4800 West 92nd Avenue Westminster, CO 80031

City Government

 

4. Zoning

PDF version 

01/13

CHAPTER 4

ZONING

11-4-1:  ESTABLISHMENT OF DISTRICTS
11-4-2:  ZONING MAP
11-4-3:  ZONING AMENDMENTS
11-4-4:  ALLOWED USES
11-4-5:  DENSITY SCHEDULE
11-4-6:  SPECIAL REGULATIONS
11-4-7:  PUD -- PLANNED UNIT DEVELOPMENT DISTRICT
11-4-8:  USES BY SPECIAL PERMIT
11-4-9:  CONDITIONAL USES
11-4-10:  HOME OCCUPATIONS
11-4-11:  ANTENNAS, TOWERS AND TELECOMMUNICATION FACILITIES
11-4-12:  SATELLITE EARTH STATIONS
11-4-13:  ADULT BUSINESSES
11-4-14:  LAND USE REGULATIONS OF OIL & GAS OPERATIONS
11-4-15:  NON-CONFORMING USES AND STRUCTURES
11-4-16:  ADOPTION, IMPLEMENTATION AND COMPLIANCE WITH CITY'S
                 COMPREHENSIVE LAND USE PLAN
11-4-17: TEMPORARY USES ON PRIVATE PROPERTY 

11-4-1: ESTABLISHMENT OF DISTRICTS:(2534 3497) 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 unts.

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.

 11-4-2: ZONING MAP:(2534) 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 on section lines, lot lines, the centerlines of highways, streets, alleys, railroad rights-of-way, channelized waterways such as streams, or other lines to be determined by the Planning Manager.

 11-4-3: ZONING AMENDMENTS:(2534) 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.

11-4-4:  ALLOWED USES:  (2534 2896 2975 3295 3497 3664) 

(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 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.

 

 

RESIDENTIAL USES: RE R1 RA R2 R3 R4 R5 T1 B1 C1 C2 M1 O1
Single-Family Detached
Dwelling Units
P P P P P P   P         P
Duplexes       P P P   P          
Single-Family Attached
Dwelling Units
        P P   P          
Multi-Family Dwelling Units         P P   P          
Boarding & Rooming Houses           P   P P        
Nursing Home/Facilities          P            
Mobile Home Parks              P            
Group Homes  C C C C C C   C          
Group Care Facility           S S   S S S      
Institutional Care Facility                   S S S  
Domestic Violence Home          C C   C          

 

 

 

GENERAL USES: RE R1 RA R2 R3 R4 R5 T1 B1 C1 C2 M1 O1
Public Utilities P P P P P P P P P P P P P
Temporary Construction &
Real Estate Buildings
P P P P P P P P P P P P P
All Uses Owned & Operated
by the City
P P P P P P P P P P P P P
Radio and Television Towers
and Microwave Transmission
P P P P P P P P P P P P P
Public Schools P P P P P P P P P P P P P

 

 

 

OFFICE AND SIMILAR
USES:
RE R1 RA R2 R3 R4 R5 T1 B1 C1 C2 M1 O1
Accounting, Bookkeeping               P P P P P  
Addressing/Mailing Service               P P P P P  
Administrative Office               P P P P P  
Adoption Agency               P P P P P  
Advertising Office               P P P P P  
Aerobics, Ballet, Dance,
Exercise Instruction, and
Classes
              P P P P P  
Ambulance Service                   S S S  
Appraisal Service               P P P P P  
Architecture, Landscape
Architecture, Planning,
Design Office
              P P P P P  
Bank & Financial Institution               P P P P P  
Counseling/Consulting
Service
              P P P P P  
Credit/Collection Agency               P P P P P  
Data Processing Service               P P P P P  
Detective Agency               P P P P P  
Employment Agency               P P P P P  
Engineering & Technical
Office
              P P P P P  
Entertainment Services
Office
              P P P P P  
Fraternal & Service Club               P P P P P  
Insurance Office, Sales, &
Adjustors
              P P P P P  
Legal Service                P P P P P  
Medical/Dental/Veterinary
Office and Clinic
              P P P P P  
Military Recruiting               P P P P P  
News Office               P P P P P  
Real Estate Office               P P P P P  
Radio/TV/Recording Studio               P P P P P  
Research & Testing
Laboratory
              P P P P P  
Training Service               P P P P P  

 

 

 

BUSINESS AND
COMMERCIAL USES:
RE R1 RA R2 R3 R4 R5 T1 B1 C1 C2 M1 O1
Antique Shop                   P P    
Apparel & Accessory Store                 P P P    
Artist's Studios/Art Galleries                 P P P    
Arts & Crafts/Drafting
Supply
                P P P    
Assembly Halls, Event
Centers, & Churches includes
private functions such as
weddings, receptions,
conferences, and meetings
                P P P    
Audio/Visual Sales, Service
& Parts Store
                  P P P  
Automobile Accessory Store                 P P P    
Automobile, Boat, Camper
& Recreational Vehicle
Showrooms for the purposes
of lease only, without parts,
service, outdoor storage, or
operational demonstrations
                P P P P  
Automotive & Heavy
Equipment Rental
                    P P  
Automotive Wash Facility                   P P P  
Automotive Rental Office
1)limited to 1.5 vehicles per
100 square feet of lease space
With a maximum of 20
vehicles 2) Vehicles must be
in good condition
(mechanically & exterior)
3) no car wash, maintenance or
repair facilities  4) limited to
1 office per shopping center
                  P P P  
Bakeries                 P P P    
Bar/Nightclub/Tavern                 P P P    
Barber & Beauty Shop                 P P P    
Beauty Supply Sales                 P P P    
Bed & Bath Shop                 P P P    
Bingo Establishment/Social
Gaming Outlet
                    P    
Book/Magazine/News
Dealer, Excluding Dealers
Selling Goods Not Available
To All Ages
                P P P    
Bulk Fuel Sales                     P P  
Camera & Photographic
Supply
                P P P    
Carpet & Rug Store                 P P P    
China & Glassware                 P P P    
Cleaning/Laundry/Tailor/Fur
Storage
                P P P    
Computer Hardware,
Software, and Accessories
                P P P    
Consignment Shop                   P P    
Costume Sales & Rental                 P P P    
Custom
Crafts/Ceramics/Stained
Glass
                P P P    
Day Care Facility                 P P P    
Department/Variety/Catalog
Store
                P P P    
Draperies & Window
Coverings
                P P P    
Drug Store                 P P P    
Fabric Store                 P P P    
Fast Food Restaurant/Snacks                 P P P    
Florist & Plant Shop                 P P P    
Food Store                 P P P    
Funeral Home/Mortuary                   P P    
Furniture/Appliance Store                 P P P    
Furniture/Equipment Rental
for Home Use Only
                P P P    
Gasoline
Station/Convenience Store
                P P P P  
General Automobile Repair                     P P  
General Repair Shop                     P P  
Gifts/Novelties/Souvenirs,
Excluding Dealers Selling
Goods Not Available
to All Ages
                P P P    
Greenhouse                     P P  P
Hardware                 P P P    
Home Furnishing/Home
Improvement Centers
                P P P    
Hotel/Motel/Resort                   P P    
Indoor Entertainment
Establishments including
Amusement Centers,
Bowling, Billiards, Movie
Theaters, & Similar Uses
                P P P    
Jewelry/Watch &
Clock/Watch & Clock Repair
Store
                P P P    
Kitchen, Cookware Store                 P P P    
Lawn & Garden Store                 P P P    
Leather Goods & Luggage
Store
                P P P    
Liquor Store                 P P P    
Massage Therapist                 P P P    
Medical Equipment                 P P P    
Motor Vehicle, Recreational
Vehicle, & Commercial
Equipment Dealer, including
Automobile, Aircraft, Boats,
Campers, Mobile Homes,
Trucks, Trailers, Heavy
Equipment, Construction
Equipment & Farm
Implements -- New or Used
                    P P  
Music, Records, Tapes,
Video Sales & Rental
                P P P    
Office Furnishings &
Supply/Typewriter Sales &
Service
                P P P    
Optical Store                 P P P    
Outdoor Entertainment
Establishment
                    P    
Packaging & Postal
Substation
                P P P    
Paint & Wallpaper Store                 P P P    
Pawn Shop                     P    
Pet Store/Pet Grooming                 P P P    
Photography/Processing
Studio
                P P P    
Print Shop                 P P P    
Private Schools                 P P P    
Restaurants                 P P P    
Saddle & Tack Store                 P P P    
Shoe Sales/Repair                 P P P    
Sporting Goods                 P P P    
Stationery & Card Shop                 P P P    
Tanning Salon                 P P P    
Tattoo Parlor/Body Piercing
Parlor
                  S S S  
Toy/Hobby Store                 P P P    
Travel Agency                 P P P    
TV & Electronic Appliance
Repair
                P P P    
Thrift Store (under 5,000 sf
gross floor area)
                C C C    
Thrift Store (5,000 sf or
greater gross floor area)
                S S S    
Used Motor Vehicle Parts
Sales
                      P  
Variety Store                 P P P    
Wholesale & Commercial
Heating, Plumbing,
Electrical, Lumber, &
Building Equipment &
Material
                    P P  

 

 

 

INDUSTRIAL USES: RE R1 RA R2 R3 R4 R5 T1 B1 C1 C2 M1 O1
Auto Body Repair and Paint
Shops, Auto Auction
                      P  
Builders Supply Yards,
Sale of Lumber & Construction
Products
                      P  
Commercial Printing
Establishment
                      P  
Frozen Food Lockers, Ice, &
Cold Storage Plants
                      P  
Furniture Refinishing                       P  
General Contractor Storage                       P  
Machine & Woodworking
Shop
                      P  
Printing and Publishing                       P  
Professional, Scientific, &
Control Instrument
Manufacturing
                      P  
Recycling Operations                       P  
Retail Sales in Conjunction
with Warehousing and
Wholesale Business
                      P  
Sales of Agricultural,
Equipment, Heavy
Machinery
                      P  
Secondary Product
Manufacturing, Processing,
Fabrication, and Assembly
                      P  
Warehousing, Mini
Warehousing, Storage, &
Freight
                      P  
Wholesale Business With
Stock
                      P  

 

 

 

OPEN AND
AGRICULTURAL USES:
RE R1 RA R2 R3 R4 R5 T1 B1 C1 C2 M1 O1

Crop Production, Dairy
Farming, Pasture & Raising
of Livestock but Excluding
Feedlots

                        P
Gravel, Mineral, Sand
Extraction Upon Permit
Granted Pursuant to this
Code
                        P
Nurseries               P       P P
Private Country Clubs P P P P P P P P P P P P P
Public or Private Golf
Courses
P P P P P P P P P P P P P
Riding Stables & Academies                         P
Water Reservoirs                         P

 

 

 11-4-5: DENSITY SCHEDULE:(2534 2841 2975) Subject to the provisions of section 11-4-6, 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.

 

DENSITY SCHEDULE
    RE R1 RA R2 R3 R4 R5 T1 B1 C1&C2 M1 O1
Minimum Lot Area/Sq. Feet:
    9000 7700 7000 9000 9000 9000 (d) 9000 (a) (a) (a) (a)
Maximum Density/Dwelling Units Per Acre:
    (a) (a) (a) (a) 14.5 22.0 (d) 14.5 (a) (a) (a) 0.1
Minimum Lot Width:
  Interior 70' 70' 70' 75' 75' 75' (d) 75' (a) (a) (a) (a)
  Corner 85' 85' 85' 85' 85' 85' (d) 85' (a) (a) (a) 200'
Add. Lot Frontages For Each Unit in Excess of Two on Grade Level:
    (a) (a) (a) (a) 10' 10' (d) 10' (a) (a) (a) (a)
Minimum Lot Depth:
    100' 100' 100' 100' 100' 100' (d) 100' (a) (a) (a) 200'
Minimum Front Setback -- Principal Building:
    30' 30' 30' 30' 25' 25' (d) 25' 30' 30' 30' 30'
Minimum Side Setback; Interior Lot -- Principal Building:
    7' 5' 5' 5' 5' 5' (d) 5' (b) (b) 40' 30'
Minimum Total -- Both Side Setbacks:
    20' 15' 15' 12' 12' 12' (d) 12' (a) (a) (a) (a)
Minimum Side Setback; Corner Lot/Side Street -- Principal Building:
    15' 15' 15' 15' 15' 15' (d) 15' 30' 30' 30' 30'
Minimum Side Setback; Reverse Corner Lot -- Principal Building:
    30' 30' 30' 30' 25' 25' (d) 25' 15' 15' 30' 30'
Minimum Rear Setback -- Principal Building:
    20' 20' 20' 20' 20' 20' (d) 20' (c) (c) (c) 30'
Maximum Lot Coverage; Percent of Total Area -- Principal Building:
    30% 30% 30% 30% 30% 30% (d) 30% (a) (a) (a) 5%
Maximum Building Height -- Principal Building:
    25' 25' 25' 25' 35' 35' (d) 35' 65' 65' 65' 25'
Minimum Floor Area/SF Per Dwelling Unit --
    1200 1000 850 600 450 600 (d) 450 (a) (a) (a) 1200

 

    (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 from the center of an alley or rear lot line, whichever is less.
    (d) Licensed and permitted in accordance with this Code.

11-4-6:  SPECIAL REGULATIONS:  (2534 2841 2975 3497 3599)  The following additional regulations apply as indicated below.

(A) SINGLE-FAMILY DETACHED DWELLING UNITS are also 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.  Subject to the provisions of Chapter 12 of Title XI, "Rental Property Maintenance Code," W.M.C., no persons except the following persons shall occupy a dwelling unit:


(1) Members of a family, together with bona fide domestic employees of such family; or
(2) Up to four unrelated persons; or
(3) Two persons and any of either of their children by blood, marriage, adoption, or guardianship, including foster children placed by a state institution or licensed child placement agency; or
(4) Up to eight residents of a group home for the aged; or
(5) Up to eight residents, plus staff, of a group home for persons with mental illness; or
(6) Up to eight residents, plus staff, of 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 which 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 50-foot frontage or which 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 which 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 4 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 6 feet.
      6.  Flag Lots. For the purposes of measuring the setback requirements of Section 11-4-5 of this Chapter, 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 5-foot minimum on each side.

(G)  ADJACENT LAND USE RESTRICTIONS.  (3427)

     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. 

(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 one hundred feet (100') of the trash storage area.  Screening shall be an opaque decorative wall or fence built to a minimum of six feet (6') 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 (1) 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 (1) 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 zone 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 non residential zone 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 (2) accessory buildings will be permitted per building lot. In non PUD residential zoning districts, one detached garage shall be permitted in addition to two (2) 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 zone districts and residential PUD districts, the total of any detached garage and accessory buildings shall be limited to 5% 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 2000 square feet per building lot. For all nonresidential PUD zone districts, size will be determined in the ODP or ODP amendment. Maximum height of an accessory building shall be limited to fifteen (15) feet, except in O-1 zone districts where maximum height shall be limited to thirty-five (35) feet.     
      5.  Setbacks:  This Subsection (N) provides the setbacks for accessory buildings, except that the setbacks for accessory buildings in PUD zone 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 zone district for the purpose of this Subsection..

(a) Accessory buildings one hundred twenty (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 (3) feet from the property line but may not encroach into any easements.  The side or rear setback adjacent to a public road shall be fifteen (15) feet.
(b) Accessory buildings greater than one hundred twenty (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 (5) feet from the property line but may not encroach into any easements.  The side or rear setback adjacent to a public road shall be fifteen (15) feet.
(c) Accessory buildings in the O-1 zone district:  the front setback shall be one hundred (100) feet.  The side and rear setbacks shall be thirty (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 thirty (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.
(e) 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 which 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 6 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 6 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 6 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 which obstructs the vision of motorists, as determined by the city traffic engineer.  Any fence or retaining wall which does obstruct the vision of the motorists may be abated as a nuisance as set forth in title 8, 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 5 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.

(R) CITY EXEMPTION FROM COMPLIANCE.  All property, uses, structures, and facilities owned or operated by the City for the purpose of providing municipal services are exempt from complying with all zoning regulations and are exempt from all Preliminary Development Plan, Official Development Plan, and platting procedures contained in this Code. In addition, the acquisition of land, wherever located, by the City for open space, park, rights-of-way, or other public purposes is exempt from complying with all zoning regulations and all Preliminary Development Plan and Official Development Plan requirements contained in this Code.

11-4-7:  PUD -- PLANNED UNIT DEVELOPMENT DISTRICT:  (2534 2975 3497)

(A) AUTHORIZATION.  The provisions of this Title concerning Planned Unit Developments (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 and 4 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.

11-4-8:  USES BY SPECIAL PERMIT:  (2534 2975 3053 3497) 

(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) Group Care Facility
(3) Institutional Care Facility
(4) Tattoo or Body Piercing Parlor
(5) Thrift Stores 5,000 sq. ft. or greater.

(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 Land Use 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 three hundred (300) feet of the subject property based upon records of the County Assessor as of a date within fifteen (15) days of filing the application.  The list and map shall meet the requirements in Paragraph 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 seven hundred fifty (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 one thousand (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 five hundred (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 one thousand (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 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.

(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 thirty (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 seven hundred fifty (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 seven hundred fifty (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 one thousand (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 one thousand (1,000) feet of another such use shall preclude approval of the special use permit.
          (e) The location of an ambulance service within five hundred (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.

(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 (10) 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, 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 (10) 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 fourteen (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 (1) 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.

11-4-9:  CONDITIONAL USES:  (2534 2975 3053 3497)

(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:

(1) Group Home for the Developmentally Disabled
     (a) Receive and maintain state license as a Community Residential Home, and
     (b) Maintain adequate off-street parking for employees.
(2) Group Home for the Mentally Ill
     (a) Receive and maintain state license as a Group Home for the Mentally Ill,
     (b) Maintain adequate off-street parking for employees, and
     (c) Be located no nearer than 750 feet from another such group home.
(3) Group Home for the Aged
     (a) Be located no nearer than 750 feet from another such group home, and
     (b) Residents do not require life care or nursing facilities as defined by state statute.
     (c) Maintain adequate off-street parking for residents.
(4) Domestic Violence Shelter
     (a) Maintain adequate off-street parking for employees
(5) 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

(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.
(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 insure 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 insure that the conditions established in this Section have been met.

(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 (1) year or more.
(2) A Conditional Use shall automatically terminate if the conditions of approval are no longer being met.

 11-4-10:  HOME OCCUPATIONS:  (2534)

(A)  OCCUPATIONS PERMITTED.  Home occupations which 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:
1.  No more than two students instructed at any one time (preparing for the lesson or being instructed).
2.  This activity can only be conducted during the months of April, May, June, July, August, September and October.
3.  The participants must be no older than 7 years of age.
4.  Instruction may occur only between the hours of 8:00 AM and 7:00 PM
5.  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 twenty percent (20%) of the gross floor area of the dwelling as defined by the Uniform Building Code, or three hundred (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.
     6. No motors shall be used in the conduct of the home occupation except electric motors having 2 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 which requires a special use permit pursuant to section 11-4-8 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. 

 11-4-11:  ANTENNAS, TOWERS AND TELECOMMUNICATION FACILITIES: (2534 3135 3555)

(A) INTENT AND PURPOSE:  In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the City Council finds that these regulations are necessary to:

(1) Establish a local policy concerning telecommunications providers and services;
(2) Promote competition in the provision of telecommunications services;
(3) Facilitate the provision of wireless telecommunications services to the residents and businesses of the City;
(4) Minimize adverse visual effects of towers through careful design and siting standards;
(5) Encourage and maximize the use of existing and approved towers, buildings, and other structures to accommodate new wireless telecommunications antennas in order to reduce the number of towers needed to serve the community; and
(6) Secure fair and reasonable compensation to the City and its residents for the use of any appropriate public property for use as a site for wireless telecommunications facilities.

(B) APPLICABILITY:

(1) The provisions of this Section shall apply throughout the City of Westminster, except as noted herein, and it shall be unlawful for a tower, antenna, or telecommunications facility to be placed except in compliance with these provisions.
(2) The following facilities are not subject to the requirements of subsections (D) through (H) below:
(a) Antennas or towers used by FCC-licensed amateur radio operators shall be permitted in any zoning district up to the maximum height specified for principal structures for that district.  In PUD districts, the operator must apply for an Official Development Plan (ODP), ODP amendment, or ODP waiver to establish permissible structure heights if the ODP fails to specify height limitations for that district.
(b) Television or radio antennas, located on single family dwellings or duplexes, less than five feet above the highest point of the existing principal structure. 
(c) Telecommunications facilities located on City-owned property.
(3) The requirements of this Section may be waived by the City Manager in the case of telecommunications facilities owned or operated by a governmental entity or public utility if it is demonstrated that the public good cannot be adequately served within the limitations of this Section.

(C) DEFINITIONS:

"Alternative Tower Structure" shall mean man-made trees, clock towers, bell steeples, light poles, buildings, and similar alternative design mounting structures that are compatible with the natural setting and surrounding structures, and camouflages or conceals the presence of antennas or towers.  This term also includes any antenna or antenna array attached to the alternative tower structure.
"Antenna" shall mean any exterior transmitting or receiving device mounted on a tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.
"Co-location" shall mean the placement of antennas or other telecommunications facilities by two or more telecommunications providers in the same location or on the same tower or alternative tower structure.
“Eligible Facilities Request” shall mean a request for modification of an existing wireless tower or existing base station that involves co-location of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment.
"Landowner" shall mean a natural person or persons, partnership, company, corporation or other legal entity recorded, in the records of the Adams or Jefferson County Clerk and Recorder, as the owner of the real property upon which the telecommunications facility is located or proposed to be located.  For the purposes of a telecommunications facility located on a building or other existing structure that is owned by a different legal entity than the owner of the real property, both the real property owner and the owner of the building or structure will be considered to be landowners. 
"Screen Wall" shall mean an opaque structure, typically located on top of, but integrated with the design of, a building that conceals mechanical, telecommunications or other equipment from view from the surrounding rights-of-ways and properties.
“Substantially Change” shall mean any of the following, and refers to a single change, or a series of changes over time (whether made by the same or different entities) viewed against the initial approval for the tower or base station that individually or cumulatively produces:
1. any increase in the height of any component;
2. more than a 10% increase in the width or depth of any equipment, pad, or component;
3. a change in the color of any visible component or equipment that causes it to appear larger or more visible;
4. a change in the physical dimension of a camouflaged wireless facility, where the changes would be inconsistent with the design of the camouflaged wireless facility, or make the wireless towers more visible;
5. a change in the physical dimensions that requires work that would intrude upon the public right of way, or any environmentally sensitive area;
6. an increase in radio frequency emissions that causes the site to exceed federal radio frequency emissions standards; or
7. a change in the mounting of new or replacement transmission equipment that will involve installing new equipment cabinet(s) not permitted under the initial approval and that will not fit within the existing enclosure for the wireless tower or base station or that will require installation of a new cabinet or enclosure.

"Telecommunications Facilities or Facility" shall mean the base station, plant, equipment, and personal property, including but not limited to, cables, wires, conduits, ducts, pedestals, antenna, towers, alternative tower structures, electronics and other appurtenances used to transmit, receive, distribute, provide, or offer telecommunication services.
"Telecommunications Provider" shall mean a person, partnership, company, or corporation that constitutes the business entity who owns or will own, once constructed, the telecommunications facilities that are proposed for review and approval under this Section.
“Telecommunications Support Facilities” shall mean support building structures, and equipment cabinets containing electrical and mechanical equipment and devices used for the reception of or transmission of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities.
"Tower" shall mean any structure designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, and monopole towers.  The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and other similar structures.  This term also includes any antenna or antenna array attached to the tower structure. 
(D) REVIEW AND APPROVAL PROCESS: 
(1) Except as provided in subsection (J) below, a use of land for a telecommunication facility must be approved in an Official Development Plan (ODP), amended ODP, or ODP waiver, including facilities located on public rights of way.  If the applicable ODP does not include a height limitation for the principal structure, an ODP amendment or waiver to specify the permitted height for the facility shall be required. 
(2) A telecommunication facility must receive a building permit, and be in compliance with the building code adopted by the City.
(3) An application may be approved by the City Manager or his designee(s) with the exception of telecommunication facilities proposed to be located above-ground on public rights-of-way, which must be approved at a public hearing before the Planning Commission pursuant to the procedures set forth in Title 11, Chapter 5.
(4) Consistent with federal law, the City will review and approve an application for an eligible facilities request when the application does not seek to substantially change the physical dimensions of the existing tower or the existing base station.
(E) PREREQUISITES FOR APPROVAL:  No OPD, ODP amendment, or ODP waiver relating to a telecommunications facility shall be approved unless the following findings have been met: 
(1) Such facility is necessary to provide adequate services to locations that the telecommunications provider is not able to serve with existing approved facilities;
(2) The telecommunications provider certifies that the facility conforms to all applicable regulations promulgated by the federal communications commission (FCC), the federal aviation administration (FAA), and any other federal agency with jurisdiction;
(3) The facility will be designed and constructed in a manner which minimizes visual impact and preserves view corridors; 
(4) The location of the facility is the most appropriate site among those available within the technically feasible area for the location of a telecommunication facility;
(5) The telecommunications provider has considered whether co-use is possible or permissible, based on legal, financial, and technical consideration in order to avoid the need for additional structures; and
(6) The telecommunications provider has satisfactorily addressed the design standards herein.

 

(F) APPLICATION:  The procedures and requirements, set forth in Title 11, Chapter 5 of the Westminster Municipal Code, will apply to any application for a telecommunications facility.  In addition, the application shall contain the following:

(1) (a) Certification by the telecommunications provider that the telecommunication facility is in compliance with the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with authority to regulate the telecommunications facilities that are the subject of the application; and
(b) A written agreement from the telecommunications provider that, if such standards and regulations are changed, the telecommunications provider shall bring such facilities into compliance and that the facilities will be brought into compliance within the time frame mandated by the controlling federal agency.  The telecommunications provider also will agree in writing, that if the facility causes interference with public safety communications, it will correct this interference at its expense.  The telecommunications provider will further agree in writing that failure to do so shall authorize the City to shut down the facility until compliance is demonstrated.
(c) Written consent by the telecommunications provider to submit to, at the provider’s expense and prior to receiving final City approval to operate the facility, testing of the facility by an independent consultant chosen by the City in order to confirm compliance of the facility with all applicable technical regulations and to confirm that the facility does not cause harmful interference, as defined by the Federal Communications Commission, to any public safety communications or adjacent landowner.
(2) A written agreement by the telecommunications provider that it shall ensure that any tower is maintained in compliance with standards contained in applicable local building codes, as amended from time to time.  Evidence may consist of a structural report by a Colorado licensed professional engineer demonstrating that the tower or alternative tower structure will comply with applicable structural standards.
(3) An acknowledgment binding the telecommunications provider, the landowner (if other than the telecommunications provider) and both of their successors in interest to properly maintain the exterior appearance of and to ultimately remove the tower, antenna and other telecommunications facilities in compliance with the provisions of this Chapter and the applicable ODP.
(4) An acknowledgment by the landowner of the property and the telecommunications provider that the City may enter upon the property and the telecommunications facility and undertake any maintenance or removal activities so long as the City has provided the telecommunications provider with written notice requesting the work needed to comply with this Chapter and providing the telecommunications provider at least forty-five days to complete it.  Such notice shall be sent to the address provided by the telecommunications provider on the ODP.  The City shall not be required to provide advance notice if there is a significant risk to the public health and safety requiring immediate remedial measures.
(5) For applications to place a telecommunications facility in the public right-of-way, an agreement to post a performance bond, letter of credit or other financial guarantee as listed in Section 11-6-4(A)(2), W.M.C., at the time a permit is issued, in an amount to be set by the City, reasonably related to the costs that the City may incur should the telecommunications provider fail to comply with any of its obligations pursuant to subsection (I) (concerning removal of abandoned facilities).  The bond, letter of credit, or other financial guarantee shall remain in effect until such facilities are removed.
(6) An acknowledgement by the landowner indicating that the landowner is not precluded by contract or otherwise from entering into leases of the same property with other telecommunications providers.
(7) The names, addresses, and telephone numbers of the landowner and the telecommunications provider, and any authorized officer, agent, or employee responsible for the application and with whom communications may be exchanged.
(8) Proof, satisfactory to the City, that the telecommunications provider has received a final operating license from the FCC to provide the telecommunications services or facilities proposed at the location within the City.  For the purposes of this Section a “final operating license” means a FCC license from which no notice of appeal, protest, petition for review, or petition for reconsideration, as defined by Title 47 of the Code of Federal Regulations, as amended, has been or may be filed.
(9) A site plan, to scale, meeting the design standards of subsection (G) below, that shows the relative shape, size, and location of the proposed telecommunications facilities, which shall include:

(a) A design description, including height above grade, materials, and color for the proposed antenna on a tower or alternative tower structure;
(b) A landscaping and visual mitigation plan, detailing how screening from the public view will be accomplished, and how design characteristics will have the effect of reducing or eliminating visual obtrusiveness, how the landscaping will be maintained, and who is responsible for the maintenance;
(c) Proposed ingress and egress;
(d) Proximity of the tower or other telecommunications facility to residential structures and residential district boundaries;
(e) Nature of uses on adjacent and nearby properties within two hundred (200) feet of cellular facility;
(f) Surrounding topography; and
(g) Tree coverage within two hundred (200) feet of cellular facility.

(G) DESIGN STANDARDS:  An application shall be reviewed to determine that all required information has been submitted and that the following standards have been met.  The applicant must demonstrate that the following minimum standards have been met:

(1) At least ten (10) feet of horizontal clearance must exist between any antenna and any power lines; more clearance may be required to meet Colorado Public Utilities Commission standards.
(2) No guy wires employed may be anchored within the area in front of any primary structure on a parcel.
(3) Setbacks.
(a) All telecommunication facilities and telecommunications support facilities must be designed or sited so that they are set back a minimum of two hundred (200) feet from the nearest residential use or residentially zoned property and do not pose a potential hazard to nearby residences or surrounding properties or improvements. 
(b) Telecommunication facilities adjacent to non-residential uses shall be set back, at a minimum,  a distance equal to at least the height of the tower from any adjoining lot line.
(c) All parts of the structure, including but not limited to supports, fences, and guy wires, shall be set back from the property line, at a minimum, the same distance that is required for a principal structure under this Code or the applicable ODP and shall not be closer to the front property line than the front of the existing principal structure on the property, if any.  If the applicable ODP does not specify setbacks, an ODP amendment or waiver shall be obtained specifying the setbacks for the structure.
(d) Additional setback may be required to contain on-site all ice fall or debris from tower failure and/or to preserve privacy of adjoining residential and public property.  Additionally. telecommunication facilities shall be constructed so as to minimize the potential safety hazards and located in such a manner that if the facility should fall, it will remain within the property boundaries and avoid habitable structures, public rights-of-way, utility lines and other telecommunication facilities. 
(e) If the applicable zoning district setback requirements are greater than the height of the tower, the more restrictive setback must be met. Guy anchors and accessory buildings must satisfy the minimum zoning setback requirements.
(4) Towers, telecommunications facilities, telecommunications support facilities, alternative tower structures, landscaping, fencing, etc. shall be maintained in accord with the ODP.
(5) All structures and equipment shall be screened and protected by a fence or wall not less than six (6) feet in height from ground level, unless other screening methods are approved or waived through the ODP process.  Such fence or wall shall be either (i) masonry or (ii) vinyl fencing if used with brick, stone, stucco, or masonry columns.  The fence or wall must effectively screen the telecommunication structure and equipment.
(6) At a tower site, the design of the buildings and related telecommunications facilities shall use materials, colors, textures, screening, and landscaping that will blend the facilities with the natural setting and the built environment.  If the built environment is anticipated to change significantly during the usable life of the tower or alternative tower structure, such as within an urban renewal district, the tower or structure shall be compatible with the anticipated future built environment.
(7) Equipment installed on a rooftop shall be concealed by a screen wall.  Such screen wall shall be designed to appear integrated into the building architecture.

(8) If an antenna is installed on a structure other than a tower, the antenna and supporting telecommunications facilities must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related facilities as visually unobtrusive as possible.
(9) For telecommunication facilities, including alternative tower structures, to be located above-ground and located adjacent to the traveled portions of streets or sidewalks: the setback must be, at a minimum, equal to the height of the proposed facility and shall not exceed the height of standard utility poles in the vicinity.
(10) Landscaping shall be accomplished with a buffer of plant materials that effectively screens the view of the telecommunications support facility from adjacent property and in accordance with City landscaping standards.  All vegetation shall be maintained in a living condition.  Automatic irrigation shall be provided to ensure the on-going maintenance of the landscaping.
(11) The use of any portion of a telecommunications facility for signs for promotional or advertising purposes, including but not limited to company name, phone numbers, banners, streamers, and balloons is prohibited.  The City may require the installation of signage with safety and contact information.
(12) Towers shall not be artificially lighted, unless required by the FAA or other applicable authority.
(13) No portion of any antenna array may extend beyond the property line.
(14) Sufficient anti-climbing measures must be incorporated into each facility to reduce potential for trespass and injury.  By way of example, and not of limitation, security fencing together with a lack of pegs of the bottom portion of the tower, shall be considered sufficient anti-climbing measures.  There shall be no permanent climbing pegs within fifteen feet of the ground.  Motion-activated or staff-activated security lighting around the base of a tower or accessory structure entrance may be provided if such lighting does not project off-site. 
(15) In addition to the foregoing standards, the decision maker may consider if in determining whether to approve an ODP or ODP amendment pursuant to this Section, the aesthetic impacts, including design and appearance of the structure and obstruction of view corridors, outweigh the benefits to the public of improved wireless service.

(H) CO-LOCATION:  The shared use of existing towers or other alternative tower structures shall be preferred to the construction of new facilities.  The application for any ODP or ODP amendment shall include evidence that reasonable efforts have been made to co-locate within an existing telecommunication facility or upon an existing alternative tower structure within a reasonable distance, regardless of municipal boundaries, of the site.  The telecommunications provider must demonstrate that the proposed telecommunication facility cannot be accommodated on existing telecommunications facilities due to one or more of the following reasons:

(1) The planned equipment would exceed the structural capacity of existing and approved telecommunications facilities or other alternative tower structures, considering existing and planned use for those facilities;
(2) 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;
(3) Existing or approved telecommunications facilities or other alternative tower structures do not have space on which proposed equipment can be placed so it can function effectively and reasonably;

(4) Other technical reasons make it impracticable to place the proposed equipment on existing facilities or structures;
(5) The land owner or owner of the existing telecommunication facility or other alternative tower structure refuses to allow such co-location or requests an unreasonably high fee for such co-location compared to current industry rates;
(6) No existing towers or alternative tower structures are located within the geographic area required to meet the telecommunications provider’s engineering requirements;
(7) Existing towers or alternative tower structures are not of sufficient height to meet the telecommunications provider’s engineering requirements;
(8) Existing towers or alternative tower structures do not have sufficient structural strength to support the proposed antennas and related equipment; and

(I) ABANDONMENT; REPAIR; REMOVAL:

(1) At the time of submission of the application for a telecommunication facility, the telecommunications provider and the landowner shall execute an agreement in a form acceptable to the City, to remove all antennas, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, as well as any tower or structure used as a telecommunications facility if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than one hundred eighty (180) days. Upon removal, the land shall be restored and re-landscaped, at the operator’s expense, to the level of finish of the adjacent landscaped area. 
(2) If upon inspection, the City concludes that a telecommunications facility fails to comply with the approved ODP or constitutes a danger to persons or property, then upon notice being provided to the representative as listed on the ODP of a telecommunications facility, the telecommunications provider shall have thirty (30) days to bring such telecommunications facility into compliance with the ODP.  If the telecommunications provider fails to bring such facility into compliance within said thirty (30) days, the City may remove the facility at the telecommunication provider’s expense.
(3) Any telecommunication facility that is not operated for a continuous period of one hundred eighty (180) days shall be considered abandoned.  The City, in its sole discretion, may require an abandoned tower, antenna, or any other ancillary telecommunications equipment to be removed within ninety (90) days of receipt of notice from the City notifying the telecommunications provider and the landowner of such abandonment.  Upon removal, the site shall be restored or re-vegetated to blend with the surrounding environment.  If such removal is not completed within said ninety (90) days, the City may remove and dispose of the same at the telecommunications provider’s or the landowner’s expense.  If there are two or more users of a single tower or alternative tower structure, then this provision shall not become effective until all users cease using the tower.
(4) Any telecommunication facility placed in a public right-of-way shall be removed within one hundred twenty (120) days after notification by the City that the right-of-way is needed by the City for the expansion, construction, or reconstruction of a street or highway or other use by the City for any City project.  Such removal shall be at the sole expense of the telecommunications provider and if the telecommunications provider fails to remove the facility within the said one hundred twenty (120) days, the City may remove and destroy the facility and charge the costs to the telecommunications provider.

(J) LOCATIONS ON CITY PROPERTY:  When it is in the interest of the City, the City Manager or his designee may, but is not required to, negotiate an agreement with a telecommunications services provider for the use of City-owned property (except public rights-of-way) for the location of towers, alternative tower structures, antennas, and other telecommunications facilities.  Any such agreement must be approved by the City Council by ordinance prior to the installation of any telecommunications facility on City-owned property.  When so located, proposals to place telecommunications facilities on City-owned property may be considered by the City Manager without meeting the preceding requirements of this Section.  The City Manager is authorized to adopt reasonable rules and regulations for the review of such facilities, including establishing such fees as may be reasonably necessary to adequately reimburse the City for its costs in evaluating and processing such requests. 

11-4-12:  SATELLITE EARTH STATIONS: (2534 3555)

(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 insure 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.  For purposes of this Chapter, unless the context requires otherwise:
      1.  Neutral color means a color of a blending character which is unobtrusive and natural.  
      2.  Satellite earth station means an antenna, often dish-shaped, designed to receive television broadcasts.  A satellite earth station has the following elements: a lownoise amplifier (LNA), which is situated at the focal point of the receiving component, and which magnifies and transfers signals; and a coaxial cable which 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 twelve 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 twelve feet may be obtained in nonresidential districts for a period not to exceed thirty (30) days in any year.  The Department of Community Development shall establish criteria for such permits for purposes which 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 Development.  
      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 twelve feet shall be $25.00 plus use tax pursuant to Chapter l2, Title 5, of the Official Code of the City of Westminster.  The fee for a building permit to install a temporary satellite earth station shall be $10.
      5.  A current business license and contractors license shall be required for any person installing a satellite earth station within the City limits of the City of Westminster.  
      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 (l) 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 (10) feet in diameter or width or length. 
(b)  A satellite earth station shall not rise more than thirteen (13) feet from the ground in height.  Height shall be measured vertically from the ground immediately adjacent to the base which 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 (l0) 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 which is adequate for design wind loads, pursuant to provision of the uniform 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 Non Residential Districts:

     1.  Dimension:

(a)  A satellite earth station foundation shall not exceed thirteen (l3) feet in diameter or in width or in length. 
(b)  A ground mounted satellite earth station shall not rise more than fifteen (15) feet in height.  Height shall be measured vertically from the bottom ground immediately adjacent to the base which 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 which 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 Uniform 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 twenty five (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 Uniform 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 twelve 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 three hundred dollars ($300). 

(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 of Westminster. 
(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 which 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.

11-4-13:  ADULT BUSINESSES:  (2534 2687 2975)

(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 which 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 which 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 conten t 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 of this Code 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 one thousand feet (1,000') 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 one thousand feet (1,000') 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 an 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 of this Code.  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 one thousand feet (1,000') 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 of this Code 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.

11-4-14:  LAND USE REGULATION OF OIL & GAS OPERATIONS:  (2534)

(A) PURPOSE.   This ordinance is enacted to protect and promote the health, safety, morals, convenience, order, prosperity or general welfare of the present and future residents of the City of Westminster, Colorado (hereinafter "the City").  It is City Council's intent by enacting this ordinance to mitigate potential land use conflicts arising as a result of the development of oil and gas resources within the City. 

It is recognized that under Colorado law the surface and mineral estates are separate and distinct interests in land and that one may be severed from the other.  Owners of subsurface mineral interests have certain legal rights and privileges, including the right to use that part of the surface estate reasonably required to extract and develop their subsurface mineral interests, subject to compliance with the provisions of this ordinance and any other applicable statutory and regulatory requirements.  The State has a recognized interest in fostering the efficient development, production and utilization of oil and gas resources and in the prevention of waste and protection of the correlative rights of common source owners and producers to a fair and equitable share of production profits.  Owners of surface estates have certain legal rights and privileges, including the right to have the mineral estates developed in a reasonable manner.  Local governments have the recognized, traditional authority and responsibility to protect the health, safety and welfare of persons and property and to regulate land use within their jurisdictions.  This ordinance is intended as an exercise of the City's police power and regulatory authority to ensure the compatible coexistence of oil and gas drilling and extraction activities with residential, commercial and other types of development within the City.

(B)  DEFINITIONS.  All terms used in this chapter that are defined in the Act or in Commission regulations and are not otherwise defined in this section shall be defined as provided in the Act or in Commission regulations in effect as of the date of this Ordinance.  All other terms used in this chapter shall be 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.

      ACCESSORY EQUIPMENT means any equipment which 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, as from time to time amended.
      BERM means 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 means the City of Westminster Municipal Code.
      COMMISSION or OGCC means the Oil and Gas Conservation Commission of the State of Colorado.  
      DEVELOPING AREA means an area of at least one-square mile of land which is determined by the Planning Commission to contain an average residential density of less than one dwelling unit per 2.5 acres or to contain less than an average of 50,000 square feet of gross floor area devoted to non-residential structures which require a certificate of occupancy.
      INJECTION WELL means any hole drilled into the earth into which fluids are injected for the purposes of secondary recovery, storage, or disposal, pursuant to authorizations granted by the OGCC.
      INSPECTOR means any person designated by the City Manager, or designee thereof, who shall have the authority to inspect a well site or production site to determine compliance with this chapter and other applicable ordinances of the City.
      OIL AND GAS WELL means a hole drilled into the earth for the purpose of exploring for or extracting oil, gas, or other hydrocarbon substances.
      OPERATING PLAN means a general description of an oil or gas well facility identifying purpose, use, typical staffing pattern, seasonal or periodic considerations, routine hours of operation, source of services, infrastructure, and any other information related to regular functioning of such facility. 
      OPERATOR means the person designated as operator in OGCC Form 2 or a subsequently filed OGCC form 10.  
      OWNER means any person with a working interest ownership in the oil and gas well or a leasehold interest therein.  
      PRODUCTION PITS means those pits used for initial settling, temporary storage, or disposal of produced water by permeation or evaporation after drilling and initial completion of a the well.
      PRODUCTION SITE means the surface area immediately surrounding proposed or existing production pits, or other accessory equipment necessary for oil and gas production activities, exclusive of transmission and gathering pipelines.
      REENTERING means accessing an existing well bore for either the original or amended purpose when such well has not been abandoned.
      SIDETRACKING means 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.
      TREATMENT FACILITIES means any plant, equipment or other works used for the purpose of treating, separating or stabilizing any substance produced from a well.
      TWINNING means 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.
      URBANIZED AREA means an area of a minimum of one-square mile of land which is determined by the Planning Commission to contain an average residential density equal to or greater than one dwelling unit per 2.5 acres or to contain an average of 50,000 square feet or greater of gross floor area devoted to non-residential structures.
      WELL means an oil and gas well or an injection well.  
      WELL HEAD means the equipment attaching the surface equipment to wellbore equipment at the well.
      WELL SITE means that area surrounding a proposed or existing well or wells and accessory structures, containment berm and equipment necessary for drilling completion, recompletion, workover, development, and production activities.

(C)  GENERAL PROVISIONS.  
      1.  Violations.   Within all zoning districts, it shall be unlawful for any person to drill a well, or reactivate a plugged or abandoned well, or extract resources from a well, or install accessory equipment or pumping systems unless an Official Development Plan (hereinafter "ODP") authorizing such activity or use has first been granted by the City in accordance with the procedures defined in this Chapter.  This prohibition shall not apply to a well which has been approved by the City in an ODP prior to the effective date of this chapter. When a well has been approved pursuant to this Chapter, the twinning, sidetracking, or reentering of such well for the purposes of deepening, recompleting, or reworking shall not require a subsequent approval under this Chapter.  The approval of such ODP shall not relieve the owner or operator from otherwise complying with all applicable regulatory requirements of the City, State of Colorado and United States.  
      2.  Inspections.  In recognition of the potential impacts associated with oil and gas drilling and well operation in an urban setting, all wells and accessory equipment and structures shall be subject to inspection by the inspectors of the City at reasonable times to determine compliance with applicable provisions of this Chapter, the Uniform Fire Code, the Uniform Building Code, and other applicable City health/safety standards.  For the purpose of implementing and enforcing the provisions of this chapter, the city personnel have the right to enter upon private property after reasonable notification to the operator, which provides the operator an opportunity to be present. 
      3.  Sales and Use Tax License.  An operator of a well subject to the provisions of this chapter 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 must comply with applicable provisions of Title IV of this Code relating to taxation.
      4.  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 then in effect.

(D)  APPLICATION ELEMENTS.  An application for an ODP pursuant to this Chapter shall be filed with the City Department of Community Development and shall include the following information: 

     1.  Site Plan.  The site plan shall be submitted in accordance with the format prescribed for an ODP application in Title XI of the Code, showing:

(a) a legal description of the property upon which the well site and production site are to be situated,
(b) a true north arrow,
(c) the location of the proposed well site and production site, including well, twinning locations, motors, tank battery, separators and treaters, storage facilities, production pits, containment berm, transmission and gathering pipelines and other accessory equipment to be used during the drilling, maintenance and operation of the proposed well,
(d) the location of all other proposed structures, including fencing and signs.
(e) all proposed access ways associated with the well site and production site,
(f) intended color of paint for storage tanks and other permanent structures, fencing and berming for the site,
(g) a description and location of proposed landscaping,
(h) all existing physical features, including drainageways, floodplains, roads and rights-of-way, designated wild-life areas, trees and City open-space, parks and recreation property within 1000 feet of a well site or production site,
(i) existing subdivision boundaries, buildings, structures, property lines, public and private utility easements of record and utility facilities and improvements within 400 feet of the well site or production site,
(j)  the signature and seal of a professional land surveyor
(k) Any other information required by the provisions of this Title relating to the content of an application for an ODP.  

     2.  Vicinity Maps.  Vicinity maps shall be submitted with the application for an ODP on one or more maps or plats showing the following:

(a) Location of all existing bodies of water and watercourses, including direction of water flow.  This information shall be submitted on United States Geological Service (USGS) 7.5 minute series, assessor base maps which indicate topographic detail and show all existing bodies of water and watercourses with a physically defined channel within a 1000 foot radius of the proposed well.   
(b) Location of existing oil and gas wells as reflected in OGCC records.  This information shall be submitted on a map and shall include any and all wells (including abandoned wells) within a 1000 foot radius of the proposed location for the well.
(c) Location of proposed well site and proposed production site.  This information shall be that contained on OGCC Form 2 and shall be graphically depicted on a map of the section in which the sites are to be located and shall include the parcel tax identification number of the property on which the sites are to be located.

     3.  Narrative Elements.  In addition to the site plans and the vicinity maps required in subsections 1. and 2. of this section, the application shall also include:

(a) The names and addresses of the operator and surface owner, and copies of any lease agreements with the surface owner and applicable OGCC Forms 1 and 2.
(b) An operating plan.
(c) A listing of all permits or approvals obtained or yet to be obtained from local, State or Federal agencies other than OGCC.
(d) An emergency response plan which includes, but is not limited to, a listing of local telephone numbers of the public and private entities and individuals to be notified in the event of an emergency, a description of the best emergency access to the well, drilling equipment and related facilities and structures, and a description of arrangements which will be made to allow access by emergency response personnel to secured facilities. 
(e) A plan for weed control at the well site.
(f) A schedule of drilling and anticipated completion events related to the proposed well.
(g) The drainage and erosion control plan for on-site and off-site drainage.
(h) A site reclamation and restoration plan including the reclamation schedule.
(i) A waste disposal plan.

(E)  APPLICATION FEE.  An application for review of an ODP pursuant to this chapter shall be accompanied by a fee of One Thousand Dollars ($1,000).  The fee shall not be refunded if the application is withdrawn or denied. 

(F)  DETERMINATION OF APPLICATION. 
     1.  The City shall approve an application for an ODP filed pursuant to this chapter if the application meets the following requirements: 

(a) The application submission requirements set forth in subsections 11-4-14(D) and 11-4-14(E).  
(b) The applicable development standards contained in subsections 11-4-14(I) and 11-4-14(J) and 
(c) The Uniform Building Code and Uniform Fire Code requirements.

      2.  The City shall deny an application for an ODP filed pursuant to this Chapter that does not meet the requirements listed above.
      3.  The City's determination of the application shall be made pursuant to the procedures set forth in this Title for approval of an ODP, except that a hearing before the City Planning Commission shall be required on any application filed under this Chapter.

(G)  VARIANCES FROM DEVELOPMENT STANDARD. 

     1.  The City Council shall grant a variance from a development standard in either of the following cases:

(a) The applicant establishes that a particular application of a development standard to the applicant's property results in a direct conflict with the statutory responsibilities of the Commission; or
(b) The applicant establishes that a particular application of a development standard to the applicant's property constitutes a taking or damage in violation of the United States Constitution or Article 2, section 3 of the Colorado Constitution.

     2.  The City Council may grant a variance from a development standard if it finds that the requirements set forth in section 2-6-2 (B) 2. of this Code have been met.

(H)  NOTICE TO PROCEED.  Prior to commencement of operations for which an ODP has been granted, a "Notice to Proceed" shall be obtained from the City Manager or the City Manager's designee.  The following documentation must be submitted and approved prior to the issuance of the notice to proceed:

1.  A copy of the City Council ordinance approving an ODP for the well,
2.  A copy of the City sales and use tax license,
3.  A copy of all necessary state or federal permits issued for the oil or gas operation, if not previously submitted.

(I)  DEVELOPMENT STANDARDS.  

     1.  Well site and production site setbacks.  In all areas of the City, the following shall apply: 

(a) A well site shall be setback a minimum of three hundred fifty (350) feet from any occupied building or  building permitted for construction and shall be setback a minimum of seventy five (75) feet from any public right-of-way.
(b) A production site shall be setback a minimum of  three hundred fifty (350) feet from any occupied building or  building permitted for construction and shall be setback a minimum of seventy five (75) feet from any public right-of-way.

     2.  Production Site Containment  

(a) To the maximum extent possible, all accessory equipment shall be located within a central battery area which conforms to the production site setback requirements.
(b) All permanent production tanks shall be located within a containment berm.  Such containment berm shall be designed to permit reasonable and adequate access and service.  The containment berm shall be so designed to be capable of impounding an amount of fluid equal to one hundred percent (100%) of the capacity of the largest tank within said berm.

     3.  Noise Regulation.

(a) State law and regulations concerning noise abatement (Title 25, Article 12, C.R.S.) shall apply to all operations together with applicable local government ordinances, rules or regulations.
(b) Exhaust from all engines, motors, coolers and other mechanized equipment shall be vented in a direction away from all occupied buildings to the extent practicable.
(c) All power sources used in pumping and production operations shall have electric motors or muffled internal combustion engines.

     4.  Special Mitigation Measures - Noise

(a) Where a well site or production site is located in an area of particular noise sensitivity, additional noise mitigation may be required.  An area of particular noise sensitivity includes without limitation an area which includes the following: a hospital, a school, dwelling units, a nursing home, a hotel, a church, and designated wildlife preserves, open space, parks, and recreation areas.
(b) In determining the need for special noise mitigation, specific site characteristics shall be considered, including, but not limited to, the nature and proximity of adjacent development, prevailing weather patterns, vegetative cover and topography.
(c)  One or more of the following additional noise abatement measures may be required:

      (i) Acoustically insulated housing or cover enclosing a motor or engine;
      (ii) Noise management plan identifying hours of maximum noise emissions, type, frequency, level of noise to be emitted, and proposed mitigation measures, or
      (iii) Any abatement measures required by OGCC for high density areas, if applicable. 

     5.  Visual Impacts and Aesthetics.  In all areas of the City the following shall apply:

(a) To the maximum extent practicable, a well site and production site shall be located away from prominent natural features such as distinctive rock and land forms, vegetative patterns, river crossings, city-owned and designated open space, parks and recreation areas, and other designated landmarks.
(b) To the maximum extent possible, a well site and production site shall be located to avoid the tops of hills and ridges in order to prevent the appearance of pumpjack and accessory equipment profiles on the horizon.
(c) Electric pumping systems shall be required in areas where feasible. 
(d) In urbanized areas, no tanks located in a production site shall exceed six feet in height.  In developing areas, no tanks located in a production site shall exceed nine feet in height.
(e) In urbanized areas, no treatment facilities located in a production site shall exceed six feet in height, with the exception of venting pipes which shall not exceed 16 feet in height.  In developing areas, no treatment facilities located in a production site shall exceed nine feet in height, with the exception of venting pipes which shall not exceed 16 feet in height.
(f) To the maximum extent possible, the applicant shall locate facilities at the base of slopes to provide a background of topography and/or natural cover. 
(g) To the maximum extent possible, the applicant shall align access roads to follow existing grades and minimize cuts and fills.
(h) Facilities shall be painted as follows:  
      (i) Uniform, non-contrasting, non-reflective color tones, similar to Munsell Soil Color coding system.
      (ii) Color matched to land, not sky, slightly darker than adjacent landscape.  
      (iii) Exposed concrete colored to match soil color.
(i) Electrical lines servicing pumping and accessory equipment shall be installed below ground only.
(j)  Oil and gas shall be transported from a well to treatment facilities by buried pipeline, unless an above-ground line is approved by the City.
(k)  After commencement of production operations, all excavation slopes, both cut and fill, shall be planted and maintained with grasses, plants, or shrubs for the purposes of adequate erosion control.

     6.  Special Mitigation Measures - Visual.  In urbanized areas, the applicant shall be required to submit a Visual Mitigation Plan including one or more of the following standards, as appropriate:

(a) All pumping systems and accessory equipment used in the operation of a completed well shall be screened on all sides by a fence of a height equal to the highest accessory equipment, with the exception of venting pipes associated with said equipment.  The owner shall be responsible for landscaping the perimeter of the fence immediately surrounding the well site and production site.  The design and specific material used for the fence and landscaping shall be determined by the Planning Commission during the review process based on compatibility with adjacent development.
(b) To the maximum extent practicable, exterior lighting shall be directed away from residential areas, or shielded from said areas to eliminate glare. 
(c) The applicant shall be required to provide one or more of the following landscaping practices, on a site specific basis:  
      (i) Establishment and proper maintenance of ground covers, shrubs, trees
      (ii) Shaping cuts and fills to appear as natural forms
      (iii) Cutting rock areas to create irregular forms
      (iv) Designing the facility to utilize natural screens, or
      (v) Construction of fences for use with or instead of landscaping
(d) To the maximum extent possible under O.G.C.C. rules and regulations, the location of the well site and production site shall be compatible with the uses designated for the surface estate.

(J)  OPEN SPACE, PARKS AND RECREATION AREAS.  City-owned open space, parks, or recreation areas shall be subject to the following special requirements:
      1.  Whenever possible, drilling and production operations shall be located and conducted so as to prevent or minimize effects on trails, recreational activities, trees, grasses, water bodies, wetlands, flora and fauna, stream boundaries, and the natural condition of the land.
      2.  Development standards in this chapter which apply to an "urbanized area" shall also apply to city-owned open space, parks and recreation areas.
      3.  Whenever possible, in order to minimize surface impact, the applicant shall develop multiple reservoirs or locations by drilling from common pads or by multiple completions or commingling in existing wellbores provided such operations are authorized by the OGCC.
      4.  Concrete pads or barriers underlying tanks shall be required where necessary to prevent seepage or infiltration.
      5.  Access roads on the property shall be located and constructed pursuant to City requirements.  Security fences and gates shall be installed as required by the City in order to control public access to the property.
      6.  A detailed reclamation and restoration plan shall be submitted with the application.  The plan shall meet or exceed City reseeding standards and shall provide for the complete reclamation of the site in a reasonable period of time to the same or a better condition than existed prior to the commencement of operations in a manner approved by the City.
      7.  The applicant shall also submit an Irrevocable Letter of Credit, Performance and Reclamation Bond or other security, in form and content acceptable to the City Attorney, in the amount of $5,000.00 per well, to cover the costs of reclamation, and a copy of an insurance policy in an amount sufficient to insure the applicant against all claims or causes of action for damages to persons or property, including environmental damage, arising out of its drilling, operation or production activities.  The City shall be named as an additional insured on this insurance policy.

(K)  COMPLIANCE WITH STATE ENVIRONMENTAL REQUIREMENTS.  The approval of an ODP pursuant to this Chapter shall not relieve the operator from complying with all applicable City, state and federal statutes, regulations and standards concerning air quality, water quality, ground contamination and waste disposal.

(L)  ABANDONMENT AND PLUGGING OF WELLS.  The approval of an ODP shall not relieve the operator from complying with all OGCC rules with respect to abandonment and plugging of wells.  The operator shall provide the City with Commission Form 4 at the time that it is filed with the Commission. 

(M)  SEISMIC OPERATIONS.  The approval of an oil and gas permit shall not relieve the operator from complying with all OGCC rules with respect to seismic operations.  All notices which an operator is required to file with the Commission with respect to seismic operations shall be filed with the City on a timely basis.  The City shall comply with the same confidentiality requirements which bind the Commission.

(N)  SIGNAGE.  The approval of an oil and gas permit shall not relieve the operator from complying with all OGCC rules with respect to signs.  In addition, the owner or operator shall maintain in good, readable condition all signs required by such Commission regulations.

(O)  RECLAMATION.  The approval of an ODP shall not relieve the operator from complying with all Commission rules with respect to site reclamation. 

(P)  FLOOD PLAIN REGULATIONS.  The well site and production site shall comply with the floodplain regulations of this Code. 

(Q)  ACCESS ROADS

     1.  All private roads used to access a well site or a production site shall be improved prior to the drilling of the well and maintained according to the following standards: 

(a)  Access roads to the production site shall be subject to review by the city engineer in accordance with city standards and specifications and the following minimum standards:  
      (i) A graded roadway having a prepared subgrade and an aggregate base course surface a minimum of six (6) inches thick compacted to a minimum density of 95 percent of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures approved by the Department of Community Development.  The aggregate material, at a minimum shall meet the requirements for Class 3, Aggregate Base Course as specified in the Colorado Department of Transportation's "Standard Specifications for Road and Bridge Construction," latest edition. 
      (ii) Graded so as to provide drainage from the roadway surface and constructed to allow for cross drainage of waterways (i.e., roadside swales, gulches, rivers, creeks, etc.) by means of an adequate culvert pipe.  Adequacy of the pipe shall be subject to approval of the Department of Community Development.
      (iii) Constructed so as to provide surface widths and clearances sufficient to accomodate City fire equipment.
      (iv) Maintained so as to provide a passable roadway generally free of ruts and of snow.
 (b)  Access roads to well sites shall be subject to review by the City Engineer in accordance with the following minimum standards:  
      (i) A graded, dirt roadway compacted to a minimum density of 95 percent of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures.
      (ii) Graded so as to provide drainage from the roadway surface and constructed to allow for cross drainage of waterways by means of an adequate culvert pipe.  Adequacy of the pipe shall be subject to approval of the Department of Community Development.  
      (iii) Constructed so as to provide surface widths and clearances sufficient to accommodate City fire equipment.
      (iv) Maintained so as to provide a passable roadway generally free of ruts and of snow. 

(R)  WILDLIFE IMPACT MITIGATION.  
      1.  When a well site or production site is located in a significant wildlife habitat, as defined by the Colorado Division of Wildlife, the applicant shall consult with the Division of Wildlife to obtain recommendations for appropriate site specific and cumulative impact mitigation procedures.  The operator or owner shall implement such procedures as recommended by the Division of Wildlife after consultation with the City.
      2.  The applicant shall not engage in activities which the Colorado Division of Wildlife determines threaten endangered species.

(S)  EMERGENCY RESPONSE COSTS:  The operator shall reimburse the City for any emergency response costs incurred by the City in connection with activity at the well site or production site, except that the operator shall not be required to pay for emergency response costs where the response was precipitated by the mistake of the City or a third party.

(T)  ENFORCEMENT:
     1.  Penalty.  Any person that violates any provision of this Chapter or a condition or requirement of an ODP approved pursuant to this Chapter shall be subject to the penalties set forth in section 1-8-1 of this Code. 
     2.  Civil Action.  In addition to other remedies provided by law, the City Attorney may institute an action for injunction or abatement, or other appropriate action or proceeding, to remedy a violation of this Chapter or a violation of a condition or requirement of an ODP approved pursuant to this Chapter.
    3.  False or Inaccurate Information.  The City may revoke approval of an ODP if it is determined at a public meeting, held after at least ten (10) days notice to the applicant, that the applicant provided information and/or documentation upon which approval was based, which the applicant, its agents, servants or employees, knew, or reasonably should have known, was false, misleading, deceptive, or inaccurate.

(U)  SEVERABILITY.  If any provision of this Chapter is found by a court of competent jurisdiction to be invalid, the remaining provisions of this Chapter will remain valid, it being the intent of the City that the provisions of this Chapter are severable.

11-4-15:  NONCONFORMING USES AND STRUCTURES:  (2534) 

(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 of 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 which 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 fifty per cent (50%) 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 non-conforming due to loss of required parking spaces, the structure may be restored pursuant to subsection (C) up to and including one hundred percent (100%) of the total replacements 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 one hundred percent (100%) 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.

11-4-16:  ADOPTION, IMPLEMENTATION AND COMPLIANCE WITH CITY'S COMPREHENSIVE LAND USE PLAN:  (2534)

(A)  The City Council finds that the City and its present and future residents will benefit from the adoption of a comprehensive land use planning document to guide future development of the City for the wise use of limited water supplies and other municipal services and the provision of a suitable mixture of land uses in the City's remaining undeveloped property.  The City Council further finds the City Charter, Section 4.16, authorizes planning for the use, division and development of land for the general purpose of protecting the public health, safety and welfare and further that the City is authorized by Part Two of Title 31, Chapter 23, C.R.S., to make, adopt, amend, extend, add to, or carry out a master plan for the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the municipality.

(B)  ADOPTION OF COMPREHENSIVE LAND USE PLAN.
      1.  A Comprehensive Land Use Plan for the City, and any amendments thereto, shall be referred to the Planning Commission for consideration, and a public hearing shall be scheduled.  Notice of the hearing shall be given at least ten (10) days prior to the hearing, such notice to state the date, place, and time of such hearing, and where copies of the proposed Plan may be reviewed prior to the hearing.  Notice shall be published once in the official newspaper of the City.
      2.  The Planning Commission may consider separate sections of the Plan at different hearings over a period of time, and such hearings may be continued from time to time to allow a thorough review by the Commission and the public. 
      3.  After review, the Planning Commission shall submit its written report and recommendation on the proposed Plan, or its individual sections, to the City Council.
      4.  Upon receipt of the report, the City Manager shall schedule a public hearing upon the Plan or its sections before the City Council.  Notice shall be given at least four (4) days prior to the hearing, in the same manner as required in subsections (B)1. and (B)2. above.  The Council may consider separate sections of the Plan at different hearings over a period of time, and such hearings may be continued from time to time to allow a thorough review by the Council and the public. 

      5.  After public hearing and consideration of the recommendations of the Planning Commission, the City Council may, by ordinance, adopt the proposed Plan or any of its sections, or the City Council may adopt sections of the Plan and reject others, or may send the Plan or any sections of it to the Planning Commission for further review and public comment.

(C)  COMPLIANCE WITH THE PLAN.
      1.  On and after the effective date of the ordinance adopting the Comprehensive Land Use Plan, or any section of it, it shall be unlawful for any person to use any parcel of land in any manner not in compliance with the adopted Plan or any of its sections.

a.  This subsection shall not apply to a use established prior to the effective date of the ordinance adopting the Plan or any of its sections.  "Established" prior to the effective date shall mean that structures or improvements necessary or customary for the use were complete and occupied or ready for occupancy prior to the effective date, or that the structures or improvements were substantially in construction under a valid and unexpired building permit prior to the effective date.
b.  Any property owner who wishes to change the established use of a parcel shall comply with the Plan at the time such use is changed or the property is substantially redeveloped. 

      2.  The Planning Manager of the Department of Community Development is authorized to determine whether the use of any parcel is, or is not, in compliance with the Plan.  The owner of an affected parcel may appeal the decision of the Planning Manager to the City Manager.  The City Manager or his designee shall conduct an informal meeting in which the Planning Manager and the owner may express their views.  The City Manager or his designee shall consult with the City Attorney's office prior to the informal meeting.  The City Manager shall decide the issue within a reasonable time and notify the owner in writing.

(D)  AMENDMENTS.
      1.  The City may, from time to time, initiate the amendment of the Comprehensive Land Use Plan in whole or in part.  Any proposed amendment shall be reviewed and adopted, after notice and public hearing, as required in section 11-4-16(B).  
      2.  The owner of a parcel may request the amendment of the Comprehensive Land Use Plan only as to the parcel owned by him/her.  Application for such an amendment shall be made to the Planning Manager who shall arrange for notice and public hearings before the Planning Commission and the City Council, such notice and hearings to be in compliance with section 11-4-16(B). 
      3.  The owner shall also determine the owners of record title of all property within three hundred (300) feet of the property for which an amendment is sought, and shall prepare notice of the proposed amendment to be mailed by first class mail to such owners at the address appearing in the records of the County Treasurer.  Such notices, together with addressed, stamped envelopes, a certified list of property owners to be notified, and a map identifying the location and address of the property within three hundred (300) feet shall be delivered to the City Clerk at least ten (10) days prior to the date of hearing.  On or prior to the date set for hearing, the City Clerk shall certify to the Department of Community Development that the required notices were sent.  The owner shall bear the cost of the notices to be mailed and of published notice.
      4.  The owner shall have the burden of proving that the requested amendment will be in the public good and in compliance with the overall purpose and intent of the Comprehensive Land Use Plan, and the Council shall so find before approving an amendment.  An opportunity for a more profitable use shall not, by itself, be grounds for an amendment.

(E) ENFORCEMENT.
      1.  Any violation of this Chapter is hereby declared to be a criminal violation of this Code.  Any person in violation of this Chapter shall be guilty of a misdemeanor, and on conviction thereof, shall be punished as set forth in Section 1 of Chapter 8 of Title I of this Code.
      2.  After the effective date of the Plan or any of its sections, any use, or construction for such use, other than an established use as defined in section 11-4-16(C), not in compliance with the adopted Plan or any of its sections, is hereby declared to be a public nuisance which may be abated pursuant to the procedures for public nuisances established elsewhere in this Code.

11-4-17:  TEMPORARY USES ON PRIVATE PROPERTY (1959 3017 3563)

(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 (2) 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.  The selling or giving away of used merchandise is not permitted as a temporary use.

(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 sixty (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 thirty (30) cumulative weeks or weekends per calendar year. 

(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.
(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 Development 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 is required.
(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;
(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:
(a) One (1) wall sign.  The wall sign shall be no larger than twenty (20) square feet, inclusive of frame.  The wall sign shall be securely attached to a structure used in conjunction with the temporary use or a primary building structure.  In no event shall a wall sign be attached to any structure in the public right-of-way.  If the wall sign is to be attached to the primary building, written permission from the owner of such building is required.
(b) Up to three (3) incidental signs, such as menu boards or hours of operation, securely affixed to a structure used in conjunction with the temporary use.  Each sign shall not exceed two (2) square feet.
(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.
(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 Development and referred to other departments as needed for review. 

(1) If the review determines that one or more of the conditions in (H) 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 (H) 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 insure 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 be obtain badges which 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 Municipal 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 Municipal 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 §6-3-5, Trespassing, W.M.C. 

 

  |