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Aurora City Zoning Code

ARTICLE 146

6 Definitions and Rules of Construction

6.1.1. TECHNICAL TERMS.

Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. More specifically:

A. The words "owner," "person," or "developer" include a firm, association, partnership, trust, company, or a corporation as well as an individual.

B. The words "used" or "occupied" include the words "intended, arranged, maintained, or designed to be used or occupied".

C. The word "lot" includes the words "plot" or "parcel."

D. The words "existing," "existed," "exists," and "occupied" shall imply the modifier "lawfully."

E. The terms "district," “zone,” "zone district," and "zoning district" shall all refer to the zone districts defined by this UDO. (Ord. No. 2019-49 § 1, 08-19-2019)

6.1.2. LISTS AND EXAMPLES.

Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including," and "such as," or similar language are intended to provide examples, not to be exhaustive lists of all possibilities. (Ord. No. 2019-49 § 1, 08-19-2019)

6.1.3. COMPUTATION OF TIME.

The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the City, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or a holiday observed by the City. (Ord. No. 2019-49 § 1, 08-19-2019)

6.1.4. PUBLIC BODIES, DOCUMENTS, AND AUTHORITY.

A. All public officials, bodies, and agencies to which references are made are those of the City of Aurora, unless otherwise expressly stated.

B. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be to the most recent edition of such regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated.

C. Whenever a provision of this UDO requires the head of a department or another officer or employee of the City to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. The person to whom authority under this UDO has been delegated is sometimes referred to as a “designee.”

D. Whenever a provision of this UDO identifies an individual or entity associated with an application or with property, that provision shall be construed as including any legally authorized agents or assigns of that individual, but the City may require proof of such legal authorization before authorizing any agent or assign to take actions related to any application or property for which they are not the property owner. (Ord. No. 2019-49 § 1, 08-19-2019)

6.1.5. MANDATORY AND DISCRETIONARY TERMS.

The words "shall," "will," and "must" are always mandatory. The words "may" and "should" are discretionary terms. (Ord. No. 2019-49 § 1, 08-19-2019)

6.1.6. CONJUNCTIONS.

Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

A. "And" indicates that all connected items, conditions, provisions or events apply; and

B. "Or" indicates that one or more of the connected items, conditions, provisions, or events apply. (Ord. No. 2019-49 § 1, 08-19-2019)

6.1.7. TENSES, PLURALS, AND GENDER.

A. Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary.

B. The singular includes the plural and the plural the singular, unless the context clearly indicates the contrary.

C. Words used in the masculine gender include the feminine gender and vice versa. (Ord. No. 2019-49 § 1, 08-19-2019)

6.1.8. HEADINGS, ILLUSTRATIONS, AND TEXT.

In case of any difference of meaning or implication between the text of this UDO and any heading, drawing, table, figure or illustration, the text shall control. (Ord. No. 2019-49 § 1, 08-19-2019)

A.

A-weighted Sound Level. The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.

Above Ground Bulk Storage of Flammable Liquids or Gasses. The storage of over 2,000 gallons of commercial and industrial liquids or gasses in above ground containers for subsequent resale to distributors or retail dealers or outlets. This definition shall not include the dispensing of fuel to individual retail customers.

Abutting. Refers to two or more properties or zone lots sharing a common border or separated only by a public or private right-of-way or by public open space or body of water not more than 1,000 feet in width.

Abutting Property or Zone Lot. Property that shares at least part of a boundary line, not just a corner point, with the subject property or zone lot.

Abutting Property Owner. The owner of an abutting property. In case of property held in condominium ownership, abutting owner means all the individuals holding undivided ownership in the abutting property.

Accessible. Approachable, enterable, and usable by persons with disabilities.

Accessory Building. A detached building, or a building connected to a principal building through a roofed structure with partially enclosed sidewalls, or without enclosed sidewalls, located on the same zone lot with the principal building, the use of which is customary and incidental to the use of the principal building.

Accessory Structure. A structure detached from a principal structure located on the same lot and customarily incidental and subordinate to the principal building, principal structure or principal use.

Accessory Use. A use of land or of a building or portion of the land or building customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

Accident Potential Zone I (APZ I). An area 3,000 feet wide by 5,000 feet long located immediately beyond the clear zone at the end of a runway, as shown on the air installation compatible use zone map.

Accident Potential Zone II (APZ II). An area 3,000 feet wide by 7,000 feet long located beyond the accident potential zone I area, as shown on the air installation compatible use zone map.

Active Use. A land use that generates pedestrian and patron activity, including but not limited to retail, restaurant, office, residential, commercial, or civic use.

Activity Center. A neighborhood or community-scaled planning area that integrates into adjacent residential zone districts and provides community benefits.

Adjacent. Lots, parcels, or rights-of-way are adjacent to each other when that share all or part of a common lot line or are separated from each other only by a public street, water body, or public land.

Adult or Child Care Center. A facility, by whatever name known, that is maintained for the whole or part of a day for the care of children under the age of 16 years, or for elderly adults, and that is not located in a dwelling unit occupied by any of the operators of the facility. The facility shall be operated with or without compensation for such care, and with or without stated educational purposes, and shall hold a valid state license for the operating of an adult or child day care center, that provide day care services, including monitoring of clients, social and recreational services, food and nourishment, and health support services. The term shall include facilities commonly known as “day care centers,” “day nurseries,” “nursery schools,” “kindergartens,” “preschools,” “play groups,” “day camps,” “summer camps,” “adult care,” or “adult day care center”. It shall include those facilities that give a maximum of 10-hour care for dependent and neglected children. It shall include those facilities for children under the age of six years, with stated educational purposes, operated in conjunction with a public, private, or parochial college or a private or parochial school. The term shall not apply to a kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six grades. Child care centers are divided into two distinct use groups:

1. “An Adult or Child Day Care Facility, Large” includes facilities that are maintained for the whole or part of a day for the care of 16 or more children under the age of 16 years, or 16 OR MORE elderly adults, who are not related to the owner, operator or manager of the facility.

2. “An Adult or Child Day Care Facility, Small” includes the following:

a. Facilities that are maintained for the whole or part of a day for the care of from five to 15 children under the age of 16 years, or five to 15 elderly adults, who are not related to the owner, operator or manager of the facility.

Affordable Housing Structure. A multifamily dwelling structure that has received financial assistance from the Colorado Housing and Finance Authority or Federal HUD programs under conditions that ensure that some portion of the included dwelling units will be rented or sold at stated levels of affordability as defined by HUD’s Area Median Income levels for a stated period of time.

After Hours Club or Entertainment. A restaurant; bar or tavern; microbrewery; meeting, banquet, event, or conference facility; or other establishment (whether or not alcohol is served) that operates between midnight and 5:00 a.m. that also includes any of the following: live music, live entertainment, amplified recorded music, bottle service, bottle buckets, elaborate lighting, or dance floor, or that permits entry of more persons than can be comfortably seated in the facility at one time. Amplified music does not include background music played at low volumes and not audible outside the premises. Teen clubs, escape rooms, game/video rooms, and indoor stadiums are also included in this definition. This use does not include any use meeting the definition of a sexually oriented business.

Agricultural and Animal-related Uses. A land use category (containing individual land uses) that includes the use of land for purposes including farming, dairying, pasturage, horticulture, animal and poultry husbandry, and the necessary accessory uses for treating or storing of farm products and parking of equipment.

Agriculture. The production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to persons, on a site larger than five acres in size, including the storage of agricultural products produced off the premises. This use does not include a tract of land and related structures, pens, or corrals, in which more than 50 cattle, horses, sheep, goats, or swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market. This use does not include “Slaughterhouse, Small.”

Air Installation Compatible Land Use Zone (AICUZ). A land use planning concept established by the U.S. Air Force to protect the integrity of military operations at airfields, and to protect the safety, health, and welfare of the affected public through source and operational controls and the use of land use compatibility measures.

Aircraft Hangar and Aircraft Maintenance Facility. Facilities intended for maintenance, loading, unloading, storage, and fueling of aircraft.

Airport. A landing area, runway, or other facility designed, used, or intended to be used for the landing or taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars, and other necessary buildings and open spaces.

Airport Influence District. A designated area of land surrounding an airport that is affected by noise, clear zones, accident potential, flight tracks and any additional locations of potential aircraft noise, vibrations, fumes, smoke, dust and fuel particles from aircraft operations.

Aisle. The traveled way by which motor vehicles enter and depart parking spaces.

Alley. Any paved or hardscaped public or private space or thoroughfare of 20 feet or less in width that connects to a public or private street on both ends and provides a secondary means of public access to abutting properties or buildings.

Alley-Loaded. A principal use or structure, an accessory dwelling unit, garage, or other accessory structure, or lot on which or to which the access comes from an alley.

Alteration. As it relates to historic preservation, any change because of construction, repair, maintenance, or otherwise to buildings located within an historic district or designated as a landmark. This includes direct and indirect effects as well as adverse or innocuous changes.

Alternate-Loaded Residential Product. A home design having garage doors facing in a direction other than towards the street on which the home fronts, including an alley, Green Court open space, or Motor Court.

Ambulance Service. Space owned or leased as quarters for a single ambulance crew, adjacent parking for the ambulance, and the pedestrian and electrical power connections necessary to support operations of a single ambulance.

Amenity. A natural or created feature that enhances the aesthetic quality, visual appeal, usefulness or attractiveness of a particular property, place, or area.

Applicant.

1. The record owner of the site and/or and buildings located on the site, or

2. A lessee of the property; or

3. A person holding a contract to purchase the property, or

4. A person with written authority to file an application signed by one or more of the persons listed in Subsections 1, 2, or 3 above.

Area, Building. The total of areas taken on a horizontal plane of the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.

Area, Minimum Site. The minimum area of land exclusive of dedicated rights-of-way required for development of a site.

Area, Site per Dwelling Unit. The gross site area divided by the number of dwelling units on a site.

Art Studio or Workshop. A use with an interior building area for artist galleries, studios, and residences used for the creation, display, and associated sale of various artistic mediums and creative arts.

Artificial Turf. A surface of synthetic fibers made to look like natural turf.

Assessed Value. The value at which property is appraised for tax purposes.

Assisted Living Facility. A building or group of buildings specifically designed for persons occupying private residential quarters with full bathroom facilities and at least partial kitchen facilities. Residents in such a facility need some assistance in performing one or more of the following daily functions: the preparation of some or all meals, bathing, housekeeping, and laundry, the administration of medication, periodic medical attention, and transportation. The term "assisted living facility" shall also include "life care facilities" but shall not include facilities designed exclusively for the care of persons needing full-time nursing care, Alzheimer patients, or bed-ridden patients.

Automobile. A self-propelled wheeled vehicle designed for the transportation of either passengers or cargo and weighing less than 6,000 pounds empty weight, to include any passenger vehicles, pick-ups, passenger vans, and/or cargo vans.

Automobile and Light Truck Sales and Rental. Selling, leasing, renting, brokering, or auctioning vehicles seven feet or less in height, including automobiles, sport utility vehicles, light trucks and van, and motorcycles, but excluding trailers.

Avigation Easement. An easement or right-of-way for unobstructed passage of aircraft above property that waives any right or cause of action against the City or airport arising from noise, vibrations, fumes, dust, fuel particles and other effects caused by aircraft and airport operations.

Awning. A framed architectural feature that is attached to and supported from the wall of a building, and that is covered with canvas fabric, or other material as its primary surface, and that shields or has the appearance of shielding a doorway or window from the elements. (Ord. No. 2022-17 § 11, 04-25-2022; Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

B.

Back of Sidewalk. The side of a street sidewalk furthest from the street to which that sidewalk is roughly parallel.

Bar and Tavern. An establishment engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises and that may or may not serve food. This use also includes “hookah” bars in which patrons consume flavored tobacco from a stemmed instrument designed for vaporizing tobacco. If food is served, the revenue from sales of food is smaller than the revenue from alcohol sales. In addition, if food is served, the revenue from sales of food is smaller than the revenue from alcohol sales for all periods during which the establishment is open after 9:00 pm during each calendar month.

Battery-Operated Alarmed Electric Fence. A new or existing electric fence and alarm system and ancillary components, or equipment attached to such a system, including, but not limited to, a fence, a battery-operated energizer which is intended to periodically deliver voltage impulses to the fence connected to it, and a battery-charging device used exclusively to charge the battery.

Bay Window. A window or series of windows projecting outward from the main wall of a building and forming a bay or alcove in a room within.

Bed and Breakfast. An owner occupied, single-family detached home having from one to not more than five guestrooms.

Berm. A mound of earth or the act of pushing earth into a mound, constructed for the purpose of shielding, screening, and buffering undesirable views and to separate incompatible land uses.

Bicycle Parking. Space for the temporary storage of a bicycle in the form of a rack, locker, or storage area of appropriate design and dimension, used exclusively for the storage of a bicycle.

Bio-Medical Waste Treatment Facility. A facility for the processing, storage, or disposal of bio-medical waste through processes that involve ozone treatment, and that comply with all applicable federal, state, and local regulations.

Black Forest. An area within the City limits generally south of a line bounded by Arapahoe, Picadilly, and Smoky Hill roads, east of Parker Road. This region is characterized by hilly terrain, steeply incised slopes, and partial tree cover consisting primarily of Ponderosa Pine and Gambel Oak assemblages.

Black Forest Tree or Trees. Either or both Ponderosa Pine trees and Gambel Oak shrub plant species.

Block. A parcel of land within a platted subdivision bounded on all sides by streets or avenues, other physical boundaries such as a body of water, or the exterior boundary of a platted subdivision.

Brewery. Any establishment where malt liquors or fermented malt beverages are manufactured and production exceeds 1,860,000 gallons of malt liquor per year. This use does not include a Brewpub.

Brewpub. An establishment that manufactures not more than 1,860,000 gallons of malt liquor or fermented malt beverage each calendar year, and that may include retail sales in an on-premises licensed facility.

Brick. An architectural product laid up in small, individual units with concrete mortar joints and with a veneer depth of at least three inches that complies with one or more of the following standards:

1. ASTM C55—Standard specification for concrete building brick;

2. ASTM C216—Standard specification for facing brick (solid masonry units made from clay or shale);

3. ASTM C652—Standard specification for hollow brick (hollow masonry units made from clay or shale);

4. An ICC-ES approved evaluation service report; or

5. Any applicable building code standard adopted by Chapter 22 of the Aurora City Code.

Buffer. A continuous strip of land set aside for landscaping between land uses of different types or intensities, or between land uses with different impacts, Buffer landscaping mitigates external effects such as noise or glare from lights, ensures compatibility between uses, and provides a natural transition between uses.

Buffer Strip. Open spaces, landscaped area, fences, walls, berms, or any combination thereof used to physically separate or screen one use or property from another to visually shield or block noise, lights, or other nuisances.

Building. Any structure having a roof supported by columns or walls, and built for the support, shelter, or enclosure of persons, animals, chattels or property of any kind.

Building Code. The International Building Code, published by the International Code Council, Inc., as amended and adopted by the City Council in Chapter 22 of the Aurora City Code.

Building Footprint. The total area measured at the building's outside walls at its ground plane exclusive of uncovered porches, terraces, and steps.

Building Front or Frontage. The elevation of a building facing a street, Loop Lane, Motor Court, or drive lane from which the building's main pedestrian entrance can be accessed most directly. Except that in the case of a single- or two-family home, the building front shall never be designated as the elevation facing a drive lane. In no case shall a building front be designated as the elevation facing an alley.

Building Line. A line parallel to the street line touching that part of part of the exterior face of a structure (but not including applied claddings) closest to the street closest to the street.

Building Permit. The document issued by the chief building official that is required for all structures and buildings prior to any activity that involves the construction, erection, alteration, enlargement, repair, relocation, improvement, removal, conversion, or demolition of a structure or building.

Building Separation. The least horizontal distance permitted between the nearest portions of any buildings on a site.

Building Unit. As used in the context of oil and gas regulation, shall have the meaning defined in Colorado law or related regulations.

Bulk Commodity Storage Facility. An establishment engaged in the storage of over 2,000 gallons of oils, lubricants, liquids, grains, mineral products, or other commodities not listed separately as specific types of warehousing, wholesaling, or storage. This use includes a grain elevator and facilities or areas for the temporary storage of commodities listed above for transfer to trucks, train cars, or other forms of transportation. (Ord. No. 2021-67 § 7, 12-20-2021; Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

C.

Caliper. The diameter of a tree trunk measured at six inches above ground level for trees up to four inches in diameter and 12 inches above ground for larger diameter trees.

Capital Impact Fee. A fee imposed on new development or redevelopment by the City in order to fund the cost of providing new or expanded capital facilities required to serve that development or redevelopment.

Caretaker’s Residence. An accessory dwelling unit located on the premises of another principal use for the occupancy of a caretaker, security guard, or other person charged with oversight or protection of the principal use.

Carport. A structure sheltering one or more parking spaces, unenclosed on one or more sides, and not meeting the definition of a residential garage.

Catering Service. An establishment whose principal business is to prepare food on-site, then to transport and serve the food off-site. This use includes a commercial kitchen. No business consumption of food or beverages is permitted on the premises.

Cemetery. Property used for the interring of dead humans or animals.

Centerlines, Streets and Alleys. A line drawn along the center of a street or alley that is parallel to and equidistant from each edge of the street or alley right-of-way.

Certificate of Occupancy. The document issued by the chief building official prior to the occupation or use of a building or structure that certifies the building or structure is in conformance with the provisions of the building code and any other laws enforced by the City Code Enforcement Division.

CFR Part 77 Surfaces (or 14 CFR Part 77 Surfaces). Imaginary surfaces in the vicinity or an airport as established by the Federal Aviation Administration Regulations, part 77, “Objects Affecting Navigable Airspace,” U.S. Department of Transportation, FAA, January 1975, as amended, for commercial and military airports for the purpose of controlling heights of objects in the airport vicinity, as codified at 14 CFR 77.28, incorporated into this UDO by this reference.

Change of Use. Any use that substantially differs from the previous use of a building or land.

Chief Building Official. That person in the Building Division designated to make decisions regarding compliance of applications with the UDO and other adopted City codes and regulations.

Christmas Tree Sales. A temporary retail sales operation, generally conducted wholly outside, that offers for sale Christmas trees and related holiday items, such as wreaths and tree stands.

Circulation. Systems, structures, and physical improvements for the movement of people, goods, water, air, sewage, or power, by such means as streets, highways, railways, waterways, towers, airways, pipes, and conduits and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.

Civic or Cultural Facility. Museums, art galleries, botanical or zoological gardens, libraries, visitor centers, and similar establishments that document and present natural, historic, scientific, or cultural interests; as well as facilities for the performance or presentation of theater arts, dance, drama, and similar cultural pursuits to the general public. This use does not include an art studio or workshop, a sexually oriented business, or a public safety facility.

Clear Zone (CZ). An area at the immediate end of each airport runway, which area is 3,000 feet wide by 3,000 feet long.

Club, Lodge, and Service Organization. Affiliations with a selective membership whose members have voting control over significant aspects of the group's operations, and that do not charge daily or weekly dues or entry fees or admit persons into the premises based upon application fees.

Code of Federal Regulations (C.F.R.). The codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal government.

Commercial Message. A message that is primarily concerned with the marketplace of goods and services, or the economic interests of the speaker and/or the audience, or that proposes a commercial transaction.

Commercial Vehicle. Any vehicle used or designed to be used for business, commercial, or industrial purposes and licensed as a commercial vehicle, including but not limited to a bus, tow truck, dump truck, tank truck, garbage truck, panel truck, stake bed truck, hoist truck, step van, semi-tractor, semi-trailer, commercial tree trimming equipment, construction equipment, or any nonrecreational trailer.

Compatible or Compatibility. Characteristics of uses, activities, designs, or facilities that allow them to be located near each other without creating significant adverse visual, functional, or operational impacts on each other. Determinations of compatibility include considerations of the height, scale, mass, or bulk of structures; levels of activity discernible outside a structure; levels of pedestrian, bicycle, or vehicle traffic; levels of site circulation, site access, or parking activity; landscaping, lighting, noise, odor, architectural features, and building materials. Compatibility does not require that two uses, activities, or designs be identical or substantially the same.

Composite Wood. The composite materials made of wood fiber and/or wood flour and thermoplastics, with a minimum of a 20-year manufacturer’s warranty, and of a color integral to the fence material so as to not require painting.

Comprehensive Plan. The long-range Comprehensive Plan for the City adopted by City Council, including all amendments adopted by City Council.

Conditional Use. A use that may be permitted if found to be compatible with adjacent uses and would not change the character of the neighborhood.

Condominium. A form of organizing and owning real estate ownership as recognized in Colorado Revised Statutes §§ 38-33-101 et seq., and as regulated by the State of Colorado.

Congregate Living Facility. Any building or portion of a building that contains facilities for living, sleeping and sanitation that comply with the standards set forth in the code, and may include facilities for eating, cooking, counseling, or training.  Congregate living facilities can include any entity protected under the Fair Housing Act, but do not include jails, halfway houses, hospitals, hotels or boarding houses.

Construction. Any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities, or similar property. On a historic site or in a historic district construction means the erection of any improvements on any parcel of land.

Construction Protection Devices and Measures. Temporary structural measures such as fencing, tape lines, and berms, installed prior to construction to minimize tree damage and permanent structural measures such as retaining walls and aeration devices designed to protect the tree throughout its lifetime.

Contaminated Site. Contaminated sites contain substances above, in, or under the land that are actually or potentially hazardous to health or the environment. Areas with a long history of industrial production known as brownfields are also included in this definition. Many such sites may be affected by their former uses such as associated construction materials, mining, industry, use of chemicals, oil spills, and waste disposal.

Contextual Site Plan. A plan for the development of land approved by the City before the Effective Date pursuant to the provisions of the Aurora Zoning Code applicable to the former E-470 and/or Northeast Plains zone districts. Approved Contextual Site Plans are treated as approved Site Plans or Final Subdivision Plats in this UDO, depending on whether they were approved as zoning or subdivision actions.

Continuing Care Retirement. A community for care of the elderly that has common facilities and provides licensed intermediate and skilled nursing facilities for its residents, as well as other supportive services. This use generally incudes a variety of housing types and provides a variety of levels of assistance and care so that its residents may obtain higher levels of care and service as they age without having to move to another residential care facility.

Corner Commercial Use. An art studio or workshop, office, personal service, restaurant, or retail sales use in a structure located at a specific type of street intersections in the MU-OA zone district.

Courtyard. An unoccupied open space, other than a yard, on the same lot with a building and that is bordered on two or more sides by the building.

Cul-de-Sac. A street with one end open for the public vehicular and pedestrian access and the other end terminating in a vehicular turnaround.

Cultural Heritage Site. A parcel with improvements, such as a building, structure, or object, that lacks sufficient integrity to warrant landmark designation, but still possesses historical, architectural, cultural, or archeological significance. An age of 50 years or more is typical but not required if a site is of exceptional significance to the community.

Crematorium. A facility containing furnaces for the reduction of dead bodies to ashes by fire.

Curb Cut. A cut in the curbline of a street provided for the passage of vehicles.

Curbside Landscape. The landscape portion of a street or drive lane right-of-way located between the back of curb and face of sidewalk or walk where street trees or other plant material is installed. (Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

D.

Data Center. A facility containing one or more large-scale computer systems used for data storage and processing for off-site users. Typical supporting equipment includes backup batteries and power generators, cooling units, fire suppression systems, and enhanced security features.

Day Labor Hall. A business office engaged in procuring employment for others, and/or in procuring employees for employers, on an hourly, daily, or weekly basis, at which prospective employees generally arrive and remain until they obtain a work assignment or decide to depart. Offices and facilities at which prospective employees generally do not assemble or remain to await work assignments are not included in this use.

Demolition. The complete or constructive removal by an applicant of a building on any site.

Density. The number of families, individuals, dwelling units, households, or housing structures per unit of land.

Department or Planning Department. Unless the context clearly indicates otherwise, the Aurora Planning and Development Services Department.

Developer. The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land.

Development. Any manmade change to improved or unimproved real estate, including but not limited to the construction, reconstruction, conversion, or enlargement of any structure; and any clearing, dredging, grading, paving, excavation, or drilling or mining operation. The term "development" shall also include the subdivision of real property.

Development Application. An application for development approval that does not include any application listed in Table 5.2-1 in the categories of “Plan, Ordinance, and Map Changes,” “Subdivision of Land”, or “Flexibility and Relief Provisions.”

Development Parcel. A tract of platted or unplatted land that does not meet the definition of either an infill development parcel or master planned community.

Direct Effect. As it relates to historic preservation, the result of an alteration to a historic property that directly affects the structure. This may include additions, changes, or demolitions.

Distillery. A facility where distilling, typically of alcoholic liquors, is done.

Donation Collection Bin. A small freestanding standalone receptacle used to collect donated materials from the public.

Dormer. A windowed wall area flanked on both sides by sloping roof areas.

Dormitory, Fraternity, or Sorority House. A building devoted exclusively to living facilities in which each person residing in each living unit shall be a duly registered student in any accredited school, college, or university, the spouse of such student, or a management employee.

Double Frontage Lot. A platted lot where both front and rear property lines face a street (or a designated open space along a street).

Downcast Lighting. On-site illumination that is constructed, located, and aligned in such a manner to restrict the cone of illumination to ground surface areas within the boundaries of the site and to prevent such illumination sources from being visible from abutting properties and public streets.

Drainage Feature. Any natural or artificial watercourse, trench, ditch, swale, or similar depression into which surface water flows.

Drive Lane. A private paved, unenclosed accessway allowing vehicular access either to individual buildings or to parking spaces within parking lots, or to more than one parking space. In the case of single-family attached or multifamily dwellings, drive lane means an accessway shared by the residents as guests of the two or more dwellings.

Drive-Up or Drive-Through Facility. Uses at which an occupant of a vehicle may make use of the service or business without leaving their vehicle and includes drive-by parcel pickup facilities.

Driveway.

1. In the case of a lot containing a single-family detached or two-family home, the unenclosed vehicular access way leading exclusively to the enclosed or unenclosed parking spaces serving the lot; or

2. In all other cases involving a residential use, the unenclosed vehicular access way leading directly to one or more parking spaces where both the access way and parking spaces are reserved for the exclusive use of the inhabitants or guests of the single dwelling unit.

Durable. A product that is able to exist for a long time without significant deterioration in quality or value.

Dwelling or Dwelling Unit. A building or portion of a building designed to provide independent living facilities including a full kitchen and bath to an individual, family group, or group home relationship.

Dwelling, Co-housing Development. A residential development that does not meet the definition of a Group Home, that combines individual dwelling and in which individual units may or may not have partial or complete kitchens. The development must include a community building(s) with a community kitchen and dining room intended for communal use on a regular basis, and in which most or all residents generally agree to share in the provision of regular communal services such as cooking meals or providing child care.

Figure 6.2-1: Dwelling, Co-housing Development

Dwelling, Cottage Development. Small, infill project consisting of small single-family detached cottages, each containing no more than 1,000 square feet of gross floor area in which project density is measured by the total square footage of cottage dwelling unit gross floor area instead of the number of dwelling units.

Figure 6.2-2: Dwelling, Cottage Development

Dwelling, Green Court. A form of development in which three or more single-family attached, single-family detached, or two-family (duplex) dwelling units are organized so that habitable spaces of different dwelling units are arranged in a side-by-side, rather than a stacked configuration, and where the front doors of one or more of the dwelling units do not face a public street or a private street, but instead face a Green Court opens space.

Figure 6.2-3: Dwelling, Green Court

Dwelling, Live/Work. An integrated housing unit and working space, occupied and used by a single household in either a single-family attached dwelling or multifamily dwelling, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and includes:

1. Complete kitchen space and sanitary facilities; and

2. Working space reserved for and regularly used by one or more occupant of the unit.

Dwelling, Loop Lane. A single-family dwelling located without direct motor vehicle access to a public street, but with indirect vehicle access onto a Loop Lane, and in which the Loop Lane encloses a common open space.

Dwelling, Motor Court. A single-family dwelling located without direct motor vehicle access to a public street, but with indirect motor vehicle access to the public street through a Motor Court.

Dwelling, Multifamily. A building with three or more separate independent housekeeping dwelling units for permanent occupancy, where such units have habitable living spaces arranged in a stacked configuration. This use includes a manor house dwelling, which is a single residential structure containing up to four primary dwelling units designed and articulated to appear as a large single-family detached dwelling. This use does not include hotels, motels, or inns, regardless of the length of stay of customers of such motels, hotels, or inns.

Dwelling, Short-Term Rental. The rental of a dwelling for a period shorter than one month, or the rental of part of a dwelling while the owner or leasehold tenant continues to occupy the dwelling, but multiple bookings for multiple rooms is not allowed.

Dwelling, Single-Family Attached (Townhouse). Three or more dwelling units where each unit is attached to other units by party walls, where habitable spaces of different units are arranged in a side-by-side, rather than a stacked configuration, and where the front door of each dwelling unit faces a public street.

Figure 6.2-4: Single-Family Attached (Townhouse)

Dwelling, Single-Family Detached. A single dwelling unit in a single building on a single lot of record, not attached to any other buildings other than those accessory to the dwelling, regardless of the size of the dwelling unit. This definition includes a single-family detached dwelling that is located and oriented so that it meets the definition for a Green Court Dwelling, Loop Lane Dwelling, or Motor Court Dwelling, but does not include a detached dwelling located in a Co-housing development or Cottage Development, or a Tiny House. This definition also includes a Manufactured Home meeting the standards of the federal Manufactured Home Construction and Safety Act of 1974.

Dwelling, Tiny House. A single-family dwelling constructed on a frame and capable of being transported on its own wheels but from which the wheels have been removed, that contains less than 400 square feet of gross floor area, and that meets either the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sections 5401 et seq.) or the building code.

Dwelling, Two-Family (Duplex). A single building on a single lot, designed for occupancy by two separate dwelling units in a side-by-side or stacked configuration, and not attached to any other buildings other than those accessory to the dwellings. This definition also includes a dwelling unit attached by a party wall to only one other dwelling unit in a side-by-side configuration, with each unit located on its own lot.

Dwelling Unit, Accessory. A secondary and subordinate dwelling unit created within or detached from a single-family residence, but located on the same lot or parcel as a primary residential structure, that provides basic requirements for living, sleeping, cooking, and sanitation.

Dwelling Unit, Detached Accessory. A single, subordinate dwelling unit detached from a primary dwelling structure that is secondary to the primary dwelling and provides basic requirements for independent living, sleeping, eating, cooking, and sanitation. A “detached accessory dwelling unit” is an accessory dwelling unit that does not share any walls with the primary dwelling unit. (Ord. No. 2022-75 § 3, 12-19-2022; Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

E.

Easement. A grant or one or more of the property rights by the owner of a parcel of land to and/or for a public agency, corporation, or persons, for specific uses and purposes.

Electric Power Generator Station. A facility or area that generates electricity from mechanical power produced by the firing of fossil fuels, or that produces heat or steam for space heating and other similar uses.

Electric Vehicle Charging Facility. A facility in which electric vehicle charging services are made available to the public or to members for a fee, including structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

Electronic Message Board (EMB). A sign that is capable of displaying words, symbols, figures, or images that can be changed by remote or automatic means.

Equipment Rental and Repair. The rental and repair of supplies and equipment primarily for intended for use by homeowners, gardening, construction, landscaping, or industrial contractors, including, but not limited to hoists, lifts, forklifts, and commercial capacity generators and compressors, but not including car or truck rentals.

Exterior Architectural Feature. The architectural style, design, general arrangement and components of all of the outer surfaces of an improvement as distinguished from the interior surfaces enclosed by the exterior surfaces, including but not limited to the kind, color, and texture of the building material and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement. (Ord. No. 2019-49 § 1, 08-19-2019)

F.

Façade. All exterior walls of a building, including without limitation the any front, side, or rear wall facing a public or private street, alley, right-of-way, park, trail, open space, public lands, or front, side, or rear lot line.

Family or Family Group. Any of the following:

1. A group of persons related by blood, marriage, or adoption, living together as a single housekeeping unit; or

2. Persons living together in the relationship and for the purpose of guardian, ward, or foster family or receiving home care who may not necessarily be related by blood or marriage to the head of the household, but live together as a single housekeeping unit, but not including correctional homes; or

3. A group of not more than four unrelated persons living together in a dwelling unit as a single housekeeping unit; or

4. Living arrangements in which one person is providing care to another occupant who is not related by blood or marriage, provided they neither maintain separate cooking facilities nor advertise the premises for rent; or

5. A single individual living as a single housekeeping unit; or

6. A group of individuals whose right to live together in a group home setting is protected by the federal Fair Housing Act Amendments of 1988, as interpreted by the courts, or by similar legislation of the State of Colorado.

A family shall not include more than one person required to register as a sex offender pursuant to § 18-3-412.5, C.R.S. as amended, unless related by marriage or consanguinity. A family shall not include any group of individuals who are in a group living arrangement as a result of criminal offenses.

Faux Window. A recessed glass surface or other surface that mimics the appearance of a window, and which may contain transparent or nontransparent glass backed by a solid wall.

Federal Fair Housing Adjustment. A request that the City provide “reasonable accommodation” or “reasonable modifications” to the provisions of this UDO pursuant to the federal Fair Housing Amendments Act of 1988, that has been approved by the City pursuant to Section 146-5.4.4.E (Federal Fair Housing Adjustments).

Federal Register. The official daily publication for rules, proposed rules, and notices of federal agencies and organizations, as well as executive orders and other presidential documents.

Fence. An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

Fence, Closed-Style. A fence design that has a method of construction and pattern of materials leaving the plane of the fence solid or less than 50 percent open as measured continuously in four-foot intervals along its length.

Fence, New. The construction and installation of a fence where none previously existed. The term shall also apply to construction and installation of extensions and additions to existing fences.

Fence, Open-Style. A fence design that has a method of construction and pattern of materials leaving the plane of the fence at least 50 percent open as measured continuously in four-foot intervals along its length.

Fence, Replacement. Either the replacement of 50 percent or more of the length of an existing fence under a single ownership, or replacement of 150 linear feet or more within a single run of existing fence, whichever amount is less. "Single run of fence" shall mean a portion of fence, either continuous or with gaps, generally aligned along a single direction, such as a fence running parallel to a single street. A single fence run shall be deemed to terminate at a street intersection, or at a major change of direction such as at a corner lot line. Minor fence jogs of 15 feet or less shall not be deemed to terminate a fence run.

Fence Height. Fence heights shall be measured from the highest adjoining grade to the top of the fence sections running between posts or columns.

Fence Maintenance (and/or Fence Repair). Work required to maintain the appearance and structural stability of an existing fence, where such work does not alter the fence's existing size, location, height, design, or type of materials used. Any work meeting the definition of "replacement fence" shall not be considered maintenance and repair.

Final Plat. A final diagram of a proposed major or minor subdivision of land intended to be recorded with the Clerk and Recorder of the county in which the land shown on the diagram is located. See Section 146-5.4.2 (Subdivision of Land). This This term includes Contextual Site Plans (CSPs) for lands located in Subarea C that were approved by the City as subdivision decisions before the Effective Date, and that have not expired (a) pursuant to the terms of the CSP, or (b) if the CSP did not indicate when it would expire, then (b) pursuant to the terms of this UDO.

Flag Pole. A pole physically anchored to the ground with an underground foundation.

Floodplain Administrator. The City official designated by title to administer and enforce the floodplain management regulations.

Floor Area, Gross. The sum of the horizontal areas of all the floors of a building or structure as measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet. The area of parking garages contained within a building shall not be included in the calculation.

Flowline. The line at the face of the curb nearest to the street or roadway. In the absence of a curb, the City Engineer shall establish the flowline.

Food, Beverage, and Lodging. A land use category (containing individual land uses) that includes establishments serving prepared food or beverages for consumption on or off the premises or providing lodging, meals, and the like to transient visitors for a defined period. Accessory uses may include food preparation areas, offices, and parking.

Framework Development Plan. A general plan for the development of land approved by the City before the Effective Date pursuant to the provisions of the Aurora Zoning Code applicable to the former E-470 and/or Northeast Plains zone districts before the Effective Date. Approved Framework Development Plans are treated as approved Master Plans in this UDO.

Frontage, Lot. The width of a lot measured at the front street right-of-way line.

Front-Loaded. Describes a garage or lot on which the driveway access is directly off of the street in front of the house. (Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

G.

Garage. A fully enclosed building with one or more vehicular doors for the parking or storage of motor vehicles.

Garage, Private Residential. A fully enclosed structure with one or more vehicular doors; and owned by or assigned to the occupants of a specific dwelling unit or their guests.

Garden. An area of land used to cultivate plants, shrubs, and or trees, any of which may produce flowers, fruit, or vegetables.

Gardening. The act or practice of cultivating a garden.

Grain and Oil Seed Milling. An establishment used for the processing and storage of grains (cereal, feed, etc.) and associated uses, including the receipt and shipment of grain by truck or rail.

Greenhouse. A structure with predominately transparent walls and roof, used for the cultivation of plants, shrubs, or trees and in which food may be produced.

Ground Floor Commercial Use. An art studio or workshop, office, personal service, restaurant, or retail sales use that occupies space only on the ground floor of a multifamily building.

Groundcover. Plants, other than turf grass, that are low growing and spreading in character and obtain heights of 18 inches or less.

Group Home, FHAA. Subject to licensing requirements of the state if applicable, a Group Home, FHAA is a dwelling where persons are living, together with staff, as a single housekeeping unit providing care, supervision, and treatment for the exclusive use of citizens protected by the provisions of the federal Fair Housing Act Amendments of 1988, as defined in that Act and interpreted by the courts, or by any similar legislation of the State of Colorado, including but not limited to facilities providing housing for handicapped, mentally ill, or developmentally disabled persons.

1. “A Group Home, FHAA Large” is a facility designed for and occupied by seven or more residents living together.

2. “A Group Home, FHAA Small” is a facility designed for and occupied by no more than six residents living together.

Group Living. This land use category (containing individual land uses) is characterized by residential occupancy of a structure by a group of people who do not meet the definition of Household Living. Tenancy is arranged on a monthly or longer basis, and the size of the group may be larger than a family. Generally, Group Living structures have a common eating area for residents. The residents may receive care, training, or treatment, and caregivers may or may not also reside at the site. Accessory uses commonly include recreational facilities and vehicle parking for occupants and staff. (Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

H.

Habitable Unit. Any habitable room or group of habitable rooms that provide sleeping facilities alone or in combination with required cooking, eating, or living facilities.

Handicap. As used to interpret the requirements of the federal Fair Housing Act Amendments of 1988, as interpreted by the courts, or regulations adopted pursuant to that legislation, (1) a physical or mental impairment that substantially limits one or more life activities, (2) a record of having such an impairment, or (3) being regarded as having such an impairment, but the term does not include current, illegal use of or addiction to a controlled substance as defined in 21 U.S.C. § 802.

Hazardous Materials. Any materials present in large enough quantity to pose a significant physical or health hazard to public health, public safety or the environment due to its chemical composition. Hazardous materials include but are not limited to 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.

Heavy Manufacturing. The manufacturing, assembly, fabrication, packaging, or other industrial processing of products or parts primarily from extracted or raw materials or animals or the bulk storage and handling of such products and materials, which is an industrial establishment producing significant truck traffic or having potential to produce noise, dust, odor, smoke, heat, glare, or vibration beyond its property line.

Hedge. A row of densely planted shrubs with upright growth habits, spaced between 18 inches and 36 inches on center. Hedges may be formal (pruned) or informal (unpruned) in character. Hedges may be composed of either deciduous or evergreen plants.

Height, Building. For a building, the vertical distance above a reference point measured to the highest point of the coping of a flat roof or the deck line of a mansard roof or to a point halfway between the eave and the highest point on a pitched or hipped roof. For a non-building structure, the vertical distance above a reference point measured to the highest point on the structure. For both buildings and structures, the reference point shall be whichever of the following yields a greater height of building or structure:

1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest grade.

2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in Subsection 1 of this definition is more than 10 feet above lowest grade.

The height of a stepped or terraced building is the maximum height of any segment of the building.

Hemp. As used in the context of regulating hemp-related uses in Section 146-3.3.5.YY, the following terms have the following meanings:

Hemp or Industrial Hemp is the plant species Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (“THC”) concentration of no more than three-tenths of one percent (0.3%) on a dry-weight basis.

Hemp Processing and Hemp Manufacturing include uses engaged in the manufacturing, processing, fabrication, preparation, treatment, assembly, packaging, incidental storage, sales and distribution of any derivative, extract, cannabinoid, isomer, acid, salt, and salts of isomers from the hemp plant, including preparation, compounding or converting any part of the hemp plant, including removing or extracting oil from the plant.

Hemp Storage is defined as the storage of hemp or hemp products in a warehouse, structure, or hangar for the intake of hemp or hemp products, individually or in bulk, the short-term holding or storage of hemp or hemp products, and/or the breaking up into lots or parcels and subsequent shipment off-site of such goods and merchandise.

High Occupancy Building Unit. As used in the context of oil and gas regulation, shall have the meaning defined in Colorado law or related regulations.

Higher Education Institution. Any college, university, post-secondary or higher educational facility or trade school beyond high school without an on-campus housing facility that meets applicable State requirements to award degrees and primarily teaches usable skills that prepare students for employment in a profession or trade.

Highly Reflective Glass. Glass with a reflectance factor of .25 or higher.

Historic. As used in the context of historic preservation, typically 50 years of age or older.

Historic District. An area designated by the historic preservation commission as an historic district under this division. A district is a geographically definable area, urban or rural, that possesses a significant concentration, linkage or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history.

Historic Preservation. The protection, rehabilitation, restoration and reconstruction of districts, sites, buildings, structures and objects significant in the City's history, architecture, archaeology, engineering, or culture.

Historic Preservation Commission. A body established in chapter 78, article II of the Aurora City Code in accordance with federal law, 36 CFR 61.5, Subsection 2, to administer certain provisions of this UDO related to historic preservation.

Historic Structure. Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a. By an approved state program as determined by the Secretary of the Interior; or

b. Directly by the Secretary of the Interior in states without approved programs.

Home Adult or Child Day Care. A facility, by whatever name known, that is maintained for the whole or part of a day for the care of children under the age of 16 years, or for elderly adults, and that is located in a dwelling unit occupied by one or more of the operators of the facility, and that is accessory to the primary purpose of the structure as a dwelling unit. The facility shall be operated with or without compensation for such care, and with or without stated educational purposes, and shall hold a valid state license for the operating of an adult or child day care center. This use includes:

a. A facility licensed by the state to provide adult day care for not more than six adults not related to the care provider, and that does not include overnight occupancy by the clients.

b. A facility licensed by the state to provide care and training for up to six children, not related to the caretaker, for more than two full consecutive calendar days on a regular weekly basis, and that does not include overnight occupancy for the clients. A full day is seven or more hours.

Home Building Supplies. An establishment for the sale of materials and hardware customarily used in the construction of buildings and other structures, and that includes facilities for storage.

Home Occupation. A business, profession, occupation, or trade that is conducted within a residential dwelling unit for the economic gain or support of a resident of the dwelling and is incidental and secondary to the residential use of the lot and that does not adversely or perceptively affect the character of the lot or surrounding area. This use shall not include an animal hospital, day care, health clinic, hospital, kennel, tearoom or hemp fabrication, manufacturing or processing.

Horse Stable. A commercial facility for the keeping and boarding of horses.

Hospital. An establishment or facility providing health services, primarily for in patients and medical or surgical care of the sick or injured, including related facilities such as laboratories, out-patient facilities, training facilities, central service facilities, and accessory staff offices.

Hotel. A building designed for short-term occupancy, in which no more than 10 percent of the guests reside for a period of more than 30 days. Accessory uses may include restaurants, meeting rooms, and motor vehicle rental.

Household. Any group of individuals living together in a dwelling unit. This use does not include a group of individuals who are living together in order to receive therapy, medical assistance, or assistance with daily activities, unless such group is required by state or federal law to be treated as a household.

Household Living. This land use category (containing individual land uses) is characterized by residential occupancy of a dwelling unit by a household or family. Tenancy is arranged on a month-to-month or longer basis (lodging where tenancy may be arranged for a period of less than 30 calendar days is classified under the lodging category). Common accessory uses include recreational activities, raising of pets, gardens, personal storage buildings, hobbies, and parking of the occupants’ vehicles. (Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

I.

Illuminance. The areal density of the luminous flux incident at a point on a surface, as measured in lumens.

Indirect Effect. As it relates to historic preservation, the result of an alteration near a historic property that does not directly affect the structure (i.e. addition or demolition) but has an effect nonetheless. Indirect effects may include an abridged view corridor (the view of or from a historic property) or damage to the historic context (surrounding architecture or historic use) of a landmark or district.

Individual Letter. As used in sign regulations, a sign system of individual letters sometimes referred to channel letters. Such letters shall have a minimum depth of one inch and shall not be associated with a cabinet sign type system.

Indoor Recreation. Indoor recreation and facilities for sports, and recreational activities such as health clubs, bowling, skating, swimming, tennis, health and fitness centers, gyms, and similar indoor activities.

Indoor Shooting Range. An indoor facility used for firearm target practice, competitions, or similar uses, including but not limited to archery, skeet, trap, paintball, and similar shooting activities.

Industrial. A land use category (including individual land uses) including establishments engaged in the transformation of materials by hand, mechanical or chemical means or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors, as well as establishments that are engaged in the repair or servicing of agricultural, industrial, business, or consumer machinery, equipment, products, or by-products. Contractors and similar uses perform services off-site. Few customers come to the site. Accessory activities may include sales, offices, parking, and storage.

Infill Development. New development of building or structures on vacant or underused lots that have frontage on existing streets and that are typically bounded on their side and rear lot lines by lots containing existing buildings or structures.

Infill Development Parcel. An area of platted or unplatted land in Subareas A or B that, together with all adjacent vacant land in private ownership, includes no more than 10 acres of land, and where the land along at least 75 percent of the boundaries of the proposed subdivision (ignoring intervening streets) has been developed for a period of at least 10 years.

Institutional Use. A community or civic use devoted to the promotion of a particular cause or program, especially one of a public, educational, or religious character, such as schools, recreation centers, and churches.

Intermodal Cargo Transfer Yard. The site at which freight is transferred between railroad flat cars and trucks, typically involving containers or trailers.

Irrigated Area. The total area of a lot or site that receives water from an irrigation system.

Irrigation. The automatic application of water to support landscaping.

Irrigation System. A permanent, underground, and automatically controlled artificial watering system designed to transport and distribute water to plant materials. (Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

J.

[Reserved] (Ord. No. 2019-49 § 1, 08-19-2019)

K.

Kennel. Any structure or premises used for boarding or breeding of any animal for compensation or for profit. (Ord. No. 2019-49 § 1, 08-19-2019)

L.

Landfill. A permanent facility either publicly or privately owned and operated for the purpose of disposing solid waste.

Landmark. A parcel with improvements, such as a building, structure, or object, that has been designated as historically significant by the Historic Preservation Commission under this UDO.

Landmark Site. An unimproved parcel of ground declared by the historic preservation commission to be a landmark site under this division.

LDN. A day-night average sound level measured in decibels (dBA) during a 24-hour period of the A-weighted sound pressure level, with the levels during the period 10:00 p.m. to 7:00 a.m. the following day increased by 10 dBA before averaging. Points of equal LDN level may be linked by a contour line.

Light Manufacturing. The manufacture of products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental sales and distribution of such products, provided all manufacturing activities are primarily contained within a building. Accessory outdoor storage is permitted provided the use is not associated with major exterior impacts, such as major truck or delivery traffic, and the potential to produce noise, dust, odor, smoke, heat, glare, or vibrations and associated activities that do not create nuisances to surrounding properties. This use does not include the manufacturing of raw products (including hemp).

Locomotive and Railcar Yard and Repair Facility. An area and related facilities connected with the fueling, repair switching, assembly or disassembly of trains, including without limitation passenger or freight terminals, operations and maintenance shacks, train sheds, and classification yards.

Loop Lane. A shared driveway that has two points of motor vehicle access to a public street and that provides access to a Loop Lane Dwelling development.

Lot. A designated parcel, tract, or area of land established by plat, subdivision map, or as otherwise permitted by law, to be separately owned, used, developed, or built on.

Lot Area (or Lot Size). The total horizontal area included within lot lines.

Lot Coverage. The total area of a lot occupied by a buildings and structures, sometimes expressed as a percentage of the total lot area.

Lot Line. A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.

Figure 6.2-6: Lot Line

Lot Line, Front. The lot line separating a lot from a street right-of-way.

Lot Line, Interior Side. A side lot line that does not abut a street.

Lot Line, Rear. The lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

Lot Line, Reverse Corner. A lot configuration where the rear yard of the lot in question abuts an adjacent property’s front and side yard

Lot Line, Side. Any lot line other than a front or rear lot line.

Lot Line, Street. Any lot line that abuts a street (but not an alley). On a corner lot, there are two or more street lot lines.

Lot Line, Street Side. A lot line that is both a side lot line and a street lot line.

Lot Width at Setback. The length of a straight line connecting the points at which the front setback line intersects with each side lot line.

Lot, Corner. A lot or parcel of land abutting on two or more streets at their intersection or on two parts of the same street forming an interior angle of less than 135 degrees.

Lot, Single-Family Detached Standard Residential. A standard lot is a single-family detached residential lot that contains at least 4,500 square feet of area and that has at least 50 feet of frontage along the front lot line.

Lot, Small Single-Family Detached Residential. A lot platted for residential development that either (1) has less than 50 feet of street frontage, or (2) contains less than 4,500 square feet in lot area (not including alleys or common shared drives), or (3) both, regardless of vehicular access or configuration.

Lot, Wedge-Shaped. Wedge-shaped lots shall be defined as single-family detached residential lots where the lot width as measured at the front lot line is narrower by at least five feet than the minimum frontage required as measured at the front setback line.

Figure 6.2-7: Lot, Wedge-Shaped

Low Impact Development. Development that minimizes storm water runoff from a lot or parcel by implementing site design techniques, natural grades and features, and soil treatment to allow cleansing and infiltration of storm water on-site.

Low Wall. A wall faced with stucco, brick, or integrally colored decorative masonry block, to match or blend with the materials used on other site buildings. (Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

M.

Maintenance and Repair.

1. All work on interior improvements that are not visible on a building's exterior; all repair, replacement and upgrades to mechanical equipment on a building's interior or otherwise screened from view; resurfacing of existing roofs;

2. Replacement of deteriorated exterior building surfaces, subject to the exceptions noted below;

3. Minor cosmetic improvements to structures, parking lots, and landscaping subject to the exceptions noted below;

4. Replacement of dead or dying landscaping;

5. Resurfacing of existing deteriorated asphalt surfaces;

6. Re-stripping of parking lots;

7. Addition of miscellaneous individual light fixtures, and very minor landscape improvements such as the addition of potted plants or 10 or fewer shrubs.

Manufactured Housing or Manufactured Home. This term has the same definition shown in Sec. 90-1 of the Aurora City Code.

Manufactured Housing Park. This term has the same definition shown in Sec. 90-1 of the Aurora City Code.

Marijuana-Related Definitions. As used in the context of regulating marijuana-related uses in Section 146-3.3.5.S, the following terms have the following meanings:

1. Marijuana. All parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including but not limited to marijuana concentrate, that is cultivated, manufactured, distributed, or sold by a licensed marijuana establishment. Marijuana does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant that is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

2. Marijuana Cultivation Facility. An entity licensed to cultivate, prepare, and package retail or medical marijuana and to sell retail marijuana to retail marijuana stores, sell marijuana to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.

3. Marijuana Establishment. A marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, a retail marijuana store, a marijuana transporter, or a marijuana research business.

4. Marijuana-Infused Product. A product infused with marijuana that is intended for use or consumption other than by smoking, including but not limited to edible products, ointments, and tinctures. These products, when manufactured or sold by a licensed retail medical marijuana store or a marijuana-infused product manufacturer, shall not be considered a food or drug for the purpose of the "Colorado Food and Drug Act," Part 4 of Article 5 of Title 25, C.R.S.

5. Marijuana Membership Club. Any building or structure wherein two or more people gather for the primary purpose of consuming marijuana or marijuana products, or any building or structure wherein club members meet with the ongoing practice of routinely or regularly consuming marijuana or marijuana products.

6. Marijuana Product Manufacturing Facility. An entity licensed to purchase retail marijuana, to manufacture, prepare, and package retail marijuana or retail marijuana products, and to sell retail marijuana or retail marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.

7. Marijuana Research Business. A Marijuana Research and Development Facility or a Marijuana Research and Development Cultivation, as defined by the State of Colorado.

8. Marijuana Testing Facility. A public or private laboratory licensed by the City and the State of Colorado to conduct research and analysis of marijuana, marijuana-infused products, and medical marijuana concentrates for contaminants and potency.

9. Marijuana Transporter Licensed Premises. A building or structure designed or used for the storage of marijuana for a period of not more than seven consecutive days, for transportation by a licensed marijuana transporter. This use does not include an off-premises marijuana storage facility.

10. Off-Premises Marijuana Storage Facility. A building or structure designed or used for the storage of marijuana that is located off the premises of any licensed retail marijuana store, marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility, marijuana research business, or marijuana licensed premises.

11. Pre-K-12 public or private school. For purposes of regulating marijuana, a public or private facility that provides a sequential program of instruction, including, but not limited to, communication skills of reading, writing, and speaking, mathematics, history, civics, literature, and science, in compliance with the School Attendance Law of 1963, C.R.S. § 22-33-101 et seq.., as amended, to students from preschool through twelfth grade. The term "pre-K-12 public or private school" does not include home-based education within the meaning of C.R.S. § 22-33-104.5, as amended.

12. Retail Marijuana Store. An entity licensed to purchase retail marijuana from retail marijuana cultivation facilities and retail marijuana and retail marijuana products from marijuana product manufacturing facilities and to sell retail marijuana and retail marijuana products to consumers.

13. Vapor Lounge. Any building or structure, not open to the general public, wherein two or more people gather for the primary purpose of consuming, inhaling, or ingesting marijuana in smokeless or vapor form, or any vapor consisting of a base (such as, but not exclusively, water, propylene glycol, diethylene glycol, vegetable glycol, or vegetable glycerin), and tetrahydro-cannabinol (THC) or tetrahydrocannabolic acid (THCA).

Marquee. A permanently roofed architectural projection that has vertical sides intended for the display of signs, and that is supported entirely from an exterior wall of a building.

Masonry. Brick, stone, or stucco, or any combination thereof. For purposes of the City's Residential Design Standards in Sections 146-4.8.3 (Design Standards for Single-Family Detached and Two-Family Dwellings) and 146-4.8.6 (Building Materials). This term does not include cementitious panels, pre-cast concrete panels, or Concrete Masonry Units (CMU).

Masonry Fence. As used in this UDO and under the City of Aurora Fence Replacement Program shall mean a fence constructed of the materials allowed along an arterial street (brick, stone, concrete, tile, or other similar building units or materials) laid up unit by unit to construct a fence and/or its main support structure. Siding and veneers may be permitted to be applied (i.e. stucco) as long as the internal support structure or bearing wall of the fence is constructed of the aforementioned masonry materials. Masonry fence construction fabricated in a location other than its final in-service location (known as prefabricated and panelized masonry shall be permitted as long as the fence panel is constructed entirely of masonry materials. Poured concrete construction has been classified as masonry, and therefore shall mean that pre-cast concrete panels shall be permitted for use as fences under this definition.

Masonry Wall. A wall faced with integrally colored decorative masonry block, stucco, or brick to match or blend with materials building or fence column materials on the parcel.

Master Plan. A general plan of development of a large or complex area indicating general locations and intensities of land uses and street, trail, and open space networks, that does not contain the level of detail required in a Site Plan(s) and is required to comply with all City administrative regulations regarding such plans. This term includes Framework Development Plans, General Development Plans, and Station Area Plans approved by the City before the Effective Date.

Maximum Extent Practicable. The Planning Director has determined that no feasible or prudent alternative exists, that all possible efforts to comply with the standards or regulation or minimize potential harmful or adverse impacts have been undertaken by an applicant, and that the costs of complying with a UDO standard or criteria clearly outweigh the benefits to the public of complying with the standard or criteria. Economic considerations may be taken into account, but shall not be the overriding factor determining whether compliance with a standard or criteria in this UDO is impracticable.

Measured Radially. A distance, measured in a straight line between two points drawn from the closest points of the perimeters of the lots containing the use or improvement that is subject to the radial measurement.

Median. A paved or landscaped strip dividing a highway/street into lanes according to direction of travel.

Medical and Dental Clinic. A health care facility where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers, and where patients are not usually lodged overnight. This use includes dialysis and other outpatient services clinics and emergency care clinics without ambulance services.

Meeting, Banquet, Event, or Conference Facility. A facility with or without food preparation equipment, used for meetings, conferences, receptions, fellowship, catered meals, and other social functions; and available on a rental basis to the general public.

Mentally Ill. A person with a substantial disorder of the cognitive, volitional, or emotional processes that grossly impairs judgment or capacity to recognize reality or control behavior.

Microbrewery. An establishment where malt liquors are manufactured and packaged on or off-premises, manufacturing more than 9,000, but less than 60,000 barrels of malt liquor on its licensed premises each calendar year. If food is served, the revenue from sales of food is smaller than the revenue from alcohol. In addition, if food is served, the revenue from sales of food is smaller than the revenue from alcohol sales for all periods during which the establishment is open after 9:00 pm during each calendar month.

Micro-cell Facility. A Telecom Facility used to provide increased capacity in high-call demand areas or to improve coverage in areas of weak coverage.

Mining. The development or extraction of mineral deposits, including but not limited to limestone, coal, sand, rock, clay, dirt, gravel, and other materials, and quarry aggregate from their natural occurrences on affected land. The term includes but is not limited to open pit mining and surface operations, strip mining, quarrying, dredging, and the disposal of refuse from those activities.

Mixed Residential Neighborhood or Development. A development with a range of housing types for a variety of incomes and lifestyles; generous and high quality open space amenities; quality construction and design; and transportation options as a result of an interconnected network of streets, trails, and other pedestrian and bicycle facilities.

Mixed-Use. A land use where both residential and non-residential land uses are permitted within a zone district are combined on a lot or within a structure or development, and where the different types of land uses are in close proximity.

Mixed-Use Building. Any building that contains both residential and non-residential uses.

Mobile Billboard. Any wheeled vehicle used primarily for the display of general advertising or general advertising for hire, by means of traversing upon any public street or parking on any public street in a manner that the advertising image(s) on the vehicle are visible from any portion of the public right-of-way. Also known as "sign truck" or "billboard truck." This definition does not apply to vehicles displaying images related to the same business or establishment of which the vehicle is an operating instrument, such as, by way of example and not limitation, an advertisement for a grocery store on a truck delivering merchandise to that store. Also, it does not apply to vehicles that are on the public road for the primary purpose of transportation, such as taxis and buses, even if such vehicles display general advertising.

Mobile Food Truck. A retail food establishment that is not intended to be permanent and is a motorized wheeled vehicle, or a trailer that is licensed for use on public roadways, designed and equipped to serve food and beverages, operating in either a static or transitory location. This definition includes but is not limited to vehicles selling or distributing frozen milk, frozen dairy or ice confection products, candy, gum or other confection products.

Mobile Home. This term has the same definition shown in Sec. 90-1 of the Aurora City Code.

Mobility Hub. A location intended to facilitate transfers among several different modes of travel that is designed to support at least two, and preferably more, of the following uses or activities: transit access, personal or shared bicycle or other mobility device storage, electric vehicle charging, car sharing, and access to ride-hailing services.

Mortuary. An establishment for the preparation of the deceased for burial and the display of the deceased and rituals connected with, and conducted before burial or cremation. This definition includes columbaria and may include a facility for the permanent storage of cremated remains of the dead. This definition shall not include freestanding crematoria facility.

Motor Court. A shared access drivelane with a single point of access to a public street and that provides access to a Motor Court Dwelling development.

Motor Freight Terminal. An establishment engaged primarily in the fueling, servicing, repair or parking of tractor trucks and similar heavy commercial vehicles, including the sale of accessories and equipment for such vehicles. A motor freight terminal may also include overnight accommodations, showers, and restaurant facilities primarily for the use of truck crews.

Motor Vehicle Body Shop and Painting. An establishment in which automobiles, light trucks, or other motor vehicles that operate on roadways are painted, or in which damage to the bodies and frames of such vehicles are repaired. Accessory uses may include motor vehicle rental.

Motor Vehicle Fuel Dispensing Station. Buildings or premises or portions of buildings or premises used for the retail sale or accessory fueling of gasoline or other motor vehicle fuels, motor oils, and other accessory products and may include vehicle washing facilities as an accessory use. When a primary use of land, accessory use may include convenience food and beverage sales.

Motor Vehicle Indoor Showroom or Broker. A business or broker selling or leasing new or used automobiles, sport utility vehicles, light trucks and vans, recreational vehicles, and motorcycles in which all vehicles are displayed and offered for sale or lease in a completely enclosed, indoor showroom. On-site vehicle repair, detailing, service, and/or body work are not permissible accessory uses.

Motor Vehicle Repair and Service. Buildings or premises or portions thereof used for the purpose of maintenance repairing, or painting of motor vehicles. Repair includes the fixing, refurbishing, or replacement of any part of a motor vehicle, including paint and body work. This use does not include motor vehicle salvage, wrecking, or dismantling or a motor vehicle body shop and painting facility.

Motor Vehicle Towing, Salvage, and Dismantling. An establishment used for the storage, collection, processing, purchase, sale, or disposal of motor vehicles and motor vehicle parts and/or a commercial establishment engaged in towing of vehicles or equipment from one location to another.

Motor Vehicle Wash. Any building or premises or portions of the building or premises used for washing motor vehicles, including the use of automatic or semiautomatic application of cleaner, brushes, rinse water, and heat for drying. This use does not include motor vehicle fueling as an accessory use.

Mulch. Non-living plant materials that are applied to plant beds and are at the base of trees and shrubs. Mulches include organic materials such as wood chips and shredded bark, and inert organic materials such as decomposed granite, cobble, and gravel. (Ord. No. 2025-36 § 1, 04-07-2025; Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

N.

Native Seed, Dryland Grasses, Restorative Grasses. Native seed, dryland grasses, or restorative grasses shall mean all warm- and cool-season grass species used for the re-vegetation of disturbed natural grass areas that are not maintained in a uniform, consistent, and evenly cut condition.

Natural Gas Facilities. Facilities, including but not limited to lines and regulator stations, that distribute, convey, or transmit natural gas. This definition does not include an oil and gas facility.

Noise. Any sound that annoys or disturbs a reasonable person of normal sensitivities disturbs or animals or that causes or tends to cause an adverse psychological or physiological effect on humans or animals.

Noncommercial Message. A message that pertains primarily to debate in the marketplace of ideas. Such messages typically cover subjects such as politics, religion, philosophy, social policy, as well as commentary on sports, arts and entertainments, etc. There is no on-site/off-site distinction as to noncommercial messages.

Nonconforming Lot. A platted lot or parcel of land that does not conform to the provisions of this UDO for the zone district(s) in which it is located, but that was lawful for sale or development at the time it was created

Nonconforming Sign. A sign that does not conform to the provisions of this UDO, but that was lawful at the time it was erected.

Nonconforming Site Feature. A feature of a developed lot, parcel, or site – such as parking areas, landscaped areas, or exterior lighting, that does not conform to the provisions of this UDO, but that was lawful at the time the lot, parcel, or site was last developed or redeveloped.

Nonconforming Structure. A building or structure that does not conform to the provisions of the building and/or zoning regulations, but that was lawfully constructed according to the building and zoning provisions existing at the time of such construction.

Nonconforming Use. A use of land that does not conform to the requirements of the zoning code, but that was lawfully established under the zoning code provisions existing at the time the use was established.

Non-Living Landscape Material. Non-landscaped organic and inorganic materials such as rock, cobbles, wood chips and shredded bark, artificial turf, natural and man-made pavers, crusher fines, and crushed granite.

Non-street Frontage. The perimeter area of a site that does not abut a public or private right-of-way.

Nuisance. An interference with the enjoyment and use of property generally recognized in law as a private or public nuisance.

Nursing or Convalescent Home. An extended or intermediate care establishment licensed by the State of Colorado, that maintains and operates continuous day and night facilities providing room and board, personal services and skilled nursing care to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves, including Alzheimer's facilities, excluding, however, hospitals and drug or alcohol treatment centers. (Ord. No. 2019-49 § 1, 08-19-2019)

O.

Office. Establishments that provide executive, management, administrative, or professional services, but not involving the sale of merchandise except as incidental to a permitted use. Typical examples include government, real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting, call centers, medical, dental, and similar offices. Accessory uses may include cafeterias, health facilities, game or activity areas, parking, or other amenities primarily for the use of employees in the firm or building.

Office, Flex. A use that combines office and storage for goods, wares, and merchandise, including distribution functions that may require off-street loading. This use also includes buildings that could be used for either office, industrial, makerspace, light craft production and sales, research and prototype production, or other light industrial or commercial uses.

Office Showroom. A land use that combines at least two of the following: office, display and showroom, retail and storage functions where the storage function of the use is accessory to the primary operation. This use does not include uses that are primarily warehousing or distribution in function or that require substantial off-street loading.

Official Zoning Map. See Section 146-1.5

Oil and Gas Facility. Equipment or improvements used or installed at an oil and gas location for the exploration, production, withdrawal, gathering, treatment, or processing of crude oil, condensate, E&P waste, or gas. Any well, wellhead, flowlines, tanks, surface equipment, or associated infrastructure used in the development, production, storage, or marketing of oil, natural gas, natural gas liquids, or other hydrocarbon resources.

Open Space. Land that is primarily unimproved, except for the inclusion of trails and limited passive recreation facilities or built features of cultural significance, and which is designated to be reserved for natural, environmental or historical reasons, such as to support natural systems, conserve habitat for plants and animals, preserve terrain features, retain scenic quality, interpret the past, teach an outdoor ethic, and provide the general population with quiet places away from development.

Original Aurora. The area whose outer boundaries are shown on the following map.

Figure 6.2-8: Original Aurora Area

Ornamental Tree. Any self-supporting woody perennial plant that reaches a mature height of eight feet to 25 feet.

Other Motor Vehicle, Trailer, Boat, or Manufactured Home Sales or Rental. A business that displays on-site any recreational vehicle, boat, house trailer, modular structure, or Manufactured Home, or any motor vehicle other than an automobile or light truck, for the purpose of sales, rental, brokering or auction.

Outdoor Entertainment. Outdoor activities, excluding race tracks, which are primarily associated with the wholesaling and retailing of leisure outdoor experiences and products. The activities may include outdoor concerts, amusement parks, miniature golf, drive-in theaters, go-cart tracks, stadiums, and other similar outdoor facilities that may or may not provide limited bleacher-type seating for the convenience of users.

Outdoor Recreation or Sports. Outdoor activities, which most commonly include activities that occur outdoors in an urban and human-made environment as well as those activities traditionally associated with the natural environment. The activities may include outdoor education, play courts or playgrounds, fishing, golf courses, sports fields, and horseback riding or other similar outdoor activities.

Outdoor Seating or Dining. Service facilities or seating areas accessory to a restaurant or establishment serving items to be consumed on site. This definition shall not include sidewalk cafes in the public right-of-way.

Outdoor Storage. A lot or portion of a lot or parcel used to store and maintain construction equipment and other materials and facilities customarily required in the building trade by a construction contractor.

Overseas Container. A large metal or wooden container, typically intended for transport by large truck, train, or ship, that is used for the temporary storage and or transport of personal property. Also known as shipping containers.

Owner or Occupant. The person or entity that holds legal title to property, or the person or entity that occupies a property with the permission of the owner.

Ozonation Treatment of Biomedical Waste. The processing of biomedical waste using sterilization through ozone application, including any accessory collection and storage of wastes as part of such processing. Ozone application processes do not include those that solely rely on chlorination, biological, steam, heat, or radio wave sources. Biomedical waste includes pathogenic agents such as bacteria, viruses, fungus, proteinaceous infectious agents, and chemical components of medical and physiological materials, including:

1. Cultures and stocks of infectious agents and associated biologicals;

2. Liquid human and animal wastes, including blood, blood products, and body fluids;

3. Pathological wastes;

4. Contaminated wastes from animals;

5. Sharps; and

6. Other wastes, such as trace chemotherapeutics, pharmaceuticals, and hormones. (Ord. No. 2022-75 § 3, 12-19-2022; Ord. No. 2021-15 § 29, 06-14-2021; Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

P.

Parapet. An extension of the main exterior walls of a building above the roof level.

Pari-Mutuel Wagering Facility. A facility operated pursuant to the provisions of the Colorado Limited Gaming Act of 1991, as amended, at which pari-mutuel wagers are placed on simulcast horse and greyhound races.

Park. Land that may be developed or unimproved but that is created, established, designated, maintained, provided, or set aside for purposes of serving the general population’s need for rest, enjoyment, play, assembly and recreation, and all facilities, structures and buildings located on that land.

Parking Area. Any public or private area, under or outside of a building or structure, designed and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets.

Parking Garage. An above ground and/or belowground structure, or a part of a primary structure, designed for parking automobiles and light trucks and van, in which at least one level of parking is located above or below another level of parking in the same structure. This use does not include parking and storage facilities for recreational vehicles, boats, and trucks seven feet in height or greater.

Parking Lot. An at-grade primary parking area for automobiles and light trucks and vans that is not part of an above ground or underground parking structure or included in a primary structure. This use does not include parking and storage facilities for recreational vehicles, boats, and trucks seven feet in height or greater.

Parking, Shared. Joint use of a parking area for more than one use.

Pawnbroker. An establishment that engages, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property.

Pennant. Any lightweight material, whether or not containing a message of any kind, suspended from a rope, wire, string or other contrivance usually in a series, designed to move in the wind.

Perimeter Buffer. A landscape area measured inward from a non-street frontage perimeter boundary.

Permitted Use. Any use authorized by right in a particular zone district or districts and subject to the restrictions applicable to that use and zone district.

Person. Where this UDO refers to the owner of property or applicant for a permit or approval under this UDO as a “person”, that terms includes a human being, association, corporation, partnership, or other legal entity.

Personal Service. Establishments primarily engaged in providing services involving the care of a person or of the care or repair of personal goods or apparel. Personal services include but are not limited to laundry, including cleaning and pressing service, diaper service, beauty shops, barbershops, shoe repair, personal copying/shipping services, daytime non-medical pet care, bicycle and sports equipment repair, small appliance repair, and similar uses.

1. “Personal service, large” is a facility with more than 15,000 square feet of gross floor area.

2. “Personal service, small” is a facility with up to 15,000 square feet of gross floor area.

Place of Worship. A building, together with its accessory buildings and uses, that is primarily used as a place where persons regularly assemble for religious worship. This term includes uses such as synagogues, churches, temples, or mosques. Worship services and related religious activities in buildings primarily used for residential purposes that have not undergone any interior or exterior structural modification to accommodate group assembly, and with no external evidence that advertises the activity, shall not be considered a place of worship.

Plant Bed. An area prepared for the installation of plant materials.

Plant and Tree Nursery or Greenhouse. Any land or structure used primarily to raise trees, shrubs, flowers, and other plants for sale or for transplanting.

Plaza. An outdoor space for civic purposes and formal gathering that meets the following standards. Building façades define any boundaries of a Plaza not bordered by public rights-of-way or other active pedestrian corridors. Access shall be accommodated by at least two well-defined and easily identified areas for public access. Plazas bordered by public right-of-way may accommodate one or both access areas. A Plaza is largely comprised of constructed materials to withstand heavy pedestrian traffic gathering, but can contain intermittent lawns, landscape beds, or trees in a formal ornamental pattern.

Plat, Final. A map and supporting materials of certain described land prepared in accordance with laws of the State of Colorado, this UDO and applicable subdivision regulations as an instrument for recording of real estate interests with the County Clerk and Recorder.

Plat, Preliminary. A map of a proposed subdivision of land and specified supporting materials, drawn and submitted in accordance with the requirements of this UDO and other adopted subdivision regulations, to permit the evaluation of the proposal prior to detailed engineering and design.

Preservation Specialist. The person under the supervision of the Library and Cultural Services Department who is the Historic Preservation Commission's staff person and as such prepares presentations for Commission meetings and serves as the initial recipient of landmark nominations and development applications, pursuant to Article 146-5 (Zoning and Subdivision Procedures). The preservation specialist shall also be the custodian of records, official correspondence, and staff liaison. The preservation specialist shall maintain and submit landmark designations and applications to the Planning Department and the Neighborhood Services Department.

Primary Building Material. Any building material that appears on more than 30 percent of the horizontal wall space of any exterior wall of a primary building.

Principal Building. The primary structure located on a zone lot, and designed for a use or occupancy that is a permitted primary use in the zone district applicable to the zone lot.

Principal Use. The primary or predominant use of any lot or parcel as determined by the Planning Director based on the land or building area occupied by the use, the percentage of economic activity represented by the use, the importance of the use to the function of the property, or the impacts created by the use.

Private Recreational Facility or Club House. An establishment typically associated with a golf course, tennis facility, country club, club house, or similar recreational facility that serves as a place of social and recreational gatherings for members of a private club or a residential development and their guests, rather than the general public. This use may include one or more guest rooms or guest houses made available to guests of members of the club or residents of the development, and not to members of the general public.

Protected Lot. A lot that is protected from impacts of adjacent development pursuant to Section 146-4.4 (Neighborhood Protection Standards).

Public, Institutional, Religious, and Civic Uses. A land use category (containing individual land uses) that includes buildings, structures, or facilities owned, operated, or occupied by a governmental entity or non-profit organization to provide a service to the public, or an institution (which may be for profit or not-for-profit) providing specialized services related to health care or services for the dead. This use includes public, private, and parochial institutions at the primary, elementary, middle, high school, or post-secondary level, or trade or business schools that provide educational instruction to students, primary health services and medical or surgical care to persons suffering from illness, disease, injury, or other physical or mental conditions. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care, medical laboratories, outpatient, or training facilities, and parking, or other amenities primarily for the use of employees in the institution or building.

Public Realm. Publicly accessible space, including but not limited to public or private rights-of-way, sidewalk areas, other areas between the façades of buildings on the opposite sides of a public or private right-of-way, and also including parks, open spaces, trails, walkways, plazas, gathering areas and other areas where the public interacts outside of primary and accessory structures.

Public Facility. A facility owned or operated by the City or an entity under the control of the City and used to provide police, fire, emergency medical, health, recreational, social, or other public services to the City or the residents of the surrounding community, but not including a long-term correctional or detention facility or a major or minor utility. (Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

Q.

[Reserved] (Ord. No. 2019-49 § 1, 08-19-2019)

R.

Racetrack. An outdoor facility for sanctioned competition of racing vehicles (including cars, trucks, motorcycles, and other vehicles designed for racing purposes) or for horses or dogs, on a closed circuit. In addition to a racetrack, the facility may include spectator seating (bleacher-type stands), a paddock area for support crews and maintenance, racetrack operations offices, ticket sales offices, and spectator services.

Radio and Television Antenna Tower. A structure for the transmission of broadcasting of radio, TV, or radar signals.

Railroad Track. An area or facility connected with the operation of individual railroad tracks, including without limitation main (through) tracks, spur tracks, and areas associated with sidings, siding and switching equipment, crossing safety arms, and contiguous maintenance, switching, or storage sheds.

Recreation, Active. Activities that involve significant movement of people and or animals, such as games played on sports fields or travel along multi-use paths or trails.

Recreation, Passive. Activities that involve minimal movement of people and/or animals, such as wildlife observation, sitting, walking, and other leisurely pastimes.

Recreation and Entertainment. A land use category (containing individual land uses) that includes establishment providing recreation or entertainment activities to the general public or to their members. Accessory uses may include concessions, snack bars, parking, administrative offices, and maintenance facilities.

Recreational Vehicle. A vehicle, such as a motor home, travel trailer, truck/ camper combination or camper trailer that is designed for human habitation for recreational or emergency purposes and that may be moved on public highways without any special permit for long, wide or heavy loads. This term also includes a small transportable dwelling that does not meet the definition of a Tiny House.

Recreational Vehicle Park. An outdoor facility designed for overnight accommodation of human beings in motorized vehicles, rustic cabins and shelters, or trailers for recreation, education, naturalist, or vacation purposes. Office, retail and other commercial uses commonly established in such facilities and related parking structures shall be allowed as accessory appurtenances.

Recycling Collection Facility. The term recycling and collection facility includes the following:

1. Mobile Recycle Unit. An automobile, truck, trailer, or van, licensed by the Department of Motor Vehicles, that is used for the collection of recyclable materials. A Mobile Recycling Unit shall also include the bins, boxes, or containers transported by trucks, vans, or trailers and used for the collection of recyclable materials.

2. Recycling Collection Facility. A facility for the collection of recyclable materials, including paper, glass, plastic, cloth, ferrous and nonferrous metals, or other items and quantities normally recycled by households or small businesses; excluding, commercial and industrial refuse, yard waste, white goods, and hazardous materials. Recycling Collection Facilities include Mobile Recycling Units, Reverse Vending Machines, and Small Recycling Collection Facilities.

3. Recycling Collection Facility, Small. A Mobile Recycling Unit, Reverse Vending Machine or a grouping of Reverse Vending Machines occupying not more than 120 square feet each. They include kiosk-type units that may include permanent structures occupying not more than 120 square feet each and unattended containers placed for the donation of recyclable materials occupying not more than 120 square feet each.

4. Reverse Vending Machine. An automated mechanical device that accepts at least one or more types of empty beverage containers, including but not limited to aluminum cans, glass or plastic bottles, and that issues a cash refund or a redeemable credit; provided, that the entire process is enclosed within the machine. A reverse vending machine may be designed to accept more than one container at a time, paying by weight instead of by container.

Redevelopment. Any proposed replacement, expansion, addition, renovation, or major change of or to an existing building, structure, or aspect of development.

Redevelopment Plan. A detailed plan for how a site is developed for a use that is limited to lawfully existing buildings and structures.

Registered Neighborhood Group. A neighborhood organization, homeowners’ association, business association, or other non-profit group that has registered with the City of Aurora for purposes of receiving notices under or related to this UDO for proposed development within or near a defined area in which its members reside, and whose registration and contact information has been updated at least once within the previous calendar year.

Research and Development. A facility including research, synthesis, analysis, development and testing laboratories, including the fabrication, assembly, mixing and preparation of equipment and components incident or convenient or necessary to the conduct of such activities.

Restaurant. An establishment where full meals and beverages are prepared, served, and consumed, either on premises (inside or outside), taken out, or delivered, including full-service and limited service restaurants, cafeterias, snack, and nonalcoholic beverage bars. Restaurants may also include an accessory dance floor less than 220 square feet that does not operate after midnight. Drive-in or drive-through facilities are only permitted if shown as an accessory use in the zone district where the property is located in Table 3.2-1 (Permitted Use Table) and may require a conditional use approval. A restaurant may include the sale of alcoholic beverages or a brewing facility, subject to local licensing requirements for alcoholic beverages. If alcohol is served, the revenue from alcohol sales is smaller than the revenue from sales of food. In addition, if alcohol is served, the revenue from the alcohol sales is smaller than the revenue from sales of food for all periods during which the establishment is open after 9:00 pm during each calendar month.

Retail Liquor Store. A type of retail sales use that includes a business licensed by the state for the retail sale of alcoholic beverages in original packages for consumption off the premises, in which those sales are the primary goods being sold and generate the majority of the revenue generated by the business. The accessory sales of food or other items shall not result in the business being a general retail sales business if the above conditions are met.

Retail Sales. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. This use does not include any form of retail sales or other use listed separately in Table 3.2-1 (Permitted Use Table).

1. “Retail Sales, Large”, is a facility or establishment with more than 15,000 square feet of gross floor area.

2. “Retail Sales, Small”, is a facility or establishment with up to 15,000 square feet of gross floor area.

Retail Sales and Personal Services. A land use category (containing individual land uses) including establishments that sell products directly to the final consumer for whatever purpose but not specifically or exclusively for the purpose of resale, as well as establishments that provide services directly to the final consumer for the conduct or improvement of the consumer’s home or business or personal life.

Rezoning (or Rezone). A change to the zoning map that redesignates one or more lots, parcels, or sites, or parts thereof, from one zone district(s) to another zone district(s).

Riding Academy. An establishment or area for keeping horses or other domestic animals other than for the property owner’s personal use, for compensation, hire, boarding, riding, or show.

Right-Of-Way. An area of land dedicated to the public in fee simple title conveyed to the City for drainage, pedestrian, utility, street lighting, landscaping, roadway, or other purposes.

Riparian Corridor. An area adjacent to one or more rivers or streams that has a high density, diversity, and productivity of plant and animal species related to nearby upland areas.

Roadside Sales Stand. A temporary structure and/or use intended for the sales of products or wares, unenclosed and so designed and constructed that it can be easily moved.

Roadway. A right-of-way reserved for motor vehicles, bicycles, and other mobility devices that are street-legal to operate in Aurora. The term shall include public and private streets and alleys; and private Loop Lanes, Motor Courts, drive lanes, but shall not include driveways as defined in this UDO. The right-of-way in roadways may encompass crosswalks, parking lanes (for both motorized and non-motorized vehicles), or other elements to facilitate moving people and goods along or across them by both motorized and non-motorized means.

Rodeo Practice Arena. A facility designed and intended for the display of equestrian skills and the hosting of events including, but not limited to, show jumping, dressage, and similar events of other equestrian disciplines.

Rooming House. A residential building where meals or lodging are provided for compensation for two or more persons, not members of the family, and where occupancy is usually provided for periods of one month or more. The term includes a guesthouse or a lodging house, but not a motel, hotel, or bed and breakfast. (Ord. No. 2019-49 § 1, 08-19-2019)

S.

Sale at Wholesale. A facility for the sales and distribution of goods and parts intended either for resale at retail or as components in the manufacture or assembly of other retail goods; and where such sales are not intended for the general public. Does not include sales or storage of live animals, radioactive, infectious or hazardous waste, or commercial explosives.

School, Elementary or Secondary. An accredited school under the sponsorship of a public, private, or religious agency, having a curriculum generally equivalent to public elementary or secondary schools.

Screening. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.

Screening Components. Walls, fences, and other items listed in the Original Aurora Public Realm Design Standards.

Self-Storage Facility. A structure containing separate storage spaces of varying sizes leased or rented as individual spaces, or in the case of storage for recreational vehicles, boats, and similar operable vehicles, storage in a fully screened outdoor area with individual parking stalls leased or rented as individual spaces.

Sensitive Area. Areas or site features that are listed in Section 146-4.3.5.B.1, Subsections a through h.

Setback. The distance between the building and any lot line or roadway flowline if closer than the nearest lot line.

Setback Line. That line that is the required minimum distance from any lot line and that establishes the area within which principal or accessory structures shall be erected or placed.

Setback, Front (or Street). A setback extending across the full width of the front of a lot, the required depth of which is measured from the street right-of-way line.

Setback, Rear. A setback that is to extend across the full width of the rear of a lot, the required depth of which is measured from the rear lot line.

Setback, Side. A setback that extends from the front setback line to the rear setback line, the required depth of which is measured from at a right angle from the interior side lot line.

Sewage Disposal Plant. A plant for the primary, secondary, tertiary treatment of sewage.

Sexually-Oriented Business. An establishment consisting of, including, or having the characteristics of any or all of the following:

1. Adult Bookstore. An establishment having a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

2. Adult Cabaret.

a. An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas; or

b. A cabaret that features topless dancers, go-go dancers, strippers, impersonators of a person of a different gender or sexual orientation, or similar entertainers for observation by patrons.

3. Adult Mini Motion Picture Theater. An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

4. Adult Motion Picture Theater. An enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

An establishment that meets the definition of a sexually-oriented business shall not be interpreted to be included in any other listed use in this UDO.

Shade Tree. A self-supporting deciduous canopy tree that has at least two and one-half inches caliper at the time of installation and is of a species that reaches a mature height of at least 45 feet.

Shrub. A self-supporting woody perennial ranging in height from six inches to 20 feet. Shrubs are characterized by multi-stemmed growth habits and can be deciduous or evergreen.

Sidewalk Design Components. Sidewalk layout, pattern, pavers, material, colors, and other aspects listed in the Original Aurora Public Realm Design Standards.

Siding. The outer covering or cladding of a building, made of wood, fiber cement, or a composite material, meant to shed water and protect the house from the effects of weather.

Siding, Lap. Siding composed of tapered boards, as clapboards, laid horizontally with the thicker lower edge of each board overlapping the thinner upper edge of the board below it.

Sign. Any medium, including its structure and the component parts, that is used or intended to be used to attract attention to the subject matter for advertising or identifying purposes. The term “sign” shall not include design features of an architectural nature that do not employ words or prices. The term includes but is not limited to the following:

1. Sign, Awning. A sign depicted or placed upon, attached to, constructed in, or supported by an awning extending over functional or faux windows.

Figure 6.2-9: Awning Sign

2. Sign, Banner. Banners and other signs of a temporary nature designed to be attached to walls or hung or suspended from posts or brackets.

3. Sign, Blade. Small scale sign hanging or projecting perpendicular to building face.

4. Sign, Cabinet. A fabricated sign box that contains a light source and a plastic or aluminum face with letters or graphics. A cabinet sign may be designed to mount to a wall or may be designed to be part of a monument or pylon sign.

5. Sign, Canopy. A sign on a framed architectural feature that is attached to and supported from the wall of a building.

Figure 6.2-10: Canopy Sign

6. Sign, City Property. A sign located on property owned or controlled by the City, with permission by the City and that advertises or directs attention to a business, profession, commodity, entertainment, service, religious, charitable or nonprofit organization, or an activity, product, good, or service that is not located upon or available upon the premises where the sign is located.

7. Sign, Fabric. Any sign, banner, valance or advertising display constructed of cloth, canvas, fabric, or other light material, with or without frames.

8. Sign, Ground Fabric. Any sign with a structure that is mounted on the ground, intended to be displayed for a limited time period and is temporary in nature.

9. Sign, Individual Letter. A type of sign consisting of independent letters or message content items respective of each other, text or symbols with no background material other than the wall of the building or a common structure known as a “raceway” to which they are affixed, with a minimum depth of one inch. If the individual letters or message content items are attached to a “raceway,” the “raceway” must be painted to match the color of the wall and must be limited to a height of no more than one-half of the height of the tallest letter or message content item.

10. Sign, Multi-Tenant Development. An on-site sign for a development containing two or more tenants on the premises where the sign is located.

11. Sign, Monument or Ground. A detached, freestanding sign supported by a permanent base, where the entire bottom of the sign is affixed to the ground.

12. Sign, Off-Premises. A sign including billboards or general outdoor advertising device that advertises or directs attention to a business, profession, commodity, entertainment, service, religious, charitable or nonprofit organization, or an activity, product, good, or service that is not located upon or available upon the premises where the sign is located. This does not include City property signs.

13. Sign, On-Premises. A sign that does not meet the definition of an off-premises sign.

14. Sign, Projecting. Any sign that projects perpendicular to and is supported by a building. A grand projecting sign is a projecting sign that is substantially larger and is more visible to drivers, cyclists, or pedestrians at a distance.

Figure 6.2-11: Projecting Sign and Grand Projecting Sign

15. Sign, Roof. A sign erected upon or that projects above any portion of the roof or parapet of the building or structure.

16. Sign, Temporary. Any sign or other advertising device or display constructed of fabric, canvas, cardboard, wall board, plywood, or other light temporary material, with or without structural frame, intended for a temporary display for a limited period of time. Examples of temporary signs include real estate “for sale,” “for rent,” and “open house” signs, garage sale signs, signs identifying the architect, engineer or contractor for work currently under construction, signs advertising a temporary event or commercial opportunity, and signs that express noncommercial messages.

17. Sign, Wall. Any sign attached to or painted on the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall.

18. Sign, Window. Any sign that is applied, painted or otherwise attached to the interior or exterior of a window surface or is otherwise clearly visible from the exterior of the structure.

Site. A parcel of land included in a Site Plan or other plan submitted to the City for approval that is occupied or capable of being occupied by one or more buildings and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this UDO.

Site Area. The area of the lot or parcel on which a primary structure may be erected or maintained. For residential lots containing a single-family dwelling unit (with or without accessory dwelling unit), the minimum required site area and the minimum site area per dwelling unit are the same. For residential lots that can contain more than one primary dwelling unit, the site area is the minimum lot or parcel area that can contain a primary structure with those dwelling units, but the minimum site area per dwelling unit must still be met.

Site Furnishing Components. Utility boxes, benches, trash receptacles, news corrals, bicycle racks, planters, and other similar items.

Site Improvements. Constructed utilities, roads, driveways, parking areas, landscaping, sidewalks, or structures on a site.

Site Plan. A detailed plan depicting how a site will be developed by illustrations and drawings of such site features as architectural building elevations, building locations, sidewalks, parking areas, landscaping, recreational amenities and other site features. This term includes Contextual Site Plans (CSPs) for lands located in Subarea C that were approved by the City as zoning decisions before the Effective Date, and that have not expired (a) pursuant to the terms of the CSP, or (b) if the CSP did not indicate when it would expire, then (b) pursuant to the terms of this UDO. Site Plans are categorized as “minor” or “major”, each of which is regulated differently in Title 146-5 (Zoning and Subdivision Procedures).

Site-Specific Development Plan. A Site Plan(s), or a Final Subdivision Plat.

Slaughterhouse, Small. A facility on a lot no greater than 20,000 square feet size for the slaughtering and processing of animals and the refining of their byproducts, subject to the use specific standards in Section 146-3.3 and the requirements of Section 35-33 et seq. Colorado Revised Statutes governing “custom processing of meat animals” for the slaughter or processing of meat or meat products of an animal not owned by the person performing the slaughter or processing and not intended for sale by the owner of the animal. This definition does not include commercial feedlots or commercial slaughterhouse operations that process animal products for bulk sales to retail outlets.

Solar Collector, Ground or Building-Mounted. A system of panels, wiring, and related equipment used to transform direct solar energy into thermal, chemical, or electrical energy that is mounted either to the ground or to a building.

Sole Source of Heat. One or more residential solid fuel fired heating devices that constitutes the only source of heat in a private residence for purposes of space heating. A residential solid fuel fired heating device shall be considered to be the sole source of heat if the private residence is equipped with a permanently installed furnace or heating system, designed to heat the residence, but is disconnected from its energy source, e.g., heating oil, natural gas, electricity, or propane.

Solid Fuel Fired Heating Device. A device designed for solid fuel combustion so that usable heat is derived for the interior of a building, and includes solid fuel fired stoves, fireplaces, pellet stoves, solid fuel fired cooking stoves, and a combination of fuel furnaces or boilers that burn solid fuel. Solid fuel fired heating devices do not include barbecue devices or natural gas fired fireplace logs.

Solid Waste Transfer Facility. A facility at which non-hazardous refuse awaiting transportation to a disposal site is transferred from one type of collection vehicle to another. Refuse may be sorted and repackaged at a transfer station.

Special Landscape Buffer. A landscape area to be provided adjacent to public open space, parks, and trails, and adjacent to I-70, I-225, and E-470.

Specialty Food Production. Small-scale production or preparation of food made on site with minimal use of automated processes, and where packaging and sales of the goods produced on site to the public may occur. This definition includes uses such as bakeries, coffee roasters, candy making, and cheese making, but does not include any use involving marijuana or otherwise meeting the definition of a marijuana cultivation, product manufacturing, and testing facility. This definition does not include any use involving hemp, hemp product or otherwise meeting the definition of hemp processing or hemp manufacturing. This use may or may not have outdoor seating or patio as an accessory use depending on the zoning district in which it is located.

Stacked or Stacked Configuration. An arrangement of dwelling units in which at least one dwelling unit is positioned vertically over all or a portion of another dwelling unit.

Stadium. A large open or enclosed place used for games and major events and partly or completely surrounded by tiers of seats for spectators.

Station Area Plan. A plan for the development of land around a transit station approved by the City before the Effective Date pursuant to the provisions of the Aurora Zoning Code applicable to transit-oriented development before the Effective Date. Approved Station Area Plans are treated as approved Master Plans in this UDO.

Stone. As used in applying the standards in Section 146-4.8 (Building Design Standards) natural stone or a cement-based product made to match the appearance of natural stone, and laid up in small, individual units with a veneer depth of at least two inches; provided that any cement-based product shall comply with one or more of the following standards:

1. An ICC-ES approved evaluation service report; or

2. Any applicable building code standard adopted by Chapter 22 of the Aurora City Code.

Storage, Distribution, and Warehousing. The storage of goods, vehicles, or materials in a warehouse, structure, or hangar, and/or the use of that facility for the intake of goods and merchandise, individually or in bulk, the short-term holding or storage of those goods or merchandise, and/or the breaking up into lots or parcels and subsequent shipment off-site of such goods and merchandise. This use includes but is not limited to commercial warehouses and aircraft hangars.

Storage, Distribution, or Wholesaling. A land use category (that includes individual land uses) that includes establishments engaged in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. Uses may include carting, hauling or storage yards and contractor’s shops, large-scale distribution, and warehousing. Accessory uses may include offices, truck fleet parking, and maintenance areas.

Story. That portion of a building, other than a basement or cellar as defined in the building code, included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, the space between the surface of the floor and the ceiling next above it.

Street. A public or private vehicular right-of-way that provides access to more than one lot. The term "street" shall not include vehicular rights-of-way defined as driveways, drive lanes, Loop Lanes, Motor Courts, as defined in this UDO.

Street Furniture. Constructed, above ground objects, such as outdoor seating, kiosks, bus shelters, sculpture, tree grids, trash receptacles, fountains, and telephone booths, that have the potential for enlivening and giving variety to streets, sidewalks, plazas, and other outdoor spaces open to, and used by, the public.

Street Standards. All standards contained in the most recent version of the Aurora Roadway Design and Construction Specifications Manual and Chapters 126-1 and 126-36 of the Aurora City Code.

Street Tree. A self-supporting deciduous woody perennial plant that reaches a mature height of 45 feet.

Stub Street. A nonpermanent dead end street intended to be extended in conjunction with development on adjacent lots or sites.

Streetscape. A design term referring to all the elements that constitute the physical makeup of a street and that, as a group, define its character, including building frontage, street paving, street furniture, landscaping, awnings and marquees, signs, and lighting.

Structure. Anything constructed or erected, the use of which requires fixed location on the ground or attachment to something having fixed location on the ground.

Stucco. A cement-based exterior coating system that complies with one or more of the following standards:

1. ASTM C1328—Standard specification for plastic (stucco) cement;

2. An ICC-ES approved evaluation service report; or

3. Any applicable building code standard adopted by Chapter 22 of the Aurora City Code.

This term does not include any exterior insulation and finish system (EIFS) or synthetic stucco.

Subdivider. The individual, firm, corporation, partnership, association, syndication, trust, or other legal entity that files the application and initiates proceedings for the subdivision of land in accordance with the provisions of this subdivision ordinance. A "subdivider" need not be the owner of the property.

Subdivision. The division of any lot, tract or land parcel into two or more lots, tracts, parcels or other land divisions for the purpose of sale or development.

Supportive Housing. A dwelling where persons are living, together with staff, as a single housekeeping unit providing care, supervision, and treatment for the exclusive use of persons requiring medical, correctional, or other mandated supervision whose right to live together is not protected by the federal Fair Housing Act Amendments, as amended and as interpreted by the courts, and that does not meet the definition of another use in this UDO. “Supportive housing” includes, but is not limited to:

1. An owner-occupied or non-profit residential dwelling for the exclusive use of at least two but not more than eight persons, who, together with staff, live as a single housekeeping unit but do not require 24 hour medical or nursing care.

2. A shelter for persons experiencing temporary homelessness.

3. A domestic violence shelter, which is a public or private building or structure housing residents for the purpose of the rehabilitation or special care for victims of domestic violence or emotional or mental abuse. The term includes battered women's shelter.

“Supportive Housing, Large” is a facility designed for and occupied by seven or more residents living together. “Supportive Housing, Small” is a facility designed for and occupied by no more than six residents living together. (Ord. No. 2025-37 § 3, 04-07-2025; Ord. No. 2025-36 § 1, 04-07-2025; Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

T.

Tall Landscape Screen.

1. A row of evergreen trees planted in a minimum 15 foot wide buffer strip, or

2. a mixture of evergreen shrubs planted 36 inches on center and deciduous trees planted 25 feet on center. Deciduous shrubs shall be of species that mature to a height of at least five feet, and evergreen trees shall be of species that mature to an average height of 12 feet.

Tandem Parking. A parking space that can be blocked by another parking space.

Teen Club. A type of indoor recreation and entertainment that is a building, a part of a building, a room or a premises in which entertainment, either live or recorded, vocal or instrumental, is provided, with or without dancing by customers or patrons, for persons between the ages of 13 years and 19 years. A teen club does not include uses operated by public agencies or charitable organizations such as church youth centers, or youth community centers provided for recreation or congregation.

Telecom-Related Definitions. As used in the context of regulation of telecom-related uses in Section 146-3.3.5.JJ, Telecom Facilities, the following terms have the following meanings:

1. Co-Location. The siting of two or more Telecom Facilities of similar or different technologies on the same freestanding support structure that allows appropriate separation of antennae to eliminate radio interference between providers.

2. Equipment Storage Shelter. As used in Telecom Facility regulations, an unmanned structure used for freestanding facilities or, when necessary, roof or building-mounted facilities to house Telecom Facility equipment.

3. Repeater Facility. A Telecom Facility that extends coverage of a cell.

4. Search Area. A geographic area with defined boundaries primarily at or near the center of a potential service area for one Telecom Facility within the context of a provider's network. The area includes any available support structures, existing buildings, towers, electrical transmission towers, monopoles, and vacant land. Final determination of a site is based on topography, zoning, structure height, the ability to obtain an acceptable lease or property, radio frequency, coverage, capacity, and transmission requirements for the proposed Telecom Facility service area.

5. Small Cell Facility. A Telecom Facility used to provide increased wireless capacity as defined by C.R.S. §29-17-402

6. Telecom Facility, Building-mounted. An unmanned facility mounted to an existing structure, on the roof of a building, or on the building face(s) consisting of antennas, equipment, and equipment storage shelter used for the reception, switching, and/or transmission of wireless telecommunications including but not limited to paging, enhanced specialized mobile radio, personal communication services, cellular telephone, and similar technologies. Facilities within this category may include micro-cell or repeater facilities.

7. Telecom Facility, Freestanding Monopole. An unmanned facility consisting of a stand-alone support structure, antennas, equipment, and equipment storage shelter used for the reception, switching, and/or transmission of wireless telecommunications including but not limited to paging, enhanced specialized mobile radio, personal communication services, cellular telephone, and similar technologies.

8. Telecom Facility, Freestanding Stealth. A freestanding Telecom Facility that has been designed to blend in with the adjacent natural environment or man-made setting, thus allowing the presence of antennae, antennae arrays, towers and equipment storage or support facilities to be reasonably camouflaged or concealed by man-made trees, clock towers, bell steeples, light poles, flag poles, signs, or artistic or architectural structures within the context of the existing or planned land use pattern and environment.

9. Telecom Facility, Freestanding Unipole. An unmanned facility consisting of a stand-alone support structure, antennas, equipment, and equipment storage shelter used for the reception, switching, and/or transmission of wireless telecommunications including but not limited to paging, enhanced specialized mobile radio, personal communication services, cellular telephone, and similar technologies, and incorporating designs to mitigate visual impacts of antennas and equipment on the structure. Techniques to accomplish this design include but are not limited to incorporating equipment canister covers, equipment enclosures, or other attachments that will block the equipment from view.

10. Telecom Facility, Tower. An unmanned facility supported, in whole or in part, by guy wires and ground anchors or a self-supporting open frame structure consisting of support structures, antennas, equipment, and equipment storage shelter used for the reception, switching, and/or transmission of wireless telecommunications including but not limited to paging, enhanced specialized mobile radio, personal communication services, cellular telephone, and similar technologies.

Temporary Construction Support Facility. Temporary buildings customary to the construction of residential or non-residential development.

Temporary Event or Sales. A temporary outdoor use of land for the purposes of an event or sale including but not limited to: a circus, carnival, fair, part, or celebration that reasonably may be expected to attract more than 100 persons at any one time; or any sale made by a person, firm or corporation engaging in the temporary business of selling goods, wares or merchandise from a tent, truck, vending cart or other area outside of a permanent structure on property owned or leased by the person, firm or corporation. The temporary event or sale shall be secondary to or incidental to the permitted use or structure existing on the property and not incompatible with the intent of the zone district. This use does not include any temporary use defined separately in Table 3.2-1 (Permitted Use Table).

Temporary Outdoor Food or Merchandise Stand. Any showcase, table, bench, rack, handcart, pushcart, trailer, stall or any other fixture or device that is used for the purpose of selling or offering for sale any food, beverage, or any type of general merchandise, but does not include a Mobile Food Truck. The sale of ice cream and other confection products is specifically provided for in Sections 26-347 and 26-348 of the Aurora City Code. This use shall not be interpreted to prohibit the sale or sampling of items from regularly held events commonly described as "farmer's markets." Temporary lemonade stands and other food and drink stands operated by persons under 18 years of age are not included in this use.

Temporary Structure. A structure that is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Theater. A building designed and/or used primarily for the commercial exhibition of motion pictures to the general public or used for performance of plays, acts, dramas by actors and/or actresses.

Three-Mile Plan. A plan required by Section 31-12-105(e) Colorado Revised Statutes prior to the annexation of lands outside the City boundaries and which generally describes the location, character, and extent of land uses within a three-mile area outside its boundaries and the infrastructure, parks and open space, transportation, water, or other services to be provided by the City.

Title 32/Metropolitan (Metro) District. A special district organized under the provisions of Colorado Revised Statutes Title 32, Special Districts Act, which provides the services specifically authorized by Title 32 and has the powers and authority provided in Title 32. Services authorized by Title 32 are limited to: ambulance, fire protection, health service, metropolitan, park and recreation, sanitation, water and sanitation, water, tunnel, mental health care service, and health assurance. These entities are often referred to as Metropolitan Districts, Metro Districts, or Special Districts.

Tract. An area, parcel, site, piece of land, or property. When shown on a subdivision plat, a tract indicates land that is not included in the boundaries of a developable lot.

Transit Facility. Mass transit stations, including bus or rail terminals/stations or depots, transfer points, and park 'n ride facilities without vehicle repair or storage. This use also includes commercial transit facilities engaged in providing bus passenger transportation over regular routes and on regular schedules, principally outside a single metropolitan area and its adjacent nonurban areas. The term does not apply to shuttle services providing round trip service within 50 miles of the metropolitan area, including but not limited to casino shuttle services. This use does not include any transit related facilities located in the public right-of-way. A transit facility is not an accessory use to a travel agency, and motor bus repair is not an accessory use to a transit facility.

Transit Station. A facility where public transit vehicles load and unload patrons, and where patrons may transfer from between public transit lines. This use is more limited than a transit facility, and does not include park and ride facilities or public transit vehicle repair or maintenance facilities.

Transportation and Freight. A land use category (including individual land uses) that includes establishments engaged in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will call pickups. There is little on site sales activity with the customer present. Accessory uses may include offices, truck fleet parking, and maintenance areas.

Tree. A self-supporting woody perennial reaching a mature height of at least 8 feet. Trees are further classified for the purposes of these standards as ornamental, shade, and street trees.

Tree Mitigation. The offsetting of tree values lost due to development and/or construction activities by replanting or replacing trees.

Turf, Lawn, or Sod. Turf, lawn, or sod shall mean any area of grass where cool-season grasses are cultivated and required to be maintained in a uniform, consistent, and evenly cut condition. (Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

U.

Urban Agriculture. The use of a parcel of land five acres or smaller in size for the cultivation of food and/or horticultural crops, composting, aquaponics, aquaculture and/or hydroponics. This use may include the production of food products from food grown on the premises and accessory keeping of animals or bees subject to City regulations, but does not include cultivation of marijuana.

Use. The purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.

Utilities and Communication. A land use category (including individual land uses) including facilities for the provision of infrastructure or communications services that support legally established uses and that need to be located in or near the area where the service is provided. This use includes communal water supply systems; water treatment and pumping stations; water pumping stations; water storage tanks; communal sewer systems; sewage treatment plants and pumping stations; utility substations, transmission; utility substation, distribution; utility transmission lines, and telecommunications facilities. These facilities may be publicly or privately provided. Accessory uses may include control, monitoring, data, or transmission equipment.

Utility, Major. Generating plants, electrical substations on a lot or lots consisting of five or more acres of land, transmission lines operated at 69,000 volts or higher, switching buildings, refuse collection or disposal facilities, water reservoirs, water or wastewater treatment plants, gas compressors, gas mains, gas laterals, and similar scale facilities, as well as associated structures and facilities, that have relatively greater potential for adverse aesthetic and/or environmental impacts than minor utility facilities.

Utility, Minor. This use includes:

1. Electrical substations on a lot or lots consisting of less than five acres of land;

2. Above ground electrical transmission lines, or underground pipelines, flood control or drainage facilities, transportation or communications utilities, and similar facilities of public agencies or utilities; and

3. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, poles or cables, switch boxes, transformer boxes, cap banks, and underground water and sewer lines.

4. Minor utility facilities generally do not have employees on-site, and the services may be publicly or privately provided. (Ord. No. 2019-49 § 1, 08-19-2019)

V.

Vehicle. Any device that is capable of moving itself or being moved from place to place upon wheels or tracks, as well as devices capable of being moved on or through water or air, such as boats or airplanes, but such term shall not include any device designed to be moved by muscular power.

Vehicle Fleet Operations Center. A central facility for the distribution, storage, loading and repair of fleet vehicles, with or without associated dispatch services and offices. Typical uses include, but are not limited to, ambulance service, taxi dispatch, meals-on-wheels dispatch, and other operations that require frequent coming and going of cars or vans such as courier, delivery, and express services, cleaning services, key and lock services, security services, and taxi services.

Vehicle, Motor. A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle.

Vehicle-Related Operation. A land use category (including individual land uses) that includes a broad range of uses for the maintenance, sale, or rental of motor vehicles and related equipment. Accessory uses may include incidental repair and storage and offices.

Veterinary Clinic and Hospital. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals. All facilities for housing animals shall be only for use incidental to medical treatment.

View Corridor. Designated areas associated with streets, particular land uses, or any City-designated trail corridor, public park, or recreational facility, where significant features can be seen in the background resulting in special design approaches or requirement to protect the view of those features. View corridors can be used to plan in or around areas with particular historic value. (Ord. No. 2019-49 § 1, 08-19-2019)

W.

Waste and Recycling. A land use category (including individual land uses) that includes establishments that receive solid or liquid wastes from others for disposal on the site or for transfer to another location. The category includes uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material or processing of scrap or waste material. Waste and Recycling uses also include uses that recycle materials and receive hazardous wastes from others. Accessory uses may include offices, and repackaging and shipment of by-products.

Water Feature. Any permanent natural or artificial collection or display of water as an amenity.

Wetlands. Areas having: (i) hydric soils (in the area or close by if area has been under agriculture), (ii) associated water-adapted hydrophytic plant materials, and (iii) natural surface inundation of water for 15 consecutive calendar days of the growing season or soils naturally saturated to the surface for 21 consecutive calendar days of the growing season. All three criteria shall be present to meet this definition.

Wildlife Habitat. Specific geographic areas that provide the physical and biological features needed for life and successful reproduction of plant or animal species.

Wind Energy System, Large. A large wind energy conversion system that has an output rating greater than 100 KW that converts wind energy into electrical power for the primary purpose of sale, resale, or off-site use.

Wind Energy System, Small Ground-Mounted. A small wind energy conversion system, mounted to the ground, that has a rated capacity of 100 KW or less and is an accessory use within a zone district. The small wind system shall support the energy needs of the principal use on the site.

Wind Energy System, Small Roof-Mounted. A small wind energy conversion system, mounted to a rooftop, that has a rated capacity of 100 KW or less and is an accessory use within a zone district. The small wind system shall support the energy needs of the principal use on the site.

Window Pane. A plate glass surrounded by a framework.

Winery. An establishment that manufactures vinous liquors, and that may include a restaurant or a sample venue that sells the winery's products, including retail sales, and as allowed under Article 47, Title 12, of the Colorado Liquor Code. (Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

X.

Xeric Plants. Xeric, xeriscape, drought tolerant, or drought resistant landscaping and/or plant species shall mean plant species that can survive on one half-inch to one inch of water per week and are listed in the reference materials found in this UDO or the landscape manual.

Xeriscape. A landscaping method typically used in arid or semi-arid climates that considers individual site conditions, soils and the use of specific water conserving plants, mulch and efficient irrigation to maximize water usage. (Ord. No. 2019-49 § 1, 08-19-2019)

Y.

Yard. That portion of a site not occupied by a building housing the principal and accessory uses.

Yard, Front. The open space on the same site with the building between every point on the front of such principal building and the front lot line of the site, extending the full width of the site, and measured perpendicularly to the building at the closest point to the front lot line. On a corner lot, the open space adjacent to the shorter street right-of-way shall be considered the front yard.

Yard, Rear. The open space on the same site with the building between the rear line of the principal building and the rear line of the site, extending the full width of the site, and measured perpendicular to the building at the closest point to the rear lot line.

Yard, Required. The open space between a lot line and the yard line within which no structure shall be located except as provided in this UDO.

Yard, Side. The open space on the same site with the principal building situated between the building and the side line of the site and extending from the front yard to the rear yard. If a side yard fronts a street, then an accessory structure must be set back an equal distance as the required front yard.

Figure 6.2-12: Yard, Side

(Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)

Z.

Zone (or Zone District). A specifically delineated area or district in the City within which regulations and requirements in this UDO govern the use, placement, spacing, and the size of land and buildings. A Subarea of a zone district is a defined area within a named base or overlay zone district within which different permitted uses or development standards apply. Examples are the Main Street and General subdistricts of the MU-OA zone district, and the Core and Edge subdistricts of the MU-TOD district.

Zone Lot. A designated single parcel of contiguous land occupied by or capable of being occupied by a use or structure, the area of which is contained within the boundaries of one or more contiguous ownerships. (Ord. No. 2020-37 § 39, 10-05-2020; Ord. No. 2020-15 §§ 23, 24, 05-21-2020; Ord. No. 2019-49 § 1, 08-19-2019)