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1. Terms used in this Code are defined as follows:

Abandoned sign means a sign that does not contain a message, or contains a commercial or event-based message that is obviously obsolete (e.g., the name of a business that is no longer operational, or an advertisement for an event that has already occurred), for a continuous period of sixty (60) days.

Accessory building means a subordinate building or structure, the use of which is customarily incidental to that of the main building or to the main use of the land, which is located on the same lot with the main building or use. Accessory buildings are only permitted when they are incidental or accessory to an existing and permitted principal or conditional use.

Accessory dwelling means an apartment integrated within a single-family dwelling or located in a detached accessory building, such as carriage houses or agricultural-type outbuildings, located on the same lot as single-family dwellings. In the Agriculture and Estate Residential Zoning Districts, accessory dwellings shall be limited to a minimum of five hundred (500) square feet and a maximum of one half (1/2) the total floor area of the primary residence. In the R-1 and R-2 Zoning Districts, accessory dwellings shall be limited to a minimum of five hundred (500) square feet and a maximum of one thousand (1,000) square feet in floor area. For purposes of calculating residential density, each accessory dwelling shall count as one-half (1/2) dwelling unit. There shall not be more than one (1) accessory dwelling located on a lot in addition to the single-family dwelling.

Accessory equipment means any equipment serving or being used in conjunction with a WCF, including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures.

Accessory use means a subordinate use, clearly incidental and related to the main structure, building, or use of land, and located on the same lot as that of the main structure, building or use. If the use is called out specifically in the table of permitted uses (Table 3-1), the requirements of the table apply.

Adjacent means meeting or touching at some point, or separated from a lot or parcel by one (1) of the following: a street, alley, or other right-of-way, lake, stream, or open space.

Adjacent property owner is an owner of record of any estate, right, or interest in real property abutting the subject property.

Administrative official means any employee who has the authority to approve or deny a land use decision, including but not limited to, land use applications and building permits.

Adult-oriented use means a use of property where the principal use, or a significant or substantial adjunct to another use of the property, is the sale, rental, display or other offering of live entertainment, dancing, or material which is distinguished or characterized by its emphasis on depicting, exhibiting, describing, or relating to specified sexual activities or specified anatomical areas as the primary attraction to the premises, including, but not limited to:

(1) Adult arcade, which means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

(2) Adult bookstore or adult video store, which means a place where books, magazines, motion pictures, prints, photographs, periodicals, video or audio recordings, novelties and devices, or any of these things, which have as their primary or dominant theme, matter depicting, illustrating, describing, or relating to specified sexual activities or specified anatomical areas, are sold or offered for sale to adults; and includes a place with only a portion or section of its area set aside for the display or sale of such material to adults, except that any place, otherwise included within this definition, that derives not more than 10 percent of its gross income from the sale of such material shall be exempt from the provisions of this section so long as such material is kept in a location where it is not visible and shall not be a self-service item for the customers of such place.

(3) Adult cabaret, which means a nightclub, bar, restaurant or similar business which regularly features:

(a) Persons who appear in a state of nudity;

(b) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(c) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(4) Adult motel means a hotel, motel, or similar business which offers private rooms to the public and provides patrons live performances or closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(5) Adult motion picture theater means a business where films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(6) Adult photo studio means any establishment which, upon payment of a fee, provides photographic equipment and/or models for the purpose of photographing specified anatomical areas.

(7) Adult theater means a theater, concert hall, auditorium, or similar business which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

(8) Peep booth means a viewing room, other than a private room, of less than one hundred fifty (150) square feet of floor space upon the premises of a sexually oriented business where there are exhibited photographs, films, motion pictures, video cassettes, or other video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.

(9) Private room means a room in an adult motel that is not a peep booth, has a bed in the room, has a bath in the room or adjacent to the room, and is used primarily for lodging.

(10) Sexual encounter establishment means a business or commercial establishment which, as one (1) of its primary business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas, when one (1) or more of the persons exposes any specified anatomical area.

(11) Sexually oriented business means an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment or other similar business and includes:

(a) The opening or commencement of any sexually oriented business as a new business;

(b) The conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business;

(c) The addition of any sexually oriented business to any other existing sexually oriented business;

(d) The relocation of any sexually oriented business; or

(e) The continuation of a sexually oriented business in existence on the effective date of the initial ordinance codified herein.

Agricultural activity. See “commercial agriculture.”

Agricultural land means land that is being used for commercial agriculture.

Agricultural uses means a category of land uses that includes agritainment and commercial agriculture.

Agritainment means a for-profit business operation, located and operated on agricultural land. The business provides educational and/or entertainment opportunities to its patrons in an agriculturally-oriented environment by way of activities, events, demonstrations, displays, interactive participation, tours, lectures, and/or the sale of agriculturally related products. Characteristic activities that may constitute an agritainment business include but are not limited to:

(1) Animal petting zoos and farm animal centers;

(2) Community events;

(3) Concessions;

(4) Country store/craft shops;

(5) Cultural or special events and religious festivals;

(6) Educational activities and programs;

(7) Farm tours;

(8) Farmers’ markets;

(9) Farm-life activities and entertainment; and

(10) Thematic vacations or events.

Alley means a minor or secondary way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.

Alteration means any change, addition or modification in construction, occupancy or use.

Alternative tower structure means manmade trees, clock towers, bell steeples, light poles, traffic signals, buildings, and similar alternative design mounted structures that are compatible with the natural setting and/or surrounding structures, and camouflage or conceal the presence of antennas or towers so as to make them architecturally compatible with the surrounding area. This term also includes any antenna or antenna array attached to an alternative tower structure. A stand-alone monopole (including a replacement pole) in the right-of-way that accommodates small cell wireless facilities is considered an alternative tower structure to the extent it meets the camouflage and concealment standards of this Code.

Animal unit means the number of animals grouped together to be counted as one unit. Animal units are calculated based on the following chart:

Livestock

Animals per Animal Unit

Cattle/Buffalo/Horse

1

Swine/Ostrich

5

Goat/Sheep/Llama

3

Poultry

50

Other livestock

1

Antenna means any device used to transmit and/or receive radio or electromagnetic waves such as, but not limited to, panel antennas, reflecting discs, microwave dishes, whip antennas, directional and nondirectional antennas consisting of one (1) or more elements, multiple antenna configurations, or other similar devices and configurations, and exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals.

Apiary means a place where one (1) or more beehives are kept.

Applicant is the owner of land, the owner’s authorized representative, or the optionee of the land, as well as mineral owners and lessees.

Appurtenances means the visible, functional, or ornamental objects accessory to and part of a building.

Aquifer recharge area means an area where water is absorbed into a natural aquifer adding to the zone of saturation.

Arcade is a series of arches supported on piers or columns.

Archery range means a facility where only bows and arrows may be used for target practice.

Area of lot means the total horizontal area within the lot lines of a lot.

Artisan studio and gallery means the workshop or studio of an artist, craftsperson, sculptor, or photographer, which workshop is primarily used for on-site production of unique custom goods through the use of hand tools or small-scale equipment, and only incidentally used, on an infrequent basis if at all, as an accessory gallery or for incidental sales.

Assisted living facility or congregate care means a special combination of housing, supportive services, personalized assistance, and/or health care designed to respond to the individual needs of those who need help with activities of daily living. The facility may have a central and/or private kitchen, dining, recreational, and other facilities, with separate bedrooms or living quarters, where the emphasis of the facility remains residential.

Attached sign means a sign that is attached to the outside of a building or located inside a building but is highly visible through a window, and obviously intended to attract the attention of a person outside of the building (e.g., a wall sign, projecting sign, awning sign, or window sign).

Awning means a roof-like cover of canvas or other material extending in front of a doorway or window, or over a deck, to provide protection from the sun or rain.

Awning or canopy sign means a sign that is mounted, painted, or attached to canvas or other material that is installed over a projecting structural framework above a building window or door.

Backyard chicken shall mean an accessory use in conjunction with an established single-family residence. A backyard chicken includes only hens. Roosters are not permitted as backyard chickens.

Banner means a type of temporary sign that is painted or printed on cloth, vinyl, or other flexible material, which is designed to be stretched between poles, fence posts or wire, or hung on walls with ties, clips, rails, brackets, hooks, or frames.

Banner frame means a frame system that is used for stretching banners, which is designed to prevent wrinkling and movement and to conceal fasteners.

Bar, tavern, or nightclub means a business that sells alcoholic beverages for on-premises consumption, and/or evening entertainment such as live music, comedy acts, a floorshow, or dancing. The use may include tables and chairs, but does not have fixed theater-style seating. The use may include the sale of light snacks (chips, pretzels, nuts, etc.) and sandwiches (prepackaged pizzas, burritos, subs, etc.) as required by the applicable liquor license (which may be any of the following classes of State alcohol licenses pursuant to C.R.S. § 12-47-401 et seq.: beer and wine, hotel and restaurant, tavern, vintner’s restaurant, or lodging and entertainment facility). The phrase “bar, tavern, or nightclub” does not include the phrase “sexually oriented business” or the temporary sale of alcohol for on-premises consumption.

Base station shall mean a structure or equipment at a fixed location that enables FCC licensed or authorized wireless communications between user equipment and a communications network. The definition of base station does not include or encompass a tower as defined herein or any equipment associated with a tower. Base station does include, without limitation:

(a) Equipment associated with wireless communications services such as private broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul that, at the time the relevant application is filed with the Town under this Article and has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support; and

(b) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (“DAS”) and small cell networks), that, at the time the relevant application is filed with the Town, has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

The definition of base station does not include any structure that, at the time the relevant application is filed with the Town, does not support or house equipment described in Subsections (a) and (b) of this definition.

Battery energy storage system means an electric storage resource capable of receiving electrical energy from the power grid and storing it in batteries for later provision of electrical energy back to the power grid, with a capacity of 150 MWh or greater. Battery energy storage systems with a capacity of less than 150 MWh are classified as “utilities, minor.”

Beacon, revolving means a rotating source of light.

Bed and breakfast means the use of a single-family detached building as a place of overnight accommodation, in which:

(1) Five or fewer guest rooms are rented to guests for daily and/or weekly terms;

(2) Breakfast is provided to guests; and

(3) The operator resides on the premises.

Bed and breakfasts may also provide a location for private events (e.g., weddings and receptions).

Bee means any stage of the common domestic honey bee, Apis mellifera species.

Beekeeper shall mean the person responsible for beekeeping on a designated property.

Beekeeping shall mean the owning and breeding of bees.

Bikeway means a path designed for use by bicyclists, which may be used by pedestrians.

Blank wall means an exterior building wall with no openings and a single material and uniform texture on a single plane.

Block means a unit of land, or a group of lots, bounded by streets or by a combination of streets and public lands or other rights-of-way other than an alley, waterways, or any barrier to the continuity of development, or land which is designated as a block on any recorded subdivision tract.

Board of Trustees (Board) means the governing board of the Town of Frederick.

Boarding and rooming house means a building or portion of which is used to accommodate, for compensation, four (4) or more boarders or roomers, not including members of the occupant’s immediate family who might be occupying such building. The word “compensation” shall include compensation in money, services, or other things of value.

Bracket sign means a type of permanent sign that is mounted above a principal entrance to a building, on a bracket that extends generally perpendicular to the building wall, with the bracket attached either to the building wall or to the underside of a canopy or awning structure.

Brewery means an industrial use with appropriate state liquor licensing, that is primarily a manufacturing facility, where malt liquors are manufactured on the premises. Breweries may, but are not required to, include a tap room in which guests/customers may sample and/or purchase the product as with bar, tavern and restaurant uses with appropriate liquor licensing. The term "brewery" as used in this code includes both regional breweries, which produce between 15,000 and 6,000,000 barrels per year; and large breweries, which produce more than 6,000,000 barrels per year.

Brew pub, distillery pub, or limited winery means:

(1) A brew pub as defined in C.R.S. § 44-3-103(5);

(2) A distillery pub as defined in C.R.S. § 44-3-103(14);

(3) A limited winery as defined in C.R.S. § 44-3-103(25);

(4) A microbrewery; or

(5) A microdistillery; or

(6) A microwinery.

Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels, or property of any kind, which is governed by the following characteristics:

(a) Is permanently affixed to the land.

(b) Has one (1) or more floors and a roof.

Building code means the set of standards that must be followed in the construction and remodeling of buildings and structures. Contact the Building Division for more information.

Building elevation means the external face of a building, projected onto a two (2) dimensional plane. For purposes of calculating allowed sign area, the building elevation is the two (2) dimensional representation of the side of the building upon which the sign is proposed.

Building frontage means the horizontal, linear dimension of that side of a building which abuts a street, parking area, mall, or other circulation area open to the public and has either a main window display or a public entrance to the building.

Building height is measured from the average of finished grade at the center of all walls of the building to the top of the parapet or highest roof beam (whichever is higher) on a flat or shed roof, to the top of the parapet or deck level (whichever is higher) of a mansard roof, or the average distance between the highest ridge and its eave of a gable, hip, or gambrel roof.

Figure 1-1. Building Height Measurement

Bulletin board means a cabinet sign structure that houses a display board upon which bulletins and posters are displayed.

Bus or taxi terminal, on-demand transportation dispatch means an off-street premises that is used for the parking or storage of buses or taxis and the loading or unloading of passengers.

Business services means a business that is primarily engaged in providing support services to other businesses, such as advertising and mailing, commercial photography, janitorial services, and temporary labor services. Uses that are included within the phrases “office, general,” “light industry,” or “retail sales and services” (e.g., attorneys, accountants, contractors, or office supply shops), are not included within the phrase “business services.”

Caliper means the American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six (6) inches above the ground for trees up to and including four-inch caliper size, and as measured at twelve (12) inches above the ground for larger sizes.

Camouflage, concealment, or camouflage design techniques means a wireless communications facility is camouflaged or utilizes camouflage design techniques when any measures are used in the design and siting of wireless communications facilities with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A WCF site utilizes camouflage design techniques when it (a) is integrated in an outdoor fixture such as a flagpole, or (b) uses a design which mimics and is consistent with the nearby natural or architectural features (such as an artificial tree) or is incorporated into (including, without limitation, being attached to the exterior of such facilities and painted to match it) or replaces existing permitted facilities (including, without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not readily apparent.

Campground or RV park means an area of land developed and intended to provide short-term accommodations to guests in recreational vehicles or tents.

Cash-in-lieu means that the applicant, at the option of the Board of Trustees, may pay the Town money instead of land dedication in those cases where the dedication of land is unacceptable. The payment shall comply with the following requirements unless otherwise provided for this Code.

(a) Payment shall be based on the market value, to be determined after completion of the platting process, of the entire property as it is valued after platting.

(b) The value of the land is based upon an appraisal by a competent, independent appraiser selected by the Town and the applicant, or upon value negotiated between the Town and the applicant. The suitability of the land to be dedicated for public purposes and the credit to be given toward the land dedication requirement is at the Town’s sole option and discretion.

(c) A proportionate amount of this value shall be assigned to any parcels or properties requested by the Town for public use.

(d) Minimum payment for cash-in-lieu of land dedication shall be five hundred dollars ($500.00) for any required dedication.

(e) Combination of dedication and cash-in-lieu:

(1) The applicant, at the option of the Board, may meet the dedication requirements through a combination of cash-in-lieu and land dedication in those cases where a portion of the dedication of land is unacceptable.

(2) The value of the combination of both the land dedication and the cash-in-lieu of land shall not exceed the full market value of the total required dedication of sites and land areas.

Cemetery means land used or intended to be used for the interment of the remains of human bodies or pets, whether such interment is above ground or below ground. The term “cemetery” includes graveyards, mausoleums, tombs, and columbariums.

Character means those attributes, qualities and features that make up and distinguish a development project and give such project a sense of purpose, function, definition, and uniqueness.

Child care center means a facility, by whatever name known, that is maintained for the whole or part of a day for the care of five (5) or more children who are eighteen (18) years of age or younger and who are not related to the owner, operator, or manager, whether the facility is operated with or without compensation for such care and with or without stated education purposes. The term includes, but is not limited to, facilities commonly known as day care centers, school-age child care centers, before and after school programs, nursery schools, kindergartens, preschools, day camps, summer camps, and centers for developmentally disabled children and those facilities that give twenty-four (24) hour care for children and includes those facilities for children under the age of six (6) years with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school; except that the term shall not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six (6) grades or operated as a component of a school district’s preschool program operated pursuant to Article 28 of Title 22, C.R.S. The term shall not include any facility licensed as a family child care home, a foster care home, or a specialized group facility that is licensed to provide care for three (3) or more children pursuant to Colorado Revised Statutes but that is providing care for three (3) or fewer children who are determined to have a developmental disability by a community centered board or who are diagnosed with a serious emotional disturbance.

Child care, in-home means a facility for child care in a place of residence of a family or person for the purpose of providing less than twenty-four-hour care for children under the age of eighteen (18) years who are not related to the head of such home. Child care, in-home may include infant-toddler child care homes, large child care homes, experienced provider child care homes, and such other types of family child care homes designated by rules of the State Department of Social Services pursuant to C.R.S. Section 26-6-106(2)(p).

Church or place of worship and assembly means a building containing a hall, auditorium, or other suitable room used for the purpose of conducting religious or other services or meetings of the occupants of such structure. Church or place of worship and assembly shall include churches, synagogues, or the like, but shall not include buildings used for commercial endeavors, including but not limited to commercial motion picture houses or stage productions.

Clerestory means a portion of an interior rising above adjacent rooftops and having windows admitting daylight to the interior.

Clinic means a building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.

Clubs and lodges means organizations of persons for special purposes or for the promulgation of sports, arts, literature, politics, or other common goals, interests or activities, characterized by membership qualifications, dues or regular meetings, excluding clubs operated for profit and/or places of worship or assembly.

Cohesive means having a natural or logical agreement of parts connected, as in a cohesive neighborhood.

Collocation means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Colony means a hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood.

Colorado Medical Marijuana Code means Section 12-43.3-101 et seq., C.R.S., as may be amended.

Colorado Medical Marijuana Program means that program defined by Section 25-1.5-106(2)(d), C.R.S., as may be amended.

Combs means all materials which are normally deposited into hives by bees. It does not include extracted honey or the royal jelly, trapped pollen, and processed beeswax.

Commercial agriculture means a group of land uses that are related to grazing or raising livestock or land uses which produce products that originate from the land’s productivity, such as farming, ranching, forestry, viticulture, floriculture, beekeeping, tree farming, hemp cultivation, animal husbandry, and horticulture (including within greenhouses), and the storage, packaging, and processing of products produced on-site. The phrase “commercial agriculture” does not include the phrase “intensive agriculture,” nor does it include the cultivation or processing of marijuana.

Commercial equestrian facilities means a boarding stable, riding school or academy, riding arena, or exhibition facility for horses, donkeys, or mules, but not facilities that are associated with residential or agricultural uses and solely for the private use of the residential or agricultural landowner or lessee. Commercial equestrian facilities typically include barns, stables, corrals, riding arenas, or paddocks.

Commercial lodging means a building or group of buildings in which, in the aggregate, six or more rooms are used to provide overnight accommodations. The use may also include services such as meeting rooms, business centers (personal computers, fax machines, and printers for guest use), food service for guests, recreational facilities such as swimming pools and fitness centers, ballrooms, exhibit halls, and/or banquet rooms; provided, that such services are subordinate to the use of the building or buildings for overnight accommodations.

Commercial mineral deposits means oil, gas, gravel, and other natural deposits that may be extracted from a property for economic benefit.

Commercial vehicle means:

(1) Any motor vehicle, trailer, or semi-trailer that:

(a) Is designed or used to carry freight, other vehicles, equipment, passengers for a fee, or merchandise in the furtherance of any business enterprise; and

(b) Has a gross weight of more than 10,000 pounds;

(2) Any step van or truck that is designed for commercial moving or parcel delivery services;

(3) Any truck that is used for mobile retail sales (e.g., ice cream, lunches);

(4) Any vehicle with more than four wheels that is used for business purposes;

(5) Any trailer that is used to haul machinery, supplies, or equipment for business purposes (horse trailers, boat trailers, motorcycle trailers, RV trailers, and car trailers put to personal use are not included in the definition);

(6) Any trailer that is used for commercial hauling (e.g., waste, junk, lawn clippings) or commercial moving services;

(7) Any vehicle that has permanently mounted outside brackets or holders for ladders, tools, pipes, or other similar equipment, unless such vehicle is used for on-call emergency services contracted by the Town of Frederick or other governmental entity.

Common equestrian stabling and grazing means shared pastures and/or common barns for horses in a rural subdivision which is owned and maintained by a homeowners’ association.

Common open space means a parcel of land, an area of water, or a combination of land and water within the site designated and intended primarily for the use or enjoyment of residents of the subdivision.

Community, civic, educational, and institutional uses means a category of land uses that includes cemeteries; crematoriums; day care centers, adult or child; funeral homes; hospitals; places of assembly; prison or jails; schools, elementary or middle; schools, high; schools, vocational or trade; and universities or colleges.

Community Design Principles and Development Standards means the standards in this Code set forth in Article 2.

Community facility means a publicly owned facility or office building which is primarily intended to serve the recreational, educational, cultural, administrative, or entertainment needs of the community as a whole.

Compatibility means the characteristics of different uses, activities, or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass, and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access, and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor, and architecture. Compatibility does not mean the same as. Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development.

Composting facility means a facility to which vegetative waste materials, such as lawn clippings, tree trimmings, weeds, and vegetable food scraps from more than one lot or parcel are delivered for composting. The phrase “composting facility” does not include processing of biosolids from wastewater.

Comprehensive Plan means the Town of Frederick Comprehensive Plan.

Comprehensive Plan update means an update to or replacement of the Comprehensive Plan that is adopted by the Planning Commission and approved by the Board. The phrase "Comprehensive Plan update" also includes ratification of an existing Comprehensive Plan by resolution of the Board after a review of the plan in its entirety.

Compressed gravel means gravel used for construction purposes that meets current Town standards. Contact the Engineering Department for more information.

Condominium means a single dwelling unit in a multiple unit structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.

Connecting walkway means:

(a) Any street sidewalk; or

(b) Any walkway that directly connects a building entrance to the street sidewalk, and connects other origins and destinations for pedestrians, including but not limited to commercial establishments, schools, parks, dwellings, work places, and transit stops, without requiring pedestrians to walk across parking lots or driveways, around buildings or following parking lot outlines which are not aligned to a logical route.

Conservation easement means a legal document created pursuant to C.R.S. Section 38-30.5-101 et seq., which restricts the development rights of property in perpetuity and permits the property to be used only for the conservation purposes permitted in C.R.S. Section 38-30.5-101 et seq., Section 170(h) of the Internal Revenue Code, and the Treasury Regulations adopted under Section 170(h).

Construction vehicle means:

(1) Any tracked vehicle used for construction, grading, or excavation, such as bulldozers, excavators, drilling machines for mining or driving piles, and comparable vehicles;

(2) Any wheeled vehicle that is used for construction that uses off-highway tires, including loaders, graders, soil compactors, skidders, and comparable vehicles;

(3) Dump trucks;

(4) Cement mixer trucks; and

(5) Bucket trucks.

Container (a/k/a cargo or shipping container) means a truck trailer body that can be detached from the chassis for loading into a vessel, a rail car, or stacked in a container depot. Containers may be ventilated, insulated, refrigerated, flat rack, vehicle rack, open top, bulk liquid, or equipped with interior devices. A standard container may be twenty (20) feet, forty (40) feet, forty-five (45) feet, forty-eight (48) feet, or fifty-three (53) feet in length, eight (8) feet or eight (8) feet six (6) inches in width, and eight (8) feet six (6) inches or nine (9) feet (6) six inches in height.

Contiguous, in terms of determining the area devoted to the cultivating, producing, possessing or processing of medical marijuana and medical marijuana plants, means an uninterrupted expanse of space on the same floor or the level of the primary residence that can be measured by framing the area with four (4) or more continuous and connected straight lines. The space within a single room which is defined by permanent perimeter walls is contiguous; the space within adjoining rooms divided by a permanent wall or permanent structure but accessible via a common doorway or connected by a common hallway is contiguous; however, nonadjacent spaces separated by two (2) or more permanent walls or separated by floors or levels of the building are not contiguous.

Convenience lending means:

(1) A business engaged in providing short-term loans to individuals in exchange for personal checks or bank account access as collateral; or

(2) A business that, for a fee, cashes checks, warrants, drafts, money orders, or other commercial paper serving the same purpose, but is not a state or federally chartered bank, savings association, credit union, industrial loan company, or retail store that is engaged primarily in the business of selling consumer goods.

Cornice means a continuous, molded projection that crowns a wall or other construction, or divides it horizontally for compositional purposes.

Covenants means a private written agreement outlining regulations specific to a development. As private restrictions, they are not enforced by the Town. In the event of conflict between the covenants and this Code, this Code controls.

Crematorium means a facility for the burning of corpses, human or animal, to ashes. Crematoriums do not include establishments where incinerators are used to dispose of toxic or hazardous materials, infectious materials, or narcotics.

Critical plant communities means vegetation which is essential to the conservation of threatened or endangered species and which may require special management considerations or protection.

Crosswalk means a pathway marked off for pedestrians to cross a street.

Cul-de-sac means a local street with only one (1) outlet and having the other end for the reversal of traffic movement.

Cultivation or cultivate means (a) all phases of growth of marijuana from seed to harvest; or (b) preparing, packaging or repackaging, labeling or relabeling of a usable form of marijuana.

Cultural assets means buildings, locations, and other features considered historically or socially significant to the community.

Data center means a building or portion thereof that is used by telecommunications carriers, internet access providers, or internet service providers, in which equipment for telecommunications and data processing use (e.g., servers, data storage devices, switches, routers, and other comparable technology infrastructure) is concentrated and physically secured. Equipment in a data center may be owned or operated by more than one entity. The phrase “data center” does not include the phrase “wireless telecommunications facility.”

Day Care Center, Adult or Child means:

(1) Adult day care center, which is a facility that is certified by the State of Colorado to provide health and social services on a less than 24-hour basis to elderly, blind, or disabled adults.

(2) Child day care center which is a facility, by whatever name known, which is maintained for the whole or part of a day for the care of five or more children under the age of 16 years and not related to the owner, operator, or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes: (i) facilities commonly known as “day care centers,” “day nurseries,” “nursery schools,” “kindergartens,” “preschools,” “play groups,” “day camps,” “summer camps,” “centers for mentally retarded children,” and (ii) facilities that provide 24-hour care for dependent and neglected children, and (iii) facilities for children under the age of six years with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school, except that the term does not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six grades. Child care centers are classified as either “small” (five to 12 children) or “large” (13 or more children).

Dedicated land means land transferred to the Town by platting, title, deed, or other legal method approved by the Town Attorney.

Dedication means any grant by the owner of a right to use land for the public in general, involving a transfer of property rights and an acceptance of the dedicated property by the appropriate public agency.

Density means the overall average number of dwelling units located on the gross or net residential acreage (as applicable) contained within the development and calculated on a per-acre basis. Gross density is calculated by dividing the total number of units by the total acreage. Net density is calculated by dividing the [total number of units] by the [total acreage minus all publicly dedicated land].

Design standards means the standards that set forth specific improvements requirements.

Detached sign means a sign that is not attached to or located inside a building (e.g., a monument sign).

Detention basin means a man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of property, into natural or man-made outlets.

Developer means any person, partnership, joint venture, limited liability company, association, or corporation who participates as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale, or lease of a development.

Development means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into two (2) or more parcels. When appropriate in context, development shall also mean the act of developing or to the result of development. Development shall also include:

(a) Any construction, placement, reconstruction, alteration of the size, or material change in the external appearance of a structure on land;

(b) Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development;

(c) Any change in use of land or a structure;

(d) Any alteration of a shore or bank of a river, stream, lake, pond, reservoir, or wetland;

(e) The commencement of drilling oil or gas wells, mining, stockpiling of fill materials, filling, or excavation on a parcel of land;

(f) The demolition of a structure;

(g) The clearing of land as an adjunct of construction;

(h) The deposit of refuse, solid, or liquid waste or fill on a parcel of land;

(i) The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property; and

(j) The construction of a roadway through or adjoining an area that qualifies for protection as a wildlife or natural area.

Development shall not include:

(a) Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way;

(b) Work by any public utility for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any mains, pipes, cables, utility tunnels, power lines, towers, poles, or the like; provided, however, that this exemption shall not include work by a public entity in constructing or enlarging mass transit or fixed guide way mass transit depots or terminals, or any similar traffic-generating activity;

(c) The maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior, the color of the structure, or the decoration of the exterior of the structure;

(d) The use of any land for an agricultural activity;

(e) A change in the ownership or form of ownership of any parcel or structure; or

(f) The creation or termination of rights of access, easements, covenants concerning development of land, or other rights in land.

Development plan means the written and graphical documents that detail the provisions for development of a planned unit development. These provisions may include, and need not be limited to, easements, covenants and restrictions relating to use; location and bulk of buildings and other structures; intensity of use or density of development; utilities, private and public streets, ways, roads, pedestrian areas, and parking facilities; and common open space and other public facilities.

Developmental disability means a disability that is manifested before the person reaches twenty-two (22) years of age; constitutes a substantial handicap to the affected individual; and is attributable to mental retardation or related conditions which include cerebral palsy, epilepsy, autism, or other neurological conditions when such conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a mentally retarded person.

Disposal means facilities for the disposal of nonnuclear waste or fill. The term includes solid waste disposal sites and facilities, as defined by C.R.S. § 30-20-101; and hazardous waste disposal sites, as defined by C.R.S. § 25-15-200.3.

Distillery shall mean an industrial use with appropriate state liquor licensing that is primarily a manufacturing facility that produces more than fifteen thousand (15,000) gallons per year of spirituous beverages on site. Distilleries may, but are not required to, include a tasting room in which guests/customers may sample and/or purchase the product as with bar, tavern and restaurant uses with appropriate liquor licensing.

Distribute or distribution means the actual, constructive or attempted transfer, delivery, sale or dispensing to another, with or without remuneration.

Dormer means a projecting structure built out from a sloping roof, usually housing a vertical window or vent.

Downtown means the original business district of the Town.

Downtown Development Area means the area that encompasses the downtown and adjacent areas, which is outlined with a heavy black line in the figure below:

Drive aisles means the lanes in a parking lot devoted to the passage of vehicles, as opposed to the parking stalls. The term drive aisle does not include lanes used only or primarily for drive-in customer service.

Drive-in use (also Drive-up and Drive-through) means an establishment which, by design, physical facilities, service or packaging procedures, encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.

Driveway means a constructed vehicular access serving one (1) or more properties and abutting a public or private road.

Duplex (a/k/a dwelling, two-family) means a building that is comprised of two dwelling units, in one of two configurations: a side-by-side duplex, in which the dwelling units are separated by a shared wall with no penetrations, and each unit has a separate principal entrance; or an over-under duplex, in which dwelling units are separated by a floor, and the units may be accessed from an interior foyer with a staircase, or have separate principal entrances at street level.

Dwelling, multifamily. See multifamily.

Dwelling, single-family attached means a residential building containing dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. The term is intended primarily for such dwelling types as townhouses and duplexes.

Dwelling, single-family detached. See single-family detached.

Dwelling unit means a building or portion of a building that provides complete independent living facilities, including permanent provisions for living, sleeping, eating, cooking and sanitation, for one family.

Easement means a right to land generally established in a real estate deed or on a recorded plat to permit the use of land by the public, a corporation, or particular persons for specified uses.

Eave means the overhanging lower edge of a roof.

E.G. means “for example,” and is intended to be illustrative and not exclusive.

Electronic message center (EMC) means a display surface that is composed of light emitting diodes (LEDs) or comparable devices, that is capable of displaying variable messages and graphics.

Elevation means the external vertical plane of a building. Elevations are considered different if they have different roof lines, building materials, details, color, and overall stylistic expression.

Eligible facilities request means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower involving: (a) collocation of new transmission equipment, (b) removal of transmission equipment, or (c) replacement of transmission equipment.

Eligible support structure means any tower or base station as defined in this Article; provided, that it is existing at the time the relevant application is filed with the Town under this Article.

Employees means the total number of persons to be employed in a building during normal periods of use.

Entertainment facilities and theaters means a building or part of a building devoted to showing motion pictures or dramatic, musical, or live performances.

Environmentally sensitive areas means aquifer recharge areas, significant wildlife habitat and migration corridors, unique vegetation and critical plant communities, and ridge lines.

Existing tower means a constructed tower or base station that was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable law as of the time it was built. For example, a tower that exists as a legal, nonconforming use and was lawfully constructed is existing for purposes of this definition.

Family means an individual living alone, or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking, and eating facilities:

(1) Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship; or

(2) Any unrelated group of persons consisting of:

(a) Not more than three (3) persons;

(b) Not more than two (2) unrelated adults and their children, if any; or

(c) Not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as a single, nonprofit housekeeping unit.

Farm animals means animals commonly raised or kept in an agricultural, rather than an urban, environment, including but not limited to roosters, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys, and mules.

Feather flag means a flag that is mounted on a temporary flagpole (e.g., a flagpole that is installed in a mount that is staked into the ground, or attached to a weighted base), which may be vertical, bowed, or flexible. Feather flags do not include flags that are flown from straight, rigid flagpoles that are permanently installed in the ground or temporarily or permanently attached to buildings, light poles, or utility poles.

Illustrative Feather Flags

Feedlot means any tract of land or structure, pen or corral, wherein cattle, horses, sheep, goats, emus, ostriches, or swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market.

FEMA means the Federal Emergency Management Agency.

FHA means the Federal Housing Administration.

Financial institutions includes the following types of businesses: banks including savings and loans, credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges, and insurance agents.

Fitness instruction or gymnasium means a business that provides instruction (generally by way of organized, regularly scheduled classes) related to movement and physical fitness within an enclosed building, including but not limited to:

(1) Aerobics and stretching;

(2) Boxing or kickboxing;

(3) Dance;

(4) Gymnastics;

(5) Martial arts;

(6) Spinning;

(7) Swimming;

(8) Weight lifting; or

(9) Yoga.

Flag means a flexible piece of fabric, that is attached along one (1) edge to a straight, rigid flagpole (directly or with rope), and which is designed to move when the wind blows. Flags are typically (but not necessarily) rectangular in shape, and often (but not always) include printed or embroidered insignia that symbolizes a nation, state, or organization, or that displays a graphic or message.

Floodplain or flood hazard area means an area which has been designated by the Board of Trustees, the Colorado Water Conservation Board, or FEMA as susceptible to flooding.

Flood-prone means an area subject to flooding which has not been designated by the Board of Trustees, the Colorado Water Conservancy Board, or FEMA.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Floor area, also called gross floor area, means the total square footage of the building measured along the outside walls of the building and including each floor level, but not including open balconies, garages, or other enclosed automobile parking areas and basement storage areas, and not including one-half (1/2) of all storage and display areas for durable goods.

Floor area ratio (FAR) means the amount of gross floor area of all principal buildings on a lot or block, as the case may be, divided by the total area of such lot, or the block size, respectively, on which such buildings are located. For mixed-use blocks, the residential square footage shall be added to the commercial development for a total block FAR.

Food catering means a business in which the principle use is the preparation of food and meals on the premises, and where food and meals are delivered to another location for consumption.

Food product production means an establishment in which the principal use is the production of food products on the premises to be sold on the premises and may or may not be consumed on the premises. Examples of this type of establishment include but are not limited to bakeries, candy shops, ice cream shops, and pet treat shops.

Footprint, also called ground level footprint, means the outline of the total area which is covered by a building’s perimeter at ground level.

Foster care home means a facility that is certified by the County Department of Social Services or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty-four-hour family care for a child under the age of eighteen (18) years who is not related to the head of such home, except in the case of relative care.

Freestanding communications tower means a structure that is designed and constructed to support one or more wireless communication facilities and including all appurtenant devices attached to it. A freestanding communications tower may be designed to be solely supported by attachment to the ground, or supported by direct attachment to the ground and with guy wires, and may be of either lattice or monopole construction.

Freestanding sign means a sign which is supported by one (1) or more columns, uprights, poles, or braces extended from the ground, or which is erected on the ground, and shall also include a monument sign and pole signs but does not include a sign attached to a structure.

Fueling, fast-charging, or service station means a building or land area used for the retail dispensing or sales of vehicular fuels; Level 3 DC fast-charging of electric vehicles; and the towing of automobiles and light trucks (but not storage of inoperable automobiles or light trucks). The phrase “fueling, fast-charging, or service station” does not include the phrase “heavy motor vehicle repairs or service,” but does include the phrase “light motor vehicle repairs or service,” which may be integrated into the use. A fueling, fast-charging, or service station may include a retail store that sells goods and services, but primarily ready-to-eat food products (not intended for on-premises consumption), groceries, sundries, and automotive fluids and accessories (e.g., windshield washer fluid, batteries, motor oil, car window shades). The phrase “fueling, fast-charging, or service station” does not include the phrase “truck stop.”

Functional open space means open space which is large enough to serve a practical purpose such as recreation, wildlife habitat, or preservation of areas of agricultural, archeological or historical significance and shall exclude areas used for off-street parking, off-street loading, service driveways, and setbacks from oil and gas wells or their appurtenances, or other hazards to the public.

Funeral home means an establishment that provides for:

(1) Human funeral services; and/or

(2) Embalming and the performance of other services used in the preparation of the dead for burial.

In addition to these functions, funeral homes may also store caskets, funeral urns, hearses and other vehicles used in funeral processions. A funeral home may also include a crematorium with no more than one incinerator as an accessory use.

Gable means the triangular portion of a wall enclosing the end of a pitched roof from cornice or eaves to ridge.

Gasoline station. See fueling, fast-charging, or service station.

General commercial uses means a category of land uses that includes business services, convenience lending, fitness instruction or gymnasium, liquor store, office, general, office, medical, pawnbroker, personal services, and retail sales and service.

Geologic hazards means unstable or potentially unstable slopes, undermining, faulting, landslides, rockfalls, flood, wildfire, or similar naturally occurring dangerous features or soil conditions or natural features unfavorable to development.

Glare means light emitted from a luminaire that trespasses beyond the object that the luminaire is intended to illuminate, such that the point source of the light is visible to pedestrians, motorists, or people within nearby buildings.

Golf course means land used for the game of golf, which may include accessory uses such as driving ranges, pro-shops, club houses, and restaurants.

Grade means:

(a) The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.

(b) The degree of rise or descent of a sloping surface.

Grade, finished means the final elevation of the ground surface after development.

Grade, natural means the elevation of the ground surface in its natural state, before man-made alterations.

Grocery store, large means a retail establishment which primarily sells food, but also may sell other convenience and household goods, and which occupies a space greater than twenty-five thousand (25,000) square feet. The term large grocery store is synonymous with supermarket.

Grocery store, small means a retail establishment primarily selling food, as well as other convenience and household goods, which occupies a space of not more than twenty-five thousand (25,000) square feet.

Gross square footage (GSF) means the total floor area designed for occupancy and use, including basements, mezzanines, stairways, and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.

Group home means a dwelling unit in which up to eight individuals live together (but not more than one who is required to register as a sex offender pursuant to C.R.S. § 18-3-412.5, as amended) and receive supportive services and are supervised by persons who live in the residence. For the purposes of this Code, there are four classifications of group homes:

(1) Community residential homes (a/k/a group home for persons with intellectual and developmental disabilities), which is a state-licensed group home, exclusively for the care of persons with developmental disabilities, as defined by C.R.S. § 25.5-10-202.

(2) Group home for the aged, which is a group home of persons who are 60 years of age or older who do not need nursing facilities, and who so elect to live in conventional residential surroundings. The phrase “group home for the aged” does not include nursing facilities (as defined in C.R.S. § 25.5-4-103(14)) or institutions providing life care (as defined in C.R.S. § 11-49-101(6)).

(3) Group home for persons with behavioral or mental health disorders, which is a state-licensed group home for persons with behavioral or mental health disorders as defined in C.R.S. § 27-65-102, who are screened by a professional person as provided in C.R.S. § 27-65-102(27) prior to occupying the group home, and which does not include persons determined to be not guilty by reason of insanity to a violent offense and persons who have been convicted of a felony involving a violent offense.

(4) Group home for substance use disorders, which is a state-certified group home serving persons protected by the provisions of the Federal Fair Housing Act living in a recovery residence.

Guest house means an accessory structure which is physically detached from a single-family dwelling unit, is serviced through the same utility meters or connections as the principal use, is intended for temporary occupancy by visitors to the family residing in the single-family dwelling, and has no cooking facilities. See also accessory building and accessory dwelling.

Hazardous waste disposal means a hazardous waste disposal site, as defined by C.R.S. § 25-15-200.3, as may be amended, superseded, or recodified from time to time.

Heavy industry means industrial uses that are not specifically defined elsewhere in this Code, that can be described in one of the following three ways:

(1) Primary processing or manufacturing or repair operations not specifically defined elsewhere in this Chapter or this definition, that involve:

(a) A material risk of significant environmental contamination, explosion, or fire;

(b) Perceptible ground vibration at the property line;

(c) Excessive noise or dust emissions at the property line and downwind;

(d) Large-scale outdoor storage of inputs or products;

(e) Significant outdoor installations of processing equipment;

(f) Outside emission of objectionable odors;

(g) Twelve or more round-trips by semi-trailer trucks per day; or

(2) Processing of minerals (except precious and semi-precious stone cutting for jewelry or precision instruments such as lasers or watches), ores, logs, pulpwood, or fossil fuels; or

(3) Activities that are required to undergo New Source Review under the Federal Clean Air Act, or are subject to construction or operation permits pursuant to the Colorado Stationary Sources Program or Title V of the Federal Clean Air Act.

For illustrative purposes, heavy industrial uses include (if they meet the thresholds of this definition), but are not limited to:

(1) Coal cleaning plants with thermal dryers; coke oven batteries; carbon black plants (furnace process); petroleum refineries; petroleum storage and transfer units (except retail gasoline stations); and bulk fuel dealers;

(2) Facilities used in the primary or secondary production of metals (e.g., primary zinc, copper, or lead smelters; primary aluminum ore reduction plants; iron and steel mills; sintering plants; secondary metal production plants; and blacksmith shops);

(3) Portland cement plants;

(4) Sawmills and pulp mills;

(5) Incinerators with the capacity to charge more than 250 tons of refuse per day;

(6) Lime plants; phosphate rock processing plants; sulfur recovery plants; and hydrofluoric, sulfuric, or nitric acid plants;

(7) Fossil fuel combustion (except for electricity generation) totaling more than 250 million BTUs per hour of heat input;

(8) Fabrication of motor vehicles, manufacturing equipment, durable goods, or prefabricated homes or home components;

(9) Drycleaner processing plants that use large quantities of PERC or comparable petrochemical solvents;

(10) Manufacture of plastic products (except assembly of parts that are manufactured elsewhere);

(11) Hot mix asphalt plants; and

(12) Meat processing involving butchering of large animal carcasses.

Heavy logistics center means a wholesaling, warehousing, or distribution use that provides a central location for receiving, storing, and distributing raw materials, semi-finished goods, or finished goods. Heavy logistics centers may be warehouses in which goods are stored (a/k/a “product warehouses”), or truck terminals in which goods are transferred between trucks or between trucks and trains or other transportation modes (a/k/a “truck terminals”), or moving warehouses (including indoor storage of portable on-demand storage containers), or wholesaling operations (but not wholesale membership clubs in which memberships are available to the general public, which are classified as “retail sales and services”). Heavy logistics centers are expected to generate 24 or more truck round-trips per day.

Heavy motor vehicle repairs and service means:

(1) The provision of repair or service to passenger vehicles that includes work that does not qualify as “light motor vehicle repairs and service,” including but not limited to body repairs (collision centers), paint, upholstery, engine replacement or reconditioning, air conditioning replacement, tire recapping, and custom body work; and

(2) Any type of repairs to commercial vehicles or construction vehicles.

The phrase “heavy motor vehicle repairs and service” may include light motor vehicle repairs and service, as well as the installation of audio, video, and navigation systems (which, with respect to passenger vehicles, are otherwise classified as “retail sales and services”), but does not include the phrases “light industry” or “heavy industry.”

Heavy motor vehicle sales or rental means the sale or rental of commercial vehicles, recreational vehicles, boats, manufactured homes, or construction vehicles at the location where inventory is stored. The phrase “heavy motor vehicle sales or rental” includes outdoor storage of such vehicles for brokers. Not included in the definition are:

(1) Brokering of commercial or construction vehicles that are stored off-site and delivered directly to customers (an office, general use); and

(2) Indoor storage of commercial or construction vehicles for brokers who are located off-site (a light industrial or heavy logistics use).

Heliport means an area of land that is made available to the public or two or more private companies or individuals for the landing and takeoff of helicopters, which may include related buildings and facilities, such as fixed-base operators, hangars, fueling and de-icing facilities, maintenance facilities, and restaurants.

Helistop means an area of land or portion of a building or structure that is used for the landing and takeoff of helicopters for a single user (e.g., a news station, hospital, or law enforcement agency).

Hip roof means a roof having sloping ends and slides meeting at an inclined projecting angle.

Historic district means an area related by historical events or themes by visual continuity or character, or by some other special feature that helps give it a unique historical identity. Such area may be designated a historic district by local, state, or federal government and given official status and protection.

Historic site means a structure or place of historical significance. Such structure or place may be designated a historic site by local, state, or federal government and given official status and protection.

Hive means a structure intended for the housing of one (1) bee colony.

Home occupation means an occupation or business activity which results in a product or service and is conducted in whole or in part in a dwelling unit, and is subordinate to the residential use of the dwelling unit.

Homeowners’ association (HOA) means the association set up to enforce the covenants and maintain all common areas and buildings for a development, also known as owners’ association.

Horticulture means the growing of fruits, vegetables, herbs, flowers, or ornamental plants.

Hospital means an institution that is licensed, certified, or approved as a “hospital” by the Colorado Department of Public Health and Environment (“CDPHE”), where sick or injured persons are given medical care and, in the course of same, may be housed overnight, fed, and provided nursing and related services. The term “hospital” also includes a free-standing emergency department.

Hospitality, recreation, and entertainment uses means a category of land uses that includes bars, taverns, or nightclubs, bed and breakfasts, campgrounds or RV parks, commercial lodgings, golf courses, indoor amusements, recreation, and entertainment, indoor firing or gun ranges, outdoor commercial amusements, outdoor firing or gun ranges, outdoor stadiums, arenas, amphitheaters, or drive-in theaters, parks, active, parks, passive, race tracks, restaurants, sexually-oriented businesses, and zoos.

Hotel, motel, or lodging establishment. See commercial lodging.

I-25 Corridor and Highway 52 Corridor means the area within one thousand five hundred (1,500) feet of the rights-of-way of Interstate Highway 25 and State Highway 52.

Illumination, direct means lighting by means of an unshielded light source (including neon tubing) which is effectively visible as a part of the sign, where light travels directly from the source to the viewer’s eye.

Illumination, indirect means lighting by means of a light source directed at a reflecting surface in a way that illuminates the sign from the front, or a light source that is primarily designed to illuminate the entire building facade upon which a sign is displayed. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination; e.g., parking lot lights or lights inside a building that may silhouette a window sign but are primarily installed to serve as inside illumination.

Illumination, internal means lighting by means of a light source that is within a sign having a translucent background, silhouetting opaque letters or designs, or which is within letters or designs that are themselves made of a translucent material.

Indoor amusement, recreation, and entertainment means a use that provides amusement and recreational activities indoors (except sexually-oriented businesses, indoor firing or gun ranges, fitness instruction or gymnasium, and bars, taverns, or nightclubs), including, but not limited to:

(1) Arcades;

(2) Bowling alleys;

(3) Escape rooms;

(4) Game arcades (e.g., video games, skee ball, and comparable amusement machines);

(5) Indoor archery ranges;

(6) Indoor axe throwing;

(7) Indoor mini-golf;

(8) Indoor playgrounds (may include conventional playground equipment, inflatables, trampolines, rock climbing walls, zip lines, and comparable equipment);

(9) Indoor skydiving;

(10) Indoor electric go-kart tracks;

(11) Indoor skating rinks (ice or roller);

(12) Laser tag;

(13) Local area network (“LAN”) gaming centers;

(14) Ping-pong centers;

(15) Pool/billiard rooms; and

(16) Recreation centers.

Indoor firing or gun range means an indoor area designed for the safe discharge of archery, rifles, shotguns, handguns, or any other firearm or similar device for the purpose of sport shooting or military/law enforcement training. The range may use silhouettes, skeet, trap, or other similar materials to facilitate target practice. Excluded from this use shall be general hunting and discharging of firearms on private property with the property owner’s permission as prohibited by Municipal Code Section 10-224. Excluded from this use type are amusements that simulate shooting but do not involve potentially lethal projectiles (e.g., laser tag, foam darts, etc.) which are classified as “indoor amusement, recreation, or entertainment.”

Industrial, heavy. See heavy industry.

Industrial, light. See light industry.

Industrial, processing, recycling, storage, and disposal uses means a category of land uses that includes composting facility, disposal, heavy industry, heavy logistics center, light industry, recycling collection center, resource extraction, minerals, resource extraction, oil and gas, salvage yard, self-storage, storage yard, and waste transfer station.

Infrastructure means those man-made structures which serve the common needs of the population, such as: potable water systems; wastewater disposal systems; solid waste disposal sites or retention areas; storm drainage systems; electric, gas or other utilities; bridges; roadways; bicycle paths or trails; pedestrian sidewalks, paths or trails; and transit stops.

Integrate means to combine or coordinate separate elements (such as housing, recreation, jobs, and shopping), so as to provide a harmonious, interrelated whole, organized, or structured so that constituent parts function cooperatively.

Intensive agriculture means the raising, care, or feeding of livestock, where the animals are stabled, confined, fed and/or maintained a total of 45 days or more in any 12-month period, and where crops, vegetation, forage growth, or post-harvest residues are not growing, irrigated, or sustained in the normal growing season over any portion of the lot or facility. The phrase “intensive agriculture” also includes concentrated aquatic animal production. The phrase “intensive agriculture” does not encompass (without more) cattle and sheep that are moved between winter and summer pastures, including those confined for more than 45 days due to adverse conditions, and breeding stock on property where other cattle are grazing.

Inter-neighborhood connections means connections (such as trails and roads) between neighborhoods.

Intra-neighborhood connections means connections (such as trails and roads) within the same neighborhood.

Irrigation ditch or canal means a channel designed to transport irrigation water.

Junk means garbage and all other waste matter or discarded or unused material such as, but not limited to, salvage materials, scrap metal, scrap materials, bottles, tin cans, paper, boxes, crates, rags, used lumber and building materials, manufactured goods, appliances, fixtures, furniture, machinery, motor vehicles or other such items which have been abandoned, demolished or dismantled, or are in such a condition as to be unusable for their original use, but may be used again in present or different form for a new use; discarded or inoperable vehicles, machinery parts and tires; and other materials commonly considered to be refuse, rubbish, or junk.

Kennel, indoor means an indoor facility (with no outdoor components) in which four or more household pets of the same species are temporarily housed, groomed, bred, boarded, or trained, and may also be incidentally treated for medical conditions. The phrase “kennel, indoor” includes for-profit facilities; as well as not-for-profit or public facilities at which abandoned or rescued animals are housed and offered for adoption.

Kennel, outdoor means a facility in which four or more household pets of the same species are temporarily housed, groomed, bred, boarded, or trained, and may also be incidentally treated for medical conditions, which facility includes an outdoor component, such as dog runs. The phrase “kennel, outdoor” includes for-profit facilities; as well as not-for-profit or public facilities at which abandoned or rescued animals are housed and offered for adoption.

Land Use Code means the Town of Frederick, Colorado, Land Use Code, as amended from time to time.

Landowner means any owner of a legal or equitable interest in real property, and includes the heirs, successors, and assign of such ownership interests.

Landscaping means any combination of living plants such as trees, shrubs, plants, vegetative ground cover, or turf grasses, and may include structural features such as walkways, fences, benches, works of art, reflective pools, fountains, or the like. Landscaping shall also include irrigation systems, mulches, topsoil use, soil preparation, revegetation, or the preservation, protection and replacement of existing trees.

Laundry and dry-cleaning retail outlet means a laundry or dry-cleaning business which consists primarily of serving retail customers, provided that any laundry and dry-cleaning processing that occurs on the premises is limited to items which are brought directly to the premises by the retail customer.

LF means linear foot.

Light industry means a land use that involves research and development, assembly, remanufacturing, compounding, packaging, testing, or treatment of products, generally from previously prepared materials or components, with limited outside storage and limited truck traffic, external impacts, or risks, such that the use is not defined as “heavy industry” or “heavy logistics center.” Light industry also includes wholesaling, warehousing, and distribution uses that involve fewer than 24 truck round-trips per day. The phrase “light industry” does not include the phrase “light motor vehicle repairs and service.” For illustrative purposes, light industrial uses may include:

(1) Assembly, testing, repair, or refurbishing of products, instruments, electronics, office and computing machines, and fixtures using premanufactured components;

(2) Offices of general contractors; specialty subcontractors; tradesmen; or telecommunications providers which include:

(a) Overhead door access to indoor storage of tools, parts, and materials;

(b) Parking of commercial vehicles or a fleet of cars, vans, or light trucks that are used in the business; or

(c) Limited outdoor storage areas;

(3) Food production (e.g., commercial kitchen or bakery) and packaging, but not:

(a) Meat processing involving butchering of large animal carcasses;

(b) Medical marijuana-infused products manufacture; or

(c) Restaurants;

(4) Beverage production (alcoholic and nonalcoholic) and bottling, except at scales that place such production within the definition of “brew pub, distillery pub, or limited winery”;

(5) Furniture making or refinishing;

(6) Manufacture of textiles or apparel;

(7) Screen printing of apparel (except low volume screen printing at a retail store);

(8) Printing and publishing, except copy centers, and except printing presses that require a stationary source permit or Title V permit for air emissions;

(9) Research, development, and testing laboratories (e.g., for development of products, equipment, or materials), if not classified as “office, general,” “office, medical,” or “heavy industry”;

(10) Disassembly of consumer electronics and/or appliances into component parts, where all operations and storage are within an enclosed building;

(11) Manufacture of glass products (e.g., window panes, bottles and jars), including hand-blown products;

(12) Fabrication of building materials such as countertops, drywall, and cut stone (if not classified as heavy industry);

(13) Manufacture or compounding of pharmaceutical products, dietary supplements, health and beauty products, and herbal products;

(14) Packaging of products;

(15) Storing, selling, and/or distributing merchandise for or to retailers; industrial, commercial, institutional, or professional business users; or wholesalers (but not wholesale membership clubs in which memberships are available to the general public, which are classified as “retail sales and services”); or

(16) Collection, processing (bailing, compacting, flattening, grinding, shredding, crushing, mechanical sorting, or cleaning), and storage of recyclable materials (e.g., waste paper, motor oil, aluminum and other scrap metal, polystyrene foam, porcelain, batteries, electronic components, textiles, plastics, discarded clothing or shoes, cardboard, and other recyclable household materials) prior to transport to another location for reuse or recycling; provided, that all collection and processing activities and materials storage are located within an enclosed building.

Light motor vehicle repairs and service means:

(1) Routine service to passenger vehicles that generally takes less than 90 minutes to complete (e.g., tire rotation and balance, brake service, oil changes, glass repair and replacement, fluid changes, etc.); and

(2) Repairs and service to motorcycles, scooters, snowmobiles, all-terrain vehicles (“ATVs”), riding lawnmowers, and other vehicles with engines of less than 1,500 cc displacement.

The phrase “light motor vehicle repairs and service” does not include the phrases “heavy motor vehicle repairs and service,” “heavy industry,” or “light industry.”

Lighting, indirect, when applied to the lighting of signs, shall mean reflected light only from a concealed light source outside the sign face which reflects from the sign face only or from the sign face and sign copy.

Liquor store means a business that sells alcoholic beverages, including distilled spirits or hard liquor, for off-premises consumption. The phrase “liquor store” includes businesses that are licensed pursuant to C.R.S. § 12-47-401, et seq., as retail liquor stores or liquor-licensed drug stores. The phrase “liquor store” does not include a business that sells only beer or wine for off-premises consumption.

Live-work unit means a type of residential mixed-use building that combines a dwelling unit with an integrated permissible nonresidential use (see definition of “residential mixed-use”) that is open to the public and principally used or operated by one or more of the residents of the dwelling unit.

Livestock means domestic animals kept or raised for use, pleasure, and/or profit.

Lot means a designated parcel, tract, or area of land established by plat or subdivision of at least a sufficient size to meet minimum requirements for use, street frontage, coverage, and area, and to provide required yards and other open spaces in the zoning district in which the lot is located, and which has direct access onto a public or private street.

Lot depth means the average distance between the front lot line and the rear lot line.

Lot, double frontage means a lot which fronts on one (1) public street and backs on another.

Lot, flag means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street.

Lot line, front means the property line dividing a lot from a street. On a corner lot, only one (1) street line shall be considered as a front line, and the shorter street frontage shall be considered the front line.

Lot line, rear means the line opposite the front lot line.

Lot line, side means any lot lines other than the front lot line or rear lot line.

Lot, reverse corner means a corner lot having its side street line substantially a continuation of the front lot line of the first lot to its rear.

Lot size means the total horizontal area within the lot lines of a lot; synonymous with area of lot.

Lot width means the distance parallel to the front lot line, measured at the front building setback line. Lot width on a curving front lot line means the distance parallel to the tangent of the front lot line at the building setback line. The lot width and the lot frontage may have different lengths on an irregularly shaped lot as they are measured at different points on the lot.

Lux means a measure of illuminance (a measure of light that falls upon or passes through an object), in terms of lumens per square meter.

Machine shop means a workshop where power-driven tools are used for making, finishing or repairing machines or machine parts.

Manual changeable copy center means a sign element in which letters, numbers, or symbols may be changed manually without altering the face of the sign (e.g., by placement of letters into tracks). Manual changeable copy centers are sometimes known as “readerboards” or “marquee signs.”

Manufactured home means a building that is transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities, and which has certification required by the United States Secretary of Housing and Urban Development and was constructed in compliance with the requirements of 42 U.S.C. § 5401 et seq., Manufactured Home Construction and Safety Standards, and the regulations of the Department of Housing and Urban Development that are promulgated thereunder. The phrase “manufactured home” does not include the phrase “recreational vehicle,” nor does it include the phrase “mobile home.”

Manufacturing means a business which makes products by hand or by machinery.

Marijuana uses means: (1) any “medical marijuana business,” as the phrase is defined in C.R.S. § 44-10-103(35), as may be amended, superseded, or recodified from time to time; and any “retail marijuana business,” as the phrase is defined in C.R.S. § 44-10-103(58), as may be amended, superseded, or recodified from time to time.

Medical and dental offices and clinics. See office, medical.

Medical marijuana means any marijuana that is intended for medical use and is grown for a purpose authorized by Article XVIII, Section 14 of the Colorado Constitution.

Medical marijuana-infused product means a product infused with medical marijuana that is intended for use or consumption other than by smoking, including but not limited to edible products, ointments, and tinctures. These products, when manufactured or sold by a licensed medical marijuana center or a medical marijuana-infused product manufacturer, shall not be considered a food or drug for the purposes of the "Colorado Food and Drug Act", Part 4 of Article 5 of Title 25, C.R.S.

Medical marijuana patient means a person who meets the definition of patient under Article XVIII, Section 14(1)(d) of the Colorado Constitution and applicable law.

Medical marijuana physician means a doctor of medicine as defined in Article XVIII, Section 14(1)(e) of the Colorado Constitution and meeting all requirements of Section 25-1.5-106, C.R.S., as may be amended.

Medical marijuana plant means marijuana plants, seedlings or any part thereof in a living condition that are lawfully cultivated, produced, possessed, or processed pursuant to the provisions of Article XVIII, Section 14 of the Colorado Constitution, the Colorado Medical Marijuana Code, the Colorado Medical Marijuana Program, and other applicable laws or regulations governing the cultivation, production, possession or processing of medical marijuana.

Medical use means that use described and defined in Article XVIII, Section 14 of the Colorado Constitution, the Colorado Medical Marijuana Code and the Colorado Medical Marijuana Program.

Meeting place and place for public assembly. See place of assembly.

Microbrewery shall mean a facility that produces no more than fifteen thousand (15,000) barrels per year of fermented malt beverages on site. Microbrews may sell their products off-site, but must also include a taproom in which guests/customers sample and/or purchase the product as with bar, tavern and restaurant uses with appropriate liquor licensing.

Microdistillery shall mean a facility that produces no more than fifteen thousand (15,000) gallons per year of spirituous beverages on site. Microdistilleries may sell their products off-site, but must also include a tasting room in which guests/customers may sample and/or purchase the product as with bar, tavern and restaurant uses with appropriate liquor licensing.

Microwinery shall mean a facility that produces no more than two hundred and fifty thousand (250,000) gallons per year of vinous beverages on site. Microwineries may sell their products off-site, but must also include a tasting room in which guests/customers may sample and/or purchase the product as with bar, tavern and restaurant uses with appropriate liquor licensing.

Mini-storage warehouse. See self-storage.

Mixed use shall mean the development of a lot, tract, or parcel of land, building, or structure with two (2) or more different uses, including but not limited to residential, office, retail, public uses, personal service, or entertainment uses, designed, planned, and constructed as a unit.

Mixed-use building means a building designed, planned, and constructed as a unit, used partially for residential use and partly for commercial uses, including but not limited to office, retail, public uses, personal service, or entertainment uses.

Mixed-use dwelling unit means the dwelling unit in a mixed-use building. For purposes of calculating residential density, each dwelling unit shall count as one-half (1/2) dwelling unit.

Mobile home means a dwelling that is built on a chassis designed for long-term residential occupancy, that is capable of being installed in a permanent or semi-permanent location, with or without a permanent foundation, and with major appliances and plumbing, gas, and electrical systems installed but needing the appropriate connections to make them operable, and that may be occasionally drawn over the public highways, by special permit, as a unit or in sections to its permanent or semi-permanent location. Mobile homes are different from manufactured homes in that they were either constructed before the adoption of 42 U.S.C. § 5401, et seq., Manufactured Home Construction and Safety Standards, or are otherwise not in compliance with said federal law and its implementing regulations. The phrase “mobile home” does not include the phrase “recreational vehicle.”

Model home means a dwelling temporarily used as a sales office or demonstration home for a residential development under construction, said dwelling being used as an example of a product offered for sale to purchasers (by a realtor, building developer, or contractor). The dwelling may be furnished but not occupied as a residence while being used as a model home.

Model plans means a set of standard plans for a home. Models are considered different if they have different floor plans, garage placement, and building massing (form and structure).

Modified grid pattern means a grid pattern of streets and blocks adapted to the topography, unique natural features, environmental constraints, and peripheral open space areas.

Monopole means a single, freestanding pole-type structure supporting one (1) or more antennas.

Monument sign means a detached permanent sign that is supported by more than one (1) pole or by a base structure that is not a pole (or if a pole is used, the pole is concealed).

Motor vehicle and transportation uses means a category of land uses that includes fueling, fast-charging, or service station, truck stop, heliport, helistop, motor vehicle wash, surface parking, structured parking, passenger motor vehicle sales or rental, heavy motor vehicle sales or rental, motorcycle, scooter, or ATV sales or rental, and bus or taxi terminal, on-demand transportation dispatch, and RV storage.

Motor vehicle wash means any area or business using self-service, in-bay automatic, or conveyor equipment for cleaning and washing motor vehicles, whether as a part of another business operation (e.g., as an accessory use to fueling, fast-charging, or service station), or as a stand-alone operation, of any type, on a commercial basis.

Motorcycle, scooter, or ATV sales or rental means the sale or rental of motorcycles, scooters, snowmobiles, or ATVs at the location where inventory is stored. The phrase “motorcycle, scooter, or ATV sales or rental” includes outdoor storage of motorcycles, scooters, snowmobiles, or ATVs for off-site brokers. The phrase does not include:

(1) Brokering of motorcycles, scooters, snowmobiles, or ATVs that are stored off site and delivered directly to customers (a general office use); or

(2) Indoor storage of motorcycles, scooters, snowmobiles, and ATVs for brokers who are located off site (a light industrial or heavy logistics use, depending upon the volume of sales).

Mullion means a slender vertical member dividing the opening for a pair of double doors, sometimes removable to permit the passage of large objects or, also, a vertical member between the lights of a window.

Multifamily means a building that is comprised of three or more dwelling units, sharing common vertical walls or horizontal floors and ceilings, that is not otherwise defined as a townhome or a multiplex (e.g., residences commonly referred to as apartments, garden apartments, apartment buildings, or condominiums).

Multiple-family dwelling. See multifamily.

Multiplex means a building that is comprised of three to five dwelling units, which is architecturally designed to resemble a large single-family detached building (i.e., the boundaries of the individual dwelling units are not easily discernible from outside of the building, garage doors are screened from view, and entry doors are arranged so that when viewed from the adjacent street, there appears to be only one principal entrance to the building).

Municipality means an incorporated city or town.

Muntin means a rabbeted member for holding the edges of windowpanes within a sash.

Natural areas means floodplains and flood ways, natural drainage and water ways, significant native trees and vegetation, wildlife travel corridors, special habitat features such as raptor nest sites, key nesting, breeding or feeding areas for birds; fox and coyote dens, prairie dog colonies over twenty-five (25) acres in size, remnant native prairie habitat, plains cottonwood galleries, and any wetland greater than one-quarter (1/4) acre in size.

Neighborhood means a geographical area, the focus of which is residential uses, but also may include a mixture of activities that people need to live. A neighborhood may include a diversity of housing types, schools, parks, shopping and jobs (frequently service-type), and a civic component.

Neighborhood commercial center means a shopping center which contains businesses that are intended to provide goods and services to the immediate neighborhood (within a one-quarter-mile radius).

Nightclub. See bar, tavern, or nightclub.

Nonconforming building means a building or structure, or portion thereof, that does not conform to the regulations of this Code, but that was lawfully constructed under the regulations in force at the time of construction.

Nonconforming use means a use that does not conform to the use regulations of this Code, but that was lawfully established under the regulations in force at the time the use was established and has been in regular use since that time.

Nursing home, memory care, Alzheimer’s care means a State-licensed residential facility that is regulated as a skilled nursing facility (as defined in C.R.S. § 26-4-103(11)), which provides meals, assistance with daily activities, such as dressing, grooming, and bathing, and medical care for persons who are temporarily or permanently unable to care for themselves. The phrase “nursing home, memory care, Alzheimer’s care” does not include “group home for the elderly.”

Off-site commercial message means speech that proposes a commercial transaction at a location other than the property upon which the message is displayed, or advertises a business that is not located on the property upon which the message is displayed.

Off-street parking area means all off-street areas and spaces designed, used, required, or intended to be used for the parking, storage, maintenance, service, repair, display, or operation of motor vehicles, including driveways or access ways in and to such areas, but not including any outdoor storage area used principally as a recreational vehicle, boat, or truck storage use, storage areas for landscaping, and other bulk items or public streets and rights-of-way.

Office, general means buildings from which professional, administrative, financial, clerical, brokering, real estate, and limited technical services are provided. The phrase includes, but is not limited to, the following types of businesses:

(1) Accounting, auditing and bookkeeping;

(2) Advertising and graphic design (except mailing services, which are “business services”);

(3) Architectural, engineering, and surveying services;

(4) Attorneys and court reporters;

(5) Banks, savings and loans, credit agencies, and investment companies;

(6) Brokering of motor vehicles, commodities, and other items where the thing brokered is not stored on site for any length of time;

(7) Business incubators (unless the businesses being incubated are classified as another type of use, such as light industry);

(8) Computer programming and data recovery services;

(9) Corporate headquarters;

(10) Data processing and word processing services;

(11) Detective agencies;

(12) Government offices;

(13) Insurance;

(14) Interior design;

(15) Real estate sales and off-site rental offices;

(16) Research and development (not including on-site manufacturing or fabrication, and not including marijuana uses);

(17) Retail catalog, internet, and telephone order processing, but not warehousing; and

(18) Virtual office services.

Office, medical means office space used for the examination or treatment of patients on an outpatient basis (with no overnight stays by patients), generally by appointment, including:

(1) Chiropractors, licensed massage therapists, occupational therapists, physical therapists, and acupuncturists;

(2) Dentists, orthodontists, and oral surgeons;

(3) Medical lab testing facilities;

(4) Medical doctors (physicians, pediatricians, obstetricians, gynecologists, radiologists, geriatricians, surgeons, podiatrists, osteopaths, ophthalmologists, anesthesiologists, etc.);

(5) Medical imaging centers;

(6) Midwives;

(7) Nutritionists, Ayurveda medicine practitioners, traditional Chinese medicine practitioners, homeopaths;

(8) Optometrists;

(9) Speech therapists;

(10) Outpatient surgery centers;

(11) Psychiatrists, clinical psychologists, clinical social workers, hypnotherapists, and marriage and family therapists;

(12) Physiatrists, physiotherapists, orthotics, prosthetics, recreational therapists, audiologists, respiratory therapists, rehabilitation counselors, prosthetic technicians, and personal care assistants; and

(13) Other comparable health care professionals.

Oil and gas operation. See mineral extraction, oil and gas.

Oil or gas well means a well, the principal production of which at the mouth of the well is oil or gas.

Old Town means the original Town of Frederick located south of First Street, west of Maple Street, north of Eighth Street and east of Main Street.

Open air farmers market means an occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths on-site.

Open space means any land or water area with its surface open to the sky, which serves specific uses of: providing park and recreation opportunities, conserving natural areas, wildlife habitat, agricultural areas, and environmental resources, structuring urban development form, and protecting areas of agricultural, archeological, or historical significance. Open space shall not be considered synonymous with vacant or unused land, but serves important urban functions. Usable open space shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells and their appurtenances, or other hazards to the public.

Optional premises means the premises specified in an application for a medical marijuana center license with related growing facilities in Colorado for which the licensee is authorized to grow and cultivate marijuana for a purpose authorized by Section 14 of Article XVIII of the State Constitution.

Other wireless communications facilities means:

(1) Wireless communications facilities that are mounted on a base station; including but not limited to those wireless communications facilities attached to a roof or a wall; or

(2) Modification of an existing wireless communications tower or base station that involves:

(a) Collocation of new transmission equipment;

(b) Removal of transmission equipment; or

(c) Replacement of transmission equipment.

Outdoor commercial amusement means uses that provide commercial amusement outdoors, including but not limited to:

(1) Amusement parks or theme parks;

(2) Batting cages;

(3) Bumper boats;

(4) Go-kart tracks;

(5) Golf driving ranges;

(6) Miniature golf establishments;

(7) Outdoor paintball courses; and

(8) Water slides and wave pools.

The phrase “outdoor commercial amusement” does not include the phrases “outdoor firing or gun range,” “golf course,” “outdoor stadium, arena, amphitheater, or drive-in theater” or “race track,” or the term “zoo.”

Outdoor display means the display of products for sale outside a building or structure in areas which customers have access to, including vehicles, garden supplies, tires, boats and aircraft, farm equipment, motor homes, burial monuments, building and landscape materials, and lumber yards. Outdoor display areas in vehicular parking areas shall not impede access, encroach into the required setbacks, or reduce the number of required parking spaces.

Outdoor firing or gun range means the use of land designed for the safe discharge of archery, rifles, shotguns, handguns, or any other firearm or similar device for the purpose of sport shooting or military/law enforcement training. The range may use silhouettes, skeet, trap, or other similar materials to facilitate target practice. Excluded from this use shall be general hunting and discharging of firearms on private property with the property owner’s permission as prohibited by Municipal Code Section 10-224. Excluded from this use type are amusements that do not involve potentially lethal projectiles (e.g., paintball) which are classified as “outdoor commercial amusement.”

Outdoor stadium, arena, amphitheater, or drive-in theater means:

(1) Outdoor stadium or arena, which is an outdoor area surrounded by tiered rows of seats or benches, designed for the viewing of live sporting events, rodeos, equestrian events, livestock exhibitions, concerts, or other organized entertainment.

(2) Amphitheater, which is an outdoor stage (covered or uncovered) designed for live performances and/or the display of films, that faces a lawn or hardscaped area used for temporary or permanent seating.

(3) Drive-in theater means an area of land that includes one or more large outdoor screens or other structure for the display of motion pictures and an area for parking automobiles from which the motion pictures are viewed.

Outdoor storage means the keeping, outside a building, of any equipment, goods, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. Semi-trailers may not be used for residential or storage uses except on construction sites. Outdoor storage shall not include the storing of junk or the parking of inoperable motor vehicles.

Outlot means a measured piece of land contained within subdivided land that is not a building lot. An outlot may be conveyed to the public for open space or other public purposes, be retained by the developer for later subdivision, or be conveyed to an owners association.

Overhead power lines (110 kV or more) means high voltage (110 kilovolts or more) power lines that are used to transmit electricity over long distances.

Owner means the person or entity that owns the property under consideration.

Parapet means a low, protective wall at the edge of a terrace, balcony, or roof, especially that part of an exterior wall, fire wall or party wall that rises above the roof.

Parcel means a tract or plot of land.

Park means an area open to the general public and reserved for recreational, educational, or scenic purposes. Parks are classified as “active” or “passive”. See park, active and park, passive.

Park, active means an area of land that provides for active outdoor recreation opportunities for the public (open to the community) or residents of a subdivision or development, which are generally not commercial in nature. The phrase “park, active” includes areas for active recreational activities including, but not limited to:

(1) Skate parks;

(2) Sports fields and play courts (e.g., tennis courts, basketball courts, pickleball courts, and outdoor racquetball or squash courts);

(3) Outdoor swimming pools and splash parks.

Park, passive means an area of land that provides passive outdoor recreation opportunities for the public (open to the community) or residents of a subdivision or development, which are generally not commercial in nature. The phrase “park, passive” includes areas for passive recreational activities including, but not limited to:

(1) Jogging, cycling, tot-lots, fitness trails, and playgrounds;

(2) Arboretums, wildlife sanctuaries, forests, and other natural areas which may be used for walking or hiking; or

(3) Other passive recreation-oriented parks, including picnic areas.

Parking garage. See structured parking.

Parking lot. See surface parking.

Passenger motor vehicle sales or rental means the sale or rental of passenger vehicles at the location where inventory is stored. The phrase “passenger motor vehicle sales or rental” includes outdoor storage of passenger vehicles for brokers. Not included in the definition are:

(1) Brokering of passenger vehicles which are stored off site and delivered directly to customers (a general office use);

(2) Indoor storage of passenger vehicles for brokers who are located off site (a light industrial or heavy logistics use, depending upon the volume of sales); and

(3) Passenger motor vehicle rental locations that have not more than five rental vehicles stored on site at any one time (a retail sales and services use).

Pawnbroker means a business that is regulated by C.R.S. § 29-11.9-101, et seq., that:

(1) Regularly contracts to advance money to customers on the delivery of tangible personal property by the customer on the condition that the customer, for a fixed price and within a fixed period of time, has the option to cancel the contract; or

(2) Purchases tangible personal property that has not previously been sold at retail in the course of its business of reselling tangible personal property.

Pedestrian scale (human scale) means the proportional relationship between the dimensions of a building or building element, street, outdoor space, or streetscape element and the average dimensions of the human body, taking into account the perceptions and walking speed of a typical pedestrian.

Pergola means a structure of parallel colonnades supporting an open roof of beams and crossing rafters or trellis work, over which climbing plants are trained to grow.

Permanent monument means any structure of masonry and/or metal permanently placed on or in the ground, including those expressly placed for surveying reference.

Personal services means a business that is engaged in the provision of informational, instructional, personal improvement, personal care, or similar services within an enclosed building, including, but not limited to:

(1) Art, music, and computer programming instruction;

(2) Beauty and barber shops;

(3) Cooking instruction;

(4) Driving schools;

(5) Handicraft or hobby instruction;

(6) Laundry and dry-cleaning retail outlets;

(7) Portrait shops or photography studios;

(8) Shoe repair; or

(9) Tailor/alterations shops.

Pervious surface means a surface that allows precipitation to infiltrate directly into the ground.

Phase means a portion of property that is being platted and engineered for development at the same time.

Photovoltaic arrays (2 MW or more) means a photovoltaic generation facility with a nameplate capacity of 2 MW or more that is a principal use of land. Photovoltaic arrays that have a nameplate capacity of less than 2 MW are classified as “utilities, minor.” Photovoltaic arrays that are installed on rooftops or over parking lots are not regulated as principal uses.

Pilaster means a rectangular support or pier treated architecturally as a column, with a base shaft and capital.

Pixel pitch means a measurement of the resolution of an electronic message center display, in terms of the distance (generally in millimeters) between the center of a light emitting diode (LED) cluster (pixel) and the center of the next LED pixel. Lower pixel pitch measurements indicate higher display resolution.

Place of assembly means a building, portion of a building, or property in which people assemble for civic, educational, religious, social, or cultural purposes. This use includes facilities used for worship and accessory celebratory events; meeting halls; event centers; fraternal organizations; outdoor assembly areas; and private clubs.

Plan means the map and supporting documentation for a development, which includes but is not limited to lots, blocks, easements, rights-of-way, pedestrian ways, park and school sites, open space areas, and conservation areas in accordance with the requirements of this Code.

Planned unit development (PUD) means a project of a single owner or a group of owners acting jointly, involving a related group of residences, businesses or industries, and associated uses. Planned as a single entity, the project is subject to development and regulations as one (1) land-use unit rather than as an aggregation of individual buildings located on separate lots. The planned unit development includes usable, functional open space for the mutual benefit of the entire tract; and is designed to provide variety and diversity through the variation of normal zoning and subdivision standards so that maximum long-range benefits can be gained and the unique features of the development or site preserved and enhanced while still being in harmony with the surrounding neighborhood. Approval of a planned unit development does not eliminate the requirements of subdividing and recording a plat.

Planning area boundary means the area surrounding the Town that the Town will consider annexing and developing. The planning area boundary is delineated on the Town of Frederick Comprehensive Plan Land Use Map.

Planning Director means the person designated by the Town Manager to administer the provisions of this Code.

Plant nursery and greenhouse means any land or structure used primarily to raise trees, shrubs, flowers, or other plants for sale or for transplanting.

Plat means a map of certain described land prepared in accordance with the requirements of this Code and C.R.S. Section 38-51-106 as an instrument for recording of real estate interests with the County Clerk and Recorder.

Pole-mounted small cell wireless facility means a small cell facility with antennas that are mounted and supported on an alternative tower structure, which includes a replacement pole.

Pole sign means a detached permanent sign that is mounted upon one (1) pole.

Portable sign means a sign that is designed to be easily moved from one (1) location to another, and when placed, is neither fastened to a permanent structure or building, nor staked or otherwise installed into the ground. Portable signs include signs that are mounted on trailers, wheeled carriers, or frames that are designed to be placed onto a surface without being secured to it.

Primary caregiver means a person who meets the definition of primary caregiver under Article XVIII, Section 14(1)(f) of the Colorado Constitution and applicable law.

Primary residence means the place that a person, by custom and practice, makes his or her principal domicile and address and to which the person intends to return, following any temporary absence, such as vacation. Residence is evidenced by actual daily physical presence, use, and occupancy of the primary residence and the use of the residential address for domestic purposes, such as, but not limited to, slumber, preparation of and consumption of meals, regular mail delivery, vehicle and voter registration, or credit, water, and utility billing. A person shall have only one (1) primary residence. A primary residence shall not include accessory buildings.

Prime farmland means land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops, and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides, and labor and without intolerable soil erosion, as determined by the Secretary of Agriculture. Prime farmland includes land that possesses the above characteristics but is being used currently to produce livestock and timber. It does not include land already in or committed to urban development or water storage.

Principal building entrance. See principal entrance.

Principal entrance means a door that provides a primary point of public pedestrian access into a building. The phrase “principal building entrance” does not include doors used principally as emergency exits, or with regard to premises that are open to the public, doors that provide restricted access (e.g., for employees or deliveries).

Principal use means the main use of land or of a structure as distinguished from a subordinate or accessory use.

Print shop means an establishment in which the principle business consists of duplicating and printing services using photocopy, blueprint, or offset printing equipment, including publishing, binding, and engraving, excluding businesses providing copy services and that fall under Personal and business service shops.

Prison or jail means a facility for the judicially required detention or incarceration of people, where inmates and detainees are under 24-hour supervision by professionals, except when on approved leave. The facility may also be established in conjunction with a law enforcement or public safety building, established for the temporary detention of adult or juvenile persons while being processed for arrest or detention by law enforcement.

Private school means a school that is established, conducted, and primarily supported by a nongovernmental agency.

Professional office. See office, general.

Projecting sign means a sign that is mounted upon a building wall such that the sign face is not roughly parallel to the building wall.

Proof of ownership means ownership as specified in a current title insurance commitment or policy, or certification of title, issued by a title insurance company licensed by the State.

Property means all real property subject to land use regulation by the Town.

Property line means the boundary of any lot, parcel, or tract as the same is described in the conveyance of such property to the owner; and does not include the streets or alleys upon which the said lot, parcel or tract abuts.

Property rights mean the rights a property owner within the Town has to use his or her property within the legal parameters set forth in this Code.

Protective care means a licensed homeless youth shelter as defined in C.R.S. § 26-6-102(17), a day treatment center as defined in C.R.S. § 26-6-102(10), a secure residential treatment center as defined in C.R.S. § 26-6-102(35), an acute treatment unit as defined in 2 CCR § 502-1, substance use disorder treatment facilities that provide ASAM Level III residential services as such services are defined in 2 CCR § 502-1 (e.g., nonhospital residential detoxification units), residential child care facilities that are designated to provide mental health services (see § 7.701.2.G, 12 CCR § 2509-8), psychiatric residential treatment facilities, and comparable facilities.

Public hearing means a meeting called by a public body for which public notice has been given and which is held in a place at which the general public may attend to hear issues and to express their opinions. Notice of a public hearing shall be posted/published fifteen (15) days prior to the hearing.

Public improvement means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree lawn, landscaped open space, off-street parking area, lot improvement, or other facility which benefits the public.

Public open space means an open space area conveyed or otherwise dedicated to the municipality, state, county, or other public body for recreational or conservation uses. Public open spaces are to be unencumbered by any nuisance or hazards to the public.

Public property means real property owned or controlled by the Town, excluding the public right-of-way.

Public right-of-way (ROW) means any public street, way, alley, sidewalk, median, parkway, or boulevard that is dedicated to public use.

Public school means a free, tax-supported school that is controlled and operated by or contracted with the St. Vrain Valley School District.

Public use means a use which is owned by and operated for the public by the Town, County, state, or federal governments, school districts, recreation district, or other special district as defined by Title 32 of the Colorado Revised Statutes.

Public utility means a common carrier supplying electricity, wire telephone service, natural gas, water, wastewater or storm water service, or similar public services, but shall not include railroads, other forms of rail mass transit or depots or terminals supporting the same, or wireless telecommunication facilities.

Quasi-public means having the nature or characteristics of being public, but owned by a private or not-for-profit entity.

Race track means a commercial facility consisting of a track, either paved or unpaved, which is used primarily for the sport of racing motor vehicles (cars, motorcycles, or all-terrain vehicles, but not go-karts). A racetrack may include seating, concession areas, restaurants, sky boxes, parking facilities, maintenance facilities, accessory offices, garages, and accessory retail facilities. The phrase “race track” includes any facility used for driving automobiles under simulated racing or driving conditions (test tracks, “shakedown” tracks, or other similar facilities), regardless of whether they include seating, concession areas, or retail facilities for the general public.

Raw water means water rights acceptable to the Town for domestic purposes, or water rights acceptable to the Town that may be used for irrigation of public facilities.

Recording or TV studio means a facility for the recording and production of audio or video material, such as the recording of music, voice, or video, for live broadcast or post-production.

Recreational vehicle (“RV”) means a vehicle that is:

(1) Built on a single chassis;

(2) Four hundred square feet or less when measured at the largest horizontal projections;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

The phrase “recreational vehicle“ also includes any vehicle that may be used for recreation or personal purposes, including, but not limited to, a boat, motor home, camper trailer, detached camper or detached trailer of any design, whether commercially manufactured or homemade, but not including a manufactured home or mobile home. The phrase “recreational vehicle” includes any trailer used to transport any recreational vehicle(s). For illustrative purposes, the phrase “recreational vehicle” includes:

(1) Camping trailer or tent trailer, which means a folding structure, constructed of canvas, plastic, or similar water repellent material, designed to be mounted on wheels and designed for travel and recreation.

(2) Motorized camper, motor home, recreational conversion van or bus, which means a recreational vehicle consisting of a portable, temporary dwelling to be used for travel, recreation, and vacation uses, and constructed as an integral part of a self-propelled vehicle.

(3) Pick-up camper, which means a vehicle designed to be mounted on or loaded into a pick-up truck chassis for use as a temporary dwelling for travel and recreation.

(4) Travel trailer, which means a towed vehicle designed as a temporary dwelling for travel and recreation.

(5) Travel trailer, self-contained, which means a trailer which can operate independently of connections to sewer, water, and electric systems. It contains a water-flushed toilet, lavatory, shower or bath, and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the trailer.

Recreational vehicle park. See campground or RV park.

Recreational vehicle storage means a parcel of land specifically developed for storing privately-owned recreational vehicles in exchange for compensation, whether such storage is outdoors, covered, or indoors.

Recreational vehicle site means a plot of ground within a recreational vehicle park intended for the accommodation of either a recreational vehicle, tent, or other individual camping unit on a temporary basis.

Recycling collection center means a location for the collection of recyclable materials (e.g., waste paper, motor oil, aluminum and other scrap metal, polystyrene foam, porcelain, batteries, electronic components, textiles, plastics, discarded clothing or shoes, cardboard, and other recyclable household materials), for processing (bailing, compacting, flattening, grinding, shredding, crushing, mechanical sorting, or cleaning) and storage prior to transport to another location for reuse or recycling, where some or all processing and storage activities are located outside of a building. Such a facility, if entirely enclosed within a building or buildings, shall be considered “light industry.” The phrase “recycling collection center” does not include the phrase “salvage yard.”

Recycling facility. See recycling collection center.

Registry identification card means that document, issued by the State Department of Public Health, which identifies a patient authorized to engage in the medical use of marijuana and such patient’s primary care-giver, if any has been designated.

Replacement pole means a newly constructed and permitted traffic signal, utility pole, street light, flagpole, electric distribution, or street light poles or other similar structure of proportions and of equal height or such other height that would not constitute a substantial change to a preexisting pole or structure in order to support a WCF or small cell facility or to accommodate collocation and remove the preexisting pole or structure.

Research laboratories. See office, general or office, medical, as applicable.

Residential forms means a category of residential land uses that includes single-family detached, duplex, townhome, multiplex, multifamily, and manufactured homes.

Residential mixed-use means a building that contains a residential use and one or more hospitality, recreation and entertainment uses, general commercial uses, community, civic, educational, and institutional uses, or workshop and custom small industry uses that are open to the public; provided, that such uses are permissible in the underlying zoning district. The phrase “residential mixed-use” includes the phrase “live-work unit,” but also includes buildings in which the dwelling units are separated from the nonresidential uses. Multifamily uses are not classified as “residential mixed-use” if they include an on-site leasing office, or if they provide recreational, leisure, or business center amenities that are available only for the use of residents of the multifamily use and their guests. However, multifamily uses that provide support services for residents that are not typical within the multifamily housing market, such as schools, day care facilities, job training, or similar functions, are classified as “residential mixed-use.”

Resource extraction, minerals means the extraction of coal or other mineral resources (including sand and gravel, but not oil and gas) from the land (surface or subsurface). The phrase “resource extraction, minerals” does not include cut and fill operations within a property, construction or maintenance of canals or reservoirs, or the removal and transportation of fill from one property to another as part of an approved development plan; provided, that both properties are controlled by the same landowner.

Resource extraction, oil and gas means any structure, facility, or activity which is constructed on or disturbs land in association with oil or gas drilling, production, or waste treatment and disposal, including but not necessarily limited to wells, tanks or tank batteries, pits, access roads for ingress and egress, and pipelines.

Restaurant means an establishment in which the principal business is the sale of food and beverages that are prepared for customers and served in a ready-to-consume state. A restaurant may include indoor and/or outdoor dining areas, and drive-up, drive-in, or drive-through facilities. Restaurants may also provide live entertainment for customers seated at indoor dining tables. Fermented malt beverages, and/or malt, special malt, or vinous and spirituous liquors may be produced and sold on the premises as provided in applicable alcohol beverage licenses. The term “restaurant” does not include the phrase “bar, tavern, or nightclub” (although they can be co-located as zoning may allow), and does not include the phrase “adult-oriented use.”

Restaurant, drive-in or drive-through. See restaurant.

Restaurant, fast food. See restaurant.

Restaurant, standard. See restaurant.

Resubdivision or replat means the changing of any existing lot or lots, street rights-of-way or easements of a subdivision plat previously recorded with the County Clerk and Recorder.

Retail sales and services means a use involving the sale, lease, or rental of consumer, home, and business goods and small equipment to consumers. Such uses include but are not limited to department stores, furniture stores, clothing stores, second-hand stores, thrift shops, consignment stores, and establishments providing the following products or services: antiques, appliances, art, art supplies, beauty supplies, bedding and mattresses, bicycles, books, building supplies, magazines and newspapers, craft supplies, copies and copiers, costumes, dry goods, electronics, fabric, framing, games, garden supplies, gifts, groceries, hardware, head shops, home improvement goods, household products, jewelry, lumber, music, musical instruments, office supplies, party supplies, pets and pet supplies, pharmaceuticals, phones, photography equipment, produce, sporting goods, stationary, temporary signs, toys, and videos; and new automotive parts and accessories. The phrase also includes services such as charitable donation collection centers, coin laundries, installation of electronics (e.g., audio systems and navigation systems) into motor vehicles, passenger motor vehicle rentals and pickup trucks; provided, that not more than five rental vehicles are stored on site at any time, picture framing, real estate offices that are open for walk-in traffic; repairs of products sold by the establishment (e.g., a computer store may also repair computers), repairs of consumer electronics, tattoo parlors, and comparable services.

The phrase “retail sales and services” does not include uses that are classified or defined more specifically in this Code, including but not limited to restaurants (all types); sexually-oriented businesses; retail marijuana uses; pawnbrokers, convenience lending, and liquor stores. Retail sales and services uses are generally conducted indoors.

Retention basin means a pond, pool, or basin used for permanent storage of water runoff.

RF compliance letter means a letter from the wireless communications facility applicant certifying that the proposed WCF will comply with federal regulations regarding radio frequency emissions.

Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term right-of-way for land platting purposes shall mean that every right-of-way established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use on the plat on which such right-of-way is established.

Roof, gable means a roof sloping downward in two (2) parts from a central ridge, so as to form a gable at each end.

Roof, hip means a roof having sloping ends and sides meeting at an inclined projecting angle.

Roof sign means a sign that is installed, in whole or in part, above an eave line or parapet of a building.

Rural road means a street designed following the rural local cross-section as described in approved version of the Town of Frederick Design Standards and Construction Specifications.

Salvage yard means any establishment that is maintained, used, or operated for storing, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. Salvage yards are also referred to by Colorado law as “automobile graveyards.” See C.R.S. § 43-1-502.

Sanitary facilities means toilets, urinals, lavatories, showers, utility sinks, and drinking fountains, and the service buildings containing these units.

Sanitary waste station means a facility used for removing and disposing of waste from self-contained camping vehicle sewage holding tanks.

School means any building or part or any building used for instructional purposes to provide elementary, secondary, post-secondary, or vocational education. School does not include "child/day care centers" but includes the following more specific uses: public school, private school, business, vocations, and trade schools.

School, elementary or middle means a school that provides general full-time educational curriculum for two or more grades from Kindergarten through eight.

School, high means a school that provides general full-time educational curriculum for grades nine through 12.

School, vocational or trade means an educational facility that primarily teaches skills that directly prepare students for jobs in a trade or profession, resulting in a certificate, diploma, or degree awarded upon the student’s completion of the curriculum. Examples include, but are not limited to, art schools, business colleges, trade schools, massage schools, and beauty schools.

Searchlight means an apparatus used to project a beam of light.

Self-storage means a facility that provides individual storage compartments within a building for household or commercial goods. Storage spaces may be accessed from interior hallways or individual outside doors or overhead doors. A self-storage use may include a single dwelling unit for one or more persons employed by and residing at the self-storage facility for the purpose of on-site management and security.

Senior housing means housing intended and operated for occupancy by persons fifty-five (55) years of age or older as further defined by the US Fair Housing Act and Housing for Older Persons Act of 1995.

Service building means a structure housing toilet, lavatory, bath, laundry, service sink and other such sanitary facilities as may be required.

Setback means the required unoccupied open space between the nearest projection of a structure and the property line of the lot on which the structure is located.

Setback, front yard means the distance a building or structure must be placed from the front lot line.

Setback, rear yard means the distance a building or structure must be placed from the rear lot line.

Setback, side yard means the distance a building or structure must be placed from the side lot line.

SF means square foot.

Shooting range. See indoor firing or gun range or outdoor firing or gun range, as applicable.

Shooting range, indoor. See indoor firing or gun range.

Shooting range, outdoor. See outdoor firing or gun range.

Shopping center means a group of retail and service establishments located in a complex which is planned, developed, owned, or managed as a unit, with off-street parking provided on the property.

Sidewalk means the hard surface path within the street right-of-way for use by pedestrians and/or bicyclists.

Sidewalk sign means a type of portable sign that is designed to be placed (but generally not anchored) upon a hard surface in order to attract the attention of pedestrians.

Sight distance triangle means the area at the four (4) corners of an intersection that is to be kept free of shrubs, ground covers, berms, fences, structures or other materials or items greater than thirty (30) inches in height. Trees shall not be planted in the triangular area. Further definition is provided in the approved version of the Town of Frederick Design Standards and Construction Specifications.

Sign means any surface, fabric, device, or display that includes (or is specifically designed to include) lettered, pictorial, or sculptured matter that is intended to convey information to people on a sidewalk, in a parking lot, on a public street or other right-of-way, or on nearby property. The term sign also includes all structural members (if any).

Sign face means the surface area of a sign which is designed for placement of text, symbols, or images.

Signal interference letter means a letter from the applicant certifying that the proposed WCF will comply with all federal regulations regarding radio signal interference.

Significant wildlife habitat and migration corridors are areas designated by the Colorado Division of Wildlife and/or the Colorado Natural Diversity Information Source (www.ndis.nrel.colostate.edu) as areas of landscape that provide food, cover, and water sufficient to meet the needs of a given species to survive and reproduce.

Single-family detached means a building that serves as a single dwelling unit, which is typically located on a privately-owned lot with private yards on each side of the building. Single-family detached buildings may also be located on property that is subject to a condominium declaration, such that the building is surrounded by limited common elements for use by residents of the single-family detached residence, which serves essentially the same purpose as a private yard.

Site for towers (other than towers in the right-of-way and eligible support structures) shall mean the current boundaries of the leased or owned property surrounding the tower or eligible support structure and any access or utility easements currently related to the site. A site, for other alternative tower structures, base stations and small cell facilities in the right-of-way, is further restricted to that area comprising the base of the structure and to other related accessory equipment already deployed on the ground.

Site plan means a scale drawing of a lot, showing the actual measurements, the size and location of any existing and/or proposed buildings, the location of the lot in relation to abutting streets, and other details such as parking areas, access points, landscaped area, building areas, setbacks from lot lines, building heights, floor areas, densities, utility locations, and easements.

Site sign means a type of temporary sign that is constructed of vinyl, plastic, wood, metal, or other comparable rigid material, which is displayed on a structure that includes at least two (2) posts.

Site specific development plan means the final plat of a subdivision or final development plan of a PUD (Planned Unit Development) when approved by the Board of Trustees pursuant to Article 5 of this Code.

Small cell wireless facility means a wireless communications facility where 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 primary equipment enclosures are not 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 enclosure, backup power systems, grounding equipment, power transfer switch, and cut-off switch.

Sock sign means a type of temporary sign that is constructed of flexible material, designed to fit over a permanent sign face or mount.

Special residential uses means a category of land uses that includes assisted living or congregate care, group home, residential mixed-use, nursing home, memory care, Alzheimer’s care, and protective care.

Special use means a use which follows the process of an administrative application, but that has special requirements that must be met in order for consideration of approval. Article 9 outlines the specifications for a special use.

Specified anatomical areas means:

(1) Less than completely and opaquely covered: human genitals, pubic region, buttocks and female breast below a point above the top of the areola; or

(2) Human male genitals in a discernibly turgid state even if completely and opaquely covered.

Specified sexual activities means acts, simulated acts, exhibitions, representations, depictions or descriptions of:

(1) Human genitals in a state of sexual stimulation or arousal;

(2) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts;

(3) Intrusion, however slight, of any object, any part of an animal’s body, or any part of a person’s body into the genital or anal openings of any person’s body or into the body of an animal;

(4) Cunnilingus, fellatio, anilingus, masturbation, bestiality, lewd exhibition of genitals, or excretory function; or

(5) Flagellation, mutilation, or torture for purposes of sexual arousal, gratification or abuse.

Split garages means having at least two (2) separate garages that are oriented in different directions.

Stage means a raised floor or platform at least 3 feet above the surrounding floor measured perpendicularly from the edge of the stage to the surrounding floor and at least 36 square feet in area.

Storage yard means a location for outdoor storage of operable equipment and materials for off-site processing, construction projects, or right-of-way maintenance; and/or operable recreational vehicles, boats, trucks, commercial vehicles, or passenger vehicles. A storage yard may include an accessory office and a dwelling unit for one or more persons employed by and residing at the storage yard for the purpose of on-site management and security. The phrase “storage yard” does not include the phrase “salvage yard” and does not include outdoor storage that is accessory to another principal use.

Street means a public thoroughfare which affords the principal means of access to abutting property.

Street elevation means a street-facing building elevation.

Street furniture means constructed objects, such as outdoor seating, kiosks, bus shelters, sculpture, tree grids, trash receptacles, fountains, and telephone booths, that have the potential for enlivening and giving variety to streets, sidewalks, plazas, and other outdoor spaces open to and used by the public.

Streetscape means the distinguishing character of a particular street within the public right-of-way, including paved materials, and the adjacent space extending along both sides of a street, including landscaping, sidewalks, medians, lighting, street furniture, and signage.

Structure means a combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water.

Structured parking means a structure that is composed of one or more above-ground or below-ground levels that are used for the parking of passenger motor vehicles. Structured parking may be totally below grade (underground structured parking); or partially or totally above grade (above-ground structured parking); and may be separate from or integrated into a building that is used for other purposes. Structured parking includes parking lifts. Structured parking is the principal use of land if it is not related to a specific land use on the same parcel. Structured parking uses may include electric vehicle charging stations as an accessory use.

Subdivider or developer means any person, partnership, joint venture, limited liability company, association, or corporation who participates as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale, or lease of a development.

Subdivision means the platting of a lot or the division of a lot, tract, or parcel of land into two (2) or more lots, plots, or sites.

Subsidence means a local mass movement that involves the downward settling or sinking of the solid earth’s surface. Subsidence may be due to natural geologic processes or man’s activity such as coal mining.

Substantial change for eligible support structures means a modification substantially changes the physical dimensions of an eligible support structure if, after the modification, the structure meets any of the following criteria: (a) for towers other than alternative tower structures or towers in the right-of-way, it increases the height of the tower by more than ten percent (10%) or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater; (b) for towers other than towers in the right-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet; (c) for any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or for towers in the right-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure; (d) for any eligible support structure, it entails any excavation or deployment outside the current site; (e) for any eligible support structure, it would defeat the concealment elements of the eligible support structure (for the purposes of this subsection (e), a change which undermines the concealment elements of an eligible support structure will be considered to defeat the concealment elements); or (f) for any eligible support structure, it does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, unless the noncompliance 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 (a), (b), and (c) of this definition. For purposes of determining whether a substantial change exists, changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height are measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012.

Substantial modification means any modification of a sign that involves alteration or replacement of a structural support, enlargement of the sign area, material changes to the sign height or sign clearance, obvious changes of materials or components (e.g., replacement of wood with plastic), addition of new components (e.g., installation of lighting or an EMC) or repairs that cost more than fifty percent (50%) of the replacement cost of the sign. Substantial modifications do not include replacement of sign panels in a sign cabinet with comparable materials that display different messages, replacement of existing light sources with compliant light sources (unless the electrical work exceeds the repairs limit), painting, or repainting.

Supermarket. See retail sales and services.

Surface parking means an area of land that is designated for the parking of passenger motor vehicles in parking spaces, the related parking aisles, the landscaped areas that are surrounded by parking spaces and parking aisles, and the landscaped areas at the corners of the paved areas insofar as their inclusion in the surface parking area gives it a regular shape. Surface parking uses may include electric vehicle charging stations as an accessory use. The phrase “surface parking” does not include driveways on individual residential lots, nor does it include individual garages or carports. Surface parking is a principal use of property if it is not related to a specific land use on the same parcel.

Swing sign means a type of temporary sign that is suspended from a horizontal swing post that is attached to a post that is staked into the ground. Swing signs may include riders that are mounted to the swing post or suspended under the sign panel.

Illustrative Swing Signs

Swing-in garage means a garage that is oriented so that the garage doors are perpendicular to the street.

Tandem garage means a garage that allows for the parking of one (1) car in front of another.

Tandem parking means parking two (2) cars in a driveway or parking space so that one (1) car is right in front of the other and the front car cannot move until the back car is moved.

Tavern. See bar, tavern, or nightclub.

Temporary use means a prospective use intended for limited duration and to be located in a zoning district that may or may not permit such use, and shall not include continuing a nonconforming use or building.

Title commitment means formal documentation from a title company listing the name of the owner of the property under consideration, the legal description of the property and any legal holdings on the property such as easements, rights-of-way, or liens.

Tourist facility means an establishment set up to primarily provide local tourist information to visitors.

Tower means any structure that is built for the sole or primary purpose of supporting one (1) or more any FCC 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. The term includes self-supporting lattice towers, guy towers or monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and the like.

Town means the Town of Frederick, Colorado.

Town of Frederick Comprehensive Plan means the plan which was adopted by the Planning Commission and Board of Trustees in accordance with C.R.S. Section 31-23-206, to guide the future growth, protection, and development of the Town, affording adequate facilities for housing, transportation, comfort, convenience, public health, safety, and general welfare of its population.

Townhome means a building that is comprised of three or more dwelling units, in which the dwelling units are separated by a shared wall with no penetrations, and each unit has a separate principal entrance.

Transit facilities means facilities such as bus stops, bus terminals, transit stations, transfer points, or depots.

Transmission equipment means equipment that facilitates transmission for any FCC licensed or authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with 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.

Tree lawn means a strip of landscaping within the right-of-way, generally between the roadways and an adjacent sidewalk.

Trip means a single or one-way vehicle movement to or from a property or study area. Trips can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time.

Truck stop means an establishment engaged primarily in the fueling or charging of tractor trucks or similar commercial vehicles, and may also include facilities for parking, servicing, or repair of tractor trucks or similar commercial vehicles (but not body repairs (collision centers), paint, upholstery, engine replacement or reconditioning, air conditioning replacement, tire recapping, or custom body work) and the sale of accessories and equipment for such vehicles. A truck stop may include overnight accommodations, showers, or restaurant facilities primarily for the use of truck crews. The phrase “truck stop” does not include the phrase “fueling, fast-charging, or service station.”

Undermining means land that has been mined under the surface of the ground.

University or college means an educational institution that is authorized by the State of Colorado or other nationally recognized accrediting entity to award associates’ or higher degrees.

Usable form of marijuana means the seeds, leaves, buds, and flowers of the plant (genus) cannabis, and any mixture or preparation thereof, which are appropriate for medical use as provided in Colorado Constitution Art. XVIII, Sec. 14, but excludes the plant’s stalks, stems, and roots.

USGS datum means the United States Geological Survey basis of elevations.

Utilities, major means generating plants (except nuclear and photovoltaic), electrical switching stations, electrical transmission substations, water or wastewater treatment plants, and other comparable infrastructure. The phrase “major utilities” does not include utility or communications uses that are more specifically defined as utility, minor or essential utilities.

Utilities, minor means water booster stations, wastewater lift stations, electrical distribution substations, gas regulator substations, battery energy storage systems with a capacity less than 150 MWh, and other comparable infrastructure used in the provision or distribution of utility service.

Utility uses means a category of land uses that includes battery energy storage system, data center, overhead power lines (110 kV or more), photovoltaic arrays (2 MW or more), utilities, minor, and utilities, major.

Vacant land means land that does not have development on it.

Vegetation means plants growing in a place, including but not limited to trees shrubs, vines, grasses, and groundcover.

Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan, pursuant to Article 5 of this Code.

Veterinary facilities, small animal clinic means any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases wherein the animals are limited to dogs, cats, or other comparable household pets and wherein the overnight care of said animals is limited to cases in which overnight care is necessary in the medical treatment of the animal.

Veterinary facilities, large animal clinic means any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases wherein the animals are not limited to dogs, cats, or other comparable household pets (and may include by way of illustration and not limitation horses, cows, bison, elk, deer, llamas, alpacas, sheep, goats, chickens, turkeys, ducks, and pigs), and wherein the overnight care of said animals is limited to cases in which overnight care is necessary in the medical treatment of the animal. A veterinary facilities, large animal clinic use may include a wildlife rehabilitation use.

Veterinary and domestic animal uses means a category of land uses that includes commercial equestrian facilities; kennels, indoor; kennels, outdoor; veterinary facilities; large animal clinics; veterinary facilities; small animal clinics, and wildlife rehabilitation.

Walkable means a distance of one-quarter (1/4) mile or within a five- to ten-minute walk.

Walkway means:

(a) A right-of-way dedicated to public use that is not within a street right-of-way, to facilitate pedestrian access through a subdivision block by means of a hard surface path.

(b) Any portion of a parking area restricted to the exclusive use of pedestrian travel.

Wall sign, painted or applied means a type of permanent sign that is painted on or applied to a wall of a building, which extends not more than two (2) inches from the building wall.

Waste transfer station means the use of land or a facility, regardless of name or title, to unload solid waste from vehicles, and with or without intermediate processing (bailing, compacting, flattening, grinding, shredding, crushing, mechanical sorting, or cleaning) subsequently reload the waste onto other vehicles for delivery to another waste transfer station, storage site, or disposal site. In addition to transferring solid waste, a waste transfer station may also include a recycling collection center and/or light industrial uses related to recycling.

Wildlife rehabilitation means a premises used for wildlife rehabilitation by the holder of a wildlife rehabilitator license or provisional wildlife rehabilitator license issued by the State of Colorado pursuant to 2 CCR § 406-14.

Window sign means a type of temporary or permanent sign that is: (1) painted on, applied to, or attached to a window; or (2) installed or positioned within a building such that the sign face is oriented towards and highly visible through a window that is within six (6) feet of the sign.

Window transparency means, for the purposes of this Article, any area of a window that is not covered or obstructed by a sign, such that the visibility through the window in both directions is not blocked by a sign. The actual visibility through the window (e.g., a pedestrian’s ability to overcome daytime glare) is not a factor in the determination of window transparency.

Winery. See light industry.

Wireless communications facility or WCF means a facility used to provide personal wireless services as defined at 47 U.S.C. § 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the Code. A WCF includes an antenna or antennas, including, without limitation, direction, omnidirectional and parabolic antennas, support equipment, alternative tower structures, and towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or handheld radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this Article.

Wireless telecommunications uses means a category of land uses that includes freestanding communications towers, alternative tower structures, small cell wireless facilities, and other wireless communications facilities.

Workshop and custom small industry means a light industrial use wherein goods are produced or repaired by hand, using hand tools or small-scale equipment, including small engine repair, furniture making and restoring, upholstering, restoration of antiques and other art objects, or other similar uses.

Yard means that portion of the open area on a lot extending open and unobstructed from the ground upward from a lot line for a depth or width specified by the regulations for the zone district in which the lot is located.

Yard, front means a yard extending across the full width of the lot between the front lot line and the nearest line or point of the building.

Yard, rear means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building.

Yard, side means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building.

Yard sign means a type of temporary sign that is constructed of paper, vinyl, plastic, wood, metal or other comparable material, which is mounted on a stake or a frame structure (often made from wire) that includes one (1) or more stakes.

Illustrative Yard Signs

Zone district means an area that is governed by standardized zoning regulations as established in Article 3.

Zoning map means the official zoning map adopted by the Town by ordinance, as amended.

Zoo means a place where live animals are confined and exhibited to the public. The animals may also be studied, given medical treatment, and bred. The term “zoo” does not include the phrases “park, passive” or “commercial agriculture,” retail sales and service uses that sell live animals, or any of the uses listed under the heading “veterinary and domestic animal uses.” (Ord. 1145 §§ 1, 2 (Exh. A), 2013; Ord. 1167 §§ 1, 2 (Exh. A), 2014; Ord. 1204 §§ 9 – 11 (Exh. A), 2015; Ord. 1234 §§ 1, 2, 3, 2016; Ord. 1295 §§ 1, 2, 2018; Ord. 1326 § 1, 2019; Ord. 1371 § 2, 2022; Ord. 1374 § 1, 2022; Ord. 1386 § 1, 2023)