7.3.303: COMMERCIAL AND INDUSTRIAL USES:

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)

7.3.304: ACCESSORY USES:

Accessory use regulations address not only the uses listed below but also the use related structures.

A. General Standards:

1. Required Setbacks: Accessory structures or uses are permitted in setbacks only as follows:

a. Accessory structures or uses less than two hundred (200) square feet in gross floor area are allowed in the required rear-yard setback, but the structure or use may not encroach into recorded easements unless the City has granted an easement encroachment.

b. Accessory structures or uses with more than two hundred (200) square feet in gross floor area shall comply with the following setbacks:

(1) In the A, R-E, and R-1 9 zone districts or if garage doors face an alley, ten (10) feet.

(2) In the GI zone district, zero (0) feet.

(3) In all other zone districts, five (5) feet unless otherwise specified in an approved Development Plan.

2. Height Restrictions: In the A, R-E, R-1 9, R-1 6, R-2, R-Flex Low, OR, MX-N, and MX-M zone districts, the maximum height of an accessory structure or use that is:

a. Located in a required setback is twelve (12) feet.

b. Not located in a required setback, is sixteen (16) feet with a roof pitch of less than 6:12, or twenty (20) feet with a roof pitch of 6:12 or greater.

3. Dimensional Restrictions:

a. The following dimensional standards apply to all accessory structures except:

(1) Accessory structures used for agricultural purposes in the A zone district;

(2) Secondary industrial buildings in the A, LI, and GI districts; and

(3) Detached Accessory Dwellings, which are subject to Subsection 7.3.304E.2 (Standards for Detached ADUs).

b. The gross floor area of the accessory structure(s) may not exceed the gross floor area of the primary structure.

4. Use Restrictions:

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

b. Vehicles may not be used as accessory structures.

c. Unless specifically permitted in this Code, accessory structures are not allowed in front yards.

B. Beehive, Accessory:

1. General Requirements: Beehives are permitted as an accessory use on any lot, with the number of beehives allowed and permitted location subject to the size of the lot as identified in Table 7.3.3-A.

Table 7.3.3-A Number of Beehives Allowed and Location
Lot size		Number of Beehives Allowed	Minimum Rear or Side Yard Setback	Minimum Front-Yard Setback
Greater than or Equal to	Less Than	Number of Beehives Allowed	Minimum Rear or Side Yard Setback	Minimum Front-Yard Setback
0 sf	20,000 sf	2	5 ft	Must meet minimum front-yard setback of zone district
20,000 sf	1 acre	4	15 ft
1 acre	2 acres	5
2 acres	3 acres	6
3 acres	4 acres	7
4 acres	5 acres	8
5 acres	--	unlimited	50 ft	50 ft

2. Flyway Barrier:

a. If the property is less than five (5) acres in size, and the beehive is located within fifty (50) feet of any property line, a flyway barrier located no more than five (5) feet from the entrance of the beehive is required.

b. Each flyway barrier shall be at least six (6) feet in height and constructed of an opaque fence or fast-growing, dense evergreen vegetative material capable of reaching six (6) feet in height at maturity.

3. A fresh water supply shall be provided within five (5) feet of each beehive.

C. Carport or Garage, Accessory:

1. Garages:

a. Garages shall be no larger than one thousand, six hundred and fifty (1,650) square feet for a detached single-family dwelling and no more than eight hundred (800) square feet may be dedicated per unit for an attached single-family, two-family, or multi-family dwelling.

b. A detached garage shall have a maximum height of sixteen (16) feet if the roof pitch is less than six (6) to twelve (12), or twenty (20) feet otherwise.

2. Carports:

a. General Standard: Carports are allowed in the front yard setback as an accessory use to a single-family detached or two-family dwellings in the A, R-E, R-1 9, R-1 6, R-2, R-4, and single-family PDZ districts only after issuance of a permit in accord with Section 7.5.505 (Front Yard Carport Permit).

b. Front Yard Carport Criteria: A front yard carport is permitted in the front yard setback in connection with a single-family dwelling detached or a two-family dwelling in the A, R-E, R-1 9, R-1 6, R-2, R-4, and single-family portions of PDZ districts upon a finding that the application complies with the following standards and criteria:

(1) The front yard carport shall not exceed five hundred (500) square feet, or the maximum allowable parking and maneuvering area pursuant to Subsection 7.4.1008E (Driveways).

(2) The front yard carport shall be set back at least five (5) feet from the near edge of the adjacent sidewalk, if any, and at least ten (10) feet from the near edge of the curb or roadway.

(3) The front yard carport shall meet the same side setbacks as the principal use.

(4) The front yard carport shall not have side panels or screens in the area between existing grade and sixty (60) inches above existing grade.

(5) The front yard carport may have one enclosed side only if the enclosed side is a shared wall with a principal or accessory structure.

(6) The front yard carport shall be architecturally compatible with the primary dwelling unit, in accordance with Subsection c below.

(7) The front yard carport shall not interfere with Site Distance Line set forth in the Engineering Criteria.

(8) The front yard carport may exceed the eight (8) foot height limit set forth in Subsection 7.3.304A.2.a (Height Restrictions) but shall not exceed twelve (12) feet at the highest point.

(9) The front-yard carport shall comply with any applicable HP-O district or neighborhood design standards adopted by the City.

(10) One of the following applies:

(a) The side and rear yards are each inaccessible/unusable due to insufficient width or size or due to steep terrain; or

(b) The Manager determines that use of the side or rear yards for a carport would have a material negative effect on the use and enjoyment of the applicant's property or of adjoining properties.

c. Architectural Compatibility Standards: To be architecturally compatible with the primary dwelling unit, a front yard carport shall meet the following standards as determined by the Manager:

(1) Not be clad in unfinished wood or galvanized metal and shall match the color of the body or trim of the primary structure;

(2) Not be made of non-durable or flexible materials, including but not limited to, canvas, plastic, polyester, or other tentlike materials;

(3) Have a minimum of four (4) inch wide fascia along the roofline;

(4) Have a minimum of four (4) inch roof overhang on all sides; and

(5) Not have roof sheeting that continuously extends downward along the sides of the carport.

d. Anchoring: Front yard carports that are exempt from Building Permits shall be anchored according to the manufacturer's specifications. If the manufacturer provides no specifications for anchoring, the carport shall be anchored to concrete piers extending at least thirty (30) inches below existing grade.

D. Drive-through, Accessory:

1. In the MX-M zone district, to the maximum extent feasible, drive-through lanes shall not be located between the building façade and the primary street frontage of the lot.

2. Accessory drive-through windows shall be located a minimum of one hundred fifty (150) feet from any adjacent lot in a residential zone district or lot designated for residential use in a PDZ district that is developed or designated for a residential use.

3. No structures or equipment related to a drive-through facility (such as a speaker box, message board, or pick-up window) shall be located between the drive-through window and any adjacent residential zone district lot designated for residential use in a PDZ district that is developed or designated for a residential use.

E. Dwelling, Accessory: A single Accessory Dwelling Unit (ADU) is allowed on a lot that meets the dimensional requirements of Part 7.4.2 (Dimensional Standards) and complies with the following standards as shown on an approved site plan. The ADU may be detached or integrated, pursuant to Part 7.3.2 (Allowed Use Tables).

1. General Standards: The following standards apply to detached and integrated ADUs.

a. Owner-Occupancy:

(1) Requirement: In the R-E, R-1 9, and R-1 6 zone districts, except as otherwise provided in this Subsection 7.3.304E (Dwelling, Accessory), for an ADU to be occupied, the principal dwelling on the site or the ADU must be occupied by the owner of the lot.

(2) Declaration of Restriction: The following restrictions apply to an ADU constructed in the R-E, R-1 9, and R 1-6 zone districts.

(a) Before a Building Permit may be issued for an ADU, the owner shall record with the El Paso County Clerk and Recorder a declaration of restrictions in a form prescribed by the Manager.

(b) The declaration of restrictions shall require the property owner to reside on the property in accordance with the definition of "owner occupied" in order to lease one of the two (2) units.

(c) The declaration of restrictions shall lapse upon removal of the ADU. Upon request of the owner and confirmation by the City that the accessory dwelling unit has been removed, the Mayor shall execute a recordable release of the declaration of restrictions and provide the release to the owner. The owner shall be responsible for recording the release and paying all costs of recordation.

(3) Zoning Enforcement Limitation: No zoning enforcement action pursuant to Part 7.5.9 (General Enforcement) may be brought against a tenant by the City for a failure of the owner to meet the owner-occupancy requirement.

b. Waiver of Owner-Occupancy Requirement:

(1) The Manager may waive the owner-occupancy requirement for temporary absences of up to two (2) years, upon a determination that failure to waive the requirement would create an unreasonable hardship. The Manager may grant an additional one-(1) year extension to the original waiver upon the expiration of the original waiver.

(2) The Manager may determine failure to waive the occupancy requirement creates an unreasonable hardship if:

(a) Enforcement of the requirements would create a temporary economic hardship that could be resolvable within two (2) years;

(b) The property is listed and actively marketed for sale; or

(c) The occupancy requirement is unreasonable due to temporary relocation by the owner for employment (including temporary relocation for military service members) or medical treatment, death of the owner, divorce or legal separation of the owner and a non-owner spouse, or similar circumstances.

c. Restriction on Subdivision: In the R-E, R-1 9, R-1 6, MX-M, MX-L, and LI zone districts and ADU-O district, the ADU shall not be sold separately from the principal dwelling unit, nor shall the lot on which an ADU is situated be subdivided unless subdivision is permissible in accordance with all provisions of Part 7.4.3 (Subdivision Standards). The following restrictions apply:

(1) Before a Building Permit may be issued for an ADU, the owner shall record with the El Paso County Clerk and Recorder a declaration of restrictions in a form prescribed by the Manager.

(2) The declaration of restrictions shall prohibit the owner and the owner's heirs or assigns from selling the ADU separately from the principal dwelling unit. Such restriction shall be binding upon and run with the land.

(3) The declaration of restrictions shall lapse upon removal of the ADU. Upon request of the owner and confirmation by the City that the ADU has been removed, the Mayor shall execute a recordable release of the declaration of restrictions and provide the release to the owner. The owner shall be responsible for recording the release and paying all costs of recordation.

d. Off-Street Parking: One off-street parking space shall be provided in addition to the minimum parking required for the principal structure.

e. Access: All ADUs shall have a thirty-six (36) inch-wide clear access path from the front property line or from the property line where the principal dwelling unit gains its access. The clear access path may be gated. An ADU may share a clear access path with the principal dwelling unit.

f. Prohibited Units: A mobile home or recreational vehicle may not be used as an ADU.

g. Number of Units: No more than one (1) ADU shall be located on any lot.

h. Conflicts: If any provision of this Subsection 7.3.304E is found to be in conflict with any other provision of this UDC or Code, the provision that establishes the higher or more restrictive standard shall apply.

i. Covenants: The provisions of this Subsection 7.3.304E do not supersede private covenants regarding ADUs.

2. Standards for Detached ADUs: The following standards additionally apply to detached ADUs.

a. Maximum Floor Area: The habitable area of a detached ADU shall not exceed fifty (50) percent of the habitable area of the principal structure or one thousand, two hundred and fifty (1,250) square feet, whichever is less; except that where the habitable area of the principal structure is less than one thousand, five hundred (1,500) square feet, the maximum size of the accessory dwelling unit shall be seven hundred and fifty (750) square feet.

b. Maximum Height: The maximum height of a detached ADU, or other structure containing a detached ADU, is twenty-five (25) feet with a flat roof or roof pitch of less than 6:12 (measured to top of roof line), or twenty-eight (28) feet with a roof pitch of 6:12 or greater (measured to roof peak).

c. Setbacks:

(1) In the rear yard, the ADU shall be setback five (5) feet, or ten (10) feet if the dwelling unit is located above the garage and the overhead door faces an alley.

(2) The ADU shall comply with the front-yard and side-yard setbacks of the zone district.

d. Prefabricated Homes: Prefabricated homes such as manufactured homes are permitted for use as an ADU if placed on a permanent foundation and connected to metered utility services.

e. Conversion of Existing Detached Garages: The detached garage shall meet the minimum setbacks for an accessory dwelling unit as required in this Section.

f. Limitation in LI Zone District: In the LI zone district, a detached ADU may only be used for the occupancy of a caretaker, security guard, or other person charged with oversight or protection of the principal use on the site.

g. Limitation in the R-2 Zone District.

3. In the R-2 zone district, a detached ADU may only be permitted when developed with a single-family detached unit on a minimum five thousand (5,000) square foot lot. Standards for Integrated ADUs

The following standards additionally apply to integrated ADUs.

a. Limited to Single-Family Detached Dwellings:

(1) Except in the LI zone district, an integrated ADU is only allowed within a detached single-family dwelling and is not permitted in any other structure, including attached single-family dwellings, two-family dwellings, multi-family dwellings, or commercial buildings.

(2) In the MX-M and MX-L zone districts, an integrated ADU is only permitted within a single-family detached dwelling that existed as of the Effective Date.

b. Maximum Floor Area: The gross floor area of an integrated ADU shall not exceed fifty (50) percent of the gross floor area of the principal structure.

c. Maximum Height and Setbacks: The integrated ADU shall comply with the maximum height and setback requirements of the zone district.

d. Design Standards:

(1) In the R-E, R-1 9, and R-1 6 zone districts, an integrated ADU shall not involve design modifications to the exterior of the principal structure that indicate its presence from the front or corner side of the principal structure. Building additions shall be architecturally compatible with the primary dwelling unit. Architectural compatibility shall be determined by reviewing the design, colors, and materials ADU as compared to the primary structure.

(2) External stairs are not allowed to provide access to a second-story accessory dwelling unit unless access into the ADU is from a second-story deck.

e. Exterior Access: An integrated ADU may have a separate exterior access that faces the side or rear property line.

F. Electric Vehicle Charging: This use shall comply with the following standards:

1. The space must not interfere with vehicular, bicycle, or pedestrian circulation or with fire lanes and emergency access to the site and must not occupy or require vehicle occupancy of any area required for landscaping, buffering, or screening of the site.

2. When accessory to any residential development, this use is allowed only for the residents and their guests and shall not be offered to the public at large.

3. When accessory to any nonresidential or mixed-use development, this use must be located in a parking structure or parking lot that serves a principal use.

G. Family Suite, Accessory: An Accessory Family Suite is permitted as an accessory use to a principal single-family detached dwelling, subject to the following requirements:

1. General:

a. An Accessory Family Suite is permitted only within a legally established single-family detached dwelling and is not permitted in any other structure, including attached single-family dwellings, two-family dwellings, multi-family dwellings, or commercial buildings.

b. An Accessory Family Suite cannot be located on the same lot as an Accessory Dwelling Unit.

c. The total number of individuals collectively occupying both the principal dwelling unit and the Accessory Family Suite can be no more than one family. The owner shall complete and record an affidavit assuring the property owner's acknowledgment of the occupancy limitations as listed above. No zoning enforcement action pursuant to Section 7.5.904 (Enforcement) may be brought against a tenant by the City for a failure of the owner to meet the one family requirement.

2. Off-Street Parking: One (1) off-street parking space shall be provided in addition to the minimum parking required for the principal structure.

3. Exterior Access: An Accessory Family Suite may have a separate exterior access that faces the side or rear property line. An Accessory Family Suite with an exterior access shall have a thirty-six (36) inch wide clear access path from the front property line or from the property line where the principal dwelling unit gains its access. The clear access path may be gated and may be shared with the principal dwelling unit.

4. Internal Connectivity: An Accessory Family Suite shall maintain interior access to the principal dwelling unit through either a common doorway, hallway, or stairway. Interior accesses may be locked if an exterior access exists.

5. Maximum Floor Area: The gross floor area of an Accessory Family Suite shall not exceed fifty (50) percent of the gross floor area of the principal structure.

6. Maximum Height and Setbacks: The Accessory Family Suite shall comply with the maximum height and setback requirements of the zone district.

7. Design Standards: An Accessory Family Suite shall not involve design modifications to the exterior of the principal structure that indicate its presence from the front of the principal structure. Building additions shall be architecturally compatible with the primary dwelling unit. External stairs are not allowed to provide access to a second-story Accessory Family Suite unless access into the Accessory Family Suite is from a second-story deck.

8. Restriction on Subdivision: An Accessory Family Suite shall not be sold separately from the principal dwelling unit, nor shall the lot on which an Accessory Family Suite is situated be subdivided unless subdivision is permissible in accordance with all provisions of Part 7.4.3 (Subdivision Standards). The following restrictions apply:

a. Before a Building Permit may be issued for an Accessory Family Suite, the owner shall record with the El Paso County Clerk and Recorder a declaration of restrictions in a form prescribed by the Manager.

b. The declaration of restrictions shall prohibit the owner and the owner's heirs or assigns from selling the Accessory Family Suite separately from the principal dwelling unit. Such restriction shall be binding upon and run with the land.

c. The declaration of restrictions shall lapse upon removal of the Accessory Family Suite. Upon request of the owner and confirmation by the City that the Accessory Family Suite has been removed, the Mayor shall execute a recordable release of the declaration of restrictions and provide the release to the owner. The owner shall be responsible for recording the release and paying all costs of recordation.

9. PDZ Districts: Accessory Family Suites shall be permitted in PDZ districts unless expressly prohibited by the PDZ ordinance. Accessory Family Suites shall not be included as separate from the single-family detached dwelling when calculating the density of a PDZ district.

10. Covenants: The provisions of this Subsection 7.3.304G do not supersede private covenants regarding Accessory Family Suites.

H. Home Adult or Child Day Care, Accessory: In-home daycare may be provided as an accessory use in dwellings provided all activities comply with all applicable state licensing requirements.

I. Home Occupation, Accessory:

1. Purpose and Intent: The purpose and intent of this Subsection I is to allow owners or occupants of residential dwelling units to operate home occupations in a manner that is compatible with the residential purposes of their neighborhoods and ensure there are no adverse impacts on the residential character of the residential area.

2. Permit Required: A Home Occupation Permit pursuant to Section 7.5.504 (Home Occupation Permit) is required before operation of a home occupation may begin.

3. General Standards:

a. The home occupation shall be secondary to the residential use of the dwelling.

b. The total area used for a home occupation shall not exceed an area equivalent to fifty (50) percent of the total first-floor area of the user's dwelling, excluding porches.

c. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, congestion to traffic flow, parking problems, or any other nuisance or hazard that disturbs the peace and quiet of a residential area.

d. The residents of the dwelling unit shall be the only people engaged in the activity.

e. A maximum of one (1) non-illuminated sign no larger than two (2) square feet in area may be attached to the dwelling to identify the home occupation.

f. The home occupation shall be conducted only within an enclosed accessory structure, attached or detached garage, or dwelling, excluding porches, and only as indicated on the home occupation permit, except that plants may be grown anywhere on the premises.

g. No storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation or tangible personal property manufactured, or plants grown as a result of the home occupation and removed from the soil, shall be allowed on porches or outside of the enclosed location designated on the home occupation application.

h. Use of the required off-street parking for the principal use shall not be impaired by the home occupation.

i. The receipt or delivery of merchandise, goods, or supplies for use in a home occupation shall be limited to the United States Postal Service, similar parcel delivery service, or private vehicles with a maximum gross vehicle weight rating of ten thousand (10,000) pounds.

j. Interior alterations or additions to the dwelling to accommodate the home occupation are prohibited if they eliminate the kitchen, dining area, bathrooms, living room, or all of the bedrooms of the dwelling. Exterior alterations or additions to accommodate the home occupation are prohibited if they are commercial in appearance.

k. Sales on the premises shall be only by the residents of the dwelling, shall occur only in the location designated on the home occupation application, and shall be limited to tangible personal property manufactured in the location designated on the home occupation application or plants grown anywhere on the premises.

l. A home-based massage therapist must be licensed by the City Clerk's office, and all client visits shall be on an appointment basis with a minimum of fifteen (15) minutes between appointments in order to limit client vehicle traffic.

4. Standards for Cottage Foods Sales: For the sale of cottage foods as authorized by the Colorado Cottage Foods Act, C.R.S. § 25-4-1614, a home occupation permit is required and the standards of this Subsection I apply except where modified as follows:

a. A home occupation may only sell cottage foods or raw, uncut fresh produce that is grown on the premises.

b. Production of cottage foods may only occur in the location designated on the home occupation permit.

c. Display and sales of raw, uncut fresh produce and cottage foods may only occur from April through November between 8 a.m. and dusk in the location designated on the home occupation permit from a temporary stand.

d. A temporary stand may not exceed two hundred (200) square feet in area, and any stand structure and inventory shall be removed and stored indoors during any period when goods are not being sold from the stand.

e. The cottage food temporary stand may include a nonilluminated sign no larger than two (2) square feet in area at the point of sale.

f. The location of any temporary stand shall not pose a traffic sight visibility risk and it may not be located within any public right-of-way.

J. Marijuana, Home Cultivation, Accessory: This use shall comply with the following standards:

1. No more than twelve (12) marijuana plants or marijuana plants within a one hundred fifty (150) square foot aggregate area shall be used for the indoor growing for propagation or consumption per all single-family and two-family dwellings, regardless of the number of persons who reside in the unit.

2. No marijuana may be dispensed, except to registered patients in compliance with Article XVIII, Section 14 of the Colorado constitution.

3. All marijuana plants shall be grown in an enclosed and locked space that is limited in area to one hundred fifty (150) square feet for single-family and two-family dwellings.

4. The cultivation of marijuana is permitted only in:

a. Single-family and two-family zone districts, including R-E, R-1 9, R 1-6, and R-2;

b. Single-family and two-family PDZs; and

c. Single-family and two-family R-Flex Districts.

5. No marijuana plants may be cultivated outdoors.

6. No marijuana or medical marijuana products may be manufactured or sold.

7. No signs regarding medical marijuana may be displayed.

8. No more than one caregiver cultivating medical marijuana may reside in the dwelling unit.

9. The use or 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.

10. The person growing, cultivating, or processing marijuana within a residential or accessory structure owned by another person or entity shall be required to obtain the written consent of the property owner. The written consent of the property owner must be furnished to any requesting City official. If the person growing, cultivating, or processing marijuana or medical marijuana does not provide the City official with the written consent of the property owner, the Manager may inform the property owner of the marijuana or medical marijuana related activities occurring on the property.

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

K. Outdoor Display of Goods, Accessory: This use is allowed only after Development Plan review, and areas used for outdoor display of goods shall be clearly identified on an approved Development Plan and subject to the following standards:

1. The outdoor display may not be placed in required vehicular parking, maneuvering, or access areas, and its location must be in proximity to the main entrance of the primary structure.

2. The outdoor display area shall be delineated on required plans.

3. The outdoor display shall be screened from public rights-of-way and from adjacent land uses that are in a different land use category (as shown on Table 7.3.2-A: Base and NNA-O District Use Table) than the subject property (for example, a Retail Sales, Large use in the Retail Sales and Services use category shall be screened from an Entertainment or Recreation, Outdoor use in the Entertainment and Recreation use category.) Buffer screening is considered adequate regardless of topographic conditions if it includes a screening wall or an opaque fence that is at least seven (7) feet in height, and materials and merchandise may not be stacked or stored higher than the wall or fence. Buffer screening is not required for the display of vehicles for sale or rental if permitted by an approved Development Plan.

4. The display of merchandise adjacent to the entrance of the principal building is allowed if:

a. It is adjacent to the main structure;

b. It provides a minimum of five (5) feet of unimpaired sidewalk or pedestrian way width; and

c. It does not block fire access or impede the traffic flow in front of the building.

5. In the OR and MX-N zone districts, outdoor storage of materials and display of merchandise related to nonresidential uses is prohibited.

L. Outdoor Seating or Dining, Accessory:

1. A clear pedestrian access route within the public right-of-way at least five (5) feet in width shall be maintained to allow pedestrians unobstructed passage around the Outdoor Seating or Dining area.

2. A Revocable Permit is required for an Outdoor Seating or Dining area to be placed within public right-of-way.

M. Outdoor Storage, Accessory: Outdoor storage shall be allowed only following Development Plan review, and areas used for permanent storage shall be clearly identified on an approved Development Plan and subject to the following standards:

1. All outdoor storage shall be fully screened from adjacent properties and rights-of-way. Buffer screening is considered adequate regardless of topographic conditions if it includes a screening wall or an opaque fence that is at least seven (7) feet in height, and materials and merchandise may not be stacked or stored higher than the wall or fence. Buffer screening is not required for the storage of vehicles for sale or rental if permitted by an approved Development Plan.

2. The maximum height of stacked materials, stacking height maximums, the proximity of stacked materials to lot lines, and requirements specific to wood products and tires shall comply with any additional requirements of the Fire Code Official.

3. In the OR and MX-N zone districts, outdoor storage of materials and display of merchandise related to nonresidential uses is prohibited.

4. Shipping containers used for storage shall not be stacked.

N. Playhouse, Accessory: A child's playhouse that exceeds six (6) feet in height must meet all of the development standards for the zone district.

O. Solar Collector, Accessory:

1. A solar collector may be located on the roof of a principal or accessory structure, provided that if the solar collector is not flush with the roof, the applicant shall minimize the visibility of the collector from a public street, park, or green space in a manner that does not reduce the efficiency or effectiveness of the collector, to the maximum extent feasible.

2. In residential zone districts (except the A zone district), ground-based solar collectors are only permitted in side and rear yards without street frontage unless the only location on the lot where the solar collectors can function efficiently is in a front yard or a street-facing side yard.

P. Transit Shelter, Accessory:

1. Transit shelters within the public right-of-way are regulated by the City's public works standards, regulations, and procedures.

2. Transit shelters on private property that contain benches, shelters, or kiosks that have been place for the convenience of patrons or transit riders are exempt from requirements of this UDC related to placement and location, but must comply with the requirements of Part 7.4.13 (Signs) regarding permitted signs.

Q. Wind Energy System, Accessory:

1. In all residential zone districts (except the A zone district) and all mixed-use zone districts (except the MX-I zone district) ground mounted wind energy systems are permitted only in rear and side yards.

2. In the R-E, R-1 9, R -1 6, R-2, R-4, R-5, R-Flex Low, R-Flex Medium, and R-Flex High, OR, MX-N, and MX-T zone districts, roof-mounted wind energy systems are subject to the maximum height limit for primary buildings in those districts.

3. In the LI, GI, PK, and PF zone districts, roof-mounted wind energy systems are not subject to the maximum height limit for primary buildings in that district.

4. In all other zone districts, roof mounted wind energy systems may extend up to ten (10) feet above the maximum height limit for primary buildings in those districts.

5. If proposed on land within the AP-O district or within two (2) miles of the United States Air Force Academy (USAFA) or Peterson Space Force Base and respective flight training areas, additional reviews to protect air traffic safety may be required. (Ord. 23-03)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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