CHAPTER 11
UNIFIED DEVELOPMENT ORDINANCE

ARTICLE 3
USE REGULATIONS

Section 11-3-1. Purpose and Organization of this Article.

(a)

Purpose. The article identifies the land uses allowed in Northglenn's zoning districts and establishes standards that apply to certain uses with unique characteristics or impacts.

(b)

Organization.

(1)

Section 11-3-2, Table of Allowed Uses lists uses allowed by district and provides cross-references to applicable use-specific standards.

(2)

Section 11-3-3, Use-Specific Standards, establishes use-specific standards applicable to specific land uses.

(3)

Section 11-3-4, Accessory Uses and Structures, establishes standards applicable to accessory uses and structures.

(4)

Section 11-3-5, Temporary Uses and Structures, establishes standards applicable to temporary uses and structures.

(5)

Section 11-3-6, Oil and Gas Operations, establishes standards applicable to oil and gas operations.

[Source: Ord. 1766, 2019]

Section 11-3-2. Table of Allowed Uses. Table 3-2 A lists the uses allowed within all base zoning districts. Each listed use is defined in Article 7: Definitions and Rules of Construction.

(a)

Explanation of Table Abbreviations.

(b)

Table Organization. In Table 3-2 A, land uses are classified into general use categories and specific uses based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within each category. Certain uses may be listed in one category when they may reasonably have been listed in one or more other categories. The use categories are intended as an indexing tool and are not regulatory.

(c)

Classification of New and Unlisted Uses. The following procedure shall apply if an application is submitted for a use category or use type that is not specifically listed in Table 3-2 A. Submission and approval of such an application shall be required prior to approval of any other permit or development approval associated with the use.

(1)

Director Determination of Appropriate Use Category and Use Type. The Director shall determine the appropriate use category and use type for the proposed use. In making such determination, the Director shall consider the potential impacts of the proposed use including the nature of the use and whether it includes dwellings, sales, processing, or storage; and typical operations, employment characteristics, nuisances, requirements for public utilities, and transportation requirements.

(2)

Establish Use-Specific Standards if Necessary. When establishing a use category and specific use type, the Director shall also determine whether or not additional use-specific standards are necessary to reduce potential impacts to surrounding properties or the community.

(3)

Appeal of Director's Determination. Appeals of administrative decisions shall be made pursuant to the procedures in Subsection 11-6-7(d), Appeal.

(d)

Table of Allowed Uses.

[Source: Ord. 1766, 2019; 1782, 2019]

Section 11-3-3. Use-Specific Standards.

(a)

Generally.

(1)

Applicability. Use-specific standards in this section shall apply to all zoning districts unless otherwise stated.

(2)

Cross-References in Table of Allowed Uses. All uses with use-specific standards as indicated in the right-hand column of Table 3-2 A shall comply with the applicable standards in this section. All development shall also comply with the applicable standards in Article 4: Development Standards.

(3)

Resolution of Conflicting Standards. In case of a conflict between these use-specific standards and the standards in Article 4: Development Standards, these use-specific standards shall apply unless otherwise stated.

(4)

Restricted Land Use Measurements. For use-specific standards in this section that restrict certain land uses to distance requirements from residential zoning districts and/or residential land uses, measurement of that distance is illustrated in Figure 3.A below.

(b)

Performance Standards for All Uses.

(1)

Applicability. Unless exempted elsewhere in this UDO, the performance standards in this Subsection 11-3-3(b) shall apply to all uses in all zoning districts. All uses and development shall also comply with the nuisance regulations in Chapter 9 of the Northglenn Municipal Code.

(2)

Air Quality.

(A)

All operations and uses shall comply with federal, state, and county emissions standards.

(A)

Noncompliance with any of the applicable air pollution laws shall be justification for revocation of any permits issued by the City.

(3)

Odors. Uses and activities that produce continuous, regular, or frequent odors and/or emissions, detectable beyond the boundary of the property from which the odor originates, may be prohibited, in whole or in part, if the odor or emission in question is a known health risk or danger or if the Director judges such odor or emission to be harmful to the rights of others to enjoy their property.

(4)

Light and Glare. All uses shall comply with the standards in Section 11-4-9, Exterior Lighting.

(5)

Noise. No operation or use shall generate sound that exceeds 65 decibels at any point of any boundary line of the property.

(6)

Vibration. No operation or use shall at any time create ground vibration that is perceptible at any point on the property lines where the use is situated.

(7)

Hazardous and Combustible Materials.

(A)

General.

(i)

Any commercial or industrial use involving the storage, handling, or use of hazardous materials shall comply with the requirements as specified in the Building and Fire Code.

(ii)

Any substance designated as highly hazardous and requiring a state or federal permit shall only be allowed in the IN district, and shall require special use permit approval.

(iii)

The storage or disposal of any friable asbestos material is prohibited. For purposes of this prohibition, "storage" and "friable asbestos material" shall have the meanings assigned to them in Section 10-12-3 of this Municipal Code.

(B)

Combustibles and Explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the Fire Code and all other provisions of the Municipal Code and applicable state and federal laws.

(C)

Gases. The escape or emission of any gas that is noxious, injurious, or destructive is unlawful and shall be immediately eliminated and shall comply with the Municipal Code and all applicable state and federal regulations, including the federal Emergency Planning and Community Right to Know Act of 1986.

(8)

Evidence of Compliance. The Director shall require such evidence of ability to comply with appropriate performance standards and mitigation measures as deemed necessary prior to issuance of a building permit and certificate of occupancy.

(c)

Residential Uses.

(1)

Animals and Pets.

(A)

The raising or breeding of dogs, cats, domestic fowl or reptiles for commercial purposes is prohibited. The definitions of terms contained in Section 14-1-1 of the Municipal Code shall apply to the provisions of this section.

(B)

The keeping of ducks, geese and other poultry (excluding chickens), cattle, horses, mules, goats, sheep, pigs, hooved animals and other domestic or bovine animals, other than birds kept indoors as pets is prohibited. The keeping of dogs, cats, rabbits, chickens, bees and certain other pets is allowed and is governed by Chapter 14 of the municipal Code.

(2)

Dwelling, Live/Work.

(A)

Location. The residential component shall be located on upper stories or to the rear of nonresidential portions of the structure.

(B)

Ownership. The nonresidential use shall be owned and operated by a resident of the live/work dwelling.

(3)

Dwelling, Multifamily.

(A)

In the MN district, multifamily is only allowed as part of a vertically mixed-use building.

(B)

Ground floor dwelling units in the MC and MR districts shall not exceed more than 50 percent of the ground floor gross floor area.

(4)

Dwelling, Single-Family Attached.

(A)

Each individual dwelling unit shall have direct access to a right-of-way.

(B)

Units shall face a public street pursuant to 11-4-8(d)(2)(B).

(5)

Manufactured Home Park, HUD-Code. The following standards shall apply to manufactured homes located in manufactured home parks. Where these standards are inconsistent with those in the MH district, these standards shall apply.

(A)

Home Site and Building Standards.

(B)

Site Layout and Circulation.

(i)

Each park shall be so arranged that all manufactured home spaces and accessory structures face on an interior roadway or landscaped common area.

(ii)

Entrance and exit roadways shall be connected to a dedicated public right-of-way and shall not be less than 36 feet wide from flowline to flowline.

(iii)

All internal park roadways shall be hard-surfaced and shall be a minimum of 36 feet wide from flowline to flowline.

(C)

Fencing and Screening.

(i)

Each park shall be fenced with an eight foot tall fence and screened and/or planted on the side and rear property lines.

(ii)

For each park, the fencing shall be not less than 72 inches high unless otherwise prohibited by this UDO.

(iii)

Garbage and recycling receptacles shall be screened from public view.

(D)

Amenities. Each park shall provide the following:

(i)

A minimum of 10 percent of the land area of the park shall be reserved for recreational purposes separate from individual home sites.

(ii)

Storage space for boats, boat trailers, travel trailers, camping trailers, horse trailers, specialized trailers, truck campers, motor homes, all-terrain vehicles, motorcycles, motor carts, buses, detached campers, and mobile homes shall be provided in an amount equal to 100 square feet per individual home site in the park.

(iii)

A minimum of 10 percent of the land area of the park shall be dedicated to the City for public purposes.

(E)

Service Areas. Service, utility and recreational buildings and appurtenances, garbage and trash containers, racks and rack locations, rodent and insect control, and water and sewage standards must meet with the approval of the Tri-County District Health Department and the Colorado State Department of Health.

(6)

Group Home, FHAA.

(A)

State Licensing Procedures. Group homes, FHAA shall be subject to state licensing procedures.

(B)

Separation Requirements. No group home, FHAA shall be located within 750 feet of another group home, FHAA.

(C)

Registration.

(i)

Prior to establishing a group home, FHAA, the owner/operator of the home shall register with the Director on a form provided by the Director. Registration shall be effective for 12 months. Prior to expiration of such 12-month period, the owner/operator of the group home, FHAA shall apply for renewal. Renewal shall be granted by the Director if the group home, FHAA continues to be in compliance with the definition of group home, FHAA and state licensing requirements.

(ii)

It shall be unlawful to operate a group home, FHAA without first having registered as required in this subsection. It shall be unlawful to operate a group home, FHAA with an expired registration.

(7)

Group Home, Supportive Housing.

(A)

State Licensing Procedures. Group homes, supportive housing shall be subject to any applicable state licensing procedures.

(B)

Separation Requirements. No group home, supportive housing shall be located within 750 feet of another group home, supportive housing.

(C)

Application and Renewal.

(i)

Prior to the establishment of a group home, supportive housing, the owner/operator shall file an application with the Director on an application form provided by the Director. An application shall be granted if the Director finds the proposal complies with the following criteria:

(a)

Any proposed new structure or structural changes to an existing structure shall be consistent in architectural design and style with the character of the surrounding neighborhood;

(b)

No administrative activities of any private or public organization or agency other than those incidental to operation of the specific group home shall be conducted on the premises of the group home, supportive housing; and

(c)

The Director shall have the authority to impose reasonable conditions to the approval, which are found necessary to operate the group home, supporting housing in a manner compatible with the neighborhood to address the following:

(1)

The intensity of the use of land;

(2)

Any disproportionate impact on community facilities and services compared to that which is available to single family residential uses, such as, merely by way of example, commercial sized waste receptacles, more frequent waste disposal services;

(3)

Impacts on traffic such as in undue traffic congestion or traffic hazards, including frequent commercial deliveries or other frequent traffic impacts distinct from those impacts otherwise caused by single family residential uses;

(4)

Impacts of air, water or noise pollution;

(5)

Adequacy of landscaping, buffering and screening;

(6)

Assuring no disproportionate onsite or offsite parking congestion; and

(7)

Consistency with City health, safety and fire codes, including occupancy restrictions.

(ii)

If such application is approved by the Director, such approval shall be effective for 12 months. Prior to expiration of such 12-month period, the owner/operator of the group home, supportive housing shall apply for renewal. Renewal shall be granted by the Director if the group home, supportive housing continues to be in compliance with the definition of group home, supportive housing and any applicable state licensing requirements.

(iii)

It shall be unlawful to operate a group home, supportive housing without first obtaining approval of an application as required in this subsection. It shall be unlawful to operate a group home, supportive housing with an expired approval.

(D)

Changes to Group Homes, Supportive Housing. All changes to the application or conditions of approval shall be approved by the Director.

(d)

Public, Institutional, and Civic Uses.

(1)

Daycare. In the IN and PF districts, day care is only allowed as an accessory use to the primary business within the same structure. Such accessory use shall be limited to serving only those employees or owners of the business or businesses within the same structure.

(e)

Commercial Uses.

(1)

Commercial Uses, Generally. Commercial uses shall take place entirely within enclosed buildings and all merchandise, either for sale or display, shall be kept or stored entirely within completely enclosed structures, unless otherwise indicated.

(2)

Agriculture, General.

(A)

The keeping of farm animals shall be for noncommercial purposes strictly for the convenience and pleasure of the owner or occupant.

(B)

A minimum of one acre is required for the keeping of farm animals.

(C)

No more than three farm animals may be maintained on the first acre and up to one additional farm animal for each additional one-half acre.

(D)

Shelters or structures for housing or keeping farm animals shall be setback from the property line a minimum of 50 feet. This setback standard does not apply to unenclosed fenced areas such as corrals.

(E)

The keeping of all farm animals shall be subject to the regulation and conditions of the County Health Department and Animal Control Division.

(3)

Agriculture, Urban.

(A)

Generally. The keeping or raising of animals shall only be allowed as an accessory use on lots with an occupied dwelling unit, and are subject to the provisions set forth in Chapter 14 of the Municipal Code.

(B)

Chicken Coops.

(i)

Chicken coops shall not exceed 120 square feet and shall provide a minimum of four square feet per bird.

(ii)

Chicken coops shall not exceed six feet in height.

(iii)

Chicken coops shall be located a minimum of five feet from any property line, a minimum of 20 feet from a primary structure on an adjacent property, and shall be located in the rear yard.

(4)

Kennel, Commercial.

(A)

Location. No commercial kennel shall be located adjacent to any property used or zoned as residential.

(B)

Enclosed Building Requirement. Areas where animals are boarded shall be fully enclosed, with solid core doors and no operable windows, and shall be sufficiently insulated so no unreasonable noise or odor can be detected off premises.

(C)

Kennels with Outdoor Facilities.

(i)

No exterior overnight boarding shall be allowed.

(ii)

Outdoor facilities, including outdoor runs, shall not be located within 150 feet of any adjacent property.

(5)

Stable, Commercial.

(A)

A minimum of one acre is required for the maintenance of animals.

(B)

No more than three animals may be maintained on the first acre and up to one additional animal for each additional one-half acre.

(C)

The keeping of all animals shall be subject to the regulation and conditions of the County Health Department and Animal Control Division.

(D)

Shelters or structures for housing or keeping farm animals shall be setback from the property line a minimum of 150 feet. This setback standard does not apply to unenclosed fenced areas such as corrals.

(6)

Veterinary Hospital or Clinic. A veterinary hospital or clinic shall comply with the same requirements for a commercial kennel in Subsection 11-3-3(e)(4). The following additional standards shall apply:

(A)

MN Zoning District. Outdoor kennel facilities are prohibited.

(B)

MC and MR Zoning Districts.

(i)

Outdoor kennel facilities require a special use permit.

(ii)

Kennels and/or boarding areas are limited to 50 percent of the gross floor area.

(7)

Bar, Tavern, or Lounge. Bars, taverns, or lounges shall not be located closer than 150 feet as measured from any exterior wall from any residential use or residential zoning district. This standard does not apply to residential uses within a mixed-use zoning district. (See Figure 3.A.)

(8)

Microbrewery, Distillery, or Winery.

(A)

The storage of raw and/or spent materials shall be kept in a fully enclosed structure, building, or container.

(B)

In the MN district, wholesale sales and bulk shipping of products produced on-site is prohibited.

(C)

Microbreweries, distilleries, or wineries shall not be located closer than 150 feet as measured from any exterior wall from any residential use or residential zoning district. This standard does not apply to residential uses within a mixed-use zoning district. (See Figure 3.A.)

(9)

Restaurant. In the MN district, restaurant uses shall not exceed 2,500 square feet.

(10)

Administrative, Professional, and Government Office. In the MN district, offices shall not exceed 5,000 square feet.

(11)

Financial Institution. In the MN district, financial institutions are only allowed as part of a mixed-use building.

(12)

Laundry Facility, Self-Service.

(A)

In the RM-1 and RM-2 districts, self-service laundry facilities shall only be allowed as an accessory use within a multifamily complex and shall only be designed and intended to serve residents of such multifamily building.

(B)

In the MH district, self-service laundry facilities shall only be allowed as an accessory use and shall only be designed and intended to serve residents of a manufactured home park.

(C)

In the MN district, self-service laundry facilities shall only be allowed within a mixed-use building and shall not exceed 5,000 square feet.

(13)

Personal Services, General. In the MN district:

(A)

Personal service uses shall not exceed 5,000 square feet unless part of a mixed-use building.

(B)

Drive-through facilities are prohibited.

(14)

Building Materials and Supply Store

(A)

MN District

(i)

Building materials and supply stores shall not exceed 5,000 square feet.

(ii)

Outdoor storage shall not be permitted.

(B)

MC District

(i)

Building materials and supply stores shall not exceed 10,000 square feet.

(ii)

Outdoor storage shall not be permitted.

(C)

MR District

(i)

All merchandise, equipment, and supplies shall be kept within enclosed buildings or a fully screened enclosure.

(ii)

Outdoor storage shall not be permitted within 150 feet of any residential use or zoning district. (See Figure 3.A.)

(15)

General Retail, Less than 10,000 Square Feet. In the MN district:

(A)

General retail uses shall not exceed 5,000 square feet unless part of a mixed-use building.

(B)

Drive-through facilities are prohibited.

(16)

Marijuana Establishment, Medical. Medical marijuana establishments shall comply with the licensing requirements in Article 18-14.

(17)

Marijuana Establishment, Retail. Retail marijuana establishments shall comply with the licensing requirements in Article 18-16.

(18)

Nursery or Garden Supply Store. In the MR district, all merchandise, equipment, and supplies other than plants shall be kept within enclosed buildings or a fully screened enclosure.

(19)

Bed and Breakfast

(A)

Location and Compatibility.

(i)

Bed and breakfasts shall only be allowed in a building of residential character. Any modifications made to the building to accommodate the bed and breakfast use shall be compatible with the architectural character of the structure and with the character of the neighborhood.

(ii)

Bed and breakfasts shall not be allowed in any dwelling unit(s) allowed as an accessory dwelling unit.

(B)

Number of Bedrooms. The total number of bedrooms, including the bedrooms occupied by permanent residents of the building, shall not exceed five.

(C)

Operation.

(i)

The structure shall be owner-occupied or shall be occupied by a resident manager.

(ii)

Guest stays shall be limited to a maximum of 30 days.

(iii)

Any kitchen and dining facilities shall not be operated in the manner of a commercial restaurant and shall serve only residents and guests. No cooking facilities such as stoves, hot plates, or microwave ovens are allowed in the guest rooms.

(20)

Short-Term Rental.

(A)

A city-issued license shall be obtained, and all applicable taxes and fees shall be paid, prior to operating a short-term rental.

(B)

Accessory dwelling units shall not be used as short-term rentals.

(C)

Mobile homes, RVs, or travel trailers shall not be used as short-term rentals.

(D)

Occupancy of a short-term rental by a paying guest shall not exceed 30 days.

(21)

Automotive Fuel Sales.

(A)

Fuel pumps shall be set back from front property lines a minimum of 40 feet and 15 feet from all other property lines.

(B)

Open storage of wrecked or inoperable cars, discarded tires, auto parts, or similar materials shall be prohibited.

(22)

Automotive Repair, Major.

(A)

All repairs, services, and storage shall be conducted within an entirely enclosed structure. Automotive repair facilities within 150 feet of a residential zoning district shall be required to conduct all repairs with bay doors closed. (See Figure 3.A.)

(B)

Outdoor storage of wrecked or inoperable cars, discarded tires, auto parts, or similar materials shall be prohibited.

(C)

Sales of vehicles shall be prohibited.

(23)

Automotive Repair, Minor.

(A)

Automotive repair facilities within 150 feet of a residential zoning district shall be required to conduct all repairs with bay doors closed. (See Figure 3.A.)

(B)

Storage of vehicles on the premises shall not exceed 30 days.

(C)

Storage of equipment, auto parts, and supplies used in servicing vehicles shall be maintained entirely within an enclosed structure.

(D)

Outdoor storage of wrecked or inoperable cars, discarded tires, auto parts, or similar materials shall be prohibited.

(E)

Sales of vehicles shall be prohibited.

(24)

Automotive Sales and Leasing. In the MR district:

(A)

Individual automotive sales and leasing establishments shall not exceed 10,000 square feet.

(B)

Automotive sales and leasing shall only be allowed within indoor showrooms.

(C)

Outdoor storage, including outdoor storage of vehicles, shall be prohibited.

(25)

Equipment and Machinery Sales and Rental.

(A)

Maintenance of equipment shall be conducted entirely within an enclosed building.

(B)

Unenclosed storage of inoperable or wrecked equipment or materials shall be prohibited.

(C)

All other unenclosed stored equipment shall be screened from public view from all rights-of-way, residential zoning districts, and residential uses.

(26)

Parking Facility. In the MC and MR districts, parking facilities as a primary use shall only be permitted in structures. Surface parking facilities as a primary use shall be prohibited.

(27)

Sexually Oriented Business.

(A)

Location of Sexually Oriented Businesses.

(i)

It shall be unlawful for any person to operate or causes to be operated a sexually oriented business within 1,500 feet of:

(a)

Any building or site used for religious assembly;

(b)

Any public or private school;

(c)

Any vocational or trade school;

(d)

The boundary of any residential zoning district;

(e)

Any dwelling unit;

(f)

Any publicly owned park or open space adjacent to a residential zoning district; or

(g)

Another sexually oriented business.

(ii)

It shall be unlawful for any person to cause or permit the operation, establishment, or maintenance of more than one sexually oriented business within the same building, structure, or portion of the same building or structure.

(iii)

If two or more sexually oriented businesses are within 1,500 feet of one another and otherwise in a permissible location, the sexually oriented business that was first established and continually operating at the particular location shall be deemed to be in compliance with this Article and the later established business(es) shall be deemed to be in violation of this Article.

(iv)

A sexually oriented business lawfully operating is not rendered in violation of this Article by the subsequent location of a use listed in 11-3-3(e)(27)(A)(i) within 1,500 feet of the sexually oriented business.

(B)

Measuring Distance.

(i)

The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.

(ii)

The distance between any sexually oriented business and those uses listed in 11-3-3(e)(27)(A)(i) shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of the building where the sexually oriented business is conducted, to the property line of the constrained use listed in paragraph 11-3-3(e)(27)(A)(i).

(C)

Operations Pre-Existing to This UDO. Any sexually oriented business lawfully operating on the effective date of this UDO that is in violation of this UDO shall be deemed a nonconforming use as provided for in Subsection 11-1-5(c).

(D)

Nude Model Exceptions. The provisions of this Article regulating nude model studios do not apply to:

(i)

A college, junior college, or university supported entirely or partly by taxation; or

(ii)

A private college or university which maintains and operates, educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(iii)

A business located in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and where, in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than three nude models are on the premises at any one time.

(f)

Industrial Uses.

(1)

Food Processing.

(A)

If proposed use is within 150 feet of a residential zoning district and the floor area is greater than 5,000 square feet, then approval of a special use permit shall be required pursuant to Subsection 11-6-5(b). (See Figure 3.A.)

(B)

Retail sales associated with this use are allowed.

(2)

Manufacturing, Artisan. In the MN, MC, and MR zoning districts:

(A)

Artisan manufacturing uses shall be limited to 5,000 square feet of shop floor area.

(B)

If within 150 feet from a residential zoning district or residential use, then artisan manufacturing uses shall require approval of a special use permit pursuant to Subsection 11-6-5(b). (See Figure 3.A.)

(C)

All activities shall occur entirely within an enclosed structure.

(3)

Manufacturing, Light.

(A)

If within 150 feet from a residential zoning district or residential use, then light manufacturing uses shall require approval of a special use permit pursuant to Subsection 11-6-5(b). (See Figure 3.A.)

(B)

In the CG and CA districts, all activities shall occur entirely within an enclosed structure.

(4)

Mining and Extraction.

(A)

Application.

(i)

When an application for this special use is filed, the applicant shall provide a plan showing the land which will be excavated and a plan providing for rehabilitation of the excavated area. These plans, which shall be prepared by an engineer registered in the State of Colorado, shall show the contours of the land on at least five-foot contour intervals and any improvements on such land and to a distance of 300 feet in all directions from the subject property.

(ii)

Rock crushers, mineral processing plants, and concrete and asphalt mixing plants may be allowed. However, the Commission may set out additional conditions under which these operations may be allowed, and these conditions may vary by location because of abutting land and other factors.

(B)

Operation.

(i)

No excavation or processing shall be allowed nearer than 10 feet to the boundary of any adjacent property, easement, or irrigation ditch or right-of-way or nearer than 125 feet to any existing residence unless the owner or owners of such adjacent property consent in writing to a lesser distance and the Commission approves such lesser distance. The Commission may set a greater distance.

(ii)

The operator of such use shall maintain haulage roads within the premises covered by the permit in a reasonable dust-free condition. The Commission shall specify the conditions in each instance to effect this requirement.

(iii)

The hours of operation, unless otherwise specified, shall be from 6:00 a.m. to 10:00 p.m., unless a national emergency arises or special permission is granted by the Commission.

(iv)

All excavations shall be conducted in such a manner as to provide a water-bearing stratum for any existing ground water unless the rehabilitation plan provides for a permanent lake.

(v)

In no event shall a slope of less than two feet horizontal to one foot vertical be left when operations are completed.

(vi)

In all pits, whether known as dry pits or wet pits, the floor of the pit shall be graded in a reasonably smooth condition so that excavated areas will not collect or permit stagnant water to remain therein; however, where the rehabilitation plan for the subject property, as approved by the Commission, provides for a permanent lake, this requirement shall not apply.

(vii)

Prior to starting excavation, the operator shall fence the gravel pit operation in accordance with the requirements set forth in Article 34. The operator shall have the following alternatives:

(a)

To fence the entire area covered by the permit immediately; or

(b)

To fence the area to be excavated initially and move the fencing back as operations continue. The excavated area shall remain fenced unless removal of all or any part of such fence is authorized by the Commission; or

(c)

To fence as may be required by the Commission in special circumstances.

(C)

Permit Requirements.

(i)

Permit Fee. An annual permit fee of $300 shall be paid.

(ii)

Insurance. The operator shall furnish evidence that he is insured to the extent of not less than $100,000 against liability for any negligent act or omission by the operator from the operation or maintenance of the extraction and production and all activities connected with or incidental to such extraction and production.

(iii)

Bond. The operator shall post a bond in the form prescribed by the Commission in a sum equal to the number of acres covered by the permit multiplied by $500 to insure full compliance with all of the terms and conditions of the permit and the regulations of the Commission pertaining to the extraction and/or processing. The minimum amount of such bond shall be $2,500 and the maximum amount $25,000.

(iv)

Time of Permit. All permits shall be in full force for a period of five years from date of issuance unless a shorter time is set by the Commission.

(D)

Rehabilitation. The parties to the permit for extraction are responsible for the eventual rehabilitation of the worked-out area in accordance with the rehabilitation plan.

(i)

Dry Pit Rehabilitation. After excavation has been completed in a dry pit, the operator shall spread evenly over the bottom of the excavation the excess waste materials. He shall then spread evenly the topsoil to a minimum depth of 18 inches unless he produces clear and convincing evidence that the land excavated has less than 18 inches of topsoil prior to commencement of operations. The topsoil shall be spread so as to produce a new surface for the purpose of growing crops, trees, shrubs, and other flora. The dry pit may be backfilled with clean fill. For excavations backfilled and rehabilitated, the following requirements shall be met:

(a)

The graded or backfilled area shall not permit stagnant water to collect or remain therein.

(b)

The condition of the area after rehabilitation shall be in accordance with the rehabilitation plan.

(ii)

Wet Pit Rehabilitation. A wet pit may be filled in accordance with the conditions set forth for dry pit rehabilitation, or may be converted into a lake for recreational or scenic purposes. The following conditions apply to rehabilitation of set pits into lakes:

(a)

All banks shall be sloped to the water line at a slope which shall not be steeper than two feet horizontal to one foot vertical.

(b)

All banks shall be stabilized unless otherwise called for on the approved rehabilitation plan.

(c)

Stabilization shall be accomplished by surfacing with soil of a quality at least equal to the topsoil of land areas immediately surrounding.

(d)

Such topsoil shall be planted with trees, shrubs, legumes, or grasses on the parts of such area where re-vegetation is possible unless otherwise specified in the rehabilitation plan.

(5)

Contractor Office or Showroom.

(A)

In the CG district, no outdoor storage shall be allowed.

(B)

In the CA and IN districts, outdoor storage shall require a special use permit.

(6)

Outdoor Storage.

(A)

No outdoor storage shall be located in front of a primary building unless allowed elsewhere in this UDO.

(B)

Materials shall not be stored in areas intended for vehicular or pedestrian circulation.

(C)

Outdoor storage shall be screened from public view pursuant to screening standards in Subsection 11-4-7(l).

(D)

Materials stored outside shall not protrude above the height of the fence or screen.

(7)

Self-Service Storage.

(A)

Layout and Design.

(i)

Doors to individual storage units shall not be directly accessible from any street frontage.

(ii)

Individual storage units shall face the interior of the site. This does not apply to storage units within an enclosed structure.

(B)

Operation and Activities.

(i)

No other residential or nonresidential activities shall take place on the premises other than the rental of storage units, unless otherwise allowed by this UDO.

(ii)

The incidental retail sale of products associated with the business (e.g., boxes, moving supplies, locks, bubble wrap) is allowed.

(g)

Public and Semi-Public Utility Uses.

(1)

Public Utility, Major and Minor.

(A)

Buildings and structures associated with utility uses shall comply with the minimum required setbacks of the underlying zoning district, unless otherwise exempted in this UDO.

(B)

All public utility facilities shall comply with the screening requirements established in Section 11-4-7(l), unless otherwise exempted in this UDO.

(2)

Water Storage Facility. In the OS district, water reservoirs, storage tanks, transmission, diversion, and pumping stations, and sewage facilities shall be constructed underground and/or developed as multiple use facilities which include recreational usage.

(3)

Wireless Service Facilities.

(A)

Purpose. The purposes of this section is to allow the location of wireless service facilities ("WSF") in the City while protecting the public health, safety, and general welfare of the community; to act on applications for the location of WSFs within a reasonable period of time; to encourage co-location of WSFs; and to prevent unreasonable discrimination among providers of functionally equivalent services.

(B)

Definitions.

(i)

"Accessory equipment for a WSF" means equipment, including buildings and structures, used to protect and enable radio switching equipment, backup power and other devices incidental to a WSFs, but not including antennas.

(ii)

"Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used to provide wireless service.

(iii)

"Base station" means a structure or equipment, other than a tower, at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term includes any equipment associated with wireless communications services, including radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks). The term includes any structure, other than a tower, to which any of the equipment described hereof is attached.

(iv)

"Building roof-mounted WSFs" means a WSF that is mounted and supported entirely on the roof of a legally existing building or structure.

(v)

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

(vi)

"Equipment storage shelter" means buildings, storage shelters, and cabinets used to house WSF equipment.

(vii)

"Freestanding WSF" means a WSF that consists of a stand-alone support structure such as a tower or monopole, and antennas and accessory equipment.

(viii)

"Microwave antenna" means a disk-type antenna used to link communication sites together by wireless voice or data transmission.

(ix)

"Micro Wireless Facility" means a WSF that is no larger in dimensions than 24 inches in length, 15 inches in width, and 12 inches in height and that have an exterior antenna, if any, that is no more than 11 inches in length.

(x)

"Public right-of-way" means all roads, streets and alleys and all other dedicated rights-of-way, access and utility easements of the City, the state, or any district, utility or roadway.

(xi)

"Small cell facility" means either a personal wireless service facility as defined by the federal Telecommunications Act of 1996, or a WSF where:

(a)

Each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and

(b)

Primary equipment enclosures are no larger than 17 cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: Electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

A small cell facility includes a micro wireless facility.

(xii)

"Small cell network" means a collection of interrelated small cell facilities designed to deliver wireless service.

(xiii)

"Substantial change" means a modification to an existing tower or base station under the following circumstances:

(a)

A substantial change in the height of an existing tower or base station occurs as follows:

(1)

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

(2)

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

(b)

Changes in height are measured as follows:

(1)

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

(2)

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

(c)

A substantial change in the width of an existing tower or base station occurs as follows:

(1)

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

(2)

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

(d)

A substantial change also occurs for an existing tower in a public right-of-way or an existing base station as follows:

(1)

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

(2)

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

(e)

A substantial change also occurs for any existing tower or base station when any of the following are found:

(1)

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

(2)

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

(3)

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

(4)

When the change does not comply with conditions associated with the original siting approval of the construction or modification of the tower, base station or base station equipment. This limitation does not apply if the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in subsections (1) through (5)(b), hereof.

(xiv)

"Tower" means a structure built for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

(xv)

"Whip antenna" means an array of antennas that is cylindrical in shape.

(xvi)

"Wireless service" means data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as all of these terms are defined by federal law and regulations.

(xvii)

"Wireless service facility" or "WSF" means a facility for the provision of wireless services, including a small cell facility; except that "wireless service facility" does not include coaxial or fiber-optic cable that is not immediately adjacent to, or directly associated with, a particular antenna.

(C)

Standards for all WSFs.

(i)

Applicability. The standards contained in this Article apply to all applications for WSFs in the City. The applicant shall demonstrate in writing that its proposed WSF meets all applicable standards of this Article and any other required provisions of the Code.

(ii)

Co-Location. The City strongly encourages co-location of WSFs when feasible and in compliance with current standards and regulations of the FCC and any other Federal Government with the authority to regulate WSFs to minimize the number of WSF sites. To further the goal of co-location:

(a)

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

(b)

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

(c)

A maximum of two (2) visible panel antenna arrays are permitted per facility or location. However, visible whip antennas may be maintained as an additional third and fourth co-locator.

(iii)

Consent. Consent given to a telecommunications provider or broadband provider to erect or construct any poles, or to locate or co-locate communications and WSF on vertical structures in a right-of-way, does not extend to the co-location of new facilities or to the erection or construction of new poles in a right-of-way not specifically referenced in the grant of consent.

(iv)

Permitted Zoning Districts. WSFs shall be considered a permitted use in all zoning districts subject to administrative review as provided in this Article.

(v)

Compliance with FCC Standards. All WSFs shall meet the current standards and regulations of the FCC and any other agency of the federal government with the authority to regulate WSFs. Upon a request by the City at any time, WSF owners and operators shall verify that:

(a)

The WSF complies with the current FCC regulations prohibiting localized interference with reception of television and radio broadcasts; and

(b)

The WSF complies with the current FCC standards for cumulative field measurements of radio frequency power densities and electromagnetic fields.

(c)

By adopting this Section, the City is not attempting to regulate radio frequency power densities or electromagnetic fields, which are controlled by the FCC.

(vi)

Abandonment. If the WSF ceases operation for any reason for 180 consecutive days:

(a)

The owner or operator shall remove the WSF; and

(b)

Any permit issued for operation of a WSF shall expire.

(vii)

Height Limit. Notwithstanding any other height limitations in this Article, in no case shall a WSF located on property owned by the City or in any public right-of-way exceed 40 feet in height.

(viii)

Compatibility. All WSFs and related accessory equipment shall, to the maximum extent possible, use camouflage/concealment design techniques, including, but not limited to, the use of materials, colors, textures, screening, undergrounding, landscaping, or other design options that will blend the WSF to the surrounding natural setting and built environment.

(D)

Freestanding WSFs.

(i)

Removal of Abandoned WSFs. The owner of real property on which a freestanding WSF is located shall be responsible for removal of the WSF if the facility is abandoned, or unused for a period of more than 180 days.

(ii)

Minimum Setbacks. A freestanding WSF shall meet the minimum setback requirements for buildings and structures of the underlying zone district. If the freestanding WSF is located on the same property as a residence, the WSF shall also be setback from the residence by one foot of distance for each foot of height of the WSF.

(iii)

Maximum Height. A freestanding WSF, including antennas, shall not exceed the maximum structure height limit in the zone district in which the facility is located. In no case shall a freestanding WSF exceed 60 feet in height.

(iv)

Design Standards. A freestanding WSF shall meet the following design standards to minimize impacts:

(a)

The facility shall be designed to be compatible with surrounding buildings and structures and existing or planned uses in the area.

(b)

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

(c)

Existing vegetation shall be preserved or enhanced.

(d)

The total area of any equipment storage shelters shall not exceed 400 square feet for each WSF.

(e)

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

(f)

No equipment storage shelter shall exceed 15 feet in height.

(g)

All freestanding WSFs shall accommodate co-location of facilities, unless co-location is technically unfeasible as set forth in 11-3-3(g)(3)(C)(ii).

(h)

All applicable landscape regulations shall be observed. A landscape plan prepared by a professional landscape architect may be required to demonstrate that such landscape appropriately shields the base and security fencing from view if the base of the facility is otherwise visible from adjacent rights-of-way.

(i)

Any equipment that could be dangerous to persons or wildlife shall be adequately covered or fenced.

(E)

Building Roof or Wall-Mounted WSFs.

(i)

A building wall-mounted WSF shall adhere to the following design standards to minimize impacts:

(a)

The facility shall be screened from view and/or colored to match the building or structure to which it is attached.

(b)

The mounting of antennas shall be as flush to the building wall as possible, and in no case shall the antennas extend more than three feet out from the building wall.

(c)

The facility shall not extend above the highest point of the roof of the building.

(ii)

A building roof-mounted WSF shall adhere to the following design standards to minimize impacts:

(a)

Building roof-mounted WSFs shall be located so as to be of minimal visibility, such as being incorporated within an architectural feature such as a steeple or parapet or any architectural addition to a building or structure which is architecturally compatible with the building.

(b)

A building roof-mounted WSF, including antennas, shall not exceed the maximum structure height limit in the zone district in which the facility is located and shall not extend more than 12 feet above the height of the building on which the facility is mounted.

(c)

The facility shall be screened from view and/or colored to match the building or structure to which it is attached.

(d)

The diameter of a microwave dish antenna shall not exceed four feet.

(iii)

Accessory equipment for a building roof or wall-mounted WSF shall be placed inside the building if feasible. All equipment storage shelters shall be grouped as closely as technically possible, and the total area of all accessory equipment, including storage shelters, shall not exceed 400 square feet per WSF.

(F)

Small Cell Facilities.

(i)

Generally. A telecommunications provider or broadband provider may locate or co-locate small cell facilities or small cell networks on light poles, light standards, traffic signals, or utility poles in the right-of-way owned by the City, subject to the following:

(a)

A small cell facility or a small cell network shall not be located or mounted on an apparatus, pole, or signal with tolling collection or enforcement equipment attached.

(b)

The construction, installation, operation and maintenance of a small cell facility must comply with applicable federal and state law and the provisions of this Article. If upon inspection, the City concludes that a wireless service facility fails to comply with such laws and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the small cell facility, the owner shall have 30 days from the date of the notice to bring such facility into compliance. Upon good cause shown by the owner, the City may extend such compliance period not to exceed 90 days from the date of said notice. If the owner fails to bring such facility into compliance within said time period, the City may remove such facility at owner's expense or prohibit future, noncompliant use of the light pole, light standard, traffic signal or utility.

(ii)

Micro Wireless Facilities. No application or permit shall be required for the installation, placement, operation, maintenance, or replacement of micro wireless facilities that are suspended on cable operator-owned cables or lines that are strung between existing utility poles in compliance with the national safety code. The City may require a permit for installation, placement, operation, maintenance, or replacement of micro wireless facilities where the installation, placement, operation, maintenance, or replacement of micro wireless facilities does any of the following, upon determination of the City:

(a)

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

(b)

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

(c)

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

(d)

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

(G)

Application and Approval Procedures.

(i)

Submittal Requirements. An application for approval of a proposed WSF shall include all information regularly required for other development applications, in addition to the following:

(a)

A written, narrative statement describing in detail, how the proposed WSF will comply with each of the applicable design standards set forth in this Article.

(b)

If requested by the City, photographic simulations showing the proposed facility and, if applicable, the structure on which it will be attached.

(ii)

Consolidated Applications for Small Cell Facilities. A telecommunications provider or broadband provider may file a consolidated application to receive a single permit for small cell networks involving multiple individual small cell facilities within the City. However, each small cell facility within the consolidated application individually remains subject to review for compliance with the requirements provided in this section.

(iii)

Incomplete Applications.

(a)

When an application is incomplete, the City shall provide written notice to the applicant within 30 days, specifically identifying all missing documents or information.

(b)

If an application remains incomplete after a supplemental submission, the City shall notify the applicant within 10 days. Second or subsequent notices of incompleteness may not require the production of documents or information that were not requested in the original notice of incompleteness.

(iv)

Expedited Review.

(a)

An eligible WSF application, including an application for location or co-location of a small cell facility or small cell network or replacement or modification of a small cell facility or facilities or small cell network request shall be approved or denied by the City within 60 days of the date of the City's receipt of the completed application. This time period may be tolled only by mutual agreement or when an application is incomplete.

(b)

If the City fails to approve or deny an eligible WSF request within the 60 days of the date of the City's receipt of the completed application (accounting for any tolling), the request shall be deemed granted; provided that this automatic approval shall become effective only upon the City's receipt of written notification from the applicant after the review period has expired (accounting for any tolling) indicating that the application has been deemed granted.

(v)

Review.

(a)

Review Criteria. Criteria for approval or denial of application. In considering an application for location or co-location of a WSF, the City shall base the decision as to the approval or denial of the application on whether the proposed WSF meets the applicable design standards as outlined in this section.

(b)

Approval.

(1)

The City shall approve an eligible telecommunications request that does not substantially change the physical dimensions of a tower or base station.

(2)

The City may approve an eligible telecommunications request that substantially changes the physical dimensions of a tower or base station if it complies with the remainder of this Code.

(3)

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

(c)

Denial. A final decision by the City to deny any application under this Article shall be in writing and supported by substantial evidence contained in a written record.

[Source: Ord. 1766, 2019; 1782, 2019]

Section 11-3-4. Accessory Uses and Structures.

(a)

Purpose. The purpose of this section is to establish minimum standards for accessory uses and structures that are incidental and subordinate to a primary use. These standards are intended to minimize adverse impacts on surrounding properties and the community.

(b)

Accessory Uses and Structures Allowed.

(1)

All primary uses allowed in a zoning district pursuant to Table 3-2 A shall be deemed to include those accessory uses, structures, and activities typically associated with that use, unless specifically prohibited in this section. Typical accessory uses are identified in definitions of uses.

(2)

Accessory uses and structures not listed in the table require approval under the procedure in Subsection 11-3-2(c), Classification of New and Unlisted Uses. All accessory uses and structures are subject to the standards in this Section 11-3-4, Accessory Uses and Structures, in addition to any applicable requirements in Section 11-3-3, Use-Specific Standards.

(c)

General Standards for All Accessory Uses and Structures.

(1)

General Standards.

(A)

An accessory use or structure is customarily incidental and secondary to the primary use of a parcel of land or of a building located on the same parcel of land, where said accessory use is operated and maintained under the same ownership and on the same lot as the primary use, and does not include structural features inconsistent with the primary use.

(B)

Accessory uses and structures, including facilities and equipment, are allowed in conjunction with any primary use or structure, provided the accessory use is compatible with the primary use and does not alter the character of the premises. Any reference to an allowed use shall include the accessory use.

(C)

Accessory structures 200 square feet or greater in size shall obtain a building permit pursuant to Chapter 10 of the Northglenn Municipal Code.

(2)

Accessory Structures.

(A)

Size.

(i)

The combined square footage of accessory structure(s) shall not exceed 30 percent of the rear yard.

(ii)

Accessory structures in a mixed-use or nonresidential district shall not exceed the height of the primary structure.

(B)

Location.

(i)

Accessory structures, with the exception of the uses listed below, are prohibited in front yards.

(a)

Non-residential detached carports, gas station canopies, gas station car wash facilities, and security/entry booths.

(b)

Curbside mailboxes consistent with USPS size and construction standards, unless otherwise approved by the director.

(c)

Book exchange kiosks or similar subject to a maximum height of six feet and a maximum front façade area of six square feet.

(ii)

Accessory structures shall comply with 11-2-19(c)(5).

(iii)

There shall be no rear yard setback requirement for detached accessory structures, provided that no portion of an accessory structure may be located in, or encroach upon, any easement.

(C)

Design.

(i)

Except for properties in the IN, PF, and AG districts, all accessory structures that require a building permit shall comply with the applicable exterior finish materials standards pursuant to 11-4-8(d), Residential Site and Building Design Standards and 11-4-8(e), Mixed-Use and Nonresidential Site and Building Design.

(ii)

No manufactured home, trailer, travel trailer, camping trailer, truck camper, or motor vehicle shall be attached or connected in any manner to an existing building or structure.

(iii)

Fabric, membrane, or cloth structures intended to be erected for more than 30 days in a calendar year shall not be allowed for the purpose of covered storage of vehicles, recreational vehicles, boats, equipment, or other outdoor storage.

(D)

Timing. Accessory uses or structures are not allowed until the primary use or structure is established.

(d)

Additional Standards for Specific Accessory Uses and Structures.

(1)

Accessory Dwelling Unit. Accessory dwelling units ("ADUs") shall be allowed as indicated in Table 3-2 A and shall comply with the following standards:

(A)

Generally.

(i)

Only one ADU shall be allowed per property.

(ii)

ADUs shall not be used as short-term rentals.

(iii)

ADUs for multifamily dwellings or live/work units are prohibited.

(iv)

No manufactured home, trailer, travel trailer, camping trailer, truck camper, or motor vehicle shall be used as an ADU.

(B)

Ownership Requirements.

(i)

The owner of the property on which the ADU is located shall be required to reside in either the primary dwelling unit or in the ADU.

(ii)

Ownership of the ADU may not be legally severed from ownership of the associated lot and any other structures on such lot.

(C)

Size.

(i)

ADUs shall not exceed 750 square feet, however, ADUs located in the basement of an existing single-family unit may exceed 750 square feet if entirely contained within the building footprint of the primary structure.

(ii)

The height of an ADU shall not exceed the height of the primary dwelling unit on the lot.

(D)

Location and Design.

(i)

ADUs shall be allowed as both attached and detached structures.

(ii)

ADUs shall have a separate exterior entrance from the primary dwelling unit and shall contain cooking, sleeping, and sanitary facilities.

(iii)

ADUs shall not have more than one bedroom.

(E)

Public Services and Utilities.

(i)

Separate water or sewer service for the ADU shall not be allowed.

(ii)

Separate metering of other utilities is allowed.

(2)

Caretaker Dwelling Unit. The living area of caretaker dwelling unit shall not exceed 750 square feet.

(3)

Drive-Through Facility. Drive-through facilities shall comply with the standards in Subsection 11-4-6(i), Drive-Through Facilities.

(4)

Home Occupation.

(A)

Generally.

(i)

A home occupation shall be allowed only when it is an accessory use to a residential dwelling unit.

(ii)

Home occupation does not include a family of unrelated persons with disabilities residing in group quarters licensed by the State of Colorado, including staff persons, as defined by this UDO.

(iii)

Home occupations shall be conducted in compliance with all other applicable regulations of the State of Colorado, City of Northglenn, North Metro Fire Rescue District, and the Tri-County Health Department.

(iv)

A business license is required for all home occupations.

(B)

Uses Allowed.

(i)

Any use not listed in paragraph (ii) below shall be deemed an allowable home occupation so long as the use is a legal use in the City of Northglenn and complies with the standards of this UDO.

(ii)

The following uses shall be prohibited as a home occupation:

(a)

Kennels or animal day care; and

(b)

Motor vehicle service, repair, maintenance, reconstruction, restoration, cleaning, sale, or storage shall be prohibited as a home occupation.

(iii)

No home occupation shall include on premise sale of goods or merchandise, either wholesale, retail, or distribution except for home crafts and art works created at the home, items that are provided in support of the provision of a home occupation service, and eggs, honey, and other foods specified in the Colorado Cottage Foods Act in compliance with the licensing requirements for the keeping of chickens and bees, and in accordance with the Colorado Cottage Foods Act.

(C)

Residential Child Care.

(i)

General.

(a)

Residential child care establishments shall comply with applicable regulations of the State of Colorado, City of Northglenn, North Metro Fire Rescue District, and the Tri-County Health Department.

(b)

Residential child care establishments shall be operated by a permanent resident of the home.

(c)

State licensed child care establishments conducted in a private residence may be allowed by right provided they comply with the standards in this subsection.

(ii)

Registration.

(a)

Prior to establishing a residential child care establishment, the owner/operator of the establishment shall register with the Director on a form provided by the Director. Registration shall be effective for 12 months. Prior to expiration of such 12-month period, the owner/operator of the residential child care establishment shall apply for renewal. Renewal shall be granted by the Director if the establishment continues to be in compliance with these standards and state licensing requirements.

(b)

It shall be unlawful to operate a residential child care establishment without first having registered as required in this subsection. It shall be unlawful to operate a residential child care establishment with an expired registration and/or a revoked license.

(D)

Location on Property.

(i)

No manufacturing, construction, fabrication, or assembly related to a home occupation shall occur within any detached structure.

(ii)

A detached structure may be used as an office, meeting room, display area, storage, or to provide any service related to a home occupation provided such use of the detached structure does not result in additional external impacts or nuisance.

(E)

Size and Design.

(i)

The total usable floor space area dedicated to home occupation uses shall not exceed 25 percent of the gross floor area of the primary structure.

(ii)

A home occupation shall not involve any external structural alteration of the dwelling unit.

(F)

Operations.

(i)

Employees. A home occupation shall be conducted by family members residing in the home. No more than one non-family member may be employed in a home occupation.

(ii)

Hours of Operation. Customers or clients of a home occupation may come to the home only between the hours of 7:00 a.m. and 10:00 p.m.

(iii)

No External Display of Products. There shall be no external display of products or any other externally visible evidence of the home occupation.

(iv)

Outdoor Storage Activities. No outdoor storage of materials, goods, supplies, or equipment associated with a home occupation shall be allowed.

(v)

Parking and Business-Related Vehicles (Vehicles Marked or Equipped Commercially).

(a)

Vehicle parking for customers or clients of a home occupation shall be provided on the site of the home occupation or on that portion of the street adjacent to the lot used for the home occupation.

(b)

Only one motor vehicle used to conduct a home occupation may be kept at the home.

(c)

Business-related vehicles shall comply with Articles 7-2 and 7-5 of the Municipal Code.

(d)

When not being loaded or unloaded, any trailer used to conduct a home occupation shall be stored in a garage or behind an opaque fence not less than six feet in height so as not to be visible from any other public or private property.

(vi)

Deliveries. Deliveries associated with a home occupation may only be made between the hours of 7:00 a.m. to 7:00 p.m., and may only be made by vehicles with no more than one rear axle.

(vii)

Nuisances.

(a)

No home occupation shall create a public nuisance as defined in the Northglenn Nuisance Ordinance.

(b)

Any noise caused or generated by conduct of a home occupation shall not create a noise disturbance, as defined in the City's Noise Control Ordinance. No noise associated with a home occupation may be audible at any time beyond the property boundary of the residence where the home occupation is conducted.

(G)

Signage. No evidence of a home occupation shall be visible outside the primary building except for one wall or window sign no larger than one square foot in size.

(H)

Prohibited Equipment and Materials.

(i)

There shall be no chemical, mechanical, or electrical equipment on the premises other than that normally found within a dwelling unit.

(ii)

Hazardous materials listed in the Uniform Fire Code, as amended, shall not be used or stored in conjunction with a home occupation except with the prior approval of the North Metro Fire Rescue District Fire Chief and the City of Northglenn Chief Building Official.

(5)

Outdoor Dining. Outdoor dining areas within 150 feet of a residential use or residential zoning district shall not be open between the hours of 10:00 p.m. and 7:00 a.m. This standard shall not apply to residential uses within a mixed-use zoning district.

(6)

Outdoor Sales and Display. Except for establishments engaged in the sale or rental of vehicles or equipment, temporary yard sales, and activities with a temporary use permit, outdoor display of merchandise for sale and material for customer pick-up shall be subject to the following standards:

(A)

Display/sales areas shall be located outside of drive aisles, fire lanes, parking areas, or required landscape areas;

(B)

Display/sales areas shall not obstruct the usable width of a pedestrian way to less than three feet, nor obstruct pedestrian access to any building entry;

(C)

Display/sales areas shall occur only on an improved surface such as paved area;

(D)

Display/sales areas abutting a residential zoning district at a side or rear property line shall be screened from view with an opaque wall or fence a minimum of six feet and no more than eight feet in height extending along such rear or side property line; and

(E)

Outdoor sales and display areas may only include those goods and services normally sold or provided by the business.

(F)

Vending machines, service kiosks, and online retail storage lockers must be directly adjacent to a building, cannot exceed 25% of the linear distance of the store front, not to exceed a total of 50 feet per business.

(7)

Outdoor Storage, Accessory.

(A)

Generally. Outside storage shall be limited to goods or materials sold or used on the premises as part of the primary use of the property.

(B)

Location of Outdoor Storage.

(i)

Outside storage shall be located in the rear yard or interior side yard of the lot.

(ii)

Goods or materials shall not be stored in areas intended for vehicular or pedestrian circulation.

(C)

Fencing and Screening. Outdoor storage of goods or materials not for sale shall not be visible from the ground from any direction along the property and shall be subject to the screening standards in Subsection 11-4-7(l), Screening, Fences, and Walls.

(D)

Mobile Homes, Trailers, and Recreational Vehicles.

(i)

A mobile home shall not be located on a lot or parcel without a current and valid building permit, permanent foundation, hook-up facilities, permanent piers, blocks, or foundations.

(ii)

Travel trailers, motor homes, or recreational vehicles shall not be used or made suitable for use or occupancy for longer than 14 days in a calendar year.

(iii)

All boats, trailers, motor homes, travel trailers, recreational vehicles, and buses shall be kept in reasonable repair and operable and neatly arranged in a parked condition.

(8)

Sale of Produce and Plants Raised on Premises.

(A)

Allowed Sales. Sales shall be limited to the retail sale of agricultural products produced on the lot, including the sale of products made from such products by the producer (for example, fresh produce, jams and jellies, and juices).

(B)

Structures. No permanent structures shall be erected for the sale of agricultural products on the lot.

[Source: Ord. 1766, 2019; 1782, 2019]

Section 11-3-5. Temporary Uses and Structures.

(a)

Purpose and Organization.

(1)

The purpose of this section is to allow certain uses and structures of a limited duration subject to specified conditions. This section is intended to ensure that such uses or structures do not negatively impact surrounding properties and are discontinued upon the expiration of a set time period.

(2)

Table 3-2 A: Table of Allowed Uses lists allowed temporary uses and structures alphabetically. Temporary uses and structures not listed in the table require approval under the procedure in Subsection 11-3-2(c), Classification of New and Unlisted Uses. All temporary uses are subject to the standards in this Section 11-3-5, in addition to any applicable requirements in Section 11-3-3, Use-Specific Standards.

(b)

Approval Process for Temporary Uses and Structures. Unless expressly exempted by the standards in this Section 11-3-5, all temporary uses and structures shall require a Temporary Use Permit. Review and approval of such permits shall be in accordance with Subsection 11-6-5(c), Temporary Use Permit.

(c)

General Standards for All Temporary Uses and Structures

(1)

Compliance with this UDO.

(A)

Each temporary structure allowed by this UDO shall be constructed in accordance with applicable building codes and regulations of the City.

(B)

No temporary structure requiring a building permit shall be constructed or erected until a building permit is issued for such structure.

(C)

No temporary structure requiring a building permit shall be used or occupied until the structure has been inspected by a building inspector and a Certificate of Occupancy issued.

(D)

A temporary use or structure shall not violate any applicable use-specific standards or conditions of approval applicable to a primary use on the site.

(E)

Prior to commencing operation or construction of any temporary use or structure, all necessary permits, licenses, and approvals shall be obtained from the City Building Department, the North Metro Fire Rescue District, the Tri-County Health Department, and any other applicable local or state agencies.

(2)

Compatibility. The temporary use or structure shall not be detrimental to surrounding properties or to the public health, safety, or general welfare.

(3)

Location.

(A)

Temporary uses shall not disturb any sensitive or protected resources, including floodplains and required landscaping.

(B)

Temporary uses or structures shall not impede with normal operations of any permanent use located on the property unless approved by the Director.

(4)

Operation and Design.

(A)

Permanent alterations to the site are prohibited.

(B)

At the conclusion of a temporary use or structure, all disturbed areas shall be restored to the condition that existed prior to the use, or improved.

(C)

Off-street parking shall be sufficient to accommodate the proposed temporary use.

(D)

Temporary signs associated with a temporary use or structure shall be removed when the activity ends or permit expires, whichever occurs first.

(E)

Temporary structures shall not be constructed with exterior surface materials of cardboard, paper, cloth, or similarly unsuitable materials. Any such stand or structure constructed of unpainted wood or metal, or of any used, rusted, defaced or disfigured material, shall be painted before inspection.

(d)

Additional Standards for Specific Temporary Uses and Structures.

(1)

Construction Support Services.

(A)

Frequency and Duration.

(i)

Temporary use permits for construction support service activities shall be valid for the duration of an active building permit until issuance of a Certificate of Occupancy.

(ii)

The Building Official may order the construction support activities to be discontinued and in no event shall such temporary use continue after construction is complete.

(B)

Concrete or Asphalt Batching Plant.

(i)

Location.

(a)

Temporary concrete batching plants (including associated stationary equipment and stockpiles) shall be located at least 1,000 feet from any recreational area, school, residence, or other structure not occupied or used solely by the owner of the property upon which the facility is located. This distance limitation does not apply to structures within the boundaries of the project for which the facility is to pour concrete, provided that the facility is located on or contiguous to the project.

(b)

Temporary asphalt batching plants shall be located at least one-half mile from any recreational area, school, or residence, or any other structure not occupied or used exclusively by the owner of the property upon which the facility is located.

(ii)

Operation Standards.

(a)

The facility shall be operated in a manner that eliminates unnecessary dust, noise and odor (including, with limitation, covering trucks, hoppers and chutes, loading and unloading devices, mixing operation and maintaining driveways and parking areas free of dust).

(b)

All stockpiles shall be sprinkled with water or dust suppressant chemicals, or both, as necessary to achieve maximum control of dust emissions. The stockpile sprinkler system shall be operable at all times.

(c)

The facility must produce concrete or asphalt for the specific subdivision or project site upon which it is located, and may not produce concrete or asphalt for any other unrelated subdivision or project.

(d)

Spilled cement and fly ash used in the batch shall be cleaned up immediately and contained or dampened to minimize dust emissions due to wind erosion and vehicle traffic.

(e)

All open-bodied vehicles transporting material from a dry batch plant to the paving mixer shall be loaded with a layer of sand on top, and the truck shall be covered with a tarp to minimize the emission of dust under existing conditions.

(f)

The applicant shall clear the site of all equipment, material, and debris upon completion of the project.

(iii)

Hours of Operation. The facility may operate only between the hours of 6:00 a.m. and 8:30 p.m., Monday through Friday, and 8:00 a.m. and 8:30 p.m. on weekends.

(C)

Field or Construction Office.

(i)

Field or construction offices may only be approved for licensed contractors working on construction projects for which permits have been issued.

(ii)

Field or construction offices shall be located on the same property and within the same project area where the work is being done and shall not encroach into any public right-of-way.

(iii)

Field or construction offices shall be required to meet all applicable state and local building and set-up codes.

(iv)

Field or construction offices may not be used as residences.

(2)

Mobile Food Vending.

(A)

Location and Separation.

(i)

Mobile food vending shall not be located within 150 feet of any single-family residential zoning district. This separation standard shall not apply to residential uses within a mixed-use development or mixed-use zoning district.

(ii)

Mobile food vending may be allowed in a single-family residential zoning district as part of a special event with approval of a temporary use permit pursuant to these standards in 11-3-5(d)(2) and the special event standards in 11-3-5(d)(4).

(iii)

Mobile food vending shall not be located within 150 feet of any restaurant unless the property owner provides written consent to the city as part of a temporary use permit application. If the mobile food vending is proposed in a multi-tenant shopping center, then the property owner shall provide written notice to tenants within such shopping center.

(B)

Operational Standards.

(i)

A business license is required and shall be available on site for inspection by city, county, and state officials.

(ii)

Mobile food vending operators intending to operate in the public right-of-way shall obtain all required licenses and permits from the city, county, and state.

(iii)

Vehicles used for mobile food vending shall not be stored on properties used for single-family, duplex, or multifamily dwellings unless allowed by a temporary use permit.

(iv)

Mobile food vending operators shall obtain written consent from the private property owner(s) of properties on which they intend to operate. Such consent shall be provided as part of the temporary use permit application.

(v)

Mobile food vending operators shall maintain trash receptacles and all areas used for food vending in a safe and clean condition, and must dispose of all waste in accordance with health department regulations.

(vi)

Mobile food vending operators shall obey all parking and traffic laws. No part of a mobile food vending business shall obstruct required parking stalls without prior approval by the city through the temporary use permit.

(vii)

Structures, canopies, tables, or chairs associated with the mobile food vending business are prohibited unless expressly permitted as part of the temporary use permit.

(3)

Seasonal Sales.

(A)

Temporary use permits for seasonal sales activities shall be valid for a period of not more than 90 days in a calendar year.

(B)

Caretaker's quarters or temporary office facilities associated with seasonal sales are subject to the provisions in this UDO.

(4)

Special Event.

(A)

City Events Exempt. City of Northglenn special events are exempt from the standards for special events and shall not require a temporary use permit.

(B)

Frequency and Duration. Each lot or parcel is allowed a maximum of 10 separate, three-day events per calendar year.

(C)

Location, Design, and Operations.

(i)

For a special event established by a single business, outdoor sales shall be located only within the permittee's business frontage.

(ii)

Special event signage shall comply with the provisions in Section 11-4-10, Signs.

(iii)

Outdoor sales or display areas shall comply with the provisions in Subsection 11-3-4(d)(6), Outdoor Sales and Display.

(iv)

Special events shall comply with any required vision clearance areas for intersections and

(v)

Exterior lighting shall with the provisions in Section 11-4-9, Exterior Lighting.

(vi)

Public address systems, music, amplified sound, or other sound-making devices shall comply with the provisions in Subsection 11-3-3(b), Performance Standards for All Uses.

(vii)

Adequate restroom facilities shall be provided pursuant to the building code.

(D)

Additional Information at Request of Director. The Director shall be authorized to request additional information for special events with potential impacts on public lands and rights-of-way.

[Source: Ord. 1766, 2019]

Section 11-3-6. Oil and Gas Operations.

(a)

Purpose.

(1)

These regulations are enacted to provide for the safety, and preserve the health, safety and welfare of the present and future residents of the City.

(2)

It is recognized that under Colorado law that 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, including oil and gas, have certain legal rights and privileges, including the right to use that part of the surface estate reasonably required to extract and develop their subsurface mineral interests subject to compliance with the provisions of these regulations and any applicable statutory and regulatory requirements.

(3)

Similarly, owners of the surface estate have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonable manner and to have adverse land use impacts upon their property, associated with the development of the mineral estate, mitigated through compliance with these regulations.

(4)

Municipal governments have a recognized, traditional authority and responsibility to regulate land use within their jurisdiction through the Local Government Land Use Control Enabling Act, Article 20 of Title 29, C.R.S.; Part 3 of Article 23 of Title 31 (municipal zoning powers); C.R.S. § 31-15-103 (municipal police powers); C.R.S. § 31-15-401 (municipal police powers); and C.R.S. § 31-15-501 (municipal power to regulate businesses); and C.R.S. § 34-60-106 (oil and gas operators must receive local government approval for drilling permit); and C.R.S. § 34-60-131 (local government authority to exceed state oil and gas regulations). These regulations are intended as an exercise of this land use authority.

(5)

The City acknowledges the authority of the Colorado Oil and Gas Conservation Commission (COGCC) and the application of its rules to oil and gas drilling and production operations within the City's boundaries.

(b)

General Provisions.

(1)

The provisions of this Section shall apply to all oil and gas exploration and production operations proposed or existing within the City limits.

(2)

Legal nonconforming uses. Oil and gas facilities within City limits and operational prior to December 1, 2019, will be considered legal nonconforming uses.

(3)

Where provisions in this Section are in conflict with other provisions of this Code or other applicable regulations, the more restrictive, or that provision which results in the higher standard, shall apply.

(4)

The City Council shall adopt by separate resolution the Oil and Gas Best Management Practices ("BMP"). The BMP Exhibit will be posted on the City's website. The City Council may by resolution update the Oil and Gas BMP Exhibit as necessary to reflect changes in technology, state regulation, and industry practices.

(c)

Oil and Gas Permit Required.

(1)

New Oil and Gas Facilities.

(A)

It shall be unlawful for any person to drill a new well, construct a new facility or install new accessory equipment or structure within the corporate limits of the City, unless an oil and gas permit has been obtained pursuant to this Section. A separate oil and gas permit shall be required for each well or production facility that has not been previously permitted under this Section except as outlined in 11-3-6(c)(1)(D) and 11-3-6(c)(2) below.

(B)

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

(C)

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

(D)

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

(2)

Modification to Existing Well Sites.

(A)

When a well or Well Site is existing with an approved oil and gas permit use, any plugging and abandoning or recompleting of a well and relocation of accessory equipment or gathering lines and transmission lines does not require a new permit so long as all applicable regulations of this jurisdiction and the State are met, and the operator shall submit a revised site and Operating Plan to the City depicting any changes from the approved oil and gas permit. This is an administrative approval and does not require any additional public hearings. Upon receipt of the amended site plan and Operating Plan, the City shall issue an existing use site plan order as provided in Subsection 11-3-6(f) of this Section.

(B)

If any changes are made to a legal nonconforming well or a well to which an existing use site plan order has been issued, i.e., recompleting of a well, or relocation of accessory equipment or gathering lines and transmission lines occurs, the operator shall apply for an oil and gas permit. By enactment of this Section, the City hereby approves any well, equipment or facility drilled or constructed prior to the enactment of this Section that occurred prior to annexation of additional acreage within the City.

(C)

When an oil and gas permit has been granted for a well, reentry of such well for purposes of plugging and abandoning, recompleting, reworking, activating or converting the well shall not require a separate oil and gas permit.

(D)

The oil and gas permit are limited to the facilities as shown in the approved plan. To the extent the applicant desires, after initial completion of a well, to place additional equipment on a tank battery or wellhead location, which was not shown in the approved plan, the applicant must, except in a situation where additional temporary equipment is necessary for a period of 14 days or less, submit a revised site and Operating Plan to the City depicting any changes from the approved oil and gas permit. In the event that the staff concludes that the proposed change will not cause additional adverse impacts to public health, safety or welfare or the environment, the change can be accomplished administratively. Upon receipt of the amended site plan and Operating Plan, the City shall issue an existing use site plan order as provided in this Section. In the event the staff concludes the proposed change would cause an additional adverse impact to public health, safety, welfare or the environment, the proposed change will trigger new notice and require a new oil and gas permitting process.

(3)

Terms and Conditions of the Oil and Gas Permit.

(A)

An oil and gas permit shall become null and void two years after approval if oil and gas development at the site for which the permit was issued does not substantially commence.

(B)

The oil and gas permit shall automatically expire with the abandonment and reclamation of the associated well.

(C)

The granting of an oil and gas permit shall not relieve the operator or owner of a well, production facility, pipeline or gathering line from otherwise complying with all applicable regulatory requirements of the City, the State or the United States.

(D)

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

(E)

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

(F)

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

(d)

Oil and Gas Permit for a New Oil and Gas Operation -- Application Submittal Requirements and Filing Fees.

(1)

Initial Application Form and Authorization. Every application for an oil and gas permit issued pursuant to this Section shall be in writing on a form supplied by the City, signed by the operator, or some person duly authorized to sign on his or her behalf, and filed with the Department of Planning and Development. If no form is available, Operator may file in its own format the following information that shall be submitted:

(A)

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

(B)

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

(C)

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

(D)

The well name(s);

(E)

The mineral lessee's name and address;

(F)

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

(G)

The name and address of the surface owner or owners; and

(H)

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

(2)

Fees and Financial Assurances. Every applicant shall provide the following fees and financial assurances:

(A)

Application Fee. Every application shall include a required fee in the amount of $10,000.

(B)

Cost Reimbursement Agreement. Every applicant shall submit a signed cost reimbursement agreement provided by the City, but such reimbursement agreement shall only apply to the use by the City of outside consultants to review the application, if necessary. The application fee and required cost reimbursement agreement must be received by the Department of Planning and Development in order to process the application.

(C)

Insurance. Prior to commencement of any work, the Operator will provide liability and insurance under the conditions, and in the amounts, necessary to protect against the risks and liabilities associated with the proposed activity.

(D)

Financial Assurance. Prior to the commencement of any work, including well pad construction at any permitted Well Site, Operator will provide the City with a single surety applicable for all Well Sites in the form of a letter of credit or bond in the amount of three million dollars ($3,000,000.00) to insure the immediate availability of finances for any costs incurred by the City following a Financial Setback of the Operator.

(i)

Financial Setback shall be defined as the Operator filing for protection under the bankruptcy laws, making an assignment for the benefit of creditors, appointing or suffering appointment of a receiver or trustee over its property, filing a petition under any bankruptcy or insolvency act or having any such petition filed against it which is not discharged within ninety (90) days of the filing thereof.

(ii)

Operator shall notify the City of the existence of a Financial Setback within five (5) business days of the Financial Setback.

(iii)

The letter of credit or bond shall remain in effect until all drilling operations at all New Wells have been completed, and all Well Sites for which work has commenced are in the production phase, without exception.

(iv)

Upon the occurrence of a Financial Setback, the City may call upon the surety effective immediately upon written notice to the Operator for the purpose associated with the need to secure Well Sites, associated Well Site lands and infrastructure or as a demonstrated need to protect the public welfare and safety.

(v)

This financial assurance provision in a form accepted by the City is not a substitute for any bonding required by the state regulatory agencies for plugging and abandoning wells.

(vi)

The Operator shall comply with all state regulatory agencies bonding requirements.

(vii)

The bond or letter of credit shall be released within ten (10) business days of Operator's written request following completion of the last Well Site and the wells have been turned to production.

(E)

Inspection Fees. Operator shall reimburse the City for all inspection costs reasonably incurred to inspect the Well Sites to determine compliance with this Agreement and any permits issued by the City. Such fees shall include actual costs incurred by the City, including employee time, employee supervision, necessary equipment rental, and overhead. Where a well is plugged and abandoned, no fees will be imposed thereafter.

(F)

Road Improvements and Maintenance Agreement. Operator must sign an agreement to pay for ongoing road repair and maintenance costs attributable to its operations. The City will conduct periodic impact assessments with the Operator to determine the extent of any damage accruing to the road caused by the Operator's activities. Operator may conduct baseline road condition assessments with a third-party contractor to define existing road conditions. Operator will pay the City for the cost of the actual repairs for the assessed damage or else arrange and pay the cost of such repairs itself with a contractor acceptable to the City.

(3)

Substantive Application. Upon having submitted the materials and fee required by this Article, an application for an oil and gas permit pursuant to this Section shall be filed with the Department of Planning and Development and shall include the following information:

(A)

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

(i)

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

(ii)

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

(iii)

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

(iv)

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

(v)

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

(vi)

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

(vii)

Location of access roads in accordance with the provisions of Section 11-3-6(l) of this Section.

(viii)

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

(ix)

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

(x)

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

(xi)

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

(xii)

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

(xiii)

A true north arrow.

(B)

Traffic Control Plan. Operator shall prepare a plan showing public and private roads that traverse and/or provide access to the proposed operation and a plan showing the estimated number of vehicle trips per day for each type of vehicle, proposed transportation routes to and from the site, and measures to mitigate adverse impacts to traffic patterns and safety caused by the proposed operation.

(i)

The map showing all proposed transportation routes for access to and from the well site shall include those routes used for construction equipment and well drilling, completion and reworking equipment from the well/production site to the to the corporate limits of the City.

(ii)

All transportation routes which access the state highway system shall be required to obtain necessary Colorado Department of Transportation (CDOT) access permits. A vendor selected by Operator from a list of vendors that is pre-approved by the City shall prepare a Traffic Impact Study which shall clearly identify and distinguish impacts to City roads and bridges related to Facility construction, operations and ongoing new traffic generation. Traffic impact studies shall be prepared in accordance with City standards and requirements or other guidelines found in the Applicable Code. The study shall include a traffic mitigation plan addressing transportation impacts that will typically include, but not be limited to, a plan for traffic control, the receipt of all necessary permits, ongoing roadway maintenance and improving or reconstructing City roads, including providing financial assurance.

(C)

Written Narrative. The Applicant shall refer to the Oil and Gas BMP Exhibit for additional details on the following submittals and plans:

(i)

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

(ii)

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

(iii)

An Operating Plan.

(iv)

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

(v)

A list of all permits or approvals obtained or yet to be obtained from local, state or federal agencies, including any exceptions or variances that are required.

(vi)

Emergency Response Plan. Operator shall prepare an Emergency Response Plan that is mutually acceptable to the Operator and the appropriate fire protection district and the Police Department that includes a list of local telephone numbers of public and private entities and individuals to be notified in the event of an emergency, the location of the well and provisions for access by emergency response entities. The applicant must provide a commitment to serve ("will serve") letter from the authority having jurisdiction for providing emergency services (fire protection and emergency medical services) for that facility.

(vii)

A plan for weed control at the well site.

(viii)

A sanitary facilities plan that complies with COGCC regulations.

(ix)

Verification of ownership of the mineral interest.

(x)

Nuisance Prevention Plan. Operator shall prepare a plan to manage noise, light and odor to prevent nuisance. Noise and odors shall be kept at or below the levels that would constitute a nuisance. The plan must include a baseline noise study as well as noise modeling of equipment proposed for the site for drilling and completions.

(xi)

Electrification Plan. Operator shall identify all sources of electricity that will be brought to or used at the Well Site during all phases, including drilling, completion and production.

(xii)

Air Quality Mitigation Plan. Operator shall prepare an Air Quality Mitigation Plan which includes baseline air quality testing and a modeling assessment of air quality impacts of a related project per BMP 1C(iii) and a plan and schedule to maintain air quality, including a plan to minimize VOC emissions in compliance with the BMPs.

(xiii)

Waste Management Plan. Operator shall prepare a Waste Management Plan that identifies the projected waste from the site and plans for disposal of such waste.

(xiv)

Hazardous Materials Management Plan. Operator shall prepare a Hazardous Materials Management Plan that identifies all hazardous materials that will be brought on site, how they will be transported and used, and measures to prevent any release of those materials.

(xv)

Water Quality Monitoring Plan. Operator shall prepare a plan that describes the steps it will take to provide water quality monitoring to demonstrate no water quality degradation of surface or ground water.

(xvi)

Spill Prevention, Control, and Countermeasure Plan. Operator shall prepare a plan which describes spill prevention and mitigation practices.

(xvii)

Stormwater Pollution Prevention and Erosion Control Plan. Operator shall prepare a plan to minimize impacts to surface waters from erosion, sediment, and other sources of non-point pollution. The stormwater control plan required by COGCC Rule 1002(f) may be provided to establish compliance with this provision.

(xviii)

Interim Reclamation Plan. Operator shall prepare a plan, including a written description of the species, character and density of existing vegetation on the Well Site, a summary of the potential impacts to vegetation as a result of the proposed oil and gas operations, and proposed replanting and mitigation to address these impacts. The plan shall include any COGCC required interim reclamation procedures and shall include the means by which vegetation will be watered and maintained.

(xix)

Dust Mitigation Plan. Operator shall prepare a plan to control dust in an effort to minimize visible dust emissions from roadways or from completion operations.

(xx)

Wetlands Protection Plan. Operator shall prepare a plan, if applicable, demonstrating the oil and gas operations shall, to the maximum extent practicable, avoid causing degradation to wetlands within the City.

(xxi)

Floodplains and Floodways. Oil and Gas Facilities are prohibited in the floodway. A Floodplain Permit is required if any Operations are within the floodplain.

(xxii)

Visual Mitigation Plan. Operator shall prepare a plan that will consider fencing materials, berming, and use of existing vegetation and natural contours to the maximum extent practicable. The visual mitigation plan shall require photographic simulations.

(xxiii)

Landscaping Plan. Operator shall prepare a plan that shall be coordinated with the City and the surface owner and, depending on access to water, may be staged to accommodate surface development. Landscaping plans should use drought tolerant species that are native and less desirable to wildlife and suitable for the climate and soil conditions of the area. An irrigation plan may be required where buffering is accomplished with vegetation.

(xxiv)

Site Security Plan. Operator shall prepare a plan for each Well Site. Each plan for a Well Site shall be reviewed by Operator on a yearly basis and will be updated, as necessary. The City may request a review and update of the plan, at its sole discretion.

(xxv)

Request for Waiver of Location Requirements in 11-3-6(p).

(e)

Oil and Gas Permit Process for New Oil and Gas Operations.

(1)

The process for issuing an oil and gas permit shall include the following steps. Where terms of this Section conflict with other standards the Unified Development Ordinance, the provisions of this Section shall apply.

(A)

Step 1: Pre-Application Conference. The applicant shall attend a pre-application conference with a representative from the City. The purpose of the meeting is to discuss the oil and gas permit submittal requirements and review process. City staff will review the list of Best Management Practices that may be required to reduce or eliminate impacts to public health, safety, welfare or the environment. The staff also has discretion to require an Alternative Location Analysis that must be completed prior to submittal of an application for an oil and gas permit.

(i)

The applicant shall prepare and submit a Preliminary Site Analysis to the City for review at the pre-application conference. The Preliminary Site Analysis shall include the following information:

(a)

All drilling and spacing units proposed by the applicant within 1,500 feet of the City's municipal boundaries;

(b)

The proposed site for the oil and gas location and all features defined below, completely contained within, or within ¼ mile of all drilling and spacing units proposed by the applicant;

(1)

Any existing residential, platted residential, or property currently entitled for residential use, not including properties zoned Agricultural over 5 acres in size;

(2)

Properties designated for future residential in the City's adopted Comprehensive Plan, including mixed use;

(3)

Any facility classified as a High Occupancy Building Unit as defined by the COGCC;

(4)

Any public or private recreation facilities;

(5)

Outdoor venues, playgrounds, permanent sports fields, amphitheaters, or other similar place of public assembly;

(6)

Public or private parks, not including trails;

(7)

Senior living or assisted living facilities;

(8)

Areas within the FEMA 100-Year Floodplain boundary;

(9)

The centerline of all USGS perennial and intermittent streams;

(10)

Wetlands; and

(11)

Sensitive wildlife areas.

(ii)

If required by staff, the applicant will be required to submit an Alternative Location Analysis. The applicant shall analyze all potential sites that can reasonably access the mineral resources within the proposed drilling and spacing unit. The following information shall be provided for each site:

(a)

General narrative description of the site;

(b)

Why the particular site is proposed;

(c)

A summary of the off-site impacts that may be associated with that particular site; and

(d)

Proposed truck traffic routes, pipeline routes, and access roads for each site.

(iii)

Staff will review all proposed locations in order to determine if there is a suitable location that would adequately protect public health, safety, welfare, and the environment. Each proposed location shall be evaluated against the following criteria to determine if it is a suitable location:

(a)

Whether the location would comply with siting requirements in subsection 11-3-6(p);

(b)

Whether mineral extraction is technically possible and reasonable from the location;

(c)

he proposed facility will not result in a substantial or undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, either as they presently exist or as they may exist in the future;

(d)

A proposed site's conformance with the City's adopted Comprehensive Plan, and any other applicable adopted plans;

(e)

The ability to utilize pipelines and consolidate facilities with other planned drilling and spacing units proposed within the City's municipal boundaries; and

(f)

Landowner's willingness to accommodate a surface use location. Previous execution of a surface use agreement between any landowner and Operator shall not automatically deem a proposed site as the preferred alternative; and

(g)

Impact on nearby environmental resources such as water bodies.

(iv)

If a suitable location is identified, staff will recommend the Operator proceed with an oil and gas permit application. If a suitable location is not identified or is unavailable, staff will recommend that the Operator evaluate other locations or may recommend denial if an oil and gas permit application is submitted.

(B)

Step 2: Application Submittal. After the pre-application conference and the submittal of an Alternative Location Analysis (if necessary) the applicant may submit an oil and gas permit application. The application must meet the submittal requirements of subsection 11-3-6(e).

(C)

Step 3: Staff Review for Completeness. Within a reasonable period of time, not to exceed 10 business days, City staff shall either certify that the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package, if necessary, and resubmit the required number of copies of the amended application to the City. This is not a substantive review of the application submitted.

(D)

Step 4: Referral Agencies Notified. Upon receipt of a completed application, the City shall forward the application to the appropriate referral agencies. The referral information shall include the time and place of the public hearing, the nature of the hearing, the location of the subject property and the applicant's name. At minimum, the application shall be referred to Adams County, the Police Department, and the Fire District. Referral agencies shall be provided 30 days to respond with any comments. After such 30-day period, the City may proceed on the Application whether to not the City has received comments from the notified referral agencies.

(E)

Step 5: Staff Review and Comments. City staff shall review the Application for compliance with this Section and all other applicable federal, state and City regulations and standards. A summary of this review, including referral comments, and proposed conditions of approval, shall be sent to the Applicant.

(F)

Step 6: Applicant Response. The applicant shall address all of the City staff comments and any referral agency comments, then submit the following to the City:

(i)

Written correspondence explaining how all of the comments have been addressed; and

(ii)

Revised maps and other documents, as necessary.

(G)

Step 7: Public Hearing Schedule and Notification Process. The City shall:

(i)

Publish notice of the public hearing for the oil and gas permit in a newspaper of general circulation in the City at least 15 days before the scheduled hearing date.

(ii)

Posting of notice. Notice of the hearing shall be posted by the City on each street adjoining the property involved for a period of at least 15 continuous days prior to the date of the hearing. An affidavit of posting signed by a representative of the City shall constitute prima facie evidence of fulfillment of the required posting. The expense of such posting and affidavit shall be paid by the applicant. The sign shall be professionally made or hand-stenciled with dimensions as shown; enamel or weatherproofed painted letters; white background on sturdy backing; minimum size as shown below; on two (2) posts as shown below; and six (6) feet from the edge of the street pavement.

(iii)

Mailed notices shall be sent via first class mail to all property owners within 1,000 feet of the subject property, as measured from property boundaries.

(H)

Step 8: Final Staff Review and Report to Planning Commission.

(i)

City staff will complete a final review of the resubmitted materials and then prepare a report to the Planning Commission explaining how the application is or is not consistent with the review criteria and applicable City ordinances, regulations and standards.

(ii)

Conditions of approval. Staff may propose a list of conditions of approval, including requiring the use of Best Management Practices, to reduce or eliminate impacts to public health, safety, welfare, or the environment. The Oil and Gas Best Management Practices Exhibit will be maintained on the City's website. In proposing conditions of approval from such Best Management Practices or other sources, the staff shall consider the following factors, among other considerations:

(a)

Site-specific factors of the proposed new oil and gas location;

(b)

The extent the Best Management Practices can be used to prevent significant degradation of the health, safety, and welfare of area residents and the City of Northglenn;

(c)

The extent to which conditions of approval will promote the use of existing facilities and reduction of new surface disturbance;

(d)

The extent to which legally accessible and technologically feasible alternative sites exist for the proposed new oil and gas location; and

(e)

The extent to which the proposed oil and gas location is within land used for residential, industrial, commercial, agricultural, or other purposes.

(I)

Step 9: Review by Planning Commission.

(i)

Criteria for Review. At a public hearing, the Planning Commission shall review the application for the oil and gas permit for compliance with the following criteria:

(a)

The requirements of subsection 11-3-6(d)(1) and this Article are met.

(b)

The site plan for the well site complies with the requirements of subsection 11-3-6(d)(3)(A).

(c)

The requirements of subsection 11-3-6(d)(3)(B) are met.

(d)

The written narrative complies with the requirements of subsection 11-3-6(d)(3)(C).

(e)

The application complies with the location restrictions provided in subsection 11-3-6(p) unless a waiver is obtained.

(f)

When applicable, the application complies with the provisions for wildlife mitigation procedures provided in subsection 11-3-6(q).

(g)

The proposed facility will not result in a substantial or undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, either as they presently exist or as they may exist in the future;

(h)

Conformance with the City of Northglenn Comprehensive Plan or other local planning documents; and

(i)

The proposed use will not significantly degrade the environment or public health, safety and welfare.

(ii)

Criteria for a Location Waiver.

(a)

A waiver of the zoning requirement in subsection 11-3-6(p)(1) may be granted only under the following conditions:

(1)

The location satisfies the other Criteria for Review in this Section;

(2)

Extraordinary hardships or practical difficulties result from strict compliance with the zoning restriction; and

(3)

The purpose of these standards and regulations are served to a greater extent by the alternative proposal.

(b)

A waiver of the 1,000-foot setback in subsection 11-3-6(p)(2) may be granted if all landowners with residences or platted subdivisions agree to waive the 1,000-foot setback requirement.

(iii)

Planning Commission Recommendation. The Planning Commission may recommend to approve, deny, or conditionally approve the application. Conditions of approval of an oil and gas permit may include any conditions necessary to improve or modify the site plan; any conditions necessary to ensure that any negative impacts of the proposed oil and gas operation are eliminated or mitigated; or may impose conditions related to the surface use. The Planning Commission shall cause its recommendations to be forwarded to the City Council.

(J)

Step 10: Review by the City Council.

(i)

A public hearing on the requested oil and gas permit shall be held by the City Council at a regular or special meeting of the Council. Notice of the public hearing shall be published by posting and by publication one time in a newspaper of general circulation in the City not less than 15 days before the date of the hearing. Notice shall be given to the property owners abutting the property or within 1,000 feet of the property, and to the City's service providers, the County, special districts and referral agencies as deemed appropriate by the City. Said notice shall be given by first-class mail not less than 15 days before the date of the hearing.

(ii)

The City Council shall use the Criteria for Review in this Section and, if applicable, the Criteria for a Location Waiver. To arrive at its decision, the City Council shall consider evidence presented in the application and at the public hearing which establishes compliance consistent with Section 11-3-6(e)(1)(I) above and any recommendations of the Planning Commission, if applicable. Following the conclusion of the public hearing, the City Council shall, by written resolution, render its decision to approve, deny or conditionally approve the application, or it may take the matter under advisement until an announced date certain, not to exceed 15 days from the date of the hearing, at which time it shall render its decision by written resolution. The written resolution shall be prepared by the City Attorney and shall set forth the findings of the City Council.

(iii)

For the purposes of judicial review, the City Council's final action or decision on an application shall be deemed to have been made as of the date upon which the City Council executes the written resolution, which shall constitute the final decision of the City Council.

(f)

Existing Use Site Plan Order for Pre-Existing Wells. Within 21 days following enactment of this Section, an existing use site plan order shall be issued administratively by the City.

(g)

Oil and Gas Permit Order. Prior to commencement of operations for which an oil and gas permit has been approved, an oil and gas permit order shall be obtained from the City. The City shall issue the oil and gas permit order within a reasonable time upon receipt of the following:

(1)

A copy of the resolution of the City Council approving an oil and gas permit;

(2)

Proof of compliance with any conditions placed in the resolution of the City Council approving an oil and gas permit;

(3)

A copy of the approved site plan;

(4)

A copy of an approved oversize or overweight vehicle or load permit issued by the City pursuant to subsection 11-3-6(m), if applicable;

(5)

Copies of any necessary state or federal permits issued for the operation if not previously submitted; and

(6)

Copies of all COGCC permits.

(h)

Contact Information. The intent of this Section is to ensure that the City has the correct contact information in case of an emergency, code violation or security concern.

(1)

Service of Notice. As required by the COGCC, every operator shall designate an agent who is a resident of the State upon whom all orders and notices provided in this Section may be served and shall specify in writing a mailing address for such agent. Every operator so designating such agent shall, within 10 calendar days, notify the City in writing of any change in such agent or such mailing address unless operations in the City are discontinued. The City may serve any notice provided in this Section upon the operator by mailing the same, postage prepaid, to the operator's designated agent at his or her designated address. Service shall be complete upon such mailing. The operator shall give the City written notice of any change in the designated agent or their contact information.

(2)

Transfer of Operator or New Operator. As required by COGCC, the operator shall notify the City, in writing, of any sale, assignment, transfer, conveyance or exchange by said operator of a well's property and equipment within 10 calendar days after such sale, assignment, transfer, conveyance or exchange. The notice shall provide a map indicating the location of the properties and equipment involved in the transaction.

(i)

Inspections. In recognition of the potential impacts associated with oil and gas facilities, all wells and accessory equipment and structures may be examined by the inspectors of the City at reasonable times to determine compliance with applicable provisions of the UDO, the International Fire Code, the International Building Code, and all other applicable standards.

(1)

The City reserves the right in its discretion to make spot inspections or to inspect without notice in the event of an issue potentially involving an immediate risk to public health, safety, welfare, the environment, or wildlife, or damage to the property of another.

(2)

For the purpose of implementing and enforcing the provisions of this Section, the inspector and other authorized personnel have the right to enter upon private property.

(3)

The City may use the information collected on the inspections to enforce the requirements of this Section.

(4)

The City may also report this information to appropriate state and federal officials, including but not limited to information regarding alleged violations of state and federal rules.

(5)

Upon request, Operator shall make available to City all records required to be maintained by these regulations or to show compliance with these regulations, and the rules and regulations promulgated by the COGCC and the Colorado Department of Public Health and Environment (CDPHE), including permits, Air Pollutant Emission Notices (APENs) and other documents required to be maintained by the COGCC, CDPHE and these regulations.

(j)

Building Permits. In addition to any other requirements of this Section, building permits must be obtained for all aboveground structures to which the applicable City Building Codes apply.

(k)

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

(l)

Access Roads. All private roads used to provide access to the tank batteries or the well site shall be improved and maintained according to the following standards so long as such standards are consistent with the surface owner's requests or the terms of a private Surface Use Agreement with the surface owner, and does not damage adjacent properties:

Access roads to facilities and Well Sites shall conform to the following minimum standards:

(1)

All access roads must be in conformance with the City's standards and specifications. A graded gravel roadway having a prepared subgrade and an aggregate base course surface a minimum of six inches thick, compacted to a minimum density of 95% of the maximum density as determined in accordance with generally accepted engineering sampling and testing procedures. The aggregate material, at a minimum, shall meet the requirements for Class 3, aggregate base course as specified for aggregate base course materials in the Colorado Department of Transportation's Standard Specifications for Road and Bridge Construction, latest edition. A geotechnical report and pavement design will be submitted to the City for approval.

(2)

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

(3)

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

(4)

The access road must be improved as a hard surface (concrete or asphalt) for the first 100 feet from the public road, unless public road is not already a hard surface, in which case, Operator shall meet the current standards of the public road.

(5)

If an access road intersects with a pedestrian trail or walk, the Operator shall pave the access road as a hard surface (concrete or asphalt) a distance of 100 feet either side of the trail or walk, unless the trail or walk is not already a hard surface, in which case, Operator shall meet the current standards of the trail or walk. If necessary, Operator shall replace the trail or walk to address the weight load requirements of the vehicles accessing the well and production facilities.

(6)

Temporary access roads associated with the Operations will be reclaimed and reseeded to the original state within 60 days after discontinued use of the temporary access roads. An exception to temporary access road construction standards and specifications may be made upon agreement of the Parties where circumstances warrant a departure given future development needs.

(m)

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

(n)

Fencing Requirements. At the time of initial installation, or upon the issuance of an existing use site plan order, fencing is required for all pumps, wellheads and production facilities that are within an approved subdivision or within 1,000 feet of an existing public road or existing structure or if a well site falls within a high-density area as defined by the COGCC. All pumps, wellheads and production facilities shall be adequately fenced to restrict access by unauthorized persons. For security purposes, all such facilities and equipment used in the operation of a completed well shall be surrounded by a fence six feet in height, and so long as the material is noncombustible and allows for adequate ventilation, the gates shall be locked. The following specific standards shall apply to all oil and gas wells and production facilities. Fence enclosures shall be constructed of materials suited for the given location and operations that are technologically, and operationally feasible, and compatible with the surrounding land uses, but shall not include solid masonry walls. All fences and walls shall be equipped with at least one gate. The gate shall meet the following specifications:

(1)

The gates shall be of construction that meets the applicable specifications or of other approved material that, for safety reasons, shall be at least as secure as a chain-link fence;

(2)

The gates shall be provided with a combination catch and locking attachment device for a padlock and shall be kept locked except when being used for access to the site; and

(3)

The operator must provide the fire protection district with a "Knox Padlock" or "Knox Box with a key" to access the well site, to be used only in case of an emergency.

(o)

Noise Requirements.

(1)

The Operator must use quiet completions technology for any well located within 1,320 feet of a Residential Building Unit or within 1,500 feet of a High Occupancy Structure unless Operator obtains waivers from all affected property owners within that distance.

(2)

The Operator shall comply with all provisions of COGCC Rule 802 on Noise Abatement with respect to the Well Site. However, the maximum permissible noise levels to be applied under Rule 802 shall be, other than during pad construction at the Well Sites, the greater of:

(A)

the levels set forth for the land use type of "Residential/Agricultural/Rural" under Rule 802 if measurements are taken at 1,000 feet from the sound walls at the Well Site; and

(B)

4 dB(A) higher than baseline ambient sound measured at 1,000 feet from the sound walls at the Well Site. During pad construction at the Well Sites, the Operator agrees that noise levels shall not exceed those produced by the construction of a typical residential or commercial development.

(3)

All measurements considered for compliance with this Section shall be taken by a third-party contractor using industry standard equipment and practices.

(p)

Location Restrictions.

(1)

Well Sites may only be located within the non-residential zoning districts of Industrial (IN), Public Facilities (PF,) and Agricultural (AG) without obtaining a Waiver.

(2)

Well Sites proposed within City limits shall be at least 1,000 feet from the property line of any existing or platted residences, schools, Future School Facilities, state licensed daycares, or city-owned facilities unless a Waiver is obtained.

(3)

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

(4)

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

(5)

All equipment at production sites located within a 100-year floodplain shall be anchored as necessary to prevent flotation, lateral movement or collapse or shall be surrounded by a berm with a top elevation at least one foot above the level of a 100-year flood.

(6)

Any activity or equipment at any well site within a 100-year floodplain shall comply with applicable City Floodplain Regulations and the Federal Emergency Management Act and shall not endanger the eligibility of residents of the City to obtain federal flood insurance.

(q)

Wildlife Impact Mitigation.

(1)

Wildlife. When a well site or production site is located within or adjacent to a wildlife or natural area, the applicant shall consult with the Colorado Division of Wildlife to obtain recommendations for appropriate site specific and cumulative impact mitigation procedures as required by the COGCC. The operator shall implement such mitigation procedures as are recommended by the Colorado Division of Wildlife after consultation with the City. The operator shall file a mitigation plan with the City.

(2)

Endangered Species. The operator shall not engage in activities which, in the opinion of the Colorado Division of Wildlife, threaten endangered species.

(r)

Violation and Enforcement.

(1)

Unlawful to Construct or Install Unapproved Oil and Gas Facilities.

(A)

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

(B)

It is unlawful to fail to obtain an oil and gas permit or existing use site plan order where one is required pursuant to this Section.

(C)

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

(2)

Penalty. Any person convicted of a violation of any of the acts enumerated in Subsections (a), (b) and (c) above, or who commits any act or omission in violation of any provision of this Section, or of the conditions and requirements of the oil and gas permit, may be punished as provided in Section 1-1-10(a)(2) of this Code. Each day of such unlawful operation constitutes a separate violation.

(3)

Civil Action. In case any well, production facility, building or structure is or is proposed to be erected, constructed, reconstructed, maintained, altered or used, or any land is, or is proposed to be, used in violation of any provision of this Section or the conditions and requirements of the oil and gas permit or any existing use site plan order, the City Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, maintenance, alteration or use.

(4)

Recovery of Fees. Should the City prevail in any action for legal or equitable relief for a violation of the provisions of this Section, in addition to any other penalties or remedies which may be available, the City shall be entitled to recover any damages, costs of action, expert witness fees, and reasonable attorneys' fees incurred.

[Source: Ord. 1766, 2019; 1795, 2020]