§ 70-4. Definitions.

(a)

Word usage. Words in the present tense include the future, the singular number includes the plural, and the plural the singular. The word "shall" is mandatory, and the word "may" is permissive.

(b)

Terms defined. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building, the use of which is customarily incidental to that of the principle building and which is located on the same lot with the principle building.

Accessory use means a use which:

(1)

Is subordinate (in area and intensity) to, serves, and is in conjunction with an established principal building or use; and

(2)

Is subordinate in area, extent and purpose to the principal building or use served; and

(3)

Contributes to the comfort, convenience or necessity of occupants of the principal building or use served.

Adult entertainment establishment means any establishment which is distinguished or characterized by the sale, rental, exhibition, performance, use, display or other offering of material, apparatus, entertainment, services and supplies which depict, describe or relate to specified sexual activities which include, but are not limited to, acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, touching, caressing or fondling of the human breasts, buttocks, anus or genitals, or any sexual acts prohibited by law; or specified anatomical areas, which means less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below the point immediately above the top of the areola; and the human genitals in a discernible turgid state, even if completely covered.

Alley means a minor public thoroughfare upon which the rear of lots generally abut, used for service purposes and not intended for general travel.

Arts and crafts fair means a gathering of producers to promote the sale of goods or commodities, the majority of which are made by hand. An arts and crafts fair shall not include a flea market.

Building means a structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or property.

Building frontage means the horizontal lineal dimension of that side of a building that faces a street, a parking area, a mall or other circulation area open to the general public and having a public entrance to the building. The public entrance shall be directly adjacent to and shall front on said street, parking area, mall or other circulation area open to the public.

Carnival means a traveling amusement show usually including rides, games, and sideshows. A carnival is a type of commercial temporary use.

Carport means an accessory or secondary structure, designed to be used to shelter automobiles, enclosed on two or less sides. When a carport is attached to a mobile home or building, said structure shall constitute one side.

Child day care facility means a facility or home required to be licensed by the state that provides less than 24-hour care of two or more children under the age of 16 years, and not related to the owner, operator or manager thereof, whether such facility or home is operated with or without compensation for such care and with or without stated educational purposes. The term shall not apply to classes given in connection with any public, private or parochial school system or recreation facility.

Church means a building and accessory buildings and uses where persons regularly assemble for religious worship, ceremonies or meetings, and which is maintained and controlled by a religious body organized for the purposes of worship.

Circus means a public entertainment consisting typically of a variety of performances by acrobats, clowns, and trained animals. A circus is a type of commercial temporary use.

Commercial temporary use means any use listed in section 70-364(b), (c), or section 70-415. Commercial temporary uses are a subset of temporary uses.

Convenience store means a small scale store or food marts primarily engaged in retailing a limited line of goods that generally includes milk, bread, soda, and snacks.

Dwelling, multiple-family, means a building occupied by two or more families living independently of each other but not including hotels or motels.

Dwelling, single-family , means a detached building arranged and designed as a dwelling unit and intended to be occupied by not more than one family, which has not less than one bathroom. Single-family dwellings shall include any home built according to the standards of the International Building Code, as adopted by the city.

Dwelling unit means one or more rooms, including at least one single kitchen, designed for or occupied as a unit by one family for living and cooking purposes, located in a one-family or multiple-family dwelling.

Excessive right-of-way means a right-of-way for which there are no plans, either master plans or construction plans, or the state, city or the Denver Regional Council of Governments to utilize the right-of-way for public thoroughfare.

Factory built home means a dwelling unit designed for one family that is partially or entirely manufactured in a factory and designed for long-term residential use when placed upon a permanent foundation. Factory-built homes must be constructed to the standards of the state Factory Built Housing Construction Certification Code (8 CCR 1302-3), as the same is amended from time to time, and must bear the insignia indicating compliance with those standards.

Family means a group of persons related by blood, marriage, adoption, living together and, normally but not always, consisting of one or two parents and their children, or persons living together in the relationship and for the purpose of guardian, ward or foster family who may not necessarily be related by blood or marriage to the head of the household, or a group of not more than four unrelated persons living together in a dwelling unit, except that a family shall not, with the exception of adjudicated delinquent children in foster care, include more than one individual, or two more individuals related by blood or marriage, required to register as a sex offender in accordance with state law.

Fence means any open or closed structure made of fencing materials used to enclose any lot or parcel of ground or use.

Flea market means market consisting typically of a collection of vendors selling wares from booths who pay a fee or rent to occupy a space. A flea market is not a commercial temporary use.

Floor area means the gross floor area of the building measured along the outside walls of the building and including each above ground floor level, but not including basements, open balconies, garages, other enclosed automobile parking area, and not including one-half of all storage and display areas for hard goods.

Garage means an accessory or secondary structure, designed to be used to shelter automobiles, that is enclosed on three or more sides, and which may or may not have a garage door.

Garbage shall have the same meaning as set forth in section 42-2.

Hazardous materials means any material, solid, gas or liquid, or any combination of materials which, because of its quantity, concentration, or physical, chemical or infectious characteristics, poses a present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed; or which, if exposed to fire, flood or other disaster, could cause an explosion, augment a fire, render firefighting abnormally dangerous, or create a health and/or environmental hazard. Hazardous materials include, but are not limited to, explosives, reactive materials, radioactive materials, oxidizing materials, toxic materials such as pesticides and herbicides, materials corrosive to human tissue, and flammable materials with a flash point below 140 degrees excluding vehicle fuels that are regulated by the Colorado Oil Inspection Department.

Hazardous substance means all hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 USC 9601 et seq.) and in C.R.S. § 25-5-502, as amended, and petroleum or petroleum products.

Heavy equipment means nonmotorized merchandise of 6,000 pounds or more of empty weight, or motorized merchandise of more than 6,000 pounds empty weight, having motors of 20 horsepower or more performance.

Height means the vertical distance from the highest point on a structure, excepting any chimney or antenna on a building, to the average ground level of the grade where the walls or other structural elements intersect the ground.

Home occupation means an accessory use conducted within a dwelling that is clearly incidental and secondary to the use of the dwelling for dwelling purposes.

Hotel and motel mean a building designed for temporary occupancy by individuals who are lodged with or without meals, in which there are six or more guestrooms.

Junk means as set forth in section 42-2.

Landscaping or landscaped means any combination of living plant materials, such as trees, shrubs, grass and herbaceous plants, or decorative materials such as gravel, rock and bark, which is no more than three feet in height where within ten feet of a public street.

Lot means the contiguous land in the same ownership which is not divided by any public highway or alley, including any part thereof subject to any easement for any purpose other than a public highway or alley, but excluding any part thereof severed from another lot where the severance creates any nonconformity of use of a structure or a plot of land designated as a lot in any plat approved by the city and filed with the county clerk and recorder.

Lot, corner, means a lot bordered on the front and one or more sides by public streets.

Lot, enclosed, means a lot bordered on all sides by other lots.

Lot, interior, means a lot that is bordered on both sides by other lots and is not itself a corner lot.

Lot line, front, means the property line dividing a lot from a street. On a corner lot, only one street line shall be considered as a front line, and the shorter street frontage shall be considered the front line.

Lot line, rear, means the line opposite the front lot lines.

Lot line, side, means any lot lines other than front lot lines and rear lot lines.

Manufactured home means a dwelling unit built entirely in a factory and certified pursuant to the National Manufactured Housing Construction and Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended.

Manufacturing and industrial uses means the use of a building or land for commercial production of a product, research facilities, testing laboratories, warehousing, processing, distributing, and oil and/or gas drilling or production.

Microbrewery means an establishment, licensed by the appropriate state and/or federal authorities, where malt liquors are manufactured, and packaged and distributed on- or off-premises, with manufacturing not to exceed 15,000 barrels of malt liquor on its licensed premises each calendar year.

Microwave link antenna means any spherical shape antenna which emits microwave signals that allow a central switch or relay to transfer a call between a central computer switching system and the appropriate transmitting or receiving antennas. This antenna also allows point-to-point source connection.

Mobile home means a factory built dwelling unit built on a permanent chassis designed for long-term residential occupancy by a single family produced prior to June 15, 1976. Mobile home does not include travel trailers, campers, camper buses, motor homes, or any closed vehicle designed to be towed by an automobile or truck.

Modular home means a factory built home that is built in accordance with the requirements of International Residential Code, as adopted by the city. Modular homes are transported to the residential site and installed.

Movable building means a building that is readily transferable.

Outdoor concert means a live performance, usually of music, before an audience where the venue is an outdoor location. An outdoor concert is a type of commercial temporary use.

Owner means a person, firm, corporation or other legal entity recorded as such on the records of the applicable county clerk and recorder, including a duly authorized agent or attorney, a purchaser, devisee, fiduciary or a person having a vested or contingent interest in the property in question.

Panel antenna means any antenna with vertical and horizontal planes aiming signals in specific directions for the transmission or reception of wireless communication signals.

Pawnshop means the business of making "contracts for purchase" or "purchase transactions." The term "contracts for purchase" means a contract wherein money is advanced to a customer on the delivery of tangible personal property by the customer on the condition that the customer, for a fixed price and within a fixed period of time not less than 30 days, has the option to cancel the contract. The term "purchase transactions" means the purchase in the course of business of tangible personal property for resale, other than newly manufactured tangible property which has not previously been sold at retail, when such purchase does not constitute a "contract for purchase."

Petting zoo means a collection of farm animals, such as goats, ducks, and sheep, and sometimes docile wild animals such as turtles or deer, for children to feed and pet. A petting zoo is a type of commercial temporary use.

Principle building or use means the main or primary purpose for which a structure or land or use thereof is designed, arranged or intended or for which it may be occupied or maintained under the regulations of this chapter.

Roof means the cover of any building, including eaves and similar projections.

Setback means the minimum distance, extending across the full width of the lot or site, between the lot line or designated boundary and that part of the building or structure closest to the respective lot line or designated boundary (excluding measurement from any building surface which, by provisions of this chapter, may occupy the respective setback area). Eaves or roof overhangs may encroach up to 24 inches into the required setback.

Specific uses (when used in conjunction with defining the allowable or permitted uses in the various zone districts) means those individual uses that are specifically listed under the relevant provisions of this chapter. Specific uses shall not include uses which are incorporated by reference to uses allowed in other zone districts.

Standards and specifications shall mean the City of Federal Heights' Standards and Specifications for Design and Construction of Public Improvements as adopted by resolution of city council and including all amendments and addendums.

Structure means anything constructed or erected of which the use requires location on the ground or attached to something having a permanent location on the ground, except mail boxes, light fixtures, flag poles, railroad tracks and fences. For the purposes of this chapter, mobile homes shall be considered a structure.

Structure, temporary, 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.

Telecommunications facilities means the plant, equipment, and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennas, towers, alternative tower structures, electronics and other appurtenances used to transmit, receive, distribute, provide, or offer telecommunication services.

Temporary use means a use which is temporary or transitory in character, approved by the city manager or designee, or city council as necessary, 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 article XIV of this chapter. By way of illustration, not limitation, temporary uses include: commercial temporary uses, community festivals, outdoor concerts, arts and crafts fairs, farmers markets, block parties, community garage sales, small scale recycling drop off locations, food drives. A privately operated flea market is not a temporary use.

Temporary use permit means a permit issued pursuant to the provisions of article XIV of this chapter or for a use provided by ordinance as a temporary use in any specified zone district.

Trash means as set forth in section 42-2.

Use means a use of land or property that is allowed to be carried on in that particular area under this chapter.

Vehicle means any motorized conveyance capable of carrying or transporting.

Whip antenna means any antenna cylindrical in shape that emits signals in a 360-degree horizontal plane for the transmission or reception of wireless communications signals.

Zone lot means a parcel of land occupied or to be occupied by a building or group of buildings and any accessory buildings identified with each, together with such open areas as are required under this chapter and having its principle frontage on a public right-of-way and having at least the minimum dimensions required by the density schedule for each zone district.

(Code 1985, § 10-1-10; Ord. No. 04-02, §§ 1, 2, 3-16-2004; Ord. No. 06-03, §§ 2, 3, 8-15-2006; Ord. No. 08-01, § 1, 1-15-2008; Ord. No. 10-09, § 15, 7-6-2010; Ord. No. 10-15, § 1, 9-21-2010; Ord. No. 12-05, §§ 4—6, 8-7-2012; Ord. No. 14-03, § 2, 4-15-2014; Ord. No. 17-14, § 1, 9-5-2017; Ord. No. 18-03, § 1, 4-3-2018)