For the purpose of this chapter, the following terms and words shall have the following meaning:

Accessory building or structure, see this section under "Building or structure, accessory."

Accessory use means a use customarily incidental and subordinate to the principal use of a lot or contiguous lots in the same ownership which is conducted for the benefit of the owners, occupants, employees, customers or visitors of the lot.

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

Alley means public right-of-way within a block upon which the rear of building lots generally abut; its use is for secondary access to the lot and/or service purposes.

Amateur radio operator means any person holding a valid amateur radio operators and station license issued by the Federal Communication Commission.

Amateur radio tower means a structure as contemplated by the building code used for the purpose of the transmission and reception of amateur radio signals and includes antennas and other appurtenances thereto.

Animal means, for purposes of this chapter, animals other than household pets or prohibited animals listed in Section 25-50 of this Code.

Animated or flashing sign means any sign or part of a sign which changes physical position by any movement or rotation, or which gives the visual impression of such movement by use of lighting, including blinking, chasing, scrolling or other animation effects, or signs which exhibit intermittent or sequential flashing of natural or artificial light or color effects.

Architectural projection means any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, including, without limitation, roof overhangs, mansards, unenclosed exterior balconies, marquees, canopies, pilasters and fascias, but not including signs.

Assisted living means a stated-licensed establishment which provides living quarters and a variety of limited personal care and supportive health care to individuals who are unable to live independently due to infirmity of age, physical or mental handicap, but who do not need the skilled nursing care of a convalescent or nursing home. Additional care consists of varying levels and intensities of care and supervision, protective supervision and personal care. The physical facilities may consist of individual living quarters of a barrier-free design, with separate bathroom facilities, a full kitchen or no kitchen. The facility may provide a minimal amount of supportive health care monitoring, such as assistance with medication, but is limited to health care services which do not require state or federal licensing. In addition, the facility may have a communal dining area, recreation facilities (library, lounge, game room), laundry facilities and common open areas.

Awning means a movable 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.

Backyard chicken(s) means any female breed of chicken not to include any poultry such as ducks, quail, geese, pigeons, and/or turkeys, for raising and keeping in the backyard area of residential uses.

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

Bed and breakfast means a residential building in which rooms are rented on a daily basis. The number of rental rooms available shall not exceed the occupancy requirements of a family for the number of rooms legally permitted by the zoning district in which the facility is to be located.

Board and care facility means a facility not required to be licensed by the state health department wherein the following services may be available: Lodging, housekeeping, meal preparation. No skilled personal care is provided.

Brew pub means an establishment, licensed as a brew pub by the appropriate local, state and/or federal authorities, where malt liquors or fermented malt beverages are manufactured, packaged or distributed, and which may also include sales of such products for on- or off-premises consumption.

Brewery means an establishment, licensed as a manufacturer by the appropriate state and/or federal authorities, where malt liquors or fermented malt beverages are manufactured, packaged or distributed, and which may also include sales of such products for on- or off-premises consumption, and which does not meet the definition of brew pub, micro brew pub or microbrewery.

Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind.

Building form means the shape and structure of a building as distinguished from its substance or material.

Building mass means the three-dimensional bulk of a building height, width, and depth.

Building or structure, accessory means a detached subordinate building or structure which is not used for living or sleeping quarters and whose use is incidental to the use of the lot or principal building located on the same lot.

Building, principal means a building in which there is conducted the principal use of the lot on which the building is located.

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

Cabana means any portable, demountable or permanent room, enclosure, or other building erected or constructed within six (6) feet of a mobile home or camping vehicle and is used for human habitation.

Camper park means an area established, maintained, operated or used for temporary occupancy of camping vehicles, tents or other camping equipment including all public and private lands and surface waters of the state available to the public for picnicking, fishing and other recreational activities.

Camping party means one (1) or more persons assigned to a single campsite.

Campsite means a camping vehicle lot or an area within a camper park designed to be used for temporary occupancy of camping vehicles, tents or other camping equipment by a single camping party.

Canopy means a permanently roofed shelter covering a sidewalk, driveway or other similar area, that may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extended from the ground.

Car wash means a facility for washing or steam cleaning motor vehicles (including self-service operation), operating either as a separate facility or as an accessory use with another use.

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

City council means the duly elected officials who constitute the legislative and governing body of the City of Lafayette, Colorado.

City inspector means an authorized representative of the city, including the building official, the health officer, and any inspector for the fire department acting within the city limits.

City planning commission means the board appointed by city council to review and make decisions as directed by this chapter and the comprehensive plan for the City of Lafayette.

Density, gross means total land area including streets, retention areas, parks, open space, etc.

Density, net means developable area only, excluding streets, parks, other public land areas and open space.

Dependent mobile home or camping vehicle means a mobile home or camping vehicle that has no toilet, lavatory, and/or bathing facilities and is dependent upon a service building for toilet, lavatory and/or bathing facilities.

Development means 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.

Drive-up facility means any use, which by design, physical facilities, services, or operating procedures permits persons to receive services, or obtain or drop off goods, while remaining in their motor vehicle. Drive-up facilities may include, but are not limited to, facilities at donation drop-offs, banks, dry cleaners, and pharmacies.

Drive-up restaurant means an establishment that by design of physical facilities, or by the type of service and packaging, permits or encourages as a principal component of its business the purchase of prepared, ready-to-eat foods for consumption either off the premises or on the premises in an automobile, or both.

Dwelling means a building or portion thereof used for residential occupancy, and conforming to any building code, fire code and safety code adopted by the City of Lafayette.

Dwelling, single-family means a building containing one (1) dwelling unit.

Dwelling, multiple-family means a building containing three (3) or more dwelling units.

Dwelling, two-family means a building containing two (2) dwelling units immediately adjacent to each other, sharing at least one common wall, or stacked one on another, or some combination thereof.

Dwelling unit means a structure or portion of a structure designed for occupancy as a residence by a single family.

Dwelling unit, accessory means a detached or attached dwelling unit that is (i) located on the same lot or parcel as the principal single-family dwelling unit, (ii) incidental and subordinate to the principal dwelling unit, and (iii) excluded from the calculation of dwelling units per acre that are permitted in a given zone district.

(a)

Accessory dwelling unit, detached means an accessory dwelling unit that is located within an accessory structure detached from the principal single-family dwelling unit.

(b)

Accessory dwelling unit, attached means an attached accessory dwelling unit that is connected to or an integrated part of the principal single-family dwelling unit.

Electronic message sign means a sign module capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means, including animated graphics and video.

(a)

Dissolve means a mode of message transition on an electronic message sign accomplished by varying the light intensity or pattern, where the first message gradually and uniformly appears to dissipate and lose legibility simultaneously with the gradual and uniform appearance and legibility of the second message.

(b)

Fade means a mode of message transition on an electronic message sign accomplished by varying the light intensity, where the first message gradually and uniformly reduces intensity to the point of not being legible and the subsequent message gradually and uniformly increases intensity to the point of legibility.

Family means one (1) or more persons living together on the premises of a dwelling unit. The total number of persons living together shall not exceed the maximum number permitted by the current building and fire codes adopted by the City of Lafayette, by any applicable state or federal law or regulation, or by affordable housing guidelines applicable to the dwelling unit.

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

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(a)

The overflow of water from channels and reservoir spillways;

(b)

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

(c)

Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas (such as earth carried by a current of water and deposited along the path of the current).

Floodway (regulatory floodway) means the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The Colorado statewide standard for the designated height to be used for all newly studied reaches shall be one-half (½) foot (six (6) inches). Letters of map revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation.

Floor area means the gross area of the building measured along the outside walls of the building including each floor level and interior balconies, but excluding garages, enclosed parking areas, exterior unenclosed balconies, and enclosed mechanical areas.

Floor, habitable means any floor area usable for living purposes that includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor area used only for storage purposes is not a "habitable floor".

Floor, lowest means the lowest floor of the lowest enclosed area (including basement). 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 nonelevation design requirements of this chapter.

Frontage, building for sign calculation purposes means the horizontal, linear dimension of that side of a building that abuts a street, a parking area, a mall, or other circulation area open to the general public and that has either a main window display of the enterprise or a public entrance to the building; in industrial districts, a building side with an entrance open to employees is a building frontage; where more than one (1) use occupies a building, each such use having a public entrance or main window display for its exclusive use shall be considered to have its own building frontage, which shall be the front width of the portion of the building occupied by that use.

Frontage, street means the linear frontage of a lot or tract abutting a private or public street that provides principal access to or visibility of the premises.

Gas station (fuel facility) means any facility which engages in the retail sale of fuel for motor vehicles, whether as a principal use or an accessory use.

Grounds means the yard areas or premises.

Halfway house means a dwelling designated by a court, the county, a state agency or any other public or private entity or organization, in which a group of not more than eight (8) adults and/or children live together with appropriate supervisory staff as a single housekeeping unit.

Health department means the health officer for the city or his duly appointed representative.

Height for sign purposes means the vertical distance measured from the elevation of the nearest sidewalk, or, if there is no sidewalk within twenty-five (25) feet, from the lowest point of the finished grade on the lot upon which the sign is located and within twenty-five (25) feet of the sign, to the uppermost point on the sign or the sign structure.

Height for building or structure purposes, see section 26-14-8.

Home occupation means any use for gain or support carried on within a dwelling or mobile home located in a residential district only by the occupants thereof; it may be located within the principal building or in any accessory building. All home occupations shall be allowed only in accordance with the provisions of section 26-14-9.

Hospital means a building designed and used for the medical, surgical diagnosis, and treatment of persons under the care of doctors and nurses. A nursing home and a convalescent home are not included.

Household pet means those animals commonly kept indoors as pets, including, but not limited to, dogs, cats, or other domestic animals of similar size; white mice, guinea pigs or similar small animals; birds; turtles; and fish.

Illumination, direct means lighting by means of an unshielded light source, including neon tubing, that is effectively visible as part of the sign, where light travels directly from the source to the viewer's eye.

Illumination, indirect means lighting of a surface by a light source that is directed at the reflecting surface in such a way as to illuminate the sign from the front, or a light source that is primarily designed to illuminate the entire building facade upon which a sign is displayed, but does not include lighting that is primarily used for purposes other than sign illumination, including, without limitation, parking lot lights or lights inside a building that may silhouette a window sign but that are not primarily installed to serve as inside illumination.

Illumination, internal means lighting by means of a light source that is within a sign having a translucent background, silhouetting opaque letters or designs, or that is within letters or designs that are themselves made of translucent material.

Independent mobile home or camping vehicle means a mobile home or camping vehicle that has a toilet, lavatory and bathing facilities.

Kennel means any lot or tract on which are harbored.

(a)

Four (4) or more animals; or

(b)

Four (4) or more of any one (1) species of household pet, including rabbits, but excluding household pets customarily housed in a cage, aquarium or similar enclosure, at least four (4) months of age.

Infill development means development on a vacant or substantially vacant tract of land surrounded by existing development.

Kiosk means a small structure, typically located within a pedestrian walkway or similar circulation area, intended for use as a small shop, or for use as a display space for posters, notices and exhibits.

Light source means neon, fluorescent or similar tube lighting, an incandescent bulb, including the light-producing elements therein and any reflecting surface that, by reason of its construction or placement, becomes the light source.

Lot means a piece or plot of land shown as such on a duly recorded plat.

Lot area, minimum means the total horizontal area within the boundaries of a lot.

Lot coverage means the percentage of the lot that is covered by the footprint of all buildings and structures, including, but not limited to, covered and/or enclosed porches, patios, and decks.

Lot line, front means the property line of a lot dividing the lot from the adjoining street. On a corner lot or double frontage lot, the property owner may elect which street frontage shall be the front lot line only for the purpose of determining the rear yard. Any yard adjacent to a street shall be considered a front yard for the purposes of determining setbacks and height of buildings except that, in the Old Town Residential zone district, the lot line that fronts on an east/west street shall be considered the front lot line and the lot line that fronts on a north/south street shall be considered a side street lot line for purposes of determining setbacks and height of buildings.

Lot line, rear means the property line of a lot opposite or more parallel to the front lot line.

Lot line, side means any lot property line other than a front and rear lot line.

Lot line, side street means, in the Old Town Residential zone district, on lots bordered on two (2) contiguous sides by streets, the lot line of the lot that divides the lot from a north/south street.

Maintenance means the replacing, repairing, or repainting of a portion of a sign or any structure, periodic changing of bulletin board panels, or renewing of copy that has been made unusable by ordinary wear and tear, weather or accident.

Marquee means a permanently roofed structure attached to and supported by a building and projecting from the building.

Micro brew pub means an establishment, licensed as a brew pub by the appropriate local, state and/or federal authorities, where malt liquors or fermented malt beverages are manufactured, packaged or distributed with all production and manufacturing equipment and processes enclosed within a building, and which may also include sales of such products for on- or off-premises consumption, with manufacturing not exceeding a total of seventy-seven thousand five hundred (77,500) gallons (or two thousand five hundred (2,500) barrels, where one (1) barrel equals thirty-one (31) gallons) of malt liquor and fermented malt beverage on its licensed premises each calendar year and any off-premises wholesale distribution not exceeding twenty-five (25) percent of its total annual production.

Microbrewery means an establishment, licensed as a manufacturer by the appropriate state and/or federal authorities, where malt liquors or fermented malt beverages are manufactured, packaged or distributed with all production and manufacturing equipment and processes enclosed within a building, and which may also include sales of such products for on- or off-premises consumption, with manufacturing not exceeding a total seventy-seven thousand five hundred (77,500) gallons (or two thousand five hundred (2,500) barrels, where one (1) barrel equals thirty-one (31) gallons) of malt liquor and fermented malt beverages on its licensed premises each calendar year and any off-premises wholesale distribution not exceeding twenty-five (25) percent of the total annual production, and which does not meet the definition of a micro brew pub.

Minor subdivision means a division of land into three (3) or fewer lots, a realignment of lots, or condominiumization of a property.

Mixed use building complex means a planned unit development consisting of one (1) or more principal buildings containing, either individually or collectively, both residential and nonresidential principal uses.

Mobile home means a transferable, single-family dwelling unit suitable for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing. Such structure will have wheels or removable jacks for conveyance on highways and may be transported to a site as one (1) or more sections. The terms "mobile home" shall not include "travel trailers," "campers" or "camper buses" or "motor homes," as defined herein, or modular homes designed to be placed on a foundation complying with the provisions of the Uniform Building Code.

Mobile home lot means a designated portion of a mobile home park designated for the placement of a single mobile home and accessory structures for the exclusive use of the occupants and is exclusive of streets, walks and other common use areas in a mobile home parks and exclusive of county or city streets, alleys, walks or other public easements and adjacent private properties.

Mobile home park means a plot of land where two (2) or more mobile homes are located for permanent dwelling purposes.

Mobile home or camper sales lot means a plot of land that is used primarily for the sale of mobile homes or campers. Such uses are permitted only in commercially zoned areas and not as part of mobile home parks or mobile home subdivisions.

Mobile home subdivision means an area or tract of land subdivided specifically to be occupied by mobile home for residential purposes.

Motel, hotel, or resort means a building in which lodging services are provided and offered to the public for compensation, which is open to transient guests and is not a board and care facility as defined herein. Resorts differ from motels and hotels in that they may have a large portion of the site devoted to accessory recreational activities and other visitor-serving facilities. As used in this definition, "lodging services" shall have the same meaning set forth in section 110-37 of the Code.

Motor home means a motor vehicle containing cooking and/or sleeping facilities and designated as temporary living quarters for recreational, camping and travel use. The term "motor home" shall include vehicles designed as "camper buses" and shall include vehicles which may have been originally designed for use as vans, buses and the like, but which have been converted to be used as temporary living quarters.

New construction means structures for which the "start of construction" commenced on or after the effective date of this chapter.

Nuisance means any public nuisance defined by city ordinance, code, and/or state statute.

Nursing home/convalescent home means any home, place or institution which operates or maintains a facility providing convalescent or chronic care for twenty-four (24) consecutive hours for three (3) or more patients, who by reason of illness or infirmity, are unable properly to care for themselves. Convalescent and chronic care may include, but not be limited to, any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts.

Occupant means any person residing in or having actual possession of a mobile home, camping vehicle, or dwelling.

Occupied area means that area of an individual mobile home lot or campsite covered by a mobile home, camping vehicle or tent and accessory structures.

Open space means privately-owned property protected by real covenant, or publicly-owned property protected by real covenant and/or designated by ordinance or resolution of the city council, which real covenant or designation designates the property for use as one (1) or more of the following: a community buffer; a wildlife corridor and habitat area; a wetland; a view corridor; agricultural land; an area of archeological, historical, geologic or topographic significance; an area containing significant renewable and/or nonrenewable natural resources; and/or other undesignated, typically nonirrigated, undeveloped land uses. Open space shall not include parks or developed active recreation areas.

Outlot means a piece or plot of land shown as such on a duly recorded plat that is not occupied or intended to be occupied by a habitable structure.

Owner means any person as defined by this chapter, who, alone, jointly or severally with others, or in a representative capacity (including, without limitation, an authorized agent, executor or trustee) has legal or equitable title to any property in question.

Owner or manager (mobile home park; camper park) means the person who owns, has charge, care or control of a mobile home park or camping vehicle park.

Park, playground, golf course with or without country club means facility built and maintained either by a unit of government or nonprofit corporation or as part of a subdivision or development of land for use of the inhabitants thereof.

Person means an individual or group of individuals, association, partnership, corporation, firm, company or private or public agency.

Planned unit development means a process of development by which tracts of land may be developed through an overall approach, as described in a development plan prepared and approved in conformance with the provisions of this chapter. While a planned unit development does not rezone the underlying zoning district, the approved development plan governs the future development of the property and has the force and effect of zoning regulations.

Primary residence means a dwelling unit that is a person's usual place of return for housing, i.e., the person's domicile. A person can have only one (1) primary residence.

Public entrance means an entrance to a building or premises that is customarily used or intended for use by the general public, and excludes fire exits, special employee entrances, and loading dock entrances not generally used by the public.

Ramada means any freestanding roof or shade structure installed, erected or used above a mobile home or any portion thereof.

Redevelopment means development on a tract of land with existing buildings where all or most of the existing buildings would be razed and a new building or buildings built.

Refuse means all combustible or noncombustible, putrescible or nonputrescible solid or liquid wastes.

Refuse, waste, and recycling collection area means a centralized outdoor storage facility for receptacles used for the purposes of storage, collection, and disposal of refuse, waste, and recycling materials. The term "waste" shall not be interpreted as including hazardous waste.

Rent means any money or any other consideration given for the right to use, occupy or possess property.

Roof means the cover of any building, including the eaves and similar projections.

Roof forms means the type, arrangement of ridges or parapet walls, or materials used on a roof.

Roof line means the highest point an any building where an exterior wall encloses usable floor space (including roof areas for housing mechanical equipment) and the highest point on any parapet wall if the parapet wall extends around the entire perimeter of the building.

Sanitary facilities means toilets, urinals, lavatories, showers, utility sinks and drinking fountains and the service buildings containing these items.

Sanitary waste station means a facility used for removing and disposing of wastes from self-contained camping vehicle sewage holding tanks.

School means a public or private preschool, elementary school, secondary school, college or university.

Self-storage facility ormini-storage facility means a building or group of buildings containing separate, fully enclosed individual units that are rented to individual tenants for the purpose of storing non-toxic, non-hazardous household or commercial goods.

Service building means a structure housing toilet, lavatory, bathing, laundry, service sink and other such sanitary facilities as may be required.

Sewage means any liquid waste containing animal or vegetable matter in suspension or solution, or the water-carried wastes resulting from the discharge of water closets, laundry tubs, washing machines, sinks, showers, or any other source of water-carried or nonwater-carried wastes of human origin or containing putrescible material.

Sewer connection (mobile home park, camper park, and mobile home subdivision) means the connection of all pipe, fittings and appurtenances connecting the drain outlet of the mobile home or camping vehicle with the sewer riser pipe of the sewage system.

Sex offender means an individual who is required to register as a sex offender pursuant to C.R.S. § 18-3-412.5, as amended.

Sexually oriented business means one (1) or more of the businesses defined as such in section 26-15.5-2 of this chapter.

Short-term rental means the provision of lodging services within a dwelling unit, for compensation, to a person or persons for periods of less than thirty (30) days, but excludes motels, hotels, or resorts. Short-term rental does not include rental of a dwelling unit for meetings such as luncheons, banquets, parties, weddings, fundraisers, or other similar gatherings for direct or indirect compensation. As used in this definition, "lodging services" shall have the same meaning set forth in section 110-37 of the Code.

Sign means any writing, pictorial representation, decoration (including any material used to differentiate sign copy from its background), form, emblem, or trademark, flag or banner, or any other figure of similar character that:

(1)

Is a structure or any part thereof (including the roof or wall of a building); or

(2)

Is written, printed, projected, painted, constructed, or otherwise placed or displayed upon or designed into a building, board, plate, canopy, awning, or vehicle or upon any material object or device whatsoever; and

(3)

By reason of its form, color, wording, symbol, design, illumination or motion, attracts or is designed to attract attention to the subject thereof or is used as a means of identification, advertisement or announcement.

The following terms define the classes and types of signs covered by this chapter:

(1)

Bulletin board sign means a sign used for the purpose of notification to the public of an event or occurrence of public interest, including without limitation, church services, political rallies, civic meetings, or other similar events.

(2)

Business sign means a sign that identifies or directs attention to the business, profession, commodities, services, entertainment, or activities conducted, sold, displayed, offered or stored on the premises where the sign is located.

(3)

Commercial sign means a sign whose principal purpose is to identify a business or induce a purchase of a good or service, including, without limitation, any sign naming a brand of good or service.

(4)

Construction sign means a temporary sign announcing subdivision, development, construction, or other improvement of a property by a building contractor or other person furnishing services, materials, or labor to the premises, but does not include a "real estate" sign.

(5)

Freestanding sign means a nontemporary sign that is supported by one (1) or more columns, upright poles or braces extended from the ground or from an object on the ground or that is erected on the ground, where no part of the sign is attached to any part of a building, structure, or other sign; the term includes pole signs, pedestal signs and ground signs.

(6)

Identification sign means a name plate that establishes the identity of an occupant by listing name and business or professional title; a sign that establishes the identity of a building or a building complex by name or symbol only; a sign that indicates street address or combines name plate and street address; a sign that identifies an area in the city that, by reason of development, natural features, historical occurrences, or common reference, has or will become a landmark in the city; and a commemorative sign, such as a cornerstone, memorial, or plaque cut into a masonry surface or constructed of bronze or other incombustible material and made an integral part of the structure.

(7)

Joint identification sign means a sign that serves as a common or collective identification for two (2) or more businesses or industrial uses on the same lot and that may contain a directory to the uses as an integral part thereof or may serve as a general identification only for such developments as shopping centers, industrial parks and similar uses.

(8)

Off-premises advertising sign means any off-premises sign, including, without limitation, a billboard or general outdoor advertising device, that advertises or directs attention to a business, commodity, service, or activity conducted, sold, or offered elsewhere than on the same lot or within the same building upon which such sign is located.

(9)

Real estate sign means a sign indicating the availability for sale, rent or lease of the specific lot, building or portion of a building upon which the sign is erected or displayed.

(10)

Temporary sign means a sign, banner or similar device or display that is intended for a temporary period of display for the purpose of announcing a special event or advertising or directing persons to a subdivision or other land or building development.

(11)

Time-temperature-date sign means a sign that displays the current time, outdoor temperature, date of the month or any combination of that information.

(12)

Wind sign means a sign consisting of one (1) or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons, or other objects or material; fastened in such manner as to move upon being subjected to pressure by wind.

(13)

Window sign means a sign that is painted on, applied or attached to, or located within three (3) feet of the interior of a window and that can be seen through the window from the exterior of the structure, but excludes merchandise included in a window display.

Sign face means the surface of a sign upon, against, or through which the message is displayed or illustrated.

Sign, illegal nonconforming means a sign that was in violation of any of the laws of the city governing the erection or construction of such sign at the time of its erection and that has never been erected or displayed in conformity with all such laws (including those in this chapter), including, without limitation, signs that are pasted, nailed, or painted, or otherwise unlawfully displayed upon structures, utility poles, trees and fences.

Sign, legal nonconforming means any sign that was lawfully erected and maintained prior to the enactment of any laws of the city governing the erection or construction of such sign at the time of its erection and that does not conform to all the applicable regulations and restrictions of this chapter and any sign located in an area annexed to the city since the enactment of this chapter, that was legal at the time of its construction but does not conform to all the applicable regulations and restrictions of this chapter.

Sign, sidewalk means a sign with two (2) faces that are adjoined at the top and displayed at an angle, which is not permanently anchored or secured, or similar design.

Sign structure means any supports, uprights, braces or framework of a sign.

Special review uses means uses permitted within a district only with the prior approval of the planning commission or planning director, where permitted, in accordance with the procedures stated in section 26-15 of this chapter.

Special use means a use permitted within a district other than an unconditionally permitted use, requiring approval of the planning director, unless the application for special use approval is referred or appealed to the planning commission.

Stand means that part of an individual mobile home lot or campsite used for the placement of the mobile home or camping vehicle.

Street means a public right-of-way either dedicated or established by usage, other than an alley, which provides primary access to adjacent property.

Street, arterial means those public streets which serve to move medium to high traffic volume through and between major residential, commercial or industrial areas within the city.

Street, collector means those public streets with low to medium traffic volume, whose purpose is to channel traffic from residential, industrial or commercial areas to arterial streets.

Street, local means one with low volume, low speed traffic which is intended to provide access to adjacent residential or commercial lots.

Structure means anything constructed or erected with a fixed location on the ground and/or above or below grade, including telecommunication facilities, but does not include other poles, lines, cables or other transmission or distribution facilities or public utilities. For the purposes of floodplains, "structure" means a walled and roofed building, including a gas or liquid storage tank, which is principally above ground, as well as a mobile home.

Subdivision means the division of land into two (2) or more lots, plats, sites or other division of land for the purpose, whether immediate or future, of sale or building development, for residential, industrial, commercial or other use. Subdivision shall also include, when appropriate to the context, the process of creating a single lot from previously unsubdivided real property or from previously subdivided lots, outlots, tracts or parcels. Subdivision does not include the division of property for the purpose of dedication or conveyance of public rights-of-way, or conveyance to the city for municipal uses.

Telecommunication facility means one (1) or more of the facilities defined as such in section 26-22.5-2 of this chapter.

Tract means a piece or plot of land or assemblage of contiguous pieces or plots of land as established by survey, plat or deed.

Transferred development rights planned unit development (TDR/PUD) shall have the same meaning as that term is used in Article 6 of the Boulder County Land Use Code.

Travel trailer means a portable structure, mounted on wheels and designed to be towed by a motor vehicle, and containing cooking and/or sleeping facilities to provide temporary living quarters for recreational camping or travel use. Such structures may be constructed with rigid sides, or may have collapsible side walls of fabric, plastic or other pliable material.

Variance means a grant of relief to a person from the requirement of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter.

Warehouse means a building or group of buildings where raw materials or manufactured goods may be stored before their export or distribution for sale.

Water connection (mobile home, camper park and mobile home subdivision) means the connection of all pipes, fittings, and appurtenances connecting the water inlet pipe of the mobile home or camping vehicle with the water riser pipe of the water supply.

Water riser pipe (mobile home, camper park and mobile home subdivision) means the portion of the water supply system which extends vertically to the ground surface and terminates at a mobile home or camping vehicle stand.

Yard means an open area other than a court, not in any alley or street, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

Yard, front means a yard extending the full width of the lot or tract, the depth of which is measured in the least horizontal distance between the front lot line and the nearest wall of the principal building; such distance being referred to as the front yard setback.

Yard, rear means a yard extending the full width of the lot or tract, the depth of which is measured in the least horizontal distance between the rear lot line and the nearest wall of the principal building; such depth being referred to as the rear yard setback.

Yard, side means a yard extending from the front yard to the rear yard, the width of which is measured in the least horizontal distance between the side lot line or the side street lot line and the nearest wall of the principal building, such width being referred to as the side yard setback or the side street yard setback, respectively.

(Ord. No. 1986-01, § 2, 2-4-86; Ord. No. 1987-02, § 1, 2-17-87; Ord. No. 1990-4, § 1, 4-17-90; Ord. No. 1993-6, § 6, 3-2-93; Ord. No. 1995-21, § 1, 12-5-95; Ord. No. 1996-11, §§ 1—3, 4-16-96; Ord. No. 1998-25, §§ 2—5, 8-18-98; Ord. No. 1998-26, §§ 2—4, 8-18-98; Ord. No. 1998-28, §§ 1—3, 8-18-98; Ord. No. 1998-29, §§ 4—16, 8-18-98; Ord. No. 1999-10, § 2, 4-20-99; Ord. No. 2000-24, § 1, 11-7-00; Ord. No. 2000-25, § 2, 9-5-00; Ord. No. 2000-29, § 1, 10-3-00; Ord. No. 2001-9, § 4, 3-20-01; Ord. No. 2002-31, § 3, 11-5-02; Ord. No. 2005-22, § 1, 8-2-05; Ord. No. 2005-38, § 1, 12-13-05; Ord. No. 2006-22, § 2, 6-6-06; Ord. No. 2006-24, § 5, 6-6-06; Ord. No. 2009-09, §§ 1, 2, 3-3-09; Ord. No. 2011-05, § 3, 2-15-11; Ord. No. 2011-15, § 1, 5-3-11; Ord. No. 2011-27, § 1, 8-2-11; Ord. No. 2011-33, §§ 12—14, 9-20-11; Ord. No. 2012-11, § 1, 5-15-12; Ord. No. 2012-36, §§ 1—3, 11-20-12; Ord. No. 2013-09, § 1, 5-7-13; Ord. No. 2017-30, § 3, 9-5-17; Ord. No. 2019-06, § 3, 2-19-19; Ord. No. 2023-15, § 3, 9-5-23; Ord. No. 2023-16, § 3, 9-5-23; Ord. No. 2024-07, § 1, 8-20-24; Ord. No. 2024-10, § 1, 8-20-24; Ord. No. 2024-17, § 1, 10-1-24)

Cross reference— Meaning of terms pertaining to Section 26-23, see § 26-23-22; additional definitions of words applicable to Section 26-23, see § 26-23-24.