Durango City Zoning Code

Words and terms used in the context of Division 4-4-6, Floodplain Management and Flood Damage Prevention, shall be as defined pursuant to the National Flood Insurance Program (NFIP), 44 CFR, Part 59, as the same may be amended from time to time. Copies of these definitions are available at the Department.

Effective on: 7/1/2014

Effective on: 7/1/2014

Effective on: 7/1/2014

In case of difference of the meaning or implication between the text of this LUDC and the captions for each Chapter, Article, Division, Section, or Subsection, the text shall control.

Effective on: 7/1/2014

If a cross-references is set out within this LUDC, the cross-reference refers to another part of this LUDC unless a separate document is specifically included in the cross-reference. See Section 7-1-1-3, External References.

Effective on: 7/1/2014

1. Statutory and United States Code References.
   1. References to the Colorado Revised Statutes or United States Code shall be interpreted to mean the most current version of the referenced Section at the time the reference is applied. If a referenced Section is repealed and replaced by another Section of the Colorado Revised Statutes or United States Code with comparable subject matter, the replacement Section shall control. If a referenced Section is repealed and not replaced, the repealed Section shall control if it is within the home rule powers of the City to effectuate such result, or the application shall be held (and not considered officially filed) for up to 12 weeks for the City to revise this LUDC to resolve the reference and establish an appropriate rule or policy.
   2. Where referenced Sections are the source of authority for the promulgation of administrative rules, references to the Colorado Revised Statutes or United States Code shall be interpreted to include the phrases "and rules promulgated thereunder."
2. Disclaimer Regarding Hyperlinks. Hyperlinks to the Colorado Revised Statutes or other external documents within the online version of this LUDC are provided for the convenience of the user. The Colorado Revised Statutes and other referenced documents stand in their own right and are not a part of this LUDC unless specifically incorporated by reference (e.g., the "Official Zoning Map") or by application of Subsection A., above. Broken and misdirected hyperlinks may occur as a result of typographical or administrative error or changes in the location of the referenced documents, and shall have no force with respect to the interpretation of this LUDC.
3. Authorization to Maintain Hyperlinks. The Administrator is authorized, without further action by the City Council, to:
   1. Add, remove, and maintain hyperlinks to external materials that are referred  in this LUDC;
   2. Add, remove, and maintain hyperlinks among related Sections and definitions within this LUDC, whether the related Sections and definitions are set out within the adopted text or provided as annotations for ease of access and reference (however, annotations shall be clearly marked as such); and
   3. Maintain appendices to this LUDC, which may be hyperlinked to and / or from the substantive requirements or annotations of this LUDC.

Effective on: 7/1/2014

1. Generally. The illustrations provided in this LUDC are intended to provide visual guidance regarding how particular standards are to be applied, and are not intended as standards in their own right.
2. Conflicts. Where there is a conflict between the text, caption, or graphic in an illustration and the text of the LUDC, the text of the LUDC controls.
3. Authorization to Create, Delete, and Modify Illustrations. To facilitate the application and understanding of the provisions of this LUDC, the Administrator is authorized to create, delete, and modify the illustrations herein, and to provide or delete references within the text of the LUDC, without a code amendment.

Effective on: 7/1/2014

1. Generally. For purposes of interpretation of this LUDC, the following rules of construction apply:
   1. The particular takes precedence over the general.
   2. Words used in the present tense include the future, words in the singular include the plural, and words of one gender include all other genders, unless the context clearly indicates the contrary.
   3. The word "shall" is mandatory.
2. Defined Words and Phrases. Words and phrases which are defined in Article 7-3, Definitions, are those having a special meaning relative to the purposes of this LUDC. All words, terms, and phrases not otherwise defined herein shall be given their usual and customary meanings, unless the context clearly indicates a different meaning was intended.

Effective on: 7/1/2014

1. A.
   Table 7-1-2-2, Acronyms, sets out acronyms that are used within this LUDC. The Administrator is authorized to update this table without further action by the City Council when amendments to this LUDC include new acronyms.

Effective on: 2/1/2024

1. Generally. Setbacks are the minimum required distances between lot lines and buildings or structures. They are generally measured as an offset from the referenced lot lines (or curves) toward the interior of the lot. Setbacks are established for the following purposes:
   1. To complement the scale of the land use.
   2. To provide an appropriate streetscape proportional to the lot sizes allowed.
   3. To provide a certain character to an area based on the uses allowed.
   4. To provide for any interrelationship between principal uses or principal and accessory uses.
   5. To provide desirable structure separation from traffic corridors and adjoining uses.
   6. To provide structure separation required by adopted construction/building codes.
   7. To aid a community need for possible alternative (i.e., solar) energy uses.
   8. To provide for emergency access to buildings.
   9. To provide for light and air to buildings in a manner which is consistent with the character of the zone in which the buildings are located.
   10. To support the privacy expectations of residential lot owners.
2. Measurements, Generally. On regularly-shaped properties, setbacks are measured as follows:
   1. Front setbacks are measured from the front property line.
   2. Interior side setbacks are measured from side property lines.
   3. Street side setbacks are measured from street side property lines.
   4. Rear setbacks are measured from rear property lines.
3. Adjustment of Front and Street Side Setbacks Based on Right-of-Way Width.
   1. Generally. Front and street side setback requirements are established based on a full standard right-of-way width.
   2. Substandard Right-of-Way Width. If the street right-of-way is not fully dedicated in conformance with the street classification map, the required setback dimensions shall be increased to accommodate the required dedication and provide the setback from the new right-of-way line.
4. Exceptions to Setback Requirements. The following architectural elements and structures are not subject to the setback requirements of this LUDC.
   1. Fences and walls including trellises and arbors that meet the requirements of Section 3-5-1-1, Fences and Walls.
   2. Retaining walls that meet the requirements of Section 3-5-1-2, Retaining Walls.
5. Allowed Encroachments. Specified structures and architectural features may encroach into required setback areas as provided in Table 7-2-1-1, Setback Reductions for Building Elements, Equipment, and Structures.

6. Limitations.
   1. No building, building element, or structure shall cross a lot line:
      1. Into separately owned property, unless a recorded document provides for access to and maintenance of the projection;
      2. Into public property or rights-of-way, unless a revocable encroachment permit is issued by the City Engineer;
      3. Into access easements;
      4. Into conservation easements, unless the encroachment is consistent with the terms of the easement; or
      5. Into utility easements, unless the design of the improvement and a recorded agreement allows access to the utility and allows the utility or the City to efficiently remove the encroachment at the property owner's expense.
   2. The setback reductions that are allowed by this Section shall not be allowed if the result would be encroachment into a required bufferyard or an area that is designated for natural resource protection according to the standards of Article 4-4, Natural and Archaeological Resources.

Effective on: 7/1/2014

1. Generally. There are two measures of gross floor area for the purposes of this LUDC: gross floor area (generally) and gross floor area (parking). They are measured according to the methodology of this Section.
2. Gross Floor Area (Generally).
   1. In general, gross floor area ("GFA") is used to determine floor area ratio (FAR) for the purposes of evaluating the physical scale of a development.
   2. GFA is measured as the sum of the following areas, which shall not include areas identified in Subsection B.3., below:
      1. The area of the floor planes of all above-grade floors in buildings, measured within the boundaries of the outside building wall planes of the building story being measured. This area also includes, if present:
         1. Garage floors; and
         2. Voids (e.g., stairwells and areas that are open to lower floors).
      2. The area of the floor planes of below-grade floors in buildings, measured within the boundaries of the outside building wall planes of the below-grade floors, if the exterior walls of the below-grade floors are exposed to a height of at least three feet above adjacent grade. If only a portion of the walls are exposed to a height of at least three feet, then the portion of the floor plane that is counted is equal to the area of the floor plane times the following quotient:
         1. The perimeter of the outside wall of the below-grade floor that is exposed to a height of at least three feet above adjacent grade ("exposed perimeter"); divided by
         2. The total perimeter of the outside wall of the below-grade floor.
      3. The area covered by carports.
      4. Areas, except carports, that are covered by a permanent roof or awning structure, if their perimeter is bounded by 2 or more walls (e.g., covered porches, balconies, patios, and breezeways).
   3. The following shall be excluded from the measurement of the areas that are identified in Subsection B.2., above:
      1. Non-habitable attic spaces.
      2. The areas of floors in locations where there is less than five feet of clearance between the finished floor and the ceiling.
      3. Parking structures for nonresidential uses.
3. Gross Floor Area (Parking).
   1. Gross floor area (parking) is used for parking calculations, as provided in Section 4-5-2-2, Required Off-Street Parking Spaces (Parking Tables).
   2. Gross floor area (parking), unless otherwise specified by Section 4-5-2-2, Required Off-Street Parking Spaces (Parking Tables), is measured as the sum of the following areas:
      1. The area of the floor planes of all floors in buildings, measured within the boundaries of the inside building wall planes of the building story being measured, less that area on each floor that is occupied by voids (e.g., elevator shafts, except on the lowest floor; areas open to lower floors); and
      2. Outside areas that increase the intensity of the principal use in a comparable manner to indoor floor area, such as outdoor and rooftop dining areas and permanent outdoor merchandise displays. Courtyards, plazas, and other comparable areas are not included unless they are used as an active extension of the principal use.
4. Gross Leasable Area (Parking).
   1. Gross leasable area (parking) is used for parking calculations, as provided in Section 4-5-2-2, Required Off-Street Parking Spaces (Parking Tables).
   2. Gross leasable area (parking) is measured as the total floor area of a commercial building which is designed for tenant occupancy and exclusive use.

Effective on: 8/30/2022

Building coverage is measured as the area of a lot or parcel which is occupied by principal and accessory buildings at ground level. For the purpose of this LUDC, building coverage is measured as the footprint of the principal and any accessory buildings at grade, including any carport (whether enclosed or not). Eaves 18 inches and less shall not be included in the measurement of building coverage. Overhangs, covered porches, and all decks are included in the measurement of building coverage.

Effective on: 7/1/2014

Lot area is the area enclosed by lot lines.

Effective on: 7/1/2014

1. Generally. There are three measurements of building height: wall plate height, overall height (or "building height"), and stories. They are measured as provided in this Section.
2. Wall Plate Height. Wall plate height is measured along each exterior wall of a building from the reference elevation to the applicable wall plate height measurement line.
   1. Reference Elevation. The reference elevation for the purposes of measuring wall height is the continuous finished grade along the wall (or, in the case of building elements with wall planes that are inset from the exterior building walls, nearest to the face of the wall), provided that the finished grade is not higher than necessary to provide positive drainage away from the building. Where additional fill is used to raise the elevation of the building for purposes other than drainage or required flood protection, such additional fill shall not raise the elevation of the reference elevation.
   2. Wall Plate Height Measurement Line.
      1. For building walls under sloped roofs (except walls under gable ends, gambrel ends, barn hip ends, or shed roof ends), the wall plate height measurement line is the line or line segments at which the underside of the eave (or cornice, in the absence of an eave) meets the exterior building wall (the "wall height measurement line"). Hipped gable roof ends are considered "sloped roofs" for the purposes of this measurement.  (See Figure 7-2-1-5A, Illustrative Wall Height Under Sloped Roof Forms.)

Figure 7-2-1-5A Illustrative Wall Height Under Sloped Roof Forms

2. 2. 2. For building walls under gable ends (including symmetrical gables, saltbox gables, split gables, gambrels, and barn hips), the wall height measurement lines are the line segments that extend horizontally along the building wall in the direction of the peak of the gable or center of the barn hip (as applicable):
         1. From the point at which the underside of the eave (or cornice, in the absence of an eave) meets the building wall at each end of the gable, gambrel, or barn hip roof form;
         2. To a point on a vertical line that intersects with the peak of the gable or gambrel or the centerline of the barn hip, as applicable to the roof form.  (See Figure 7-2-1-5B, Illustrative Wall Height Under Gable Ends.)

Figure 7-2-1-5B Illustrative Wall Height Under Gable Ends

2. 2. 3. For building walls under shed roof ends, the wall height measurement line is a line segment that extends horizontally along the building wall in the direction of the ridge of the shed, from the point at which the underside of the eave (or cornice, in the absence of an eave) meets the building wall at the lower point of the shed, to a point on a vertical line that extends downward along the wall plane along the wall or corner closest to the ridge of the shed.  (See Figure 7-2-1-5C, Illustrative Wall Height Under Shed Roof Ends.)

Figure 7-2-1-5C Illustrative Wall Height Under Shed Roof Ends

2. 2. 4. For building walls under flat roofs, the wall height measurement line is a horizontal line that crosses the top of each parapet wall that is visible on the building facade or elevation along which wall height is being measured.  (See Figure 7-2-1-5D, Illustrative Wall Height Under Flat Roofs.)

Figure 7-2-1-5D Illustrative Wall Height Under Flat Roofs

3. 3. Wall Plate Height Measurement Line Exception. Dormers and clearstory windows are not counted towards wall plate height measurement.

   4. Roof Truss Height. A roof truss shall not exceed 12 inches in height measured parallel to and at the wall plate.  Extra truss height shall be included in wall plate height.

3. Overall Height. Overall height is measured for the entire building.
   1. Reference Plane.
      1. Height is calculated from the "warped plane" of the surface elevation of the:
         1. Existing grade, where no grading is proposed; or
         2. Finished grade, where such grade is not higher than necessary to provide positive drainage away from the building. However, where additional fill is used to raise the elevation of the building for purposes other than drainage or required flood protection, such additional fill shall not raise the elevation of the reference plane.
      2. The height plane may be measured from contours provided for a grading and drainage plan or other required plan that shows topography. Slopes between contour lines are assumed to be constant.
   2. Overall Height. Overall height is measured as the greatest vertical distance between the reference plane and the any point on the top of the building that is not exempt from building height measurement.

Figure 7-2-1-5D Illustrative Overall Height "Warped Plane"

4. Stories. Stories are measured as follows:
   1. Story. A story is that portion of a building which is included between the upper surface of any floor and the upper surface of the next floor above or, in the case of the topmost story, the upper surface of the topmost floor and the ceiling or roof above (unless it is a half-story, see Subsection D.2., below).
   2. Half-Story. A half-story is a space under a sloping roof which has the line of intersection of roof decking and exterior wall face not more than four feet above the top floor level.
   3. Treatment of Areas Below Grade. If the finished floor level directly above a below-grade floor or crawlspace is more than three feet above grade as defined herein for 50 percent or more of the total perimeter, or is nine feet or more above grade at any point, such below-grade area is counted as a story.
   4. Limitation. If the vertical dimension of a story is more than 14 feet for the first story or 12 feet for an upper story, a half-story shall be added to the measurement of stories for each additional six feet, or fraction thereof, between floors. If a topmost floor does not have a ceiling, this limitation does not apply unless the distance from the floor to the top of the plate is greater than 12 feet.
5. Exceptions to Building Height Measurement.
   1. The following building elements and appurtenances may cross the height planes, but only to the minimum degree necessary to achieve compliance with applicable building codes, or if not regulated by building codes, to provide for appropriate function: chimneys, vents (e.g., attic fans, cupola vents, radon mitigation, plumbing vents, etc.), and light collection domes for daylighting systems.
   2. In the RH, MU-A, CG, CR, BP, and LI zones, the following may extend up to 10 feet above the height plane, provided that, collectively, they do not occupy more than 10 percent of the area of the roof (measured horizontally): non-habitable towers, spires, belfries, and domes; screened mechanical equipment; "green roof" vegetation; roof access, elevator, and stair towers; and clock towers.
   3. Barns and silos in the RA zone are not subject to building height limits, provided that the buildings are set back at least one foot for each two feet of building height.

Effective on: 11/16/2016

1. Generally. The height of structures other than buildings and signs is measured according to the methodologies of this Section.
2. Monopoles and Towers. The height of a monopole or tower is the distance from the lowest grade at the base of the monopole or tower to the top of the highest point on the monopole or tower, including attachments thereto. If the attachment is a wind turbine, the highest point is the top of the rotor at its highest point.
3. Roofed Structures. The height of structures with roofs (e.g., gazebos) is measured as the distance from the lowest grade at the base of the structure to the top of the highest point on the structure, including attachments thereto.
4. Fences, Walls, or Retaining Walls.
   1. Generally. The height of fences, walls, or retaining walls is measured as the vertical distance from a point of measurement at the average finished grade for each interval on the outside of the enclosed area (or the side closest to the property line if the fence or wall does not enclose anything) to the highest point at the top of the fence or wall, excluding posts and pilasters.
   2. Measurement Intervals. In general, fence or wall height is measured in 40 foot horizontal intervals, or the distance between posts or pilasters, whichever is shorter. However, where the average finished grade exceeds five percent (2.86 degrees), the horizontal interval between height measurements shall be equal to two divided by the slope, where the slope is expressed as rise divided by run.
   3. Posts and Pilasters. Fence posts or pilasters may exceed the height of the highest portion of the fence or wall that is connected to the post or pilaster by up to one foot.
   4. Arbors and Trellises connected to fences and walls may be permitted to exceed the height limit by up to two feet (maximum height of eight feet) for a maximum width of eight feet.

Figure 7-2-1-6 Measurement of Fence or Wall Height

Effective on: 7/1/2014

1. See Section [@@1456], Sign Standards and Requirements.

Effective on: 7/1/2014

1. Generally. The measurements of this Section apply to trees and landscaping.
2. Diameter at Breast Height. Diameter at breast height (DBH) means a measurement of the size of tree that is equal to the diameter of its trunk, measured four and one-half feet above the adjacent natural grade. The diameter is equal to the circumference divided by pi (3.14).
3. Caliper Measurements. Caliper means a method of measuring the diameter of a tree trunk. The measurement is taken six inches above the ground up to and including four-inch caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper is measured at 12 inches above the ground. The measurement is taken according to the methodology set out in the most current edition of the American Standard for Nursery Stock, published by the American Nursery and Landscape Association.
4. Container Measurements. Containers are specified in Table 7-2-1-8, Container Measurements.

5. Branching Height. Branching height is the distance from the ground to the first branches of a tree.
6. On-Center Spacing. On-center spacing is the horizontal distance between the centers of the trunks of trees, measured at ground level.

Effective on: 7/1/2014

1. Generally. Open space includes all areas of a parcel proposed for development that are open from ground to sky and are used for bufferyards, resource protection, outdoor recreation, and leisure areas with permeable ground surfaces, naturalized stormwater best management practices, and vegetative landscaping, except landscape areas that:
   1. Are used to reduce the depth of a parking stall;
   2. Are less than five feet in any dimension; and / or
   3. In a residential subdivision, are allocated to private yards, except as may be allowed by Section 2-4-2-2, Residential Density, Open Space, and Recreation and Leisure Areas.

Effective on: 7/1/2014

Residential density is measured as the number of dwelling units per acre of a parcel proposed for development. The measure of residential density may be affected by adjustments set out in Division 2-4-2, Residential Development Yield.

Effective on: 7/1/2014

Building coverage ratio is calculated as building coverage (see Section [@@1236], Building Coverage) divided by lot area (see Section 7-2-1-4, Lot Area).

Effective on: 7/1/2014

1. Generally. Floor area ratio (FAR) is floor area (see Section 7-2-1-2, Gross Floor Area) divided by lot area (see Section 7-2-1-4, Lot Area).
2. Exclusion of Floor Area for Detached Garages in EN Districts. In the EN-1 and EN-2 districts, up to 450 square feet of detached garage floor area may be excluded from the calculation of the FAR, following staff review according to the adopted design guidelines. However:
   1. The exclusion does not apply to a garage with living area above or attached to it; and
   2. The floor area is still counted towards the calculation of building coverage ratio.

Effective on: 7/1/2014

Open space ratio (OSR) is open space (see Section [@@883], Open Space) divided by the area of a parcel proposed for development.

Effective on: 7/1/2014

Landscape surface ratio (LSR) is the total area of landscaped permeable surfaces, including bufferyards, resource protection areas, parking lot landscaping, and other comparable areas (provided that no dimension is less than five feet), divided by either lot area (see Section 7-2-1-4, Lot Area) or the area of the parcel proposed for development, as may be applicable.

Effective on: 7/1/2014

100-Year Flood (Floodplain Management Regulations)  means a flood having a recurrence interval that has a one-percent chance of being equaled or exceeded during any given year (1-percent-annual-chance flood). The terms "one-hundred-year flood" and "one percent chance flood" are synonymous with the term "100-year flood." The term does not imply that the flood will necessarily happen once every one hundred years.

Effective on: 7/1/2014

100-Year Floodplain  (Floodplain Management Regulations) means the area of land susceptible to being inundated as a result of the occurrence of a 100-year flood.

Effective on: 7/1/2014

360-Degree Architectural Treatment means the use of similar and compatible building materials, color schemes, relief and details, windows, openings, rooftop screening, landscaping, and other architectural and design features on all sides of a building, such that all sides of the building present an appearance that is comparable to the front or primary entrance to the building.

Effective on: 7/1/2014

500-Year Flood (Floodplain Management Regulations) means a flood having a recurrence interval that has a 0.2 percent chance of being equaled or exceeded during any given year (0.2-percent-chance-annual-flood). The term does not imply that the flood will necessarily happen once every five hundred years.

Effective on: 7/1/2014

500-Year Floodplain (Floodplain Management Regulations) means the area of land susceptible to being inundated as a result of the occurrence of a 500-year flood.

Effective on: 7/1/2014

Abandonment means:

1. With reference to the Oil and Gas Regulations, the permanent abandonment of a well, and shall be based on the operator's filing of abandonment with the Colorado Oil and Gas Conservation Commission ("COGCC"). Presumption of permanent abandonment of a major oil and gas facility shall be based upon nonuse or nonoperation for one year without notification to the Administrator of the intent to resume operations under specified conditions.
2. With reference to nonconformities, discontinuance of a nonconforming use, or discontinued use of a nonconforming building, structure, or sign, for the period specified in Section 6-1-3-1, Continuation and Termination.

Effective on: 7/1/2014

Abut means to directly touch and have common boundaries. Parcels across a public right-of-way or easement would not be abutting.

Effective on: 7/1/2014

Accessory Building means a detached subordinate building, the use of which is customarily incidental to, and supportive of, the principal building or the principal use of land and which is located on the same parcel of ground with the principal building or use.

Effective on: 5/6/2015

Accessory Use means a use customarily incidental to, subordinate to, and supportive of the principal use of the parcel.

Effective on: 5/6/2015

Active Solar Design means building and site design which supports the effectiveness of active solar collection technologies (solar collection techologies that use electrical or mechanical means to convert solar energy into other forms of energy), such as photovoltaics, solar water heaters, or solar heat collectors. Designs that incorporate active solar technologies that do not offset the energy demands of the corresponding building systems (e.g., a solar water heater is expected to offset only the energy demands of a conventional gas or electric water heater) by more than 25 percent are not considered active solar designs.

Effective on: 7/1/2014

Addiction Recovery Facility means a facility that provides short-term overnight stays that provides for the treatment or counseling of persons having drug or alcohol abuse problems under the supervision of professional health care or social services providers.

Effective on: 7/1/2014

Addition means any activity that expands the enclosed footprint or increases the square footage of an existing structure.

Effective on: 7/1/2014

Adjacent means to be abutting, adjoining, or in the immediate vicinity of an area, and close enough to be impacted or potentially be impacted by changes in that area.

Effective on: 7/1/2014

Adjoin means to be abutting, but separated by an alley, easement, canal, or waste ditch.

Effective on: 7/1/2014

Administrator means the Director of the Department of Community Development or the designee thereof.

Effective on: 7/1/2014

Administrator Determination means, with respect to Fast Track Review only, a determination by the Administrator to expand Fast Track Review eligibility to additional projects beyond those eligible pursuant to Section 6-3-4-5.B.

Effective on: 6/30/2026

Adult Day Care means a facility which is certified by the State of Colorado to provide health and social services on a less than twenty-four-hour basis to elderly, blind, or disabled adults.

Effective on: 7/1/2014

Adult Entertainment means any exhibition, display, activity or dance that involves the appearance or exposure to view of specified anatomical areas.

Effective on: 7/1/2014

Advanced Ecologically Engineered Wastewater Treatment System means a wastewater treatment system that uses a combination of settling tanks and constructed wetlands (with microorganisms and wetland plant species) to treat effluent to tertiary and re-use quality standards.

Effective on: 7/1/2014

Affordable Housing means housing that is affordable to households with incomes at or below 80 percent of area median income (adjusted for household sizes).

Effective on: 7/1/2014

Age Restricted Housing means housing for persons age 67 and above.  Units may be studio or one bedroom in size.  Two bedroom units may be allowed, however, the occupancy of the unit cannot exceed 2 persons age 67 and above.

Effective on: 4/30/2019

Agent means one authorized to make binding representations on behalf of the applicant.

Effective on: 7/1/2014

Agricultural means, with reference to the Oil and Gas Regulations, currently in use for farm or ranch purposes, including pasture and assessed in the County Assessor's records as agricultural land.

Effective on: 7/1/2014

Airport means an area of land that is designated for the take-off and landing of aircraft, including areas for ticketing, security, aircraft maintenance, luggage or cargo handling, ground transportation services, and accessory retail and restaurant uses.

Effective on: 7/1/2014

Airstrip means an area of land that is developed for take-off and landing of private, noncommercial airplanes. Airstrips are intended for use by a single private owner, or by members of a property owners' association that are granted use rights to an airstrip that is located on property owned by the association.

Effective on: 7/1/2014

Alcoholic Beverage Sales, On-Premise Consumption means a use engaged in the sale of alcoholic beverages for on-premises consumption, where such sales account for more than 50 percent of gross revenues. The use does not include temporary sales of alcohol for on-premise consumption.

Effective on: 7/1/2014

Alluvial Fan Flooding (Floodplain Management Regulations) means a fan-shaped sediment deposit formed by a stream that flows from a steep mountain valley or gorge onto a plain or the junction of a tributary stream with the main stream. Alluvial fans contain active stream channels and boulder bars, and recently abandoned channels. Alluvial fans are predominantly formed by alluvial deposits and are modified by infrequent sheet flood, channel avulsions and other stream processes.

Effective on: 7/1/2014

Alteration (Sign Regulation) means change in the size, shape, or copy of an existing sign.

Effective on: 4/2/2019

Alternate Means of Compliance means, with reference to the Fair Share Housing provisions of this LUDC, compliance with said requirements by payment of a fee-in-lieu contribution or through the donation of land for affordable-attainable housing.

Effective on: 7/1/2014

Amusement Park means an outdoor entertainment facility that includes such facilities as amusement rides (e.g., roller coasters), batting cages, mini-golf, bumper cars, bumper boats, go-cart racing, and / or water slides. Amusement parks may also include indoor or outdoor areas with games, food service, and incidental retail uses (e.g., souvenir shops) that are subordinate to the principal outdoor entertainment uses.

Effective on: 7/1/2014

Animal Equivalent Unit means a unit of measurement to compare various animal types based upon equivalent forage needs or waste generation. Animal equivalent units are set out in the table below.

Effective on: 7/1/2014

Apiary means a place in which a colony or colonies of bees are kept; for example, in a stand or shed for beehives, or a bee house containing a number of beehives.

Effective on: 7/1/2014

Applicant means:

1. With reference to the Oil and Gas Regulations, that person, corporation or other legal entity possessing the legal right to develop the mineral resource or any other use proposed in connection thereof for the site in question.
2. With reference to the Fair Share Housing provisions of this LUDC, a property owner or agent of a property owner who submits a development request to the City which is subject to any Fair Share Requirements, or any successor in title that remains subject to Fair Share Requirements.
3. In all other cases, that person, corporation, or other legal entity which applies for an approval pursuant to this LUDC.

Effective on: 7/1/2014

Area Median Income ("AMI") means the median income for La Plata County, Colorado as adjusted for various household sizes and published and revised periodically by the U.S. Department of Housing and Urban Development ("HUD").

Effective on: 7/1/2014

Area of Shallow Flooding (Floodplain Management Regulations) means a designated Zone AO or AH on Durango's Flood Insurance Rate Map ("FIRM") with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Effective on: 7/1/2014

Assembly Area means that portion of a place of assembly which is used for the purposes of public assembly (e.g., a meeting hall, auditorium, etc.). It does not include associated lobbies, offices, restroom facilities, storage facilities, and kitchens. 

Effective on: 7/1/2014

Assisted Living / Congregate Care means a residential facility that provides meals and assistance with daily activities, such as dressing, grooming, and bathing, for the elderly or adults who are unable to manage these activities themselves.

Effective on: 7/1/2014

Attainable Housing means housing that is affordable to households with incomes above 80 percent of area median income but not exceeding 125 percent of area median income (adjusted for household sizes).

Effective on: 7/1/2014

Balcony means an exterior floor system, above the ground floor of a building, which is recessed into and / or projecting from the building and is entirely supported by the building. See Illustration: Three Illustrative Balconies, below.

Illustration: Three Illustrative Balconies

Effective on: 7/1/2014

Backlight means light which is cast behind a luminaire from zero degrees (straight down) to 80 degrees (the top of the BH zone). See BUG Rating for illustration of zones.

Effective on: 7/1/2014

Banner means a temporary sign having characters, letters, illustrations or ornamentations applied to flexible material (e.g. vinyl, plastic, canvas, cloth, fabric or other lightweight non-rigid material) with only such material for a backing, which projects from, hangs from or is affixed to a building or structure. Banners include pennants, cable-hung banners and teardrop banners.

Effective on: 4/2/2019

Bas Relief means a kind of sculpture in which shapes are carved so that they are only slightly higher than the flat background.

Effective on: 7/1/2014

Base Flood Elevation ("BFE") (Floodplain Management Regulations) means the elevation shown on a FEMA Flood Insurance Rate Map ("FIRM") for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.

Effective on: 7/1/2014

Basement means:

1. With reference to the Floodplain Regulations, any area of a building having its floor sub-grade (below ground level) on all sides.
2. For all other purposes, that part of a building within which the ceiling is three feet or less above adjacent grade around not less than 50 percent of the perimeter of the building.

Effective on: 7/1/2014

Bed and Breakfast means an adaptive re-use of a single-family detached building as a place of overnight accommodation, in which:

1. Five or fewer guest rooms are rented for daily and / or weekly terms;
2. Breakfast is provided to guests; and
3. The operator resides on the premises. 

Effective on: 7/1/2014

Bed and Breakfast Inn means the adaptive re-use of an historic or contributing building for overnight accommodations in which:

1. 1.
   Six or greater guest rooms are for daily and / or weekly terms;
2. 2.
   Breakfast is provided to guests; and
3. 3.
   The operator resides on the premises.

Effective on: 10/22/2025

Belt Course means a horizontal “belt” formed by a projecting course (or courses) in a masonry wall. It is used for decorative purposes.

Effective on: 7/1/2014

Bicycle Cage means a covered, locked, and shared bicycle storage unit constructed of fencing material and some form of bicycle rack.

Effective on: 7/1/2014

Bicycle Locker means an individual bicycle storage unit that is completely enclosed, constructed of waterproof material, and has a secured locking system. The unit provides security for parked bicycles from weather and theft. The phrase "bicycle locker" does not include the phrase "bicycle cage."

Effective on: 7/1/2014

Big Game means elk and mule deer.

Effective on: 7/1/2014

Big Game Migration Corridor means a relatively narrow, well-defined area where a higher than average density of big game animals traditionally make movements between seasonal ranges.

Effective on: 7/1/2014

Big Game Winter Range means areas where densities of big game animals are at least 200 percent higher than surrounding winter ranges during the average five winters out of the previous ten.

Effective on: 7/1/2014

Billboard means a large sign which directs attention to a business, activity, commodity, service, entertainment or communication which is not conducted, sold, or offered at the premises on which the sign is located, or which does not pertain to the premises upon which the sign is located.

Effective on: 4/2/2019

Boarding House means a building containing a single dwelling unit and three or more rental rooms where lodging is provided, with or without meals, for compensation.

Effective on: 7/1/2014

Broadcasting Center  means an establishment containing one or more broadcasting studios for over-the-air, cable or satellite delivery of radio or television programs, or studios for the audio or video recording or filming of musical performances, radio or television programs or motion pictures.

Effective on: 7/1/2014

BUG Rating means a system for rating the backlight, uplight, and glare of lighting fixtures, developed by Illuminating Engineering Society of North America ("IESNA") and detailed in IESNA TM-15-07: Backlight, Uplight, and Glare (BUG) Ratings. BUG ratings for outdoor luminaires are typically available from the manufacturers.

Figure: BUG Rating System

The BUG system is based on the amount of light that is cast in each of a number of different zones around the luminaire, as illustrated below. For more information see the definitions for Backlight, Uplight, and Glare.

Key to BUG Rating System Illustration: In all cases, B means back and F means front. UH, ‘Uplight,’ VH, ‘Very High,’ and BH and FH, ‘High,’ are all undesirable because they indicate glare.  Medium and Low light are generally the most desirable.

Effective on: 7/1/2014

Building Coverage means the area of a parcel occupied by principal and accessory structures. For the purpose of this chapter, building coverage shall be considered to be the footprint of the principal and any accessory buildings measured at grade, including any carport (whether enclosed or not). Eaves 18 inches and less shall not be included in the measurement of building coverage. Overhangs, covered porches, the entirety of eaves wider than 18 inches, and all decks are included in the measurement of building coverage.  Building coverage and lot coverage are synonymous.

Effective on: 10/22/2025

Building Envelope means the space within which a building is permitted to be constructed on a lot or parcel, which is defined by regulations regarding building setbacks, maximum height, and in some cases other standards that affect the bulk and mass of buildings.

Effective on: 7/1/2014

Building frontage (Sign Regulation) means the horizontal, linear dimension of that side of a building which abuts a street, parking area or other circulation area open to the public. Where more than one (1) use occupies a building, each such use having a public entrance shall be considered to have its own building frontage, which shall be the front width of the portion of the building occupied by that use. In the case of a corner lot, the building frontage may be either of the street frontages, but not both, at the option of the property owner or lessee.

Effective on: 4/2/2019

Campground or RV Park means an area of land developed and intended for use to provide the traveling public with short-term accommodations for recreational vehicles, motor homes, travel trailers, truck campers, buses and converted buses, and tents.

Effective on: 4/30/2019

Candela means a measure of luminous intensity, equal to the intensity of a light source that emits monochromatic radiation of frequency 540×1012 hertz with a radiant intensity in that direction of 1⁄683 watt per steradian. If a source emits a known luminous intensity l_v (in candelas) in a well-defined cone, the total luminous flux Φ_v in lumens is calculated as:
Φ_v = I_v 2π (1 - cos(A/2)), where A is the radiation angle of the lamp (the full vertex angle of the emission cone).

Effective on: 7/1/2014

Cargo Bicycle means a bicycle, commonly referred to as a "cargo bike", designed for transporting loads or equipment, with a large container, tray, or basket attached to the bicycle that may have its own set of wheels. 

Effective on: 10/22/2025

Cemetery means any place, including a mausoleum, in which there is provided space either below or above the surface of the ground for the interment of the remains of human bodies.

Effective on: 7/1/2014

Centerline Radius means a measure of curvature of a street, which is measured from a fixed point at the center of the curve to the street centerline. See Illustration: Centerline Radius, below.

Illustration: Centerline Radius

Effective on: 7/1/2014

Centralized Facility means a facility serving multiple well pads consisting of one or more compressors, generators and/or water, gas or oil treatment equipment.

Effective on: 7/1/2014

Change of Use means a change in the essential character or nature of the activity conducted on a lot, as evidenced by:

1. A change from one principal use to another as listed in Division 2-1-3 Use / Zone Matrices; or
2. A change in proportion of space devoted to principal uses within a property; or
3. An increase in the parking demand, traffic generation, water demand or wastewater demand as calculated pursuant to existing City regulations.

Effective on: 7/1/2014

Channel (Floodplain Management Regulations) means the physical confine of stream or waterway consisting of a bed and stream banks, existing in a variety of geometries.

Effective on: 7/1/2014

Channel Letters or Symbols means a three-dimensional graphic sign element that includes a "channel" in which a light source is installed. There are four types of channel letters or symbols:

1. Front Lit. Front lit channel letters and symbols are oriented so that the channel faces out. The channel and light source are covered by a translucent plastic face. See Illustration: Front Lit Channel Letters, below.

2. Reverse Lit. Reverse lit channel letters and symbols are oriented so that the channel faces in. The light source illuminates the sign face, creating a glow that silhouettes the letters.

3. Front / Back Lit. Front / back lit channel letters and symbols have two channels, so that the letters or symbols have characteristics of both front lit and reverse lit channel letters.

4. Open Face. Open face channel letters and symbols are oriented so that the channel faces out. Unlike front lit channel letters and symbols, the light source (usually neon) is exposed.

Illustration: Front Lit Channel Letters

Effective on: 7/1/2014

Channelization (Floodplain Management Regulations) means the artificial creation, enlargement or realignment of a stream channel.

Effective on: 7/1/2014

Charging Station - See Electric Vehicle (EV) Charging Station Defintion

Effective on: 4/20/2021

Chemical(s) means any element, chemical compound or mixture of elements and / or compounds.

Effective on: 7/1/2014

Chemical Inventory means a list of the chemical products (including material safety data sheets) brought to a wellsite for use downhole during drilling, completion and workover operations including fracture stimulations and the maximum capacity of fuel stored on the oil and gas location during those operations. The chemical inventory shall state the amount of the chemical product used, the manner in which it was used or applied and the dates on which it was used.

Effective on: 7/1/2014

Chemical Product means any product consisting of one or more constituent chemicals that is marketed or sold as a commodity. The phrase "chemical product" does not include substances that are known to be entirely benign, innocuous or otherwise harmless, such as sand, walnut shells and similar natural substances.

Effective on: 7/1/2014

Child Day Care means a facility, by whatever name known, that is maintained for the whole or part of a day for the care of five or more children who are 18 years of age or younger and who are not related to the owner, operator, or manager thereof, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as day care centers, school-age child care centers, nursery schools, day camps, summer camps, and centers for developmentally disabled children. The phrase "child day care" does not include any facility licensed as a family child care home, a foster care home, or a specialized group home facility pursuant to Article 6 of Title 26 of the Colorado Revised Statutes. 

Effective on: 7/1/2014

City’s Social Services Campus – means City owned property accessed off of Avenida Del Sol, site address is 1053 Avenida Del Sol (including addresses ranging from 1050 – 1100), that is leased by a number of social service agencies.

Effective on: 4/30/2019

Clearstory Window means a window that is installed in an upper zone of wall (above eye level of people standing in the room) in order to provide daylight to the center of a room. Clearstory windows are often installed on split gable or Western-style roofs. See Illustration: Clearstory Windows, below. Where set into pitched roof systems, clearstory windows are different from dormers because: (1) they are above eye level; and (2) they are substantially set back from the building wall plane to which they are parallel.

Illustration: Clearstory Windows

Effective on: 7/1/2014

Clinic means a facility for examining and treating patients for medical purposes on an outpatient basis, including ambulatory care or similar medical services that generally require a stay of less than 24 hours.

Effective on: 7/1/2014

Clumps means groups of trees where crowns are less than 10 feet apart.

Effective on: 7/1/2014

Co-located marijuana business means a Medical Marijuana Business that has a license pursuant to Division 2 of Article VIII of the Municipal Code, that is permitted by the owner of the building and all applicable laws, to divide the licensed Medical Marijuana Business to allow for both a Medical Marijuana Business and a Retail Marijuana Establishment, as a separate business premise with separate licenses from the city, within the same footprint and owned by the same person(s) or entity.

Effective on: 7/1/2014

Code Enforcement Officer means a person appointed by the City Manager pursuant to Section 6-2-2-9, Code Enforcement Officer, to enforce this LUDC.

Effective on: 7/1/2014

Code of Federal Regulations ("CFR") (Floodplain Management Regulations) means the codification of the general and permanent Rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation.

Effective on: 7/1/2014

College / University means an educational institution that is authorized by the State of Colorado or other nationally recognized accrediting entity to award associates' or higher degrees.

Effective on: 7/1/2014

Colorado Medical Marijuana Code shall mean Article 43.3 of Title 12, C.R.S., as the same may be hereafter amended, and any other rules or regulations promulgated thereunder.

Effective on: 7/1/2014

Colorado Retail Marijuana Code shall mean Article 43.4 of Title 12, C.R.S., as the same may be hereafter amended, and any other rules or regulations promulgated thereunder.

Effective on: 7/1/2014

Commercial Retail means commercial and retail uses that do not include regular outside storage or sales. There are three classifications of commercial retail uses: high volume, medium volume, and low volume:

1. High volume:
   1. Building supply stores;
   2. Category retail stores that are larger than 20,000 sf. NFA, including: arts and crafts, hardware, hobbies, books and music, office supply, consumer electronics, or sporting goods
   3. Convenience stores;
   4. Department stores;
   5. Drug stores;
   6. Large-scale discount stores; and
   7. Supermarkets.
2. Medium volume:
   1. Category retail stores that are 20,000 sf. NFA or smaller, including: arts and crafts, hardware, hobbies, books and music, office supply, consumer electronics, or sporting goods
   2. Clothing, shoes, and clothing accessory stores;
   3. General merchandise stores;
   4. Health, beauty supply, and personal care stores;
   5. Liquor stores;
   6. Pet stores;
   7. Souvenir stores;
   8. Vitamin stores; and
   9. Wireless telephone sales and / or services.
3. Low volume:
   1. Fireplace and grill stores;
   2. Flooring stores;
   3. Furniture and home furnishings stores (indoor or outdoor);
   4. Large appliance stores;
   5. Paint and wallpaper stores; and
   6. Swimming pool supply stores.

Effective on: 7/1/2014

Commercial Retail, Late Night / 24-Hour means a commercial retail use that is open at any time during the week between the hours of midnight and 6:00 AM, regardless of its other hours of operation, if any.

Effective on: 7/1/2014

Commercial Use of Rooftop means the use of a rooftop as a premises for commercial activities by an entity that requires a business license from the City of Durango. Such use includes, but is not limited to, outdoor seating for restaurants, or spaces for entertainment or dancing.

Effective on: 7/1/2014

Commercial Vehicle means:

1. Any motor vehicle, trailer, or semi-trailer that:
   1. Is designed or used to carry freight, other vehicles, equipment, passengers for a fee, or merchandise in the furtherance of any business enterprise; and
   2. Has a gross weight of more than 10,000 pounds;
2. Any step van or truck that is designed for commercial moving or parcel delivery services;
3. Any truck that is used for mobile retail sales (e.g., ice cream, lunches);
4. Any vehicle with more than four wheels that is used for business purposes;
5. Any trailer that is used to haul machinery, supplies, or equipment for business purposes (horse trailers, boat trailers, motorcycle trailers, RV trailers, and car trailers put to personal use are not included in the definition);
6. Any trailer that is used for commercial hauling (e.g., waste, junk, or lawn clippings), or commercial moving services;
7. Any vehicle which has permanently mounted outside brackets or holders for ladders, tools, pipes, or other similar equipment, unless such vehicle is used for on-call emergency services contracted by the City of Durango or other governmental entity.

Illustration: Examples of Commercial Vehicles

See also construction vehicle.

Effective on: 7/1/2014

Common Open Space means areas of a parcel proposed for development that are used for open space, landscape areas (provided that the area of landscaping is not less than five feet in any dimension), on-site recreation and leisure areas, and naturalized stormwater best management practices.

Effective on: 7/1/2014

Community (Floodplain Management Regulations) means any political subdivision in the State of Colorado, including the City of Durango, that has authority to adopt and enforce floodplain management regulations through zoning, including, but not limited to, cities, towns, unincorporated areas in the counties, Indian tribes and drainage and flood control districts.

Effective on: 7/1/2014

Community Garden means a private or public area of land that is used for the noncommercial cultivation of fruits, herbs, flowers, vegetables, or ornamental plants by more than one person or family.

Effective on: 7/1/2014

Completion means, with respect to the following aspects of oil and gas development only:

1. Oil Wells. An oil well is considered "completed" when the first new oil is produced through wellhead equipment into lease tanks from the ultimate producing interval after the production string has been run.
2. Gas Wells. A gas well is considered "completed" when the well is capable of producing gas through wellhead equipment from the ultimate producing zone after the production string has been run.
3. Dry Holes. A dry hole is considered "completed" when all provisions of plugging are complied with as set out in these rules.
4. Undefined Wells. Any well not previously defined as an oil or gas well, is considered "completed" 90 days after reaching total depth.
5. Wells that Require Extensive Testing. Wells that require extensive testing are "completed" as determined by the Director of the Colorado Oil and Gas Conservation Commission pursuant to the Commission's administrative rules.

Effective on: 7/1/2014

Compost Bin means a container that is used to contain and compost organic materials. Compost bins take many forms, from completely enclosed containers, to open bins constructed of framing and mesh.

Effective on: 7/1/2014

Composting Facility means a facility to which vegetative waste materials, such as lawn clippings, tree trimmings, weeds, and vegetable food scraps from more than one lot or parcel are delivered for composting. The phrase "composting facility" does not include processing of biosolids from wastewater.

Effective on: 7/1/2014

Compressible Flangeway Filler means a material that is installed at a railroad crossing along the outer edges of the rails (between the rails and the pavement), which fills the gap (making it safer for bicycles and wheelchairs), but compresses as trains pass. See Illustration: Compressible Flangeway Filler, below.

Illustration: Compressible Flangeway Filler

Effective on: 7/1/2014

Conditional Letter of Map Revision ("CLOMR") (Floodplain Management Regulations) means FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.

Effective on: 7/1/2014

Condominium means ownership in fee simple of a cubic air space including only interior surfaces and an undivided ownership share, in common with other purchasers, of the common elements of a project including land and its appurtenances.  

Effective on: 11/4/2015

Construction Vehicle means:

1. Any tracked vehicle used for construction, grading, or excavation, such as bulldozers, excavators, drilling machines for mining or driving piles, and comparable vehicles;
2. Any wheeled vehicle that is used for construction that uses off-highway tires, including loaders, graders, soil compactors, skidders, and comparable vehicles;
3. Dump trucks;
4. Cement mixer trucks; and
5. Bucket trucks.

See also Commercial Vehicle.

Effective on: 7/1/2014

Copy (Sign Regulation) means the wording, symbols, figures or images on a sign.

Effective on: 4/2/2019

Cornice Line means the top of a parapet wall.

Effective on: 7/1/2014

Correlated Color Temperature (CCT) means a measure of the color properties of light emitted by lamps, being equal to the temperature, expressed in kelvins (K), of a blackbody whose spectrum best approximates the spectrum of the light source in question. CCT values are typically provided in lighting manufacturer data sheets.

Effective on: 12/4/2024

Corridor means, with reference to the Oil and Gas Regulations, the tracts of land within which a pipeline right-of-way is located.

Effective on: 7/1/2014

Critical Wildlife Habitat means those areas containing, or having critical impact upon, those wildlife habitats in which the wildlife species could be endangered by development, and includes those essential elements of habitat which, if altered or eliminated, would impair or destroy the area's capability to sustain a wildlife species.

Effective on: 7/1/2014

Critical Use Hours means that time of day when disturbance is most likely to increase stress to and negatively impact wildlife.

Effective on: 7/1/2014

Critical Use Period means that portion of the year (weeks or months) when disturbance is most likely to increase street to and negatively impact wildlife.

Effective on: 7/1/2014

Crown means the outer edge of a tree or a clump of trees.

Effective on: 7/1/2014

Custodial Unit means a dwelling unit for a single family that is accessory to a commercial or industrial site, providing on-site housing for security purposes.

Effective on: 7/1/2014

Customer Access Area means the area where customers congregate including seating and standing areas, waiting areas and ordering areas, excluding restrooms and hallways.

Effective on: 9/17/2014

Dairy means a structure or building in which dairy products are processed, packaged, and / or stored for shipment. The word "dairy" does not include dairy farms and related facilities for milking dairy cows. See definition of Farm / Ranch.

Effective on: 7/1/2014

Daylighting System means a system for lighting building interiors that uses a roof-mounted dome to capture sunlight, which is redirected through reflective channels to diffusers inside the building.

Effective on: 7/1/2014

Day-Night Average Sound Level (Ldn or DNL) means the average noise level over a 24-hour period. The noise between the hours of 10pm and 7am is artificially increased by 10 dB. This noise is weighted to take into account the decrease in community background noise of 10dB during this period. 

Effective on: 7/1/2014

Deciduous Ornamental Tree means a small- scale tree, shorter than 30 feet height at maturity. 

Effective on: 1/1/2026

Deciduous Shade Tree means a large- scale tree that produces seasonal shade, 30 feet and taller height at maturity. 

Effective on: 1/1/2026

Deck means a platform, either freestanding or attached to a building, that is supported in whole or in part by pillars or posts. See Illustration: Deck, below.

Illustration: Deck

Effective on: 7/1/2014

Department means the City of Durango Planning and Community Development Department.

Effective on: 7/1/2014

Development means:

1. With reference to the Floodplain Regulations, any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
2. For all other purposes, the word "development" is defined as set out in Section 1-1-2-2, Applicability.

Effective on: 7/1/2014

Development Approval means an official act of the City of Durango approving an application or petition pursuant to a current or prior version of this LUDC. The phrase "development approval" does not include actions taken on appeal petitions, unless they reverse a decision to deny an application or they remove or modify conditions of approval.

Effective on: 7/1/2014

DFIRM Database (Floodplain Management Regulations) means a database (usually spreadsheets containing data and analyses that accompany DFIRMs). The FEMA Mapping Specifications and Guidelines outline requirements for the development and maintenance of DFIRM databases.

Effective on: 7/1/2014

Digital Flood Insurance Rate Map ("DFIRM") (Floodplain Management Regulations) means a FEMA digital floodplain map. These digital maps serve as “regulatory floodplain maps” for insurance and floodplain management purposes.

Effective on: 7/1/2014

Direct Current Fast Charger Electric Vehicle Supply Equipment (DCFC EVSE) means EVSE that is capable of providing fast charging on a 100A or higher 480VAC three-phase branch circuit. AC power is converted into a controlled DC voltage and current within the EVSE that will then directly charge an Electric Vehicle. 

Effective on: 10/22/2025

Disposal means facilities for the disposal of non-nuclear waste or fill. The term includes solid waste disposal sites and facilities, as defined by C.R.S. § 30-20-101; and hazardous waste disposal sites, as defined by C.R.S. § 25-15-200.3.

Effective on: 7/1/2014

Distinctive Land Forms include, but are not limited to, mesas, buttes, cliffs or rockbands, ravines and other natural formations that are visually, topographically or geologically distinct from the surrounding area.

Effective on: 7/1/2014

Distribution Lines are pipes and wires that provide utility services to individual lots and parcels. The phrase "distribution lines" includes electrical lines (except electrical transmission lines), telephone wires, coaxial cable, fiber optic cable, potable water lines, natural gas lines (except natural gas transmission pipelines), and sanitary sewer lines.

Effective on: 7/1/2014

Disturbed Area  (Stormwater Regulations) means the total area at the site where any construction is expected to result in disturbance of the ground surface. This includes any activity that could increase the rate of erosion, including, but not limited to, clearing, grading, excavation, and demolition activities, installation of new or improved haul roads and access roads, staging areas, heavy vehicle traffic areas, stockpiling of fill materials, and borrow areas. Construction does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility.

Effective on: 7/1/2014

Dormer means an element of a building that protrudes from the plane of a sloped roof surface, and is either flush with the building wall plane or set back from it. Dormers are most often used to create usable space under the roof of a building by adding headroom, and usually also by enabling addition of windows. The peak of a dormer does not extend beyond the peak of the roof to which it is attached. See Illustration: Example Dormers, below.

Illustration: Example Dormers

Effective on: 7/1/2014

Dormitory / Fraternity / Sorority means a fraternity, sorority, dormitory, or other comparable lodging where three or more individual sleeping rooms are occupied on a nontransient basis, and where living and eating facilities are generally used in common with other residents. These uses are not limited to use by a single family. This definition does not include residential facilities in which health care or rehabilitative services are provided.

Effective on: 7/1/2014

Drainage Plan means a written description and depiction on a site plan for the collection, transport, treatment and discharge of stormwater runoff.

Effective on: 7/1/2014

Drilling Operation means any work or actual operation undertaken for the purposes of carrying out any of the rights, privileges or duties of a lessee for drilling of an oil well, gas well, or cathodic protection well, and by the actual operation of drilling in the ground.

Effective on: 7/1/2014

Driving Range means an area equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting, and which may include a snack-bar and pro shop. The phrase "driving range" does not include mini-golf courses.

Effective on: 7/1/2014

Duplex means a building that contains two separate single-family dwelling units that do not share living areas. Duplexes may be configured as side-by-side units that share a party wall or as multi-story buildings in which one unit is located over the other unit.

Effective on: 7/1/2014

Dwelling Unit means a building or portion thereof that provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Effective on: 9/17/2014

Dwelling Unit, Accessory means a dwelling unit that is:

1. 1.
   Located inside of or attached to an existing single-family dwelling unit (the "principal dwelling unit"), or in a separate accessory building on the same lot as the principal dwelling unit;
2. 2.
   Clearly subordinate in size and scale to the principal dwelling unit.

Effective on: 12/4/2024

Dwelling Unit, Single-Family means a dwelling unit designed for use by one family.

Effective on: 7/1/2014

Dwelling Unit, Single-Family Detached means a single-family dwelling unit that is separated from other buildings by outside walls.

Effective on: 7/1/2014

Dwelling Unit, Single-Family Detached Condominium means a detached building containing only one (1) dwelling unit that is located within a condominium community with at least three (3) or more detached single-family condominium dwelling units located on one (1) lot. Detached condominium ownership consists of the entire structure, including all exterior walls, roofs, decks, and porches. 

Effective on: 2/21/2024

Dwelling Unit, Townhome means a type of single-family dwelling unit that is attached to two or more other single-family dwelling units by party walls that do not have penetrations.

Effective on: 7/1/2014

Easement means either:

1. Authorization by a property owner for the use of a designated portion of his property by another, for a specified purpose (e.g., an access easement or utility easement); or
2. A voluntary binding restriction on the use or development of property (e.g., a conservation easement).

Effective on: 7/1/2014

Effective Date means [insert date], the date that this LUDC became effective. When used with reference to an amendment to this LUDC, it means the date that the amendment became effective. The effective date may be different from the date that the LUDC or subsequent amendments were adopted by the City Council.

Effective on: 7/1/2014

Electric Bicycle means a bicycle commonly referred to as an "e-bike" or electric bike or electric mountain bike ("eMTB"), a type of motor vehicle with two or three wheels, fully operable pedals, and an electric motor of not more than 750 watts that meets the requirements of one of the following three classes: 

1. 1.
   Class 1 E-Bike. An e-bike equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the e-bike reaches the speed of 20 miles per hour. 
2. 2.
   Class 2 E-Bike. An e-bike equipped with a motor that may be used exclusively to propel the e-bike and that ceases to provide assistance when the e-bike reaches the speed of 20 miles per hour. 
3. 3.
   Class 3 E-Bike. An e-bike equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the e-bike reaches the speed of 28 miles per hour. 

Effective on: 10/22/2025

Electric Fence means a non-lethal, electrified fence that delivers a brief, strong, but not harmful shock to bears and other wildlife when in contact. They are a humane deterrent, creating a negative association with human spaces.

Effective on: 3/20/2026

Electric Mat means a non-lethal, electrified rubber mat that delivers a brief, strong, but not harmful shock to bears and other wildlife when stepped on. They are a humane deterrent to wildlife, creating a negative association with human spaces.

Effective on: 3/20/2026

Electric Vehicle (EV) means an automotive-type vehicle for on-road use, including but not limited to, passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, and electric motorcycles, primarily powered by an electric motor that draws current from a building electrical service, EVSE, a rechargeable storage battery, a fuel cell, a photovoltaic array, or another source of electric current. “Electric Vehicle” includes battery-electric vehicles and plug-in hybrid vehicles. For purposes of this LUDC, off-road, self-propelled electric mobile equipment, including but not limited to, industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats, electric bicycles, scooters, and other forms of micromobility are not considered Electric Vehicles.

Effective on: 10/22/2025

Electric Vehicle (EV) Charging Auxiliary Electrical Equipment means all equipment necessary to provide electrical power to the EV Charging Station, but not including the EV Charging Station equipment itself. This may include power conversion equipment, electrical distribution such as transformers, switchgear boxes, and distribution lines, and other supportive equipment. This does not include the EVSE pedestal, wall mount, cables, or plugs. 

Effective on: 10/22/2025

Electric Vehicle (EV) Charging Port means the EVSE cable and plug serving a single electric vehicle space (see: Electric Vehicle (EV) Supply Equipment). 

Effective on: 10/22/2025

Delete

Effective on: 1/1/2026

Electric Vehicle (EV) Charging Station means fully enabled electric vehicle supply equipment (EVSE) that is dedicated to and capable of serving one or more designated on-street or off-street parking spaces(s), thus making them EVSE Installed Space(s) (see: Electric Vehicle (EV) Supply Equipment).

Effective on: 10/22/2025

Electric Vehicle Supply Equipment (EVSE) means an electric vehicle charging system or device that is used to provide electricity to a plug-in electric vehicle or plug-in hybrid electric vehicle, is designed to ensure that a safe connection has been made between the electrical grid and the vehicle, and is able to communicate with the vehicle's control system so that electricity flows at an appropriate voltage and current level. EVSE are typically installed as either pedestal or wall-mount. EVSE is rated based on levels (see: Level 1 EVSE, Level 2 EVSE, and Direct Current Fast Charger EVSE). 

Effective on: 10/22/2025

Electric Vehicle Supply Equipment Installed Space (EVSE Installed Space), aka EV Charging Space means a designated vehicle parking space that is served by a dedicated EVSE (see: Electric vehicle Supply Equipment).

Effective on: 10/22/2025

Electrical Substation means a portion of the electricity distribution system where voltage is transformed from high voltage to low voltage or from low voltage to high voltage. Substations are also be used to connect and disconnect transmission lines or other components to and from the system.

Effective on: 7/1/2014

Electrical Transmission Line means an electrical power line designed for the bulk transfer of energy from a power plant to a substation. These lines typically operate with voltages of 110 kV or more.

Effective on: 7/1/2014

Elevated Building (Floodplain Management Regulations) means a non-basement building:

1. Built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and
2. Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood.

In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

Effective on: 7/1/2014

Equipment means, with reference to the Oil and Gas Regulations, machinery or structures located on well pads or rights-of-way including, but not limited to, wellheads, separators, dehydration units, heaters, meters, storage tanks, compressors, pumping units, internal combustion engines, and electric motors.

Effective on: 7/1/2014

Essential Services means infrastructure that is essential to the provision of a utility service to the community which are not listed in a use / zone matrix in Division 2-1-3, Use / Zone Matrices, including:

1. Electric distribution, gas distribution, telephone, cable, and fiber optic lines;
2. Electrical substations less than 35 KV;
3. Utility conduits, vaults, pipeline laterals, and mains;
4. Utility pedestals;
5. Water and sewer lines;
6. Lift stations;
7. Similar installations and equipment or accessories of a public utility or governmental service.

Effective on: 7/1/2014

EV Capable Light Space (EV-CL) means a designated vehicle parking space that has conduit and/or raceway installed to support future implementation of electric vehicle charging installation, and has sufficient physical space adjacent to the existing electrical equipment for future electric upgrades. 

Effective on: 10/22/2025

EV Capable Space (EV-C) means a designated vehicle parking space that has the electric panel capacity and conduit and/or raceway installed to support future implementation of electric vehicle charging. 

Effective on: 10/22/2025

EV Ready Space (EV-R) means a designated vehicle parking space that has the electric panel capacity, raceway wiring, receptacle or junction box, and circuit overprotection devices installed to support future implementation of electrical vehicle charging. 

Effective on: 10/22/2025

Evergreen Tree means a tree with leaves or needles year round. 

Effective on: 1/2/2026

Ex Parte Communication means a communication that meets all of the following criteria:

1. It involves an elected or appointed official who hears applications that are required by this LUDC, and either decides them or makes recommendations regarding their merits to another body;
2. It occurs outside of a noticed public hearing; and
3. It addresses the contents or merits of a pending application that is anticipated to be heard by the elected or appointed official who is involved in the communication.

For the purposes of this definition, communications between elected or appointed officials and members of the City Staff, and communications between other individuals, including applicants, and City Staff, are not ex parte communications.

Effective on: 7/1/2014

Existing Manufactured Home Park or Subdivision means:

1. With reference to the Floodplain Regulations, a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a City of Durango.
2. For all other purposes, a manufactured home park or subdivision which existed or was the subject of an active development approval on the effective date.

Effective on: 7/1/2014

Expansion to an Existing Manufactured Home Park or Subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Floodplain Management Regulations

Effective on: 7/1/2014

External Illumination means a light source that is incorporated externally and directed at a sign or structure.

Effective on: 4/2/2019

Extraction, Coal, Gravel, Minerals, or Sand means the extraction of coal or other mineral resources (including sand and gravel, but not oil and gas) from the land (surface or subsurface).

Effective on: 7/1/2014

Extraction, Oil and Gas means exploration for and production of oil and natural gas.

Effective on: 7/1/2014

Facilitator (Natural Medicine Regulations) means an individual who is twenty-one (21) years of age or older; has the necessary qualifications, training, experience, and knowledge, as required pursuant to this Municipal Code and applicable Colorado Natural Medicine Code, to perform and supervise natural medicine services for a participant; and is authorized to engage in the practice of facilitator through a licensed natural medicine facility. 

Effective on: 12/4/2024

Facility means, with reference to the Oil and Gas Regulations, a site and the equipment associated with a site used for the production, transportation, treatment, and/or storage of oil and gas and waste products.

Effective on: 7/1/2014

Fair Share Agreement means an agreement between a property owner of record and the City whereby the City confers benefits in the form of fee waivers and the property owner pledges to provide affordable housing, attainable housing, or alternative means of compliance.

Effective on: 7/1/2014

Fair Share Developer means an owner of a property subject to any Fair Share Requirements, who is carrying out any phase of developing the subject tract, or as defined herein, certain successors in title.

Effective on: 7/1/2014

Fair Share Development means a tract of land or improvements thereon subject to a Fair Share Agreement.

Effective on: 7/1/2014

Fair Share Home means a home designed, built, priced, marketed and sold or rented to satisfy a Fair Share Requirement for the provision of required affordable-attainable housing or intermediate ownership housing.

Effective on: 3/20/2026

Fair Share Home Price means a price or prices that must not be exceeded for Fair Share Homes that are required to be built in Fair Share Developments.

Effective on: 7/1/2014

Fair Share Homebuyer or Fair Share Buyer means a purchaser of a Fair Share Home or the entire household occupying a Fair Share Home.

Effective on: 7/1/2014

Fair Share Pricing and Delivery Schedule means a schedule of the number, size, price and timeframe for delivery of Fair Share Homes within a Fair Share Development. This schedule may be included in a Fair Share Agreement for one or more phases of a development. Alternatively, such a schedule may be created later by the developer and approved by the City for future phases of larger projects with multiple phases, in which the exact requirements for delivering Fair Share Homes cannot be determined at the time of execution of a Fair Share Agreement.

Effective on: 3/20/2026

Fair Share Proposal means a plan containing all of the required elements of a Fair Share Agreement, which is submitted by an applicant as part of the City's development approval process.

Effective on: 7/1/2014

Fair Share Property Owner means the owner of any property which is subject to a Fair Share Requirement, or pursuant to this LUDC, certain successors in title.

Effective on: 7/1/2014

Fair Share Requirement or Fair Share means, with reference to the fair share housing provisions of this LUDC, the obligation to provide affordable or attainable housing in conjunction with a Fair Share Development, either through the actual provision of housing or through alternative means of compliance.

Effective on: 7/1/2014

Fairgrounds means an area of land that is developed to accommodate temporary special events, including animal shows, carnivals, circuses, community meetings, concerts, craft shows, temporary farmers' markets, games, rides, rodeos, and sales and auctions. Fairgrounds may include exhibit halls, buildings used for storage or administrative offices, and indoor or outdoor stadiums, arenas, or amphitheaters. Fairgrounds do not include parcels developed for permanent use as amusement parks.

Effective on: 7/1/2014

Family means one or more persons living together as a single housekeeping unit, consisting of persons who may be related by blood, marriage, or adoption. For the purposes of state-licensed group homes, not more than eight persons, plus appropriate staff, living together for either persons with developmental disabilities or persons with mental illness.

Effective on: 12/4/2024

Family Child Care Home means a private residence used for the daytime care of children. Most Family Child Care programs are licensed for up to six children, with a limited number of infants. A Family Child Care Home is a type of Child Care Center.

Effective on: 7/1/2014

Farm / Ranch means an area of land put to use for agriculture, silviculture, raising livestock, raising and milking dairy cows or goats, horticulture, floriculture, aquaculture, or viticulture; which may include facilities for the sale of produce, wine, flowers, and / or dairy products produced or grown on-site.

Effective on: 7/1/2014

Fast Track Review means an expedited review process for prioritized workforce housing consistent with the “fast-track approval process” described in C.R.S. § 29-32-105(2).

Effective on: 6/30/2026

Federal Register means the official daily publication for Rules, proposed Rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

Effective on: 7/1/2014

Feed and Seed Store means an establishment engaged in retail sale of supplies (e.g., livestock feed, seeds, and fertilizers), which are directly related to the day-to-day activities of agricultural production.

Effective on: 7/1/2014

FEMA means Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program.

Effective on: 7/1/2014

Flashing (Sign Regulation) means a pattern of changing light illumination where the sign illumination alternates suddenly between fully illuminated and fully non-illuminated for the purpose of drawing attention to the sign.

Effective on: 4/2/2019

Flood or Flooding (Floodplain Management Regulations) means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of water from channels and reservoir spillways;
2. The unusual and rapid accumulation or runoff of surface waters from any source; or
3. Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas (such as earth carried by a current of water and deposited along the path of the current).

Effective on: 7/1/2014

Flood Control Structure (Floodplain Management Regulations) means a physical structure designed and built expressly or partially for the purpose of reducing, redirecting, or guiding flood flows along a particular waterway. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Effective on: 7/1/2014

Flood Insurance Rate Map ("FIRM") (Floodplain Management Regulations) means an official map of the City of Durango, on which the Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas and the risk premium zones applicable to the City.

Effective on: 7/1/2014

Flood Insurance Study ("FIS") (Floodplain Management Regulations) The official report provided by the Federal Emergency Management Agency. The report contains the Flood Insurance Rate Map as well as flood profiles for studied flooding sources that can be used to determine Base Flood Elevations for some areas.

Effective on: 7/1/2014

Floodplain or Flood-Prone Area  (Floodplain Management Regulations) means any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir.

Effective on: 7/1/2014

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

Effective on: 7/1/2014

Floodplain Development Permit  (Floodplain Management Regulations) means a permit required before construction or development begins within any Special Flood Hazard Area ("SFHA"). If FEMA has not defined the SFHA within the City of Durango, the City shall require permits for all proposed construction or other development in the City of Durango including the placement of manufactured homes, so that it may determine whether such construction or other development is proposed within flood-prone areas. Permits are required to ensure that proposed development projects meet the requirements of the NFIP and the floodplain management regulations.

Effective on: 7/1/2014

Floodplain Management Regulations  (Floodplain Management Regulations) means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. See Division 4-4-6, Floodplain Management and Flood Damage Prevention, Section 4-1-2-6, Flood Damage Prevention, and associated procedures in Chapter 6, Administration, and associated definitions in this Article (which are annotated with the phrase "Floodplain Management Regulations" for convenience)

Effective on: 7/1/2014

Floodproofing  (Floodplain Management Regulations) means any combination of structural and/or non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Effective on: 7/1/2014

Floodway (Regulatory Floodway)  (Floodplain Management Regulations) means the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The Colorado statewide standard for the designated height to be used for all newly studied reaches is one-half foot (six inches). Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation.

Effective on: 7/1/2014

Floor Area Ratio (FAR) is a regulation that controls the size of buildings in certain zoning districts. FAR is the ratio of total building floor area in relation to the area of the lot (See also "gross floor area."). The maximum amount of floor area allowable on a lot is calculated by multiplying the lot area by the allowable FAR. For example, on a 10,000 square-foot lot in a zoning district with a maximum FAR of .5, the floor area of a building cannot exceed 5,000 square feet. See Illustration: Floor Area below. 

Illustration

See Section 7-2-1-2 for information on how to calculate FAR.

Effective on: 7/1/2014

Flowline means, with reference to the Oil and Gas Regulations, a pipeline connecting an individual well to production metering equipment.

Effective on: 7/1/2014

Food Truck Pod means one or more food trucks operating on a single parcel as a principal use. The use implies the inclusion of an outdoor dining area. 

Effective on: 4/14/2023

Foot-candle ("fc") means a unit of measure of the intensity of light that falls on a surface, equal to one lumen per square foot. A footcandle is equal to 10.764 lux.

Effective on: 7/1/2014

Fraternal Organization means a group of people formally organized for a common interest (e.g., culture, religion, or public service), with regular meetings and formal written membership requirements.

Effective on: 7/1/2014

Freeboard  (Floodplain Management Regulations) means the vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed.

Effective on: 7/1/2014

Freight Yard means an area of land used for outdoor storage of standardized, reusable shipping vessels (containers that are designed for intermodal transportation of cargo, by mounting on a rail car, a truck trailer, or for loading onto a ship). A freight yard also includes facilities for mounting / dismounting the shipping vessels.

Effective on: 7/1/2014

Fueling Station means a building and / or surfaced area where vehicles may be refueled.

Effective on: 10/22/2025

Fully Shielded means a lighting fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. 

Effective on: 12/4/2024

Functional Turf means turf that is located in a recreational use area or other space that is regularly used for civic, community, or recreational purposes, which may include a playground, a sports field, a picnic ground, an amphitheater, a portion of a park, and the playing area of a golf course, such as a driving range, chipping and putting green, tee box, green, fairway, and rough. Turf located in a registered historic district may be deemed functional by the administrator, due to its civic and cultural value.

Effective on: 1/1/2026

Functionally Dependent Use  (Floodplain Management Regulations) means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Effective on: 7/1/2014

Funeral Home means a building that is used principally for:

1. Human funeral services;
2. Embalming and the performance of other services used in the preparation of the dead for burial;
3. The performance of autopsies and other tests or surgical procedures on human remains; and / or
4. Cremation of human remains.

In addition to the above functions, funeral homes may also store caskets, funeral urns, hearses and other vehicles used in funeral processions.

Effective on: 7/1/2014

Garage is a building for motor vehicles: a building for parking or storing one or more motor vehicles.

Effective on: 7/1/2014

Garage, Attached is a garage that is connected to a building with living space, typically the principal structure on the site. 

Effective on: 7/1/2014

Garage, Detached means an accessory building on the same lot as the principal structure which is used solely for vehicle parking or storage and is without living space, which includes but is not limited to finished or improved interior spaces or a bathroom. A detached garage may have an unimproved second floor with access by a pull-down attic ladder.  

Effective on: 7/1/2014

Garden Wall  means a wall of no more than 30 inches in height that is used to retain a raised flower or garden bed. A garden wall is not a retaining wall, and a garden wall may not be used to retain a natural slope.

Effective on: 5/6/2015

Gas Well means a well that is capable of producing natural gas.

Effective on: 7/1/2014

Gathering Line means a pipeline that transports produced gas, oil, or water from multiple intermediate lines.

Effective on: 7/1/2014

Geologic Hazard Area means an area that is subject to any of the following hazards:

1. Rock falls (including areas below very steep slopes or cliffs that are subject to periodic rock falls);
2. Potentially unstable slopes (sloped land that is prone to failure if disturbed improperly);
3. Unstable slopes (slopes that are prone to failure, such as creep, but not known to be landslides);
4. Landslides (known areas of slope failure, including avalanches and rotational and translational slides);
5. The Fruitland Outcrop (an area in which natural gas is close to the Earth’s surface and often seeps into wells and the ground surface);
6. Debris fans (areas subject to torrential wash from tributary streams); and
7. Seismic faults.

Effective on: 7/1/2014

Glare means the light which is cast between 60 degrees and 90 degrees of a line that extends straight down from a luminaire (in the BH, BVH, FH, and FVH zones). See BUG Rating for illustration of zones.

Effective on: 7/1/2014

Guest Ranch means a working ranch that also includes (as an accessory commercial use) rooms for lodging that are rented to guests for terms of less than 30 days. Guest ranches may also include areas for outdoor recreation, and activities such as horseback riding, hiking, and fishing (or comparable activities), on or off-site.

Effective on: 7/1/2014

Grade, Existing means the ground elevation and topography before grading or site preparation for development or redevelopment.

Effective on: 7/1/2014

Grade, Finished means the final ground elevation after the completion of grading or site preparation for development.

Effective on: 7/1/2014

Grading Plan means a plan view and cross section of existing and proposed contours, cuts and fills, topsoil storage location and stabilization methods, and maximum slopes.

Effective on: 7/1/2014

Grass means herbaceous plant species (either native/wild or cultivated/lawn). 

Effective on: 1/1/2026

Greenhouse, Wholesale means a business whose principal activity is the growing of plants within an enclosed building for the purposes of distribution of plants, fruits, or vegetables to retailers. The phrase "greenhouse, wholesale" does not include the phrase "medical marijuana cultivation facility" or "natural medicine cultivation facility."

Effective on: 12/4/2024

Gross Floor Area means the total square footage of a building measured along outside enclosing walls including all floors of a multistory building, whether finished or unfinished.

Effective on: 7/1/2014

Group Home means a dwelling unit, in which care or assistance with daily tasks is provided for six to eight individuals (i.e., two persons more than a family). There are four types of group homes:

1. 1.
   Group Home for Developmentally Disabled Persons. A state-licensed group home exclusively for the care of persons with developmental disabilities, as defined and regulated by the Colorado Department of Human Services, Division for Developmental Services, and the Colorado Department of Public Health and Environment.
2. 2.
   Group Home for Elderly Persons. A group home of persons 60 years of age or older who do not require medical attention associated with a residential health care facility. Group homes for elderly persons shall be licensed as an assisted living residence or alternative care facility by the Colorado Department of Public Health and Environment.
3. 3.
   Group Home for Mentally Ill Persons. A state-licensed group home exclusively for the care of persons with mental illness, as defined and regulated by the Colorado Department of Public Health and Environment.
4. 4.
   Group Home for Children Awaiting Disposition. A state-licensed group home for children up to 18 years age who are awaiting disposition to foster homes or other accommodations.

Effective on: 12/4/2024

Habitat means a geographical area containing those elements of food, water, cover, space and general welfare in combination and quantities adequate to support a species for at least a portion of a year. An area need not be occupied by species in order to be considered a habitat for that species; habitat may include those areas which were historically occupied and are still suitable for occupancy, and presently occupied, or are potentially suitable though not historically occupied.

Effective on: 7/1/2014

Half Street means a proposed street with half the required right-of-way width for its functional classification, located on the bounding edge of a parcel proposed for development. The phrase "half street" does not include right-of-way dedication or infrastructure construction related to the improvement of existing streets. See Illustration: Half Street, below.

Illustration: Half Street

Effective on: 7/1/2014

Handicraft Shops with On-Premise Sales means a retail use which provides custom crafted goods and/or services for sale directly to the consumer, and includes fine art uses and artisan craft uses (such as specialty stonemasonry, woodworking, pottery, ceramics, etc.).  Occasional classes are allowed. Handicraft shops are not uses as defined under Light Industry. 

Effective on: 12/6/2017

Handcrafted Small Scale Food and Beverage Production with On-Premise Consumption or Sales means an establishment that creates food or beverage products on site at a scale that does not generate truck traffic in excess of one small delivery vehicle per day.  On-premise consumption or sales of the product is required.  Does not include Brewing / Distillery / Winery, Production with On-Premise Consumption.

Effective on: 3/2/2016

Hardscape means outdoor areas at ground level which are paved for pedestrian, bicycle, or vehicular use. Such areas include parking lots, drive aisles, sidewalks, patios, paved areas of plazas, and other areas of comparable materials and function.

Effective on: 7/1/2014

Healing Center (Natural Medicine Regulations) means an entity licensed by the State Licensing Authority pursuant to this Municipal Code and applicable Colorado Natural Medicine Code that permits a facilitator to provide and supervise natural medicine services for a participant.

Effective on: 12/4/2024

Health and Exercise Club / Instruction means health clubs, exercise studios, sports instruction, swimming instruction, martial arts schools, yoga studios, or dance instruction studios that are operated as a private business. Noncommercial facilities in which these activities take place are classified as "indoor recreation" and not "health and exercise club / instruction."

Effective on: 7/1/2014

Heating Load means the quantity of heat per unit time that must be provided to maintain the temperature in a building at a given level.

Effective on: 7/1/2014

Heavy Equipment means:

1. With reference to the Oil and Gas Regulations, drilling rigs, completion rigs, construction equipment, and individual truck / trailer combination vehicles with a gross vehicle weight exceeding five tons.
2. In all other cases, heavy equipment includes the definition in subsection 1., above, but also includes all other motorized equipment that is typically used for construction, freight handling, maintenance, heavy industry, or temporary generation of electricity for commercial or event purposes. The phrase "heavy equipment" includes fork lifts, cranes, backhoes, bulldozers, commercial generators, scissor lifts, and comparable equipment.

Effective on: 7/1/2014

Heavy Equipment Rental and Sales means the rental or sales of powered mechanical heavy equipment.

Effective on: 7/1/2014

Heavy Industry means industrial uses that are not specifically defined elsewhere in this Article, which can be described in one of the following three ways:

1. Primary processing or manufacturing or repair operations not specifically defined elsewhere in this Article or this definition, which involve:
   1. A material risk of environmental contamination, explosion, or fire;
   2. Perceptible ground vibration;
   3. Excessive noise or dust;
   4. Emission of objectionable odors; or
   5. More than 12 trips by semi trailer trucks per day; or
2. Processing of minerals (except precious and semi-precious stone cutting for jewelry or precision instruments such as lasers or watches), ores, or fossil fuels; or
3. Industries that are required to undergo New Source Review under the Federal Clean Air Act, or are subject to construction or operation permits pursuant to the Colorado Stationary Sources Program or Title V of the Federal Clean Air Act.

For illustrative purposes, heavy industrial uses include, but are not limited to:

1. Coal cleaning plants with thermal dryers; coke oven batteries; carbon black plants (furnace process); petroleum refineries; petroleum storage and transfer units (except retail gasoline stations); and bulk fuel dealers;
2. Facilities used in the primary or secondary production of metals (e.g., primary zinc, copper, or lead smelters; primary aluminum ore reduction plants; iron and steel mills; sintering plants; secondary metal production plants; and blacksmith shops);
3. Portland cement plants;
4. Sawmills and pulp mills;
5. Incinerators with the capacity to charge more than 250 tons of refuse per day;
6. Lime plants; phosphate rock processing plants; sulfur recovery plants; and hydrofluoric, sulferic, or nitric acid plants;
7. Fossil fuel combustion (except for electricity generation) totaling more than 250 million BTUs per hour of heat input;
8. Fabrication of vehicles, manufacturing equipment, durable goods, or pre-fabricated homes or home components;
9. Drycleaner processing plants that use PERC or comparable petrochemical solvents; and
10. Manufacture of plastic products (except assembly of parts that are manufactured elsewhere);
11. Hot mix asphalt plants.

Effective on: 7/1/2014

Heavy / Outdoor Retail means retail and / or service activities that have regular outside service or outside storage areas, exceptionally large floor areas, or partially enclosed structures, as listed below:

1. Permanent retail operations that are located outside of enclosed buildings, except nurseries, motor vehicles, construction vehicles, recreational vehicles, and boats;
2. Home centers;
3. Lumber and other building materials;
4. Lawn, garden equipment, and related supplies stores (with outdoor displays of merchandise);
5. Warehouse clubs;
6. Super stores (discount retail stores with floor areas larger than 90,000 square feet);
7. Recreational equipment rental (including inflatable rafts, but not including recreational vehicles and boats, which are included in the phrase "recreational vehicle and boat sales and rental"), where the equipment is stored outside; and
8. Manufactured home sales.

Effective on: 7/1/2014

Height of a Building means the vertical distance measured from the natural or unimproved grade to the corresponding highest point of the roof. See Section 7-2-1-5.  The height measurement is not an average, but applies to the vertical distance between the grade and high point of a building, wherever the measurement is taken, except as stated in Section 7-2-1-5E.   Height may be determined from either existing or finished grade, as explained below:

1. Existing grade, where no grading is proposed; or
2. Finished grade, where such grade is not higher than necessary to provide positive drainage away from the building, with prior approval by the Administrator for any regrading activity required if regrading will change height measurement.

Effective on: 7/1/2014

Height (of a sign) means the vertical distance measured from the highest point of the sign structure, to the grade of the adjacent street (at the flow line of the gutter or edge of the nearest travel lane if no gutter exists) or the surface grade beneath the sign, whichever is less.

Effective on: 4/2/2019

Heliport means a facility that is designed to be used for the take-off and / or landing of helicopters, including operations facilities such as maintenance, loading and unloading, storage, fueling, or terminal facilities.

Effective on: 7/1/2014

Helistop means an area used for the take-off or landing of private helicopters for the purpose of picking up and discharging of passengers or cargo. Helistops are not open for general use.

Effective on: 7/1/2014

Highest Adjacent Grade (Floodplain Management Regulations) means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Effective on: 7/1/2014

Historic Structure means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
   1. By an approved state program as determined by the Secretary of the Interior; or
   2. Directly by the Secretary of the Interior in states without approved programs.

Effective on: 7/1/2014

Horizontal Articulation is the use of differentiating horizontal features to add interest and mark (or suggest) transitions between floors (or other vertical divisions) of buildings.

Effective on: 7/1/2014

Hospital means an institution that is licensed, certified, or approved as a "hospital" by the Colorado Department of Public Health and Environment, where sick or injured persons are given medical care and, in the course of same, are housed overnight, fed, and provided nursing and related services.

Effective on: 7/1/2014

Hostel means a facility that offers residence to guests for terms of one month or less, which:

1. Provides simple dormitory or sleeping rooms and common rooms for cooking, meeting, recreational, and educational use;
2. Is chartered and approved by the International Hostel Federation or its national or regional affiliates, or comparable organizations; and
3. Is supervised by resident houseparents or managers who direct the guests' participation in the domestic duties and activities of the facility.

Effective on: 7/1/2014

Hotel or Motel, Convention means a building or group of buildings in which 100 or more guest rooms are used to provide accommodations for transient guests for compensation, and meeting rooms, ballrooms, exhibit halls, and / or banquet rooms are arranged to facilitate the hosting of conventions or conferences. Such hotels or motels may also include restaurant facilities and recreational facilities.

Effective on: 7/1/2014

Hotel or Motel, Tourist or Business means a building or group of buildings in which six or more guest rooms are used to provide accommodations for transient guests for compensation. Tourist or business hotels and motels may also provide services such as small-scale meeting rooms, business centers (personal computers, fax machines, and printers for guest use), food service for guests, and recreational facilities such as swimming pools and fitness centers.

Effective on: 7/1/2014

Household means the person or persons who occupy a dwelling unit. 

Effective on: 12/4/2024

Ignition-Resistant Building Material means a type of building material that resists ignition or sustained flaming combustion sufficiently so as to reduce losses from wildfire exposure of burning embers and small flames.

Effective on: 3/31/2026

Illuminated (Sign Regulation) means an artificial source of light is used in order to make readable a sign's message, and is inclusive of signs that are lighted internally or externally, or are reflectorized, glowing or radiating.

Effective on: 4/2/2019

Improvement means:

1. With reference to the Oil and Gas Regulations, any new construction activity or addition of equipment or materials to a site.
2. For all other purposes, any building, structure, bridge, parking area, public facility, fence, gate, wall, landscaping, or other object constituting a physical addition to real property, or any part of such addition, or the process of installing such additions.

Effective on: 7/1/2014

Indoor Commercial Amusement means uses that provide commercial amusement indoors (except sexually-oriented theater / dancing establishments), including, but not limited to:

1. Bowling alleys;
2. Indoor playgrounds (may include conventional playground equipment, inflatables, trampolines, rock climbing walls, zip lines, and comparable equipment);
3. Indoor skating rinks (ice or roller);
4. Laser tag;
5. Local area network ("LAN") gaming centers;
6. Pool / billiard rooms;
7. Shooting arcades; and
8. Game arcades (e.g., video games, skee ball, and comparable amusement machines).

Effective on: 7/1/2014

Indoor Recreation means uses that provide recreation opportunities indoors for the public (open to the community) or residents of a subdivision or development, which are not commercial in nature. Specifically excluded from the definition are health and exercise clubs / instruction, and commercial amusement uses. The phrase "indoor recreation" includes:

1. Community recreation centers;
2. Gymnasiums;
3. Indoor swimming pools; or
4. Tennis, racquetball, or handball courts.

Effective on: 7/1/2014

Indoor Stadium, Arena, or Theater means a building with tiers of seats for spectators, used for sporting, performances, lectures, or other recreational or cultural events. The phrase "indoor stadium, arena, or theater" does not include facilities that are regularly used as classrooms at elementary, middle, or high schools, colleges, universities, or vocational / technical schools; nor does it include sexually-oriented businesses.

Effective on: 7/1/2014

Institutional Residential means

1. Institutional housing combined with common food service, nursing, counseling, health care, and / or comparable or related services, including:

   1. Facilities in which more than eight people reside who have mental and / or physical disability and require continuous access to therapy or care, except those facilities that are classified as protective care;
   2. In-patient alcohol and / or drug addiction rehabilitation centers, regardless of the number of residents, but not facilities that are classified as protective care; and
   3. Any other comparable facility that provides a residential care arrangement for more than eight people, except those classified as protective care.
2. The phrase "institutional residential" does not include:
   1. Assisted living facilities;
   2. Congregate care;
   3. Nursing homes;
   4. Group homes;
   5. Protective care; or
   6. Shelter.

Effective on: 7/1/2014

Intensive Agriculture means:

1. Concentrated animal feeding operations ("CAFOs") of any size, as defined by 40 C.F.R. § 122.23, Concentrated Animal Feeding Operations;
2. Concentrated aquatic animal production facilities, as defined by 40 C.F.R. § 122.24, Concentrated Aquatic Animal Production Facilities;
3. Any use where animals are tightly confined in buildings or outdoor pens or pastures with more than one animal equivalent unit per acre, including feedlots, hog farms, and poultry operations; or
4. Any other agricultural use that is required to obtain a discharge permit under the Federal Clean Water Act because of animal or poultry wastes.

Effective on: 7/1/2014

Intermediate Line means a pipeline transporting produced gas, oil, or water from one well pad after it passes through production metering equipment to a gathering line.

Effective on: 7/1/2014

Intermediate Ownership Housing means for-sale housing that is affordable to households with incomes above 125 percent of area median income but not exceeding 150 percent of area median income (adjusted for household sizes).

Effective on: 3/20/2026

Internal Illumination means a light source that is incorporated within a sign or structure. 

Effective on: 4/2/2019

Junk means worn-out, cast-off, or discarded articles and materials (e.g., construction waste, scrap metal, scrap lumber, worn out tires, etc.), and materially damaged, wrecked or otherwise obviously inoperable vehicles, machinery, and household appliances. Junk does not include articles or material that, unaltered or unchanged and without further reconditioning, can be used for their original purpose as readily as when new.

Effective on: 7/1/2014

Kennel means a facility in which four or more household pets of the same species are temporarily housed, groomed, bred, boarded, or trained; and may also be incidentally treated for medical conditions. Kennel includes for-profit facilities; as well as not-for-profit or public facilities at which abandoned or rescued animals are housed and offered for adoption. Kennels may also sell animals.

Effective on: 7/1/2014

Ladder Fuels means vegetation of different heights, close enough to allow a surface fire to spread vertically to the top of a tree.

Effective on: 7/1/2014

Landscape Area means that portion of a lot or parcel proposed for development which is required to contain plantings or other landscape improvements. Impervious surfaces are not counted as landscaped areas.

Effective on: 1/1/2026

Lawn means short, mown grass in yard, garden or park. 

Effective on: 1/1/2026

Lessee means, with reference to the Oil and Gas Regulations, the entity entitled under an oil or gas lease to drill and operate wells. The lessee may also be the applicant for purposes of this article.

Effective on: 7/1/2014

Letter of Map Revision ("LOMR") (Floodplain Management Regulations) means FEMA's official revision of an effective Flood Insurance Rate Map ("FIRM"), or Flood Boundary and Floodway Map ("FBFM"), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations ("BFEs"), or the Special Flood Hazard Area ("SFHA").

Effective on: 7/1/2014

Letter of Map Revision Based on Fill ("LOMR-F") (Floodplain Management Regulations) means FEMA’s modification of the Special Flood Hazard Area ("SFHA") shown on the Flood Insurance Rate Map ("FIRM") based on the placement of fill outside the existing regulatory floodway.

Effective on: 7/1/2014

Levee (Floodplain Management Regulations) means a man-made embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. For a levee structure to be reflected on the FEMA Flood Insurance Rate Maps ("FIRMs") as providing flood protection, the levee structure must meet the requirements set forth in 44 CFR 65.10.

Effective on: 7/1/2014

Levee System (Floodplain Management Regulations) means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Effective on: 7/1/2014

Level 1 Electric Vehicle Supply Equipment (EVSE) means a receptacle serving a vehicle parking space that has a power capacity of at least 1.8 kVa (or 15A at 120V). Level 1 EVSE installations do not necessarily include charging cables, as these are typically provided by the driver of the electric vehicle in the case of Level 1 charging. 

Effective on: 10/22/2025

Level 2 Electric Vehicle Supply Equipment (EVSE) means EVSE that meets all of the following requirements: 

1. 1.
   Has a power capacity of at least 6.2 kVa (or 30A at 208/240V) and has the ability to connect to the internet; or is an inductive charging system for battery-powered electric vehicles that is Energy Star certified and has the ability to connect to the internet.
2. 2.
   Wall-mounted or pedestal style and may provide multiple cords to connect with electric vehicles. 
3. 3.
   Listed and labeled for EV charging and complies with the current version of Article 625 of the National Electrical Code.

Effective on: 10/22/2025

Library means a public or nonprofit facility in which books, periodicals, audio or video recordings, film, and comparable materials are kept for use or loaning to patrons of the facility. Such use may also offer use of computers and the incidental or periodic sale of surplus books.

Effective on: 7/1/2014

Licensed premises  (Marijuana Regulations) means the premises specified in an application for a license pursuant to the Municipal Code and the Colorado Medical/Retail Marijuana Codes that is owned by or in possession of the Licensee and within which the Licensee is authorized to manufacture, distribute or sell Marijuana in accordance with the provisions the Colorado Medical/Retail Marijuana Codes and the Municipal Code. 

Effective on: 12/4/2024

Licensed Premises  (Natural Medicine Regulations) means the premises specified in an application for a license pursuant to the Municipal Code, and applicable Colorado Natural Medicine Code, that is owned by or in possession of the Licensee and within which the Licensee is authorized to cultivate, manufacture, test, store, distribute, transport, transfer, or dispense natural medicine or natural medicine product in accordance with provisions of the Colorado Natural Medicine Code and the Municipal Code. 

Effective on: 12/4/2024

Lift Station means a facility for pumping sewage from a lower elevation to a higher elevation, to allow for gravity flow back to a sanitary sewer plant.

Effective on: 7/1/2014

Light Industry means uses that involve research and development, assembly, compounding, packaging, testing, or treatment of products, generally from previously prepared materials, with limited outside storage and limited external impacts or risks. For illustrative purposes, light industrial uses include:

1. 1.
   Assembly, testing, or refurbishing of products, instruments, electronics, office and computing machines, and fixtures from pre-manufactured components;
2. 2.
   Offices of general contractors; specialty subcontractors; tradesmen; or telecommunications providers which include:

   1. a.
      Bay door access to indoor storage of tools, parts, and materials;
   2. b.
      Parking of commercial vehicles or a fleet of cars, vans, or light trucks that are used in the business; or
   3. c.
      Outdoor storage areas that are smaller than the area of the first floor of the building that are used for storage of materials or vehicles that are less than 12 feet in height.
3. 3.
   Food production and packaging, but not:

   1. a.
      Meat and seafood processing;
   2. b.
      Natural medicine infused products meant for consumption;
   3. c.
      Medical marijuana-infused products manufacture; and
   4. d.
      Restaurants.
4. 4.
   Furniture making or refinishing;
5. 5.
   Manufacture of textiles or apparel;
6. 6.
   Screen printing of apparel (except low volume screen printing at a retail store);
7. 7.
   Printing and publishing, except copy centers, and except printing presses that require a Stationary Source permit or Title V permit for air emissions;
8. 8.
   Research and development of products, equipment, or materials (if not classified as heavy industry);
9. 9.
   Disassembly of consumer electronics and / or appliances into component parts, where all operations and storage are within an enclosed building;
10. 10.
    Manufacture of glass products (e.g., window panes, bottles and jars), including hand-blown products;
11. 11.
    Fabrication of building materials such as countertops, drywall, and cut stone (if not classified as heavy industry);
12. 12.
    Manufacture or compounding of pharmaceutical products, dietary supplements, health and beauty products, and herbal products; and
13. 13.
    Packaging of products.

Effective on: 12/4/2024

Light Pollution means any nuisance caused by adverse effect of manmade light, including but not limited to glare, light trespass, sky glow, visual clutter, and wasted energy due to excessive or unnecessary lighting; or artificial light that unnecessarily diminishes the ability to view the night sky or is disruptive to flora and fauna.

Effective on: 12/4/2024

Light Trespass means light projected across property lines or into the public right-of-way when it is not required or permitted to do so.

Effective on: 12/4/2024

Live-Work Unit means a building or portion of a building that combines a dwelling unit with an integrated workspace that is principally used by one or more of the residents of the dwelling unit. The workspace is secondary or accessory to the primary residential use.

Effective on: 7/1/2014

Local Licensing Authority shall mean the Durango Local Licensing Authority established and governed by Article VIII of Chapter 5 of the Municipal Code.

Effective on: 7/1/2014

Logo means an emblem, letter, character, picture, trademark or symbol used to represent any firm, organization, entity or product.

Effective on: 4/2/2019

Lot means a parcel of land whose boundaries have been established by a legal instrument such as a recorded plat, recorded deed, or court order, which is recognized as a separate legal entity for purposes of transfer of title.

Effective on: 7/1/2014

Lot, Corner means a lot that has at least two intersecting lot lines that are coterminous with street rights-of-way.

Effective on: 7/1/2014

Lot, Flag means a lot that is set back from the street, which takes access to the street across an easement, private right-of-way, or narrow strip of land.

Effective on: 7/1/2014

Lot, Interior means a lot that is not a corner lot or though lot.

Effective on: 7/1/2014

Lot, Through means a lot with a rear lot line that is coterminous with a street right-of-way. Lots with rear lot lines that abut alleys are not through lots.

Effective on: 7/1/2014

Lot Coverage means the area of a parcel occupied by principal and accessory structures. For the purpose of this chapter, lot coverage shall be considered to be the footprint of the principal and any accessory buildings measured at grade, including any carport (whether enclosed or not). Eaves 18 inches and less shall not be included in the measurement of lot coverage. Overhangs, covered porches, and all decks are included in the measurement of lot coverage.  Lot coverage and building coverage are synonymous.

Effective on: 7/1/2014

Lot Line means a line that divides one lot from another, or from a street or other public place. There are four types of lot lines: front, rear, side, and street:

1. Front lot line means the lot line that follows the street right-of-way line of the street from which the lot takes access; or, where more than one street yard could safely provide this access, the street from which the address is assigned.
2. Rear lot line means the lot line opposite the front lot line. "Pie shaped" lots generally do not have a rear lot line.
3. Side lot line means the lot line that runs generally perpendicular or at angles to the street or any line that is not a front, street, or rear lot line.
4. Street side lot line means any side lot line that is also a street right-of-way line. Not all lots will have a street side lot line.

Effective on: 7/1/2014

Lowest Floor (Floodplain Management Regulations) means the lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any combination thereof. This includes any floor that could be converted to such a use such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood insurance Program regulations.

Effective on: 7/1/2014

Lumen means a measure of the total "amount" of visible light emitted by a source, equal to one candela of luminous intensity uniformly distributed across a solid angle of one steradian.

Effective on: 7/1/2014

MS4 means Municipal Separate Storm Sewer System, as designated by the 1987 Clean Water Act Amendments regulations developed by the United States Environmental Protection Agency.

Effective on: 7/1/2014

Maintenance (Sign Regulation) means the cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.

Effective on: 4/2/2019

Major Renovation or Addition (Parking Code, Electric Vehicle Regulations) means a renovation project of a building or structure where the construction cost exceeds twenty-five percent of the building's current value. An addition means a new structure or expansion added to an existing building where the construction cost exceeds twenty-five percent of the building or structure's current value. 

Effective on: 10/22/2025

Major Oil and Gas Facilities means:

1. Centralized facilities.
2. Water injection, centralized water transfer stations, centralized water pump stations and associated facilities serving multiple well pads.
3. Storage yards and construction staging yards in place for longer than six months.
4. Any permanent equipment facility or structure related to the production of oil and/or gas which contains internal combustion engines with a cumulative horsepower, de-rated for elevation, of 200 BHP or greater.
5. Pipelines for which the power of eminent domain is exercised.
6. Any oil and gas facility not meeting the definition of minor oil and gas facility.

Effective on: 7/1/2014

Manufactured Home means:

1. With reference to the Floodplain Management Regulations, means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a recreational vehicle nor does it include a mobile home.
2. For all other purposes, manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities, and which has certification required by the United States Secretary of Housing and Urban Development and was constructed is in compliance with the requirements of 42 U.S.C. § 5401, et seq., Manufactured Home Construction and Safety Standards, and the regulations of the Department of Housing and Urban Development that are promulgated thereunder. The phrase "manufactured home" does not include a recreational vehicle, nor does it include a mobile home.

Effective on: 7/1/2014

Manufactured Home Park or Subdivision, means:

1. WIth reference to the Floodplain Management Regulations, a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
2. For all other purposes, a parcel of land that is divided into two or more lots for long-term lease or sale, with infrastructure designed for the installation of manufactured homes.

Effective on: 7/1/2014

Marijuana for purposes of this Article shall have the same meaning as more fully defined in any applicable state or local law or regulation.

Effective on: 7/1/2014

Marijuana Business shall mean any medical marijuana business as defined in the Municipal Code, or a Retail Marijuana Business as defined in Division 1 of Article VIII of the Municipal Code.

Effective on: 7/1/2014

Market-Rate Homes or Market-Rate Units means homes in a Fair Share Development that are not subject to a Fair Share Home Price or other requirements.

Effective on: 7/1/2014

Material Safety Data Sheet ("MSDS") (Floodplain Management Regulations) means a form with data regarding the properties of a particular substance. An important component of product stewardship and workplace safety, it is intended to provide workers and emergency personnel with procedures for handling or working with that substance in a safe manner, and includes information such as physical data (melting point, boiling point, flash point, etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill-handling procedures.

Effective on: 7/1/2014

Mean Sea Level, (Floodplain Management Regulations) for purposes of the National Flood Insurance Program, means the North American Vertical Datum ("NAVD") of 1988 or other datum, to which Base Flood Elevations shown on the City of Durango's Flood Insurance Rate Map are referenced.

Effective on: 7/1/2014

Median Income means, with reference to the fair share housing provisions of this LUDC, "area median income."

Effective on: 7/1/2014

Medical Clinic means a facility that provides medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including diagnostic services, treatment, training, administration, and services to outpatients, employees, or visitors, often without appointment. The phrase "Medical Clinic" includes immediate care facilities, where urgent care treatment is the dominant form of care provided at the facility, and "Medical Lab" to the extent necessary to carry out diagnostic services for the medical clinic's patients. The phrase "Medical Clinic" does not include the phrase "Medical Office." The phrase "Medical Clinic" is subsumed by the term "Hospital."

Effective on: 7/1/2014

Medical Lab means a facility that is used for the express purpose of the design, fabrication and repair of dental and optical goods, and / or a laboratory where tests are performed on biological specimens in order to obtain information about the health of a patient.

Effective on: 7/1/2014

Medical Marijuana shall have the same meaning as set forth in C.R.S., §12-43.3-104(7).

Effective on: 7/1/2014

Medical Marijuana Business shall mean and refer to a person holding a medical marijuana center license, as defined in C.R.S., §12-43.3-402. The term “medical marijuana business” shall not include the private possession, production, distribution and medical use of marijuana by an individual patient or an individual caregiver for one patient in the residence of the patient or caregiver to the extent permitted by Article XVIII, Sec. 14 of the Colorado Constitution or any other applicable state law or regulation.

Effective on: 7/1/2014

Medical Marijuana Center means a retail business that sells Medical Marijuana or Medical Marijuana-Infused Products to registered patients or primary caregivers, but is not a primary caregiver, in accordance with C.R.S. § 12-43.3-104(8), as amended.

Effective on: 7/1/2014

Medical Marijuana Cultivation Facility means a cultivation business that grows and cultivates Medical Marijuana plants for a specific Medical Marijuana Center or for a specific Medical Marijuana-Infused Products Manufacturing Facility, in accordance with C.R.S. § 12-43.3-104(11 7 12), as amended.

Effective on: 7/1/2014

Medical Marijuana-Infused Products Manufacturing Facility means a manufacturing business that exclusively manufactures and prepares Medical Marijuana-Infused products for consumption, other than smoking, (i.e. edible products, ointments and tinctures), in accordance with C.R.S. § 12-43.3-104(9 & 10), as amended.

Effective on: 7/1/2014

Medical Office: See Office, Medical.

Effective on: 7/1/2014

Meeting Hall means a building that is designed for public gatherings or meetings.

Effective on: 7/1/2014

Mini Park means a publicly-accessible park that is typically between 1/4 acre and one acre in area, which serves residents who live within a 1/4 mile radius. Mini-parks are minimally developed with amenities such as landscaping, picnic tables, benches, pavilions, and/or playground equipment. Mini-parks are geared towards small children and/or passive use. Mini-parks are typically built and maintained by the development it primarily serves.

Effective on: 7/1/2014

Mini-Storage, Interior Access means a building that is divided into small rooms intended for dead storage of a customer's goods or business records, where such rooms are accessed from inside of the building.

Effective on: 7/1/2014

Mini-Storage, Outside Access means a facility that contains separate storage spaces that are accessed from the outside through standard exterior doors or garage bay doors. The storage spaces may be of various sizes, and are leased or rented on an individual basis.

Effective on: 7/1/2014

Minor Oil and Gas Facilities Requiring Special Mitigation Measures means:

1. An individual wellsite built and operated to produce petroleum and/or natural gas and associated equipment (as defined above) which does not meet the minimum setback and other requirements specified in this article for minor facilities.
2. Any of the facilities specified under subsection 1. of this definition which do not comply with all applicable standards and requirements, as set forth in the Oil and Gas Regulations, and which are not classified as major facilities.
3. Continuous drilling and completion operations of wells or well legs on a well pad that are planned to continue for longer than six weeks.

Effective on: 7/1/2014

Mixed-Use means development in which a combination of residential and commercial uses (e.g., residential-over-retail), or several classifications of commercial uses (e.g., office and retail), are located on the same parcel proposed for development.

Effective on: 7/1/2014

Mixed Housing Neighborhood means a residential neighborhood development in which different types of housing such as single-family, duplex, townhouses and multifamily units are mixed together in a fine grain development pattern. Mixed Housing Neighborhoods have common open spaces and often, though not necessarily, share access from the same internal drives. Mixed Housing Neighborhoods are distinct from typical neighborhood development patterns where single family housing pods are physically separated from grouping of higher density housing.

Effective on: 7/1/2014

Mobile Home means a dwelling that is built on a chassis designed for long-term residential occupancy, that is capable of being installed in a permanent or semi-permanent location, with or without a permanent foundation, and with major appliances and plumbing, gas, and electrical systems installed but needing the appropriate connections to make them operable, and that may be occasionally drawn over the public highways, by special permit, as a unit or in sections to its permanent or semi-permanent location. Mobile homes are different from manufactured homes in that they were either constructed before the adoption of 42 U.S.C. § 5401, et seq., Manufactured Home Construction and Safety Standards, or are otherwise not in compliance with said federal law and its implementing regulations. The phrase "mobile home" does not include "recreational vehicle."

Effective on: 7/1/2014

Modular Home means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, able to meet the applicable building code as administered by the building official. A modular home is different than a manufactured home and modular homes are not subject to regulations enacted in this code applicable to manufactured homes. 

Effective on: 2/21/2024

Motor Vehicle Repairs and Service, Heavy means:

1. Repairs to passenger vehicles that are not classified as Motor Vehicle Repairs / Service, Light (including body repairs, paint, upholstery, engine replacement or reconditioning, air conditioning replacement, tire recapping, and custom body work, but not including installation of audio, video, and navigation systems); and

2. Any type of repairs to commercial vehicles or construction vehicles.

Effective on: 7/1/2014

Motor Vehicle Repairs and Service, Light means:

1. Routine service to passenger vehicles which generally takes less than 90 minutes to complete (e.g., tire rotation and balance, brake service, oil changes, glass repair and replacement, fluid changes, etc.); and

2. Repairs and service to motorcycles, scooters, snowmobiles, ATVs, riding lawnmowers, and other vehicles with engines of less than 1500 cc displacement.

Effective on: 7/1/2014

Motor Vehicle Sales or Rental, Commercial or Construction Vehicles means the sale or rental of commercial vehicles or construction vehicles at the location where inventory is stored. Outdoor storage of commercial or construction vehicles for brokers is included in the definition of the phrase "Motor Vehicle Sales or Rental, Commercial or Construction Vehicles." This definition may include heavy equipment related uses. Not included in the definition are:

1. 1.
   Brokering of commercial or construction vehicles which are stored off-site and delivered directly to customers (a general office use); and
2. 2.
   Indoor storage of commercial or construction vehicles for brokers who are located off-site (a warehousing / distribution use).

Effective on: 10/22/2025

Motor Vehicle Sales or Rental, Motorcycles, Scooters, Snowmobiles, and ATVs means the sale or rental of motorcycles, scooters, snowmobiles, and ATVs at the location where inventory is stored. Outdoor storage of motorcycles, scooters, snowmobiles, and ATVs for off-site brokers is included in the definition of the phrase "Motor Vehicle Sales or Rental, Motorcycles, Scooters, Snowmobiles, and ATVs." Not included in the phrase is:

1. Brokering of motorcycles, scooters, snowmobiles, or ATVs which are stored off-site and delivered directly to customers (a general office use); and
2. Indoor storage of motorcycles, scooters, snowmobiles, and ATVs for brokers who are located off-site (a warehousing / distribution use).

Effective on: 7/1/2014

Motor Vehicle Rental, Passenger Vehicles means the rental of passenger vehicles at the location where inventory is stored. Outdoor storage of passenger vehicles for rental agencies that are located off-site is included in the definition of the phrase "Motor Vehicle Rental, Passenger Vehicles." Not included in the definition are passenger vehicle rental agencies that arrange the rental of vehicles that are stored off-site and delivered directly to customers, or picked up by customers at another location.

Effective on: 7/1/2014

Motor Vehicle Sales, Passenger Vehicles means the sale of passenger vehicles at the location where inventory is stored. Outdoor storage of passenger vehicles for brokers is included in the definition of the phrase "Motor Vehicle Sales, Passenger Vehicles." Not included in the definition are:

1. Brokering of passenger vehicles which are stored off-site and delivered directly to customers (a general office use); and
2. Indoor storage of passenger vehicles for brokers who are located off-site (a warehousing / distribution use).

Effective on: 7/1/2014

Mounting Height means the height at which a luminaire is mounted measured from the bottom of the luminaire to the finished grade of the ground below.

Effective on: 7/1/2014

Multifamily means a building that includes three or more dwelling units, but not a multiplex.

Effective on: 7/1/2014

Multiplex means a building that is designed to look like a single-family detached building, which includes three to five individual dwelling units.

Effective on: 7/1/2014

Multi-Unit Building means a multifamily building that is not a townhouse or multiplex.

Effective on: 3/2/2016

Multi-Unit Property means a parcel of land that is developed with 3 or more residential dwellings which are located in 2 or more buildings.

Effective on: 11/2/2021

Mural means a picture or graphic illustration applied directly to a wall of a building or structure that does not advertise or promote a particular business, service or product.

Effective on: 4/2/2019

National Flood Insurance Program ("NFIP") (Floodplain Management Regulations) FEMA’s program of flood insurance coverage and floodplain management administered in conjunction with the Robert T. Stafford Relief and Emergency Assistance Act. The NFIP has applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations. The U.S. Congress established the NFIP in 1968 with the passage of the National Flood Insurance Act of 1968.

Effective on: 7/1/2014

Natural Gas Compressor Station means:

1. A facility that is used to advance natural gas through a pipeline, which typically includes compressor units, scrubber/filters, cooling facilities, emergency shutdown systems, and an on-site flow control and dispatch system that maintains the operational integrity of the station.
2. Facilities at underground natural gas storage sites for injection and withdrawal operations; and
3. Facilities that are located in production areas to increase operational wellhead pressures where they are not otherwise sufficient to move the flow into the high-pressure mainline or gathering header systems.

Effective on: 7/1/2014

Natural Gas Lateral means a pipeline that delivers natural gas to and from a natural gas main. Natural gas laterals are typically between six and 16 inches in diameter.

Effective on: 7/1/2014

Natural Gas Main means a pipeline that is used to transport natural gas over long distances. Natural gas mains are typically between six and 48 inches in diameter.

Effective on: 7/1/2014

Natural Medicine means a regulated natural medicine that is cultivated, manufactured, tested, stored, distributed, transported, transferred, or dispensed in accordance with provisions of the Colorado Natural Medicine Code and the Municipal Code.

1. A.
   Natural Medicine includes the following substances: 

   1. 1.
      Psilocybin;
   2. 2.
      Psilocyn;
   3. 3.
      Dimethyltryptamine, if recommended by the Board and approved by the Director and the Executive Director of the State Licensing Authority for inclusion on or after June 1, 2026;
   4. 4.
      Ibogaine, if recommended by the Board and approved by the Director and the Executive Director of the State Licensing Authority for inclusion on or after June 1, 2026; or
   5. 5.
      Mescaline, if recommended by the Board and approved by the Director and the Executive Director of the State Licensing Authority for inclusion on or after June 1, 2026.
2. B.

   Natural Medicine does not include:  

3.  
   1. 1.
      A synthetic or synthetic analog of the substances listed in subsection 1.a. or 1.b above, including a derivative of a naturally occurring compound of natural medicine that is produced using chemical synthesis, chemical modification, or chemical conversion; or
   2. 2.
      Notwithstanding subsection 1.e. above, “mescaline” does not include peyote, meaning all parts of the plant classified botanically as lophophora williamsii lemaire, whether growing or note; its seeds; any extract from any part of the plant, and every compound, salt, derivative, mixture, or preparation of the plant; or its seeds or extracts.

Effective on: 12/4/2024

Natural Medicine Business means any of the following entities licensed pursuant to this Municipal Code and applicable Colorado Natural Medicine Code: a Natural Medicine Healing Center, A Natural Medicine Cultivation Facility, a Natural Medicine Products Manufacturer, or a Natural Medicine Testing Facility, or another licensed entity created by the State Licensing Authority.

Effective on: 12/4/2024

Natural Medicine Cultivation Facility means a business licensed to cultivate, prepare, or package regulated natural medicine and natural medicine byproducts for facilitated use at licensed natural medicine businesses.

Effective on: 12/4/2024

Natural Medicine Product means a product infused with natural medicine that is intended for consumption.​​​​​​​

Effective on: 12/4/2024

Natural Medicine Service means a preparation session, administration session, and integration session provided pursuant to the Colorado Natural Medicine Code.

Effective on: 12/4/2024

Neighborhood Park means a park that is typically between one acre and ten acres in area, which serves residents who live within a 1/2 mile radius. Neighborhood parks are typically developed with turf areas, picnic tables, benches, pavilions, playground equipment, play fields, and / or play courts, and sometimes also include restroom facilities.

Effective on: 7/1/2014

New Construction (Floodplain Management Regulations) means the construction of a new structure (including the placement of a mobile home) or facility or the replacement of a structure or facility which has been totally destroyed. 

Effective on: 6/19/2024

New Manufactured Home Park or Subdivision means:

1. With reference to the Floodplain Management Regulations, a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the date the Floodplain Management Regulations became effective.
2. For all other purposes, a manufactured home park or subdivision, or expanded portion thereof, which is approved after the effective date.

Effective on: 7/1/2014

Night Club means an establishment for evening entertainment, such as live music, comedy acts, a floor show, or dancing. Night clubs may also serve food for on-premises consumption.

Effective on: 7/1/2014

No-Rise Certification (Floodplain Management Regulations) means a record of the results of an engineering analysis conducted to determine whether a project will increase flood heights in a floodway. A No-Rise Certification must be supported by technical data and signed by a registered Colorado Professional Engineer. The supporting technical data should be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the Flood Insurance Rate Map ("FIRM") or Flood Boundary and Floodway Map ("FBFM").

Effective on: 7/1/2014

Nonconforming Situation means, individually or collectively:

1. Nonconforming buildings (see Section 6-1-2-4, Nonconforming Buildings);
2. Nonconforming structures (see Section 6-1-2-5, Nonconforming Structures);
3. Nonconforming landscaping (see Section 6-1-2-6, Nonconforming Landscaping);
4. Nonconforming signs (see Section 6-1-2-7, Nonconforming Signs);
5. Nonconforming lighting (see Section 6-1-2-8, Nonconforming Lighting);
6. Nonconforming parking (see Section 6-1-2-9, Nonconforming Parking); and
7. Nonconforming lots (see Section 6-1-2-10, Nonconforming Lots).

Effective on: 7/1/2014

Nonfunctional Turf means turf that is not functional turf, as defined in this code. This term includes turf that is designed for aesthetic appeal only and not conducive to active recreation or other functional purposes. The term also includes turf located in a street right-of-way, planting strip, parking lot, or median. Nonfunctional turf does not include turf that is designated to be part of a water quality treatment solution required for compliance with federal, state, or local agency water quality permitting requirements that is not irrigated and does not have herbicides applied.  

Effective on: 1/1/2026

Nursery, Wholesale means land that is used to raise trees, shrubs, flowers, and other plants that are sold at wholesale to retailers or landscape professionals.

Effective on: 7/1/2014

Nursing Home means an establishment that provides continuous day and night room and board, personal services, and medical care for compensation, for two or more elderly or infirm persons who are not related to the owner / operator of the home.

Effective on: 7/1/2014

Office, General means uses in which professional, administrative, clerical, brokering, real estate, technical support, and financial services are provided. The phrase includes:

1. Accounting, auditing and bookkeeping;
2. Advertising and graphic design;
3. Architectural, engineering, and surveying services;
4. Attorneys and court reporters;
5. Banks, mortgage companies; and financial services;
6. Brokering of motor vehicles, commodities, and other items where the thing brokered is not stored on-site for any length of time;
7. Business incubators;
8. Call centers;
9. Computer programming and data recovery services;
10. Corporate headquarters;
11. Data processing and word processing services;
12. Detective agencies;
13. Government offices;
14. Insurance;
15. Interior design;
16. Real estate sales and off-site rental offices;
17. Research and development that does not include on-site manufacturing;
18. Retail catalog, internet, and telephone order processing, but not warehousing; and
19. Virtual office services.

Effective on: 7/1/2014

Office, Medical means office space used for the examination and / or treatment of patients on an outpatient basis (with no overnight stays by patients), generally by appointment, by such professionals as:

1. Medical doctors (physicians, pediatricians, obstetricians, gynecologists, radiologists, geriatricians, general and specialist surgeons, podiatrists, ophthalmologists, anesthesiologists, etc.);
2.  Dentists;
3.  Optometrists;
4. Midwives;
5. Physical therapists, occupational therapists, and speech therapists;
6. Chiropractors, licensed massage therapists, and acupuncturists;
7. Nutritionists and homeopaths;
8. Psychiatrists, clinical psychologists, clinical social workers, and marriage and family therapists;
9. Physiatrists, physiotherapists, orthotics, prosthetics, recreational therapists, audiologists, respiratory therapists, rehabilitation counselors, prosthetic technicians, and personal care assistants; and
10.  Other comparable health care professionals.

The phrase "Medical Office" includes the phrase "Medical Lab" to the extent necessary to carry out diagnostic services for the medical office's patients. The phrase "Medical Office" does not include the phrase "Medical Clinic." The phrase "Medical Office" is subsumed by the term "Hospital." Office, Medical and Medical Office are synonymous.

Effective on: 7/1/2014

Oil and Gas Facility - see definition for Major and Minor Oil and Gas Facilities.

Effective on: 7/1/2014

Oil and Gas Location means a definable area where an operator has disturbed or intends to disturb the land surface in order to locate an oil and gas facility.

Effective on: 7/1/2014

Oil and Gas Regulations means the provisions of this LUDC that relate to the regulation of Oil and Gas facilities and operations. They include Division 4-4-10, Oil and Gas, Division 6-3-8, Oil and Gas Procedures, related procedural requirements in Division 6-3-3, Standard Development Approval Procedures, applicable nonconforming use provisions of Article 6-1, Nonconformities, and related definitions.

Effective on: 7/1/2014

Oil Well means a well that is capable of producing crude petroleum oil.

Effective on: 7/1/2014

On-Site Employee Housing Unit means a living unit within a commercial business that is used by one or more of the employees of the business and where the residential use of the building is secondary or accessory to the primary use of the building. The employee’s immediate family may also live in the unit if the unit is created as a full unit, including payment of fees.

Effective on: 3/2/2016

On-site Recreation and Leisure Area means an outdoor area within a parcel proposed for development which is designed and designated for use by residents of the development for recreation or leisure activities. Such areas may include playground equipment, play courts, swimming pools, formal plazas with seating areas, community gardens, or other comparable features. The phrase "on-site recreation and leisure area" does not include trails.

Effective on: 7/1/2014

Open Compost Heap means an identifiable but unconfined pile of organic matter that is left to decompose into compost.

Effective on: 7/1/2014

Open Space means:

1. Natural lands and waters permanently preserved in a natural state;

2. Lands that are restored and enhanced using native species consistent with the surrounding natural landscape;

3. Working agricultural ranch land;

4. Cultural and historic sites; and

5. Community gardens and arboretums.

The phrase "open space" is interpreted more narrowly than the phrase "common open space."

Effective on: 7/1/2014

Operating Plan means a general description of a facility identifying purpose, use, typical staffing pattern, equipment description and location, access routes, seasonal or periodic considerations, routine hours of operating, source of services / infrastructure, and any other information related to regular functioning of that facility.

Effective on: 7/1/2014

Outdoor Commercial Recreation means uses that means active recreational activities, including uses such as zip line courses, rope courses, rock climbing, frisbee golf, and similar uses. The use does not include Amusement parks, Outdoor Recreation or Outdoor shooting / archery range / and paintball courses or other uses defined within the Use Zone Matrix. Outdoor Commercial Recreation uses may also include indoor or outdoor areas with games, food service, and incidental retail uses (e.g., souvenir shops) that are subordinate to the principal outdoor entertainment uses.

Effective on: 4/30/2019

Outdoor Recreation means uses that provide recreation opportunities outdoors for the public (open to the community) or residents of a subdivision or development, which are generally not commercial in nature (except for golf courses and ski slopes, which may be commercial in nature). The phrase "recreation, outdoor" includes areas for active or passive recreational activities including, but not limited to:

1. Jogging, cycling, tot-lots, fitness trails, playing fields, playgrounds, outdoor swimming pools, and tennis courts;
2. Golf courses (regardless of ownership or membership);
3. Ski slopes;
4. Arboretums, wildlife sanctuaries, forests, and other natural areas which may be used for walking or hiking; or
5. Other passive recreation-oriented parks, including picnic areas and garden plots.

Effective on: 7/1/2014

Outdoor Retail, Heavy means the storage and display of construction or landscaping supplies outside of a building, for the purposes of retail sale. The phrase "outdoor retail, heavy" does not include the phrase "outdoor retail, light," "salvage yard," or any of the uses that are classified as "motor vehicle and heavy equipment related uses," such as "heavy equipment rental and sales;" "motor vehicle sales or rental, commercial or construction vehicles;" "motor vehicle sales or rental, motorcycles, scooters, snowmobiles, and ATVs;" "motor vehicle sales, passenger vehicles;" or "recreational vehicle and boat sales."

Effective on: 7/1/2014

Outdoor Retail, Light means the storage and display of consumer goods outside of a building, for the purposes of retail sale, as a primary use of land. The phrase includes permanent outdoor facilities for farmers' markets, flea markets, household garden supplies (e.g., potted plants; seeds; manual pruning equipment; and soil, fertilizers, mulch or rock that are sold in bags that are 50 pounds or less in weight); and comparable uses. The phrase "outdoor retail, light" does not include the phrase "outdoor retail, heavy," "salvage yard," or any of the uses that are classified as "motor vehicle and heavy equipment related uses," such as "heavy equipment rental and sales;" "motor vehicle sales or rental, commercial or construction vehicles;" "motor vehicle sales or rental, motorcycles, scooters, snowmobiles, and ATVs;" "motor vehicle sales, passenger vehicles;" or "recreational vehicle and boat sales." The phrase "outdoor retail, light" also does not include rooftop commercial uses.

Effective on: 7/1/2014

Outdoor Shooting / Archery Range / Paintball means the use of land for archery and/or the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games (paintball), or temporary competitions, such as turkey shoots. Excluded from this use type shall be general hunting and unstructured and nonrecurring discharging of firearms on private property with the property owner’s permission.

Effective on: 7/1/2014

Outdoor Stadium, Arena, Amphitheater, or Drive-In Theater

1. Outdoor Stadium or Arena means an outdoor area surrounded by tiered rows of seats or benches, designed for the viewing of sporting events, rodeos, equestrian events, livestock exhibitions, concerts, or other organized entertainment.
2. Drive-In Theater means an area of land that includes one or more large outdoor screens or other structure for the display of motion pictures and an area for parking automobiles from which the motion pictures are viewed. Drive-in theaters may also include a concession stand and outdoor seating areas.

Effective on: 7/1/2014

Outdoor Storage Area means an outdoor area in which items that are used for commercial or construction activities (e.g., portable or mechanized equipment, building materials, manufacturing inputs, or merchandise) is stored for a period of 48 or more consecutive hours.

Effective on: 7/1/2014

Owner or Operator means, with reference to the Oil and Gas Regulations, the person who has the right to drill into and produce from a pool and to appropriate the oil or gas produced therefrom either for such owner or operator or others.

Effective on: 7/1/2014

Owner of Record means the person, persons, or entity listed in records of the La Plata County Assessor as the owner of property at the time ownership records are requested. Due to the potential for lag time in the recording of deeds and the transfer of information from the recorder to the assessor, in some cases the record owner will not be the actual owner.  Owner of Record and Record Owner are synonymous.

Effective on: 7/1/2014

Package Delivery, Small means a delivery service that provides at least one-third (1/3) of its service to individuals or establishments within the City limits, and which uses delivery vehicles that are no larger than three-fourths (3/4) ton capacity vans or pickup trucks.

Effective on: 7/1/2014

Packing, Flowers, Fruits, Nuts, Grains, and Vegetables means the preparation of non-animal agricultural products for shipping. It includes washing, sorting, crating, and other functional operations such as drying, crushing, hulling, or shelling, or other preparation in which the chemical and physical composition of the agricultural product remains essentially unaltered.

Effective on: 7/1/2014

Packing or Processing, Meat means a building where slaughtered animals (including game) are processed; and/or a building where meat, poultry, or eggs are cooked, smoked, or otherwise processed or packed, but does not include a slaughterhouse, butcher shop, or rendering plant. A meat packing or processing plant may also slaughter and process chickens that are raised on non-farm lots pursuant to Section 3-5-1-5, Keeping of Chickens.

Effective on: 7/1/2014

Parapet Wall is the portion of a building wall that extends above the level of the roof. See Illustration: Parapet Wall, below.

Illustration: Parapet Wall

Effective on: 7/1/2014

Parcel of Land means one or more lots which are designated by the owner or applicant as land to be used or developed as a unit, or which has been developed as a unit.

Effective on: 7/1/2014

Parcels Proposed for Development means any parcel of land which is the subject of an application for development approval.

Effective on: 7/1/2014

Parking Aisle means the area of a parking lot or parking structure which provides for vehicular access to off-street parking stalls. The phrase "parking aisles" does not include the word "driveway" or the phrase "access point."

Effective on: 7/1/2014

Parking Lot means an area of land that is designated for the parking of automobiles and light trucks, the related parking aisles, the landscaped areas that are surrounded by the parking lot's paved areas, and the landscaped areas at the corners of the paved areas insofar as their inclusion in the parking lot area gives it a regular shape. The phrase "parking lot" does not include driveways on individual residential lots, nor does it include individual garages or carports. Parking lots that are principal uses of property are not related to a specific land use on the same parcel.

Effective on: 7/1/2014

Parking Structure means a structure that is composed of one or more levels that are used exclusively for the parking of motor vehicles. A parking structure may be totally below grade (underground parking structure); or partially or totally above grade (above-ground parking structure); and may be separate from or integrated into a building that is used for other purposes. Parking structures include parking lifts. Parking structures that are principal uses of property are not related to a specific land use on the same parcel.

Effective on: 7/1/2014

Participant (Natural Medicine Regulations) means a person who is twenty-one (21) years of age or older and who received natural medicine services performed by and under the supervision of a facilitator at a licensed natural medicine facility.

Effective on: 12/4/2024

Passive Solar Design means a building design technique that uses a combination of the following five elements to collect, store, and distribute solar heat within the building during the heating season:

1. Aperture. The aperture (or collector) is the area of windows through which sunlight enters the building. Aperture(s) used for this purpose typically face within 30 degrees of true South and are not shaded by other buildings or trees between the hours of 9:00 AM and 3:00 PM during the heating season.
2. Absorber. The absorber is the hard, usually darkened, surface of a storage element (thermal mass). This surface is located in the direct path of sunlight, which it absorbs as heat.
3. Thermal Mass. The thermal mass is the material or materials that retain or store the heat provided by sunlight. The thermal mass is the material below or behind the absorber.
4. Distribution. Distribution is the method by which solar heat circulates from the collection and storage points to different areas of the building. A strictly passive design will use the three natural heat transfer modes (conduction, convection, and radiation) exclusively. In some applications, however, fans, ducts, and blowers are useful to help with the distribution of heat through the building.
5. Control. The control is the method used to control under- or overheating, which usually involves using a roof overhang to shade the aperture during summer months. Other controls may include electronic sensing devices, such as a differential thermostat that signals a fan to turn on; operable vents and dampers that allow or restrict heat flow; low-emissivity blinds; and awnings.

Illustration: Passive Solar Design

Effective on: 7/1/2014

Permanent Equipment means, with reference to the Oil and Gas Regulations, equipment located onsite for a duration of time greater than six months effective one year after the drilling and completion of a well.

Effective on: 7/1/2014

Permanent Supportive Housing – means low barrier, non-time-limited affordable housing for residents who earn 30% area median income and below and are experiencing homelessness and/or have disabilities. Support services to help individuals and families lead more stable lives are also provided on-site.

Effective on: 4/30/2019

Permit means a document issued by the City which authorizes:

1. Land clearing;
2. Grading,
3. Construction, demolition, or modification of infrastructure, buildings, signs or other structures; or
4. Changes of land use.

Effective on: 7/1/2014

Photometry, Absolute and Relative, means the measurement of light.

1. Absolute photometry is a process that measures the luminous intensity data for a lighting system and reports the data as an absolute, unconditional measurement.
2. In relative photometric testing, the lamp is tested separately prior to testing when installed in the luminaire as a “system” to determine its total luminous flux (lumen output). Photometric testing facilities typically maintain a stock of commercial lamps that are properly seasoned (per IES LM-54-1999 standard) so that their light output is reasonably constant.

Effective on: 7/1/2014

Pilaster means a rectangular column that projects slightly from a building wall.

Effective on: 7/1/2014

Pine Needle Removal means to rake only down to the decomposing layer to avoid erosion problems.

Effective on: 7/1/2014

Pit means, with reference to the Oil and Gas Regulations, subsurface earthen excavation (lined or unlined) or subsurface open top tank used for the purpose of retaining or storing substances associated with the drilling or operation of oil and gas wells.

Effective on: 7/1/2014

Place of Assembly means a building in which people assemble for civic, educational, religious, or cultural purposes. This use includes facilities used for the following:

1. Places of worship;
2. Meeting halls;
3. Fraternal organizations; and
4. Private clubs.

Effective on: 7/1/2014

Place of Worship means a facility where persons regularly assemble for religious purposes and related social events.

Effective on: 7/1/2014

Planting Strip means area/(s) of a parcel abutting right-of-way area typically between the street (back face of curb) and the sidewalk. 

Effective on: 1/1/2026

Platted Building Envelope means an area of land within a buildable lot within which all site structures, buildings and other hardscape elements shall be contained, except driveways.

Effective on: 7/1/2014

Platted Subdivision Lot means any lot created pursuant to state law or the ordinances of the City of Durango, which has received subdivision approval since May 5, 1972.

Effective on: 7/1/2014

Police or Fire Station means a police station or a fire station, including substations and dispatch centers. The phrase "police or fire station" does not include training facilities of a different character than the station, such as shooting ranges or fire training centers that conduct live burns.

Effective on: 7/1/2014

Post Office means a facility that contains service windows for mailing packages and letters, post office boxes, offices, vehicle storage areas, and / or sorting and distribution facilities for mail.

Effective on: 7/1/2014

Potable Water Plant means systems or structures designed to collect, treat, or distribute potable water, and includes water wells, treatment plants, and storage facilities.

Effective on: 7/1/2014

Pre-Approved Temporary Uses are recurring temporary uses that are approved as accessory uses of a development during the site plan or use permit approval process. 

Effective on: 7/1/2014

Premises  (Marijuana Regulations) means a distinct, definite location which may include a building, a part of a building, a room, or any other definite contiguous area.

Effective on: 7/1/2014

Preschool means a facility that provides preschool programs and services to the School District under the Colorado Preschool Program Act to a majority of the children who attend or are enrolled in that facility.

Effective on: 7/1/2014

Prioritized Workforce Housing means, with respect to Fast Track Review only, housing that meets the following criteria:

1. Rental housing affordable to a household with an annual income at or below sixty percent (60%) Area Median Income (AMI); or

2. For-sale housing affordable to a household with an annual income at or below one-hundred percent (100%) AMI; and

3. For the purposes of this definition, “affordable” means housing that costs less than thirty percent (30%) of household monthly income.

Effective on: 6/30/2026

Private Club means buildings and facilities that are owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for-profit which inures to any individual, and not primarily to render a service which is customarily provided by a for-profit business.

Effective on: 7/1/2014

Property Owners Association means a unit owners' association organized under C.R.S. § 38-33.3-201. It is a perpetual corporate entity, formed by a developer to take responsibility for ownership, ongoing management, and maintenance of commonly owned elements (e.g., open space) within a development. Membership in the property owners association, including payment of dues, is a mandatory condition of ownership of property within the development. Property owners associations include homeowners associations, condominium associations, and other comparable associations with comparable purpose. Control of the property owners association is transferred from the developer to property owners pursuant to Colorado law after a specified period or event.

Effective on: 7/1/2014

Protective Care means a facility that provides custodial care and treatment in a protective living environment for persons residing voluntarily or by court placement including, without limitation, correctional and post-correctional facilities, juvenile detention facilities, halfway houses, and temporary custody facilities. Protective care also includes uses that would be classified as institutional residential if they involve treatment for sexual offenders or people with a known tendency to commit acts of violence.

Effective on: 7/1/2014

Race Track, Motor Vehicle means a facility consisting of a paved roadway that is used primarily for the sport of racing motor vehicles (e.g., automobiles, trucks, and / or motorcycles). A racetrack may include seating, concession areas, suites, and accessory administrative offices. The phrase "race track, motor vehicle" also includes any facility used for driving motor vehicles under simulated racing or driving conditions (e.g., test tracks, “shakedown” tracks, or other similar facilities).

Effective on: 7/1/2014

Rail Station means a facility for the boarding of passengers onto rail cars. The phrase "rail station" includes related ticketing sales and administrative offices, and facilities for switching, storing, and maintaining trains.

Effective on: 7/1/2014

Ready for Highway Use (Floodplain Management Regulations) means, with respect to a recreational vehicle, that the vehicle is on its wheels or jacking system, is attached to a site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

Effective on: 7/1/2014

Record Owner means the person, persons, or entity listed in records of the La Plata County Assessor as the owner of property at the time ownership records are requested. Due to the potential for lag time in the recording of deeds and the transfer of information from the recorder to the assessor, in some cases the record owner will not be the actual owner.  Record Owner and Owner of Record are synonymous.

Effective on: 7/1/2014

Recreational Marijuana means any marijuana intended for recreational use which meets all of the requirements for recreational marijuana contained in Division 1, Article XVIII of the Municipal Code, Section 16 of the Colorado Constitution, and any other applicable state or local law.

Effective on: 7/1/2014

Recreational Vehicle (Floodplain Management Regulations) means a vehicle which is:

1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projections;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Effective on: 7/1/2014

Recreational Vehicle and Boat Sales and Rental means the sale or rental of recreational vehicles or boats (but not inflatable rafts) at the location where inventory is stored. Outdoor storage of recreational vehicles or boats for brokers is included in the definition of the phrase "Recreational Vehicle and Boat Sales." Not included in the definition are:

1. Brokering of recreational vehicles or boats which are stored off-site and delivered directly to customers (a general office use); and
2. Indoor storage of recreational vehicles or boats for brokers who are located off-site (a warehousing / distribution use).

Effective on: 6/29/2021

Recycling Collection and / or Processing, Attended means a building or site that is used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, or cleaning.

Effective on: 7/1/2014

Recycling Collection, Unattended means an unattended location that is used for the collection of recyclable materials from the public. Such facilities may include the following:

1. Reverse vending machines;
2. Bulk reverse vending machines or a group of reverse vending machines; 
3. Kiosk-type units which may include permanent structures; or 
4. Unattended containers placed for the donation of recyclable materials.

Effective on: 7/1/2014

Regional Housing Alliance of La Plata County means a governmental entity that has been designated by the City to carry out administrative tasks with respect to the administration of Fair Share Agreements which are not reserved for City departments and Boards.

Effective on: 7/1/2014

Regulated Natural Medicine means natural medicine that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided pursuant to the Colorado Natural Medicine Code.​​​​​​​

Effective on: 12/4/2024

Rendering Plant means a facility that processes waste materials originating from animals and vegetables (including animal parts and scraps, offal, paunch manure, and waste cooking grease) into stable materials such as lard, tallow, grease, bone meal, and oleochemicals. The phrase "rendering plant" does not include the word "slaughterhouse," nor the phrase "packing or processing, meat."

Effective on: 7/1/2014

Reserve Strip means a narrow strip of land that is reserved by a subdivider in order to prevent or control access to abutting streets or parcels. Bufferyards are not reserve strips.

Effective on: 7/1/2014

Reservoir means, when applied to access and circulation (see Article 4-2, Streets, Sidewalks, Trails and Utilities) within a lot or parcel proposed for development, the area between two specified points (usually the property line and the nearest turnout or parking space on the parcel proposed for development), in which vehicles may be stacked. See Illustration: Reservoir, below.

Illustration: Reservoir

Effective on: 7/1/2014

Residential means, with respect to the Oil and Gas Regulations, a property having an existing residence or platted subdivision lot within one-quarter mile of a site.

Effective on: 7/1/2014

Restaurant means an establishment that serves prepared meals to customers for consumption on-site or off-site.

Effective on: 7/1/2014

Restaurant; Drive-In or Drive-Through means a restaurant located either within a retail center, or situated on its own freestanding pad, which:

1. Contains a drive-in or drive-through facility;
2. Primarily serves food that is prepared and packaged within five minutes; and
3. Customarily serves food in disposable containers.

Effective on: 7/1/2014

Restaurant; Drive-In or Drive-Through, Late Night / 24-Hour means a restaurant; drive-in or drive-through use that is open at any time during the week between the hours of midnight and 6:00 AM, regardless of its other hours of operation, if any.

Effective on: 7/1/2014

Restaurant; No Drive-In or Drive-Through means a restaurant that does not include drive-in or drive-through facilities (but may include designated parking spaces for "curbside pickup" of food ordered in advance if the curbside pickup is a clearly subordinate function to the restaurant's operations). The phrase includes:

1. Full-service restaurants;
2. Limited-service eating facilities; and
3. Special foodservices.

Effective on: 7/1/2014

Retail Marijuana means all parts of the plant of the genus cannabis (hereafter the plant) 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, that is cultivated, manufactured, distributed, or sold by a licensed Retail Marijuana Store.   Retail Marijuana does not include industrial hemp, nor does it include fiber produced from stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.

Effective on: 7/1/2014

Retail Marijuana Establishment means a Retail Marijuana Store or a Retail Marijuana Testing Facility licensed under the Municipal Code.

Effective on: 7/1/2014

Retail Marijuana Products means “marijuana products” as defined in section 16 (2)(k) of article XVIII of the state constitution that are produced at a retail marijuana products manufacturer.

Effective on: 7/1/2014

Retail Marijuana Store means an entity licensed pursuant to the Municipal Code to operate a Retail Marijuana Establishment as described in C. R. S. § 12-43.4-402. 

Effective on: 7/1/2014

Retail Marijuana Testing Facility means a “Marijuana Testing Facility” as defined in Article XVIII, Section 16 of the Colorado Constitution and licensed pursuant to the Municipal Code and C.R.S §12-43.4-405

Effective on: 7/1/2014

Retaining Wall means a man-made barrier constructed for the purpose of stabilizing soil, retarding erosion, or tracing a parcel or site.

Effective on: 7/1/2014

Revegetation means the process of replanting and rebuilding the soil of disturbed land

Effective on: 1/1/2026

Reverse Vending Machine means a device that accepts used (empty) recyclable glass, plastic, and / or metal beverage containers, and returns money to the user (the reverse of the typical vending cycle).

Effective on: 7/1/2014

Ridgeline means, for the purposes of the Hillside Protection Ordinance, a location that meets one or more of the following criteria:

1. A highpoint along a ridge
2. The top of a hill or topographical prominence
3. The Durango Parks, Open Space, Trails and Recreation Master Plan identifies the following areas as worthy of preservation in their natural states, and are thus included by reference as a part of the Hillside Protection Ordinance:
   1. Scenic Mountain Backdrop
   2. Steep Slopes and Hazardous Landscapes

Effective on: 7/1/2014

Right-of-Way means land held, owned or otherwise controlled by the City for the specific but not exclusive purpose of vehicular, pedestrian, and bicycle usage and/or other forms of transportation, as well as the installation and maintenance of utilities,  whether or not such transportation use or utilities are actually or presently undertaken on such land. Right-of-way may be granted by a property owner, usually in the form of a dedication for public use, or a strip or strips of land, title to which rests in the public for the purpose stated in the dedication.

Effective on: 7/1/2014

Roof, Flat means a roof system with a pitch of less than one foot of vertical rise per 12 feet of horizontal run. Flat roof systems are usually enclosed by parapet walls.

Effective on: 7/1/2014

Roof, Gabled means a pitched roof system that slopes on two sides, forming a ridge at the top and a gable at each exposed end. See Illustration: Gabled Roof, below.

Illustration: Gabled Roof

Effective on: 7/1/2014

Roof, Gambrel means means a roof that is a modification of the gable roof in that the planes of the roof are broken into sections. The upper sections slope gradually from the ridge, while the lower sections drop off sharply. See Illustration: Gambrel Roof, below.

Illustration: Gabled Roof

Effective on: 7/1/2014

Roof, Hipped means a pitched roof system that slopes on all sides, with the two longer sides forming a ridge at the top of the roof. See Illustration: Hipped Roof, below.

Illustration: Hipped Roof

Effective on: 7/1/2014

Roof, Shed means a roof that is a simple pitched roof, having only one slope.  See illustration: Shed Roof, below.

Illustration: Shed Roof

Effective on: 7/1/2014

Rooftop Commercial Use means the use of any part of a building's rooftop as an area for the conduct of a commercial, recreation, or amusement use, as enumerated in Section 2-1-3-5, Commercial, Recreation, and Amusement Use / Zone Matrix. The phrase is intended to include activities that involves the presence of patrons of the business on the roof, and does not include rooftop gardens, green roofs, photovoltaic panels, mechanical equipment, and comparable beneficial uses of rooftops which do not materially impact the privacy and quiet enjoyment of neighboring properties.

Effective on: 7/1/2014

Safehouse means a primary residence that provides comprehensive residential support services and counseling to eight or fewer adults of the same sex, and their children, who require confidentiality of location for protective reasons.

Effective on: 12/4/2024

Salvage Yard means any establishment that is maintained, used, or operated for storing, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. Salvage yards are also referred to by Colorado law as "automobile graveyards." See C.R.S. § 43-1-502.

Effective on: 7/1/2014

Sanitary Sewer Plant means a facility designed for the treatment of sewage that serves at least three buildings or dwelling units. The phrase sanitary sewer plant also includes advanced ecologically engineered wastewater treatment systems.

Effective on: 7/1/2014

School (Marijuana Regulations) means a public or private licensed preschool, a public or private or charter elementary, middle, junior high or high school, vocational school, secondary school, community college  or other institution of higher learning.

Effective on: 12/4/2024

School (Natural Medicine Regulations) means a public or private licensed preschool, a public or private or charter elementary, middle, junior high or high school, vocational school, secondary school, community college or other institution of higher learning.

Effective on: 12/4/2024

School, Boarding means an elementary, middle, and / or high school at which some or all of the pupils receive board and lodging during the school term.

Effective on: 7/1/2014

School, Middle means a school that provides general full-time educational curriculum for grades six through eight.

Effective on: 7/1/2014

School, High means a school that provides general full-time educational curriculum for grades nine through 12.

Effective on: 7/1/2014

School, Pre-School or Elementary means either:

1. A facility which provides daily care with educational services for children not yet attending elementary school (i.e., Kindergarten); or
2. A school that provides general full-time educational curriculum for grades one through five, and which may include a kindergarten.

Effective on: 7/1/2014

Score Line means a routed channel or groove in a masonry building finish that interrupts or decorates the surface plane. See Illustration: Score Line, below.

Illustration:Score Line

Effective on: 7/1/2014

Semi-Nude means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel, provided the areola is not exposed in whole or in part.

Effective on: 7/1/2014

Security Fencing means a six-foot chain link fence that is topped by three strands of barbed wire, or the equivalent, with a gate that can be secured.

Effective on: 7/1/2014

Senior Congregate Care Housing means age restricted housing that has common shared facilities, including but not limited to shared kitchen, dining area and sitting area. One or more meals are prepared for the residents each day. Support services such as housekeeping and transportation may also be provided. There are several types of senior congregate care housing.

1. Multi-family housing. Independent studio or 1 bedroom living units are housed within a structure with the shared common facilities. Small kitchens are allowed in each unit.
2. Individual studio or 1 bedroom living units clustered on a single parcel with common shared facilities. Individual units can have a small kitchen in each unit.

Effective on: 4/30/2019

Services, Commercial means services that are typically associated with business support that serve walk-in customers, including such uses as:

1. Blueprinting and copy centers;
2. Commercial photography studios;
3. Computer service and business machine repair;
4. Employment agencies; and
5. Parcel service drop-off locations and mailbox services.

Effective on: 7/1/2014

Services, Personal means non-medical services that:

1. Are typically provided to the general public without the requirement of an appointment or membership, such as:

   1. Social services, except those defined elsewhere in this LUDC;
   2. Repair services and shops, except automobile, truck, large appliance, and heavy equipment repair;
   3. Laundry and dry-cleaning services with customer pick-up and drop-off (does not include wholesale or centralized dry cleaner processing plants);
   4. Clothing, shoe, or luggage repair; and
   5. Tailoring; or
2. Are related to personal grooming or hygiene, such as nail salons, beauty and barber shops, skin care (except licensed dermatology), tanning salons, and day spas.

Effective on: 7/1/2014

Setback means:

1. With reference to the Oil and Gas Regulations, the distance between the following, including but not limited to, a wellhead, intermediate line, gathering line or major oil and gas facility structure boundary and the closest projection of a residential, commercial, or industrial building structure, a lot or property line, a permitted facility, or a platted building envelope in a platted subdivision.
2. In all other cases, the distance measured pursuant to Section 7-2-1-1, Setbacks.  See illustration below.

llustration: Setbacks

Effective on: 7/1/2014

Sexually-Oriented Business means a sexually-oriented theater / dancing establishment or a sexually-oriented retail establishment.

Effective on: 7/1/2014

Sexually-Oriented Theater / Dancing Establishment means any of the following uses:

1. Adult Arcade means any commercial establishment or private club where, for any form of consideration, one or more still or motion picture projectors, slide projectors, video displays, or similar machines, or other image producing machines, for viewing by five or fewer persons per machine at any one time, are used to regularly show films, motion pictures, digital images or video, video cassettes, slides, or other photographic reproductions or mechanically, electronically, chemically, or digitally reproduced visual materials characterized by an emphasis upon the depiction, display or exhibition of specified sexual activities or specified anatomical areas.
2. Adult Cabaret means a nightclub, bar, restaurant, concert hall, auditorium, or other commercial establishment or private club which regularly features or presents live adult entertainment.
3. Nude Model Studio means any place where a person who appears nude, semi-nude, or who otherwise displays specified anatomical areas, is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. The phrase "nude model studio" does not include a proprietary school licensed by the State of Colorado or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or a business in a structure:
   1. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and
   2. Where in order to participate in a class a student must enroll at least three days in advance of the class; and
   3. Where no more than one nude or semi-nude model is on the premises at any one time.
4. Adult Motel means a hotel, motel or similar commercial establishment which:
   1. Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, digital images or video, slides, or other photographic reproductions or mechanically, electronically, chemically, or digitally reproduced visual materials which are characterized by an emphasis upon the depiction, display or exhibition of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproduction; or
   2. Offers a sleeping room for rent for a period of time that is less than 10 hours; or
   3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.
5. Adult Motion Picture Theater means a commercial establishment or private club, where for any form of consideration, films, digital images or video, motion pictures, video cassettes, slides or similar photographic reproductions or mechanically, electronically, chemically, or digitally reproduced visual materials are regularly shown characterized by an emphasis upon the depiction, display or exhibition of specified sexual activities or specified anatomical areas. An establishment meeting the definition of an adult arcade, above, is not an adult motion picture theater.
6. Adult Theater means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear nude or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.
7. Sexual Encounter Center means a business or commercial establishment or private club that offers, for the purpose of sexual arousal, pleasure, gratification, or abuse, for any form of consideration, a place where two or more persons may congregate, associate, or consort and observe, view, participate, or engage in specified sexual activities or expose specified anatomical areas.

Effective on: 7/1/2014

Sexually-Oriented Retail Establishment means a commercial establishment that:

1. Devotes a significant or substantial portion of its business to any one or more of the following:
   1. The sale, rental or viewing, for any form of consideration, of books, magazines, periodicals or other printed matter or photographs, films, motion pictures, digital video, video cassettes, slides or other photographic reproductions or mechanically, electronically, chemically, or digitally reproduced visual materials which are characterized by an emphasis upon the depiction, display or exhibition of specified sexual activities or specified anatomical areas;
   2. The sale or rental of instruments, devices, or paraphernalia which are designed for use or marketed primarily for engaging in specified sexual activities; or
2. Is characterized by a one or more of the following:
   1. A significant or substantial portion of its stock in trade consists of the items listed in items 1.a. and / or 1.b., above; or
   2. A significant or substantial portion of its revenues is derived from the rental or sale of items listed in items 1.a. and / or 1.b., above; or
   3. A significant or substantial portion of its floor space, shelf space or storage space is devoted to the items listed in items 1.a. and / or 1.b., above; or
   4. A significant or substantial portion of its advertising is devoted to the items listed in items 1.a. and / or 1.b., above.

Effective on: 7/1/2014

Shelter means a facility providing a living environment for nine or more adults or children, including, but not limited to, group foster care homes; shelters for abused children or adults; or homeless persons who need temporary housing. The definition of "shelter" does not include the term "safehouse."

Effective on: 7/1/2014

Shopping Center means a group of two or more commercial retail or other commercial establishments (e.g., restaurants, personal services, indoor recreation), which are planned and managed as a single property, with off-street parking provided on-site and loading and service areas that are separated from customer access. This definition includes multi-tenant commercial buildings. 

Effective on: 10/22/2025

Short-Term Room Rental means rental of a single bedroom for less than 30 days.

Effective on: 11/16/2016

Sign means any written copy, display, illustration, insignia, or illimination used to communicate a message or idea which is displayed or placed in view of the general public, and shall include every detached sign and every sign attached to or forming a component part of any marquee, canopy, awning, pole, vehicle or other object, whether stationary or movable.

Effective on: 4/2/2019

Sign, abandoned means any sign which is vacant of copy or advertising symbols for more than thirty (30) days.

Effective on: 4/2/2019

Sign, animated means any sign which uses movement or change of lighting to depict action or to create a special effect or scene. Such motion does not refer to transition methods or duration of change of copy.

Effective on: 4/2/2019

Sign, awning means a sign permanently affixed to a sheet of canvas or other material stretched on a frame and used to keep the sun or rain off a storefront, window, doorway, or deck.

Effective on: 4/2/2019

Sign, canopy means a sign permanently affixed to a roofed shelter covering a sidewalk, driveway or other similar area, which may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extended from the ground.

Effective on: 4/2/2019

Sign, changeable copy sign (automatic) means a sign on which the copy changes electronically or mechanically by remote or automatic means. An automatic changeable copy sign is also known as an electronic message center.

Effective on: 4/2/2019

Sign, changeable copy (manual) means a sign on which copy is changed manually.

Effective on: 4/2/2019

Sign, directional means any sign on a lot that directs the movement or placement of pedestrian or vehicular traffic with or without reference to, or inclusion of, the name of a product sold or service performed on the lot or in a building, structure or business enterprise occupying the same.

Effective on: 4/2/2019

Sign, display means a sign either 1) mounted on a building wall oriented to pedestrians, or 2) a monument sign oriented to occupants of a vehicle in a drive aisle.

Effective on: 4/2/2019

Sign, flashing means a sign which contains an intermittent or sequential flashing light source used primarily to attract attention.

Effective on: 4/2/2019

Sign, freestanding pole means any sign supported by structures or supports that are placed on or anchored in the ground and which is not supported by, or integrated into, a base or pedestal at least seventy five percent (75%) of the sign width.

Effective on: 4/2/2019

Sign, historic means any sign at least thirty (30) years old that is recognized for its historic contribution to the community by the City Community Development Department and/or the City Historic Preservation Board.

Effective on: 2/1/2024

Sign, home occupation means a sign identifying a use conducted principally within a dwelling unit and carried on by the inhabitants thereof.

Effective on: 4/2/2019

Sign, illuminated means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

Effective on: 4/2/2019

Sign, incidental means a small sign affixed to a building or structure, machine, equipment, fence, gate, wall, gasoline pump, public telephone, or utility cabinet.

Effective on: 4/2/2019

Sign, inflatable means a balloon, blimp or other inflated object used for attracting attention.

Effective on: 4/2/2019

Sign, integral means a sign carved into stone, concrete, or similar material, or made of metal, bronze, aluminum, or other permanent material and integrated into the initial construction of a building.

Effective on: 4/2/2019

Sign, marquee means any sign made a part of marquee.

Effective on: 4/2/2019

Sign, monument means a permanent freestanding sign supported by, or integrated into, a base or pedestal at least seventy five percent (75%) of the sign face width. If the sign base does not come to the bottom edge of the sign face, at least two supports must extend from the sign base to the sign face. A design with a single pole from the sign base to the sign face is not allowed.

Effective on: 12/3/2019

Sign, neon means a sign consisting of glass tubing, bent to form letters, symbols, or other shapes and illuminated by neon or a similar gas through which an electrical voltage is discharged.

Effective on: 4/2/2019

Sign, nonconforming means a sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations.

Effective on: 4/2/2019

Sign, off-premise means any sign normally used for promoting an interest other than that of a business, individual, products, or service available on the premises where the sign is located.

Effective on: 4/2/2019

Sign, permanent means any sign constructed of durable materials and affixed, lettered, attached to or placed upon a fixed, non-movable, non-portable supporting structure.

Effective on: 4/2/2019

Sign, portable means a moveable sign that is not permanently affixed to a building, structure, or the ground. Portable signs include signs mounted on trailers, wheeled carriers, or frames that are designed to be placed onto a surface without being secured to it.

Effective on: 4/2/2019

Sign, projecting means a sign which is attached perpendicular to the wall of a building or structure.

Effective on: 4/2/2019

Sign, roof means a sign on a parapet or a roof of a building or structure.

Effective on: 4/2/2019

Sign, rotating means a sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to transition methods or duration of changing copy.

Effective on: 4/2/2019

Sign, small portable means a type of portable sign that is intended to be placed on a hard surface, most commonly a sidewalk. These signs include A-frame signs, signs that are suspended from the top member of an A-frame, signs with weighted bases, and comparable signs.

Effective on: 4/2/2019

Sign, site means a temporary freestanding sign constructed of vinyl, plastic, wood or metal and designed or intended to be displayed for a limited period of time on a vacant lot or a lot under construction.

Effective on: 4/2/2019

Sign, swing means a sign that is suspended from a horizontal support (a swing post) that is attached to a vertical support mounted in the ground. A swing sign may also include riders.

Effective on: 4/2/2019

Sign, temporary means any sign which based upon is materials, location and/or means of construction, e.g., light fabric, cardboard, wallboard, plywood, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time.

Effective on: 4/2/2019

Sign, traffic control means a sign erected in a public right-of way by an authorized governmental agency for the purposes of traffic regulation and safety.

Effective on: 4/2/2019

Sign, vehicle means a sign painted on or attached to a motor vehicle.

Effective on: 4/2/2019

Sign, wall means any sign painted on or affixed to the wall of a building or structure, or any sign consisting of cut-out letters or devices affixed to a wall with no background defined on the wall in such a manner that the wall forms the background surface of the sign.

Effective on: 4/2/2019

Sign, wayfinding means a sign authorized by a governmental body for placement in the public right-of-way that is designed to orient and navigate the general public from place to place.

Effective on: 4/2/2019

Sign, window means a sign which is applied or attached to either the interior or exterior of a window and intended to be viewed from outside the building or structure.

Effective on: 4/2/2019

Sign, yard means a temporary portable sign constructed of paper, vinyl, plastic, wood, metal or other comparable material, and designed or intended to be displayed for a limited period of time on a lot with one or more existing permanent structures.

Effective on: 4/2/2019

Sign face means an exterior display surface of a sign including nonstructural trim, yet exclusive of the supporting structure.

Effective on: 4/2/2019

Sign structure means any structure designed for the support of a sign.

Effective on: 4/2/2019

Significant Natural Features means areas in Durango that have been identified in the Parks, Open Space, Trails and Recreation Master Plan as being worthy of preservation and protection. These areas include means visually prominent geographical and/or biological features and landscapes including rivers, creeks and other water bodies, riparian and wetland areas, mountains, cliffs, canyons, forested areas, unique or threatened vegetation and urban / wildland interface areas.

Effective on: 7/1/2014

Site means:

1. With reference to the Oil and Gas Regulations, any lands, including the surface of a severed mineral estate, on which exploration for, or extraction and removal of oil or gas is authorized under a lease.
2. For all other purposes, the area within the property lines of a lot or parcel proposed for development.

Effective on: 7/1/2014

Site Specific Development Plan means a site plan which creates vested development rights. A site plan becomes a "site specific development plan" only when a particular application process, as set forth in this LUDC, references that an approval and submittal of a site specific development plan upon approval of that plan is vested.

Effective on: 7/1/2014

Skyline with respect to the Hillside Protection Ordinance, means a ridgeline or hilltop area where buildings or structures are silhouetted as viewed from below.                                                    

Effective on: 7/1/2014

Slaughterhouse means a building or structure for the confinement and slaughtering of live animals. Slaughterhouse may include preliminary processing of meat for distribution to meat packing or processing uses, grocery stores, restaurants, or butcher shops, as well as distribution of waste products to rendering plants. However, the word "slaughterhouse" does not include the phrases "rendering plant" or "packing or processing, meat."

Effective on: 7/1/2014

Small Cell Telecommunications Facility means a facility, excluding a satellite television dish antenna, established for the purpose of providing wireless voice, data and/or image transmission within a designated service area. A small cell telecommunications facility must not be staffed, and consists of one or more antennas attached to a support structure.

An antenna or wireless antenna base station which provides wireless voice, data and image transmission within a designated service area as part of a small cell telecommunications facility may consist of a low-powered access node with no more than five watts of transmitter output power per antenna channel, and may not be larger than a maximum height of three (3) feet and a maximum width of two (2) feet. A small cell telecommunications antenna may be installed on existing rooftops, structures or support structures where permitted. A small cell telecommunications facility also consists of related equipment which may be located within a building, an equipment cabinet outside a building, an equipment cabinet on a rooftop, or an equipment room within a building.

Effective on: 4/30/2019

Small Power Production Facility means a facility for generation of up to 80 MW of power using biomass, waste, renewable resources (e.g., solar and wind), geothermal resources, or any combination thereof for 75 percent or more of the total energy input. See 18 C.F.R. § 292.101, et seq. and 4 C.C.R. § 723-3-3900 et seq. The phrase "small power production facility" does not include the installation of renewable energy systems which are designed to provide not more than 120 percent of the power demands of the property on which the systems are located.

Effective on: 7/1/2014

Solar Compost Digester means an organic waste disposal container that is installed into the ground, in which the natural decomposition of organic material is accelerated. Solar compost digesters are different from composting equipment in that they convert organic waste to water, carbon dioxide, and a small amount of residue.

Effective on: 7/1/2014

Soldier Course means a decorative arrangement of vertical bricks with their narrow faces showing on the wall surface. See Illustration: Soldier Course, below.

Illustration: Soldier Course

Effective on: 7/1/2014

Special Flood Hazard Area (Floodplain Management Regulations) means the land in the floodplain within the City of Durango subject to a one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.

Effective on: 7/1/2014

Specified Anatomical Areas means and includes any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Effective on: 7/1/2014

Specified Sexual Activities means and includes any of the following:

1. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. Sex acts, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy;
3. Flagellation, mutilation or torture for purposes of sexual arousal, gratification, pleasure, or abuse;
4. Human genitals in a state of sexual stimulation, arousal, or tumescence; or
5. Excretory functions as part of or in connection with any of the activities set forth in list items 1 through 4 of this definition.

Effective on: 7/1/2014

Standard Operating Practices means criteria developed by the county for the protection of wildlife resources in the county during oil and gas development activities. Standard operating practices may be referred to herein as "SOPs."

Effective on: 7/1/2014

Start of Construction (Floodplain Management Regulations) means the date the building permit was issued, including substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Effective on: 7/1/2014

Effective on: 12/4/2024

State Licensing Authority (Natural Medicine Regulations) means the authority created for the purpose of regulating and controlling the licensing of cultivation, manufacturing, testing, storing, distribution, transportation, transfer, and dispensation of regulated natural medicine and regulated natural medicine product in this state pursuant to applicable Colorado Natural Medicine Code.

Effective on: 12/4/2024

Steradian ("sr") means the solid angle subtended at the center of a unit sphere by a unit area on its surface. For a general sphere of radius r, any portion of its surface with area A = r2 subtends one steradian. Note that, because the surface area of a sphere is 4πr², a sphere measures 4π, or approximately 12.56637 steradians. Accordingly, the maximum solid angle that can be subtended at any point is 4π sr.

Effective on: 7/1/2014

Storage Yard means outdoor storage of operable equipment and building or infrastructure construction materials for off-site projects or right-of-way maintenance.

Effective on: 7/1/2014

Story (Stories) means any level part of a building that could be used by people (for living, work, storage, recreation, etc.).  For each story allowed, the plate height can be 10 feet. Therefore, the maximum wall plate height for a structure shall be determined by multiplying the number of stories allowed for the structure type by 10 feet.  

Effective on: 9/17/2014

Street, Private means a street that is not owned by a governmental entity. The phrase "private street" does not include any of the following:

1. A shared driveway that provides access to not more than three single-family detached residences.
2. The portion of a parking lot that is used for vehicular circulation, even if connections are provided to more than one street, provided that:
   1. The parking lot includes more than one aisle; or
   2. The parking lot includes only one aisle, but is not configured in a way that suggests that the space is intended to serve mobility and parking needs in a manner comparable to a public street (e.g., buildings fronting on both sides of the parking lot, and parking spaces configured at 45 to 90 degree angles); or
3. Parking courts which provide vehicular access to 10 or fewer single-family attached dwelling units.

Effective on: 7/1/2014

Street Segment means a portion of a street which is located between two intersections, or between an intersection and the end of a cul-de-sac or dead-end. See Illustration: Illustrative Street Segments, below.

Illustration Illustrative Street Segments

Street segments are indicated in with blue lines on the illustrative parcel map shown below.

Effective on: 7/1/2014

Structure means:

1. With reference to the Floodplain Management Regulations, a walled and roofed building, including a gas or liquid storage tank, which is principally above ground, as well as a manufactured home.
2. For all other purposes, anything constructed or erected, the use of which requires either a permanent location on the ground, or attachment to something else having a permanent location on the ground. Structures include fences, signs, kiosks, or similar uses, and may include buildings where the context of the text so suggests.

Effective on: 7/1/2014

Substantial Damage (Floodplain Management Regulations) means damage of any origin sustained by a building or structure, whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 percent of the market value of the building or structure before the damage occurred.

Effective on: 7/1/2014

Substantial Improvement (Floodplain Management Regulations) means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "Start of Construction" of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred "Substantial Damage", regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or
2. Any alteration of a "historic structure” provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Effective on: 7/1/2014

Superelevation means a lateral tilt in the street that is constructed to help offset centripetal forces developed as a vehicle goes around a curve.

Effective on: 7/1/2014

Tandem Parking Space means a parking arrangement in which one space (the tandem parking space) is accessible only by passing through another parking space (the standard space). See Illustration: Tandem Parking Space, below.  A tandem space may only be blocked by a single garage door, not multiple garage doors or a gate.

Illustration: Tandem Parking Space

Effective on: 7/1/2014

Taxi or Bus Station means a facility that offers ground transportation in buses, passenger automobiles, or vans to persons for a fare or as a public service. The site of a taxi or bus station may include facilities for servicing and fueling the buses, taxicabs, or vans.

Effective on: 7/1/2014

Telecommunications Hotel / Server Farm means a facility used by telecommunications carriers, internet access providers, or internet service providers, in which equipment for telecommunications and data processing use (e.g., rack-mounted servers, data storage devices, switches, routers, and other comparable technology infrastructure) is concentrated and physically secured. Equipment in a telecommunications hotel or server farm may be owned or operated by more than one entity.

Effective on: 7/1/2014

Telephone Exchange means a building that is used exclusively for the transmission and exchange of telephone signals. The phrase "telephone exchange" does not include the phrase "wireless telecommunications facility."

Effective on: 7/1/2014

Temporary Lighting means lighting intended for uses which by their nature are of limited duration, for example holiday decorations, civic events, or construction projects.

Effective on: 12/4/2024

Temporary Use means a use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time.

Effective on: 7/1/2014

Temporary Use Area means, with reference to the Oil and Gas Regulations, disturbed lands immediately adjacent to the well pad or right-of-way used by an operator during the construction or maintenance of a well, pipeline or other facility that will be reclaimed for permanent operations.

Effective on: 7/1/2014

Threshold Planning Quantity ("TPQ") (Floodplain Management Regulations) means a quantity designated for each chemical on the list of extremely hazardous substances that triggers notification by facilities to the State that such facilities are subject to emergency planning requirements.

Effective on: 7/1/2014

Timeshare / Fractional Ownership means a dwelling unit that is subject to or operates under any arrangement, plan, or design whereby occupancy rights to the dwelling unit are segmented over time (usually, but not necessarily, in one-week periods), and the rights of occupancy by owners, lessees or holders (regardless of the form of ownership or the form in which the right to occupy is expressed) are recurring, either on a fixed schedule or a floating schedule, such that in any one year a change or turnover of occupancy may occur six or more times.

Effective on: 7/1/2014

Top Plate means the top horizontal member of a building frame to which rafters or trusses are fastened.

Effective on: 7/1/2014

Tours (Bus, Trolley, Van, or Walking) and River Guide / Watercraft Rental means:

1. Tours (Bus, Trolley, or Van) means any business organization or individual which offers bus, trolley, or van tours or trips originating within the City for compensation;
2. River Guide / Watercraft Rental means any business organization or individual which offers either guided trips on a river (in a raft or other watercraft), and / or offers rafts or other watercraft for rent.

Effective on: 7/1/2014

Townhouse means a single-family attached dwelling unit, with a single unit going from ground to roof and with individual outside access.

Illustration: Townhouse

Effective on: 7/1/2014

Trade Secret means any confidential formula, pattern, process, device, information or compilation of information that is used by an owner, operator or vendor, and that gives the owner, operator or vendor an opportunity to obtain an advantage over competitors who do not know or use it.

Effective on: 7/1/2014

Trade Secret Chemical Product shall mean a chemical product the composition of which is a trade secret.

Effective on: 7/1/2014

Transient Residential means commercial lodging in a commercial zone district, such as a hotel, or commercially operated housing principally available to short-term visitors for the less than thirty days.

Effective on: 7/1/2014

Transmission Line means a pipeline that transports oil, natural gas, or any other products derived from oil and gas production, which is defined as a transmission line by the U.S. Department of Transportation regulations under the Natural Gas Pipeline Safety Act of 1968, as amended.

Effective on: 7/1/2014

Transportation Demand Management ("TDM") Program means programs, plans, and/or improvements designed to change individual travel behavior to encourage greater use of alternative modes of transportation, reduce single-occupancy vehicles, and reduce parking demand. Such programs typically include (but are not limited to) one or more of the following elements: 

1. Vanpools, shuttles, and / or ride-share programs;
2. Compressed work weeks, flex-time, and / or staggered work hours;
3. Free or subsidized public transit passes;
4. Incentive programs for walking or bicycling to work;
5. Shower and locker facilities for pedestrian and bicycle commuters; and
6. Telecommuting.

Effective on: 7/1/2014

Tree Inventory A tree Inventory 

Effective on: 7/1/2014

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Effective on: 7/1/2014

Truck Stop means an establishment that is engaged primarily in the fueling, servicing, repair, or parking of tractor trucks or similar heavy commercial vehicles, and which may include the sale of accessories and equipment for such vehicles. As accessory uses, a truck stop may also include overnight accommodations, showers, or restaurant facilities primarily for the use of truck crews.

Effective on: 7/1/2014

Understory means the landscape elements beneath the main canopy of trees

Effective on: 1/1/2026

Unshielded Fixture means a fixture which, as designed or installed, emits all or part of the light above the lowest part of the light source.

Effective on: 12/4/2024

Uplight means light which is cast above a luminaire (above 90 degrees, in the UL and UH zones). See BUG Rating for illustration of zones.

Effective on: 7/1/2014

Upset, with reference to Stormwater regulations, means an exceptional incident in which there is unintentional and temporary noncompliance with permit discharge limitations because of factors beyond the reasonable control of the permittee.  An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.

Effective on: 7/1/2014

Urban Services and Facilities means those public services and public facilities defined by an intensity historically and typically provided in cities. Urban services include:

1. Sanitary sewer systems;
2. Storm drainage systems;
3. Domestic water systems;
4. Street cleaning services;
5. Fire and police protection services;
6. Public transit services; and
7. Other public utilities associated with urban areas and normally not associated with rural areas.

Effective on: 7/1/2014

Urgent Care is an establishment that provides unscheduled, ambulatory walk-in care outside of a hospital emergency room.

Effective on: 7/1/2014

Vacation Rental Home or Vacation Rental means:

1. A dwelling unit that is rented for the purpose of lodging for terms of not less than one day and not more than 29 days.

Effective on: 9/17/2014

Variance means a grant of relief to a person from the requirements of this LUDC when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development (but not use) in a manner otherwise prohibited by this LUDC.

1. With reference to Floodplain Management Regulations, for full requirements, see Section 60.6 of the National Flood Insurance Program regulations.

Effective on: 7/1/2014

Vehicle Sales, Rental, and Service means uses that sell, rent and perform service on automobiles, light trucks, motorcycles, snowmobiles, and all-terrain vehicles, where the inventory is stored for any length of time on-site. The phrase does not include auto body (e.g., collision repair), paint or upholstery services.

Effective on: 7/1/2014

Vehicle Wash means any area or business using self-service, in-bay automatic, or conveyor equipment for cleaning and washing motor vehicles, whether as a part of another business operation (e.g., as an accessory use to light automobile service / fueling station or vehicle sales, rental, and service), or as a stand alone operation, of any type, on a commercial basis. The definition includes fleet and municipal in-bay automatic and conveyor vehicle wash facilities.

Effective on: 7/1/2014

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

Effective on: 7/1/2014

Veterinarian, Small Animal (Dogs, Cats, Exotic Pets) means a use in which medical care is provided for household pets. The phrase does not include medical care for wild animals or livestock.

Effective on: 7/1/2014

Veterinarian (Large Animal / Livestock) means an animal hospital or clinic that provides medical care services for large or livestock animals, including but not limited to: horses, cows, bison, elk, deer, llamas, alpacas, sheep, goats, chickens, turkeys, ducks, and pigs.

Effective on: 7/1/2014

Violation means:

1. With reference to the Floodplain Management Regulations, the failure of a structure or other development to be fully compliant with the City of Durango's Floodplain Management Regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required therein is presumed to be in violation until such time as that documentation is provided.
2. In all other cases, a failure to comply with the applicable provisions of this LUDC or any conditions of an approval issued hereunder. Nonconformities and development according to the terms of a variance are not considered violations.

Effective on: 7/1/2014

Vocational School means an educational facility that primarily teaches skills that directly prepare students for jobs in a trade or profession. Examples include, but are not limited to, art schools, business colleges, trade schools, and secretarial colleges.

Effective on: 7/1/2014

Warehousing / Distribution means a facility where goods are received from heavy trucks and then stored for subsequent delivery to off-site wholesalers, retailers, or consumers.

Effective on: 7/1/2014

Waste Transfer Station means the use of land or a facility, regardless of name or title, to unload solid waste from vehicles, and, with or without intermediate processing such as compaction, sorting, or shredding, subsequently re-load the waste onto other vehicles for delivery to another transfer site, storage site, or disposal site. In addition to transferring solid waste, a waste transfer station may also include facilities for drop-off of recyclable materials (e.g., waste paper, motor oil, scrap metal, polystyrene foam, porcelain, batteries, electronic components, textiles, plastics, discarded shoes, cardboard, and other discarded household materials), where the materials are sorted, temporarily stored, and then shipped in bulk to other locations for processing.

Effective on: 7/1/2014

Water Dependent Use means a use that must physically be located in, on, over, or adjacent to water in order to conduct its primary purpose and which, therefore, cannot be located away from the water. Examples of water dependent uses include, but are not limited to, fishing, public waterfront recreation (e.g., public parks or walkways promoting public use and enjoyment of the water), boat launches, and scientific / educational activities which by their nature require access to water.

Effective on: 7/1/2014

Water Pump Station means, with reference to the Oil and Gas Regulations, a facility that receives produced water via gathering lines for the purpose of lowering gathering line water pressure.

Effective on: 7/1/2014

Water Surface Elevation (Floodplain Management Regulations) means the height, in relation to the North American Vertical Datum ("NAVD") of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Effective on: 7/1/2014

Water Transfer Station means a facility that receives produced water via surface transportation from one or more well pad locations.

Effective on: 7/1/2014

Wellhead means, with reference to the Oil and Gas Regulations, the equipment that is attached to the casing of an oil, gas, or injection well above the surface of the ground.

Effective on: 7/1/2014

Well Pad means, with reference to the Oil and Gas Regulations, the area in which permanent operations for oil and gas production take place. The well pad always includes, at a minimum, that portion of the pad area occupied within the drilling rig anchors. Well pads may contain one or more wellheads and associated equipment.

Effective on: 7/1/2014

Wholesale means an establishment that is primarily engaged in selling and / or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers. The term "wholesale" does not include wholesale membership clubs that offer memberships to the general public.

Effective on: 7/1/2014

Wildfire Hazard Areas means certain areas identified on official maps maintained by the State of Colorado Wildfire Resiliency Code Board.

Effective on: 3/31/2026

Wildland-Urban Interface means that geographical area where structures and other human development meets or intermingles with wildland or vegetative fuels

Effective on: 3/31/2026

Wildland-Urban Interface Area means property designated by the State of Colorado on the Colorado Wildfire Resiliency Code Map as having a fire intensity classification of Class 1 or Class 2.

Effective on: 3/31/2026

Wildlife of Interest means plants and animals that are listed in any of the following documents or databases:

1. Colorado's Comprehensive Wildlife Conservation Strategy and Wildlife Action Plans (available from CDOW), as a Species of Greatest Conservation Need.

2. The State of Colorado threatened and endangered list.

3. The State of Colorado species of special concern list.

4. Colorado big game animals 

5. The United States threatened and endangered list.

6. Candidates for the United States threatened or endangered list.

Effective on: 7/1/2014

Wireless Telecommunications Facilities means radio or television broadcasting towers, telecommunications towers, and antenna / satellite dish arrays (free-standing or tower mounted). The phrase does not include residential satellite dishes, TV or HDTV antennae, or amateur radio antennae.

Effective on: 7/1/2014

Work-Live Unit means a building or portion of a building that is used as a workspace and a dwelling unit that is principally used by one or more of the employees of the workspace, where the residential use of the space is secondary or accessory to the primary use as a place of work.

Effective on: 3/2/2016

Works of art means a sculpture, painting, graphic or other type of art that does not advertise or promote a particular business, service or product.

Effective on: 4/2/2019

Yard, Front means an area that extends across the full width of the lot between the front lot line and the required front setback line.

Effective on: 7/1/2014

Yard, Interior Side means a yard that extends from the front setback line to the rear setback line, between the interior side lot line and the interior side setback line.

Effective on: 7/1/2014

Yard, Rear means a yard extending the full width of the lot between the rear lot line and the rear setback line.  For a corner lot, the rear yard does not extend beyond the side street setback line.

Effective on: 7/1/2014

Yard, Side means a yard between the principal building and the side line of the lot, extending from the front yard to the rear yard.

Effective on: 7/1/2014

Yard, Corner Lot Side means a yard extending from the front setback line to the rear lot line located between the corner lot street line and the corner lot street setback line.

Effective on: 7/1/2014

Zoo means a place where live animals are kept and exhibited to the public. The animals may also be studied, given medical treatment, and bred. The term "zoo" does not include uses that sell live animals.

Effective on: 7/1/2014