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

A.

The particular controls the general.

B.

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

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.

(Code 1962, § 25-12-101; Ord. No. 424-1973, § 1; Code 1977, § 17.08.005)

For the purposes of this title, the following specific words and terms are defined as set out in this chapter.

(Code 1962, § 25-12-102; Ord. No. 424-1973, § 1; Code 1977, § 17.08.010)

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 on a contiguous lot in the same ownership, with the main use.

(Code 1962, § 25-12-102(A); Ord. No. 424-1973, § 1; Code 1977, § 17.08.015)

Editor's note— Ord. No. 1763-2018, § 1, adopted Oct. 2, 2018, repealed § 17.08.016, which pertained to administrative special review use and derived from Ord. No. 1264-1997, § 3, adopted Aug. 19, 1997.

Editor's note— Ord. No. 1298, § 5, adopted June 1, 1999, repealed § 17.08.017, which pertained to adult amusement or entertainment and derived from Ord. No. 541-1977, § 1, adopted in 1977.

Adult arcade means any commercial establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, videocassette players or similar machines, or other image-producing machines, for viewing by five or fewer persons each at any viewing, are used to show films, motion pictures, videocassettes, slides, or other photographic, digital or electronic reproductions which are characterized by the depiction, simulation or description of specified sexual activities or specified anatomical areas.

(Ord. No. 1298-1999, § 2, 6-1-1999)

Adult bookstore, adult novelty store, or adult video means a commercial establishment which devotes a significant or substantial portion of its stock-in-trade or interior floor space to, or has as one of its principal business purposes, the sale, rental or viewing, for any form of consideration, of (a) any books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, or (b) any instruments, devices or items which are designed or intended for use with or in specified sexual activities.

(Ord. No. 1298-1999, § 2, 6-1-1999)

Adult cabaret means a nightclub, bar, restaurant, concert hall, auditorium or other commercial establishment which features persons who appear nude or in a state of nudity or seminudity; or live performances which are characterized by the exposure of specified anatomical areas or by the exhibition of specified sexual activities.

(Ord. No. 1298-1999, § 2, 6-1-1999)

Adult motion picture theater means a commercial establishment which is distinguished or characterized by showing of films, motion pictures, videocassettes, slides, or similar photographic reproductions with an emphasis on depicting or describing specified sexual activities or specified anatomical areas which are regularly shown for any form of consideration.

(Ord. No. 1298-1999, § 2, 6-1-1999)

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.

(Code 1962, § 25-12-102(B); Ord. No. 424-1973, § 1; Code 1977, § 17.08.020)

Editor's note— Ord. No. 1763-2018, § 1, adopted Oct. 2, 2018, repealed § 17.08.022, which pertained to alternative tower structure and derived from Ord. No. 1264-1997, § 3, adopted Aug. 19, 1997; and Ord. No. 1374-2001, § 14, adopted Feb. 5, 2002.

Animal hospital means a veterinary hospital where animals are brought for medical and surgical treatment to be held during the time of such treatment. All facilities for holding the animals on the premises shall be housed in a completely enclosed building and used incidental to such medical and surgical services only. This definition shall be distinguished from a "small animal clinic" where only household animals shall be treated and kept overnight during the period of their treatment.

(Code 1977, § 17.08.025; Ord. No. 692-1980, § 22)

Banquet or reception hall means a space available for lease by private parties in which to accommodate private functions including, but not limited to, banquets, weddings, receptions, and other similar celebrations and events.

(Ord. No. 1829-2022, § 1, 5-3-2022)

Boardinghouse or roominghouse mean a building other than a hotel, cafe or restaurant where, for direct or indirect compensation, lodging and/or meals are provided for three or more boarders and/or roomers exclusive of the occupant's family.

(Code 1962, § 25-12-102(C); Ord. No. 424-1973, § 1; Code 1977, § 17.08.030)

Editor's note— Ord. No. 1298, § 6, adopted June 1, 1999, repealed § 17.08.032, which pertained to adult bookstores and derived from Ord. No. 541-1977, § 1, adopted in 1977.

Building means a structure built for the shelter or enclosure of persons, animals, chattels, property or substances of any kind, excluding fences.

(Code 1962, § 25-12-102(D); Ord. No. 424-1973, § 1; Code 1977, § 17.08.035)

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

(Code 1962, § 25-12-102(E); Ord. No. 424-1973, § 1; Code 1977, § 17.08.040)

Building height means the vertical distance measured from natural grade or the grade of an approved over-lot grading plan to the highest point on the roof surface.

(Code 1977, § 17.08.045; Ord. No. 1147-1994, § 1; Ord. No. 1807-2021, § 1, 5-18-2021)

Editor's note— Ord. No. 1763-2018, § 1, adopted Oct. 2, 2018, repealed § 17.08.047, which pertained to building mounted CMRS facility and derived from Ord. No. 1264-1997, § 3, adopted Aug. 19, 1997.

Business and professional office means the office of an engineer, dentist, doctor, attorney, real estate broker, insurance broker, architect or other similar professional persons; and any office used primarily for accounting, correspondence, research, editing, or administration.

(Code 1962, § 25-12-102(G); Ord. No. 424-1973, § 1; Code 1977, § 17.08.050)

Cafe,restaurant, or cafeteria mean a commercial eating establishment where snacks or meals are vended for consumption indoors on the premises.

(Code 1962, § 25-12-102(R3); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.055)

CDDSG means the City of Louisville Commercial Development Design Standards and Guidelines, adopted June 17, 1997 and as may be amended from time to time. The CDDSG include city-wide design standards that apply to office and retail commercial development.

(Ord. No. 1264-1997, § 3, 8-19-1997)

Central business district means the area bounded by South Street on the north, the Colorado and Southern Railroad tracks on the east, Elm Street on the south and La Farge Street on the west.

(Code 1977, § 17.08.060; Ord. No. 692-1980, § 22)

Child care center means a facility, by whatever name known, which is maintained for the whole or a part of a day for the care of five or more children under the age of 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 mentally retarded children; and includes those facilities which give 24-hour care for dependent and neglected children, and those facilities for children under the age of six years with stated educational purposes operated in conjunction with a 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 of at least six grades. A small child care center shall be a child care center with no more than six children. A neighborhood child care center shall be a facility with no more than 12 children. In addition, all child care centers shall comply and conform to rules and regulations set forth by the state department of social services.

(Code 1977, § 17.08.065; Ord. No. 804-1983, § 2)

Clinic means offices for one or more physicians, surgeons, dentists, or other practitioners of the healing arts, but does not include rooms for the abiding of patients.

(Code 1962, § 25-12-102(S3); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.070)

Club means any membership organization, including a lodge catering exclusively to members, and their guests, and whose facilities are limited to meeting, eating and recreational uses, and whose activities are not conducted principally for monetary gain.

(Code 1962, § 25-12-102(T3); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.075)

Editor's note— Ord. No. 1763-2018, § 1, adopted Oct. 2, 2018, repealed § 17.08.076, which pertained to CMRS and derived from Ord. No. 1264-1997, § 3, adopted Aug. 19, 1997.

Editor's note— Ord. No. 1763-2018, § 1, adopted Oct. 2, 2018, repealed § 17.08.077, which pertained to CMRS provider and derived from Ord. No. 1264-1997, § 3, adopted Aug. 19, 1997.

Editor's note— Ord. No. 1763-2018, § 1, adopted Oct. 2, 2018, repealed § 17.08.078, which pertained to co-location and derived from Ord. No. 1264-1997, § 3, adopted Aug. 19, 1997.

Commercial amusement means an enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, where tickets are sold or fees collected at the activity. Commercial amusements include miniature golf courses, arcades, ferris wheels, children's rides, roller coasters, skating rinks, ice rinks, bowling alleys, pool parlors, and similar activities.

(Code 1977, § 17.08.080; Ord. No. 692-1980, § 22)

Commercial development means any land development activity in the city, including but not limited to retail and office development, but not including development activity intended solely for residential, industrial or light industrial use. Commercial development also includes any addition, remodeling, relocation, or construction requiring an amendment to an approved, final commercial planned unit development plan and, with respect to Downtown Louisville, to all types of development and work stated in the design handbook for Downtown Louisville.

(Ord. No. 1293-1999, § 2, 4-6-1999)

Commercial establishment, with respect to the regulation of sexually oriented businesses, may have other principal business purposes that do not involve the depicting or describing of specified sexual activities or specified anatomical areas and still be categorized as a sexually oriented business. Such other business purposes will not serve to exempt such commercial establishments from being categorized as a sexually oriented business so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas. The term commercial establishment includes clubs, fraternal organizations, social organizations, civic organizations or other similar organizations with paid memberships.

(Ord. No. 1298-1999, § 2, 6-1-1999)

Commercial satellite dish antenna means any dish type antennae that is designed to transmit or receive video or data communication for a commercial use, including, but not limited to antennae for direct broadcast satellite, direct broadcast signals, multichannel multi-point distribution service, television broadcast signals, and two-way data communications. This definition does not include satellite earth stations that are two meters or less in diameter and located in a commercial or industrial zoning district, nor does it include microwave antennae as defined in this chapter.

(Ord. No. 1264-1997, § 3, 8-19-1997)

Common open space means a tract, parcel or area of land, an area of water, or a combination of both land and water which does not include streets, alleys, driveways, parks, off-street parking and loading areas, or public open space and other facilities dedicated to the city for public use. Common open space shall be substantially free of structures, but may contain such improvements that are approved as part of a planned unit development and are appropriate for the recreation of residents of a planned unit development.

(Code 1962, § 25-12-102(J); Ord. No. 424-1973, § 1; Code 1977, § 17.08.085; Ord. No. 1115-1993, § 1)

Common property means a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in planned unit developments or other described land areas.

(Code 1962, § 25-12-102(V3); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.090)

Comprehensive development plan means the comprehensive plan for the city which has been officially adopted to provide long-range development policies for the city and which includes, among other things, the plan for land use, land subdivision, circulation and public facilities.

(Code 1962, § 25-12-102(I); Ord. No. 424-1973, § 1; Code 1977, § 17.08.095)

Density means the number of dwelling units per acre of land devoted to housing and related open space.

(Code 1962, § 25-12-102(L); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.100)

Director means the director of the planning department or designee.

(Ord. No. 1264-1997, § 3, 8-19-1997)

Disposition means a contract of sale resulting in the transfer of equitable title to an interest in subdivided land; an option to purchase an interest in subdivided land; a lease or an assignment of an interest in subdivided land; or any other conveyance of an interest in subdivided land which is not made pursuant to one of the foregoing.

(Code 1962, § 25-12-102(M); Ord. No. 424-1973, § 1; Code 1977, § 17.08.105)

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.

(Code 1962, § 25-12-102(N); Ord. No. 424-1973, § 1; Code 1977, § 17.08.110)

Downtown Louisville means and includes (1) that certain Commercial Community (C-C) zone district set forth on the official zoning district map of the city and bounded on the north by South Street; on the south by the south line of the Town of Louisville Subdivision and south line of the Pine Street Plaza Subdivision; on the west by the alley between Main Street and LaFarge Avenue; and on the east by the south and west boundary of East Louisville Subdivision and the east line of Colorado State Highway 42; and (2) that certain Commercial Business (C-B) zone district set forth on the official zoning district map of the City and bounded on the north by the south line of the Town of Louisville Subdivision; on the south by the north line of the Mansour-Engel Subdivision; on the west by the right-of-way for County Road/Front Street; and on the east by the Burlington Northern Santa Fe Railroad Tracks.

(Ord. No. 1287-1998, § 1; Ord. No. 1293-1999, § 3, 4-6-1999)

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

(Code 1962, § 25-12-102(O); Ord. No. 424-1973, § 1; Code 1977, § 17.08.115)

Multi-unit or multifamily dwelling means a building used by two or more families living independently of each other in separate dwelling units, but does not include hotels, motels or resorts.

(Code 1962, § 25-12-102(P); Ord. No. 424-1973, § 1; Code 1977, § 17.08.120)

Single-family dwelling means a detached principal building other than a mobile home designed for or used as a dwelling exclusively by one family as an independent living unit.

(Code 1962, § 25-12-102(Q); Ord. No. 424-1973, § 1; Code 1977, § 17.08.125)

Dwelling unit means one room or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy or for rental or lease on a monthly or longer basis, physically separated from any other rooms or dwelling units which may be in the same structure, and served by not more than one gas meter and one electric meter.

(Code 1962, § 25-12-102(R); Ord. No. 424-1973, § 1; Code 1977, § 17.08.130)

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.

(Code 1962, § 25-12-102(S); Ord. No. 424-1973, § 1; Code 1977, § 17.08.135)

Employees means all persons, including proprietors, working on the premises during the largest shift at peak season.

(Code 1962, § 25-12-102(T); Ord. No. 424-1973, § 1; Code 1977, § 17.08.140)

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

(Code 1962, § 25-12-102(U); Ord. No. 424-1973, § 1; Code 1977, § 17.08.145)

Establishment of a sexually oriented business means and includes any of the following: (a) the opening or commencement of any such business as a new business; (b) the conversion of an existing business into a sexually oriented business; (c) the addition of a different sexually oriented business to any other existing sexually oriented business; or (d) the relocation of a sexually oriented business.

(Ord. No. 1298-1999, § 2, 6-1-1999)

Extended stay lodging facility means an establishment that provides temporary lodging used only for transient occupancy in units of one or more rooms which may contain a bathroom and kitchen with limited cooking facilities, and in which daily housekeeping services and 24-hour front desk services shall be available.

(Ord. No. 1281-1998, § 1, 8-4-1998)

Family means a single individual doing his or her own cooking and living upon the premises as a separate, independent, housekeeping unit; or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth or marriage; or a group of not more than two unrelated persons doing their own cooking and living together upon the premises as a single housekeeping unit, except that no more than one of such persons may be an individual who has been adjudged by a court of law as a sex offender and who is required to register as such within the community of his residence in accordance with the provisions of the C.R.S. § 18-3-412.5, as amended. Single persons of 18 years of age or older not living with parents or a legal guardian are considered to be unrelated to each other.

(Code 1962, § 25-12-102(V); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.150; Ord. No. 1340-2000, § 1)

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 16 years who is not related to an adult who resides in such home. Such facilities shall provide care and training for no more than six children as this number is set forth by the state department of social services in their rules and regulations. In addition, all shall comply and conform to the rules and regulations set forth by the state department of social services.

(Code 1977, § 17.08.155; Ord. No. 804-1983, § 2)

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, and used for confinement, screening, or partition purposes.

(Code 1962, § 25-12-102(W); Ord. No. 424-1973, § 1; Code 1977, § 17.08.160)

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.

(Code 1962, § 25-12-102(X); Ord. No. 424-1973, § 1; Code 1977, § 17.08.165)

Floor area ratio means the total square feet of floor area of all buildings on a lot divided by total lot area.

(Code 1977, § 17.08.167; Ord. No. 1195-1995, § 1)

Floodplain is defined as provided in the floodplain ordinance of the city codified in chapter 17.56.

(Code 1962, § 25-12-102(X3); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.170)

Fraternity, sorority, dormitory or group student house means a building occupied by and maintained exclusively for students affiliated with an academic or vocational institution.

(Code 1962, § 25-12-102(Y3); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.175)

Editor's note— Ord. No. 1763-2018, § 1, adopted Oct. 2, 2018, repealed § 17.08.177, which pertained to freestanding CMRS facility and derived from Ord. No. 1264-1997, § 3, adopted Aug. 19, 1997; and Ord. No. 1374-2001, § 15, adopted Feb. 5, 2002.

Frontage means that portion of a lot, parcel, tract or block abutting upon a street or other right-of-way.

(Code 1977, § 17.08.180; Ord. No. 692-1980, § 22)

Parking garage means a building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing.

(Code 1962, § 25-12-102(Z3); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.185)

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

(Code 1962, § 25-12-102(2); Ord. No. 424-1973, § 1)

Public garage means a building other than a private or parking garage used for the care or repair of self-propelled vehicles, kept for remuneration, hire or sale.

(Code 1962, § 25-12-102(A4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.195)

Gasoline service station means a building or premises on or in which the principal use is the retail sale of gasoline, oil or other fuel for motor vehicles; and which may include, as an incidental use only, facilities used for the 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 of motor vehicles, or rental operations.

(Code 1962, § 25-12-102(B1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.200)

Natural grade means the elevation of a lot undisturbed by development or, if the lot has already been developed, redevelopment, including the addition of fill, berms, retaining walls and landscaping.

(Code 1962, § 25-12-102(C1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.205; Ord. No. 1147-1994, § 2; Ord. No. 1702-2015, § 1, 10-6-2015; Ord. No. 1807-2021, § 1, 5-18-2021)

Guest house means an accessory structure which is physically detached from a single-family dwelling unit, does not contain cooking facilities, is serviced through the same utility meters or connections as the principal use, and is intended for occupancy only by guests of the family residing in the single-family dwelling.

(Code 1962, § 25-12-102(B4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.210)

Guestroom means a room in a hotel or motel offered to the public for compensation, used only for transient occupancy, and in which no provision is made for cooking.

(Code 1962, § 25-12-102(D1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.215; Ord. No. 1281-1998, § 2, 8-4-1998)

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

(Code 1962, § 25-12-102(G1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.220)

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 a peaceful occupancy of their homes.

(Code 1962, § 25-12-102(E1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.225)

Homeowners' association means an incorporated, nonprofit organization operating under recorded land agreements through which:

A.

Each lot and/or homeowner in a planned unit development or other described land area is automatically a member;

B.

Each lot is automatically subject to charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and

C.

Such charge, if unpaid, becomes a lien against the property.

(Code 1962, § 25-12-102(C4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.230)

Hospital means any building or portion thereof used for diagnosis, treatment and care of human ailments; but does not include medical clinics, rest homes, convalescent homes, nursing homes and retirement homes.

(Code 1962, § 25-12-102(F1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.235)

Hotel means an establishment that provides temporary lodging in guestrooms and in which meals, entertainment, and various personal services for the public may or may not be provided.

(Code 1962, § 25-12-102(H1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.240)

Ice cream vendor means a person or business selling or offering for sale ice cream or frozen dairy products on the streets, alleys or other public places.

(Ord. No. 1665-2014, § 1, 5-20-2014)

Editor's note— Ord. No. 1665-2014, § 1, adopted May 20, 2014, contained provisions intended for use as § 17.08.242. Inasmuch as there were already provisions so designated in the Code and at the editor's discretion to preserve the alphabetical ordering of the sections of this chapter, these provisions were alternately set out herein as § 17.08.241.

Institutional structures means structures associated with uses defined by Use Groups 9, 11 to 23, 30, and in section 17.12.030.

(Ord. No. 1264-1997, § 3, 8-19-1997)

Junk or salvage mean scrap iron, tin, brass, copper, lead or zinc, and all other scrap metals and their alloys; bones; rags or old cotton; used cloth, rubber, rope, tinfoil; bottles, machinery, tools, appliances, fixtures, utensils, boxes or crates, pipe or pipe fittings, and automobile or airplane parts; other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition; and all other products subject to being dismantled or recycled.

(Code 1962, § 25-12-102(D4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.245)

Junkyard (salvage) means any lot, parcel or tract used for the storage, keeping, sale or abandonment of junk and/or for the dismantling, demolition or abandonment of automobiles, or other junk or parts thereof.

(Code 1962, § 25-12-102(I1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.250)

Pet care businesses means a facility, lot or building in which four or more dogs or cats at least four months of age are kept commercially, for all or part of a day, for board, obedience classes, training, grooming, behavior counseling, propagation, or sale. This term includes without limitation kennels.

(Code 1962, § 25-12-102(J1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.255; Ord. No. 1629-2013, § 1, 4-16-2013)

Editor's note— Ord. No. 1629-2013, § 1, adopted April 16, 2013, changed the title of § 17.08.255 from kennel to pet care businesses.

Kindergarten means a school for children of pre-elementary school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.

(Code 1962, § 25-12-102(E4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.260)

Limited wholesale sales are an accessory use to a primary retail or restaurant use. Limited wholesale sales are sales for resale of goods or products produced and sold at retail on site as part of a business's general retail or restaurant operations.

(Ord. No. 1691-2015, § 1, 6-2-2015)

Note— See editor's note to § 17.08.262.

Live-work means a single lot with one or more structures that combine a commercial activity allowed by-right in the underlying zone district with a single residential living unit.

(Ord. No. 1691-2015, § 1, 6-2-2015)

Editor's note— Ord. No. 1691-2015, § 1, adopted June 2, 2015, renumbered the former § 17.08.262 as a new § 17.08.261 and created a new § 17.08.262 to read as set out herein. Former § 17.08.262 pertained to limited wholesale sales, and derived from Ord. No. 1615-2012, § 1, adopted June 19, 2012.

Location means a particular parcel of land that may be identified by an address or other descriptive means.

(Ord. No. 1591-2011, § 2, 3-15-2011)

Lot means a parcel of land of at least sufficient size to meet minimum requirements for use, coverage, and area, and to provide required yards and other open spaces. Such lot shall have frontage on an improved public street, or on an approved private street, exclusive of public or private alleys, and may consist of the following, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this title:

A.

A single lot of record;

B.

A portion of a lot of record;

C.

A combination of complete lots of record, complete lots of record and portions of lots of record, or portions of lots of records; and

D.

A parcel of land described by metes and bounds.

(Code 1962, § 25-12-102(F4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.265; Ord. No. 1747-2017, § 9, 11-6-2017)

Lot area means the total horizontal area within the lot lines of a lot.

(Code 1962, § 25-12-102(L1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.270)

Lot coverage means the percentage of the total lot area available for bulk or buildings.

(Code 1962, § 25-12-102(N1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.275)

Lot depth means the average horizontal distance between front and rear lot lines.

(Code 1962, § 25-12-102(O1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.280)

Double frontage lot means a lot which runs through a block from street to street and which has nonintersecting sides abutting on two or more streets or other rights-of-way.

(Code 1977, § 17.08.285; Ord. No. 692-1980, § 22)

Interior lot means a lot other than a corner lot.

(Code 1962, § 25-12-102(Q1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.290)

Front lot line means the property line dividing a lot from the right-of-way of the street. For a corner lot, the shortest street right-of-way line shall be considered as the front line. For a double frontage lot, the local street right-of-way line shall be considered as the front lot line, or, if both streets are local streets, the lot line to the front of a structure or abutting structures as established by architectural detail and plan shall be considered as the front lot line.

(Code 1977, § 17.08.295; Ord. No. 556-1977, § 11)

Rear lot line means the property line opposite the front lot line.

(Code 1977, § 17.08.300; Ord. No. 556-1977, § 11)

Side lot line means any lot line other than a front or rear lot line.

(Code 1962, § 25-12-102(T1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.305)

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

(Code 1962, § 25-12-102(U1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.310)

Matter of state interest is defined as stated in C.R.S. § 24-65.1-101 et seq. and designated by the city (see chapter 17.32).

(Code 1962, § 25-12-102(I4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.315)

Maximum employment means the average number of persons employed on the primary shift during the annual peak production period.

(Code 1962, § 25-12-102(H4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.320)

A.

1.

Medical marijuana business. Medical marijuana business means a medical marijuana center, medical marijuana-infused products manufacturer or a medical marijuana testing facility.

2.

Medical marijuana center. Medical marijuana center means a person licensed pursuant to this code to operate a business as described in the Colorado Medical Marijuana Code and chapter 5.10 of this Code that sells medical marijuana to registered patients or primary caregivers as defined in Article XVIII, Section 14 of the Colorado Constitution, but is not a primary caregiver.

3.

Medical marijuana-infused products manufacturer. Medical marijuana-infused products manufacturer means a person licensed pursuant to this code to operate a business as described in the Colorado Medical Marijuana Code and chapter 5.10 of this Code.

4.

Medical marijuana testing facility means an entity licensed to analyze and certify the safety and potency of medical marijuana.

(Ord. No. 1591-2011, §§ 1, 2, 3-15-2011; Ord. No. 1769-2019, § 28, 2-5-2019)

Editor's note— Ord. No. 1591-2011, §§ 1, 2, adopted Mar. 15, 2011, repealed the former § 17.08.321, and enacted a new § 17.08.321 as set out herein. The former § 17.08.321 pertained to medical marijuana dispensary and derived from Ord. No. 1557-2009, § 1, 10-6-2009.

Mobile food court means a commercial development where two or more mobile retail food establishments, mobile food vehicles, mobile vending carts, or ice cream vendors congregate to offer food or beverages for sale to the public and includes customary outdoor areas for eating and drinking. Operations associated with a private catered event or a city-permitted special event are not considered a mobile food court.

(Ord. No. 1802-2020, § 1, 11-17-2020)

Mobile food vehicle means a readily movable, motorized-wheeled vehicle or a towed vehicle designed and equipped to store, prepare, or serve, and sell food, but which does not include mobile vending carts as defined in section 17.08.333.

(Ord. No. 1665-2014, § 1, 5-20-2014)

Editor's note— Ord. No. 1665-2014, § 1, adopted May 20, 2014, contained provisions intended for use as § 17.08.332. At the editor's discretion to preserve the alphabetical ordering of the sections of this chapter, these provisions were alternately set out herein as § 17.08.323.

Mobile home is defined as stated in the mobile home ordinance of the city.

(Code 1962, § 25-12-102(V1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.325)

Mobile home park is defined as stated in the mobile home ordinance of the city.

(Code 1962, § 25-12-102(W1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.330)

Mobile retail food establishment means a retail food establishment that reports to and operates from a commissary and is readily moveable and equipped to serve food but which does not include mobile vending food vehicles as defined in section 17.08.323 and mobile vending carts as defined by section 17.08.333.

(Ord. No. 1665-2014, § 1, 5-20-2014)

Editor's note— Ord. No. 1665-2014, § 1, adopted May 20, 2014, contained provisions intended for use as § 17.08.333. At the editor's discretion to prevent duplication of section numbers, these provisions were alternately set out herein as § 17.08.332.

Mobile vending cart means a readily movable cart equipped to prepare, store or serve, and sell food and not exceeding a size of four feet in width by ten feet in length, excluding roof overhangs and wheels, by eight feet in height.

(Ord. No. 1665-2014, § 1, 5-20-2014)

Motel means a hotel which usually is arranged in such a manner that individual guestrooms are directly accessible from an automobile parking area.

(Code 1962, § 25-12-102(X1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.335)

A.

Natural medicine means psilocybin or psilocyn and other substances described in the Regulatory Act as "natural medicine."

B.

Natural medicine business includes a natural medicine healing center, a natural medicine cultivation facility, a natural medicine products manufacturer, or a natural medicine testing facility, or another licensed entity created by the state licensing authority.

C.

Natural medicine cultivation facility means a facility engaged in the cultivation of natural medicine.

D.

Natural medicine healing center means a facility licensed by the state licensing authority that permits a facilitator to provide and supervise natural medicine services for a participant.

E.

Natural medicine products manufacturer means a facility engaged in the manufacturing of natural medicine products.

F.

Natural medicine testing facility means a facility engaged in the testing of and research on natural medicine and natural medicine products.

G.

Regulatory Act means the Colorado Natural Medicine Code, as codified in C.R.S. § 44-50-101 et seq., as amended.

In addition to the foregoing definitions, other terms used in this title shall have the meanings ascribed to them in the Regulatory Act.

(Ord. No. 1887-2024, § 1, 12-3-2024)

Nonconforming structure or use means a lawful existing structure or use at the time the ordinance codified in this chapter or any amendments thereto becomes effective which does not conform to the requirements of the zone in which it is located.

(Code 1962, § 25-12-102(Y1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.340)

Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons.

(Ord. No. 1298-1999, § 2, 6-1-1999)

Nudity or state of nudity means:

(a)

The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or

(b)

A state of dress which fails to opaquely and fully cover human buttocks, anus, male or female genitals, pubic region, or areola or nipple of the female breast.

(Ord. No. 1298-1999, § 2, 6-1-1999)

Off-street loading space means a space located outside of a public street or alley for the discharge of passengers, or a space directly accessible to the building it serves for bulk pickups and deliveries by delivery vehicles.

(Code 1962, § 25-12-102(J4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.345)

Off-street parking area means any parking area located wholly within the limits of one or more lots.

(Code 1962, § 25-12-102(K4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.350)

Open space means land which is free of structures which are not directly related to the function of the open space.

(Code 1962, § 25-12-102(L4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.355)

A.

1.

Optional premises. Optional premises means the premises specified in an application for a medical marijuana center license or medical marijuana-infused products manufacturer license with related growing facilities in Colorado for which the application seeks authorization to grow and cultivate marijuana for a purpose authorized by Article XVIII, Section 14 of the Colorado Constitution.

2.

Optional premises cultivation operation. Optional premises cultivation operation means a business as described in the Colorado Medical Marijuana Code.

(Ord. No. 1591-2011, § 2, 3-15-2011; Ord. No. 1769-2019, § 29, 2-5-2019)

Editor's note— Ord. No. 1763-2018, § 1, adopted Oct. 2, 2018, repealed § 17.08.357, which pertained to panel antenna and derived from Ord. No. 1264-1997, § 3, adopted Aug. 19, 1997.

Park means any public land which has been designated or used for any park, open space, or recreational uses or activities including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball court, tennis court, bike or pedestrian path, open space, wilderness area, or similar land within the city.

(Ord. No. 1298-1999, § 2, 6-1-1999)

Parking space means a rectangular area containing not less than 200 square feet, with maneuvering and access space required for the standard American automobile to park within the rectangle.

(Code 1962, § 25-12-102(Z1); Ord. No. 424-1973, § 1; Code 1977, § 17.08.360)

Penthouse structure means a fully enclosed structure that projects above the roof plane of a building with a flat roof, is setback from perimeter building walls a minimum of 30 percent of the distance between the exterior building walls, and encloses an area of less than ten percent of the top floor area. Such structures often enclose mechanical equipment or elevator shafts and may be accessed only from the roof.

(Ord. No. 1264-1997, § 3, 8-19-1997)

Permitted use means a use specifically allowed in one or more of the various districts without the necessity of obtaining a use permit.

(Code 1962, § 25-12-102(M4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.365)

Person means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof.

(Ord. No. 1591-2011, § 2, 3-15-2011)

Personal service shop means an establishment for the purpose of supplying limited personal services such as, but not limited, barbershops, shoe shops, boot shops, beauty shops or a facility operated by an accredited massage therapist for the purposes of massage therapy, as defined in section 5.16.010 of this Code.

(Code 1962, § 25-12-102(N4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.370; Ord. No. 1181-1995, § 1, 2-21-1995)

Editor's note— Ord. No. 1298, § 6, adopted June 1, 1999, repealed § 17.08.373, which pertained to adult photo studio and derived from Ord. No. 541-1977, § 1, adopted in 1977.

Pitched roof means any roof with a slope greater than 1:20 and lacking a parapet designed to fully or partially screen mechanical units that may be mounted directly to the roof.

(Ord. No. 1264-1997, § 3, 8-19-1997)

Planned unit development means a project of a single owner or a group of owners acting jointly, involving a related group of residences, businesses, or industries and associated uses, planned as a single entity and therefore subject to development and regulation as one land-use unit rather than as an aggregation of individual buildings located on separate lots. The planned unit development includes usable, functional open space for the mutual benefit of the entire tract; and is designated to provide variety and diversity through the variance of normal zoning and subdivision standards so that maximum long range benefits can be gained, and the unique features of the development or site preserved and enhanced while still being in harmony with the surrounding neighborhood. Approval of a planned unit development does not eliminate the requirements of subdividing.

(Code 1977, § 17.08.375; Ord. No. 692-1980, § 22)

Planning commission means the officially appointed planning commission of the city.

(Code 1962, § 25-12-102(B2); Ord. No. 424-1973, § 1; Code 1977, § 17.08.380)

Premises is a general term which means part or all of any lot, parcel or tract, or part or all of any building or structure or group of buildings or structures located thereon.

(Code 1962, § 25-12-102(C2); Ord. No. 424-1973, § 1; Code 1977, § 17.08.385)

Private horse stables means any area wherein a horse, mule, and/or donkey is maintained for private, noncommercial recreation.

(Code 1977, § 17.08.387; Ord. No. 556-1977, § 12)

Private utility means any utility other than a municipally owned and operated utility, including telephone, electric and gas utilities, and other privately owned and operated utilities.

(Code 1962, § 25-12-102(O4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.390)

Property line means the boundary of any lot, parcel or tract as the boundary is described in the conveyance of such property to the owner, and does not include the streets or alleys upon which the such lot, parcel or tract abuts.

(Code 1962, § 25-12-102(D2); Ord. No. 424-1973, § 1; Code 1977, § 17.08.395)

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

(Code 1962, § 25-12-102(E2); Ord. No. 424-1973, § 1; Code 1977, § 17.08.400)

Public horse stables means any area wherein a horse, mule and/or donkey is maintained for public, commercial recreation for hire or boarding for hire.

(Code 1977, § 17.08.401; Ord. No. 556-1977, § 12)

Recreational enterprise means a temporary or outdoor amusement which in certain cases might be appropriate in an agricultural zone and includes carnivals, expositions, driving ranges, fairs, rodeos, tent shows and similar enterprises.

(Code 1977, § 17.08.403; Ord. No. 692-1980, § 22)

Religious institution means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

(Ord. No. 1298-1999, § 2, 6-1-1999)

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

(Code 1962, § 25-12-102(F2); Ord. No. 424-1973, § 1; Code 1977, § 17.08.405)

Retail marijuana means marijuana that is cultivated, manufactured, distributed, or sold by a licensed retail marijuana establishment. For the purposes of this section, marijuana shall have the meaning set forth in section 5.11.010 of this code.

Retail marijuana cultivation facility means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to retail marijuana product manufacturing facilities, and to other retail marijuana cultivation facilities, but not to consumers.

Retail marijuana establishment means a retail marijuana store, retail marijuana products manufacturing facility, a retail marijuana testing facility, or a retail marijuana cultivation facility.

Retail marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures, and that are produced at a retail marijuana manufacturing facility.

Retail marijuana products manufacturing facility means an entity licensed to purchase marijuana; manufacture, prepare, and package retail marijuana products; and sell marijuana and retail marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.

Retail marijuana store means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and sell marijuana and marijuana products to consumers.

Retail marijuana testing facility means an entity licensed to analyze and certify the safety and potency of retail marijuana.

(Ord. No. 1650-2013, § 1, 12-17-2013; Ord. No. 1769-2019, § 30, 2-5-2019; Ord. No. 1777-2019, § 11, 7-23-2019)

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

(Code 1962, § 25-12-102(G2); Ord. No. 424-1973, § 1; Code 1977, § 17.08.410)

Roof pitch means the slope of the roof, or the angle which is formed between the roof and the horizontal plane.

(Ord. No. 1605-2011, § 2, 12-20-2011)

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

(Code 1962, § 25-12-102(H2); Ord. No. 424-1973, § 1; Code 1977, § 17.08.415)

School means any public or private educational facility including but not limited to child care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, special education schools, junior college and universities. School includes school grounds, but not including any studio for professional work or teaching of any form of fine arts, photography, music, drama or dance.

(Ord. No. 1298-1999, § 2, 6-1-1999)

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

(Code 1962, § 25-12-102(P4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.420)

Seminude or seminudity means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breasts, as well as portions of the body covered by supporting straps or devices.

(Ord. no. 1298-1999, § 2, 6-1-1999)

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

(Code 1962, § 25-12-102(K2); Ord. No. 424-1973, § 1; Code 1977, § 17.08.425)

Sexually oriented business means and includes an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motion picture theater, or nude model studio. The term "sexually oriented business" does not mean or include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional licensed by the state engages in medically approved and recognized sexual therapy.

(Ord. No. 1298-1999, § 2, 6-1-1999)

Shopping center means a composite arrangement of shops and stores, developed as an integral unit, which provide a variety of goods and services to the general public.

(Code 1962, § 25-12-102(Q4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.430)

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.435, which pertained to signs and derived from Code 1977, § 17.08.435; and Ord. No. 692-1980, § 22.

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.440, which pertained to sign, advertising and derived from Code 1962, § 25-12-102(M2); Ord. No. 424-1973, § 1; and Code 1977, § 17.08.440.

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.445, which pertained to sign, animated and derived from Code 1962, § 25-12-102(N2); Ord. No. 424-1973, § 1; and Code 1977, § 17.08.445.

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.450, which pertained to sign, arcade and derived from Code 1962, § 25-12-102(O2); Ord. No. 424-1973, § 1; and Code 1977, § 17.08.450.

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.455, which pertained to sign, bulletin board and derived from Code 1962, § 25-12-102(P2); Ord. No. 424-1973, § 1; and Code 1977, § 17.08.455.

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.460, which pertained to sign, business and derived from Code 1962, § 25-12-102(Q2); Ord. No. 424-1973, § 1; and Code 1977, § 17.08.460.

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.465, which pertained to sign, construction and derived from Code 1962, § 25-12-102(R2); Ord. No. 424-1973, § 1; and Code 1977, § 17.08.465.

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.470, which pertained to sign, flashing and derived from Code 1962, § 25-12-102(S2); Ord. No. 424-1973, § 1; and Code 1977, § 17.08.470.

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.475, which pertained to sign, ground and derived from Code 1962, § 25-12-102(T2); Ord. No. 424-1973, § 1; and Code 1977, § 17.08.475.

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.480, which pertained to sign, identification and derived from Code 1962, § 25-12-102(U2); Ord. No. 424-1973, § 1; and Code 1977, § 17.08.480.

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.485, which pertained to sign, illuminated and derived from Code 1962, § 25-12-102(V2); Ord. No. 424-1973, § 1; and Code 1977, § 17.08.485.

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.490, which pertained to sign, nameplate and derived from Code 1962, § 25-12-102(W2); Ord. No. 424-1973, § 1; and Code 1977, § 17.08.490.

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.495, which pertained to sign, projecting and derived from Code 1962, § 25-12-102(X2); Ord. No. 424-1973, § 1; and Code 1977, § 17.08.495.

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.500, which pertained to sign, real estate and derived from Code 1962, § 25-12-102(Y2); Ord. No. 424-1973, § 1; and Code 1977, § 17.08.500.

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.505, which pertained to sign, roof and derived from Code 1962, § 25-12-102(Z2); Ord. No. 424-1973, § 1; and Code 1977, § 17.08.505.

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.510, which pertained to sign, wall and derived from Code 1962, § 25-12-102(A3); Ord. No. 424-1973, § 1; and Code 1977, § 17.08.510.

Editor's note— Ord. No. 1779-2019, § 3, adopted Oct. 15, 2019, repealed § 17.08.515, which pertained to sign, window and derived from Code 1962, § 25-12-102(B3); Ord. No. 424-1973, § 1; and Code 1977, § 17.08.515.

Special review use means a use which, although not permitted outright in a particular district, may be permitted by the planning commission or the city council in accordance with the standards and procedures set out in chapter 17.40.

(Code 1962, § 25-12-102(R4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.520)

Specified anatomical areas means and includes any of the following:

A.

Less than completely and opaquely covered:

1.

Human genitals, pubic region;

2.

Buttocks, anus; or

3.

Female breasts below a point immediately above the top of the areola; or

B.

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

(Code 1977, § 17.08.521; Ord. No. 541-1977, § 1; Ord. No. 1298-1999, § 3, 6-1-1999)

Specified sexual activities means and includes any of the following:

A.

The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;

B.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

C.

Masturbation, actual or simulated;

D.

Human genitals in a state of sexual stimulation, arousal, or tumescence; or

E.

Excretory functions as part of or in connection with any of the activities set forth in subsections A through D of this definition.

(Code 1977, § 17.08.522; Ord. No. 541-1977, § 1; Ord. No. 1298-1999, § 4, 6-1-1999)

Street means a public or private thoroughfare for vehicular traffic, other than an alley or driveway including the entire area between the boundary lines thereof.

(Code 1962, § 25-12-102(C3); Ord. No. 424-1973, § 1; Code 1977, § 17.08.525; Ord. No. 1747-2017, § 10, 11-6-2017)

Arterial street means any street serving major traffic movements which is designed primarily as a traffic carrier between cities or between various sections of the city, which forms part of a network of through streets, and which provides service and access to abutting properties only as a secondary function.

(Code 1962, § 25-12-102(S4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.530)

Collector street means any street designed primarily to gather traffic from local or residential streets and carry it to the arterial system.

(Code 1962, § 25-12-102(T4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.535)

Freeway street means any divided street or highway with complete access control and grade-separated interchanges with all other public streets and highways. For the purposes of this title, the term "freeway" includes the term "expressway."

(Code 1962, § 25-12-102(U4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.540)

Frontage street means a local street lying parallel to and adjoining an arterial street or freeway right-of-way, which provides access to abutting properties and protection from through traffic.

(Code 1962, § 25-12-102(V4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.545)

Local street means any street other than an arterial, collector, or freeway street.

(Code 1977, § 17.08.546; Ord. No. 556-1977, § 12)

Structure means anything constructed or erected with a fixed location from the ground above grade, but does not include poles, lines, cables, or other transmission or other distribution facilities of public utilities.

(Code 1962, § 25-12-102(D3); Ord. No. 424-1973, § 1; Code 1977, § 17.08.550)

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

(Code 1962, § 25-12-102(E3); Ord. No. 424-1973, § 1; Code 1977, § 17.08.555)

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by specified sexual activities or by an emphasis on exposure of specified anatomical areas.

(Code 1977, § 17.08.557; Ord. No. 541-1977, § 1; Ord. No. 1298-1999, § 8, 6-1-1999)

Townhouse or rowhouse means one of a group of not fewer than three nor more than 12 attached dwelling units, each dwelling unit located on a separate lot. No single group shall exceed 240 feet in length.

(Code 1962, § 25-12-102(W4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.560)

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

(Code 1962, § 25-12-102(G3); Ord. No. 424-1973, § 1; Code 1977, § 17.08.565)

Accessory use means a subordinate use which is customarily incidental to the principal building or to the principal use of the lot.

(Code 1962, § 25-12-102(H3); Ord. No. 424-1973, § 1; Code 1977, § 17.08.570)

Nonconforming use means a use which lawfully occupies a building or land at the time the ordinance codified in this chapter or any amendment thereto becomes effective, and which, after the effective date of such ordinance or amendment, does not conform with the use regulations applicable in the zone district in which it is located.

(Code 1962, § 25-12-102(I3); Ord. No. 424-1973, § 1; Code 1977, § 17.08.575)

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

(Code 1962, § 25-12-102(J3); Ord. No. 424-1973, § 1; Code 1977, § 17.08.580)

Variance means a legal modification of applicable zoning district provisions, such as yard, lot width, yard depth, setback, and off-street parking and loading regulations, granted due to the peculiar conditions existing within a single piece of property.

(Code 1962, § 25-12-102(X4); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.585; Ord. No. 1779-2019, § 4, 10-15-2019)

Vision clearance area means a triangular area on a lot at the intersection of two streets, a street and a railroad, a street and an alley, or a street and a recreational trail, two sides of which are curb lines measured from the corner intersection of the curb 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 sides. Where the curb lines and intersections have rounded corners, the curb lines will be extended in a straight line to a point of intersection. For intersections of a street and an alley or a street and a recreational trail, the non-street curb line shall be, respectively, the alley right-of-way line and the edge of the recreational trail. The vision clearance area contains no plantings, walls, structures, or temporary or permanent obstructions exceeding two and one-half feet in height measured from the top of the curb or existing grade unless such structures or obstructions are more than 80 percent open.

(Code 1977, § 17.08.590; Ord. No. 585-1978, § 21; Ord. No. 1609-2011, § 1, 1-3-2012)

Westerly portion of Downtown Louisville means and includes (1) that portion of the Downtown Louisville commercial community (c-c) zone district which is bounded on the north by south street; on the south by the south line of the Town of Louisville subdivision; on the west by the alley between Main Street and Lafarge Avenue; and on the east by the Burlington Northern Santa Fe railroad tracks; and (2) all of that certain commercial business (c-b) zone district set forth on the official zoning district map of the city and bounded on the north by the south line of the Town of Louisville subdivision; on the south by the north line of the Mansour-Engel subdivision; on the west by the right-of-way for County Road/Front Street; and on the east by the Burlington Northern Santa Fe railroad tracks.

(Ord. No. 1294-1999, § 1, 4-6-1999)

Editor's note— Ord. No. 1763-2018, § 1, adopted Oct. 2, 2018, repealed § 17.08.592, which pertained to whip antenna and derived from Ord. No. 1264-1997, § 3, adopted Aug. 19, 1997.

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

(Code 1962, § 25-12-102(L3); Ord. No. 424-1973, § 1; Code 1977, § 17.08.595)

Front yard means the yard between the side lot lines and measured horizontally at right angles from the front lot line to the principal structure.

(Code 1977, § 17.08.600; Ord. No. 692-1980, § 22)

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

(Code 1962, § 25-12-102(N3); Ord. No. 424-1973, § 1; Code 1977, § 17.08.605)

Side yard means the yard between a principal structure 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 principal structure.

(Code 1962, § 25-12-102(O3); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 40; Code 1977, § 17.08.610)