(a)

Purpose. The purposes of this Chapter are:

(1)

To encourage the most appropriate use of land throughout the City to ensure logical growth;

(2)

To promote the health, safety, morals, convenience, order and prosperity of the present and future community;

(3)

To lessen congestion in the streets;

(4)

To secure safety from fire, panic, floodwaters and other danger;

(5)

To provide adequate light and air;

(6)

To provide for transportation, water, sewage, schools, parks and other public amenities;

(7)

To prevent the overcrowding of land;

(8)

To avoid undue concentration of population in accordance with the City's Comprehensive Plan; and

(9)

To ensure that impacts of development are appropriately mitigated.

(b)

Construction.

(1)

Where this Chapter imposes a greater restriction upon land, buildings or structures than imposed or required by other ordinances, this Chapter shall control.

(2)

This Chapter states what uses are permitted on particular parcels of property. If a use of property is not expressly permitted pursuant to this Chapter, it is prohibited.

(3)

Where the text of any provision of this Chapter conflicts with any graphic representation or drawing, the text shall control. Similarly, where the text of any document submitted under this Chapter conflicts with any graphic representation or drawing on that document, the text shall control.

(c)

Applicability. This Chapter regulates:

(1)

The height, number of stories and size of buildings and other structures;

(2)

The percentage of lot occupied and the size of yards;

(3)

The density of population;

(4)

The location and use of buildings, structures and land for business, industry, residence and other purposes; and

(5)

Uses on or along stormwater or floodwater runoff channels and basins.

(Prior code 15.02.010; Ord. 32 §1, 2011)

This Chapter shall not be construed to impose liability on the City for any damage to persons or property by reason of any inspection authorized in this Chapter or any failure to inspect.

(Prior code 15.02.030; Ord. 32 §1, 2011)

(a)

Adoption. The Greenwood Village Comprehensive Plan, as amended, is hereby adopted by reference and incorporated herein.

(b)

Purpose. The purpose of the Comprehensive Plan is to set forth the goals and policies of the City and to provide guidance to decision makers concerning the future growth and development of the City. The Comprehensive Plan contains a statement of overall goals, as well as specific goals and policies related to land use, transportation, housing, open space, environment, utilities, parks and recreation and growth.

(c)

Effect. The Comprehensive Plan is advisory only.

(d)

Amendments. Amendments to the Comprehensive Plan shall be made by ordinance, but amendments need not be included in the Greenwood Village Code. All amendments to the comprehensive plan are incorporated by reference in this Article.

(e)

Copies. At least one (1) copy of the Comprehensive Plan shall be maintained in the City Clerk's office and shall be open to public inspection during regular business hours. One (1) copy of the Comprehensive Plan shall be filed with the Arapahoe County Clerk and Recorder.

(Prior code 1.12.010—1.12.040; Ord. 32 §1, 2011)

(a)

The boundaries of the zone districts described in this Chapter are shown upon the zoning map of the City, which is incorporated herein by this reference and is available for public inspection at City Hall.

(b)

Interpretation. When uncertainty exists as to the boundaries of the zone districts shown on the zoning map, the following shall apply:

(1)

Where a district boundary divides a lot, the regulations of the district in which fifty-one percent (51%) or more of the lot is located shall apply.

(2)

Boundaries indicated as approximately following the center line of streets, highways or alleys shall be construed to follow such center lines.

(3)

Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines.

(4)

In the event any other uncertainty regarding zone district boundaries exists, the Director shall be responsible for interpretation of the boundaries.

(c)

Amendments. Following adoption of any zoning change by the City Council, the Director or designee shall be responsible to amend the official zoning map and certify such changes by his dated signature on the official zoning map.

(Prior code 15.06.010, 15.52.160; Ord. 32 §1, 2011)

This Chapter incorporates by reference the following:

(1)

The Revised Greenwood Village Drainage Criteria Manual, as amended is hereby adopted by reference. A copy of the Manual shall be maintained by the City and available for public inspection during regular business hours. Such manual may be amended by resolution of the City Council.

a.

Applicability. The Revised Greenwood Village Drainage Criteria Manual prescribes the minimum design and technical criteria for storm drainage within the City. The Manual: includes requirements for drainage facilities for new development and redevelopment projects; establishes the City's storm drainage policies and floodplain regulations; contains hydrologic criteria and methodology for determining the storm runoff design peak flows and volumes to be used in the preparation of storm drainage studies, plans and facility design; contains environmental protection criteria, including standards for erosion control, non-point source pollution control and wetlands preservation; and adopts as a secondary code the current edition of the Urban Storm Drainage Criteria Manual, first published by the Urban Drainage and Flood Control District, Denver, Colorado, in March, 1969. The purpose of the Urban Storm Drainage Criteria Manual is to prescribe the minimum design and technical criteria for the analysis and design of storm drainage facilities.

(2)

The Greenwood Village Construction Site Management Manual, as amended is hereby adopted by reference. The Community Development Director is authorized to establish design and technical criteria for construction within the City. A copy of the Construction Site Management Manual shall be maintained by the City and available for public inspection during regular business hours. Such manual may be amended by resolution of the City Council.

a.

Applicability. The Construction Site Management Manual prescribes the minimum design and technical criteria for construction within the City. The Construction Site Management Manual: contain criteria for site work permits, including standards for flatwork, grading and landscaping permits; and contain environmental protection criteria, including standards for erosion and sediment control plans.

(3)

The Greenwood Village Design and Construction Standards Manual, as amended, is hereby adopted by reference. The Department of Public Works is authorized to establish standards and specifications for the construction of all public improvements in the City. The standards shall be designed to assure long life, good performance and minimum maintenance. It shall be unlawful for any person to construct, reconstruct or demolish any public improvement in the City except in compliance with Department of Public Works standards and specifications. A copy of the Design and Construction Standards Manual shall be maintained by the City and available for public inspection during regular business hours. Such manual may be amended by resolution of the City Council.

a.

Applicability. The Design and Construction Standards defines and establishes principles, standards and procedures for the planning, design, approval, construction, inspection, testing and documentation of public improvements. The Manual includes requirements for transportation Impact studies, soil investigations, pavement design, lighting, landscaping, trenching, and street, pedestrian and bicycle facilities for development and redevelopment projects in the City.

(4)

All appropriate City of Greenwood Village Application Checklists, as amended, are hereby adopted by reference. Copies of the checklists shall be maintained by the City and conform to requirements established by the Director.

a.

Applicability. The Application Checklists provides a list of the different types of information and documentations to assist the applicants with the submittal requirements of applications for annexation, Comprehensive Plan amendments, rezoning, MDP, SDP, PUD, SUP, PSP, landscaping plan amendments, telecommunications facilities, variances, appeals, major subdivisions, minor subdivisions, preliminary plats, final plats, vacations of public rights-of-way or easements and exceptions to the subdivision requirements which are subject to submittal requirements contained in the Submittal Requirements table and to the review procedures set forth in Division 2 of this Article.

(5)

It is declared to be a nuisance for any owner, developer or occupant of any real property within the City to fail to comply with any of the provisions of any of the referenced Manuals and such nuisance may be abated pursuant to Chapter 7 of this Code. In addition, any violation may result in a fine in accordance with the provisions of Section 1-4-20 of this Code.

(6)

Each day during which the illegal construction, reconstruction, alteration, maintenance, use or noncompliance with conditions continues shall be deemed a separate offense and shall be punishable as such.

(Prior code 12.16.020; Ord. 32 §1, 2011; Ord. 3 §1, 2014)

Upon receipt of an application for any rezoning, plat, MDP, SDP, PUD, FDP, SUP, or PSP, variance, vacation of right-of-way or building permit, the Director shall, before processing said application, first determine that there are no violations of this Code on any property included in the application. If the Director finds any violations, the Director shall notify the applicant in writing and shall not process the application until the violation has been corrected.

(Prior code 15.56.005; Ord. 32 §1, 2011)

Upon discovery of any violation of this Chapter, the Director may issue a stop order requiring that all work on the property cease until the violation is eliminated. If the stop order is given verbally, it shall be followed by a written stop order within forty-eight (48) hours thereafter. It is unlawful for any person to perform any work in violation of a stop order.

(Prior code 15.56.010, 15.56.030; Ord. 32 §1, 2011)

(a)

The following are unlawful and shall be considered violations of this Chapter:

(1)

A violation of any provision of this Chapter;

(2)

Failure to comply with an order to discontinue or remove any violation of the Chapter within the time period stated in the order; or

(3)

Failure to comply with any condition, requirement or limitation imposed upon any zoning or rezoning plat, MDP, SDP, PUD plan, FDP, SUP or PSP.

(b)

Violations of this Chapter shall be punished by a fine of not more than four hundred ninety-nine dollars ($499.00).

(c)

A conviction of an offense under this Chapter for which the penalty may not exceed a fine of four hundred ninety-nine ($499.00) with no possibility of imprisonment does not constitute a crime and the punishment imposed shall not be deemed for any purpose to be penal or criminal punishment. Any person charged with such an offense shall not have a right to trial by jury

(d)

In addition to the above penalty, the Director may choose to schedule a hearing before the Planning and Zoning Commission to determine whether the violation warrants a revocation of a license or permit held under this Chapter. Notice of the hearing shall be sent to the license or permit holder by U.S. mail not less than fourteen (14) days prior to the hearing. The license or permit holder may appeal the Planning and Zoning Commission finding to the City Council by filing an application for appeal within seven (7) days of the date such findings were made. In the event the Planning and Zoning Commission, or City Council upon appeal, makes a finding that the violation of the license or permit poses an immediate danger to the health, safety or welfare of the general public, it may immediately revoke the license or permit. Upon revocation, no person shall operate a license or permit without obtaining reinstatement.

(e)

If the City Council finds that any person holding a license or permit under this Chapter has violated any provision of this Code and based on that violation, the City Council suspends or revokes such license or permit, the City Council may require that the licensee or permittee pay to the City the reasonable costs incurred by the City, not to exceed fifteen hundred dollars ($1,500.00), in investigating and prosecuting the alleged violation. Such costs shall include the reasonable attorney fees of any special counsel appointed to conduct the investigation and present evidence at the hearing, but shall not include any fees of the City Attorney acting as legal advisor to the City. The costs imposed pursuant to this Section shall be in addition to any other penalty imposed by the City Council or the Greenwood Village Municipal Court, and shall have no bearing on or relationship to any penalty imposed by the Greenwood Village Municipal Court.

(f)

Once a permit or license has been revoked, an applicant may obtain reinstatement of the license or permit by filing a petition for reinstatement with the Director. The Planning and Zoning Commission shall hear and decide on the petition in accordance with the administrative procedural requirements of Section 2-6-50. The Planning and Zoning Commission may approve, conditionally approve or deny the petition. No petition for reinstatement shall be approved or conditionally approved unless the Planning and Zoning Commission finds that the violations which resulted in revocation of the permit or license have been corrected, and that the applicant has provided the City with reasonable assurances that said violations will not occur in the future. In the event the Planning and Zoning Commission denies a petition for reinstatement, the applicant may appeal such denial to the City Council by filing an application for appeal within seven (7) days of the date of the denial. City Council shall conduct a de novo hearing on appeal in accordance with the procedural requirements of Section 2-6-50.

(g)

Violations of this Chapter may also be abated as nuisances pursuant to Chapter 7 of this Code.

(h)

Each day during which a violation continues shall be deemed a separate offense and shall be punishable as such.

(Prior code 15.02.040, 15.56.030, 15.56.040, 15.62.080; Ord. 10 §1, 2011; Ord. 32 §1, 2011)

(a)

Except as otherwise expressly provided by law, no plat, MDP or SDP shall be approved unless existing overhead electric and communication utility lines are installed or relocated underground.

(b)

The following shall be exempt from this Section:

(1)

Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts and other facilities necessarily appurtenant to such underground and street lighting facilities when placed above ground within a utility easement or public right-of-way, as appropriate;

(2)

Facilities reasonably necessary to connect underground facilities or permitted overhead or aboveground facilities;

(3)

As approved by the City, overhead electric transmission and distribution feeder lines and overhead communication long distance trunk and feeder lines, existing or new; and

(4)

Any property for which the Director determines that the cost of undergrounding substantially outweighs the public benefit of undergrounding due to the size and number of lots involved.

(Prior code 14.04.015; Ord. 32 §1, 2011)

For purposes of this Chapter, the following terms shall have the following meanings:

Access to a public street means frontage on an existing public street built to the standards of this Chapter, a public street offered for dedication as part of a proposed subdivision and acceptable to the City, or a public street dedicated to the City on a recorded plat.

Accessory structure means a subordinate structure, such as a patio, hot tub, outdoor kitchen, swimming pool, or accessory building, the use of which is customarily incidental to that of the principal use on the same lot, but does not include decorative features such as fountains, ponds, and lawn ornaments or art customarily found in the residential zone district.

Accessory use means a subordinate use which is customarily incidental to the principal use of a lot or building located on the same lot.

Adjacent lot means a lot sharing a common point with the lot line of the subject lot or a lot that would share such a point were it not for the presence of a street or right-of-way.

Agriculture means the use of land for agricultural purposes, including farming, dairying, horticulture, grazing and animal and poultry husbandry.

Antenna means an exterior transmitting or receiving devices mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

Art studio or gallery means work space for one or more artists or artisans and/or a commercial establishment in which works of art are bought, sold, loaned, appraised, or exhibited to the general public.

Assisted living facility means a long-term care facility for elderly or disabled people who are able to move around on their own but may need help with some activities of daily living, or simply prefer the convenience of having their meals in a central cafeteria and having nursing staff on call.

ASTM means the American Society for Testing and Materials.

Attached garage means a garage attached to a single-family dwelling by all of the following: a common or integrated foundation; architectural continuity; and a common wall or roof element.

Bar means an establishment open to the public and serving alcoholic beverages pursuant a liquor license under State law.

Berm means a continuous earthen mound barrier designed to provide visual interest on a site, screen undesirable views, provide privacy or reduce noise.

BOAA means the Board of Adjustments and Appeals.

Building means a structure which has a roof supported by columns or walls.

Building façade means the exterior walls of a building exposed to public view.

Building ground coverage means the land area covered by a building.

Building height means the height of a building measured as set forth in Article 21, Division 6.

Business service means a commercial establishment that provides services to businesses on a fee or contract basis, including but not limited to mailing centers, repair service centers, and catering facilities.

Car wash means a commercial establishment containing facilities for washing or waxing automobiles.

Child care center means a facility providing care on a recurring daily or weekly basis, at least four (4) days per week and for more than four (4) hours per day, for which service the owner or operator receives any form of remuneration or compensation, for four (4) or more children who are not related to the owner, operator or manager thereof, who do not reside in the facility, who are present primarily during some portion of the daytime hours, and who do not stay overnight, including without limitation facilities commonly known as day care centers, nursery schools, preschools, day camps and summer camps.

Club means an organization catering to members and their guests and conducting activities not principally for financial gain.

Comprehensive Plan means the Comprehensive Plan of the City, as amended.

Controlled intersection means an intersection equipped with a stop sign, yield sign, traffic control signal or other suitable traffic control warning sign.

Construction Site Management Manual means the Greenwood Village Construction Site Management Manual, as adopted by the City Council.

Corner lot means a lot abutting on two (2) or more streets at their intersection, with only one front yard.

Courtyard wall means a decorative wall that is used to enclose an area that has at least one (1) side contiguous with a wall of a residential structure and contains a full-size door entry into the structure.

Craft brewery, distillery, or taproom means a business licensed as a manufacturer of spirituous liquor or fermented malt beverages by the state who distill or ferment less than 45,000 liters on the premises each calendar year and who serve only their manufactured beverages to the public without being required to serve food.

dB(A) means the sound level measure in decibels obtained through use of the A scale.

Deck means an unroofed, unenclosed platform, either freestanding or attached to a building, that is supported by pillars or posts.

Decorative monument means a freestanding pillar structure, which may or may not incorporate a mailbox.

Decorative wall means a courtyard wall, entry wall or wing wall.

Detached garage means a garage that does not share a common wall, roof or foundation with an adjacent dwelling unit.

Detached single-family dwelling means a residential structure designed to house a single-family unit, with a private outside entrance, that does not share a common wall with another dwelling unit.

Director means the Director of Community Development or designee.

Dog run means an area enclosed on one (1) or more sides by a fence intended for holding dogs or other animals for any length of time.

Drainage Criteria Manual means the Greenwood Village Drainage Criteria Manual, as adopted by the City Council.

Drainage study means a study prepared by a professional engineer analyzing a proposed development project's compliance with the Drainage Criteria Manual.

DRC means the Development Review Committee established by the City in the Community Development Department.

Dry cleaner means a commercial establishment where customers drop off, pick up and pay for garments to be dry-cleaned or laundered on or off the premises, but excluding self-serve Laundromats.

Dwelling unit means a housekeeping unit designed and used for occupancy by a single individual or a family and containing cooking, living, sleeping and sanitary facilities, and having a separate entrance.

Enclosed means having a roof and all sides closed to the weather with walls, windows or doors.

Entry wall means a freestanding decorative wall, located at a driveway, walkway or street entrance, which may or may not incorporate a decorative monument.

Equipment rental center means a commercial establishment offering the temporary use of tools, lawn and garden equipment, party supplies and similar goods and equipment in exchange for payment including storage and incidental maintenance.

Extended stay hotel or motel means a hotel or motel in which all rooms contain accommodations for sleeping and a kitchen equipped with a full-sized refrigerator, built-in cooking facilities, microwave, sink, dishwasher, cooking utensils, dishes and cutlery.

FAA means the Federal Aviation Administration or its successor agency.

Family means a group of persons related by blood, marriage or adoption, or by the relationship of guardian, ward or foster family, who may not necessarily be related by blood or marriage, or a group of not more than three (3) unrelated persons living together in a dwelling unit, living together as a single household unit; except that a family shall not include more than one (1) individual, or two (2) individuals related by marriage, required to register as a sex offender pursuant to State law.

Family child care home means a residential household in which state-licensed care is provided for two (2) or more children under the age of thirteen not related to an adult who resides in the home.

Fast-food restaurant means a restaurant with the primary purpose of selling food or beverages in a ready-to-consume state for either consumption on the premises or carry-out, typically containing a drive-in or drive-through facility.

FCC means the Federal Communications Commission or its successor agency.

FEMA means the Federal Emergency Management Agency or its successor.

Fence means a linear structure consisting of wood, metal, wire, vinyl, masonry, stone or other manufactured material, which is intended to define an area, mark a property boundary or provide screening.

Final development plan (FDP) means a final plan adopted for a development site within the MC District to establish precise site and building plans and land uses, street dedication, ground coverage, landscaping detail land and transportation system improvements.

Financial institution means and includes banks, savings and loan associations, credit unions, brokers and dealers of securities and commodities and security and commodity exchanges.

Fitness facility means a facility no larger than ten thousand (10,000) square feet established for the purposes of providing services promoting improvements in strength, flexibility, or endurance to the public or members of the facility.

Fixed wireless antenna means a stationary antenna installed on a customer's property that is designed to receive and transmit commercial nonbroadcast communications signals via wireless technology using radio waves. The term includes, but is not limited to, multichannel multipoint distribution system (MMDS) antennae, wireless cable antennae and other similar technologies. Notwithstanding the foregoing, the term does not include the following: satellite dish antennae, AM/FM radio antennae, citizens band radio antennae, amateur radio (HAM) antennae or digital audio radio services (DARS) antennae.

Footprint means the area included within the surrounding exterior walls of a building, measured at ground level, or the area included within the perimeter of the surrounding supporting elements of a structure, measured at ground level.

Front yard means that portion of a property extending across the full width of the lot between the front lot line and street facing elevation (front facade) of the principal building, provided that there can only be one (1) front yard on a lot.

Freestanding small wireless facility means a freestanding structure designed and constructed primarily for the purpose of supporting one (1) or more antennas for a small wireless facility.

Furniture or flooring showroom means a portion of a commercial building where samples are displayed for sale and the merchandise is later delivered from a warehouse at another location.

Garage means an accessory building or that portion of a principal building designed or used for the shelter of motor vehicles owned or operated by the occupant of the principal building.

Garden orbuilding supply center means that area of a developed retail sales establishment or shopping center devoted to the display and sale of garden supplies or building materials.

General retail store means a place of business selling wares to the public at retail, such as groceries, books, clothing, jewelry, appliances, electronics, gifts, stationery, sports equipment, furniture, alcoholic beverages, hardware, garden supplies, music and musical instruments and similar items, but excluding pawn shops, sexually oriented businesses and used merchandise and thrift stores.

Greenhouse means a building with a roof and sides made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out-of-season plants for subsequent sale or personal enjoyment.

Gross floor area has the same meaning as NFA.

Gross land area means all of the land area within the TC District, including public rights-of-way; provided that, where the boundaries of the TC District include part of the rights-of-way of abutting major streets, such rights-of-way shall be included in the gross land area except when the abutting street is an interstate highway, in which case the gross land area shall not include the right-of-way.

Ground-mounted or pole-mounted accessory solar energy system means a solar energy system used for the production of electrical energy or heat from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy or heat, and any other appurtenant facilities, and which is designed to supply power or heat solely to principal use(s) on the lot. Solar energy systems mounted to the rooftop(s) of the principal residential structure or to the rooftops(s) of approved accessory structures and meeting height limitations of the zone district are not considered ground-mounted or pole-mounted accessory solar energy systems and are not subject to the requirements of Section 16-22-170.

Group care facility means a facility providing custodial care and treatment, or social services, in a protective living environment for persons residing in the facility either voluntarily or by court placement, including without limitation facilities commonly known as group homes for the aged, group homes for the developmentally disabled, group foster care homes, shelters for abused persons, safehouses, nursing homes, intermediate care facilities and residential care facilities licensed by the Colorado Department of Public Health and Environment, but excluding correctional and post-correctional facilities, addiction treatment centers, juvenile detention facilities, temporary custody facilities and facilities which house more than one (1) individual who is required to register as a sex offender pursuant to State law.

Home occupation means an occupation which is conducted within a dwelling unit and is clearly incidental and secondary to the use of the dwelling unit.

Hotel or motel means a building containing guest rooms, which may have eating and drinking facilities, an interior car rental counter and meeting rooms as accessory uses, with a garage or parking area conveniently proximate, and which is intended only for transient occupancy of less than thirty (30) consecutive days.

Kennel means a commercial facility for animal grooming, training, daycare and boarding, including overnight boarding, where the animals are limited to dogs and cats.

LEQ means the equivalent steady state sound level which in a stated period of time would contain the same acoustic energy as the time-varying sound level during the same time period.

Light assembly and manufacturing means fabrication or assembly facilities, packaging facilities and warehouses with no outdoor storage and no production of noise, odor, smoke, heat, glare, air pollution, fire hazards and noxious emissions beyond the property line or so as to cause a disturbance to any other tenant in a multi-tenant commercial building.

Light industrial facility means a place of business for light industrial or high technology uses, including without limitation laboratories, research facilities, fabrication or assembly facilities, packaging facilities and warehouses.

Lot means a parcel of land occupied or designed to be occupied by one (1) building and accessory buildings, including the open space required, or any land designated as a lot on a duly recorded plat.

Lot area means the square footage or acreage of a lot as measured within the boundaries of the lot measured or a horizontal plane upon which the boundaries have been vertically projected, including all easements, to which may be added the area of an abutting street.

Lot depth means the shortest distance from the front of the lot to the nearest point of the back boundary.

Lot frontage means the shortest distance between the sides of the lot along the boundary abutting the street or private road.

Lot width means the distance parallel or nearly parallel to the front lot line measured between side lot lines through that part of the area allowed for structures where the lot is narrowest.

Mailing center means a center open to the public and offering mailing and shipping services, whether publicly or privately owned, including United States Postal Service offices.

Major subdivision means any subdivision that is not a minor subdivision.

Manual on Uniform Traffic Control Devices (MUTCD) means the current edition of the Manual on Uniform Traffic Control Devices, published by the Federal Highway Administration.

Marijuana means all parts of the plant of the genus cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin, including marijuana concentrate. Marijuana does include medical marijuana but does not include industrial hemp, nor does it include fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product.

Marijuana club means an entity that allows members and their guests to consume marijuana or marijuana products on the premises in a commercially zoned area.

Marijuana cultivation facility means an entity licensed to cultivate, prepare and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities and to other marijuana cultivation facilities, but not to consumers.

Marijuana product manufacturing facility means an entity licensed to purchase marijuana; manufacture, prepare and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.

Marijuana testing facility means an entity licensed to analyze and certify the safety and potency of marijuana.

Master development plan (MDP) means a development plan specifying regulations on development of a property, including but not limited to allowed land uses, building floor areas, parking ratios, landscaping and open space requirements, setbacks, building heights, design standards and the street system.

Medical or dental clinic means a treatment facility providing professional medical or dental care but not including natural medicine businesses or in-patient care.

Medical marijuana means marijuana that is grown and sold for a purpose authorized by Article XVIII, § 14 of the Colorado Constitution.

Medical marijuana center means a person licensed to operate a business as described in the Colorado Medical Marijuana Code that sells medical marijuana and medical marijuana-infused products to registered patients or primary caregivers as defined in Article XVIII, § 14 of the Colorado Constitution, but is not a primary caregiver, and which a municipality is authorized to prohibit as a matter of law.

Medical marijuana-infused products manufacturer means a person licensed pursuant to the Colorado Medical Marijuana Code to operate a business manufacturing medical marijuana-infused products, and which a municipality is authorized to prohibit as a matter of law.

Micro wireless facility means a facility that is no larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that have an exterior antenna, if any, of no more than eleven (11) inches in length.

Minor subdivision means a subdivision meeting all of the following conditions:

a.

The property has previously been platted within the City;

b.

There is no public right-of-way dedication;

c.

The resulting subdivision will produce no more than two (2) lots;

d.

There are no exceptions to Article 26 of this Chapter; and

e.

There is no new point of access to an arterial street within the City.

Mobile food service means the preparation or service of food or beverages for immediate consumption to members of the public from a vehicle, cart or portable vending device when such service occurs on a regular basis at a fixed location and for a period of time longer than fifteen (15) minutes within any six-hour period.

Multi-family dwelling unit means a structure or portion thereof designed to house two or more families, with each dwelling unit having a separate entrance.

Natural medicine means psilocybin, psilocyn, dimethyltryptamine, mescaline, ibogaine, or any other substance approved by the state licensing authority as a natural medicine.

Natural medicine business means any business licensed under the State of Colorado Natural Medicine Licensure Rules and includes natural medicine healing centers, natural medicine cultivation facilities, natural medicine products manufacturers, natural medicine testing facilities, and any other entity licensed under the Natural Medicine Licensure Rules to cultivate, manufacture, test, store, distribute, transport, transfer, and dispense natural medicine or natural medicine products in accordance therewith.

Net floor area (NFA) means the sum of the gross horizontal areas of all floors within the exterior walls of a building, including interior balconies and mezzanines, measured to the interior finished faces of the exterior walls of each such floor, but excluding: any floor area devoted to mechanical, electrical or communication equipment or uses, as may be required for the operation of the building, including elevators serving the building or devoted to stairwells; any floor area in a story the ceiling whereof is less than four (4) feet above grade at any point unless the floor area is devoted to office, commercial or service uses; any floor area used exclusively as parking or circulation space for motor vehicles; any floor area in exterior balconies; and any floor area that serves as interior common area open space, such as atriums and lobbies, except that the first floor of any atrium or lobby shall constitute net floor area.

NIM means a neighborhood input meeting.

Noise-attenuating structure means any wall or berm constructed for the purpose of reducing traffic noise from an adjoining public right-of-way.

Nonconforming structure means a lawful structure existing at the time of the passage of the ordinance from which these provisions derive, or any amendment thereto, or a lawful structure existing in unincorporated Arapahoe County prior to annexation to the City, which structure does not conform with the requirements of this Chapter or the building code, as amended.

Nonconforming use means a lawful use existing at the time of the passage of the ordinance from which the provisions of this Chapter derive, or any amendment thereto, which use or structure does not conform with the requirements of this Chapter.

Nursery means a place where trees, shrubs, vines and plants are propagated, grown and cultivated from seed or stock for sale.

Office means a building or portion thereof used for financial services, professional services, insurance sales, real estate services, call centers, medical services, dental services or similar services.

Off-street loading space means an off-street space for the standing, loading or unloading of trucks.

Open space, for the purposes of calculating the percentage of a developed lot, means a public or privately owned and maintained parcel of land or body of water within a development upon which there are no buildings, parking areas, or driveways, but including plazas, sidewalks, trails, space for active and passive recreation, and landscaped areas. Parking lot landscaping and plaza areas without direct pedestrian access from the public way (including roof-top space) are not credited for inclusion in the required open space area calculations. For all other purposes open space means open areas not formally maintained and typically not providing programmed recreational activities.

Optional premises cultivation operation means a person licensed pursuant to the Colorado Medical Marijuana Code to grow and cultivate medical marijuana for a purpose authorized by Article XVIII, § 14 of the Colorado Constitution, and which a municipality is authorized to prohibit as a matter of law.

Outdoor display and sales means the outdoor presentation for open view and retail sale of items or goods, which presentation is made on a sidewalk immediately adjacent to the retail store offering such items or goods for such sale and display, or in a parking lot, including without limitation sidewalk sales, farmers markets, outdoor display and sale of seasonal merchandise, outdoor sales by charitable organizations, and the display of tires for sale outdoors during regular business hours, provided that such outdoor display of tires is within fifteen (15) feet of the principal building and the display area does not exceed seventy-five (75) square feet.

Outdoor eating area means an area located on a patio adjacent to a restaurant or store at which tables or chairs are available for use by patrons of the establishment.

Outdoor kitchen means a permanent outdoor structure on a residential property which contains cooking facilities such as a grill, stove, burner or oven or any combination thereof.

Owner means the record fee owner of real property.

Parcel means an area of real property used for a single development, which may include a single lot or multiple contiguous lots.

Patient has the meaning set forth in Article XVIII, § 14(1)(c) of the Colorado Constitution.

Patio means a level, unenclosed, uncovered hard-surfaced area that is placed directly on the ground, that is not used for motor vehicle travel or parking.

Personal service center means and includes hair salons, beauty salons, spas, nail salons, tanning salons, skin care centers, acupuncturist clinics, chiropractic clinics, nutrition centers and similar uses, but excluding sexually oriented businesses and massage parlors, as defined in Section 12-48.5-101, et seq., C.R.S.

Place of worship means a building, together with its accessory buildings and uses, used solely and exclusively for religious worship.

Planned unit development (PUD) means a development involving a related group of buildings and associated uses planned as an entity and developed and regulated as one (1) complex land use unit rather than as a mere aggregation of individual buildings located on separate unrelated lots.

Play structure means an unenclosed outdoor structure intended for use by children for play, including jungle gyms, swing sets, slides, climbing bars, trampolines, similar structures and any combination of such structures, but excluding skateboard structures and sport courts.

Pole-mounted facility means a telecommunications facility with antennae that are mounted and supported entirely on a legally existing traffic signal, utility pole, street light, flagpole, electric or transmission line support tower or other similar structure.

Primary caregiver has the meaning set forth in Article XVIII, § 14(1)(f) of the Colorado Constitution.

Principal building means a building containing one (1) or more residential dwelling units, including attached garages, allowed as a use by right in any residential zone district, or an agricultural building allowed as a use by right in an agricultural zone district; provided that there can only be one (1) principal building on a lot.

PSP means a planned sign program.

Public building or facility means a use or facility owned or operated by an agency or entity exercising some portion of the sovereign functions of the government for the benefit of the public.

Public utility means structures and operations associated with the provision of heat, power or light systems; water, sewer or storm drainage transmission lines; or any other energy-producing source within the city serving or supplying the public.

Public way means a public street, public right-of-way, trail or sidewalk.

Radio and television studios means a commercial establishment containing one or more broadcasting studios for over-the-air, cable or satellite delivery of radio or television programs, or studios for the audio or video recording or filming of musical performances, radio or television programs, or motion pictures. This term does not include a transmission tower.

Real estate sign means an unlighted, temporary sign advertising the sale or lease of property.

Rear yard means that portion of a property extending across the full width of the lot between the rear lot line and the rear elevation (back façade) of the principal building.

Recreation facility means a facility providing recreational services to the public or members of the facility, such as a recreation center, athletic club, swimming pool, and also includes ice rinks, bowling alleys, sport courts, arcades, barring cages, commercial fitness facilities over ten thousand (10,000) square feet, veladromes, skateboard facilities, water parks, climbing walls, teen clubs and similar uses.

Recreational trailer means a trailer that can be towed by a car or truck and is designed to be used for recreation, camping, travel or seasonal use, including but not limited to travel trailers, fifth wheels, camping trailers, horse trailers, boat trailers and utility trailers.

Recreational vehicle means a self-propelled vehicle, built on a single chassis and designed to be used for recreation, camping, travel or seasonal use, including but not limited to motor homes, truck campers, boats and other watercraft.

Repair service center means a facility for improvements to correct deficiencies in consumer products resulting from normal wear and tear, such as appliances, shoes, jewelry and electronics.

Restaurant means an establishment with the primary purpose of serving food to the public.

Retail marijuana store means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers.

Riding stable means a private establishment where horses are kept without the exchange of compensation.

Roof-mounted facility means a telecommunications facility that is mounted and supported entirely on the wall of a legally existing building, including the walls of architectural features such as parapets, chimneys and similar appurtenances.

Safehouse means a building providing a safe and confidential residence to women and their children who have been victimized by physical or emotional abuse.

Satellite dish antenna means an antenna that is designed to receive one (1) of the following: direct broadcast satellite service, including direct-to-home satellite service; video programming services via multi-point distribution services, including multi-channel, multi-point distribution services, instructional television fixed services and local multi-point distribution services; or television broadcast signals.

School means a public or private educational institution, including preschools, grammar schools, middle schools, high schools and charter schools, but excluding colleges and universities.

Seasonal merchandise means lawn and garden supplies, produce, bedding plants, nursery stock, fertilizer, sod, pumpkins, Christmas trees, holiday items and other similar items which are customarily offered for sale outdoors during a particular season of the year and not at other times.

Seasonal outdoor dining structure means freestanding translucent enclosed structures intended to provide cold weather protection for dining patrons in outdoor seating areas.

Self-storage facility means a structure or group of structures containing separate, individual and private storage spaces of varying sizes which are individually leased.

Setback means the required distance between the property line and a structure.

Shopping center means a group of commercial establishments open to the public which are planned, constructed and managed by a single entity, with customer and employee parking provided on-site.

Short term rental means the furnishing of accommodations for compensation in a primary residence or lawful inhabitable accessory structure for a period of less than thirty (30) consecutive days.

Side yard means that portion of a property extending across the full width of the lot between the front and rear yards and side lot line.

Site Development Plan (SDP) means a detailed development plan for a property zoned B-1, B-2, B-3, B-4 or LI, and the final step in the MDP process for property zoned TC or MC.

Skateboard structure means a structure containing slopes, ramps, pipes or passageways for recreational use by skateboarders.

Small cell facility means either of the following:

(a)

Micro wireless facilities that are no larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that have an exterior antenna, if any, of no more than eleven (11) inches in length; or

(b)

A wireless service facility where each antenna is located inside an enclosure of no more than three (3) cubic feet or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than three (3) cubic feet and where primary equipment enclosures are no larger than seventeen (17) cubic feet in volume.

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

Small wireless facility or small cell wireless means either of the following:

(a)

Micro wireless facilities; or

(b)

A wireless service facility where each antenna is located inside an enclosure of no more than three (3) cubic feet or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than three (3) cubic feet and where primary equipment enclosures are no larger than seventeen (17) cubic feet in volume.

Small wireless network means a collection of interrelated small wireless facilities designed to deliver wireless service.

Special event means a temporary outdoor activity, with only temporary or no construction activity, including without limitation weddings, parades, fairs, arts or craft shows, carnivals, soap box derbies, rallies, movie productions and charity events.

Sport court means an unenclosed outdoor structure used for sport, including without limitation basketball courts, handball courts, tennis courts, volleyball courts and shuffleboard courts.

Story means that portion of a building included between the floor and the surface of the floor next above it or, if there is no floor above it, then the space between such floor and the ceiling next above.

Street frontage means the property line of a lot which adjoins a public or private street or roadway, including Interstate 25 and light rail right-of-way.

Structural alteration means any change in the supporting members of a structure, such as bearing walls, columns, posts, beams, girders, floor joists or roof joists.

Structure means anything constructed or erected upon or in the ground, excluding utility poles and flagpoles.

Support facilities means support buildings, structures or equipment cabinets containing electrical and mechanical equipment and devices used for the reception of or transmission of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities.

Swimming pool means a structure intended for swimming and designed to contain water over twenty-four (24) inches deep, whether in-ground, aboveground or on-ground.

Telecommunications facility means the plant, equipment and property, including but not limited to cables, wires, conduits, ducts pedestals, antennae, towers, electronics and other appurtenances used to transmit, receive, distribute, provide or offer telecommunications service, but excluding direct-to-home satellite dish antennae less than one (1) meter in diameter, TV antennae for the reception of broadcast television signals, and wireless cable antennae designed to receive or transmit fixed commercial non-broadcast communications signals via satellite to and/or from a fixed customer location.

Telecommunications service means the providing or offering for rent, sale or lease or in exchange for other value received, or for the provision of any emergency telecommunications purposes, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium, and includes broadband service as set forth in 7 U.S.C. sec. 950bb(b)(1), as amended.

Telecommunications tower means a freestanding structure designed and constructed primarily for the purpose of supporting one (1) or more antennae for a telecommunications facility, 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.

Tent means a freestanding fabric-covered structure supported by a wood or metal framework that may or may not require the use of guy wires or ropes for its support.

Theater means a building or part of a building used to show motion pictures or for drama, dance, musical or other live performances, excluding sexually oriented businesses.

Trade contractor office means an office for one (1) or more contractors providing trade services such as construction, plumbing, electrical, heating, ventilation and air conditioning and involving the outdoor storage or use of equipment or materials.

Transportation Impact Study (TIS) means a report prepared by a licensed traffic engineer to evaluate and plan for changes in traffic levels and patterns brought about by development projects, to analyze such projects for consistency with the City's transportation plan and policies, and to address potential for safety and congestion problems.

Uncontrolled intersection means an intersection that is not equipped with a stop sign, yield sign, traffic control signal or other suitable traffic control warning sign.

USGS means the United States Geological Survey or its successor.

Variance, for purposes of applications heard by the BOAA, means any deviation from the requirements of a residential zoning ordinance or residential building regulation except as permitted by a planned unit development.

Vehicle body shop means a commercial establishment where the integral component parts of a vehicle chassis or body are built, altered, removed, repaired, or improved.

Vehicle dealership means a facility for the sale and leasing of motorcycles, all-terrain vehicles and personal watercraft and the incidental repair of such vehicles.

Vehicle fueling station means a use devoted to the retail sale of vehicle fuel and oil, with repair activities that are minor in scope and subordinate to the sale of fuel products, and facilities for washing of not more than three (3) vehicles completely enclosed in a structure.

Vehicle rental facility means a commercial establishment offering the temporary use of automobiles or trucks in exchange for payment, including office space, parking areas for rental vehicles, parking areas for customers and employees, and servicing and repair facilities, but not including facilities for bodywork, painting or restoration.

Vehicle repair facility means a commercial establishment for the purpose of vehicle repair and servicing of a minor nature, such as tune-up, oil change, chassis lubrication, tire change or repair, wheel alignment and muffler repair or installation.

Vehicle stacking means 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.

Veterinary clinic means a facility for animal care maintained by a licensed veterinarian where the animals are limited to dogs, cats and other comparable household pets, without overnight boarding except when necessary for treatment.

Wall-mounted facility means a telecommunications facility that is mounted and supported entirely on the wall of a legally existing building, including the walls of architectural features such as parapets, chimneys and similar appurtenances.

Warehouse means a building used primarily for the storage of goods and materials.

Wholesale business means a commercial establishment primarily engaged in selling and/or distributing merchandise to retail, industrial, commercial, institutional, or professional business users, or to other wholesalers.

Wing wall means a decorative wall that extends outward from any corner of a principal residence, not including walls retaining earth completely on one (1) side or load-bearing walls of the residence.

Yard means an open space on the same lot with a building, that space being unoccupied and unobstructed from the ground upward by any structure or portion thereof, except a roof with a projection of not more than three (3) feet from the building.

(Prior code Title 14, 15.04.020, 15.04.030, 15.04.060, 15.04.062, 15.04.064, 15.04.070, 15.04.090, 15.04.105, 15.04.110, 15.04.120, 15.04.125, 15.04.145, 15.04.157, 15.04.158, 15.04.159, 15.04.169, 15.04.180, 15.04.190, 15.04.200, 15.04.210, 15.04.224, 15.04.226, 15.04.230, 15.04.232, 15.04.240, 15.04.242, 15.04.244, 15.04.250, 15.04.274, 15.04.290, 15.04.300, 15.04.305, 15.04.310, 15.04.320, 15.04.340, 15.04.348, 15.04.350, 15.04.360, 15.04.370, 15.04.380, 15.04.400, 15.04.402, 15.04.404, 15.04.408, 15.04.430, 15.04.456, 15.04.458, 15.04.460, 15.04.470, 15.04.480, 15.04.497, 15.04.500, 15.04.520, 15.04.550, 15.04.552, 15.04.557, 15.04.559, 15.04.560, 15.04.562, 15.04.564, 15.04.568, 15.04.570, 15.04.612, 15.04.620, 15.04.630, 15.04.640, 15.04.641, 15.04.642, 15.04.643, 15.04.643.5, 15.04.644, 15.04.645, 15.04.646, 15.04.648, 15.04.660, 15.42.310, 15.42.520, 15.04.495, 15.44.090, 15.44.100, 15.48.104, 15.48.120; Ord. 32 §1, 2011; Ord. 1 §1, 2012; Ord. 1 §1, 2013; Ord. 8 §1, 2014; Ord. 16 §13, 2015; Ord. 22 §1, 2015; Ord. 02 §2, 2016; Ord. 05 §1, 2016; Ord. 09, § 1, 2017; Ord. 03 § 1, 2019; Ord. 07 § 1, 2019; Ord. 02, § 2, 2020; Ord. 10, § 1, 2021; Ord. 03, § 1, 2023; Ord. 09, § 1, 2023; Ord. 02, § 1, 2024; Ord. 11, § 4, 2024; Ord. 13, § 3, 2024)