For the purpose of this Chapter, certain words or phrases are defined as set forth in this Article; and when not inconsistent with the content, words shall carry their customary meaning. Words used in the present tense include the future; words in the plural number include singular number; and the masculine includes the feminine.

(Prior code 17.08.010)

Editor's note— Ord. 991 §2, adopted Sept. 8, 2025, repealed § 16-16, which pertained to accessory buildings and derived from the prior code 17.08.020.

Accessory use means a use or structure that is incidental to, customarily associated with, and subordinate in purpose, area, and extent to the principal use. It must be located on the same lot as the principal use and devoted exclusively to serving that use. An accessory use shall not exceed the scale or intensity of the principal use, nor shall it be permitted to function in a manner that effectively establishes it as the dominant use of the property.

(Prior code 17.08.030; Ord. 991 §3, 2025)

Adult amusement or entertainment means amusement or entertainment that is distinguished or characterized by an emphasis on material depicting, describing or relating to specified sexual activities or specified anatomical areas, or which features topless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.

(Ord. 668 §2, 2005)

Adult arcade means any commercial establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors, videocassette players or similar machines, or other image-producing machines, for viewing by five (5) or fewer persons each at any viewing, are used to show films, motion pictures, videocassettes, slides or other photographic, digital or electronic reproductions that are characterized by the depiction, simulation or description of specified sexual activities or specified anatomical areas.

(Ord. 668 §2, 2005)

Adult bookstore, adult novelty store or adult video store means a commercial establishment that devotes a significant or substantial portion of its stock-in-trade or interior floor space to, or has as one (1) of its principal business purposes, the sale, rental or viewing, for any form of consideration, of:

(1)

Any books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes, slides or other visual representations characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

(2)

Any instruments, devices or items designed or intended for use with or in specified sexual activities.

(Ord. 668 §2, 2005)

Adult cabaret means a nightclub, bar, restaurant, concert hall, auditorium or other commercial establishment which features persons who appear nude or in a state of nudity or seminudity; or live performances that are characterized by the exposure of specified anatomical areas or by the exhibition of specified sexual activities.

(Ord. 668 §2, 2005)

Adult motel means a hotel, motel or similar commercial establishment that offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, slides or other photographic productions, however produced, that are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions.

(Ord. 668 §2, 2005)

Adult motion picture theater means a commercial establishment that is distinguished or characterized by showing of films, motion pictures, videocassettes, slides or similar photographic reproductions with an emphasis on depicting or describing specified sexual activities or specified anatomical areas that are regularly shown for any form of consideration.

(Ord. 668 §2, 2005)

Alley means a public way permanently reserved as a secondary means of access to abutting property.

(Prior code 17.08.040)

Application means and includes all forms, fees, maps, plats, data, studies, reports, and other documents required to be submitted to obtain an approval pursuant to any provision of this Chapter.

(Ord. 937, §3, 2023)

Basement means a story having up to two-thirds ( 2/3; ) of its height below grade.

(Prior code 17.08.050)

Boardinghouse and roominghouse mean a building or portion thereof which is used to accommodate for compensation five (5) or more boarders or roomers, not including members of the occupant's immediate family who might be occupying the building.

(Prior code 17.08.060)

Board means the Zoning Board of Adjustment.

(Prior code 17.08.070)

Building means any structure built for the shelter or enclosure of persons, animals, chattels or property of any kind and not including advertising sign boards or fences.

(Prior code 17.08.080)

Building height means the vertical distance from the average lot grade to the uppermost point of the roof structure.

(Prior code 17.08.090)

Cellar means a story having more than two-thirds ( 2/3; ) of its height below grade.

(Prior code 17.08.100)

Commercial establishment, with respect to the regulation of sexually oriented businesses, may have other principal business purposes that do not involve the depicting or describing of specified sexual activities or specified anatomical areas and still be categorized as a sexually oriented business. Such other business purposes will not serve to exempt such commercial establishments from being categorized as a sexually oriented business so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe specified sexual activities or specified anatomical areas. The termcommercial establishment includes clubs, fraternal organizations, social organizations, civic organizations or other similar organizations with paid memberships.

(Ord. 668 §2, 2005)

Contractor's yard means a site or portion of a site used for the storage of construction materials, equipment, machinery, or vehicles directly associated with a contracting business. Contractor's yards are not permitted as a primary use in any zoning district. Such uses shall be considered outdoor storage and are subject to the provisions of Chapter 16, Article 29 of this Code, regulating outdoor storage as an accessory use.

(Ord. 991 §4, 2025)

Day care center means a facility, by whatever name known, which is maintained for gain, for the care of children. Operators of day care centers shall certify to the City Clerk that they are duly licensed with the State, and the Clerk shall issue a local permit with the renewal date corresponding to that of the state license.

(Prior code 17.08.105; Ord. 243 §§ 1, 2, 1981)

Dwelling means any building or portion thereof which is used as the private residence or sleeping place of one (1) or more persons, but does not include hotels, motels, tourist courts, clubs, hospitals, pre-manufactured housing structures, trailer houses and trailer courts or similar use.

(Prior code 17.08.110; Ord. 545 §1, 2000)

One-family dwelling means a detached building designed exclusively for occupancy by one (1) family.

(Prior code 17.08.120; Ord. No. 962, §2, 2024; Ord. 982 §2, 2025)

Two-family dwelling means a detached building designed exclusively for occupancy by two (2) families living independently of each other.

(Prior code 17.08.130)

Multiple-family dwelling means a building or portion thereof designed for or occupied by three (3) or more families living independently of each other.

(Prior code 17.08.140)

Dwelling unit means one (1) or more rooms in a dwelling, apartment house or apartment hotel designed for occupancy by one (1) family providing complete living facilities for living, sleeping and cooking purposes.

(Prior code 17.08.150)

Educational institutions means public schools administered by legal organized school districts; schools administered by church or religious organizations; schools administered by the State; and nonprofit schools, colleges or universities operated under charter or license from the State.

(Prior code 17.08.160)

Electric vehicle charging station means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy by conductive or inductive means to a battery or other energy storage device in an electric vehicle.

(Ord. 940, §2, 2023)

Establishment of a sexually oriented business means and includes any of the following:

(1)

The opening or commencement of any such business as a new business;

(2)

The conversion of an existing business into a sexually oriented business;

(3)

The addition of a different sexually oriented business to any other existing sexually oriented business; or

(4)

The relocation of a sexually oriented business.

(Ord. 668 §2, 2005)

Family means an individual or two (2) or more persons related by blood or marriage or a group of not to exceed five (5) persons (excluding servants) living together as a single nonprofit housekeeping unit in a dwelling unit.

(Prior code 17.08.170)

Floor area, for the purposes of determining the floor area ratio, conversions of existing structures and maximum size of business establishments, means the sum of the gross horizontal areas of several floors measured in square feet, including the basement floor, but not including the cellar floor of the building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The floor area of a building shall also include elevator shafts and stairwells at each floor; floor space used for mechanical equipment, except equipment, open or enclosed, located on the roof; penthouse; attic space having headroom of seven (7) feet, ten (10) inches or more; interior balconies and mezzanines; enclosed porches and floor area devoted to accessory uses; provided that any space devoted to off-street parking or loading shall not be included in floor area.

(Prior code 17.08.180)

Floor area ratio means the numerical value obtained through dividing the gross floor area of a building or buildings by the net lot area on which such building or buildings are located.

(Prior code 17.08.190)

Frontage of lot means the distance substantially parallel to the front lot line measured between side lot lines at the building setback line.

(Prior code 17.08.200)

Private garage means a detached accessory building or portion of a principal building for the parking or temporary storage of automobiles of the occupants of the premises.

(Prior code 17.08.210)

Public garage means a building used for the care, repair or equipment of machine-driven vehicles or where such vehicles are parked or stored for remuneration, hire or sale.

(Prior code 17.08.220)

Grade (ground level) means the average of the finished ground level at the center of all walls of a building.

(Prior code 17.08.230)

Home occupations shall have the meaning set forth in Section 16-500 of this Chapter.

(Prior code 17.08.240; Ord. 460 §4, 1995)

Hospital means any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons and not including clinics, rest homes and convalescent homes.

(Prior code 17.08.250)

Hotel and motel mean a building designed for occupancy as the more or less temporary abiding place for less than thirty (30) days of individuals who are lodged with or without meals, in which there are six (6) or more guest rooms.

(Prior code 17.08.260; Ord. No. 800, § 2, 9-28-2015)

Injection well means a Class II Waste Water Injection Facility used to dispose of produced water associated with oil and natural gas production.

(Ord. 859 §2, 2018; Ord. 876 §2, 2019)

Junkyard means the use of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap material or for the dismantling, demolition or abandonment of automobiles or other vehicles, other machinery or parts thereof.

(Prior code 17.08.270)

Kennel means any premises, building or structure in or on which four (4) or more animals of more than four (4) months of age are harbored.

(Prior code 17.08.280)

Lot means a parcel of real property as shown with a separate and distinct number or letter on a plat recorded in the Weld County Courthouse or when not so platted in a recorded subdivision, a parcel of real property abutting upon at least one (1) public street and held under separate ownership.

(Prior code 17.08.290)

Lot area means the total horizontal area within the lot lines.

(Prior code 17.08.300)

Corner lot means a lot fronting on two (2) intersecting streets.

(Prior code 17.08.310)

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

(Prior code 17.08.320)

Rear lot line means the line opposite to the front lot line.

(Prior code 17.08.330)

Side lot line means any lot line other than front or rear lot lines.

(Prior code 17.08.340)

Reversed corner lot means a corner lot the side street of which is substantially a continuation of the front lot line of the first lot to its rear.

(Prior code 17.08.350)

Through lot means a lot having frontage on two (2) parallel or approximately parallel streets.

(Prior code 17.08.360)

Motor fuel filling station means gas station or service station, and similar terms used to describe this use, but not including a truck stop. A motor fuel filling station does not include any facility meeting the definition of major or minor motor vehicle service or any electric vehicle charging stations accessory to a primary use.

(Ord. 908 §2, 2021; Ord. 940, §3, 2023)

Motor vehicle, equipment, and boat sales, rental, and leasing means a dealership or any other premises on which three (3) or more new cars, trailers, trucks, recreational vehicles, motorcycles, or other motorized vehicles, boats, or equipment are offered for sale, rental, or lease during any calendar year. For purposes of this definition, the following terms shall be interpreted broadly: "recreational vehicle" shall mean and include motorhomes, fifth wheels, travel trailers, toy haulers, pop-ups, truck campers, and teardrops; "boats" shall mean and include personal watercraft and water vessels; "equipment" shall mean and include construction equipment, agricultural equipment, and other heavy-duty equipment, parts, and tools; "motorized vehicle" shall mean and include automobiles, motorcycles (side-by-sides, street bikes, dirt bikes, scooters), all terrain vehicles (ATVs), utility vehicles (UTVs), snowmobiles, snowbikes, and go-karts; and "trailers" shall mean and include those for living quarters, horse, stock, cargo, utility, dump, flatbed, and truck bed.

(Ord. 940, §4, 2023)

Motor vehicle service, major means general repair or reconditioning of engines, air conditioning systems, and transmissions for automobiles, recreational vehicles, and commercial vehicles, and wrecker or towing services; collision services including body, frame, or fender straightening or repair, customizing, or painting; undercoating and rust proofing; and including those uses listed under minor motor vehicle service or any other similar use.

(Ord. 940, §4, 2023)

Motor vehicle service, minor means minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as changing grease, oil, spark plug, and filter changing; emergency road service; replacement of starters, alternators, hoses, brake parts; performing brake inspections and making minor repairs necessary to pass inspection; normal servicing of air conditioning systems; and other similar minor services for motor vehicles, but not including any operations or uses listed under major motor vehicle service or any similar use.

(Ord. 940, §4, 2023)

(a)

Natural medicine means psilocybin or psilocyn and other substances described in the Natural Medicine Code as "natural medicine."

(b)

Natural medicine business means any of the following entities licensed by the state licensing authority: natural medicine healing center, natural medicine cultivation facility, natural medicine products manufacturer, natural medicine testing facility, or other licensed entity created by the state licensing authority.

(c)

Natural Medicine Code means the Colorado Natural Medicine Code, as codified in Section 44-50-101, et seq., C.R.S., as amended.

(d)

Natural medicine healing center means a facility licensed by the state licensing authority that permits a facilitator to provide and supervise natural medicine services for a participant.

(e)

State licensing authority means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacturing, testing, storage, distribution, transportation, transfer, and dispensation of regulated natural medicine and regulated natural medicine product in the State pursuant to the Natural Medicine Code.

In addition to the foregoing definitions, other terms used in this Chapter related to natural medicine shall have the meanings ascribed to them in the Natural Medicine Code.

(Ord. 979 §1, 2025)

Nonconforming building, structure, lot, or use means a building or structure, or portion thereof, lot, or use lawfully existing at the time an ordinance codified in this Chapter becomes effective, and conflicting with the provisions of the Article applicable to the zone in which it is situated. Nonconformities are regulated by Article 14 of this Chapter.

(Prior code 17.08.370; Ord. 733 §1, 2009; Ord. 983 §1, 2025)

Editor's note— Ord. 983 §2, adopted July 14, 2025, repealed § 16-62, which pertained to nonconforming use and derived from the prior code 17.08.380 and Ord. 733 §1, adopted 2009.

Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons.

(Ord. 668 §2, 2005; Ord. 733 §1, 2009)

Nudity or state of nudity means:

(1)

The appearance of human bare buttocks, anus, male genitals, female genitals, pubic region or the areola or nipple of the female breast; or

(2)

A state of dress which fails to opaquely and fully cover human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

(Ord. 668 §2, 2005; Ord. 733 §1, 2009)

Occupied includes arranged, designed, built, altered, converted, rented or leased or intended to be occupied.

(Prior code 17.08.390; Ord. 733 §1, 2009)

Open space means open space on a building site, exclusive of space devoted to vehicular streets, drives and parking areas, and including pedestrian ways, space for active and passive recreation and landscaping.

(Prior code 17.08.400; Ord. 733 §1, 2009)

Park means any public land that has been designated or used for any park, open space or recreational uses or activities, including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball court, tennis court, bike or pedestrian path, open space, wilderness area or similar land within the City.

(Ord. 668 §2, 2005; Ord. 733 §1, 2009)

Off-street parking space shall have a minimum dimension of ten (10) feet wide and twenty (20) feet long exclusive of adequate area for ingress and egress and turning movements.

(Prior code 17.08.410; Ord. 733 §1, 2009)

Peep booth means a room, semi-enclosure or other similar area located within a licensed premises wherein a person may view representations of specified anatomical areas or specified sexual activities.

(Ord. 668 §2, 2005; Ord. 733 §1, 2009)

Photo studio, adult means an establishment that, upon payment of a fee, provides photographic equipment and/or models for the purpose of photographing specified anatomical areas.

(Ord. 668 §2, 2005; Ord. 733 §1, 2009)

Planned unit development means a unified development, single ownership or control, which is subdivided and developed according to a comprehensive plan and where the specific requirements of a given district may be modified.

(Prior code 17.08.430; Ord. 733 §1, 2009)

Profession means members of recognized professions, including doctors, dentists, lawyers, architects, artists, musicians, registered certified public accountants and engineers who are registered with the State Board of Registration.

(Prior code 17.08.440; Ord. 733 §1, 2009)

Public sewer and water facilities means those facilities approved by the City or county health officer.

(Prior code 17.08.450; Ord. 733 §1, 2009)

Public hearing means a hearing held after public notice.

(Prior code 17.08.460; Ord. 733 §1, 2009)

Public notice means notice of a public hearing provided in accordance with Section 16-14.5 of this Code.

(Prior code 17.08.470; Ord. 535 §1, 1999; Ord. 733 §1, 2009; Ord. 746 §1, 2010; Ord. 937, §11, 2023)

Religious institution means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

(Ord. 668 §2, 2005; Ord. 733 §1, 2009)

Roof line means the highest point on any building where an exterior wall encloses usable floor area, including floor area provided for housing mechanical equipment.

(Prior code 17.08.480; Ord. 733 §1, 2009)

Self-storage facility means any structure or structures designed or used for the purpose of storage space for occupants and owners who have access to such facility for the purpose of storing and removing personal property, directly or indirectly, regardless of whether the units are rented or sold as condominium storage space. Self-storage includes "device storage," which rents storage space such as rooms, lockers, container, and/or outdoor space, also known as storage units, usually on a short-term basis and often month-to-month. Self-storage does not include lockers where retail purchases are temporarily stowed for pick-up by a customer.

(Ord. 908 §2, 2021)

Seminude or seminudity means a state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breasts, as well as portions of the body covered by supporting straps or devices.

(Ord. 668 §2, 2005; Ord. 733 §1, 2009)

Sexually oriented business means and includes an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motion picture theater or nude model studio. The term sexually oriented business does not mean or include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the State engages in medically approved and recognized sexual therapy.

(Ord. 668 §2, 2005; Ord. 733 §1, 2009)

Sign means any object, device or part thereof situated outdoors or indoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination or projected images.

(1)

Animated sign means any sign or part of a sign which changes physical position by any movement or rotation.

(2)

Flashing sign means any directly or indirectly illuminated sign, either stationary or animated, which exhibits changing natural or artificial light or color effects by any means whatsoever.

(3)

Single-faced sign means any sign with letters, figures or symbols on one (1) side only.

(Prior code 17.08.490; Ord. 733 §1, 2009)

Skid unit means a structure or group of structures, either single or multi-sectional, not built on a permanent chassis and ordinarily designed for human living quarters or a place of business, on a temporary or permanent basis.

(Ord. No. 800, § 3, 9-28-2015)

Specified anatomical areas means and includes any of the following:

(1)

Less than completely and opaquely covered:

a.

Human genitals or pubic region;

b.

Buttocks or anus; or

c.

Female breasts below a point immediately above the top of the areola; or

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(Ord. 668 §2, 2005; Ord. 733 §1, 2009)

Specified sexual activities means and includes any of the following:

(1)

The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

(3)

Masturbation, actual or simulated;

(4)

Human genitals in a state of sexual stimulation, arousal or tumescence; or

(5)

Excretory functions as part of or in connection with any of the activities set forth in Paragraphs (1) through (4) of this definition.

(Ord. 668 §2, 2005; Ord. 733 §1, 2009)

Storage yard means a site or portion of a site used for the outdoor storage of materials, equipment, vehicles, or other items, whether temporarily or permanently. Storage yards are not a permitted use in any zoning district. Such uses shall be considered outdoor storage and are subject to the provisions of Chapter 16, Article 29 of this Code, which regulates outdoor storage as an accessory use.

(Ord. 991 §4, 2025)

Street means a public thoroughfare which affords the principal means of access to abutting property, and includes sidewalk or side-walk right-of-way, curb, gutter and roadway, measuring from property line to property line.

(Prior code 17.08.500; Ord. 278 §2, 1983; Ord. 733 §1, 2009)

Structure means anything constructed or erected, which requires location on the ground or attachment to something else having location on the ground and must be permanently secured, but not including fences or walls less than six (6) feet high. Material used in construction of accessory buildings or additions shall be of compatible materials approved by the Building Official.

(Prior code 17.08.510; Ord. 733 §1, 2009)

Telephone exchange facility means a support building, structure or equipment cabinet containing electrical and mechanical equipment for the reception and transmission of telephone signals, excluding any personal wireless service facility.

(Ord. 585 §2, 2001; Ord. 733 §1, 2009)

Temporary workforce housing, also known as crew camps, man camps or crew housing facilities, means one (1) or more dwelling units, skid units or pre-manufactured housing units, erected, co-located, or assembled for a business for its employees, either by or for the business, occupied by employees of a business, and offered to such employees as temporary lodging or sleeping rooms, for purchase at a fee or as compensation for work performed, regardless of whether meals are provided on site.

(Ord. No. 800, § 4, 9-28-2015)

Theater, adult means a theater, concert hall, auditorium or similar commercial establishment that, for any form of consideration, regularly features persons who appear in a state of nudity or live performances characterized by specified sexual activities or by an emphasis on exposure of specified anatomical areas.

(Ord. 668 §2, 2005; Ord. 733 §1, 2009)

Truck stop or travel plaza means and includes motor vehicle and truck fueling facilities as well as maintenance, servicing, storage, parking or repair of commercial vehicles, including the sale of motor fuels or other petroleum products, and the sale of accessories or equipment for over-the-road trucks and similar commercial vehicles. A travel plaza or truck stop may also include overnight accommodations, showers, vehicle scales, restaurant facilities, game rooms, and/or other services and diversions intended mainly for use by truck drivers and interregional travelers.

(Ord. 908 §2, 2021)

Warehouse facility means an establishment engaged in the storage of goods, such as manufactured products, supplies, equipment, or food. This term excludes bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. Warehouse facility does not include warehousing, storage, or mini-storage facilities offered for rent or lease to the general public.

(Ord. 908 §2, 2021)

Welfare institutions means philanthropic institutions, incorporated hospitals and sanitariums which serve general medical purposes, but not including penal or correctional institutions for the insane or feebleminded.

(Prior code 17.08.520; Ord. 733 §1, 2009)

Yard means a space on the same lot with the principal building, open, unoccupied and unobstructed by buildings or structures from the ground vertically to the sky.

(Prior code 17.08.530; Ord. 278 §2, 1983; Ord. 733 §1, 2009)

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

(Prior code 17.08.540; Ord. 733 §1, 2009)

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

(Prior code 17.08.550; Ord. 733 §1, 2009)

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

(Prior code 17.08.560; Ord. 733 §1, 2009)