For the purposes of this title, the words and terms used, defined, interpreted or further described herein shall be construed as follows:

1.

The particular controls the general.

2.

In case of any difference of meaning or implication between the text of these regulations and the captions for each section, the text shall control.

3.

The word shall is always mandatory. The word may is permissive.

4.

Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary.

5.

Words used in the present tense include the future, unless the context clearly indicates the contrary.

6.

The masculine shall include the feminine.

7.

The phrase used for includes arranged for, designed for, intended for, maintained for, and occupied for.

8.

Where not defined herein, the words used in this title shall have the common and customary meaning.

(Ord. No. 1742, § 1, 1-14-2020)

A.

As used within this title, except where otherwise specifically defined, or unless the context otherwise requires, the following terms, phrases, words and their derivations shall have the following meanings:

Accessory structure. A building or structure on the same lot with the building or structure housing the principal use, but housing a use incidental to and associated customarily with the principal use.

Administrative hearing officer. Person(s) who is designated by the city manager to conduct administrative hearings on administrative citations or appeals.

Adult material. Any material including, but not limited to, books, magazines, newspapers, movie films, slides or other photographic or written materials, video tapes 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-oriented use. A use of property where the principal use, or a significant or substantial adjunct to another use of the property, is the sale, rental, display or other 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, including, but not limited to:

1.

Adult bookstore or gift shop: any establishment which principally sells or rents adult material including, but not limited to, books, magazines, newspapers, movie films, slides or other photographic or written material, video tapes and/or other items or devices.

2.

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."

3.

Adult car wash: any place of business or facility engaged in the washing of motor vehicles that features topless and/or bottomless males or females functioning in any capacity in the operation or management of a car wash.

4.

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

5.

Adult mini-motion picture theater: any fully enclosed theater with a capacity of less than 50 persons in which the presentation of adult material is the primary or principal attraction.

6.

Adult motion picture theatre: any fully enclosed theater with a capacity of 50 or more persons in which the presentation of adult material is the primary principal attraction.

7.

Adult photo studio: any establishment, which, upon payment of a fee, provides photographic equipment and/or models for photographing "specified anatomical areas."

8.

Other adult amusement or entertainment: any other amusement, entertainment or business which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

Agricultural activity. Farming, ranching; the cultivation of products as part of a recognized commercial enterprise; and associated businesses that support agricultural needs, such as veterinarians, nurseries, storage or processing of agricultural products or animals, and riding stables.

Agricultural building. Any building or accessory structure which is less than 35 feet in height and is used for farm operations such as, but not limited to, a barn, grain bin, silo, and farm implement storage building.

Agricultural business. A commercial facility and/or activity directly related to or resulting from the cultivation of the soil, production of crops or the raising of livestock which are not necessarily produced on the premises, which may also include feed and seed sales and hay sales which would otherwise be classified as retail sales.

Amendment. A change in the wording, context, or substance of title 17 of the Fountain Municipal Code or a change in the zoning district boundaries.

Amusement center. An indoor place of business where amusement devices are maintained or operated for commercial purposes.

Amusement device. A coin-operated device primarily for the entertainment of the customer, the use of which results in electronic or mechanical displays and/or operation, or the production of musical entertainment.

Animal farm. Land used for the growing, processing, and/or storage of animals, including animal feeding operations (AFO). This includes associated crop preparation, harvesting, and processing activities, such as mechanical soil preparation, irrigation system construction, spraying, and crop processing.

Animal feeding operation (AFO). An operation for the growing, feeding and fattening of livestock and/or poultry for commercial purposes, where:

1.

The animals are confined within a closed structure and/or the animals are kept within permanent corrals, pens, or yards;

2.

Food is supplied by means other than grazing, foraging, or other natural means;

3.

These animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 consecutive days or more in any 12 month period; and

4.

As further defined by the United States Environmental Protection Agency, National Pollutant Discharge Elimination System Regulations (NPDES).

Animal—Household pet. A small animal customarily permitted to be kept in a dwelling for company or pleasure, including, but not limited to, dogs, cats, pot-bellied pigs, gerbils, hamsters, tropical fish, or common house birds, provided that such animals are not kept to supplement food supplies or for any commercial purpose.

Animal unit. A unit of measurement that compares various animal types based on the amount of feed they consume and waste that they generate.

Antenna. Any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves.

Applicant. The owner or duly authorized agent of land for which an amendment, conditional use, variance, site development plan review, building permit, or certificate of occupancy has been requested.

Auction. A public sale in which real property, personal property or livestock is sold to the highest bidder.

Auto service/repair. Establishments primarily engaged in the sale, rental, service, and repair of automobiles and trucks. Uses include freestanding department stores; auction rooms; automobile service stations; repair facilities, car washes; boat, car, trailer, motorcycle showrooms, sales and repair, and other uses which are of the same general character.

Automobile. Any device which is capable of self-propulsion or being otherwise moved from place to place upon wheels or endless tracks, excepting a device moved exclusively upon stationary rails, a device designed to move primarily through the air or a device designed to move primarily through human muscular power. The term includes automobiles, motor vehicles, trucks, recreational vehicles, construction equipment, motorcycles, heavy equipment and similar vehicles.

Bed and breakfast inn. A residence which provides temporary overnight lodging for a fee with a minimum of three and a maximum of ten guest rooms.

Boarding and rooming house. A building or portion thereof which is used to accommodate, for compensation, five or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensation shall include compensation in money, services, or other things of value.

Building. Any enclosed structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind.

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

Building height. The vertical distance measured from the average elevation of the finished grade adjoining the building to the highest point of the roof surface, if a flat roof; to the deck line of mansard roofs; and to the mean height level between caves and ridges for gable, hip and gambrel roofs.

Building permit. A permit issued by the regional building department, for building development, after compliance with this title, the Pikes Peak Regional Building Code and other codes or ordinances adopted by the city.

Building, principal. A building in which is conducted the main or principal use of the lot on which said building is situated.

Business day. Each day of the week excluding Saturdays, Sundays, and holidays recognized by the city under section 2.14.510 of the Fountain Municipal Code. Half-day holidays shall be treated as a full day holiday.

Carport. A covered structure intended to provide minimal sheltering of motor vehicles. Carport may be constructed of standard building materials e.g. wood, metal, or composite and covered with standard roofing or a membrane material e.g. plastic, fabric, or composite materials. A carport is an accessory structure to one- or two-family dwelling units. It may be freestanding or attached to another structure. A carport must be entirely open on two or more sides except for structural supports. Carports not open on at least two sides shall be considered a private garage and shall comply with the provisions relating to a private garage.

Certificate of occupancy. Certificate issued by the building department to occupy, or change occupancy in a structure and a finding from the final inspection that the building, structure, or development complies with all provisions of the applicable city codes, permits, requirements and approved plans.

Change of use. A change from one permitted principal use to another permitted use in the applicable zoning district.

Chicken hen. A female chicken over the age of four months.

Chicken run. An area surrounded by a fence where chickens are kept.

Child care facilities. A facility, by whatever name known, that is maintained for the whole or part of a day for the care of children as defined by the Colorado Child Care Licensing Act as amended per C.R.S. tit. 26, art. 6, § 102 (C.R.S. 26-6-102). This term includes, without limitation, facilities commonly known as family care homes, day cares or day care centers, nursery schools, preschools, day camps, and summer camps.

Clinic, medical. A facility used for the provision of medical, dental, surgical, health or mental health care of the sick or injured, operated by one or more duly licensed members of the human health care professions including, but not limited to, physicians, dentists, chiropractors, psychiatrists and osteopaths, where patients are not lodged overnight but are admitted for examination or treatment.

Commercial. An economic activity involving the provision of material goods and commodities or personal or professional skills for economic gain.

Commercial accommodations. A building or group of buildings containing guest units providing transient accommodations to the general public for compensation, and as an accessory use not more than a single dwelling unit. Includes hotel, motel, tourist home, boarding house, lodging house, and dormitories, but not room and board as an accessory use.

Commercial center. See shopping center.

Commercial vehicle or tractor. A large vehicle, with a driving cab, engine, and coupling for trailers, weighing more than 1,800 pounds or has a commercial license.

Common open space. A parcel of land or water or combination of both located within the site designated for a planned unit development, designed for leisure and/or recreational use and intended primarily for the use or enjoyment of the residents of the planned unit development. The term shall not include space devoted to streets, parking areas, loading areas and accessory buildings. Such common open space is generally owned and maintained through a homeowner's association.

Community center. A meeting place used by members of the community for social, cultural, or recreational purposes.

Comprehensive Development Plan, City of Fountain. Unless otherwise stated, it is the comprehensive development plan as adopted by the planning commission and approved by the city council to provide long-range development recommendations, policies, and programs for the community.

Concentrated animal feeding operation (CAFO). An operation for the growing, feeding and fattening of livestock and/or poultry for commercial purposes, where:

1.

The animals are confined within a closed structure and/or the animals are kept within permanent corrals, pens, or yards;

2.

Food is supplied by means other than grazing, foraging, or other natural means; and

3.

These animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 consecutive days or more in any 12 month period.

4.

A CAFO is a large or medium AFO, as defined by the United States Environmental Protection Agency, National Pollutant Discharge Elimination System Regulations (NPDES).

Construction equipment. See definitions of vehicle and heavy equipment.

Construction equipment business. An operation, which includes sales, a storage yard, and/or a repair garage for construction equipment.

Contractor yard. A service establishment primarily engaged in general contracting or subcontracting in the construction, repair, maintenance or landscape trades. It may include administrative offices, workshops and the indoor or outdoor storage of tools, equipment, materials, and vehicles used by the establishment.

Corral. An enclosure for confining or capturing livestock, including a pen, riding arena or paddock.

Crop farm. Land used for the growing, processing, storage, and/or packing of agricultural products such as, but not limited to, vegetables, fruits, grains, seeds, flowers and ornamental crops. This includes associated crop preparation, harvesting, and processing activities, such as mechanical soil preparation, irrigation system construction, spraying, and crop processing.

Density. The number of dwelling units that may be constructed per acre. The calculation of gross residential density shall be performed in the following manner:

1.

Determining the density. The gross acreage of all the land within the boundaries of the development shall be included in the density calculation except:

a.

Land previously dedicated, purchased or acquired for any public use; and

b.

Land devoted to nonresidential uses such as commercial, office, and industrial or civic uses.

2.

The foregoing gross acreage calculation shall be shown in a table format on the development plan and shall form the basis for calculating the gross residential density.

3.

The total number of dwelling units shall be divided by the gross residential acreage. The resulting gross residential density shall also be shown in a table format on the development plan.

Detoxification center. A residential facility, which provides 24 hour medical supervision, lodging, and meals to individuals who need help to remove the effects of alcohol or drugs.

Development. The act of carrying out any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into two or more parcels. When appropriate in context, development shall also mean the act of developing or the result of development.

1.

Development shall also include:

a.

Any construction, placement, reconstruction, alteration of the size, of a structure on land;

b.

Any increase in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development;

c.

Any change in use of land or a structure;

d.

Any alteration of a shore or bank of a river, stream, lake, pond, reservoir or wetland;

e.

The commencement of drilling oil or gas wells, mining, stockpiling of fill materials, filling or excavation on a parcel of land;

f.

The demolition of a structure;

g.

The clearing or grading of land as an adjunct of construction;

h.

The deposit of refuse, solid or liquid waste, or fill on a parcel of land;

i.

The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property; and

j.

The construction of a roadway through or adjoining an area that qualifies for protection as a wildlife or natural area.

2.

Development shall not include:

a.

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way;

b.

Work by any public utility for the purpose of inspecting, repairing, renewing or constructing in established rights-of-way any mains, pipes, cables, utility tunnels, power lines, towers, poles, or the like; provided, however, that this exemption shall not include work by a public entity in constructing or enlarging mass transit or fixed guide way mass transit depots or terminals or any similar traffic-generating activity;

c.

The maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure;

d.

The use of any land for an agricultural activity;

e.

A change in the ownership or form of ownership of any parcel or structure; or

f.

The creation or termination of rights of access, easements, covenants concerning development of land, or other rights in land.

Development agreement. An agreement with the city, including a subdivision improvements agreement, which clearly establishes the terms and conditions of the development approval, including the applicant' s responsibility regarding project phasing, the provision of public and private facilities and improvements, and any other mutually agreed to terms and requirements. The agreement may also serve to implement the site specific development plan which establishes vested rights as determined by section 17.06.030 of these regulations.

Drinking establishment. A place, which is primarily engaged in the sale of alcohol for consumption in the premises. Drinking establishments shall include nightclubs, beer gardens, breweries, tap and tasting rooms, and bars where no food service is provided by the business.

Driveway. A private access roadway that leads to a single lot.

Dwelling, multifamily. A building or portion thereof, designed for or occupied by three or more families, living independently of one another and having separate entrances for each dwelling unit. This definition includes townhouses, apartments and condominiums, but not motels or hotels.

Dwelling, single family. A detached principal building arranged, designed, and intended to be occupied by not more than one family.

Dwelling, two-family or duplex. A detached principal building arranged, designed and intended to be occupied by not more than two families, living independently of one another and having separate entrances for each dwelling unit.

Dwelling unit. One or more rooms or structures designed for occupancy by an individual or family for living and sleeping purposes, containing rooms with internal accessibility and no more than one kitchen, for use solely by the dwelling unit's occupants. The word "dwelling unit" shall not include tents, recreational vehicles, trailer coaches, hotels, motels, guest house, mother in law apartment, or other structures designed or used primarily for transient residents.

Eating establishment. Business primarily engaged in the sale of food. Includes bakeries, delicatessens, coffee shops, fountains, sandwich shops, restaurants, all of which may provide off-site catering services. Alcohol may be served on the premises, however, it shall not be the primary product sold.

Educational institution. Public schools, non-public schools, and schools administered and operated by the state. The following definitions shall apply to the various types of educational institutions:

1.

Public schools include those schools administered by legally organized school districts;

2.

Non-public schools include all private, parochial and independent schools which provide education of compulsory school age pupils comparable to that provided in the public schools of the state.

Elderly. A person over the age of 60 years.

Emergency health care facility. Establishments having as its sole purpose the provision of emergency health care and emergency medical treatment for human ailments. No overnight accommodations for patients are available.

Enforcement officer. A duly appointed code enforcement officer, city manager or the city manager's designated representative.

Enforcement order/compliance agreement. An order from the administrative hearing officer (AHO) or an agreement between the AHO and the responsible party in which a timeframe and other requirements for code compliance are clearly stated, including any penalties for noncompliance.

Entertainment facility/complex. Includes one or more of the following: bowling alley, arcades, movie theaters, dinner theaters, skating rinks, billiard parlors, teen clubs, concert or music hall, organizational clubs and other similar uses, not including adult-oriented uses.

Environmental assessment study. A report, which may be required of general plans, which assesses all the environmental characteristics of an area and determines what effects or impacts will result if the area is altered or disturbed by a proposed action.

Exterior elevations. The front, side and rear exterior walls of a building, indicating grade lines, elevations and heights of all walls, building height, roof materials, parapets, roof pitch, overhangs, scuppers, downspouts and other roof elements such as photovoltaic and chimneys, rooftop mechanical equipment and associated screens, doors, windows, sky lights and light fixtures, decks and associated materials, sign locations and heights, exterior colors and materials.

FAA. The Federal Aviation Administration.

Fabrication. The construction of a specific good through the assembly of premanufactured parts, which require no processing modification.

Factory built home. A single family dwelling which is partially or entirely manufactured in a factory and designed for long-term residential use; built in multiple sections, each on a chassis which enables it to be transported to its occupancy site. Factory built homes must be constructed to the standards of the State of Colorado Factory Built Housing Construction Certification Code (8, CCR 1302-3) and bear a certification insignia in compliance with those standards.

Family. Any number of persons related by blood, marriage, or adoption, a group of not more than five persons who need not be related by blood, marriage, or adoption, or no more than eight developmentally disabled persons and appropriate staff living together as a single housekeeping unit and sharing common living, sleeping, cooking, and eating facilities in a dwelling unit.

Family care home. A home, by whatever name known, that is maintained for the whole or part of a day for the care of children as defined by the Colorado Child Care Licensing Act as amended per C.R.S. tit. 26, art. 6, § 102 (C.R.S. 26-6-102).

Farming. Land used for the production of animals, poultry, milk, fur, crops, industrial hemp, trees or sod, including plowing, tillage, cropping, installation of best management practices, seeding, cultivating or harvesting for the production of food or fiber products. See also: animal farm, poultry farm, dairy farm, fur farm, hemp farm, ranching, sod farm and tree farm.

Flood insurance rate map (FIRM). An official map of a community, on which the federal insurance administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.

Floodplain. 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 elevation more than one foot. That part of the flood plain subject to a one percent chance of flooding in any given year is designated as an area of special flood hazard by the Federal Insurance Administration. The floodplain includes unstudied areas outside of FEMA-regulated floodplains.

Floor area (gross). The sum of the gross horizontal area of all the floors or a building utilized for principal and accessory uses.

Fowl, barnyard. Domestic poultry normally raised on a farm, including chicken, duck, goose, turkey, pigeon or other similar domestic fowl and specifically excluding rooster, cock, peacock, guinea fowl or other cock.

Front or face, building. The outer surface of any building, which is visible from or abuts at its property line, a public or private street, or highway.

Garage, private. An accessory portion of a main building, designed for the shelter and storage of motor vehicles owned or operated by the occupants of the principal building only and which is not used for the storage, care or repair of motor vehicles for commercial purposes.

Greenhouse or nursery, commercial. An enclosed structure used for cultivating plants in a controlled climate for commercial purposes.

Group home. A state-licensed group home for the exclusive use of up to eight persons: (a) with intellectual and developmental disabilities; (b) 60 years of age or older, who do not need nursing facilities; or (c) with behavioral or mental health disorders, as that term is defined in C.R.S. § 27-65-102. Groups homes for the aged and for the mentally ill shall not be located within 750 feet of another such group home.

Hazardous waste. Any material, which is defined as such by federal or state law.

Hazardous waste facility. A facility used for the storage and treatment of hazardous waste.

Health care support facility. A residential facility where lodging, meals and counseling services are provided to families of individuals diagnosed with a terminal illness or an illness requiring long-term hospital care.

Health/fitness club. A private facility providing fitness instruction and exercise equipment for use by paying members and/or guests.

Heavy equipment. Large machinery and equipment used for construction and building purposes. This definition shall include, but is not limited to, bulldozer, tractors, graders, caterpillars, dump trucks and trailers. This term shall also include the term construction equipment. See definition of vehicle.

Hemp farm. Land used for the growing, processing, storage, and packing of industrial hemp.

Home-based business. Any nonresidential use conducted entirely within a dwelling unit and carried on solely by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling unit for dwelling purposes and is considered a gainful occupation or profession conducted as an accessory use in a residential district.

Home-based day care. A state-licensed or legally exempted operation as determined by the Colorado Child Care Licensing Act as amended per C.R.S. tit. 26, art. 6, Child Care Centers (C.R.S. 26-6) which is located in the family residence that provides regularly scheduled temporary care for six or fewer children, including those children or adults who reside in the home.

Home improvement center. A business, which offers for sale hardware, tools, lumber, electrical and plumbing supplies, or similar construction materials.

Home occupation. See home-based business.

Impervious surface. Any material that substantially reduces or prevents the infiltration of storm water into previously undeveloped land. Impervious surface shall include any surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

Industrial or business park. A group of office, warehouse and/or light industry uses that are planned and constructed on the same or adjacent lots as a total entity that may have common architectural design, landscaping and signage in accordance with an approved plan.

Industry, heavy. Those industries whose processing of products results in the emission of atmospheric pollutants, light flashes, glare, odor, noise, or vibration which may be heard or felt off the premises, and those industries which constitute a fire or explosion hazard.

Industry, light. Those industries whose processing or products results in none of the conditions described for heavy industry.

Institutional use. A general term meant to encompass a variety of public and quasi-public uses such as educational facilities, religious institutions, hospitals, libraries, cemeteries and various governmental facilities.

Junk. Any used broken, discarded, or abandoned materials. This term shall include wood, paper, glass, rags, rubber, metal, concrete or other personal property, whether of value or valueless, and which may or may not be partly or wholly assembled into motor vehicles, machinery or other useful objects of any kind. It shall also include motor vehicles, appliances and any parts thereof, which are no longer in an operable condition, and mobile homes or travel trailers which are abandoned, being dismantled or partially dismantled.

Junkyard or salvage yard. The use of any lot or tract of ground for the sale, storage, display, dismantling, demolition, abandonment or discarding of junk in the open air.

Kennel. Any building, structure or open space used in whole or in part for the purpose of boarding, breeding or sale of household pets or for the raising or harboring of more than four dogs above the age of four months.

Landscaped area or landscaped strip. A defined area within a parcel of land or along or within a right-of-way that is dedicated to permanent landscaping, which does not contain a building or structure, other than those allowed per this title and which area may not include areas that are only grass. Landscape materials shall include but not be limited to shrubs, trees, ornamental grasses, mulch, stone or similar matter.

Landscaping. The improvement of a parcel of land with any combination of living plants, such as trees, shrubs, vines, ground covers, flowers or lawns; natural features and non-living ground covers such as rock, stone and bark; and structural features, such as foundations, reflecting pools, art works, screening, fences and benches that are native or adaptable to the climatic conditions of the City of Fountain area.

Livestock, domestic. Any farm animal customarily kept by humans for the purpose of providing food, clothing, or work and for the purposes of this title, limited to swine, sheep, cattle, horses, mules, goats, rabbits and barnyard fowl, but not including household pets.

Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, area, and to provide such yards and other open spaces as are required by this title. Such lot shall have frontage on an improved public street, and may consist of:

1.

A single lot of record.

2.

A portion of a lot of record.

3.

A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.

4.

A parcel of land described by metes and bounds.

Lot area. The area of a horizontal plane bounded by the front, side and rear lot lines.

Lot depth. The distance between the midpoints of the front lot line and the mid-point of the rear lot line.

Lot line, front. That boundary of a lot, which abuts a dedicated public street. In the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front line shall be designated by the owner and filed with the regional building department.

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

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

Lot of record. A lot, which is part of a subdivision recorded in the office of the El Paso County Clerk and Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Lot width. The distance parallel to the front lot line, measured between side lot lines at the front building setback line.

Manufactured home. A structure which is designed primarily for long-term occupancy as a residence, is partially or wholly manufactured in a factory or at a location other than the site of the completed home, contains sleeping areas, a flush toilet, a tub or shower bath and kitchen facilities, has plumbing and electrical connections provided for attachment to outside systems, is transportable in one or more sections, can be installed on a permanent foundation, and meets all established snow loads. "Manufactured home" does not include park trailers, camper trailers, travel trailers, or other similar vehicles.

1.

Type I: A manufactured home which is transportable in two or more sections, has brick, wood or cosmetically equivalent exterior siding and a pitched roof, is not less than 24 feet wide at its narrowest dimension and 36 feet long and has a minimum floor area of 1,000 square feet, and is certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.C. 5401 et seq., as amended, and all regulations enacted pursuant thereto or is certified by the State of Colorado as being in compliance with the requirements of the uniform building code as adopted by the State of Colorado and enforced and administered by the Colorado Division of Housing.

2.

Type II: A single-section manufactured home which is designed to be transported on its own or detachable wheels or on a trailer, is eight feet or more in width at its narrowest dimension and 32 feet or more in length, and bears a label certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Except where the context requires a different interpretation, "type II manufactured home" shall be deemed synonymous with "mobile home."

Manufactured housing park. A parcel of land containing two or more spaces with required improvements and utilities that are leased for the long-term placement of manufactured homes.

Manufactured housing subdivision. A parcel of land subdivided into lots, each lot individually owned and utilized as the site for placement of a single family manufactured home or single family factory built home.

Manufacturing. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors.

Mining operation. Activities conducted on the surface or underground for the exploration, development or extraction of minerals and natural resources including, but not limited to, sand, gravel, top soil, limestone and coal from their natural occurrences and the cleaning, concentrating, sorting, crushing, refining or other processing or preparation and locating for transit of crude natural products at or near the mine site.

Mobile home. See definition for manufactured home. Except where the context requires a different interpretation, "mobile home" shall be deemed synonymous with "type II manufactured home."

Mobile home park. Any park, trailer park, trailer court, camp, site, lot, parcel, or tract of land designed, maintained or intended for the purpose of supplying a location or accommodations for any mobile home, manufactured home or factory built home and upon which any mobile home, manufactured home or factory built home is parked and shall include all buildings used or intended for use as part of the equipment thereof whether a charge is made for the use of the mobile home park and its facilities or not. Mobile home park shall not include automobile or trailer sales lots on which unoccupied trailers or mobile homes are parked for purposes of inspection and sale.

Mobile home subdivision. A parcel of land subdivided into lots, each lot individually owned and utilized as the site for placement of single family mobile homes, manufactured homes and factory built homes. Such a subdivision shall not be included in the definition of a mobile home park.

Modular structure. A factory fabricated, transportable building or major component designed for use by itself or for incorporation with similar units on-site into a structure for residential, commercial, educational, or industrial use. Their lack of an integral chassis or permanent hitch to all future movement and permanent placement distinguishes them from manufactured housing.

Nursing home. A state licensed health care facility which provides essential care on a 24 hour basis by medical professionals to provide short term convalescent or rehabilitative care or long term care to individuals who by reason of advanced age, chronic illness or infirmity are unable to care for themselves.

Office, administrative, business or service. Use of a site for business, professional, or administrative offices excluding medical offices. General offices are characterized by a low proportion of vehicle trips attributable to visitors or clients in relation to employees. Typical uses include real estate, insurance, management, travel, or other similar business offices; organization and association offices; law, architectural, engineering, accounting, telemarketing or other professional offices.

Open space. That portion of a site which is left in its natural state or specifically designated to be used for recreation, resource protection, agriculture, greenbelt or amenity and is not covered with structures, roads or parking areas. The types of lands and reasons for preservation include, but are not limited to the following:

1.

Health and safety. Lands that may be needed for the health and safety of the community: areas required for the recharge of groundwater, reservoirs and surrounding lands, lands with vegetation ensuring better air quality, high wildfire danger zones, steep slopes, floodplains, buffers around airports and similar facilities.

2.

Community resource. Lands that might be a resource for the community: farmland, rangeland, lakes, streams, rivers, wetlands, forests, mines, etc.

3.

Ecological value. Lands that might be ecologically valuable areas: habitat for animals and plants, unique ecosystems, etc.

4.

Diversity of activities. Lands that could provide a diversity of activities for the public: public parks, areas with outstanding historical, educational, cultural, or archaeological value, areas providing access to rivers and streams.

5.

View sheds. Lands that may provide view sheds and/or aesthetically pleasing experiences: lands that provide aesthetic relief and pleasure to the public.

6.

Community separators. Lands that may provide or act as community separators providing a buffer between communities.

Open space, residential. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for the public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

Open space, nonresidential. The gross area of a lot or tract of land minus all streets, driveways, parking lots, and building areas, which is to be or has been landscaped or developed for use by the public, owners or tenants of the lot or tract of land for private, common, or public enjoyment. Open space may include landscaping, internal walkways, bike paths, pedestrian access and outdoor seating areas.

Owner, lessee, or occupant. One who owns, leases, or occupies any lot or parcel of land in the city or any agent, manager, tenant, representative, or employee of such owner, lessee, or occupant, having control of any occupied or unoccupied lot or parcel of land in the city, including, without limitation, public and utility easements and drainage ways within such property.

Parcel. A designated area of land which is not part of a subdivision plat that has been created by deed, survey map, or exemption and recorded in the office of the clerk and recorder. A parcel is described by metes and bounds.

Parking area. The total area encompassed by off-street parking spaces, which are available to customers, employees, residents, and visitors to the designated area, with our without time limits, as well as the total area encompassed within all access and egress routes designed for use by motor vehicles. A parking area includes emergency access lanes and loading area spaces.

Parking facilities. An area, striped for parking that is primarily used for parking vehicles for any given period. Related facilities and definitions include but are not limited to the following:

1.

Surface parking lot. An uncovered, off-street, hard-surface lot striped for parking.

2.

Parking garage. A parking lot, typically multi-level, that offers covered parking.

Pasture. An area of land on which there is a growth of forage that animals may graze. Pastures may include fencing only for rotating livestock while grazing but will not allow fencing for corral purposes.

Perimeter landscape area. A minimum landscaped strip on private property along the entire perimeter area adjacent to a public street right-of-way. The required landscape strip shall be measured from the property line. Driveways and sidewalks may traverse this area in order to allow limited access.

Person. The word person shall also include association, firm, co-partnership or corporation.

Pikes Peak Regional Building Code. The currently adopted edition of the Pikes Peak Regional Building Code and secondary codes refereed to therein as adopted as the Building Code of the City of Fountain, Colorado as adopted under chapter 18.04 (Building Code) of title 18 (Building Codes) of the Fountain Municipal Code which regulate building and construction

Place of worship. See definition for religious institution.

Planned unit development (PUD). A development to be construed by a single owner or group of owners acting jointly, involving a related group of buildings and associated uses planned as an entity and developed and regulated as one complex land unit rather than as a mere aggregation of individual buildings located on separate unrelated lots. A planned unit development consists of, at a minimum, a map and adopted ordinance setting forth the regulations governing, and the location and phasing of all proposed uses and improvements to be included in the development.

Poultry farm. An agricultural operation where chickens, turkeys, ducks, geese, or other domestic fowl are kept, raised, bred, or slaughtered for eggs or meat for the purposes of commercial sale.

Preliminary site development plan. A proposed site plan and any accompanying materials as required by this title, which provides sufficiently detailed information so that the applicant and City of Fountain may reach preliminary agreement as to the form and content of the plan within the objectives of this title.

Property. In reference to real property means any occupied or any unoccupied lot or parcel of land in the city including, without limitation, public and utility easements and drainage located within any lot or parcel of land in the city.

Public view. Public view means visible from the street or other public right-of-way. Upon complaint to the enforcement officer by an owner, occupant or lessees of a lot or parcel, public view includes being visible from the owner's, occupant's or lessee's lot or parcel of land.

Race track. An establishment which provides a course for racing animals or motor vehicles, an area for spectators, stables or kennels for animals and parking lots.

Recreational area/facility. A place designed and equipped for the conduct of sports, leisure time, activities, and other customary and usual recreational activities.

Recreational vehicle. A vehicle used for temporary habitation and used for travel, vacation, and recreation purposes. This term shall include, but is not limited to, travel trailers, campers, motor homes, truck campers, and similar vehicles. Should be compliant with ANSI RVIA standards.

Religious institution. An establishment primarily for the conduct of religious activities, limited to sanctuary, educational classrooms, daycare, committee and office work, a single parsonage/rectory, or religious camp. This term includes the terms church, temple, seminary, retreat, monastery, and similar terms.

Repair garage. A building used for vehicle repair and accessory storage or parking of vehicles, which are awaiting service or pickup, but excluding automobile body and paint shops and the storage of junk vehicles. The term includes more specific repair garages for particular vehicles such as automobile repair garage, recreational vehicle repair garage, and truck repair garage.

Responsible party. Responsible party means a person or entity who is suspected of violating the Zoning Ordinance of the City of Fountain, title 17 of the Fountain Municipal Code, or in the case of property violations, the responsible party may also be the property owner, the occupant, or an individual or an entity who, acting as an agent or in any other legal capacity on behalf of the owner has authority over property subject to an administrative citation under this title.

Restaurant. An establishment whose primary business is the sale of food in a ready to consume state and may also sell alcoholic beverages.

Retail sale. A sale to the ultimate consumer for direct consumption and not for resale.

Retirement home. A residential facility other than a hotel, where for compensation paid either directly or indirectly, lodging and meals are provided for the elderly (over 60-years-old). No continuous medical or personal care is provided by the operators of the home.

Self-storage facilities. A building or portion thereof dividable into separate compartments, which are individually rented or leased for storing the renter's or lease holder's property. Goods stored within the self-storage facility shall not be offered or displayed for sale at the facility. Accessory uses may include the exterior storage of camping trailers, motorized homes, boats, etc., in areas designated and approved for such storage.

Service station. An establishment which provides routine daily service and maintenance to vehicles including, but not limited to, gasoline filling, oil changes, tune-ups, engine lubrication, tire changing and repair and muffler repair, but does not include removing engines or transmissions, painting or body work.

Services, public. Public services include fire protection and suppression, law enforcement, public health, education, civic and art, recreation, environmental protection, and other governmental services. This includes fire and police stations and their associated training facilities, public health and ambulance facilities, municipal administration buildings and public educational institutions.

Setback. The shortest distance between a front property line and the building restriction line or structure projected to the side lot lines, and including driveways and parking areas, except where otherwise restricted by this title.

Setback, corner lot. Required front setbacks from a corner lot are measured from the shortest property line abutting the street right-of-way.

Shelter, homeless. A residential facility, which provides temporary group lodging and meals to individuals in need due to poor economic circumstances or social disability.

Shopping center. A group of retail and service establishments located in a complex which is planned, developed, owned or managed as a unit, with off-street parking provided on the property.

Sign. Any material, structure, or device, or part thereof, composed of letter or pictorial matter, or on which lettered or pictorial matter is placed when used or located outside or on the exterior of any building, including an inside window display area, for display of an advertisement, announcement, notice, directional matter, or name; and includes sign frames, billboards, readerboards, sign boards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs; and also includes any announcement, notice, directional matter, or name; and also includes any announcement, declaration, demonstration, display, illustration, or insignia used to advertise or promote the interest of any person or business when the same is placed in view of the general public.

Site development plan/final development plan. A detailed graphic representation drawn to scale of a proposed development which depicts the specific land uses, site design, and dedication requirements for the property utilized for purposes of establishing vested rights. The site specific development plan provides information including, but not limited to, the building locations and exact footprints, parking areas and designs, ingress or egress, access and utility easements, a detailed landscape plan and location and size of signage. The approved site specific development plan becomes the official plan for the property and is the final site plan submitted with the request for a vesting of property rights. Physical development of the property shall be in strict conformance with the approved site specific development plan. A final plat for a residential subdivision shall constitute a site specific development plan.

Solid waste. Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial or commercial operations or from community activities. Solid waste does not include any solid or dissolved materials in domestic sewage, or agricultural wastes, or solid or dissolved materials in irrigation return flows, or industrial discharges which are point sources subject to permits under the provisions of the Colorado Water Quality Control act, article 8 of title 25, C.R.S., or materials handled at facilities licensed pursuant to the provisions on radiation control in article 11 of title 25, C.R.S.

Solid waste disposal site and facility. The location and facility at which the deposit and final treatment of solid wastes occur.

Special event. An event or happening organized by any person which will generate or invite considerable public participation and/or spectators for a particular and limited purpose and time, including, but not limited to, fun runs and walks, rodeos, parades, carnivals, shows, exhibitions, circuses and fairs. Special events are not limited to those events conducted on the public streets but may occur entirely on private property.

Stable, commercial riding. A building where horses are boarded for remuneration and/or where horses are kept for sale or hire.

Stable, private. A building where horses are boarded and owned by the occupant of the premises and are not kept for remuneration, sale or hire.

Storage areas, outdoor. The keeping outdoors of any equipment, goods, material, merchandise, or supplies, in the same place for more than 24 hours.

Striping. The act or process of marking or delineating parking spaces. All required off-street parking and loading spaces shall be marked and maintained with durable paint in stripes a minimum of two inches wide and extending all but one foot of the length of the parking space.

Structural alteration. Any change which would tend to prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, girders, floor or roof joists.

Structural height. The vertical distance measured from grade to the highest point of the structure. It does not include onsite built structures.

Structural setbacks. A line marking the minimum distance a building may be erected from a street, alley, or lot line, as measured from the nearest line or point of the building, including eaves, cantilevered areas, or other extensions from the main portion of the building.

Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes and signs, but do not include fences or walls seven feet or less in height.

Structure, non-conforming. Any legally existing structure which does not conform to the regulations of these regulations, either at the effective date of this these regulations or as a result of subsequent amendments which may be incorporated herein.

Tiny home. A unit built on a permanent chassis, with no attached motor as the means of propulsion, constructed to HUD or IRC standards as regulated by the state division of housing, to be used as a dwelling unit with the exterior appearance of a single family dwelling unit.

Trash transfer station. A facility at which refuse, awaiting transportation to a disposal site, is transferred from one type of collecting vehicle and placed into another.

Tree farm. Land used to raise or harvest trees for wood products, such as lumber, posts and poles, fuel wood, and Christmas trees where forest products are sold on-site or transported to market. Tree farms typically operate on a production cycle of ten years or less.

Truck. See definition of automobile.

Truck stop. An establishment that provides maintenance, repair, storage and other services to commercial vehicles and their drivers, which may include but are not limited to fuel, accessory or parts sales, overnight accommodations, restaurant facilities, or any combination thereof.

Trucking terminal. A facility designed or intended to be used for the receiving or discharging of cargo and providing for the temporary or permanent storage of the conveyance vehicle.

Use. The purposes for which land or a building is designed or intended or for which either land or a building is or may be occupied or maintained.

Use, accessory. A use subordinate to and exclusively for a purpose incidental to the principal use on the lot. Such uses shall not substantially alter the character of the permitted principal use or structure.

Use, conditional. A use other than those permitted which must meet certain conditions to insure compatibility with the land uses in a zoning district before such a use may be approved and permitted by the city council.

Use, principal. The primary purpose or function that a lot serves or is intended to serve.

Use, temporary. A seasonal, short-term or transient land use allowed on a property on a temporary basis.

Useable open space. Ground area, which satisfies visual, recreational, and psychological, needs of residents in a development for light and air. Useable open space may include, but is not limited to, lawns, vegetation, open balconies, open patios, walkways, active and passive recreational areas, fountains, swimming pools, wooded areas, water surfaces, floodplains, drainage-ways, steep slopes and drainage detention areas. Useable open space does not include public rights-of-way, parking lots, driveways, or buildings and structures. Such space shall be available for entry and use by the residents involved.

Utility facilities. Buildings, telephone exchanges, sewage pumping stations, gas, water and electrical substations, regional storm drainage detention facilities and similar facilities located on a specific site and necessary for the operation of a utility. This definition includes major utility facilities and minor utility facilities.

Utility facilities, major. Facilities which potentially have a significant impact on adjacent properties, such as administrative offices and operation centers; electric generation facilities; oil and gas transmission facilities; overhead electrical transmission lines, sewage treatment plants; or sanitary landfills.

Utility facilities, minor. Facilities which do not potentially have a significant impact on adjacent properties and are necessary to provide essential services, such as substations (transmission and distribution); pump stations; water towers and reservoirs; public wells; outfalls; catch basins, retention ponds; water treatment facilities; overhead distribution lines and poles; underground lines and pipes, including water, gas or wastewater trunk lines; transformers and regulator stations; private on-site facilities, such as septic tanks, wells and well houses, etc.

Variance. A modification of the regulations of these regulations as applied to a specific property when authorized by the hearing officer after finding that the literal application of the provisions of these regulations would cause undue and unnecessary hardship in view of the facts and conditions applying to a building or lot.

Vehicle. See definition of automobile.

Vehicle stacking. The minimum required length of an on-site drive aisle necessary to allow for the movement of vehicles within a parking lot to a drive-up window service or other drive-through services without impeding the flow of traffic on-site and off-site. Vehicle stacking distance shall be measured from the point of service and within a designated drive aisle. The required vehicle stacking distance may be distributed between accesses serving the site, provided a minimum vehicle stacking distance of 20 feet is provided at each access point.

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.

Veterinary clinic. Establishments engaged in providing veterinary medical services to small animals, household pets and livestock, and in which animals are boarded only during the duration of medical treatment.

Visibility clearance at intersections (visibility triangle). A space, triangular, on a corner lot, in which nothing shall be built, placed, or grown in a way that would impede visibility. Its purpose is to assure that vehicles and pedestrians have adequate safe visibility. The cut-off is usually defined by either a straight line or a curved line, joined at specific distances from the corner.

Warehouse. A building, or portion thereof, used and appropriated by the occupant for the deposit and safe keeping or selling of his own goods at wholesale or by mail order, or for the purpose of storing the goods of others placed there in the regular course of commercial dealings and trade to be again removed or reshipped.

Wholesale. The sale of goods to a retailer.

Yard. That portion of the open area on a lot extending open and unobstructed from the ground upward, except as otherwise provided in this title.

Yard, front. Measured from the property line abutting the street right-of-way (see setback corner lot for corner lots).

Yard, rear. A yard opposite the front yard and extending the full width of the lot between the rear most portion of the principal building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the nearest portion of the principal building.

Yard, side. A yard between the principal building and the side lot line, extending from the front yard to the rear yard, the width of which shall be the least distance between the side lot line and the principal building.

Zoning administrator. Includes the zoning administrator's designee.

(Ord. No. 1742, § 1, 1-14-2020; Ord. No. 1759, § 2, 2-23-2021; Ord. No. 1790, § 6(Exh. D), 7-11-2023)