§ 4.3. OVERLAY ZONING DISTRICTS

4.3.1.   CAD-O, Commercial Airport Overlay District

(A)

Purpose. These airport hazard regulations are adopted pursuant C.R.S. §30-28-113 and 41-4-101. In connection therewith, the BoCC finds:

• The Federal Aviation Administration (FAA), in accordance with 14 CFR Part 77, has determined that certain land uses create, establish, enhance, or maintain hazards to air navigation and are or may be a public nuisance and an injury to the communities served by the airports;

• The free and unobstructed passage of all aircraft, regardless of the owner or operator of such, in, through, and across all of the navigable airspace above the communities served by the airports is a defined right under federal and state law including but not limited to 14 CFR Part 91.119, and CRS §41-1-106 and CRS §41-1-107 as amended, or any similar regulation or statue which may hereinafter be enacted in total or in part;

• Private property owners have a property interest in useable airspace above the surface of their property;

• That non-conforming use may be created, which are subject to the non-conforming use rights and restrictions as established by this Code;

• That the BoCC in adopting these regulations intends to exercise the full extent of its authority to protect the public health, safety, and general welfare of the citizens of El Paso County; and

• That these regulations support and implement the Master Plan.

(B)

Commercial Airport Overlay District Map. The Commercial Airport District shall be shown on maps, charts and other documents which are made a part of this Code. Any change in the Commercial Airport District Map shall be deemed in force upon adoption by the BoCC. The CAD-O Zoning District is an overlay district. The CAD-O Zoning District is comprised of four Sub-Zones: Aircraft Navigation Sub-Zone (ANAV), Airport Noise Sub-Zone (ADNL) [65 DNL line], Accident Potential Zone I (APZ-1) [Class A Runway Accident], and Accident Potential Zone II (APZ-2) [Class A Runway].

Should any part of the CAD-O Overlay District be declared inapplicable by reason of action of: (1) the BoCC in amending this Code, or (2) the BoCC, or any court of competent jurisdiction in interpreting this Code, the underlying zoning shall remain un-changed.

Adoption of the Commercial Airport District Map by El Paso County and as referenced in this Section does not impose in the unincorporated area of El Paso County any additional height or use restrictions from those uses or height restrictions identified in these overlay zoning regulations.

(C)

Regulations Cumulative and Relationship of CAD-O to Base Zoning District. All regulations within the CAD-O Zoning District shall be cumulative. In cases in which the provisions of the CAD-O Zoning District and the base zoning district conflict, the most restrictive provisions shall apply.

(D)

Nonconforming Uses in the CAD-O.  

(1)

No Change to Existing Uses Required. Nothing in this Section shall require a change in any lawfully constructed building, structure or use in existence at the time of adoption or amendment of the CAD-O Zoning District to continue its current lawful use, nor shall this Section prohibit reconstruction if partially or completely destroyed, nor shall this result in additional requirements for approved variances other than those requirements for lighting and marking as may be required.

(2)

No Prohibition on Continuance. None of the provisions of the CAD-O Zoning District shall be construed to prohibit the continuance, expansion or re-establishment under current law of any existing use. Noise reduction design standards apply only to new structures and uses of land and not to structural additions.

(3)

Existing or Approved Mobile Home Spaces. Mobile homes moved on to existing or approved mobile home spaces are exempt from the requirements of the CAD-O Zoning District.

(E)

Allowed and Special Uses. Table 4-7 lists allowed and special uses within the CAD-O zone. The most restrictive CAD-O sub-zone and base zoning district use provisions shall control.

Table 4-7. Commercial Airport Overlay District Land Use.

	CAD-O Sub-Zone
Use	ADNL	APZ-1	APZ-2	ANAV
Mobile Homes				A
Single-Family Residences			A	A
Multiple-Family Residences; Residential Hotels; Convalescent Hospitals			A	A
Mixed Use if involving residential component	S	S	A	A
Hotel	S		A	A
Hospitals, Institutional Uses	S		A	A
Religious Uses, School,	A	A	A	A
Playgrounds; Parks; Arenas	A	S	S	A
Golf Courses; Cemetery; Stables	A	S	A	A
Offices	S 2, 4	S	A	A
Commercial, Retail & Wholesale, Sexually-Oriented Business	A	S	A	A
Warehouse; Light Manufacturing; Industrial; Laboratories: Wholesale	A	A	A	A
Farming; Ranching; Feed Lots; Related Agricultural Uses	A	A	A	A
A = Allowed Use, S = Special Use
Note: The boundary of the ADNL District reflects the 65 DNL line.
Public assembly areas, noise-sensitive cultural activities, and nature exhibits are discouraged.
Many service type businesses which may be disturbed by noise should not be located in an area with greater than 65 Day-Night Equivalent Sound Level (Ldn).
Airport Activity Notice and Disclosure or equivalent required, if not already recorded, in order to secure a building permit or development permit.
A 30 dbA indoor noise reduction shall be achieved by approved construction techniques as evidenced by Noise Reduction Certificate. In the case of land uses classified as industrial uses, only the office portion of the building is required to achieve the noise reduction.

 

(F)

Development Requirements within the CAD-O.  

(1)

ANAV Sub-Zone.  

(a)

Rezoning or Subdivision Plat. The following are required prior to approval of any rezoning or subdivision plat:

• The request shall be referred to Airport Advisory Commission for review and comment.

• Airport Activity Notice and Disclosure shall be required to be recorded against the title of the property as a condition of approval.

(2)

ADNL Sub-Zone.  

(a)

Building Permit. The following are required to secure a building permit or authorization of use, if not previously completed as a part of a previous development review process:

• All requests will be referred to the Airport Advisory Commission for review and comment.

• If the request is located within an existing residential zone or platted as residential, a noise level reduction of 30 dbA shall be achieved through approved construction techniques as evidence by the provision of a Noise Reduction Certificate.

• Non-residential land uses as identified in Table 4-7 shall achieve a 30 dbA noise reduction by approved construction techniques as evidenced by a noise reduction certificate.

(b)

Rezoning. Land should not be rezoned to a residential or multifamily district which allows a higher density than the current zoning of the property. In the event of a rezoning or variance action to allow a residential zoning with a higher density than the current zoning of the property, the BoCC shall include specific findings relative to airport noise within the approval resolution and shall require appropriate noise mitigation measures.

(3)

APZ-1 Sub-Zone.  

(a)

Restrictions. The following restrictions shall apply within the APZ-1 sub-zone:

• Certain commercial, industrial and manufacturing uses that result in the congregation of people, as identified in Table 4- 7 are either a special use or prohibited, whether or not noise level reduction is proposed or required.

• Residential land uses including caretaker residences or accessory dwellings are prohibited.

(b)

Rezoning. Land should not be rezoned to a residential or multifamily district. In the event of a rezoning action or variance to allow a residential zoning with a higher density than the current zoning of the property, the BoCC shall include specific findings relative to airport noise within the approval resolution and shall require appropriate noise mitigation measures.

(4)

Required Findings in Approving Special Use within the CAD-O. Instead of the special use findings of Chapter 5, the following additional finding shall be made in approving any special use identified in Table 4-7:

The proposed use is compatible with the nearby Colorado Springs Municipal Airport considering 1) the safety, noise and lighting impacts (these impacts do not include imposition of additional height restrictions) on the proposed use by the airport operations; and 2) the safety and lighting impacts of the proposed use on the airport.

(5)

Construction or Alteration Requiring FAA Notice. Any person proposing construction or alteration of an improvement shall notify the FAA where required, in accordance with 14 CFR Part 77, as amended or any similar regulation or statute which may hereinafter be enacted in total or in part. Any notice required by this Section shall be on FAA Form 7460-1 "Notice of Proposed Construction or Alteration," available from the regional offices of the FAA. Notice required under this part shall be completed and a Determination from the FAA be made as an attachment to development applications, where required.

(6)

Installation and Maintenance of Marking or Lighting on Improvements Requiring FAA Notice. The BoCC may condition any development approval for a chimney, steeple, crane, tower, etc., with a requirement that the owner of the improvement install, operate and maintain, at the owner's expense, markers and lights as may be necessary to indicate to aviators the presence of an obstruction to flight as may be required to comply with the requirements of the FAA and/or FCC. The BoCC may, with the permission of the owner and at its own expense, install and operate markers or lights as may be necessary upon existing improvements within the CAD-O Zoning District in conformance with the standards of the FAA and/or FCC. After initial installation, the BoCC may upon written notice to the owner, require the owner to maintain those markers or lights in conformance with the standards of the FAA and/or FCC.

4.3.2.   GA-O, General Aviation Overlay District

(A)

Purpose. The GA-O Zoning District is intended to apply to land within and surrounding airports to protect those airports using non-instrument runways for general aviation purposes.

(B)

Applicability. The GA-O Zoning District regulations shall apply where adopted to all new airports established and to all runway extensions of existing airports, except the Colorado Springs Municipal Airport.

(C)

Effect of GA-O Zoning District. The GA-O Zoning District regulations apply in combination with base zoning district regulations, recorded plats, and all other applicable standards of this Code. When GA-O Zoning District standards conflict with the underlying base zoning district standards or other regulations of this Code, the regulations of the GA-O Zoning District will always govern. When no special GA-O Zoning District standards are specified, all other applicable regulations of this Code will govern.

(D)

General Aviation Overlay District Map. The GA-O Zoning District shall be shown on maps, charts and other documents which are hereby made a part of this Code. Any change in the General Aviation District Map shall be deemed in force upon adoption by the BoCC. The GA-O Zoning District is an overlay district. Within the GA-O Zoning District, Sub-Zones of greater detail, description, and restriction may be proposed and adopted in accordance with the provisions for adoption of the GA-O Zoning District.

Should any part of the GA-O Overlay District be declared inapplicable by reason of action of; (1) the BoCC in amending this Code, or (2) the BoCC, or any court of competent jurisdiction in interpreting this Code, the underlying zoning shall remain unchanged.

Adoption of any General Aviation Overlay District Map by El Paso County and as referenced in this Section does not impose in the unincorporated area of El Paso County any additional height or use restrictions identified in these overlay zoning regulations.

(E)

Use Restrictions. No building or land may be used and no building may be erected, converted, or structurally altered except in accordance with the following requirements.

(1)

Meadowlake Airport GA-O Uses. The following uses are allowed in the non-residential area of the Meadowlake Airport included in the GA-O Zoning District, in addition to those uses allowed in the underlying base zoning district:

• Aero club facilities

• Aircraft maintenance facilities

• Airfields and landing strips

• Airport terminals, related supporting facilities

• Aviation control towers

• Hangars and tie-down facilities

• Navigation instruments and aids

• Aviation related businesses

(2)

Rezoning within a GA-O. The base zoning district for land within a GA-0 zoning district should not be rezoned to a residential or multifamily zoning district which allows a higher density than 1 dwelling unit per 2.5 acres.

(3)

Construction or Alteration Requiring FAA Notice. Any person proposing construction or alteration of an improvement shall notify the FAA where required, in accordance with 14 CFR Part 77, as amended or any similar regulation or statute which may hereinafter be enacted in total or in part. Any notice required by this Section shall be on FAA Form 7460-1 "Notice of Proposed Construction or Alteration," available from the regional offices of FAA. Notice required under this part shall be completed and a determination from the FAA be made as an attachment to development applications, where required.

(4)

Installation and Maintenance of Marking or Lighting on Improvements Requiring FAA Notice. The BoCC may condition any development approval for a chimney, steeple, crane, tower, etc., with a requirement that the owner of the improvement install, operate and maintain, at the owners' expense, markers and lights as may be necessary to indicate to aviators the presence of an obstruction to flight in as may be required to comply with the requirements of the FAA and/or FCC. The BoCC may, with the permission of the owner and at its own expense, install and operate markers or lights as may be necessary upon existing improvements within the GA-O Zoning District in conformance with the standards of the FAA and/or FCC. After initial installation, the BoCC may, upon written notice to the owner, require the owner to maintain those markers or lights in conformance with the standards of the FAA and/or FCC.

(5)

Airport Activity Notice and Disclosure. As a condition of BoCC approval, with any rezoning or subdivision action, the owner is required to record the Airport Activity Notice and Disclosure against the property as a condition of approval.

(F)

Federal Aviation Administration Standards. All development in the GA-O Zoning District shall comply with any applicable restrictions contained in Title 14 of the Code of Federal Regulations, Subchapter I, Federal Aviation Regulations.

4.3.3.   RLUP-O, Rural Land Use Plan Overlay District

The Rural Land Use Plan Overlay District was removed from this Code by Board of County Commissioner Resolution No. 15-461. Any Rural Land Use Plan approved prior to the adoption of this Code or as otherwise amended, shall be governed by the approved and/or recorded Rural Land Use Plan, conditions of Board approval as contained in the recorded Board Resolution of the same and the Code in effect at the time of approval. Amendments or modifications deemed to minor by the determination of the Planning and Community Development Director may be approved administratively; those amendments or modification deemed to be major and/or substantial shall require approval by the Board of County Commissioners.

4.3.4.   HR-O, High-Rise Overlay District

(A)

Purpose. The HR-O district is intended to accommodate taller buildings than otherwise allowed by the base zoning districts of this Code.

(B)

Application to Base Zoning Districts. The HR-O district may only be applied in combination with the CS, CR, and RM-30 zoning districts.

(C)

Floor Area Ratio (FAR).  

(1)

FAR Limits. The following floor area ratio limits shall apply:

4 times the total lot area in the CS district

4 times the total lot area in the CR district

3 times the total lot area in the RM-30 district

(2)

Parking Excluded from FAR. Indoor parking area on the lot or premises for vehicles shall not be counted as floor area for the purpose of computing maximum floor area ratios.

(D)

Lot Area Per Dwelling Unit (RM-30 District only).  

(1)

Minimum Lot Area Per Dwelling. The minimum lot area per dwelling unit is as follows:

• 1 story building: 2,000 square feet of lot area per unit

• 2 story building: 1,500 square feet of lot area per unit

• 3 story building: 1,200 square feet of lot area per unit

• 4-5 story building: 900 square feet of lot area per unit

• 6-7 story building: 700 square feet of lot area per unit

• 8-9 story building: 500 square feet of lot area per unit

• 10+ story building: 475 square feet of lot area per unit

(2)

Indoor Parking Added to Lot Area. Indoor parking area on the lot or premises for vehicles will be considered as additional lot area for the purpose of computing lot area per dwelling unit.

(E)

Area Volume Limitations. No part of any structure (except church spires, church towers, flag poles, antennas, chimneys, flues, vents, cooling towers, elevator and mechanical penthouses and accessory water tanks) or any portions of the structure not used for human occupancy, may project through planes with a pitch of 3 vertical to 1 horizontal from lines 20 feet above lot lines and the center of roads between lot lines.

(F)

Solar Access. No structure shall be established in an HR-O district that would materially diminish the solar access rights of an adjoining property owner.

4.3.5.   WSE-O, Wind and/or Solar Energy Generation Plan Overlay District

(A)

General.  

(1)

Purposes.  

(a)

General.  

• To regulate wind and/or solar energy generation facilities.

• To site wind and/or solar energy generation facilities where they are most appropriate, considering impacts to the environment, visual corridors, existing infrastructure, and the established development pattern.

• To ensure the preservation of public health, safety, and welfare.

• To provide a regulatory scheme that is designed to address certain standards regarding setbacks, height restrictions, and other requirements for wind and/or solar power energy generation facilities.

• To provide mitigation measures for impacts associated with large-scale wind and/or solar energy generation facilities.

• To provide greater design flexibility and efficiency in siting wind and/or solar energy generation facilities.

(2)

Application, Review, and Fees.  

(a)

Application.  

• An application for rezoning is required in order to obtain wind and/or solar energy generation plan overlay district (WSE-O) zoning.

• The submittal and review process for a WSEO application shall follow the provisions outlined in Section P-AR-034-11, Wind/Solar Energy Generation Plan Overlay (WSEO) Rezoning (Map Amendment), and Section S-PL-023-011, Wind/Solar Energy Generation Overlay (WSEO) Plan, of the Procedures Manual.

(b)

Review. The El Paso County Planning Commission shall review and make recommendation on all WSE-O rezoning applications The El Paso County Board of County Commissioners shall review and take final action on all wind/solar energy generation plan overlay rezoning applications.

(c)

Fees.  

• The application fee associated with a WSE-O rezone request shall be calculated based on cost of service.

• The application fee associated with administrative site development plan requests shall be determined by the Planning and Community Development Department adopted fee schedule.

• For those projects that, because of their size, type of operation, or technical details which are beyond the technical expertise of the El Paso County staff and require review and the provision of appropriate technical expert testimony at any required public hearing(s) before the County's governmental bodies or contracted employees of the County, the costs for said review and the provision of said expert shall be paid by the applicant. The extent and nature of said costs shall be established between the applicant and El Paso County prior to formal submittal.

(3)

Applicability.  

(a)

General. A WSE-O function in combination with base zoning districts to both modify the existing standards associated with the base zoning districts and to impose additional requirements and standards on specific properties.

(b)

Zoning Requirements. The WSE-O district can be applied in all zone districts.

(4)

Definitions.  

(a)

Wind Energy Generation Facility. A large-scale electrical energy generation facility with a minimum energy generation capacity of 500 kilowatts typically consisting of wind turbines, meteorological data gathering devices, collection lines, electrical substation(s), transmission line(s), and other appurtenant facilities.

(b)

Solar Energy Generation Facility. A large-scale electrical energy generation facility with a minimum energy generation capacity of 500 kilowatts typically consisting of photovoltaic panels, heliostats (mirrors), collection tower(s), turbine(s), collection lines, electrical substation(s), transmission line(s), and other appurtenant facilities.

(5)

Compliance with County, State, and Federal Laws and Regulations. The WSE-O district and WSE-O plan shall comply with all applicable County regulations and ordinances, State laws and statutes, and federal law and regulations, except as otherwise modified within.

(B)

Development Standards.  

(1)

Establishment and Applicability of Standards.  

(a)

Established Purpose and Intent of WSEO Plan. The WSE-O plan shall include a statement establishing the purpose and intent of the WSE-O zoning district.

(b)

Use, Dimensional, and Development Standards Included. Use, dimensional, and development standards are intended to create a regulatory scheme necessary for development within the WSE-O zoning district. The use, dimensional, and development standards for a WSE-O district shall be set forth in the approved WSE-O plan, and shall include: uses, maximum structure height(s), minimum setbacks, structure elevations, access, accessory structures, signage, lighting, project phasing, and other standards necessary to administer the plan.

An application for WSE-O zoning district shall consider the following standards:

(i)

Allowed Principal Uses. Includes the following: wind turbines, solar panels, transmission lines, substations, meteorological monitoring devices, and energy generation facility-related temporary batch plants.

(ii)

Allowed Accessory Uses. Includes the following: collection lines, maintenance facilities, and any other accessory uses necessary to carry out the intent of the overlay zoning.

(2)

Structure Standards.  

(a)

Maximum Structure Height.  

(i)

For the wind turbines, solar panels, meteorological monitoring devices, and substations the height restriction is established by the specific wind/solar energy generation overlay district zoning and development plan. Wind turbine height shall be measured from finished grade to the tip of the blade in the vertical position.

(ii)

All other structures shall comply with the height restriction established by the underlying zone district (A-35, A-5, RR-5, etc.) unless otherwise established by the specific wind/solar energy generation overlay district zoning and development plan.

(b)

Structure Setbacks.  

(i)

Wind turbines and meteorological monitoring devices shall be setback 1½ feet for every 1 foot of height from all wind/solar energy generation overlay zone district boundaries, existing dwellings, public rights-of-way, and existing above-grade utility facilities unless otherwise established by the specific wind/solar energy generation overlay district zoning and development plan (e.g. the impacts of the setback encroachment can be mitigate by establishing an external easement).

(ii)

For the purpose of calculating the applicable setbacks, wind turbine height shall be measured from finished grade to the tip of the blade in the highest vertical position.

(iii)

Wind turbines shall also be sited a minimum of 165 feet from the edge of any ridge with a slope greater than 20 percent.

(iv)

There shall be no setback requirement for the transmission lines.

(v)

All other structures shall be required to meet the setbacks of the underlying zone district unless otherwise established by the specific wind/solar energy generation overlay district zoning and development plan.

(vi)

Distance from Wetlands and Hazard. All development within the wind/solar energy generation overlay district shall comply with separation requirements set forth in this Code to protect and preserve wetlands, stream corridors, wildlife habitat, and hazard areas.

(3)

Roadway and Vehicular Access Standards.  

(a)

Road Design and Construction Standards.  

(i)

Private Access Roads. All private access roads shall be designed to ensure that emergency vehicles can gain access to the development. Such design shall be reviewed and approved by the respective fire district, if applicable, and/or the El Paso County Fire Marshal.

(ii)

Upgrading Existing Substandard County Roads. The applicant shall be required to upgrade any existing substandard County roadways/rights-of-ways that are necessary for access to the development whether for construction or maintenance. Whether a roadway/right-of-way is necessary for access to the development shall be determined by the required Transportation Impact Study and the associated Haul Route Plan. Prior to construction of such upgrades, the applicant is required to submit for review and receive approval by the ECM Administrator of the associated construction drawings, financial assurance estimate, and collateral.

(iii)

Reconstruction of Damaged County Roads.

Inclusion in Development Impact Mitigation Agreement

The associated development impact mitigation agreement shall include language that requires the applicant to rehabilitate all haul route roads impacted by the development. The reconstruction shall meet the requirements of the El Paso County Engineering Criteria Manual.

(4)

Storm Water Management and Drainage Standards.  

(a)

Design Standards. Storm water and drainage facilities shall meet the standards of the El Paso County Engineering Criteria Manual and the El Paso County Drainage Criteria Manual.

(C)

Decommissioning Plan and Agreement.  

(1)

Purpose. A wind and/or solar energy generation facility authorized by this overlay zone district shall provide a decommissioning plan and agreement to ensure that the wind and/or solar energy generation facility, and appurtenant facilities, are properly decommissioned.

(2)

Required. A decommissioning plan and agreement shall be required with all wind and/or solar energy generation plan overlay district applications and shall include:

Provisions describing the triggering events for decommissioning the wind and/or solar energy generation facility and appurtenant facilities;

Provisions for the removal of structures, debris and cabling, including those below the soil surface;

Provisions for the restoration of the soil and vegetation;

An estimate of the decommissioning costs certified by a professional engineer;

Financial assurance acceptable to the County, secured by the owner, for the purpose of adequately performing decommissioning, in an amount equal to the professional engineer's certified estimate of the decommissioning costs;

Identification of and procedures for County access to financial assurances;

A provision that the terms of the decommissioning plan shall be binding on the owner and any of their successors, assigns, or heirs; and

A provision that the County shall have access to the site, pursuant to reasonable notice, to effect or complete decommissioning.

(3)

Review and Approval. The Planning Commission shall review and make a recommendation to the Board of County Commissioners on all decommissioning plans as a part of the WSEO rezone application. The Board of County Commissioners shall have final review and approval authority of all decommissioning plans associated with any WSEO application.

(D)

Development Impact Mitigation Agreement.  

(1)

Purpose. The construction and operation of large scale wind and/or solar energy generation facilities typically result in external impacts to nearby properties and to the existing infrastructure. The standard method for addressing and mitigating development-related impacts is through a development agreement between the applicant, County, and/or any other party that may be impacted by the development.

(2)

Required. A development impact mitigation agreement shall be required with all wind and/or solar energy generation plan overlay district applications.

(3)

Review and Approval. The Planning Commission shall review and make a recommendation to the Board of County Commissioners on all development impact mitigation agreements associated with all WSE-O applications. The Board of County Commissioners shall have final review and approval authority of all development impact mitigation agreements.

(E)

Board of County Commissioner Approval of Major Amendments. A recommendation from the Planning Commission and a final action by the Board of County Commissioners are required for an amendment to the approved WSE-O plan that includes any of the following:

The addition of any uses or structures not authorized by the approved WSE-O plan.

Modification of any structure sitting envelope(s) resulting in noncompliance with the dimensional standards established by the approved WSE-O plan.

Modification of the dimensional standards established by the approved WSE-O plan.

Modification of the material terms of the associated impact mitigation development agreement, as defined by such agreement.

(F)

Administrative Approval of Minor Amendments. Any amendment to the approved WSE-O plan that does not constitute a major amendment, as established in subsection E above, shall be considered a minor amendment and may be reviewed and approved administratively. The PCD Director may, at any time, elevate and application for a minor amendment to the WSE-O plan for hearing by the Planning Commission and Board of County Commissioners.

(G)

Review Criteria for Approval of WSE-O Application.  

(1)

Review Standards. In approving a Wind and/or Solar Energy Generation Overlay Plan Map Amendment, the following findings shall be made:

• The application is in general conformance with the El Paso County Master Plan, including applicable Small Area Plans or there has been a substantial change in character of the neighborhood since the land was last zoned;

The rezoning is in compliance with all applicable statutory provisions, including but not limited to C.R.S. § 30-28-111, § 30-28-113, and § 30-28-116;

• The site is suitable for the intended use(s), including the ability to meet the general development standards of the Land Development Code, except as otherwise amended by the specific overlay zoning district;

• The application is consistent with the specific development standards in the Land Development Code pertaining to wind and/or solar energy generation facilities;

• The application meets the air, water, light, odor or noise standards established by County, State, or federal regulations;

• The proposed use(s) will not be detrimental to the health, safety, or welfare of the inhabitants of the area and the County; and

• The proposed use(s) will not cause undue burden on existing infrastructure.