Chapter 17.90 PUEBLOPLEX ZONING DISTRICT (P-1)

17.90.010 Definitions.

“Aerospace Activity” means a use pertaining to the development, production, maintenance and support of aircraft and spacecraft, including but not limited to, research and development, testing and manufacturing of aircraft and spacecraft components and systems, simulator and ground support equipment; and the maintenance, repair and overhaul of aircraft and spacecraft systems.

 “Agricultural Production” means outdoor farming, including the plowing, tillage, cropping, keeping of animals, grazing, livestock farming and similar uses; seeding, cultivating/harvesting for the production of food and fiber products (excluding commercial logging and timber harvesting).  Agricultural Production includes horticulture, silviculture, viticulture, aviculture, aquaculture, apiculture, livestock grazing, the raising of small animals and poultry, domestic livestock farming, dairying, and animal husbandry and animal sales yards.  Agricultural Production excludes marijuana cultivation.

“Alcoholic Beverage Sales Establishment” means the retail sale of alcoholic beverages for off-site consumption.

“Amphitheater” means an open-air venue used for entertainment, performances, and sports with seating tiers that surrounded the central performance area.

“Autonomous Vehicle Test Site” means a proving ground for the safe testing and operations of automated vehicle technologies.

“Bioengineering Facility” means a facility involved in the application of engineering principles, practices, and technologies to the fields of medicine and biology especially in solving problems and improving care as in the design of medical devices and diagnostic equipment or the creation of biomaterials and pharmaceuticals.

“Biofuel Energy Development Facility” means a facility involved in the development of fuels derived from organic matter, for example, ethanol produced from corn, sugarcane, or other plants, using agricultural processes or by micro-organisms in oxygen-free tanks (anaerobic digestion).

“Building and Landscape Materials Sales” means a retail establishment selling hardware, lumber and other large building materials such as paint, wallpaper, glass and fixtures, plant materials, and other landscaping material.

“Call Center” means a large-scale office providing incoming and outgoing telephone and computer services for one or more corporations.  Call centers do not provide on-site customer services and are characterized by high employee density, open offices and 24-hour operations.

“Cogeneration Facility” means a facility that uses a heat engine or power station to generate electricity and useful heat at the same time.

“Community Center” means a multi-purpose meeting and recreational facility typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.

“Conference Center” means one or more structures accommodating multiple assembly, meeting, and/or exhibit rooms, and related support facilities (e.g., kitchens, offices, etc.).

“Convenience Store” means a type of general retail store which carries a range of merchandise oriented to convenience and/or travelers’ shopping needs.

“Display Gallery” means an establishment that displays and may sell art, but that does not derive more than fifty percent (50%) of its income from the display and sale of art objects.

“Dormitory” means a structure specifically designed for a long-term stay by students of a college, university, or nonprofit organization for the purpose of providing rooms for sleeping purposes.  One common kitchen and some common gathering rooms for social purposes may also be included.

“Development Plan” means a Site Plan prepared to scale pursuant to the requirements of Chapter 17.90.070, showing all of the uses (existing and proposed) for a specific project and including all information necessary to clearly define the intended use and development details of the project.

“Electric Power Plant” means a facility designed and operated for the generation and distribution of electricity for the primary purpose of selling electricity generated to the electric power grid, including facilities which use fossil fuels, solar energy, hydroelectric energy, geothermal energy, biomass energy or wind energy as a resource.  This definition does not apply to on-site generation equipment when such use is an accessory use.

“Energy Generation Facility” means a facility designed and operated for the generation and distribution of electricity for the primary purpose of selling electricity generated to the electric power grid, including facilities which use fossil fuels, solar energy, hydroelectric energy, geothermal energy, biomass energy or wind energy as a resource.  This definition does not apply to on-site generation equipment when such use is an accessory use.

“Exhibition Center” means a building or group of buildings used for trade, consumer and recreational shows and expositions, which feature a regularly changing collection of information booths, display stations, and/or presentation areas, with or without food and live entertainment on an incidental basis, where such events are intended to inform, educate, promote, sell or otherwise bring together people to participate in a given market activity; or used to conduct formal ceremonies, meetings, conferences, banquets, and live entertainment events, concerts, or similar events.  This use excludes activities related to Adult Uses.

“Flex Building” means a one-story building with an open configuration designed to accommodate a variety of uses that can be combined in the building as needed and over time such as office, warehouse and industrial uses.

“Food Truck” means a licensed mobile and motorized vehicle food unit that is temporarily utilized on a privately-owned piece of property where food items are being sold to the general public.

“Geothermal Facility” means a facility that collects heat from the earth through wells to convert to electricity.

“Hazardous Waste Disposal Facility” means all structures and improvements on the land used for treating, storing, or disposing of hazardous water, including all operations or storage areas, diked overflow, or emergency spillway areas.  A hazardous waste disposal facility may consist of several treatment, storage, or disposal operational units; it includes all areas where hazardous waste may be received, stored, handled, or processed.

“Hazardous Waste Research and Development” means a facility primarily devoted to research and development of technology relating to the disposal, recovery, treatment, storage or transportation of hazardous waste.  Such facility shall not be used for commercial disposal, recovery, treatment, storage or transportation of hazardous waste.

"Hazardous Waste Testing Facility” means a facility primarily devoted to hazardous waste analysis or qualitative identification for compatibility with chemical and physical properties.  This definition does not encompass a testing laboratory operated as an accessory use to another classification of hazardous waste facility.  Neither treatment nor recovery of hazardous waste shall be considered as accessory uses to a testing laboratory.

“Health/Fitness Facility” means a fitness center, gymnasium, health and athletic club, which may include any of the following sauna, spa or hot tub facilities; indoor tennis; basketball, handball, racquetball and/or other sport courts; archery and shooting ranges; weight training facilities; swimming pools; exercise pools; meeting rooms and related facilities; and which would provide on-site as well as outreach community activities such as, but not limited to, day camps, educational assistance programs, swimming instruction and/or other fitness programs.  This facility excludes adult entertainment businesses.

“Industrial Laboratory Facility” means a facility for the testing or analysis of environmental, industrial, or similar products or materials.

“Kennel” means a facility for boarding dogs, cats or similar animals over four (4) months old for compensation.

“Law Enforcement Training Facility, Outdoor” means an open area for cognitive and physical skills training including driving skills, equipment training and firearm training for law enforcement.

“Live/Work Unit” means a building which contains a dwelling located above the ground floor of a directly associated institutional, civic, office, commercial or retail use.

“Manufacturing and Fabrication Additive” means the process of joining materials to make objects from 3D model data, usually layer upon layer.

“Manufacturing and Fabrication, General” means manufacturing, processing, compounding, assembly, packaging, treatment or fabrication of finished parts or products, mass produced from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products and materials.  Manufacturing and assembly uses may be conducted entirely outdoors and have moderate to significant off-site impacts, including visual impacts.  Uses involving radioactive or highly toxic materials or chemicals, highly combustible or explosive materials, or other materials and substances of a noxious nature in the manufacturing process are included in this classification.  This classification includes, but is not limited to, steel fabrication, concrete block manufacturing, and truss plants.  Products require shipping by semi-trucks or rail.

“Medical Marijuana Contiguous Optional Premises Cultivation Operation” means a licensed Medical Marijuana Operational Premises Cultivation Operation located in the B-4 Community Business Zone District, B-1, Neighborhood Business Zone District, I-1/I-2/I-3, Industrial Zone Districts, P-1 PuebloPlex Zone District, Planned Unit Development (PUD) Zone District, or R-5, Multiple-Residential and Office Zone District within the same building, or in another building on the same parcel of land as the licensed Medical Marijuana Center or licensed Medical Marijuana-Infused Products Manufacturer is located, or in a separate building located on a separate but adjacent parcel of land which shares at least 50% of a common lot line with the parcel upon which the licensed Medical Marijuana Center or licensed Medical Marijuana-Infused Products Manufacturer is located.

“Medical Marijuana Non-Contiguous Optional Premises Cultivation Operation” means a licensed Medical Marijuana Optional Premises Cultivation Operation located in the a) A-1/A-2, Agricultural Zone Districts and the P-1 PuebloPlex Zone District in a building, greenhouse, or outside cultivation, OR b) in the I-1/I-2, Industrial Zone Districts in a building or greenhouse, OR c) I-3, Heavy Industrial Zone District, located in a building, OR d) in the Planned Unit Development (PUD) Zone District in a building, greenhouse, or outside cultivation.  Non-Contiguous means the marijuana cultivation operation is not on the same property or in the same building with a Medical Marijuana Center or Medical Marijuana-Infused Products Manufacturer.

“Multi-modal Loading and Unloading Facility” means a facility for the purpose of loading and unloading of materials between different modes of transportation such as truck and rail.

“Parks” means open space lands with the primary purpose of recreation.

“Passenger Terminal” means premises used for the boarding or discharge of people being transported.

“Personal Services” means a business that provides personal services directly to customers at the site of the business, or which received goods from or returns goods to the customer which have been treated or processed at another location.  “Personal service establishments” include, but are not limited to, travel agencies, dry-cleaning and laundry drop-off and pick-up stations, tailors, hair stylists, cosmeticians, toning or tanning salons, branch offices of financial institutions, photocopying services, postal substations, package delivery drop-off and pick-up stations, shoe repair shops, interior design studios, domestic pet grooming and care services, and art, music, dance and martial arts schools.

“Playground” means an improved area that is designed, equipped, and set aside for children’s play.

“Professional Services” means an office of a member of a recognized profession maintained for the conduct of that profession.

“Public Safety Facility” means a facility including ambulance dispatch facilities, fire stations, other fire prevention and fire-fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.

“Recycling Processing Center” means a center for the collection and processing of recyclable materials.  Processing may include powered or unpowered preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

“Research and Development Facility” means a facility for research and development of products, including but not limited to technology-intensive fields such as chemical, biological, pharmaceutical, electronics and genetic research.

“Rest Stop” means a roadside area with restrooms and other facilities for the use of motorists.

"Retail Marijuana Contiguous Cultivation Facility” means a licensed Retail Marijuana Cultivation Facility located in the B-4, Community Business Zone District, B-1, Neighborhood Business Zone District, I-1/I-2/I-3, Industrial Zone Districts, P-1 Pueblo Plex Zone District, Planned Unit Development (PUD) Zone District, or R-5 Multiple-Residential and Office Zone District within the same building, or in another building on the same parcel of land as the licensed Retail Marijuana Store or licensed Retail Marijuana-Infused Products Manufacturer is located, or in a separate building located on a separate but adjacent parcel of land which shares at least 50% of common lot line with the parcel upon which the licensed Retail Marijuana Store or licensed Retail Marijuana-Infused Products Manufacturer is located.

“Retail Marijuana Non-Contiguous Cultivation Facility” means a licensed Retail Marijuana Cultivation Facility located in the a) A-1/A-2, Agricultural Zone Districts and the P-1 PuebloPlex Zone District in a building, greenhouse, or outside cultivation, OR b) I-1/I-2, Industrial Zone Districts in a building or greenhouse, OR c) I-3, Heavy Industrial Zone District in a building, or d) in the Planned Unit Development (PUD) Zone District in a building, greenhouse, or outside cultivation.  Non-Contiguous means the marijuana cultivation facility is not on the same property or in the same building with a Retail Marijuana Store or Retail Marijuana-Infused Products Manufacturer.

“Shopping Center” means a primarily retail commercial site with three or more separate businesses sharing common pedestrian and parking areas.

“Social Service Organization Facility” means an establishment for public or quasi-public organizations providing social and/or rehabilitation services, serving persons with social or personal problems requiring special services and the otherwise disadvantaged.  Examples of this land use include counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies.  Includes organizations soliciting funds to be used directly for these and related services, and establishments engaged in community improvement and neighborhood development.  Does not include day-care services, emergency shelters and transitional housing, residential care, or soup kitchens.

“Solar Facility” means an installation or area of land in which a large number of solar panels are configured to generate electricity.

“Space Port Facility” means a site at which spacecraft are tested, launched, sheltered, and/or maintained.

“Stadium” means an outdoor sports arena with tiers of seats for spectators.

“Technical Laboratory Facility” means a building or group of buildings in which facilities for environmental, industrial, medical or scientific research, investigation, testing or experimentation are located.

“Theater” means a building used primarily for the presentation of live stage productions, performances, or motion pictures, excluding adult entertainment.

“Waste-to-Energy Plant” means a facility that generates energy in the form of electricity and/or heat from the primary treatment of waste that excludes hazardous or recyclable materials.

“Water Recharge Area” means a natural area in which water enters an aquifer.  In a recharge area, surface water or precipitation percolates through relatively porous, unconsolidated, or fractured materials, such as sand, moraine deposits, or cracked basalt, that lie over a water bearing, or aquifer, formation.

“Water Supply Facility” refers to the real property and the plants, structures, and interconnections between machinery and equipment for the collecting, impounding, storing, improving, treating, filtering, conserving or transmitting of water for the purpose of making available a supply of water.

17.90.020 Purpose and Scope.

The PUEBLOPLEX ZONING DISTRICT (P-1) designation was formally created in 2018 to establish a zoning district for the PuebloPlex property due to its unique nature, location and conditions.  The following regulations ensure orderly and thorough planning and review procedures that result in high quality project design and encourage variety in architectural design through techniques including, but not limited to:  variations in building style, lot arrangements and site planning for this unique area.

1. Purpose: A parcel of land planned for land uses, and public or common spaces, with increased flexibility in regulations.  The greater flexibility in locating buildings and combining compatible uses make it possible to achieve economies of construction as well as preserving open space.
2. Scope: The PuebloPlex (P-1) regulations that follow shall apply generally to the initiation and regulation of all development within the PuebloPlex District.  An approved P-1 Development Plan shall be specific to that particular project or area as approved administratively in the Uses by Right (Section 17.90.020) upon review by the Planning and Development Director and by approval from the Board of County Commissioners for the Uses by Board Approval (Section 17.90.030).  A Development Plan must be submitted as per Development Plan requirements, Section 17.90.070.
   1. It is intended to permit establishment of projects for specialized purposes where the location, area, and character for the uses and structures proposed are to be planned and developed.  Suitability of areas for the development proposed shall be determined primarily by reference to the general compatibility and suitability of the use, but due consideration shall be given to existing and prospective character of surrounding development.
   2. Within P-1 District, regulations adapted to such unified planning and development are intended to accomplish purposes of zoning and other applicable regulations to promote economical and efficient land use, an improved level of amenities, appropriate and harmonious variety, creative design, and a better environment.
   3. Open Space Dedication: Open space shall be included in all residential developments.  A dedication of open space shall be calculated per requirements in Section 16.42.120.

17.90.030 Uses by right.

Agricultural Production
Alcohol Beverage
Amphitheater
Apartment building
Auto garages
Auto, service and body work
Beekeeping
Building Material and Landscaping Sales
Bus Shelter
Call Center
Child Care Center
Church and religious buildings
Clinic, Dental or Medical
College
Community Center
Convenience Store
Display Gallery
Dormitory
Dwelling--condominium
Dwelling--townhouse
Emergency Facility
Exhibition Center
Food Truck
Gasoline Service Station
Golf Course
Government office
Greenhouse and Nursery
Hay, grain, feed, seed and fertilizer – storage
Health/Fitness Facility
Hemp Establishment
Hemp Processing
Kennel
Laboratories, Analytical and Research
Law Enforcement Training Facility, Outdoor
Library
Live/Work Unit
Machinery Manufacturing and Fabrication
Manufacturing and Fabrication
Medical Marijuana Contiguous Optional Cultivation Facility
Medical Marijuana Non-Contiguous Optional Cultivation Facility
Mini storage
Multi-modal Loading and Unloading Facility
Museum
Outdoor Storage
Parking Structure
Parking Surface Lot
Parks
Pharmaceuticals Manufacturing and Fabrication
Playgrounds
Professional Office
Public Safety Facility
Rail Cars, Storage, Repair and Restoration
Recycling Collection Center
Recycling Processing Center
Research and Development Facilities
Residence, one-family
Residence, over four-family
Residence, three- and four-family
Residence, two-family
Rest Stop
Restaurant
Retail and Personal Service Uses
Retail Marijuana Contiguous Cultivation Facility
Retail Marijuana Non-Contiguous Cultivation Facility
Retail Sales Establishment
Shopping Center
Social Service Organization Facility
Stable
Textile Manufacturing
Theater
Trade School
Trails
Vehicles and Trucks Manufacturing and Fabrication
Warehouse
Water Recharge Area

17.90.040 Uses by Board Approval.

Aerospace Activities
Aerospace Manufacturing and Fabrication
Areas and Activities of State Interest, subject to Title 17 - Division II. Area and Activities of State and Local Interest
Autonomous Vehicle Test Site
Bioengineering Facility
Biofuel Energy Development Facility
Cogeneration Facility
Composite and Steel Manufacturing and Fabrication
Electronics Manufacturing and Fabrication
Geothermal Facilities
Hazardous Waste Incinerator or Processor Sites, subject to Title 17 Land Use, Division III. Hazardous Waste Incinerator or Processor Site Certificate of Designation
Hazardous Waste Research and Development
Hazardous Waste Testing Facility
Hospital
Industrial Laboratory Facility
Mineral and Natural Resource Extraction
Mining Operation and Processing
Passenger Terminal
Space Port Facility
Stadium Telecommunications Tower 
Waste-to-Energy Facility

17.90.050 Similar Use Determinations.

1. Purpose and Applicability.  All possible uses may not be listed within the provisions of this Title, and new uses may evolve over time.  When a particular use is not specifically listed in this Zoning Ordinance and it is unclear whether the use is permitted, the provisions established in this Chapter allow the Approving Authority, by formal action, to determine whether or not a proposed use is similar to a permitted or conditionally permitted use and whether such proposed use may be permitted.


2. Approving Authority.  The Planning and Development Director shall be the designated Approving Authority for Similar Use Determinations.


3. Procedure. This process will be conducted by the Planning and Development Director as part of building permit review, land use entitlement, or other County application review. No public hearing is required to a Similar Use Determination


4. Approval Findings. In determining "similarity", the Approval Authority shall make all of the following findings:
   1. The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher level of activity or greater impact than the uses listed in the Zoning District.
   2. The proposed use will be consistent with the purposes of the Zoning District.
   3. The proposed use will be consistent with the Comprehensive Plan, any applicable Specific Plan, and the Pueblo County Code.


5. Record and Notification of Determinations.  Determinations shall be made in writing and shall contain the facts that support the determination.  The Planning and Development Department shall maintain all such determinations on record for review by the general public upon request.  A decision shall be rendered within ten (10) working days of receipt of a complete application.  The notice of decision shall be provided, in writing, to the applicant and interested parties within five (5) working days after the date of decision.  The notice shall include:
   1. A brief statement explaining the criteria and standards considered relevant to the decision.
   2. A statement of the standards and facts relied upon in rendering the decision.
   3. An explanation of appeal rights and appeal deadlines.

17.90.060 Administrative Approval Procedure.

1. Purpose and Applicability.  The purpose of the Administrative Approval is to provide a streamlined process for approving development in PuebloPlex while ensuring compatibility and design standards as intended by the PuebloPlex Redevelopment Plan and the P-1 Zoning District are maintained with increased flexibility in site regulations.  The greater flexibility in locating buildings and combining compatible uses make it possible to achieve economies of construction as well as supporting the intent of the PuebloPlex Redevelopment Plan and the P-1 Zoning District.


2. Approving Authority.  The Planning and Development Director shall be the designated Approving Authority for Administrative Approvals.


3. Procedure.  This process will be conducted by the Planning and Development Director as part of building permit review, land use entitlement, or other County application review.  No public hearing is required to an Administrative Approval.  Requests for an Administrative Approval shall be made on forms provided by the Planning and Development Department.  No application will be accepted unless complete.


4. Approval Findings.  The Approval Authority shall make all of the following findings:
   1. The proposed use will be consistent with the purposes of the Zoning District.
   2. The proposed use will be consistent with the Comprehensive Plan, any applicable Specific Plan, and the Pueblo County Code.


5. Record and Notification of Determinations.  Determinations shall be made in writing and shall contain the facts that support the determination.  The Planning and Development Department shall maintain all such determinations on record for review by the general public upon request.  A decision shall be rendered within fifteen (15) working days of receipt of a complete application.  The notice of decision shall be provided, in writing, to the applicant and interested parties within five (5) working days after the date of decision.  The notice shall include:
   1. A brief statement explaining the criteria and standards considered relevant to the decision.
   2. A statement of the standards and facts relied upon in rendering the decision.
   3. An explanation of appeal rights and appeal deadlines.

17.90.070 Board Approval Procedure.

1. Purpose and Applicability.  The purpose of the Board Approval is to provide a streamlined process for approving high intensity development in PuebloPlex while ensuring compatibility and design standards as intended by the PuebloPlex Redevelopment Plan and the P-1 Zoning District and increased flexibility in site regulations due to the unique nature of PuebloPlex.


2. Approving Authority.  The Board of County Commissioners shall be the designated Approving Authority for Board Approvals.


3. Procedure.  Complete applications will be scheduled before the Board of County Commissioners on forms provided by the Planning and Development Department.  No application will be accepted unless complete.  Information on the specific hearing dates can be obtained from the Planning and Development Department.

   Notice of the public hearing will be sent to property owners and lease holders whose property or business abuts or is within three hundred feet (300 ft.) of the exterior boundaries of the subject property or project and published in the newspaper.  Notice of the development review by Board Approval will be posted on or near the subject property.  The Board of County Commissioners considers the following factors in reaching its decision:

   1. Is the requested use listed as a Use by Board Approval in the P-1 Zoning District?
   2. Will the granting of Board Approval substantially modify the Comprehensive Plan, any applicable Specific Plan, or the Pueblo County Code?
   3. Does the proposal incorporate reasonable means to create an environment harmonious with that of the surrounding properties?
   4. Will the Use by Board Approval adversely affect the public health, safety, or welfare?

17.90.080 Development Plan Requirements.

1. The location, height and dimensions of each existing and proposed structure in the development area and the uses to be contained therein;
2. The development boundary and the proper building setbacks and building area with reference to said boundary lines and any applicable property lines, highways, or street rights-of-way;
3. The location and surfaces of all parking areas, drive aisles and internal roads, and the exact number of parking spaces or an approved parking plan for the proposed development;
4. The location of watercourses and other natural and historic features;
5. The location of all pedestrian walks, malls, recreation, and other open spaces;
6. The location of proposed landscaping;
7. The location, number, height and square footage of signs for commercial and industrial uses or an approved signage plan for commercial and industrial uses;
8. The location, height, size and orientation of any required light standards;
9. The location of all permanent accesses from publicly dedicated or private streets, roads or highways;
10. The location, overlain on contours for the area, of all roadways, walkways, bridges, culverts, drainage easements, existing or contemplated, and greenbelts;
11. The location of all footpaths, traffic islands, traffic devices, driveways, indicating the pedestrian and vehicular movement and control;
12. The stages, if appropriate, in which the project will be developed;
13. A vicinity map to locate the development in relation to the community;
14. Any existing plats and improvements of adjacent properties lying within three hundred (300) feet of the proposed project;
15. All proposed uses, structures and other natural or manmade features including the relationship with uses, structures and features to internal and adjoining uses, structures, features, landscaping and transportation facilities;
16. A summary data chart indicating size of the development, proposed population and dwelling unit density if applicable, land uses within the approximate acres and percent of development.
17. Preliminary architectural drawings, elevation, renderings or other graphic illustration of structures may be presented at the option of the applicant; and
18. The location of any loading area if a commercial or industrial building.

17.90.090 Development Standards.

The following standards shall apply to development on a development site, parcel or lot unless otherwise approved in a Development Plan.

17.90.100 Off-Street Parking and Loading.

Unless otherwise approved by the Development Plan, off-street parking shall be provided in accordance with Chapter 17.112 of this Title.

17.90.110 Advertising Devices.

Unless otherwise approved by the Development Plan, advertising devices shall be provided in accordance with Chapter 17.116 of this Title.

17.90.120 Fences, Walls and Hedges.

Unless otherwise approved in a Development Plan, fences, walls and hedges shall be as provided in Chapter 17.120.160 of this Title.

17.90.130 Landscaping.

Landscaping requirements shall be as is established by the Development Plan as approved by the Zoning Administrator for Administrative approvals by the Board of County Commissioners.

17.90.140 Outdoor Lighting.

Unless otherwise approved in a Development Plan, outdoor lighting shall be as provided in Chapter 17.120.180 of this Title.

17.90.150 Provisions for Public Facilities and Services.

The P-1 District shall be subject to the terms and requirements of all applicable development standards and regulations relating to the provision and financing of necessary public services and facilities.  Determinations concerning the adequacy and efficiency of the provision of the described public services and facilities, and the financing of the same, shall be based upon standards and criteria adopted by the Board of County Commissioners, and may include a requirement that the applicant agree, by appropriate written agreement, to contribute a fair and equitable share of the costs of necessary public services and facilities through the payment of development fees, special assessments, participation in a local improvement district or special district, or other similar mechanism for the provision and financing of adequate public services and facilities.

17.90.160 Performance Standards.

1. Sounds resulting from the industrial or business activity, as measured at the outer boundaries of the development site/parcel/lot, shall not exceed the decibel levels established in C.R.S. 25-12-103, as now enacted or amended;
2. No vibration resulting from the industrial or business activities shall be measurable at the outer boundaries of the development site/parcel/lot;
3. No obnoxious or noxious odors resulting from the industrial or business activities shall be discernible at the outer boundaries of the development site/parcel/lot;
4. The emission of any air pollutant resulting from the industrial or business activities shall not exceed levels established for stationary sources in the Colorado Department of Public Health and Environment’s Regulation No. 1;
5. No noxious gases resulting from any industrial or business activity shall be discernible at the outer boundaries of the development site/parcel/lot;
6. No glare of heat shall be discernible beyond the outer boundaries of the development site/parcel/lot;
7. Industrial wastes shall be so deposited, stored, and transmitted from the development site/parcel/lot as to not be objectionable to adjacent development sites/parcels/lots or create a public nuisance; and
8. All outdoor storage areas shall be suitably fenced.

17.90.170 Screening and Buffering.

1. Screening and buffering shall be used to mitigate adverse visual impacts, obscure outdoor storage areas, and to provide for compatibility between dissimilar adjoining uses.  Special consideration will be given to the buffering and screening between residential uses and commercial or industrial uses, and in visually sensitive areas.  It is not the intent of this Chapter to require screening or buffering of principal structures, or of products displayed for retail sale.
2. Screening and buffering may be accomplished by the use of sight-obscuring plant materials, earth berms, walls, fences, building parapets, building placement or other design techniques.  Corrugated metal, doors, or similar “scrap” materials shall not be used for screening and buffering.
3. Screening is required to substantially block any view of material, equipment, or stored vehicles from any point located on a street or adjoining property adjacent to the site.  A sight-obscuring fence at least six (6) feet in height is required around the material or equipment.
4. Screening and buffering shall be indicated on the development plan and submitted for review to the Pueblo County Department of Planning and Development.  The development plan shall specify all screening and buffering materials, type of landscaping, and elevations to depict compliance with these requirements.  Screening and buffering not specifically mentioned in these regulations but found appropriate and necessary due to unusual conditions on the site, may be required. (Res. P&D 20-028, app. 9-10-2020)