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1. Interpretation of Use Tables – Multiple Uses of a Lot.

a. Generally. The tables set out in this Section (“use tables”) describe which land uses are allowed (“A”), allowed if certain conditions are met (and in some cases, after posted notice and comment) (“S”), allowed after notice and comment if certain conditions are met (“L”), allowed after public hearing if certain conditions are met (“C”), and not allowed (“-”) in each zoning district.

b. Legend. The following symbols are used in the matrices in this Division:

(i) “P” means “allowed.” Allowed uses are subject to administrative review for compliance with the general requirements of this Code, which include the standards set out in subsections 12 through 23, inclusive of this section, as may be applicable.

(ii) “L” means “limited use.” Limited uses are subject to administrative review for compliance with use-specific standards, and for compliance with the general requirements of this Code, which include the standards set out in subsections 2 through 11 of this section, inclusive, as may be applicable.

(iii) “S” means “special use.” Special uses are subject to administrative review for compliance with use-specific standards, and for compliance with general standards for all limited uses, and the general requirements of this Code, which include the standards set out in subsections 2 through 11 of this section, inclusive, as may be applicable. Special uses do not require a public hearing, but have additional notice and public comment requirements compared to limited uses. Special uses are not “as-of-right” uses.

(iv) “C” means “conditional use.” Conditional uses are subject to public hearing review for compliance with use-specific standards, general standards for all conditional uses, and the general requirements of this Code, which include the standards set out in subsections 2 through 11 of this section, inclusive, as may be applicable. Conditional uses are not “as-of-right” uses.

(v) “-” means that the use is not allowed in the specified district.

c. Use-Specific Standards.

(i) “Use-specific standards” are those standards that apply to individual limited or conditional uses (not to permitted uses), as set out in Subsections (2)(b) and (c), (3)(b), (4)(b), (5)(b), (6)(b), (7)(b), (8)(b), (9)(b), (10)(b), and (11)(b) of this Section. For the purposes of applying use-specific standards, the phrase “all zoning districts” means all zoning districts where the use is designated as a limited use or a conditional use.

(ii) Use-specific use standards in this Section are applied in addition to the general criteria that are applicable to all uses and to the general development and subdivision standards stated in Articles 2, 4, and 15 (as applicable) respectively. In the case of any conflict between a use-specific standard and a general development standard, the use-specific standard applies unless otherwise expressly provided.

d. Multiple Uses. Proposed uses that combine more than one listed use, except those that qualify as “mixed-use,” shall meet the requirements for each listed use that applies.

e. Uses That Are Not Allowed. The following uses are not allowed in any zoning district in the Town of Frederick:

(i) Hazardous waste disposal;

(ii) Marijuana uses.

f. Other Standards. Subsections (12) through (23) of this Section set out standards for certain characteristics of land uses or for certain contexts within the Town, which are not necessarily specific to listed uses or zoning districts. These standards, where applicable, are applied in addition to all other applicable standards in this Code.

2. Residential Uses.

a. Residential Land Use Table. The residential forms and special residential land uses that are allowed in each zoning district are set out in Table 3-1, Residential Land Uses.

Table 3-1. Residential Land Uses

Land Use

Zoning District

A

R-E

R-1

R-2

R-3

R-MH1

R-MH2

D-A

D-B

C-N

C-C

C-H52

C-E

BLI

I

P

Residential Uses (Forms)

Single-Family Detached

P

P

P

P

-

-

P

P2

P2

-

-

-

C

-

-

-

Duplex

-

-

-

P

P

-

-

P2

P2

C

-

-

C

-

-

-

Townhome

-

-

-

P

P

-

-

P2

P2

C

-

C

C

-

-

-

Multiplex

-

-

-

P

P

-

-

P2

P2

C

-

C

C

-

-

-

Multifamily

-

-

-

C

L

-

-

P2

P2

C

-

C

C

-

-

-

Manufactured Home

-

-

-

-

-

P

P

-

-

-

-

-

-

-

-

-

Special Residential Uses

Assisted Living or Congregate Care

-

-

L

L

L

-

-

-

C2

L

-

C

P

L

-

-

Boarding and Rooming House

-

-

-

-

C

-

-

-

-

L

-

C

L

-

-

-

Group Home

L

L

L

L

L

-

L

L2

L2

L

-

C

C

-

-

-

Residential mixed-use1

-

-

-

-

-

-

-

L2

L2

C

L

L

P

P

-

-

Nursing Home, Memory Care, Alzheimer’s Care

-

-

C

C

L

-

-

-

C2

L

-

C

P

L

-

-

Protective Care

-

-

-

-

C

-

-

-

-

-

-

-

C

C

-

-

Table Note:

1Residential mixed-use includes “mixed use” projects that contain “mixed-use dwelling units.”

2All uses in the D-A and D-B zoning districts are subject to Chapter 15 of this Code.

b. Use-Specific Standards for Residential Uses and Special Residential Uses.

(i) Single-Family Detached. Single-family detached may be approved within the C-E zoning district if it is demonstrated that the requirements of Subsection (2)(c) of this Section are met.

(ii) Duplex.

(1) C-N: Duplex may be approved within the C-N zoning district if it is part of a horizontally mixed-use development and situated such that it provides a transition between the nonresidential component of the development and existing or approved adjacent duplex or single-family detached residential development.

(2) C-E: In the C-E zoning district, duplexes may be approved within the C-E zoning district if it is demonstrated that the requirements of Subsection (2)(c) of this Section are met.

(iii) Townhome.

(1) All zoning districts: Townhome buildings shall not contain more than 8 dwelling units.

(2) C-N and C-H52: Townhomes may be approved within the C-N or C-H52 zoning district if they are part of a horizontally mixed-use development and situated such that they provide a transition between the nonresidential component of the development and existing or approved adjacent townhome, duplex, or single-family detached residential development.

(3) C-E: Townhomes may be approved within the C-E zoning district if it is demonstrated that the requirements of Subsection (2)(c) of this Section are met.

(iv) Multiplex.

(1) C-N and C-H52: Multiplex may be approved within the C-N or C-H52 zoning district if it is part of a horizontally mixed-use development and situated such that it provides a transition between the nonresidential component of the development and existing or approved adjacent duplex or single-family detached residential development.

(2) C-E: Multiplex may be approved within the C-E zoning district if it is demonstrated that the requirements of Subsection (2)(c) of this Section are met.

(v) Multifamily.

(1) C-E: Multifamily may be approved within the C-E zoning district if it is demonstrated that the requirements of Subsection (2)(c) of this Section, are met.

(2) All zoning districts except C-E: Multifamily may be approved if it is part of a horizontally mixed-use development and situated such that it provides a transition between the nonresidential component of the development and existing or approved adjacent residential development.

(vi) Assisted Living or Congregate Care.

(1) R-1: Assisted living or congregate care facilities may be approved within the R-1 zoning district if:

a) The subject property is at least 2.5 acres in area;

b) The floor area ratio does not exceed 0.2; and

c) The subject property takes access from a collector or arterial street.

(2) R-2: Assisted living or congregate care facilities may be approved within the R-2 zoning district if:

a) The subject property is at least 2 acres in area;

b) The floor area ratio does not exceed 0.25; and

c) The subject property takes access from a collector or arterial street.

(3) R-3: Assisted living or congregate care facilities may be approved within the R-3 zoning district if:

a) The subject property is at least 1.5 acres in area;

b) The floor area ratio does not exceed 0.3; and

c) The subject property takes access from a collector or arterial street.

(4) D-B: Assisted living or congregate care facilities may be approved within the D-B zoning district if they are spaced from other assisted living or congregate care facilities, and from nursing home, memory care, or Alzheimer’s care facilities, such that no two such facilities are located on the same block.

(5) C-N and C-H52: Assisted living or congregate care facilities may be approved within the C-N and C-H52 zoning districts if the principal access to the subject property is a collector or arterial street.

(6) BLI: Assisted living or congregate care facilities may be approved within the BLI zoning district if they are part of or adjacent to a hospital campus.

(vii) Boarding and Rooming House.

(1) R-3: Boarding and rooming house may be approved within the R-3 zoning district if the capacity of the facility is limited to not more than four boarders or roomers, and the building is designed as (or to resemble) a single-family detached dwelling.

(2) C-N, C-H52, and C-E: Boarding and rooming house may be approved within the C-N, C-H52, and C-E zoning districts if it is demonstrated that:

a) Public ingress and egress to the building is provided using a single, common principal entrance.

b) Access to sleeping rooms is from the interior of the building.

c) Not less than one full bathroom that is accessible from a common area is provided for every five occupants or fraction thereof.

d) Sleeping rooms do not include cooking facilities.

(viii) Group Home.

(1) All zoning districts: In addition to the standards of the underlying zoning district, the following standards apply to the specified types of group homes:

a) Group homes for the aged shall be spaced from each other (measured between the nearest lot lines) by the lesser of:

i. Seven hundred fifty feet; or

ii. Such minimum spacing as is required so that no two group homes occupy the same block or take access from the same street segment.

b) Group homes for persons with behavioral or mental health disorders shall be spaced from each other (measured between the nearest lot lines) by the lesser of:

i. Seven hundred fifty feet; or

ii. Such minimum spacing as is required so that no two group homes occupy the same block or take access from the same street segment.

(2) R-MH2, D-A, D-B, C-N, and C-H52: Group homes may be approved within the R-MH2, D-A, D-B, C-N, and C-H52 zoning districts if they are located within:

a) An existing residential building that meets applicable state licensing requirements; or

b) A new building that conforms to the requirements of the underlying zoning district.

(3) C-E: Group homes may be approved within the C-E zoning district if it is demonstrated that the requirements of Subsection (2)(c) of this Section are met.

(ix) Residential mixed-use.

(1) D-A and D-B. Residential mixed-use may be approved within the D-A and D-B zoning districts if the use is configured as one or more live-work units that comply with the standards set out in Section 15.11(2).

(2) C-H52. Residential mixed-use may be approved within the C-H52 zoning districts if:

a) The use is configured as one or more live-work units; or

b) The ground floor is occupied exclusively by nonresidential uses that are open to the public, with the exception of a lobby providing access to upper floors.

(3) C-N and C-C. Residential mixed-use may be approved within the C-N and C-C zoning districts if:

a) The use is configured as one or more live-work units; or

b) The subject property is at least 1.75 acres in area.

(x) Nursing home, memory care, Alzheimer’s care.

(1) R-1: Nursing home, memory care, and Alzheimer’s care facilities may be approved within the R-1 zoning district if:

a) The subject property is at least 2.5 acres in area;

b) The floor area ratio does not exceed 0.2; and

c) The subject property takes access from a collector or arterial street.

(2) R-2: Nursing home, memory care, and Alzheimer’s care facilities may be approved within the R-2 zoning district if:

a) The subject property is at least 2 acres in area;

b) The floor area ratio does not exceed 0.25; and

c) The subject property takes access from a collector or arterial street.

(3) R-3: Nursing home, memory care, and Alzheimer’s care facilities may be approved within the R-3 zoning district if:

a) The subject property is at least 1.5 acres in area;

b) The floor area ratio does not exceed 0.3; and

c) The subject property takes access from a collector or arterial street.

(4) D-B: Nursing home, memory care, and Alzheimer’s care facilities may be approved within the D-B zoning district if they are spaced from other nursing home, memory care, and Alzheimer’s care facilities, and from assisted living or congregate care facilities, such that no two such facilities are located on the same block.

(5) C-N and C-H52: Nursing home, memory care, and Alzheimer’s care facilities may be approved within the C-N and C-H52 zoning districts if the principal access to the subject property is a collector or arterial street.

(6) BLI: Nursing home, memory care, and Alzheimer’s care facilities may be approved within the BLI zoning district if they are part of or adjacent to a hospital campus.

(xi) Protective Care.

(1) R-3: Protective care may be approved within the R-3 zoning district if:

a) The subject property takes access from a collector or arterial street;

b) The rear yard and the side yards behind the front building line are enclosed with a solid wall that is at least 6 feet in height.

(2) C-E: Protective care may be approved within the C-E zoning district if:

a) The subject property does not take access from a street segment that also provides access to single-family detached, duplex, townhome, or multiplex residential uses; and

b) The rear yard and the side yards behind the front building line are enclosed with a solid wall that is at least 6 feet in height.

(3) BLI: Protective care may be approved within the BLI zoning district if the rear yard and the side yards behind the front building line are enclosed with a solid wall that is at least 6 feet in height.

c. Standards for all residential uses (forms) and group homes in the C-E zoning district. Residential uses may only be proposed as a secondary use in the C-E zoning district and shall be limited to 25 percent of the total gross area of the overall plan. Such uses shall be subject to site plan review, which shall demonstrate compliance with the standards of this Subsection (2)(c):

(i) Mix of housing types. A mix of permissible housing types shall be included in any development plan proposing residential uses, as follows:

(1) A minimum of two residential uses shall be required on any residential portion of a development plan greater than 10 acres but less than 30 acres in area, including all parcels that are part of a phased development.

(2) A minimum of three residential uses shall be required on any residential portion of a development plan greater than 30 acres in size, including all parcels that are part of a phased development.

(ii) Limitations on single-family detached uses.

(1) Lot area for single-family detached uses shall not exceed 6,250 square feet.

(2) A maximum of 50 percent of a residential portion of the project may be occupied by single-family detached lots and adjacent streets and alleys.

(iii) Variability and arrangement of lots. Lot sizes and dimensions shall be varied to provide for a variety of housing types and configurations, and to avoid monotonous streetscapes. The lot size and layout pattern shall be designed to allow residences to face toward a street.

(iv) Access to a park, central feature, or gathering place. At least 90 percent of the dwellings shall be located within 1,320 feet (walking distance, without crossing an arterial street) of a neighborhood park, a privately owned park, or a central feature or gathering place that is located either within the project or within an adjacent development. Such parks, central features, or gathering places shall contain one or more of the following uses:

(1) Public parks (active or passive) or other open lands; or

(2) Privately-owned parks (active or passive) meeting the following criteria:

a) Land Area.

i. In development projects greater than two acres in gross area, private parks must be a minimum of 10,000 square feet in area.

ii. In development projects with a gross area of two acres or less, such private parks must be a minimum of six percent of the gross site area.

b) Location. Parks must be highly visible, secure settings formed by the street layout and pattern of lots and easily observed from streets. Rear facades and rear yards of dwellings shall not abut more than two sides or more than 50 percent of the perimeter of the park.

c) Accessibility. All parts of each park shall be safely and easily accessible by pedestrians, and open to the public.

d) Facilities. Parks shall consist of multiple-use turf areas, walking paths, plazas, pavilions, picnic tables, benches, or other features for various age groups to utilize.

e) Maintenance. Parks shall be maintained by the developer or property owners’ association.

f) Storm drainage. If the park integrates storm drainage and detention functions, the design of such facilities shall not result in slopes or gradients that conflict with other recreational and civic purposes of the park.

(3) Community facilities or neighborhood support/recreation facilities (which are permitted as an accessory use to housing). If such facility is smaller than the required minimum size for privately owned parks as required in Subsection (2)(c)(iv)(2) of this Section, then the facility shall be physically integrated with such park space as needed to meet the required minimum size.

3. Hospitality, Recreation, and Entertainment Uses.

a. Hospitality, Recreation, and Entertainment Use Table. The hospitality, recreation, and entertainment land uses that are allowed in each zoning district are set out in Table 3-2, Hospitality, Recreation, and Entertainment Uses.

Table 3-2. Hospitality, Recreation, and Entertainment Uses

Land Use

Zoning District

A

R-E

R-1

R-2

R-3

R-MH1

R-MH2

D-A

D-B

C-N

C-C

C-H52

C-E

BLI

I

P

Adult-Oriented Use

-

-

-

-

-

-

-

-

-

-

-

-

-

-

C

-

Bar, Tavern, or Nightclub

-

-

-

-

-

-

-

L

L

C

L

L

L

C

-

-

Bed and Breakfast

P

L

L

-

-

-

-

L

L

-

-

-

-

-

-

-

Brew Pub, Distillery Pub, or Limited Winery

-

-

-

-

-

-

-

L

L

L

L

P

L

P

P

-

Campground or RV Park

L

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

Commercial Lodging

-

-

-

-

-

-

-

P

P

C

P

P

P

C

-

--

Golf Course

C

C

C

C

C

-

C

-

-

-

-

-

C

C

-

P

Indoor Amusement, Recreation, and Entertainment

-

-

-

-

-

-

-

P

P

P

P

P

P

C

C

-

Indoor Firing or Gun Range

L

-

-

-

-

-

-

-

-

-

-

L

L

L

L

-

Outdoor Commercial Amusement

-

-

-

-

-

-

-

-

-

C

C

C

C

C

-

-

Outdoor Firing or Gun Range

C

-

-

-

-

-

-

-

-

-

-

-

-

-

-

C

Outdoor Stadium, Arena, Amphitheater, or Drive-In Theater

-

-

-

-

-

-

-

C

C

-

-

C

C

C

-

P1

Park, Active

P

P

P

P

P

P

P

-

-

P

P

P

P

P

P

P

Park, Passive

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Race Track

-

-

-

-

-

-

-

-

-

-

-

-

-

-

C

-

Restaurant

-

-

-

-

-

-

-

P1

P1

P1

P2

P2

P1

L

C

-

Zoo

C

-

-

-

-

-

-

-

-

-

-

-

-

-

-

C

Table Notes:

1Drive-in and drive-through facilities are not allowed. Restaurants that include outdoor dining areas are subject to the residential protection standards of Subsection (12) of this Section.

2If the use includes drive-in, drive-through, or outdoor dining facilities, it is processed as a limited use (“L”). See Subsection (3)(b) of this Section for applicable standards.

b. Use-Specific Standards for Certain Hospitality, Recreation, and Entertainment Uses.

(i) Adult-oriented use. Adult-oriented uses may be approved in the I zoning district if it is demonstrated that the applicable residential protection standards of Subsection (12) of this Section are met.

(ii) Bar, Tavern, or Nightclub.

(1) All zoning districts: Bar, tavern, and nightclub uses may be approved if it is demonstrated that the applicable residential protection standards of Subsection (12) of this Section are met.

(2) BLI: Bar, tavern, and nightclub uses may be approved if it is demonstrated that not more than 35 percent of the contiguous land area within the BLI zoning district in which the use is proposed is used or approved for bar, tavern, or nightclub, commercial lodging, restaurants, retail sales and services, indoor amusement, recreation, and entertainment, or day care facilities, adult or child.

(iii) Bed and Breakfast.

(1) R-E and R-1: Bed and breakfast uses may be approved in the R-E and R-1 zoning districts if it is demonstrated that:

a) The use is an adaptive reuse of an existing single-family detached dwelling unit, located on a lot that conforms to the underlying zoning district requirements; and

b) All parking that is required for the use is provided on site.

(2) D-A and D-B: Bed and breakfast uses may be approved in the D-A and D-B zoning districts if it is demonstrated that:

a) The use is an adaptive reuse of an existing single-family detached dwelling unit; and

b) All parking that is required for the use is provided on site or on private property within 150 feet of the bed and breakfast (remote parking), measured lot line to lot line. If remote parking is used, its availability shall be secured by agreement in a form approved by the Town attorney or by common ownership of the owner of the property upon which the bed and breakfast use is located.

(iv) Brew Pub, Distillery Pub, or Limited Winery. Brew pub, distillery pub, or limited winery uses may be approved in the D-A, D-B, C-N, C-C, C-H52, C-E, BLI, and I zoning districts if it is demonstrated that:

(1) The applicable residential protection standards of Subsection (12) of this Section are met; and

(2) Spent or used grain (and comparable nontoxic byproducts of the brewing process) may be stored outdoors for not more than 24 hours; provided, that the temporary storage area of spent or used grain is:

a) Designated on the approved site plan;

b) Located in the interior side or rear yard or within the building envelope; and

c) Fully enclosed within a suitable container, secured, and screened behind a solid, opaque fence or wall measuring that is at least five feet in height.

(v) Campground or RV Park. Campground or RV park uses may be approved in the A zoning district if it is demonstrated that:

(1) The minimum area of the subject property is 10 acres;

(2) If the use includes a campground, it is developed to the “modern” standard as defined in 6 CCR 1010-9 § 2.10e.

(3) The density, dimensions, and location of each campsite shall be as set out in Table 3-3, Campsite Standards.

Table 3-3. Campsite Standards

Density of campsites (per acre of the subject property)

6 sites/acre

Minimum RV campsite dimensions

35 ft. x 50 ft.

Minimum tent campsite dimensions

35 ft. x 35 ft.

Minimum and maximum number of campsites (tent or RV) in a cluster

Min.: 4/Max.: 12

Minimum spacing between clustered campsites

40 ft.

(4) The route between the nearest arterial street and the campground does not include a local residential street.

(5) Campsites are configured as follows:

a) Access to camping spaces shall be from paved internal, private streets.

b) Parking spaces must be paved or gravel.

c) An internal pedestrian circulation system shall be provided that connects clusters of campsites to each other and to amenities and sanitary facilities.

d) Areas between campsite clusters shall be used to provide amenities or landscaping.

(6) The campground or RV park is enclosed by a six-foot tall privacy fence.

(7) If the use adjoins an arterial street or is located within 250 feet of the boundary of an R-E, R-1, R-2, or R-3 zoning district, a 25-foot wide landscape buffer shall be provided along property lines that abut the street and that are closest to the zoning district boundary. The landscape buffer shall be planted with one tree and five shrubs (outside of the required privacy fence) for every 35 feet of property line for which a buffer is required.

(vi) Commercial Lodging.

(1) C-N: Commercial lodging may be approved in the C-N zoning district if it is demonstrated that:

a) The use does not include conference facilities or ballrooms; and

b) If the use adjoins the boundary of an R-E, R-1, R-2, or R-3 zoning district, a five-foot tall privacy fence shall be provided along the district boundary line, and an eight-foot wide landscape strip shall be provided along the inside of the fence, planted with one tree for every 35 feet of property line for which a buffer is required.

(2) BLI: Commercial lodging may be approved in the BLI zoning district if it is demonstrated that (at the time of application and inclusive of the proposed use) not more than 35 percent of the contiguous land area within the BLI zoning district in which the use is proposed is used or approved for bar, tavern, or nightclub, commercial lodging, restaurants, retail sales and services, indoor amusement, recreation, and entertainment, or day care facilities, adult or child.

(vii) Golf Course. Golf course uses may be approved in the R-E, R-1, R-2, R-3, R-MH2, C-E, and BLI zoning districts if it is demonstrated that:

(1) Appropriate controls will prevent golf balls from leaving the subject property, including but not limited to spacing the centerline of each hole not less than 150 feet from property lines;

(2) All principal and accessory buildings are set back not less than 50 feet from property lines; and

(3) The golf course provides an organizing feature and open space amenity to a residential, light industrial, or office park development.

(viii) Indoor Amusement, Recreation, and Entertainment. Indoor amusement, recreation, and entertainment uses may be approved in the BLI or I zoning district if it is demonstrated that (at the time of application and inclusive of the proposed use) not more than 35 percent of the contiguous land area within the zoning district in which the use is proposed is used or approved for commercial lodging, restaurants, retail sales and services, indoor amusement, recreation, and entertainment, or day care facilities, adult or child.

(ix) Indoor Firing or Gun Range. Indoor firing or gun range may be approved in the A, C-H52, C-E, BLI, and I zoning districts if it is demonstrated that the applicable residential protection standards of Subsection (12) of this Section are met.

(x) Outdoor Commercial Amusement. Outdoor commercial amusement uses may be approved in the C-N, C-C, C-H52, C-E, and BLI zoning districts if it is demonstrated that the applicable residential protection standards of Subsection (12) of this Section are met.

(xi) Outdoor Firing or Gun Range. All outdoor firing ranges will be reviewed concurrently by the Town of Frederick Police Department. Outdoor firing or gun range may be approved in the A and P zoning districts if it is demonstrated that all of the following standards are met:

(1) The residential protection standards of Subsection (12) of this Section.

(2) Hours of operation shall be limited to the hours between sunrise and sunset, except that the hours may be extended until 10:00 p.m. one night per week with the approval of the Director for purposes of subdued lighting certification of law enforcement officers or civilians as part of a formal course of instruction.

(3) All shooting stations shall be located a minimum of 200 feet from any property line.

(4) When an outdoor range is proposed, all existing, habitable dwellings in the area shall be mapped as shown in Figure 3-1. No existing habitable dwelling is permitted within Area 1 or Area 2 as shown on Figure 3-1.

a) Area 1 represents a 1,320-foot buffer measured from the exterior berm and backstop.

b) Area 2 represents a 660-foot buffer from the exterior berm and stationary firing line.

c) The midline is the dividing line between Area 1 and Area 2 and is half the distance between the backstop and the stationary firing line.

Figure 3-1. Shooting Range Diagram – Areas 1 and 2 and Midline

(5) Stationary firing lines shall be covered by a baffle system beginning at least three feet behind the firing line, unless used for skeet or trap shooting.

(6) A baffle system covering all firing lines shall eliminate “blue-sky” above the shooter’s vision of the bullet backstop. Blue sky elimination is used for the purpose of eliminating the likelihood that any bullet will travel over the backstop area, leaving the shooting range. This requirement may be waived if a Range Technical Team Advisor provides evidence that the baffles are not necessary to ensure the safety of neighboring properties and this evidence is verified by a Town expert as established by the Director and Chief of Police.

(7) The perimeter of the outdoor range shall be surrounded by a fence, wall, or other impediment to pedestrians with a minimum height of six feet and meeting all other applicable regulations identified in Article 2.

(8) Warning signs shall be posted at 150-foot intervals along the entire perimeter of the outdoor firing or gun range. The signs shall state in both English and Spanish, “CAUTION: Firearms in Use. Keep Out” and be made of a weather-proof material. Signs shall be yellow and black and must be able to be read by a person of ordinary visual acuity from a distance of five feet.

(9) In addition to the standard requirements for a conditional use application, the application for an outdoor shooting range shall also include the following:

a) A complete layout of each range, including firing lines, blue sky elimination technique, target areas, backstops, and berms;

b) Sound study or projected noise contours;

c) Existing and proposed structures; occupied dwellings within 1,320 feet of the secured boundaries of the facility; roads, streets, or other access areas; buffer areas, and parking areas for the facility; and

d) A proposed lead management program.

(xii) Outdoor Stadium, Arena, Amphitheater, or Drive-In Theater.

(1) All zoning districts except D-A and D-B: Outdoor stadium, arena, amphitheater, or drive-in theater uses may be approved if it is demonstrated that the applicable residential protection standards of Subsection (12) of this Section are met.

(2) D-A and D-B: In the D-A and D-B zones, the use is restricted to outdoor amphitheaters that are owned and operated by the Town of Frederick or other governmental or quasi-governmental entity. Such uses are specifically not subject to the limitations of Table 3-12, Residential Protection Spacing Standards.

(xiii) Race Track. Race track uses may be approved in the I zoning district if it is demonstrated that:

(1) The applicable residential protection standards of Subsection (12) of this Section are met;

(2) The road course will not be illuminated; and

(3) The use will not operate between 8:00 p.m. and 9:00 a.m.

(xiv) Restaurant.

(1) C-C and C-H52: Restaurant uses in the C-C and C-H52 zoning districts that include drive-in or drive-through facilities may be approved if it is demonstrated that:

a) The applicable residential protection standards of Subsection (12) of this Section are met.

b) The applicable stacking and design standards of Subsection (18) of this Section are met.

(2) BLI and I: Restaurant uses may be approved in the BLI or I zoning district if it is demonstrated that:

a) At the time of application and inclusive of the proposed use, not more than 35 percent of the contiguous land area within the BLI zoning district in which the use is proposed is used or approved for bar, tavern, or nightclub, commercial lodging, restaurants, retail sales and services, indoor amusement, recreation, and entertainment, or day care facilities, adult or child.

b) If the use includes drive-in or drive-through facilities:

i. The applicable residential protection standards of Subsection (12) of this Section are met; and

ii. The applicable stacking and design standards of Subsection (18) of this Section are met.

(xv) Zoo. Zoos may be approved in the A and P zoning districts if it is demonstrated that:

(1) The minimum area of the subject property is 10 acres;

(2) Noise generated by the use does not exceed 45 dBA at any residential building wall between the hours of 9:00 p.m. and 7:00 a.m.;

(3) The use is located within a building or enclosed by security fencing that is adequate to prevent animals from escaping and to prevent unauthorized access to the facility;

(4) The zoo operator maintains a Colorado wildlife exhibitor’s park license; and

(5) The applicable residential protection standards of Subsection (12) of this Section are met.

4. General Commercial Uses.

a. General Commercial Use Table. The general commercial land uses that are allowed in each zoning district are set out in Table 3-4, General Commercial Uses.

Table 3-4. General Commercial Uses

Land Use

Zoning District

A

R-E

R-1

R-2

R-3

R-MH1

R-MH2

D-A

D-B

C-N

C-C

C-H52

C-E

BLI

I

P

Business Services

-

-

-

-

-

-

-

P

P

P

P

P

P

P

-

-

Convenience Lending

-

-

-

-

-

-

-

-

-

L

L

L

L

-

-

-

Fitness Instruction or Gymnasium

-

-

-

-

-

-

-

P

P

P

P

P

P

P

P

-

Office, General

-

-

-

-

-

-

-

P

P

P

P

P

P

P

P

-

Office, Medical

-

-

-

-

-

-

-

P

P

P

P

P

P

P

-

-

Pawnbroker

-

-

-

-

-

-

-

-

-

C

L

C

C

-

-

-

Personal Services

-

-

-

-

-

-

-

P

P

P

P

P

P

P

P

-

Recording or TV Studio

-

-

-

-

-

-

-

P

P

P

P

P

P

P

-

-

Retail Sales and Services

-

-

-

-

-

-

-

L

L

L

L

L

L

L

L

-

b. Use-Specific Standards for Certain General Commercial Uses.

(i) Convenience Lending. Convenience lending may be approved in the C-N, C-C, C-H52, and C-E zoning districts if it is demonstrated that:

(1) Such uses are spaced not less than 1,320 feet from each other and from pawnbroker uses, measured from principal entrance to principal entrance; and

(2) The applicable residential protection standards of Subsection (12) of this Section are met.

(ii) Pawnbroker. Pawnbroker may be approved in the C-N, C-C, C-H52, and C-E zoning districts if it is demonstrated that:

(1) Such uses are spaced not less than 1,320 feet from each other and from convenience lending uses, measured from principal entrance to principal entrance; and

(2) The applicable residential protection standards of Subsection (12) of this Section are met.

(iii) Retail Sales and Services. Indoor retail sales and services shall be processed as a permitted use in the D-A, D-B, C-N, C-C, C-H52, C-E, BLI, and I zones. If the retail sales and services use includes outdoor storage or display of products that are offered for sale or for rent, the following additional standards apply:

(1) In the D-A and D-B zoning districts, inventory may be displayed outside during business hours; provided, that it is located within 6 feet of the principal entrance to the retail sales and services use and does not interfere with required parking or pedestrian circulation. Passenger motor vehicles and pickup trucks that are offered for rent shall not be stored in the D-A or D-B zoning district.

(2) In the C-N, C-C, C-H52, C-E, and BLI zoning districts:

a) Inventory may be displayed outdoors during business hours; provided, that it is located within 15 feet of the principal entrance to the retail sales and services use and does not interfere with required parking or pedestrian circulation.

b) Passenger motor vehicles and pickup trucks that are offered for rent may be stored in parking spaces; provided, that such parking spaces are not counted towards the supply of required parking for the use.

c) Inventory or equipment that is stored outdoors (other than living landscaping materials) must be either completely screened from view from adjacent property and public rights-of-way; or, if nine feet or less in height, enclosed with an opaque fence or wall that is not less than six feet in height.

5. Veterinary and Domestic Animal Uses.

a. Veterinary and Domestic Animal Use Table. The veterinary and domestic animal land uses that are allowed in each zoning district are set out in Table 3-5, Veterinary and Domestic Animal Uses.

Table 3-5. Veterinary and Domestic Animal Uses

Land Use

Zoning District

A

R-E

R-1

R-2

R-3

R-MH1

R-MH2

D-A

D-B

C-N

C-C

C-H52

C-E

BLI

I

P

Commercial Equestrian Facilities

L

C

-

-

-

-

-

-

-

-

-

-

-

-

-

-

Kennel, Indoor

P

C

-

-

-

-

-

-

-

C

P

C

P

P

C

-

Kennel, Outdoor

L

-

-

-

-

-

-

-

-

-

-

-

-

L

L

-

Veterinary Facilities, Large Animal Clinic

P

-

-

-

-

-

-

-

-

-

-

-

-

P

C

-

Veterinary Facilities, Small Animal Clinic

P

-

-

-

-

-

-

-

-

P

P

P

P

P

P

-

Wildlife Rehabilitation

P

P

-

-

-

-

-

-

-

-

-

-

-

-

-

P

b. Use-Specific Standards for Certain Veterinary and Domestic Animal Uses.

(i) Commercial Equestrian Facilities. Commercial equestrian facilities may be approved in the A and R-E zoning districts if it is demonstrated that:

(1) Corrals are spaced at least 100 feet from any existing residence or retail sales building (if a residence or retail sales building is constructed or relocated on the subject property, the corral must be relocated to maintain the 100-foot spacing).

(2) The facility accommodates no more than two horses per acre.

(3) At least 1/2 acre of pasture is provided for each horse.

(ii) Kennel, Indoor. Kennel, indoor uses may be approved in the R-E, C-N, C-H52, and I zoning districts if it is demonstrated that the applicable residential protection standards of Subsection (12) of this Section are met.

(iii) Kennel, Outdoor. Kennel, outdoor uses may be approved in the R-E, C-N, C-H52, and I zoning districts if it is demonstrated that:

(1) The applicable residential protection standards of Subsection (12) of this Section are met;

(2) All animals will be housed indoors during the hours between 10:00 p.m. and 7:00 a.m.; and

(3) Outdoor dog runs and comparable facilities are appropriately secured to prevent animal escape.

(iv) Veterinary Facilities, Large Animal Clinic. Veterinary services, large animal clinic may be approved in the I zoning district if it is demonstrated that the applicable residential protection standards of Subsection (12) of this Section are met.

6. Community, Civic, Educational, and Institutional Uses.

a. Community, Civic, Educational, and Institutional Use Table. The community, civic, educational, and institutional land uses that are allowed in each zoning district are set out in Table 3-6, Community, Civic, Educational, and Institutional Uses.

Table 3-6. Community, Civic, Educational, and Institutional Uses

Land Use

Zoning District

A

R-E

R-1

R-2

R-3

R-MH1

R-MH2

D-A

D-B

C-N

C-C

C-H52

C-E

BLI

I

P

Cemetery

C

C

-

-

-

-

-

-

-

-

-

-

-

-

-

L

Crematorium

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

-

Day Care Center, Adult or Child

C

C

C

C

C

-

-

-

-

P

P

P

P

P

C

C

Funeral Home

-

-

-

-

-

-

-

P

-

-

L

L

C

C

-

-

Hospital

-

-

-

-

-

-

-

-

-

-

C

C

P

P

C

C

Place of Assembly

C

-

L/C1

L/C1

L/C1

-

L/C1

P

P

P

P

P

P

P

C

P

Prison or Jail

-

-

-

-

-

-

-

-

-

-

-

-

-

-

C

C

School, Elementary or Middle

P

P

P

P

P

P

P

-

-

P

P

P

P

P

P

P

School, High

P

P

P

P

P

P

P

-

-

P

P

P

P

P

P

P

School, Vocational or Trade

-

-

-

-

-

-

-

-

-

P

P

C

P

P

C

C

University or College

-

-

-

-

-

-

-

-

-

P

P

C

P

P

C

C

Table Note:

1Places of assembly with a seating capacity of less than 600 are a limited use (“L”). Places of assembly with a seating capacity of 600 or more are a conditional use (“C”).

b. Use-Specific Standards for Community, Civic, Educational, and Institutional Uses.

(i) Cemetery. Cemeteries may be approved in the A, R-E, and P zoning districts if it is demonstrated that they are not located within the Downtown Development Area, or within 1,320 feet of the boundaries of the Downtown Development Area.

(ii) Day Care Center, Adult or Child.

(1) A, R-E, R-1, R-2, R-3, and P: Day care center, adult or child may be approved in the A, R-E, R-1, R-2, R-3, and P zoning districts if it is demonstrated that the use meets all applicable state licensing requirements, and:

a) The use is accessed by a collector or arterial street, or by a local street if the subject property is located on the corner of a local street and an arterial or collector street; or

b) The use is co-located with an existing school (of any type), university or college, or place of assembly.

(2) I: Day care center, adult or child may be approved in the I zoning district if it is demonstrated that:

a) The use is primarily intended to provide an amenity to employees within the zoning district; and

b) Other existing and approved uses in the zoning district within 1,320 feet do not present a material hazard to the adults or children receiving care.

(iii) Funeral Home. Funeral home uses may be approved in the C-C, C-H52, C-E, and BLI zoning districts if it is demonstrated that the applicable standards of Subsection (18) of this Section are met.

(iv) Hospital. Hospitals may be approved in the C-C, C-H52, I, and P zoning districts if it is demonstrated that, if the use includes an emergency room or trauma center, the subject property has access to an arterial street without the use of local or collector street segments that also provide access to residential uses.

(v) Place of Assembly.

(1) A, R-1, and R-2: Places of assembly may be approved in the A, R-1, and R-2 zoning districts if it is demonstrated that:

a) The subject property is at least two acres in area;

b) The floor area ratio does not exceed 0.15; and

c) The subject property adjoins an arterial or a collector street and takes access from either the adjacent arterial or collector street, or if located at an intersection with a local street, from the intersecting local street.

(2) R-3 and R-MH2: Places of assembly may be approved in the R-3 and R-MH2 zoning districts if it is demonstrated that:

a) The subject property is at least 1.5 acres in area;

b) The floor area ratio does not exceed 0.25; and

c) The subject property adjoins an arterial or a collector street and takes access from either the adjacent arterial or collector street, or if located at an intersection with a local street, from the intersecting local street.

(3) I: Places of assembly may be approved in the I zoning district if it is demonstrated that the use does not include an outdoor assembly area.

(vi) Prison or Jail. Prison or jail may be approved in the P zoning district if it is demonstrated that the prison or jail is connected to a courthouse facility and will be used only as a holding facility for people awaiting hearing, trial, or transfer to another facility.

(vii) School, Vocational or Trade.

(1) All zoning districts: Access to the subject property shall be provided based on the design capacity of the proposed use, as follows:

a) More than 250 students design capacity: Arterial or collector street.

b) Fifty to 250 students design capacity: Arterial or collector, or a local street; provided, that the route between the access point and the nearest arterial or collector does not pass a single-family or duplex residential use.

c) Less than 50 students design capacity: Any street type.

(2) I: School, vocational or trade may be approved in the I zoning district if it is demonstrated that:

a) If the use provides hands-on instruction, it meets the standards for the use that is most closely related to the hand-on instruction.

b) If the use that is most closely related to the hands-on instruction is not allowed in the I zone, then the vocational or trade school is not allowed.

(viii) University or College.

(1) All zoning districts: Access to the subject property shall be provided based on the design capacity of the proposed use, as follows:

a) More than 250 students design capacity: Arterial or collector street.

b) Fifty to 250 students design capacity: Arterial or collector, or a local street; provided, that the route between the access point and the nearest arterial or collector does not pass a single-family or duplex residential use.

c) Less than 50 students design capacity: Any street type.

(2) I: University or college may be approved in the I zoning district if it is demonstrated that the area of the university or college that is located within the I zoning district provides hands-on instruction, research, workshop, or laboratory space that is closely related to a permissible land use in the I zoning district.

7. Industrial, Processing, Recycling, Storage, and Disposal Uses.

a. Industrial, Processing, Recycling, Storage, and Disposal Use Table. The industrial, processing, recycling, storage, and disposal land uses that are allowed in each zoning district are set out in Table 3-7, Industrial, Processing, Recycling, Storage, and Disposal Uses.

Table 3-7. Industrial, Processing, Recycling, Storage, and Disposal Uses

Land Use

Zoning District

A

R-E

R-1

R-2

R-3

R-MH1

R-MH2

D-A

D-B

C-N

C-C

C-H52

C-E

BLI

I

P

Composting Facility

C

-

-

-

-

-

-

-

-

-

-

-

-

-

C

-

Disposal Facility

-

-

-

-

-

-

-

-

-

-

-

-

-

-

C

-

Heavy Industry

-

-

-

-

-

-

-

-

-

-

-

-

-

C

L

-

Heavy Logistics Center

-

-

-

-

-

-

-

-

-

-

-

-

-

C

L

-

Light Industry

-

-

-

-

-

-

-

-

-

-

-

C

P

P

P

-

Recycling Collection Center

-

-

-

-

-

-

-

-

-

-

-

-

C

C

C

C

Resource Extraction (Minerals)

C

-

-

-

-

-

-

-

-

-

-

-

-

-

C

C

Resource Extraction (Oil and Gas)

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

Salvage Yard

-

-

-

-

-

-

-

-

-

-

-

-

-

-

C

-

Self-Storage

-

-

-

-

-

-

-

-

-

-

C

C

-

C

C

-

Storage Yard

-

-

-

-

-

-

-

-

-

-

-

-

-

C

L

-

Waste Transfer Station

-

-

-

-

-

-

-

-

-

-

-

-

-

-

C

-

b. Use-Specific Standards for Industrial, Processing, Recycling, Storage, and Disposal Uses.

(i) Composting Facility. Composting facility uses may be approved if it is demonstrated that:

(1) The use provides appropriate controls to prevent dust and windblown debris from leaving the site;

(2) The use is spaced 1,000 feet from existing or approved places of assembly, schools (any type), colleges or universities, day care centers (adult or child), active or passive parks, zoos, and outdoor commercial amusement;

(3) The applicable residential protection standards of Subsection (12) of this Section are met; and

(4) The applicable outdoor storage standards of Subsection (16) of this Section are met.

(ii) Disposal Facility. Disposal facility uses may be approved in the I zoning district if:

(1) The disposal facility is not a hazardous waste disposal site as regulated by Title 25, Article 15, Part 2, Hazardous Waste Disposal Sites, as may be amended from time to time.

(2) The application for approval of the disposal facility is reviewed by the Colorado Department of Public Health and Environment (“CDPHE”) pursuant to Title 30, Article 20, Part 1, Solid Wastes Disposal Sites and Facilities, Colorado Revised Statutes.

a) The report and recommendation of CDPHE are required prior to the processing of the application by the City.

b) No disposal site shall be approved without a recommendation of approval by CDPHE.

c) Technical conditions of approval suggested by CDPHE shall be incorporated into the certificate of designation.

(3) CDPHE issues a certificate of designation for the disposal site, as required by Title 30, Article 20, Part 1, Solid Wastes Disposal Sites and Facilities, Colorado Revised Statutes, as may be amended from time to time.

(4) The facility has a recommendation of approval by the CDPHE and the Town Board finds that:

a) The facility is not located within an area of special flood hazard, an area of geological hazard, or an area that would create material risks to water supply, irrigation infrastructure, or significant wildlife habitat;

b) The subject property is at least 100 acres in area;

c) All disposal operations are set back at least 300 feet from property lines;

d) The applicable residential protection standards of Subsection (12) of this Section are met;

e) The applicable outdoor storage standards of Subsection (16) of this Section are met;

f) Trucks that enter and exit the facility have access to a state highway without traversing local or collector street segments that provide access to residential uses;

g) Property boundaries that are adjacent to streets are landscaped with a buffer that:

i. Is at least 40 feet wide;

ii. Includes a four-foot tall berm that is designed to appear integrated into the landscape; and

iii. Is planted with four trees per 100 feet of frontage or fraction thereof; and

h) There is no exclusive site for solid waste disposal (pursuant to C.R.S. § 30-20-107) with capacity to serve the Town’s needs;

i) There is a demonstrated need for the facility to serve the residents and businesses of the Town;

j) The facility conforms to any the objectives or policies set out in the Comprehensive Plan, if any, with respect to such facilities;

k) The facility complies with all technical rules promulgated by CDPHE;

l) The financial assurances provided pursuant to C.R.S. § 30-20-104.5 are adequate to serve their purposes; and

m) The disposal facility would create a net public benefit to the region and the residents and property owners of the Town, taking into account:

i. The effect that the disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions;

ii. The convenience and accessibility of the solid wastes disposal site and facility to potential users;

iii. The ability of the applicant to comply with the health standards and operating procedures provided for in Title 30, Article 20, Part 1, Solid Wastes Disposal Sites and Facilities, Colorado Revised Statutes, and such rules and regulations as may be promulgated thereunder; and

iv. Recommendations by health departments that have jurisdiction within five miles of the facility.

(iii) Heavy Industry. Heavy industry may be approved in the BLI and I zoning districts if it is demonstrated that:

(1) The subject property is at least five acres in area;

(2) Trucks that enter and exit the subject property have access to an arterial street without traversing local or collector street segments that provide access to residential uses;

(3) The applicable residential protection standards of Subsection (12) of this Section are met;

(4) The applicable outdoor storage standards of Subsection (16) of this Section are met; and

(5) The facility is buffered from adjoining arterial and collector streets and zoning district boundaries with a landscape strip (outside of any fenced areas) that is not less than 15 feet in width, planted with one tree and two shrubs per 35 feet of such boundary (a platted landscape buffer tract may be used for this purpose).

(iv) Heavy Logistics Center. Heavy logistics center may be approved in the BLI and I zoning districts if it is demonstrated that:

(1) Trucks that enter and exit the subject property have access to a state highway without traversing local or collector street segments that provide access to residential uses;

(2) The applicable residential protection standards of Subsection (12) of this Section are met;

(3) The applicable outdoor storage standards of Subsection (16) of this Section are met;

(4) The facility is buffered from adjoining arterial and collector streets and zoning district boundaries with a landscape strip (outside of any fenced areas) that is not less than 15 feet in width, planted with one tree and two shrubs per 35 feet of such boundary (a platted landscape buffer tract may be used for this purpose).

(v) Light Industry. Light industry may be approved in the C-H52 zoning district if it is demonstrated that:

(1) The light industrial use provides a product or service that is available to the public on site;

(2) Bay doors are not visible from adjoining streets or R-E, R-1, R-2, or R-3 zoning district boundaries; and

(3) The applicable residential protection standards of Subsection (12) of this Section are met.

(vi) Recycling Collection Center. Recycling collection center may be approved in the C-E, BLI, I, or P zoning districts if it is demonstrated that:

(1) The use provides appropriate controls to prevent dust and windblown debris from leaving the site;

(2) Recyclable materials are collected indoors, or in bins or other secured containers outdoors, and all other activities, such as tipping, sorting, compaction, transfer, and reloading are conducted in a fully enclosed building;

(3) Public streets will not be utilized at any time for parking, stacking, or storage of employee vehicles, visitor vehicles, or trucks;

(4) The facility includes sufficient drive aisles and parking areas to avoid conflicts between truck operations, passenger vehicles (e.g., for drop-off of household wastes), and the use of emergency access easements and fire lanes;

(5) The internal circulation system is designed to eliminate the need for the backing of truck traffic, pavement design is suitable for heavy vehicles and the road base is capable of withstanding expected loads, and drive aisles are designed to be passable by loaded collection and transfer vehicles in all weather conditions;

(6) Parking and loading areas are paved and separated from areas where baled recyclable materials are stored;

(7) Trucks that enter and exit the subject property have access to a state highway without traversing local or collector street segments that provide access to residential uses;

(8) Scavenging will be prohibited and prevented;

(9) The applicable residential protection standards of Subsection (12) of this Section are met; and

(10) The applicable outdoor storage standards of Subsection (16) of this Section are met.

(vii) Resource Extraction (Minerals). Resource extraction (minerals) may be approved in the A, I, or P zoning districts if it is demonstrated that:

(1) The applicable residential protection standards of Subsection (12) of this Section are met;

(2) The applicable outdoor storage standards of Subsection (16) of this Section are met;

(3) The use is spaced at least 1,320 feet from places of public assembly, day care centers (adult or child), and schools (any type);

(4) Extraction activities are in accordance with a master plan for extraction that is approved by the Board of Trustees along with the conditional use, which addresses:

a) The potential for effective multiple sequential use of the subject property to provide the optimum benefit to the landowner, neighboring property owners, and the Town as a whole;

b) The development or preservation of land to enhance development of physically attractive surroundings that are compatible with the surrounding area;

c) The anticipated timing and sequencing of the mining operation, including the types and volumes of material anticipated to be extracted; and

d) A reclamation plan that implements the requirements of C.R.S. § 34-32-101 et seq. (“Colorado Mined Land Reclamation Act”).

(5) Property boundaries are landscaped with a buffer that:

a) Is at least 25 feet wide;

b) Is planted with four trees and six shrubs per 100 feet of frontage or fraction thereof; and

c) Includes an eight-foot tall security fence on the inside of the buffer.

(6) Crushing and processing operations are conducted in an enclosed facility that provides dust control;

(7) Noise generated by the use shall not exceed 45 dBA at any residential building wall between the hours of 9:00 PM and 7:00 AM;

(8) Trucks that enter and exit the subject property have access to a state highway without traversing local or collector street segments that provide access to residential uses, and the access route is designed and constructed to withstand the weight of loaded heavy vehicles and mining equipment; and

(9) Access roads within the subject property are designed and maintained to limit airborne dust and erosion, and to prevent tracking of debris onto public rights-of-way.

(viii) Resource Extraction (Oil and Gas). Resource extraction (oil and gas) is subject to Article 9, Oil and Gas Drilling and Production.

(ix) Salvage Yard. Salvage yard uses may be approved in the I zoning district if it is demonstrated that:

(1) The subject property does not have frontage on a state or federal highway or arterial street;

(2) Trucks that enter and exit the subject property have access to a state highway without traversing local or collector street segments that provide access to residential uses;

(3) No boundary of the subject property is also a zoning district boundary;

(4) The property is enclosed by a privacy fence or wall that is at least seven feet in height but not more than nine feet in height;

(5) The use will not accept or deposit hazardous wastes or hazardous materials, except as incidental to the salvage operation, and such operation will be conducted to remove hazardous wastes and materials and dispose of them according to state and federal requirements;

(6) The facility is at least three-miles from an existing storage yard, salvage yard, RV storage, or self-storage facility within the Town of Frederick or in another jurisdiction, measured from lot line to lot line;

(7) The applicable residential protection standards of Subsection (12) of this Section are met; and

(8) The applicable outdoor storage standards of Subsection (16) of this Section are met.

(x) Self-Storage. Self-storage uses may be approved in the C-C, C-H52, CLI, and I zoning districts if it is demonstrated that:

(1) A minimum 5/8-inch water tap serves (or will serve) the subject property;

(2) The facility is at least three-miles from an existing storage yard, salvage yard, RV storage, or self-storage facility within the Town of Frederick or in another jurisdiction, measured from lot line to lot line;

(3) The facility is designed such that exterior bay doors are screened from adjoining streets or R-E, R-1, R-2, or R-3 zoning district boundaries; and

(4) The applicable residential protection standards of Subsection (12) of this Section are met; and

(5) The applicable outdoor storage standards of Subsection (16) of this Section are met.

(xi) Storage Yard. Storage yard uses may be approved in the BLI and I zoning districts if it is demonstrated that:

(1) A minimum 5/8-inch water tap serves (or will serve) the subject property;

(2) The facility is at least three-miles from an existing storage yard, salvage yard, RV storage, or self-storage facility within the Town of Frederick or in another jurisdiction, measured from lot line to lot line;

(3) The applicable residential protection standards of Subsection (12) of this Section are met; and

(4) The applicable outdoor storage standards of Subsection (16) of this Section are met.

(5) The storage container standards set out in Subsection (17) of this Section (as may be applicable) are met.

(xii) Waste Transfer Station. The Town shall request a technical review of the site and facility documents and operation plan from CDPHE pursuant to 6 CCR 1007-2 § 7.1 for all applications for approval of a waste transfer station, and CDPHE recommendations are incorporated into the application materials prior to Town processing of the application. Waste transfer station uses may be approved in the I zoning district if, after such review, it is demonstrated that:

(1) The subject property is at least five acres in area;

(2) No building or area in which the unloading, storage, processing, or transfer of wastes or recyclable materials will take place shall be located within:

a) One hundred feet of any property line; or

b) Five hundred feet of:

i. Any nonresidential structure located on property that is not owned or leased by the owner of the waste transfer station;

ii. Any area of special flood hazard;

iii. Any wetland;

iv. Any water well;

v. Any natural or artificial pond (including a detention or retention pond or facility), stream, irrigation ditch or canal, water way, or water course; and

(3) Trucks that enter and exit the subject property have access to a state highway without traversing local or collector street segments that provide access to residential uses;

(4) All activities associated with waste transfer, such as tipping, sorting, storage, compaction, transfer, reloading, and related activities are conducted in a fully enclosed building;

(5) Public streets will not be utilized at any time for parking, stacking, or storage of employee vehicles, visitor vehicles, or trucks;

(6) The facility includes sufficient drive aisles and parking areas to avoid conflicts between truck operations, passenger vehicles (e.g., for drop-off of household wastes), and the use of emergency access easements and fire lanes;

(7) The internal circulation system is designed to eliminate the need for the backing of truck traffic, pavement design is suitable for heavy vehicles and the road base is capable of withstanding expected loads, and drive aisles are designed to be passable by loaded collection and transfer vehicles in all weather conditions;

(8) The facility incorporates a collection and disposal system that prevents liquids contained in waste materials, as well as liquids generated by normal operations (such as wash-out and cleaning of equipment, trucks, and floors), from contaminating the soil, surface water, or ground water;

(9) Tipping, loading, and unloading areas shall be constructed of impervious material and equipped with drains connected to either:

a) A public wastewater system; or

b) A corrosion-resistant holding tank; or

c) An alternative system, if the applicant demonstrates that the alternate design will prevent waste liquids from contaminating the soil, surface water, or ground water; and

(10) The facility will accept only household wastes, commercial, and industrial wastes and recyclable materials, and no asbestos wastes, wastes classified as hazardous in accordance with C.R.S. § 25-15-101, et seq. shall be knowingly accepted;

(11) Overnight truck parking will not be allowed;

(12) An on-site operator will be on duty at all times that the facility is open;

(13) The operation of the waste transfer station and the storage and handling of all solid wastes will be practiced according to an operations plan that includes methods to prevent the attraction, harborage, or breeding of wildlife or insects, rodents, and other vectors (e.g., flies, maggots, roaches, rats, mice, and similar vermin), and to eliminate conditions which cause or may potentially cause:

a) Harm to the public health and the environment;

b) Congregation of birds;

c) Safety hazards to individuals and surrounding property; and

d) Excessive odor problems, unsightliness, and other nuisances;

(14) The facility will be maintained in a neat and orderly appearance at all times through the prevention and control of uncontained waste, trash, and litter;

(15) Open burning and scavenging will be prohibited and prevented;

(16) The applicable residential protection standards of Subsection (12) of this Section are met; and

(17) The applicable outdoor storage standards of Subsection (16) of this Section are met.

8. Motor Vehicle and Transportation Uses.

a. Motor Vehicle and Transportation Use Table. The motor vehicle and transportation land uses that are allowed in each zoning district are set out in Table 3-8, Motor Vehicle and Transportation Uses.

Table 3-8. Motor Vehicle and Transportation Uses

Land Use

Zoning District

A

R-E

R-1

R-2

R-3

R-MH1

R-MH2

D-A

D-B

C-N

C-C

C-H52

C-E

BLI

I

P

Fueling, Fast-Charging, or Service Station

-

-

-

-

-

-

-

-

-

C

L

L

C

L

L

-

Light Motor Vehicle Repairs and Service

-

-

-

-

-

-

-

-

-

-

L

L

-

L

L

-

Heavy Motor Vehicle Repairs and Service

-

-

-

-

-

-

-

-

-

-

C

-

-

L

L

-

Truck Stop

-

-

-

-

-

-

-

-

-

-

-

-

-

-

C

-

Heliport

-

-

-

-

-

-

-

-

-

-

-

-

-

-

C

-

Helistop

C

-

-

-

-

-

-

-

-

-

-

-

-

C

C

-

Motor Vehicle Wash

-

-

-

-

-

-

-

-

-

C

L

L

C

L

L

-

Surface Parking

-

-

-

-

-

-

-

L

L

-

C

C

P

P

P

L

Structured Parking

-

-

-

-

-

-

-

L

L

-

C

C

P

P

P

L

Passenger Motor Vehicle Sales or Rental

-

-

-

-

-

-

-

-

-

-

C

C

L

L

L

-

Heavy Motor Vehicle Sales or Rental

-

-

-

-

-

-

-

-

-

-

-

-

-

L

L

-

Motorcycle, Scooter, or ATV Sales or Rental

-

-

-

-

-

-

-

-

-

-

P

P

P

P

P

-

Bus or Taxi Terminal, On-Demand Transportation Dispatch

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

-

RV Storage

-

-

-

-

-

-

-

-

-

-

-

-

-

-

C

-

b. Use-Specific Standards for Motor Vehicle and Transportation Uses.

(i) Fueling, Fast-Charging, or Service Station.

(1) All zoning districts: Fueling, fast-charging, or service stations are subject to the applicable residential protection standards of Subsection (12) of this Section, and the applicable stacking standards of Subsection (18) of this Section.

(2) C-N: Fueling, fast-charging, or service stations may be approved in the C-N zoning district if it is demonstrated that the use does not include a vehicle wash or vehicle service.

(ii) Light Motor Vehicle Repairs and Service. All zoning districts: Light motor vehicle repairs and service is subject to the applicable residential protection standards of Subsection (12) of this Section.

(iii) Heavy Motor Vehicle Repairs and Service. All zoning districts: Heavy motor vehicle repairs and service is subject to the applicable residential protection standards of Subsection (12) of this Section.

(iv) Truck Stop. Truck stops may be approved in the I zoning district if it is demonstrated that:

(1) The use complies with the applicable residential protection standards of Subsection (12) of this Section; and

(2) The use does not take access from Highway 52.

(v) Heliport. Heliport may be approved in the I zoning district if it is demonstrated that:

(1) The facility implements the applicable design standards set out in U.S. Department of Transportation Advisory Circular No. 150/5390-2C, dated April 24, 2012, as may be amended, supplemented, or superseded from time to time; and shall meet all other applicable Federal Aviation Administration (“FAA”) requirements.

(2) A noise impact assessment is provided that identifies the initial and 20-year projected Day Night Level (“DNL”) noise contour lines beginning with 50 DNL and proceeding to 65 DNL, showing compliance with the following standards:

a) The 65 DNL line is completely within airport property or property zoned I that is subject to an easement for noise and avigation; and

b) The 55 DNL line does not include any property that is zoned R-E, R-1, R-2, R-3, D-A, or D-B.

(vi) Helistop. Helistops may be approved in the A, BLI, or I zoning district if it is demonstrated that:

(1) The helistop complies with the standards that are applicable to heliports, as set out in Subsection (8)(b)(iii) of this Section; and

(2) The helistop is associated with a hospital or a public agency that provides first-responder services.

(vii) Motor Vehicle Wash. Motor vehicle wash may be approved in the C-N, C-C, C-H52, C-E, BLI, and I zoning districts if it is demonstrated that:

(1) Ingress to and egress from automated and full-service vehicle wash facilities is oriented to side lot lines;

(2) Detailing and finishing operations do not interfere with site circulation or access to required parking spaces;

(3) The applicable residential protection standards of Subsection (12) of this Section are met; and

(4) The applicable stacking standards of Subsection (18) of this Section are met.

(viii) Surface Parking.

(1) D-A and D-B: Surface parking uses may be approved in the D-A and D-B zoning districts if it is demonstrated that:

a) The parking surface is paved with a dust-free, all-weather surface;

b) The subject property is not more than 1/2 acre in area;

c) The landscaping standards of section 2.14 are met; and

d) The use does not have frontage on Fifth Street.

(2) C-C, C-H52, and P: Surface parking uses may be approved in the C-C, C-H52, and P zoning districts if it is demonstrated that:

a) The parking surface is paved with a dust-free, all-weather surface;

b) The use provides parking for adjacent land uses or for park-and-ride transit services;

c) Overnight parking is prohibited; and

d) The landscaping standards of section 2.14 are met.

(ix) Structured Parking.

(1) D-A and D-B: Structured parking uses may be approved in the D-A and D-B zoning districts if it is demonstrated that:

a) The subject property is not more than 1/2 acre in area;

b) Vehicular ingress and egress is designed to minimize vehicular-pedestrian conflicts; and

c) Either the use does not have frontage on Fifth Street or the ground level of the Fifth Street frontage incorporates permissible hospitality, recreation, and entertainment uses or general commercial uses.

(2) C-C and C-H52: Structured parking uses may be approved in the C-C and C-H52 zoning districts if it is demonstrated that:

a) The use provides parking for adjacent land uses or for park-and-ride transit services; and

b) Overnight parking is prohibited.

(3) P: Structured parking uses may be approved in the P zoning district if it is demonstrated that the use is operated by the Town or another public or quasi-public entity, and provides parking for park-and-ride transit services or for adjacent or remote governmental or recreational facilities.

(x) Passenger Motor Vehicle Sales or Rental. Passenger motor vehicle sales or rental may be approved in the C-C, C-H52, C-E, BLI, and I zoning districts if it is demonstrated that:

(1) Not more than one vehicle display pad, which may be elevated up to three feet in height as measured at the highest point, is provided per 100 feet of road frontage.

(2) No other materials for sale will be displayed between the principal building and the right-of-way.

(3) Vehicles will be stored on paved parking surfaces.

(4) No bay door is oriented directly towards residential, public open space, or public right-of-way unless there is an intervening building that blocks the view of the bay door.

(5) If washing areas are provided, they are covered and have drains that are connected to the sanitary sewer system. The drains shall be constructed with an oil/water separator, and all treatment facilities shall be approved by the Town Engineer.

(xi) Heavy Motor Vehicle Sales or Rental. Heavy motor vehicle sales or rental uses may be approved in the BLI or I zoning district if it is demonstrated that the standards that apply to passenger motor vehicle sales or rental uses are met.

(xii) RV Storage. RV Storage may be approved in the I zoning district if it is demonstrated that:

(1) The facility is at least three-miles from an existing storage yard, salvage yard, RV storage, or self-storage facility within the Town of Frederick or in another jurisdiction, measured from lot line to lot line;

(2) The facility is designed such that exterior bay doors are screened from adjoining streets or R-E, R-1, R-2, or R-3 zoning district boundaries;

(3) The applicable residential protection standards of Subsection (12) of this Section are met; and

(4) The applicable outdoor storage standards of Subsection (16) of this Section are met.

9. Utility Uses.

a. Utility Use Table. The utility land uses that are allowed in each zoning district are set out in Table 3-9, Utility Uses.

Table 3-9. Utility Uses

Land Use

Zoning District

A

R-E

R-1

R-2

R-3

R-MH1

R-MH2

D-A

D-B

C-N

C-C

C-H52

C-E

BLI

I

P

Battery Energy Storage Systems

L

L

L

L

L

L

L

-

-

-

-

L

L

L

L

-

Data Center

-

-

-

-

-

-

-

-

-

-

-

-

P

P

P

-

Overhead Power Lines (110 kV or more)

C

C

C

C

C

C

C

-

-

C

C

C

C

C

C

C

Photovoltaic Arrays (2 MW or more)

L

L

L

-

-

-

-

-

-

-

-

-

-

-

-

L

Utilities, Minor

L

L

L

L

L

L

L

L

L

L

L

L

L

L

P

L

Utilities, Major

C

C

C

C

C

C

C

-

-

C

C

C

C

C

C

C

b. Use-Specific Standards for Utility Uses.

(i) Battery Energy Storage Systems. Battery energy storage systems may be approved within the A, R-E, R-1, R-2, R-3, R-MH1, R-MH2, C-H52, C-E, BLI, and I zoning districts if it is demonstrated that:

(1) The facility is located within or adjacent to an existing or approved electrical substation or photovoltaic array (2 MW or more), or within 300 feet of same on the same side of the street;

(2) The facility complies with NFPA 1, Fire Code, and NFPA 855, Standard for the Installation of Stationary Energy Storage Systems;

(3) The cells, modules, units, and installation are certified for compliance with ANSI/CAN/UL 9540, Energy Storage Systems and Equipment;

(4) In container-type systems, containers are not stacked;

(5) The facility is enclosed with a seven-foot tall security fence; and

(6) In all zoning districts except A, BLI, and I, the facility is buffered from adjacent arterial and collector streets and residential district boundaries with a landscape strip (outside of the fenced area) that is not less than 15 feet in width, planted with one tree and two shrubs per 35 feet of such boundary, except where tree plantings would interfere with connections between the facility and the electrical substation;

(7) The applicant agrees that prior to construction, the applicant will provide written confirmation that:

a) The electric utility provider has approved the facility for connection to the power grid; and

b) Easements, if necessary to connect the facility to the power grid, have been secured.

(8) The applicant provides reasonable assurances to the Town that batteries and equipment will be removed from the site at the end of their useful life and recycled or disposed of in accordance with applicable law; and if an outdoor BESS use is terminated, the site will be restored to its original condition.

(ii) Overhead Power Lines (110 kV or More). Overhead power lines (110 kV or more) may be approved in any zoning district other than D-A or D-B if it is demonstrated that:

(1) If required by the Colorado Public Utilities Commission (“PUC”), a certificate of need from the PUC (or an exemption certification) has been issued.

(2) To the extent practicable, new transmission lines shall be located within existing transmission easements or routed outside of the Town.

(3) New transmission lines that are not located within existing transmission easements shall be routed to minimize the impact of poles and lines on existing development through spacing between the transmission line and the following uses or infrastructure:

a) Three hundred feet from dwelling units, schools (all types), and places of assembly; and

b) Five hundred feet from arterial streets.

(iii) Photovoltaic Arrays (2 MW or More). Photovoltaic arrays (2 MW or more) may be approved within the A, R-E, R-1, or P zoning districts if it is demonstrated that:

(1) The facility is enclosed with a seven-foot tall security fence; and

(2) The applicant agrees that prior to construction, the applicant will provide written confirmation that:

a) If the facility is intended to be connected to the power grid, the electric utility provider has approved the facility for such connection; and

b) Easements, if necessary to connect the facility to the power grid, have been secured.

(3) The applicant provides reasonable assurances to the Town that equipment will be removed from the site at the end of its useful life and recycled or disposed of in accordance with applicable law; and if photovoltaic array (2 MW or more) use is terminated, the site will be restored to its original condition.

(iv) Utilities, Minor. Minor utilities may be approved in any zoning district if it is demonstrated that:

(1) There is a need for the minor utility in order to serve residents of the Town, and the proposed location optimizes the delivery of the utility service to customers;

(2) The minor utility is designed and located to mitigate its impact on surrounding land uses in terms of noise, odor, and risk of fire, explosion, or release of hazardous materials or gasses; and

(3) The minor utility is appropriately secured, as determined by the Town Engineer according to applicable industry standards or best practices.

(v) Utilities, Major. Major utilities may be approved in any zoning district except D-A and D-B if it is demonstrated that:

(1) The utility provider demonstrates that there is a need for the major utility in order to serve residents of the Town;

(2) The facility is enclosed by a seven-foot tall security fence;

(3) The facility is buffered from adjacent arterial and collector streets and residential district boundaries with a landscape strip (outside of the fenced area) that is not less than 25 feet in width, planted with one tree and five shrubs per 35 feet of such boundary (keeping such areas as are necessary for access and connection to overhead power lines clear as required to ensure safe operations);

(4) The major utility use is not located in a special flood hazard area; and

(5) If the utility is a sewer plant, the subject property is situated in a location that will tend to minimize the impacts of odors on nearby residential uses and zones.

10. Wireless Telecommunications Uses.

a. Wireless Telecommunications Use Table. The wireless telecommunications land uses that are allowed in each zoning district are set out in Table 3-10, Wireless Telecommunications Uses.

Table 3-10. Wireless Telecommunications Uses

Land Use

Zoning District

A

R-E

R-1

R-2

R-3

R-MH1

R-MH2

D-A

D-B

C-N

C-C

C-H52

C-E

BLI

I

P

Freestanding Communications Tower

C

C

C

C

C

C

C

-

-

C

C

C

C

C

C

C

Alternative Tower Structure

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

Small Cell Wireless Facility

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Other Wireless Communications Facilities

L

L

L

L

L

L

L

L

L

L

L

L

L

L

L

L

b. Use-Specific Standards for Wireless Telecommunications Uses. All wireless communications facilities (“WCFs”) in Table 3-10 are subject to the applicable standards and procedures in this subsection (10)(b).

(i) General. WCF includes a ground-mounted base station which must be used as an accessory structure that is connected to an antenna mounted on or affixed to an existing building.

(ii) Height and setbacks.

(1) Roof- or building-mounted commercial mobile radio service (“CMRS”) facilities may protrude no more than five feet above the parapet line of the building or structure, nor more than 2.5 feet outside of the building wall unless sufficient screening methods are demonstrated and accepted as part of the approval.

(2) Roof- or building-mounted whip antennas of no more than three inches in diameter, in groupings of five or less, may extend up to 12 feet above the parapet wall.

(3) All freestanding WCFs shall be set back at least 300 feet from all residentially zoned properties or residential structures on properties otherwise zoned.

(iii) Accessory buildings and facilities.

(1) Accessory buildings located on the ground shall be no larger than 400 square feet and must be constructed of durable, low-maintenance materials that are architecturally compatible and integrated with existing buildings and structures.

(2) On sites with greater than 100 cubic feet of cabinet area that is visible from a public right-of-way or residentially zoned or used area, equipment must be enclosed in one or more accessory buildings.

(3) Accessory buildings and facilities are to be screened, to the extent possible, from public streets and sidewalks, either by screening, landscaping, location, or other comparable techniques.

(iv) Building- or roof-mounted facilities. Building- or roof-mounted facilities are to be screened from public view, either by screening, location or other comparable techniques.

(v) Wireless communications facilities in public rights-of-way or on public property.

(1) Permission to use right-of-way (“ROW”) or public property. For WCFs in the ROW, the applicant shall execute a nonexclusive license to use the public ROW in a form approved by the Town Attorney.

(2) Attachment of WCFs on an existing traffic signal, streetlight pole, or similar structure shall require written evidence of a license, or other legal right or approval, to use such structure by its owner.

(3) Prior to, or concurrently with, seeking land use approval for a WCF on public property that is not in the ROW, the applicant shall execute a lease agreement with the Town.

(vi) Operation and maintenance. To ensure the structural integrity of WCFs, the WCF’s owner shall ensure that it is maintained in compliance with the standards contained in applicable building and safety codes. If, upon inspection, the Town concludes that a WCF fails to comply with such codes and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the WCF, the owner shall have 30 days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the Town’s Building Official may extend such compliance period not to exceed 90 days from the date of said notice. If the owner fails to bring the WCF into compliance within said time period, the Town may remove such WCF at the owner’s expense.

(vii) Abandonment and removal.

(1) Any WCF that is not operated for a continuous period of six months shall be considered abandoned. If a WCF has not been in use for a period of three months, the owner of the WCF shall notify the Town of the nonuse and shall indicate whether reuse is expected within the ensuing three months.

(2) The Town, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall remove the same within 30 days of receipt of written notice from the Town. If such WCF is not removed within said 30 days, the Town may remove it at the owner’s expense and any approved permits for the WCF shall be deemed to have expired. Additionally, the Town, in its sole discretion, shall not approve any new WCF application until the applicant who is also the owner or operator of any such abandoned WCF has removed such WCF or payment for such removal has been made to the Town.

(viii) Camouflage/concealment.

(1) All WCFs and any transmission equipment shall, to the extent possible, use camouflage design techniques including, but not limited to, the use of materials, colors, textures, screening, undergrounding, or other design options that will blend the WCF to the surrounding natural setting and/or built environment. Design, materials, and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation located in the public right-of-way and on adjacent parcels.

(2) Camouflage design may be of heightened importance where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views, and/or community features). Should the Director determine that WCFs are located in areas of high visibility, they shall (where possible) be designed (e.g., camouflaged, placed underground, depressed, or located behind earth berms) to minimize their profile at the request of the Director.

(3) The camouflage design may include the use of alternative tower structures should the Director determine that such design meets the intent of this Code and the Town is better served thereby.

(4) All WCFs shall be constructed out of or finished with nonreflective materials (visible exterior surfaces only).

(ix) Hazardous materials. No hazardous materials shall be permitted in association with WCFs, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials.

(x) Collocation. To the extent reasonably feasible based upon construction, engineering and design standards, WCF structures shall be designed and constructed to permit the facility to accommodate WCFs from at least two wireless service providers on the same WCF structure unless the Town approves an alternative design. No WCF owner or operator shall unreasonably exclude a telecommunications competitor from using the same facility or location. Upon request by the Director, the owner or operator shall provide evidence explaining why collocation is not possible at a particular facility or site.

(xi) Lighting. WCFs shall not be artificially lighted, unless required by the Federal Aviation Administration (“FAA”) or other governmental authority with jurisdiction, or the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the Town may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences.

(xii) Noise. Noise generated on the site must not exceed the levels permitted in this Code, except that a WCF owner or operator shall be permitted to exceed Code noise standards for a reasonable period of time during repairs, not to exceed two hours without prior authorization from the Town.

(xiii) Landscaping and fencing requirements (excluding building-mounted WCFs, alternative tower structures, and small cells in the ROW).

(1) WCFs shall be landscaped with a buffer of irrigated plant materials that effectively screen the view of the WCF from adjacent residential property. The standard buffer shall consist of the front, side, and rear landscaped setback on the perimeter of the site.

(2) Fencing for screening is required. The fencing or screening material shall meet the standard of the zoning district in which the WCF will be located. In no case may fencing material be wire.

(3) No trees larger than four inches in DBH may be removed, unless authorized by the Planning Director. To obtain such authorization, the applicant shall show that tree removal is necessary, the applicant’s plan minimizes the number of trees to be removed, and any trees removed are replaced at a ratio of two to one (2:1) to a total caliper of the removed trees. Additional landscaping required by the Town will be maintained at the expense of the owner of the WCF.

(xiv) Base stations. If an antenna is installed on a structure other than a tower or alternative tower structure, such as a base station (including, but not limited to, the antennas and accessory equipment), it shall be of a neutral, nonreflective color that is identical to, or closely compatible with, the color of the supporting structure, or uses other camouflage/concealment design techniques so as to make the antenna and related facilities as visually unobtrusive as possible, including, for example, without limitation, painting the antennas and accessory equipment to match the structure. Additionally, any ground-mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the Director, and may, where to the extent reasonably feasible based upon construction, engineering, and design standards, require a flush-to-grade underground equipment vault.

(xv) Alternative tower structures not in the ROW. Alternative tower structures shall be located, designed, and constructed as follows:

(1) The structure shall be sited in a manner that evaluates the proximity of the facility to residential structures and residential district boundaries;

(2) Siting decisions shall take into consideration the uses on adjacent and nearby properties and the compatibility of the facility to these uses, as well as the impact on the surrounding area of the proposed ingress and egress, if any;

(3) The structure shall resemble a building, facility, or structure that is typically found in the surrounding area, and shall be architecturally compatible with the surrounding area; or the structure shall be camouflaged/concealed consistent with other existing natural or manmade features in the surrounding area;

(4) The height or size of the proposed structure shall be minimized as much as possible; and

(5) The structure shall be designed and constructed in a manner that is compatible with the surrounding topography, tree coverage, and foliage, and with the overall design of the site, with particular reference to optimization of design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

(xvi) Alternative tower structures in the ROW. Alternative tower structures and associated small cells or micro cells may be deployed in the ROW through the utilization of streetlight poles, distribution lines, utility poles, traffic signals or similar structures. Such facilities shall remain subject to the alternative tower structures standards of approval set out above, and subject to the following additional design criteria:

(1) To the extent that an alternative tower structure is a vertical structure located in the ROW, with respect to its pole-mounted components, it must be located on or within an existing utility pole serving another utility.

(2) With respect to its pole components, such components shall be located on or within a new utility pole where other utility distribution lines are aerial, if there are no reasonable alternatives, and the applicant is authorized to construct the new utility poles; provided, that to the extent reasonably feasible, such alternative tower structures shall be:

a) Consistent with the size and shape of the poles and pole-mounted equipment installed by communications companies on utility poles near the structure; and

b) Sized to minimize the negative aesthetic impacts to the public right-of-way.

(3) Alternative tower structures shall be designed such that antenna installations on traffic signal standards are placed in a manner so that the size and appearance of the signal will not be considerably altered, and its function will not be impaired.

(4) Any ground-mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the Director, and may, where to the extent reasonably feasible based upon construction, engineering, and design standards, require a flush-to-grade underground equipment vault.

(5) Vehicular circulation or parking within the right-of-way and vehicular, bicycle, or pedestrian access or visibility along the right-of-way shall not be impeded. The alternative tower structure must comply with the Americans with Disabilities Act (“ADA”) and every other local, state, and federal law and regulation. No alternative tower structure may be located or maintained in a manner that causes unreasonable interference. “Unreasonable interference” means any use of the right-of-way that disrupts or interferes with its use by the Town, the general public, or other person authorized to use or be present upon the right-of-way, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the right-of-way that disrupts vehicular or pedestrian traffic, any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare.

(6) The pole or structure is not more than five feet taller (as measured from the ground to the top of the pole) than any existing utility or traffic signal pole within a radius of 500 feet from the pole or structure.

(7) Any such pole shall in no case be higher than 30 feet.

(8) Any such pole shall be separated from any other pole, accessory equipment, or WCF in the ROW by a distance of at least 500 feet unless deployed on an existing structure or replacement pole in the public right-of-way. The Director may exempt an applicant from these requirements if the Director determines, when considering the surrounding topography, the nature of adjacent uses and nearby properties, and the height of existing structures in the vicinity, that placement of a WCF at a distance less than 500 feet from another WCF will meet the intent of reducing visibility and visual clutter of WCFs to the extent possible.

(9) To the extent reasonably feasible, collocations are required in order to limit the number of poles within the right-of-way.

(10) Equipment enclosures shall be located out of view as much as possible and shall comply with Town criteria (e.g., sight line criteria).

(11) When placed near a residential property, the WCF shall be placed adjacent to the common side yard property line between adjoining residential properties, such that the WCF minimizes visual impacts equitably among adjacent properties. In the case of a corner lot, the WCF may be placed adjacent to the common side yard property line between adjoining residential properties, or on the corner formed by two intersecting property lines. If these requirements are not reasonably feasible from a construction, engineering, or design perspective, the applicant may submit a written statement to the Director requesting the WCF be exempt from these requirements.

(xvii) Towers.

(1) Towers shall either maintain a galvanized steel finish, or, subject to any applicable FAA standards, be painted a neutral color so as to reduce visual obtrusiveness as determined by the Town.

(2) Tower structures should use existing land forms, vegetation, and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment.

(3) Monopoles shall taper from the base to the top.

(4) All towers, excluding alternative tower structures in the right-of-way, shall be enclosed by security fencing or wall at least six feet in height and shall also be equipped with an appropriate anti-climbing device consistent with Town Code.

(xviii) Related accessory equipment. Accessory equipment for all WCFs shall meet the following requirements in addition to any other applicable standards of this subsection (10)(b):

(1) All buildings, shelters, cabinets, and other accessory components shall be grouped as closely as technically possible.

(2) The total footprint coverage area of the WCF’s accessory equipment shall not exceed 350 square feet, unless otherwise approved by the Director;

a) No related accessory equipment or accessory structure shall exceed 15 feet in height;

b) Accessory equipment, including but not limited to remote radio units, shall be located out of sight whenever possible by locating behind parapet walls or within equipment enclosures. Where such alternate locations are not available, the accessory equipment shall be camouflaged or concealed.

(xix) Abandonment and removal. Prior to approval, affidavits shall be required from the owner of the property and from the applicant acknowledging that each is responsible for the removal of a WCF that is abandoned or is unused for a period of six months.

(xx) Decision. Any decision to approve, approve with conditions, or deny an application for a WCF shall be in writing and supported by substantial evidence related to regulations and restrictions, as detailed herein, in a written record. The applicant shall receive a copy of the decision.

(xxi) Compliance with applicable law. Upon approval, all work done pursuant to WCF applications must be completed in accordance with all applicable building, structural, electrical, and safety requirements as set forth in Town Code and any other applicable laws or regulations. In addition, all WCF applications shall:

(1) Comply with any permit or license issued by a local, state, or federal agency with jurisdiction of the WCF;

(2) Comply with easements, covenants, conditions and/or restrictions on or applicable to the underlying real property;

(3) Be maintained in good working condition and to the standards established at the time of application approval; and

(4) Remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the Town or after discovery by the owner or operator of the site. Notwithstanding the foregoing, any graffiti on WCFs located in the rights-of-way or on other Town-owned property may be removed by the Town at its discretion, and the owner and/or operator of the WCF shall pay all costs of such removal within 30 days after receipt of an invoice from the Town.

(5) Compliance report. Upon request by the Town, the applicant shall provide a compliance report within 45 days after installation of a WCF demonstrating that, as installed and in operation, the WCF complies with all conditions of approval, applicable Code requirements and standard regulations.

(xxii) Conditional mitigation measures – Co-location.

(1) The Town encourages co-location of wireless telecommunications facilities to minimize the number of sites.

(2) No WCF owner or operator shall unfairly exclude a competitor from using the same facility or location. Unfair exclusion of use by a competitor may result in the revocation of the use by conditional review or site development plan.

11. Agricultural Uses.

a. Agricultural Use Table. The agricultural land uses that are allowed in each zoning district are set out in Table 3-11, Agricultural Uses.

Table 3-11. Agricultural Uses

Land Use

Zoning District

A

R-E

R-1

R-2

R-3

R-MH1

R-MH2

D-A

D-B

C-N

C-C

C-H52

C-E

BLI

I

P

Agritainment

C

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

Commercial Agriculture

P1

P1

-

-

-

-

-

-

-

-

-

-

-

-

-

-

Common Equestrian Stabling and Grazing

L

L

-

-

-

-

-

-

-

-

-

-

-

-

-

-

Table Note:

1If the commercial agriculture use involves the keeping of animals (including bees), limited use review (“L”) applies.

b. Use-Specific Standards for Agricultural Uses. Agritainment, commercial agriculture (when reviewed as a limited use), and common equestrian stabling and grazing may be approved if it is demonstrated that:

(i) If the use involves the keeping of horses, cattle, llamas, buffalo, beefalo, or sheep, the subject property must have been used for grazing of such animals for a period of not less than two years immediately prior to annexation, and animal density is limited to:

(1) Two per acre for horses, cattle, llamas, buffalo, and beefalo, and at least one-half (1/2) acre of pasture is required for each such animal.

(2) Three per acre for sheep.

(ii) Corrals, if any, are spaced at least 100 feet from any existing residence or retail sales building (if a residence or retail sales building is constructed or relocated on the subject property, the corral must be relocated to maintain the 100-foot spacing).

(iii) Apiaries, if any, comply with the requirements set out in Subsection (22) of this Section.

12. Residential Protection Standards.

a. Purpose. The purpose of the residential protection standards is to promote the public health, safety, and welfare by protecting existing residential uses and established residential neighborhoods from the potentially adverse visual, noise, light, traffic, and other impacts arising from the development of certain new commercial, retail, industrial, or institutional/civic uses in close proximity. Accordingly, these standards seek to create a “transition area” between the edges of nonresidential and residential zoning districts and uses.

b. Measurement of Minimum Distances. All required minimum distances set forth shall be measured from the nearest property line of one designated location to the nearest property line of the other designated location along a straight line extended between the two points without regard to intervening structures.

c. Limitations on Permitted Uses.

(i) Unless specifically exempt pursuant to this section 3.4, notwithstanding any other provision of this section 3.4 (including Tables 3-1, 3-2, and 3-4 through 3-11, inclusive), the uses specified in Table 3-12, Residential Protection Spacing Standards, shall not be established or developed within the distance specified below of an existing residential use or of a residential zoning district boundary.

(ii) Residential zoning districts, for the purposes of this standard, shall include residential portions of a mixed-use development that are not located on the same lot as a nonresidential use.

(iii) Nothing in this subsection shall be interpreted to prohibit a lawfully operating use listed below from continuing its operation, if subsequent to the listed use’s establishment, a residential use or zone district, or other protected use, is established or locates within the distances specified below.

Table 3-12. Residential Protection Spacing Standards

Land Use Category/Land Use

Required Spacing From...

R-E, R-1, R-2, R-3, R-MH1, and R-MH2 zoning district boundaries

Existing or approved residential uses in...

C-E zoning district

All Other Zoning Districts

Hospitality, Recreation, and Entertainment Uses

Adult-Oriented Use

1,000 ft.

1,000 ft.

1,000 ft.

Bar, Tavern, or Nightclub

250 ft.

250 ft.

N/A

Indoor Firing or Gun Range

250 ft.

250 ft.

250 ft.

Outdoor Commercial Amusement

500 ft.

500 ft.

N/A

Outdoor Firing or Gun Range

1,000 ft.

1,000 ft.

1,000 ft.

Outdoor Stadium, Arena, Amphitheater, or Drive-In Theater

1,000 ft.

N/A

N/A

Race Track

1,000 ft.

1,000 ft.

1,000 ft.

Restaurant With Drive-In or Drive-Through Facilities

250 ft.

250 ft.

N/A

Zoo

1,000 ft.

1,000 ft.

1,000 ft.

General Commercial Uses

Convenience Lending

250 ft.

250 ft.

N/A

Pawnbroker

250 ft.

250 ft.

N/A

Retail Sales and Services – Liquor Stores

250 ft.

250 ft.

N/A

Retail Sales and Services – Outdoor Sales

250 ft.

250 ft.

N/A

Veterinary and Domestic Animal Uses

Kennel, Indoor

125 ft.

125 ft.

N/A

Kennel, Outdoor

250 ft.

250 ft.

N/A

Veterinary Facilities, Large Animal Clinic

250 ft.

250 ft.

N/A

Community, Civic, Educational, and Institutional Uses

Prison or Jail

1,000 ft.

1,000 ft.

1,000 ft.

Industrial, Processing, Recycling, Storage, and Disposal Uses

Composting Facility

1,000 ft.

1,000 ft.

1,000 ft.

Disposal Facility

1,000 ft.

1,000 ft.

1,000 ft.

Heavy Industry

500 ft. (or separated by arterial street)

500 ft. (or separated by arterial street)

500 ft.

Heavy Logistics Center

500 ft.

500 ft.

N/A

Resource Extraction (Minerals)

Resource Extraction (Oil and Gas)

Salvage Yard

1,000 ft.

1,000 ft.

1,000 ft.

Storage Yard

500 ft.

500 ft.

500 ft.

Waste Transfer Station

1,000 ft.

1,000 ft.

1,000 ft.

Motor Vehicle and Transportation Uses

Fueling, Fast-Charging, or Service Station

250 ft.

250 ft.

N/A

Light Motor Vehicle Repairs and Service

250 ft.

250 ft.

N/A

Heavy Motor Vehicle Repairs and Service

500 ft.

500 ft.

500 ft.

Truck Stop

500 ft.

500 ft.

500 ft.

Heliport

1,000 ft.

1,000 ft.

1,000 ft.

Helistop

1,000 ft.

1,000 ft.

1,000 ft.

Motor Vehicle Wash

250 ft.

250 ft.

N/A

Passenger Motor Vehicle Sales or Rental

250 ft./500 ft. from any outdoor repair or maintenance activities

250 ft./500 ft. from any outdoor repair or maintenance activities

N/A

Heavy Motor Vehicle Sales or Rental

250 ft./500 ft. from any outdoor repair or maintenance activities

250 ft./500 ft. from any outdoor repair or maintenance activities

N/A

Bus or Taxi Terminal, On-Demand Transportation Dispatch

250 ft.

N/A

N/A

RV Storage

500 ft.

500 ft.

N/A

d. Development and Operational Standards.

(i) Applicability. Land uses that are subject to residential protection standards, but not specifically identified in Table 3-12, Residential Protection Spacing Standards, are subject to these standards (in addition to applicable use and development standards stated in this Article and Article 2) when the proposed use is located either within or within 250 feet of a R-E, R-1, R-2, R-3, R-MH1, or R-MH2 zoning district boundary.

(ii) Conflicting Provisions. When the provisions of this subsection conflict with the provisions found in other sections of this Code, the provision that the director determines is more protective of existing residential uses shall apply.

(iii) Operational Standards.

(1) Seating and food service may be provided on an outside patio or enclosure of a restaurant use, provided the patio or enclosure is no more than one-third the gross floor area of the principal use.

(2) Outdoor seating and food service must close by 10:00 p.m. Outside activity shall not be conducted between the hours of 10:00 p.m. and 7:00 a.m., and no delivery, loading, privately-contracted trash removal or compaction, or other such operations shall be permitted between the hours of 10:00 p.m. and 7:00 a.m. unless the Applicant submits evidence that such operations comply with the noise standards in Chapter 10-198 of the Municipal Code.

e. Parking, Access, and Circulation Standards. The off-street parking area for the use shall be a minimum of 15 feet from the lot line of adjacent properties zoned for residential purposes. The parking area shall be landscaped according to section 2.14 and screened to prevent glare from vehicle headlights from intruding on adjacent residential properties.

f. Review of Uses Subject to this Subsection.

(i) Uses Permitted By-Right (“P”) or by Limited Use Approval (“L”).

(1) Review Process. Uses subject to these residential area protection standards that are otherwise permitted by-right (“P”) shall be reviewed according to the procedure stated in Article 4, “Site Plan,” of this Land Use Code. At the Planning Director’s discretion, based on consideration of the proposed use’s potential impacts on nearby residential uses or zoning districts, full conditional use review may be required for any permitted by-right or limited use.

(2) Review Criteria. All by-right uses subject to this provision shall be approved, approved with conditions, or denied based on their compliance with both the standards stated in this subsection for residential area protection, and the general review criteria and standards applicable to a Site Plan.

(ii) Conditional Uses. Uses subject to these residential area protection standards that are permitted as conditional uses (“C”) shall be reviewed and approved according to Section 4.9, Conditional Uses. Approval or denial of the use shall be based on its compliance with both the standards stated in this subsection for residential area protection, and the general and applicable specific review criteria and standards stated in Section 4.9.

13. Accessory Uses and Accessory Buildings (Except Accessory Dwelling Units and Home Occupations).

a. All accessory buildings and uses:

(i) Shall be subject to the general, dimensional, operation, and use-specific regulations stated in this article. In the case of any conflict between the standards of this section and any other requirement of this Code, the standards in this section shall control.

(ii) Must be reasonably and customarily incidental to the principal use and structure.

(iii) Must be located on the same lot as the principal use and structure.

(iv) Must be constructed concurrently or following construction of the principal use or structure, except for accessory dwelling units and caretaker units which must have a valid permit issued for the associated principal structure.

(v) Shall not create a combination of uses, which is the combination of two principal uses. Combination uses will not meet the above standard in terms of being subordinate or providing service to the principal use.

(vi) Must meet the restrictions on pervious surfaces as outlined in Article 2.

b. Accessory Uses. Accessory uses must be subordinate in the area of the footprint, size, and purpose to the principal use.

c. Accessory Buildings.

(i) In the A zoning district:

(1) Accessory buildings are those buildings not related to the primary agricultural use such as barns or storage buildings for agricultural products. Garages for nonagricultural vehicles and other similar nonagricultural buildings are required to meet these standards.

(2) Accessory buildings shall have a maximum footprint of 5,000 square feet.

(3) The maximum height of the accessory building is the maximum height of the underlying zoning district.

(ii) In all other zoning districts, the maximum total footprint of all accessory buildings is 90 percent of the footprint of the principal building, and the maximum height of accessory buildings is the same as the maximum height for principal buildings in the underlying zoning district.

14. Home Occupations. Home occupations are subject to the following standards:

a. Medical, dental and real estate offices are not permitted as home occupations.

b. In addition to the family occupying the dwelling containing the home occupation, there shall not be more than one outside employee in the home occupation.

c. The employee and clients may park in on-street curbside parking spaces.

d. The home occupation shall not exceed 1,000 square feet or 30 percent of the total square footage of the dwelling, whichever is less, or can be located in an accessory building not to exceed 500 square feet.

e. All exterior aspects of the home occupation operation shall not disrupt the residential character of the area.

f. The maximum number of clients which may visit the home occupation per day is 10.

15. Accessory Dwelling Units. Accessory dwelling units (“ADUs”) are subject to the following standards:

a. A, R-E, R-1, and R-2 zoning districts: One ADU is allowed as an accessory to each single-family detached principal use in an A, R-E, R-1, or R-2 zoning district; provided, that it is located on the same lot as the principal use, and subject to the following limitations on floor area:

(i) In the A and R-E Zoning Districts – .

(1) Min. floor area: 500 sf.

(2) Max. floor area: 50 percent of the total floor area of the principal building.

(ii) In the R-1 and R-2 Zoning Districts – .

(1) Min. floor area: 500 sf.

(2) Max. floor area: 1,000 sf.

b. BLI and I zoning districts: One ADU may be allowed as an accessory use; provided, that it is located on the same lot as the principal use, and the applicant demonstrates the need for the ADU in order to provide for security or ensure safe operation of the use.

16. Outdoor Storage.

a. All buildings on the site shall incorporate three different types of cladding materials, resulting in significant variation in the building facades, and the building materials used for buildings, roofs, and other structures are compatible with the desired character of the zone.

b. All storage, equipment, and refuse areas shall be concealed from view from less intensive land uses, residential areas, abutting public rights-of-way and trails or trail corridors.

c. All storage facilities shall be concealed through the use of a solid fence or wall that shall not have an uninterrupted length exceeding 50 feet. The maximum height of the fence shall be eight feet. Pilasters, brick, texture transitions and stepping of the fence planes are required. The use of additional trees and berming that provide year-round screening of a sufficient height to further conceal all stored materials is required to prevent visual impacts on neighboring businesses, residential uses and the streetscape.

d. Storage shall not be permitted within any applicable setback, public right-of-way or in landscaped areas.

e. A minimum of 25 percent of the site must be maintained in live landscaped area.

f. A 50-foot wide landscaped buffer is required along all perimeter streets if storage is adjacent to the right-of-way.

g. A mechanism for long-term maintenance of all fencing is required (i.e., owners’ association, development agreement, or covenants).

h. Outdoor loudspeaker systems are prohibited.

17. Use of Storage Containers.

a. The use of storage containers shall be limited as provided in Table 3-13, Use of Storage Containers.

Table 3-13. Use of Storage Containers

Zoning District

Number of Permanent or Transitory Containers Permitted on Subject Property

Additional Regulations

R-E, R-1, R-2, R-3, R-MH1, R-MH2, C-N, C-C, C-H52, C-E, D-A, D-B, and P

0

(c)

BLI and A

1/acre

(a), (b)

I

4/acre

(a), (b)

b. Permanent containers are containers that remain on the subject property at all times. Permanent containers in the BLI, I, and A zoning districts are considered an accessory structure. Permanent containers shall be:

(i) Identified on an approved site plan and located in an outdoor storage area that meets the requirements set out in Subsection (16) of this Section;

(ii) Situated such that they meet all setbacks (contiguous lots under single ownership may be considered a single lot for this purpose) and are outside of all easements;

(iii) Permanently anchored in accordance with the Building Code (a building permit is required);

(iv) Painted to complement the principal building;

(v) Accessible only to the landowner or employees of the business on the subject property; and

(vi) Arranged so that they are not stacked.

c. Transitory containers are containers that are not consistently kept on the subject property. These containers are not considered an accessory structure as they come and go from the site.

(i) In the BLI, I, and A zoning districts, transitory containers:

(1) Shall not be present on the subject property for a period of more than 180 consecutive days;

(2) Shall be located in an outdoor storage area that meets the requirements set out in Subsection (16) of this Section;

(3) Shall be situated such that they meet all setbacks (contiguous lots under single ownership may be considered a single lot for this purpose) and are outside of all easements;

(4) Shall be accessible only to the landowner or employees of the business on the subject property.

(5) Shall be arranged so that they are not stacked.

(ii) In all other zoning districts, transitory containers used for temporary on-site storage shall not be present on the subject property for more than 30 days per year, unless they are:

(1) Used for temporary storage of construction materials or equipment in conjunction with a valid building permit; or

(2) Allowed in conjunction with an approved temporary use.

18. Stacking and Design Standards for Drive-In and Drive-Through Facilities. The standards of this subsection apply to land uses that include drive-in, drive-through, and “app through” facilities, but not to land uses that provide curbside pick-up services.

a. Minimum Number of Vehicle Stacking Spaces. Off-street stacking spaces shall be provided as set out in Table 3-14, Minimum Number of Vehicle Stacking Spaces by Land Use.

Table 3-14. Minimum Number of Vehicle Stacking Spaces by Land Use

Activity Type

Minimum Stacking Spaces

Measured From1

Bank teller lane

4

Teller or Window

Automated teller machine

3

Automated Teller Machine

Restaurant drive-through

6

Order Box

Restaurant drive-through

4

Order Box to Pick-Up Window

Vehicle wash stall, automatic

4

Entrance

Vehicle wash stall, self-service

3

Entrance

Funeral home/mortuary

4

Primary Passenger Loading Area for Processions

All other drive-through facilities

4

Pick-Up Window

Table Note:

1Measured so that the driver’s side window is centered on the teller, order box, or window, as applicable.

b. Design and Layout. Required drive-through lanes and facilities and vehicle stacking spaces are subject to the following design and layout standards:

(i) Vehicle Stacking Spaces.

(1) Size. The minimum dimensions of vehicle stacking spaces must be nine feet by 20 feet.

(2) Location. Stacking spaces may not impede on- or off-site traffic movements, nor impede movements into or out of off-street parking spaces.

(3) Design.

a) Stacking spaces shall be separated from other internal driveways by raised medians if the Town Engineer deems the median necessary for safe and efficient traffic movement.

b) Vehicle stacking areas adjacent to public streets or sidewalks shall be separated from such streets or sidewalks by walls or landscaping with berms.

(ii) Drive-In (Drive-Through) Facilities and Lanes.

(1) Location and Screening.

a) Drive-in facilities (order stations, pick-up windows, bank teller windows, money machines, etc.) shall be located on the side or rear of principal structures to minimize their visibility from public streets.

b) To the maximum extent practicable, drive-in lanes shall not be located between the primary structure and adjacent public streets or sidewalks. If this is not possible, drive-in lanes and facilities shall be set back a minimum of 20 feet from any adjacent public street or sidewalk. The entire 20-foot setback must be landscaped and bermed to screen the drive-in lane and facility from adjacent streets.

c) Drive-in lanes adjacent to public streets or sidewalks shall be separated from such streets or sidewalks by walls or landscaping with berms.

d) Vehicle wash facilities and gas station auto service bays shall be located on the side or rear of principal structures to minimize their visibility from public streets.

e) In addition to any buffering required by Article 2, drive-in lanes adjacent to residential uses shall be separated from such uses by an opaque wall at least six feet high, located so that required buffer landscaping is between the wall and the adjacent residential use.

19. Design and Performance Standards for Nonresidential Uses in the C-E Zoning District.

a. Limit On Use Outside Buildings. Except for off-street parking and loading areas, all outdoor storage shall be screened above and beyond what is required in other zoning districts as determined in this Land Use Code.

b. Building Design.

(i) To the extent reasonably feasible, industrial buildings shall provide a primary entrance that faces and opens directly onto the adjacent street sidewalk or a walkway, plaza or courtyard that has direct linkage to the street sidewalk without requiring pedestrians to cross any intervening driveways or parking lots.

(ii) Notwithstanding Subsection (19)(b)(i) of this Section, buildings may orient away from the street if the development provides a campus or park-like development block with a unifying, formative internal framework of outdoor spaces and connecting walkways that function as an alternative to street sidewalks by connecting buildings within the site and directly connecting to common destinations in the district (such as transit stops, restaurants, child care facilities and convenience shopping centers). Such an internal network shall provide direct pedestrian access to the street sidewalk.

c. Buildings shall be clad with one or more of the following materials: brick, CMU block, wood, vinyl, stucco, stone and other materials similar in type.

d. Prefabricated buildings and metal buildings are not permitted.

20. Seasonal Sales. Seasonal Sales refers to temporary commercial uses that typically conduct business on vacant land, parking areas, public rights-of-way or other appropriate spaces during particular times of the year. Such uses shall include but not be limited to fireworks stands, Christmas tree lots and produce stands. Seasonal Sales uses shall be allowed to operate for a maximum of 90 days from the time a permit is issued. The proposed business may be subject to other regulations (fire, building, use of public spaces/right-of-way, health, etc.), and other permits or permissions may be required by other Town departments, outside agencies or private property owners.

21. Backyard Chickens. Backyard chickens may be kept in conjunction with an established single-family residence with the following conditions:

a. Up to six hens may be kept. Roosters are not permitted.

b. Backyard chickens shall be located within a designated chicken coop and chicken run that shall meet the following requirements:

(i) The chicken coop and chicken run shall be located in the rear or backyard of a residential property.

(ii) Neither the coop nor run, nor any part thereof, shall be located between the rear of the principal structure and the front yard lot line.

(iii) The coop shall have a minimum five foot setback from any side or rear property line.

(iv) Coops shall be predator-resistant, incorporating a solid covered roof.

(v) Water shall be provided on site and accessible to chickens at all times.

(vi) During daylight hours, the chickens shall have access to a chicken run that is adequately fenced and protected from predators and shall also have access to a chicken coop.

(vii) From dusk until dawn, chickens shall be protected from predators by being enclosed within a chicken coop.

(viii) The maximum chicken coop size is 100 square feet.

(ix) A minimum of four square feet of space per chicken shall be provided in both the coop and the run.

(x) The maximum height of a coop shall be no more than seven feet at the highest point of the roof.

c. Chicken coops and chicken runs shall be maintained and shall be regularly cleaned to control dust, odor, and waste, and not constitute a nuisance, safety hazard, or health problem to surrounding properties.

d. No on-site slaughtering is allowed.

e. Chicken feed shall be stored in a resealable, airtight, predator-proof container or indoors.

f. Chicken waste shall be stored in a resealable, airtight, predator-proof container.

g. A license is required for the keeping of backyard chickens. The license is issued once. Renewal is not required.

h. Many homeowner association covenants do not allow poultry of any kind. The Town of Frederick encourages residents to research their individual homeowner association regulations.

22. Apiaries/Beekeeping. Apiaries/beekeeping is permissible as an accessory use to a single-family detached use. A Town-issued license is required. License applications shall be granted upon demonstration that the standards of this subsection will be met. Once issued, licenses are perpetual, but may not be transferred. Licenses may be revoked upon noncompliance with the standards of this subsection.

a. Maximum Hives Permitted.

(i) A zoning district:

(1) Property less than five acres in size, 12 hives.

(2) Property five or more acres in size, no maximum.

(ii) R-E zoning district: 4 hives.

(iii) R-1 zoning district: 2 hives.

(iv) R-2, D-A, and D-B zoning districts: 2 hives; provided, that the lot area is at least 5,000 square feet and the primary use is single-family detached.

b. Bee colonies shall be kept in hives with movable frames, which shall be kept in sound and usable condition.

c. Hives must be located in the rear yard, at least five feet from a property line.

d. A fresh supply of water shall be provided for all hives.

e. Africanized bees and hybrids of Africanized bees are prohibited.

23. Medical Marijuana Cultivation and Processing by Caregivers and Patients.

a. Medical marijuana caregivers and medical marijuana patients may grow up to six plants in a dwelling unit in the A, R-E, R-1, R-2, R-3, R-MH1, R-MH2, D-A, and D-B zoning districts.

b. If approved by the State of Colorado, Medical marijuana caregivers and medical marijuana patients may grow more than six plants, but not more than 99 plants, in an enclosed building in the I zoning district; provided, that the outer walls of the building are spaced not less than 500 feet from:

(i) An R-E, R-1, R-2, R-3, R-MH1, or R-MH2 zoning district boundary;

(ii) Land within the C-E zoning district that is used or approved for residential purposes; and

(iii) Existing residential lot lines in any other zoning district. (Ord. 1145 §§ 17, 18 (Exh. A), 2013; Ord. 1169 §§ 1 – 9 (Exh. A), 2014; Ord. 1204 §§ 1 – 8 (Exh. A), 2015; Ord. 1234 §§ 5, 6, 2016; Ord. 1244 § 1, 2017; Ord. 1268 § 1, 2018; Ord. 1295 §§ 3, 4, 2018; Ord. 1326 §§ 2, 3, 2019; Ord. 1370 § 1, 2022; Ord. 1374 §§ 2, 3, 2022; Ord. 1386 § 2, 2023)