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

A.

The particular controls the general.

B.

The word "shall" is always mandatory and not directory. The word "may" is permissible.

C.

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

D.

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

(Ord. 11-2005 (part), 2005).

A.

The list of specific words and terms set out in this chapter are defined as set out in this chapter.

B.

Further clarification of words and terms can be obtained by referring to the topic in which they are explained within the context of this title.

(Ord. 11-2005 (part), 2005).

As used in this chapter:

"Abutting or adjacent" means contiguous to and sharing a common boundary without being separated by a street, alley, or other public property.

"Accessory structure or use" means a structure or use incidental or subordinate to the main use of the property, including a home occupation which is located on the same lot or contiguous lot in the same ownership with the main use.

"Adult use" means a "sexually oriented business" as defined in this chapter.

"Airport" means a place on land or water where aircraft land to discharge or receive cargo and passengers, make repairs or take on fuel.

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

"Altered" means any alteration to a building or structure which will change any one (1) or more of the external dimensions of such building or structure, or to make any change in the supporting members to the type of construction of the exterior wall or roof thereof. When used in reference to use, it shall mean to discontinue and replace the existing use with a use which is defined in this chapter as being distinct from the discontinued use.

"Animal clinic" means any veterinary office in which veterinary medicine is practiced by or under the direct supervision of a Colorado licensed veterinarian, and does not include overnight boarding of animals.

Animal Hospital. See "Veterinary hospital."

"Apartment" means a part of a building consisting of a room or suite of rooms intended, designed or used as a residence by an individual or single-family and located in a multiple-family dwelling or other structure meeting the requirements of this title.

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

"Attached building" means a building which is connected to another building by a roof which exceeds six (6) feet between opposite open ends.

Auto Storage Yard. See "Vehicle storage yard."

"Automobile parking garage" means a structure used for parking or storage of cars or light trucks (one and one-half (1½) tons or less), and open to the general public, customers or employees. All vehicles must be licensed and in legal operating condition.

"Automobile parking lot" means a portion of one (1) or more contiguous parcels used for parking or storage of cars or light trucks (one and one-half (1½) tons or less), and open to the general public, customers or employees. All vehicles must be in legal operating condition.

"Backyard poultry" means the keeping or sheltering of female chickens and ducks.

Bank, Drive-In. "Drive-in bank" means a financial institution, including structures designed to contain an automatic teller machine, designed to provide financial services to patrons.

"Bed and breakfast home" means an owner occupied and operated, single-family residence where no more than three (3) guest bedrooms are rented to the general public on a nightly basis and where a breakfast meal is provided only to registered guests. (See Section 17.64.030, Bed and breakfast performance standards.)

"Boardinghouse/roominghouse" means a building other than a hotel, motel, bed and breakfast or restaurant where, for compensation, lodging and meals are provided for boarders and roomers, usually for an extended period of time. One (1) on-site parking space shall be provided for each lodging room, plus one (1) space for each employee. (See Chapter 17.68, Off-Street Parking and Loading for additional requirements.)

"Building" means a roofed structure with any portion more than thirty (30) inches above original ground surface built for the shelter of persons, animals, property or substances of any kind, excluding fences.

"Building area" means that portion of the lot that can be occupied by the principal use, excluding the front, rear and side yards.

"Building coverage" means any area or portion of a lot which is covered by all buildings on that lot.

"Building height" means the vertical distance above a reference datum measured to the highest point of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

1.

The elevation of the highest adjoining sidewalk or ground surface within a five (5) foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten (10) feet above lowest grade;

2.

An elevation ten (10) feet higher than the lowest grade when the sidewalk or ground surface described in subsection 1 of this definition is more than ten (10) feet above lowest grade.

The height of a stepped or terraced building is the maximum height of any segment of the building.

"Bulk regulations" mean regulations controlling the size of structures and the relationship of structures and uses to each other and to open areas and lot lines. Bulk regulations include regulations controlling:

1.

Maximum height;

2.

Maximum lot coverage;

3.

Minimum yard size and setback.

"Bush" means a shrub or low woody plant with branches near the ground level.

"Business support/sales/rental service shops" mean a business such as a bank, credit union, mortgage lender, insurance provider, stock brokerage, answering service, provider of temporary employees, office equipment rental or repair enterprise, copy shop, or similar business that provides support to other businesses.

"Car wash" means a site where motor vehicles trucks and other vehicles and trailers are washed on a fee paid basis by self-serve or on-site employees.

"Cemetery" means land used for the interment of dead humans or animals, including columbariums, crematoriums, mausoleums and mortuaries, when operated in conjunction with and located on the same premises as the cemetery.

"Child care center" means a facility, by whatever name known, which is maintained for the whole or part of a day for the care of five (5) or more children under the age of sixteen (16) years and not related to the owner, operator, or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes facilities commonly known as day care centers, day nurseries, nursery schools, kindergartens, preschools, play groups, day camps, summer camps, and centers for developmentally disabled children and those facilities which give twenty-four (24) hour care for dependent and neglected children and includes those facilities for children under the age of six (6) years with stated educational purposes operated in conjunction with public, private, or parochial college or a private or parochial school; except that the term shall not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system or at least six (6) grades or to any preschool established pursuant to the provisions of Article 28 of Title 22, CRS, which is maintained in connection with a public school systems of at least six (6) grades so long as the school systems is not also providing extended day services. The term shall not include any facility licensed as a family care home or employer-sponsored on-site child care center under the provisions of state statutes. (Source: CRS 26-6-102(1)(a), as amended).

"City Manager" means the City Manager of the City of Florence or his or her designee.

"Cleaning and laundry plant" means an establishment that provides bulk cleaning services for laundry and fabric.

"Cold storage locker" means an establishment that provides protected on-site storage of items prone to damage by uncontrolled temperature, insects, or environmental elements.

Colorado Revised Statutes (CRS). Such abbreviation refers to the Colorado Revised Statutes, as amended.

"Commercial vehicles" mean and include, but is not limited to trucks with a rated capacity of over one and one-half (1-½) tons, semi-trailers and mobile machinery of more than one-half (½) ton gross weight.

"Comprehensive plan" means the Master Plan for the City of Florence, 1992 revised edition, as adopted by Resolution No. 22-92, and as may be amended from time to time, which provides long-range development policies for the City and which includes, among other things, the plan for land use, transportation and public facilities. All references to "comprehensive plan" within this title shall refer exclusively to this definition.

"Conditional uses" mean uses of a special nature as to make impractical their predetermination as a principal use in a district. Uses defined as a "conditional use" are allowed subject to compliance with specified conditions as set forth in this chapter.

"Condominium" means a separate estate in an individual air-space unit of a multiunit property together with an interest in the common elements appurtenant to such units.

"Contractor's yard" means a yard used by a general contractor or builder where equipment and materials are stored or where a contractor performs shop or assembly work but does not include any other yard or establishment otherwise defined or classified in this chapter. For the purposes of this definition it does not include wholesale or retail sales.

"Convenience store" means a small retail store selling diversified goods most commonly used daily or while traveling; usually in combination with the sale of motor vehicle fuel.

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

"Density" means any number of dwelling units per acre of land devoted to housing in proportion to the usable open space.

"Detached building" means a building which is separate from another building on the same lot. Buildings connected only with a roof not more than six (6) feet wide between opposite ends shall be deemed to be detached.

"Disposition" means a contract of sale resulting in the transfer of equitable title to an interest in subdivided land; and option to purchase an interest in subdivided land; or a lease or an assignment of an interest in subdivided land which is not made pursuant to one (1) or the foregoing.

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

"Double-frontage lot" means a lot which runs through a block from street to street and which has two (2) nonintersecting sides abutting on two (2) or more streets.

"Drive-in establishment" means an establishment which is designed to provide wholly or in part, service to customers while they remain in their vehicles parked upon the premises.

"Duplex" means a detached residential structure containing two (2) dwelling units separated by a building code-compliant common wall. A duplex dwelling unit may have a side-by-side or stacked configuration.

"Dwelling unit" means any room or group of rooms forming a single habitable unit with facilities which are used or intended to be used by one (1) family and/or their resident domestic servants for its living, sleeping, cooking and eating needs. The term "dwelling unit" shall not include "mobile home" or "manufactured home single wide" as defined in this chapter. The term "dwelling unit" shall include conventional stick built housing, accessory dwelling unit, modular homes and a manufactured home as defined in this chapter.

"Easement" means authorization by a property owner for the use by the public, a corporation, or persons, of any designated part of his property for specific purposes.

"Eating and drinking establishment" means a diner, cafe, restaurant, tavern, or bar generally open to the public, with on-site preparation or serving of food and beverages. This type of establishment does not include membership clubs, welfare kitchens, or similar facilities that serve free, or below cost meals on-site, and that do not pay city sales taxes on the prepared meals. This type of establishment does not include "sexually oriented businesses."

"Efficiency dwelling unit" means an attached dwelling unit containing only one (1) habitable room, a separate closet, a kitchen sink, cooking appliance, refrigeration facilities, and a separate bathroom containing a water closet, lavatory and bathtub or shower.

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

"Enlarged or expanded" means any change to one (1) or more of the external dimensions of such building or structure. When used in reference to use it shall mean the addition of acreage to be used in connection with the existing use.

"Family" means an individual or any number of individuals related by blood, marriage, or legal adoption, or a group of not more than four (4) individuals not so related, living together as a single household unit in a dwelling unit, plus servants or not more than two (2) care providers.

"Family care home" means a facility for child care in a place of residence of a family or person for the purpose of providing family care and training for a child under the age of sixteen (16) years who is not related to the head of such home. The term also includes any family foster home receiving a child for regular twenty-four (24) hour care and any home receiving a child from any state-operated institution for child care or from any child placement agency. (Source: CRS 26-6-102(4), as amended.)

"Feedlots" mean the confined feeding of food, for commercial purposes, by dairy, fur, or pleasure animals in buildings, lots, pens, pools, or ponds which normally are not used for raising crops or for grazing animals.

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

"Floor area" means the area included within the outside walls of a building or portion thereof, including habitable tenant houses and attic space, but not including vent shafts, courts or uninhabitable areas below ground level or in attics.

"Front lot line" means the property line dividing a lot from the right-of-way line, off of which right-of-way line the principal structure occupying the lot is addressed.

"Front yard" means the yard between side lot lines measured horizontally at right angles to the front lot line to the nearest point of the main building.

"Frontage" means that portion of a lot, parcel, tract or block abutting upon a street.

"Funeral home" means a building where ceremonies are held in connection with the burial or cremation of the dead.

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

"Group home" means a state licensed residential facility for the disabled, mentally ill, or aged.

"Guesthouse" means a structure which is physically detached from a single-family dwelling unit, does not contain cooking facilities and is intended for occupancy by a guest(s) of the family residing in the single-family dwelling unit for a short period of time. Although detached from the single-family dwelling, a guesthouse is considered to be part of that dwelling for the purpose of this title and is subject to all regulations applicable to that dwelling.

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

"Home occupation" means an occupation carried on in the dwelling or accessory building by members of the family occupying the dwelling with no servant, employee or other person being engaged, provided the residential character of the building is maintained and the occupation is conducted in such a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term, nor infringe upon the right of neighboring residents to enjoy peaceful occupancy of their homes. (For home occupation regulations see Section 17.64.100, Home occupations.)

"Homeowner's association clubhouse" means a structure and its accessory structures and exterior facilities on the same parcel. Said parcel, structures and facilities must remain under direct ownership of a formally established homeowner's or tenant's association. All structures and facilities must be primarily for the benefit and use of the local Florence resident members of the association. The primary structure may include meeting spaces, association offices, sales or rental office for local Florence property under ownership of the association or the property's initial developer. Accessory facilities may include sports fields and courts, playgrounds, swimming pools and spa, exercise rooms, and limited kitchen/dining facilities. Accessory structures and facilities may include a contractor's yard, as defined in this title, but only for the benefit of the association's property or for the initial developer of the subdivision or tenant dwellings.

"Hospital" means, as a primary use, any building or portion thereof used for diagnosis, and which may include as an accessory use, medical clinics, convalescent homes, nursing homes and retirement homes.

"Hotel" means an establishment that provides temporary lodging in guestrooms, and in which entertainment and various personal services for the public may or may not be provided. This category does not include "sexually oriented business."

"Household pets" means animals and fowl permitted in the house as a custom in the community and kept for company or pleasure, such as dogs, cats or birds, providing that such creatures are not kept to supplement food supplies, or for any other purpose whatsoever other than offering for sale of one (1) litter, brood or offspring of a household pet domiciled on the premises.

"Indoor amusements and entertainment establishment" means an entirely enclosed facility providing a source of amusement, entertainment or recreation, which is operated as a commercial venture. Indoor amusements may include video arcades, coin or token operated machine arcades, monitored table game parlors, pool/billiard/foosball/air-hockey/darts parlors, bowling alleys, athletic courts, indoor swimming pools, movie or live performance theaters, play houses, indoor golf centers, indoor batting cages, indoor skating facilities, indoor radio or remote controlled vehicle tracks, dance studios, membership or nonmembership exercise facilities, or any other similar use. Such facilities that house the above activities as a minor part of their business operations, and those facilities that are regulated by state license requirements and periodic reviews by the City Council, such as those with liquor licenses, are not considered included in this definition. Facilities with less than five (5) percent of the building story's floor area devoted to such activities are not included in this definition. Floor area devoted to such activities includes the needed buffer space and player travel area required to engage in such activities.

Industry Heavy. "Heavy industry" means any manufacturing or industrial processing which by nature of the material, equipment and process utilized produces objectionable levels of noise, fumes, light or smoke which may, or may not have hazardous effects.

Industry Light. "Light industry" means any branch of trade, production or creative endeavor employing labor and capital in an industrial or manufacturing process which is not noxious or offensive by reason of the emission of odor, dust, smoke, gas, fumes, noise, or vibrations, whose waste products are not allowed to emerge to accumulate where they will cause discomfort or be unsightly to adjoining property owners or to the public generally, and which operated independently of railroad sidings, extensive loading docks and team generation as prime power.

"Interior lot" means a lot other than a corner lot.

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

"Junkyard" means an area of land, with or without buildings, used for or occupied by a deposit, collection or storage, of used or discarded materials such as wastepaper, rags or scrap materials, house furnishings, machinery, vehicles or parts thereof, outside a completely enclosed building, with or without the dismantling, processing, salvage, sale or other use or disposition of the same.

"Kennel" means a lot or building in which four (4) or more dogs or cats at least six (6) months of age are kept commercially for board, propagation or sale. (See Section 6.04.070, Kennels.)

"Landfill" means a site and facility for the deposit and final treatment of solid waste.

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

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

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

"Lot" or "parcel" means a place, plot or area of land, of contiguous assemblage as established by survey, plat or deed occupied or to be occupied by a building and/or accessory buildings thereto or for other uses, together with such open spaces as may be required under these regulations and having its frontage on a street or officially approved place.

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

"Manufactured home" means a dwelling unit which is a structure that:

1.

Is 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 on all exterior walls, which provides a consistent facade from the bottom of the soffit (top of wall section), downward to the top of the exposed perimeter wall, foundation, or to finished grade, whichever is applicable, and has a pitched roof; and

5.

Is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., as amended, and all regulations enacted pursuant thereto, including any local modifications as are expressly allowed by federal law, or which has been certified by the State of Colorado as being in compliance with the requirements of the Uniform Building Code as adopted by the State of Colorado and as is enforced and administered by the Colorado Division of Housing.

6.

Receives on-site final inspection and insignia affixed by an inspector or installer certified by the State of Colorado, Division of Housing.

"Manufactured home park" means a residential development intended primarily for manufactured homes, including single wide, arranged for operation by management. The property is under a single ownership with utility hookups provided and rent paid.

"Manufactured home single wide" means a single-family dwelling which is a structure that:

1.

Is partially or entirely manufactured in a factory;

2.

Is a minimum size of two hundred fifty-six (256) square feet;

3.

Has brick, wood or cosmetically equivalent exterior siding and a pitched roof; and

4.

Is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., as amended, and all regulations enacted pursuant thereto, including any local modifications as are expressly allowed by federal law, or which has been certified by the State of Colorado as being in compliance with the requirements of the Uniform Building Code as adopted by the State of Colorado and as is enforced and administered by the Colorado Division of Housing.

5.

Receives on-site final inspection and insignia affixed by an inspector or installer certified by the State of Colorado, Division of Housing.

"Manufactured home subdivision" means a residential development primarily for mobile homes, in all respects designed under the mobile home park standards, except lots can be under separate ownership and common areas can be placed under multiple ownership.

"Manufacturing" means the process and converting of raw unfinished materials of products, or any of these into an article or substance of different character or purpose.

"Medical and dental clinic" means a facility staffed by state licensed medical personnel that treat human clients and human patients only on an out-patient basis.

"Membership club" means an establishment that provides food or beverage service, entertainment, exercise facilities, meeting space, or similar services to dues paying members. This category does not include any "sexually oriented business."

"Milling" means an act or process of grinding (especially grain into flour or meal), the operation of cutting, shaping, finishing or working metal, cloth or any other similar product.

"Mineral" means an inanimate constituent of the earth in a solid, liquid or gaseous state which, when extracted from the earth, is usable in its natural form or capable of conversion into a usable form as a metal, a metallic compound, a chemical, an energy source, or a material for manufacturing or construction material.

"Mineral resource area" means an area in which minerals are located in sufficient concentration in veins, deposits, bodies, beds, seams, fields, pools, or otherwise. It includes but is not limited to any area in which there has been significant mining activity in the past, there is significant mining activity in the present, mining rights are held by mineral patent or for which valid mining claims exist with the intention of mining. The term also includes an area of oil and gas or geothermal resource development if such area has been identified by the State Oil and Gas Conservation Commission for designation.

"Mining" means the act of exploring for or recovering minerals and sand and gravel whether above or below ground. The term includes, but is not limited to, such practices as open cut mining, open pit mining, strip mining, quarrying and dredging, hauling or removal from the site. Mining shall not include removal of loose surface stone, or preparation of individual building sites.

"Mini-storage" means a building, or group of buildings on one (1) lot or contiguous lots used with such building or portion thereof dividable into separate compartments which are individually rented or leased for the purpose of storing the renter's or lease holder's property. Goods stored within the building shall not be offered or displayed for sale on-site. Accessory uses may include the exterior storage of camping trailers, motorized homes, boats, etc., in areas designated for such storage.

"Mobile home" means a structure that is a detached, single-family housing unit that may not meet the definition of "dwelling unit" set forth in this chapter, and which has all of the following characteristics:

1.

Designed for a long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, and which has plumbing and electrical connections provided for attachment to outside systems;

2.

Designed to be transported after fabrication, on its own wheels, or on flatbed or other trailers or on detachable wheels;

3.

Arrives at the site where it is to be occupied as a complete unit and is ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports or jacks, underpinned, connections to utilities and the like;

4.

Exceeding eight (8) feet in width and thirty-two (32) feet in length, excluding towing gear and bumpers;

5.

Is without motive power; and

6.

Is constructed prior to January 1, 1975.

7.

Receives on-site final inspections and insignia affixed by an inspector or installer certified by the State of Colorado Division of Housing.

"Modular home" means a dwelling constructed that:

1.

Is partially or entirely manufactured in a factory;

2.

Is not less than fourteen (14) feet in width;

3.

Is designed to be placed on a permanent foundation;

4.

Has brick, wood, or cosmetically equivalent siding on exterior walls which provides a consistent facade from the bottom of the soffit (top of wall section), downward to the top of the exposed perimeter wall, foundation, or to finished grade, whichever is applicable, and has a pitched roof; and

5.

Is built to building codes adopted by the Housing Board of Colorado.

6.

Such definition excludes container and tiny homes.

"Mortuary" means a building where pet or human remains are prepared for cremation or burial.

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

"Multiunit or multifamily dwelling" means a building used by two (2) or more families living independently of each other in separate dwelling units but not including hotels, motels or resorts. This includes townhouses, apartments, and condominiums.

"Museum" means a building for the display of natural, scientific, literary, or artistic objects of general, historic, or other special interest.

"Nonconforming bulk" means that part of a building, structure, or nonbuilding use which does not conform to one (1) or more of the applicable bulk regulations in this title.

"Nonconforming structure" means a structure which does not comply with the lot size requirements or bulk regulations applicable to new structures in the zoning district in which it is located.

"Nonconforming use" means an existing use of structure or land which does not comply in some respect with the use regulations applicable to new uses in the district in which it is located.

"Nonconformity" means a nonconforming use, a nonconforming structure, or a nonconforming lot.

"Nursing home facility" means a facility which provides skilled nursing home services or intermediate care nursing home services. (Source: CRS 25-1-002, as amended).

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

"Park, playfield or playground" means open space lands whose primary purpose is recreation.

"Parking space" means a rectangular area with all-weather surface containing not less than two hundred (200) square feet with maneuvering and access space required for a standard American automobile to park within the rectangle.

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

"Planned unit development" means a development of land in a manner which allows, in conformance with the provisions of this title, the following: a variety of uses and/or densities in addition to those ordinarily allowed by right or by condition in the designated zone district, for which land may be developed in order to allow for uniqueness and overall flexibility of development in special instances as may be approved by the City.

"Plaza" means an open area usually located near urban buildings and often features walkways, trees and shrubs, places to sit and sometimes shops.

"Principal building" means any structure used or intended for supporting or sheltering the principal use of the lot on which such building is situated.

"Principal structure" means a structure in which the principal use of the lot on which the structure is located is conducted.

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

"Private garage" means an accessory building or accessory portion of the main building designed for the shelter or storage of motor vehicles or personal property owned or operated by occupants of the main building only.

"Professional office" means private business or government office, office for community service organization that is registered with the Colorado Secretary of State, medical or dental clinic, legal, engineering, architect, real estate or other similar professional office, administrative or headquarters office for wholesaling or manufacturing operation, and offices for research and development.

"Property line" means the boundary of any lot, parcel, or tract as the same is described in the conveyance to the owner, and shall not include the streets or alleys upon which the lot, parcel, or tract may abut.

"Public garage" means a garage other than a private garage, used for housing or care of motor vehicles or where such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.

"Public hearing" means a meeting called by a public body for which public notice has been given and which is held in a place in which the general public may attend to hear issues and express their opinions.

"Public library" means a not-for-profit entity that provides a collection of printed or other resource material for reading, reference, and lending to the public for the purpose of enjoyment, study or research.

"Public meeting hall" means a structure, or portion of a structure, used for occasional meetings, lectures, or indoor events, with or without a fee charged, and with or without food or beverage service. Public meeting hall does not include indoor amusements and entertainment establishments, eating and drinking establishments, or homeowners' association clubhouse, as defined elsewhere in this section, and does not include facilities with less than five (5) percent of the building story's floor area devoted to such activities.

"Public or essential government utility services" means the erection, construction, alteration, or maintenance by public utilities or municipal departments of underground or overhead gas, electrical, steam, water transmission systems, water distribution systems, collection, communication, supplier-disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities, municipal departments, or commissions for the public health, safety or general welfare.

"Public right-of-way" means all streets, roadways, sidewalks, alleys, and all other areas reserved for present or future use by the public, and as a matter of right for the purpose of vehicular or pedestrian travel and utility access.

"Rear lot line" means, except on a double frontage lot, the property line opposite the front lot line and further located by an imaginary line drawn perpendicular to the real projection of the structure and through the center of the structure.

"Rear yard" means the yard extending between side lot lines and measured horizontally at right angles to the rear lot lines, from the real lot line to the nearest point of the principal structure.

"Recreational and social facility" means and includes parks and playgrounds, tennis, racquetball and golf clubs; swimming pools, health spas, fraternal or service organizations, and membership associations; for health, recreation, sharing of common interests and fellowship, and may include incidental retail sales.

"Recreational vehicle" means vehicles used for recreational occupancy to include motor homes and travel trailers designed and constructed to permit sleeping or housekeeping or both, for one (1) or more persons which does not require for its use a hookup to permanent utility services (water, sewer, gas) and is mobile or can be transported on public rights-of-way.

"Recycling facility" means that part of a solid waste disposal facility or a part of a general disposal facility at which recyclable materials may be separated from other materials for further processing. Not to include automobile graveyards and junkyards.

"Religious institution" means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

"Residential child care facility" means a facility licensed by the Colorado Department of Social Services pursuant to state statutes, to provide twenty-four (24) hour group care and treatment for five (5) or more children operated under private or nonprofit sponsorship. (Source: CRS 6-102 (8); as amended.)

"Rest home, nursing home, or retirement home" means a building or group of buildings where elderly or infirm residents are housed and provided long-term medical care and assisted living services.

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

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

Salvage Yard. See "Junkyard."

"Screening" means decorative fencing, evergreen hedges, or earth berms maintained for the purpose of concealing from view the area behind such screening.

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

"Sexually oriented business" shall have the same meaning as is ascribed to it in Section 5.34.020(A) of this code.

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

"Side yard" means the yard between a building and the side lot line, measured horizontally at right angles to the side lot line from the side lot line to the nearest point of the main building.

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

"Site plan" means a scale drawing showing the relationship between the lot or property lines and their uses housed on the property, buildings or structures, existing or proposed on the lot, including such details as parking areas, access points, landscaped areas, building areas, setbacks from lot lines, building heights, floor areas, densities, utility lines, or a special or particular use.

"Street" means the entire width between the boundary lines of every way provided for public use, for the purpose of vehicular and pedestrian traffic and placement of utilities, and including the terms listed under the definition of "Street" in the City of Florence subdivision regulations, or other similar designations. For right-of-way and paving width see the subdivision regulations design and construction standards. For the proposed major street plan see the comprehensive plan.

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

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

"Structure" means anything constructed, erected or placed, the use of which requires a more or less permanent location on the ground or which is attached to something located on the ground; including, but not limited to, building as defined hereunder and manufactured home, as defined hereunder; but not including earthworks, corrals, ditches, canals, dams, reservoirs, pipelines, telephone or telegraph or electric power lines, walks, driveways, curbs, signs, antennas, towers or other similar uses.

"Townhouse" means a housing design where the dwelling unit and some land are owned separately from interests in common property.

"Trash transfer station" means a facility at which refuse, awaiting transportation to a disposal site, is transferred from one (1) type of collecting vehicle and placed into another.

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

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

"Variance" means a devise which grants a property owner relief from certain provisions of a zoning ordinance when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money.

"Vehicle storage yard" means a yard used for the storage of assembled vehicles, either operable or nonoperable, but not for the storage of vehicle parts; provided, that vehicle storage yard shall not include any yard wherein there occurs a dismantling, demolition or sale of vehicles or parts thereof.

"Veterinary hospital" means a place where pets and animals of all types are given medical or surgical treatment. Use as a kennel shall be limited to short time boarding which is incidental to such hospital use.

"Vision clearance area" means a triangular area on a lot at the intersection of two (2) streets or a street and a railroad, or a street and an alley, two (2) sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in the regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two (2) sides. Where the lot lines and intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The vision clearance area contains no plantings, walls, structures or temporary or permanent obstructions exceeding two and one-half (2 ½) feet in height, measured from the top of the curb or existing street grade.

"Yard" means an open space on a lot which is unobstructed from the ground upward, except as otherwise provided in this title.

"Zero-lot line" means a type of development in which side yards are not set back and common walls may be used. This concept can be found in townhouse and condominium developments as well as central business districts.

(Ord. 2-2008 § 1, 2008; Ord. 26-2006 § 1, 2006; Ord. 13-2006, 2006; Ord. 16-2005 § 1, 2005; Ord. 11-2005 (part), 2005).

(Ord. No. 10-2009, 4-20-2009; Ord. No. 5-2012, § 3, 6-4-2012; Ord. No. 8-2012, § 1, 9-17-2012; Ord. No. 11-2013, §§ 1, 2, 10-21-2013; Ord. No. 12-2013, § 1, 10-21-2013; Ord. No. 03-01-2021B, § 1, 3-15-2021; Ord. No. 09-20-2021A, Exh. A, 10-4-2021)