The following rules shall apply for construing or interpreting the terms and provisions of this FDC.

A.

Meanings and intent. All provisions, terms, phrases, and expressions contained in this FDC shall be construed according to the general purposes set forth in Section 16.1.3 and the specific purpose statements set forth throughout this FDC. When, in a specific Section of this FDC, a different meaning is given for a term defined for general purposes in this Chapter, the specific Section's meaning and application of the term shall control.

B.

Headings, illustrations, and text. In the event of a conflict or inconsistency between the text of this FDC and any heading, caption, figure, illustration, table, or map, the text shall control.

C.

Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including," and "such as," or similar language are intended to provide examples and are not exhaustive lists of all possibilities.

D.

Computation of time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the Town, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the Town. References to days are calendar days unless otherwise stated.

E.

References to other regulations/publications. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated.

F.

Delegation of authority. Any act authorized by this FDC to be carried out by a specific official of the Town may be carried out by a designee of such official.

G.

Technical and non-technical terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

H.

Public officials and agencies. All public officials, bodies, and agencies to which references are made are those of the Town, unless otherwise indicated.

I.

Mandatory and discretionary terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.

J.

Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

1.

"And" indicates that all connected items, conditions, provisions or events apply;

2.

"Or" indicates that one or more of the connected items, conditions, provisions or events apply.

K.

Tenses, plurals, and gender. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.

The Director has final authority to determine the interpretation or usage of terms used in this FDC. Any person may request an interpretation of any term by submitting a written request to the Director who shall respond in writing within thirty (30) days.

The following words, terms and phrases, when used in this FDC, shall have the meanings ascribed to them in this Section:

Abut or abutting. Touching. An abutting condition shall not be affected by the parcelization or division of land that results in an incidental, non-buildable, remnant lot, tract or parcel.

Accessory use. A structure or use that: (1) is subordinate in area, extent, and purpose to the principal use; (2) contributes to the comfort, convenience, or necessity of the principal use; and (3) is located on the same lot or on a contiguous lot in the same ownership and in the same zone district as the principal use.

Adequate public facilities ("APF"). Public facilities and services necessary to maintain the adopted level of service standards.

Adjacent. Nearby, but not necessarily touching. The determination of "nearby" shall be made on a case-by-case basis, taking into consideration the context in which the term is used and the variables (such as but not limited to size, mass, scale, bulk, visibility, nature of use, intensity of use) that may be relevant to deciding what is "nearby" in that particular context. Adjacency shall not be affected by the existence of a platted street or alley, a public or private right-of-way, or a public or private transportation right-of-way or area.

Administrative review/decision. Review or decision by the Director.

Adult bookstore. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals and goods and items held for sale which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or sections devoted to the sale or display of such material.

Adult cabaret, restaurant or place of business. A cabaret, restaurant or place of business which features waitresses, waiters, dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers attired in such manner as to display "specified anatomical areas."

Adult hotel or motel. Any hotel or motel in which the presentation of adult material is the primary or principal attraction.

Adult material. Any material including, but not limited to, books, magazines, newspapers, movie films, slides or other photographic or written materials, video tapes, video disks, computer software and/or other items or devices which are distinguished or characterized by their emphasis on depicting, describing or relating to "specified anatomical areas" or "specified sexual activities."

Adult mini-motion picture theater. Any theater or establishment with a capacity of less than fifty (50) persons in which the presentation of adult material is the primary or principal attraction.

Adult novelty store or adult retail store. Any establishment that has adult material as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues from such material, or devotes a significant or substantial portion of its interior business or interior advertising to such material, or maintains a substantial or significant portion of its gross floor area or display space for the sale or rental, for any form of consideration, of such material including, but not limited to, books, magazines, newspapers, movie films, slides or other photographic or written material, video tapes, video disks, computer software and/or other items or devices. For the purpose of this definition, "significant or substantial" shall mean more than twenty (20) percent.

Adult-oriented. A use of property where the principal use, or a significant or substantial adjunct to another use of the property, is the sale, rental or display of adult material, or is an offering of live entertainment, dancing or material which is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to "specified sexual activities" or "specified anatomical areas" as the primary attraction to the premises.

Adult photo studio. An establishment that, upon payment of a fee, provides on-premises photographic equipment, services and/or models for the purpose of photographing specified anatomical areas.

Adult theater. A theater used for the presentation of material distinguished or characterized by an emphasis on material depicting, describing or relating to specified sexual activities.

Agricultural. The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry; excluding the raising of hogs, pigs or other livestock fed from garbage or offal. Accessory uses may include dwelling units for proprietors and employees, barns, storage of grain, animal raising, feed preparation, and wholesale sales of products produced on-site. Specific use types include, but are not limited to: agricultural cultivation; agricultural grazing; or produce stand.

Agricultural cultivation. The raising of agricultural products for consumption, commercial wholesale or development of agritainment uses such as corn mazes and orchid houses. Products may include, but are not limited to, vegetables, grains, fruits, plants, and other similar products.

Agricultural grazing. The practice of keeping cattle, sheep, horses, or other similar animals on fields for the purpose of grazing and feeding.

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

Alteration. Any change, addition or modification in construction, occupancy or use.

Amusement park. An outdoor enterprise whose main purpose is to provide the general public with entertaining activity, where tickets are sold or fees collected at the activity. Commercial amusements include miniature golf courses, outdoor arcades, ferris wheels, children's rides, roller coasters, skateboard parks, go-cart tracks, water parks and similar uses.

Animal boarding. The operation of an establishment in which domesticated animals other than household pets are housed, groomed, bred, boarded, trained or sold. This term shall not include the operation of a kennel.

Animal day care. A facility providing such services for domesticated pets for all or part of a day, obedience classes, training, grooming and/or behavior counseling.

Animal hospital, large animals. An animal hospital or rehabilitation center for large animals is a veterinary establishment whose purpose is to provide inpatient and outpatient services to animals such as cows, horses, buffalo, pigs, sheep, goats, donkeys, mules, and other animals of similar size. Such facilities may be indoor only, or may have both indoor and outdoor facilities, depending on the zone district in which they are located; see Table 3-1.

Animal hospital, small animals. An animal hospital for small animals is a veterinary establishment whose purpose is to provide inpatient and outpatient services to animals such as cats, dogs, fowl, reptiles and other small domestic animals. Such facilities may be indoor only, or may have both indoor and outdoor facilities, depending on the zone district in which they are located; see Table 3-1.

Animal sales and care. Animal sales and care uses involve the selling, boarding, or care of animals on a commercial basis. Accessory uses may include confinement facilities for animals, parking, and storage areas. Specific use types include, but are not limited to: animal hospital, large animals; animal hospital, small animals; horse stables; or kennel or animal day care.

Antenna collocation on existing tower. Any structure or device used to collect, receive, transmit, or radiate electromagnetic waves, including both directional antennas (such as panels, microwave dishes, satellite earth station antennas over two (2) meters in diameter) and omni-directional antennas (such as whips) that is placed upon an existing telecommunications tower or projection. This term does not include antennas two (2) meters or less in diameter.

Apartment. A part of a building consisting of a room or rooms intended, designed, or used as a residence by an individual or a single-family.

Appeal. A request for a review of the administrative official's interpretation of any provision of this chapter or a request for a variance.

Applicant. The legal owners of a lot or of any land included in a proposed development; the holder of an option or contract to purchase, or any other person having enforceable proprietary interest in such land.

Architectural projection. Any projection that is not intended for occupancy and which extends beyond the face of an exterior wall of a building, including arcades, roof overhangs, mansards, unenclosed exterior balconies, marquees, canopies, pilasters, fasciae and the like, but not including signs.

Area of shallow flooding. A designated AO, AH, or VO zone on a community's flood insurance rate map (FIRM) with a one (1) percent chance or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard. The land in the floodplain subject to a one (1) percent or greater chance of flooding in any given year. The area may be designated as Zone A on the flood hazard boundary map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V.

Artificial turf. A manufactured substitute for organic turf, lawn, or sod which effectively simulates the appearance of a well-maintained lawn and meets all the quality, materials and installation standards outlined in this code.

Assembly. Assembly uses include facilities owned or operated by associations, corporations, or other persons for social, educational, or recreational purposes primarily for members and their guests. Accessory uses may include offices, meeting areas, food preparation areas, concessions, parking, and maintenance facilities. This use includes assembly of fraternal organizations (Elks, Lions Club, etc.).

Assembly building or place of assembly. As related to oil and gas well facility regulations, assembly building shall mean any building or portion of building or structure used for the regular gathering of fifty (50) or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking or dining or awaiting transport.

Athletic fields and courts. Land, often requiring equipment, designed for outdoor games and sports such as baseball, football, tennis and soccer.

Automated teller machine. A device that dispenses cash and conducts limited banking transactions for customers using a credit card, bank card, or other similar personal banking card. These devices, known as automatic teller machines (ATMs), may be part of a bank office, a drive-up banking center, or may be freestanding units in retail centers or within other buildings.

Auto wrecking and salvage yard. Any lot upon which two (2) or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license or registration, have been placed for the purpose of obtaining parts for recycling or resale.

Awning. A shelter supported entirely from the exterior wall of a building.

Balcony, exterior. A projecting platform that is enclosed only by a parapet or railing, and is roofless, and which is suspended or cantilevered from, or supported solely by, the principal structure.

Bank. A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions, such as making loans, investments, and fiduciary activities. Banks may or may not have a drive-through facility, depending on the zone district in which they are located; see Table 3-1.

Bar/tavern. An area or structure primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. Operations may or may not include outdoor seating areas or outdoor service, depending on the zone district in which they are located; see Table 3-1.

Base flood. A flood, having a one (1) percent chance of being equaled or exceeded in any given year. This term is used interchangeably with a 100-year flood.

Base flood elevation. The water surface elevation of the base flood in relation to mean sea level.

Basement. That portion of a building that is partly or completely below grade.

Bed and breakfast. An establishment operated in a private residence or portion thereof, which provides temporary accommodations to overnight guests for a fee and which is occupied by the operator of such establishment.

Bicycle parking. An area that includes a bicycle rack and is free of obstructions to allow the convenient and accessible parking of a bicycle.

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

Block. Land or a group of lots, surrounded by streets or other rights-of-way other than an alley, or land which is designated as a block on any recorded subdivision tract.

Board. The Board of Trustees of the Town of Firestone, Colorado.

Boarding and rooming house. A building other than a hotel, motel or bed and breakfast where, for compensation and by prearrangement for definite periods lasting one (1) week or longer, meals or rooming units are provided for three (3) or more persons, but not exceeding twenty (20) persons, provided such persons are not members of the owner's or operators immediate family.

Botanical garden. A public or private facility for the demonstration and observation of the cultivation of flowers, fruits, vegetables or ornamental plants.

Building. Any structure constructed in compliance with the Building Code, used or intended for supporting or sheltering any use or occupancy, and any walled or roofed structure, including a gas or liquid storage tank and manufactured homes that are principally aboveground.

Building coverage. Any area of a portion of a lot which is covered by all buildings on that lot.

Building frontage. The horizontal, linear dimension of that side of a building, which abuts a street, a parking area, a mall, or other circulation area open to the public and has either a main window display or a public entrance to the building. In industrial districts a building side with an entrance open to industrial employees shall also qualify as a building frontage. Where more than one use occupies a building, each such use having a public entrance or main window display for its exclusive use shall be considered to have its own building frontage, which shall be the front width of the portion of the building occupied by that use.

Building height. Building height shall be measured as the vertical distance above a reference datum to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following; whichever yields a greater height of building:

a.

The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten (10) feet above lowest grade.

b.

An elevation ten (10) feet higher than the lowest grade when the sidewalk or ground surface described above is more than ten (10) feet above lowest grade.

Building mass. The three-dimensional bulk of a building: height, width and depth.

Building materials and lumber sales. An establishment for the sale of materials, hardware and lumber customarily used in the construction of buildings and other structures, which includes facilities for storage.

Building official. The Chief Building Official of the Town of Firestone, Colorado.

Buffer. Open spaces, landscaped areas, fences, walls, berms, or any combination thereof, used to visually cushion and provide a physical separation between adjacent structures or uses.

Bus lot/maintenance facility. Any lot, tract or land area used for the storage, layover or maintenance of passenger buses, motor coaches or school buses.

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

Campground. An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including tents and recreational vehicle equipment.

Car wash. A facility for the cleaning of automobiles, providing either self-serve facilities or employees to perform washing operations.

Cemetery. Land used or dedicated to the interment of human or animal remains, including columbarium, mausoleums, mortuaries and associated maintenance facilities when operated in conjunction with, and within the boundaries of, such cemetery.

Change of use. The act of changing the occupancy of a building or land from a use that is specifically listed as a "permitted use" including:

a.

The occupancy of a single-tenant building or of a parcel of land changes from the most recent previously existing use to a different use;

b.

The occupancy of a tenant space in a multi-tenant building changes to a use that is not currently existing in another tenant space of the building or that did not previously exist in any tenant space of the building within the last twelve (12) months; or

c.

The most recent previously existing use of a building or land has been abandoned, by cessation of active and continuous operations during a period of twelve (12) consecutive months, and either the same type of use is proposed to be reestablished or a different use that did not exist on the property is proposed to be established.

Channel. A natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct periodically or continuously flowing water. Channel flow, this, is that water which is flowing within the limits of the defined channel.

Check-cashing facility. An establishment that for compensation engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. Further, this classification does not include establishments selling consumer goods, including consumables, where the cashing of checks or money orders is incidental to the main purpose of the business.

Child care. Child care uses include facilities that provide care for children on a regular basis away from their primary residence. This category does not include public or private schools or facilities operated in connection with an employment use, shopping center, or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity. Accessory uses include offices, recreation areas, and parking.

Child care center, large. A facility that is maintained for the whole or part of the day for the care of sixteen (16) or more children who are eighteen (18) years of age or younger and who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as day care centers, school-age child care centers, before and after school programs, nursery schools, kindergartens, preschools, day camps, summer camps, and centers for developmentally disabled children and those facilities that give twenty-four (24) hour care for children and includes those facilities for children under the age of six (6) years with stated educational purposes operated in conjunction with a public, private or parochial elementary school system of at least six (6) grades or operated a s a component of a school district's preschool program operated pursuant to Article 28 of Title 22, C.R.S. The term shall not include any facility licensed as a family care home (defined below in the accessory use definitions) or foster care home.

Child care center, small. The same type of facility defined as large child care center above, except that the facility cares for more than five (5), but less than sixteen (16) children.

College or university. A permanent facility for the purpose of undergraduate and graduate instruction. The institution may be privately or publicly funded and may also include on-campus dormitories for enrolled students.

Commercial amusement. A commercial establishment designed and equipped for the conduct of sports, exercise, or leisure-time activities within a fully enclosed building. Typical uses include, but are not limited to: billiards, bingo, bowling, gymnasiums and health clubs, pools, skating rinks, motion picture theaters, and related amusements. Accessory uses may include the preparation and serving of food or sale of equipment related to the enclosed uses.

Commercial development. Any land development activity except development activity intended solely for residential, industrial or light industrial use.

Commission. The Town of Firestone Planning and Zoning Commission.

Common open area. Areas held in private ownership and designated for shared use by common owners, their guests and invitees, or members of an owner's association.

Community center (public). A place, structure, area, or other facility used for and providing fraternal, social, or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community, including senior centers and teen centers.

Community facility. Community Facility uses includes buildings, structures, or facilities owned, operated, or occupied by a non-profit or governmental agency to provide a service to the public. Specific use types include, but are not limited to: Community Center (public); Correctional Facility; Governmental Office; Recreation Center; HOA/Metro District Facilities; Public Utility Services; Public Safety Station; or Transit Center.

Community garden. A public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one (1) person or family.

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

Comprehensive plan. The Comprehensive Master Plan for the Town which has been officially adopted to provide long-range development policies for the Town and which includes, among other things, the plan for land use, land subdivision, circulation and public facilities.

Concealed antennae and towers. Any man-made trees, clock towers, bell steeples, light poles, water towers and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

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

Container (cargo container, shipping container, or truck trailer body). A standardized, reusable vessel that is or appears to be: (1) originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities, or (2) designed for or capable of being mounted or moved on a rail car, or (3) designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.

Contractor's shop or storage yard. A building or part of a building or land area for the construction or storage of materials, equipment, tools, products, and vehicles.

Convenience store. A retail establishment with a floor area of less than five thousand (5,000) square feet, which sells a limited line of groceries and household items, gasoline, or beer and wine generally intended for the convenience of the neighborhood, but not including an automobile service station.

Correctional facility. A facility for the purpose of incarcerating and rehabilitating offenders.

County Clerk and Recorder. Weld County Clerk and Recorder.

Court yards. Open, unoccupied spaces that are wholly or partially enclosed.

Crosswalk or walkway. A right-of-way dedicated to public use and designed to facilitate pedestrian traffic.

Cultural facility. A cultural facility displays or preserves objects of interest or provides facilities for one or more of the arts or sciences. Accessory uses may include parking, offices, storage areas, and gift shops. Specific use types include, but are not limited to: botanical garden; library; museum; or zoo.

Deck. An uncovered platform constructed of wood or similar synthetic material.

Dedication. A grant of land or the right to use land, by the owner of that land, to the public, involving a transfer of property right s and an acceptance of the dedicated property by the Town.

Density, gross. The total number of dwelling units per gross acre of the total land area to be developed.

Density, net. The total number of dwelling units per acre of the total land area to be developed excluding rights-of-way, common areas, parks, open space, and recreational, civic, commercial, and other nonresidential uses.

Dental or medical office, clinic, or laboratory. A facility for a group of one or more dentists or physicians for the examination and treatment of human outpatients, provided that patients are not kept overnight except under emergency conditions.

Development. Any manmade change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Diameter-at-breast-height (DBH). A tree trunk diameter as measured in inches at a height of four and one-half (4½) feet above the ground or, in the case of a tree that is divided into multiple trunks below four and one-half (4½) feet, as measured at the most narrow point beneath the point of division.

Director. The Director of Planning and Development of the Town of Firestone, Colorado or designated representative.

Dormitory. A building or buildings occupied by and maintained exclusively for students affiliated with an academic or vocational institution, including, but not limited to, fraternities, sororities, and dormitories.

Drip line. A vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.

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

Drive-in use. An establishment which by design, physical facilities, service or packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.

Drive-through or up service. Business designed to permit customers to remain in their motor vehicles while being accommodated by the business.

Driveway. A constructed access serving a property and abutting a public or private street.

Dwelling, live/work. A building or space within a building combining a residential living space with an integrated workspace used regularly by one or more of the residents of the dwelling unit. Examples of a live-work dwelling unit include, without limitation, a limited business operating on the first floor of a primary residence, or a loft space within a building originally designed for commercial or industrial occupancy that has been remodeled to include a dwelling unit space integrated with work space.

Dwelling, mobile home. A transportable, factory-built home, designed to be used as a year-round residential dwelling unit and built prior to the enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974.

Dwelling, multi-family. A building or portion thereof used for occupancy by three (3) or more families living independently of each other and containing three (3) or more dwelling units, including what is commonly known as an apartment building, but not including group, paired homes, duplexes, rowhomes, or townhomes.

Dwelling, single-family attached. A single-family dwelling unit attached to one or more dwelling units or buildings, with each dwelling unit located on its own separate lot. Units include what are commonly known as paired homes, duplexes, rowhomes, or townhomes.

Dwelling, single-family detached. A residential building containing not more than one (1) dwelling unit entirely surrounded by open areas on the same lot.

Dwelling unit. One (1) room or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy or for rental or lease on a monthly or longer basis, physically separated from any other rooms or dwelling units which may be in the same structure. The term shall not include hotels, motels or other structures used primarily for temporary occupancy.

Easement. A grant of one or more of the property rights by the owner to, or for the use by the public, a corporation, or persons, of any designated part of his property for specific purposes.

Education. Education uses are public, private, and parochial institutions at the primary, elementary, middle, high school, or post-secondary level, or trade or business schools, which provide educational instruction to students. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before or after school day care. Specific use types include, but are not limited to: college or university; commercial school; or school (public or private).

Employees. The total number of persons reasonably anticipated to be employed in a building or on land during normal periods of use.

Extended-stay lodgings. A hotel or motel typically rented or hired out for periods of one (1) week or more that also provides kitchen facilities with refrigerators, stoves, and ovens for food preparation in individual rooms.

Extent reasonably feasible or practicable. That, under the circumstances, reasonable efforts have been undertaken to comply with the regulation, that the costs of compliance clearly outweigh the potential benefits to the public or would unreasonably burden the proposed project, and reasonable steps have been undertaken to minimize any potential harm or adverse impacts resulting from noncompliance with the regulation.

Facade, primary. Those portions of a building which are habitable residential space that faces and are most closely parallel to the front lot line. The entire area of a building face that extends from the roof to the ground and from one corner of the building to another. The front facade shall not include:

a.

Non-habitable spaces such as garages;

b.

Protrusions such as bay windows, chimney chases; and

c.

Porches, architectural entry features and entry stairs.

Family. One or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit; provided that a group of four (4) or more persons who are not within the second degree of kinship shall not be deemed to constitute a family. (See group home).

Notwithstanding the definition in the preceding paragraph, not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as a single, nonprofit housekeeping unit shall be deemed to constitute a family.

Family care home. A facility for child care in a place of residence of a family or person for the purpose of providing family care and training for a child under the age of sixteen (16) years who is not related to the head of such home. The term includes any family foster home receiving a child for regular 24-hour care and any home receiving a child from any state operated institution for child care or from any child placement agency, or any family child care home receiving a child for less than 24-hour care.

Farm market. An area that is used by one or more operators of bona fide farms for the direct sale to consumers of agricultural products that are not grown or raised on the same premises as the market.

Final Development Plan. A plot of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information.

Financial institution. Establishments that provide retail banking services, mortgage lending, and similar financial services to individuals and businesses. This classification includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities, but shall not include bail bond brokers. Accessory uses may include automatic teller machines, offices, and parking. Specific use types include, but are not limited to: automated teller machine; bank; or check-cashing facility.

Fire district. The Frederick Firestone Fire Protection District.

Fleet vehicle. A group of vehicles with a single owner, typically a company or corporation, rather than an individual or family. Examples are vehicles owned by a car rental company, construction company, or security company.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

a.

The overflow of inland or tidal waters; or

b.

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood insurance rate map (FIRM). The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the Town.

Flood insurance study (FIS). The official report provided by the Federal Emergency Management Agency. The report contains the flood insurance rate map as well as flood profiles for studies flooding sources that can be used to determine base flood elevations for some areas.

Floodplain. The relatively flat or lowland area adjoining a river, stream, watercourse, ocean, lake, or other body of standing water which has been or may be covered temporarily by floodwater. For the purpose of this chapter, the "floodplain" is defined as the area that would be inundated by the base flood.

Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

Flood proofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Flood protection system. Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Floodway fringe. That area of the floodplain, outside of the floodway, that would be inundated by the base flood.

Floodway (regulatory floodway). The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one-half (½) foot in height.

Floor area. The total square feet of floor space within the outside dimensions of a building, including each floor level, but excluding carports, garages, breezeways, porches, verandas, and balconies.

Food and beverage service. Food and beverage service businesses serve prepared food or beverages for consumption on or off the premises. Accessory uses may include food preparation areas, offices, and parking. Specific use types include: bar/tavern; nightclub; restaurant; restaurant, with drive-through or up service; or restaurant with outdoor seating.

Foot-candle. A unit of measurement referring to illumination incident to a single point. One (1) foot-candle is equal to one (1) lumen uniformly distributed over an area of one (1) square foot.

Freight or truck yard. An area or building where cargo is stored and where trucks, including tractors and trailer units, load and unload cargo on a regular basis. The use may include facilities for the temporary storage of loads prior to shipment. The use shall also include truck stops or fueling stations where diesel fuel is primarily sold.

Frontage. That portion of a lot, parcel, tract or block abutting upon a street or other right-of-way.

Fugitive dust. Solid airborne particulate matter emitted from any source other than an opening which channels the flow of air contaminants and then exhausts the contaminants directly into the atmosphere. Fugitive dust also includes solid particles released into the atmosphere by natural forces or by mechanical processes, such as crushing, grinding, milling, drilling, demolishing, pulverizing, shoveling, conveying, covering, bagging or sweeping.

Fully shielded. Shielded or constructed so that no light rays are emitted by the installed outdoor light fixtures at angles above the horizontal plane, as certified by a photometric test report.

Funeral parlor or mortuary. A place for the storage of deceased human bodies prior to burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

Garage, private. A building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.

Garage, tandem. A parking space within a group of two (2) or more parking spaces arranged one (1) behind the other.

Gas station. See service station.

Gazebo. An accessory structure no larger than two hundred (200) square feet which may be covered by a roof and enclosed with screening intended to be used for outdoor living activities.

General outdoor recreation, commercial. Intensely developed recreational uses such as amusement parks, miniature golf courses, batting cages, skateboard or skate parks or courses, bicycle motocross courses, water parks or slides, drive-in or outdoor movie theaters, courses for paramilitary games, and archery facilities.

General retail. A commercial enterprise that provides goods, products, or materials directly to the consumer. This includes uses such as art galleries, appliance stores, bakeries, bookstores, clothing stores, food stores, grocers, caterers, pharmacies, florists, furniture stores, hardware stores, liquor stores, pet stores, toy stores, and variety stores. This use type shall not include restaurants, personal service establishments, convenience stores, or amusement establishments.

Geologic hazards. Unstable or potentially unstable slopes, faulting, landslides, rock falls, flood, wildfire or similar naturally occurring dangerous features or soil conditions or natural features unfavorable to development.

Golf course. A tract of land laid out with a course having nine (9) or more holes for playing the game of golf, including any accessory clubhouse, driving range, office, restaurant, concession stand, picnic tables, pro shop, maintenance building, restroom facility, or similar accessory use or structure. This term shall not include miniature golf courses as a principal or accessory use, nor shall it include driving ranges that are not accessory to a golf course.

Golf driving range or putting course. A sports facility equipped with tee areas, distance markers, and related features for practicing golf and which may include a pro shop, snack bar, but excludes miniature golf courses.

Governmental office. A building occupied by a governmental agency that provides direct services to the public such as employment, public assistance, motor vehicle licensing and registration, and similar activities.

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

Greenhouse. A building or structure used for the growing of plants.

Group home, large. A group home for nine (9) or more persons who do not live in a family, according to Section 16.11.3, Family, and who meet this Code's definition of a group living use, according to Section 16.11.3, Group Living.

Group home, small. A group home for eight (8) or fewer persons who do not live in a family, according to Section 16.11.3, Family, and who do meet this Code's definition of a group living use, according to Section 16.11.3, Group Living.

Group home, state-licensed. A group home for eight (8) or fewer persons who do not live in a family, according to Section 16.11.3, Family, but do meet this Code's definition of group living, according to Section 16.11.3, Group Living, that either:

1.

Qualify and receive licensure as a "community residential home" for the exclusive use of persons with intellectual and developmental disabilities pursuant to C.R.S. §§ 25.5-10-202 and 31-23-303(2)(a), as amended;

2.

Qualify and receive licensure as a "group home for the aged" pursuant to C.R.S. § 31-23-303(2)(b)(II), as amended;

3.

Qualify and receive licensure as a "group home for persons with behavior or mental health disorders" pursuant to C.R.S. §§ 27-65-102 and 31-23-303(2)(b.5), as amended; or

4.

Qualify and receive certification as a "recovery residence" pursuant to C.R.S. §§ 27-80-129 and 31-23-303(2)(b.5), as amended.

Group living. This category is characterized by residential occupancy of a structure by a group of people who do not meet the definition of "household living." Tenancy is arranged on a monthly or longer basis, and the size of the group may be larger than a family. Generally, group living structures have a common eating area for residents. The residents may receive care, training, or treatment, and caregivers may or may not also reside at the site. Accessory uses commonly include recreational facilities and vehicle parking for occupants and staff. Specific use types include, but are not limited to: dormitory; group home, residential; group home, large; or group home, small.

Hazardous materials. Those chemicals or substances which are physical or health hazards as defined and classified in the Fire and Building Codes. Hazardous materials categories include explosives and blasting agents, compressed gases, flammable and combustible liquids, flammable solids, organic peroxides, oxidizers, pyrophoric materials, unstable (reactive) materials, water-reactive solids and liquids, cryogenic fluids, highly toxic and toxic materials, radioactive materials, corrosives, carcinogens, irritants, sensitizers and other health hazards. Each category is defined separately in the Fire and Building Codes in accordance with the Code of Federal Regulations Title 29 and other nationally recognized standards.

Hazardous materials handling and transfer facility. A facility for the treatment, storage, transfer or disposal of hazardous materials.

Heavy equipment sales, service, and rental. A facility that is engaged in the sales, repair or rental of heavy equipment including, but not limited to, tractors, semi-trucks or trailers, harvesters, loaders and all tracked vehicles.

Heavy manufacturing, general. The assembly, fabrication, or processing of goods and materials using processes that ordinarily have greater than average impacts on the environment; or that ordinarily have significant impacts on the use and enjoyment of other properties in terms of noise, smoke, fumes, odors, glare, or health or safety hazards; or that otherwise do not constitute "light manufacturing," or any use where the area occupied by outdoor storage of goods and materials used in the assembly, fabrication, or processing exceeds twenty-five (25) percent of the floor area of all buildings on the lot. Examples include, but are not limited to: battery manufacture, bottling works, production of dairy products, foundry casting, concrete batching, and plastic products manufacturing.

Hedge. A fence or boundary formed by a dense row of shrubs or low trees.

Height. See building height.

Heliport. Any landing area used by helicopters which, in addition, includes all necessary passenger and cargo facilities, maintenance and overhaul, fueling, service, storage, tie down areas, hangars, and other necessary buildings and open spaces.

Helistop. Any landing area used for the landing and taking off of helicopters for the purpose of picking up or discharging of passengers or cargo without fueling, refueling, or service facilities.

Historic structure. Any structure that is:

a.

Listed individually in the National Register of Historic Places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register;

b.

Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

c.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of interior; or

d.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

i.

By an approved state program as determined by the secretary of the interior; or

ii.

Directly by the secretary of the interior in states without approved programs.

Home occupation. An occupation or activity which is clearly incidental and secondary to use of the premises as a dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.

HOA/Metro District Facility. A building, structure, or facility available for recreational clubs and activities. Such uses commonly include gathering areas, tennis courts, swimming pools, restaurants for members and guests only, and gymnasiums. Such uses may be either public or private, but typically are intended only for the residents and guests of a particular residential development or neighborhood and typically owned and or operated by a Homeowners Association or Metropolitan District.

Homeowners' association (HOA). An incorporated, nonprofit organization operating under recorded land agreements through which:

a.

Each lot or homeowner in a planned unit development or other described land area is automatically a member;

b.

Each lot is automatically subject to charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and

c.

Such charge, if unpaid, becomes a lien against the property.

Horse stables. Any area wherein a horse, mule, llama or donkey is maintained for either public commercial hire or private non-commercial recreation.

Hospital. An institution providing health services primarily for human inpatient medical or surgical care including trauma centers for the sick or injured and including related facilities such as laboratories, outpatient departments, training and central services facilities and staff offices.

Hotel or motel. A building or a group of buildings primarily containing guest rooms for sleeping purposes, but also including accessory dining areas, meeting rooms, and recreational facilities. A motel is typically arranged so that individual guest rooms are directly accessible from an automobile parking area.

Household living. This use category is characterized by residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis (lodging where tenancy may be arranged for a period of less than thirty (30) days is classified under the "public accommodation" category). Common accessory uses include recreational activities, raising of pets, gardens, personal storage buildings, hobbies, and parking of the occupants' vehicles. Home occupations and accessory dwelling units are accessory uses that are subject to additional regulations (see Section 16.2.3, Accessory uses and structures). Specific use types include, but are not limited to: dwelling, duplex; dwelling, live/work; dwelling, mobile home; dwelling, multi-family; dwelling, single-family attached; dwelling, single-family detached; mobile home park; or model home.

Human health services. Human health services uses are characterized by activities focusing on medical services, particularly licensed public or private institutions that provide primary health services and medical or surgical care to persons suffering from illness, disease, injury, deformity, or other physical or mental conditions. Accessory uses may include laboratories, outpatient, or training facilities, and parking, or other amenities primarily for the use of employees in the firm or building. Specific use types include, but are not limited to: dental or medical office, clinic, or laboratory; hospital/ substance abuse treatment facility, outpatient; or urgent care facility.

Human scale. The proportional relationship of a particular building, structure, or streetscape element to the human form and function. "Human scale" often refers to the subjective objective that the relationship between a person and his natural or man-made environment should be comfortable, intimate, and contribute to the individual's sense of accessibility.

Improvement. Any man-made, immovable item which becomes part of, is placed upon or is affixed to real estate.

Industrial, heavy. A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

Industrial, light. A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

Industrial service. Industrial service firms are engaged in the repair or servicing of agricultural, industrial, business, or consumer machinery, equipment, products, or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and similar uses perform services off-site. Few customers come to the site. Accessory activities may include sales, offices, parking, and storage. Specific use types include, but are not limited to: building materials and lumber sales; contractor's shop or storage yard; heavy equipment sales, service, and rental; industrial, heavy; industrial, light; light equipment sales, service; or research and development facility.

Infill development. The development of vacant or partially developed parcels which are surrounded by or in close proximity to areas that are substantially or fully developed.

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

Inhabitant. A person who dwells and is domiciled in a place, as distinguished from a transient lodger or visitor.

Irrigation ditch or lateral. A channel designed to transport irrigation water.

Junk or salvage. Used machinery, scrap, iron, steel, other ferrous and nonferrous metals, tools, implements or portions thereof, glass, plastic, cordage, building materials, or other waste that has been abandoned from its original use and may be used again in its present or in a new form.

Junkyard. Used machinery, scrap, iron, steel, other ferrous and nonferrous metals, tools, implements or portions thereof, glass, plastic, cordage, building materials, or other waste that has been abandoned from its original use and may be used again in its present or in a new form.

Keeping of large animals. Areas, buildings, or structures secondary to a principal residential use for the boarding of horses, mules, llamas or donkeys for the private, non-commercial benefit of the property owners.

Kennel. An establishment where domesticated animals are kept, sold, boarded, bred, groomed, or trained, typically with fenced or enclosed spaces, areas, or runs for individual animals. Kennels may be indoor only, or indoor/outdoor, depending on the zone district in which they are located; see Table 3-1.

Landscape buffer. An area of landscaping separating two (2) distinct land uses, or a land use and a public right-of-way, and acts to soften or mitigate the effects of one land use on the other.

Landscaping. The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment may also include the use of logs, rocks, fountains, water features and contouring of the earth.

Levee. A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Levee system. A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Level of service. An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on, and related to, the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility.

Library. A permanent facility for storing and loaning books, periodicals, reference materials, audio tapes, video tapes, and other similar media to Town residents. A library may also include meeting rooms, offices for library personnel, and similar support facilities.

Light equipment sales, service. A facility that is engaged in the sales, repair or rental of light equipment including.

Light manufacturing, general. The assembly, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place, where such processes are housed entirely within a building; or where the area occupied by outdoor storage of goods and materials used in the assembly, fabrication, or processing does not exceed twenty-five (25) percent of the floor area of all buildings on the lot. Examples include, but are not limited to: book bindery, frozen foods locker, and electronics assembly.

Light source. Includes neon, fluorescent or similar tube lighting, the incandescent bulb (including the light producing elements therein) and any reflecting surface that, because of its construction or placement, becomes in effect the light source.

Limited solid material fence. All fences, which have fifty (50) percent or less solid material will be considered "limited solid material fences". Example: rail fences or split rail fences.

Live-work unit. A dwelling unit combining a residential use with a non-residential use permitted in the zone district in which the dwelling unit is located with at least one (1) person residing in the residential dwelling unit being employed on the premises.

Loading berth. An off-street space where an automotive vehicle can be parked for loading or unloading.

Lodging establishment. See hotel/motel.

Logo. A graphic symbol or emblem which conveys a recognizable meaning, which symbol or emblem may include script (words) provided that such script is contained entirely within the boundaries of the symbol or emblem; and script alone, or outside of the boundaries of the symbol or emblem, whether registered as a trademark or not, is not included within the meaning of the term logo.

Lot. A designated parcel, tract, or area of land established by a plat or other means as permitted by law, which is to be used, developed, or built upon.

Lot, corner. A lot bound by two (2) streets which intersect, with possible access to either or both streets.

Lot, double frontage. A lot in which both the front lot line and rear lot line abut a street or other right-a-way.

Lot, flag. A lot for which a street is accessed by an extended driveway, often shared with an adjacent lot, such that conceptually the driveway appears to be a flagpole, and the lot the flag.

Lot, interior. A lot other than a corner lot.

Lot, triple frontage. A lot which is bounded on three (3) sides by a street, thereby presenting a possible access point to the lot from any one of those streets.

Lot area. The total area, measured on a horizontal plane, included within lot lines.

Lot area per dwelling unit. The number of square feet of lot area required per dwelling unit.

Lot coverage. The amount (percent) of impervious coverage, including the surface parking and the building footprint.

Lot depth. The average horizontal distance between front and rear lot lines.

Lot line, front. The property line dividing a lot from the right-of-way of the street. For a corner lot, the shortest street right-of-way line shall be considered as the front line. For a corner lot, double frontage lot or other questionable situations, the front lot line shall be established by the Director based upon architectural character of nearby properties, access and other appropriate considerations.

Lot line, rear. The property line opposite the front lot line.

Lot line, side. Any lot line other than a front or rear lot line.

Lot size. The amount of horizontal (plan view) land area within lot lines.

Lot width. The distance on a horizontal plane between the side lot lines of a lot, measured at right angles to the line establishing the lot depth at the established building setback line.

Lowest floor. The lowest floor of the lowest enclosed area (including basement or crawlspace). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.

Manor home. A building having accommodations for three (3) or more families living independently of each other that is designed to look like a large single-family home.

Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.

Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Manufacturing and production. This use category includes firms involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, constructed, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Custom industry is included (i.e., establishments primarily engaged in the on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment). Goods are generally not displayed or sold on-site, but if so, such activity is a subordinate part of sales. Relatively few customers come to the manufacturing site. Accessory activities may include retail sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and caretaker's quarters. Specific use types include, but are not limited to: heavy manufacturing, general; light manufacturing, general; or mining and mineral extraction.

Maximum extent reasonably feasible or practicable. No feasible or practicable and prudent alternative exists, and all possible efforts to comply with the regulation or minimize potential harm or adverse impacts have been undertaken.

Mean sea level. For purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

Minimum lot area. The total area within the property lines of the lot, excluding adjacent rights-of-way.

Mining and mineral extraction. The extraction of minerals, including solids like coal and other ores, from their natural occurrences on affected land.

Mini-warehouse/self storage. A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of customers' goods or wares.

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

Mobile food vendor. A readily movable, motorized wheeled vehicle, or a towed wheeled vehicle, designed and equipped to serve food. Examples include food trucks, pushcarts, ice cream trucks, hot dog stands, and similar operations.

Mobile home. A transportable, single-family dwelling unit built on a permanent chassis with attached undercarriage consisting of springs, axles, wheels and hubs, and which is suitable for year-round occupancy and contains the same water supply, waste disposal and electrical conveniences as immobile housing. A mobile home is designed to be transported on streets to the place where it is to be occupied as a dwelling unit and may or may not be attached to a permanent foundation.

Mobile home park. A residential development that consists of mobile homes that are transported to the park site.

Model home. A dwelling unit temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental in a particular subdivision or other residential development approved by the Town. Model homes may also incorporate sales or rental offices for dwelling units within the development.

Mulch. Any organic material such as leaves, bark, wood chips, straw, or inorganic material such as crushed stone or gravel, or other materials left loose and applied to the soil surface for the beneficial purpose of reducing evaporation.

Museum. A permanent facility for the collection and public display of artwork including, but not limited to, paintings, sculpture, textiles, and antiquities. Support facilities include office space, restoration facilities, parking and storage areas.

Native vegetation. Any plant identified in the Firestone Native Plants list: Plant Characteristics and Wildlife Value of Commercial Species, prepared by the Town's Natural Resources Department, updated February 2003 and as amended.

New construction. For the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the town.

Night club. An establishment that stays open late at night and typically serves food and liquor, and provides music and space for patrons to dance.

Non-concealed building-mounted antennae and towers. Any tower, pole, or similar structure attached to a building that supports telecommunications antennae.

Non-concealed freestanding towers. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennae, including guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like.

Nonconforming building. A building or portion thereof legally built prior to the effective date of this FDC or any amendment thereto, which does not conform with the regulations of the district in which it is located.

Nonconforming structure. A structure which was lawful and nonconforming under prior law on the day before the effective date of this FDC or subsequent amendment thereof.

Nonconforming use. Either a use which was lawful and nonconforming under prior law on the day before the effective date of this FDC or subsequent amendment thereof, or with respect to lands newly annexed, a use which was lawful immediately before annexation but which does not conform to the use regulations for the zone district in which such use is located either at the time of annexation or as the result of subsequent amendments to this FDC.

Nonconformities. A nonconforming use, structure or building.

Office. Office uses are characterized by activities generally focusing on business, professional, insurance, or financial services. Accessory uses may include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building. Specific use types include, but are not limited to: office, business or professional; or recording or broadcasting studio.

Office, business or professional. The office of an engineer, dentist, doctor, attorney, real estate broker, insurance broker, architect or other similar professional persons; and any office used primarily for accounting, correspondence, research, editing, or administration.

Off-street loading space. A space located outside of a public street or alley for the discharge of passengers, or a space directly accessible to the building it serves for bulk pickups and deliveries by delivery vehicles.

Off-street parking area. Any parking area located wholly within the limits of one or more lots.

Off-street parking space. The space required to park a passenger vehicle which is not located on the street.

Oil and gas well. A well, the principal production of which at the mouth of the well is either oil or gas.

Oil and gas well, production facilities. All storage, separation, treating, dehydration, artificial lift, power supply, compression, pumping, metering, monitoring, flowline, and other equipment directly associated with oil wells, gas wells, or injection wells.

Oil and gas well flowlines. Those segments of pipe from the wellhead downstream through the production facilities ending at:

a.

In the case of gas lines, the gas metering equipment, or

b.

In the case of oil lines, the oil loading point or LACT unit, or

c.

In the case of water lines, the water loading point, the point of discharge to a pit, or the injection well head.

Oil and gas well gathering lines. A pipeline and equipment that transports gas from a production facility (ordinarily commencing downstream of the final production separator at the inlet flange of the custody transfer meter) to a natural gas processing plant or transmission line or main. The term "gathering line" includes valves, metering equipment, communication equipment, cathodic protection facilities, and pig launchers and receivers, but does not include dehydrators, treaters, tanks, separators, or compressors located downstream of the final production facilities and upstream of the natural gas processing plants, transmission lines, or main lines.

Oil and gas well pipelines. Flowlines and gathering lines for oil and gas wells.

Old Town. An area in the Town of Firestone with the following boundary: Grant Avenue on the north, Fourth Street on the east, McClure Avenue on the south, and Colorado Boulevard on the west.

Open space. An area that is not developable due to environmental constraints or on which development has been limited for aesthetic, environmental, or recreational purposes.

Orient. To bring in relation to, or adjust to, the surroundings, situation or environment; to place with the most important parts facing in certain directions; to set or arrange in a determinate position: to orient a building.

Outdoor amphitheater. An outdoor theater, amphitheater or similar structure operated by the Town or other unit of government.

Outdoor display and sales. Outdoor display of goods or materials for sale, accessory to a commercial principal use. Merchandise may be directly available to the consumer for purchase.

Outdoor recreational vehicle storage. An unroofed, controlled access, fenced area designated for the keeping of recreational vehicles including but not limited to motorized homes, travel trailers, boats, campers, and the associated devices utilized to convey said vehicles.

Outdoor storage. Outdoor storage, but not display for sale, of goods or materials accessory to a commercial principal use. Merchandise shall not be directly available to the consumer without the assistance of an employee.

Owner. Any person whose name appears on the tax bill for the property or who, alone or jointly or severally with others, has legal title to any dwelling unit, with or without actual possession thereof, or has charge, care or control of any dwelling unit as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or assignee of rents. Owner shall not include any person, group of persons, company, association or corporation who holds only a security interest or easement on the rental property upon which the dwelling unit is situated.

Park. An area open to the general public and reserved for recreational, educational or scenic purposes.

Park and open space. Park and open space uses focus on natural areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures. Accessory uses may include clubhouses, playgrounds, maintenance facilities, concessions, caretaker's quarters, and parking. Specific use types include, but are not limited to: athletic fields and courts; community garden; open space; outdoor amphitheater, public; or park.

Parking area, shared assemblage. A parking lot that is constructed on two (2) or more separate but adjacent properties designed for joint use by the businesses or residents of the properties.

Parking lot. An area, not within a building, where, as a principal use, motor vehicles may be parked for purposes of daily or overnight off-street parking.

Parking space. A rectangular area not less than nine (9) feet wide by eighteen (18) feet deep, along with maneuvering and access space necessary to park within the rectangle.

Parking structure. A structure or facility where, as a principal use, motor vehicles may be stored for purposes of temporary, daily, or overnight, off-street parking. The facility may be above, below, or partially below ground. Includes parking garages and parking decks.

Paved patio or terrace. A relatively flat area, that is at ground level, adjacent to a building that is covered in a paving surface.

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

Permit. A document issued by the Town of Firestone, Colorado, granting permission to perform an act or service which is regulated by the Town.

Permitted use. A use permitted by right, without special conditions other than those imposed upon other uses by right in the district.

Personal service establishment. A business that provides individual services related to personal needs directly to customers at the site of the business, or that receives goods from or returns goods to the customer, which have been treated or processed at that location or another location. This includes travel agencies, dry cleaning pick-up and drop-off, laundries, tailors, hair stylists, cosmeticians, toning or tanning salons, photocopy centers, shoe repair shops, and interior design studios. This shall not include gas stations, service stations, commercial indoor/outdoor recreation uses, dry cleaning plants or massage therapy establishments.

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

Plat, final. A map of land hereon described and prepared as an instrument for recording with the County Clerk which depicts the boundaries of real estate interests.

Plat, preliminary. The preliminary map or maps of a proposed subdivision, drawn and submitted in accordance with the requirements of these regulations.

Playhouse. An accessory structure for the use of children with a maximum height of twelve (12) feet and an area not to exceed one hundred twenty (120) square feet.

Porch. A roofed platform that is enclosed only by a parapet or railing, and which is attached to the principal structure.

Pre-application conference. An informal conference with staff at which a map or maps of a proposed subdivision along with supporting materials are presented, prepared by the applicant in accordance with the requirements of the regulations, to evaluate feasibility and design characteristics at an early stage in the subdivision process.

Premises. A general term which means part or all of any lot, parcel or tract, or part or all of any building or structure or group of buildings or structures located thereon.

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

Private utility. Any utility other than a municipally owned and operated utility, including telephone, electric and gas utilities, and other privately owned and operated utilities.

Produce stand. A structure or area devoted to the small scale retail or wholesale sales of agricultural goods or products which have been grown on the same site or property as the stand.

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

Public facilities. Mean transportation systems or facilities, parks and recreation or natural area program systems or facilities, water systems or facilities, wastewater systems or facilities, storm drainage systems or facilities, fire, police and emergency systems or facilities, electric utilities, gas utilities, cable facilities or other public utilities.

Public Hearing. A meeting called by a public body for which public notice has been given and which is held in a place at which the general public may attend to hear issues and to express their opinions.

Public improvements. Public or privately owned infrastructure within public land or dedicated rights-of-way or easements.

Public safety station. A use designed to protect public safety and provide emergency response services, often located in or near the area where the service is provided. Employees are regularly present on-site. Accessory uses include offices and parking. Examples include fire stations, police stations, and emergency medical and ambulance stations. public safety station does not include private emergency rooms, hospitals, or urgent cares.

Public use. Any use intended to be conducted in a facility or upon land which is owned by and operated for public use by school districts or by town, county, state or federal governments.

Public utility services. Equipment, structures and activities related to the provision of public utility services including, but not limited to, water, waste water, stormwater, gas, electrical, wire communication services, including poles, antennas, transmitters, wires, mains, hydrants, drains, pipes, conduits and cables; equipment structures and activities related to the provision of transportation, police and fire protection services, including, but not limited to, traffic control signals and signs, street lights, fire-alarm and assistance call boxes; and other similar equipment, structures and activities in connection therewith which are reasonably necessary for the furnishing of adequate service by such governmental or public utilities for the public health, safety, and general welfare. Facilities for the treatment, production, generation and administration, operation and maintenance of such services, and facilities for wireless communications, are not included in this definition.

Public works facility. Town owned facility used for administration, operation, storage or maintenance services related to the transportation, parks, open space and recreation infrastructure of the Town. Maintenance or storage facilities that are accessory to parks and opens space are not included in this definition.

Quarters for caretaker/guard. An accessory dwelling on a non-residential property occupied by the person who oversees or guards the operation.

Racetrack. A measured course where animals or machines are entered in competition against one another or against time, including tracks used only in the training of animals.

Recreational vehicle. A vehicular unit other than a mobile home, which is designed as a temporary dwelling unit for travel, recreational and vacation use, and which is either self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer or van.

Recreational vehicle park. A parcel of land providing space and facilities for motor homes or other recreational vehicles for recreational use or transient lodging.

Recreation and entertainment, indoor. Indoor Recreation and Entertainment uses provide recreation or entertainment activities within an enclosed environment. Accessory uses may include concessions, snack bars, parking, and maintenance facilities. Specific use types include, but are not limited to: Adult Amusement or Entertainment; Commercial Amusement, Indoor; Shooting Range, Indoor; or Sports Arena.

Recreation and entertainment, outdoor. Outdoor recreation and entertainment uses provide recreation or entertainment activities outside of an enclosed environment. Accessory uses may include concessions, snack bars, parking, and maintenance facilities. Specific use types include, but are not limited to: amusement park; campground; general outdoor recreation, commercial; golf course; golf driving range or putting course; racetrack; recreational vehicle park; shooting range, outdoor.

Recreation center. A facility primarily featuring equipment for exercise and other active physical fitness conditioning or recreational sports activities, such as swimming, skating, racquet sports, aerobic dance, gymnasium facilities, yoga, and other kinds of sports and fitness facilities.

Recycling center. A facility in which recoverable resources such as newspapers, glassware, plastics, and metal cans are recycled, reprocessed, and treated to return such products to a condition in which they can again be used for production. This facility is not a junkyard or salvage yard.

Recycling collection point. A center or collection point with containers or facilities designed and intended for the depositing of clean, separated, and recyclable paper, cardboard, metal, glass, plastic or other recyclable materials and the collection of such materials for processing at another location, but itself having no mechanical facilities for the processing of such materials.

Redevelopment. The intensification of use of existing underutilized buildings or development sites, building rehabilitation, or removal or demolition of existing buildings, followed promptly by construction of replacement buildings.

Religious assembly. Religious Assembly facilities are used primarily for non-profit purposes to provide assembly and meeting areas for religious activities. Accessory uses include parking, caretaker's housing, buildings ancillary to a religious function, pastor's housing, and group living facilities such as convents. Examples include churches, temples, synagogues, and mosques. Accessory uses do not include schools, which shall require approval as a separate primary use.

Repair shop. The maintenance and rehabilitation of appliances customarily used in the home including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners, and hair dryers.

Research and development facility. Research, development, and testing laboratories that do not involve the mass manufacture, fabrication, processing, or sale of products.

Reservation. An agreement between parties which obligates a property owner to keep property free from development for a stated period of time.

Residential development parcel. Encompassing an entire development property zoned for residential uses in its configuration before subdivision.

Restaurant. An area or structure in which the principal use is the preparation or sale of food and beverages. Operations may or may not include outdoor seating areas or outdoor food service, depending on the zone district in which they are located; see Table 3-1.

Restaurant, with drive-through or up service. An eating/drinking establishment in which the principal business is the sale of foods or beverages to the customer in a ready-to-consume state and in which the design or method of operation of all or any portion of the business allows food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle.

Restaurant, with outdoor seating. A restaurant with tables on the sidewalk in front or on the sides of the premises.

Retail sales and service. Retail sales firms are involved in the sale, lease or rent of new or used products to the general public. No outdoor display is permitted unless specifically authorized by this FDC. Accessory uses may include offices, parking, storage of goods, and assembly, repackaging, or repair of goods for on-site sale. Specific use types include, but are not limited to: convenience store; farm market; funeral parlor or mortuary; general retail; personal service establishment; repair shop; or shopping center.

Right-of-way. That portion of land dedicated to public use of a street, path, street trees, and /or utility purposes.

Roof. The cover of any building, including the eaves and similar projections.

Roofline. The point on any building where an exterior wall or any parapet wall encloses usable floor space, including floor area for housing mechanical equipment.

Sanitary landfill. A discrete area of land or an excavation for which the final disposal of solid waste employs a method to obtain the most dense volume practicable of the waste and covering with earth or other suitable material. A sanitary landfill may receive household waste, community waste, municipal solid waste, commercial waste, and industrial waste.

School, private. An school under the sponsorship of a private or religious agency, having a curriculum generally equivalent to public elementary or secondary schools, not including vocational schools.

School, public. A school under the sponsorship of a Colorado accredited school district. School, public includes charter schools but does not include school, vocational.

School, vocational. An establishment, other than public or parochial schools, private primary or secondary schools, or colleges and universities, offering training or instruction in a trade, art, or occupation, including but not limited to, beauty schools, dance schools, and trade schools.

Service station. Any premises where gasoline and other petroleum products are sold or light maintenance activities such as engine tune-ups, emissions testing, lubrication, minor repairs, and carburetor cleaning are conducted. Accessory activities may include automatic car wash and convenience items sales. Service stations shall not include premises where heavy motor vehicle maintenance activities such as engine overhauls, motor vehicle painting, and body fender work are conducted. Fuel dispensing may be performed by an employee of the establishment (full-service) or by the customer (self-service).

Setback. A required area on the same lot or tract with a principal use that provides for light, air, building separation, and access for emergency personnel and equipment. A setback shall be unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this FDC. The depth of a setback is measured at right angles to the relevant property line.

Setback, front. A setback that extends across the full frontage of a lot or tract on a public or private street. The front setback is defined by the front property line.

a.

In the case of rounded property corners at street intersections, the front setback is measured as if the corner is not rounded and the front and street side property lines are extrapolated to intersect.

b.

For cul-de-sac lots and lots abutting a curved street, the front setback follows the curve of the front property line.

i.

The minimum lot width requirement shall be met at the front setback line.

ii.

In no event shall the front lot line be less than thirty-five (35) feet in width.

c.

In the case of flag lots, a front setback extends across the entire flag portion of the lot and includes the flagpole portion of the lot.

d.

In the case of a corner lot, through lot, or three-sided lot, there will be no rear setbacks, but only front and side setbacks.

Setback, rear. A setback that extends across the full rear of a lot or tract. The rear setback is defined by the rear property line.

Setback, side. Any setback that is not a front or rear setback. Generally, side setbacks extend from the inner boundary of the front setback (or from the front property line of the lot or tract where no front setback is required) to the inner boundary of the rear setback (or to the rear property line of the lot or tract where no rear setback is required.) For corner and through lots, setbacks remaining after front setbacks have been established shall be considered side yards.

Sexually oriented business. Amusement entertainment that is distinguished or characterized by an emphasis on material depicting, describing or relating to specified sexual activities or specified anatomical areas. Uses shall include, but shall not be limited to, the following: adult bookstore, adult photo studio, and adult theater.

Shared parking. A public or private parking area used jointly by two (2) or more users or uses to fulfill their individual parking requirements.

Shed. An accessory building of not more than two hundred (200) square feet in floor area and not more than twelve (12) feet in height.

Shooting range, indoor. A soundproof, enclosed building or part thereof, wherein firearms are shot at targets under strict rules of conduct and safety.

Shooting range, outdoor. An outdoor facility wherein firearms are shot at targets under strict rules of conduct and safety.

Shopping center. A retail shopping area in excess of thirty (30) acres (divided by no interior public streets) containing at least one major retail store of over one hundred thousand (100,000) square feet of gross leasable area and additional retail area.

Sidewalk. An improved pedestrian surface that is typically located adjacent to a street.

Sight distance triangle. The area required to be clear of obstructions at the intersections of streets, highways, railroads, alleys and driveways. See the Town of Firestone Standards and Specifications for Design and Construction of Public Improvements.

Sign. Any name, object, device, identification, image, flag, banner, character, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land designed to attract attention to an object, product, place, activity, facility, service, event, person, institution, business or organization used as a means of identification, advertisement or announcement and which is visible from any street, right-of-way, sidewalk, park or other public property.

Sign, animated. Any sign or part of a sign that changes physical position or light intensity by any movement, rotation, illumination or other means, or that gives the visual impression of movement, illumination or rotation.

Sign, awning. A wall sign painted, printed, attached, or otherwise applied to any facet or support structure of an awning. Awnings are completely supported by their attachment to a wall and do not include posts, legs or pillars to support themselves directly on the ground.

Sign, banner. Any sign constructed of cloth, canvas, light fabric, other light, non-rigid material with no enclosing framework, other than a flag sign or canopy sign.

Sign cabinet. That portion of a sign's structure containing any advertising display.

Sign, canopy. A wall sign, which is painted, printed, attached, or otherwise applied to any facet or support structure of a canopy. Canopies are comprised of a frame system that can be moveable, retractable or fixed, covered with rigid or non-rigid material, attached and projecting from a building or structure, supported by posts, legs or pillars that have direct contact with the ground. The canopy and structure do not constitute the sign face.

Sign copy. The graphic content of a sign in either permanent or removable words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.

Sign, development identification. A freestanding sign which, by means of symbols or text, identifies a non-residential development, shopping center, commercial/business/office/industrial park, or other development that may contain a mixture of uses.

Sign, dissolve. A mode of message transition on an Electronic Message Display accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message.

Sign, double-faced. A sign with two (2) identically sized faces placed back-to-back that are the same dimensions on both sides.

Sign, Electronic Message Display (EMD). A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means and may consist of either a ground or wall sign for purposes of height and area limitations.

Sign face. The area or display surface used for the graphic message.

Sign, fade. A mode of message transition on an Electronic Message Display accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.

Sign, freestanding. A ground mounted sign that is placed on a solid base and independent of a building.

Sign, government. Any sign authorized, erected and maintained by any federal, state, county or local governmental entity, which includes but is not limited to, signs used to, control or direct, traffic, regulate parking such as accessibility for the disabled and emergency access or to identify streets or warn of delays or dangers, or temporary signs used in conjunction with traffic control, and other signs that any federal, state, county or local governmental entity displays, requires, or licenses to be displayed upon property that said entities own or control.

Sign, hanging. A wall sign suspended from the ceiling of an arcade, marquee or canopy, or from a bracket structure that is attached to the wall of a building.

Sign height. The vertical distance measured from the elevation of the average grade within twenty-five (25) feet of the sign or of the elevation of nearest sidewalk on or adjacent to the parcel to the uppermost point of the sign or its structure (whichever is greater).

Sign, interior. A sign placed within a building that is not visible from the exterior of the building, the public rights of way, abutting property, or property located at a higher elevation than the building in which the sign is displayed.

Sign, maintenance. The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the approved signage.

Sign, memorial. Memorial or commemorative plaques or tablets cut into the masonry of a building or inlaid or permanently affixed to become part of the building.

Sign, mural. A painting, illustration or decoration applied to the exterior wall of a building.

Sign, permanent. A type of sign not limited as to the time it can be erected or displayed.

Sign, projecting. A sign that is wholly or partly dependent upon a building for support and which projects horizontally more than twelve (12) inches from such building or wall.

Sign, required. A sign that is required by applicable building or electrical codes or health and safety regulations; or to comply with other laws or regulations.

Sign, temporary. A sign constructed of either rigid or non-rigid material, and physically attached to, or freestanding on, the ground or any improvement thereon, and designed or intended to be used for a limited period of time.

Sign, vehicle. Any vehicle or trailer, so as to be visible from public rights-of-way, that has attached thereto or placed thereon any sign for the purpose of providing advertisement of products or services, or directing people to a business or activity. This definition applies only where the primary purpose of a vehicle is for advertising purposes and is not intended to prohibit signs located on motor vehicles or trailers primarily used for normal business activity and purposes. Such business activity vehicles and trailers shall conform to the fleet, outdoor storage, and other applicable requirements of this FDC.

Sign, wall. A sign permanently fastened to, painted on, or erected against a wall of a building or structure in such a manner that the wall is the supporting structure for the sign and which does not project more than twelve (12) inches from such building or structure. Wall signs include, for example, awning signs, canopy signs, hanging signs, projecting signs, and window signs.

Sign, window. Any sign attached to or painted on glass surfaces, windows or doors and intended to be viewed from the exterior of the premises.

Special review use. A use permitted in a zone district only if reviewed and approved as a special use in accordance with the procedures of Section 16.7.13.

Specimen trees. Trees species identified in the Town Standards and Specifications for Design Construction of Public Improvements that meet Subsection 16.6.2.C.6 of this FDC.

Sports arena. An officially designated area for indoor sports or entertainment.

Staff. Any person or persons, whether publicly or privately employed who provides administrative, planning, engineering or other services to or for the Town.

Start of construction. Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Stoop. Platform or stairs in front of a door.

Story. See height.

Street. Any street, avenue, boulevard, road, lane, parkway, viaduct, alley, or other way for the movement of vehicular traffic which is an existing state, county or municipal roadway, or a street or way shown upon a plat, heretofore or hereafter dedicated and which includes the land between right-of-way lines, whether improved or unimproved, and may be comprised of pavement, shoulders, gutters, sidewalks, parking areas and other areas within the right-of-way.

Street, private. A right-of-way or easement of private ownership not dedicated or maintained as a public street, which affords the principal means of access to two (2) or more sites.

Street tree. A tree typically planted along public or private streets and drives to provide shade to reduce heating of pavements, and to provide spatial definition and visual enhancement.

Structurally altered. Changes which increase, extend, or enlarge the building or convert the existing building into a different structure or affect the form or character of an existing building or structural quality.

Structure. A walled and roofed building or manufactured home that is principally aboveground.

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

Subdivision. The division of a lot, tract, or parcel of land into two (2) or more lots, tracts, or parcels. It includes resubdivisions and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided:

Subdivision (major). All types of subdivisions except those meeting the definition of minor subdivision, lot line adjustments, and non-residential subdivisions.

Subdivision (lot line adjustment). A consolidation of two (2) or more, but not more than six (6), previously platted lots for the purpose of creating a single lot; the division of a single previously platted lot into two (2) lots; or the relocation of a property line between two (2) adjoining lots.

Subdivision (minor). The division of land, other than lot line adjustments, which creates six (6) or fewer lots.

Subdivision (non-residential). Any subdivision that is entirely for non-residential uses.

Substance abuse treatment facility, outpatient. Structures and land used for the treatment of alcohol or other drug abuse where neither meals nor lodging is provided.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. This term does not, however, include either:

a.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

b.

Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure".

Swimming pool. Any structure intended for swimming or recreational bathing that contains water over twenty-four (24) inches deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas.

Tenant frontage. The horizontal, linear dimension of that side of a building in which a tenant occupancy abuts a street, private drive, parking areas or pedestrian plazas.

Telecommunication facilities. Telecommunications facilities transmit analog or digital voice or communications information between or among points using electromagnetic signals via antennas, microwave dishes, and similar structures. Supporting equipment includes buildings, shelters, cabinets, towers, electrical equipment, parking areas, and other accessory development. Specific use types include: antenna collocation of existing tower; concealed antennae and towers; non-concealed building-mounted antennae and towers; or non-concealed freestanding towers.

Towing and storage facility. A commercial establishment engaged in towing of vehicles or equipment from one location to another. Such facilities may also include an indoor or outdoor storage component for such vehicles or equipment, but may not include junked, salvage, or permanently inoperable vehicles or equipment.

Town. The Town of Firestone, Colorado.

Town Manager. The administrative official appointed by the Board of Trustees to administer the provisions of the FDC or the person designated by the Town Manager.

Tract. A tract is a legally defined parcel of land on a plat that will not have residential, commercial, or industrial buildings located on them.

Trailer. Any wheeled vehicle, without motive power and having an empty weight of more than two thousand (2,000) pounds, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and which is generally and commonly used to carry and transport property over the public highways.

Transit center. An area utilized by public or commercial carriers for pick-up or drop-off of passengers. In addition to loading and unloading areas, transit centers may include shelters, restrooms, concessions, benches, information offices, ticket sales, landscaping, lighting and other such facilities and appurtenances. Individual bus stops, maintenance and storage facilities are not included in this definition.

Tree lawn. The area between the back of curb and sidewalk, primarily used for planting low groundcover and street trees.

Truck stop. An establishment engaged primarily in the fueling, servicing, repair or parking of tractor trucks or similar heavy commercial vehicles, including the sale of accessories and equipment for such vehicles. A truck stop may also include overnight accommodations, showers or restaurant facilities primarily for the use of truck crews.

Turf. A surface layer of earth containing mowed grass with its roots.

Urgent care facility. A medical center that provides limited emergency medical services that may not require twenty-four-hour care.

Utility facilities. Buildings, structures, or other facilities used or intended to be used by any utility other than telecommunications facilities. This category includes buildings or structures that house or contain facilities for the operation of water, wastewater, waste disposal, or electricity services. This use also includes water storage tanks; electric or gas substations, water or wastewater pumping stations, electric transformer stations; gas regulator stations; telephone exchange buildings; well, water, and underground utility boxes; sewer pumping stations; or similar structures used as an intermediary switching, boosting, distribution, or transfer station of electricity, natural gas, water, or wastewater. This category includes passageways, including easements, for the express purpose of transmitting or transporting electricity, gas, water, sewage, or other similar services on a local level. Additionally, a utility facility means any energy device or system that generates energy from renewable energy resources including solar, hydro, wind, biofuels, wood, geothermal, or similar sources. Accessory uses may include control, monitoring, data, or transmission equipment.

Variance. A legal modification of applicable zone district provisions, such as yard, lot width, yard depth, sign, setback, and off-street parking and loading regulations, granted due to the peculiar conditions existing within a single piece of property.

Vehicle and equipment. Vehicles and equipment uses include a broad range of uses for the maintenance, sale, or rental of motor vehicles and related equipment. Accessory uses may include incidental repair and storage, offices, and sales of parts. Specific use types include, but are not limited to: car wash; service station; towing and storage facility; vehicle sales and rental; vehicle service and repair, heavy; or vehicle service and repair, light.

Vehicle sales and rental. The storage, display, sale, lease, or rental of new or used vehicles, including but not limited to automobiles, vans, motorcycles, light trucks, boats, and trailers. This use shall not include salvage operations or scrap operations.

Vehicle service and repair, heavy. An establishment involved in the major repair and maintenance of automobiles, motorcycles, trucks, vans, trailers, or recreational vehicles. Services include engine, transmission, or differential repair, reconditioning or replacement; bodywork; upholstery work; painting; and associated repairs conducted within a completely enclosed building.

Vehicle service and repair, light. An establishment involved in the minor repair and maintenance of automobiles, motorcycles, trucks, or vans not in excess of ten thousand (10,000) pounds gross vehicle weight. Services include brake, muffler, and tire repair and change; lubrication; tune ups and associated repairs, conducted within a completely enclosed building.

Vested property right. The right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan.

Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance Program regulations is presumed to be in violation until such time as that documentation is provided.

Visitor accommodation. For-profit facilities where lodging, meals, and the like are provided to transient visitors and guests for a defined period. Specific use types include: bed and breakfast; boarding or rooming house; extended-stay lodgings; or hotel or motel.

Warehouse and freight movement. Firms involved in warehouse and freight movement are engaged in the storage or movement of goods for themselves or other firms. 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. Accessory uses may include offices, truck fleet parking, and maintenance areas. Specific use types include, but are not limited to: freight or truck yard; mini-warehouse/self storage; or wholesale distribution center.

Waste and salvage. Waste and salvage firms receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes or uses that manufacture or produce goods or energy from the composting of organic material or processing of scrap or waste material. Waste and salvage uses also include uses that receive hazardous wastes from others. Accessory uses may include recycling of materials, offices, and repackaging and shipment of by-products. Specific use types include, but are not limited to: auto wrecking and salvage yard; hazardous materials handling and transfer facility; junkyard; recycling collection point; recycling center; or sanitary landfill.

Watercourse. A channel, natural depression, slough, artificial channel, gulch, arroyo, stream, creek, pond, reservoir, or lake in which storm runoff and floodwater flows either regularly or infrequently. This includes major drainage ways for carrying urban storm runoff.

Water surface elevation. The height, in relation to the North American Vertical Datum (NAVD) of 1988, or other datum, where specified, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Wholesale distribution center. A permanent facility for the storage of products, supplies, and equipment offered for wholesale distribution (not for direct sale to the general public).

Yard. An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, front. A yard extending across the front lot line between the side lot lines, and being the minimum horizontal distance between the front lot line and the front wall of any building.

Yard, rear. A yard extending across the rear lot line between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building. The rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, side. A yard between the main building and the side-line of the lot, and being the minimum horizontal distance between the building and the side lot line and extending from the front lot line to the rear lot line.

Zero lot line development plan. A development plan where one or more dwelling units (limited to single-family detached or single-family attached dwelling units) are placed on lots in such a manner that at least one of the dwelling units sides rests directly on a lot line, as measured from the outer edge of the dwelling units foundation at the ground line, so as to enhance the usable open space on the lot.

Zone district. A designated area of the Town within which certain zoning regulations and requirements, or various combinations thereof, apply as set forth in this FDC.

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

Zoo. An area, building, or structures that contain wild animals on exhibition for viewing by the public.

(Ord. No. 1022, §§ 13, 14, 12-14-2022; Ord. No. 1003, § 25, 12-8-2021; Ord. 982 §§ 19—21, Att., 2020; Ord. No. 1056, § 3, 12-5-2024)