7.3.108: USES IN OVERLAY DISTRICTS:

Certain uses that are listed as permitted by-right (P) or following conditional approval in a particular zone district may be restricted in certain overlay districts, as discussed in Section 7.3.202 below and as shown in Table 7.3.2-B: Additional Overlay District Use Table. (Ord. 23-03)

PART 2 ALLOWED USE TABLES

SECTION:

7.3.201: Base And NNA-O District Use Table

7.3.202: Additional Overlay District Use Table

7.3.201: BASE AND NNA-O DISTRICT USE TABLE:

Table 7.3.2-A below lists the land uses available in the base zone districts and the NNA-O district, subject to the use-specific standards cross-referenced in the right-hand column of the table. Use categories are defined as: Residential Uses, Civic, Public, and Institutional Uses; and Commercial and Industrial Uses.

Table 7.3.2-A                     P = Permitted               A = Accessory to primary use Base and NNA-O                  C = Conditional Use            T = Temporary use District Use Table                  R = Allowed pursuant to regulating plan

Residential

Mixed-Use

Indus.

Spec P.

NNA-O

Use-Specific Standards

Zone District   Land Use

A

R-E

R-1 9

R-1 6

R-2

R-4

R-5

R-Flex Low

R-Flex Med.

R-Flex High

OR

MX-N

MX-T

MX-M

MX-L

MX-I

FBZ

BP

LI

GI

APD

PF

PK

South

Central

North

RESIDENTIAL USES

Household Living

Dwelling, Single-family Detached

P

P

P

P

P

P

P

P

P

P

P

P

C

C

C

P

Dwelling, Two-family (duplex)

P

P

P

P

P

P

P

P

P

P

C

P

R

C

P

Dwelling, Single-family Attached

P

P

P

P

P

P

P

P

P

P

P

R

C

P

P

P

Dwelling, Multi-family

P

P

P

P

C

C

P

P

P

P

R

C

P

P

P

7.3.301A

Dwelling, Live/Work Unit

P

P

P

P

P

P

P

C

P

R

C

P

P

P

Manufactured Home

P

P

P

P

P

P

P

P

P

P

P

P

R

C

P

Manufactured Home Park

See Subsection 7.3.301B

7.3.301B

Short Term Rental

P

A

A

A

P

P

P

P

P

P

P

P

P

P

P

P

R

P

7.3.301C

Tiny House Community

C

C

C

C

C

R

7.3.301D

Group Living

Group Cooperative Living

P

P

P

P

P

P

P

P

P

C

P

R

C

C

Group Living Residence, Small

P

P

C

P

P

P

P

P

P

P

P

R

P

C

C

7.3.301E

Group Living Residence, Medium

C

P

C

P

P

P

P

P

P

P

R

P

C

C

7.3.301E

Group Living Residence, Large

C

C

P

P

P

P

P

P

R

P

C

C

7.3.301E

Human Services Establishment, Small

P

P

P

P

P

P

P

P

P

P

P

P

P

P

R

P

C

C

7.3.301E

Human Services Establishment, Medium

P

P

P

P

P

P

R

P

C

C

7.3.301E

Human Services Establishment, Large

P

P

P

P

P

R

P

C

C

7.3.301E

Long-term Care Facility

P

P

C

P

P

P

P

C

C

P

R

P

C

C

CIVIC, PUBLIC, AND INSTITUTIONAL USES

Adult or Child Day Care Center, Large

P

P

C

C

P

P

P

P

R

C

C

C

P

P

P

7.3.302A

Adult or Child Day Care Center, Small

P

P

P

C

C

P

P

P

P

R

C

C

C

P

P

P

7.3.302A

Cemetery

C

C

C

C

C

C

R

P

P

P

Club, Lodge, and Service Organization

P

C

C

C

P

P

P

C

R

P

C

C

P

P

P

7.3.302B

Correctional Facility/Juvenile Detention Facility

R

P

Detoxification Center

C

C

C

C

C

P

7.3.301E

Funeral Services

P

P

P

P

C

R

C

C

C

P

C

C

C

Hospice

C

C

C

C

C

P

P

C

C

C

P

P

P

P

P

R

C

C

C

P

C

C

Hospital

C

C

P

P

P

R

P

P

P

Human Services Shelter

C

C

C

C

C

C

C

C

C

C

C

P

P

P

R

C

C

P

C

C

Library, Museum, or Cultural Facility

C

C

P

P

P

P

R

C

C

P

P

P

P

P

P

Park

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

R

P

P

P

p

Public Safety Services

C

C

C

C

C

C

C

C

C

C

C

P

P

P

P

R

P

P

P

P

P

P

P

P

Religious Institution

P

C

C

C

C

P

P

P

P

P

P

P

P

P

P

P

R

P

C

C

P

P

P

P

7.3.302B

School, Elementary or Secondary

P

C

C

C

C

C

C

C

C

P

C

C

P

P

P

P

R

C

C

C

P

P

P

7.3.302B

School, Higher Education

P

C

C

P

P

P

P

R

P

C

C

C

P

P

P

COMMERCIAL AND INDUSTRIAL USES

Agriculture and Animal-Related Uses

Agricultural Production

P

R

Agricultural Sales and Service

C

P

P

R

C

C

Animal Care Facility

P

R

C

C

7.3.303A.1

Commercial Feedlot

C

R

Greenhouse

P

P

R

P

P

P

C

P

C

Small Animal Clinic

P

P

P

P

R

C

C

C

C

7.3.303A.1

Stable

P

A

A

A

A

R

P

7.3.303A.2

Urban Agriculture

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

R

P

P

P

P

P

P

P

P

7.3.303A.3

Eating, Drinking, and Lodging

Adult Entertainment

P

P

R

P

7.3.303B.1

Alcohol Production Uses

C

P

P

P

R

P

P

P

P

P

7.3.303B.2

Bar

C

P

P

P

R

C

C

P

P

P

P

Bed and Breakfast

P

P

C

C

P

P

P

P

R

C

C

C

Campground or Recreational Vehicle Park

C

P

P

P

R

P

C

Commissary Kitchen

P

P

P

R

P

P

P

P

P

7.3.303B.3

Hookah Bar

C

P

R

C

C

P

P

P

Hotel or Motel

C

P

P

P

R

C

C

P

P

P

P

Restaurant

P

P

P

P

R

C

C

C

P

P

P

P

P

7.3.303B.4

Rooming or Boarding House

P

C

P

P

P

R

C

C

C

C

Entertainment and Recreation

Entertainment or Recreation, Indoor

P

P

C

R

C

C

C

C

P

P

P

P

Entertainment or Recreation, Outdoor

C

C

C

C

C

C

C

R

C

C

P

P

P

P

P

7.3.303C.1

Semipublic Community Recreation

P

P

P

P

P

P

P

P

P

P

C

C

C

C

P

R

C

C

C

P

P

P

Stadium or Auditorium

P

P

C

R

C

C

C

P

P

P

P

P

7.3.303C.2

Heavy Commercial, Storage, and Industry

Construction Sales and Services

P

P

R

P

P

C

C

C

Heavy Industry

R

P

7.3.303D.1

Junkyard

R

C

P

7.3.303D.2

Light Industry

R

P

P

P

P

C

P

P

7.3.303D.6

Mining and Mineral Extraction

C

C

C

C

C

C

R

C

C

C

C

7.3.303D.3

Plant-Based Extraction -Hazardous

R

P

P

C

7.3.303D.4

Plant-Based Extraction - Nonhazardous

C

C

R

C

P

P

7.3.303D.4

Self-storage

C

P

P

C

R

P

P

P

P

P

C

C

C

7.3.303D.5

Special Industry

R

C

Stockyard

R

P

Warehousing and Wholesaling

C

C

C

R

P

P

P

P

C

P

P

Industrial Hemp

Industrial Hemp Products Manufacturer - Hazardous

R

P

P

7.3.303E

Industrial Hemp Products Manufacturer - Nonhazardous

C

C

R

C

P

P

7.3.303E

Industrial Hemp Cultivation Facility

C

C

R

C

P

P

7.3.303E

Marijuana-related Services

7.3.303F

Marijuana Consumption Club Facility

R

7.3.303F.3

Medical Marijuana Cultivation Facility

C

C

R

C

P

P

Medical Marijuana Products Manufacturer - Hazardous

R

P

P

Medical Marijuana Products Manufacturer - Nonhazardous

C

C

R

C

P

P

Medical Marijuana Store

P

P

R

A

A

A

7.3.303F.4

Natural Medicine

Natural Medicine Cultivation Facility

C

C

R

C

P

P

7.3.303 L

Natural Medicine Products Manufacturer

C

R

C

P

P

7.3.303 N

Natural Medicine Testing Facility

C

R

C

P

P

7.3.303 O

Office

Medical Office

P

P

P

P

P

P

P

P

P

P

P

P

P

P

7.3.303 K

Office

P

P

P

P

P

P

R

P

P

P

P

P

P

P

Vocational or Skills Education

P

P

C

P

P

P

R

P

P

P

P

P

P

P

Retail Sales and Services

Adult Retail

P

P

R

P

7.3.303G.1

Commercial Center

P

P

P

C

C

P

Liquor Sales

P

P

R

C

C

P

P

P

Personal or Business Service, Large

C

P

P

P

R

P

P

P

P

P

P

P

Personal or Business Service, Small

A

C

P

P

P

R

P

P

P

P

P

P

P

Retail Sales, Large

P

P

C

R

C

C

P

P

P

P

Retail Sales, Medium

P

P

P

R

P

C

P

P

P

P

Retail Sales, Small

A

C

P

P

P

R

P

C

P

P

P

P

Transportation

Airport

R

P

C

Light Vehicle Staging Area

C

P

P

C

R

Parking Lot

P

P

P

R

P

P

P

P

P

C

C

C

Parking Structure

P

P

P

R

P

C

C

P

P

P

P

P

Railroad Facility

R

A

A

Transit Station

P

P

P

R

C

P

P

P

Transportation Terminal

P

R

C

C

C

P

P

P

P

Truck Terminal

R

P

P

P

P

C

Utilities and Communication

Broadcasting Tower

C

C

C

C

C

R

C

C

C

C

C

C

Utility, Major

R

P

P

P

P

Utility, Minor

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

R

P

P

P

P

P

P

P

P

P

WCF, Eligible Facility Request

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

R

P

P

P

P

P

P

P

P

P

7.3.303H.1

WCF, Nonstealth Freestanding Facility

C

C

C

C

C

C

C

C

C

C

C

C

C

C

C

P

R

C

C

C

C

C

C

C

C

C

7.3.303H.1

WCF, Roof/building mount on multi-family, institutional or nonresidential buildings

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

R

P

P

P

P

P

P

P

P

P

7.3.303H.1

WCF, Roof/building mount on single- and two-family dwellings

C

C

C

C

C

C

R

C

C

C

C

C

C

C

C

C

7.3.303H.1

WCF, Small Cell Facility

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

R

P

P

P

P

P

P

P

P

P

7.3.303H.1

WCF, Stealth Freestanding Facility

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

R

P

P

P

P

P

P

P

P

P

7.3.303H.1

Vehicle Related

Automobile and Light Vehicle Repair, Minor

C

P

R

P

P

P

C

P

C

C

7.3.303I.1

Automobile and Light Vehicle Repair, Major

P

R

P

P

7.3.303I.1

Automobile and Light Vehicle Sales and Rental

C

C

P

R

C

C

P

C

C

C

7.3.303I.2

Automobile and Light Vehicle Storage

P

R

P

P

Automobile and Light Vehicle Wash

C

P

R

C

C

P

P

P

Fuel Dispensing Station

P

P

R

P

P

P

P

C

C

7.3.303I.3

Heavy Vehicle and Equipment Sales and Rental

C

R

P

P

Heavy Vehicle and Equipment Repair

R

P

P

Heavy Vehicle Storage

C

R

C

C

P

7.3.303I.4

Waste and Recycling

Landfill

R

C

P

7.3.303J.1

Recycling Collection Center, Large

R

C

C

P

7.3.303J.2

Recycling Collection Center, Small

A

A

A

A

R

P

P

P

7.3.303J.3

Recycling Processing Center

R

C

P

7.3.303J.4

Waste Transfer Station

R

C

P

C

7.3.303J.4

ACCESSORY USES

7.3.304A

Antenna or Satellite Dish, Accessory

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

R

A

A

A

A

A

A

A

A

A

Beehive, Accessory

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

R

A

A

A

A

A

A

A

A

A

7.3.304B

Carport or Garage, Accessory

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

R

A

A

A

A

A

A

A

A

A

7.3.304C

Drive-through, Accessory

C

A

A

A

R

A

A

C

C

C

7.3.304D

Dwelling, Accessory, Detached

A

A

A

A

A

A

A

A

A

A

A

C

A

R

C

A

7.3.304E

Dwelling, Accessory, Integrated

A

C

C

C

A

A

A

A

A

R

C

7.3.304E

Electric Vehicle Charging

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

R

A

A

A

A

A

A

A

A

A

7.3.304F

Family Suite, Accessory

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

P

7.3.304G

Geothermal Energy Equipment, Accessory

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

R

A

A

A

A

A

A

A

A

A

Greenhouse, Accessory

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

R

A

A

A

A

A

A

A

A

A

Home Adult or Child Day Care, Large, Accessory

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

R

A

A

A

A

A

7.3.304H

Home Adult or Child Day Care, Small, Accessory

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

R

A

A

A

A

A

7.3.304H

Home Occupation, Accessory

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

R

A

A

A

7.3.304I

Marijuana, Home Cultivation, Accessory

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

R

A

A

A

7.3.304J

Office or Bank Facility, Temporary

T

T

T

T

T

R

T

T

T

T

T

T

Outdoor Display of Goods, Accessory

C

A

C

R

A

A

A

C

C

C

7.3.304K

Outdoor Seating or Dining, Accessory

A

A

A

A

A

R

A

A

A

A

7.3.304L

Outdoor Storage, Accessory

R

A

A

A

7.3.304M

Playhouse, Accessory

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

R

A

A

A

7.3.304N

Solar Collector, Accessory

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

R

A

A

A

A

A

A

A

A

A

7.3.304O

Swimming Pool, Accessory

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

R

A

A

A

Transit Shelter, Accessory

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

R

A

A

A

A

A

A

A

A

A

7.3.304P

Wind Energy System, Accessory

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

R

A

A

A

A

A

A

A

A

A

7.3.304Q

TEMPORARY USES

Construction Office or Yard, Temporary

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

R

T

T

T

T

T

T

T

T

T

7.3.305A

Garage Sale, Temporary

T

T

T

T

T

T

T

T

T

T

T

R

T

T

T

7.3.305B

Mobile Vending Truck, Temporary

T

T

T

T

T

T

T

T

T

R

T

T

T

T

T

T

T

T

7.3.305C

Outdoor Display of Goods, Temporary

T

T

T

T

T

T

T

T

T

T

T

T

T

7.3.305D

Outdoor Festival or Amusement, Temporary

T

T

T

T

T

T

T

T

R

T

T

T

T

T

7.3.305E

Real Estate Sales or Business Office, Temporary

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

T

R

T

T

T

T

T

T

T

7.3.305F

Seasonal Sales, Temporary

T

T

T

T

T

T

T

T

R

T

T

T

T

T

T

7.3.305G

Vendor in Commercial Retail Center, Temporary

T

T

T

T

T

R

T

T

T

7.3.305I

 

(Ord. 23-03)

7.3.202: ADDITIONAL OVERLAY DISTRICT USE TABLE:

Table 7.3.2-B: Additional Overlay District Use Table below lists the land uses available in the Streamside Overlay (SS-O) and Airport Overlay (AP-O) districts. The uses in Table 7.3.2-B: Additional Overlay District Use Table supplement and supersede, but do not replace, the use indications for each base zone district listed in Table 7.3.2-A: Base and NNA-O District Use Table. In case of a conflict between Tables 7.3.2-A (Base and NNA-O District Use Table) and 7.3.2-B: Additional Overlay District Use Table, the provisions of Table 7.3.2-B shall apply. (In the NNA-O district, permitted uses supersede the permissions in the base zone district and are listed in Table 7.3.2-A.)

   A.   If a use is permitted by-right in the base zone district, it continues to be permitted by-right in the overlay district. If a use is prohibited in the base zone district, it is prohibited in the overlay district. The Use-Specific Standards cross-referenced in the right-hand column of the same use in Table 7.3.2-A: Base and NNA-O District Use Table continue to apply.

   B.   A "C" indicates that if permitted by-right (P) or permitted as a conditional use (C) in the base zone district, the use is permitted only after the applicant obtains conditional use approval pursuant to Section 7.5.601 (Conditional Use Permit), subject to the Use-Specific Standards cross-referenced in the right-hand column of the same use in Table 7.3.2-A: Base and NNA-O District Use Table.

Table 7.3.2-B            P = Permitted use if by-right in base zone district Additional Overlay District      C = Conditional use if permitted by-right in base zone district Use Table            A = Accessory                T = Temporary Use
Overlay District Land Use	SS-O	AP-O [1]
		ADNL	RPZ	APZ-1	APZ-2	ANAV
RESIDENTIAL USES
Household Living
Dwelling, Single-family Detached	P	[2]				P
Dwelling, Single-family Attached	P	[2]				P
Dwelling, Two-family (duplex)	P	[2]				P
Dwelling, Multi-family	P	[2]				P
Dwelling, Live/Work Unit	P	[2]				P
Manufactured Home	P	[2]				P
Manufactured Home Park	Requires PDZ Approval
Short Term Rental	P	[2]				P
Tiny House Community	P	[2]				P
Group Living
Group Cooperative Living	P	C		P	P	P
Group Living Residence, Small	P	C		P	P	P
Group Living Residence, Medium	P	C		P	P	P
Group Living Residence, Large	P	C		P	P	P
Human Services Establishment, Small	P	C		P	P	P
Human Services Establishment, Medium	P	C		P	P	P
Human Services Establishment, Large	P	C		P	P	P
Long-term Care Facility	P	C		P	P	P
Natural Medicine
Natural Medicine Cultivation Facility	P	C		P	P	P
Natural Medicine Products Manufacturer	C	C		P	P	P
Natural Medicine Testing Facility	C	C		P	P	P
CIVIC, PUBLIC, AND INSTITUTIONAL USES
Adult or Child Day Care Center, Large	P	C		P	P	P
Adult or Child Day Care Center, Small	P	C		P	P	P
Cemetery	P	P		C	P	P
Club, Lodge, and Service Organization	P	C		P	P	P
Correctional Facility/Juvenile Detention Facility		C		P	P	P
Detoxification Center	P	C		P	P	P
Funeral Services	P	C		P	P	P
Hospice	P	C		P	P	P
Hospital	P					P
Human Services Shelter	P	C		P	P	P
Library, Museum, or Cultural Facility	P	C		P	P	P
Park	P	[3]		C	P	P
Public Safety Services	P	C		P	P	P
Religious Institution	P					P
School, Elementary or Secondary	P					P
School, Higher Education	P					P
COMMERCIAL AND INDUSTRIAL USES
Agriculture and Animal-Related Services
Agricultural Production	P	C		P	P	P
Agricultural Sales and Service	P	C		P	P	P
Animal Care Facility		C		P	P	P
Commercial Feedlot		C		P	P	P
Greenhouse	P	C		P	P	P
Small Animal Clinic	P	C		P	P	P
Stable	P			C	P	P
Urban Agriculture	P	C		P	P	P
Eating, Drinking, and Lodging
Adult Entertainment	P	C		P	P	P
Alcohol Production Uses	P	C		P	P	P
Bar	P	C		P	P	P
Bed and Breakfast	P	C		P	P	P
Campground or Recreational Vehicle Park	P	C		P	P	P
Commissary Kitchen	P	C		P	P	P
Hookah Bar	P	C		P	P	P
Hotel or Motel	P	[4]				P
Restaurant	P	C		P	P	P
Rooming or Boarding House	P	C		P	P	P
Entertainment and Recreation
Entertainment or Recreation, Indoor	P	C		P	P	P
Entertainment or Recreation, Outdoor	P	[5]		[5]	P	P
Semipublic Community Recreation	P	C		P	P	P
Stadium or Auditorium	P			C	P	P
Heavy Commercial, Storage, and Industry
Construction Sales and Services	C	C		P	P	P
Heavy Industry		C		P	P	P
Junkyard		C		P	P	P
Light Industry	C		[6]	P	P	P
Mining and Mineral Extraction		C		P	P	P
Self-storage	C	C		P	P	P
Plant-Based Extraction - Hazardous	C			P	P	P
Plant-Based Extraction - Nonhazardous	C	C		P	P	P
Special Industry		C		P	P	P
Stockyard		C		P	P	P
Warehousing and Wholesaling	C		[6]	P	P	P
Industrial Hemp
Industrial Hemp Products Manufacturer - Nonhazardous	C	C		P	P	P
Industrial Hemp Products Manufacturer - Hazardous	C	C		P	P	P
Industrial Hemp Cultivation Facility	P	C		P	P	P
Marijuana-related Services
Marijuana Consumption Club Facility	P	C		P	P	P
Medical Marijuana Cultivation Facility	P	C		P	P	P
Medical Marijuana Products Manufacturer - Nonhazardous	C	C		P	P	P
Medical Marijuana Products Manufacturer - Hazardous	C	C		P	P	P
Medical Marijuana Store	P	C		P	P	P
Office
Medical Office	P	[4]	P	[7]	P	P
Office	P	C		P	P	P
Vocational or Skills Education	P	C		P	P	P
Retail Sales and Services
Adult Retail	P	C		P	P	P
Liquor Sales	P	C		P	P	P
Personal or Business Service, Large	P	C		P	P	P
Personal or Business Service, Small	P	C		P	P	P
Retail Sales, Large	P	P		[7]	P	P
Retail Sales, Medium	P	P		[7]	P	P
Retail Sales, Small	P	P		[7]	P	P
Transportation
Airport	P	C		P	P	P
Light Vehicle Staging Area	P	C		P	P	P
Parking Lot	C	C		P	P	P
Parking Structure	C	C		P	P	P
Railroad Facility	P	C		P	P	P
Transit Station	P	C		P	P	P
Transportation Terminal	P	C		P	P	P
Truck Terminal		C		P	P	P
Utilities and Communication
Broadcasting Tower	P	C		P	P	P
Utility, Major	P	C		P	P	P
Utility, Minor	P	C		P	P	P
WCF, Eligible Facility Request	P	C		P	P	P
WCF, Nonstealth Freestanding Facility	P	C		P	P	P
WCF, Roof/building mount on multi-family, institutional or nonresidential buildings	P	C		P	P	P
WCF, Roof/building mount on single- and two-family dwellings	P	C		P	P	P
WCF, Small Cell Facility	P	C		P	P	P
WCF, Stealth Freestanding Facility	P	C		P	P	P
Vehicle Related
Automobile and Light Vehicle Repair, Minor	C	C		P	P	P
Automobile and Light Vehicle Repair, Major	C	C		P	P	P
Automobile and Light Vehicle Sales and Rental	C	C		P	P	P
Automobile and Light Vehicle Storage	C	C		P	P	P
Automobile and Light Vehicle Wash	C	C		P	P	P
Fuel Dispensing Station	C	C		P	P	P
Heavy Vehicle and Equipment Sales and Rental	C	C		P	P	P
Heavy Vehicle and Equipment Repair	C	C		P	P	P
Heavy Vehicle Storage	C	C		P	P	P
Waste and Recycling
Landfill		C		P	P	P
Recycling Collection Center, Large		C		P	P	P
Recycling Collection Center, Small	P	C		P	P	P
Recycling Processing Center		C		P	P	P
Waste Transfer Station		C		P	P	P
ACCESSORY USES
Antenna or Satellite Dish, Accessory	A	C		A	A	A
Beehive, Accessory	A	C		A	A	A
Carport or Garage, Accessory	A	C		A	A	A
Drive-through, Accessory	A	C		A	A	A
Dwelling, Accessory, Detached	A	C		A	A	A
Dwelling, Accessory, Integrated	A	C		A	A	A
Electric Vehicle Charging	A	C		A	A	A
Family Suite, Accessory	A	C		A	A	A
Geothermal Energy Equipment, Accessory	A	C		A	A	A
Greenhouse, Accessory	A	C		A	A	A
Home Adult or Child Day Care, Large, Accessory	A	C		A	A	A
Home Adult or Child Day Care, Small, Accessory	A	C		A	A	A
Home Occupation, Accessory	A	C		A	A	A
Marijuana, Home Cultivation, Accessory	A	C		A	A	A
Outdoor Display of Goods, Accessory	A	C		A	A	A
Outdoor Seating or Dining, Accessory	A	C		A	A	A
Outdoor Storage, Accessory	C	C		A	A	A
Playhouse, Accessory	A	C		A	A	A
Solar Collector, Accessory	A	C		A	A	A
Swimming Pool, Accessory	A	C		A	A	A
Transit Shelter, Accessory	A	C		A	A	A
Wind Energy System, Accessory	A	C		A	A	A
TEMPORARY USES
Construction Office or Yard, Temporary	T	C		T	T	T
Garage Sale, Temporary	T	C		T	T	T
Mobile Vending Truck, Temporary	T	C		T	T	T
Outdoor Display of Goods, Temporary	T	C		T	T	T
Outdoor Festival or Amusement, Temporary	T	C		T	T	T
Real Estate Sales or Business Office, Temporary	T	C		T	T	T
Seasonal Sales, Temporary	T	C		T	T	T
Vendor in Commercial Retail Center, Temporary	T	C		T	T	T
Notes [1]   Certain uses may be permitted in the ADNL subzone with proper building design and minimal outdoor uses (see page 14 of ACI50/5050-6). [2]   Residential uses are prohibited within a noise subzone of 65 DNL or greater. [3]   Public Assembly areas, noise-sensitive cultural activities, and nature exhibits are not permitted. [4]   Conditional use review is required for proposed development in an area with greater than 65 DNL. [5]   A golf course is permitted by-right in ADNL and conditional in APZ-1; all other uses in this category are conditional in ADNL and permitted by-right in APZ-1. [6]   Warehousing and outdoor storage only, with no permanent occupancy. [7]   Retail and office square footage to be determined through Development Plan review.

 

(Ord. 23-03; Ord. 24-108)

PART 3 USE-SPECIFIC STANDARDS

SECTION:

7.3.301: Residential Uses

7.3.302: Civic, Public, And Institutional Uses

7.3.303: Commercial And Industrial Uses

7.3.304: Accessory Uses

7.3.305: Temporary Uses

7.3.301: RESIDENTIAL USES:

   A.   Dwelling, Multi-family: In the OR and MX-N zone districts, this use is limited to no more than ten (10) dwelling units in a single structure.

   B.   Manufactured Home Park: This use is only permitted when included in a PDZ district meeting the requirements of Part 7.2.7 (Planned Development Zone District) approved by City Council pursuant to Section 7.5.704 (Zoning Map Amendment (Rezoning)).

   C.   Short Term Rental:

      1.   Purpose and Intent: The purpose and intent of the Short Term Rental Permit is to facilitate the permitting of Short Term Rental subject to appropriate restrictions and standards and to allow for varied accommodations and experiences for visitors while retaining the character of residential neighborhoods.

      2.   Permit Required:

         a.   A Short Term Rental may not operate without a Short Term Rental Permit from the City pursuant to Section 7.5.510 (Short Term Rental Permit).

         b.   It shall be unlawful for any person to operate any Short Term Rental without a valid Short Term Rental, as approved by the Manager.

         c.   The Short Term Rental 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. 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.

         d.   The Short Term Rental Permit is valid for one (1) year from the date of issuance. The permit may be renewed for additional one (1) year periods.

      3.   General Standards and Review Criteria: A Short Term Rental shall comply with the following standards, which must be met at the time of permit application and at all times thereafter:

         a.   The sleeping quarters for Short Term Rental tenants shall not be in nonresidential areas within buildings or accessory structures (e.g., shed, garage, etc.) that do not contain finished living space; in commercial or industrial spaces such as retail stores or warehouses; outdoors (e.g., tent, etc.); or in a recreational vehicle.

         b.   The maximum number of units that may be used as Short Term Rental is as follows:

            (1)   For properties with up to four (4) dwelling units, one (1) unit within each lawful dwelling unit on a property, up to a maximum of four (4) Short Term Rentals per property.

            (2)   For multi-family buildings held in common ownership, each owner shall be limited to two (2) Short Term Rentals per property. Entities under common control shall be considered a single owner for the purpose of evaluating ownership of dwelling units.

         c.   The owner shall obtain a Sales Tax license from the City Sales Tax Office and shall not be indebted or obligated in any manner to the City.

         d.   The owner shall maintain weekly residential trash collection services and comply with Section 6.4.104 (Preparation for Collection) of this Code.

         e.   The owner shall maintain and provide proof of property liability insurance in the amount of not less than $500,000 or provide proof that property liability coverage in an equal or higher amount is provided by any and all hosting platforms through which the owner will rent the Short Term Rental. Proof of liability insurance is not required if Short Term Rental reservations are handled exclusively by hosting platforms (websites) that extend liability coverage of not less than $500,000 under terms acceptable to the Manager.

         f.   The owner shall not be classified as a repeat offender or a chronic repeat offender pursuant to Section 7.5.907 (Penalties) and shall not have had a Short Term Rental Permit revoked within the preceding two (2) years.

      4.   Location Requirements:

         a.   Except as provided in Subsection c below, no non-owner occupied Short Term Rental shall be located within five hundred (500) feet of another non-owner occupied Short Term Rental.

         b.   Except as provided in Subsection c below, no non-owner occupied Short Term Rental shall be located in the R-E, R-1 9, or R-1 6 zone districts or single-family PDZ districts.

         c.   Where an owner occupied Short Term Rental is owned by an active duty military service member whose permanent duty station is within El Paso County, the Manager shall waive the requirements in Subdivisions a and b above for the owner for up to one (1) year if the service member receives orders to report to a temporary duty station outside of El Paso County.

      5.   Operating Requirements: All Short Term Rental owners and tenants shall comply with the following rules and regulations:

         a.   All short-term tenants shall comply with all applicable noise, housing, public health, fire, and safety ordinances of the City.

         b.   Parking in private driveways shall be used first, with overflow parking on the street where permitted. Parking on-site in non-driveway areas (i.e., front yard areas, parkways, and rear yards) shall be prohibited.

         c.   No meals shall be prepared for or served to the short-term tenants by the owner or the owner's agents.

         d.   Use of the Short Term Rental for any commercial or large social events or gatherings, such as weddings, is prohibited.

         e.   The Permit with all local contact information and emergency safety information shall be prominently displayed within the Short Term Rental.

         f.   The City issued Short Term Rental Permit number shall be used in all rental marketing materials.

         g.   During the term that a Short Term Rental is occupied by a short-term tenant, the owner or the local contact person designated by the owner shall be available at all times for the purpose of responding within one (1) hour to complaints regarding the condition or operation of the Short Term Rental or the conduct of short-term tenants. If the local contact person designated by the owner changes, the owner shall update the permit on file within three (3) days.

         h.   Maximum overnight occupancy of a Short Term Rental shall be limited to two (2) occupants per bedroom, plus an additional two (2) occupants per dwelling unit. The maximum overnight occupancy per dwelling unit shall be fifteen (15) occupants.

   D.   Tiny House Community:

      1.   Project Size:

         a.   The minimum size of a Tiny House Community is twenty thousand (20,000) square feet and the maximum size is two (2) acres.

         b.   Minimum Lot Area/Dwelling Unit:

            (1)   Each Tiny House Community shall contain a defined area for the use of each dwelling unit.

            (2)   Each defined area for a Tiny House shall contain at least one thousand (1,000) square feet of land area or one-and-one half (1½) times the gross floor area of the Tiny House, whichever is larger.

         c.   No defined area for a Tiny House may contain any area within a 100-year floodplain, within a mapped geological hazard area where residential uses are restricted pursuant to Part 7.4.5 (Geological Hazards), where residential uses are restricted pursuant to Part 7.4.8 (Floodplains), or within a designated vehicle circulation route.

      2.   Density and Green Space:

         a.   Maximum residential density is twenty-five (25) Tiny Houses per acre.

         b.   A shared Green Space containing a minimum of ten (10) percent of the project area shall be provided.

      3.   Setbacks and Separation:

         a.   No designated area for a Tiny House shall be located within ten (10) feet of an adjacent Residential of Mixed-Use zone district or within twenty (20) feet of any public right-of-way adjacent to the project site.

         b.   No Tiny House may be located within ten (10) feet of another Tiny House, measured by the shortest distance between the two (2) Tiny Houses.

      4.   Maximum Building Height: The maximum height of a Tiny House and of any common area structure in a Tiny House Community is twenty (20) feet.

      5.   Installation: Each Tiny House shall be installed on a permanent foundation and shall be connected to City water, sewer, and electric utilities before occupancy for any period of time.

      6.   Landscaping, Buffering, and Screening:

         a.   Any area between individual areas designated for Tiny Houses and the side and rear lot lines of the Tiny House Community shall comply with Part 7.4.9 (Landscaping and Green Space).

         b.   Laundry drying yards and outdoor storage yards shall be screened from view from any adjacent public right-of-way in compliance with Part 7.4.9 (Landscaping and Green Space).

      7.   Stormwater: Each Tiny House Community shall comply with Parts 7.4.6 (Grading and Erosion Control) and 7.4.7 (Stormwater).

      8.   Parking: Each Tiny House Community site shall contain one (1) parking space per designated Tiny House dwelling site, unless the Manager determines that some or all of such spaces are not necessary due to the intended use or operation of the Tiny House Community or restrictions on resident motor vehicle ownership contained in recorded covenants on the Tiny House Community property.

      9.   Access and Circulation:

         a.   A pedestrian path at least five (5) feet wide shall be provided from at least one (1) adjacent public street to each designated Tiny House site. Required paths may be located in public access easements, and each path shall confirm to the City's adopted pathway standards unless the City Engineer determines that due to low levels of expected use a different standard will provide equivalent or better safety and durability.

         b.   Any public and private streets within the Tiny House Community shall be designed and constructed to the City's adopted street standards and specification, unless the City Engineer determines that due to low levels of expected use a different standard will provide equivalent or better safety and durability.

         c.   Each Tiny House Community shall comply with all adopted standards for fire access required to protect each Tiny House.

      10.   Utility Easements: Each Tiny House Community shall comply with all adopted City standards for the location and width of utility easements unless the Colorado Springs Utilities Chief Executive Officer, City Engineer, Stormwater Enterprise Manager, or utility provider determines that due to anticipated low levels of utility use or the close proximity of designated Tiny House sites, utility easements of different sizes or in different locations will provide equivalent safety, durability, and opportunities for utility maintenance.

      11.   Accessory Structures:

         a.   Each Tiny Home Community may include up to two hundred (200) square feet per unit for accessory structures, including mail boxes, enclosed bike storage, laundry, groundskeeping, personal storage, or common rooms.

         b.   Personal storage space may be attached to the tiny home unit or configured as a single storage building for all residents.

         c.   If accessory structures for individual tiny homes are permitted, each such structure shall be located within the defined area for the tiny home to which it relates, as defined in Subsection 1.b(2) above.

         d.   These standards and limitations do not apply to gazebos or outdoor pavilion spaces provided for residents and guests of the Tiny Home Community.

      12.   Management: Applicants proposing a Tiny House shall enter into a development agreement with the City requiring the condominium or other property owner's association to maintain all streets, utilities, and infrastructure that are not dedicated to and accepted by the City.

   E.   Group Living Residence, Human Services Establishment, or Detoxification Center:

      1.   Separation Requirement:

         a.   No Group Living Residence Use or Detoxification Center shall be located within one thousand (1,000) feet of another Group Living Residence or Detoxification Center.

         b.   This spacing requirement shall not apply between two (2) establishments licensed by the State as assisted living.

      2.   District-Specific Use Limitations:

         a.   A Development Plan is required for a Human Services Establishment (Medium or Large only) use, including a Drug and Alcohol Treatment Facility, Family Care Home, Human Services Residence, Large Family Care Home, and a Residential Childcare Facility; or the following that house or are designed to accommodate more than eight (8) residents: a Hospice, a Human Services Facility, a Domestic Violence Safe House, a Family Support Residence, a Human Services Shelter, or a Detoxification Center use.

         b.   In the PDZ district, after October 1, 2012, all Group Living Residence, Human Services Establishment, and Detoxification Center uses shall be determined at the time of the establishment of the zone district.

         c.   In the FBZ district, all Group Living Residence, Human Services Establishment, and Detoxification Center uses shall be determined at the time of regulating plan approval.

      3.   Permit Requirements:

         a.   If an establishment requires an administrative permit prior to obtaining state licensing and meets the requirements for the permit, the Manager shall issue a provisional permit that allows occupancy of the establishment for six (6) months. The provisional permit shall become an administrative permit upon the award of the State license or may be renewed one time for a subsequent period of six (6) months.

         b.   If the use of an operation as authorized under the administrative permit is terminated, or if the operation is otherwise discontinued for a period of twelve (12) months, the administrative permit shall expire.

      4.   Review Criteria: Where these uses, excluding Human Services Establishments, small and medium, require approval of a Development Plan pursuant to Section 7.5.515 (Development Plan) or a Conditional Use Permit pursuant to Section 7.5.601 (Conditional Use Permit), the criteria for approval shall include the following (in addition to the review criteria otherwise applicable to the type of approval being requested).

         a.   The site provides adequate space for active outdoor recreation, if needed.

         b.   The proposed site provides adequate space for passive outdoor recreation.

         c.   Recreation areas are located to minimize noise impacts on adjacent properties.

         d.   Landscaping, berms, fences, or walls are provided to buffer the site if needed.

         e.   Physical alterations to the exterior of the existing structure and landscaping and any signs are in keeping with the character of the neighborhood and kept to a minimum.

         f.   The establishment been designed and located to assure the security of the establishment itself, adjoining properties, and the neighborhood in general.

      5.   Domestic Violence Safe House Review Criteria and Requirements: An administrative permit shall be approved for a Domestic Violence Safe House if the following criteria are met:

         a.   An eligible operator of a Domestic Violence Safe House shall be an entity or corporation registered in the State of Colorado.

         b.   Upon receipt of the operator's mission statement and a request for an administrative permit, and any other information determined necessary by the Manager to ascertain the adequacy of a proposed location for a Domestic Violence Safe House, the Manager shall review the request pursuant to the applicable criteria in this Subsection 7.3.301E.5. There is no requirement for public notification or public hearing prior to the Manager's review or decision.

         c.   The Manager shall review the application and, within thirty (30) days after receipt of the completed request, issue a decision on the application.

         d.   The operator of a Domestic Violence Safe House that receives an administrative permit must pass a fire inspection prior to initiating operation of the safe house.

         e.   The Manager and any other municipal employee or elected official who may become aware of the location of a Domestic Violence Safe House shall hold confidential the location of the Domestic Violence Safe House.

         f.   Information and documents pertaining to a Domestic Violence Safe House may only be released to the City Attorney, the Fire Chief, and the Police Chief. This information and documentation shall not be disseminated further to City personnel or other governmental personnel except by joint determination and concurrence of the Mayor, City Attorney, and Police Chief, or by court order. For purposes of this Subsection 7.3.301E.5, "court" means a court with competent jurisdiction over the City. (Ord. 23-03)

7.3.302: CIVIC, PUBLIC, AND INSTITUTIONAL USES:

   A.   Adult or Child Day Care Center:

      1.   This use shall be located on a collector street with direct access to a Major or Minor arterial roadway and shall meet all requisite state and City licensure requirements.

      2.   In the A or R-E zone districts, an Adult or Child Day Care Center, Small shall only be permitted as accessory to a principal residential use.

      3.   In the A zone district, an Adult or Child Day Care Center, Large shall only be permitted as accessory to a principal residential use.

      4.   This use shall provide the minimum square footage of indoor and outdoor space pursuant to state requirements. No part of the required outdoor space shall be situated within any front building setback. The required outdoor space shall be screened from adjacent residential properties when necessary to reduce play area sounds.

   B.   Club, Lodge, and Service Organization, Religious Institution, and School, Elementary or Secondary:

      1.   The minimum lot area for a Club, Lodge, Service Organization, or Religious Institution shall be two-and-a-half (2.5) acres if the principal auditorium in the use has a capacity of no more than three hundred (300) people, or four (4) acres if the capacity is larger than three hundred (300) people.

      2.   All principal and accessory buildings shall be set back at least fifty (50) feet from the property line. (Ord. 23-03)

7.3.303: COMMERCIAL AND INDUSTRIAL USES:

   A.   Agriculture and Animal-Related Services:

      1.   Animal Care Facility and Small Animal Clinic:

         a.   Each building and any associated animal run shall be constructed at least fifty-five (55) feet from any property line.

         b.   Except in the A zone district, all activities shall be conducted within a totally and permanently enclosed, soundproofed building.

         c.   In the A zone district, outdoor veterinary activities require conditional use permit approval pursuant to Section 7.5.601 (Conditional Use Permit).

      2.   Stable:

         a.   All buildings and corrals involved in the use of the property as a stable shall be constructed at least fifty-five (55) feet from any property line.

         b.   When the stable is an accessory structure to another primary use of the property:

            (1)   The stable is only permitted on a lot containing at least thirty-seven thousand (37,000) square feet of gross area; and

            (2)   The use shall comply with the requirements of Sections 6.7.106 (Animals Kept on Premises; Sanitary Requirements) and 6.9.101 (Hoofed Animals Kept on Premises; Sanitary Requirements) of the City Code.

      3.   Urban Agriculture:

         a.   Structures:

            (1)   Horticulture:

               (a)   Cold frames are limited to a maximum height of three (3) feet and shall be located at least ten (10) feet from any lot line adjacent to a lot that has an occupied residential use or is within a residential zone district.

               (b)    Accessory greenhouse and hoop house structures are limited to a maximum height of ten (10) feet, shall be located at least ten (10) feet from any lot line adjacent to a lot that has an occupied residential use or is within a residential zone district, and may not cover more than twenty-five (25) percent of the rear lot.

            (2)   Animals:

               (a)   Hoofed Pets: Up to four (4) hoofed pets may be kept on a property. If three (3) or more hoofed pets are kept on the same property, a housing structure that meets the following standards shall be required:

                  (i)    The housing structure shall be located within the rear fifty percent (50%) of the lot.

                  (ii)    The housing structure shall be at least twenty (20) feet from any abutting property line.

                  (iii)   The housing structure shall provide adequate shelter for the hoofed pets.

                  (iv)    Each hoofed pet shall have access to at least one-hundred and thirty (130) square feet of permeable area per goat in the rear fifty (50%) percent of the lot.

               (b)   Fowl: Standards for coops and other accessory structures shall comply with Subsection 7.3.304(A).

            (3)   Agricultural stands are limited to a maximum height of ten (10) feet and shall be located at least ten (10) feet from any lot line adjacent to a lot that has an occupied residential use or is within a residential zone district.

         b.   Operational Standards:

            (1)   Produce grown on the property may be sold only in accordance with the standards for cottage food sales in Subsection 7.3.304I.4 (Standards for Cottage Food Sales).

            (2)   The site drainage and maintenance shall prevent water, fertilizer, or any other product from draining onto adjacent property that is not part of the contiguous land in common use and shall comply with all City regulations regarding illicit discharges.

            (3)   Refuse and compost areas shall be enclosed at ground level to be rodent-resistant, and compost piles shall not exceed four (4) feet in height.

            (4)   No outdoor work activity that involves power equipment or generators may occur between 7:00 p.m. and 7:00 a.m. the next day.

         c.   Soil Quality:

            (1)   Food products may be grown in soil native to the site if the applicant can provide documentation to the El Paso County Public Health Department that a composite sample of the native soil, consisting of no less than five (5) individual samples, has been tested for lead content and the lead content in the soil is determined to be at or below the residential screening levels for soil exposure, direct-contact for lead established by the State of Colorado; and either:

               (a)   Proof through maps, deeds, prior permits, or a combination of those sources that the site has only been used for residential or agricultural activities in the past; or

               (b)    Documentation that a composite sample of the native soil, consisting of no less than five (5) individual samples, has been tested for metal content using the US EPA 3050B, 3051, or a comparable method and that the metals arsenic, cadmium, mercury, molybdenum, nickel, selenium, and zinc are determined to be at or below the residential screening levels for soil exposure, direct-contact established by the State of Colorado. If metal content in soil exceeds established thresholds, food products may only be grown in raised beds filled with clean topsoil.

            (2)   As an alternative to meeting the standards in Subsection (1) above, food products may be grown in clean soil brought to the site without completing a soil test of the soil native to the site.

   B.   Eating, Drinking, and Lodging Establishments:

      1.   Adult Entertainment: No Adult Entertainment Use shall be located within one thousand (1,000) feet of another Adult Entertainment use, an Adult Retail use, residentially zoned or used property, Religious Institution, Child Daycare Center, Park, Elementary or Secondary School, or Higher Education School (whether within or without the City).

      2.   Alcohol Production Uses: In the MX-N zone district, the gross floor area of the use shall not exceed five thousand (5,000) square feet.

      3.   Commissary Kitchen: Accessory uses for retail or educational purposes shall be conducted within the same building as the principal permitted use and shall not occupy more than twenty (20) percent of the gross floor area of the principal building.

      4.   Restaurant:

         a.   In all zone districts, the Bar Area of a Restaurant may not exceed thirty-five (35) percent of the Restaurant's gross floor area.

         b.   In the MX-N zone district, the following standards apply:

            (1)   The gross floor area of the use shall not exceed five thousand (5,000) square feet.

            (2)   An outdoor seating area shall not be located within ten (10) feet of any property line of a lot containing a primary residential use or that is within a residential zone district.

         c.   In the PK zone district, a restaurant must be incidental to another permitted or conditional use.

      5.   Bar: A bar is permitted in the MX-N zone district but shall be located no less than two-hundred (200) feet from any residential zoning or use.

   C.   Entertainment and Recreation:

      1.   Entertainment or Recreation, Outdoor: In the R-5, R-Flex High, and MX-T zone districts, only golf courses and related facilities are allowed and require conditional use permit approval pursuant to Section 7.5.601 (Conditional Use Permit).

      2.   Stadiums/Auditoriums: In the PK zone district, Stadiums/Auditoriums shall be limited to 250,000 square feet, minus parking areas.

   D.   Heavy Commercial, Storage, and Industry:

      1.   Heavy Industry: A garbage service company use shall be entirely contained within a building or yard enclosed on all sides by a wall or solid fence at least seven (7) feet in height and kept in good repair at all times.

      2.   Junkyard: The yard shall be kept in good repair and be maintained to prevent nuisances and avoidable adverse impacts on adjacent properties at all times. Stacking height maximums and the proximity of stacked materials to lot lines shall comply with any additional requirements of the Fire Code Official.

      3.   Mining and Mineral Extraction:

         a.   Open-pit mining, surface mining, and underground mining with activities above ground is allowed as a conditional use only in the A zone district.

         b.   Temporary surface, open pit mining, and underground mining with activities underground are allowed with conditional use approval pursuant to Section 7.5.601 (Conditional Use Permit) in all other districts where mining and mineral extraction is allowed.

         c.   This use will be allowed only if the applicant can demonstrate at the time of applying for a conditional use permit pursuant to Section 7.5.601 (Conditional Use Permit) that, in addition to other criteria that would otherwise apply to approval of a conditional use permit:

            (1)   The property values of the land surrounding the conditional use will not be substantially reduced;

            (2)   The mode and quality of life in any area of the City will not be adversely affected by the proposed mining operation;

            (3)   The noise attributable to the mining operation will be in conformance with Section 9.8.104 (Permissible Noise Levels) of this Code;

            (4)   The dust attributable to the mining operation will be within state and federal standards;

            (5)   The road and highway traffic attributable to the mining operation will not adversely affect the City traffic system by causing unreasonable congestion or excessive deterioration of such system;

            (6)   The mining operations will not cause or create adverse drainage and sewage problems;

            (7)   An underground mining operation will not unreasonably interfere with the present or anticipated surface used by causing subsidence, vibrations, or dust;

            (8)   The mining operation is in conformance with the Colorado Springs Comprehensive Plan and the Master Plan for Extraction of Commercial Mineral Deposits that was adopted July 1, 1975; and

            (9)   The mining reclamation plan and time schedule are acceptable to the City.

         d.   Following conditional approval of this use, the mining operator is required to post a bond with the City in an amount set by the City that is sufficient to ensure that the mining reclamation plan is carried out.

         e.   For use, storage, and handling of explosives, contact the Fire Code Official. All dynamite shot plans must be reviewed by the Fire Code Official.

      4.   Plant-Based Extraction:

         a.   This use shall install, maintain, and operate an adequate ventilation and filtration system that ensures odors are not detectible by a person with a typical sense of smell from any adjoining lot, parcel, tract, public right-of-way, building unit, or residential unit.

         b.   The design and operation of each Hazardous Plant-Based Extraction facility shall comply with all Fire Code Official requirements.

      5.   Self-Storage:

         a.   All storage shall be kept within an enclosed building, except recreation or other oversized vehicles which shall be stored only in exterior areas screened from view from any street frontage.

         b.   Only storage of goods and materials are allowed in self-storage rental spaces. The use of storage spaces to conduct or operate a business is prohibited.

         c.   The storage of hazardous materials is prohibited.

         d.   Loading docks may not be located on a side of the facility adjacent to a residential zone district.

         e.   A permanent screen shall be required along all property boundaries and shall conform to landscaping and screening requirements in Part 7.4.9 (Landscaping and Green Space).

         f.   If the facility is within an OR or MX-N zone district, all storage shall be contained within a fully enclosed structure that:

            (1)   Is at least a two (2) story structure with storage units on upper floors with access doors to storage units accessed from interior hallways; and

            (2)   Does not have any garage doors or access doors to any storage unit facing any public street, park, or green space, unless the doors are screened from all visible public streets, parks, and green spaces.

         g.   The use of shipping containers for permanent structures is subject to Development Plan review and architectural review pursuant Part 7.4.11 (Building Design and Site Features).

         h.   Exterior façade treatment shall be consistent within the developed area including materials and colors.

      6.   Light Industrial:

         a.   When adjacent to an Attached and Detached Single-Family and Two-Family Dwelling zoning or use, a data center office use shall adhere to the Buffer 2 standards in Table 7.4.9-C.

         b.   Parking for data center office uses shall be 1 (one) per 1,000 (one thousand) sf of GFA.

   E.   Industrial Hemp:

      1.   An Industrial Hemp use:

         a.   Is prohibited within a residential zone district or dwelling unit;

         b.   Shall hold valid licenses or registrations from the United States Department of Agriculture (USDA) and Colorado Department of Agriculture (CDA), as applicable; and

         c.   Shall install, maintain, and operate an adequate ventilation and filtration system that ensures odors are not reasonably detectible by a person with a typical sense of smell from any adjoining lot, parcel, tract, public right-of-way, building unit, or residential unit.

      2.   Outdoor grow facilities are prohibited.

   F.   Marijuana-Related Services:

      1.   Prohibition of Other Marijuana Uses:

         a.   Except as expressly permitted in this UDC, the following uses are prohibited on all property within the City:

            (1)   Operating a retail marijuana establishment.

            (2)   Transferring or permitting the transfer of marijuana or marijuana concentrate at no cost to a person if the transfer is in any way related to remuneration for any other service or product.

            (3)   Growing, cultivating, or processing marijuana or medical marijuana except in compliance with the requirements of this UDC.

         b.   In addition to any other competent evidence identifying a substance as marijuana, or marijuana concentrate, results of the field test known as the "Duquenois-Levine Reagent System" shall be admissible in evidence and shall be prima facie evidence of whether the substance tested was marijuana or marijuana concentrate.

         c.   Outdoor grow facilities are prohibited.

      2.   General Standards:

         a.   An MMJ Facility is prohibited within a residential zone district or dwelling unit except as allowed by Subsection 7.3.304J (Marijuana, Home Cultivation, Accessory),

         b.   An MMJ Facility shall hold valid local and state medical marijuana business licenses and local and state Sales Tax licenses, as applicable.

         c.   On-premises use, consumption, ingestion, or inhalation within an MMJ Facility is prohibited.

         d.   An MMJ Facility shall install, maintain, and operate an adequate ventilation and filtration system that ensures odors are not reasonably detectible by a person with a typical sense of smell from any adjoining lot, parcel, tract, public right-of-way, building unit, or residential unit.

      3.   Marijuana Consumption Club Facility:

         a.   No new uses of the Marijuana Consumption Club (MCC) Facility type are allowed.

         b.   Existing uses of this type are allowed only if prior to September 22, 2015, an existing use was lawfully operating pursuant to the "similar use determination" of the Manager, dated May 28, 2014. Those MCC Facilities operating pursuant to the similar use determination shall be considered nonconforming uses under this UDC, shall be licensed by the City, and shall cease operations no later than March 22, 2024. Any MCC Facility operating after March 22, 2024, shall be considered an unlawful use under this UDC.

         c.   No MCC Facility shall operate or permit any person upon the licensed premises without a ventilation and filtration system that ensures odors are not reasonably detectible by a person with a typical sense of smell from any adjoining lot, parcel, tract, public right-of-way, building unit, or residential unit.

      4.   Medical Marijuana Store: This use shall be located at least one thousand (1,000) feet from any Elementary or Secondary School, Residential Childcare Facility, Drug or Alcohol Treatment Facility, or any other Medical Marijuana Store. This minimum distance shall be measured from the nearest portion of the building used for the Medical Marijuana Store to the nearest property line of the school, Residential Childcare Facility, Drug or Alcohol Treatment Facility, or other Medical Marijuana Store using a route of direct pedestrian access.

      5.   Retail Marijuana Store:

         a.   To the extent that Retail Marijuana Stores are permitted by law, this use shall be located at least one (1) mile from any Elementary or Secondary School, Residential Childcare Facility, or Drug or Alcohol Treatment Facility. This minimum distance shall be measured from the nearest portion of the building used for the Retail Marijuana Store to the nearest property line of the school, Residential Childcare Facility, or Drug or Alcohol Treatment Facility using a route of direct pedestrian access.

         b.   This Subsection (5) does not authorize the sale of retail marijuana.

   G.   Retail Sales and Service:

      1.   Adult Retail: No Adult Retail Use shall be located within one thousand (1,000) feet of another Adult Retail use, an Adult Entertainment use, residentially zoned or used property, Religious Institution, Child Daycare Center, Park, Elementary or Secondary School, or Higher Education School (whether within or without the City).

   H.   Utilities and Communication:

      1.   Wireless Communication Facility:

         a.   Purpose: The purpose of these use-specific standards is to accommodate the communication needs of residents and businesses while protecting the public, health, safety, and welfare of the community. In particular, the purpose of these standards is to:

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

            (2)   Promote and protect the public health, safety, and welfare by reducing the visibility of WCFs to the fullest extent possible through techniques including but not limited to stealth design techniques and undergrounding of the equipment associated with WCFs where technologically feasible;

            (3)   Encourage the deployment of smaller, less intrusive WCFs to supplement existing larger WCFs;

            (4)   Encourage the use of wall-mounted panel antennas;

            (5)   Encourage Roof Mounted antennas only when wall-mounted antennas will not provide adequate service or are not otherwise technologically feasible;

            (6)   Encourage the location of Towers in non-residential areas in a manner that minimizes the total number of Towers needed throughout the community;

            (7)   Encourage, strongly, the Collocation of WCFs on new and existing sites;

            (8)   Encourage owners of Antennas and Towers to locate them, to the extent possible, in areas where the adverse impact to the community is minimized;

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

            (10)   Effectively manage WCFs in the right-of-way.

         b.   Permit Required: No person shall construct, establish, or build a WCF without first having obtained a lease (as applicable), a pole attachment master license agreement (as applicable), a Building Permit, and a WCF Permit pursuant to Section 7.5.513 (WCF Permit).

         c.   Applicability: The requirements of this Section apply to all WCF applications, non-eligible modifications, Small Cell Facilities, and Micro Cell Facilities. The requirements of this Section do not apply to:

            (1)   Amateur radio antenna, Over-the-Air Receiving Device (OTARD), and residential television reception/antenna towers except as provided in Subsection d below.

            (2)   Any WCF for which a permit has been properly issued prior to the effective date of this ordinance shall not be required to meet the requirements of this Section, other than the requirements of Subsection d below. Changes and additions to pre-existing WCFs (including trading out of antennas for an equal number of antennas) shall meet applicable requirements of Subsection d below.

            (3)   A WCF installed upon the declaration of a state of emergency by the federal, state, or local government, or a written determination of public necessity by the Manager.

            (4)   A temporary WCF installed for providing coverage of a special event such as news coverage or a sporting event, subject to a Temporary Use Permit.

         d.   Operational Standards:

            (1)   Federal Requirements: All WCFs shall meet the current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government with the authority to regulate WCFs. If such standards and regulations are changed, then the owners of the WCF shall bring such facility into compliance with such revised standards and regulations within the time period mandated by the controlling federal agency.

            (2)   Permission to Use Right-of-Way: Only Small Cell Facilities (including Micro Cell Facilities) are permitted in the right-of-way. No other WCF sites are permitted in the right-of-way. For Small Cell Facilities in the right-of-way, the applicant shall execute a master license agreement with the City. Attachment of Small Cell Facilities on an existing traffic signal, street light pole, or similar structure shall require written evidence of a license, or other legal right or approval, to use such structure by its owner. Prior to, or concurrently with, seeking land use approval for Small Cell Facilities in the right-of-way, the applicant shall execute a master license agreement with the City.

            (3)   Operation and Maintenance: To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with the standards contained in the Regional Building Code, other applicable codes such as safety codes, and any federal requirements in effect at the time of original installation or modification. If, upon inspection at any time, the City concludes that a WCF fails to comply with such codes and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the WCF, the owner shall have thirty (30) days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the Manager may extend such compliance period not to exceed ninety (90) days from the date of said notice. If the owner fails to bring the WCF into compliance within said time period, the Manager may remove it at the owner's expense.

            (4)   Abandonment and Removal: If a WCF has not been in use for a period of six (6) months, the owner of the WCF shall notify the City of the non-use and shall indicate whether re-use is expected within the ensuing six (6) months. Any WCF that has not operated for a continuous period of twelve (12) months shall be considered abandoned. The City, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall remove the same within sixty (60) days of receipt of written notice from the City. If such WCF is not removed within said sixty (60) days, the Manager may remove it at the owner's expense and any approved permits for the WCF shall be deemed to have expired. Additionally, the City, in its sole discretion, shall not approve any new WCF application until the applicant who is also the owner or operator of any such abandoned WCF has removed such WCF or payment for such removal has been made to the City. The owner of the property and owner of the WCF shall be jointly responsible for the removal of a WCF that is abandoned or is unused for a period of twelve (12) months.

            (5)   Hazardous Materials: No hazardous materials shall be permitted in association with WCFs, except those necessary for the operation of the WCF and only in accordance with all applicable laws governing such materials.

            (6)   Collocation: No WCF owner or operator shall unreasonably exclude a telecommunications competitor from using the same facility or location. Upon request by the Manager, the owner or operator shall provide evidence explaining why collocation is not possible at a particular facility or site.

         e.   Site Selection Considerations:

            (1)   An applicant shall consider the following types of sites as locations for WCFs. This list is not in order of priority:

               (a)   On existing structures such as buildings, water tanks, existing towers, signs, or similar features;

               (b)   On City-owned or Colorado Springs Utilities sites that have been identified as appropriate locations for WCFs, provided:

                  (i)    The proposed WCF will not have an adverse impact upon the operational or security requirements for the site; and

                  (ii)    The site can accommodate a WCF in a manner that lessens the visual impact and increases the land-use compatibility over privately held sites within the same vicinity.

               (c)   In locations where the existing topography, vegetation, buildings, or other structures provide the greatest screening potential.

            (2)   Applicants are discouraged from locating Small Cell Facilities within a right-of-way that is less than fifty (50) feet wide or that is adjacent to residential structures or vacant land that is zoned or master planned for residential uses.

         f.   Design Standards:

            (1)   General: The requirements set forth in this Subsection f shall apply to the location and design of all WCFs governed by this UDC. WCFs shall be designed and located to minimize impacts on surrounding neighborhoods and to maintain the character and appearance of the City, consistent with other provisions of this UDC.

            (2)   Stealth Design Techniques and Concealment Elements:

               (a)   All WCFs and any transmission equipment shall, to the extent technically feasible, use Stealth Design Techniques including but not limited to the use of materials, colors, textures, screening, undergrounding, or other design options that will blend the WCF to the surrounding natural setting or built environment. Design, materials, and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation located in the right-of-way and on adjacent parcels.

               (b)   Stealth Design Techniques may be of heightened importance where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views, or community features). Should the Manager determine that WCFs are located in areas of high visibility, they shall (where possible) be designed to minimize their profile (e.g., stealth design, camouflages, placed underground, depressed, or located behind earth berms).

               (c)   Stealth Design Techniques may include the use of Alternative Tower Structures if the Manager determines that such design meets the intent of this UDC and better serves the community.

               (d)   The visible exterior surfaces of all WCFs shall be constructed out of, or be finished with, non-reflective materials.

            (3)   Collocation: Except for Small Cell Facilities in the right-of-way, WCFs shall be designed and constructed to permit the facility to accommodate WCFs from at least two (2) wireless service providers on the same WCF, to the extent it is technologically feasible based upon construction, engineering, and design standards, and except where such collocation would materially compromise the design intent of the WCF, including stealth design. Collocation requirements for Small Cell Facilities may be addressed in a master license agreement or in regulations established pursuant to these WCF standards (Subsection 7.3.303H.1 (Wireless Communication Facility)).

            (4)   Lighting: WCFs shall not be artificially lit, unless required by the FAA or other applicable governmental authority, or if the WCF is mounted on a Support Structure primarily used for lighting purposes. If lighting is required, the Manager may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding properties or environs. All lighting shall comply with the requirements of Part 7.4.12 and shall be shielded or directed to the maximum extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences.

            (5)   Noise: Noise generated on the site shall not exceed the levels permitted in this Code, except that a WCF owner or operator shall be permitted to exceed Code noise standards during repairs for a reasonable period of time not to exceed two (2) hours without prior authorization from the City.

            (6)   Landscaping and Fencing:

               (a)   WCFs shall be sited in a manner that does not reduce the landscaped areas for the other principal uses on the property below the requirements of Part 7.4.9 or elsewhere in the UDC.

               (b)    Excluding Small Cell Facilities deployed in the right-of-way, WCFs shall be landscaped with a buffer of plant materials that effectively screen the view of the WCF from any adjacent residential properties. The standard buffer shall consist of the front, side, and rear landscaped setback on the perimeter of the site. In locations where the visual impact of the WCF would be minimal, the landscaping requirement may be reduced or waived by the Manager. Where the City has requested landscaping, the Manager may require irrigation.

               (c)   Where fencing or screening is required by the Manager, the fencing or screening material shall meet the standard of the zone district in which the WCF will be located. In no case may fencing material be primarily wire or metal except as allowed by the applicable zone district.

               (d)   Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as WCFs sited on large lots with an abundance of vegetation, including trees, natural growth around the site perimeter may be sufficient to buffer.

               (e)   No trees larger than four (4) inches in diameter measured at four-and-a-half (4½) feet high from the ground may be removed, unless authorized by the Manager. Authorization shall only be granted if the applicant demonstrates that tree removal is necessary, that the applicant's plan minimizes the number of trees to be removed, and that any trees removed are replaced at a ratio of two (2) to one (1). The City shall designate a tree caliper requirement for all replacement trees. Additional landscaping required by the City will be maintained at the expense of the WCF owner.

            (7)   Adjacent to Residential Uses: Adjacent to residential uses, WCFs shall be sited in a manner that evaluates the proximity of the facility to residential structures and residential zone district boundaries. When placed adjacent to property in a residential zone district, the WCF shall be placed adjacent to the common side yard property line between adjoining residential properties such that the WCF minimizes visual impacts equitably among adjacent properties. In the case of a corner lot, the WCF may be placed adjacent to the common side yard property line between adjoining residential properties, or on the corner formed by two (2) intersecting streets. All applicable setback requirements shall be met.

            (8)   Specific Design Requirements: Additional design requirements shall be applicable to the various types of WCFs and related Accessory Equipment as specified below.

               (a)    Wall-Mounted WCFs:

                  (i)    Wall-mounted WCFs shall be architecturally compatible with and textured and colored to match the wall or structure to which they are attached. The antennas and equipment shall blend in with the wall to the maximum extent feasible.

                  (ii)    The antenna shall be mounted as flush to the wall as technically practicable. The maximum protrusion of such facilities from the wall or structure face to which they are attached shall be six (6) feet.

                  (iii)    Panel antennas shall not extend above the wall or parapet to which they are attached.

                  (iv)    Wall-mounted antennas are not subject to a maximum mounting height above existing grade, provided they meet the standards above.

                  (v)    Accessory Equipment for wall-mounted antennas may be located on the roof of a building.

                  (vi)    Wall-mounted facilities and accessory equipment that meet the standards of this Subsection (a) are considered to use Stealth Design Techniques.

               (b)    Roof-Mounted WCFs:

                  (i)    All Roof Mounted WCFs 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.

                  (ii)    Any screen 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 extent technologically feasible.

                  (iii)    A Roof Mounted WCF and Accessory Equipment shall not be permitted on a sloped roof unless the applicant can demonstrate that the WCF or equipment is not visible from the street or adjacent residential areas.

                  (iv)    Where permitted, Roof Mounted equipment that will be visible against the skyline shall be painted white, gray, or some similar light shade that blends with the sky background as viewed from adjoining streets and neighboring properties.

                  (v)    Roof Mounted Antennas and equipment are not subject to a maximum height when proposed on an existing structure, provided that the applicant can demonstrate that all Roof Mounted Antennas and Accessory Equipment can be located behind an existing parapet or existing screen wall that is at least as tall as the antennas and Accessory Equipment. Expansions to existing screen walls may be authorized by the Manager, if the applicant can demonstrate that any expansion does not result in any additional height and is in compliance with the design standards of this Subsection (b) or that the requested modification is an Eligible Facilities Request. Roof Mounted Antenna and Accessory Equipment not meeting the screening standard of this paragraph are subject to the lesser of the maximum building height for the zone district or no more than ten (10) feet above the roof parapet.

               (c)    Miscellaneous: If an Antenna is installed on a structure other than a Tower or Alternative Tower Structure (including, but not limited to the antennas and Accessory Equipment), it shall be of a neutral, non-reflective color that is identical to, or closely compatible with, the color of the Supporting Structure, or uses other Stealth Design Techniques so as to make the Antenna and related facilities as visually unobtrusive as technologically feasible, including for example, without limitation, painting the Antennas and Accessory Equipment to match the structure.

               (d)    Alternative Tower Structures not in the Right-of-Way: An Alternative Tower Structure not located in a right-of-way shall:

                  (i)    Be designed and constructed to look like a building, facility, or structure typically found in the area;

                  (ii)    Use camouflage or concealment to be consistent with other existing natural or manmade features near its location;

                  (iii)    Be architecturally compatible with the surrounding area;

                  (iv)    Be of a height and size that is minimized to the extent technologically feasible;

                  (v)    Be sited in a manner that evaluates the proximity of the facility to residential structures and residential zone district boundaries for aesthetic purposes;

                  (vi)    Take into consideration the uses on adjacent and nearby properties and the compatibility of the facility to these uses for aesthetic purposes;

                  (vii)    Be compatible with the surrounding topography;

                  (viii)    Be compatible with the surrounding tree coverage and foliage;

                  (ix)    Be compatible with the context and design of the site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and

                  (x)    Minimize impact on the surrounding area of the proposed ingress and egress, if any.

               (e)    Alternative Tower Structures for Small Cell Facilities in the Right-of-Way: Alternative Tower Structures and associated Small Cell Facilities (including Micro Cell Facilities) may be deployed in the right-of-way through the use of a street light pole, distribution lines, utility poles, traffic signal, or similar structure. Such facilities shall remain subject to the applicable Alternative Tower Structures standards of approval noted above. Small Cell Facilities in the right-of-way are exempt from setbacks, but are subject to the following additional design criteria below:

                  (i)    To the extent that an Alternative Tower Structure is a stand-alone vertical structure located in the right-of-way (such as a street light pole), pole-mounted equipment should be mounted on or within the pole or in a flush-to-grade underground equipment vault;

                  (ii)    To the extent reasonably feasible, the Alternative Tower Structure shall be consistent with the size and shape of the pole-mounted equipment installed by communications companies on utility poles near the Alternative Tower Structure;

                  (iii)    The structure shall be sized to minimize the negative aesthetic impacts to the right-of-way;

                  (iv)    The structure shall be designed such that Antenna installations on traffic signal standards are placed in a manner so that the size, appearance, and function of the signal will not be materially altered;

                  (v)    Ground mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the Manager such as being screened from view, and may, where appropriate and to the extent it is technologically feasible based upon construction, engineering, and design standards, require a flush-to-grade underground equipment vault;

                  (vi)    The Alternative Tower Structure shall 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, and shall comply with the Americans with Disabilities Act and every other federal, state, and local law and regulation;

                  (vii)    The Support Structure height (as measured from the ground to the top of the pole or structure) may not exceed the greater of forty (40) feet or five (5) feet taller than any existing utility or traffic signal pole within six hundred (600) feet of the pole or structure;

                  (viii)    Unless the WCF is deployed on an existing structure in the right-of-way, new WCFs placed on poles in the right-of-way shall be separated from any other pole, Accessory Equipment, or WCF in the right-of-way by at least six hundred (600) feet;

                  (ix)    To the extent technically feasible, Collocations are strongly encouraged where other Support Structures are located in proximity; and

                  (x)    Equipment enclosures shall be located out of view as much as technically feasible and shall comply with the requirements of this Code (e.g., sight line criteria).

               (f)   Towers:

                  (i)    Towers shall either maintain a non-reflective galvanized steel finish or, subject to any applicable FAA standards, be painted a neutral color so as to reduce visual obtrusiveness as determined by the City;

                  (ii)    Tower structures should use existing land forms, vegetation, and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment;

                  (iii)    Monopole support structures shall taper from the base to the tip;

                  (iv)    All Towers, excluding Alternative Tower Structures in the right-of-way, shall be enclosed by security fencing or a wall at least six (6) feet in height and shall also be equipped with an appropriate anti-climbing device.

               (g)   Related Accessory Equipment: Accessory Equipment for all WCFs shall meet the following requirements:

                  (i)    All buildings, shelter, cabinets, and other accessory components shall be grouped as closely as technically possible;

                  (ii)    Except for Small Cell Facilities in the rights-of-way, the total footprint coverage area of the WCF's Accessory Equipment shall not exceed three hundred and fifty (350) square feet per carrier, unless otherwise approved by the Manager.

            (9)   Setbacks and Separation: All zone setbacks and separation requirements shall apply to WCFs except as specifically stated otherwise in these WCF standards (Subsection 7.3.303H.1 (Wireless Communication Facility)). A Tower shall meet the greater of the following minimum setbacks from all property lines:

               (a)   The setback for a principal building within the applicable zone district;

               (b)    Twenty-five (25) percent of the facility height, including WCFs and Related Accessory Equipment; or

               (c)   Five (5) times the Tower height, including antennas, if the Tower is in, or adjacent to, a residential zone district or school site, unless a conditional use is approved.

            (10)   Administrative Waiver:

               (a)   Any of the WCF design standards may be waived or reduced by the Manager upon a determination that the purpose and intent of this part is better served thereby and that the application in question involves circumstances that are not generally applicable to WCFs of the same type. The Manager shall identify the specific purpose or intent, as set forth above, that is better served by the waiver and the circumstances that warrant a waiver.

               (b)   If necessary to ensure that this Subsection f does not have the effect of prohibiting the provision of wireless service, any of the design standards may be waived or reduced by the Manager upon written request from the applicant that demonstrates the following waiver criteria:

                  (i)    The design standard prohibits or has the effect of prohibiting the provision of wireless service through the WCF at the location because the standard will not allow the technology to function at that location;

                  (ii)    There is no existing nearby alternate structure for collocation or attachment that will provide the technological functionality and which otherwise meets the design standard sought to be waived;

                  (iii)    The proposal for varying from the design standard represents a reasonable and best approximation of the specific standard sought to be waived; and

                  (iv)    The proposed alternative does not and will not constitute or create any public safety, health, or welfare concern.

               (c)   All waiver requests made by applicants shall be in writing and supported by substantial evidence contained in a written record. Each of the criteria addressed above shall be addressed in the written request with references to supporting evidence. The Manager may require sworn affidavits be provided by qualified engineers to support any waiver requests based on technological requirements.

               (d)   All waiver decisions shall be made in writing. If any design standard is approved for waiver, the WCF proposed shall nevertheless meet all other applicable design standards not specifically waived in the Manager's decision. Each waiver shall be site specific and shall not apply to any type or kind of WCF generally.

               (e)   If a waiver request is denied for failure to meet any of the criteria specified above and there is no alternative for installation of the WCF at the particular location in a manner that meets the applicable design standards, then such application for the WCF for such specific location shall be denied.

            (11)   Additional Design Standards: The Manager is authorized to establish, through administrative regulations, additional design standards for WCFs in the Manager's discretion.

   I.   Vehicle-Related:

      1.   Automobile and Light Vehicle Repair, Minor and Major:

         a.   All work on vehicles shall be done entirely within an enclosed building.

         b.   Automotive parts or junk vehicles may not be stored outside.

         c.   The nearest point of the building in which the repair activity occurs shall be more than one hundred (100) feet from the boundary of any residential zone district.

      2.   Automobile and Light Vehicle Sales and Rental:

         a.   If vehicle repair services are provided, this use shall comply with the standards in Subsection 1 above for Automobile and Light Vehicle Repair, Minor and Major.

         b.   Vehicles shall not be displayed in areas designated for landscaping unless otherwise shown on an approved Development Plan.

         c.   Outdoor display areas for vehicles are allowed as an accessory use or conditional accessory use in those districts where Outdoor Display of Goods, Accessory is permitted in Table 7.3.2-A (Base and NNA-O District Use Table).

         d.   Required maneuvering or access areas shall not be used for display or storage of motor vehicles. Display or storage areas shall be delineated on required plans.

      3.   Fuel Dispensing Stations: Fuel Dispensing Stations shall maintain a two hundred and fifty (250) foot separation from residential zone districts including R-E, R-1 9, R-1 6, R-2, R-4, R-5, R-Flex Low, R-Flex Medium, and R-Flex High.

      4.   Heavy Vehicle and Equipment Storage: This use shall be entirely contained within a building or within a yard enclosed on all sides by a wall or solid fence at least seven (7) feet in height and kept in good repair at all times.

   J.   Waste and Recycling:

      1.   Landfill:

         a.   Landfills are only permitted subject to the approval of a certificate of designation by the El Paso County Public Health Department.

         b.   A landfill used for medical or pharmaceutical waste shall be located at least one (1) mile from any residential zone district or residential use, and shall comply with all federal, state, and local laws and regulations regarding the disposal of medical and pharmaceutical waste.

      2.   Recycling Collection Center, Large:

         a.   If the property is within the LI or BP zone district, all 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 (7) 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.

         b.   The Development Plan shall indicate off-site and on-site management techniques used to protect against litter and debris.

         c.   The use of power-driven light processing activities required for the temporary storage and shipment of materials, including compacting, baling, and paper or plastic shredding, is only permitted if shown on an approved Development Plan.

      3.   Recycling Collection Center, Small:

         a.   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 (7) 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.

         b.   The center shall use off-site and on-site management techniques used to protect against litter and debris.

         c.   The collection facilities shall not be located and collection activities shall not occur:

            (1)   On any portion of the site required or designated for landscaping or other purposes;

            (2)   In any area that reduces the available off-street parking on the site below the minimum parking required by Part 7.4.10; or

            (3)   In any area that interferes with vehicular circulation or required lines of sight for vehicles entering, leaving, or circulating on the property.

         d.   Power driven light processing activities required for the temporary storage and shipment of materials, including compacting, baling, and paper or plastic shredding, shall be permitted when this use is accessory to a principal use.

         e.   In the Mixed-Use and Industrial zone districts, this use is permitted as an accessory use to any multi-family, office, commercial, industrial, institutional, or civic use.

      4.   Recycling Processing Center or Waste Transfer Station:

         a.   The use shall be entirely enclosed within a building or yard enclosed on all sides by a wall or solid fence at least seven (7) feet in height and kept in good repair at all times. No waste or recyclable materials shall be stored or kept at a level higher than the surrounding wall or fence.

         b.   The Development Plan shall indicate off-site and on-site management techniques used to protect against litter and debris.

         c.   The use shall comply with the laws, standards, rules, and regulations of the Air Quality Control Commission, the Water Quality Control Commission, and the Colorado Department of Public Health and Environment, where applicable.

         d.   The collection facilities shall not be located, and collection activities shall not occur, on any portion of the site required or designated for landscaping or other purposes.

   K.   Natural Medicine:

      1.   Prohibition of Other Natural Medicine Uses:

         a.   Except as expressly permitted in this UDC, the following uses are prohibited on all property within the City:

            (1)   Administration to, possession or consumption of Natural Medicine by a person under the age of 21.

            (2)   Operating a retail Natural Medicine establishment.

            (3)   Growing Natural Medicine in an outdoor facility.

            (4)   Transferring or permitting the transfer of Natural Medicine or Natural Medicine product at no cost to a person if the transfer is in any way related to remuneration for any other service or product.

            (5)   Growing, cultivating, or processing Natural Medicine except in compliance with the requirements of this UDC.

   L.   Natural Medicine Healing Center: This use shall comply with the following standards:

      1.   A Natural Medicine Healing Center shall be considered a Medical Office use for purposes of this UDC and adhere to applicable requirements in Tables 7.3.2-A, 7.3.2-B, and 7.4.10-A.

      2.   A Natural Medicine Healing Center shall hold a valid State license and local and state Sales Tax licenses, as applicable.

      3.   Natural Medicine Services shall only be performed within a licensed Natural Medicine Healing Center facility.

      4.   A Natural Medicine Healing Center shall not collocate with any establishment that sells or serves alcohol or Marijuana-related Services.

      5.   This use shall be located at least one (1) mile from any Elementary or Secondary School, Residential Childcare Facility, Drug or Alcohol Treatment Facility, or any other Natural Medicine Healing Center. This minimum distance shall be measured from the nearest portion of the building used for the Natural Medicine Healing Center to the nearest property line of the school, Residential Childcare Facility, Drug or Alcohol Treatment Facility, or other Natural Medicine Healing Center using a route of direct pedestrian access.

      6.   A Natural Medicine Healing Center shall install, maintain, and operate an adequate ventilation and filtration system that ensures odors are not reasonably detectible by a person with a typical sense of smell from any adjoining lot, parcel, tract, public right-of-way, building unit, or residential unit.

   M.   Natural Medicine Cultivation Facility: This use shall comply with the following standards:

      1.   Natural Medicine or Natural Medicine products shall not be consumed on cultivation facility premises unless collocated with a licensed Natural Medicine Healing Center.

      2.   Natural Medicine or Natural Medicine products shall not be tested at a cultivation facility unless collocated with a State licensed Natural Medicine Testing Center.

      3.   Natural Medicine shall not be cultivated outdoors.

      4.   Home cultivation of Natural Medicine for the purpose of use in a State licensed Natural Medicine Healing Center is not permitted.

      5.   A Natural Medicine Cultivation Facility shall not collocate with any establishment that sells or serves alcohol or Marijuana-related Services.

      6.   A Natural Medicine Cultivation Facility shall hold a valid State license.

      7.   This use shall be located at least one thousand feet (1,000') from any Elementary or Secondary School, Residential Childcare Facility, Drug or Alcohol Treatment Facility, or any other Natural Medicine Business. This minimum distance shall be measured from the nearest portion of the building used for the Natural Medicine Cultivation Facility to the nearest property line of the school, Residential Childcare Facility, Drug or Alcohol Treatment Facility, or other Natural Medicine Business using a route of direct pedestrian access.

      8.   The Natural Medicine Cultivation Facility shall have a ventilation and filtration system that ensures odors from the cultivation activities are not detectible by a person with a typical sense of smell from any adjoining lot, parcel, tract, public right-of-way, building unit, or residential unit.

      9.   The use shall comply with applicable standards in the City of Colorado Springs Fire Prevention Code and Standards.

   N.   Natural Medicine Product Manufacturer: This use shall comply with the following standards:

      1.   Natural Medicine or Natural Medicine products shall not be consumed, cultivated, or sold at a manufacturing facility or on manufacturing facility premises unless otherwise collocated with another Natural Healing Business.

      2.   Home manufacture of Natural Medicine is not permitted.

      3.   A Natural Medicine Manufacturer shall not collocate with any establishment that sells or serves alcohol or Marijuana-related Services.

   4.   This use shall be located at least one thousand feet (1,000') from any Elementary or Secondary School, Residential Childcare Facility, Drug or Alcohol Treatment Facility, or any other Natural Medicine Business. This minimum distance shall be measured from the nearest portion of the building used for Natural Medicine Manufacturing to the nearest property line of the school, Residential Childcare Facility, Drug or Alcohol Treatment Facility, or other Natural Medicine Business using a route of direct pedestrian access.

      5.   The Natural Medicine Product Manufacturer shall have a ventilation and filtration system that ensures odors from the manufacturing activities are not detectible by a person with a typical sense of smell from any adjoining lot, parcel, tract, public right-of-way, building unit, or residential unit.

      6.   A Natural Medicine Product Manufacturer shall hold a valid State license.

      7.   The use shall comply with applicable standards in the City of Colorado Springs Fire Prevention Code and Standards.

   O.   Natural Medicine Testing Facility:

      1.   Natural Medicine or Natural Medicine products shall not be consumed, cultivated, manufactured or sold at a testing facility or on testing facility premises unless collocated with a State licensed Natural Healing Center, Natural Healing Cultivation Center, or Natural Healing Manufacturer.

      2.   Home testing of Natural Medicine is not permitted.

      3.   A Natural Medicine Testing Facility may collocate with a licensed and regulated Marijuana Testing Facility, but not an establishment that sells or serves alcohol or provides any other Marijuana-related Services.

      4.   This use shall be located at least one thousand feet (1,000') from any Elementary or Secondary School, Residential Childcare Facility, Drug or Alcohol Treatment Facility, or any other Natural Medicine Business. This minimum distance shall be measured from the nearest portion of the building used for the Natural Medicine Healing Center to the nearest property line of the school, Residential Childcare Facility, Drug or Alcohol Treatment Facility, or other Natural Medicine Business using a route of direct pedestrian access.

      5.   The Natural Medicine Testing Facility shall have a ventilation and filtration system that ensures odors from the manufacturing activities are not detectible by a person with a typical sense of smell from any adjoining lot, parcel, tract, public right-of-way, building unit, or residential unit.

      6.   Natural Medicine Cultivation Facility shall hold a valid State license.

      7.   The use shall comply with applicable standards in the City of Colorado Springs Fire Prevention Code and Standards. (Ord. 23-03; Ord. 23-09; Ord. 24-90; Ord. 24-108)