phasing of wireless communication facilities within a single application approval, such phasing shall be set forth in the telecommunications provider agreement. Phasing of wireless communication facilities pursuant to an existing telecommunications provider agreement shall not require a new application. To the extent phasing is not clearly set forth in an existing telecommunications provider agreement, a new application and approval pursuant to this Code shall be required for such phasing.

(m)

Existing wireless communication facilities. Any wireless communication facilities approved before the effective date of the ordinance codified herein shall comply only with the applicable sections herein with respect to modifications of such facilities.

(Ord. 2020-1620 §3)

(a)

Definitions. As used in this Article, the following terms shall have the meanings ascribed to each of them below except where the context of this Article clearly indicates a different meaning.

Adult bookstore means a commercial establishment which devotes a significant or substantial portion of its stock in trade, or interior floor space, to the sale, rental or viewing of books, magazines, periodicals, or other printed matters, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Regardless of the stock in trade or interior floor space devoted to the activities described herein, an adult bookstore shall also include a commercial establishment wherein a significant or substantial portion of the revenues earned or a significant or substantial portion of its advertising expenditures are used for the promotion of the activities described herein.

Adult business includes, but shall not be limited to, adult motion picture theaters, nude entertainment, adult book stores and other similar businesses.

Adult motion picture theater means an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or "specified anatomical areas" for observation by patrons therein.

Appearing in a state of nudity. A person appears in a state of nudity when such person is unclothed or in such attire, costume or clothing as to expose any portion of the female breasts below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.

Nude entertainment includes any type of entertainment where a person appears in a "state of nudity."

Specified anatomical areas include any of the following:

a.

Less than completely or opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.

b.

Human male genitals in a discernible turgid state even if completely and opaquely covered.

Specified sexual activities include any of the following:

a.

Human genitals in a state of sexual stimulation or arousal.

b.

Acts of human masturbation, sexual intercourse or sodomy.

(b)

Location restrictions.

(1)

The operation of adult businesses shall be limited to those areas of the Town zoned Heavy Industrial (HI).

(2)

No adult business, service or entertainment establishment shall be operated or maintained within one thousand five hundred (1,500) feet of:

a.

Any school certified or licensed by the State;

b.

Any licensed child care facility or any public or private facility, the primary purpose of which is instructional or recreational activities for persons under the age of eighteen (18) years;

c.

Any property upon which a place of worship is located;

d.

Any residentially zoned property, whether within or without the Town's corporate limits;

e.

Any public recreational facility, public trail or public park;

f.

Any cemetery;

g.

Any existing adult business; or

h.

The centerline of Colorado Highway 392 along its entire length within the Town's corporate limits.

(3)

Method of distance measurement. For purposes of this Section, distance shall be measured in a straight line without regard to intervening structures and shall be measured from the closest property line of the adult business to the nearest property line within which the uses identified in this Section may lie.

(c)

Times of operation.

(1)

With the specific exception of adult book stores, all other adult businesses as defined by this Section shall be open for business only during the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday of each week.

(2)

There shall be no restrictions on the hours of adult book stores.

(d)

Age restrictions.

(1)

With the exception of adult book stores, no one under twenty-one (21) years of age shall be admitted to any adult business, nor shall any employee, agent, servant or independent contractor working on the premises be under the age of twenty-one (21) years.

(2)

No one under the age of eighteen (18) years shall be admitted to any adult book store, nor shall any employee, agent, servant or independent contractor working on the premises be under the age of eighteen (18) years.

(e)

Buffering. Adult businesses shall be adequately buffered through the use of facade treatment, landscaping and fencing to minimize negative secondary impact on other commercial uses, residential uses, public parks, churches or public or private schools certified or licensed by the State which are present in the vicinity. Buffering requirements shall be determined for the perimeter of adult businesses on a case-by-case basis by reviewing the intensity of the establishment and comparing it to the type and location of surrounding land uses.

(f)

Lighting and signage. The lighting and signage for adult businesses shall be arranged, shielded and restricted so as to prevent negative secondary impacts on adjacent streets, other commercial uses, residential uses, public parks, churches or public or private schools certified or licensed by the State which are present in the vicinity. Lighting and signage requirements shall be determined on a case-by-case basis by reviewing the intensity of the establishment and comparing it to the type and location of surrounding land uses. The lighting and signage requirements set forth herein shall be in addition to those requirements otherwise set forth in this Code.

(g)

Form of expression. Nothing in this Section shall be construed so as to apply to the presentation, showing or performance of any play, drama, ballet or motion picture in any theater, concert hall, museum, school or similar establishment, as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of a state of nudity for the purposes of advancing the economic welfare of a commercial or business establishment.

(Ord. 2020-1620 §3)

(a)

For purposes of this Section, "Class VI Well" shall mean any underground facility and all related above-ground facilities used for the purpose of sequestering carbon dioxide captured from an industrial or energy-related source, and injected into deep subsurface rock formations for long-term storage.

(b)

Any person proposing to establish a Class VI Well shall file a written site plan application with the Town's Community Development Department on forms approved by the Director of Community Development (or designee). At a minimum, the application shall provide the specific location of the Class VI Well head, a depiction of all surface facilities (including roads) serving the Class VI Well head, the name and address of the Class VI Well operator, and affirmation that all required federal and state regulatory permits have either been obtained or have been applied for.

(c)

As a condition of site plan approval under this Section, the Class VI Well operator shall provide copies of all required federal and state regulatory permits issued for the Class VI Well and related facilities.

(d)

Upon the Director of Community Development (or designee)'s determination that the foregoing information has been satisfactorily provided, the Director of Community Development (or designee) shall approve a site plan or an amendment to an existing site plan, as the case may be. The Class VI Permit shall remain valid for so long as all required federal and state regulatory permits remain in good standing.

(e)

No Class VI Well shall be established without site plan approval or an amendment to an existing site plan, if any, in accordance with this Code.

(f)

The Director of Community Development (or designee) shall have the authority to seek injunctive relief to prevent the establishment and operation of any Class VI Well not approved in accordance with this Code.

(Ord. 2022-1671 §1)

(a)

This Section applies to all natural medicine businesses as defined in Chapter 14, except for natural medicine healing centers which are referenced in Section 16-4-40.

(b)

Permitted locations. Natural medicine business is a use permitted by right in Heavy Industrial (HI) zone districts only, subject to the distance requirements in addition to the time, place and manner requirements contained in this Section. Natural medicine businesses are prohibited in all other zoning districts in the Town, including the Planned Unit Development (PUD) district.

(c)

Distance from schools and residential dwellings.

(1)

No natural medicine business that provides natural medicine services shall operate out of a building that is within one thousand (1,000) feet of property used for a child care center; preschool; elementary, middle, junior or high school; or a residential child care facility (collectively "schools").

(2)

No natural medicine business that provides natural medicine services shall operate out of a building that is within one thousand (1,000) feet of property used for single-family dwellings, duplexes, or multiple-family dwellings (collectively "residential dwellings").

(3)

Subsections (1) and (2) above do not apply to a licensed facility located on land owned by the Town or the State of Colorado, nor do they apply to a licensed facility that was actively doing business under a valid license issued by the state licensing authority before the school or residential dwelling was constructed.

(d)

Hours of operation—Natural medicine services. Natural medicine businesses that provide natural medicine services shall only operate between the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday.

(e)

Public view. All doorways, windows and other openings of natural medicine business buildings shall be located, covered, or screened in such a manner to prevent a view into the interior from any exterior public or semipublic area, subject to applicable Town design standards. All activities of natural medicine businesses shall occur indoors.

(f)

Storage. All storage of natural medicine and related products for natural medicine businesses shall be located within a permanent building and may not be located within a trailer, tent, or motor vehicle.

(g)

Air filtration and ventilation requirements. Natural medicine businesses shall use an air filtration and ventilation system designed to ensure that the odors from natural medicine and natural medicine products are confined to the premises and are not detectable beyond the property boundaries on which the facility is located.

(h)

Secure disposal. Natural medicine businesses shall provide secure disposal of natural medicine and natural medicine product, product remnants or by-products. Natural medicine and natural medicine product, product remnants or by-products shall not be placed within the facilities' exterior refuse container.

(i)

Processing of natural medicine and natural medicine products.

(1)

The processing of natural medicine that includes the use of hazardous materials, including, without limitation, and by way of example, flammable and combustible liquids, carbon dioxide, and liquified petroleum gases, such as butane, is prohibited.

(2)

Nonhazardous materials used to process natural medicine shall be stored in a manner to mitigate and ensure odors are not detectable beyond the property boundaries on which the processing facility is located or the exterior walls of the processing facility associated with the processing of natural medicine.

(3)

The processing of natural medicine shall meet the requirements of all adopted Town building and life/safety codes and site plan approval requirements.

(4)

The processing of natural medicine shall meet all the requirements of all adopted water and sewer regulations promulgated by the Town and any applicable water or sanitary sewer district.

(j)

Nuisance. It is unlawful and deemed a nuisance under Chapter 7 of this Code to dispose of, discharge out of or from, or permit to flow from any facility associated with natural medicine, any foul or noxious liquid or substance of any kind whatsoever, including, without limitation, by-products of the natural medicine process, into or upon any adjacent ground or lot, into any street, alley or public place, or into any municipal storm sewer and/or system in the Town.

(Ord. 2025-1727 §3)