Fort Collins Land Use Code > Article 5Search Land Use Code (Frames)


ARTICLE 5
TERMS AND DEFINITIONS

TABLE OF CONTENTS

DIVISION 5.1 DEFINITIONS

5.1.1 GENERAL

5.1.2 DEFINITIONS


DIVISION 5.1 DEFINITIONSGo to the top

Sections:

5.1.1 General

5.1.2 Definitions

5.1.1 General.Go to the top

For words, terms and phrases used in this Land Use Code that are not defined in Section 5.1.2, below, or elsewhere in this Land Use Code, the Director shall have the authority and power to interpret or define such words, terms and phrases. In making such interpretations or definitions, the Director may consult secondary sources related to the planning and legal professions, such as Black's Law Dictionary (West Publishing Company, St. Paul, Minn., most current edition), A Survey of Zoning Definitions - Planning Advisory Service Report Number 421, edited by Tracy Burrows (American Planning Association, Chicago, Ill. 1989) and The New Illustrated Book of Development Definitions, by Harvey S. Moskowitz and Carl G. Lindbloom (Center for Urban Policy Research, Rutgers University. N.J. 1997, or most current edition), for technical words, terms and phrases, or Webster's Third New International Dictionary (Unabridged) (Merriam-Webster, Inc., Springfield. Mass. 1986), as supplemented, for other words, terms and phrases.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 087, 2002 §62, 6/4/02)

5.1.2 Definitions.Go to the top

The following words, terms and phrases, when used in this Land Use Code, shall have the meanings ascribed to them in this Section:

Abut or abutting shall mean touching. An abutting condition shall not be affected by the parcelization or division of land that results in an incidental, nonbuildable, remnant lot, tract or parcel.

Accessory building shall mean a building detached from a principal building and customarily used with, and clearly incidental and subordinate to, the principal building or use, and ordinarily located on the same lot with such principal building.

Accessory structure shall mean a structure detached from a principal building and customarily used with, and clearly incidental and subordinate to, the principal building or use, and ordinarily located on the same lot with such principal building.

Accessory use shall mean a use of land or of a building or portion thereof customarily used with, and clearly incidental and subordinate to, the principal use of the land or building and ordinarily located on the same lot with such principal use.

Adequate public facilities ("APF") shall mean the public facilities and services necessary to maintain the adopted level of service standards.

Adequate public facilities management system ("APF management system") shall mean the procedures and/or process that the city utilizes to assure that development approvals and permits, including but not limited to building permits and site-specific development plans, are not issued unless the necessary facilities and services are available concurrently with the impacts of development.

Adjacent shall mean nearby, but not necessarily touching. The determination of "nearby" shall be made on a case-by-case basis, taking into consideration the context in which the term is used and the variables (such as but not limited to size, mass, scale, bulk, visibility, nature of use, intensity of use) that may be relevant to deciding what is "nearby" in that particular context. Adjacency shall not be affected by the existence of a platted street or alley, a public or private right-of-way, or a public or private transportation right-of-way or area.

Administrative review shall mean review by the Director in accordance with the provisions of Article 2. Also known as Type 1 review.

Adult day/respite care center shall mean a nonresidential facility providing for the care, supervision, protection and social activities of persons over sixteen (16) years of age during normal daytime working hours and allowing overnight stay on a short-term basis as a subordinate function.

Adult material shall mean any material including, but not limited to, books, magazines, newspapers, movie films, slides or other photographic or written materials, video tapes, video disks, computer software and/or other items or devices which are distinguished or characterized by their emphasis on depicting, describing or relating to "specified anatomical areas" or "specified sexual activities."

Adult-oriented use shall mean a use of property where the principal use, or a significant or substantial adjunct to another use of the property, is the sale, rental or display of adult material, or is an offering of live entertainment, dancing or material which is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to "specified sexual activities" or "specified anatomical areas" as the primary attraction to the premises, including, but not limited to:

(1) Adult bookstore, adult novelty store or adult retail store: any establishment that has adult material as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues from such material, or devotes a significant or substantial portion of its interior business or interior advertising to such material, or maintains a substantial or significant portion of its gross floor area or display space for the sale or rental, for any form of consideration, of such material including, but not limited to, books, magazines, newspapers, movie films, slides or other photographic or written material, video tapes, video disks, computer software and/or other items or devices. For the purpose of this subparagraph (1), "significant or substantial" shall mean more than twenty (20) percent.

(2) Adult cabaret, restaurant or place of business: a cabaret, restaurant or place of business which features waitresses, waiters, dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers attired in such manner as to display "specified anatomical areas."

(3) Adult hotel or motel: any hotel or motel in which the presentation of adult material is the primary or principal attraction.

(4) Adult mini-motion picture theater: any theater or establishment with a capacity of less than fifty (50) persons in which the presentation of adult material is the primary or principal attraction.

(5) Adult motion picture theater: any theater or establishment with a capacity of fifty (50) or more persons in which the presentation of adult material is the primary or principal attraction.

(6) Adult photo studio: any establishment which, upon payment of a fee, provides photographic equipment and/or models for the purpose of photographing, sketching, drawing, painting or sculpturing "specified anatomical areas," but shall not include a private school licensed by the State of Colorado or a college, junior college or university supported entirely or in part by public funds or a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or in part by public funds.

(7) Other adult amusement or entertainment: any other amusement, entertainment or business which is distinguished or characterized by an emphasis on acts or adult material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

Affordable housing project shall mean a development project in which: (1) at least seventy-five (75) percent of the gross acreage to be developed under the plan is to be developed as residential dwelling units or mobile home park spaces; (2) at least ten (10) percent of said dwelling units or spaces (the "affordable housing units") are to be available for rent or purchase on the terms described in the definitions of affordable housing unit for rent or affordable housing unit for sale (as applicable); (3) the construction of the dwelling units or spaces is to occur as part of the initial phase of the project and (i) prior to the construction of the market rate units or (ii) on a proportional basis, according to the same ratio as the number of affordable units bears to the number of the market rate units; and (4) the units will be required by binding legal instrument acceptable to the city and duly recorded with the Larimer County Clerk and Recorder, to be occupied by and affordable to low-income households for at least twenty (20) years.

Affordable housing unit for rent shall mean a dwelling unit which is available for rent on terms that would be affordable to households earning eighty (80) percent or less of the median income of city residents, as adjusted for family size, and paying less than thirty (30) percent of their gross income for housing, including rent and utilities. The unit must be occupied by and affordable to such low-income household(s) for a period of not less than twenty (20) years.

Affordable housing unit for sale shall mean a dwelling unit which is available for purchase on terms that would be affordable to households earning eighty (80) percent or less of the median income of city residents, as adjusted for family size, and paying less than thirty-eight (38) percent of their gross income for housing, including principal, interest, taxes, insurance, utilities and homeowners' association fees. The unit must be occupied by and affordable to such low-income household(s) for a period of not less than twenty (20) years.

Agricultural activity shall mean farming, including plowing, tillage, cropping, installation of best management practices, seeding, cultivating or harvesting for the production of food and fiber products (except commercial logging and timber harvesting operations); the grazing or raising of livestock (except in feedlots); aquaculture; sod production; orchards; Christmas tree plantations; nurseries; and the cultivation of products as part of a recognized commercial enterprise.

Air contaminant shall mean any fume, smoke, particulate matter, vapor, gas or any combination but not including water vapor or steam condensation.

Air contamination source shall mean any source whatsoever at, from or by reason of which there is emitted or discharged into the atmosphere any air contaminant.

Alley shall mean a minor way used primarily for vehicular service access to the back of properties abutting on a street.

Animal boarding shall mean the operation of an establishment in which domesticated animals other than household pets are housed, groomed, bred, boarded, trained or sold. This term shall not include the operation of a kennel.

Area of lot shall mean the total horizontal (plan view) area within the lot lines of a lot.

Arterial street shall mean a street which is anticipated to carry in excess of three thousand five hundred (3,500) vehicles per day in traffic volume, at desirable speeds ranging from thirty (30) to forty-five (45) miles per hour, and which is defined specifically as such on the Master Street Plan of the city and is used for travel between areas within and outside the city.

Artisan and photography studio and gallery shall mean the workshop or studio of an artist, craftsperson, sculptor or photographer, which workshop is primarily used for on-site production of unique custom goods through the use of hand tools or small-scale equipment, and only incidentally used, on an infrequent basis if at all, as an accessory gallery or for incidental sales.

Auto-oriented development shall mean development which is designed primarily to attract or accommodate customers, workers or residents who travel to the site by automobile, rather than pedestrians.

Auto-related and roadside commercial shall mean those retail and wholesale commercial activities which are typically found along highways and arterial streets. Uses include freestanding department stores; auction rooms; automobile service stations; repair facilities, car washes; boat, car, trailer, motorcycle showrooms, sales and repair; fuel and ice sales; greenhouses and nurseries; warehouses and storage; repair or rental of any article; exterminating shops; drive-in restaurants; adult-oriented uses; and other uses which are of the same general character. This definition applies only for the purpose of clarifying the classification and measurement system as found in the Sign Regulations of this Code, and shall not be deemed to permit such uses under this Code.

Auto-related uses shall mean establishments primarily engaged in the sale, rental, service, repair, storage or salvage of automobiles and trucks.

Bar shall mean an establishment providing or dispensing fermented malt beverages, and/or malt, special malt, vinous or spirituous liquors and in which the sale of food products such as sandwiches or light snacks is secondary (also known as a tavern).

Basic development review shall mean a review without a public hearing by City of Fort Collins staff for the purpose of determining compliance with the applicable standards of Article 3 and Article 4 of this Code for any use that is not subject to a Type 1 or Type 2 review.

Bay (building bay) shall mean a wall plane projection or recess that forms an articulated wall surface on a building elevation, and that can be formed by pilasters, columns or other vertical elements such as a group of windows. Building bay does not mean a service bay for autos or trucks and does not mean a bay window.

Bed and breakfast shall mean an establishment operated in a private residence or portion thereof, which provides temporary accommodations to overnight guests for a fee and which is occupied by the operator of such establishment.

Bicycle parking, enclosed shall mean bicycle storage in lockers, a room or other space within a parking structure or other building, including, without limitation, a shed or carport. All types of enclosed bicycle storage must be easily accessible to entrances and walkways, secure, lighted and protected from the weather. Each storage space shall provide a minimum of six (6) square feet in area. The storage space shall not impede fire exits or be located so that parked bicycles interfere with public access.

Bicycle parking, fixed shall mean bicycle parking that allows the bicycle frame and both wheels to be securely locked to the parking structure. The structure shall be of permanent construction such as heavy gauge tubular steel with angle bars permanently attached to the pavement foundation. Fixed bicycle parking facilities shall be at least two (2) feet in width and five and one-half (5½) feet in length, with additional back-out or maneuvering space of at least five (5) feet.

Blank wall shall mean an exterior building wall with no openings and a single material and uniform texture on a single plane.

Block shall mean a unit of land bounded by streets or by a combination of streets and public lands, railroad rights-of-way, waterways or any barrier to the continuity of development, but shall not include in the calculation of the block size measurement the barriers creating the boundary.

Block face shall mean the portion of a block that abuts a street.

Buffer yards shall mean land area devoted to providing separation between two (2) land uses of different intensity for the purpose of providing a transition in order to promote neighborhood compatibility. Such area may consist of passive open space, landscaping, fences, walls, earthen berms, topographic elevation changes or any combination thereof used to physically separate or screen one (1) use or property from another so as to visually shield or block or mitigate noise, lights or other aspects of the urban environment.

Building shall mean any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is governed by the following characteristics:

(1) is permanently affixed to the land;

(2) has one (1) or more floors and a roof; and

(3) is bounded by either open space or the lot lines of a lot.

Building frontage shall mean that side of a building which faces and is parallel to or most nearly parallel to a public or private street. The length of the frontage is determined by measuring along the outside walls of the building and including eaves which are at least eight (8) feet above grade and are an integral part of the roof or building wall. There can be only one (1) building frontage for each street upon which a building faces.

Building mass shall mean the three-dimensional bulk of a building: height, width and depth.

Building permit valuation shall mean the dollar amount used for the valuation of Building Permit fees as calculated by the city's Building and Zoning Director for the issuance of a Building Permit.

Building and Zoning Director shall mean the duly appointed director of the Division of Building and Zoning.

Build-to line shall mean an imaginary line on which the front of a building or structure must be located or built and which is measured as a distance from a public right-of-way.

Caliper shall mean the American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six (6) inches above the ground for trees up to and including four-inch caliper size, and as measured at twelve (12) inches above the ground for larger sizes.

Candela per square meter (nits) shall mean a unit of measurement referring to the illumination of exposed L.E.D. (light emitting diode) lighting and also referred to as nits.

Carriage house shall mean a single-family detached dwelling, typically without street frontage, that is located behind a separate, principal dwelling on the same lot, which fronts on the street.

Certified xeriscape landscaping shall mean a plant (or grouping of plants) that does not require any supplemental irrigation for survival, as determined by the City Forester, and that is used to meet the standards of Section 3.2.1, Landscaping and Tree Protection.

Change of use shall mean the act of changing the occupancy of a building or land from a use that is specifically listed as a "Permitted Use" in Article 4 to a different use that is specifically listed as a "Permitted Use" in Article 4. A change of use occurs whenever:

(1) the occupancy of a single-tenant building or of a parcel of land changes from the most recent previously existing use to a different use;

(2) the occupancy of a tenant space in a multi-tenant building changes to a use that is not currently existing in another tenant space of the building or that did not previously exist in any tenant space of the building within the last twelve (12) months; or

(3) the most recent previously existing use of a building or land has been abandoned, by cessation of active and continuous operations during a period of twelve (12) consecutive months, and either the same type of use is proposed to be reestablished or a different use that did not exist on the property is proposed to be established.

Character shall mean those attributes, qualities and features that make up and distinguish a development project and give such project a sense of purpose, function, definition and uniqueness.

Child care center shall mean a facility, by whatever name known, which is maintained for the whole or part of a day for the care of seven (7) or more children under the age of sixteen (16) years who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated educational purposes, except that a child care center shall not include any of the following three (3) types of family care homes as defined by the State of Colorado: family child care home, infant/toddler home or experienced family child care provider home. The term includes, but is not limited to, facilities commonly known as day care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, large child care homes as defined by the State of Colorado, centers for developmentally disabled children and those facilities which give twenty-four-hour-per-day care for dependent and neglected children. Child care centers are also those facilities for children under the age of six (6) years with stated educational purposes which are operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six (6) grades.

City block scale shall mean the relationship between the proportions of elements of urban land development and the proportions of traditional city blocks in Fort Collins, which blocks, for the purposes of this definition, shall be considered to be approximately four hundred (400) feet on each side.

Clubs and lodges shall mean organizations of persons for special purposes or for the promulgation of sports, arts, literature, politics or other common goals, interests or activities, characterized by membership qualifications, dues or regular meetings, excluding clubs operated for profit and/or places of worship or assembly.

Cohesive shall mean having a natural or logical agreement of parts; connected; as in a cohesive neighborhood. If used in this Land Use Code, coherent shall mean cohesive.

Collector street shall mean a street which is anticipated to carry from two thousand five hundred (2,500) to five thousand (5,000) vehicles per day in traffic volume at desirable speeds ranging from twenty-five (25) to thirty-five (35) miles per hour and which serves a collecting function by distributing traffic between local streets and arterial streets, thereby providing access to adjacent properties and linking neighborhoods with arterial streets.

Collector street system shall mean a system of one (1) or more collector street(s) that allows traffic to be distributed to at least two (2) arterial streets.

Color shade shall mean the degree of lightness or brightness, as opposed to darkness or neutrality, of a color as determined by the proportion of black, white or gray.

Commercial development shall mean any land development activity except development activity intended solely for residential, industrial and/or light industrial use.

Community facility shall mean a publicly owned or publicly leased facility or office building which is primarily intended to serve the recreational, educational, cultural, administrative or entertainment needs of the community as a whole.

Community park shall mean a city-owned park of not less than thirty (30) acres which serves the recreational and open space needs of the community as a whole.

Community shopping center shall mean a shopping and service center located in a complex which is planned and developed as a unit, and which is intended to serve consumer demands from residents and employees who live and work in surrounding neighborhoods as well as the community as a whole. A community shopping center provides, in addition to the convenience goods of a neighborhood service center, a wider range of facilities for the sale of goods, such as, but not limited to, food, books, apparel and furniture. A community shopping center may include multi-family residential, as well as nonretail employment generating uses (such as professional offices) within the retail component of the center.

Compatibility shall mean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development.

Composting facility shall mean any site where decomposition processes are used on solid waste (including leaves, grass, manures and nonmeat food production wastes received from residential, commercial, industrial nonhazardous and community sources, but not including bio-solids) to produce compost; provided, however, that the term composting facility shall not include composting as an accessory use.

Connecting walkway shall mean (1) any street sidewalk, or (2) any walkway that directly connects a main entrance of a building to the street sidewalk without requiring pedestrians to walk across parking lots or driveways, around buildings or around parking lot outlines which are not aligned to a logical route.

Connector street shall mean a local street for residential areas which is anticipated to carry from one thousand (1,000) to two thousand five hundred (2,500) vehicles per day in traffic volume at desirable speeds of up to twenty-five (25) miles per hour and which connects with collector and arterial streets and adjoining neighborhoods.

Convenience retail store (also known as convenience store) shall mean a retail store containing less than five thousand (5,000) square feet of gross floor area which sells everyday goods and services which may include, without limitation, ready-to-eat food products, groceries, over-the-counter drugs and sundries.

Convenience shopping center shall mean a shopping and service center situated on seven (7) or fewer acres with four (4) or more business establishments with separate exterior entrances, located in a complex which is planned, developed and managed as a single unit, and located within and intended to primarily serve the consumer demands of adjacent employment areas. The principal uses permitted include retail stores; business services; convenience retail stores with fuel sales (possibly including an accessory one-bay automatic carwash); personal business and service shops; standard or fast food restaurants (without drive-up windows); vehicle minor repair, servicing and maintenance uses; liquor sales (for on- or off-premise consumption); beauty or barber shops; dry-cleaning outlets; equipment rental (not including outdoor storage); limited indoor recreational uses; pet shops; and uses of similar character. Secondary uses may include professional offices; limited banking services such as branch banks (with limited drive-up facilities) and automated teller machines; multi-family dwellings; medical offices and clinics; small animal veterinary clinics; child care centers; and elderly day care facilities.

Convenience stores with fuel sales (also known as convenience store with fuel sales) shall mean a convenience retail store which also sells gasoline or other fuel products.

Convention and conference center shall mean a facility used for business or professional conferences and seminars, often with accommodations for sleeping, eating and recreation.

Day shelter shall mean a facility that provides temporary daytime shelter and/or food and which may also provide personal care, social or counseling services to indigent, homeless or transient persons, provided that such a facility contains a private, outdoor nonpublic space.

Density shall mean the overall average number of dwelling units located on the gross or net residential acreage (as applicable) contained within the development and calculated on a per-acre basis.

Development shall mean the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or, except as is authorized in Section 1.4.7, the dividing of land into two (2) or more parcels.

(1) Development shall also include:

(a) any construction, placement, reconstruction, alteration of the size, or material change in the external appearance of a structure on land;

(b) any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development;

(c) any change in use of land or a structure;

(d) any alteration of a shore or bank of a river, stream, lake, pond, reservoir or wetland;

(e) the commencement of drilling (except to obtain soil samples), mining, stockpiling of fill materials, filling or excavation on a parcel of land;

(f) the demolition of a structure;

(g) the clearing of land as an adjunct of construction;

(h) the deposit of refuse, solid or liquid waste, or fill on a parcel of land.

(i) the installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property.

(j) the construction of a roadway through or adjoining an area that qualifies for protection by the establishment of limits of development.

(2) Development shall not include:

(a) work by the City, or by the Downtown Development Authority (if within the jurisdictional boundary of the Downtown Development Authority and if such work has been agreed upon in writing by the City and the Authority), or work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way, or on land adjacent to the right-of-way if such work is incidental to a project within the right-of-way;

(b) work by the City or any public utility for the purpose of restoring or stabilizing the ecology of a site, or for the purpose of inspecting, repairing, renewing or constructing, on public easements or rights-of-way, any mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like; provided, however, that this exemption shall not include work by the City or a public utility in constructing or enlarging mass transit or railroad depots or terminals or any similar traffic-generating activity;

(c) the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure;

(d) the use of any land for the purpose of growing plants, crops, trees and other agricultural or forestry products; for raising or feeding livestock (other than in feedlots); for other agricultural uses or purposes; or for the delivery of water by ditch or canal to agricultural uses or purposes, provided none of the above creates a nuisance, and except that an urban agriculture license is required in accordance with Section 3.8.31 of this Code;

(e) a change in the ownership or form of ownership of any parcel or structure;

(f) the creation or termination of rights of access, easements, covenants concerning development of land, or other rights in land.

(3) When appropriate in context, development shall also mean the act of developing or the result of development.

Development application shall mean any application or request submitted in the form required by the Land Use Code and shall include only applications for an overall development plan, a project development plan, a final plan, a Building Permit, a modification of standards, amendments to the text of this Land Use Code or the Zoning Map, a hardship variance or an appeal from administrative decisions prescribed in Article 2.

Development application for permitted use shall mean a development application submitted in the form required by this Land Use Code to the City for an overall development plan, a project development plan, a final plan or a Building Permit, including only uses described as permitted uses in the applicable zone district.

Development plan shall mean an application submitted to the City for approval of a permitted use which depicts the details of a proposed development. Development plan includes an overall development plan, a project development plan and/or a final plan.

Development project shall mean a project that has been reviewed under the applicable city review process and has been approved and is ready for development construction to begin. For the purposes of the Development Construction Permit and its related requirements, bonds, warranties and fees, if such a project has defined phases, then each phase shall be considered a development project independent from the other phases.

Developmentally disabled shall mean a person five (5) years of age or older with a severe, chronic disability which:

(1) is attributable to a mental or physical impairment or combination of mental and physical impairments;

(2) is manifested before the person attains age twenty-two (22);

(3) results in substantial functional limitations in three (3) or more of the following areas of major life activity:

(a) self-care;

(b) receptive and expressive language;

(c) learning;

(d) mobility;

(e) self-direction;

(f) capacity for independent living; and

(g) economic self-sufficiency; and

(D) reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services and supports which are of lifelong or extended duration and are individually planned and coordinated; except that such term, when applied to infants and young children, shall mean individuals from birth to age five (5) years, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services or supports are not provided.

Diameter-at-breast-height (DBH) shall mean tree trunk diameter as measured in inches at a height of four and one-half (4.5) feet above the ground or, in the case of a tree that is divided into multiple trunks below four and one-half (4.5) feet, as measured at the most narrow point beneath the point of division.

Director shall mean the Director of the Planning, Development and Transportation Service Unit.

Disabled person shall mean any person who has a physical or mental impairment that substantially limits one (1) or more major life activities, has a record of such impairment or is regarded as having such impairment. A physical or mental impairment shall mean hearing, mobility and visual impairment, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation that substantially limit one (1) or more major life activities. Major life activities shall mean walking, talking, hearing, seeing, breathing, learning, performing manual tasks and/or caring for oneself.

Dog day care facility shall mean a facility providing such services as canine day care for all or part of a day, obedience classes, training, grooming and/or behavioral counseling, provided that overnight boarding is not permitted.

Dormitory shall mean a building used as group living quarters for students or religious adherents as an accessory use for a bona fide college, university, boarding school, seminary, convent, monastery or other similar institutional use.

Drip line shall mean a vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.

Drive aisles shall mean the lanes in a parking lot devoted to the passage of vehicles, as opposed to the parking stalls. The term drive aisle does not include lanes used only or primarily for drive-in customer service.

Drive-in use shall mean an establishment which by design, physical facilities, service or packaging procedures encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles.

Dwelling shall mean a building used exclusively for residential occupancy and for permitted accessory uses, including single-family dwellings, two-family dwellings and multi-family dwellings, and which contains: (a) a minimum of eight hundred (800) square feet of floor area, or (b) in the case of a dwelling to be constructed on the rear portion of a lot in the L-M-N, M-M-N, N-C-L, N-C-M, N-C-B, C-C-N, C-C-R, H-C or E zone districts, a minimum of four hundred (400) square feet of floor area, so long as a dwelling already exists on the front portion of such lot. The term dwelling shall not include hotels, motels, tents or other structures designed or used primarily for temporary occupancy. Any dwelling shall be deemed to be a principal building.

Dwelling, mixed-use shall mean a dwelling that is located in the same building as a nonresidential use (but not including an accessory use).

Dwelling, multi-family shall mean a dwelling containing three (3) or more dwelling units, not including hotels, motels, fraternity houses and sorority houses and similar group accommodations.

Dwelling, single-family shall mean a dwelling containing no more than one (1) dwelling unit.

Dwelling, single-family attached shall mean a single-family dwelling attached to one (1) or more dwellings or buildings, with each dwelling located on its own separate lot.

Dwelling, single-family detached shall mean a single-family dwelling which is not attached to any other dwelling or building by any means, including mobile homes and manufactured housing situated on a permanent foundation.

Dwelling, two-family shall mean a dwelling containing two (2) dwelling units.

Dwelling unit shall mean one (1) or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi-family dwelling or mixed-use building.

Elderly shall mean a person sixty (60) years of age or older.

Electronic message center shall mean the portion of an on-premise ground or wall sign that is capable of displaying words or images that can be electronically changed by remote or automatic means.

Employees shall mean the total number of persons reasonably anticipated to be employed in a building or on land during normal periods of use.

Enclosed mini-storage shall mean a building containing separate, individual, private storage spaces, which may be of various sizes, and which are rented pursuant to individual leases for varying periods of time.

Entertainment facilities and theaters shall mean a building or part of a building devoted to showing motion pictures or dramatic, musical or live performances.

Exhibit hall shall mean a privately owned building or part of a building devoted to the routine display for public viewing (but not sale) of works of art or other similar articles or collectibles of enduring interest or value, and where such display is intended, in part, to serve the educational and cultural needs of the community as a whole.

Existing limited permitted use shall mean any use that was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997, which is not specifically listed as a permitted use under the zone district regulations of the zone district of this Code in which the parcel of property is located, and which physically existed upon such parcel on March 27, 1997. Such use is permitted in the various zone districts established in Division 4 under the limitation that such use shall constitute a permitted use only on such parcels of property.

Extent reasonably feasible shall mean that, under the circumstances, reasonable efforts have been undertaken to comply with the regulation, that the costs of compliance clearly outweigh the potential benefits to the public or would unreasonably burden the proposed project, and reasonable steps have been undertaken to minimize any potential harm or adverse impacts resulting from noncompliance with the regulation.

Extra occupancy rental house shall mean a building or portion of which is used to accommodate, for compensation, four (4) or more tenants, boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensation shall include compensation in money, services or other things of value.

Family shall mean any individual living alone or any number of persons who are all related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, and who live together as a single housekeeping unit and share common living, sleeping, cooking and eating facilities.

Family-care home shall mean a facility for child care in a place of residence of a family or person for the purpose of providing family care and training for a child under the age of sixteen (16) years who is not related to the occupants of such home, or a facility in a place of residence of a family or person for the purposes of providing elderly day care. The three (3) categories of family-care homes are defined as follows:

(1) Day care home shall mean a facility licensed by the State of Colorado that provides on a regular basis in a place of residence, less than twenty-four-hour care for two (2) or more children from different family households who are not related to the caregiver. Such a facility may be any of the following three (3) types of family care homes as defined by the State of Colorado: family child care home, infant/toddler home or experienced family child care provider home.

(2) Family foster home shall mean a facility providing care and training for a child or children not related to the caretaker for regular twenty-four-hour care, provided that such child or children are received from any state-operated institution for child care or from any child placement agency as defined in Section 26-6-102(2), C.R.S.

(3) Elderly day care home shall mean a home in a place of residence of a family or person for the daytime care, protection and supervision of persons of at least sixty (60) years of age, who are not related to the caretakers, for more than two (2) full days per week.

Farm animals shall mean animals commonly raised or kept in an agricultural, rather than an urban, environment, including, but not limited to, chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules; provided, however, that farm animals shall not include chicken hens, ducks or pygmy or dwarf goats kept pursuant to Section 4-121 of the City Code.

Feedlot shall mean any tract of land or structure, pen or corral, wherein cattle, horses, sheep, goats, emus, ostriches or swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market.

Floor area shall mean the gross floor area of a building as measured along the outside walls of the building and including each floor level, but not including open balconies, the first seven hundred twenty (720) square feet of garages or other enclosed automobile parking areas, basements and one-half (½) of all storage and display areas for hard goods.

Floor Area Ratio (FAR) shall mean the amount of gross floor area of all principal buildings on a lot or block, as the case may be, divided by the total area of such lot, or the block size, respectively, on which such buildings are located. For mixed-use blocks, the residential square footage shall be added to the commercial development for a total block FAR.

Food catering or small food product preparation shall mean an establishment in which the principal use is the preparation of food and/or meals on the premises, and where such food and/or meals are delivered to another location for consumption or distribution, and where such use occupies not more than five thousand (5,000) square feet in gross floor area.

Food membership distribution site shall mean a site where a producer of agricultural products delivers them for pick-up by customers who have pre-purchased an interest in the agricultural products.

Foot-candle shall mean a unit of measurement referring to illumination incident to a single point. One (1) foot-candle is equal to one (1) lumen uniformly distributed over an area of one (1) square foot.

Fraternity and sorority houses shall mean residences housing students in organizations established primarily to promote friendship and welfare among the members (i.e., Greek-letter social fraternities and similar organizations), and which residences are affiliated with Colorado State University.

Fugitive dust shall mean solid airborne particulate matter emitted from any source other than an opening which channels the flow of air contaminants and then exhausts the contaminants directly into the atmosphere. Fugitive dust also includes solid particles released into the atmosphere by natural forces or by mechanical processes, such as crushing, grinding, milling, drilling, demolishing, pulverizing, shoveling, conveying, covering, bagging or sweeping.

Fully shielded shall mean shielded or constructed so that no light rays are emitted by the installed outdoor light fixtures at angles above the horizontal plane, as certified by a photometric test report.

Funeral home shall mean a building used for the preparation of the deceased for burial or cremation, for the display of the deceased and/or for ceremonies or services related thereto, including cremation and the storage of caskets, funeral urns, funeral vehicles and other funeral supplies.

Gasoline station shall mean any building, land area, premises or portion thereof, where gasoline or other petroleum products or fuels are sold and light maintenance activities such as engine tune-ups, lubrication, minor repairs and carburetor cleaning may be conducted. Gasoline station shall not include premises where heavy automobile maintenance activities such as engine overhaul, automobile painting and body fender work are conducted.

Geologic hazards shall mean unstable or potentially unstable slopes, faulting, landslides, rockfalls, flood, wildfire or similar naturally occurring dangerous features or soil conditions or natural features unfavorable to development.

Grade shall mean the elevation of the edge of the paved surface of the street at the closest point to the sign for the purpose of measuring the height of signs.

Grocery store shall mean a retail establishment which primarily sells food, but also may sell other convenience and household goods, and which occupies a space of at least five thousand (5,000) square feet but not more than forty-five thousand (45,000) square feet.

Gross leasable area shall mean the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from centerlines of joint partitions and exteriors of outside walls.

Group home shall mean either of the following:

(1) Residential group home shall mean a residence operated as a single dwelling, licensed by or operated by a governmental agency, for the purpose of providing special care or rehabilitation due to homelessness, physical condition or illness, mental condition or illness, elderly age or social, behavioral or disciplinary problems, provided that authorized supervisory personnel are present on the premises.

(2) Large group care facility shall mean a residential facility that is planned, organized, operated and maintained to offer facilities and services to a specified population and is licensed by or operated by a governmental agency, for the purpose of providing special care or rehabilitation due to homelessness, physical condition or illness, mental condition or illness, elderly age or social, behavioral or disciplinary problems, provided that authorized supervisory personnel are present on the premises.

Habitable floor space shall mean the space in a building approved for living, sleeping, eating, cooking, bathing and personal hygiene. Crawl spaces, storage, laundry rooms, utility spaces and similar areas are not considered habitable spaces.

Hard goods shall mean bulky, durable goods such as household appliances, furniture, automobiles and farm and construction equipment, which all require extensive floor area for display.

Hazardous materials shall mean those chemicals or substances which are physical or health hazards as defined and classified in the Fire and Building Codes. Hazardous materials categories include explosives and blasting agents, compressed gases, flammable and combustible liquids, flammable solids, organic peroxides, oxidizers, pyrophoric materials, unstable (reactive) materials, water-reactive solids and liquids, cryogenic fluids, highly toxic and toxic materials, radioactive materials, corrosives, carcinogens, irritants, sensitizers and other health hazards. Each category is defined separately in the Fire and Building Codes in accordance with the Code of Federal Regulations Title 29 and other nationally recognized standards.

Health club shall mean an establishment that is open only to members and guests and that provides facilities for at least three (3) of the following: aerobic exercises, running and jogging, exercise equipment, game courts and swimming facilities, and that also includes amenities such as spas, saunas, showers and lockers.

Heavy industrial uses shall mean uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involved hazardous conditions. Heavy industry shall also mean those uses engaged in the operation, parking and maintenance of vehicles, cleaning of equipment or work processes involving solvents, solid waste or sanitary waste transfer stations, recycling establishments, and transport terminals (truck terminals, public works yards, container storage).

Height shall mean the distance above a given level. Depending upon the context, height may be measured according to any of several methods, as described in Section 3.8.17.

Home occupation shall mean an occupation or business activity which results in a product or service and is conducted in whole or in part in a dwelling unit, and is subordinate to the residential use of the dwelling unit.

Hotel/motel/lodging establishment shall mean a building intended and used for occupancy as a temporary abode for individuals who are lodged with or without meals, in which there are five (5) or more guest rooms.

Housing model shall mean a single-family or two-family dwelling having at least three (3) distinguishing major exterior features, including elevations, material treatments, front facade, rooflines and entryway.

Hydrozone shall mean an area within the landscape defined by a grouping of plants requiring a similar amount of water to sustain health. For the purposes of this Code, hydrozones are divided into the following four (4) categories:

(1) Very low hydrozones include plantings that need water when first planted, but none once established. Typical plants in this hydrozone include yarrow, rabbitbrush and many native plants.

(2) Low hydrozones include plantings that generally do not require more than three (3) gallons per square foot of supplemental water per year. During plant establishment or drought, additional supplemental water may be beneficial. Typical plants in this hydrozone include buffalograss, penstemon and daylily.

(3) Moderate hydrozones include plantings that generally require ten (10) gallons per square foot of supplemental water per year. Typical plants in this hydrozone include turf-type tall fescue, potenilla and purple coneflower.

(4) High hydrozones include plantings that generally require eighteen (18) gallons per square foot of supplemental water per year. Typical plants in this hydrozone include Kentucky bluegrass, cottonwood, arborvitae and columbine.

I-25 activity center (located as described in the I-25 Subarea Plan) shall mean an area of concentrated development containing more than one (1) principal land use type and generally served by high frequency transit. Such land uses may include office, retail, residential or service uses such as hotels, motels and personal and business services. In an I-25 activity center, the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of vehicular and pedestrian access and parking areas.

Improved arterial street shall mean that portion of an arterial street which has been totally or partially constructed to arterial street standards and accepted by the city.

Improved arterial street network shall mean the system of improved arterial streets which are interconnected and which are defined on the city map titled Improved Arterial Streets Network maintained by the City Engineer.

Improvement shall mean any man-made, immovable item which becomes part of, is placed upon or is affixed to real estate.

Indoor kennel shall mean an establishment in which twenty-four-hour care and boarding is provided for household dogs or cats within a soundproof building (or buildings) that contains exercise facilities, separate ventilation systems for dogs and cats if they are boarded in the same building, and wherein other services such as grooming and training are offered.

Infrastructure shall mean those man-made structures which serve the common needs of the population, such as: potable water systems; wastewater disposal systems, solid waste disposal sites or retention areas; storm drainage systems; electric, gas or other utilities; bridges; roadways; bicycle paths or trails; pedestrian sidewalks, paths or trails; and transit stops.

Inhabitant shall mean a person who dwells and is domiciled in a place, as distinguished from a transient lodger or visitor.

Junkyard shall mean an industrial use (not permitted in residential, business or commercial districts) contained within a building, structure or parcel of land, or portion thereof, used for collecting, storing or selling wastepaper, rags, scrap metal or discarded material or for collecting, dismantling, storing, salvaging or demolishing vehicles, machinery or other material and including the sale of such material or parts thereof. Junkyard shall not include a recycling facility.

Kennel shall mean a facility where the overnight boarding of dogs, cats or other household pets is conducted as a business.

Landscaping shall mean any combination of living plants such as trees, shrubs, plants, vegetative ground cover or turf grasses, and may include structural features such as walkways, fences, benches, works of art, reflective pools, fountains or the like. Landscaping shall also include irrigation systems, mulches, topsoil use, soil preparation, revegetation or the preservation, protection and replacement of existing trees.

Large base industry shall mean a firm that:

(1) produces, or will produce, manufactured goods, at least eighty (80) percent of which are, or will be, produced for export to areas outside of the City; or provides medical, internet, telecom, education or publishing products and services for local and regional users; or establishes corporate offices;

(2) employs, or will employ, no fewer than one hundred (100) persons for at least thirty-five (35) hours of year-round employment per week; and

(3) owns or leases, or will own or lease, real property or equipment within the city limits that is used in the operation of the firm's business and that has, or will have, as of the date of the commencement of the firm's operation, a fair market value of no less than one hundred million dollars ($100,000,000).

Large retail establishment shall mean a retail establishment, or any combination of retail establishments in a single building or in separate but abutting buildings, or a movie theater or an indoor recreational use, occupying more than twenty-five thousand (25,000) gross square feet of floor area.

Laundry and dry-cleaning retail outlet shall mean a laundry or dry-cleaning outlet whose business consists primarily of serving retail customers, provided that any laundry and dry-cleaning processing that occurs on the premises is limited to items which are brought directly to the premises by the retail customer.

Level of service shall mean an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on, and related to, the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility.

Lifestyle shopping center shall mean a shopping center which is planned and developed as a unit and intended to serve consumer demands from the community as a whole and the region, with primary offerings of specialty retailers such as apparel, home furnishings/accessories, books/music, bath/body, sporting goods and grocery stores, and which offers sit-down restaurants, coffee shops, ice cream parlors, entertainment facilities and theatres, office uses and/or uses of similar character. Such a center is designed with architectural distinction, individual identity for each store and buildings which are brought together along a sidewalk network in an open-air setting, with a small park or plaza, and a high level of amenity in landscaping and urban furnishings.

Light industrial shall mean uses engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales or distribution of such products. Further, light industrial shall mean uses such as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories or the like. Light industrial shall not include uses such as mining and extracting industries, petrochemical industries, rubber refining, primary metal or related industries.

Lighting, indirect when applied to the lighting of signs, shall mean reflected light only from a concealed light source outside the sign face which reflects from the sign face only or from the sign face and sign copy.

Limited indoor recreation use shall mean facilities established primarily for such activities as exercise or athletic facilities; and amusement or recreational services, such as billiard or pool parlors, pinball/video arcades, dance studios, martial art schools, arts or crafts studios; or exercise clubs, but not including bowling alleys or establishments which have large-scale gymnasium-type facilities for such activities as tennis, basketball or competitive swimming. This definition is intended to restrict the type of recreational use allowed to those small-scale facilities containing no more than five thousand (5,000) square feet that would be compatible with typical buildings and uses in the zone district in which this use is allowed.

Limits of development shall mean the areas described and established pursuant to Section 3.4.1(N).

Local street shall mean a street which is anticipated to carry under two thousand five hundred (2,500) vehicle trips per day in traffic volume at desirable speeds of up to twenty-five (25) miles per hour, and which provides access to abutting property and primarily serves local traffic.

Local street system shall mean a system of one (1) or more local streets that allow traffic to be distributed throughout a neighborhood.

Lodging establishment shall mean hotel/motel.

Logo shall mean a graphic symbol or emblem which conveys a recognizable meaning, which symbol or emblem may include script (words) provided that such script is contained entirely within the boundaries of the symbol or emblem; and script alone, or outside of the boundaries of the symbol or emblem, whether registered as a trademark or not, is not included within the meaning of the term logo.

Long-term care facility shall mean any of the following:

(1) Convalescent center shall mean a health institution that is planned, organized, operated and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from, but maintaining an affiliation with, all services in a general hospital.

(2) Nursing care facility shall mean a health institution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients who require regular medical care and twenty-four-hour per day nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide twenty-four-hour per day nursing services under the direction of a registered professional nurse employed full time.

(3) Intermediate health care facility shall mean a health-related institution planned, organized, operated and maintained to provide facilities and services which are supportive, restorative or preventive in nature, with related social care, to individuals who because of a physical or mental condition, or both, require care in an institutional environment but who do not have an illness, injury or disability for which regular medical care and twenty-four-hour per day nursing services are required.

(4) Independent living facility shall mean a single-family, two-family and/or multi-family dwelling which is located within a development that contains one (1) or more of the facilities described in (1) through (3) above, wherein the residents of such dwellings have access to the common amenities and services available to residents of the facilities described in (1) through (3) above and wherein independent living facilities occupy no more than twenty-five (25) percent of the total gross floor area of a long-term care development.

Long-term parking shall mean parking which has limited turnover during a normal working weekday. Long-term parking includes employee-type parking or residential-type parking.

Lot shall mean a designated parcel, tract or area of land established by plat, subdivision or otherwise permitted by law to be used, occupied or designed to be occupied by one (1) or more buildings, structures or uses, and which abuts a dedicated right-of-way, private street or private drive, any of which is at least twenty (20) feet wide at all points.

Lot line, front shall mean the property line dividing a lot from a street. On a corner lot only one (1) street line shall be considered as a front line, and the street to which the primary entrance of the principal building faces or to which the building is addressed, shall be considered the front line.

Lot line, rear shall mean the line opposite the front lot line.

Lot line, side shall mean any lot lines other than front lot line or rear lot line.

Lot size shall mean the amount of horizontal (plan view) land area within lot lines. (See Section 3.8.8.)

Lot width shall mean the horizontal (plan view) distance between the side lot lines as measured along a straight line parallel to the front lot line or the chord thereof. The minimum lot width shall be measured between the side lot lines along a line that is parallel to the front lot line and located at the minimum front setback distance from the front lot line. In the case of cul-de-sac lots, the minimum lot width may be measured between the side lot lines along a line that is parallel to the front lot line and located at the actual front building line.

Maintenance (of a newly constructed street) shall mean keeping the street free of dirt, mud, debris and any other foreign material that would constitute a safety hazard or a nuisance or cause damage to the newly constructed street, and shall also include repainting traffic control striping, repairing and replacing traffic control signs and signals as necessary, and maintaining median/parkway landscaping and irrigation systems and supplying water therefor.

Major addition shall mean the extension of an existing building where the cost of the addition, not including repairs and reconstruction of the existing building, is in excess of the assessed valuation of the existing building as assessed by the county Assessor during the year immediately preceding the year in which such major addition takes place.

Major public facilities shall mean structures or facilities, such as electrical generation plants, water treatment plants, wastewater treatment plants, natural gas generation power plants, railroad depots and transportation fleet maintenance facilities, that are generally occupied by persons on a daily basis to conduct operations and that contain or involve traffic-generating activities. Major public facilities include outdoor storage but shall not include wireless telecommunications equipment or facilities.

Major walkway spine shall mean a tree-lined connecting walkway that is at least five (5) feet wide, with landscaping along both sides, located in an outdoor space that is at least thirty-five (35) feet in its smallest dimension, with all parts of such outdoor space directly visible from a public street.

Marginal-access street shall mean a local street which is parallel to and adjacent to expressways or arterials and which provides access to abutting properties and protection from through traffic.

Maximum extent feasible shall mean that no feasible and prudent alternative exists, and all possible efforts to comply with the regulation or minimize potential harm or adverse impacts have been undertaken.

Medical marijuana center shall mean a person licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as directed in Section 12-43-402, C.R.S., that sells medical marijuana to registered patients or primary caregivers as defined in Section 14 of Article XVIII of the State Constitution, but is not a primary caregiver.

Medical marijuana-infused products manufacturer shall mean a person licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-403, C.R.S.

Medical marijuana optional premises cultivation operation shall mean a person licensed pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-404, C.R.S.

Microbrewery shall mean a facility that produces no more than fifteen thousand (15,000) barrels per year of fermented malt beverages on site and shall include a taproom in which guests/customers may sample the product.

Microdistillery shall mean a facility that produces no more than fifteen thousand (15,000) gallons per year of spirituous beverages on site and shall include a tasting room in which guests/customers may sample the product.

Microwinery shall mean a facility that produces no more than one hundred thousand (100,000) gallons per year of vinous beverages on site and shall include a tasting room in which guests/customers may sample the product.

Minimum frontage or minimum building frontage shall mean a measurement equal to a fraction, the denominator of which is the sum of the length of all perimeter streets bounding the block, and the numerator of which is the sum of the length (as measured within twenty [20] feet of the perimeter street right-of-way) of all buildings which have windows and entries oriented to the street, plus twenty (20) percent of the length (as measured within thirty [30] feet of the perimeter street right-of-way) of any plazas or pedestrian accessible landscaped areas within the block. In no case shall parking lots or blank rear or side walls be included in the minimum frontage calculation.

Minor public facilities shall mean structures or facilities, such as electrical generating and switching stations, substations, underground vaults, poles, conduits, water and sewer lines, pipes, pumping stations, natural gas pressure-reducing stations, repeaters, antennas, transmitters and receivers, valves and stormwater detention ponds, that are not occupied by persons on a daily basis except for periodic inspection and maintenance, are capable of operation without daily oversight by personnel and do not generate daily traffic. Such facilities also include similar structures for fire protection, emergency service, parks and recreation and natural areas. Minor public facilities shall not include outdoor storage and wireless telecommunications equipment or facilities.

Mixed use shall mean the development of a lot, tract or parcel of land, building or structure with two (2) or more different uses, including, but not limited to, residential, office, retail, public uses, personal service or entertainment uses (but not including accessory uses), designed, planned and constructed as a unit.

Mobile home shall mean a transportable, single-family dwelling unit built on a permanent chassis with attached undercarriage consisting of springs, axles, wheels and hubs, and which is suitable for year-round occupancy and contains the same water supply, waste disposal and electrical conveniences as immobile housing. A mobile home is designed to be transported on streets to the place where it is to be occupied as a dwelling unit and may or may not be attached to a permanent foundation.

Mobile home park shall mean a parcel of land which has been planned, improved or is currently used for the placement of mobile homes and contains more than one (1) mobile home lot.

Native vegetation shall mean any plant identified in Fort Collins Native Plants: Plant Characteristics and Wildlife Value of Commercial Species, prepared by the City's Natural Resources Department, updated February 2003.

Natural area shall mean all areas shown as "natural areas" on the city's Parks and Natural Areas Map or the Natural Habitats and Features Inventory Map. Any land that qualifies as a "wetland" pursuant to the Federal Clean Water Act shall also be deemed a natural area, in addition to the areas designated as wetlands on the City's Natural Habitats and Features Inventory Map. Any land area that possesses such characteristics as would have supported its inclusion on the Natural Habitats and Features Inventory Map, if such area is discovered during site evaluation and/or reconnaissance associated with the development review process, shall also be deemed a natural area as provided in Section 3.4.1(C)(1)(a).

Natural area buffer zone shall mean any area described and established pursuant to Section 3.4.1(C).

Natural features shall mean (a) natural springs, (b) areas of topography which, because of their steepness, erosion characteristics/geologic formations, high visibility from off-site locations and/or presence of rock outcroppings, and (c) view corridors which present vistas to mountains and foothills, water bodies, open spaces and other regions of principal environmental importance, provided that such natural features are either identified on the city's Natural Habitats and Features Inventory Map, or otherwise meet the definition of natural area as contained in this Article.

Neighborhood center shall mean a combination of at least two (2) nonresidential uses and an outdoor space, which together provide a focal point and a year-round meeting place for a Low Density Mixed-Use Neighborhood.

Neighborhood park shall mean a publicly owned park as defined in the Parks and Recreation Policy Plan.

Neighborhood plan shall mean a document adopted by the City Council as a part of the Comprehensive Plan of the city containing public policies relating to a specific neighborhood.

Neighborhood service center shall mean a shopping and service center, approximately fifteen (15) acres in size, designed to meet consumer demands from an adjacent neighborhood. The primary functional offering is usually a supermarket with an approximately equivalent amount of associated mixed retail and service-oriented gross square footage. Other functional offerings may include employment uses, such as offices and/or commercial development traditionally located along arterial streets.

Neighborhood support/recreation facilities shall mean recreation/pool facilities and/or meeting rooms intended for the use and enjoyment of residents and guests of the neighborhood.

Nightclub shall mean a bar or similar nonalcoholic establishment containing more than one hundred (100) square feet of dance floor area.

Nonconforming building shall mean a building which was lawful and nonconforming under prior law on the day before the effective date of this Code or subsequent amendment thereof.

Nonconforming structure shall mean a structure which was lawful and nonconforming under prior law on the day before the effective date of this Code or subsequent amendment thereof.

Nonconforming use shall mean either a use which was lawful and nonconforming under prior law on the day before the effective date of this Code or subsequent amendment thereof, or with respect to lands newly annexed, a use which was lawful immediately before annexation but which does not conform to the use regulations for the zone district in which such use is located either at the time of annexation or as the result of subsequent amendments to this Code.

Nonconformities shall mean a nonconforming use, structure or building.

Off-street parking area or vehicular use area shall mean all off-street areas and spaces designed, used, required or intended to be used for the parking, storage, maintenance, service, repair, display or operation of motor vehicles, including driveways or accessways in and to such areas, but not including: (1) any outdoor storage area used principally as recreational vehicle, boat or truck storage use; (2) any parking area that is primarily used for long-term storage of vehicles that more closely resembles an outdoor storage area than it does a parking lot (such as impound lots, junkyards or other similar uses); (3) any internal drive lane located in an enclosed mini-storage facility; or (4) any public street or right-of-way.

Oil and gas operation shall mean exploration for oil and gas, including the conduct of seismic operations and the drilling of test bores; the siting, drilling, deepening, recompletion, reworking or abandonment of an oil and gas well, underground injection well or gas storage well; production operations related to any such well, including the installation of flow lines and gathering systems; the generation, transportation, storage, treatment or disposal of exploration and production wastes; and any construction, site preparation or reclamation activities associated with such operations.

Opacity shall mean the degree to which air contaminant emission obscures the view of an observer, expressed in percentage of the obstruction, or the degree (percent) to which the transmittance of light is reduced by an air contaminant emission.

Open-air farmers market shall mean an occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on-site.

Orient shall mean to bring in relation to, or adjust to, the surroundings, situation or environment; to place with the most important parts facing in certain directions; to set or arrange in a determinate position: to orient a building.

Outdoor amphitheaters (other than community facilities) shall mean permanent stage and seating facilities that are open or partially open to the outdoors, the principal use of which is the showing of motion pictures or the presentation of dramatic, musical or live performances, which facilities are accessible to persons only by permission given at the doors or gates.

Outdoor café shall mean that portion of a restaurant with tables located on the sidewalk or other open area in front of or adjoining the restaurant premises.

Outdoor recreation facility shall mean an area devoted to active sports or recreation such as go-cart tracks, miniature golf, archery ranges, sport stadiums or the like, and may or may not feature stadium-type seating.

Outdoor storage shall mean the keeping, in an unroofed area, of any equipment, goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours.

Outdoor vendor shall mean any person, whether as owner, agent, consignee or employee, who sells or attempts to sell, or who offers to the public free of charge, any services, goods, wares or merchandise, including, but not limited to, food or beverage, from any outdoor location, except for those activities excluded from the defini¬tion of outdoor vendor in §15-381 of the City Code.

Owner shall mean any person whose name appears on the tax bill for the property or who, alone or jointly or severally with others, has legal title to any dwelling or dwelling unit, with or without actual possession thereof, or has charge, care or control of any dwelling or dwelling unit as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or assignee of rents. Owner shall not include any person, group of persons, company, association or corporation who holds only a security interest or easement on the real property upon which the dwelling or dwelling unit is situated.

Parking garage shall mean an off-street parking area within a building.

Parking lot shall mean off-street parking area or vehicular use area.

Parking structure shall mean a building or structure consisting of more than one (1) level and principally used to park motor vehicles.

Parks, recreation and open lands shall mean natural areas as described in the Natural Areas Policy Plan, parks and recreation facilities as described in the Parks and Recreation Policy Plan whether such facilities are owned or operated by the City or by another not-for-profit organization, environmental interpretation facilities, outdoor environmental research or education facilities, or public outdoor places.

Party-in-interest shall mean a person who or organization which has standing to appeal the final decision of the decision maker. Such standing to appeal shall be limited to the following:

(1) the applicant;

(2) any party holding a proprietary or possessory interest in the real or personal property which was the subject of the decision of the decision maker whose action is to be appealed;

(3) any person to whom or organization to which the City mailed notice of the hearing of the decision maker;

(4) any person who or organization which sent written comments to the decision maker prior to the action which is to be appealed;

(5) any person who appeared before the board or commission at the hearing on the action which is to be appealed;

(6) the City Council as represented by the request of a single member of the City Council.

Passive open space shall mean land area devoted exclusively to activities such as walking, nature walks, wildlife observation, sitting, picnicking, card games, chess, checkers and similar table games, which space may be used in conjunction with buffer yards.

Pedestrian frontage shall mean an area abutting a connecting walkway, developed to provide continuous safety, interest and comfort for people walking or sitting; pedestrian frontage shall consist of building faces, site design features and/or landscape areas on one (1) or both sides, and not parking stalls on both sides.

Pedestrian-oriented development shall mean development which is designed with a primary emphasis on the street sidewalk and/or connecting walkway access to the site and building, rather than on auto access and parking lots. In pedestrian-oriented developments, buildings are typically placed relatively close to the street and the main entrance is oriented to the street sidewalk or a walkway. Although parking areas and garages may be provided, they are not given primary emphasis in the design of the site.

Pedestrian scale (human scale) shall mean the proportional relationship between the dimensions of a building or building element, street, outdoor space or streetscape element and the average dimensions of the human body, taking into account the perceptions and walking speed of a typical pedestrian.

Personal and business service shops shall mean shops primarily engaged in providing services generally involving the care of the person or such person's apparel or rendering services to business establishments such as laundry or dry-cleaning retail outlets, portrait/photographic studios, beauty or barber shops, employment service, or mailing or copy shops.

Place shall mean a minor way used primarily for vehicular access to the abutting properties, provided that no place shall have a greater length than three hundred fifty (350) feet, and provided further that no place shall provide access to more than fifteen (15) lots, and provided further that no discontinuous place (cul-de-sac) shall provide access to more than fifteen (15) dwelling units.

Place of worship or assembly shall mean a building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious or other services or meetings of the occupants of such structure. Places of worship or assembly shall include churches, synagogues or the like, but shall not include buildings used for commercial endeavors, including, but not limited to, commercial motion picture houses or stage productions.

Planning and Zoning Board review shall mean review by the Planning and Zoning Board in accordance with the provisions in Article 2. Also known as Type 2 review.

Plant nursery and greenhouse shall mean any land or structure used primarily to raise trees, shrubs, flowers or other plants for sale or for transplanting and may include the sale of nonliving landscape and decorating products.

Print shop shall mean an establishment in which the principal business consists of duplicating and printing services using photocopy, blueprint or offset printing equipment, and may include the collating of booklets and reports.

Private driveshall mean a parcel of land not dedicated as a public street, over which a private easement for road purposes has been granted to the owners of property adjacent thereto, which intersects or connects with a public or private street, and where the instrument creating such easement has been recorded in the Office of the Clerk and Recorder of Larimer County. A street-like private drive is a type of private drive that may be used instead of a street under the provisions of Section 3.6.2(L)(c).

Private driveway shall mean the area of a platted lot that is specifically designed for the parking and movement of the vehicles of the property owner and that generally leads directly to a garage, carport or other such structure. Such area shall not include the area of a private street or private drive, except that a private driveway may be shared between two (2) abutting platted lots.

Private street shall mean a parcel of land not dedicated as a public street, over which a public access easement for street purposes has been granted to the City, and where the instrument creating such easement has been recorded or filed in the Office of the Clerk and Recorder of Larimer County. The public access easement shall allow for access by police, emergency vehicles, trash collection and other service vehicles, utility owners and the public in general.

Professional office shall mean an office for professionals such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, accountants or others who through training are qualified to perform services of a professional nature and where no storage or sale of merchandise exists.

Property manager shall mean any person, group of persons, company, firm or corporation charged with the care and control of rental housing as defined in Section 2-536 of the City Code who performs services with respect to such rental housing under a contract with the owner thereof or who otherwise acts as representative of an owner with respect to such rental housing.

Public use shall mean any use intended to be conducted in a facility or upon land which is owned by and operated for public use by school districts or by city, county, state or federal governments.

Public utility shall mean a common carrier supplying electricity, wire telephone service, natural gas, water, wastewater or stormwater service, railroads or similar public services, but shall not include mass transit or railroad depots or terminals or any similar traffic-generating activity, or any person or entity that provides wireless telecommunication services to the public.

Recreational space shall mean privately owned space that is designed for active recreational use for more than three (3) families and that meets either of the following criteria:

(1) Active open space. A parcel of not less than ten thousand (10,000) square feet and not less than fifty (50) linear feet in its smallest dimension, where no public dedication has contributed to its area. Such open space areas may include areas devoted to flood control channels or areas encumbered by flowage, floodway or drainage easements.

(2) Active indoor space. Recreational facilities or structures, and their accessory uses, that are located in city approved areas, including, but not limited to, game rooms, swimming pools, gymnasiums, bowling alleys, exercise rooms or tennis or racquetball courts; provided, however, that the residents of the projects for which such facilities are planned must automatically be members of such facilities without additional charge.

Recreational vehicle, boat and truck storage shall mean the renting of space in an unroofed area for the purpose of storing any recreational vehicle, boat or truck. For the purposes of this definition, a recreational vehicle shall be a transportable structure that is primarily designed as a temporary living accommodation for recreational, camping and travel use including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes.

Recyclable material shall mean reusable material, including, but not limited to, metals, glass, plastic and paper, which are intended for reuse or reconstitution for the purpose of using the altered form. Recyclable material shall not include refuse or hazardous materials.

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

Redevelopment shall mean the intensification of use of existing underutilized buildings and/or development sites, building rehabilitation, or removal or demolition of existing buildings, followed promptly by construction of replacement buildings.

Regional shopping center shall mean a cluster of retail and service establishments designed to serve consumer demands from the community as a whole or a larger area. The primary functional offering is at least one (1) full-line department store. The center also includes associated support shops which provide a variety of shopping goods including general merchandise, apparel and home furnishings, as well as a variety of services, and perhaps entertainment and recreational facilities.

Research laboratory shall mean a building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products except as incidental to the main purpose of the laboratory.

Resource extraction, processes and sales shall mean removal or recovery by any means whatsoever of sand, gravel, soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, exposed or submerged, but does not include oil and gas operations.

Resource recovery shall mean the process of obtaining materials or energy, particularly from solid waste.

Restaurant, drive-in (also known as Restaurant, drive-thru) shall mean any establishment in which the principal business is the sale of foods and beverages to the customer in a ready-to-consume state and in which the design or principal method of operation of all or any portion of the business is to allow food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle.

Restaurant, drive-thru: See Restaurant, drive-in.

Restaurant, fast food shall mean any establishment in which the principal business is the sale of food and beverages to the customer in a ready-to-consume state, and in which the design or principal method of operation includes all of the following characteristics:

(1) food and beverages are usually served in edible containers or in paper, plastic or other disposable containers; and

(2) there is no drive-in facility as a part of the establishment.

Restaurant, limited mixed-use shall mean any establishment in which the principal business is the sale of food and beverages to the customer in a ready-to-consume state, and in which the design or principal method of operation includes all of the following characteristics:

(1) food and beverages are usually served in edible containers or in paper, plastic or other disposable containers;

(2) there is no drive-in or drive-through facility as a part of the establishment;

(3) the establishment is contained within or physically abuts a multi-family dwelling;

(4) the establishment is clearly subordinate and accessory to a multi-family dwelling;

(5) the establishment shall not exceed one thousand five hundred (1,500) feet in gross leasable floor area;

(6) the establishment shall not engage in serving alcohol; and

(7) the establishment shall not engage in the playing of amplified music.

Restaurant, standard shall mean any establishment in which the principal business is the sale of food and beverages to customers in a ready-to-consume state; where fermented malt beverages, and/or malt, special malt or vinous and spirituous liquors may be produced on the premises as an accessory use; and where the design or principal method of operation includes one (1) or both of the following characteristics:

(1) customers are served their food and/or beverages by a restaurant employee at the same table or counter at which the items are consumed; or

(2) customers are served their food and/or beverages by means of a cafeteria-type operation where the food or beverages are consumed within the restaurant building.

Retail establishment (also known as retail store) shall mean an establishment of twenty-five thousand (25,000) square feet or less of gross leasable floor area in which sixty (60) percent or more of the gross floor area is devoted to the sale or rental of goods, including stocking, to the general public for personal or household consumption or to services incidental to the sale or rental of such goods.

Retail stores with vehicle servicing shall mean an establishment in which vehicle parts are sold and are ordinarily installed on the premises, and where the majority of the floor area of the establishment is devoted to the installation and maintenance of such parts (e.g., tire shops and muffler shops).

Revegetation shall mean restoration and mitigation measures for a disturbed natural area or buffer zone in accordance with the requirements of subsections 3.4.1(D)(2) and 3.2.1(F).

Reverse vending machine shall mean an automated mechanical device that accepts one (1) or more types of empty beverage containers, including but not limited to aluminum cans, glass or plastic bottles; and which issues a cash refund or a redeemable credit. A reverse vending machine may be designed to accept more than one (1) container at a time, paying by weight instead of by container.

Ridgeline protection area shall mean the area described and established pursuant to Section 3.4.1(G).

River shall mean the Cache la Poudre River unless the context indicates a general meaning.

Semipublic use shall mean uses operated by recognized religious, philanthropic, educational or other charitable institutions on a nonprofit basis and in which goods, merchandise and services are not provided for sale on the premises.

Sensitive or Specially Valued Species shall mean the following species: Federally Threatened and Endangered Species; State of Colorado Threatened and Endangered Species; State of Colorado Species of Concern as identified in the document, Colorado’s Natural Heritage: Rare and Imperiled Animals, Plants and Natural Communities, April 1996, Volume 2, No. 1, Animals and Plants of Special Concern and/or any other species identified as in need of protection in the City of Fort Collins Natural Areas Policy Plan.

Services shall mean the programs and employees determined necessary by the city to provide for the adequate operation and maintenance of its public facilities and infrastructure, including, but not limited to, those educational, healthcare, social and other programs necessary to support the programs, public facilities and infrastructure required by this Land Use Code, the City Code, the policies and administrative manuals promulgated pursuant thereto, or state or federal law.

Setback shall mean the required unoccupied open space between the nearest projection of a structure and the property line of the lot on which the structure is located, except as modified by the standards of this Land Use Code. Required setbacks shall be unobstructed from the ground to the sky except as specified in Section 3.8.19.

Shared parking shall mean required parking that is provided both on-site and in a municipal parking lot or a private lot constructed and located in accordance with the requirements of the city, where the same parking spaces are assigned to more than one (1) use at one (1) time.

Shelters for victims of domestic violence shall mean a residential facility operating twenty-four (24) hours per day and seven (7) days per week, the purpose of which facility is to receive, house, counsel and otherwise serve victims of domestic violence, as that term is defined in Section 18-6-800.3, C.R.S. and their dependents. Such facility may also include day care, professional, administrative and security staff.

Short-term parking shall mean customer parking which has regular turnover. Parking which is intended to serve a retail business and provide access to commercial activity is short-term parking.

Sign shall mean any writing (including letter, word or number), pictorial representation (including illustration or declaration), product, form (including shapes resembling any human, animal or product form), emblem (including any device, symbol, trademark, object or design which conveys a recognizable meaning, identity or distinction) or any other figure of similar character which is a structure or any part thereof or is written, painted, projected upon, printed, designed into, constructed or otherwise placed on or near a building, board, plate or upon any material object or device whatsoever, which by reason of its form, location, manner of display, color, working, stereotyped design or otherwise attracts or is designed to attract attention to the subject or to the premises upon which it is situated, or is used as a means of identification, advertisement or announcement. The term sign shall not include the following:

(1) flags, pennants or insignia of nations or an organization of nations, states or cities except when such flags are used in connection with a commercial promotion or as an advertising device;

(2) window displays incorporating placards, pennants, merchandise, pictures or models of products or services;

(3) works of art which in no way identify the name of a business and which in the judgment of a reasonably prudent person are not displayed in conjunction with a commercial enterprise for the purpose, or with the effect, of advertising a product or service offered by a business located on the property where such work of art is displayed;

(4) one (1) nameplate per public entrance per business of not more than two (2) square feet per face which is suspended under a canopy;

(5) temporary decorations or displays clearly incidental and customary and commonly associated with national, local or religious holiday celebrations;

(6) signs not visible beyond the boundaries of the lot or parcel upon which they are located or from any public thoroughfare or right-of-way;

(7) traffic and other official signs of any public or governmental agency;

(8) on-site traffic directional signs which do not exceed four (4) square feet per face or ten (10) feet in height, which are not displayed as an A-frame portable sign, and which do not carry a commercial message other than identification. The minimum horizontal distance between such signs shall be fifteen (15) feet, except for signs designating the purpose for which parking stalls may be used, such as for handicap parking, compact cars, etc.;

(9) temporary interior paper window signs;

(10) signs over gas pumps which indicate gas prices only, provided that such signs shall be limited to one (1) per pump island and shall be no larger than four (4) square feet per face.

(11) one (1) flush-wall nameplate per business, not to exceed two (2) square feet in area, to be located at or near the rear entrance of such business;

(12) products, merchandise or other materials which are offered for sale or used in conducting a business, when such products, merchandise or materials are kept or stored in a location which is designed and commonly used for the storage of such products, merchandise or materials; and

(13) a sign which has been found by the Landmark Preservation Commission to have been an integral part of a building designated as a historic landmark, and is a contributing feature of the historic character of such building.

Sign, awning shall mean a sign which is mounted on a temporary shelter supported entirely from the exterior wall of the building.

Sign, canopy shall mean a sign which is mounted on a permanently roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extended from the ground.

Sign, election shall mean a sign relating to a candidate, issue, proposition, ordinance or other matter to be voted upon by the electors of the city.

Sign face shall mean the surface of the sign upon, against or through which the message is displayed or illustrated.

Sign, flush wall shall mean any sign attached to, painted on or erected against the wall of a building in such a manner that the sign face is parallel to the plane of the wall and is wholly supported by the wall. Banner, canvas or other similar flexible material may be used for this type of sign only if the material is securely attached to a rigid structure in a manner which prevents the material from moving, sagging or wrinkling; and the rigid structure is attached directly to the building fascia. Any sign made of banner, canvas or other similar flexible material that is not attached to a rigid structure in this manner is not a flush wall sign and shall be subject to the banner regulations contained in Section 3.8.7(N) of this Land Use Code.

Sign, for sale or rent shall mean a sign indicating the availability for sale, rent or lease of the specific lot, building or portion of a building upon which the sign is erected or displayed.

Sign, freestanding shall mean a detached sign which is supported by one (1) or more columns, uprights, poles or braces extended from the ground or from an object on the ground, or a detached sign which is erected on the ground, provided that no part of the sign is attached to any part of any building, structure or other sign.

Sign, ground shall mean a type of freestanding sign which is erected on the ground and which contains no more than twenty (20) percent total free air space. Free air space shall mean any open area between the top of the sign and the ground, vertically, and between the extreme horizontal limits of the sign extended perpendicular to the ground.

Sign, ideological shall mean a sign conveying a philosophical, religious, political, charitable or other similar noncommercial message.

Sign, illegal shall mean any sign which was erected in violation of the City Code at the time of its erection and which sign has never been in conformance with the City Code, including this Land Use Code and which shall include signs which are posted, nailed or otherwise fastened or attached to or painted upon structures, utility poles, trees, fences or other signs.

Sign, individual letter shall mean a type of flush wall sign consisting of individual letters, incised letters, script or symbols with no background material other than the wall of the building to which the letters, script or symbols are affixed. If the individual sections of an individual letter sign are connected by a common structure, commonly known as a "raceway," which provides for the electrical and/or mechanical operation of said sign, the "raceway" must be painted to match the color of the wall to which the sign is mounted and must be limited to a height of no more than one-half (½) of the height of the tallest letter.

Sign, legal nonconforming shall mean any sign which was lawful and nonconforming under prior law on the day before the effective date of this Land Use Code or subsequent amendment thereof.

Sign, off-premise shall mean a sign or billboard which is used or intended for use to advertise, identify, direct or attract the attention of the public to a business, institution, product, organization, event or location offered or existing elsewhere than upon the same lot, tract or parcel of land where such sign or billboard is displayed.

Sign, permanent shall mean a sign which is permanently affixed or attached to the ground or to a structure.

Sign, portable shall mean: (1) a sign which is not permanently affixed or attached to the ground or to any structure, or (2) any outdoor display of a product, merchandise or material which, by reason of its location or manner of display, is intended primarily to attract attention to the product, merchandise or material, or the premises upon which it is situated.

Sign, projecting wall shall mean any sign other than a flush wall sign which projects from and is supported by a wall or a building.

Sign, rooftop shall mean a sign erected upon or above a roof or above a parapet wall of a building.

Sign side shall mean the combination of all faces or modules of a freestanding or ground sign which can be viewed from a single direction, except when such sign faces or modules are separated by an angle of more than two hundred seventy (270) degrees.

Sign, under-canopy shall mean a sign which is located beneath a permanent-roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extended from the ground.

Sign, vehicle-mounted shall mean any sign (other than an ideological or election sign) which is painted on, affixed to or otherwise mounted on any vehicle or on any object which is placed on, in or attached to a vehicle. For the purposes of this definition, the term vehicle shall include trucks, buses, vans, railroad cars, automobiles, tractors, trailers, motor homes, semi-tractors or any other motorized or nonmotorized transportational device, whether or not such vehicle is in operating condition.

Sign, wind-driven shall mean any sign consisting of one (1) or a series of two (2) or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons or other objects or material fastened in such a manner as to move, upon being subjected to pressure by wind or breeze.

Sign, window shall mean a sign which is painted on, applied or attached to a window or door, or located within three (3) feet of the interior of the window or door and is visible from the exterior of the building.

Sign with backing shall mean any sign that is displayed upon, against or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed.

Sign without backing shall mean any word, letter, emblem, insignia, figure or similar character or group thereof that is neither backed by, incorporated in nor otherwise made a part of any larger display area.

Site specific development plan shall mean and be limited to a final plan as approved pursuant to this Land Use Code, including a plan approved pursuant to basic development review; or, under prior law in effect on the day before the effective date of this Land Use Code, any of the following: the final plan, as approved pursuant to §29-526; the final subdivision plat, as approved pursuant to §29-643; a minor subdivision plat, as approved pursuant to §29-644; final site plans in the R-M District, as provided pursuant to §29-179; final site plans in the R-H District, as provided pursuant to §§29-205 and 29-206; cluster development plans as provided pursuant to §29-116; site plans in the I-L and I-P Districts, as provided pursuant to §29-372; site plans in the R-C District, as provided pursuant to §29-419; nonconforming use review, as provided pursuant to Chapter 29, Article III, Division 6; and group home review, as provided pursuant to §29-475. In addition, a site specific development plan shall mean a final plan or plat that was approved by Larimer County for property which, at the time of approval, was located in the county but has been subsequently annexed into the city. All references to districts or sections herein pertain to the law in effect on the day before the effective date of this Land Use Code and which is repealed by the adoption of this Land Use Code.

Small scale reception center shall mean a place of assembly that may include a building or structure containing a hall, auditorium or ballroom used for celebrations or gatherings (such as weddings, graduations or anniversaries). The building or structure may also include meeting rooms and facilities for serving food. Outdoor spaces such as lawns, plazas, gazebos and/or terraces used for social gatherings or ceremonies are a common component of the center. A small scale reception center shall not include sporting events or concerts.

Solar energy system shall mean a solar collector or other device or structural design feature of a structure that relies upon sunshine as an energy source and is capable of collecting, distributing and storing (if appropriate to the technology) the sun's radiant energy for a beneficial use.

Solar-oriented lot shall mean:

(1) a lot with a front lot line oriented to within thirty (30) degrees of a true east-west line. When the lot line abutting a street is curved, the "front lot line" shall mean the chord or straight line connecting the ends of the curve. For a flag lot, the "front lot line" shall mean the lot line that is most parallel to the closest street, excluding the "pole portion of the flag lot"; or

(2) a lot which, when a straight line is drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback, is oriented to within thirty (30) degrees of true north along said line; or

(3) a corner lot with a south lot line oriented to within thirty (30) degrees of a true east-west line, which south lot line adjoins a public street or permanently reserved open space; provided, however, that the abutting street right-of-way or open space has a minimum north-south dimension of at least fifty (50) feet. For the purposes of this definition, "permanently reserved open space" shall include, without limitation, parks, cemeteries, golf courses and other similar outdoor recreation areas, drainage ditches and ponds, irrigation ditches and reservoirs, lakes, ponds, wetlands, open spaces reserved on plats for neighborhood use and other like and similar permanent open space.

South College Gateway Area shall mean that area shown on the figure below:

Figure: South College Gateway Area

Special habitat features shall mean specially valued and sensitive habitat features including key raptor habitat features, such as nest sites, night roosts and key feeding areas as identified by the Colorado Division of Wildlife or in the Fort Collins Natural Areas Policy Plan (NAPP); key production areas, wintering areas and migratory feeding areas for waterfowl; key use areas for wading birds and shorebirds; heron rookeries; key use areas for migrant songbirds; key nesting areas for grassland birds; fox and coyote dens; mule deer winter concentration areas as identified by the Colorado Division of Wildlife or NAPP; prairie dog colonies over fifty (50) acres in size as included on the Natural Areas Inventory Map; key areas for rare, migrant or resident butterflies as identified in the NAPP; areas of high terrestrial or aquatic insect diversity as identified in the NAPP; remnant native prairie habitat; mixed foothill shrubland; foothills ponderosa pine forest; plains cottonwood riparian woodlands; and any wetland greater than one-fourth (¼) acre in size.

Specified anatomical areas shall mean less than completely and opaquely covered human genitals, pubic region, buttocks, female breast or breasts below a point immediately above the top of the areola or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities shall mean:

(1) human genitals in a state of sexual stimulation or arousal;

(2) acts of human masturbation, sexual intercourse or sodomy;

(3) fondling or other erotic touching of human genitals, pubic region, buttocks or female breast or breasts.

Stockpiling shall mean the act by which soil or similar inorganic material to be used in connection with anticipated development on such parcel of property is deposited on such property. The stockpiling of material is intended to be temporary in terms of the appearance, shape and grade of the material. Stockpiling shall not include activities such as the grading, leveling or compaction of the deposited material or the surrounding ground. Stockpiling shall also not include residential landscaping activities.

Story: See Height.

Story, half shall mean a space under a sloping roof which has the line of intersection of the roof and wall face not more than three (3) feet above the floor level, and in which space the possible floor area with head room of five (5) feet or less occupies at least forty (40) percent of the total floor area of the store directly beneath.

Street shall mean a public way (whether publicly or privately owned) used or intended to be used for carrying vehicular, bicycle and pedestrian traffic and shall include the entire area within the public right-of-way and/or public access easement; provided, however, that with respect to the application of Section 3.8.7 (Signs), the term street shall only mean a dedicated public right-of-way (other than an alley) used or intended to be used for carrying motorized vehicular traffic.

Street sidewalk shall mean the sidewalk within the right-of-way of a public street designed to the standards specified in the Larimer County Urban Area Street Standards or the sidewalk within the public access easement of a private street designed in accordance with the standards specified in subsection 3.6.2(K) of this Code.

Structure shall mean a combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water.

Subdivider or developer shall mean any person, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a development.

Subdivision shall mean the platting of a lot or the division of a lot, tract or parcel of land into two (2) or more lots, plots or sites.

Supermarket shall mean a retail establishment primarily selling food, as well as other convenience and household goods, which occupies a space of not less than forty-five thousand one (45,001) square feet.

Top of bank shall mean the topographical break in slope between the bank and the surrounding terrain. When a break in slope cannot be found, the outer limits of riparian vegetation shall demark the top of bank.

Transit facility shall mean bus stops, bus terminals, transit stations, transfer points or depots without vehicle repair or storage.

Transit-oriented development (TOD) Overlay Zone shall mean that area shown on the figure below:

Figure 5-2

Tree shall mean (1) any self-supporting woody plant growing upon the earth that usually provides one (1) main trunk and produces a more or less distinct and elevated head with many branches; or (2) any self-supporting woody plant, usually having a single woody trunk and a potential DBH of two (2) inches or more.

Tree, significant shall mean any tree with a DBH of six (6) inches or more.

Truck stop shall mean an establishment engaged primarily in the fueling, servicing, repair or parking of tractor trucks or similar heavy commercial vehicles, including the sale of accessories and equipment for such vehicles. A truck stop may also include overnight accommodations, showers or restaurant facilities primarily for the use of truck crews.

Truck terminal shall mean an area or building where cargo or containers are stored and where trucks load and unload cargo or containers on a regular basis. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks or buildings or areas for the repair of trucks associated with the terminal.

Type 1 review shall mean review by the Director in accordance with the provisions of Article 2. Also known as administrative review.

Type 2 review shall mean review by the Planning and Zoning Board in accordance with the provisions of Article 2.

Urban agriculture shall mean gardening or farming involving any kind of lawful plant, whether for personal consumption, sale and/or donation, except that the term urban agriculture does not include the cultivation, storage and sale of crops, vegetables, plants and flowers produced on the premises in accordance with Section 3.8.1 of this Code. Urban agriculture is a miscellaneous use that does not include plant nursery and greenhouse as a principal use and that is subject to licensing in accordance with Section 3.8.31 of this Code.

Unlimited indoor recreational use and facility shall mean establishments primarily engaged in operations and activities contained within large-scale gymnasium-type facilities such as for tennis, basketball, swimming, indoor soccer, indoor hockey or bowling.

Vegetation shall mean trees, shrubs or vines.

Vehicle shall mean a truck, bus, van, railroad car, automobile, tractor, trailer, motor home, recreational vehicle, semi-tractor or any other motorized transportation device, regardless of whether it is in operating condition.

Vehicle major repair, servicing and maintenance shall mean any building, or portion thereof, where heavy maintenance activities such as engine overhauls, automobile/truck painting, body or fender work, welding or the like are conducted. Such use shall not include the sale of fuel, gasoline or petroleum products.

Vehicle minor repair, servicing and maintenance shall mean the use of any building, land area, premises or portion thereof, where light maintenance activities such as engine tune-ups, lubrication, carburetor cleaning, brake repair, car washing, detailing, polishing or the like are conducted.

Vehicle rentals for cars, light trucks and light equipment shall mean the use of any building, land area or other premises for the rental of cars, light trucks and/or light equipment.

Vehicle rentals for heavy equipment, large trucks and trailers shall mean the use of any building, land area or other premises for the rental of heavy equipment, large trucks or trailers.

Vehicle sales and leasing for cars and light trucks shall mean the use of any building, land area or other premises for the display and sale or lease of any new or used car or light truck, and may include outside storage of inventory, any warranty repair work or other repair service conducted as an accessory use.

Vehicle sales and leasing for farm equipment, mobile homes, recreational vehicles, large trucks and boats with outdoor storage shall mean the use of any building, land area or other premises for the display and sale or lease of new or used large trucks, trailers, farm equipment, mobile homes, recreational vehicles, boats and watercraft, and may include the outside storage of inventory, any warranty repair work or other repair service conducted as an accessory use.

Vested property right shall mean the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan.

Veterinary facilities, hospital shall mean any facility which is maintained by or for the use of a licensed veterinarian in the diagnosis, treatment or prevention of animal diseases.

Veterinary facilities, small animal clinic shall mean any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment or prevention of animal diseases wherein the animals are limited to dogs, cats or other comparable household pets and wherein the overnight care of said animals is prohibited except when necessary in the medical treatment of the animal.

Veterinary facilities, small animal hospital shall mean any facility which is maintained by or for the use of a licensed veterinarian in the diagnosis, treatment or prevention of animal diseases wherein the animals are limited to dogs, cats or other comparable household pets and wherein the overnight care of said animals is permitted.

Walkway shall mean an off-street pedestrian path.

Warehouse shall mean a building used primarily for the storage of goods or materials.

Warehouse and distribution shall mean a use engaged in storage, wholesale and distribution of manufactured products, supplies or equipment, including accessory offices or showrooms, and including incidental retail sales, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions, and where the products, supplies or equipment that are distributed from the facility are not used or consumed on the premises.

Where physical conditions permit shall mean that the development application must comply with the regulation unless the applicant can demonstrate that it is not physically possible to do so due to land form, sight line requirements, existing trees, utilities, drainage requirements, access requirements or other constraints of the land.

Wholesale distribution shall mean a use primarily engaged in the sale and distribution of manufactured products, supplies or equipment, including accessory offices or showrooms, and including incidental retail sales, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions, and where the products, supplies or equipment that are distributed from the facility are not used or consumed on the premises. Activities customarily include receiving goods in bulk or large lots and assembling, sorting or breaking down such goods into smaller lots for redistribution or sale to others for resale.

Width of lot shall mean the distance parallel to the front lot line, measured between side lot lines through that part of the building or structure where the lot is narrowest.

Wildlife rescue and education center shall mean a facility that provides shelter services for the rescue and care of injured birds or other wildlife with associated education and research.

Wireless telecommunication equipment shall mean any equipment used to provide wireless telecommunication service, but which is not affixed to or contained within a wireless telecommunication service facility, but is instead affixed to or mounted on an existing building or structure that is used for some other purpose.

Wireless telecommunication facility shall mean any freestanding facility, building, pole, tower or structure used to provide only wireless telecommunication services, and which consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless telecommunication services.

Wireless telecommunication services shall mean services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal Communications Commission for paging systems, enhanced specialized wireless telecommunication, personal communication services or cellular telephone.

Workshop and custom small industry shall mean a facility wherein goods are produced or repaired by hand, using hand tools or small-scale equipment, including small engine repair, furniture making and restoring, upholstering, custom car or motorcycle restoring or other similar uses.

Yard shall mean that portion of the open area on a lot extending open and unobstructed from the ground upward from a lot line for a depth or width specified by the regulations for the district in which the lot is located.

Yard, front shall mean a yard extending across the full width of the lot between the front line and the nearest line or point of the building.

Yard, rear shall mean a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building.

Yard, side shall mean a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building.

Zero lot line development plan shall mean a development plan where one (1) or more dwellings (limited to single-family detached or single-family attached dwellings) are placed on lots in such a manner that at least one (1) of the dwelling's sides rests directly on a lot line, as measured from the outer edge of the dwelling's foundation at the ground line, so as to enhance the usable open space on the lot.

Zero lot line structure shall mean a structure with at least one (1) wall conterminous with the lot line, which wall may include footings, eaves and gutters that may encroach onto the abutting lot under the authority of an encroachment and maintenance easement.

Zone district shall mean a zone district of the City as established in Section 1.3.1 unless the term is used in a context that clearly indicates that the term is meant to include both the zone district(s) of the City and the zone district(s) of an adjoining governmental jurisdiction.

Zoning Map shall mean the official zoning map adopted by the City by ordinance, as amended.

(Ord. No. 90, 1998, 5/19/98; Ord. No. 183, 1998 §§3—5, 10/20/98; Ord. No. 228, 1998 §§82—91, 12/15/98; Ord. No. 19, 1999 §§1, 2, 2/16/99; Ord. No. 41, 1999 §§14, 15, 3/16/99; Ord. No. 99, 1999 §§36—43, 6/15/99; Ord. No. 165, 1999 §§56—62, 11/16/99; Ord. No. 59, 2000 §§46—56, 6/6/00; Ord. No. 183, 2000 §§45—52, 12/19/00; Ord. No. 186, 2000 §2, 1/2/01; Ord. No. 20, 2001, 2/20/01; Ord. No. 107, 2001 §§44—50, 6/19/01; Ord. No. 204, 2001 §§65—71, 12/18/01; Ord. No. 087, 2002 §§63—74, 6/4/02; Ord. No. 177, 2002 §§22—25, 12/17/02; Ord. No. 036, 2003 §2, 3/18/03; Ord. No. 090, 2003 §§21—24, 6/17/03; Ord. No. 104, 2003 §2, 8/19/03; Ord. No. 120, 2003 §10, 9/02/03; Ord. No. 173, 2003 §§40—46, 12/16/03; Ord. No. 056, 2004 §4, 4/20/04; Ord. No. 063, 2004 §5, 4/20/04; Ord. No. 091, 2004 §§60—67, 6/15/04; Ord. No. 198, 2004 §§34—40, 12/21/04; Ord. No. 030, 2005 §2, 3/15/05; Ord. No. 070, 2005 §§15—19, 7/5/05; Ord. No. 123, 2005 §§9, 10, 46, 11/15/05; Ord. No. 161, 2005 §§13—15, 12/20/05; Ord. No. 104, 2006 §§50—54, 7/18/06; Ord. No. 192, 2006 §§36, 37, 12/19/06; Ord. No. 070, 2007 §5, 6/19/07; Ord. No. 081, 2007 §§34—38, 7/17/07; Ord. No. 072, 2008 §1, 9/2/08; Ord. No. 073, 2008 §§25—27, 7/1/08; Ord. No. 028, 2009 §14, 3/24/09; Ord. No. 066, 2009 §§46—50, 7/7/09; Ord. No. 026, 2010 §12, 3/16/10; Ord. No. 041, 2010 §2, 4/20/10; Ord. No. 068, 2010 §24, 7/6/10; Ord. No. 020, 2011 §§13, 14, 3/15/11; Ord. No. 036, 2011 §10, 3/22/11; Ord. No. 120, 2011 §§31—33, 9/20/2011; Ord. 162, 2011, §3, 12-6-11; Ord. No. 178, 2011, §4, 12/20/11; Ord. No. 010, 2012 §12, 2/21/12; Ord. No. 051, 2012 §§23—28, 7/17/12; Ord. No. 057, 2012 §14, 7/17/12; Ord. No. 143, 2012 §12, 1/15/13; Ord. 041, 2013 §9, 3/19/13; Ord. No. 092, 2013 §§29—34, 7/16/13; Ord. No. 096, 2013 §§29—33, 7/16/13; Ord. No. 108, 2013 §§5, 6, 8/20/13; Ord. No. 114, 2013, 9/3/13)