This Section provides descriptions of uses of land and buildings associated with Table 4-2 Allowed Uses. It is organized by categories and types of uses. Categories are general groupings of uses with similar characteristics, and types based on common physical or operational characteristics, with some types including more specific types based on the scale or typical format. Where a proposed use is not generally listed or appears to meet the description of more than one use type, the Director shall interpret the most equivalent described use category and/or type, considering:

1.

The similarity of the use in terms of scale, impact, and operations to other described uses;

2.

The typical building format and site design associated with the use from existing examples; and

3.

The potential contribution of the use, in its typical format and design, to the intent of the zoning district, and the ability to complement and be compatible with other permitted uses.

Any uses that may not be interpreted as equivalent to a use in Table 4-2 is not anticipated by these regulations and may only be allowed by an amendment to the development code.

A.

Residential Uses.

1.

Household Living. Residential occupancy of a dwelling unit by a household, with tenancy arranged on a monthly or longer basis. Household living occurs in a variety of types based on the scale and format of buildings and arrangement of dwelling units.

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One-unit Dwelling. A residential building designed for one principal dwelling unit. One-unit dwellings include variations based on the lot size to accommodate a detached house building type.

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Multi-unit Dwelling. A residential building designed for two or more principal dwelling units. Multi-unit dwellings include variations based on the building type and scale, including duplexes, multi-unit houses, row houses, or apartments.

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Live/Work Dwelling. A combination of residential commercial activity located in a dwelling unit or sharing the same building as a dwelling sharing a common wall or with direct access between the residential and commercial elements, and where each is intended as a principal use.

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Manufactured or Small Format Home Communities. A parcel of land planned and designed for multiple home sites for the placement of manufactured, mobile or other small homes, and used for the principal dwelling of households for long-term residency. These communities include internal common areas, circulation systems and accessory uses and facilities to support the community. Dwellings may either be located on home sites designated within a larger project or on single lots owned through appropriate condominium procedures or platted under certain conditions.

2.

Group Living. Residential occupancy of a structure by a group of people that do not meet the definition of a household, with tenancy arranged on a monthly or longer basis. Group living structures typically have a common eating area for residents, and they may receive some level of care, training, or services associated with their residency. Group living occurs in a variety of types based on the scale and format of buildings, arrangement of dwelling units, and the degree or intensity of associated services.

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Group Home—Small. The use of a residential building as a single primary dwelling which provides permanent residence, supervision, and other services for up to eight unrelated persons with intellectual and developmental disabilities, behavioral or mental health disorders as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons as defined by C.R.S. § 24-34-301 and such additional necessary persons employed in the care and supervision of such handicapped or disabled persons. "Handicap" and "disability" have the same legal meaning. Disabled shall not include more than one person required to register as a sex offender pursuant to C.R.S § 18-3-412.5, as amended. Residential group homes for disabled persons, particularly as they relate to recovering (not presently using) alcoholics and persons with drug addictions, are also included.

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Residential Care—Limited. A residential building or grouping or residential buildings where multiple dwellings are used as the permanent residence of individuals that require a limited level of assistance, medical care, therapy, or supervisions for daily living activities, or where shared social and recreational activities provide a common amenity for residents who are infirm or aged. Support services are accessory to the residential use and character of the buildings and area, and do not require 24-hour staffing, other than security. Typical examples include assisted living, co-housing, group homes larger than eight individuals or that otherwise do not meet the criteria for Group Home—Small, and retirement communities.

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Residential Care—General. A residential or institutional building, or group of buildings, designed to provide a primary or interim residence and health care for persons who require care on a full-time basis due to age or infirmity. Meals, medical support, rehabilitative services, social and recreational activities are provided on site with facilities and professional staff. Typical examples include nursing homes, long-term care facility, treatment centers, continuing care facility, congregate care communities, or hospices.

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Residential Care—Institutional. A residential or institutional building, or group of buildings, designed and operated to provide interim or temporary housing, 24 hour care, and supervision for residents of more than eight persons who are at risk or in need of special support services. Typical examples include halfway house, rehabilitative residence, protective housing, or shelters.

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Boarding House—General. A residential building occupied by the owner or a resident manager, with four or more tenant rooms where non-household members may share residency on a monthly or longer basis. The owner/resident manager and/or service staff may provide housekeeping, meals, or other management of shared living facilities as an accessory service to the dwelling. Typical examples include larger co-housing complexes, single-room occupancy buildings, dormitories, and fraternity or sorority houses.

B.

Public/Institutional Uses.

1.

Assembly. An institutional or civic use designed to serve the community for regular or periodic events, including worship, civic, social, recreation, or entertainment, and accessory uses associated with organized activities, including child care, concession services, education, and recreation events. They can be available to the public at large, by voluntary affiliation, or for private organizations limited by membership.

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Assembly—Neighborhood (<300 capacity and <one acre lot). A place of public assembly designed and located to serve immediately adjacent uses and nearby neighborhoods, or be accessory to other uses and typically designed for less than 300 people. All buildings and facilities are located on less than 1 acre. Examples include a small neighborhood association clubhouse or recreation center, common meeting rooms or meeting halls, or small religious facilities.

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Assembly—Community (300—600 occupants or one to five acres). Places of public assembly designed and located to serve community or civic needs of a broad vicinity and typically designed for 300—800 people. All buildings and facilities fit on a lot or are arranged in a small campus of between 1 and 5 acres. Examples include a community/recreation center, small event hall or large religious facility.

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Assembly—Hall/Auditorium (600+ occupants or five + acres). Places of public assembly designed and located to serve community or civic needs of the city or region and typically designed for more than 600 people. Buildings and facilities require large lots or campuses that are difficult to integrate into the surrounding block structure, are disruptive to connected development patterns, and require special siting and civic design considerations. Examples include an auditorium, large event hall, major worship hall or campus, or convention and conference center.

2.

Civic and Institutional Buildings. The use of land and buildings to serve public or community interest through government or non-profit agencies through cultural, social, or educational offerings, or for the administrative operations of organizations providing these services.

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Government and City. Facilities for the operation or services of local, state, or federal government, except that when located in residential areas they are directly related to serving the needs of the immediate area and require proximity to the service area. Examples include post offices, emergency response facilities (police, fire, and medical), transportation services, and administrative or operational offices and structures associated with a public service

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Library, public. A public facility for the use, but not sale, of literary, musical, artistic, or reference.

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Museum, cultural. A building having public significance because of its architecture or former use or occupancy; or serving as a repository for a collection of nature, scientific, or literary curiosities, or objects of interest, or works of art, and accessory sales related to the subject matter or activities on the site (i.e., museum gift shop small scale sit-down restaurants or cafes.

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School. Building or group of buildings designed to provide structured, seasonal or year-round education opportunities for the community. Schools are typically integrated into the surrounding context and development pattern as a civic amenity (whether single buildings or a campus), based on the scale of the facilities. Typical examples include elementary or secondary public or private schools, colleges and universities, or other special purpose or specific-need schools with a course of study and education environment similar to that of public schools.

3.

Park and Open Space. Any parcel or area of land or water unimproved with any residential, commercial, or industrial uses and dedicated or reserved for public and/or private use and enjoyment, or public lands managed by a public entity for the conservation or stewardship of resources. Specific uses and purposes include agricultural, recreational, educational, cultural, scenic or environmental purposes, and the land is characterized by open or natural landscape features.

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Athletic Field. Land, often requiring equipment, owned by a unit of government and designed for outdoor games and sports such as lacrosse, baseball, football, and soccer.

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Community garden A private or public facility for the cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or household.

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Park, Trail or Civic Space. A public, common, or private open areas designed and used for both active or passive recreation. (See EMC § 16-3-5 for specific designs and types.)

4.

Telecommunications. Facilities designed to transmit analog or digital voice or communications information between or among points using electromagnetic signals via antennas, microwave dishes, and similar structures. Supporting equipment includes buildings, shelters, cabinets, towers, electrical equipment, parking areas, and other accessory development. Specific types of facilities include:

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Alternative Tower Structure. Any man-made trees, clock towers, bell steeples, light poles, water towers, and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

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Antenna. Any transmitting and/or receiving device used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals, or other communications signals. "Antenna" includes whip antenna, microwave antenna, and sectorized panel antenna.

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Tower Structure. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like.

5.

Utility. A service use owned by a governmental entity or any entity defined as a public utility for any purpose by the state public utilities commission, and used in connection with the distribution, collection, or transmission of energy, water, sanitary sewerage, communication, or municipal services on a local level. All utilities may be further limited by site design and landscape standards of this Code, or more specifically regulated and permitted by licensing agencies, franchise agreements, or specific conditions and design requirements of any easement authorizing the location of facilities. For the purposes of this Title, utility facilities are further classified as follows:

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Minor Utility Facility. Small-scale facilities that provide utilities necessary to support development either within a specific sub-area of the city or the immediate vicinity of the facility. This use typically involves the construction or installation of only minor structures. Employees typically are not located at the site. Examples include electric transformer stations; gas regulator stations; telephone exchange buildings; well, water, and sewer pumping stations, power lines; storm drainage facilities; pump stations and hydrants; switching boxes; and other structures to serve adjacent properties. A minor utility facility may be either a principal or accessory use of land, but does not include accessory facilities serving the customary needs of uses, buildings, and land in the zoning district through required improvements in easements, rights-of-way, or private service lines.

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Major Utility Facility. Large-scale facilities typically serving utilities to the region, the entire City, or a significant sub-area of the City, which normally entails the construction of new buildings or structures, and that often have employees at the site. Major utility facilities have potential major impacts on an area or City by virtue of their appearance, noise, size, traffic generation, externalities, or other operational characteristics. Examples include water works, reservoirs, power or heating plants, energy/power transmission lines, power generating plants, and sewage or wastewater treatment plant.

C.

Commercial Uses.

1.

Adult Use. Principal or accessory uses for sale, rental, display or other offering of live entertainment, dancing or material which is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to "specified sexual activities" or "specified anatomical areas" as the primary attraction to the premises. Types of adult uses include:

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Adult Arcade. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas".

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Adult Bookstore. A place where books, magazines, motion pictures, videos, prints, photographs, periodicals, recordings, novelties and devices, or any of these things, which have as their primary or dominant theme, matter depicting, illustrating, describing or relating to specified sexual activities, are sold, rented or offered for sale to adults.

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Adult Cabaret. A nightclub, bar, restaurant, or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas".

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Adult Dancing Establishment. A business that features dancers displaying or exposing "specified anatomical areas".

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Adult Entertainment or Service Facility. An adult bookstore, adult motion picture booth, adult motion picture theater, adult dancing establishment, adult cabaret, or adult arcade.

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Adult Motion Picture Booth. An enclosed area within an adult motion picture theater designed or used for the viewing by one or two persons of motion pictures which have as their primary or dominant theme, matters depicting, illustrating or relating to "specified sexual activities".

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Adult Motion Picture Theater. An enclosed building, or a portion or part of an enclosed building, or an open-air theater designed to permit viewing by patrons seated in automobiles, used for presenting on a regular basis, film material which has as its primary or dominant theme, matters depicting, illustrating or relating to "specified sexual activities" for observation by adult patrons thereof, and includes any hotel or motel, boarding house, rooming house, or other lodging for transient customers.

2.

Animal Care/Sales. Commercial service and retail use that provide the sale, care, or boarding of domesticated animals that is further refined by the scale and intensity of the operations, as follows:

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Animal Care—Limited (<2K, no boarding). A small office or shop providing animal care or sales. The use involves less than 2,000 square feet of commercial area, and all activities occur indoors (except routine daily pet care). Examples include a veterinary office, small pet store, or small pet grooming or training.

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Animal Care—Small (2K—10K or limited boardings). An office or store providing animal care or sales, and where any overnight boarding is limited to that necessary for medical care or observation. The use involves less than 10,000 square feet of commercial space and limited outdoor activity areas necessary to accommodate the care animals. Examples include a veterinary clinic, large pet store, or large pet grooming or training.

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Animal Care—General (>10K or boarding). A large office or store providing animal care or sales, or any use offering routine daily care for animals, whether less than 24 hours or overnight boarding. The use involves more than 10,000 square feet of commercial space, or in the case of routine daily animal care involves any combination of indoor and outdoor space where multiple animals are cared for daily. Examples include a large pet store, large grooming or training facility, animal hospital, or any animal daycare, kennel, or boarding service.

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Animal Shelter—A facility used to house or contain stray, homeless, abandoned, or unwanted animals that may be owned, operated, or maintained by a for-profit or non-profit enterprise.

3.

Entertainment and Recreation. Commercial service uses engaged in the business of providing daily or regularly scheduled activities for entertainment, leisure, training and instruction, or recreation, offered to the public at large, through individual membership, or through group arrangements. This use type is further refined by the scale, format and intensity as follows:

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Entertainment and Recreation—Indoor/Limited (<10K). An indoor entertainment and recreation use that involves a building less than 10,000 square feet. Examples include a small bowling alley, billiard hall, a small theater, or dance or yoga studio.

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Entertainment and Recreation—Indoor/General (10K—20K). An indoor entertainment and recreation use that involves a building that is between 10,000 and 20,000 square feet or more. Examples include a small sports and recreation center, larger arcade or game center, or a moderate sized theater complex,

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Entertainment and Recreation—Indoor/Large (20K+ ). An indoor entertainment and use that involves a building that is 20,000 square feet or more. Examples include a large bowling alley, a sports and recreation center, a large theater or theater complex, or skating rink.

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Recreation/Entertainment—Outdoor, Any outdoor entertainment and recreation use, where a commercial business offers the grounds use of patrons. Examples include racquet club, miniature golf, driving range, golf course, batting cages, sports and athletic complex, or band shell or amphitheater.

4.

Food and Beverage Service. A specific service and retail use engaged in the business of serving prepared food and/or beverages to the public for immediate consumption. The serving of alcoholic beverages is accessory to this use but may be further regulated by business and liquor licenses. Whether the use includes drive-through facilities is regulated by the accessory use provisions and site design standards for the district and street. Food and Beverage Service are further refined by scale, format and intensity based on the following:

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Restaurant—Limited (<2K). A small-scale restaurant under 2,000 square feet of commercial area, located in a small or mixed-use building or sometimes associated with other uses, such as a cafe, lunch counter, walk-up window or similar small retail sales food outlet.

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Restaurant—General (2K+). A moderate or large-scale restaurant with over 2,000 square feet of commercial area, and typically includes separate kitchen dining facility, a large accessory bar and entertainment areas and accessory craft manufacturing or packaged retail sales of food and beverages.

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Restaurant—Take-out/Delivery Only. A restaurant without patron seating or a dining area, and where any on-site consumption is primarily geared to walk-up or drive-up business, or where the service is geared only to carry-out or delivery of food and beverages to be consumed off-site.

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Brew Pub. A retail establishment that manufactures not more than 74,000 gallons/2,400 barrels of malt liquor or fermented malt beverages on its licensed premises, each calendar year.

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Caterer. A service consisting of preparation and delivery of food and beverages for off-site consumption, without provision for on-site pickup or consumption.

5.

Lodging. Commercial uses providing accommodations for temporary overnight occupancy on a less than monthly basis, and accessory uses associated with typical guest services such as food service, recreation or similar accommodations to support overnight guests. Lodging is refined to the following scales based on building type, format, and intensity of use:

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Bed and Breakfast (up to five rooms). A small residential building used for commercial short-term lodging with shared living space between the operator as the primary occupant and the patrons. The use includes no more than five bedrooms or eight guests, and where meals may be offered to overnight guests for compensation.

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Hotel. A commercial building containing guest rooms used for commercial short-term lodging, and where no provision is made for cooking in any guest room.

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Hotel, Extended Stay. A specific type of visitor accommodation use. A commercial building containing guest rooms used for commercial short-term lodging, in which access to guest rooms is primarily through lobbies, courts or halls, and where provisions may be made for cooking in guest rooms.

6.

Recreational and Medical Marijuana and Natural Medicine Uses. Uses involved in the production, distribution, prescription, or sale of cannabis for treatment of medical conditions as defined in the Colorado Constitution Article XVIII, Section 14.

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Medical Marijuana Center. A person licensed pursuant to Article 11-104 of Title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S. that sells Medical Marijuana to registered patients or Primary Care-Givers as defined in Section 14 of Article XVIII of the State Constitution, but is not a Primary Care-Giver.

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Medical Marijuana Optional Premises Cultivation. A person licensed pursuant to Article 11 of Title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S.

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Medical Marijuana Infused Products Manufacturer. A person licensed pursuant to Article 11 of title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S.

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Natural Medicine Healing Center. A person licensed pursuant to Article 50 of Title 44 C.R.S to operate a business as described in Article 50 of Title 44 C.R.S.

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Natural Medicine Cultivation Facility. A person licensed pursuant to Article 50 of Title 44 C.R.S to operate a business as described in Article 50 of Title 44 C.R.S.

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Natural Medicine Products Manufacturer. A person licensed pursuant to Article 50 of Title 44 C.R.S to operate a business as described in Article 50 of Title 44 C.R.S.

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Natural Medicine Testing Facility. A person licensed pursuant to Article 50 of Title 44 C.R.S to operate a business as described in Article 50 of Title 44 C.R.S.

7.

Medical Service. Commercial services uses providing medical, dental, or physical health or wellness care to the public. This use type is further categorized by the following formats:

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Medical Service—Limited (<10K). A medical care use offering routine outpatient services, that occupies less than 10,000 square feet of diagnostic or treatment area, includes no surgical or in-patient facilities, and operates in normal business hours. Examples include a small doctor or dentist office, eye-care center, or urgent care center that is accessory to a larger retail or pharmacy use.

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Medical Service—General (10K—30K). A medical care use offering routine outpatient services, or provides diagnostic testing, laboratory services, and limited custom fabrication of medical supplies. The use occupies between 10,000 and 30,000 square feet for research, diagnostic, or treatment areas, includes no inpatient facilities, and operates in normal business hours. Examples include a larger doctor or dentist group practice, small clinic or analytical lab, or small outpatient urgent care or surgical center.

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Medical Care—Large (>30K). A medical care use offering a full range of services, that occupies more than 30,000 square feet for diagnostic or treatment areas, and may include emergency care, surgical services, or other inpatient treatment. The use may include accessory retail, food service, pharmacy or wellness/fitness uses. Examples include hospitals, large clinics or analytical labs, regional medical campuses or centers.

8.

Office. Commercial uses focused on employment and engaged in the administrative, technical, or management aspects of business or professional services that typically do not have frequent or unscheduled on premise interaction with the public or clients. Examples include accountants, lawyers, architects, engineers, insurance, or other professional or administrative services. Office uses are further refined by the scale and format of buildings based on the following:

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Office—Limited(<10K or <33% of mixed-use projects). An office use less than 10,000 square feet of commercial area, within a small building or occupying a portion of a mixed-use building or site with a floor area of all non-residential uses is less than 33% of other uses in the building or on the site.

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Office—General (10K—30K). An office use between 10,001 and 30,000 square feet of commercial area, typically within one moderate-sized building.

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Office—Large. (>30K). An office use with more than 30,000 square feet, typically within one large building or involving more than one building in a campus pattern.

9.

Personal Service. Commercial uses engaged in the business of providing personal or instructional services to the public that may include frequent or unscheduled interaction with clients or customers on-premises. Examples include a barbershop or beauty saloon, travel agency, fitness services, tailor, repair of household goods, print shop, delivery outlets, bank, or personal financial services. Personal service uses are further refined by scale, intensity and format based on the following:

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Personal Service—Limited (<2K or <33% of mixed-use projects). A personal service use less than 2,000 square feet of commercial area, within a small building or occupying a portion of a mixed-use building or site where all nonresidential uses have floor area less than 33% of other uses in the building or on the site.

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Personal Service—Small (2K—10K). A personal service use between 2,001 and 10,000 square feet of commercial area, located in a small building.

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Personal Service—General (10K—20K). An office use between 10,001 and 20,000 square feet of commercial area, typically within one moderate-sized building or part of a large mixed-use building.

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Personal Service—Large (>20K). A service use more than 20,000 square feet, typically in a large, freestanding building or part of a large mixed-use project

10.

Personal Service—Other. Personal service uses that either due to typical formats or due to the nature or scale of the operation, warrant locations or design considerations different than general personal service uses. Use types include:

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Crematorium. A service establishment containing properly installed, certified apparatus intended for, or used for, the act of cremation.

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Mortuary. A building used for the preparation of the deceased for burial and the display of the deceased, and ceremonies connected therewith before burial or cremation.

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Tattoo and Body Piercing. Any corporation, company, partnership, or individual that offers or performs tattooing or body piercing for any fee, charge, or remuneration of any kind. For the purposes of this Title, this does not include establishments performing ear piercing as an incidental service to the permitted principal use.

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Temporary Employment Business. Any person, firm, partnership, association or corporation that maintains a central location where day laborers assemble and are dispatched to work for a third-party user.

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Check Cashing Facility. An establishment that for compensation engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. Further, this classification does not include establishments selling consumer goods, including consumables, where the cashing of checks or money orders is incidental to the main purpose of the business.

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Studio (Radio/TV Recording, Film). A facility for broadcasting live or pre-recorded programs by radio and/or television; and/or recording on records, tapes, videotapes, or other suitable recording media. Such facility may perform activities necessary for recording programming and receiving of radio and/or television signals. Such facility shall not engage in production of consumer products.

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Dependent Care. A principal commercial use that provides care, protection, and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day, excluding schools, in-home care service operated accessory to an employment use, or other principal use.

11.

Retail. Commercial uses primarily engaged in the sale, lease, or rental of products to the general public with frequent interaction of patrons or consumers on premises. Retail uses are further refined by scale, intensity and format based on the following types:

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Retail—Limited (<2K or 33% of mixed-use buildings/projects). A small-scale retail use with under 2,000 square feet of commercial area, or a building where all nonresidential uses have floor area less than 33% of other uses in the building or on the site.

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Retail—Small (2K—10K). A retail use with at least 2,000 but less than 10,000 square feet of commercial area, typically located in a small building or a multi-tenant, mixed-use building.

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Retail—General (10K—20K). A moderate-scale retail use at least 10,000 but less than 20,000 square feet of commercial area, typically located in a moderate free-standing building or a large multi-tenant or mixed-use building.

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Retail—Large (>20K). A large-scale retail use with at least 20,000 square feet of commercial area in a large, freestanding or part of a large mixed-use project.

12.

Retail—Grocery Store. A specific retail use selling food, produce, and household products for general household consumption, including a significant portion of inventory in fresh produce, baked goods, meats, or seafood. Accessory sales of prepared food for on-site consumption is limited to no more than 20% of the transactions. These uses often serve as a key anchor for neighborhood and community centers which justifies slightly larger scale than other general retail uses, provided they can still fit into the block structure, development pattern, and public-realm framework of the area. To accommodate this, retail grocery store is further refined by scale and format as follows:

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Grocery—Market (<20K). A small grocery offering limited selection of products or specialty foods or produce in a small-scale format under 20,000 square feet. Examples include a corner store, butcher shop, produce market, or urban-format groceries.

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Grocery—Small (20K—50K). A mid-sized grocery offering a range of food and household products, and limited accessory services in a mid-sized building format, at least 20,000 square feet but less than 50,000 square feet. Examples include a neighborhood market or traditional-scale full-service grocery stores.

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Grocery—General (>50K). A large grocery store offering a wide range of food and household products and associated accessory services in a large-scale format. Examples include a large-format grocery or supermarket, or a similar function housed within a larger warehouse retail store.

13.

Retail and Sales—Other. Retail and sales uses that warrant location or design considerations different than general retail and sales uses either due to typical formats or due to the nature or scale of the operation. Use types include:

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Consignment Store—Large. A specific type of retail stores that offers sale of used or off-market merchandise, including household goods, apparel, furniture, books, or appliances for retail sale or through buy-back or other contingencies. This use is 12,000 square feet or more.

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Consignment Store—Small. A specific type of retail stores that offers sale of used or off-market merchandise, including household goods, apparel, furniture, books, or appliances for retail sale or through buy-back or other contingencies. This use is less than 12,000 square feet.

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Liquor Store. A specific type of retail sales and service (sales) use. A state-licensed, retail establishment selling packaged alcoholic liquors (including beer, wine, and spirituous liquors) for consumption off site.

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Retail—Outdoor and Equipment Sales. A specific retail use where the primary business is associated with merchandise that typically must be displayed outside and on a year-round basis. Examples include a garden center, a lumber yard, or a small machine or equipment sales.

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Auction House. Any establishment in which is carried on the business of auctioning articles for sale by public outcry and where such items offered for auction are sold immediately to the highest bidder.

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Internet Sales Location. A specific type of retail sales and service use. A retail establishment acting as a sales broker that accepts new or used goods for sale on an internet auction site. The establishment may be open to the general public for viewing and sale of items. Storage is limited to those items accepted for sale.

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Pawnbroker. An establishment regularly engaged in the business of making contracts for purchase or purchase transactions in the course of business.

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Greenhouse/Nursery. An establishment where flowers, shrubs, vegetables, trees, and other horticultural and floricultural products are grown both in open and enclosed buildings for either retail sale or wholesale distribution.

15.

Vehicle and Equipment Uses. Commercial uses that include the sale, rental, or maintenance of motor vehicles or similar large-scale equipment which have a scale or format oriented to the vehicles and large equipment, typically including large parking areas, and outdoor storage or circulation of vehicles and equipment. Use types include:

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Automobile Gas and Service Station. A commercial use designed to supply motor vehicles with gasoline or other fuel source, oils, greases, and other minor replacement parts, or engaged in the limited repair, maintenance, inspection, or diagnostic of passenger vehicles, excluding bodywork or salvage restoration.

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Automobile Mechanic, Repair—Limited. A commercial use engaged in the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles, not including body or fender work.

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Automobile Mechanic, Repair—Body Shop. A commercial use designed for service, repair, and restoration of vehicles, including major repairs and bodywork.

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Automobile Pawn Broker. A person regularly engaged in the business of making contracts for automobile purchase or automobile purchase transactions in the course of business.

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Automobile, RV, Boat, or Equipment Sales/Rental. A commercial use designed for the display, sale, leasing, or rental of new or used motor vehicles, recreational vehicles, boats, or similar large equipment. Any repair or service work is accessory to the sale, leasing or rental of operable vehicles and equipment.

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Car Wash and Automobile Detailing. A commercial service use that washes, cleans, or refurbishes motor vehicles, whether through self-service, mechanical service, or personal service, and whether as a principal use or an accessory use to another commercial use.

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Commercial/Public Parking (Surface or Structure). A commercial use using any building, structure, or area of land primarily for the temporary storage or parking of vehicles.

D.

Manufacturing/Industrial Uses.

1.

Wholesale—Sales and Distribution. An establishment primarily engaged in the sale or distribution of goods and materials in large quantity to retailers or other businesses for resale to individual or business customers, or the sale, storage, and delivery of large items directly to customers from distribution centers.

2.

Industrial Services. A business engaged in service to other businesses and industries, or engaged in services to the general public but where industrial equipment or processes are necessary for service, or where services are dispatched from a central location for storage of vehicles, equipment, or merchandise. Examples include plumbing, exterminators, HVAC repair, utility contractors, janitorial services, commercial laundry services, or other similar business.

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Contractors Office or Fleet Services. A small, centralized location for industrial service uses, where administrative offices, dispatch services, and limited on-site storage of equipment and fleet vehicles can occur during non-business hours.

•

Industrial Services—Light. A small-scale or low-impact industrial service use with limited outdoor storage needs, where surface parking, vehicle storage, and general storage needs are similar to other industrial or commercial uses, and where areas dedicated to storage of equipment and vehicles during non-business hours can occur indoors, or in well-screened areas.

•

Industrial Services—General (10—25 vehicle fleet). An industrial service use where outdoor storage or warehouse storage is necessary, or with a vehicle fleet is between 11 and 25 vehicles,

•

Industrial Services—Heavy. A large-scale industrial service use that may produce a higher degree of adverse impacts (e.g. noise, glare, dust, odor, or vibrations), or which may need substantial outdoor storage, large warehouses, or significant parking and storage for vehicles or equipment.

•

Vehicle/Fleet Maintenance Facility. An industrial service use that provides mechanical and repair services to commercial vehicles, large equipment, or other similar services, whether the service is offered to other businesses with large vehicles and equipment or whether it is accessory to the business maintaining its own fleet and equipment.

3.

Manufacturing. A use engaged processing, fabrication, packaging, or assembly of goods, from raw materials or partially competed secondary materials. Products may be finished or semi-finished, and are typically stored and shipped to other areas for distribution to businesses, consumers or retail outlets, although limited accessory sales, display, or customer service areas may be provided.

•

Manufacturing—Limited/Artisan. A small-scale manufacturing use producing primarily finished products with limited need for storage of materials or finished products. The use produces no negative byproducts such as smoke, odor, dust or noise discernable from outside of the building, and deliveries and distribution are made by general consumer delivery services requiring no special large truck access. Products or services are often made available to the public on premises generating customer activity. Examples include artists' studios, small bakeries, or small wood or metal shops.

•

Manufacturing—Limited/Craft Alcoholic Beverages. A small manufacturing use that produces malt liquors or fermented malt beverages (not including a commercial brew pub), and is licensed by the appropriate state and federal authorities, but where a portion of the premises is dedicated to retail sales, service, or tasting rooms. Examples include brewery, distillery, winery, or vintner's restaurant. (See C.R.S 12-47-103, 402, 403, and 420)

•

Manufacturing—Light. A manufacturing use that produces little or no byproducts such as smoke, odor, dust, or noise discernable from beyond the property; limited outside storage may be necessary, and distribution and delivery or distribution needs require occasional large truck access. Examples include research labs or facilities, small equipment or commodity assembly, non-retail laundry services, commercial bakery, or food and beverage processing.

•

Manufacturing—Heavy. An industrial use manufacturing from previously prepared materials or some raw materials into other materials or finished products. The activities may produce byproducts such as noise, dust, smoke, or odor, but are mitigated to limit impacts beyond the property boundary. Outside storage and activities may be necessary, and distribution and delivery needs involve frequent or large truck access. Examples include large-scale manufacturing or fabrication plants, large equipment assembly, metal fabrication plants, chemical laboratories or other similar high-intensity manufacturing or distribution operations.

4.

Warehousing/Storage. An industrial or commercial use involved in the temporary keeping of goods and products for interim or long-term periods or for distribution to other businesses and industries, including any logistic services related to this business such as labeling, bulk packaging, inventory control, or light assembling. This use may support their own business, be offered as a service to other businesses in the chain of production, or provide a service to the public at-large for storage of personal or household items.

•

Fuel Storage. Storage of fuels as a principal use of land in above ground or below ground storage containers designed for wholesale distribution or mass consumption.

•

Indoor Storage. A warehousing/storage use where all activities occur indoors except for the limited loading and unloading of inventory at discrete loading docks. Examples include indoor self-storage, warehouses and distribution centers, and long-term garages.

•

Outdoor Storage. A warehousing/storage use access to storage areas or actual storage of materials may occur outdoors. Examples include boat or RV storage, towing service storage yard, or similar industrial supply storage yards.

5.

Waste/Salvage. A use that receives solid or liquid wastes for disposal on site, or for storage and processing for further distribution of disposed items. Specific use types include:

•

Automobile Wrecking/Salvage Yard. A business engaged in wrecking and dismantling, storage, sale, or dumping of dismantled, obsolete, or wrecked vehicles.

•

Commercial Incinerator. An engineered apparatus used to burn waste substances and in which all the combustion factors, temperature, retention time, turbulence and combustion air, can be controlled.

•

Hazardous Waste Handling. A facility where the principal use is to collect, store, or processes waste that is ignitable (combustible or flammable), corrosive, reactive (explosive), or toxic and requires special handling to avoid illness or injury to persons or damage to property or the environment, or any other manufacturing or industrial use where the process or byproducts could produce these hazards and otherwise needs to be contained and treated to protect the general public health and safety.

•

Recycling Operation, Enclosed or Unenclosed. A facility that collects, stores, processes and distributes waste materials that can be treated and returned to a condition in which they may again be used for production or consumption. Recycling operations may be "enclosed" where all activities other than remote and discrete loading areas are indoors, or they may be unenclosed, where a portion of the collection, storage, or processing occurs outside.

•

Sanitary Service. Any property used for permanent disposal by abandonment, discarding, dumping, reduction, burial, incineration, or any other means and for whatever purpose, of garbage, trash, refuse, waste material of any kind, junk, discarded machinery, or vehicles or parts thereof.

•

Waste Transfer Station. A facility or structure where trash is collected, including appropriate structures and mechanical equipment for the collection, compaction, and/or loading of trash.

(Ord. 57-2024, § 1(Att. 01))

All terms used in this Code shall have their plain and commonly accepted meaning, based upon the context of their use in the Code. The following terms shall have the meaning given below, and may be more specifically described, limited, or qualified within the standards of this Code. Some chapters may have specific definitions where the terms have a particular or technical meaning specific to the interpretation of that Chapter.

Abandonment: The relinquishment of property or a cessation of the use of the property with the intention neither of transferring rights to the property to another person(s) nor of resuming the use of the property or the use.

Abut and/or Adjoin: To physically touch or border upon or to share a common property line.

Access: A way or means of approach to provide physical entrance to a property.

Accessory Structure: A detached, subordinate structure, the use of which is clearly incidental and related to that of the principal structure or use of the land, and which is located on the same lot as that of the principal structure or use.

Accessory Use: A subordinate use, clearly incidental and related to the principal structure, building or use of land, and, unless otherwise allowed by this Title, located on the same lot as that of the principal structure, building, or use.

Adjacent/Adjoining Lot or Land: A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.

Adjacent Property: Property that has a common boundary line with, or that is separated from a parcel proposed for development by public right-of-way.

Adverse Impact or Effect: Any of the following:

(A)

A condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off-site property or facilities.

(B)

A condition that creates, imposes, or leads to a nuisance on a site proposed for development or on off-site property or facilities.

(C)

A condition that creates, imposes, aggravates, or leads to a negative aesthetic condition on a site proposed for development or on off-site property or facilities. For example, a proposed building that blocks a scenic view corridor or a commercial building whose height and mass is out of scale and proportion with adjacent residential buildings.

Alley: A public way less in size than a street, not designed for general travel, which is used primarily as a means of access to the rear of residences and business establishments, abutting upon it, and which affords a secondary means of access.

Alteration, Structural: An alteration of a building or structure which alteration affects some portion of the building or structure in a vital and substantial manner and changes its characteristic appearance; the term denotes change or substitution in a substantial particular.

Amendment: Any addition, deletion, or revision of the text of this Title or any addition, deletion, or revision of the Official Zoning Map adopted after public hearings.

Annexation: The incorporation of a land area into the City of Englewood with a resulting change in the City boundaries.

Annual: A plant that completes its lifecycle in one growing season.

Appeal: A request for review by a higher authority of the final decision made by the decision-making body on an application for development.

Appeal, Administrative: An appeal where it is alleged by the appellant that there is error in any order, requirement, decision, or refusal made by an administrative official or agency based on, or made in the application of, the standards or enforcement of this Title in a specific situation, with limited necessity for reference to general goals and policies of this Title or the Comprehensive Plan.

Applicant: Unless otherwise specified, an owner or other person with a legal property interest, including heirs, successors, and assigns, or an owner's authorized agent, who has filed an application for subdivision or development.

Area: The term "area" is synonymous with the word "tract," which is a piece of land capable of being described with such precision that its location may be established and boundaries definitely ascertained.

Automobile: Any motor vehicle.

Awning: A shelter supported entirely from the exterior wall of a building and of a type that can be retracted, folded, or collapsed against the face of the supporting building.

Banner: An accessory sign made of cloth, canvas, plastic, fabric, or flexible material of any kind with only such material for backing. National flags, state or municipal flags, shall not be considered banners.

Basement: An area below the first floor, having part, but no more than one-half of its height above grade, and with a floor to ceiling height of not less than seven feet. This term shall not include "garden level."

Basement (for floodplain purposes): See EMC § 16-13-3 Floodplain Definitions.

Berm: A mound of earth, or the act of pushing earth into a mound, usually for the purpose of shielding or buffering uses, or to control the direction of water flow.

Bicycle Lane: A portion of a street right-of-way designated for the use of bicycle traffic.

Bicycle Path: A paved or otherwise surfaced off-street lane designated for bicycle traffic.

Bikeway: A pathway, which may be paved and separated from streets and sidewalks, designed to be used by bikers.

Block: A tract of land bounded by platted streets, public parks, cemeteries, railroad rights-of-way, shore lines, or corporate boundaries of the City.

Block Face: A lot or lots fronting on one side of a block. The "same" block face includes only those lots fronting on the same side of the block as the subject property. The "facing block face" includes those lots located on a different block from the subject property/lot, but located directly across the street from and fronting the same street as the subject property/lot and bounded by the same intersecting streets as the subject property's block.

Board: The Board of Adjustment and Appeals of the City of Englewood.

Boarder: An individual, other than a member of the household occupying the dwelling unit or a part thereof, who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration.

Boundary Line: Every separation, natural or artificial, which marks the confines or line of division of two contiguous parcels of land.

Brightness: For the purpose of sign illumination, brightness is the visual sensation related to the intensity of light emanating from the face of a sign.

Buffering: Methods such as extra deep lots, increased setbacks, landscaping, fencing, or berming to separate properties or uses that may have potential adverse impacts upon one another.

Building: Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels. When any portion thereof is completely separated from every other portion thereof by a division wall without openings, then each such portion shall be deemed to be a separate building.

Building, Detached: A building having no party wall in common with another building.

Building Envelope: The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks, and sky exposure (bulk) plane regulations.

Building Footprint (Building Coverage): That area or portion of a lot which is occupied or covered by all buildings on that lot.

Building Frontage: The horizontal linear dimension of a building facade, or portion occupied by a use that faces a public street. A corner use shall be permitted to use the secondary facade to determine total "building frontage."

Building Line: The actual line at which a building is constructed, and the location of other elements on the lot or adjacent lots may refer to this line extended outward from the building to the sides of the lot.

Building Line, Required Front: The portion (usually expressed as a percentage) of the lot frontage required to be occupied by the front facade of a principal structure, or other specifically permitted substitutes which may include accessory structures or landscape associated with the frontage design.

Building, Principal: A building in which is conducted the principal use of the lot on which it is situated.

Building Site: See definition of "Lot."

Bulk: The size of buildings or other structures and their relationships to each other and to open areas and lot lines, and therefore includes: (a) the size of buildings or other structures, and (b) the area of the lot upon which a residential building is located, and the number of dwelling units or rooms within such building in relation to the area of the lot, and (c) the shape of buildings or other structures, and (d) the location of exterior walls of buildings or other structures in relation to lot lines, to other walls of the same building, to legally required windows, or to other buildings or other structures, and (e) all open areas relating to buildings or other structures and their relationship thereto.

Caliper: The inch diameter of the trunk of a tree measured four feet above grade.

Canopy: A roof-like structure supported by the building and a minimum of one stanchion.

Carport: A one-story structure entirely open on one or more sides used for vehicle parking or storage.

Centerline: The centerline of a street or alley that has been fully dedicated to its required width. Where all of the required width of public right-of-way exists in an offset or angular manner or has not been dedicated, the City Engineer shall determine the alignment of the centerline.

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

Channel: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water that is flowing within the limits of the defined channel.

City: The City of Englewood, Colorado.

Collector Street System: A system of one or more collector street(s) that allows traffic to be distributed to at least two arterial streets.

Commercial Vehicle: Any vehicle designed, maintained or used primarily for the transportation of property.

Commission: The Planning and Zoning Commission of the City of Englewood, Colorado.

Common (Party) Wall: See definition of "Party Wall."

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

Complete Application: An application form required by this Title, and all accompanying fees, submittal documents, and exhibits, including all items or exhibits specified by the City Manager or designee during a pre-application conference. An application shall be considered "complete" only upon certification by the Director or designee, pursuant to EMC § 16-2-1.

Comprehensive Plan: The City Comprehensive Plan developed by the Commission and adopted by the Council for the physical development of the City, which includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

Conditional Use: A use permitted in a particular zone district only upon showing that such use in a specified location, will comply with all conditions and standards for the location or operation of such use as specified in this Title and authorized by the Commission.

Condominium: A form of ownership in which the interior floor space of a unit or area is owned individually, and the structure, common areas and facilities are owned by all of the owners on a proportional, undivided basis, and where all other physical attributes of the building and site beyond ownership units meet the standards of these regulations.

Contiguous: Lot or land is contiguous when at least one boundary line of one lot/parcel of land touches a boundary line or lines of another lot/parcel of land.

Council: The City Council of the City of Englewood, Colorado.

Cul-de-sac: A short street having one end open to traffic and being terminated at the other end by a vehicular turnaround.

Decibel: A unit of sound pressure level.

Deciduous: Plants that drop their leaves before becoming dormant in winter.

Decision-Making Body: The entity or body (typically the Council, Commission, Board, City Manager or designee, or other administrative staff) authorized to approve or deny a land development application or permit required under this Title.

Density: The number of families, persons, or dwelling units per acre of land.

(A)

Gross Density: The number of families, persons, or dwelling units per gross acre of land. Gross acreage is the total land area, including public rights-of-way.

(B)

Net Density: The average number of families, persons, or dwelling units per net acre of land. Net acreage is the total land area less land area devoted to public rights-of-way.

Detached Structure: A structure having no party wall in common with another structure.

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

Development: Any man-made change to improved or unimproved real estate, including the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land.

Development Agreement: Contracts between a developer and the City of Englewood in connection with any discretionary development approval, including without limitation rezoning, subdivision, or PUD approval. Development agreements may include provisions clarifying the phasing of construction, the timing, location and financing of infrastructure, reimbursement for oversized infrastructure, vesting of property rights for periods beyond the three year statutory term, assurances that adequate public facilities (including roads, water, sewer, fire protection and emergency medical services) will be available as they are needed to serve the development, and mitigation of anticipated impacts of the development on the general public.

Development (for floodplain purposes): See EMC § 16-13-3, Floodplain Definitions.

Development Review Team (DRT): An ad hoc review body that conducts pre-application meetings as needed consisting of representatives from city departments as requested by the applicant or required by the City Manager or designee. The DRT provides responses to the proposed application and comments are forwarded to the applicant for consideration in a final application.

Director: Director of the Community Development Department.

Divide or Division: Any act which would have the effect, either legally or practicably, of causing a separation of a single tract or parcel of realty into two or more tracts, parcels, lots, or sites.

Drainage:

(A)

Surface water runoff.

(B)

The removal of surface water or ground water from land by drains, grading, or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development; the means for preventing or alleviating flooding.

Driveway: An improved and maintained way providing vehicular access from the public street to a parking area, garage or carport, or to other uses.

Dwelling: Any building or portion of building that is used as the residence of one or more households, but not including visitor accommodations, clubs, hospitals, tents, or similar uses providing transient or temporary accommodation.

Dwelling Unit: One or more rooms and a single kitchen and at least one bathroom, designed, occupied, or intended for occupancy as separate quarters for the exclusive use of a single household, for household living purposes (i.e., sleeping, living, cooking, and sanitary purposes), located in a dwelling.

Easement: A grant of one or more of the property rights by the property owner to and/or for the use of the public, a corporation or another person or entity.

Eaves: The projecting lower edges of a roof overhanging the wall of a building.

Education Institution: A specific type of school use. Facilities include elementary or secondary public or private schools, parochial schools irrespective of denomination and having a course of study substantially equivalent to that of a public school, private schools having a course of study substantially equivalent to that of a public school, colleges and universities, professional schools, business or trade schools, and special schools for the blind and/or physically disabled. Exception: business or trade schools are classified under commercial uses as a distinct type of school use. See definition of "School."

Egress: An exit.

Encroachment: Any obstruction in a delineated floodway, right-of-way, or adjacent land.

Enlargement, or to Enlarge: An "enlargement" is an addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use. To "enlarge" is to make an enlargement.

Environmental Assessment: An evaluation of the environmental condition of property consisting of the following three phases:

(A)

"Phase I Assessment" shall, at a minimum, consist of physical examinations and review of historical ownership of the property and adjacent property, as stated in the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, designation E 1527-00 (as amended), and culminate in a written report of findings, including a recommendation on whether a Phase II assessment is necessary.

(B)

"Phase II Assessment" shall, at a minimum, consist of a physical examination of the property, and adjacent property if feasible, including an examination of any facilities, processes, and practices thereon; such physical examination shall include any tests and samplings of soil, water, air, vegetation, facilities or any improvements as required by the City as a result of information provided in the Phase I assessment to determine the presence or absence of hazardous substances on the property. A Phase II assessment shall comply with the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process, designation E 1903-97 (as amended). This phase shall culminate in a written report of findings on any testing and sampling results as well as a recommendation on whether any remediation is necessary, and, if so, a description thereof. The reporting shall be subject to compliance with federal, state, and local regulations or requirements.

(C)

"Phase III Assessment" shall, at a minimum, consist of remediation of hazardous substances on the property as recommended by a Phase II assessment, subject to compliance with federal, state, and local regulations or requirements.

Erosion: The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, and gravity.

Evaluation: A process to measure the success of an activity and how closely the results meet the anticipated outcome defined as part of the initial phase of the activity.

Excavation: Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.

Existing Grade or Elevation: The vertical location of the ground surface prior to excavating or filling.

Existing Use: The use of a lot or structure at the time of the enactment of this Title.

Extension: An increase in the amount of existing floor area used for an existing use within an existing building. To "extend" is to make an extension.

Exterior Wall: The most exterior part of a wall; any wall that defines the exterior boundaries of a building or structure.

FAA: The Federal Aviation Administration.

Facade: The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

FCC: The Federal Communications Commission.

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

Fill: Sand, gravel, earth, or other materials of any composition whatsoever placed or deposited by artificial means.

Final Approval or Decision: The last official action of the decision-making body, taken on a development plan which has been given preliminary approval, after all conditions and requirements have been met, and the required improvements have been installed or guarantees properly posted for their installation, or approval conditioned upon the posting of such guarantees.

Finish Elevation: The proposed elevation of the land surface of a site after completion of all site preparation work. See definition of "Grade, Finished."

Fire Lane: That portion of a street right-of-way or a paved or otherwise surfaced off-street lane designated to assure access by emergency vehicles.

Flag: Any fabric, or similar material containing distinctive colors, patterns, or designs, attachable at one edge to a staff or cord. All other such devices shall be considered banners.

Floor Area: The sum of the areas of the several floors of the structure, as measured by the exterior faces of the walls, including fully enclosed porches and the like as measured by the exterior limits thereof, but excluding:

(A)

Garage space which is in the basement of a building or, in the case of garage space accessory to a dwelling, is at grade;

(B)

Basement and cellar areas devoted exclusively to uses accessory to the operation of the structure; and

(C)

Areas elsewhere in the structure devoted to housing mechanical equipment customarily located in the basement or cellar such as heating and air conditioning equipment, plumbing, electrical equipment, laundry facilities, and storage facilities.

Frontage: The area of a lot between the front building line and the front lot line that establishes the primary relationship between the building and site and the public streetscape.

Garage: An accessory building or portion of a principal building that is intended or used primarily for the storage of motor vehicles, and which is enclosed in such a manner that the stored or parked motor vehicle is contained entirely within the building.

Garage, Attached: A structure intended for the storage of motor vehicles with a party wall in common with a habitable space/room, as defined herein, within the principal structure.

Garage, Detached: Any garage which does not meet the definition of attached garage in this Title.

Garage, Front-Loaded: A private residential garage that is accessed from a street other than an alley and that has garage doors parallel to the access street.

Garage, Private: A garage that is not operated for gain and in which no business is conducted.

Garage, Side-Loaded: A private residential garage that is accessed from a street other than an alley and that has garage doors perpendicular to the access street.

Glare: The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Grade: The degree of rise or descent of a sloping surface.

Grade, Building: In cases where all walls of the principal building are more than five feet from the nearest street line, the mean elevation of the ground adjoining the building on all sides; and in all other cases, the mean elevation of the nearest sidewalk.

Grade, Finished: The final elevation of the ground surface after development.

Ground Cover: Grasses or other plants grown to keep soil from being blown or washed away.

Ground Floor Area: The floor area of the ground floor of a building.

Ground-Mounts: The typical ground-mounted satellite has the antenna mounted on a pole that is at least three feet deep in the ground, encased in concrete at least eight inches in diameter. The cable to the receiver is buried in the ground between the antenna and the structure.

Guest or Visitor Off-Street Parking: An off-street parking space provided for temporary use of guests of, or visitors to, occupants or tenants of the building, whether for social, business, or professional reasons.

Guideline: An advisory regulation, where compliance is not mandatory but is strongly encouraged. The City may require justification for any discretionary decision, but non-compliance will not subject an applicant or a development to the enforcement and penalty provisions of this Title. Guidelines are indicated by use of the terms "may" or "should."

Habitable Space/Room: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space.

Height: Building or structure height is the vertical distance of a building or structure, as measured from the average elevation of the finished grade at the corners of the building or structure base, to the highest point of the building or structure. When referring to a tower or other similar structure, height is measured from the average ground level to the highest point on the tower or other structure, even if said highest point is an antenna. When referring to a fence or wall, height is the distance of the vertical surface measured from finished grade to the top of the vertical surface.

Historic Building: A building or structure designated by Council, that is worthy of rehabilitation, restoration, and preservation because of its cultural, architectural and/or historical significance to the City.

Historic District: A geographically definable area that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development.

Historic Preservation. The protection, rehabilitation, and restoration of districts, sites, buildings, structures, and artifacts significant in Englewood or Colorado history, architecture, or culture.

Household: A household includes one or more persons related by blood, marriage, adoption, civil union or committed partnership, or legal guardianship, including foster children, living together in a dwelling unit; or up to up to 4 adults of any relationship and their minor children or legal dependents living in a dwelling unit.

Illegal Use: Any use, whether of a building or other structure, or of a tract of land, in which a violation of any provision of this Title has been committed or shall exist.

Impermeable: Not permitting the passage of water.

Impervious Material: A surface that has been compacted or covered with a layer of materials so that it is highly resistant to infiltration by water. Impervious materials include, but are not limited to, surfaces such as compacted sand, limerock, or clay; asphalt, concrete, driveways, retaining walls, stairwells, stairways, walkways, decks and patios at grade level, and other similar structures.

Ingress: Access or entry.

Kiosk: A freestanding structure upon which temporary information and/or posters, notices and announcements are posted.

Kitchen: An area within a dwelling unit equipped with such electrical or gas hook-up that would also enable the installation of a range, oven or like appliance, including microwaves, for the preparation of food and also containing either or both a refrigerator and sink.

Land Use: A description of how land is occupied or utilized.

Landscape Area: Land set apart for the planting of grass, shrubs, trees, or similar living plants. Such land may include trees and plants arranged in a formal pattern to support outside gathering and include other constructed elements such as a plaza, pedestrian area ,fences, walls or nonorganic displays integral to the design of the space.

Loading Space: An off-street space or berth on the same site with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access.

Local Law Enforcement Agency: Any marshal's office, police agency, or sheriff's office within jurisdiction in the locality in which the customer enters into a contract for purchase or a purchase transaction related to a pawnbroker or secondhand dealer land use.

Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit.

Lot Area: The area of a horizontal plane bounded by the front, side, and rear lot lines.

Lot, Building: Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this Title, having not less than the minimum area and width required by this Title for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit for a building on such land.

Lot, Corner: A lot at the junction of and abutting upon two or more intersecting streets, having an interior angle of intersection of not more than one 135 degrees.

Lot Coverage: The percentage of total lot area which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves. It is calculated by dividing the square footage of structure cover by the square footage of the lot. Unless specifically exempted by this Code, above, the term "structure" includes private walkways, driveways, and other paved surface areas used or intended for parking vehicles (e.g., parking pads).

Lot Depth: The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

Lot, Interior: A lot other than a corner lot.

Lot Line, Front: The line separating the lot from the street.

Lot Line, Rear: The line which most nearly qualifies as the line most distant and opposite from the front lot line; where the line is irregularly shaped, a line perpendicular to the mean direction of the side lot lines, and at least ten feet in length within the lot.

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

Lot Lines: The lines bounding a lot.

Lot, Minimum Area of: The smallest lot area established by this Title on which a use or structure may be located in a particular zone district.

Lot of Record: A lot that is part of an approved plat, the map of which has been recorded in the office of the Arapahoe County Clerk and Recorder.

Lot, Reverse Frontage: A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts.

Lot, Reverse Corner: A corner lot having its side street line substantially a continuation of the front lot line of the first lot to its rear.

Lot, Through: A lot, other than a corner lot, having frontage on more than one street.

Lot Width: The distance between the side lot lines, measured along the setback line as established by this Title, or if no setback line is established, the distance between the side lot lines measured along the street line.

Major Architectural Detail: Distinguishable design features of the facade of the building such as windows, doors, balconies, columns, or patterns or designs formed at the time of construction by the building material.

Major Street: The street controlled by a stop or yield sign.

Manager or City Manager: The Englewood City Manager or designee.

Manufactured Home: Any one-unit dwelling that: (1) Is a factory-built home; and (2) is at least 24 feet in width and 36 feet in length; and (3) is installed on an engineered permanent foundation; and (4) has a pitched roof; and (5) is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., as amended (commonly referred to as the "HUD Code"); and (6) meets or exceeds, on an equivalent performance engineering basis, as defined by C.R.S. 31-23-301(5)(a)II et seq., as amended standards established by the Uniform Building Code, as amended and adopted by the City.

Manufactured Home Space: A plot of ground within a manufactured home park, designed for the accommodation of one manufactured home.

Manufactured Home Stand: That part of an individual manufactured home space that has been planned and improved for the placement of the manufactured home and additions or attachments thereto.

Marquee: A permanent roof-like structure attached to and supported by the building on which it is located.

Master Street Plan: Part of the City Comprehensive Plan showing location and classification of principal traffic ways.

Maximum Extent Possible Practicable: Under the circumstances, reasonable efforts have been undertaken to comply with the regulation or requirement, that the costs of compliance are not feasible and clearly outweigh the potential benefits to the public or would unreasonably burden the proposed project, and reasonable steps have been undertaken to minimize any potential harm or adverse impacts resulting from the noncompliance. Economic considerations may be taken into account but shall not be the overriding or determining factor.

Mean: The average of a number of figures computed by adding all of the figures and dividing by the number of figures.

Micro-cell: Means a low power telecommunications facility used to provide increased capacity in high telecommunication demand areas, often to improve coverage in areas of weak coverage. Microcells communicate with the primary facility in a coverage area via fiber optic cable, microwave, or land line.

Microwave Antenna: A dish-like antenna used to link communication sites together by wireless transmission of voice or data.

Minor Street: The street not controlled by a stop or yield sign.

Mixed-Use Development: The development of a tract of land or building or structure with two or more different principal uses, such as, but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact urban form. In a mixed-use development, the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of vehicular and pedestrian access and parking areas.

Monopole: A structure composed of a single spire used to support telecommunications equipment.

Motor Vehicle: Any self-propelled vehicle which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways, but the term does not include motorized bicycles as defined in The Model Traffic Code for Colorado Municipalities as adopted. For purposes of the offenses described in C.R.S. as adopted for farm tractors operated on streets and highways, "motor vehicle" includes a farm tractor that is not otherwise classified as a motor vehicle.

Mulch: Nonliving organic and synthetic materials customarily used in landscape design to retard erosion and retain moisture.

Multi-Phase or Phased Development: A development project that is constructed in stages, each stage being capable of existing independently of the others.

Natural Medicine: Any substance described as 'natural medicine' in Article 170 of Title 12 C.R.S.

New Construction: Structures for which the "start of construction" commenced on or after the effective date of this Title.

Noise: Any sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on human beings.

Nonconforming Building or Structure: Unless otherwise exempt by this Code, a structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to this Title, but which fails by reason of such adoption, revision, or amendment, to conform to the present requirements of the zone district in which such structure or building is located.

Nonconforming Lot: A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this Title, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements.

Nonconforming Use: A use or activity which was lawful prior to the adoption, revision, or amendment to this Title, but which fails, by reason of such adoption, revision, or amendment, to conform to the present requirements of the zone district in which such use is located.

Nonconformity: Generally, a nonconforming use, sign, lot, structure, or building.

Noxious Matter: Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.

Obstruction: Any dam, wall, embankment, levee, dike, pile, abutment, soil material, bridge, conduit, culvert, building, wire, fence, refuse, fill, structure or other matter in, along, across or projecting into any channel, watercourse, or flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching debris carried by such water, or that is placed where the flow of water might carry the same downstream.

Occupancy: The purpose for which a building is used or intended to be used. "Change of occupancy" is not intended to include change of tenants or proprietors unless the new use of the building would classify it in a different occupancy group.

Occupancy Permit: A required permit allowing occupancy of a building or structure after it has been determined that all of the requirements of applicable ordinances have been met.

Odorous Matter: Any material that produces an offensive or objectionable olfactory response in a human being.

Official Map: A legally adopted map that shows the location and width of proposed streets, public facilities, and public areas, and drainage rights-of-way.

Official Zoning Map: A map of the City that depicts the various zone districts in the City, adopted by the Council, and incorporated by reference as a part of this Title.

Off-Street Parking Space: A storage area for a motor vehicle that is directly accessible to an access aisle, street, or alley, and which is not located on a dedicated street right-of-way.

On-Street Parking Space: A temporary storage area for a motor vehicle that is located on a dedicated street right-of-way.

100-Year Flood: A flood of such magnitude as may reasonably be expected to be equaled or exceeded on an average of once every 100 years; the term also means that level of flooding having a one percent probability of occurrence in any year.

Open Space, Common: Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate. Common open space shall not include driveways, sidewalks, and parking areas.

Organic: Referring to or derived from living organisms.

Overlay Zones: A set of zoning requirements that is described in this Title, is mapped, and is imposed in addition to those of the underlying district. Developments within the overlay zone must conform to the requirements of both zones or the more restrictive of the two.

Owner: An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.

Parapet Wall: That part of any wall that extends entirely above the roof line.

Park: A specific type of parks and open space use. A noncommercial, nonprofit facility or land owned by the City, the State of Colorado, or another unit of government that is used or intended to be used for recreation, education, or cultural use, including both active or passive recreation. This use type includes public golf courses. See definition of "Parks and Open Space."

Parking Area: A portion of a lot, tract, or parcel that is used, or is intended to be used, for the off-street parking of motor vehicles. A driveway may or may not serve as a parking area, subject to compliance with this Title's standards. A parking area (e.g., a surface parking lot) may be a principal use of land, or may be accessory to a principal use of land.

Parking Area, Surface (Operable Vehicles): A specific type of vehicle and equipment use. An area, other than a street or alley, designed or used primarily for the temporary parking of vehicles. See definition of "Vehicle and Equipment."

Parking Facility, Structure (Operable Vehicles): A specific type of vehicle and equipment use. A structure designed or used primarily for the temporary parking of vehicles. See definition of "Vehicle and Equipment."

Parking (To Park): The standing of a vehicle, whether occupied or not, otherwise than very briefly for the purpose of and while actually engaged in loading or unloading property or passengers.

Parking Pad: Areas surfaced with impervious material that are located between the front building wall of a dwelling and the adjoining street, and which are typically used to park operable vehicles off the street. A "parking pad" does not include a driveway.

Parking Space: A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of that automobile without the necessity of moving any other automobile.

Particulates: Finely divided solid or liquid particles in the air or in an emission, including dust, smoke, fumes, mist, spray and fog.

Party (Common) Wall: A common or shared structural separation between abutting dwelling, business, or industrial units or buildings, which may be centered on one building lot or between abutting dwelling, business or industrial units or buildings on either side of a lot line, the main purpose of which is to act as a support for the building and as a positive fire separation between the contiguous dwelling units or buildings.

Perennial: A plant that regrows from the same root stock year after year.

Performance Standard: A criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire, and explosive hazards and glare or heat generated by or inherent in uses of land or buildings.

Person: An individual, firm, co-partnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, or other group or combination acting as a unit.

Pervious Surface: Any material that permits full or partial absorption of storm water into previously unimproved land.

Plaza: An open space that may be improved and landscaped; usually surrounded by streets or buildings.

Police Department: The Police Department for the City of Englewood.

Pollutant: Any introduced gas, liquid, and/or solid that makes a resource unfit for a specific purpose.

Pollution: The presence of matter or energy whose nature, location, or quantity produces undesired environmental effects.

Porch: A roofed open area, which may be glazed or screened, usually attached to or part of and with direct access to or from, a building.

Premises: A lot, parcel, or plot of land, together with the buildings and structures thereon.

Principal Structure or Building: The main or primary structure or building in which the principal use of a property is conducted or operated.

Processing: A course or method of operation, effecting a change in form, contour, chemical composition, physical appearance or otherwise by artificial or natural means.

Public Building: Any building held, used, or controlled exclusively for public purposes by any department or branch of government, state, county, or municipality, without reference to the ownership of the building or of the realty upon which it is situated.

Public Hearing: A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.

Public Notice: The advertisement of a public hearing in a newspaper designated by City Council as the City's official newspaper, or on the City's official website or the posting of the property, or the mailing of written notice, indicating the time, place and nature of a public hearing.

Public Sidewalk Sale: Community event or celebration allowing the use of public sidewalks by Englewood merchants in front of their business as authorized by the City Manager or designee.

Railroad Right-of-Way: A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.

Rear Yard: An open space, including driveways and parking areas, unoccupied other than by permitted accessory buildings or uses, extending from the rear building line of a principal building to the rear lot line, between the side building lines, projected to the rear lot line.

Recreational Vehicle: A vehicular-type, portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.

Recyclable Material: Reusable materials including, but not limited to, metals, glass, plastic, wood, and paper that are intended for remanufacturing or reconstitution. Recyclable materials do not include junk, rubbish, refuse, or hazardous waste.

Redevelopment: Development of a site where 50 percent or more of the existing structure(s) is retained and incorporated into the new structure.

Remediate or Remediation: Action or measures taken, or to be taken, by the City or the property owner, whether directly by the owner or by the City, or through a contractor or agent of the owner or of the City, which purpose is to lessen, clean-up, remove, ameliorate, dispose of, vitiate, or mitigate any hazardous substances existing on the property to such standards, specifications, or requirements as may be established or required by the Environmental Protection Agency, the Colorado Department of Health, any authorized local agency, or the City.

Residence: A home, abode, or place where an individual is actually living at a specific point in time.

Residential Development: New residential development, redevelopment of an existing dwelling, or substantial expansions or alterations to an existing dwelling.

Restoration: The replication or reconstruction of a building's original architectural features.

Retaining Wall: A structure constructed to hold back or support an earthen bank.

Reuse: A use for an existing building or parcel of land other than for which it was originally intended.

Reverberation: The persistence of sound in an enclosed or confined space after the sound source has stopped.

Right-of-Way: The right of one person, or several persons, or of the community at large to pass over the land of another.

Riprap: A facing of masonry or the like for protecting an embankment. Riprap shall consist of field stone or rough unhewn quarry stone as nearly rectangular as is practicable. Broken concrete masonry or concrete pavement may be used if approved by the Director of Public Works. The stone shall have a specific gravity of at least 2.25 and shall be resistant to the action of air and water. Flaking or fragmental rock will not be permitted. Stones shall have a minimum thickness of three inches and a minimum volume of one (1) cubic foot and at least fifty percent (50%) by weight shall have a volume of two cubic feet or more. The riprap shall be placed to conform to the specifications of the Director of Public Works.

Roof: The outside top covering of a building.

Roof and/or Building-Mounted Telecommunications Facilities: Telecommunications facilities supported entirely by a building other than a building accessory to a telecommunications facility.

Roofline: A horizontal line intersecting the highest point of a roof. In the case of a flat roof, the uppermost line of the roof of the building; in the case of an extended facade or parapet, the uppermost height of said facade or parapet.

Roof, Shed: A roof with one slope.

Root Barrier System: A physical or chemical barrier that prohibits or discourages lateral root growth under sidewalks and other hardscape areas.

Sanitary Service: A specific type of waste/salvage use. Any property used for permanent disposal by abandonment, discarding, dumping, reduction, burial, incineration, or any other means and for whatever purpose, of garbage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or parts thereof. See definition of "Waste/Salvage."

Satellite Dish Antenna: The satellite receive-only earth station antenna consists of: (1) dish antenna which receives communication from satellites in orbit; (2) a low-noise amplifier (1na) at the focal point of the receiving component; and (3) a coaxial cable to carry the signal to the satellite receiver, which transforms the low-frequency signal to a television signal.

Satellite Receiver: The satellite receiver resembles a stereo receiver or amplifier with an array of knobs and controls. It is usually located near the TV set and allows tuning of any of the channels coming from the satellite. Another control rotates the dish to select which satellite at which to aim the antenna.

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

Sectorized Panel Antenna: An array of antennas generally rectangular in shape that are used to transmit and receive telecommunications signals.

Semi-Trailer: Any wheeled vehicle, without motive power, which is designed to be used in conjunction with a truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such truck tractor, and which is generally and commonly used to carry and transport property over the public highways.

Setback: The distance required by this Title to be established between a lot line and closest projection of a building or structure (including driveways and parking areas as required by this Title), measured along a line at right angles to the lot line. Setbacks shall be unobstructed from the ground to the sky except as otherwise specifically allowed in this Code.

Setback, Front: A setback that extends across the full width of a lot or site, the depth of which is the distance between the front lot or property line and the furthermost projection of a building or structure along a line at right angles to the front lot line, excluding allowable projections set forth in this Code.

Setback, Rear: A setback that extends across the full width of a lot or site, the depth of which is the distance between the rear lot line and the furthermost projection of a building or structure along a line at right angles to the rear lot line, excluding allowable projections set forth in this Code.

Setback, Side: A setback on that portion of a lot that is not adjacent to a private or public street. It extends from the rear line of the required front setback, or the front property line of the site where no front setback is required, to the front line of the required rear setback, or the rear property line of the site where no rear setback is required, the width of which is the distance between the side lot or property line and a line parallel thereto on the site.

Setback Line: That line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.

Shrub: A self-supporting woody perennial plant of low or medium height characterized by multiple stems and branches continuous from the base, usually not more than ten feet in height at maturity.

Sidewalk: A paved, surfaced, or leveled area, parallel to and usually separated from the street, used as a pedestrian path, or which otherwise provides pedestrian circulation and access to important destinations and principal building entrances within a site.

Sight Triangle: A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

Sign: Any object or graphic representation used to advertise, identify, inform, provide direction or attract attention to any idea, person, institution, organization, business, product, service, event or location, by any means including but not limited to: words, letters, graphics, motion, illumination or projected image.

Sign, Animated: Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement. Wind-driven, changeable copy, electronic message displays, and flashing signs shall not be considered animated signs.

Sign Area: The entire face of a sign including the surface and any framing, trim or molding, but not including the supporting structure.

Sign, Electronic Message Display (EMD): A sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs, or a flipper matrix.

Sign, Ground: Any sign supported by poles, uprights, braces, footers, or foundation extending from the ground but not attached to any part of a building.

Sign, Monument: A ground sign supported by and integrated with a solid base of footers, or foundation, as opposed to being mounted to poles, posts or other supports.

Sign, Multi-Tenant: A sign that serves as a common or collective sign for two or more uses on the same premises.

Sign, Nonconforming: Any sign lawful when erected but which, on the effective date of this Title or amendment to, does not conform to the limitations established by this Title.

Sign, Pole: A ground sign affixed, attached, or erected on a freestanding pole, post, or other support that is not itself an integral part of or attached to a building or structure.

Sign, Portable: Any accessory sign designed to be easily moved that is not permanently affixed to a building, structure, or embedded in the ground.

Sign, Projecting: Any sign, other than a wall sign or marquee sign, generally affixed at right angles to a building or wall in such a manner that its leading edge extends more than 18 inches beyond the surface of such building or wall.

Sign, Roof: A sign erected upon and extending above the roofline or parapet of the building or structure.

Sign, Sandwich Board: A movable accessory sign constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top; each angular face held at an appropriate distance by a supporting member.

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

Sign, Window: A sign posted, applied or affixed in or on a window which sign can be seen through the window from the exterior of the structure but excludes merchandise in a display window.

Signable Area: That area of a building facade up to the roofline or top of the wall that is free of windows and doors or major architectural detail.

Single Ownership: Ownership by one or more persons in any form of ownership of a lot or lots partially or entirely in the same ownership.

Small Animal: Dogs, cats, rodents, birds, reptiles, fish, and any other species of domestic animal that is sold or retained as a household pet, but does not include skunks, nonhuman primates, and other species of wild (typically not domesticated), exotic, or carnivorous animals that may be further restricted in the Englewood Municipal Code.

Solid: As relates to the development of fences, walls, and visual barriers, "solid" means a vertical surface with less than 50 percent open space.

Specified Anatomical Areas: As used herein, shall mean and include any of the following:

(A)

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

(B)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified Sexual Activities: As used herein, shall mean and include any of the following:

(A)

Human genitals in a state of sexual stimulation or arousal;

(B)

Acts of human adamitism, analingus, bestiality, cunnilingus, coprophilia, fellation, flagellation, frottage, masochism, masturbation, sadism, sadomasochism, sexual intercourse, sodomy or urolagnia; and

(C)

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

Start of Construction: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means 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 a 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.

Station Area Standards and Guidelines: Refers to the specific document containing detailed development and design standards and guidelines applicable to development in the subject station area and adopted by the City of Englewood, as amended from time to time.

Storage: Safekeeping of goods in a warehouse or other place of depository.

Storm Water Detention: Any storm drainage technique that retards or detains runoff, such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any combination thereof.

Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use.

Street: Any public right-of-way for the free passage of persons, trade and commerce, and which affords a principal means of access to property abutting along its length. This term does not include private roads.

Street, Design Type. A reference to the design attributes of a specific segment of the street, regardless of the functional class, and including lane widths, number of lanes, parking, streetscape, and sidewalks. Street design types allow the design of segments of streets to transition and relate better to the context and anticipated abutting land uses, without disrupting the overall role of the street in the functional classification system.

Street, Functional Classification. A system of categorizing streets based on their role in the overall street network, considering traffic volumes, traffic speeds, and continuity of the street. These include arterial, collector, and local.

Street Frontage: The linear distance along a property line adjacent to a public or private street.

Street Furniture: Any man-made, aboveground items that are usually found in street rights-of-way, including benches, kiosks, plants, canopies, shelters, lights and phone booths.

Streetscape. The scene that may be observed or the area designed for activity along a street, including both natural and non-natural components, including vegetation, buildings, paving, plantings, lighting fixtures and miscellaneous structures.

Structurally Altered: The making of a substantial change in the construction, identity, and use of the present building.

Structure: Anything constructed or erected that requires location upon or under the ground or attached to something having location upon or under the ground.

Structure, Permanent: A structure that is built of such materials and in such a way that it would commonly be expected to last and remain useful for a period of time.

Structure, Temporary: A structure that is built of such materials and in such a way that it would commonly be expected to have a relatively short life, or is built for a purpose that would commonly be expected to be relatively short, or any structure intended for nonpermanent use or occupancy.

Subdivider: Any person or other entity, or any agent thereof, dividing or proposing to divide realty.

Subdivision: Any division of land, lot, tract, or parcel into two or more lots, parcels, plats, sites, or other division of land for the purpose of sale, lease, offer or development, whether immediate or future. The term "Subdivision" also includes the creation of condominiums, townhome communities, and other forms of airspace ownership or air-right subdivisions, as described and defined in C.R.S. 38-33-101, et seq., as amended.

Surface Water: Water on the earth's surface exposed to the atmosphere as rivers, lakes, or streams.

Swimming Pool: Any structure, portable or permanent, containing a body of water 12 inches or more in depth, intended for recreational purposes, including a wading pool; but not including an ornamental reflecting pool or fish pond or similar type of pool not to be used for swimming or wading.

Tent/Canopy: A temporary structure or enclosure, the roof of which and/or one-half or more of the sides are constructed of silk, cotton, canvas, fabric, or a similar pliable material.

Topography: The configuration of a surface area showing relative elevations.

Trail: A tract of land designated and used by the public for walking, hiking, biking, and/or horseback riding, including a facility for the parking of motor vehicles that provides safe access to the trail (trail head).

Trailer: Any wheeled vehicle, without motive power having an empty weight of more than 2,000 pounds, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure and which is generally and commonly used to carry and transport property over the public highways.

Tree, Evergreen: A plant with foliage that persists and remains green year round, which can be a specific type of large or small tree depending on species.

Tree, Large: A large deciduous (foliage that sheds annually) woody plant that normally grows with a main trunk and has a mature height of 30 feet or more and where the understory is clear of branches and leaves below 10 to 15 feet, resulting in shaded usable areas during spring and summer months, and sunlit useable areas during fall or winter months.

Tree, Small or Ornamental: A small deciduous tree planted primarily for its ornamental value or for screening and which will typically be smaller than a canopy tree approximately 15 to 30 feet in height.

Truck: Any motor vehicle equipped with a body designed to carry property and which is generally and commonly used to carry and transport property over the public highways.

Use: Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or, any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

Variance: A grant of relief from the requirements of this Title that permits construction in a manner that would otherwise be prohibited by this Title.

Vegetative Protection: Stabilization of erosive or sediment producing areas by covering the soil with permanent or short-term seeding, mulching or sodding.

Vehicle: Any device which is capable of moving itself, or being moved, from place to place upon wheels or endless tracks; but such term shall not mean or include any farm tractor or any implement of husbandry designed primarily or exclusively for use and used in agricultural operations, or any device moved by muscular power, or moved exclusively over stationary rails or tracks, or designed to move primarily through the air.

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

Vested Property Right: The right to undertake and complete the type and intensity of development and use of property under the terms and conditions of an approved site-specific development plan for a period of three years from the date of approval. Vested property rights may include the number and type of units or the type and amount of square footage of development described on an approved site-specific development plan, but shall not include any aspect of the site-specific development plan that does not directly affect the type or intensity of use, such as but not limited to signage, landscaping, streets, utilities, parking, or drainage.

Violation: Generally, the failure of a land use, building, structure, or other development to be fully compliant with this Title's requirements.

Visual Barrier: A solid (opaque) vertical surface other than a fence or wall, such as an evergreen hedge or other landscaping that for at least three months of a year has foliage that creates a solid surface.

Wall:

(A)

The vertical exterior surface of a building.

(B)

Vertical interior surfaces that divide a building's space into rooms.

Whip Antenna: An antenna that is cylindrical in shape. Whip antennas can be directional or omnidirectional and vary in size depending upon the frequency and gain for which they are designed.

Window Area: The area of all windows on the first floor of a building that faces or is visible from one public right-of-way.

Work of Art: All forms of original creations of visual art, including but not limited to: (1) sculpture, in any material or combination of materials, whether in the round, bas-relief, high relief, mobile, fountain, kinetic, or electronic; or (2) painting, whether portable or permanently fixed, as in the case of murals; or (3) mosaics; or (4) photographs; or (5) crafts made from clay, fiber and textiles, wood, glass, metal, plastics, or any other material, or any combination thereof; or (6) calligraphy; or (7) mixed media composed of any combination of forms or media; or (8) unique architectural stylings or embellishments, including architectural crafts; or (9) environmental landscaping; or (10) restoration or renovation of existing works of art of historical significance.

Xeriscape: Landscape methods that conserve water through drought-tolerant plants and planting techniques.

Yard: An existing open space, other than a court, on the same lot with a principal building or structure, that is open, and unoccupied by buildings. A "yard," in contrast to a "setback," is the open space on a lot that is established by the actual placement of a principal building and accessory structures; in some cases, the resulting yard may be greater in area than a required minimum setback.

Yard, Front: A yard extending across the full width of the lot between the front lot line and the nearest line or point of the principal building.

Yard, Rear: A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the principal building.

Yard, Required: See definition of "Setback."

Yard, Side: A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot line, as may be.

Zone District: An area within which certain uses of land and buildings are permitted and certain others are prohibited, yards and other open spaces are required, lot areas, building height limits and other requirements are established, all of the foregoing being identical to all of the properties within the zone district.

(Ord. 57-2024, § 1(Att. 01))

The following terms shall have the specific meaning given when used in Chapter 10, Floodplain Regulations.

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

100-Year Floodplain: The area of land susceptible to being inundated as a result of the occurrence of a one-hundred-year flood.

500-Year Flood: 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.

500-Year Floodplain: The area of land susceptible to being inundated as a result of the occurrence of a five-hundred-year flood.

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

Area of Shallow Flooding: A designated AO, AH, or VO zone on the City's Flood Insurance Rate Map (FIRM) with a 1% chance or greater annual chance of flooding to an average depth of 1 to 3 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.

Base Flood: A flood having a one percent chance of being equaled or exceeded in any given year.

Base Flood Elevation (BFE): The elevation shown on a FEMA Flood Insurance Rate Map 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.

Basement: Any area of a building having its floor sub-grade (below ground level) on all sides.

Channel: The physical confine of stream or waterway consisting of a bed and stream banks, existing in a variety of geometries.

Conditional Letter of Map Revision (CLOMR): 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.

Critical Facility: A structure or related infrastructure, but not the land on which it is situated, as specified in EMC § 16-10-6.H that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.

Development: Any manmade 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.

Digital Flood Insurance Rate Map (DFIRM): FEMA digital floodplain map. These digital maps serve as "regulatory floodplain maps" for insurance and floodplain management purposes.

Elevated Building: For insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by (i) foundation walls, shear walls, posts, piers, pilings, columns, or shear walls parallel to the flow of the water and (ii) 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 and openings sufficient to facilitate the unimpeded movement of floodwaters.

Existing Construction: For the purposes of determining flood insurance rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."

Existing Manufactured Home Park or Subdivision: 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 regulations adopted by the City.

Expansion to an Existing Manufactured Home Park or Subdivision: 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).

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

Flood (or Flooding): A general and temporary condition of partial or complete inundation of normally dry land areas from:

(A)

The overflow of inland or tidal waters, and/or

(B)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood Damage Potential: The susceptibility of a specific land use at a particular location to damage by flooding, and the potential of the specific land use to increase off-site flooding or flood related damages.

Flood Insurance Rate Map (FIRM): The official map on which the Federal Insurance Administration has delineated both special flood hazard areas and the risk premium zones applicable to the City of Englewood.

Flood Insurance Study (FIS): The official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.

Flood Profile: A graph or longitudinal profile showing the relationship of the water surface elevation of a flood event to location along a stream or river.

Flood Protection Elevation: An elevation one foot above the elevation of "flood profile" of the 100-year flood under existing channel and floodplain conditions. It is one foot above the elevation of the flood for a special flood hazard area as shown on the City's official Flood Insurance Rate Maps maintained in the office of Public Works.

Floodplain or Flood-Prone Area: 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.

Floodplain Development Permit: A permit required before construction or development begins within any special flood hazard area (SFHA). If FEMA has not defined the SFHA within a community, the community shall require permits for all proposed construction or other development in the community 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 this floodplain management ordinance.

Floodplain Management: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain regulations.

Flood-prone Area: Any land area susceptible to being inundated by water from any source (see definition of flooding).

Floodproofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures, primarily for the reduction or elimination of flood damage to lands, water, and sanitary facilities, structures, and their contents.

Floodway: 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 shall be one-half foot. 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.

Freeboard: 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.

Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic Structure: Any structure that is:

(A)

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;

(B)

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;

(C)

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

(D)

Individually listed on a local inventory or 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.

Letter of Map Revision (LOMR): 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 Elevation (BFEs), or the Special Flood Hazard Area (SFHA).

Letter of Map Revision Based on Fill (LOMR-F): 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.

Lowest Floor: 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 of 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 requirements of Section 60.3 of the National Flood Insurance Program regulations.

Manufactured Home: 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".

Manufactured Home Park or Subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Mean Sea Level: For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1988 or other datum, to which base flood elevations shown on the City's Flood Insurance Rate Map are referenced.

National Flood Insurance Program (NFIP): A federal program that authorizes the sale of federally subsidized flood insurance in participating communities.

Natural Drainage: The pattern of surface and stormwater drainage from a particular site before the construction or installation of improvements or prior to any regrading.

New Construction: For the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain regulation adopted by the City and includes any subsequent improvements to such structures.

New Manufactured Home Park or Subdivision: 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 effective date of floodplain management regulations adopted by a community.

No-Rise Certification: 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).

Recreational Vehicle: A vehicle which is:

(A)

Built on a single chassis;

(B)

400 square feet or less when measured at the largest horizontal projections;

(C)

Designed to be self-propelled or permanently towable by a light duty truck; and

(D)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Special Flood Hazard Area: The land in the floodplain within the City of Englewood subject to a one percent or greater chance of flooding in any given year, i.e. the 100-year floodplain.

Start of Construction: Includes substantial improvement, and means the date the building permit was issued, 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 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 a 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.

Structure: A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed (50% of the market value of the structure before the damage occurred.

Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

(A)

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

(B)

Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Violation: The failure of a structure or other development to be fully compliant with the City's floodplain regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in NFIP Standards Sections 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5), as amended, is presumed to be in violation until such time as that documentation is provided.

Water Surface Elevation: The height, in relation to the National American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplain.

Watercourse: A channel, natural depression, slough, artificial channel, gulch, arroyo, stream, creek, pond, reservoir, or lake in which storm runoff and floodwater flows either regularly or infrequently. This includes major drainageways for carrying urban storm runoff.

(Ord. 57-2024, § 1(Att. 01))

The following terms shall have the specific meaning given when used in Chapter 11, Wireless Communication Facilities.

Alternative Tower Structure. Any man-made trees, clock towers, bell steeples, light poles, water towers, farm silos, or similar alternative design mounting structures that conceal where technically feasible the presence of WCFs to make them architecturally compatible with the surrounding area pursuant to this Chapter. A stand-alone pole in the right-of-way that accommodates Small Cell Facilities is considered an Alternative Tower Structure provided it meets the concealment standards of this Chapter. Alternative Tower Structures are not considered Towers, for the purposes of this Chapter.

Antenna. Any device used to transmit and/or receive radio or electromagnetic waves such as, but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one or more elements, multiple antenna configurations, or other similar devised and configurations.

Antennas, Panel. An array of antennas, rectangular in shape, used to transmit and receive telecommunication signals.

Antenna, Whip. A single antenna that is cylindrical in shape and omni-directional.

Base Station. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The definition of Base Station does not include or encompass a Tower as defined herein or any equipment associated with a Tower. Base Station does include, without limitation:

(A)

Equipment associated with wireless communications services such as private broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul that, at the time the relevant application is filed with the City under this Chapter, has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

(B)

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplied, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks) that, at the time the relevant application is filed with the City under this Section, has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

The definition of Base Station does not include any structure that, at the time the relevant application is filed with the City under this Chapter, does not support or house equipment described in paragraphs (A) and (B) above.

Camouflage or Camouflage Design Techniques. Measures used in the design and siting of Wireless Communication Facilities with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A WCF Site utilizes Camouflage Design Techniques when it (i) is integrated as an architectural feature of an existing structure such as a cupola, or (ii) is integrated in an outdoor fixture such as a flagpole, while still appearing to some extent as a WCF. This definition does not include the use of Concealment design elements so that a facility looks like something other than a wireless Tower or Base Station.

Collocation.

(A)

For the purposes of Eligible Facilities Requests, means the mounting or installation of transmission equipment on an Eligible Support Structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

(B)

For the purposes of facilities subject to shot clocks governed by 47 U.S.C. Sec. 332, means attachment of facilities to existing structures, regardless of whether the structure or location has previously been zoned for wireless facilities.

Concealment. Utilization of elements of stealth design in a facility so that the facility looks like something other than a wireless Tower or Base Station. Language such as "stealth," "camouflage," or similar in any permit or other document required by the Englewood Municipal Code is included in this definition to the extent such permit or other document reflects an intent at the time of approval to condition the site's approval on a design that looks like something else. Concealment can further include a design which mimics and is consistent with the nearby natural, or architectural features (such as an artificial tree), or is incorporated into (including without limitation, being attached to the exterior of such facility and painted to match it) or replaces existing permitted facilities (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not apparent. This definition does not include conditions that merely minimize visual impact but do not incorporate Concealment design elements so that the facility looks like something other than a wireless Tower or Base Station.

Eligible Facilities Request. Any request for modification of an Existing Tower or Base Station that does not Substantially Change the physical dimensions of such Tower or Base Station involving:

(A)

Collocation of new Transmission Equipment.

(B)

Removal of Transmission Equipment.

(C)

Replacement of Transmission Equipment.

A request for modification of an Existing Tower or Base Station that does not comply with the generally applicable building, structural, electrical, and safety codes or with other laws codifying objective standards reasonably related to health and safety, or does not comply with any relevant federal requirements, is not an Eligible Facilities Request.

Eligible Support Structure. Any Tower or Base Station as defined in this Section, provided that it is Existing at the time the relevant application is filed with the City under this Chapter.

Equipment Cabinets. A cabinet or building used to house equipment used by wireless communications providers at a Wireless Communications Facility. This definition does not include relatively small electronic components, such as remote radio units, radio transceivers, amplifiers, or other devices mounted behind antennas, if they are not used as physical containers for smaller, distinct devices.

Existing. For purposes of this Chapter, a constructed tower or base station that was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable law as of the time of an eligible facilities request, provided that a tower that exists as a legal, non-conforming use and was lawfully constructed is existing for purposes of this definition.

OTARD (over the air receiving device) means:

(A)

An antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one meter or less in diameter; or

(B)

An antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instruction television fixed services, and local multipoint distribution services, and that is one meter or less in diameter or diagonal measurement; or

(C)

An antenna that is designed to receive television broadcast signals. OTARD antenna structure: Any pole, tower, or other structure designed and intended to support an OTARD Antenna.

Related Accessory Equipment. The transmission equipment customarily used with, and incidental to Wireless Communication Facilities antennas, including by way of example, coaxial or fiber-optic cable, regular and backup power supply and remote radio units.

Right-of-Way. In the context of Chapter 11, any public street or road that is dedicated to public use for vehicular traffic except for those rights-of-way owned by the Colorado Department of Transportation within the City limits.

Site. In the context of this Chapter, for towers and eligible support structures, a site means the current boundaries of the leased or owned property surrounding the tower or eligible support structure and any access or utility easements currently related to the Site. For alternative tower structures, base stations and small cell facilities in the right-of-way, a site is further restricted to that area comprising the base of the structure and to other related accessory equipment already installed on the ground.

Small Cell Facility. A Wireless Communications Facility where each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and primary equipment enclosures are no larger than 17 cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosure, back-up power systems, grounding equipment, power transfer switch and cut-off switch.

Substantial Change. A modification substantially changes the physical dimensions of an eligible support structure if after the modification, the structure meets any of the following criteria:

(A)

For towers, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, as measured from the top of an existing antenna to the bottom of a proposed new antenna; for other eligible support structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater, as measured from the top of an existing antenna to the bottom of a proposed new antenna;

(B)

For towers, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

(C)

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, as determined on a case-by-case basis based on the location of the eligible support structure but not to exceed four cabinets per application; or for base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;

(D)

It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site.

(E)

For any Eligible Support Structure, it would defeat the Concealment elements of the Eligible Support Structure by causing a reasonable person to view the structure's intended stealth design as no longer effective;

(F)

For any Eligible Support Structure, it does not comply with record evidence of conditions associated with the siting approval of the construction or modification of the Eligible Support Structure or Base Station equipment, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in paragraphs (A), (B), and (C) of this definition.

For purposes of determining whether a substantial change exists, changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally, such as on building rooftops; in other circumstances, changes in height are measured from the dimensions of the tower or base station, inclusive of approved appurtenances and any modifications that were approved prior to February 22, 2012.

Tower. Any structure that is designed and built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated Site. The term includes radio and television transmission towers, self-supporting lattice towers, guy towers, monopoles, microwave towers, common carrier towers, cellular telephone towers and the like. Alternative tower structures and small cell facilities in the rights-of-way are not towers.

Transmission Equipment. Equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Wireless Communications Facility or WCF. A facility used to provide personal wireless services as defined at 47 U.S.C. Section 332 (c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the EMC. A WCF includes an antenna or antennas, including without limitation, directions, omni-directions and parabolic antennas, base stations, support equipment, small cell facilities, alternative tower structures, and towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or handheld radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of Chapter 11.