Federal Heights City Zoning Code

To promote sustainable transportation options this article establishes a permitting process as authorized by the state for the installation and operation of electric vehicle charging stations within the city.

(Ord. No. 25-17, § 1(70-920), 12-16-2025)

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Electric vehicle (EV): The term "electric vehicle," or "EV," shall mean any motor vehicle that is:

(a)

Designed, manufactured, and legally certified for operation on public streets and highways; and

(b)

Propelled, wholly or partially, by one or more electric motors drawing power from a rechargeable energy storage system, such as a battery or fuel cell, and which can be externally charged or generate on-board electrical energy.

(c)

This definition specifically includes, but is not limited to, battery electric vehicles (BEVs), plug-in hybrid electric vehicles (PHEVs), and fuel cell electric vehicles (FCEVs). This definition excludes vehicles that are solely human-powered, solely powered by a conventional internal combustion engine, or vehicles not legally registered for street use, such as specialized construction equipment or off-road vehicles.

Electric vehicle charging station (EVCS): Any area of land or parking spaces occupied by or used for EV charging and any associated electric vehicle charging equipment (EVCE) including but not limited to the conductors, including the ungrounded, grounded, and equipment grounding conductors, and the EV connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of transferring electric energy between the premises wiring and the EV. EVCS are classified into three charging levels:

(a)

Level 1 EVCS (L1): A charging station that provides charging through a 120-Volt, alternating current (AC) plug and a cord connector that meets the Society of Automotive Engineers International J1772 standard or a successor standard. Level 1 equipment is considered slow charging, providing power output typically between 1.4kW and 2.4kW, and typically utilizes a standard, dedicated household outlet.

(b)

Level 2 EVCS (L2): A charging station that provides charging through an electrical service using single-phase alternating current (AC) at a nominal voltage of 208 Volts or 240 Volts. Level 2 equipment is considered medium-speed charging, providing power output typically between 3.0kWatt (W) and 19.2kW, and requires the installation of dedicated charging equipment and a dedicated circuit.

(c)

Level 3 EVCS (L3) or direct current fast charging station (DCFCS): A charging station that provides power at a high voltage, typically 480 Volts or greater, using three-phase alternating current (AC) input to convert power to direct current (DC) for supply directly to the EV's battery. DCFCS equipment is considered rapid charging, providing high power output typically greater than 20kW, and is primarily used for commercial and non-residential applications along high-traffic corridors.

Electric vehicle charging equipment (EVCE): The term "electric vehicle charging equipment" or "EVCE" shall mean the full system of apparatus and components used to conduct or control the transfer of electrical energy from the local electrical grid or other energy source to a rechargeable energy storage system within an EV. This equipment specifically includes, but is not limited to:

(a)

Electric vehicle supply equipment (EVSE): The devices, including but not limited to charging pedestals, charging stations, cord sets, connectors, and communication hardware, designed to safely deliver electrical energy to an EV.

(b)

Ancillary equipment: All necessary components, including conductors, conduits, power outlets, circuit breakers, wiring, junction boxes, networking devices, meters, billing systems, and any software or hardware used for monitoring, control, or payment, that are physically required to safely support the transfer of electrical energy to the EVSE.

(c)

EVCE shall be classified by power output level in accordance with prevailing industry standards (e.g., Level 1, Level 2, or Level 3 DCFCS).

Primary use EVCS: An EVCS facility or location that is the primary use of a property, with no other established primary business or facility on the site (e.g., a dedicated charging hub). This could include convenience, retail or other 'supporting' accessory uses.

Accessory use EVCS: An EVCS that is subordinate and incidental to the primary use of the site (e.g., charging spaces at a retail store, office building, or apartment complex)

(Ord. No. 25-17, § 1(70-921), 12-16-2025)

EVCS are permitted in the following zone districts:

Table A: EVCS Permitted Uses by Zone District

(Ord. No. 25-17, § 1(70-922), 12-16-2025)

(a)

EVCS site development plan (SDP) requirements and exemptions: The installation of any level EVCS on any property shall be subject to the following as applicable:

(1)

Level 1 and Level 2 EVCS are exempt from the SDP standards of section 70-468 of the Code, and the landscape plan standards of section 70-512 of the Code and are only subject to the design requirements of this article and any electrical and building permits as required by chapter 10 of the Code and the Colorado Department of Regulatory Agencies (DORA) for electrical permitting.

(2)

New development: If a Level 3 EVCS is proposed as a primary use or an accessory use on a site where no SDP currently exists, the project shall be subject to the SDP standards of section 70-468 of the Code, however, the review process shall be administrative.

(3)

Existing developed site: If a Level 3 EVCS is proposed as an accessory use on an existing developed site with an approved SDP, the project shall require the submittal and approval of a minor modification of the existing SDP, per section 70-470 of the Code. The review process for a minor modification of an SDP is administrative.

a.

All applicable SDP standards of the city must be met regarding the proposed EVCS change, however the addition of a charging station cannot trigger broader Code compliance for existing sites that are legally non-conforming.

b.

The modification may not eliminate any required items, features, or elements mandated by the original approved SDP.

(4)

Specified access and safety clearance distances between EVCE and site improvements which includes but is not limited to fencing and landscaping must be provided, in accordance with the National Fire Protection Association (NFPA) and National Electrical Safety Code (NESC)standards as adopted by the city and the State of Colorado.

(5)

The EVCS installation must comply with all applicable American with Disabilities Act (ADA) standards for accessible parking and pedestrian routes.

(6)

The location, dimensions, materials and design of EVCS may not create a hazard to the public or constitute a nuisance as defined by chapter 30 of the Code.

(7)

Accessory use EVCS and EVCE are exempt from any visual or landscape screening requirements as defined by article VIII site development plan and article IX landscape plan of the Code.

(8)

Accessory use EVCS and EVCE are permitted to be placed in the required setbacks of the zone district.

(b)

Parking credit.

(1)

All parking spaces served by EVCS or EVCE count towards parking minimums.

(2)

All universally designed parking spaces (ADA van accessible spaces) that are served by EV charging, and not reserved for use only by someone with a disability, count as two spaces towards parking minimums as otherwise required by chapter 70, article XII parking code of the Code.

(3)

The proportion of parking spaces served by EV charging that are ADA accessible shall follow the same standard as for regular parking spaces (1/25) as defined by the ADA.

(Ord. No. 25-17, § 1(70-923), 12-16-2025)