(a)

Meaning and Intent. All provisions, terms, phrases and expressions contained in this chapter shall be construed in order to accomplish the purposes stated in Section 1.02 of this code.

(b)

Text. In case of any difference of meaning or implication between the text of this zoning code and any illustration or figure, the text shall control.

(c)

Computation of Time. The time within which an act is to be done shall be computed by including the first and including the last day. In the computation of time for public hearing notice, both the first day (day of the advertisement) and the last day (day of the hearing) shall be included. Notwithstanding the above, if the last day is a Saturday, Sunday or legal holiday declared by the city, that day shall be excluded. The following time-related words shall have the meanings ascribed below.

(1)

"Day" means a calendar day unless working day is specified.

(2)

"Week" means seven (7) calendar days.

(3)

"Month" means a calendar month.

(4)

"Year" means a calendar year, unless a fiscal year is indicated.

(d)

Conjunctions. Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows:

(1)

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

(2)

"Or" indicates that one or more of the connected items, conditions, provisions or events shall apply.

(e)

Delegation of Authority. Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize professional-level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

(f)

Nontechnical and Technical Words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

(g)

Public Officials, Bodies and Agencies. All public officials, bodies, and agencies to which reference is made are those of the city, unless otherwise indicated.

(h)

Mandatory and Discretionary Terms. The word "shall" is always mandatory. The word "may" is permissive.

(i)

Tense, Number and Gender. Words used in the past or present tense include the future as well as the past or present, unless the context clearly indicates the contrary. The singular number shall include the plural and the plural shall include the singular, as the context and application of this code may reasonably suggest. Words of one gender shall apply to persons, natural or fictitious, regardless of gender as the context and application of this code may reasonably suggest.

( Ord. No. 1205 , 3-22-2016)

Words defined in this section shall be given the meanings set forth here. All other words shall be given their common, ordinary meanings, as the context may reasonably suggest. In case of a dispute over the meaning of a term not defined here or over the application of a definition set forth here, the zoning administrator shall give a written interpretation in accordance with Section 2.03 of this code.

"Accessory use or structure" means a use or structure naturally and normally incidental to, subordinate to, and devoted primarily to the principal use or structure of the premises.

"Adult entertainment establishment" means an adult arcade, adult bookstore, adult video store, adult novelty store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, clothing optional club, sexual encounter establishment, or other similar business and includes any of the following:

(a)

The opening or commencement of any sexually oriented business as a new business;

(b)

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

(c)

The additions of any sexually oriented business to any other existing sexually oriented business; or

(d)

The relocation of any sexually oriented business.

The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or other similar professional person licensed by the state engages in medically approved and recognized sexual therapy. Specific definitions for the above mentioned businesses are found in Section 4A-1 of the Cortez City Code. The definition does include those stores that rent or sell adult videos or adult publications, which are in excess of fifteen percent (15%) of the total stock available to the public for consumption.

"Affordable housing" means housing that is affordable to a household with an income that is eighty (80) percent or lower than area median income of households of that size. Developers will be required to provide assurances that the housing is and will remain affordable for at least twenty (20) years.

"Antenna" means any structure or devise used for the purpose of collecting or transmitting electromagnetic waves including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas.

"Apartment" means a dwelling unit or suite of rooms, which is an accessory use to a commercial or nonresidential structure in a non-residential zoning district.

"Applicant" means a person who submits an application for development to a local government.

"Application for development" means an application for a preliminary or final plat for a subdivision, a planned unit development, or any other similar land use designation that is used by a local government. "Application for development" includes applications for zoning, rezoning, general development plans, and special use permits where such applications are in anticipation of new surface development, but does not include building permit applications.

"Auto repair garage" means a building or place arranged, designed, used or intended to be used for the purpose of providing general repair and servicing of motor vehicles. Such repair or servicing may include reconditioning of engines, air conditioning systems and transmissions; wrecker service; collision services, including body, frame or fender straightening or repair; painting, undercoating and dust proofing; replacement or repair of brakes, shock absorbers, tires, batteries, mufflers, or upholstery; and other similar services.

"Block" means an area enclosed by streets and occupied by or intended for buildings; or if such word is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two (2) streets that intersect such street.

"Building height" means the vertical distance as measured from the average finished grade of the building line to the highest peak of the roof.

"Building inspector" means the official designated by the building official to enforce the provisions of the city building codes.

"Building line" means a line parallel or approximately parallel to the street line at a specified distance therefrom establishing the minimum distance from the street line that a building may be erected.

"Building official" means the building inspector charged with the responsibility of issuing permits and enforcing on behalf of the city the currently adopted city construction codes, or other building code adopted by the city, and land use code, including any amendments, or that person's designee.

"Building permit" means a permit issued by the building official, after approval of a zoning development permit, that allows a developer to erect, construct, reconstruct, grade, excavate for a foundation, alter or change the use of a building or other structure or improvements of land.

"Building setback" means an imaginary line extending across the full width or side of a lot, parallel with the street right-of-way line or the property line and outside of which no building shall be constructed.

"Building" means any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building. "Building" includes yurts, removable sheds, and similar uses, but does not include signs or fences.

"Caretaker or guard residence" means dwelling facilities located on a premise occupied by a permitted main use for the housing of persons and their families who are employed on the premises as guards, caretakers or in similar custodial capacity.

"Certificate of occupancy" means an official certificate issued by the city through the enforcing official that indicates conformance with or approved conditional waiver from the zoning regulations and authorizes legal use of the premises for which it is issued.

"Character (of a developed area)" means the density, height, coverage, setback, massing, fenestration, materials and scale of materials.

"Child care facility" means a family care facility licensed by the State Department of Human Services and in compliance with state rules and regulations.

(a)

"Small home based facility" means one that serves six or less children in accordance with state rules and is not required to limit hours of operation.

(b)

"Large home based facility" means a child care facility that serves twelve (12) or less children in accordance with state rules and shall be permitted to operate between the hours of 5:00 a.m. to 9:00 p.m. daily.

(c)

"Commercial facility" means a facility that is not attached to a residence and shall be permitted to operate between the hours of 5:00 a.m. to 9:00 p.m. daily.

"Church or place of worship" means a site used primarily or exclusively for religious worship and related religious services operated by a bona fide religious group for religious activities.

"City" means the city of Cortez, Colorado.

"City council" means the governing and legislative body of the city.

"City manager" means the chief administrative officer of the city.

"City planner" means an administrative officer designated by the city manager and charged with the responsibilities of planning, leading, analyzing, preparing, negotiating, and commenting on the process of development applications and presenting staff review of applications to decision making boards. The city planner is responsible for the daily administration of the land use code and comprehensive plan and leads and participates in complex current to long range planning assignments. The city planner or his or her duly-authorized representative shall be the zoning administrator.

Clinic, Medical. "Medical clinic" means a medical services facility where patients are examined and may include in-house clinical laboratory services and x-ray facilities for surgery or obstetrical care or other definitive medical treatment of similar extent. This shall include physician and dental offices, physical or massage therapy but not be construed to mean central service facilities such as pharmacies, medical laboratories, or other related uses.

"Cold frame" means an unheated outdoor structure consisting of a wooden or concrete frame and a top of glass or clear plastic, used for protecting seedlings and plants from the cold.

"Commercial development" means and includes, but is not limited to: expansion or construction of office, retail, wholesale, warehouse, manufacture, commercial recreation, restaurant/bar and/or service commercial operations by the addition of square footage.

"Commercial wireless telecommunication services" means licensed commercial wireless telecommunication services including cellular, personal communication services ("PCS"), specialized mobilized radio ("SMR"), enhanced specialized mobilized radio ("ESMR"), paging, and similar services that are marketed to the general public.

"Commissioners" means the board of county commissioners of Montezuma County, Colorado.

"Common element" means in a condominium or cooperative, all portions of the condominium other than the units.

"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 improvements of other real estate described in a declaration. "Ownership" does not include a leasehold interest of less than forty years, including renewal options, as measured from the commencement date of the initial term.

"Common open space" means a parcel of usable land, area of water, or a combination of land and water within the site designated for a planned unit development designated and intended primarily for the use or enjoyment of residents, occupants and owners of the planned unit development. "Common open space" may include, but is not limited to, areas devoted to recreation, courts, gardens, parks and walkways. The term shall not include space devoted to streets, parking and loading areas.

"Community center" means a building and grounds owned and operated by a governmental body or homeowners' association, for the social, recreational health or welfare of the community served.

"Community garden" means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by group members.

"Compatible" means consistent with, harmonious with, similar to and/or enhancing the mixture of uses, siting and/or complimentary architectural styles, either of an individual structure or the character of the surrounding structures.

Complete Application. An application shall not be considered complete unless and until: (1) all of the required information and submittal materials in the amounts and dimensions required by this code have been submitted to and received by the city department or official specified in this code; and (2) the city planner or a duly-appointed representative, has certified the application as "complete." The decision of the city planner with respect to completeness and applicability of submittal requirements shall be final. This requirement pertains to all applications for preliminary and/or final plats of a subdivision, a planned unit development, zoning, rezoning, general development plans, and special use permits where such applications are in anticipation of new surface development, or any other similar land use designation that is used by a local government, but does not include building permit applications.

"Comprehensive plan" means the comprehensive plan of the city and adjoining areas adopted by the planning commission and city council, including all of its revisions. The plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks and other public and private developments and improvements.

"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)

Condominium, Attached. "Attached condominium" means a residential dwelling unit in a structure containing two or more such units, the living spaces of which are individually owned; the balance of the property (both land and building) is owned either in common by the owners of the individual units or by an association consisting of such owners.

(b)

Condominium, Detached. "Detached condominium" means one of at least two individually owned, unconnected residential dwelling units located on property owned either in common by the owners of such units or by an association consisting of such owners.

"Cooperative" means a common interest community in which the real property is owned by an association, each member of which is entitled by virtue of such member's ownership interest in the association an exclusive possession of a unit.

"Constructive notice" means notice that shall be deemed given as a result of actual notice or any action by the city recorded in the public record maintained by the county clerk.

"Council" means the city council of the city.

"Custom personal service" means barber shop, beauty shop, tailor, dressmaker, shoe shop or similar shop offering custom service.

"Cut area" means any area where the existing grade is lowered.

"Density" means the maximum number of dwelling units per gross acre of land permitted in a zone district, as set forth in Section 3.06 of this code.

"Developer" means any public or private person, partnership, association or agency that prepares raw land for the construction of buildings or causes to be built physical building space for use primarily by others, during which preparation of the land or the creation of the building space is in itself a business and is not incidental to another business or activity.

Development Permit. See "Zoning development permit."

"Development" means the physical extension and/or construction of urban land uses. Development activities include: subdivision of land; change in the intensity of use of land; construction, reconstruction, demolition or partial demolition or alteration of buildings, roads, utilities, and other facilities; commencement of drilling (except for a well or to obtain soil samples), mining, or excavation; installation of septic systems; grading; deposit of refuse, debris, or fill materials; and clearing of natural vegetation cover.

"Director of parks and recreation" means the city staff member in the city parks and recreation department designated to enforce this code.

"District" means a section of the city for which the regulations governing the height, area or use of the land and buildings are uniform.

"Dwelling" means a structure or portion of a structure, other than a manufactured home, that is designed, occupied or intended to be occupied as living quarters and includes facilities for cooking, sleeping and sanitation; but not including hotels, motels, clubs, boarding houses, or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraints.

(a)

"Accessory dwelling unit (ADU)" means a dwelling incorporated within the living area or attached to the primary single-family residence on a parcel of land zoned for residential use, unless otherwise allowed in accordance with Section 6.10 of this code, Conditional use permits. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation and must be attached to the principal use structure.

(b)

"Apartment. (See definition for "Apartment.")

(c)

"Duplex dwelling" means two (2) residential dwelling units, other than manufactured homes, within a single building and under a single roof.

(d)

"Manufactured home dwelling" means a HUD-approved structure designed to be transported after fabrication and equal to or exceeding fourteen (14) feet in width and seven hundred (700) square feet in area, excluding towing gear and bumpers. Such a structure is suitable for human habitation on a year-round basis when equipped with required plumbing, heating and electrical facilities. The space and width requirements of this definition shall not apply to any manufactured home located within a previously existing manufactured home park.

(e)

"Multi-family dwelling" means three (3) or more residential dwelling units, other than manufactured homes, within a single building and under a single roof, including apartments, townhouses and attached condominiums.

(f)

"Single-family dwelling" means a dwelling unit located on a separate lot or tract that has no physical connection to a building located on any other lot or tract.

"Encroachment" means the authorized or unauthorized placement of a building or part of a building upon the land or easement of another or a public right-of-way.

"Engineer" means a person duly authorized under applicable provisions of Colorado Revised Statutes to practice the profession of engineering.

"Essential services" means the development or maintenance of public utilities or city-approved underground, surface or overhead gas, electrical, telephone, steam, fuel or water transmission or distribution systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment, and sewage pump stations.

"Excavation" means the formation of a cavity formed by cutting, digging or scooping earth.

"Face block" means the portion of a block facing the same street.

"Family" means two or more persons related by blood or marriage, or between whom there is a legally recognized relationship, or not more than four (4) unrelated persons occupying the same dwelling unit.

"Fence" means any structure intended for the use of confinement, prevention of intrusion, boundary identification, or screening of an activity.

"Finished grade" means the elevation of the ground surface, following development, next to the completed walls of a structure, prior to placement of any fill material.

Fitness Clubs or Recreation Centers, Private. "Private fitness clubs or recreation centers" means a privately-owned use, gym or building not listed elsewhere in this chapter, offering aerobic or weight-training or other physical activity for health and fitness. Recreation facilities that will be owned by a neighborhood association to provide recreation opportunities for a specific development shall be allowed as a part of the approval process for a subdivision, PUD, or similar large scale development.

"Floor area" means the total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, carports or garages.

"Greenhouse" means a temporary or permanent structure typically made of, but not limited to, glass, plastic, or fiberglass in which plants are cultivated.

"Gross acreage" means the total acreage of a project or subdivision including all land for building sites, interior public right-of-way and any new public or private open space. A gross acre is forty-three thousand five hundred sixty (43,560) square feet in area. Public right-of-way on the perimeter of a project or subdivision is not part of the gross acre.

"Height" means the vertical distance as measured from the average finished grade of the building line to the highest peak of the roof.

"Home garden" means property used for the cultivation of fruits, vegetables, plants, flowers, or herbs by the residents of the property, guests of the property owners, or a gardening business hired by the property owner.

"Home occupation" means a business, occupation, profession, trade, activity or use that is operated for compensation on a lot or site of a primary dwelling unit use.

"Hoophouse" means a temporary or permanent structure typically made of, but not limited to, piping or other material covered with translucent plastic, constructed in a "half-round" or "hoop" shape, for the purpose of growing plants.

"Hydric" means a habitat that has or requires abundant moisture; also an organism or group of organisms occupying such a habitat.

"Illegal nonconforming use" means a use or structure that did not exist prior to the date of adoption of this code on March 12, 1996, and was created without the required approval of the city or in violation of the applicable codes in effect at the time the use or structure was established.

"Industrial development" means nonretail, nonresidential uses including but not limited to: manufacturing, heavy equipment repair, fabrication, chemical and petroleum distillation and processing, warehousing, and assembly operations.

"Improvement" means the addition of street, curb and gutter, sidewalk, storm drainage or utilities facilities or street trees or any other required items on a vacant parcel of land.

"Kennel" means any premise on which five (5) or more dogs over ten (10) weeks of age are kept or housed for any reason and for any length of time.

"Landscaping" means trees, shrubs, ground cover, vines, walkways, ponds, fountains, sculpture, and other organic and inorganic materials used for creating an attractive appearance. Smooth concrete or asphalt surfaces are not considered landscaping.

"Legal nonconforming use" means a use or structure that was in existence prior to the date of adoption of the Cortez land use code on March 12, 1996, or when established/ constructed subsequent to that date, conformed to the applicable regulations in effect at that time and was rendered nonconforming by an amendment of the regulations, or as rendered nonconforming as a result of the annexation to the city.

"Limited common element" means a portion of the common elements allocated by the declaration for the exclusive use of one or more units but fewer than all of the units.

"Lot" means an undivided tract or parcel of land under one ownership having frontage on a public street and either occupied or to be occupied by a building or building group together with accessory buildings, which parcel of land is designated as a separate and distinct tract. Contiguous lots under one ownership used, or intended to be used, as a single unit of land shall be considered a single lot for purposes of this code.

"Lot area" means the net area of the lot, excluding portions of streets and alleys.

"Lot coverage" means the percentage of a lot or tract covered by the roof of buildings, including roof eaves.

"Lot lines" means the lines bounding a lot as defined herein.

(a)

Lot Line, Front. "Front lot line" means any lot line adjacent to a street.

(b)

Lot Line, Rear. "Rear lot line" means a lot line opposite a front lot line and not adjacent to a street.

(c)

Lot Line, Side. "Side lot line" means any lot line not defined as a front or rear lot line.

"Lot of record" means a lot that is part of a subdivision or the original city site, the plat of which has been recorded in the office of the county clerk of Montezuma County or a parcel of land, the deed for which is recorded in the office of the county clerk of Montezuma County prior to the adoption of the city's original Zoning Ordinance No. 184 (adopted March 7, 1946).

Map, Condominium. "Condominium map" means a printed instrument depicting all or a portion of a common interest community in three dimensions. A map or a plat may be combined in one instrument.

"Manufactured home park" means a tract of land designed or being used to accommodate two or more manufactured homes, manufactured home sites, or other permitted dwelling units as defined in Section 3.05(b)(3), for dwelling or sleeping purposes, with lots available on a rental or lease basis. Manufactured home parks created after the date of enactment of the ordinance codified in this definition shall be laid out to accommodate manufactured homes of at least seven hundred (700) square feet and a minimum fourteen (14) feet in width. However, no manufactured home currently located within a previously existing manufactured home park shall be required to meet this square-foot and width requirement. Recreational vehicle units and/or park trailers shall be permissible so long as they meet the definitions found in Section 2.02 of this code. RV units shall be at least twenty (20) feet in length, and the total number of RV units shall not exceed ten (10) percent of all allowable units within an approved manufactured home park.

"Manufactured home park accessory building" means a building providing laundry facilities operated by the manufactured home park management, recreational facilities, storage and all other activities, facilities and uses authorized or approved by the city council under Section 6.10 of this code.

"Manufactured home subdivision" means a tract of land subdivided into lots, which are designed as sites for manufactured or relocatable homes and which are served by separate utilities and dedicated streets on a legally filed plat and are capable of being conveyed as separate lots.

Manufacturing, General. "General manufacturing" means an establishment engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, excluding uses classified as "manufacturing, hazardous or objectionable."

Manufacturing, Hazardous or Objectionable. "Hazardous or objectionable manufacturing" means a use engaged in storage of, or manufacturing processes utilizing, flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Typical uses include chemical manufacturing and warehousing, dry ice manufacturing, fat rendering plants, fertilizer manufacturing, fireworks and explosives manufacturing and warehousing, petroleum refineries, pulp processing and paper products manufacturing, radioactive materials manufacture or use, steel works, slaughterhouses and tanneries.

Manufacturing, Light. "Light manufacturing" means an establishment or use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, but excluding activities classified in another land use category. Typical uses include apparel and garment factories, appliance and computer products assembly, bakeries engaged in large-scale production and wholesale distribution, boat building and repair, electrical and electronic equipment, furniture and fixtures, jewelry manufacturing, leather products, meat cutting and wholesale storage, monument and grave marker manufacturing, motion picture production lots, musical instrument manufacturing, pharmaceutical and toiletries manufacturing, printing and publishing, rubber and plastics products, sports equipment manufacturing, and toy manufacturing.

Manufacturing, Wood Products. "Wood products manufacturing" means an establishment engaged in the basic processing and manufacturing of materials or products predominately from raw wood materials. These uses may be further subdivided into "light manufacturing" which includes small-scale production of cabinets, lath, grade stakes, furniture, wood art, moulding; and "heavy manufacturing" which includes such uses as prefabricated wall components, lumber mills, and log home manufacturing.

"Master plan" means the city comprehensive development plan.

"Mayor" means the chairperson of the city council.

"Medical marijuana centers" has the same meaning as set forth in C.R.S. § 12-43.3-104(8) "Medical marijuana center" now in effect and as may be amended from time to time.

"Medical marijuana centers" shall only be permitted in the commercial highway (C) and the central business district (CBD) zones. "Medical marijuana centers" shall not be allowed within any residentially zoned areas and shall not be allowed as a home occupation.

Micro-brewery means a facility for the production and packaging of beers, meads, hard ciders, and/or similar beverages on-site for distribution, retail or wholesale that produces less than fifteen thousand (15,000) barrels per year and includes on-site consumption.

Micro-distillery means a facility for the production and packaging of alcoholic spirits for distribution, retail or wholesale that produces less than fifteen thousand (15,000) gallons per year and includes on-site consumption.

Micro-winery means a facility for the production and packaging of wine for distribution, retail or wholesale that produces less than one hundred thousand (100,000) gallons per year and includes on-site consumption.

"Mineral estate" means an interest in real property that is less than full fee title and that includes mineral rights as shown by the real estate records of the county in which the property is situated.

"Mineral estate owner" means the owner or lessee of a mineral estate underneath a surface estate that is subject to an application for development.

"Municipal facilities" means city-owned and operated institutions or facilities including but not limited to a library, museum, park, playground, recreational center, jail or correctional facility, police, fire or utility facilities.

"Neighborhood commercial uses" mean retail establishments primarily serving residents within the immediate neighborhood, oriented and designed toward pedestrian traffic such as bakeries, florists, drugstores and stationary stores.

"Occupancy" means the use or intended use of the land or buildings by proprietors or tenants.

"Occupied" means and includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.

Office, Business or Professional. "Business or professional office" means a use where business, professional, or governmental services are made available to the public, including: (1) business office—an office for use by persons such as Realtors, travel, advertising or insurance agents and property managers providing both products and services, or the home office of a company that sells retail or wholesale products or provides professional services; (2) professional office—an office for use by persons such as lawyers, architects, engineers, accountants, physicians, dentists and other professionals who primarily provide services rather than products.

"Open space" means area included in any side, rear or front yard or any unoccupied space on the lot or tract that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, and plant material.

"Other public facilities" means public facilities, including but not limited to a library, museum, park, playground, recreational center, jail or correctional facility, police, fire or utility facilities that are public-owned and operated or under public control and jurisdiction, and subject to the provisions of this code.

"Owner" means any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or other person with sole or with concurrent legal and/or beneficial title to the whole or to part of a building or land.

"Parcel" means any quantity of land and water for which location and boundaries can be established that is designated by its owner or developer as land to be used or developed as a unit, or which has been used or developed as a unit.

"Park" means publicly owned land used for active or passive recreational purposes.

"Park trailer" means a unit that is built on a single chassis mounted on wheels and has a gross trailer area not exceeding four hundred (400) square feet in the set-up mode, as defined by the NFPA 70 National Electric Code. A park trailer is not intended for commercial uses such as banks, clinics, offices, or similar. A park trailer may be utilized as a dwelling unit within an approved manufactured home park, so long as it meets the criteria found within subsection 3.05(b)(3) of this code.

"Person" means an individual, proprietorship, trust, partnership, corporation, association, or other legal entity.

"Planned community" means a common interest community that is not a condominium or cooperative.

"Planned unit development" means a development provided for by the planned unit development zone district wherein certain uses, areas and related standards may be varied and a variety of land uses associated on a tract, the plan of which is subject to approval by the planning commission/city council.

"Planning commission" means the agency designated in this code and appointed by the city council as an advisory body to it.

Plat, Condominium. "Condominium plat" means a printed instrument that is a land survey depicting all or a portion of a common interest community in two (2) dimensions. A plat and map may be combined in one instrument.

Plat, Final. "Final plat" means a map of the subdivision showing accurate surveying by a registered surveyor. The map shall show all streets, alleys, blocks, lots and all other requirements listed in Section 6.05 of this code.

Plat, Preliminary. "Preliminary plat" means the plat of any lot, tract or parcel of land drawn and submitted in accordance with the requirements of adopted regulations listed in Section 6.04 of this code, that is not to be recorded of record, but is only a proposed division of land for review and study by the city.

"Principal use" means the primary use for which a parcel and any buildings thereon are developed.

"Public land" means land or interests in land owned by a governmental entity or held in trust for the benefit of the public by a not-for-profit organization.

"Public right-of-way" means any parcel of land unobstructed from the ground to the sky dedicated or appropriated to the general public.

"Public utility" means persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or landline telephone service to the general public. For the purpose of this code, commercial wireless telecommunication service facilities shall not be considered public utility uses, and are defined separately.

"Radio, television or microwave tower" means structures supporting antennae for transmitting or receiving any portion of the radio spectrum, but excluding noncommercial antenna installations for home use of radio or television.

"Real property" means all real property within the city included within the boundaries of any lot approved and recorded in the plat records of Montezuma County, Colorado, or within the boundaries of any unplatted tract or parcel of land described and recorded in the real property records of Montezuma County, Colorado.

"Recreational vehicle" means a vehicular-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper, and motor home.

"Recreational vehicle park" means a plot of land upon which two (2) or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.

Repair Services, Heavy Equipment. "Heavy equipment repair services" means an establishment engaged in the repair of trucks, buses, agricultural equipment, construction equipment or other heavy equipment.

Repair Services, Limited. "Limited repair services" means an establishment engaged in the repair of personal apparel and household appliances, furniture, and similar items, excluding repair of motor vehicles. Typical uses include apparel repair and alterations, small appliance repair, bicycle repair, lawn mower repair, clock and watch repair, and shoe repair shops.

"Replat" means the re-arrangement of any part or all of a previously platted subdivision, addition, lot or tract.

"Residence" means the same as "dwelling."

"Residential hotel/hostel" means a facility for residence, on a short-term basis, that provides simple dormitory or sleeping rooms and common rooms for cooking, meeting, recreational, and educational use; that is chartered and approved by the International Hostel Federation or its national or regional affiliates, or similar organizations; and that is supervised by resident house parents or managers who direct the guests' participation in the domestic duties and activities of the hostel.

"Retail commercial establishments" means business uses dealing primarily in new goods that are conducted entirely within an enclosed structure.

Retail, General (Indoors). "General retail (indoors)" means a retail establishment that does not fit the definition of any other land use classification and that does not entail any outdoor sales, service, display, storage or other activity. Typical uses include but are not limited to apparel and accessory stores, camera and photographic supply stores, clothing rental stores, consumer electronics stores, gift, novelty and souvenir shops, liquor stores, luggage and leather goods stores, jewelry stores, music stores and video tape rental stores.

Retail, General (Outdoors). "General retail (outdoors)" means a retail establishment that does not fit the definition of any other land use classification and that entails some outdoor sales, service, display, storage or other activity. Typical uses include but are not limited to boat dealers, snowmobile dealers, motorcycle dealers, hot tub dealers, auto and truck dealers, recreational vehicle dealers, and monument sales.

"Retail service establishments" means business uses including but not limited to plumbing or electrical shops, building contractors, computer sales and service facilities.

"Right-of-way" means the entire dedicated tract or strip of land that is to be used by the public for circulation and service.

"Roof" means the top covering structure of a building.

Sexually Oriented Business. See "Adult entertainment establishment."

"School" means the use of a site for instructional purposes on an elementary or secondary level, approved under the regulations of the state.

"Screen" means a fence or wall which is at least three and one-half (3.5) feet in height designed and erected to obstruct and eliminate the public view of a storage or other area.

"Setback" means open space at grade between a structure and the property line of the lot on which the structure is located, or, in some cases, the centerline of the adjacent right-of-way, measured by the horizontal distance between the lot line and the closest projection of the principal or accessory building. Each setback shall remain unoccupied and unobstructed from the ground upward, except for permitted fences and landscaping.

"Severed" means that the surface owner does not own one hundred (100) percent of the mineral estate.

"Sign" means any object or device or part thereof situated outdoors or indoors which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination, or projected images. However, signs do not include the following: (a) flags of nations, or an organization of nations, states and cities, fraternal, religious and civic organizations; (b) merchandise, pictures or models of products or services incorporated in a window display; (c) time and temperature devices not related to a product; (d) national, state, religious, fraternal, professional, and civic symbols or crests; (e) works of art which in no way identify a product; and (f) scoreboards located on athletic fields. If for any reason, it cannot be readily determined whether or not an object is a sign, the zoning administrator shall make such determination.

(1)

Alley Sign. A secondary sign located at the rear of the building and facing an alley.

(2)

Animated Sign. Any sign or part of a sign that changes physical position by any movement or rotation.

(3)

Billboard. A sign advertising goods and services available at a specified location within the city limits and on the same parcel or lot where the sign is located.

(4)

Bulletin Boards. Bulletin boards not over twenty (20) square feet in area for public, charitable, or religious institutions where the same are located on the premises of such institutions.

(5)

Canopy or Hanging Sign. A sign suspended from an extended roof structure.

(6)

Directional Signs. Private signs directing the public within the boundaries of a private operation that do not exceed three (3) square feet in area.

(7)

Display Surface or Face. The area made available by a sign structure for the purpose of displaying a message.

(8)

Freestanding Sign. Any sign permanently affixed to the ground, supported by a standard or legs or other self-supporting structure used solely for that sign, and physically separated from any building or structure.

(9)

Garage Sale Signs. Garage sale signs posted no more than five (5) days prior to the sale and removed within two (2) days following the sale.

(10)

Ground Sign. A sign supported by poles, uprights, or braces extending from the ground or an object on the ground but not attached to any part of any building.

(11)

Illuminated Sign. A sign lighted by or exposed to artificial lighting either by lights on the sign or directed towards the sign.

(12)

Joint Identification Sign. A sign which serves as a common or collective identification for two (2) or more uses-by-right on the same site.

(13)

Memorial Signs. Memorial signs or tablets if not more than ten (10) square feet in area, names of buildings and date of erection when cut into any masonry surface or inlaid so as to be part of the building when constructed of bronze or other non-combustible material and which are not illuminated.

(14)

Occupant Signs. Signs limited in content to name of occupant, address of premises, and signs of danger or a cautionary nature which are limited to: wall and ground signs; no more than two (2) per street front; no more than four (4) square feet per sign in area; no more than ten (10) feet in height above grade; signs which may be illuminated only from a concealed light source which shall not flash, blink, chase, or fluctuate; and, signs which are not animated.

(15)

Off-site Sign. A type of directional sign that directs attention to a business, commodity, service, entertainment, attraction or product sold, offered or existing elsewhere than upon the same lot where the sign is located, including billboards.

(16)

Political Signs. Political signs may be erected and maintained provided that such signs shall not be a banner of paper or cloth; shall not be posted more than sixty (60) days prior to the election to which the sign relates; shall be removed prior to ten (10) days following the election to which the sign relates; shall be of the wall, window, or ground type; shall not exceed two (2) signs for each front line of the lot; shall not exceed thirty-two (32) square feet per face; shall not exceed a height more than twenty-five (25) feet above grade; shall be illuminated from only a concealed light source; shall not flash, blink, or fluctuate; and shall not be animated. No such sign shall be on any public right-of-way and the candidate and/or the election committee shall be solely responsible for the placement and removal of all signs.

(17)

Professional. Nameplate signs not more than two (2) square feet in area that are fastened flat to the building.

(18)

Projecting Sign. A sign (other than a wall sign) which projects from and which is supported by a wall of a building.

(19)

Public Signs. Signs required or specifically authorized for a public purpose by any law, statute, or ordinance; which may be of any number, type, area, height above grade, location, illumination, or animation, authorized by the law, statute, or ordinance under which the signs are erected.

(20)

Real Estate Signs. Signs not extending outside the property line and not more than five (5) square feet per face in area which advertise the sale, rental, or lease of the premises upon which such signs are located no more than one (1) sign per street frontage and no sign shall be on any part of the public right-of-way.

(21)

Roof Sign. A sign or advertising object mounted on the roof of a structure.

(22)

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

(23)

Sign Without Backing. Any word, letter, emblem, insignia, figure, or similar character or group thereof, that is neither backed by, incorporated in, or otherwise made part of any larger display area.

(24)

Sign, Nonconforming. (See "Nonconforming sign.")

(25)

Signs in the Display Window. Signs in the display windows that are not permanently attached to the structure.

(26)

Signs Within Buildings. Any sign placed inside a building may be erected without a permit but subject to the safety regulations of the building code.

(27)

Temporary Sign. Any sign or advertising display constructed of cloth, canvas, fabric, plywood, or other light material intended to be displayed for a short period of time.

(28)

Wall Sign. A sign which is attached to, painted on, or erected against a wall of a building which extends no more than eight (8) inches from the wall surface upon which it is attached and whose display surface is parallel to the face of the building to which the sign is attached.

(29)

Window Sign. A sign which is applied or attached to or located within three (3) feet of the interior of a window, which sign can be seen through the window from the exterior of the structure.

"Single-family equivalent" means a structure or part of a structure designed or capable of providing single-family household occupancy. For purposes of code administration, "single-family equivalent" shall be based on the average size of single-family dwelling units and average number of residents per occupied dwelling in the city—one (1) resident per 499 square feet of usable floor area (Sources: 1990 U.S. Census and the Montezuma County assessor).

"Site" means a parcel or portion of land separated from other parcels or portions by legal description and abutting upon one (1) or more public streets or roads intended for use-by-right occupancy.

"Site specific development plan" can be called "final plan," the "final plat," the "final subdivision plan," "final site plan," the "final master plan," and "approved conditional use permits." Irrespective of its title, "site specific development plan" means the final approval step for all developments, which occurs prior to building permit application. However, if the landowner wishes such approval to have the effect of creating vested rights pursuant to Article 68 of Title 24, C.R.S., as amended, the landowner must so request such approval to be considered. Failure of the landowner to request vested property rights shall render the approval not a "site specific development plan," and no vested rights shall be deemed to have been created.

"Street" means a public way, other than an alley or driveway, which affords the principal means of access to abutting property.

(a)

"Arterial/highway street" means a thoroughfare ultimately designed for the movement of two (2) or more lanes of moving traffic in each direction, and designated as a major street by the comprehensive plan or the Cortez thoroughfare plan.

(b)

"Collector street" means a thoroughfare ultimately designed for the movement of one or more lanes of moving traffic in each direction and designated as a secondary street.

(c)

"Local street" means a street which has the primary function of providing access to abutting property and which does not normally carry through traffic.

(d)

"Marginal access street" means a street which is parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through traffic.

"Street line" means a dividing line between a lot, tract or parcel of land and a contiguous street, the right-of-way line or easement line.

"Street trees" means trees, shrubs, bushes, and all other woody vegetation on land located within the right-of-way of any street or alley within the city.

"Street width" means the dimension of the shortest distance between the lines that delineate the right-of-way of a street, road or other way.

"Structural alterations" means any change in the supporting member of a building, such as a bearing wall, column, beam or girder.

"Structure" means that which is built or constructed, an edifice or building or any kind or any piece of work artificially built up or composed of parts joined together in some definitive manner.

"Subdivision improvements agreement" means one or more security arrangement(s) that may be accepted by the city to secure the construction of such public improvements as are required by this code as a condition of the approval of a subdivision.

"Subdivision" means the division of any parcel of land into two or more parcels, separate interests or interests in common, except when such division: (1) creates parcels of land each 35 or more acres, none of which is intended for use by multiple owners; (2) creates parcels of land, such that the land area of each parcel, when divided by the number of interests therein, results in 35 or more acres per interest; (3) could be created by any court in this state pursuant to the law of eminent domain, or by the operation of law, or by order of any court in this state if the city is given timely notice of any such pending action by the court and given the opportunity to join as a party in interest in such proceeding for the purpose of raising the issue of evasion of this code prior to entry of the court order; and if the city does not file an appropriate pleading within twenty days after receipt of such notice by the court, then such action may proceed before the court; (4) is caused by a lien, mortgage, deed of trust or any other security instrument subject to the conditions of subsection (3) of this section; (5) is caused by a security or unit of interest in any investment trust regulated under the laws of this state, or any other interest in an investment entity; (6) creates cemetery lots; (7) creates an interest or interests in oil, gas, minerals, or water that is now and hereafter severed from the surface ownership of real property; or (8) is caused by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy, or as tenants in common.

"Surface estate" means an interest in real property that is less than full fee title that does not include the mineral rights as shown by the real estate records of the county in which the property is situated.

"Surface owner" means the owner of the surface estate and any person with rights under a recorded contract to purchase all or part of the surface estate.

"Toxic and noxious matter" means any solid, liquid, or gaseous matter that is present in sufficient quantities to endanger health, safety and comfort of persons in the vicinity or that may injure or damage property.

"Tower" means any ground or roof-mounted pole, spire, structure, or combination thereof taller than fifteen (15) feet, including supporting lines, cables, wires, traces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

(a)

Tower, Multi-User. "Multi-user tower" means a tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.

(b)

Tower, Single-User. "Single-user tower" means a tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this code.

"Urban agriculture" means the growing, processing, and distributing of food and other products through plant cultivation and animal husbandry in and around the city.

"Urban influence area" means an area identified in the Cortez thoroughfare plan surrounding the city that is suitable for urbanization.

"Usable floor area" means all of the floor area in a building or buildings including hallways, but excluding areas of floor devoted to structural or partition walls, stair wells, elevator shafts, storage, boiler rooms, and mechanical service rooms.

"Variance" means an adjustment in the application of certain zoning district regulations to a particular parcel of property that, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.

Vendor, Mobile. Definitions pertaining to mobile vendors are as follows:

(a)

Arts and Crafts means any items handmade by the vendor that are new, original designs by the vendor/artist, copyrighted by the vendor/artist, and or thirty-five (35) percent of the surface decoration hand made by the vendor/artist. Acceptable items include:

(1)

Drawings: in charcoal, pastels, chalk, pencil, wax, and crayon.

(2)

Graphics.

(3)

Paintings: in oil, acrylics, watercolor, etc.

(4)

Paper: works using hand-made paper as the principal part of the object.

(5)

Photography: photographic prints made from the artist's original negative.

(6)

Printmaking: printed works for which the artist's hand manipulated the plates, stones or screens.

(7)

Sculpture: three-dimensional original work done in any medium, including built up works in wood.

(8)

Ceramics: wheel thrown, coil, slab, slip cast or modeled objects made from clay or porcelain.

(9)

Fiber: all work crafted from fibers including basketry, embroidery, weaving, tapestry and papermaking.

(10)

Glass: work that has glass as the principle component.

(11)

Jewelry: all jewelry whether the work is produced from metal, glass, clay fiber, paper, plastic or other materials.

(12)

Leather: work that has leather as the principal component.

(13)

Metal: includes all nonsculpture, nonjewelry works crafted from metals.

(14)

Toys: work made from single or multiple components. Includes stuffed animals, dolls, puzzles, kites, and wooden toys.

(15)

Wearable fiber: hand-made and/or factory produced items with additional modifications, enhancements, or alterations done by the artist.

(16)

Wood: original works in wood that are hand-tooled, machine-worked, turned or carved.

(17)

Crafts: include candles, cottage edibles, dried flowers, soaps and folk crafts that are hand created and processed by the vendor.

(b)

"Display apparatus" means a nonpermanent structure, table, basket, wagon, tray, or cart for the display and vending of food or nonalcoholic beverages, arts and crafts and other retail items.

(c)

"Extraordinary circumstances" means occasions that are not usual, regular, or of a customary nature.

(d)

"Mobile vendor" means a person engaged in vending activity on foot using a tray, wagon, or basket.

(e)

"Public property" means all real property owned, leased or managed by the city, including, but not limited to, public rights-of-way, streets, sidewalks, parks and parking areas.

(f)

"Vending activity" means the act of selling or offering for sale food, nonalcoholic beverages, arts and crafts or other items, from a display apparatus or on foot, from a location outside of a building, and which activity is not an accessory use as defined by this code.

(g)

"Vending history" means the name(s) on the city-approved applications for mobile vendors.

"Vested property right" means the right to undertake and complete the development and use of property under the terms and conditions of a "site-specific development plan."

"Vibration" means a periodic displacement of the earth measured in inches.

"Warehouse" means a facility where a service is rendered to a business for the purpose of storing a product(s).

"Wetlands" means those areas which are saturated or inundated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils conditions. These areas can be man-made or natural and, in addition to the vegetation types, the soils must be hydric (organic or mineral), and be saturated for five (5) percent or more of the growing season within twelve (12) inches of the ground. Wetlands generally include swamps, marshes, bogs, wet meadows and similar areas. Some typical plants found in wetlands include sedges, rushes, bulrushes, cattails and willows.

"Workforce housing" means housing that is affordable to a household with an income of between eighty (80) percent and one hundred forty (140) percent of the area median income for households of that size. Developers will be required to provide assurances that the housing is and will remain affordable for at least twenty (20) years.

"Wrecking or auto salvage yard" means a yard or building where automobiles or parts of automobiles or machinery are stored, dismantled and/or offered for sale in the open as whole units, as salvaged parts or as processed metal.

"Yard" means an open space on the lot that is not obstructed from any point thirty (30) inches above the general ground level of the graded lot to the sky except as authorized obstructions.

(a)

"Front yard" means a yard adjacent to a front lot line and extending from the lot line a uniform distance into the lot.

(b)

"Rear yard" means a yard adjacent to a rear lot line and extending from the lot line a uniform distance into the lot.

Zoning Administrator. The city planner or his or her duly-authorized representative shall be the zoning administrator. If the city planner's position is vacated for an extended period of time, the zoning administrator shall be an officer designated by the city manager to enforce the provisions of this code.

"Zoning development permit" means a permit issued by the city planner that allows a developer to engage in development in compliance with all applicable sections of this code and further enables the developer to seek a building permit that would allow the developer to commence actual development.

"Zoning map" means the certified official zoning map upon which the boundaries of the various zoning districts are drawn.

(Ord. 1050 (part), 2005; Ord. 1037, 2005; Ord. 1026 (part), 2004; Ord. 1024 (part), 2004; Ord. 1015 (part), 2004; Ord. 982 (part), 2003; Ord. 973 (part), 2002; Ord. 971 (part), 2002)

(Ord. No. 1135, 1-12-2010; Ord. No. 1155, 2-28-2012; Ord. No. 1166, 5-22-2012; Ord. No. 1167, 9-11-2012; Ord. No. 1212 , 8-9-2016; Ord. No. 1311 , 10-25-2022)

(a)

Authority. The zoning administrator shall have the authority to make all interpretations of the text of this code, and the boundaries of the official zoning map.

(b)

Initiation. An interpretation may be requested by any affected person, any resident or real property owner in the city, or any person having a contractual interest in real property in the city.

(c)

Procedures.

(1)

Submission of Request for Interpretation. Before an interpretation shall be provided by the zoning administrator, a request for interpretation shall be submitted to the zoning administrator in a form established by the zoning administrator.

(2)

Determination of Completeness. Within a reasonable amount of time after a request for interpretation has been received, the zoning administrator shall determine whether the request is complete. If the zoning administrator determines the request is not complete, he shall serve written notice on the applicant specifying the deficiencies. The zoning administrator shall take no further action on the request for interpretation until the deficiencies are remedied.

(d)

Rendering of Interpretation. After the request for interpretation has been determined complete, the zoning administrator shall render an interpretation within a reasonable amount of time. The zoning administrator may consult with the city manager and the city attorney; review this code and the official zoning map, whichever is applicable, before rendering an interpretation.

(e)

Form. The interpretation shall be in writing and shall be sent to the applicant by certified mail.

(f)

Official Record. The zoning administrator shall maintain an official record of all interpretations in the City Hall, which shall be available for public inspection during normal business hours.

(g)

Appeal. Any person who has made a request for interpretation may appeal the interpretation of the zoning administrator to the city council by filing an application within thirty (30) days of the zoning administrator's decision. The date of the decision shall be the postmark date of the certified mail notifying the applicant of the interpretation. The application shall be considered by the city council within thirty (30) days of its filing, and the interpretation of the zoning administrator affirmed or modified.