18.04.1.1

Purpose.

A.

This chapter describes and regulates the uses allowed within all base zoning districts in this LUDC.

18.04.1.2

Organization.

A.

This chapter is organized in the following manner.

18.04.1 - Purpose and Organization.

18.04.2—Table of Allowed Uses.

18.04.3 - Residential Uses.

18.04.4 - Group Living Uses.

18.04.5 - Lodging Uses.

18.04.6 - Micro-Agricultural Uses.

18.04.7 - Commercial Uses, Animal Services.

18.04.8 - Commercial Uses, Auto Related.

18.04.9 - Commercial Uses, Eating & Drinking Establishment.

18.04.10 - Commercial Uses, Entertainment.

18.04.11 - Commercial Uses, Office.

18.04.12 - Commercial Uses, Retail Sales & Personal Service.

18.04.13 - Marijuana Uses.

18.04.14 - Industrial Services, Manufacturing & Production Uses.

18.04.15 - Institutional & Public Uses, Assembly.

18.04.16 - Institutional & Public Uses, Medical & Emergency Services.

18.04.17 - Institutional & Public Uses, Death Care Services.

18.04.18 - Institutional & Public Uses, Educational.

18.04.19 - Institutional & Public Uses, Government & Non-Profit.

18.04.20 - Civic & Outdoor Recreation Uses.

18.04.21 - Infrastructure Uses, Transportation & Parking.

18.04.22 - Infrastructure Uses, Communications.

18.04.23 - Infrastructure Uses, Waste-Related Uses.

18.04.24 - Accessory & Temporary Uses.

18.04.25 - Natural Medicine Businesses.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023; Ord. No. 1024, 12-17-2024)

18.04.2.1

Applicability.

A.

Approval of a use listed in the Table of Allowed Uses, and compliance with the applicable use-specific standards for that use, authorizes that use only. Development or use of a property for any other use not specifically allowed in the Table of Allowed Uses and approved under the appropriate process is prohibited.

18.04.2.2

Explanation of Table.

A.

Use Table Key. The uses permitted in each of the zoning districts established in the Use Table are defined as follows:

The existence of these use-specific standards is noted through a cross-reference in the last column of the table. Cross-references refer to Definitions and Use-Specific Standards in §§ 18.04.03—18.04.23.

18.04.2.3

Classification of New and Unlisted Uses.

The City recognizes that new types of land use will develop not anticipated in this LUDC. When application is made for a use category or use type that is not specifically listed in the Table of Allowed Uses, the Planning Director shall determine the appropriate classification of any new or unlisted form of land use in the following manner:

A.

Interpretation. The Director shall provide an interpretation that determines the appropriate zoning classification for the use. The Director shall consider:

1.

The nature of the use and whether it involves dwelling activity; sales; processing; type of product, storage and amount; enclosed or open storage; anticipated employment; transportation requirements;

2.

The amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and

3.

The general requirements for public utilities such as water and sanitary sewer.

B.

Standards for new and unlisted uses may be interpreted as those of a similar use.

C.

If Not Authorized Then Prohibited. If the Planning Director determines that a proposed use does not fit within a given use type and is not functionally the same as a permitted, accessory, or conditional use, then the use is a prohibited use.

D.

Appeal of the Planning Director's decision shall follow Section 18.06.3.9 Appeals.

18.04.2.4

Table Organization.

A.

In the Table of Allowed Uses, land uses and activities are classified into general "use categories" and specific "use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within the categories, and specific uses may be listed in one (1) category when they may reasonably have been listed in one (1) or more other categories. The use categories are intended merely as an indexing tool and are not regulatory.

B.

The sections following the Table of Allowed Uses include definitions and use specific standards for each use type.

18.04.2.5

Table of Allowed Uses.

¹ "Persons" means persons with intellectual and developmental disabilities, persons sixty years of age or older, or persons with behavioral or mental health disorders as defined by C.R.S. § 31-23-303.

² This use may require approval of a Conditional Use under certain circumstances or conditions. Reference the applicable use's Use Standards for specifics.

³ All permitted uses in the Open Space Zone District, except Nature Preserve and Passive Open Space, shall require review and approval by the Open Space Advisory Committee.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023; Ord. No. 1525, § 4, 7-15-2025)

18.04.3.1

Dwelling, Single-Household Detached.

A.

Defined. A single dwelling unit in a single building not attached to any other buildings other than those accessory to the dwelling.

18.04.3.2

Dwelling, Two-Household Duplex.

A.

Defined. A single building on a single lot, designed for occupancy by two separate dwelling units in a side-by-side or stacked configuration attached by a party wall, and not attached to any other buildings other than those accessory to the dwellings.

18.04.3.3

Dwelling, Single-Household Attached.

A.

Defined. Two or more dwelling units where each unit is attached to other units by party walls, and where habitable spaces of different units are arranged in a side-by-side, rather than in a stacked configuration, with each unit located on its own lot.

18.04.3.4

Dwelling, Mixed-Use.

A.

Defined. A building or lot containing residential and non-residential uses, as allowed by the applicable zone district. Long-term occupancy lodging in hotels shall not be considered as a type of residential use that is permitted under this definition.

B.

Use Standards.

1.

In the Downtown District, the residential use shall be located above the one-hundred-year flood elevation and such that the primary entrance to the building is to a commercial use. Long-term occupancy lodging in hotels shall not be considered a residential use permitted under this subsection.

18.04.3.5

Dwelling, Multi-Household.

A.

Defined. A building, or buildings, on one lot with three (3) or more independent dwelling units. This use includes condominiums and apartments. In no event shall the term multi-household be interpreted to include hotels, motels, or inns, regardless of the length of stay of customers of such motels, hotels, or inns. Two types of multi-householdbuildings or complexes are defined as follows:

1.

Small multi-household shall mean one lot containing between three (3) and eight (8) dwelling units intended for either sale or rent.

2.

Large multi-household shall mean one lot containing more than eight (8) dwelling units for either sale or rent.

18.04.3.6

Mobile or Manufactured Home Park.

A.

Defined. A parcel of land under single ownership which has been planned and improved for the placement of two or more mobile or manufactured homes for dwelling, whether or not a fee is charged for use of the property, and which is operated and maintained by a person holding a mobile home park license (the "licensee").

B.

Use Standards.

1.

All streets shall be a minimum width of twenty-two (22) feet from back of curb to back of curb, including the width of gutter pans.

2.

The developer shall provide for covenants or other mechanisms, which shall be approved by the City, ensuring that streets are maintained and replaced as required.

3.

All streets within the mobile or manufactured home park shall be constructed and maintained to the City standards.

4.

Each mobile or manufactured home space shall have its own meter for water and electrical service.

18.04.3.7

Accessory Dwelling Unit.

A.

Defined. An internal, attached, or detached dwelling unit that:

1.

Provides complete independent living facilities for one or more individuals;

2.

Is located on the same lot as a proposed or existing primary residence; and

3.

Includes facilities for living, sleeping, eating, cooking, and sanitation.

B.

Accessory Dwelling Units shall be no less than 500 square feet in total habitable space, and no more than 750 square feet in total habitable space.

C.

Density measurements found in Section 18.02.1.4 shall not apply to an accessory dwelling unit.

D.

Dimensional Standards applied to an accessory dwelling unit shall be that of a permanent principal structure found in Table 18.02.2.

E.

An accessory dwelling unit shall not be permitted for use as a short-term rental as defined under Section 18.04.5.4.

F.

One new off-street parking space is required in connection with the construction or conversion of an ADU when the ADU: (1) is located in a place with no existing off-street parking that could be used for the ADU; (2) is in a zoning district that requires one or more parking spaces for the primary dwelling unit; and (3) is located on a block where on-street parking is prohibited.

G.

A water tap fee, and a sewer tap fee of ½ the respective water and sewer tap fees for a single-family residence shall be paid to the city for an accessory dwelling unit prior to issuance of a building permit. Should the property on which the accessory dwelling unit is located be subdivided so that the accessory dwelling unit is located on a lot separate from the primary residence, separate water and sewer service lines running from the accessory dwelling unit to the water and sewer mains shall be required and new full single-family residential water and sewer tap fees shall be paid to the City.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023; Ord. No. 1525, §§ 1, 5, 7-15-2025)

18.04.4.1

Continuing Care Retirement Community.

A.

Defined. A facility providing a continuum of residential and health care services to persons, meeting provisions of federal and state Fair Housing laws, as amended, allowing residents to continue living in the same complex as their housing and health care needs change. Continuing care retirement communities may offer a variety of services such as congregate care, skilled nursing, rest home, health and wellness, recreational facilities, transportation, support services and entertainment and social uses, as well as offer a range of residential options, such as apartments, townhouses, and cottages.

18.04.4.2

Long-Term Care Facility.

A.

Defined. A facility for individuals who need full-time assistance and supervision. The focus is on individuals who cannot live independently and require full-time nursing assistance, and on individuals who have physical or mental handicaps.

18.04.4.3

Group Home, Large.

A.

Defined. Any residence for more than eight (8) unrelated individuals, including but not limited to, any of the following facilities that meet this definition:

1.

A secure residential treatment center, as defined in § 26-6-102(9), et seq., C.R.S., as amended;

2.

A shelter for homeless persons; or

3.

A dormitory.

18.04.4.4

Group Home, Small.

A.

Defined. A residence for up to eight (8) unrelated individuals, none of whom are receiving on-site medical or psychological treatment, but some or all of whom may be receiving on-site physical assistance with day-to-day living activities, including but not limited to:

1.

A state-licensed group home for the exclusive use of developmentally disabled persons, which are known as community residential homes, as defined in § 27-10.5-102(4), C.R.S., accommodating at least four (4) but no more than eight (8) persons; or

2.

A facility where independent residential support services, as defined in § 27-10.5-102(19), C.R.S., are provided to no more than three (3) persons with developmental disabilities, which is not required to be licensed by the state; or

3.

A group home for the aged for the exclusive use of up to eight (8) persons sixty (60) years of age or older per home, as defined in § 31-23-303(2)(B)(II), C.R.S.; or

4.

A state-licensed group home for the exclusive use of up to eight (8) persons with mental illness, as that term is defined in § 27-10-102(8.5) and 31-32-303(2)(b.5), C.R.S.; or

5.

A foster care home, as defined in § 26-6-102(4.5), C.R.S., for up to eight (8) children; or

6.

A state-licensed assisted living residence, as defined in § 25-27-102(1.3), C.R.S., for three (3) or more but no more than eight (8) adults.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.5.1

Bed and Breakfast Inn.

A.

Defined. A private home, converted multifamily dwelling, or other such similar land use operated on a fee basis as a business by providing overnight lodging for a period of less than thirty days and provide any food service for guests only. An innkeeper shall be in residence or on reside on adjacent property to the bed and breakfast. Bed and breakfasts require approval as a conditional use in residential zones.

18.04.5.2

Boarding House.

A.

Defined. A building where meals and long-term (thirty days or more) residential tenancy is regularly furnished for four or more persons, not members of the household, but not exceeding twelve persons, for compensation and in which no continuous medical or personal care is provided by the operators of the home. This establishment is not open to transient customers.

18.04.5.3

Hotel, Motel, and Multi-Use Inn.

A.

Defined. A permanent building or group of buildings containing sleeping rooms or suites for residents generally staying less than thirty days, with the majority of such rooms accessed from an interior hallway. A hotel/motel may have accessory uses such as restaurants or conference space.

B.

Long-term occupancy may be permitted under the following regulations:

1.

Intent and Purpose. To protect the health, safety and welfare of the general public, including the residents of hotels and motels in the City. The long-term habitation in facilities not designed for long-term residential living is unhealthy and unsafe due to numerous hazards such as lack of adequate cooking, food-storage and sanitary facilities, lack of adequate lighting, living and storage space, and lack of ventilation.

2.

Minimum Standards. In addition to complying with all laws, and all other requirements of this LUDC, including building and fire regulations, every long-term occupancy unit shall meet, at a minimum, the following standards:

a.

No more than twenty percent (20%) of available room rental days in an establishment may be used for long-term occupancy lodging during a calendar year. The number of available room rental days for long-term occupancy shall be listed in the hotel or motel's business license.

b.

It shall be unlawful for a hotel or motel owner, operator, manager, or person in charge of a hotel or motel to permit occupancy at the hotel or motel for more than thirty days within any sixty-day period unless otherwise meeting the provisions of this chapter or except in circumstances where there is a written contract between the hotel and:

i.

A governmental, charitable, or insurance agency to house families in crisis;

ii.

A relocation service as part of a business relocation; or

iii.

A specific business entity for a business purpose which requires extended temporary occupancy.

c.

For both subsections ii. and iii. of this subsection, the occupancy shall not exceed a period of one hundred eighty (180) days in any three hundred sixty-five (365) day period.

d.

The units available for long-term occupancy shall be designated for such use on a development. The standards for a dwelling unit including kitchen and sanitary facilities;

e.

Occupancy of a unit shall be no more than two occupants per bedroom;.

f.

The unit shall have a living room of not less than one hundred ten (10) square feet of floor area per occupant;

g.

Natural light. The minimum net glazed area shall not be less than four percent of the floor area of the room served;

h.

Compliance with this LUDC including without limitation any applicable building and fire codes adopted by the City.

i.

No unit shall be rented to more than one party within a thirty (30) day period and total rentals shall not exceed more than thirteen (13) unique leases per year.

3.

Permit Required. It is unlawful for any person, either directly or indirectly, to conduct or provide any long-term occupancy lodging without first obtaining a permit. Said permit must be kept current at all times during which long-term occupancy lodging is provided or available. Long-Term Occupancy Permit procedures are outlined in Section 18.04.6.7.

18.04.5.4

Short-Term Rental.

A.

Defined. The rental of a dwelling unit, or a portion thereof, that is rented for purpose of lodging for terms of not less than one day and not more than twenty-nine days also known as a vacation rental. Neither an accessory dwelling unit nor its associated primary single-household dwelling unit, as defined under Section 18.04.3.7, shall be used as a short-term rental.

B.

The maximum number of short-term rentals shall not exceed two percent (2%) of the City's residential structures based on the most recent numbers from the State of Colorado Demography Office in existence at the beginning of each calendar year. No applications for a short-term rental will be accepted if the maximum number has been met. Permitted short-term rentals in existence at the time of the adoption of this chapter shall be considered in the calculation of the maximum number of short-term rentals allowed.

C.

Use Standards. In addition to complying with all other requirements of this LUDC, every short-term rental unit shall meet, at a minimum, the following standards. Failure to comply with the standards in this section may constitute grounds for revocation of the Short-Term Rental Permit under Section 18.06.4.5. Revocation may be appealed to the Planning Commission within ninety (90) days of notice of failure to comply.

1.

It shall be unlawful for any person to operate any short-term rental unit use without a valid short-term rental unit permit.

2.

The short-term rental unit permit does not run with the property but is issued to the specific owner of the property. The permit shall expire upon sale or transfer of the property, change of personal guarantors constitutes transfer of the property. The permit shall not be transferred or assigned to another individual, person, entity, or address but may be managed by a third party on behalf of the owner.

3.

The short-term rental unit permit is valid for one year from the date of issuance. The permit may be renewed for additional one-year periods if in compliance with this LUDC.

4.

The short-term rental shall be the property owner's primary residence for one-hundred-and-eighty-five (185) or more days of each calendar year and the resident shall sign an affidavit affirming such requirement is met. The primary residence may mean the same residence as the short-term rental or another dwelling unit located on the same lot.

5.

The short-term rental must be occupied by renters for a minimum of twenty-one days per calendar year.

6.

Individual rooms in a dwelling unit shall not be available for short-term rental unless the owner of the property resides on the property.

7.

At least one fire extinguisher must be provided on each floor level unless more are required per the International Fire Code (IFC) and the location clearly marked on each floor level of the dwelling unit. The short-term rental must be equipped with carbon monoxide alarms installed within fifteen feet of the entrance to any bedroom or other room that is lawfully used for sleeping.

8.

Occupancy of the short-term rental shall not exceed occupancy load pursuant to the City's duly adopted building code.

9.

Each short-term rental shall have a clearly visible and legible notice posted within the unit on or adjacent to the front door that includes the following. This information shall also be listed within the rental contract for the property:

a.

An evacuation route and emergency instructions.

b.

The maximum number of occupants permitted to stay in the short-term rental.

c.

The maximum number of vehicles allowed for the occupants of the short-term rental per Section 18.03.8.3.

d.

Trash pickup day and the notification of all rules and regulations regarding trash removal, including without limitation, when trash may be left out.

e.

The name, address, and phone number of the owner and/or property manager.

f.

The location of the fire extinguishers and carbon monoxide alarm.

g.

The owner or manager shall ensure that the occupants and/or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this LUDC pertaining to noise or disorderly conduct by notifying the occupants of the rules regarding short-term rentals and responding by telephone or in person when notified that occupants are violating law regarding their occupancy.

10.

Short-term rentals shall be separated by a minimum of a five hundred (500) foot radius measured from each of the property's corners.

11.

The owner must provide the City with updated contact information for either the owner or property manager within twenty-four (24) hours of the change.

12.

Listing Requirements. At the time of listing the short-term rental with any lodging or booking agency or website designed to find customers, a copy of the listing ad must be provided to the City for each booking agency or website where the owner is advertising for renters. Each listing must contain the Short-Term Rental Permit number in the advertisement and a statement that unit is in compliance with all LUDC requirements. The sole act of advertising a property as a short-term rental requires approvals as outlined in this LUDC, failure to comply with this requirement, and to include this information in all advertised listings is a violation of this chapter.

13.

Existing Permitted Short-Term Rentals. Permitted short-term rentals in existence as of June 7, 2016 may continue to operate subject to their previously issued use permits until the use is terminated or revoked in accordance with this section. Permits for short-term rentals in existence prior to June 7, 2016, may be amended and renewed as per the Short-Term Rental Permit procedure set forth in Section 18.06.4.5 without regard for the five hundred-foot (500') distance limitation set forth in this Section and shall meet all other standards of this Section.

14.

Abandonment and Revocation of Existing Permitted Short-Term Rentals. Use of property for short-term rental shall be deemed abandoned upon delivery to the City of written notice by the property owner, operator, or its representative that units previously approved for occupancy short-term rental will no longer be used for that purpose. Once the use of property for short-term rental occupancy is abandoned, approval of a new application under the provisions of this chapter shall be required before the property may be used again for a short-term rental. The short-term rental shall also be considered abandoned if the property owner discontinues use of the property for short-term rental for a period of twelve (12) continuous months.

15.

Inspection. The owner shall permit the City to inspect the short-term rental dwelling unit or individual rooms with property owner permission and twenty-four (24) hour notice for compliance with the provisions of this chapter and other provisions of this LUDC. The permittee shall maintain records of occupancy for each short-term rental unit, which shall be made available to the City, upon request, for review and inspection at any time.

16.

Violation and Penalties. A violation of this chapter may subject the short-term rental to revocation. Any person or entity that fails, violates or refuses to comply with any requirement of this chapter shall be punishable as provided in Section 18.06.4.27.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023; Ord. No. 1525, § 3, 7-15-2025)

18.04.6.1

Generally.

A.

In order to mitigate the impacts on neighborhoods, the City of Manitou Springs has specific requirements to manage community agricultural operations. The City of Manitou Springs Municipal Code governs these requirements and conditions.

1.

All permanent Agricultural Use Types. A minor development plan shall be submitted for administrative review. This does not supersede other City permits as required such as the need for a business license if you are selling products more than seven days within the year in the City of Manitou Springs. Applications that are determined by the Planning Director to be inconsistent with general restrictions and use requirements or locations that have potentially inadequate access will be required to process a conditional use permit per Section 18.06.4.4.

2.

All temporary or accessory Agricultural Use Types. Temporary agricultural uses shall be subject to the approval of Temporary Use Permit. All accessory agricultural use types shall meet the development standards of the zone district and be recorded as part of a development plan when such an application is required by other means.

B.

General Restrictions Applicable to all Micro-Agricultural Operations. Other restrictions may apply to mitigate potential negative impacts on surrounding properties at the discretion of the Planning Director:

1.

Limits on Operating Hours. Activities associated with agricultural uses shall occur during daylight hours (dawn to dusk).

2.

Limits on Outdoor Lighting. Outdoor lighting for growing areas, farmers markets and for temporary produce stands is not allowed.

3.

Sound Amplification. Outdoor sound amplification is not allowed.

4.

Sale of any other retail products is prohibited in residential zone districts.

18.04.6.2

Apiculture.

A.

Defined. The raising and care of bees for agricultural or commercial purposes.

B.

Use Standards.

1.

Private beekeeping is allowed on any land in Manitou Springs, regardless of the zoning, as long as it follows the requirements found below:

2.

Hives shall be kept in the rear or side yard;

3.

Beekeepers shall follow sound and responsible beekeeping practices, including without limitation the following:

a.

Flyway barriers shall be located within five feet of the hive, extending at least two feet on either side, and at least six feet in height and placed in front of hive entrance. No flyway barrier is required if beehives are located at least twenty-five feet from all property lines and for beehives that a relocated on porches or balconies at least ten feet above grade and more than five feet from a property line.

b.

A fresh supply of water must be maintained on the property to prevent bees congregating in neighboring water sources.

c.

Africanized bees are prohibited.

18.04.6.3

Community Garden.

A.

Defined. A parcel of land where plants are grown and harvested by an organization or by a group of individuals. A community garden grows produce and ornamental plants for use by the organization or individuals who operate and maintain the garden.

18.04.6.4

Community Supported Agriculture (CSA) Farm.

A.

Defined. A CSA consists of a community of individuals who pledge support to a farm operation so that the farmland becomes, either legally or in spirit, the community's farm with the growers and consumers providing mutual support and sharing the risks and benefits of food production. Typically, members or "share-holders" of the farm or garden pledge in advance to cover the anticipated costs of the farm operation. In return, they receive shares in the farm's bounty throughout the growing season. CSA's focus is usually on a system of regular pick-up and delivery of vegetables and fruit, or sometimes dairy products or meat.

B.

Use Standards:

1.

Property must be a minimum of two (2) acres in size.

2.

Livestock kept on the farm are subject to Manitou Springs Municipal Code Section 7.02.010.

18.04.6.5

Community Supported Agriculture (CSA) Distribution Site.

A.

Defined. A property utilized in support of community supported agriculture where shareholders pick up periodic deliveries of food products provided directly from the grower, which is generally located within one hundred miles of the City. A CSA distribution site does not provide wholesale food distribution for households or commercial operations.

B.

Use Standards:

1.

Distribution of produce to CSA owners of shares in the farm is permitted. It is the responsibility of the farm to manage and limit any impacts to the surrounding community during distribution.

2.

At CSA distribution sites, the frequency of deliveries shall be no more than once a week, between the hours of 7:00 a.m. and 7:00 p.m. The pick-up window for CSA shareholders shall be limited to once a week, during one consecutive three-hour period between 8:00 a.m. and 8:00 p.m.

18.04.6.6

Crop Production Farm.

A.

Defined. A commercial operation, growing field crops, flowers and seeds, fruits, grains, melons, ornamental crops, nuts, trees, sod, and/or vegetables which may or may not support a community CSA. This use may include a "you-pick" farm option which is open to citizens and visitors alike.

B.

Use Standards.

1.

Minimum lot size shall be a minimum of two (2) acres.

2.

Accessory structures are limited to a total of two (2) structures and cannot exceed one thousand square feet of aggregate gross floor area.

18.04.6.7

Farmers Market.

A.

Defined. A seasonal open-air market where local fresh fruits, produce, flowers and value-added food products like jams, jellies, pickles, sauces or baked goods, in addition to arts and craft items are sold directly to consumers. Farmers markets are intended to provide a venue for food producers and artisans to sell directly to consumers. The sale of second hand or any commercially produced goods is prohibited.

B.

Use Standards.

1.

A Minor Development Plan or Temporary Use Permit, depending on the duration of the Farmers Market, shall be submitted to the Planning Department for review. Applications determined by the Planning Director to be inconsistent with established restrictions or locations that have potentially inadequate access will be required to submit for a conditional use permit per Section 18.06.4.4.

18.04.6.8

Produce Stand, Permanent.

A.

Defined. A permanent structure where local food producers and artisans sell fresh fruits, produce, flowers and value-added food products like jams, jellies, pickles, sauces or baked goods, in addition to arts and craft items; provided that no commercially produced or packaged goods are available for sale.

1.

Produce Stands may operate year-round, however, when a produce stand is not in use, it must be removed from the front yard of the property. Produce stands must not be located within any street right-of-way.

18.04.6.9

Stable.

A.

Defined. A building and/or area for the purpose of using, housing, or feeding horses, donkeys, llamas, or other similar type animals and for the storage of equipment relating to the care, feeding, maintenance, and operation of these animals; further, any building and/or area where such animals are boarded and owned by the occupants of the premises and are not kept for remuneration, sale, or hire.

B.

Use Standards.

1.

There shall be a minimum of one (1) acre of ground per animal.

2.

The Stable shall be setback at least one hundred fifty (150) feet from any building occupied as a residence or used for human habitation, other than the animal's owner or landowner's residence.

3.

Standards do not apply to private stables in use prior to November 15, 1978. See Ordinance No. 1878.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.7.1

Kennel.

A.

Defined. A commercial establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.

B.

Use Standards:

1.

All operating kennels shall get a license from the City of Manitou Springs per Manitou Springs Municipal Code Section 7.07.030, in addition to State regulations.

18.04.7.2

Veterinary Facility.

A.

Defined. A facility where animals or pets are given medical or surgical treatment and the boarding of animals, typically dogs or cats, is limited to short-term care associated with the hospital.

B.

Use Standards.

1.

In the Commercial and Mixed-Use Zone Districts, the establishment shall be soundproofed and have no outside runs.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.8.1

Auto Dealership or Rental.

A.

Defined. Any facility where cars are rented for short-term of limited duration, or for the display and sale or long-term lease of new or used automobiles generally but may include trucks or vans, trailers or recreational vehicles and including any vehicle preparation or repair work conducted as an accessory use.

B.

Use Standards:

1.

Vehicles shall not be displayed in areas designated for landscaping unless otherwise shown on an approved Development Plan. Vehicles shall not block right-of-way, drive aisles, or other maneuvering areas.

18.04.8.2

Auto Repair, Light.

A.

Defined. An establishment that offers only general maintenance activities including engine tune-ups, lubrication, carburetor cleaning, brake repair, car washing, detailing, polishing, replacement of filters, fluids, light bulbs, belts, fuses, oil, and tires, emissions testing, and similar activities.

B.

Use Standards:

1.

All work on vehicles shall be done entirely within an enclosed building; and

2.

Automotive parts or vehicles awaiting repair may not be stored outside unless screened from public view and adjacent properties with a six foot (6') opaque fence.

18.04.8.3

Auto Repair, Heavy.

A.

Defined. An establishment that offers mechanical and body work on motor vehicles including straightening of body parts, body repairs, battery rebuilding, painting, welding, on-premises and short-term storage of automobiles not in operating condition, and similar work on motor vehicles that may involve noise, glare, fumes, smoke, or similar impacts.

B.

Use Standards:

1.

All work on vehicles shall be done entirely within an enclosed building; and

2.

Automotive parts or vehicles awaiting repair may not be stored outside unless screened from public view and adjacent properties with a six foot (6') opaque fence.

18.04.8.4

Auto Storage Yard.

A.

Defined. Any building, premise, or land in which automobiles, RVs, boat, or other similar recreational vehicles, either operable or inoperable, are stored for any length of time.

B.

Use Standards:

1.

Automotive storage yards shall be screened from the public right-of-way and adjacent properties with a six foot (6') opaque fence.

18.04.8.5

Service Station.

A.

Defined. An establishment offering for sale gasoline, retail electric vehicle charging stations, prepackaged food products, household items, newspapers, magazines, sandwiches and other freshly prepared foods for off-site consumption.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.9.1

Bar, Tavern, or Nightclub.

A.

Defined. An establishment selling and dispensing liquor by the drink for onsite consumption and which may or may not serve food as accessory to the sale of liquor and which does not qualify as a restaurant. Music, dancing, or entertainment may, but need not, occur on the premises.

18.04.9.2

Brewpub.

A.

Defined. A specific type of establishment, as regulated by § 44-3-417, Colorado Revised Statutes, as amended, containing a facility at which beer, wine, or liquors are manufactured on the premises, bottled, and sold on the same premises as where the eating and drinking services are provided.

18.04.9.3

Restaurant.

A.

Defined. A business that is kept or maintained for the purpose of serving food and drink, typically containing a commercial kitchen, and which may also serve alcoholic beverages as accessory to the service of food; a restaurant does not include:

1.

Automated food merchandising enterprises which supply and dispense only prepackaged, nonperishable food or drink.

2.

Food or beverage manufacturing, processing or packaging plants, the primary purpose of which is not to serve food for immediate consumption on the premises;

3.

Service stations or convenience stores which include the operation of a food service establishment and which are otherwise regulated by other codes.

B.

Use Standards:

1.

Drive-through facilities are not permitted in the Downtown Zone District;

2.

Restaurants with a drive-through facility shall be required to receive approval of a Conditional Use Permit.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.10.1

Recreational Entertainment, Indoor.

A.

Defined. A place where recreational activities occur completely within an enclosed structure, including but not limited to bowling alleys, skating rinks, pool halls, video and pinball parlors, movies and/or the live performance of plays, operas, music, and similar events.

18.04.10.2

Recreational Entertainment, Outdoor.

A.

Defined. A place with outdoor activities, including but not limited to miniature golf, batting cages, water slides, skateboard parks, driving ranges and go-cart tracks.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.11.1

Office, General/Coworking Space.

A.

Defined. An establishment engaged in professional, semi-professional, business, government, philanthropic institutions, or client-oriented services. Workers of different companies may share an office space, allowing cost savings and convenience through the use of common infrastructure, such as equipment, utilities, receptionist, and custodial services. Offices do not include retail or wholesale activities which require the receiving, stocking, storing, displaying, manufacturing, selling, or renting of merchandise or equipment, except where specifically permitted as an accessory use. Offices include the administrative, clerical or public contact offices of a government agency. All services are rendered within the principal building, and no outside areas are used to perform services. Examples of offices include law firms, publishers, business services, sales, marketing, interior decorators, employment agencies, security systems services, and studios for professional work or teaching.

18.04.11.2

Office, Medical Office or Clinic.

A.

Defined. A specific type of office establishment where the primary service is the treatment of patients or clients for physical or mental ailments and disorders. Examples of medical offices include doctor, physician, dentists, clinics and similar uses for the treatment and examination of patients solely on an outpatient basis, provided that no overnight patients shall be kept on the premises. This use excludes hospital and animal hospital uses.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.12.1

Art Gallery or Studio.

A.

Defined. A place where artists develop their craft or a room or series of rooms where works of art are exhibited and which may or may not be for sale to the public. Art Studios may be permitted in Residential Zone Districts without public sales.

18.04.12.2

Bakery, Pastry, Coffee, or Candy Shop.

A.

Defined. A retail establishment primarily engaged in preparing and/or serving a specialty snack, such as ice cream, coffee and/or pastries, frozen yogurt, cookies, or popcorn, or serving nonalcoholic beverages, such as coffee, juices, or sodas for consumption on or near the premises. A Food Sales establishment may sell baked goods and light meals such as soups and sandwiches, but does not serve full meals, and has a limited seating area which serves as an informal place for conversation or lounging. The products may be prepared either on or off site.

18.04.12.3

Bicycle-Share Business.

A.

Defined. Any business owning, managing, or making available bicycle-share bicycles for hire.

18.04.12.4

Child Care Center.

A.

Defined. An establishment licensed by the State of Colorado which provides for the care, supervision and protection of children, enrolling six children or more for whose care, tuition, fees or other forms of compensation are charged. May include nursery schools or other facilities for which the purpose is primarily educational, recreational or medical in nature.

18.04.12.5

Financial Institution.

A.

Defined. A business where the primary occupation is financial services such as banking, savings and loans, loan offices, and check cashing and currency exchange outlets. It does not include financial services that typically occur in an office or storefront, such as investment companies, credit and mortgage loan companies, insurance services, or brokerage firms, which are classified as "office".

B.

Use Standards.

1.

Drive-up Facilities are not permitted in the Downtown Zone District.

2.

Standalone walk-up automated teller machines (ATMs) are allowed in the Downtown, Commercial, and Mixed-Use Zone Districts.

3.

Standalone drive-up ATMs are allowed in the Commercial and Mixed-Use Zone Districts and shall be located such that there is clear space for three (3) vehicles to queue at the drive-up window.

18.04.12.6

General Retail Store.

A.

Defined. Includes but is not limited to convenience stores; apparel and accessories stores; book, computer, and music stores; electronics and appliances; florists; furniture and home furnishings; general merchandise stores; health and personal care stores; hobby; office supplies; stationery and gift stores; specialty stores; sporting goods; used merchandise stores, and similar types of stores selling merchandise.

18.04.12.7

Grocery Store.

A.

Defined. A retail establishment primarily selling food, as well as other convenience and household goods.

18.04.12.8

Health Club/Fitness Center.

A.

Defined. An establishment that is open only to members and guests and that provides facilities for any of the following: aerobic exercises, dancing, running and jogging, exercise equipment, game courts and swimming facilities, and that also includes amenities such as spas, saunas, showers and lockers.

18.04.12.9

Home Improvement Center.

A.

Defined. A retail store that combines the functions of a hardware store with those of a lumber yard typically selling building supplies, light fixtures, ceiling fans, home appliances, plumbing fixtures, garden supplies, and similar goods.

18.04.12.10

Liquor Store.

A.

Defined. A retail establishment licensed by the state, per § 44-3-409, Colorado Revised Statutes, as amended, to primarily engage in the sale of alcoholic liquors, including beer, wine, and distilled spirits, for off-premises consumption. Other items like dry goods and food products may be sold per state statute. Drive-thru facilities are not permitted in the Downtown Zone District.

18.04.12.11

Nursery.

A.

Defined. Establishments primarily engaged in providing specialized goods and services purchased frequently by the consumer. Typically, this includes beauty and barber shops, clothing rental, cleaning, and garment services, copy center, coin-operated laundries, carpet and upholstery cleaning, diaper service, dry cleaning establishments, linen supply, locker rental, locksmith shop, massage facilities, opticians, photographic studios, porter services, psychic readers, repair services (not otherwise listed), shoe repair, steam baths, reducing salons and health clubs, tailors, and travel agents.

B.

Use Standards.

1.

Dry Cleaning or Laundry Services in the Downtown District shall comprise a collection office only.

2.

Dry Cleaning establishments in the Commercial District shall use only nonflammable materials.

18.04.12.13.

Sexually Oriented Business.

A.

Defined. As defined in Section 5.12.020 of the Municipal Code.

B.

Use Standards.

1.

Sexually Oriented Businesses shall be allowed as a Permitted Use and only be located within the Commercial and Mixed-Use Zone Districts under the location criteria provided below.

2.

The following regulations shall apply to sexually oriented businesses:

a.

Sexually Oriented Businesses shall be located a minimum of seven hundred fifty feet from any property on which there is a:

i.

Residentially zoned parcel of real property or a residence;

a)

Public Park;

b)

City trail (designated by the City for pedestrian or non-motorized vehicular use, such as bicycle paths and hiking trails);

c)

House of Religious Worship, such as but not limited to, a church, synagogue, or temple;

d)

Public library;

e)

State-licensed child day care facility;

f)

School or educational facility, whether public or private, serving persons under eighteen years of age;

g)

School or educational facility owned or controlled property with playing courts (such as but not limited to tennis or basketball courts) or playing fields (such as but not limited to soccer, baseball, or football fields);

h)

Retail or medical marijuana establishment;

i)

Liquor store; or

j)

Any other sexually oriented business.

b.

No sexually oriented business shall be located upon any property owned by the City of Manitou Springs.

c.

The distance separation described in this section shall be computed by direct measurement in a straight line without regard to intervening structures, from the nearest property line of the land used for the above purposes to the nearest property line of the property upon which the sexually oriented business is located.

d.

Each sexually oriented business shall be operated from a permanent location. No sexually oriented business shall be permitted to operate from a moveable, mobile, or transitory location.

e.

Sexually explicit advertisements or promotional displays for sexually oriented businesses shall not be visible from pedestrian ways, walkways, or other public areas.

f.

Sexually oriented businesses shall obtain a license pursuant to Chapter 5.12 of this LUDC.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.13.1

Dual Operation.

A.

Defined. Refer to Section 5.09.100 of the Manitou Springs Municipal Code.

B.

Use Standard. Refer to Section 5.09.100 of the Manitou Springs Municipal Code.

18.04.13.2

Marijuana Club.

A.

Defined. A place not used for residential purposes where individuals gather to consume, grow, or distribute or otherwise use marijuana, regardless of whether such place calls itself private or public or charges an admission, membership, or similar fee. A marijuana establishment with a valid license under Article XVIII, Section 16 of the Colorado Constitution (recreational marijuana establishments) or under Section 14 of Article XVIII to the Colorado Constitution (medical marijuana establishments) and their accompanying State of Colorado regulations and this LUDC, shall not constitute a marijuana club.

B.

Use Standards.

1.

Marijuana Clubs are prohibited in all zone districts in the City. Clubs existing prior to the effective date of this LUDC may continue to operate.

18.04.13.3

Marijuana Testing Facility.

A.

Defined. Refer to Section 5.09.100 of the Manitou Springs Municipal Code.

B.

Use Standard. Refer to Section 5.09.100 of the Manitou Springs Municipal Code.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.14.1

Brewery, Distillery, or Winery.

A.

Defined. As defined by § 44-3-103, C.R.S., as amended. The facility is used primarily for the on-site manufacturing of beer, malt liquors, or wine which may include a tasting room associated with and on the same premises as a brewery, distillery, or winery, at which guests may consume and purchase, for on or off premises consumption, the manufacturer's products and other nonalcoholic beverages.

B.

Use Standards:

1.

A tasing room shall be less than or equal to thirty percent (30%) of the facility's total floor area, including any outdoor seating or accessory sales areas.

18.04.14.2

Contractor Office and Contractor Storage.

A.

Defined. The offices, sales, rental, and/or storage facilities for a specialized trade related to construction, electric,glass, painting and decorating, welding, water well drilling, sign making, or similar items. Includes storage yards for equipment, materials (including sand, road-building aggregate, or lumber), supplies and/or vehicles owned or rented by the establishment; roofing and sheet metal, fabrication of cabinetry and related millwork and carpentry, elevator maintenance and service, and venetian blind and metal awning fabrication and cleaning. Incidental sales of materials are included within this definition.

B.

Use Standards:

1.

All outdoor storage shall be fully screened from adjacent properties and rights-of-way. Screening is considered adequate if it includes a screening wall or an opaque fence that is at least seven feet in height. Materials and merchandise may not be stacked or stored higher than the wall or fence.

18.04.14.3

Equipment Repair Services.

A.

Defined. Maintenance, repair, and/or overhaul for large construction equipment, including high-capacity mechanical devices such as earth movers, dump trucks, tractors, augers, bulldozers, concrete mixers and similar type devices, when out of order or broken. Includes performing routine actions which keep the machines in working order or to prevent issues. All actions which have the objective of retaining or restoring an item in or to a state in which the item can perform the required function. The actions include the combination of all technical and corresponding administrative, managerial, and supervision actions.

B.

Use Standards:

1.

This use shall be entirely contained within a building or within a yard enclosed on all sides by a screening wall or an opaque fence at least seven feet in height.

18.04.14.4

Light Manufacturing or Industry.

A.

Defined. Manufacturing of products, from extracted, raw, recycled or secondary materials, including bulk storage and handling of those products and materials, or crushing, treating, washing, and/or processing of materials. Goods or products manufactured or processed on-site may be sold at retail or wholesale locations on or off the premises.

B.

Use Standards:

1.

This use shall be entirely contained within a building or within a yard enclosed on all sides by a screening wall or an opaque fence that conforms with Type C Buffer per Section 18.03.6.10.

2.

This use shall abide by the noise standard set forth by Ordinance No. 2817.

18.04.14.5

Makerspace or Artisan Manufacturing.

A.

Defined. A place in which people with shared interests, especially in computing, technology, micromanufacturing, and the creative industries can gather to work on projects while sharing ideas, equipment, and knowledge. Studios may or may not accommodate retail sales. Small-scale manufacturing may take place on site for the creation of products and goods for sale either on or offsite.

18.04.14.6

Mini Storage Facility.

A.

Defined. A facility containing separate, individual, private storage spaces, which may be of various sizes and which are rented pursuant to individual leases for varying periods of time

B.

Use Standards:

1.

All storage shall be kept within an enclosed building except recreation or other oversized vehicle which shall be stored only in exterior areas screened with a type "C" buffer per Section 18.03.6.10.

2.

Mini-Storage Facilities shall provide drive aisles between all buildings with a minimum width of twenty (20) feet for vehicle circulation and fire and emergency access.

3.

No Mini-Storage unit shall be used for the storage of explosives, ammunition, hazardous, or flammable materials.

4.

Mini-Storage units shall be used solely for the purpose of storage of goods and possessions and shall not be used for operation of a business, hobby, band rehearsal, or any type of activity not related to the storage of personal property of the owner or tenant of the unit. The use of storage spaces to conduct or operate a business is prohibited.

5.

The Mini-Storage Facility may include an accessory on-site office.

18.04.14.7

Workshop.

A.

Defined. A facility where goods are produced or repaired on a small scale by hand, using hand tools or small-scale equipment, including pottery, furniture making and restoring, upholstering, or other similar uses.

B.

Use Standards:

1.

This use shall be entirely contained within a building or within a yard enclosed on all sides by a screening wall or an opaque fence at least six feet in height.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.15.1

Club.

A.

Defined. Any membership organization including a lodge catering exclusively to the members and their guests and whose facilities are limited to meeting, eating and recreational use and whose activities are not conducted principally for monetary gain, but to pursue common goals, interests or activities. "Club" shall not include night clubs, bars, taverns or other institutions operated as a business and open to the general public.

18.04.15.2

Religious Land Use.

A.

Defined. A structure or group of structures intended for regular gatherings of people to attend, participate in or conduct religious services and other related activities and associated accessory uses. Associated accessory uses may include religious instructional classrooms, church offices, counseling programs, private school, youth programs, parking, child and adult day care facilities, summer camps, recreational facilities, caretaker's quarters, food bank, thrift shop, sale of religious items, and cemeteries.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.16.1

Emergency Service Facility.

A.

Defined. A publicly or privately owned safety and emergency service, including, but not limited to, fire stations, police stations, and emergency medical and ambulance service.

18.04.16.2

Health Care Support Facility.

A.

Defined. A facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions, such as medical or dental laboratories, blood banks, oxygen and miscellaneous types of medical supply and services facility.

18.04.16.3

Medical Care Facility.

A.

Defined. An establishment, whether or not licensed or required to be licensed by the State, or in which facilities are maintained, furnished, conducted, operated, or offered to prevent, diagnose, treat human disease, pain, injury, deformity or physical condition, whether medical or surgical, of two or more non-related mentally or physically sick or injured persons; or for the care of two or more non- related persons requiring or receiving medical, surgical, or nursing attention or service as acute, chronic, convalescent, aged, or physically disabled. This use includes an intermediate care facility, mental retardation facility, outpatient surgery center, birthing facility, diagnostic imaging facility, radiation therapy facility, dialysis facility, medical/physical rehabilitation and trauma unit, or related institution or facility that offers treatment on an outpatient basis. This use may be operated for profit or nonprofit, privately owned, or operated by a local government unit. This use includes any hospital, defined as any licensed and State of Colorado accredited health care institution with an organized medical and professional staff and with inpatient beds available around-the-clock, whose primary function is to provide inpatient medical, nursing, and other health-related services to patients for both surgical and nonsurgical conditions and that usually provides some outpatient services (such as emergency care).

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.17.1

Cemetery.

A.

Defined. A place, either public or private, dedicated to, used and intended to be used for the permanent interment of the dead, and shall include a burial plot for earth interments, a mausoleum for vault or crypt interments, a crematory, or a crematory and columbarium for cinerary interments, or a combination of one or more of the above.

18.04.17.2

Funeral Service.

A.

Defined. An establishment used primarily for funeral services, which may or may not include facilities on the premises for embalming and, performing of autopsies or other surgical procedures. Examples include funeral parlors, mortuaries, crematoriums, or columbaria.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.18.1

Library or Museum.

A.

Defined. A building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical, or artistic value or containing collections of books, periodicals, and sometimes films and recorded music for people to read, borrow, or refer to.

18.04.18.2

School.

A.

Defined. Any building or group of buildings, the use of which meets State of Colorado requirements for preschool, elementary, secondary, or higher education.

18.04.18.3

University or College.

A.

Defined. An institute of higher education authorized by the state to award associate, baccalaureate, or higher degrees, which may include on-site student, faculty, and/or employee housing facilities.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.19.1

Government Use.

A.

Defined. Any building open to the general use, participation or enjoyment of the public and owned by the City, county, state, or federal government, or a public utility corporation.

18.04.19.2

Public Service and Safety.

A.

Defined. Services provided by a governmental entity for the health, safety, and welfare of the community, such as public works, police, fire, or other similar services.

18.04.19.3

Public Utility Facility.

A.

Defined. An electricity substation, a gas regulator station, a telephone exchange, a water or sewer pump station, a water reservoir, water and sewer main lines, stormwater facilities, and the accessories used to provide the service.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.20.1

Active Recreation Space.

A.

Defined. Recreational uses requiring constructed facilities for activities, including but not limited to playing fields, ball courts, skate parks, and playground. May provide a variety of recreational amenities for dogs and persons that may include benches, parking, restrooms, and water fountains. If dogs are to be unleased, the area must be fenced.

18.04.20.2

Campground.

A.

Defined. A plot of ground for rent or lease upon which any campsites or recreational vehicles (RVs) are located, established, or maintained for occupancy by camping units such as tents, cabins, lean-to, recreational vehicles or similar structures as temporary living quarters for recreation, education or vacation purposes.

B.

Use Standards.

1.

The long-term occupancy of camp site is prohibited without an approved license and Conditional Use Permit per the long-term occupancy requirements for hotels/motels within this chapter.

18.04.20.3

Civic Space.

A.

Defined. A public or quasi-public use that is accessible to the public and primarily serves as gathering or meeting area for the immediate community, or reserved as open space that provides a community amenity or promotes environmental or ecological functions.

18.04.20.4

Common Open Space.

A.

Defined. Areas of trees, shrubs, lawns, grass, mulch pathways, and other natural and man-made amenities not within individual building lots, set aside for the use and enjoyment of residents, visitors, and other persons, unoccupied by buildings or facilities unless related to recreational activities, maintained by the private property owner. Generally, natural areas are intended to provide light and air and is designed for either scenic or recreational purposes. For the purpose of this Ordinance, natural open space includes active and passive recreation space, common open space, and dedicated open space.

18.04.20.5

Community Space.

A.

Defined. Either located in public buildings; or as a defined space in residential, commercial, or mixed-use developments; outdoor space, buildings, or facilities that serve as gathering places, such as community centers, property owner association meeting facilities, or neighborhood clubhouses.

18.04.20.6

Nature Preserves.

A.

Defined. Wildlife sanctuaries, conservation areas, and game preserves.

18.04.20.7

Park or Plaza Space.

A.

Defined. Areas which may be improved or landscaped, usually surrounded by streets or buildings. Park or Plaza Space includes parks, squares, plazas, playgrounds, and memorial parks. Park or Plaza Space may include cultural amenities such as fountains, ice rinks, and reflecting pools.

18.04.20.8

Passive Recreation Space.

A.

Defined. Nature and recreation trails that do not require infrastructure such as roads or utility services.

18.04.20.9

Urban Deck.

A.

Defined. A platform which spans over major roadways. The intent of an urban deck is to create and enable pedestrian movement across an otherwise, typically impenetrable barrier, and to provide space for activity that can link both sides of the roadway.

B.

Use Standards.

1.

An urban deck shall connect two publicly owned spaces such as parks, open spaces, public plazas, and public facilities.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.21.1

Docking Hub or Station.

A.

Defined. The site of one or more micromobility vehicle parking spaces designated for the purpose of parking, storing, and/or recharging micromobility vehicles and any kiosks, structures, or signage associated with or under the control of a single micromobility-share operation.

B.

Micromobility-Share and Other Micromobility Businesses and Operations Use Standards.

1.

Applicability.

a.

The requirements set forth in this chapter shall apply to all micromobility-share, micromobility vehicle, and micromobility applications for the operation of businesses providing rental services of any micromobility vehicles to the general public within the City limits of the City of Manitou Springs.

b.

The regulations herein shall not inhibit the use of medical micromobility devices such as powered wheelchairs and scooters nor inhibit the use of manually-powered mobility aids such as wheelchairs, walkers, crutches, and canes by individuals with disabilities and is not intended to limit or regulate the access or free movement of those individuals or transportation vehicles and devices anywhere in the City.

2.

Micromobility-share vehicle restrictions.

a.

Electric Bicycles. Class 1 and Class 2 electric bicycles are permitted for use in micromobility-share operations. Class 3 and Class 4 electric bicycles are prohibited for use in any micromobility-share operation.

b.

Electric Scooters. Electric scooters and scooter-share operations are prohibited as micromobility-sharebusinesses or operations.

c.

Electric Skateboards. Electric skateboards and skateboard-share operations are prohibited as micromobility-sharebusinesses or operations.

3.

Micromobility-share and micromobility business pilot program.

a.

Purpose and intent. The pilot program will allow the City of Manitou Springs to explore new ways of providing flexible, affordable, and accessible multi-modal transportation options and to assess whether these new options are successful in achieving the City's stated mobility goals such as increasing the percentage of individuals who have access to and take public transit, integrating new innovative technologies and practices seamlessly with the City's existing transportation, and reducing the impacts of traffic congestion and parking issues in the City's downtown and commercial areas.

b.

The City of Manitou Springs shall allow a total of two operators to be permitted and issued business licenses as part of the pilot program. Applications shall be evaluated and awarded based on the timing and the completeness of application requirements and code compliance.

c.

Eligibility. Any micromobility-share operator which is able to satisfy all of the requirements set forth in this Section and is willing to participate in the data collection and pilot program requirements set forth in this section.

d.

Duration of Pilot Program. The pilot program shall last in duration for one year from the approval for operation in the program and upon completion the operation shall be evaluated in terms of effectiveness in reaching the stated goals and objectives of the City as based on the data collected by the operator as part of their operation.

e.

Application. Eligible operators shall complete the micromobility share and micromobilitybusiness pilot program application and provide all information and documentation requested on the application.

f.

Permit Fees. The fees for application submittal and participation in the pilot program shall be set by City Council.

g.

Terms of Operation.

i.

Initial Fleet Size. Initial fleet size shall not exceed twenty micromobility-share vehicles per docking hub or station. Subject to City planning department approval, initial fleet sizes may be adjusted at any point following the first quarter report through a written request justifying the expansion or modification submitted to the City's planning department.

ii.

Initial Number of Docking Hubs or Stations. Initial participants shall be restricted to no more than three docking hubs or stations. Subject to City planning department approval, initial docking hub or station numbers may be adjusted at any point following the first quarter report through a written request justifying the expansion or modification and the proposal of new docking hubs or station locations for approval to the City's planning department.

h.

Data Collection. Each permit operator shall provide a quarterly report to the Planning Director, Mobility and Parking Manager, and Traffic Engineer containing the following information:

i.

User/rider numbers per docking station or hub.

ii.

Total trips by day, week, and time of day.

iii.

Origin and destination.

iv.

Average trip distance.

v.

Parking compliance and retrieval numbers or percentages.

vi.

Accident/crash information.

vii.

Incidents of theft or vandalism.

viii.

Complaints.

ix.

Vehicle maintenance information.

i.

The City of Manitou Springs reserves the right to modify any component of the pilot program or the scope of the program at any time during the pilot period. The City also reserves the right to terminate pilot program operations at any time and may require the operator to remove all fleet vehicles within the public right-of-way in no more than five days following notification of termination from the City of Manitou Springs.

4.

Micromobility-share vehicles and micromobility-share fleet requirements. Micromobility-share vehicles and micromobility-share fleets shall meet the following requirements:

a.

Unique Vehicle Identification. Each micromobility-share vehicle shall display a unique identification number or other unique identifier which is clearly visible to the user, the public, or City representatives.

b.

Vehicle Stickers. Each micromobility-share vehicle shall display a phone number and contact information to file complaints, to report abandoned vehicles, or to report maintenance and safety issues.

c.

Advertising. Operators shall not display third-party advertising on micromobility-share vehicles without the express approval of the City of Manitou Springs and shall be permitted to be displayed only in the following instances:

i.

The advertisement is for the micromobility-share operator or operation itself or a City-approved sponsor subject to City guidelines concerning sponsorship eligibility; or

ii.

The advertisement is for the City of Manitou Springs itself or a City-approved sponsor subject to City guidelines concerning sponsorship eligibility.

d.

Maintenance. Operators shall be responsible for maintaining their fleet vehicles and shall remove any inoperable or unsafe vehicle no less than twenty-four hours following notification or awareness of any suspected issue.

e.

Global Position Satellite Tracking or Location Devices. Micromobility-share vehicles shall have a GPS tracking or location device affixed to the vehicle to track movements, data collection, and parking locations for vehicle retrieval purposes.

5.

Micromobility vehicle leasing and mobile application requirements.

a.

Leasing/Membership Agreement. Each operator shall be required to establish a membership program or leasing agreement for users through their rental interface platform in which the user is required to acknowledge, sign, and agree to the following:

i.

The requirement to follow the Model Traffic Code set forth in Chapter 10.04 of the Municipal Code;

ii.

A statement of user liability;

iii.

An agreement to follow specific user regulations regarding proper parking locations, safe vehicle usage, and City of Manitou Springs penalties for violations such as misuse, improper parking, and/or vehicle theft/abandonment; and

iv.

An agreement regarding the use or non-use of safety equipment such as helmets or other equipment meant to protect the renter and a statement of user injury liability which may result from use of the micromobility-share vehicle under their lease.

b.

Privacy. Each operator shall be required to establish a privacy policy which safeguards the renter's personal and financial information which shall be in compliance with the payment card industry data security standards.

c.

Incentives. Operators shall provide incentives and/or penalties for micromobility-share vehicle renters which encourage the return of micromobility-share vehicles to docking hubs or stations to minimize the effects of unused and abandoned vehicles impeding pedestrian traffic in the right-of-way, to better ensure micromobility-share vehicle availability to other users, and to reduce the impact on operator resources in terms of vehicle retrieval and redocking.

6.

Geofencing requirements. Any and all micromobility vehicles in live operation and available for lease or rental as part of a micromobility fleet or micromobility operation shall be restricted to powered operation as follows:

a.

Micromobility vehicles shall be subject to the City's regulations governing their use or operation on sidewalks or pedestrian walkways within the City limits of the City of Manitou Springs.

b.

Micromobility vehicle renters shall be prohibited from operation of micromobility-share vehicles except within the edge of pavement of the permitted rights-of-way.

c.

Operators shall demonstrate the micromobility-share vehicles in the fleet are capable of navigating under the specific geofencing requirements set forth in this section

7.

Micromobility-share vehicle parking, micromobility-share racks, and docking hubs or stations.Micromobility-share operations and infrastructure shall be evaluated, reviewed, and approved based on the following criteria and requirements:

a.

A property improvement permit shall be required under the requirements set forth under Chapter 18.06. The following materials shall be submitted for permitting:

i.

A completed property improvement permit application

ii.

A site plan in compliance with the requirements set forth in Section 18.16.020 of the Municipal Code and containing the following information:

1)

The location and dimensions of the proposed site and features; and

2)

The configuration of micromobility vehicle parking spaces or micromobility-share racks proposed; and

3)

The setbacks labelled, if applicable; and

4)

The location of any wayfinding or informational signage; and

5)

The location, dimensions, and height of rental kiosks or stations; and

6)

The total number of micromobility vehicle parking spaces or micromobility-share racks proposed; and

7)

The total number of micromobility-share vehicles proposed for use at the specific location.

iii.

Cut sheets, specifications sheets, visual representations, and/or drawings of the proposed micromobility-share site and features with dimensions and heights labelled.

iv.

Any required encroachment licenses or agreements, as may be required under Section 12.04.050 of the Municipal Code for development and minor encroachments in the public right-of-way under the ownership, authority, or control of the City of Manitou Springs.

v.

Any written permissions or approvals from any outside entities which have authority or jurisdiction over a given public right-of-way, such as the Colorado Department of Transportation or any other public transportation authority.

vi.

Any filed or proposed easements or agreements between private property owners and the micromobility-sharebusiness to allow this specific use on the private property.

b.

Location.

i.

The use of public property and public space is encouraged. This includes locating micromobility-share parking, micromobility racks, and docking hubs or stations on public sidewalks, preferably adjacent to existing public transportation features such as bus stops and shelters, in public parking lots, and City parks.

ii.

The City also encourages the use of private property and private parking lots, particularly in the Urban Renewal Areas. A written easement or other agreement filed with the El Paso County Clerk and Recorder between the property owner and the micromobility operator shall be required as part of the property improvement permit and plan review process as set forth under Section 18.91.100A of this chapter.

c.

Micromobility-Share Parking and Docking Hub/Station Requirements. Micromobility-Share Parking spaces shall meet the following requirements:

i.

A single parking space shall measure no less than six feet by three feet in size and be able to accommodate the length and width of the micromobility-share vehicle deployed by the micromobility operation.

ii.

Each parking space shall contain, at minimum, one micromobility rack in which two micromobility-share vehicles may be docked, stored, or locked in an upright position; one vehicle per each side of the rack in an upright position.

iii.

A single parking space shall not accommodate more than two micromobility-share vehicles regardless of whether the micromobility rack is configured in the center of the parking space or at the ends of the parking space.

d.

Docking hubs or stations shall meet the following requirements:

i.

Docking hubs or stations sited in the public right-of-way shall be located a minimum of one foot six inches from the back of the curb or flowline.

ii.

Docking hubs or stations sited in the public right-of-way shall be located to provide a minimum of six feet of clear walkway for pedestrian traffic on sidewalks.

iii.

Docking hubs or stations sited in the public right-of-way shall not be located within the vision clearance triangle set forth in Section 18.02.1.4.

iv.

Rental Kiosks and Other Rental Interface Structures. Micromobility-share operators are encouraged to develop, establish, and provide a secondary method for supplying rental services to individuals who are unable to access or use the mobile device application utilized as the primary method of leasing micromobility-share vehicles from a micromobility-share operator such as a kiosk or other physical rental interface.

e.

Wayfinding and Other Signage.

i.

All wayfinding and informational signage shall be limited to one free-standing sign per micromobility-share hub or station location provided they do not exceed six square feet per side and do not to obstruct or impair the safety of pedestrian or vehicular traffic.

8.

Micromobility-share vehicle retrieval. Micromobility-share operators shall be required to retrieve all fleet vehicles from the public right-of-way which were abandoned or not returned to a permitted docking station or hub within no more than twenty-four hours following the time the vehicle was last rented by a user. Repeated failure to comply will result in termination of program participation.

9.

Electric scooters and electric scooter-share businesses and operations. Electric scooter-share businesses and operations shall be prohibited from operation in the City of Manitou Springs. The City cites the following findings as just cause for this prohibition:

a.

The recent introduction of electric scooter-share rental operations and businesses in various municipalities has created significant public health, safety, and wellness hazards which require specific infrastructure and management not currently suitable or feasible in the City of Manitou Springs considering the existing geographic constraints, enforcement resources, and infrastructure in place; and

b.

The recent introduction of electric scooter-share rentals in various municipalities has created significant vehicle and pedestrian safety hazards by cluttering sidewalks, impeding pedestrian traffic, and causing vehicular accidents where not properly regulated or provided a designated space for use; and

c.

The recent introduction of electric scooter-share operations and businesses in various municipalities has created challenges when enforcing existing regulations which restrict or prohibit wheeled vehicles on pedestrian sidewalks; and

d.

The City of Manitou Springs is committed to the safe operation and regulation of electric micromobility-share operations and businesses and desires further study and cases in other municipalities as these operations are more widely implemented and more successful regulatory resolutions and solutions are publicly known to determine the feasibility and potential of electric scooter-share operations in the City in the future

10.

Electric skateboard and electric skateboard-sharebusinesses and operations. Electric skateboard-sharebusinesses and operations shall be prohibited from operation in the City of Manitou Springs. The City cites the following findings as just cause for this prohibition:

a.

The recent introduction of electric skateboard-share rental operations and businesses in various municipalities has created significant public health, safety, and wellness hazards which require specific infrastructure and management not suitable or feasible in the City of Manitou Springs considering the existing geographic constraints, enforcement resources, and infrastructure in place; and

b.

The recent introduction of electric skateboard-share rentals has created significant vehicle and pedestrian safety hazards by cluttering sidewalks, impeding pedestrian traffic, and causing vehicular accidents where not properly regulated or provided a designated space for use; and

c.

The recent introduction of electric skateboard-share operations and businesses in various municipalities has created challenges when enforcing existing regulations which restrict or prohibit wheeled vehicles on pedestrian sidewalks; and

d.

The City of Manitou Springs is committed to the safe operation and regulation of electric micromobility-share operations and businesses and desires further study and cases in other municipalities as these operations are more widely implemented and more successful regulatory resolutions and solutions are publicly known to determine the feasibility and potential of electric skateboard-share operations in the City in the future.

11.

Penalties and violations. Violations of this chapter shall subject the violator to loss of the business license pursuant to the provisions of Section 5.04.090 of the Manitou Springs Municipal Code and to the penalties set forth in Chapter 1.16.

18.04.21.2

Parking Facility.

A.

Defined. A structure, either publicly or privately owned, that is enclosed or open, with a hard surfaced area (other than a public street or private road), designed, arranged, and made available for parking vehicles, where such use may be operated as a business enterprise with a service charge or fee being paid by the vehicle operator. Off street parking facilities may include, but not be limited to, a commercial parking lot and public garage.

18.04.21.3

Transit Facilities.

A.

Defined. Transit or bus shelters, bus terminals, stations, and associated right-of-way. A "transit shelter" means a roofed structure on or adjacent to the right-of-way of a street, which is designed and used primarily for the protection and convenience of bus passengers.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.22.1

Wireless Communications Facilities.

A.

Defined. A facility used to provide personal wireless services as defined at 47 U.S.C. Section 332 (c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A wireless facility does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the LUDC. A wireless facility includes an antenna or antennas, including without limitation, directional, omni-directional and parabolic antennas, base stations, support equipment, and towers. It does not include the support structure to which the wireless facility or its components are attached if the use of such structures for wireless facilities is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or handheld radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this chapter. For the purposes of the Use Table, Wireless Communications Facilities have been broken out into the following categories:

1.

Broadcasting Tower;

2.

Collocation on Eligible Facilities;

3.

New Freestanding Wireless Facility;

4.

New Roof or Building Mounted Wireless Facility;

5.

Small Cell Facility;

B.

Use Standards.

1.

Purpose. To accommodate the communication, need of residents and businesses while protecting the public, health, safety, and general welfare the City council finds that these regulations are necessary to:

a.

Provide for the managed development and installation, maintenance, modification, and removal of wireless facilities infrastructure in the City with the fewest number of wireless facilities to complete a network without unreasonably discriminating against wireless communications providers, including all of those who install, maintain, operate, and remove wireless facilities;

b.

Promote and protect the public health, safety, and welfare by reducing the visibility of wireless facilities to the fullest extent possible through techniques including but not limited to camouflage design techniques and undergrounding of the equipment associated with wireless facilities;

c.

Encourage the deployment of smaller, less intrusive wireless facilities to supplement existing larger wireless facilities;

d.

Encourage design and locations standards so that facilities have a negligible impact to the community;

e.

Encourage the location of towers in non-residential areas in a manner that minimizes the total number of towers needed throughout the community;

f.

Encourage the collocation of wireless facilities on new and existing sites;

g.

Enhance the ability of wireless communications service providers to provide such services to the community quickly, effectively and efficiently;

h.

Effectively manage wireless facilities in the right-of-way;

i.

Implement state and federal law relating to the siting and processing of wireless facilities, including Colorado Revised Statutes §§ 29-27-401—29-27-404); and

j.

Manage amateur radio facilities and over-the-air devices in the City.

2.

Applicability.

a.

The requirements set forth in this section apply to all wireless facility applications for base stations, alternative tower structures, towers, micro cells, and small cell wireless facilities, all as defined in Title 18, Chapter 7 of this LUDC and further addressed herein, and all other wireless facilities unless exempt under subsection B. If more than one standard in this subsection applies to a proposed wireless facility, the most restrictive standard governs.

b.

The requirements set forth in this section do not apply to:

i.

Federally licensed amateur radio antenna, over-the-air receiving device (OTARD), and residential television reception/antennatowers if the height is no more than the distance from the base of the antenna to the property line.

ii.

Pre-existing wireless facilities. Any wireless facility for which a building permit or other use approval was properly issued prior to [October 6, 2019], is not required to meet the requirements of this section, other than the requirements of Section 18.06.4.24.

iii.

Miscellaneous antennas. Antennas used for reception of television, multi-channel video programming and radio such as OTARD antennas, television broadcast band antennas, and broadcast radio antennas, if the height is no more than the distance from the base to the property line and any generally applicable requirements contained in this section are met.

iv.

A temporary wireless facility serving the general health, safety and welfare of the residents of the City of Manitou Springs installed upon the declaration of a state of emergency by the federal, state, or local government or other written determination of need by the federal, state or local government.

v.

A temporary wireless facility installed to provide sufficient coverage for a local special event, subject to administrative approval by the City through the local event permit process in Chapter 12.24.

c.

No provisions of this chapter create a vested right to the placement of a facility in the permitted location and the City may, in the future, require modifications, relocation, or removal of wireless facilities in their permitted locations to the extent permitted by applicable law, including without limitation any amendments to the Federal Communications Commission regulations or other laws relating to the City's authority to regulate such facilities based on human health effects (including the health effects of radiofrequency energy or radiation).

3.

Standards for all wireless facilities.

a.

Federal Requirements. All wireless facilities shall meet the current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communication Commission (FCC) and any other agency of the federal government with the authority to regulate wireless facilities. If those standards and regulations change, the owners of the wireless facility shall bring the facility into compliance with the revised standards and regulations within the time period mandated by the controlling federal agency. Failure to meet the revised standards and regulations is grounds to remove the facility at the owner's expense.

b.

Operation and Maintenance. To ensure the structural integrity of wireless facilities, the owner of a wireless facility shall ensure it is maintained in compliance with the standards contained in the international building codes and national electric code, as applicable and adopted by the City from time to time. The owner of a wireless facility shall ensure ongoing compliance, operation and maintenance consistent with the City's approval, including but not limited to the upkeep of site landscaping, paint and surface treatments, litter removal, fence or screening repair, and general maintenance to assure a clean, well-kept wireless facility.

c.

Abandonment and Removal. If a wireless facility has not been in use for a period of three months, the owner of the wireless facility shall notify the City of the non-use and shall indicate whether re-use is expected within the ensuing three months. Any wireless facility that is not operated for a continuous period of six months is considered abandoned. The City, in its sole discretion, may require an abandoned wireless facility to be removed. The owner shall remove the wireless facility within thirty days of receipt of written notice from the City. If the wireless facility is not removed within this time, the City may remove it at the owner's expense and any approved permits for the wireless facility are deemed to have expired. Additionally, the City, in its sole discretion, shall not approve any new wireless facility application until the applicant who is also the owner or operator of any the abandoned wireless facility removes that wireless facility or payment for the removal is made to the City. Nothing in this subsection limits an applicant from applying for an eligible facility request on an existing eligible support structure.

d.

Order of Preference. All wireless facilities shall be located in the following order of preference:

i.

First: Collocated on existing structures such as buildings, communication towers, flagpoles, church steeples, cupolas, ball field lights, non-ornamental/antique street lights such as highway lighting, etc.

ii.

Second: In locations where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening.

iii.

Least: On vacant ground or highly visible sites without significant visual mitigation and where screening/buffering is difficult.

Before a location of lesser preference is permitted, the applicant shall provide evidence satisfactory to the City that a more preferred location is not available or feasible from a technology standpoint.

e.

Collocation. No wireless facility owner or operator shall unreasonably exclude a wireless competitor from using the same facility or location. Upon request by the City Administrator, the owner or operator shall provide evidence explaining why collocation is not possible at a particular facility or site.

f.

Undergrounding Utilities. All utilities serving wireless facilities shall be underground, unless the applicant demonstrates that it is not feasible from a construction, design, and engineering perspective.

g.

Lighting. Wireless facilities shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the wireless facility is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the City may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences. The City shall have the right to require the applicant to install an LED streetlight on the small cell pole and operate and maintain that street light.

h.

Eligible Facilities and Small Cell Facilities. In all zoning districts, eligible facilities requests and small cell wireless facilities are considered a use by right subject to administrative review pursuant to Section 18.06.4.24. All eligible facilities request applications shall be reviewed and approved in compliance with federal rules in effect at the time the application is received.

i.

Historic District. All wireless facilities within a historic district or within two hundred fifty feet of the boundary of a historic district must be located or camouflaged so that they are not readily apparent from any public right-of-way or residential property; nor shall new installations be located on a structure that is designated as a contributing structure pursuant to the City's historic preservation regulations or as a National Historic Landmark listed in the National Register.

j.

Buffering and Landscaping. All wireless facilities shall meet the following requirements:

i.

Sited in a manner that does not reduce the landscaped areas for the other principal uses on the parcel.

ii.

Landscaped with a buffer of plant materials that effectively screen the view of the facility from adjacent residential property. The standard buffer shall consist of the front, side, and rear landscaped setback on the perimeter of the site.

iii.

Located where the visual impact of the facility is minimal.

iv.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as wireless facilities sited on large, wooded lots, natural growth around the site perimeter may be sufficient to buffer.

v.

No trees larger than four inches in diameter measured at four and one-half feet high on the tree may be removed, unless authorized by the City Administrator. To obtain such authorization the applicant shall show that tree removal is necessary, the applicant's plan minimizes the number of trees to be removed, and any trees removed are replaced at a ratio of two to one.

k.

Antenna Limitations. No antenna for any wireless facility shall be located:

i.

Lower than twenty feet above existing grade on or adjacent to sidewalks, trails, walkways, paths, or similar routes upon which pedestrians or cyclists travel; or

ii.

Closer than fifty feet without City approval to the exterior of any residence or business unless the facility is roof or wall-mounted.

l.

Alternative Energy Sources. All wireless facilities shall be powered by alternative sources of renewable energy (such as solar or wind) when reasonably feasible and when those requirements do not materially inhibit an operator's ability to deploy such facilities. Applicants shall provide the City with a description of the power sources used for all wireless facilities and shall provide a basis for not using alternative sources of renewable energy when those forms of energy will not be used.

4.

Wireless facilities in the right-of-way. Wireless facilities may be permitted within the public right-of-way, after submittal of an application from an applicant, review and approval pursuant to Section 18.06.4.24 by the City and adherence to the following standards:

a.

Non-small cell facilities are discouraged in the right-of-way. Applicants requesting approval of a new non-small facility shall obtain approval pursuant to this chapter and demonstrate that:

i.

There are no exceptional circumstances which prohibit installation of a small cell facility; and

ii.

There are no feasible alternatives to locate the wireless facility outside of the right-of-way.

b.

Attachment of small cell facilities on an existing or replacement traffic light pole, street light standard, or other vertical infrastructure shall be permitted following administrative review by the City Administrator for conformance with this chapter, and provided that:

i.

The facility utilizes camouflage and concealment design techniques; and

ii.

The facility does not exceed the height of the existing infrastructure on which it is mounted by more than five feet.

c.

A new alternative tower structure shall be permitted for non-small cell facilities following administrative review by the City Administrator for conformance with this chapter, provided that:

i.

The new structure is architecturally compatible with the surrounding area through application of camouflage and concealment design techniques; and

ii.

The facility height is not more than:

iii.

Thirty feet when the facility is within two hundred fifty feet of a property, as measured from the property line, containing a single-family or multi-family residential use, or the facility is within two hundred fifty feet of the boundary of a historic district or a structure that is designated as a National Historic Landmark or listed or eligible for listing in the National Register;

iv.

Thirty-five feet when the facility is within two hundred fifty of a property, as measured from the property line, zoned open space; or

v.

Forty feet in all other areas.

vi.

The facility is separated from all other freestanding wireless facilities within right-of-way by a distance of at least six hundred feet, unless the facility replaces an existing traffic signal, street light pole, or similar structure as determined by the City Administrator.

vii.

When placed near a residential property, the facility shall be placed adjacent to a common property line between adjoining residential properties, such that the facility minimizes visual impacts equitably among adjacent properties, unless landscaping, topography, other structures, or other considerations minimize visual impacts to a greater extent at a different location.

viii.

The facility does not alter vehicular circulation or parking within the right-of-way or impede vehicular, bicycle, or pedestrian access or visibility along the right-of-way or interfere with the Americans with Disabilities Act regulations.

ix.

No alternative tower structure may be located or maintained in a manner that causes unreasonable interference. Unreasonable interference means any use of the right-of-way that disrupts or interferes with its use by the City, the general public, or other person authorized to use or be present upon the right-of-way, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the right-of-way that disrupts vehicular or pedestrian traffic, any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare.

d.

All ground based accessory equipment shall be installed in an underground vault, collocated within a traffic cabinet, or integrated into an alternative tower, unless the applicant demonstrates that it is not feasible. If applicant demonstrates that such installations are not feasible, ground based accessory equipment may be installed above ground with nothing projecting more than thirty-six inches above grade; provided that ground based accessory equipment shall meet the requirements for alternative towers set forth in subsections (C)(5) and (C)(6) above. All above grade ground based accessory equipment shall be setback from trails and sidewalks a minimum of two feet.

e.

Any necessary wiring or cabling shall be located within the pole or located within a fully enclosed sheathing attached to the pole. Such sheathing shall be the same color as the pole and may not extend out from the pole more than four inches.

f.

The City Administrator may allow a reduction in the separation requirement or an increase in the maximum height requirement if the applicant demonstrates through technical network documentation that the requirement cannot result in a feasible network. The City may require that a City-retained technical consultant complete a study at the applicant's expense to evaluate the applicant's technical network documentation and provide an independent opinion regarding the impact on network feasibility. The request must also result in a facility that meets the following criteria:

i.

The request will not alter the essential character of the neighborhood or district in which the facility is located, nor substantially or permanently impair the appropriate use or development of adjacent property.

ii.

Approval of the request is warranted by the design incorporated in the proposal and the benefit provided to the City.

g.

License Agreement. At the City's option, the applicant may be required to execute a license agreement before the installation of a wireless facility within the right-of-way. The City Administrator shall be authorized to execute said license agreements on behalf of the City.

h.

Approval Expiration. Unless otherwise set forth in the license agreement between the City and applicant, a permit for a wireless facility in the right-of-way shall expire twelve months after approval unless construction of the permitted structure has been initiated. The applicant shall have sixty days from start of construction to complete installation of the small cell. If not installed the City can stop any work and require the removal and restoration of the site. The applicant will be required to reapply for a permit and pay a new permit fee and all restoration fees.

5.

Wireless facilities not in the right-of-way. Wireless facilities may be permitted outside of the public right-of-way, after submittal of an application from an applicant, review, and approval pursuant to Section 18.88.060 by the City and adherence to the following standards:

a.

In residential zone districts or on residentially developed property, wireless facilities are permitted only on institutional structures or multi-family structures containing eight or more dwelling units and shall not be located on a tower. Towers are prohibited in residential zone districts.

b.

Design Standards. All wireless facilities shall be located and designed to be compatible and blend in with surrounding buildings and existing or planned uses in the area through the use of camouflage and concealment design techniques.

i.

Wall-Mounted Communication Facility.

a)

Such facilities shall be architecturally compatible with and textured and colored to match the building or structure to which they are attached.

b)

The antenna shall be mounted as flush to the wall as technically possible. The maximum protrusion of such facilities from the building or structure face to which they are attached shall be two feet.

c)

Panel antenna shall not extend above the building wall or parapet to which they are attached.

d)

Wall-mounted antenna are not subject to a maximum mounting height above grade, if they meet the standards above.

e)

Wall-mounted facilities meeting the standards above meet the camouflage and concealment design requirement.

ii.

Roof-Mounted Communication Facility.

a)

All roof-mounted wireless facilities and accessory equipment shall be fully screened from view with existing parapets or with the addition of architecturally compatible screening walls or other structures as viewed at ground level at all adjacent property boundaries, including property lines across adjacent rights-of-way.

b)

Any screening walls shall be set back from the parapet or roof edge so that visibility from the street or adjacent residential properties is minimized to the greatest extent possible.

c)

Roof-mounted communication facilities and accessory equipment shall not be permitted on a sloped roof, unless it can be demonstrated that it is not visible from the street or adjacent residential areas.

d)

Roof-mounted communication facilities are subject to the following height regulations:

-

Roof-mounted antenna and equipment are not subject to a maximum height when proposed on an existing structure, if the applicant demonstrates that all roof-mounted antenna and accessory equipment can be located behind an existing parapet or existing screen wall that is at least as tall as the antenna and accessory equipment. Expansions to existing screen walls may be authorized by the City Administrator, if the applicant can demonstrate that any expansion does not result in any additional height and is in compliance with the design standards above.

-

Roof-mounted antenna and accessory equipment not meeting the standard above are subject to the maximum building height for the zoning district or applicable design standards, whichever is stricter.

-

Roof mounted panel antenna shall not extend more than six feet above the roof parapet.

-

Roof-mounted whip antenna shall not extend more than ten feet above the building to which they are mounted

iii.

Freestanding and alternative tower communication facilities.

a)

The applicant shall demonstrate that freestanding wireless facilities are necessitated by exceptional circumstances which prohibit the installation of a wall or roof mounted structure or alternative tower structure and that the visual impact of a freestanding wireless facility is negligible from surrounding properties and streets.

b)

Freestanding wireless facilities shall not be permitted between the principal structure and the street.

c)

The minimum setback from property lines for freestanding and alternative tower structures shall be the lesser of the following:

-

The facility height, when the facility is within two hundred fifty feet of an existing residential structure;

-

The setback applicable to principal structures in the zoning district; or

-

An alternative setback, approved by the City Administrator, for alternative tower structures where the facility replaces or proposes an accessory structure to an established principal use, to include, but not limited to, signs, and light poles, where it is evidenced that the siting and location of the alternative tower structure allows for camouflage and concealment design techniques to a greater extent than would be achieved by application of the principal structure setback.

d)

Freestanding and alternative tower structures are subject to the maximum building height for principal structures for the zoning district or applicable design standards, whichever is stricter.

iv.

Ground based accessory equipment. All ground based accessory equipment that is associated with freestanding, alternative tower structures, roof-mounted or wall-mounted facilities are subject to the following requirements:

a)

Ground based accessory equipment shall be subject to the accessory structure setback requirements in the underlying zone district or the applicable design standards, whichever is stricter.

b)

Ground based accessory equipment or buildings constructed for the primary purpose of containing accessory equipment shall not exceed twelve feet in height.

c)

Ground based accessory equipment not fully enclosed in a building shall be fully screened from adjacent residential property and public rights-of-way with a Type C Buffer per Section 18.03.6.10.

d)

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

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.23.1

Junkyard.

A.

Defined. A building or structure or parcel of land or a portion thereof used for the collecting, storage, or sale of wastepaper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging, or demolition of vehicles, machinery, or other materials and including the sale of whole or parts thereof.

B.

Use Standards:

1.

The yard shall be kept in good repair and be maintained to prevent nuisances and avoidable adverse impacts on abutting properties at all times.

2.

This use shall be entirely contained within a building or within a yard enclosed on all sides by a screening wall or an opaque fence at least six feet in height.

18.04.23.2

Recycling Facility.

A.

Defined. A facility used for the collection and/or processing of recyclable material. Processing means the preparation of material for efficient shipment by such means as baling, compacting, flattening, grinding, crushing, mechanical sorting or cleaning. Such a facility, if entirely enclosed within a building or buildings, shall be considered a warehouse.

B.

Use Standards:

1.

Recycling activities shall be conducted in an enclosed structure or container in an area enclosed on all sides by a wall or solid fence at least seven feet in height and kept in good repair at all times. No materials shall be stored or kept at a level higher than the surrounding wall or fence.

18.04.23.3

Solid Waste Facility.

A.

Defined. A facility where non-hazardous wastes are taken from collection vehicles, temporarily stored, and ultimately relocated to a permanent disposal site. This includes any facility, incinerator, landfill, materials recovery facility, municipal solid waste landfill, private or public solid waste management facility, recovered materials processing facility, sanitary landfill, or solid waste management facility.

B.

Use Standards:

1.

The use shall be entirely enclosed within a building or yard enclosed on all sides by a wall or solid fence at least seven feet in height and kept in good repair at all times. No waste shall be stored or kept at a level higher than the surrounding wall or fence.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.24.1

Generally.

A.

Accessory structures are permitted on private property within the City of Manitou Springs in accordance with the setbacks outlined in the dimensional standards table and the following:

1.

The gross floor area of the cumulative total of accessory structures on a lot shall not exceed the gross floor area of the primary structure.

2.

No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is an accessory.

3.

Intermodal shipping containers and portable-on-demand storage containers are prohibited for use as accessory structures in all zoning districts.

4.

Accessory structures must be prefabricated or constructed using a rigid framework of wood, inflexible clear glass or plexiglass. No plastic sheeting, corrugated or reusable steel walls, fabric walls, or tarps are permitted in connection with these structures.

5.

Accessory structures may not include any sanitary or kitchen facilities.

6.

Accessory structures shall comply with the requirements of the Regional Floodplain Regulations as amended, and Chapters 6.16 and 6.18 of the Municipal Code.

18.04.24.2

Art and Craft Fair.

A.

Defined. A booth-style convention exhibition that hosts various galleries, collectives, curators, independent artists, and craftspeople to showcase artwork to collectors and buyers for purchase, typically lasting multiple days.

18.04.24.3

Home Daycare.

A.

Defined. A family child care home, as defined in § 26-6-102(4), C.R.S., for two (2) or more but no more than six (6) children.

18.04.24.4

Home Occupation.

A.

Defined. An accessory use of a dwelling unit for low-intensive businesses that may not compatible with the residential character of the neighborhood.

B.

Exempted Uses and Activities.

1.

Home Daycares are permitted and shall not be regulated as Home Occupations provided that the Home Daycare is also the primary residence of the operator.

2.

Activities that create no external visual changes and produce no noise, vibration, smoke, dust, odor, heat, glare or other discernable impacts outside the dwelling, including drawing, writing, and operating telephones, sewing machines, or computers, shall not require a Home Occupation Permit, provided that the following requirements are met:

i.

No employees or customers visit or park vehicles on the premises;

ii.

No signs are displayed; and

iii.

No deliveries other than those ordinarily associated with residential uses are made on the site.

C.

Use Standards.

1.

Permit Required. A Home Occupation Permit is required prior to the operation of any Home Occupation unless exempted by Section 18.04.24.4(B).

2.

Operating Standards. The following operating standards shall apply to all Home Occupations unless exempted by Section 18.04.24.4(B).

i.

Home Occupations shall be in conformance with all applicable laws and regulations of the City.

ii.

No more than two home occupations shall be permitted per dwelling unit.

iii.

The operator of the Home Occupation shall reside in the dwelling unit.

iv.

The Home Occupation(s) shall not have more than one employee who does not reside in the dwelling unit.

v.

For Home Occupations located within a primary structure no more than 49 percent of the total interior floor area of the dwelling unit may be used in connection with the Home Occupation(s).

vi.

For Home Occupations located within an accessory structure, the maximum square footage allowed for Home Occupations shall be the same as the maximum permitted in the associated a primary structure.

vii.

There shall not be any interior or exterior, structural or aesthetic alterations that change the residential character of the dwelling unit within which the Home Occupation operates.

viii.

Home Occupations may have one wall or hanging sign affixed to the primary structure. The sign shall be limited to a maximum of two square feet and shall have no exterior, interior or neon lighting.

ix.

The Home Occupation(s) shall be conducted only within an enclosed dwelling, accessory structure, or attached or detached garage excluding porches, except that plants that are part of the home occupation may be grown anywhere on the premises, and Daycare Homes may utilize outdoor play areas.

x.

There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable beyond any boundary line of the property due to the conduct of the Home Occupation(s).

xi.

Outdoor display of goods, materials, supplies, or equipment is prohibited.

xii.

Direct sales and/or rentals of products from the property on which the Home Occupation is located is prohibited except for incidental sales of products related to personal services provided through the Home Occupation(s).

xiii.

Customer visits associated with the Home Occupation shall not occur before 8AM or after 8PM.

xiv.

No vehicles requiring the operator to have a commercial driver's license shall be allowed in conjunction with any Home Occupation.

3.

Prohibited Uses. In no event shall a home occupation include any of the following uses:

a.

Body or mechanical repair, modification, or painting of motor vehicles and repair of internal combustion engines;

b.

Animal hospital or kennel;

c.

Medical/dental facilities other than office consultation services; and

d.

Health care facility providing residential services.

18.04.24.5

Kiosk.

A.

Defined. A small, free-standing digital display or building with open-air sides, either temporary or semi-permanent in nature, used for providing information, selling, or renting merchandise, or displaying advertisements on either private property or public rights-of-way.

B.

Use Standards.

1.

Kiosks proposed within the public right-of-way shall meet the standards set forth in Title 12 - Streets and Other Public Places.

18.04.24.6

Mobile Food Cart or Mobile Vending Unit.

A.

Defined. Peddling, vending, selling, serving, displaying, offering for sale or giving away services, goods, wares, merchandise, food, or beverages from a location without a fixed structure, regardless of whether the activity occurs on public or private property. Mobile Vending includes, without limitation, offering services and goods from a mobile vending unit, a mobile food cart, tables, mats, or blankets.

B.

Use Standards

1.

Licensed restaurants may conduct outdoor sales from mobile food carts on private property.

2.

Mobile food carts must be inspected and licensed by the El Paso County Health Department.

3.

A minimum of one garbage receptacle must be provided near the mobile vendor. Provision of recycle containers is encouraged.

18.04.24.7

Outdoor Display.

A.

Defined. A product or group of products displayed and offered for sale outdoors and is subordinate to a principal commercial use. A display shall not impede the use of the public right-of-way or pedestrian flow and may include but is not necessarily limited to a wide variety of styles such as a cart, clothing rack, specialized display rack, table, shelve, mannequin or freestanding product display such as a piece of art or furniture.

B.

Use Standards.

1.

Placement of outdoor displays or seating on public property shall be governed by Chapter 12.04 of the Manitou Springs Municipal Code.

2.

Each business may have one outdoor display not to exceed a fifteen square foot footprint.

3.

The business owner is responsible for the cleanliness and maintenance of the outdoor display area.

18.04.24.8

Outdoor Storage.

A.

Defined. An unroofed area, or a roofed structure enclosed on not more than three sides, for the keeping of any goods, materials, or merchandise in the same place for more than twenty-four hours. All outdoor storage shall be Screened with a Type C Buffer per Section 18.03.6.10. Storage of materials shall not be stacked higher than the fence or wall height.

18.04.24.9

Pop-Up Shop.

A.

Defined. A retail business that is deliberately temporary, that "pops-up" for a limited period of time.

B.

Use Standards.

1.

Placement of pop-up shops and shall be governed by Chapter 12.04 of the Manitou Springs Municipal Code.

18.04.24.10

Portable-on-Demand Storage Container.

A.

Defined. A purpose-built, detachable, box-like container manufactured out of corrugated or reusable steel or other material designed for and customarily associated with temporary storage of household goods and/or equipment or moving household or dry bulk goods from one place to another.

B.

Use Standards:

1.

Containers may be temporarily placed on construction sites, for storage incidental to an active construction or remodeling project, provided that:

a.

A building permit has been issued for construction on the site and the permit has not expired; and

b.

The container is removed once construction is completed or ceased or once the building permit expires, whichever occurs first.

2.

A single portable-on-demand storage container may be placed on a parcel of private property, for a period totaling no more than thirty (30) days, for the purpose of loading or unloading goods to permanently relocate the associated use.

3.

A single portable-on-demand storage container may be placed in the public right-of-way for the purposes of loading or unloading goods subject to a revokable Temporary Use Permit.

18.04.24.11

Produce Stand, Temporary.

A.

Defined. A temporary structure where local food producers and artisans sell fresh fruits, produce, flowers and value-added food products like jams, jellies, pickles, sauces or baked goods, in addition to arts and craft items.

18.04.24.12

Special Event.

A.

Defined. Temporary activity open to the general public, whether by general admission or through ticketed access, and occurring on public or private property, including without limitation, block parties, parades, soap box derbies, rallies, walks, running or bicycle races, fundraisers, picnics, or sports tournaments.

B.

Use Standards.

2.

Refer to Title 12 - Streets and Other Public Spaces for standards, process, and procedures related to Special Events in the public right-of-way.

3.

There shall be no more than one major Special Event on ay property in one calendar year. Major events shall be defined as having two hundred fifty or more attendees and/or amplified sound.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.04.25.1

Authority and Purpose. The Colorado Natural Medicine Code, C.R.S. § 44-50-101, et seq. (the "CNMC") specifically authorizes the city to regulate the time, place and manner of the operation of licenses issued pursuant to the CNMC. The purpose of this Section is to regulate the time, place and manner of the operation of natural medicine businesses.

18.04.25.2

Definitions.

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

Natural medicine means psilocybin or psilocyn and other substances described in the CNMC as natural medicine.

Natural medicine business means any of the following entities licensed under the CNMC: a natural medicine healing center, a natural medicine cultivation facility, a natural medicine products manufacturer, or a natural medicine testing facility, or another licensed entity created by the state licensing authority.

Natural medicine healing center means a facility where an entity is licensed by the state licensing authority that permits a facilitator, as defined by the CNMC, to provide and supervise natural medicine services for a participant, as defined by the CNMC, which includes a participant consuming and experiencing the effects of regulated natural medicine or a regulated natural medicine product under the supervision of a facilitator.

Natural medicine product means a product infused with natural medicine that is intended for consumption, as provided by the CNMC.

Natural medicine services mean a preparation session, administrative session, and integration session, as provided by the CNMC.

Participant means an individual who is twenty-one years of age or older who receives natural medicine services prescribed by and under the supervision of a facilitator, as provided by the CNMC.

Regulated natural medicine means natural medicine that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by the CNMC.

Regulated natural medicine product means a natural medicine product that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by the CNMC.

State licensing authority means the authority created under the CNMC for the purpose of regulating and controlling the licensing of the cultivation, manufacturing, testing, storing, distribution, transfer, and dispensation of regulated natural medicine and regulated natural medicine product, as provided by the CNMC.

Table 18.04.2.5-1: Table of Allowed Uses

18.04.25.3

Permitted Zone District for Natural Medicine Businesses. Natural medicine businesses shall only be located in the commercial zone district and/or the mixed use commercial zone district and shall be subject to the distance requirements set forth in this section.

18.04.25.4

Location Restrictions.

A.

No natural medicine business shall operate out of a building that is within one thousand feet from property used for a childcare center; preschool; elementary, middle, junior or high school; or a residential child care facility (collectively, "school").

B.

No natural medicine business shall operate within a residential dwelling or lodging unit.

C.

The restrictions in subsections A and B of this section do not apply to a licensed facility located on land owned by the city or the State of Colorado or apply to a licensed facility that was actively doing business under a valid license issued by the state licensing authority before the school or residential dwelling or lodging unit was constructed.

D.

No natural medicine business shall be operated on property owned by the city.

E.

No natural medicine business shall be located within five hundred feet of any alcohol or drug rehabilitation facility.

F.

Each natural medicine business shall be operated from a permanent location. No natural medicine business shall be permitted to operate from a moveable, mobile or transitory location.

18.04.25.5

Numeric Restrictions. Natural medicine businesses shall be subject to the following cumulative restrictions within the limits of the City of Manitou Springs:

A.

Natural medicine healing centers shall be limited to four centers;

B.

Natural medicine cultivation facility shall be limited to one facility;

C.

Natural medicine products manufacturer shall be limited to one facility;

D.

Natural medicine testing facility shall be limited to one facility;

E.

Any other category of natural medicine business created by the state shall be limited to one per category.

18.04.25.6

Hours of Operation. Natural medicine healing centers and natural medicine businesses that provide natural medicine services shall only operate between the hours of 8:00 a.m. to 8:00 p.m., seven days a week. All services shall be concluded by closing time so that no participant is required to remain past the hours of operation. There shall be no hourly restrictions on natural medicine businesses that test or otherwise manufacture natural medicine products.

18.04.25.7

Visibility of activities; disposal; control of emissions.

A.

All doorways, windows and other openings of natural medicine business buildings shall be located, covered, or screened in such a manner to prevent a view into the interior from any exterior public or semipublic area, subject to applicable city design standards. All activities of natural medicine businesses shall occur indoors.

B.

Primary entrances, parking lots and exterior walkways of natural medicine businesses shall be clearly illuminated with downward facing security lights to provide after dark visibility for facilitators, participants, and employees, subject to all city lighting standards.

C.

All storage for natural medicine businesses shall be located within a permanent building and may not be located within a trailer, tent, or motor vehicle.

D.

Natural medicine businesses shall use an air filtration and ventilation system designed to ensure that the odors from natural medicine and natural medicine products are confined to the premises and are not detectable beyond the property boundaries on which the facility is located.

E.

Natural medicine businesses shall provide secure disposal of natural medicine product remnants or by-products. Natural medicine and natural medicine product remnants or by-products shall not be placed within the facilities' exterior refuse container.

18.04.25.8

Processing of natural medicine.

A.

The processing of natural medicine that includes the use of hazardous materials, including, without limitation, and by way of example, flammable and combustible liquids, carbon dioxide, and liquefied petroleum gases, such as butane, is prohibited.

B.

Nonhazardous materials used to process natural medicine shall be stored in a manner so as to mitigate and ensure odors are not detectable beyond the property boundaries on which the processing facility is located or the exterior walls of the processing facility associated with the processing of natural medicine.

C.

The processing of natural medicine shall meet the requirements of all adopted city building and safety codes.

D.

The processing of natural medicine shall meet all requirements of all adopted water and sewer regulations promulgated by the city.

18.04.25.9

Signage and advertising. All signage and advertising for natural medicine businesses shall comply with all applicable state laws, as well as comply with Section 18.04.25 and other applicable provisions of the Code, including Chapter 15.16 of this Code.

18.04.25.10

Violations and penalties. Any person, including, but not limited to, any licensee, manager or employee of a natural medicine business, or any customer of such business, who violates any of the provisions of this chapter, shall be subject to the penalties set forth in Chapter 1.16 of this Code.

(Ord. No. 1024, § 1, 12-17-2024)