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Staff tells commission state law limits local rules on parcels over 25 acres

Westminster Planning Commission ยท August 18, 2025
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Summary

Planning staff said state law and attorney guidance prevent the city from imposing certain regulations on parcels larger than 25 acres; staff advised rezoning (not a variance) is required to grant local permissions tied to zoning.

Planning department staff told the commission that state law restricts the city's ability to regulate firearm discharge on parcels larger than 25 acres and that local ordinances cannot supersede that limitation.

Staff explained the 25-acre threshold is drawn from state law and attorney guidance; as one staff member put it, "State law explicitly prohibits us from making a regulation that restricts or protects individual [lots] over 25 acres or more." Staff also described that requests to allow discharge on a large parcel would typically proceed via rezoning to a rural residential district (a planning commission and council action), not a variance to the board of zoning appeals.