For the purpose of this title, the following words and phrases shall have the definitions set out in this chapter. (Ord. 692-1996 § 1(part))

"Accelerated erosion" means any increase over the rate of natural erosion as a result of land-disturbing activities. (Ord. 709-1997 § 3(part))

"Accessory dwelling unit (ADU)" means a clearly subordinate habitable living unit added to, or created within a single family dwelling or attached garage, or created within a detached garage accessory to a single family dwelling, provided the habitable living unit is located on the upper level of the detached garage. Habitable living unit means that there are contained within the unit the basic requirements for living, sleeping, cooking (i.e., complete kitchen area with cook stove, oven, refrigerator and sink) and sanitation. Primary unit is the term used to refer to the portion of the single family dwelling or the garage that is not the ADU.

(Ord. No. 1209-2014, § 1, 3-20-2014)

"Accessory use" means a use or structure naturally and normally incidental to, subordinate to, and devoted exclusively to the main use of the land or buildings. Accessory buildings shall not be larger than the main or principal building; otherwise they shall be considered a main or principal building. Accessory buildings shall be constructed only if construction of the principal building has commenced. No accessory building shall be placed in a front yard.(Ord. 692-1996 § 1(part); Ord. No. 1300-2017, § 1(Exh. A), 4-6-2017)

"Active construction" means activities which contribute directly to the completion of facilities contemplated or shown on the construction plans. (Ord. 709-1997 § 3(part))

"Adequate erosion control measure, structure or device" means one which controls the soil material within the land area under responsible control of the persons conducting the land-disturbing activity. (Ord. 709-1997 § 3(part))

"Adjacent property owner" means the person identified in the Teller County Tax Assessor records as the fee title owner of a parcel of land that is within one hundred fifty feet of any portion of the perimeter of the subject lot. Said distance shall be computed by direct measure from the nearest property line of such parcel to the nearest property line of the subject parcel.

(Ord. No. 1170-2012, § 7, 1-3-2013)

"Administrative office/services" means an establishment primarily engaged in overall management and general supervisory functions, such as executive, personnel, finance, legal, and sales activities, performed in a single location or building for other branches or divisions of the same company. (Ord. 692-1996 § 1(part))

"Adult arcade" means any commercial establishment or private club where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons per machine at any one time, are used to regularly show films, motion pictures, video cassettes, slides, or other photographic reproductions or mechanically, electronically, chemically, or digitally reproduced visual materials characterized by an emphasis upon the depiction, display or exhibition of specified sexual activities or specified anatomical areas. (Ord. No. 1051-2006, § 1, 3-16-2006)

"Adult bookstore, adult novelty store, adult video store" means a commercial establishment that devotes a significant or substantial portion of its business to any one or more of the following:

A.

The sale, rental or viewing, for any form of consideration, of books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, slides or other photographic reproductions or mechanically, electronically, chemically, or digitally reproduced visual materials which are characterized by an emphasis upon the depiction, display or exhibition of specified sexual activities or specified anatomical areas;

B.

The sale or rental of instruments, devices, or paraphernalia which are designed for use or marketed primarily for engaging in specified sexual activities; or

C.

A significant or substantial portion of its business is shown by characteristics including, but not limited to, some or all of the following:

1.

A significant or substantial portion of its stock in trade consists of the items listed in subsections A and/or B above; or

2.

A significant or substantial portion of its revenues is derived from the rental or sale of items listed in subsections A and/or B above; or

3.

A significant or substantial portion of its floor space, shelf space or storage space is devoted to the items listed in subsections A and/or B above; or

4.

A significant or substantial portion of its advertising is devoted to the items listed in subsections A and/or B above. (Ord. No. 1051-2006, § 1, 3-16-2006)

"Adult cabaret" means a nightclub, bar, restaurant, concert hall, auditorium, or other commercial establishment or private club which regularly features or presents live adult entertainment. (Ord. No. 1051-2006, § 1, 3-16-2006)

"Adult entertainer" means a person who performs, dances, or otherwise entertains while nude or semi-nude in a sexually oriented business regardless of whether or not said person is paid a salary, wage, or other compensation for said performance. (Ord. No. 1051-2006, § 1, 3-16-2006)

"Adult entertainment" means any exhibition, display, activity or dance that involves the appearance or exposure to view of specified anatomical areas. (Ord. No. 1051-2006, § 1, 3-16-2006)

"Adult motel" means a hotel, motel or similar commercial establishment which:

A.

Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions or mechanically, electronically, chemically, or digitally reproduced visual materials which are characterized by an emphasis upon the depiction, display or exhibition of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproduction; or

B.

Offers a sleeping room for rent for a period of time that is less than ten hours; or

C.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours. (Ord. No. 1051-2006, § 1, 3-16-2006)

"Adult motion picture theater" means a commercial establishment or private club, where for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions or mechanically, electronically, chemically, or digitally reproduced visual materials are regularly shown characterized by an emphasis upon the depiction, display or exhibition of specified sexual activities or specified anatomical areas. An establishment meeting the definition of an adult arcade is not an adult motion picture theater. (Ord. No. 1051-2006, § 1, 3-16-2006)

"Agricultural use" means any agricultural use, including farming, dairying, pasturage, agriculture, horticulture, floriculture and viticulture. (Ord. 692-1996 § 1(part))

"Alley" means a public right-of-way which is used primarily as a secondary means of access to the abutting property. (Ord. 692-1996 § 1(part))

"Amusement, recreational and entertainment activities" means a place designed and equipped for the conduct of sports and leisure-time activities, i.e., arcades, bowling alleys, movie theaters, billiards, roller rinks, etc. (Ord. 692-1996 § 1(part))

"Apartments" means a room or group of rooms used as a dwelling for one family unit with cooking facilities therein located in a building where other family dwelling units are located. (Ord. 692-1996 § 1(part))

"Apartment buildings" means a building containing a room or group of rooms used as a dwelling for one family unit with cooking facilities therein located in a building where other family dwelling units are located. (Ord. 692-1996 § 1(part))

"Attached" means, when used to describe dwelling units, dwelling units that are within the same building; e.g., duplex, tri-plex, four-plex, townhouses or apartment buildings. Dwelling units connected only by decks, porches, carports, or features not structurally integral to the dwelling units are not attached.

(Ord. No. 1383-2020, § 2, 11-19-2020)

"Automobile sales" means the use of any building, land area, or other premises for the display and sale of new or used automobiles generally but may include light trucks or vans, trailers, or recreation vehicles and including any vehicle preparation or repair work conducted as an accessory use. (Ord. 692-1996 § 1(part))

"Automobile/gasoline service station" means any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories. (Ord. 692-1996 § 1(part))

"Automobile wash" means any building or premises or portions thereof used for washing automobiles. (Ord. 692-1996 § 1(part))

"Automotive and vehicle repair and maintenance shop" means any building, premises, and land in which or upon which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. (Ord. 692-1996 § 1(part))

"Bars and lounges" means premises used primarily for the sale or dispensing of liquor by the drink for on-site consumption and where food is available for consumption on the premises as accessory to the principal use; and where the premises is licensed pursuant to the existing Colorado state liquor laws. (Ord. 692-1996 § 1(part))

"Bed and breakfast establishment" means a residence used primarily as a private residence which offers sleeping accommodations to guests for a fee. The number of guest rooms is not to exceed ten. (Ord. 692-1996 § 1(part))

"Block front" means all of the property on one side of a street between two intersecting streets. (Ord. 692-1996 § 1(part))

"Borrow" means fill material which is required for on-site construction and is obtained from other locations. (Ord. 709-1997 § 3(part))

"Buffer zone" means the strip of land adjacent to a lake or watercourse, the width of which is measured from the edge of the water or watercourse to the nearest edge of the disturbed area, with the twenty-five percent of the strip nearer the land-disturbing activity containing natural or artificial means of confining visible siltation. (Ord. 709-1997 § 3(part))

"Building" means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property and forming a construction that is safe and stable. (Ord. 692-1996 § 1(part))

"Height of building" means the vertical distance from the finished grade (average finished elevation of the ground around the structure) to the highest point of the roof. (Ord. 692-1996 § 1(part))

"Building line" means that line parallel to the frontage, imaginary or otherwise, superimposed upon a lot to indicate the point of setback, forward of which no part of the principal building may be constructed; except that uncovered porches or stoops and their appurtenant steps may be constructed forward of this line. (Ord. 692-1996 § 1(part))

"Business office/services" means establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services. (Ord. 692-1996 § 1(part))

"Campground" means an area specifically designated and designed to accommodate, for a fee, the temporary parking or placement of camping trailers, truck campers, motor homes, and tents for human occupancy on a transient basis. Included in this definition are those facilities relating to the accommodation of campers. Off season parking of vehicles permitted in campgrounds shall be allowed where it is not the primary use of the facility. (Ord. 692-1996 § 1(part))

Child care establishment shall mean any of the following:

A.

Child care center shall mean a non-residential facility, by whatever name known, which is maintained for the whole or part of a day but for less than twenty-four-hour care and supervision of five or more children not related to the owner, operator or manager thereof and generally located in an office or commercial zone district. The term includes facilities commonly known as a "child care centers," "child nurseries," "nursery schools," "kindergartens," "preschools," "play groups," "school age programs," "centers for developmentally disabled children," "day treatment centers," "extended day programs," and "summer playground programs."

B.

Family child care home shall mean a private residence in a single unit dwelling or dwelling unit in a multiple unit dwelling for the purpose of providing day care for not more than twelve children, and operated by a person who resides in the same dwelling where the care is provided for periods of less than twenty-four hours of care per day.

(Ord. No. 1139, § 1, 12-2-2010; Ord. No. 1416-2022, § 2, 1-20-2022)

"Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical, dental or surgical attention, but who are not provided with board or room or kept overnight on the premises. (Ord. 692-1996 § 1(part))

"Clustered development" means a land development project that concentrates the number of lots allowable on a parcel of land in specific areas of the parcel to allow the remaining land to be used for open space, recreation, and/or preservation of features and/or structures with environmental, historic, cultural, or other significance.

(Ord. No. 1111-2009, § 1, 3-19-2009)

"Commission" means the planning commission of the city. (Ord. 692-1996 § 1(part))

"Conditional use permit" means a permit issued by the city council that authorizes the applicant to make use of property in accordance with the requirements of this title and city council imposed conditions. (Ord. 692-1996 § 1(part))

"Condominium" means an arrangement whereby more than one dwelling or business unit exists on a parcel of land and each tenant holds full title to his unit and a joint ownership of the common ground. Townhouses shall also be defined as condominiums for the purpose of allowable land use. Where condominiums are permitted, they shall be utilized only for the uses allowed in the specific zone in which the parcel is located. (Ord. 692-1996 § 1(part))

"Contractor/repair business" means any business which performs a construction or repair oriented service such as plumbing, electrical, heating, construction or appliance repair, and requires less than two thousand square feet of open storage area. A solid fence shall be required around the perimeter of any open storage area. (Ord. 692-1996 § 1(part))

A "commercial dog and/or cat kennel" means the keeping of dogs and/or cats for the purpose of breeding, grooming, boarding or other activities associated with the care of dogs and cats for commercial purposes. (Ord. 692-1996 § 1(part))

"Private dog kennels" means the keeping of four or more dogs over the age of four months; however, this shall not include breeding, grooming or boarding of other than the owner's dogs. (Amended during 7-97 supplement; Ord. 692-1996 § 1(part))

"Domestic fowl" means any fowl, including any chicken, duck, goose, turkey, pigeon or other fowl, excluding roosters or cocks.

"Rooster" means a mature, male domestic fowl. Roosters are also called cocks.

(Ord. No. 1175-2012, § 3, 12-5-2012)

"Dwelling or residence" means a building or structure used in whole or in part for human habitation. (Ord. 692-1996 § 1(part))

"Clustered dwellings or residences" means an arrangement whereby more than one dwelling and no more than four dwellings exists on a parcel of land and each owner holds full title to his dwelling and a joint ownership of the common ground. Where clustered dwellings are permitted, the arrangement shall provide a minimum lot area of not less than the requirement for a dwelling as specified for the zoning district in which the lot is located. (Ord. 692-1996 § 1(part))

"Dwelling or residence, single-family" means a building containing only one dwelling unit and, if permitted in accordance with Section 18.33.135, one accessory dwelling unit.

(Ord. No. 1383-2020, § 2, 11-19-2020)

"Two-family dwelling or residence" means a building containing two attached dwellings units, commonly referred to as a duplex. (Ord. 692-1996 § 1(part))

(Ord. No. 1383-2020, § 2, 11-19-2020)

"Dwelling or residence, multi-family" means a building containing more than two attached dwelling units. (Ord. 692-1996 § 1(part))

(Ord. No. 1383-2020, § 2, 11-19-2020)

"Dwelling unit" means one or more rooms arranged, designed, and used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included. (Ord. 692-1996 § 1(part))

"Dwelling unit, accessory (ADU)." See accessory dwelling unit.

(Ord. No. 1209-2014, § 1, 3-20-2014)

"Energy dissipater" means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow. (Ord. 709-1997 § 3(part))

"Erosion" means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof. (Ord. 709-1997 § 3(part))

"Essential services" means the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the public health or safety or general welfare, but not including buildings. (Ord. 692-1996 § 1(part))

"Family" means an individual, or two or more persons related by blood, marriage, adoption, as guardian and ward, or similar legal relationship, or a group of not more than five persons, (excluding servants) who need not be related by blood, marriage or adoption living together in a dwelling unit. (Ord. 692-1996 § 1(part))

"Farmers market" means an outdoor market consisting typically of a collection of vendors selling wares and farm products from booths. (Ord. 692-1996 § 1(part); Ord. No. 1105-2008, § 2, 12-4-2008)

"Fast-food restaurant" means an establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, in cars on the premises, or off the premises. (Ord. 692-1996 § 1(part))

"Usable floor area" means the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts, vents, courts and cellars. (Ord. 692-1996 § 1(part))

"Frontage" means a line defined by that part of the property abutting upon one side of a street measured along the right-of-way. (Ord. 692-1996 § 1(part))

"Fuel, accessory retail sales" means the use of land or buildings for the retail sales of gasoline, bulk oil, liquefied petroleum or other fuels which are clearly incidental to, subordinate to, and devoted exclusively to another main or principal use of land or buildings. This definition does not include nor is it intended to apply to liquefied petroleum or other fuel distribution facilities. (Ord. 692-1996 § 1(part))

"Private residential garage" means a structure that is accessory to a residential building and that is used for the parking and storage of vehicles owned and operated by the residents thereof and that is not a separate commercial enterprise available to the general public. (Ord. 876-2000 § 1)

"Greenhouse" means a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment. (Ord. 692-1996 § 1(part))

"Groundcover" means any natural vegetation growth or other material which renders the soil surface stable against accelerated erosion. (Ord. 709-1997 § 3(part))

"Health service clinic" means a facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions. (Ord. 692-1996 § 1(part))

"Health services" means health care facilities as well as establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services. (Ord. 692-1996 § 1(part))

"Health/sport club" is a building or portion of a building designed and equipped for the conduct of sports, exercise, physical fitness, leisure time activities or other customary and usual recreational activities, operated for profit or not for profit and which can be open only to bona fide members and guests of the operating organization or open to the public for a fee. (Ord. No. 1057-2006, § 1, 7-6-2006)

"Home occupations" means any occupation or profession conducted entirely within a dwelling unit and which meets the standards of Section 18.33.150 of this title. (Ord. 692-1996 § 1(part))

"Hospital" means an institution providing health services, primarily for inpatients, and medical, dental, or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices. (Ord. 692-1996 § 1(part))

"HUD Code" means the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC Section 5401, et seq., as amended.

(Ord. No. 1383-2020, § 2, 11-19-2020)

"Institutional use" means a nonprofit, religious, or public use, such as a church, library, public or private school, hospital, or government owned or operated building, structure, or land used for public purpose. (Ord. 692-1996 § 1(part))

"Lake or natural watercourse" means any stream, river, brook, swamp, creek, run, branch, waterway, estuary, wetlands, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment. (Ord. 709-1997 § 3(part))

"Land-disturbing activity" means any use of the land by any person in residential, industrial, education, institutional, or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. (Ord. 709-1997 § 3(part))

"Landscaping" means any combination of living plant materials, such as trees, shrubs, grass, and herbaceous plants and including, but not limited to, decorative material such as gravel, rock and bark; provided, however, that at least twenty-five percent of the required landscaped area be covered by living plant materials. In addition, at least one tree of a minimum of one-inch trunk caliper be provided for each seven thousand square feet or fraction thereof of required landscaped area. (Ord. 692-1996 § 1(part))

"Lodges and inns" means a building or group of buildings under single management containing rooms (no more than twenty) for temporary rental to transient individuals or families. On-site additional services may include a restaurant, meeting rooms, entertainment and recreational facilities and where required parking is provided on-site. (Ord. 692-1996 § 1(part))

"Local government" means the city of Woodland Park, Colorado. (Ord. 709-1997 § 3(part))

"Lot" means a parcel of land occupied or intended for occupancy by a use permitted in this title, including one main building together with this accessory building, open spaces, and parking spaces required by this title, and having its principal frontage upon a street. (Ord. 692-1996 § 1(part))

"Lot of record" means a lot or parcel of land, the deed to which has been recorded in the office of the county recorder prior to the adoption of the ordinance codified in this title. (Ord. 692-1996 § 1(part))

"Reverse corner lot" means a lot having its side street line substantially a continuation of the front lot line of the first lot to its rear. The side setback along the street side of a reverse corner lot shall not be less than the required front setback for principal buildings along such a side street. (Ord. 692-1996 § 1(part); Ord. No. 1300-2017, § 1(Exh. A), 4-6-2017)

"Manufactured (HUD) home" means a preconstructed building unit or combination of preconstructed building units that:

A.

Includes electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at a location other than the site of the completed home;

B.

Is designed for residential occupancy in either temporary or permanent locations;

C.

Is constructed in compliance with the HUD Code (i.e., HUD homes with a red label constructed on or after June 15, 1976);

D.

Does not have motor power; and

E.

Is not licensed as a recreational vehicle.

(Ord. No. 1383-2020, § 2, 11-19-2020)

"Light manufacturing" means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing. Light manufacturing and light industrial activities use no water in the manufacturing or industrial operations either for processing, cooling or heating and emit no smoke, noise, odor, dust, vibration or fumes detectable beyond the walls of the building in which it is housed and which may or may not include outside storage of goods, materials and/or equipment. (Ord. 692-1996 § 1(part))

"Mini-mart/convenience store" means any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for on or off-site consumption. Also, may or may not include the sale of motor fuels, and/or vehicle lubricants, but not to include automotive repair or servicing facilities. (Ord. 692-1996 § 1(part))

"Mobile home" means a manufactured home built prior to the implementation of the HUD Code before June 15, 1976. (Ord. 692-1996 § 1(part))

(Ord. No. 1383-2020, § 2, 11-19-2020)

"Mobile home park" or "manufactured (HUD) home park" means any lot or parcel of land used for the location and habitation of mobile homes and/or manufactured (HUD) homes regardless of whether or not a charge or leasing fee is made for each or any mobile home upon the parcel. Zoning Section 18.09.090.N.8 limits mobile homes and/or manufactured (HUD) homes to the Mobile Home Park (MHP) zone. (Ord. 692-1996 § 1(part))

(Ord. No. 1383-2020, § 2, 11-19-2020)

"Modular factory-built residential structure" means a manufactured home constructed to the building codes adopted by the State Housing Board and City of Woodland Park Municipal Codes Title 15. Modular factory built structures are designed to be installed on a permanent foundation, and does not include homes constructed in compliance with the HUD Code or designed as a mobile home. Factory built residential structures are also known as a modular home.

(Ord. No. 1383-2020, § 2, 11-19-2020)

"Mortuary" means a funeral home or funeral establishment which is maintained at a permanent physical location and is registered by the Colorado State Board of Mortuary Science. (Ord. 692-1996 § 1(part))

"Motels, hotels and suites" means a facility offering transient loading accommodations to the general public (any number of rooms are allowed in these facilities) and may provide additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities and where required parking is provided on-site. (Ord. 692-1996 § 1(part))

"Natural erosion" means the wearing away of the earth's surface by water, wind, or other natural agents under natural environmental conditions undisturbed by man. (Ord. 709-1997 § 3(part))

"Natural medicine" means psilocybin or psilocyn and other substances described in the Natural Medicine Regulatory Act as "natural medicine."

"Natural medicine business" means any of the following entities licensed under the Natural Medicine Regulatory Act including a natural medicine healing center, a natural medicine cultivation facility, a natural medicine products manufacturer, and 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 Natural Medicine Regulatory Act, to provide and supervise natural medicine services for a participant as defined by the Natural Medicine Regulatory Act, which includes a participant consuming and experiencing the effects of regulated natural medicine or 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 Natural Medicine Regulatory Act.

"Natural Medicine Regulatory Act" means the Colorado Natural Medicine Code codified in Colorado Revised Statutes.

"Natural medicine services" means a preparation session, administrative session, and integration session, as provided by the Natural Medicine Regulatory Act.

"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 Natural Medicine Regulatory Act.

"Regulated natural medicine" means natural medicine that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by the Natural Medicine Regulatory Act.

"Regulated natural medicine product" means a natural medicine product that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by the Natural Medicine Regulatory Act.

"State licensing authority" means the authority created under the Natural Medicine Regulatory Act 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 Natural Medicine Regulatory Act.

(Ord. No. 1494, § 2, 4-17-2025)

"Nonconforming use" means any building or land lawfully occupied by a use at the time of passage of the ordinance codified in this title which does not conform with the use regulations of the district within which it is located. (Ord. 692-1996 § 1(part))

"Nude model studio" means any place where a person who appears semi-nude, in a state of nudity, or who displays specified anatomical areas, is provided to be observed, sketched, drawn, painted, depicted in sculpture, photographed, or similarly depicted by other persons. Nude model studio shall not include a proprietary school licensed by the State of Colorado or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or a business in a structure:

A.

That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and

B.

Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

C.

Where no more than one (1) nude or semi-nude model is on the premises at any one (1) time. (Ord. No. 1051-2006, § 1, 3-16-2006)

"Nudity or state of nudity" means the appearance or display of specified anatomical areas. (Ord. No. 1051-2006, § 1, 3-16-2006)

"Park" means any public or private land available for recreational, educational, cultural, or aesthetic use. (Ord. 692-1996 § 1(part))

"Parking lot" means an area not within a building where motor vehicles may be stored for the purposes of temporary, daily, or overnight off-street parking. A tract of land used for the temporary parking of motor vehicles when such use is not accessory to any other use. A parking fee may or may not be charged. (Ord. 692-1996 § 1(part))

"Parking space" means an area designed to accommodate the parking of one vehicle. (Ord. 692-1996 § 1(part))

"Performance" means a play, motion picture, dance, or other exhibition performed before an audience of one or more persons. (Ord. No. 1051-2006, § 1, 3-16-2006)

"Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity of any type whatsoever.

A.

"Person responsible for the violation," as used in this section means:

1.

The developer or other person who has or holds himself out as having financial or operational control over the land-disturbing activity; and/or

2.

The landowner or person in possession or control of the land when he has directly or indirectly allowed the land-disturbing activity or has benefited from it or he has failed to comply with any provision of this Chapter, or any order adopted pursuant to this Chapter which imposes a duty upon him.

B.

"Person conducting land-disturbing activity" means any person who may be held responsible for a violation unless expressly provided otherwise by the section or any order adopted pursuant to this section. (Ord. 709-1997 § 3(part))

"Personal and consumer services" means establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. (Ord. 692-1996 § 1(part))

"Phase of grading" means one of two types of grading, rough or fine. (Ord. 709-1997 § 3(part))

"Plant nursery" means land or greenhouses used to raise flowers, shrubs, and plants for sale. (Ord. 692-1996 § 1(part))

"Preliminary drainage plan" is a plan that shows the method of achieving Woodland Park standards for drainage improvements which include a general layout of the proposed system for collection, conveyance and release of stormwater utilizing such structures as curb and gutter, culverts, inlets, swales, detention facilities, etc. If the development is to be phased then the drainage plan needs to show how the system will be a complete, functioning drainage system at the completion of each phase should future development not occur. (Ord. No. 966-2003, § 1, 4-3-2003)

"Grading plan" is a plan that needs to show the existing and proposed contours and any other information needed to adequately determine the feasibility and extent of the land disturbing activity necessary to accommodate the proposed development pursuant to the criteria in Chapter 18.41. (Ord. No. 966-2003, § 1, 4-3-2003)

"Preliminary landscape plan" is a plan that shows the areas proposed for landscaping as a part of a site-specific development. The preliminary plan needs to provide a general description of planted material proposed for each planted area. Detailed information such as plant type, size, number, maintenance and protection measures, etc. shall be part of a final landscape plan submitted prior to issuance of a development permit. (Ord. No. 966-2003, § 1, 4-3-2003)

"Professional office/service" means the office of a member of a recognized profession maintained for the conduct of that profession. (Ord. 692-1996 § 1(part))

"Public uses" means public parks, schools, and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material. (Ord. 692-1996 § 1(part))

"Recreational facilities" means a recreation facility or activity provided as an accessory use to a residential community or neighborhood either for public or private good, i.e., tennis courts, swimming pool, recreation centers, skateparks, etc. (Ord. 692-1996 § 1(part))

"Recreational park trailers" means a trailer-type unit that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use that is built on a single chassis mounted on wheels. Recreational park trailers are typically constructed in compliance with applicable American National Standards Institute (ANSI) standard A 119.5. Recreational park trailers are only allowed in recreational vehicle parks and/or campgrounds.

(Ord. No. 1383-2020, § 2, 11-19-2020; Ord. No. 1397-2021, § 1, 8-5-2021)

"Recreational vehicle" means a vehicle which is manufactured, constructed, or equipped primarily for use as a self-propelled home, house car, or mobile living quarters, capable of being legally operated on the highways, and containing permanently installed essential living facilities for intermittent or short-term occupation. This term shall not include any towed utility trailer, nor shall it include any vehicle defined in the license and registration laws as an automobile or passenger bus. (Ord. 692-1996 § 1(part))

(Ord. No. 1383-2020, § 2, 11-19-2020; Ord. No. 1397-2021, § 1, 8-5-2021)

"Recreational vehicle park" means a lot or parcel of land designated for legal use as a campground and/or recreation vehicle park on which two or more recreational vehicles, camping trailers, recreational park trailers or campers, are parked, or any lot or parcel of land on which unoccupied recreational vehicles, camping trailers, recreational park trailers or campers, whether new or used, are parked for the purposes of inspection, sale, storage or repair. (Ord. 692-1996 § 1(part))

(Ord. No. 1383-2020, § 2, 11-19-2020)

"Charitable recycling collection center" means a receptacle, trailer, or structure used for the collection of recyclable materials owned and operated by a charitable organization. Such organization shall be presumed to qualify as a charitable organization if it is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Service Code or any future provision of the code defining the exempt status of charitable organizations. For the purpose of this definition, "collection" means aluminum, steel, copper, plastic, glass, paper, bottles, cans, clothing, household goods and/or similar items which may be recycled for remanufacturing, reprocessing, or reuse. (Ord. 692-1996 § 1(part))

"Noncharitable recycling collection center" means a charitable recycling collection center except that it is owned and operated by a noncharitable person, firm, company or corporation. The center is operated for monetary gain and/or profit. (Ord. 692-1996 § 1(part))

"Retail sales" means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. (Ord. 692-1996 § 1(part))

"School" means an institution or facility that provides a curriculum of elementary, secondary, or post-secondary academic instruction, including:

A.

College/university: A school providing higher education beyond grade 12, which offers either a two-year or four-year degree in specific disciplines;

B.

K-12: A school, public or private, which meets State of Colorado standards for providing instruction for students between five (5) and twenty-one (21) years of age, including, but not limited to, vocational schools and special education schools. (Ord. No. 1051-2006, § 1, 3-16-2006)

"Sediment" means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. (Ord. 709-1997 § 3(part))

"Semi-nude" means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel, provided the areola is not exposed in whole or in part. (Ord. No. 1051-2006, § 1, 3-16-2006)

"Semipublic uses" means churches, Sunday schools, parochial schools, colleges, hospitals, day care centers, and other institutions of an educational, religious, charitable or philanthropic nature. (Ord. 692-1996 § 1(part))

The distance as prescribed in each zone district by which a building or structure, in whole or in part, is set back from the property line. The area within a setback shall be unobstructed by buildings or structures from the ground upward except that steps, terraces, unenclosed porches or entranceways may pierce a front or rear setback.

(Ord. No. 1300-2017, § 1(Exh. A), 4-6-2017)

(Ord. No. 1383-2019, § 1, 11-21-2019)

"Sexually oriented business" means an adult arcade, adult bookstore, adult cabaret, adult novelty store, adult video store, nude model studio, adult motel, adult motion picture theater, or sexual encounter center. (Ord. No. 1051-2006, § 1, 3-16-2006)

"Sexual encounter center" means a business or commercial establishment or private club that offers, for the purpose of sexual arousal, pleasure, gratification, or abuse, for any form of consideration, a place where two or more persons may congregate, associate, or consort and observe, view, participate, or engage in specified sexual activities or expose specified anatomical areas. (Ord. No. 1051-2006, § 1, 3-16-2006)

Definitions pertaining to short-term rentals:

"Non-primary residence short-term rental units" means the short-term rental unit is not the primary residence of the owner/operator.

"Primary residence" means a residence which is the usual place of return for housing and where a person lives and spends a majority of the time during the year as established by two or more of the following current and valid documents: (1) driver's license or Colorado state identification card; (2) voter registration; (3) motor vehicle registration; (4) document(s) designated a primary residence for income tax purposes. A person may have only one primary residence for purposes of this chapter.

"Primary residence short-term rental units" means the short-term rental unit is the primary residence of the owner/operator.

"Short-term rental business" means the occupation of leasing or renting one or more short-term rental units.

"Short-term rental unit" means a dwelling unit, or a portion thereof, that is rented or utilized for furnishing lodging accommodation and occupancy for any period less than thirty consecutive days.

(Ord. No. 1469, § 2, 12-12-2023)

"Siltation" means sediment resulting from accelerated erosion which is able to settle or removable by properly designed, constructed, and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity; and which has been deposited, or is in suspension in water. (Ord. 709-1997 § 3(part))

"Site plan" means a plan, to scale, showing uses and structures proposed for a parcel of land. The site plan shall show as minimum the following:

A.

Indication of appropriate scale and bar scale;

B.

North arrow;

C.

The location, exterior horizontal dimensions and proposed height of all buildings with reference to property lines and public rights-of-way;

D.

Location and dimensions of all parking areas, number of parking stalls, and all driving or maneuvering lanes. The site plan shall include the parking formula used;

E.

Number of dwelling units, and bedrooms per unit, if applicable. (Ord. 692-1996 § 1(part))

"Social activities" means the use of any building and land for private or semiprivate club activities, including lodges, fraternities and similar activities, which cater exclusively to members and their guests, and whose facilities are limited to meeting, eating, and recreational uses, and whose activities are not conducted principally for monetary gain. (Ord. 692-1996 § 1(part))

"Special event" means an occurrence that is organized by one or more parties and involves more than one temporary use or temporary structure. By way of illustration, not limitation, special events include street fairs of any nature, flea markets, farmers' markets, parades, rodeos, craft shows, car shows, carnivals, circuses, motorcycle rallies, foot or bicycle races, and food, wine, art or music festivals. (Ord. No. 1105-2008, § 1, 12-4-2008)

"Specified anatomical areas" means and includes any of the following:

A.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or

B.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. No. 1051-2006, § 1, 3-16-2006)

"Specified criminal act" means any offense which is included in the definition of "unlawful sexual behavior" under Section 16-22-102, C.R.S., Sex Offender-Definitions, as the same may be amended from time to time, or any offense committed in another state that, if committed in the State of Colorado, would constitute an offense involving unlawful sexual behavior, or any offense that has a factual basis of one of the offenses specified in the definition of "unlawful sexual behavior." Specified criminal act also includes any offense involving soliciting for prostitution, prostitution, patronizing a prostitute, pandering, pimping, public indecency, or the distribution or possession of obscene materials. (Ord. No. 1051-2006, § 1, 3-16-2006)

"Specified sexual activities" means and includes any of the following:

A.

The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;

B.

Sex acts, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy;

C.

Flagellation, mutilation or torture for purposes of sexual arousal, gratification, pleasure, or abuse;

D.

Human genitals in a state of sexual stimulation, arousal, or tumescence; or

E.

Excretory functions as a part of or in connection with any of the activities set forth in subsections A through D of this definition. (Ord. No. 1051-2006, § 1, 3-16-2006)

"Private stable" means a facility for the keeping of no more than five horses or beasts of burden that are owned exclusively and used primarily by the persons residing on the premises. (Ord. 692-1996 § 1(part); Ord. No. 1300-2017, § 1(Exh. A), 4-6-2017)

"Public stable" means a facility for the keeping of horses or beasts of burden, and engaged in the business of renting, leasing, etc., for use by the public. (Ord. 692-1996 § 1(part); Ord. No. 1300-2017, § 1(Exh. A), 4-6-2017)

"Storm drainage facilities" means the system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area. (Ord. 709-1997 § 3(part))

"Stormwater runoff" means the direct runoff of water resulting from precipitation in any form. (Ord. 709-1997 § 3(part))

"Ten-year storm" means the surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in ten years, and of a duration which will produce the maximum peak rate of runoff, for the watershed of interest under average antecedent wetness conditions. (Ord. 709-1997 § 3(part))

"Five-year storm" means the surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in five years, and of a duration which will produce the maximum peak rate of runoff, for the watershed of interest under average antecedent wetness conditions. (Ord. 709-1997 § 3(part))

"Story" means that portion of a building other than a basement included between the surface of the floor next above it, or, if there is not floor above it, the space between the floor and the ceiling next above it. (Ord. 692-1996 § 1(part))

"Street" means a right-of-way, dedicated to public use, which affords a primary means of access to the abutting property. (Ord. 692-1996 § 1(part))

"Structural alteration" means any change in structural members of a building, such as walls, columns, beams, or girders. (Ord. 692-1996 § 1(part))

"Structures" means anything constructed or erected, the use of which requires permanent location on the ground. (Ord. 692-1996 § 1(part))

"Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either (A) before the improvement or repair is started; or (B) if the structure has been damaged, and is being restored before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. (Ord. 692-1996 § 1(part))

"Supermarket" means full service grocery and retail service center requiring more than two acres for building site and associated parking lots. (Ord. 692-1996 § 1(part))

"Temporary structure" means anything constructed or erected of which the use requires location on the ground or attachment to something having a temporary, non-permanent location on the ground; and necessarily associated with and ancillary to a temporary use. By way of illustration, not limitation, temporary structures include: tents, canopies, stage or platforms, food vendor carts, and patio tables and chairs.

(Ord. No. 1105-2008, § 1, 12-4-2008)

"Temporary use" means a use which is temporary or transitory in character, approved by the city manager or designee, or by the city council as provided herein, and granted for a period of time determined by the specified reviewing authority within the limits provided by a temporary use permit, for the purposes provided by and pursuant to the requirements of Chapter 18.62. By way of illustration, not limitation, temporary uses include: sidewalk cafés, food vendor carts, retail stands, and special events of all types. Temporary uses do not include street musicians/entertainers, household garage sales, door-to-door sales, children's enterprises or neighborhood parties.

(Ord. No. 1105-2008, § 1, 12-4-2008)

"Townhome" means a one-family dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (Ord. 767-1998 § 1: Ord. 692-1996 § 1(part))

"Tract" means all contiguous land in one ownership or contiguous land in diverse ownership being developed as a unit, although not necessarily all at one time. (Ord. 709-1997 § 3(part))

"Traditional/family restaurants" means an establishment that generally provides a full-service menu and that prepares food after menu items are ordered and serves food and beverages primarily to persons seated within a building for consumption on-site. (Ord. 692-1996 § 1(part))

"Traffic report" is a written document to assess the development impacts on the capacity, safety and operations of adjacent streets and US/State Highways as applicable. (Ord. No. 966-2003, § 1, 4-3-2003)

"Transportation services" means establishments primarily engaged in furnishing local and suburban passenger transportation, including taxicabs, passenger transportation charter service, school buses, and terminal and service facilities for motor vehicle passenger transportation. (Ord. 692-1996 § 1(part))

"Unified business development" means a tract of land that has been planned, developed, and operated as an integrated facility for a number of separate office and/or commercial buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics and compatibility. (Ord. 692-1996 § 1(part))

"Uncovered" means the removal of ground cover from, on or above the soil surface. (Ord. 709-1997 § 3(part))

"Variance" means a legal modification or variation of the provisions of this title as applied to a specific piece of property. (Ord. 692-1996 § 1(part))

"Velocity" means the average velocity of flow through the cross-section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow. (Ord. 709-1997 § 3(part))

"Veterinary clinic" means a structure where animals are brought for medical and surgical treatment and may be held during the time of treatment and recuperation. A veterinary clinic may or may not include a commercial kennel. (Ord. 692-1996 § 1(part))

"Warehouse" means a building used primarily for the storage of goods and materials. (Ord. 692-1996 § 1(part))

"Self-storage warehouse" means an enclosed structure used primarily for the storage of personal property. Commercial warehouses are not considered as storage facilities for the purpose of this definition. (Ord. 692-1996 § 1(part); Ord. No. 1324-2018, § 1, 8-16-2018)

"Warehousing and distribution" means a use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. (Ord. 692-1996 § 1(part))

"Wholesale trade" means establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. (Ord. 692-1996 § 1(part))

"Working days" means days exclusive of Saturday, Sunday, and legal holidays during which weather or soil conditions permit land-disturbing activity to be undertaken. (Ord. 709-1997 § 3(part))

"Yard" means an open space on the same lot with a building, unobstructed from the ground upward, and measured as the minimum horizontal distance between the lot line and main building. (Ord. 692-1996 § 1(part))

"Front yard" means a yard extending across the front of a lot between the side lot lines and measured between the front lot line and the main building or any projection thereto, other than the projection of steps, terraces, unenclosed porches or entranceways. (Ord. 692-1996 § 1(part))

"Rear yard" means a yard extending across the rear of the lot between the side lot lines and measured between the rear lot line and rear of the main building or any projection thereto other than the projection of steps, terraces, unenclosed porches, or entranceways. (Ord. 692-1996 § 1(part))

"Side yard" means a yard between the main building or any projection thereto and the side line of the lot not encompassed by front and rear yards. (Ord. 692-1996 § 1(part))