The words and terms used, defined, interpreted, or further described in this title may be construed as follows:

A.

The particular controls the general.

B.

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

C.

Words used in the present tense include the future unless the context clearly indicates the contrary.

D.

Words used in the singular include the plural, and words used in the plural include the singular unless the context clearly indicates the contrary.

E.

Terms not defined herein shall have the meanings customarily assigned to them in common, ordinary usage, except that legal or technical terms shall be interpreted in their legal or technical sense.

(Ord. No. 21-2022, § 8, 12-19-22)

"Abut" means the condition of two (2) adjoining properties having a common property line or boundary, including cases where two (2) or more lots adjoin only on a corner or corners. The condition shall not apply to properties separated by a street right-of-way.

"Agriculture" means the business of cultivating the land or employing it for the purpose of raising all livestock and poultry, as well as the caring for and harvesting of crops.

"Alley" means a minor or secondary right-of-way, either public or private, which is used primarily for vehicular service access to the back or side of properties otherwise abutting a street and which may be used for public utility purposes.

"Amenity zone" means that portion of the public right-of-way, adjacent to the sidewalk but outside the pedestrian walking area, which includes streetscape elements, street furniture, landscaping, and/or street trees.

"Amusement and entertainment facility, indoor" means a commercial facility providing athletic or amusement services such as yoga, game courts, exercise equipment, locker rooms, training studios, saunas, pro shop, laser tag, miniature golf, skating rink, arcade, escape room, bowling alley, movie theater, trampoline park, or bounce houses.

"Amusement and entertainment facility outdoor" means a commercial facility providing outdoor athletic or amusement services such as game courts, golf driving range, miniature golf, skating rink, or amphitheater.

"Animal" means any living thing that is not a plant; generally capable of voluntary motion and sensation; a living organism. Animals include, but are not limited to snakes, fish, birds, fowl, small mammals, hoofed animals, etc.

"Animal, dangerous or poisonous" means any living thing that has the ability or capability to harm human health when in proximity to humans.

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

"Animal hospital" means a veterinary hospital where animals are brought for medical treatment and may be housed during the time of such treatment.

"Apartment" means a part of a building consisting of a room or suite of rooms intended, designed or used as a residence by an individual or a single family and located in a multiple-family dwelling or a mixed-use building.

"Apiary" means the place where one (1) or more bee colonies are kept.

"Applicant" means the owner or duly designated representative of land for which a special review, amendment, variance, PUD, building permit or certificate of occupancy has been requested.

"Artisan manufacturing" means small-scale businesses that produce artisan goods or specialty foods, primarily for direct sales to consumers, such as artisan leather, glass, wood, paper, ceramic, textile and yarn products, specialty foods and baked goods. This land use includes the design, processing, fabrication, assembly, treatment and packaging of products as well as the incidental storage, sales and distribution of such products.

"As-built drawings" means a drawing, or series of drawings, that depict improvements as they were actually constructed, and that are drawn to the same scale, with the same detail, accuracy, format and form as the drawings that were submitted for original approval. All drawings shall be signed and stamped by a qualified Professional Engineer licensed in the State of Colorado.

"Association" means a unit owners' association organized under C.R.S. § 38-33.3-301 et seq., or any other applicable state statute, and may include an organization established to own and maintain common open space.

"Automated fueling center" means an unattended establishment exclusively for the fueling of commercial vehicles.

(Ord. No. 3-2024, §§ 15, 16, 8-5-24)

"Bakery/café" means an establishment primarily engaged in the retail sale of baked products for consumption off site. The products may be prepared either on or off site. Such use may include incidental food service.

"Bar/tavern" means an establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where prepared or packaged foods may be available for consumption on the premises.

"Bed and breakfast" means a portion of a residential building where lodging and meals are provided for a period less than thirty (30) days and where the owner also occupies the property as their residence.

"Bee" means any stage of the common domestic honeybee, Apis mellifera species.

"Beekeeper" means any person who owns or maintains a bee colony.

"Beekeeping" means the owning and breeding of bees.

"Best management practices" or "BMPs" has the same definition as in Chapter 20.10 of this code.

"Block" means a unit of land, or a group of lots, bounded by streets or by a combination of streets and public lands, or other rights-of-way other than an alley, waterways or any barrier to the continuity of development, or land which is designated as a block on any recorded subdivision plat.

"Boarding or rooming house" means a residential structure, or portion thereof, where lodging and where five (5) or more rooms are available for rent. Meals may be provided and the kitchen may be used by all renters.

"Brew pub" means a microbrewery that has a restaurant or tasing room located on site which allows visitors to consume the beverages and/or prepared food produced on-site.

"Brewery/winery/distillery" means an establishment primarily engaged in brewing fermented malt beverages including beer, ale, malt liquors, and nonalcoholic beer (brewery), manufacturing and bottling wine on the premises (winery), or manufacturing, by distillation, intoxicating spirits on the premises (distillery).

"Building" means any roofed structure built for the shelter or enclosure of persons, animals, chattels or property of any kind.

"Building, accessory" means any building, other than the principal building or use, that is secondary and incidental to, subordinate in area, extent or purpose to the principal building or use served or required for the principal building or use of the premises and is located on the same zoning lot as the principal building or principal use.

"Building height" means the vertical distance measured from the lowest point of elevation of the finished surface of the ground within the area between the building and a point five (5) feet from the exterior wall of the building to the uppermost point of the roof.

"Building footprint" means the outline of the total area covered by a building's perimeter at ground level, including residences, garages, covered carports and porches, and accessory structures.

"Building, principal" means a building in which is conducted the main or principal use of the lot on which said building is situated.

"Bulk fuel dealer" means an establishment that sell fuels which, by their nature, are flammable, explosive, or toxic, to businesses and households for transportation, heating, and business purposes which include, but may not be limited to, propane gas sales, heating oil dealers, liquefied petroleum gas dealers, coal, wood, or other fuel dealers. This definition does not apply to propane refill services typically located at retail businesses.

"Business park" means a development which contains a number of separate office buildings, accessory and supporting uses, and open space all designed, planned, constructed, and maintained on a coordinated basis.

"Caliper" means a measurement of the size of a tree equal to the diameter of its trunk measurement one-half (0.5) foot above natural grade. This term is used for trees in a nursery setting.

"Cemetery" means land which is used for the interment of the dead, including earth interments, a mausoleum for crypt interments, a columbarium for cinerary interments or a combination of more than one thereof.

"Child care center" means a state-licensed facility maintained for the care of children and as further defined by the Colorado Revised Statutes, including, but not limited to, day camps, nursery schools, day care, preschools and playschools.

"Child care home, family" means a state-licensed facility for child care in a place of residence for the purpose of providing family care and training for children and as further defined by the Colorado Revised Statutes.

"Residential child care facility" means a state-licensed institution for the care of minor children in a non-family setting and as further defined by the Colorado Revised Statutes.

"Clinic, medical or dental" means an establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals.

"College or university" means an educational institution authorized by the State of Colorado to award associate or higher degrees.

"Code" means the Cañon City Municipal Code.

"Cold frame" means a structure used in gardening that utilizes solar energy and insulation to create an insulated environment for the cultivation of plants.

"Colony" means a hive and its equipment and appurtenances, including bees, comb, honey, pollen and brood.

"Colorado Revised Statutes (CRS)" means the Colorado Revised Statutes as amended.

"Commercial" means the activities and transactions of business, industry and trade; the purchase and sale of goods and merchandise as well as providing professional and personal services to the general public.

"Common elements" means:

• In a condominium or cooperative, all portions of the condominium or cooperative other than the units; or

• In a planned community, any real estate within a planned community ownedor leased by the association, other than a unit. (See Section 38-33.3-103(5), C.R.S.)

"Common interest community" means real estate described in a declaration with respect to which a person, by virtue of such person's ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in a declaration. Ownership of a unit does not include holding a leasehold interest in a unit of less than forty (40) years, including renewal options. The period of the leasehold interest, including renewal options, is measured from the date the initial term commences. (See Section 38-33.3-103(8), C.R.S.)

"Community marijuana cultivation facility" means a premises licensed to provide designated restricted access areas for the cultivation of marijuana for personal use and provide limited assistance to those individuals cultivating marijuana within the facility.

"Community garden" means a site where any kind of plant, including flowers but excluding marijuana, is grown, and several individuals or households cultivate the site. The site may be divided into individual allotments, or gardeners may work together to cultivate the entire property. The land may be publicly or privately owned. The plants are grown for personal use by the gardeners or for donation.

"Common open space" means a parcel of land, an area of water, or a combination of land and water within the site designated for a planned development (PD) or subdivision, designed and intended primarily for the use or enjoyment of residents, occupants and owners of the PD or subdivision. [See § 24-67-103(1), C.R.S.]

"Comprehensive plan" means the master plan for the City which has been officially adopted to provide long-range development policies for the City and which includes, among other things, the plan for land use, public facilities and transportation.

"Condominium" means a common interest community in which portions of the real estate are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners. (See Section 38-33.3-103(9), C.R.S.)

"Condominium unit" means a unit within a condominium.

"Cul-de-sac" means a street open at one (1) end only, with a radius bulb for the turning around of vehicular traffic on the other end. The construction of the turn-around radius must be as described in the standard construction specifications, with no exceptions.

"Cultivation" means all steps or stages in the process of producing, developing, tending, and keeping a marijuana plant through harvest (or, in the alternative, to serve as a "mother plant") including, but not limited to, planting, germination, cloning, vegetative growth, flowering, and harvest.

"Declaration" means any recorded instruments, however denominated, that create a common interest community, including any amendments to those instruments and also including, but not limited to, plats and maps. [See § 38-33.3-103(12), C.R.S.]

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

"Detention basin" means a man-made or natural water collector facility designed to collect surface and sub-surface water in order to temporarily retard excess peak storm runoff, and to release the same gradually at a rate not greater than the rate prior to the development of property, into natural or manmade outlets.

"Development" means any man-made change to improved or unimproved real estate, including but not limited to the alteration, construction, reconstruction, conversion, or enlargement of any structure; and change in use of a property, building, or structure; and any mining, dredging, filling, grading, paving excavation or drilling operation. The term "development" shall include the act of subdivision, unless otherwise expressly excluded.

"Development agreement" means an agreement between the City and a developer of real property in the City which, at a minimum, identifies or describes infrastructure improvements, which may be on- and/or off-site, that the developer is obligated to design, install and construct in accordance with applicable City standards and to guarantee for a designated warranty period.

"District" means an area or areas within the limits of the City for which the regulations and requirements governing use, lot and bulk of building and premises are uniform.

"Drive aisle" means an area within a parking area that consists of lanes providing access to parking spaces or stalls.

"Drive through" means an establishment that dispenses products or services to patrons who remain in vehicles.

"Dwelling, single-family" means a detached principal building designed and used as a dwelling exclusively by one (1) family as an independent living unit.

"Dwelling, two-family" means a residential building containing two (2) attached dwelling units, each of which has direct access to the outside.

"Dwelling unit" means one (1) or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family, or multifamily dwelling or a mixed-use building. The term "dwelling unit" does not include: living quarters furnished in a hotel or motel for which a daily rental rate is charged; motor homes, trailers, or other recreational vehicles using the facilities of a recreational vehicle park; or hospital rooms or living quarters in a nursing home certified as such by the State of Colorado.

"Easement" means an interest in real property that establishes the right to use the property for certain purposes, such as utilities installation, access, drainage, and maintenance. Ownership of the underlying land remains with the owner, not the easement holder.

"Elementary school" means any school, whether public or private, which meets the State of Colorado requirements for formal education in grades kindergarten through eighth.

"Employees" means all persons, including proprietors, working on the premises, the number of which shall be calculated upon the largest shift at peak season.

"Exotic animal" means any animal that is not commonly domesticated or that is not common to North America or that, irrespective of geographic origin, is of a wild or predatory nature.

"Family" means either:

• An individual or two (2) or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit.

• A group of not more than eight (8) adult persons who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; plus in either case, domestic help or caregiver.

"Farmers' market" means a seasonal, open-air market where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages from open, enclosed or semi-enclosed temporary structures.

"Farm stand" means a small, open-air, temporary structure that is not permanently affixed to the ground and that is readily removable in its entirety, from which agricultural products produced on the premises are sold.

"Fence" means a freestanding structure of metal, masonry, composition or wood, or any combination thereof, resting on or partially buried in the ground and rising above ground level, used for confinement, screening or partition purposes.

"Field" means open land where grass and herbage is grown which is periodically cut and gathered as feed for livestock.

"Final plat" means a final plat of a proposed major or minor subdivision intended to be recorded with the Clerk and Recorder of the county in which the land shown on the diagram, plan or map is located.

"Flags" means a temporary sign made of cloth or lightweight material attachable by one (1) edge to a building or affixed to a pole directly attached to a building. Flags shall not include a pennant sign.

"Flea market" means a seasonal, open-air market where groups of individual sellers offer for sale to the public primarily secondhand goods from open, enclosed or semi-enclosed temporary structures.

"Floodway" means the same as defined in Title 21 of this Code.

"Food cart or truck" means a readily movable wheeled structure, a motorized vehicle, a towed wheeled vehicle, or a pushcart that is equipped and operated for the purpose of vending food and/or drink, and accessory advertising of food.

"Foster care home" means a state-licensed home used for the housing of minor children in a family-type setting and as further defined by the Colorado Revised Statutes.

"Foundation, permanent" means a professional engineered foundation design per the International Building Code or International Residential Code and placed below ground level to a point below the frost line upon which a building or structure is permanently attached.

"Frontage" means that portion of a lot, parcel, tract or block abutting upon a street or public right of way other than an alley.

(Ord. No. 5-2022, § 9, 2-21-22; Ord. No. 3-2024, § 17, 8-5-24)

A.

Purpose and Legislative Declaration. The City Council finds and determines as follows:

1.

Pursuant to Article XX, Section 6 of the Colorado Constitution, the City is a Colorado home rule municipality, and as such has that organic authority derived from Article XX, Section 6 of the Colorado Constitution;

2.

The City has the home rule power and authority to enact legislation on matters of purely local concern that preempt and supersede State legislation;

3.

Zoning is, and has many times been declared and affirmed by the Colorado Supreme Court to be, a matter of purely local concern, and the purpose of this Section is to state the City's intent to zealously assert its home rule authority to enact local zoning and subdivision regulations which supersede and preempt State legislation regulating zoning and subdivision as matters of purely local concern, because the City Council of the City of Cañon City is in the best position to legislate on how best to accomplish the increased availability of housing within the corporate limits of the City;

4.

Colorado House Bill 24-1007 purports to prohibit municipalities from limiting housing occupancy based on familial relationships through the codification of C.R.S. § 29-20-111;

5.

The City Council has promulgated certain limits on housing occupancy consistent with the City's zoning needs and objectives to protect the health, safety and welfare of its residents;

6.

Such limits include the number of people who may live together in a single dwelling based on familial relationship; and

7.

The City Council therefore finds and declares that the limit on housing occupancy promulgated in the Cañon City Municipal Code is in furtherance of the health, safety and welfare of the City on a matter of purely local concern, notwithstanding the provisions of C.R.S. § 29-20-111.

B.

The State has not proven that regulation of housing occupancy requirements is a mixed statewide and local concern:

1.

The State fails to demonstrate the need for statewide uniformity. Instead, Colorado House Bill 24-1007 forwards a policy outcome without any justification or citations to State law requiring statewide uniformity on the zoning issue.

2.

The State does not attempt to prove that housing occupancy has extraterritorial impacts such that regulation of housing occupancy by the State is specifically necessary to remedy any extraterritorial impacts.

3.

The State ignores that zoning is a matter traditionally regulated by home rule municipalities as a purely local concern.

4.

The State ignores that the Colorado Constitution and nearly a century of caselaw specifically find and declare that zoning is a matter of purely local concern.

C.

Housing Occupancy Limits. The City is aware of the passage of Colorado House Bill 24-1007, codified in C.R.S. § 29-20-111. The City rejects the assertion that the subject matter of C.R.S. § 29-20-111 is a matter of mixed statewide and local concern and determines that C.R.S. § 29-20-111 is expressly superseded and preempted within the City by the Cañon City Municipal Code, specifically at its definition of "Family" in Section 17.13.070.

(Ord. No. 13-2024, Exh. A, 12-16-24)

"Garage" means an accessory building or accessory portion of the principal building designed for the shelter or storage of motor vehicles or personal property.

"Gasoline station" means a building or premises on or in which the principal use is the dispensing of gasoline, oil or other fuel for motor vehicles by self serve or assisted service means which may include, as incidental use only, facilities used for polishing, greasing, washing or otherwise cleaning or light servicing of motor vehicles, but may not include liquefied petroleum gas distribution facilities, facilities for major repairs of motor vehicles or rental operation.

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

"General research facilities" means an establishment which conducts research, development, or controlled production of high-technology electronic, industrial, or scientific products or commodities for sale or laboratories conducting educational or medical research or testing. This term includes but is not limited to a biotechnology firm or a manufacturer of nontoxic computer components.

"General retail" means a facility in which the retail sale of products to the general public are offered, sometimes with provision of related services.

"General services" means an establishment primarily engaged in rendering services to individuals and business establishments which services cannot be categorized into one of the other defined service use categories in this title. The services are typically provided without the retail sale of products or which such product sales are incidental to the service-driven purposes of the establishment, such as a beauty salon or barber shop or small appliance shop.

"Government uses, indoor" means an indoor facility owned, operated, or occupied by a governmental agency to provide a governmental service to the public, such as City Hall.

"Government uses, outdoor" means an outdoor facility owned, operated, or occupied by a governmental agency to provide a governmental service to the public, such as a water tower or public works yard.

"Grade" means:

• The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or, where the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building; or

• The degree of rise or descent of a sloping surface.

"Grade, finished" means the final elevation of the ground surface after development.

"Greenhouse" means a structure used to cultivate flowers, shrubs, trees and plants (other than marijuana plants) for non-commercial purposes.

"Greenhouse, commercial" or "commercial greenhouse" means a structure used to cultivate flowers, shrubs, trees and plants (other than marijuana plants) for sale at wholesale or retail or for transplanting.

"Gross floor area" or "GFA" means the total enclosed floor area of all floors of a building measured from the exterior faces of exterior walls and from the center line of walls separating buildings, including basements, lobbies, common area, storage areas, stairwells, equipment room sand other fully enclosed spaces of the building. GFA does not include non-enclosed areas like plazas, loading docks, covered parking areas, balconies and the like.

"Group home" means housing occupied by groups of unrelated individuals with disabilities or otherwise in need of living assistance.

"Hard or soft surface pedestrian or equestrian trails" means a pathway, which may be paved or un-paved, and is physically separated from motorized vehicular traffic by an open space or barrier and is either within the highway right-of-way or within an independent tract, or easement. Activities may include walking, hiking, jogging, horseback riding, bicycling, and roller skating.

"Hedge" means a boundary formed by a dense row of shrubs or low trees.

"Historic site" means the same as defined in Chapter 12.30 of this code.

"Hive" means a structure intended for the housing of a bee colony.

"Home based business" means any business run from a dwelling or accessory building, provided the residential character of the building is maintained and the occupation is conducted in such a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term, nor infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their homes.

"Hospital" means any building or portion thereof used for diagnosis, treatment and care of human ailments but not including medical clinics, rest homes, convalescent homes, nursing and retirement homes.

"Hospital heliport" means an area located in close proximity to a hospital emergency room or a medical facility that is designed to be used for the landing and taking off of helicopters for the limited purpose of transporting patients in need of medical services and for such training as is permitted or required by law.

"Hotel" means an establishment which is not a bed and breakfast and does not occur in residential structure that provides temporary lodging of less than thirty (30) days in guest rooms, and in which meals, entertainment and various personal services for the public may or may not be provided.

"Household pets" means animals, birds, reptiles, or fish which are permitted in the house as a custom of the community and kept for companionship or pleasure.

RESERVED

"Junkyard" means an area of land within any district, with or without buildings, used for or occupied by an accumulation, collection, deposit or storage, outside a completely enclosed building, of used, second hand or discarded goods and materials which are no longer in use or cannot be put to immediate use for the purpose originally intended, including, but not limited to, paper, rags, rubbish, household trash, bottles, tires, home furnishings, machinery, scrap metal, appliances, building materials, vehicle parts and unsheltered inoperable motor vehicles.

"Kennel" means a commercial facility licensed by the Colorado Department of Agriculture to house dogs, cats or other household pets, and where selling, transferring, adopting, breeding, boarding, training, sheltering and/or rescuing of animals may be conducted.

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

"Licensed medical marijuana facility" means as defined in Section 5.56 of the Cañon City Municipal Code.

"Light industry" means the assembly, processing, fabrication and manufacturing of goods that uses only moderate amounts of materials in production and/or has few, if any, environmental impacts.

"Livestock" means horses, cattle, goats, sheep, donkeys, chickens, ducks, rabbits and any similar animal commonly kept on a farm or ranch. Animals such as llamas, alpacas, yaks, ostriches, emus, pot-bellied pigs and other less commonly kept animals are considered to be livestock for purposes of this Code.

"Lot" means a parcel of land shown as a lot on a recorded plat, a parcel of land described by metes and bounds on a recorded deed.

"Lot area" means the area of a horizontal plane bounded by the front, side and rear lot lines.

"Lot, corner" means a lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street and where in either case, the interior angle formed by the intersection does not exceed one hundred thirty-five (135) degrees. Corner lots do not have two (2) front yards. See also "lot line, front."

"Lot coverage" means that percentage of lot area which, when viewed from directly above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves.

"Lot depth" means the distance between the midpoints of the front lot line and the midpoint of the rear lot line.

"Lot, double-frontage" means a lot which runs through a block between two (2) streets and has two (2) nonintersecting sides abutting two (2) or more streets.

"Lot, interior" means a lot other than a corner lot.

"Lot, nonconforming" means a lot, the area, dimensions, or location of which was lawful prior to January 1, 2006 which no longer conforms to the zoning standards because of said revision or amendment.

"Lot line, front" means the property line abutting a point of public access, off of which access the principal structure occupying the lot is addressed.

"Lot line, interior side" or "interior side lot line" means a property line other than a front or rear property line which does not abut a public right-of-way but is a common property line between adjoining lots.

"Lot line, rear" means, except on a double-frontage lot, the property line opposite the front lot line.

"Lot line, street side" means the secondary property line of a corner lot which is abutting public right-of-way but is not the right-of-way off which the principal structure occupying the lot is addressed.

"Lot width" means the distance on a horizontal plane between the side property lines of a lot, measured at right angles to the line establishing the lot depth at the building setback line.

"Lot of record" means a lot which was legally created and/or defined and illustrated on a plat, map or deed that was recorded in the records of the County Clerk and Recorder prior to the adoption of subdivision regulations by the City.

"Maintenance facilities" means an establishment providing routine maintenance of buildings. This term includes but is not limited to a window washing, building cleaning, pest extermination, or disinfecting service.

"Major thoroughfare plan" means an element of the City's Comprehensive Plan, as amended, showing locations and designated right-of-way widths and design standards for principal trafficways.

"Manufactured home" means a dwelling unit built on or after June 15, 1976, and in compliance with the Department of Housing and Urban Development's Manufactured Home Construction and Safety Standards, which is fabricated in one (1) or more sections at a location other than the home site by an assembly line-type production technique or by other construction methods unique to an off-site manufactured process. Every section shall bear a label certifying that it was built in compliance with the Federal Manufactured Home Construction and Safety Standards Act of 1974 (UBC).

"Marijuana" means 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 marijuana concentrate. 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 which 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.

"Materials recovery facility" means a specialized plant that receives, separates, and prepares recyclable materials for marketing to an end-use manufacturer.

"Medical marijuana cultivation for personal use" means the cultivation of marijuana plants for medical purposes for personal purposes by the operator and licensed pursuant to Chapter 5.56 of the City of Cañon City Municipal Code and the State of Colorado.

"Microbrewery" means a facility for the production of malt beverages of low alcoholic content whose production capacity is no more than five thousand (5,000) barrels per year.

"Minor-operated business" means a business solely operated by persons under the age of eighteen (18) for no more than one hundred eighty (180) days in any calendar year.

"Mixed-use development" means a concept that allows commercial, office, employment center, residential development, and, in some cases, industrial uses to occur independently on separate parcels or to coexist jointly under a unified business development plan; all of which occur within a specifically designated zoning district with the desired outcome producing different types of land uses in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.

"Mobile home" means a single-family dwelling built before June 15, 1976, that is on a permanent chassis, is designed for long-term residential occupancy; contains complete electrical, plumbing, and sanitary facilities; is designed to be installed in a permanent or semipermanent manner with or without a permanent foundation; and is capable of being drawn over public highways as a unit or in sections by special permit.

"Mobile home park" means a residential development, licensed by the City, which is located on property under single parcel ownership, and which is designed and intended primarily for two (2) or more mobile homes, each placed upon a mobile home rental pad within a mobile home rental space with utility hookups provided, and which is arranged for operation by on-site management as defined in CRS 38-12-201.5(1.5).

"Mobile home subdivision" means a residential development primarily for manufactured homes, modular homes and mobile homes, wherein individual lots are under separate ownership and any common areas are owned by a homeowners association or other entity, or by the individual lot owners in undivided interests.

"Mobile home rental space" means a parcel of land within a mobile home park for which rent is paid, and includes the area covered by the rental pad, additions or extensions to the mobile home, porches, decks, patios, awnings, carports and garages, accessory structures, off-street parking spaces and private yard.

"Modular home" means a structure designed to be transported after fabrication and located as a permanent addition to and becoming a part of the real property. Such a structure must meet the minimum construction requirements of the International Residential Code, the Plumbing and Electrical Code as enforced by the State of Colorado and shall be certified by the Colorado Division of Housing. Such structure must be set on a permanent foundation and is subject to all local building, zoning and housing regulations. A mobile home shall not be considered a modular home.

"Motel" means a building or group of buildings on the same lot containing guest units consisting of individual sleeping quarters, detached or in connecting rows, with or without cooking facilities, for short-term rental.

"Multifamily dwelling, building" means a building used by three (3) or more families living independently of each other in separate dwelling units, including townhouses, apartments and condominiums, but not including hotels, motels, resorts or group accommodations.

"Multifamily dwelling, complex" means a development consisting of more than one (1) multifamily dwelling building.

"Nursery" means a place where young trees, shrubs and plants are cultivated for sale or other commercial use.

"Openly and publicly" means activity that is observable by the public or a substantial number of the public, which occurs in a place to which the public or a substantial number of the public has access without restriction, including but not limited to streets and highways, transportation facilities, places of amusement, parks, playgrounds, and the common areas of buildings and other facilities. "Openly and publicly" does not include any activity occurring on private residential property by the occupant or his or her guests.

"Open space, common" means a parcel of land, an area of water, or a combination of land and water within the site designated for a planned unit development planned development or subdivision, designed and intended primarily for the use or enjoyment of residents, occupants and owners of the planned development or subdivision. (See Section 24-67-103(1), C.R.S.)

"Outdoor activity/operation, permanent" means the subordinate use of a zoning lot for sustained and continuous outdoor use customarily incidental to the primary use of the zoning lot within an enclosed structure, such as, by way of illustration and not of limitation, outdoor operations like a rail switching, staging or sorting yard.

"Outdoor activity/operation, temporary" means the use of a zoning lot for outdoor use for less than three (3) continuous months, such as a lot used for the seasonal sale of pumpkins and gourds or Christmas trees.

"Outdoor dining" means the use of an adjacent, outside area by a food or beverage establishment for on-premises consumption, for the same eating and drinking activities that occur within the establishment including, without limitation, the service and consumption of alcoholic beverages.

"Outdoor retail sales, permanent" means all land uses which conduct sales, display sales or rental merchandise or equipment outside of an enclosed building. Example of such land uses include vehicle sales, vehicle rental, manufactured and mobile housing sales and monument sales. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard.

"Outdoor retail sales, temporary" means all land uses which conduct periodic and impermanent sales, display sales or rental merchandise or equipment outside of an enclosed building.

"Outdoor storage, permanent" means land uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. Such a land use, in which any activity beyond loading and parking is located outdoors, is considered an outdoor storage land use. Examples of this land use include contractors' storage yards, equipment yards, lumber yards, coal yards, landscaping materials yard, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard.

"Outdoor storage, temporary" means the outside storage or display of materials, supplies, goods or manufactured products, equipment, machinery, vehicles, and pallets for more than a twenty-four (24) hour period but for a continuous period of less than three (3) months.

"Outline lighting" means an arrangement of incandescent lamps, light emitting diodes (LEDs) or other electrically powered light sources, in a string, rope, or similar configuration that calls attention to the outline or decoration of a window or outlines other architectural features.

"Outlot" means a measured piece of land contained within a subdivision that is not a building lot. An outlot may be conveyed to a public entity for use as open space or other public purposes, be retained by the developer for later subdivision, or be conveyed to an owners association. An outlot is not necessarily required to front on a public street, but in the case where it does not, it must be accessible by way of an adequate easement.

"Overlay zone" means a separate zoning district that superimposes additional regulations or specific development criteria on a parcel of land in a particular zone district pursuant to Chapter 17.02 of this UDC.

"Owner" means the owner or titleholder of any fee, leasehold, or possessory interest in property subject to the requirements of this title, and shall include any agent, representative, person, or entity duly authorized by the owner to act on the owner's behalf.

"Parcel" means any part or portion of land that may or may not be subdivided or improved.

"Parking" means the standing of a vehicle, whether occupied or not, other than very briefly for the purpose of and while actually engaged in loading or unloading property or passengers.

"Parking area island" means a raised and typically landscaped expanse within a parking lot that separates parking bays from one another, breaks up large expanses of paved area and helps to delineate parking spaces and drive aisles.

"Parking areas" means a parking lot that is intended for vehicular parking.

"Parking, off-street" means parking of motor vehicles off the public right-of-way.

"Parking pad" means an off-street parking area adjacent to a driveway and/or garage.

"Parking space" means the required area for parking of motorized vehicles off the public right-of-way in compliance with Chapter 17.06 of this UDC.

"Pawn shop" means an establishment primarily engaged in the business of lending money on the deposit or pledge of any article or jewelry, or purchasing any article or jewelry with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price, and which is licensed as a pawnbroker by the state of Colorado.

"Pennant sign" means a sign, constructed of a lightweight flexible material, suspended from a rope, wire or string in series of individual pennants, and designed to move in the wind. This definition does not include flags.

"Person" means every natural person, firm, partnership, association or corporation.

"Personal/mini storage" means land uses oriented to the indoor storage of items entirely within partitioned buildings having an individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis.

"Phase" means a stage of development that includes platting of lots, engineering, and development of infrastructure for a portion of a larger development.

"Place of assembly" means a building or outdoor area wherein individuals or groups of people gather for an attraction or service, such as but not limited to, community centers, fraternal or civic organizations, lodges, libraries, museums, municipal buildings, auditoriums, or religious institutions.

"Place of worship" means a building, together with its accessory buildings and uses, where persons regularly assemble for religious purposes and related social events. The buildings and uses are maintained and managed by a religious body organized to support religious activities and purposes. While a private home may host a religious activity, such as a prayer group or Bible study, it shall not be covered by this definition unless the home is maintained and managed by a religious body.

"Planned development plan" means the application which consists of the development guide, the general development plan, the graphic documents and any additional information required by the Zoning Administrator for a proposed planned development district plans designation.

"Planned development" or "PD plan" means a specialized type of subdivision approval that provides greater design flexibility by allowing deviations from the typical development standards required by the Zoning Code, including setbacks, lot area, lot width, lot coverage, and off-street parking requirements, with the intention of encouraging better designed projects than can sometimes be accomplished through compliance with all development requirements, in exchange for providing greater benefits to the community.

"Planning area" means an area within a planned development district or overlay, as shown on the approved general development plan, which has designated specific uses and which may be subject to restrictions and limitations in the approved planned development district plan applicable to such planned development district.

"Plat" means a subdivision map prepared in accordance with the requirements of this UDC and C.R.S. § 38-51-106 which establishes blocks, lots, streets, easements and other necessary parcels of land, and/or individual air space boundaries and building locations where applicable, in order to easily identify ownership and restrict development to a specific approved plan and is an instrument for recording of real estate interests with the Fremont County Clerk and Recorder.

"Porch" means a structure attached to the entrance of a dwelling unit that has a roof, is open at the front and one (1) or both sides, and does not add habitable space to the dwelling unit.

"Portable outdoor storage device" means any item designed and used as follows: a container which is delivered to a property, which is filled with household items or other non-trash materials, and which the container and its contents are subsequently transported to another location.

"Primary residence" means the place that a person, by custom and practice, makes his or her principle domicile and address and to which the person intends to return following any temporary absence, such as vacation. Residence is evidenced by actual daily physical presence, use and occupancy of the primary residence and the use of the residential address for domestic purposes, such as, but not limited to, slumber, preparation of and partaking of meals, regular mail delivery, vehicle and voter registration, or credit, water and utility billing. A person shall have only one (1) primary residence.

"Private" means confined to or belonging only to the person(s) immediately concerned; not of an official, public or commercial nature and not accessible to the general public.

"Professional office" means an establishment in which business, professional, administrative and/or clerical activities are conducted including but not limited to studios for those involved in art, sculpture, and music, organizations operating on a membership basis for the promotion of the interests of the membership, trade associations, business associations, professional membership organizations, labor unions, or civic or fraternal organizations. Professional office shall not include medical or dental clinics.

"Property" means all real property subject to land use regulation by the City.

"Property line" means the boundary of any lot, parcel or tract as the same is platted or described in the conveyance of such property to the owner; and does not include the streets or alleys upon which the said lot, parcel or tract abuts.

"Public utility installations" means a building or structure, including overhead transmission lines and substations, used or intended to be used by any public utility, including but not limited to any gas treatment plant reservoir, tank, or other storage facility; water treatment plant, well, reservoir, tank, or other storage facility; electric generating plant, distribution, or transmission substation, telephone switching or other communications plant, earth station, or other receiving or transmission facility and lines; any storage yard for public utility equipment.

"Public works director" means the City of Cañon City staff member responsible for the public interest of engineered assets and infrastructure including the engineered design, construction, and maintenance of parks, streets, water, public buildings, and vehicle fleet.

(Ord. No. 21-2022, § 9, 12-19-22; Ord. No. 3-2024, § 18, 8-5-24)

RESERVED

"Rail services and facilities" means services and facilities in areas which may include railroad rights-of-way and adjacent lands that provide railroad related service for persons, goods or materials, and may include, but shall not be limited to: a depot structure, housing a ticket sales counter, gift shop, restrooms and other concessions; offices; off-street parking areas; repair, maintenance and storage areas and structures for rail cars and locomotives; and loading and unloading areas.

"Rafting takeout facility" means and includes a facility, which may or may not involve structures, for embarkation and disembarkation into and from river rafts and other vessels operated for profit by river outfitters on real property owned or controlled by the river outfitter who operates and uses the facility; provided that any special review approval of any such facility shall be in accordance with the process, procedures, requirements and limitations set forth in Section 17.10.040(G)(3).

"Real estate" means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land though not described in the contract of sale or instrument of conveyance.

"Recreational equipment" means any detached trailer, whether commercially manufactured or homemade, either loaded or empty, that is used for transporting equipment or animals used for recreational purposes, including boat trailers, snowmobile and motorcycle trailers, horse trailers, and similarly used vehicles.

"Recreational facility" means a place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities, and includes, but is not limited to: parks and playgrounds, tennis courts, golf courses, racquetball clubs, skating rinks, bowling alleys, fitness centers, health spas, swimming pools and miniature golf courses, and may include incidental retail sales and food and beverage service.

"Recreational vehicle" or "RV" means any vehicle used for recreational occupancy, including motorhomes and pickup campers, travel trailers, tent trailers, converted buses, horse trailers with attached living quarters, and similar vehicles that are designed and constructed, or have been modified since their construction, to permit sleeping or housekeeping, or both, and that do not require for their use a hookup to permanent utility services, and are mobile or can be transported on public rights-of-way. Standard passenger or cargo vans that have been customized with various features to accommodate their use for camping or road trips, also commonly called "conversion vans," "camper vans" or "leisure vans," are not recreational vehicles for purposes of this chapter.

"Recreational vehicle (RV) park" means a developed area which contains rental sites for the temporary location and occupancy of assorted recreational vehicles, service buildings for restrooms, showers and laundry facilities, dumping stations for the removal and disposal of waste from holding tanks, and which may contain incidental retail sales and services for the convenience of park occupants.

"Recyclables and donations collection station" means a building or land area used for the collection of recyclable materials, including, but not limited to, metals, glass, plastic and paper, or for the collection of donated items such as clothing, shoes, household items, toys, or food, where those items collected are removed from the site for further processing or distribution elsewhere. A recyclables and donations collection station may consist of bins placed for drop-off of items, a parked truck or semi-trailer, or a building used for such purpose.

"Residential structure" means a structure regularly used by its occupants as a permanent place of abode, which is made one's home as opposed to one's place of business and which has housekeeping and cooking facilities for its occupants only.

"Residential child care facility" means a state-licensed institution for the care of minor children in a non-family setting and as further defined by the Colorado Revised Statutes.

"Restaurant, delivery/carry out only" means an establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared, ready-to-eat foods intended to be consumed off the premises.

"Restaurant, sit down" means an establishment whose food is available to the general public primarily for consumption within a structure on the premises, where at least fifty (50) percent of the gross floor area of the establishment is devoted to patron seating.

"Retail" means sale to the ultimate consumer for direct consumption and use and not for resale.

"Right-of-way" means an area of land not on a lot that is dedicated for public or private use to accommodate a transportation system and necessary public utility infrastructure (including, but not limited to, water lines, sewer lines, power lines, and gas lines). In no case shall a right-of-way be construed to mean an easement.

"Robbing" means the pilfering of honey from a weak colony by other honeybees or insects.

"Rooming unit" means a room providing minimal housing accommodations for a boarder, arranged primarily for sleeping and study, in which may be included a private bath but which shall not include any kitchen equipment such as refrigerator, sink or cooking device.

"Sanitary sewer system" means the Fremont Sanitation District sewer system or other publicly-operated wastewater system.

"School" means a building(s) or part thereof which is designed, constructed or used primarily for education or instruction in any branch of knowledge. A residential dwelling or accessory building, or portion thereof, wherein training is provided, on an individual basis, such as piano or art lessons or home-schooling, is not considered a school for purposes of this Code.

"Screening" means fencing, evergreen hedges, other dense vegetation or earth berms maintained and effective for the purpose of concealing from view the area behind such screening and the items of personal property situated thereon, except when provided otherwise in this Code.

"Seasonal sales" means Christmas tree, fireworks, pumpkins and similar, temporary (typically recurring on annually) sales for a period not to exceed thirty (30) days. Seasonal sales are not required to be associated with an established primary retail use on the site.

"Secondary school" means any school, whether public or private, which is authorized by the State of Colorado to award diplomas for secondary education. Secondary schools offer general, technical, vocational or college-preparatory curricula.

"Secured area" means an area within the primary residence accessible only to the occupant, patient or primary caregiver. Secured areas shall be locked or partitioned off to prevent access by children, visitors, casual passersby, vandals or anyone not authorized to possess marijuana.

"Senior housing, dependent" means housing/accommodations, other than a single-family dwelling, and services designed and staffed to provide housing and services along the continuum of an elderly person's needs, such as assistance for bathing, dressing, medication, meal preparation, or other functions. In addition to housing, this type of facility may also provide convenience services, such as meals, housekeeping, transportation, and community facilities, such as central dining rooms and activity rooms.

"Senior housing, independent" means housing/accommodations, other than a single-family dwelling, specifically designed for the needs of elderly persons. In addition to housing, this type of facility may provide convenience services, such as meals, housekeeping and transportation, and community facilities, such as central dining rooms and activity rooms.

"Setback, front" means the area extending between front lot line(s) and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the principal building or use, except for any features that are allowed to encroach within the setback.

"Setback line" means a line or lines designating the area outside of which buildings may not be erected.

"Setback, rear" means the area extending between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of the principal building or use, except for any features that are allowed to encroach within the setback.

"Setback, side" means the area between a building and the side lot line, measured horizontally at right angles to the side lot line from the side lot line to the nearest point of the principal building or use, except for any features that are allowed to encroach within the setback.

"Sexually oriented business" shall have the same meaning as in Section 5.42.020.

"Shelter" means a residential facility used for temporary group housing and meals for individuals or families without a permanent place of residence, and may include incidental uses such as food, clothing, and toy storage and distribution areas.

"Shrub" means a bush or any type of hard-wooded plant of smaller and thicker growth than a tree or a dwarf tree.

"Sign" means any identification, illustration, means of communication, or device, illuminated or non-illuminated, that is visible from any public place or is located on private property and exposed to the public and that is intended to direct attention, advertise, announce, communicate, declare, demonstrate, or display a particular use, product, service, idea, interest, or message.

"Sign, awning or canopy" means a sign that is mounted, painted or attached to an awning or other window or door canopy or otherwise to the side of the building. Any projecting canvas or other material over a structural framework used for a small amount of shelter or shade on a facade that has signage displayed on the visible surface. Such signs are counted as a projecting sign.

"Sign, banner" means a temporary advertising sign which is not attached to a permanently mounted backing. Banner signs may be ground-mounted or wall-mounted.

"Sign, feather" means a flexible or rigid pole to which one side of a flexible fabric, generally in the shape of a feather or similar shape, is attached, and which upon which temporary sign copy is displayed. Such banners are also known and sold under names which include, but are not limited to, "quill sign," "banana banner," "blade banner," "flutter banner," "flutter flag," "bowflag," "teardrop banners," and others. The definition includes functionally similar display devices.

"Sign, monument" means a freestanding sign, other than a pylon sign, in which the entire bottom is in contact with or close to the ground.

"Sign, portable" means a sign mounted on a frame or chassis designed to be easily relocated, including vehicles and/or trailers whose principal commercial use is for signage.

"Sign, off-premises" means a commercial sign not related to the primary activity on the property where the sign is located.

"Sign, pylon" means a sign that is mounted on a freestanding pole or other supports so that the bottom edge of the sign face is eight (8) feet or more above grade.

"Sign, temporary" means a sign or advertising display intended to be displayed for a certain period of time. Included in the definition of "temporary signs" are retailers' signs temporarily displayed for the purpose of informing the public of a "sale" or special offer. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be considered as temporary. A portable sign shall not be considered a temporary sign or used for such a purpose

"Sign, wall" means a sign mounted parallel to a building facade or other vertical building surface.

"Sign, window" means a sign which is applied or attached to the exterior of a window, or applied to, attached to, or located within one (1) foot of the interior of a window, which can be seen through the window from the exterior of the structure.

"Site specific development plan" means a final plat for a major or minor subdivision, district plan of major planned development, or an overlay plan for a minor planned development.

"Solar energy collection system" means a photovoltaic (PV) panel, array of panels or other solar energy device, the primary purpose of which is to provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating. Solar energy collection system shall not include a battery energy storage system.

"Solar energy collection system, canopy" means a solar energy collection system consisting of elevated solar panels installed above parking lots, carports and other paved areas.

"Solar energy collection system, roof mounted" means a solar energy collection system that is structurally mounted to the roof of a building or other permitted structure, including limited accessory equipment associated with system which may be ground mounted. It is installed parallel to the roof with a few inches gap.

"Solar energy collection system ground mounted" means a solar energy collection system and associated mounting hardware that is affixed to or placed upon the ground including but not limited to fixed, passive, or active tracking racking systems.

"Solid fence" means any fence which cannot be seen through. Such fences include basket weave fences, stockade fences, plank fences, and similar fences.

"Special event" means carnival, circus, rodeo, festival, street fair and other similar events for amusement and entertainment which are of short duration, usually held outdoors or within a temporary shelter.

"Standing" means the halting of a vehicle, whether occupied or not, other than momentarily for the purpose of and while actually engaged in receiving or discharging passengers or unloading property.

"Stored" means a situation where a vehicle, substance, or piece of equipment is parked and left unattended at a fixed location for a period that is in excess of eight (8) continuous hours.

"Street" means the entire width between the boundary lines of every way provided for public use, for the purpose of vehicular and pedestrian traffic and placement of utilities, including the terms "highway," "road," "lane," "avenue," "drive," "alley," or other similar designation.

"Structure" means anything erected or constructed with a fixed location from the ground above grade but not including poles, fences, lines, cables, or other transmission or distribution facilities of public utilities.

"Structural alteration" means any change to the supporting members of a structure, including foundations, bearing walls or partitions, columns, beams, girders or any structural change in the roof.

"Structure, accessory" means a detached subordinate structure(s), the use of which is incidental to that of the principal structure and located on the same lot with the principal structure.

"Structure, nonconforming" means a structure which does not comply with the lot size requirements or bulk regulations in the district in which it is located.

"Structure, principal" means the structure in which the principal use of the lot, upon which the structure is located, is conducted.

"Subdivider" means any person, firm, partnership, joint venture, association or corporation participating in the subdivision of any parcel or increasing or decreasing the number of individual owners of any improvement(s) thereon.

"Subdivision" means the division of a lot, tract, or parcel of land into two (2) or more lots or units other divisions of land lease. The term shall also include and refer to any division of land, lot line adjustment, and elimination of lot lines on previously subdivided or platted land.

"Subdivision plat" means the official drawing and accompanying documents showing the approved subdivision of land, and recorded in the office of the Fremont County Clerk and Recorder.

"Surface articulation" means a change in the depth of the surface of a building face or façade such that may be achieved through features including attached columns, recessed windows or window bays, horizontal banding or decorative cornices.

"Swale" means a linear depression in land running downhill or having a marked change in contour direction in which sheet runoff would collect and form a temporary watercourse.

(Ord. No. 5-2022, § 9, 2-21-22; Ord. No. 3-2024, § 19, 8-5-24)

"Temporary use" means a specific land use as set forth in this title allowed by permit or other approval for a limited period of time on a particular parcel of land at a particular location which does not utilize any permanent structure except as may otherwise be permitted herein.

"Townhome" means a single-family dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement and having a totally exposed front and rear wall to be used for access, light, and ventilation.

"Training facility, type I" means a school for special instruction in artistic or practical/professional skills, including, but not limited to, art, dancing, gymnastics, archery or martial arts.

"Training facility, type II" means a facility in which a consistent group of people meet regularly for no more than twelve (12) hours per week under the supervision of a teacher or mentor for support or tutoring as part of an online or blended learning program. This type of facility may also be known as an "Educational Drop-in Center" and for purposes of this title, a type II training facility is not considered to be a school.

"Tree" means a perennial plant having a trunk, or woody stem with branches, or any plant form resembling a tree.

"Underlying district" means that certain zone district identified in Article II of Chapter 17.12 that has been approved by the City Council and assigned to a parcel of land.

"Unit" means a physical portion of the common interest community that is designated for separate ownership or occupancy and the boundaries of which are described in or determined from the declaration. If a unit in a cooperative is owned by a unit owner or is sold, conveyed, voluntarily or involuntarily encumbered, or otherwise transferred by a unit owner, the interest in that unit which is owned, sold, conveyed, encumbered, or otherwise transferred is the right to possession of that unit under a proprietary lease, coupled with the allocated interests of that unit, and the association's interest in that unit is not thereby affected. [See § 38-33.3-103(30), C.R.S.]

"Unit owner" means the declarant or other person who owns a unit, or a lessee of a unit in a leasehold common interest community whose lease expires simultaneously with any lease, the expiration or termination of which will remove the unit from the common interest community but does not include a person having an interest in a unit solely as security for an obligation. In a condominium or planned community, the declarant is the owner of any unit created by the declaration until that unit is conveyed to another person; in a cooperative, the declarant is treated as the owner of any unit to which allocated interests have been allocated pursuant to C.R.S. § 38-33.3-207 until that unit has been conveyed to another person, who may or may not be a declarant under this article. [See § 38-33.3- 103(31), C.R.S.]

"Use" means the purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained.

"Use, accessory" means a use subordinate to, and serving, the principal use or structure on the same lot and customarily incidental thereto.

"Use, nonconforming" means a use that was valid when brought into existence, but by subsequent regulation becomes no longer conforming. This may be a structure, use, or parcel of land.

"Use, principal" means the main use of land or structure, as distinguished from a subordinate or accessory use.

"USGS" means United States Geological Survey.

"Utility distribution element" means transmission lines for sewer, water, or other utilities.

"Utility trailer" means any wheeled vehicle, whether commercially manufactured or homemade, without motive power, that is designed to be drawn by a motor vehicle and that is generally and commonly used to carry and transport personal belongings, articles of household furniture, loads of trash and rubbish, or similar items over the public streets and highways.

"Vehicle parking facilities" means a parking lot that is intended for vehicular parking.

"Vision clearance area" means a triangular area on a lot where two (2) streets or a street and an alley or driveway intersect.

"Vocational or business school" means a secondary or higher educational facility primarily teaching usable skills that prepare students for jobs in a trade or business.

(Ord. No. 8-2025, § 7, 8-18-25)

"Waste transfer facility" means a facility that is used to accumulate and temporarily store waste before it is transported to a recycling, treatment, or waste disposal facility.

"Wildlife" means living things, including mammals, birds, and fishes that are not domesticated.

"Winery" means a facility where grapes, berries or other fruits are processed, fermented and bottled into more than two hundred (200) gallons of wine per year. A winery may include wine tasting and the sale of wine and other related products to the public.

(Ord. No. 21-2022, § 10, 12-19-22)

RESERVED

"Yard sale" means and includes casual or informal sales conducted on or from a residential premises within the City where articles of tangible personal property are sold or offered for sale. Yard sale shall include all sales entitled "yard sale," "garage sale," "lawn sale," "attic sale," "flea market sale," "patio sale," "porch sale," or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale.

"Zero lot line" means a type of development in which one or more yards are not set back. A structure may be built directly upon the property line and in some instances, this may result in common walls between structures.

"Zoning Administrator" means the City employee charged with the application and interpretation of this title or such person's designee.