The purpose of these standards is to ensure potential industrial nuisances are measured factually and objectively; to ensure that all industrial or commercial uses will provide methods to protect the community from hazards and nuisances which can be prevented by control and nuisance elimination; and to protect industries from arbitrary exclusion from the city based solely upon the nuisance production by any particular type of industry.

(Ord. No. 1742, § 1, 1-14-2020)

A.

All industrial and commercial businesses shall comply with the following standards so that such uses do not create any danger to public safety in surrounding areas, do not cause water pollution, and do not create offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences beyond the boundaries of the property in which such uses are located; and shall not be operated in any manner so as to constitute a public nuisance or hazard.

1.

Site development plan. All industrial uses shall be shown on a site development plan submitted to and approved by the zoning administrator.

2.

Vibration. Industrial or commercial operations shall cause no vibration perceptible to a person of ordinary sensory perception and abilities located outside the property boundaries. Temporary construction sites are excluded from this restriction.

3.

Light. Exterior lighting, except for overhead street lighting and warning, emergency or traffic signals, shall be installed in such a manner that the light source will be sufficiently obscured to prevent glare on public streets and walkways or into any residential area. The installation or erection of any lighting, which may be confused with warning signals, emergency signals or traffic signals, is prohibited.

4.

Smoke and particulate matter.

a.

Every use shall be so operated that it does not emit smoke exceeding a density of No. 1 on the Ringleman Chart.

b.

Every use shall be so operated that it does not emit particulate matter exceeding 0.2 grains per cubic foot of flue gas at a stack temperature of 500°F. Monitoring may be required to ensure emissions do not exceed the maximum levels.

c.

Every use which is an existing or potential source of air contamination shall be subject to the approval of the Colorado Department of Health, Air Pollution Control Division.

d.

Emission of heat, glare, radiation and fumes. Every use shall be so operated that it does not emit an obnoxious or dangerous degree of heat, glare, radiation or fumes beyond any boundary line of the property on which the use is located and shall conform to the standards established by the Colorado Department of Health.

5.

Odors. No industrial or commercial use shall emit or allow the emission of odor that is detectible to a person of ordinary sensory perception and abilities outside the property boundaries.

6.

Noise. Every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed 60 decibels with a maximum increase of five decibels permitted for a maximum of 15 minutes in any one hour at any point of any boundary line of the property on which the use is located. This requirement governs noise emissions for purposes of this chapter 17 only, and does not affect or otherwise limit the applicability of chapter 9.36, Disturbing the Peace and Noise, for all other purposes.

7.

Fugitive dust. No industrial or commercial operation shall produce or cause fugitive dust outside of the property boundaries of the use.

8.

Loading and outdoor storage areas. All truck and other loading areas and outdoor storage areas shall be designed and operated to minimize any adverse effects upon traffic and adjacent properties. Loading and outdoor storage areas shall also comply with the requirements in chapter 17.04, Zoning Districts, chapter 17.09, Off-Street Loading, and chapter 17.11, Landscaping, Fencing and Screening.

9.

Industrial and commercial wastes. All industrial and commercial operations shall confine liquid and solid wastes produced in connection with such operation within the property boundaries, and shall further ensure that no such waste leave the property or enter any natural stream course. This shall not apply to the appropriate and proper disposal of liquid and solid waste.

10.

Electromagnetic and microwave radiation. To the extent that the city may regulate pursuant to federal or state law, no electromagnetic or microwave radiation shall be permitted if such radiation causes adverse disturbances at or beyond the boundaries of the property.

11.

Fire and explosion. No activity shall be conducted or material of hazardous characteristics stored or used which may potentially cause a fire, explosion or other physical hazard to person or property, unless in conformance with the Uniform Fire Code and other applicable ordinances and criteria.

12.

Storage and handling of hazardous substances. The storage and handling of materials or substances determined to be hazardous substances as defined by C.R.S. § 25-5-502, as existing or as hereafter amended, or determined after hearing by the city council, after planning commission review, to be hazardous to the health, safety or welfare of the residents of the city, shall not be allowed in conjunction with industrial and commercial uses except in accordance with all applicable federal, state and city regulations. This subsection shall apply to the container of the hazardous substance as well as to the substance itself.

(Ord. No. 1742, § 1, 1-14-2020)

The purpose and intent of this chapter is to permit an administratively simplified method for tiny home development, and to set forth standards for tiny houses as a principal use on an individual lot or parcel.

(Ord. No. 1742, § 1, 1-14-2020)

One tiny house shall be allowed as a principal use on an individual lot or parcel in the large lot residential (LLR) and residential agricultural (RA) zone districts pursuant to chapter 17.04, Zoning Districts of these regulations.

(Ord. No. 1742, § 1, 1-14-2020)

Tiny houses shall be constructed in accordance with the Pikes Peak Regional Building Code. Tiny homes may be constructed as (1) manufactured housing, or (2) site specific construction.

(Ord. No. 1742, § 1, 1-14-2020)

A.

All tiny houses shall be designed and constructed to:

1.

Be finished on all sides with finished wood panel siding, vinyl siding, brick or stone veneer siding, stucco finish siding, other architecturally finished veneer, or with another type of siding with the same capability to withstand exposure to outdoor elements, as determined and approved by the zoning administrator;

2.

Have no attached motor or other means of propulsion;

3.

Have premanufactured insulated residential grade exterior doors;

4.

Have premanufactured insulated residential grade windows; and

5.

Have residential style/type roofing materials capable of providing long-term shelter from outdoor elements, for example shingles made from asphalt or terra cotta, metal, slate and concrete or clay tile.

B.

Tiny houses shall have a minimum of four of the following design features:

1.

More than one type of exterior siding listed above in subsection A. on a single side in an integrated manner;

2.

Upgraded entry feature, such as transom or side windows around an exterior door;

3.

Exterior accessories, such as permanent shutters, or fixed sunshade devices, or gutters/downspouts;

4.

Pitched roofline (3:12 pitch or steeper);

5.

Dormers;

6.

Premanufactured skylights;

7.

Built-in porch or deck;

8.

Exterior residential light sconces or downcans; or

9.

Other features as otherwise approved by the zoning administrator.

C.

The provision of more than one item within the same category of design features may be counted independently towards the overall minimum requirements (e.g., including both a sunshade and shutters).

D.

If applicable, tiny house wheels, running gear, and hitch components shall be:

1.

Removed and the tiny houses set on a platform.

2.

Screened from view with:

a.

Skirting of the same exterior siding and materials as the tiny house;

b.

Placement on a subsurface pad serving as a foundation and with integrated plantings and landscaping; or

c.

Another method approved by the zoning administrator.

3.

Interior storage of water prohibited. No interior water storage tank, unless otherwise approved as an integrated water system by the City of Fountain Water Superintendent in consultation with El Paso County Public Health shall be allowed within a tiny house.

4.

Storage of wastewater prohibited. No interior storage of wastewater, unless approved by the wastewater district in consultation with El Paso County Health, shall be allowed within a tiny house.

5.

Proof of utilities. Proof of electric, natural gas, and/or propane availability is required. Proof of water and wastewater service is required unless otherwise approved by the zoning administrator pursuant to subsection 3. and 4. above. Electrical, natural gas, propane, water, and wastewater connections must meet the requirements of the city, utility provider and/or El Paso County Public Health, as appropriate. Individual wells and on-site wastewater treatment systems (OWTS) shall be permitted in accordance with state and local regulations.

6.

Tiny house site plan review required. A tiny house site plan application shall be filed with the city and approved by the zoning administrator prior to the placement of the tiny house on an individual lot or parcel. Tiny house site plan applications shall at a minimum, consist of the following:

a.

Elevation drawings of the tiny house to include the method of screening/skirting and identification of the type of siding materials(s);

b.

Floorplan of the tiny house;

c.

Proof of utilities;

d.

Landscape plan with subsurface pad;

e.

Building elevations; and

f.

Additional documentation as required by the zoning administrator that may be necessary, in his or her opinion, to evaluate compliance with this chapter.

E.

Accessory structure allowances. Accessory uses to a tiny house used as a principal use are limited to permitted residential accessory uses. Accessory structures exceeding the general allowance of two times the size of the footprint of the tiny house may be approved by the zoning administrator in the context of the tiny home site plan review.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Adult-oriented uses shall be established, operated and maintained only within the planned industrial district and shall be separated from the most proximate and directly measured legally described property line of any residential zoning district, place of worship, park, child care facility, including daycares, and/or schools meeting the requirements of the compulsory education laws of the state, by not less than 1,000 feet, and other adult-oriented uses by not less than 300 feet.

B.

Public streets, sidewalks, driveways, easements and other public rights-of-way shall be included in measuring the distances prescribed in this chapter.

(Ord. No. 1742, § 1, 1-14-2020)

A.

The zoning administrator shall deny an application for any building permit or other approval necessary for the location or operation of an adult-oriented business upon a finding of noncompliance with the standards and requirements of this chapter. Within ten business days of the submission of a complete written application for the approval of the location of an adult-oriented business under this chapter, the zoning administrator shall in writing approve or deny the same, and send the same by certified mail, return receipt requested, to the mailing address indicated on the application. In the event of denial, the zoning administrator shall in writing set forth the basis of the denial.

B.

Within ten business days from the date of such written denial, the applicant may file with the city clerk a notice of appeal (pursuant to chapter 17.25) stating with particularity the basis of the appeal. A copy of such document shall be concurrently submitted to the office of the city attorney. The appeal shall be processed in accordance with chapter 17.25.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Variance requests for adult-oriented uses shall be subject to the limitations of this section and processes outlined in chapter 17.25, Variances and Appeals.

B.

The city council may grant a variance upon a finding that, at the time of the filing of the request up until the public hearing, the location is available to the applicant for use as an adult-oriented business through acquisition by purchase or lease in a planned industrial zoning district, as contemplated in this section. For the purposes of this chapter, the applicant shall have the burden of proof to establish through diligent inquire, the unavailability of suitable property in compliance with the location requirements. Economic hardship incurred in locating and maintaining such use in compliance with the location requirements shall not constitute the basis of establishing unavailability under this chapter.

C.

Upon receipt of a request for a variance to locate closer than otherwise permitted to another adult-oriented use, the city council shall schedule a public hearing in conformance with the procedures set forth in section 17.20.080 of this title for public notice.

D.

If, based on the evidence presented at the hearing, the city council finds that no location is available in a planned industrial zoning district in compliance with the location requirements set forth in this section, the city council may grant a variance to the applicant:

1.

To locate the adult-oriented use within 300 feet of an existing adult-oriented use; and/or

2.

To locate in an otherwise appropriately commercially-zoned location specifically identified in the request.

E.

No variance shall be available under this section to locate an adult-oriented use closer than 1,000 feet to a residential use, place of worship, school including daycare, or park.

(Ord. No. 1742, § 1, 1-14-2020)

A.

The purpose and intent of this chapter is to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community. These regulations are necessary in order to:

1.

Facilitate the provision of wireless telecommunication services to the residents and businesses of the city.

2.

Minimize adverse impacts of facilities through careful design, siting and screening standards.

3.

Encourage and maximize collocation and the use of existing and approved towers, buildings, and other structures to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community.

4.

Provide specific regulations related to the review processes for CMRS facilities.

5.

Align the review and approval process for CMRS facilities with the FCC and any other agency of the federal government with the authority to regulate CMRS facilities.

(Ord. No. 1742, § 1, 1-14-2020)

A.

This chapter applies to all CMRS facilities as defined herein. For purposes of this chapter, CMRS service includes broadband service.

B.

All CMRS facilities owned or operated by the City of Fountain or any agency or department thereof are exempt from all requirements of this chapter.

C.

Existing CMRS facilities on the date of adoption of this chapter may continue to be operated and maintained despite the fact of their being non-conforming with respect to the requirements of this chapter, provided, however, that such legally non-conforming CMRS facilities shall be subject to the requirements of chapter 17.27 of the Fountain Municipal Code and this chapter. To the extent such legally non-conforming CMRS facilities are proposed to be expanded or modified, such expansion or modification shall follow the procedures and limitations set forth in chapter 17.27, unless the expansion or modification is an "eligible telecommunications facilities request," in which case the time limit of section 17.17.090.D.1 shall apply.

D.

To the extent CMRS facility applications were submitted for review prior to the adoption of this chapter, the same shall be reviewed pursuant to the process and under the criteria set forth in the applicable portions of this chapter in force prior to that date. The prior version of this chapter is continued in force and effect for that limited purpose only. Upon approval or denial of all such remaining applications the prior regulation shall be deemed repealed.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Adequate screening. All CMRS facilities shall be screened by use of color, texture, architectural features, landscaping and fencing.

B.

Standards for ground-mounted accessory equipment. Ground-mounted accessory equipment and structures that are associated with a freestanding, roof-mounted or building-mounted CMRS facility are subject to the following requirements and shall be evaluated with the associated CMRS facility application.

1.

Ground-mounted accessory equipment shall be subject to the accessory structure setback requirements, if any, in the underlying zone district. In the absence of such requirements, section 17.07.050 applies.

2.

Ground-mounted accessory equipment or buildings containing accessory equipment shall not exceed 12 feet in height.

3.

Ground-mounted accessory equipment not fully enclosed in a building shall be screened from all adjacent residential properties and public rights-of-way by landscaping, fences or architectural features, or by undergrounding.

4.

Buildings containing ground-mounted accessory equipment shall be architecturally compatible with the existing structures on the property and the character of the neighborhood.

C.

Safety standards. All CMRS facilities shall conform to the requirements of the International Building Code, or National Electrical Code, as applicable.

D.

Lighting. Signals, artificial lights, or illumination shall not be permitted on any antenna or tower unless required by the FCC. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance or visual impacts to the adjacent properties, while maintaining compliance with federal standards.

E.

Signs. Excluding any warning signs as provided herein, signs shall not be allowed on any part of an antenna, tower, or antenna or tower site. For the purposes herein, signs shall include commercial advertising, noncommercial signs, logos, political signs, flyers, flags, or banners. Any signs placed in violation of this subsection shall be removed immediately at the operator's expense. Notwithstanding any other provision of these regulations, warning signs listed below shall be utilized in connection with a tower or antenna site.

1.

If high voltage is necessary to the operation of the tower or any accessory structures, "HIGH VOLTAGE—DANGER" warning signs shall be permanently attached to the fence or wall surrounding the structure.

2.

"NO TRESPASSING" warning signs shall be permanently attached to the fence or wall surrounding the structure.

3.

The warning signs shall be installed at least five feet above the finished grade.

F.

Collocation. The shared use of existing freestanding or roof-mounted CMRS facilities shall be preferred to the construction of new facilities in order to minimize adverse impacts associated with the proliferation of towers. The following collocation requirements apply:

1.

No CMRS application shall be approved to construct a new freestanding or roof-mounted CMRS facility unless the applicant demonstrates to the reasonable satisfaction of the city that no existing CMRS facility within a reasonable distance, regardless of municipal boundaries, can accommodate the applicant's needs. Evidence submitted shall consist of one or more of the following:

a.

No existing CMRS facilities are located within the geographic area required to meet the applicant's coverage demands.

b.

Existing CMRS facilities or structures are not of sufficient height to meet the applicant's coverage demands and cannot be extended to such height.

c.

Existing CMRS facilities or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

Existing CMRS facilities or structures do not have adequate space on which proposed equipment can be placed so it can function effectively and reasonably.

e.

The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing CMRS facility, or the antennas on the existing facility would cause interference with the applicant's proposed antenna.

f.

The applicant demonstrates that there are other compelling limiting factors, including but not limited to economic factors, that render existing CMRS facilities or structures unsuitable.

G.

No CMRS facility owner or operator shall unreasonably exclude a telecommunication competitor from using the same facility or location. Upon request by the city, the owner or operator shall provide evidence and a written statement to explain why collocation is not possible at a particular facility or site.

H.

If a telecommunication competitor attempts to collocate a CMRS facility on an existing or approved CMRS facility or location, and the parties cannot reach an agreement, the city may require a third-party technical study to be completed at the applicant's expense to determine the feasibility of collocation.

I.

Applications for new freestanding CMRS facilities shall provide evidence that the new facility can accommodate collocation of additional carriers.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Stealth design, as described in herein, is required for all freestanding CMRS facilities. Such facilities shall be subject to architectural review under section 17.13.040.

B.

Height. All freestanding CMRS facilities shall be no taller than the height limit in the relevant zone district, or 35 feet, whichever is less.

C.

Setback.

1.

Freestanding CMRS facilities shall comply with the side and rear yard setback requirements for principal structures of the zone districts in which they are located, or the setback shall be 20 percent of the height of the antenna support structure and associated equipment, whichever is greater.

2.

The front yard setback from property lines for freestanding CMRS facilities adjacent to public or private streets shall be a distance equal to the height of the freestanding facility or 20 percent of the height of the antenna support structure and associated equipment, whichever is greater.

D.

Spacing. All freestanding CMRS facilities shall be located at least 1,000 feet from any other CMRS facility, measured in a straight line between the base of the tower structures.

E.

Landscaping and screening. Because stealth design, as described in section 17.17.110, is required for all freestanding CMRS facilities, and because all other ground-mounted accessory equipment associated with such facilities must be adequately screened pursuant to this chapter, no aspect of a freestanding CMRS facility shall be immediately visible as such to the public or from adjacent properties. The city encourages, but does not require, ground-mounted accessory equipment or structures required in support of a (mandatory) stealth designed freestanding CMRS facility to be fully incorporated into the freestanding stealth antenna facility itself, but only that all such accessory equipment be adequately screened pursuant to the same standards applicable to ground-mounted facilities under this chapter. All landscaping shall be properly maintained at the operator's expense to ensure good health and viability.

F.

Security fencing. Towers shall be enclosed by security fencing which measures not less than six feet in height, and shall be equipped with an appropriate anti-climbing device or devices.

(Ord. No. 1742, § 1, 1-14-2020)

All building-mounted CMRS facilities must match the color and texture of the building to which they are attached, and may protrude no higher than the parapet wall or the top of the building if no parapet wall is present. A wall antenna may not protrude more than two feet from the building wall.

(Ord. No. 1742, § 1, 1-14-2020)

A.

All roof-mounted CMRS facilities must match the color and texture of the building to which they are attached.

B.

All roof-mounted CMRS facilities shall be screened, designed, and/or colored to be architecturally compatible with the building upon which they are mounted. Such color, design and screening is encouraged to mimic the techniques used to screen, color and design other rooftop equipment. All roof-mounted CMRS facilities are limited in height to ten feet, including the antennae. In no case shall the total height of the antenna and the building exceed the maximum building height in the relevant zone district.

(Ord. No. 1742, § 1, 1-14-2020)

This section describes the locations within which various kinds of CMRS facilities, as defined herein and in section 17.17.110, may be located.

A.

Residential districts: Building and roof mount on multifamily residential and nonresidential buildings only.

B.

Commercial districts: Building and roof mount and freestanding (stealth only).

C.

Residential mixed use (RMU) districts: Building and roof mount on nonresidential buildings only.

D.

Commercial mixed use (CMU) districts: Building, roof mount, and freestanding (stealth only).

E.

Industrial districts: Building and roof mount and freestanding (stealth only).

F.

PUD: Permitted only if in the approved PUD list of uses and locations; subject to additional requirements and restrictions in the approved PUD, which may be more stringent, but not less stringent than this chapter.

G.

City rights-of-way: Small cell CMRS facilities permitted under this chapter.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Applicable requirements. Small cell facilities and small cell networks, as defined at section 17.17.110, shall comply in all respects with the requirements of this chapter applicable to all CMRS facilities, with the following exceptions:

1.

Setback requirements;

2.

Design requirements; and

3.

Ground-mounted accessory equipment in rights-of-way shall be located below ground level.

B.

Location. Small cell facilities are permitted in city rights-of-way, upon city facilities in these rights-of-way and CDOT rights-of-way under the following priority:

1.

First, on a city-owned utility pole, which shall be removed and replaced with a pole designed to contain all antennae and equipment within the pole to conceal any ground-based support equipment and ownership of which pole is conveyed to the city.

2.

Second, on a city-owned utility pole with attachment of the small cell facilities in a configuration approved by the city.

3.

Third, on a third-party owned utility pole, with the consent of the owner thereof, with attachment of the small cell facilities in a configuration approved by the city.

4.

Fourth, on a traffic signal pole or mast arm in a configuration approved by the city, or in the case of a CDOT facility, by CDOT.

5.

Fifth, on a freestanding or ground-mounted facility which meets stealth requirements in a location and configuration approved by the city.

C.

Height. All small cell facilities shall not exceed five feet above the light pole, traffic signal or other facility or structure to which they are attached, or the maximum height in the relevant zone district, whichever is less.

D.

Safety and design. Small cell facilities in the right-of-way shall be designed and located, in the reasonable judgment of the reviewing official or body, so as to not interfere with the safe movement of pedestrians and motor vehicles, or otherwise create a safety risk to the public. Small cell facilities shall be designed to blend with and be camouflaged in relation to the structure upon which they are located (e.g.: painted to match the structure).

E.

Spacing. Small cell facilities shall not be located within 600 feet of any other small cell facility. This restriction does not apply to spacing from CMRS facilities in existence on the effective date of this chapter.

F.

Permitting. Small cell facilities and networks shall make application for location through a revocable permitting system maintained by the city, rather than as conditional use permit. The city may accept applications for a small cell network consisting of applications for up to ten small cell locations, provided each small cell facility shall be separately reviewed.

G.

Indemnification. The operator of a small cell facility which is permitted to locate on a city right-of-way or easement or on a city-owned utility pole, traffic signal or other structure owned by the city, shall as a condition of permit approval, indemnify the city from and against all liability and claims arising as a result of that location or attachment, including repair and replacement of damaged poles and equipment, in a form approved by the city attorney.

H.

Bonding. All permits for location of small facilities on real property or facilities not owned by the small cell permittee shall include as a condition of approval a bond, in form approved by the city attorney, to guarantee payment for any damages to the real property or facilities and removal of the small cell facility upon abandonment.

I.

Relocation and removal. All small cell facilities in city rights-of-way or easements shall be removed and/or relocated at the applicant's expense in the event the city's use of the right-of-way or easement precludes the continued presence of such facilities.

J.

Proprietary facilities. Location on city electric facilities will require execution of a Fountain Electric Department pole attachment agreement.

(Ord. No. 1742, § 1, 1-14-2020)

A.

All building and roof-mounted CMRS facilities and small cell facilities and networks, and modifications to an existing facility not a substantial change as defined at section 17.17.110, shall be reviewed administratively.

B.

Applications for modifications to an existing facility which are not a "substantial change" and are "eligible facilities requests," shall provide all information reasonably required by the city to determine whether the request meets the requirements for being an eligible facility request that is not a "substantial change" in the physical dimensions of the support structure, as those terms are defined herein. All other applications for all other building or roof-mounted facilities, or to place additional antennas on existing freestanding facilities, shall provide the information required on the city's development plan application form, as well as the following:

1.

A project statement identifying the proposed CMRS facility and the telecommunication service to be provided by the proposed facility.

2.

An indication as to whether the facility is designed to accommodate the equipment of additional carriers.

3.

A statement from the building/property owner indicating that they consent to the placement of the CMRS facility on the site and information which indicates that the lease does not preclude collocation.

4.

A photo simulation which illustrates "before" and "after" what the building and/or site will look like once the antennas and associated ground-mounted facilities equipment have been installed. The photos should be taken from the adjoining public street and from any adjacent residential zoning from which the antennas and equipment will be visible.

5.

Elevation drawings for each side of the building upon which the wall or roof-mounted equipment will be visible, as well as any ground-mounted equipment. The drawings should indicate the appearance, color and material of the existing building as well as the location, height, color and material proposed for the antennas and associated equipment.

6.

A rooftop plan, which indicates the location and height for any roof-mounted antennas or equipment.

7.

A site plan shall be required if the proposal includes ground-mounted equipment. The plan shall illustrate all existing freestanding facilities, buildings, parking, easements and landscaping existing on the site as well as any proposed CMRS facilities, setbacks, landscaping, screening or security fencing.

C.

Freestanding CMRS facilities—Conditional use permit required.

1.

Applications for freestanding CMRS facilities shall be reviewed by the planning commission and city council as conditional uses pursuant to the procedure and review criteria in chapter 17.26, as well as the review criteria of this chapter.

2.

Applications for stealth freestanding facilities shall provide the information required on the city's development plan application form, as well as the following:

a.

A project statement identifying the proposed CMRS facility and the telecommunication service to be provided by the proposed facility.

b.

An indication as to whether the facility is designed to accommodate the equipment of additional carriers. Each application for a CMRS facility shall be accompanied by a statement from the building/property owner indicating that they consent to the placement of the CMRS facility on the site and information which indicates that the lease does not preclude collocation.

c.

If a new freestanding facility is proposed, evidence that the carrier has reasonably explored the use of wall or roof or stealth facilities within the search area and determined that said facilities are not feasible or appropriate and justification of the need for the proposed tower and height requested.

d.

A photo simulation, which illustrates "before" and "after" what the site will look like once the freestanding CMRS facility and ground-mounted equipment have been constructed. The photos should be taken from the adjoining public street and from any adjacent residential zoning from which the freestanding facility will be visible.

e.

Elevation drawings shall include the freestanding facility, as well as any ground-mounted equipment. The drawings should indicate the appearance, height, color and material proposed for the freestanding facility, antennas and associated equipment.

f. The legal description of the subject property, which shall be required to be a platted lot in accord with the subdivision codes.

D.

A site development plan shall be required for all freestanding facilities. The plan shall illustrate all existing buildings, parking, easements and landscaping existing on the site as well as any proposed CMRS facility locations, landscaping, screening or security fencing.

E.

Review and response deadlines. In compliance with federal law and regulations, the city shall review and act upon all applications within the following time periods:

1.

Within 30 days the city will give written notice of incompleteness, specifying the code section that requires the information. This halts the remaining deadlines until a complete application is filed.

2.

Should the applicant fail to respond to the city's notice of incompleteness within 60 days of notification, then the applicant shall be deemed to have cancelled the application.

3.

Within 60 days the city will act on applications that are not a "substantial change" (an eligible telecommunications facilities request).

4.

In the event the city fails to act on an application seeking approval for an eligible telecommunications facilities request under this section within the timeframe for review, the application shall be deemed approved. The deemed approval becomes effective when the applicant notifies the city in writing after the review period has expired that the application has been deemed approved.

5.

Within 90 days the city will act on collocation applications that are not a substantial change in the size of a tower, or location or collocation applications for a small cell facility or small cell network, or replacement or modification of the same.

6.

Within 150 days the city will act on applications for new CMRS facilities, collocation applications that are a substantial increase in the size of the tower or substantial increase an existing CMRS facility that are not a small cell facility or small cell network.

F.

Third party review of conditional use applications.

1.

CMRS service providers use various methodologies and analysis tools, including geographically based computer software, to determine the specific technical parameters of personal wireless services, such as expected coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances there may be a need for expert review by a third party of the technical data submitted by the personal wireless services provider. The city may require such a technical review to be paid for by the applicant for the CMRS facility. The selection of the third party expert may be by mutual agreement between the applicant and the city or at the discretion of the city, with a provision for the applicant and interested parties to comment on the proposed expert and review their qualifications. The expert review is intended to be a site-specific review of technical aspects of the CMRS facility and not a subjective review of the site selection. The expert review of the technical submission shall address the following:

a.

The accuracy and completeness of the submission;

b.

The applicability of analysis techniques and methodologies;

c.

The validity of conclusions reached;

d.

Any specific technical issues designated by the city.

2.

Based on the results of the third party review, the city may require changes to the application that comply with the recommendations of the expert.

G.

Review criteria. The reviewing official or body as appropriate, shall apply the design and location standards contained in sections 17.17.030 through 17.17.080, as appropriate in its review and decision on the application.

H.

Permit responsiveness. Applicant has 90 days in which to review and formally respond to review comments. Such review should be made in the form of a letter to the reviewing agency clarifying any findings of the review, or should be a revision of the original submittal addressing the review comments of the reviewing official or body. Failure to respond in 90 days to review comments shall be considered an abandonment of the application by the applicant. Future applications covering the same or materially similar geography shall be considered as a new application.

I.

Permit expiration. A permit for a CMRS facility, including a small cell facility, shall expire nine months after approval unless construction of the permitted facility has been initiated.

(Ord. No. 1742, § 1, 1-14-2020)

All CMRS providers shall notify the city when they place the FCC on notice, via the filing of FCC form 489, that a specific CMRS facility is being discontinued. Antennas and support structures, which are not in use for six months for CMRS purposes, shall be removed by the CMRS facility owner. This removal shall occur within 60 days of the end of the six month period. Upon removal, the site shall be restored to blend with the surrounding environment. If an abandoned facility is not removed within the required time frame the city shall remove the facility and bill the property owner upon which the facility is located for the cost incurred for the removal. In the event the property owner fails, within 30 days after billing, to pay for the cost and expenses of removal the city may assess a lien against the property for such costs which may be certified to the county treasurer for collection in the same manner as real property taxes under C.R.S. 31-20-105 and 106. The lien created hereby shall be superior and prior to all other liens excepting liens for general and special taxes.

(Ord. No. 1742, § 1, 1-14-2020)

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

Base station. A station at a fixed location, other than a freestanding CMRS facility, that enables wireless communication between user equipment and a communications network, including any associated equipment such as, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. It includes a structure that currently supports or houses an antenna, transceiver, or other associated equipment that constitutes part of a base station. It may encompass such equipment in any technological configuration, including distributed antenna systems and small cells.

Broadband service. Broadband is wide bandwidth data transmission which transports multiple signals and traffic types. The medium can be coaxial cable, optical fiber, radio or twisted pair. In the context of internet access, broadband is used to mean any high-speed internet access that is always on and faster than traditional dial-up access.

Building or structure-mounted commercial mobile radio service (CMRS) facility. A CMRS facility in which antenna are mounted to an existing structure (e.g., water tower, light pole, steeple, etc.) or building face, but excluding roof-mounted facilities.

CDOT. Colorado Department of Transportation.

Commercial mobile radio service (CMRS) accessory equipment. Equipment, including unmanned cabinets, used to protect and enable operation of radio switching equipment, back-up power and other devices, but not including antenna, that is necessary for the operation of a CMRS facility.

CMRS facility. An unmanned building or structure consisting of equipment for the reception, switching and transmission of wireless telecommunications, including, but not limited to, personal communications service (PCS), enhanced specialized mobile radio (ESMR), paging, cellular telephone and similar technologies.

Eligible telecommunications facilities request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station and that involves the collocation of new transmission equipment, the removal of transmission equipment or the replacement of transmission equipment.

FCC. Federal Communications Commission.

Freestanding CMRS facility. A CMRS facility that consists of a stand-alone support facility or tower (monopole and/or lattice structure), antennae, and associated equipment.

Ground-mounted CMRS accessory equipment. Equipment, including unmanned cabinets, located on or beneath the ground, used to protect and enable operation of radio switching equipment, back-up power and other devices, but not including antenna, that is necessary for the operation of a CMRS facility including base stations.

Height. The distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna or other equipment.

Roof-mounted commercial mobile radio service (CMRS) facility. A CMRS facility in which antenna are mounted on an existing building roof.

Small cell facility. A wireless service facility that meets both of the following qualifications:

1.

Each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and

2.

Primary equipment enclosures are not larger than 17 cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

Small cell network. A collection of interrelated small cell facilities designed to deliver wireless service.

Stealth freestanding facilities. Any freestanding CMRS facility which is designed to blend and camouflage the antennas and associated equipment. For example, architecturally screened roof-mounted antennae, building-mounted antennas painted to match the existing structure, and antennas integrated into architectural elements by bell towers, flagpoles, parking lot light poles, clock towers, decorative architectural features, tree towers, city utility poles, etc.

Substantial change. A modification which substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria, including a single change or a series of changes over time whether made by a single owner or operator or different owners/operators over time, when viewed against the initial approval for the support structure:

1.

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater;

a.

Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Federal Spectrum Act, effective February 22, 2012.

2.

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

3.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;

4.

It entails any excavation or deployment outside the current site;

5.

It would defeat the concealment elements of the eligible support structure; or

6.

It does not comply with conditions associated with the original siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs 1. through 6. of this definition.

Tower. Any freestanding structure designed and constructed primarily for the purpose of supporting one or more Federal Communications Commission-licensed or authorized antennae, including self-supporting lattice towers, guy towers and monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and other similar structures. The term also includes any antenna or antenna array attached to the tower structure.

Tower height (average). When referring to a tower or other structure, the distance measured from the average ground level to the highest point on the towner or other structure, even if said highest point is an antenna.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Location requirements. The housing, keeping, or sheltering of any animal or livestock, excluding household pets, chicken hens, emotional support animals and service animals, shall only be allowed in the LLR, RA, POS, and PUD zoning districts. Animals shall be limited to domestic livestock, farm animals and barnyard fowl as listed below. Other similar animals may be allowed, however, the zoning administrator shall designate an animal unit ratio for similar animals using the Stockman's Handbook or similar reliable source.

B.

Purpose. It is the purpose of these regulations to limit under specific circumstances the number of animals allowed and the methods by which animals are kept on private property. It is the intent of this chapter to minimize potential adverse impacts on adjoining properties, the neighborhood and persons in the vicinity from improper management of such animals. Such adverse impacts include, but are not limited to the propagation of flies and other disease vectors, dust, noise, offensive odors, drainage, soil erosion and sedimentation.

(Ord. No. 1742, § 1, 1-14-2020)

A.

Application of standards. The following requirements shall apply to the keeping or raising of specific types of animals, in addition to all other applicable standards of this chapter. More than one type of animal may be kept on a single lot, subject to the provisions of this chapter. Where this chapter limits the number of animals allowed on such a lot, such limitations shall not apply to offspring that are not weaned.

B.

Number of animals. Domestic livestock and farm animals limited to swine, sheep, cattle, horses, mules, goats, rabbits and barnyard fowl are allowed at a maximum animal density according to the following chart of animal units. Animal unit is a common animal denominator based on feed consumption.

1.

Animal units. The following schedule lists animal units by type of domestic livestock and farm animals. When any animal unit calculation results in a fraction, fractional values less than one-half shall be rounded down to the nearest whole number and fractional values one-half and greater shall be rounded up to the next whole number.

Table 17.18.1: Animal Units

* Cock birds shall not exceed two per animal unit and are included in the total number of chickens allowed.

2.

Minimum area standards. Domestic livestock, farm animals, and barnyard fowl, shall be permitted, temporary or permanent on lots of at least one acre in size according to the following minimum area standards, except that offspring of animals may be kept until weaned.

3.

Non-irrigated land. One animal unit per acre, except that two horses are allowed for the first acre with one animal unit per acre thereafter.

4.

Irrigated land planted in wheat, barley, oats, vetch, alfalfa, clovers, or similar adapted grasses and legumes for pasture lands. Two animal units per acre except that two horses are allowed for the first acre with two animal units per acre thereafter.

5.

Exemption. The keeping of chicken hens shall be allowed as regulated below.

C.

Standards.

1.

All domestic livestock, farm animals and barnyard fowl shall be kept in a fenced area.

2.

All buildings, sheds, stables, riding rings, corrals, chinchilla hutches, or other similar enclosures and fenced areas wherein animals are kept shall be setback a minimum of 50 feet from any property line.

3.

When a property is zoned LLR or RA and abuts a street right-of-way or another property that is zoned LLR, RA or POS, the property boundary fence wherein animals are allowed to roam shall not be subject to the 50 foot setback requirement.

4.

When a property is zoned LLR or RA and abuts an undeveloped parcel, open space or park, the property boundary fence wherein animals are allowed to roam shall not be subject to the 50 foot setback. If the abutting undeveloped property is developed, the 50-foot setback shall be required for any existing or new fenced areas wherein animals are kept.

5.

Chicken enclosures shall be subject to the setback standards listed below subsection E. below.

6.

Premises upon which animals are kept shall be maintained in such a condition as not to be foul, hazardous or detrimental to the health, safety or welfare of humans or animals. Manure shall not be allowed to accumulate so as to create a nuisance condition, or to cause a hazard to the health, welfare or safety of humans or animals. The outside storage of manure shall be setback a minimum of 25 feet from the property line and shall not exceed five feet in height.

7.

No direct water run-off shall be allowed onto adjacent properties. Drainage facilities and erosion control measures shall be established on-site to protect adjacent properties from run off containing contaminants or organic waste.

8.

Violations of this chapter shall be subject to enforcement procedures as set forth in chapter 17.02 of these regulations and nuisance abatement as set forth in chapter 8.12 of these regulations.

D.

Beehives.

1.

Colonies of bees shall be maintained in moveable frame hives, constructed to meet the specifications for beehives set by the American Beekeepers Federation.

2.

The name and telephone number of the beekeeper shall be branded, painted, or otherwise clearly marked on the structure of at least two hives and placed at opposite ends of the hive. Instead of marking the hives, the beekeeper may conspicuously post a private notification sign setting forth the name and telephone number of the beekeeper, in accordance with chapter 17.12.

a.

Hives shall be properly shaded from adjacent night lighting on adjoining properties.

b.

Hives shall not be located within 25 feet of any property line, public street, sidewalk, or alley.

c.

Adequate space must be provided in each hive to prevent overcrowding and swarming.

d.

Colonies must be re-queened following any swarming or aggressive behavior.

e.

Abandoned colonies, diseased bees, or bees living in trees, buildings, or any other space except in movable frame hives are considered a public nuisance and shall be subject to abatement set forth in chapter 17.16 of these regulations and nuisance abatement as set forth in chapter 8.12 of these regulations.

f.

The keeping of bees shall restricted to residential zoned lots of one acre or more.

g.

Eight hives shall be permitted on residential lots from one acre to less than two and one-half acres.

h.

Twenty-five hives shall be permitted on residential lots from two and one-half to five acres.

i.

The number of beehives is not limited on residential lots of five or more acres.

E.

Chicken hens. A city chicken permit is required for the keeping of chickens. No more than one chicken permit per household shall be issued by the zoning administrator. An approved chicken permit may not be transferred to any other person or any other property or building and shall be valid as long as the conditions and requirements for which the permit is granted are upheld by the permit holder. The permit may be revoked for any violation of this section or other applicable regulations of the Fountain Municipal Code. The owner must comply with the Colorado Parks and Wildlife and Colorado Department of Public Health and Environment regulations.

1.

Permitted areas. The keeping of chicken hens shall be allowed in the following specific land areas within the city subject to the chicken hen keeping restrictions stated below.

a.

Chicken hens shall be permitted on single family detached residential lots (a lot with a single family dwelling), two-family (a lot with a two-family or duplex attached dwelling), townhome (a multifamily attached dwelling with individually platted lots) and mobile home lots located in a platted mobile home subdivision where the primary use of said lot is residential and subject to the submittal of property owner authorization.

b.

Chicken hens shall be allowed in common areas such as community gardens, public and private parks, multifamily developments (including townhome and condominium), mobile home parks, and common open space areas subject to the submittal of property owner authorization and the issuance of a conditional use permit as outlined in chapter 17.26.

2.

Number of chickens.

a.

Single family, two-family, townhome and mobile home residential lots 2,500 square feet or greater in area shall be allowed to keep chicken hens. One chicken hen per 1,000 square feet of gross lot area shall be allowed, up to a maximum of ten chicken hens. Residential and agricultural lots in the LLR and RA zone districts shall be allowed more chickens based on the animal unit calculations as specified in table 17.18.1, Animal Units, and subject to the approval of a conditional use in chapter 17.26.

i.

Common areas must consist of contiguous area of a minimum of 2,500 square feet and shall be allowed a maximum 20 chicken hens. Additional chicken hens shall be allowed if approved as a condition to the conditional use. The maximum number of chickens approved in the conditional use shall not exceed the maximum animal units allowed in table 17.18.1, Animal Units.

ii.

If the calculation of chicken hens results in a fractional number, that number shall be rounded down to the nearest whole number (e.g. 2.1 through 2.9 chicken hens shall round down to two chicken hens).

3.

Location restrictions. The keeping of chicken hens shall be restricted to the rear or backyard of any residential lot in all zoning districts except RA, LLR and POS. This shall apply to chicken coops, runs and free ranging activities. Where a common area is not located in a rear backyard, screening and fencing shall be required.

4.

Chicken coops required. All property owners approved for the keeping of chicken hens shall provide chicken coops on their lots. Chicken coops and runs shall meet the following minimum requirements:

a.

Located in the rear yard or back yard of the lot with the exception of coops located in the RA, LLR and POS zone districts.

b.

Set back a minimum of five feet from any property line or any other structure.

c.

Be predator-proof with a solid top.

d.

Minimum of four square feet per chicken.

e.

Maximum of 120 square feet in area per chicken coop and per lot or parcel. The maximum square footage requirement may be increased for coops located in a common area if approved in the conditional use.

f.

Maximum height of six feet. The maximum height for a chicken coop in the large lot agricultural/residential (LLR) and residential agricultural (RA) districts shall not exceed 12 feet.

5.

Free range grazing. Chickens may free range in the rear yard or back yard of the property only if under direct supervision and only if the entire rear yard of the property is enclosed with a solid fence. Free range is not permitted in approved common areas as defined above.

6.

No outside slaughtering or display of slaughtered chickens shall be allowed.

7.

Chicken feed must be properly stored so as not to attract mice, rats and other vermin.

8.

A maximum of ten chicken hens shall be allowed for an agricultural business, excluding animal feeding operations (AFO), located in a commercial or agricultural zone district. Chicken hens shall be kept in a chicken coop or the interior of a structure located on the premises.

9.

Containment shall be required for more than 100 chicken hens in the large lot agricultural/residential (LLR) district and residential agricultural (RA) district.

F.

Service animals. The keeping of an ADA service animal is permitted in every residential zone district provided: (1) that the animal is required because of a qualifying disability; and (2) what work or task(s) the animal has been trained to perform service-related work or tasks associated with the qualifying disability.

G.

Emotional support animals. The keeping of an emotional support animal is permitted in every residential zone district provided the owner has obtained a letter from a licensed medical or mental health professional, describing the emotional support animal's status.

(Ord. No. 1742, § 1, 1-14-2020)

A.

The intent of allowing home-based businesses is to:

1.

Maintain and preserve the character of residential neighborhoods;

2.

Ensure the compatibility of home-based businesses with other uses permitted in the residential districts;

3.

Promote the efficient use of public services and facilities while assuring that commercial users do not reduce the city's public services and facilities level of service to intended residential users;

4.

To help provide homeowners with additional economic means for maintaining permanent residency;

5.

Encourage flexibility in the work place and creativity in careers by permitting home-based businesses; and

6.

Regulate home-based businesses because of the potential impact to the surrounding neighborhood.

7.

Typical characteristics include:

a.

Client/customer visitation that may be more frequent than typical residential traffic, but less frequent than traditional commercial business traffic.

b.

Deliveries in excess of regular postal service and/or occasional express parcel service.

c.

Instruction/teaching associated with any permitted home-based business.

d.

Phone/computer use only (without client/customer visitation) associated with any permitted home-based business.

(Ord. No. 1742, § 1, 1-14-2020)

Table 17.19.1: Permitted Home-Based Businesses

* PUD zoned parcels, the governing master plan or overall development plan will be used to determine if and what home-based businesses are allowed. Where not explicitly prohibited, home-based businesses are allowed in the PUD zone as described by this title and the regulations herein do not annul or supersede any private agreements, such as restrictive covenants, over the subject property.

(Ord. No. 1742, § 1, 1-14-2020)

A.

The following uses, by the nature of their operation or investment, have a pronounced tendency, once started, to increase beyond the limits permitted for home-based businesses; are otherwise incompatible with residential areas; or impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses listed below shall not be permitted as home-based businesses:

1.

Repair, building, or servicing of vehicles or boats;

2.

Antique shop or gift shop;

3.

Painting of vehicles, trailers or boats;

4.

Large appliance repair including stoves, refrigerators, washers and dryers;

5.

Machine and sheet metal shops;

6.

Small machine repair; and

7.

Uses which may include hazardous chemicals or other items which may potentially be hazardous to the surrounding area.

(Ord. No. 1742, § 1, 1-14-2020)

A.

All home businesses. All home-based businesses shall comply with the following requirements:

1.

Occupy less than 35 percent of the gross floor area of the principal use, except for home-based daycares, which may occupy up as much of the residence as required by the Colorado Department of Human Services.

2.

The business owner or operator must reside and maintain primary residency within the principal single family dwelling unit on the lot.

3.

Conducted primarily by family members residing in the dwelling.

4.

The business is conducted in a manner that will not alter the normal residential character of the premises. To ensure the foregoing, the following limitations apply:

a.

No alterations to the dwelling by the use of color, materials, lighting, or the emission of noise, vibration, dust, glare, heat, smoke or odors.

b.

No exterior indication of nonresidential activity except for parking or signage as allowed by these regulations.

c.

No use of any yard space or activity outside of the building that is not normally associated with residential use. Parking would only be allowed on a parking pad, driveway, under a carport or in a garage. Home-businesses allowing customer parking in their front yard and not within an area otherwise reserved for parking would not be allowed.

d.

Refuse/recycling location and container sizing for the single family home shall continue according to the residential requirements.

e.

No use of electrical equipment that exceeds typical standards for residential use and does not require the use of electrical or mechanical equipment that would change the fire rating of the structure.

f.

No increase of water or sewer use where the combined total use for the dwelling and home-based business is significantly more water or sewer use than the average for residences in the neighborhood.

5.

Such use shall not create traffic congestion, parking scarcity, noise or any other nuisance or hazard in the neighborhood.

6.

Not generate more than 20 vehicular trips a day except that home-based day cares may have up to four trips per allowed child, calculated using the maximum number of allowed children on-site pursuant to the day care's Colorado Department of Human Services license. As used here, a trip is considered either the arrival or the departure of a vehicle from the household. For example, one vehicle making a delivery and then leaving immediately would be considered two trips.

7.

Only receive delivery of supplies between the hours of 8:00 a.m. and 6:00 p.m. Agricultural activities are exempt from this requirement.

8.

No person shall carry on a home-based business, or permit such use to occur on property which he/she owns or is in lawful control, without first obtaining a business license.

9.

Be open to inspection and review at all reasonable times by an authorized city official for purposes of verifying compliance with the approval criteria and other code provisions.

10.

Home-based daycares. In addition to the standards for all home-based businesses, home-based daycares shall comply with the following:

a.

A maximum of six children may be served at any one time.

b.

Obtain necessary licensing and follow any requirements for home-based daycares as required by the Colorado Department of Human Services.

11.

Cottage food producers. In addition to the standards for all home-based businesses, cottage food producers shall:

a.

Comply with the Colorado Cottage Food Act, C.R.S. § 25-4-1614, as existing or as hereafter amended.

(Ord. No. 1742, § 1, 1-14-2020)

If a home-based business is not being conducted according to the approval criteria, or the use has allegedly become detrimental to the residential neighborhood, the city may institute revocation or suspension proceedings against the home-based business' city business license in accordance with the process set forth in title 5, Business Tax, Licenses and Regulations, of these regulations.

(Ord. No. 1742, § 1, 1-14-2020)

The following activities, which do not exceed three days in duration or do not operate for more than nine days in any one calendar year, shall be exempt from the requirements of this section:

1.

Garage and yard sales. To qualify for this exemption, all garage and yard sales must involve only the sale of household goods, none of which were purchased for the purpose of resale;

2.

Parties for the display of domestic products;

3.

Other similar short-term uses or sales, such as bake sales and lemonade stands.

(Ord. No. 1742, § 1, 1-14-2020)