Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this Chapter shall have the meaning indicated when used in this Title. Words, phrases and terms not defined in this chapter but defined elsewhere in this title shall be construed as defined in such title. Words, phrases and terms neither defined herein nor elsewhere in this Title shall be given usual and customary meanings except where the context clearly indicates a different meaning.

Accent lighting means directional lighting to emphasize a particular object.

Accessory building or structure means a building or structure located upon the same lot as the principal building or structure to which it is associated, and which is incidental to and customarily found in connection with such principal building or structure, and which is not to be used for human habitation, including but not limited to garages and other buildings for storage.

Administrative, decision or process means a process or decision that is made at the city staff level, not by a hearing body. Typically, this term refers to an approval or interpretation by staff or the Director or other administrative personnel assigned by the City Manager.

Accessory use means a use customarily incidental and subordinate to the main use of the lot, building or structure, and which does not alter the principal use.

Agreement means a master license agreement (MLA) for small cell facilities in the public right-of-way and further defined in the master license agreement.

Agriculture means the production of crops such as vegetables, fruit trees, grain, plants, shrubs, vines or flowers; the growing of trees and shrubs for commercial landscape purposes, ranching, riding stables without arenas, and similar uses and activities.

Alley means a minor way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

Applicant means the owners or lessees of property, their agent, or persons who have contracted to purchase property, or the City or other quasi-governmental entity that is proposing an action requiring review and approval by one or more of the sections in this title. An applicant may subsequently become the Developer once approval is granted and, in this case, the terms shall be interchangeable.

Aquifer means a water-bearing layer of sand, gravel or porous rock.

Art, dance, music studio means an establishment engaged in the creation of arts or crafts but may also serve for dance rehearsals and music rehearsals. Such an establishment may participate in periodic open studios or concerts, but otherwise is subject to the applicable district's requirements for incidental sales of goods made on site.

Articulation means the manner in which contiguous shapes are joined or formed to clarify or emphasize certain elements of the structure.

Articulation, horizontal means a method of breaking up the vertical appearance of a structure through varying horizontal planes.

Articulation, vertical means a method of breaking up the horizontal appearance of a structure through varying vertical planes.

Awning means a roof-like cover of canvas, metal, or other material extending in front of and over a door, window or deck to provide protection from weather.

Belt course means a continuous row or layer of stones, tile brick, or shingles, etc. in a wall often used to separate floors of a built structure.

Block means a group of platted lots and tracts connected as a distinct subset of the development pattern, and surrounded by streets or by other features that interrupt the street network such as parks, railroad rights-of-way, or municipal boundary lines; or the perimeter of all lots fronting on the street in the case of a cul-de-sac.

Buffer means an area of a site used to promote separation and enhance compatibility between land uses of different intensities, and using space, landscape, or the arrangement of buildings and structures, or any combination of these, to create separation or mitigate impacts.

Building means any structure built for the shelter or enclosure of persons, animals, chattels, property or substance of any kind, excluding fences. The word building includes the word structure.

Building footprint (building coverage) means that area or portion of a lot which is occupied or covered by all buildings on that lot.

Building frontage means the horizontal linear dimension of the façade of that portion of a building occupied by a single use or occupancy, for the purposes of allocating signs and other design requirements.

Building height means the height as measured from the average surrounding grade of the footprint of a building to the midpoint of a pitched roof or highest point of a flat roof.

Building scale means the size and proportion of a building relative to surrounding buildings and environs, adjacent streets, and pedestrians.

Building unit means a building used for residential purposes, or any building that is used for business or commercial purposes that is normally occupied during working hours.

Canopy, tree means the more or less continuous cover of branches and foliage formed collectively by the crown of one (1) or more trees.

Carport means a structure that is not fully enclosed and which is accessory to a residence or residences and capable of being used for storage of one (1) or more vehicles.

Carrier space means space on or within the poles that can be used, as defined in the City's electric standards and all other standards adopted in the Evans Municipal Code, for the attachment or placement of wires, cables, small cell facilities, and associated equipment for the provision of communications services or electric services. The neutral zone or safety space is not considered carrier space.

Change of use means a use that substantially differs from the previous use of a building or land and which may affect such things as parking, drainage, circulation, traffic, landscaping, building configuration, utility demands, noise, or lighting. A change of ownership which does not include any of the factors listed above shall not be considered a change of use.

City means the City of Evans, Colorado.

City Council or Council means the City Council of the City of Evans, Colorado.

Clustered; clustered development means a development technique which concentrates buildings on a portion of a site, so that the remaining land may be used for common area or open space.

Colonnade means a series of regularly spaced columns, usually supporting one (1) side of a roof structure.

Commercial residence means establishments for the housing of transient residences such as motels, hotels and tourist homes, except for living quarters of the operators.

Common space means space on the poles that is not used for the placement of wires or cables but which jointly benefits all users of the poles by supporting the underlying structure and/or providing safety clearance between attaching entities and electric utility facilities.

Comprehensive Plan means a plan for guiding and controlling the physical development of land use and circulation facilities in the City, and any amendment or extension of such a plan.

Consumer means any person contacted as a potential purchaser, lessee or renter, as well as one who actually purchases, leases or rents property in the subdivision.

Cornice means a continuous, molded projection that crowns a wall or other construction.

Court means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by walls of a building.

Coverage means land area which is covered with impervious surfaces, such as buildings, patios or decks with roofs, carports, swimming pools, tennis courts, or land area covered by any other type of structure, including parking lots.

Crosswalk or walkway means a right-of-way dedicated to public use, to facilitate pedestrian access through a subdivision block.

Dead-end parking lot means a parking lot having only one (1) outlet and no area at the closed end for vehicles to turn around.

Dead-end sidewalk means a sidewalk that terminates abruptly with no connection to another sidewalk or pedestrian walkway.

Dead-end driveway means a driveway having only one (1) outlet and no area at the closed end for vehicles to turn around.

Dedication means a grant by the owner of a right to use land to the public in general or to the City, involving a transfer or conveyance of property rights, and an acceptance of the dedicated property by the appropriate public agency.

Developer means any person, partnership, joint venture, association, or corporation or other legal entity who or which shall participate as owner, promoter, designer, builder, or sales agent in the planning, platting, development, promotion, sale, or lease of a subdivision. Interchangeable with "Applicant" for the purposes of this Code.

Development means any construction or activity which changes the basic character or the use of improved or unimproved real property, as determined in accordance with the provisions of Title 18 of this code. These activities include, but are not limited to grading, paving, mining, excavating, and/or construction; moving vehicles, equipment or structures on site; making a substantial improvement to an existing structure, or the addition of a new structure; or a change in use of a building or the property. Development may necessitate a land use permit and/or other permits to be issued by the City of Evans. Development in Evans requires compliance with development standards of this Title.

Dwelling, condominium means a building, or group of buildings, in which at least three (3) dwelling units, offices, or commercial areas are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.

Dwelling, multifamily means a building with individual sanitary and eating facilities, occupied by two (2) or more families living independently of each other on a more or less permanent basis, but not including congregate residences and similar group accommodations.

Dwelling, single-family means a detached principal building, designed and intended to be occupied by not more than one (1) family with common access and use of eating and sanitary facilities.

Dwelling, townhouse means single-family attached dwelling of two (2) or more units but not more than six (6) dwelling units per structure, with each unit having separate eating and sanitary facilities, utility services, access, required parking for each of the units; no unit is located over another unit.

Dwelling, two-family means a building occupied by two (2) families living independently of each other with separate eating and sanitary facilities on a more or less permanent basis.

Dwelling unit means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the International Building Code, for not more than one (1) family, or a congregate residence for ten (10) or fewer persons.

Easement means a right to land generally established in a real estate deed, on a recorded plat or agreement, to permit the use of land by the public, a corporation, or particular person for specified uses.

Evans Municipal Code means City of Evans Municipal Code, and any regulations promulgated thereunder.

Evidence means any map, table, chart, contract or any other document or testimony prepared or certified by a qualified person to attest to a specific claim or condition, which evidence must be relevant and competent, and must support the position maintained by the subdivider.

FAA means the Federal Aviation Administration.

Factory-built housing means a dwelling which is partially or entirely manufactured in a factory and designated for long-term residential use; built in multiple sections. Factory built homes must be constructed to the standards of the State of Colorado Factory Built Construction Certification Code (8 CRR 1302-3) and bear a certification insignia in compliance with those standards.

Family means an individual living alone, or any number of persons living together as a single household, who are interrelated by blood, marriage, adoption or other legal custodial relationship; or not more than three (3) unrelated adults and any number of persons related to those unrelated adults by blood, adoption, guardianship or other legal custodial relationship. For the purpose of this definition, a bona fide employee of the family who resides in the dwelling unit and whose live-in status is required by the nature of their employment is a member of the family, but this exception shall allow only two (2) employees per dwelling unit.

Fence means an artificially constructed barrier or combination of materials erected vertically to enclose or screen areas of land.

Fixture, lighting means a complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.

Flammable and/or combustible liquids and gases, storage means the storage and handling of bulk gasoline and bulk flammable fertilizer, propane, natural gas or other flammable liquids or gases.

Floodplain means an area which is adjacent to a stream or watercourse and which is subject to flooding as a result of the occurrence of an intermediate regional flood, and which is so adverse to past, current or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. This term includes, but is not limited to, mainstream floodplains, debris fan floodplains and dry wash channels and floodplains.

Flowline means a segment of pipe transferring oil, gas, or condensate between a wellhead and processing equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public Utilities Commission regulated gathering line, or a segment of pipe transferring produced water between a wellhead and the point of disposal, discharge, or loading. This definition of flowline does not include a gathering line.

Food shall mean a raw, cooked or processed edible substance, ice, beverage or ingredient used or intended to be used or for sale in whole or in part for human consumption.

Fully-screened means a combination of fencing, structures, or landscape features and plantings used to visually hide or obscure an object, structure, or use, typically from adjacent properties, trails and street views, which must substantially conceal the object, structure, or use to the full height, with minor exceptions for required driveways or other reasonable spaces between buildings.

Garage means a fully-enclosed structure accessory to a residence or residences and capable of being used for storage of one (1) or more vehicles, i.e., having a garage door.

Garage, alley-loaded means a garage that is accessed from an alley and not from a street.

Garage, front-facing means a garage with vehicular doors generally parallel to the front property line.

Garage, side-loaded means a garage with vehicular doors generally perpendicular to the front property line.

Hazardous substance means any substance, chemical or waste that is identified as hazardous or toxic in any applicable federal, state or local law or regulation, including but not limited to petroleum products and asbestos.

Height means the vertical measurement from the surrounding grade at the base of a structure to its highest point or, for pitched roofs, to the midpoint between the eaves and the highest point of the roof.

Home occupation means an occupation, profession, activity or use conducted within a residential dwelling unit that is incidental and secondary to the use of the residential dwelling unit, which does not alter the exterior of the property or affect the residential character of the residential neighborhood.

Hospital means a state or federal certified facility providing health services primarily for in-patients and medical or surgical care of sick and/or injured humans, including, as an integral part, such related facilities as laboratories, out-patient services, urgent care facilities, rehabilitation and recovery services, training facilities, central service facilities and staff offices.

Human scale means the proportion of a building element or space relative to average human size.

Impervious surface means any surface made of asphalt, concrete, brick, pavers, stone, or similar material which does not readily absorb water.

Improvements means street grading, street surfacing and paving, curbs and gutters, street lights, street signs, sidewalks, water mains and lines, water meters, fire hydrants, sanitary sewers, storm drainage facilities, culverts, bridges, public utilities or other installations as designated by the City Council or its specified approving authority.

Interference means physical interference and radio frequency interference.

Internal circulation means a continuous network of sidewalks, pathways, and driveways within a site or within multiple sites.

Junk means garbage and all other waste matter, or discarded or unused material such as, but not limited to, salvage materials, scrap metal, scrap materials, bottles, tin cans, paper, boxes, crates, rags, used lumber and building materials; manufactured goods, appliances, fixtures, furniture, machinery, motor vehicles or other such items which have been abandoned, demolished or dismantled, or are in such a condition as to be unusable for their original use, but may be used again in present or different form for a new use; discarded or inoperable vehicles, machinery parts and tires; and other commonly considered to be refuse, rubbish or junk.

Land Development Code means Title 18 of the Evans Municipal Code.

Landscaping buffer means a landscape area located along the perimeter of a lot intended to screen or separate land uses either from one another or from a public street.

Landscaping, front lot means the landscaping particular to the front lot line or any line that abuts a street. On a corner lot, the front lot line is the shortest of the lot lines that abut a street. If two (2) or more street lot lines are of equal length, the applicant or property owner can choose which lot line is to be the front.

Lateral sewer means a sewer which discharges into another sewer and has only building sewers tributary to it.

Laws means all applicable federal, state, and local laws, statutes, constitutions, code, City of Evans Home Rule Charter, ordinances, resolutions, regulations, judicial decisions, rules, permits, approvals or other applicable requirements of the licensor or other governmental entity, agency or judicial authority having the force and effect of law that determines the legal standing of a matter relating to the parties and/or the master license agreement.

Licensee means any person who holds a master license agreement or site plan permit to site, install, construct, collocate, modify, maintain, and operate a wireless communications facility in the public right-of-way.

Livestock trailer washout means a property where trailers used for hauling livestock are washed.

Living plant material includes, but is not limited to, deciduous and coniferous trees, shrubs, vines, perennial plants, cacti, succulents, sod, and native and ornamental grasses. Also includes annual plants provided new plants are planted each year.

Lot means the unit into which land is divided on a subdivision plat or deed, with the intention of offering such unit for sale, lease or separate use, either as an undeveloped or developed site, regardless of how it is conveyed. Lot shall also mean parcel, plat, site or any similar term.

Lot area means the total area within the lot lines of a lot, excluding any street rights-of-way.

Lot, corner means a lot abutting on and at the intersection of two (2) or more streets (public rights-of-way).

Lot depth means the average distance measured from the front lot line to the rear lot line.

Lot, double frontage means a lot having a frontage on two (2) nonintersecting streets.

Lot, front means the area of a property between the principal structure and the front lot line.

Lot frontage means the length of front lot line measured at the street(s) right-of-way line.

Lot line, front means the property line dividing a lot from a street. On a corner lot only one (1) street lot line, which generally has the shortest street frontage, shall be considered as a front line.

Lot line, rear means the property line opposite the front lot line.

Lot line, side means any lot lines other than front or rear lot lines.

Lot line, zero means the location of a building on a lot in such a manner that one (1) or more of the building's sides rest directly on a lot line, provided that separations or setbacks between buildings meets all applicable building and fire code provisions.

Lot or property pin means a marker established by certified land survey and set by a land surveyor registered in the State of Colorado to establish accurate location of property lines.

Lot, reverse-frontage means a lot which extends continuously between two (2) parallel, or approximately parallel, streets bounding a block, and which is abutted along one (1) street frontage by an easement for screen planting. A block containing reverse-frontage lots is composed of one (1) tier of lots rather than the standard two (2) tiers.

Lot width means the distance between the side lot lines, measured congruent with the front lot line.

Manufactured home means any dwelling which is: 1) partially or entirely manufactured in a factory, 2) is not less than twenty-four (24) feet in width and thirty-six (36) feet in length; 3) is installed on an engineered permanent foundation; 4) has brick, wood, or cosmetically equivalent exterior siding and a pitched roof; 5) and is certified pursuant to "National Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.C. 5401 et seq. as amended.

Manufacturing/assembly plant means an establishment engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembly of component parts, the creation of products, the blending of materials, and other similar uses.

Massing means the relationship between various masses or volumes of a building or structure.

Master license agreement means an agreement entered into between an applicant and the City which governs all of the applicant's installation, construction, and maintenance of small cell wireless communications facilities in the public right-of-way.

Mini storage units mean buildings containing limited size storage areas not to exceed three hundred (300) square feet per unit; designed and used for the keeping of personal property, goods and similar articles of merchandise. Hazardous materials such as flammable liquids, flammable gases and toxic chemicals shall be prohibited.

Mobile home means a manufactured home produced prior to June 15, 1976. No mobile homes are allowed within the City of Evans.

Molding means any of various long, narrow, ornamental surfaces with uniform cross sections.

Motor vehicle means a vehicle required to be registered under C.R.S., Title 42.

Multi-planed means having more than one (1) plane visible from each side of a building.

Museum means a building in which objects of historical, scientific, artistic, or cultural interest are stored and exhibited.

National Cooperative Soil Survey means the soil survey conducted by the U.S. Department of Agriculture in cooperation with the State Agricultural Experiment Stations and other federal and state agencies.

Natural area means aquatic or terrestrial habitats or areas which exist in their natural condition, and which have not been significantly altered by human activity, or which have been restored to as close to their natural condition if disturbed previously by human activity.

Network, or collectively networks, means one or more of the wireless communications facilities operated by a wireless carrier to serve its customers.

Nonconforming means a condition of property which was lawfully established or constructed prior to the effective date of this chapter and which does not conform to the requirements of these regulations.

Off-street parking space means the space required to park one (1) passenger vehicle on private land.

Oil and gas facility means equipment or improvements used or installed at an oil and gas location for the exploration, production, withdrawal, treatment, or processing of crude oil, condensate, E&P waste, or gas. Oil and gas facility may also be referred herein in certain circumstances synonymously as "facility."

Oil and gas location means a definable area where an operator has disturbed, or intends to disturb, the land surface to locate an oil and gas facility. Oil and gas location may also be referred to herein in certain circumstances synonymously as "disturbance area" or "location."

Oil- and gas-related uses means all uses related to the procurement, transfer, storage, and sale of crude oil and natural gas resources. These uses include but are not limited to equipment storage yards, production sites (including oil tanks, well heads, VCU equipment, pig launchers, pig receivers, meter equipment, and separators), injection wells, compressor stations and transfer stations.

Open space means the land which is used for growing grass, shrubs, trees, plants, or flowers or is covered by decorative rock or stone or wood chips, or is otherwise xeriscaped/landscaped. It is not open space if it is overlaid by buildings, patios, signs, driveways, tennis courts, swimming pools, car ports, paved or graveled areas designed primarily for vehicle parking, or areas covered by any other type of structure or impervious surface. Areas which contain less than one hundred (100) square feet, or have any dimension of less than five (5) feet or which fall within the projected roof area of any building, shall not be considered open space.

Operator means an individual, partnership, company or corporation holding a mineral interest in property and exercising that interest through oil and gas drilling on that property.

Outlot means a parcel or parcels of land designated on a plat, and intended to be further subdivided before development at some point in the future, but which may be initially created under single ownership through a subdivision process.

Overlay zoning district means an area where certain additional requirements are superimposed upon a base zoning district or underlying district, and where the requirements of the base or underlying district may or may not be altered.

Owner means a person with a legal or equitable interest in ownership of real or personal property.

Parcel means a unit or contiguous units of land used by the county assessor to identify taxable property, typically referring to unplatted land, in the possession of, or recorded as the property of one person, partnership, joint venture, association or corporation, or other legal entity.

Pedestrian plaza means an open space, generally open to the public, usually surrounded by buildings and/or streets and improved with an impervious surface.

Permanent monument means any structure permanently placed on or in the ground, including those expressly placed for surveying reference.

Permit means a permit issued and described in accordance with the Municipal Code, which is used to regulate, monitor, and control the improvement, construction, or excavation activities, or other work or activity, occurring upon or otherwise affecting City's right-of-way, including right-of-way use, zoning, building, and electrical permits.

Person means any corporation, limited liability company, partnership, proprietorship, individual, or organization, governmental organization, or any natural person.

Physical interference means equipment, vegetation, or a structure which causes reduced use of another's prior mounted equipment, or an obstruction in a necessary line-of-sight path.

Planned unit development (PUD) means an area of land, improved as a residential development, or a combination of uses such as residential, educational, recreational, commercial and industrial, in which normal restrictions of lot sizes, setbacks, densities, land uses, and other criteria may be relaxed in return for development conformance to an approved plan for the total parcel.

Plan, concept means a map of a proposed subdivision, drawn and submitted in accordance with the requirements of adopted regulations, to evaluate feasibility and design characteristics at an early state in the planning.

Plan, preliminary means the map or maps of a proposed subdivision, and specified supporting materials, drawn and submitted in accordance with the requirements of adopted regulations, to permit the evaluation of the proposal prior to detailed engineering and design.

Plat, final means a map and supporting materials of certain described land, prepared in accordance with subdivision regulations, as an instrument for recording of real estate interests with the County Clerk and Recorder.

Plugged and/or abandoned oil and/or gas well means the permanent plugging of an oil and or gas well, the removal of its associated production facilities and the abandonment of its flowlines.

Public property means real property owned or controlled by the City, excluding the public right-of-way.

Real property means any property that is attached directly to land, as well as the land itself. Real property not only includes buildings and other structures, but also rights and interests.

Reasonably feasible means capable of being accomplished or brought about without undue burden or hardship, whether financial or otherwise.

Recessed window or door means a door or window which exterior plane is offset from the exterior wall by at least twelve (12) inches inward.

Recreational vehicle means a transportable structure that is primarily designed for seasonal recreational/vacation, camping and travel uses including, but not limited to, boats, travel trailers, campers, snowmobiles, motorcycles, self-propelled motor homes, and similar vehicles/units.

Replacement value means the amount it would cost to replace a structure or restore a site to its previous condition considering all aspects of the investment at their current market costs. This amount may be based on estimates or where discrepancies exist the average of three independent estimates, in the sole discretion of the City.

Reservation means a legal obligation to keep property free from development for a stated period of time, not involving any transfer of property rights.

Residential building unit means a building or structure designed for use as a place of residency by a person, a family, or families. The term includes manufactured, mobile, and modular homes, except to the extent that any such manufactured, mobile, or modular home is intended for temporary occupancy, or for business purposes.

Replat means the changing of any existing lot or lots of any subdivision plat previously recorded with the County Clerk and Recorder.

Rights-of-way or right-of-way shall mean any public street, way, alley, sidewalk, median, parkway, or boulevard that is dedicated to public use.

Roadway means that portion of the street right-of-way designed for vehicular traffic.

Roof, flat means a roof having a slope of less than 1:12, with one (1) being the rise and twelve (12) being the run.

Roof, pitched means a roof having a pitch of at least 1:12, with one (1) being the rise and twelve (12) being the run.

Roof plane means the portion of a roof, whether flat or pitched, by which a straight line would pass through continuously.

Roofline means the profile of or silhouette made by a roof or series of roofs.

Setback means the required unoccupied and unobstructed space, other than landscaping, that lies between a structure and the nearest lot line from the ground upward, except as may be specifically provided in this Title.

Setback, corner side means the space extending from the front yard to the rear yard, between a structure and a right-of-way, and measured perpendicular from the side lot line to the closest point of the structure.

Setback, front means a space extending the full width of the lot, between the front line of a structure and the edge of right-of-way measured perpendicular to the structure at the closest point to the front lot line.

Setback, interior side means the space extending from the front yard to the rear yard, between a structure and the side lot line, not a right-of-way, and measured perpendicular from the side lot line to the closest point of the structure.

Setback, rear means a space extending across the full width of the lot, between a structure and the rear lot line, and measured perpendicular to the structure to the closest point of the rear lot line.

Shared driveway means a driveway that serves two (2) or more lots in order to reduce the number of access points onto a public roadway.

Shared parking means the development and use of parking areas on two (2) or more separate properties for joint use by the businesses or residents on those properties.

Staff supervised residential facilities means a state licensed facility or group of buildings, used to provide twenty-four-hour supervised residential group care for children between ages three (3) and eighteen (18) years old, and for those persons under twenty-one (21) years old who are placed by court order prior to their eighteenth birthday; not intended for placement of violent or repeat offenders.

Street means any street, avenue, boulevard, road, lane, parkway, alley or other way for the movement of vehicular traffic, which is in an existing state, county, or municipal right-of-way; or, a street or way shown upon a plat, heretofore approved, pursuant to law, or approved by official action, and includes the land between street lines, whether improved or unimproved.

Stub street means a street or road extending from within a subdivision boundary and terminating there with no permanent vehicular turnaround. Stub streets are provided to permit adjacent undeveloped parcels of land, to be developed later, with an adjacent connecting street system.

Storage/utility shed means a detached accessory structure, not more than one hundred twenty (120) square feet in extended roof area, used to store tools and equipment such as, but not limited to, lawn mowers, bicycles, garden tools, and similar chattels related to the primary permitted use located on the same lot.

Structure, telecommunication means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services).

Structure, means anything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground, including, but not limited to signs, accessory buildings, or similar uses.

Subdivision means the division of any land into two (2) or more lots, parcels, tracts, plats, sites or separate interests, or such other division, for the purpose, whether immediate or future, of sale or transfer of ownership, or for building or other development, or for the creation of streets or other rights-of-way. Subdivision shall also mean the consolidation, aggregation, and reconfiguration of lots. Unless otherwise specified, the term subdivision does not apply to any of the following divisions of land:

A.

Division or consolidation of lots in which all lots are greater than thirty-five (35) acres, either before or after the action.

B.

Lots created by order of a court of competent jurisdiction in this state or by operation of law, provided that the City is given notice of, and an opportunity to participate in, any judicial proceedings prior to the entry of any such court order;

B.

Lots created for separate but undivided interests in a tract of land such as joint tenancy, tenancy in common, tenancy in entirety, trust, lien mortgage, deed of trust or other security interest, unless such separate interests apply to less than all of the tract;

C.

Lots created for cemetery lots;

D.

Lots created for an interest in oil, gas, minerals or water which is severed from the surface ownership or real property; or

E.

Lots created for a utility easement or an easement unrelated to the use of the surface estate.

Substantial improvement means any change to an existing improvement that causes the size, height, or area to increase by fifty percent (50%) or more, or which costs fifty percent (50%) or more of the market value of the improvement prior to the change.

Taxidermy means the business of preparing, stuffing, and mounting the skins of animals to make them appear life-like.

Telecommunication facility, see Chapter 18.10.

Temporary means a period of twelve (12) months or less.

Term means the period that the master license agreement is in effect as described in the master license agreement.

Theater means a building, or part thereof, devoted primarily to the showing of motion pictures or for dramatic, dance, musical, or other live or cultural performances.

Toll or tolling shall be to delay, suspend or hold-off on the imposition of a deadline, statute of limitations or time limit.

Trailer shall mean an object with wheels, but without an engine, and designed to be towed by a vehicle, including, but not limited to, travel trailers, trailer homes, boat trailers, utility trailers, horse trailers and trailers for hauling snowmobiles, motorcycles, etc.

Use means any purpose for which a structure or a tract of land is designed, arranged, intended, maintained or occupied; also, any activity, occupation, business or operation which is conducted in or on a structure or on a tract of land. The term may also be referred to herein as "land use."

Well means an oil or gas well, a hole drilled for the purpose of producing oil or gas (including non-hydrocarbon gases such as carbon dioxide and helium), a class II UIC well, a stratigraphic well, a gas storage well, or a well used for the purpose of monitoring or observing a reservoir, as defined by the State of Colorado Oil and Gas Conservation Commission.

Wireless communication facility, see Chapter 18.10.

Yard means the space that lies between the principal building and the nearest lot line.

Yard, front a space extending the full width of the lot, between the front line of the principal building and the edge of right-of-way measured perpendicular to the building at the closest point to the front lot line.

Yard, rear means a space extending across the full width of the lot, between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.

Yard, side means the space extending from the front yard to the rear yard, between the building and the side lot line, and measured perpendicular from the side lot line to the closest point of the principal building.

Yard, corner side means the space extending from the front yard to the rear yard between, the building and the side lot line, abutting a street, and measured perpendicular from the side lot line to the closest point of the principal building.

(Ord. 804-23, § 2(Exh. A), 2023)