Severance City Zoning Code

(a)

Title. This Chapter 16 is known as the Severance Land Use Code. References to "this Code," "the Development Code," or "these regulations" shall be considered a reference to the Severance Land Use Code. This Code establishes the regulations and standards governing the use and development of land within the Town. Included are provisions for the annexation, subdivision, and zoning of land, as well as the administrative procedures governing the submission of applications, administrative and public reviews, and appeals. Also included are Town standards for site and building design, landscaping, parking, and public infrastructure.

(b)

Authority. This Code is adopted pursuant to the purposes and authority contained in the Colorado Revised Statutes (C.R.S.) and the Colorado Constitution, Article XX, and the Severance Charter, independent of and in addition to Title 31, Article 23, C.R.S. This Title also supersedes any state legislative enactments which are, by their terms, subject to being superseded by adopted home rule charters or ordinances. Whenever a Section of the C.R.S. cited in this Code is later amended or superseded, this Code shall be deemed amended to refer to the amended Section or sections that most nearly corresponds to the superseded Section. Additional statutory authority may exist for specific types of land use regulations.

(c)

Jurisdiction. This Code shall apply to all structures and land within the Town's corporate boundaries, as depicted on the official zoning map. The Town's planning jurisdiction includes all land within the corporate limits and, where applicable, the lands within the Growth Management Area (GMA) as defined in the adopted Comprehensive Plan. Maps showing these and other regulatory boundaries shall be available for public inspection with the Town. For purposes of zoning and subdivision, this Code only applies to lands within the Town's corporate boundaries. It shall be unlawful to conduct any development or use of land until all specified development review processes have been followed, all applicable standards have been fulfilled, and all required approvals, permits or other authorizations have been issued.

(d)

Purposes. This Code is adopted to promote the public health, safety, and general welfare for the Town and its' citizens and businesses. The regulations have the following purposes.

(1)

Create a vital, cohesive, well-designed community to enhance the Town's character and further the citizen's vision, goals, and objectives.

(2)

Implement adopted plans, policies, and programs, including the current Comprehensive Plan.

(3)

Promote the physical, social, and economic well-being of the Town and its' citizens and businesses.

(4)

Invest public funds effectively and efficiently, and in a manner that creates lasting value for the community.

(5)

Promote innovative, quality community planning and design that creates distinct places and unique elements that enhance the character of the community.

(6)

Provide parks, trails, and civic spaces that help organize development around systems of connected open spaces.

(7)

Promote the proper arrangement and design of streets to shape efficient neighborhood development patterns to improve access and circulation patterns.

(8)

Coordinate with existing and planned streets to improve access and circulation patterns that support abutting land uses.

(9)

Divide the community into zoning districts that promote the character and development patterns of distinct places identified in the Comprehensive Plan.

(10)

Regulate the development and use of structures and land within each zoning district to create compatible development patterns.

(11)

Promote appropriate transitions to adjacent properties.

(12)

Provide a variety of housing opportunities for all citizens.

(13)

Facilitate the adequate and efficient provision of public and private infrastructure to support the Town's adopted vision and values.

(14)

Direct new development into areas with adequate public and private infrastructure and to areas that conserve environmentally sensitive lands and protect citizens from environmental hazards and dangers.

(15)

Facilitate clear and consistent development procedures for all citizens and businesses.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

The provisions of this Code shall be interpreted and applied as the minimum requirements for the promotion of public health, safety, and welfare. Whenever the requirements of this Code are at variance with the requirements of any other lawfully adopted rules, regulations, or sections, the more restrictive or that imposing the higher standard shall govern.

(a)

General rules. The following rules shall apply to the application and interpretation of these regulations, unless otherwise stated within this Code.

(1)

The singular includes the plural, and the plural includes the singular.

(2)

The words "must," "shall," and "will" are mandatory; whereas the words "may," "can," "should" and "might" are permissive but recommended as a way to best meet the standard or achieve the intent of the standard.

(3)

The word "lot" shall include the words "building site," "site," "plot," or "tract of land."

(4)

A building or structure includes any part thereof.

(5)

The present tense includes the future tense, and the future tense includes the present tense.

(6)

Lists of examples prefaced by "including the following," "such as," or other similar clauses shall not be construed as exclusive or exhaustive and shall not preclude an interpretation of the list to include other similar and non-mentioned examples.

(7)

The conjunctive "and" in a list means that all apply; the conjunctives "or" and "and/or" mean the provisions may apply singly or in any combination; and the conjunctive "either … or" means the provisions apply individually but not in combinations.

(8)

When calculations to determine a requirement result in a fraction that cannot be divided (i.e., parking spaces, trees, dwelling units, etc.) it shall be rounded up to the nearest whole number.

(9)

Any references to "Town Manager," "Manager," or any other official may also include any designee of the Town Manager.

(10)

For processes and procedure timeframes that specify a certain number of "days," it shall be assumed to mean "calendar days," unless otherwise specified.

(11)

Any reference to other official local, state, or federal government rules or regulations shall include the most current versions of those rules or regulations.

(12)

References to a person shall include the individual, a partnership, association, agency, corporation, or other legal entity and their associated representatives.

(b)

Interpretation of the zoning map. Where uncertainty exists with respect to any boundary on the official zoning map, the following rules shall apply.

(1)

Property lines. Zoning district boundaries shall be interpreted as following platted or official legal property lines unless these lines have been substantially altered.

(2)

City limits. Zoning district boundaries shall be interpreted as following the official Town limits.

(3)

Other features. Zoning district boundaries shall be interpreted as following the centerline of streets, rights-of-way, rivers, or other similar features.

(c)

Official interpretations of this Code. The Town Manager or their designee may make official interpretations in cases where there is uncertainty to the criteria of this Code. Such interpretations shall be made in writing to applicants and documented at the Town. When making an official interpretation, the following criteria shall be used.

(1)

Rational professional and technical planning principles.

(2)

Town adopted goals and policies of the Comprehensive Plan and other adopted plans and policies.

(3)

The purposes, intent, or criteria applicable to this Code and the specific article or sections related to the interpretation.

(4)

Applicable and available resources, guidelines, or industry standards.

(5)

The context and physical characteristics of the surrounding neighborhood and/or environment.

(6)

If the interpretation could be applied in a similar circumstance or situation.

(d)

Non-regulatory provisions. Purpose statements, development, and design criteria, supporting tables and/or graphics, and analysis such as captions or notes to figures and tables provide additional guidance or simplification to an interpretation of the Code criteria. In the event of a conflict, the specific written criteria shall control.

(e)

Resources, guides, and industry standards. Reputable professional and technical planning resource guides and industry "best practice" standards may be used by the Town to supplement this Code, as determined by the Town Manager and/or their designee. These resource guides and/or standards should only be used to clarify the adopted criteria or the purposes of this Code. They shall not be used to conflict with any adopted criteria but may be used in text amendments by the Town.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

All existing ordinances, resolutions, or motions of the Town Council in conflict with this Code are, to the extent of such conflict, hereby superseded and repealed, provided that no such repeal shall repeal the clauses of such section, resolution, or motion, nor revive any section, resolution, or motion thereby. The adoption of this Code shall not adversely affect the Town's right to seek remedies for any violation of previous sections that occurred while those sections were in effect.

(a)

Comprehensive Plan and advisory documents. It is the intent of the Town that this Code implements the planning policies adopted in the Comprehensive Plan, its' GMA, and all other adopted advisory documents. While this relationship is reaffirmed, it is the intent of the Town that neither this Code nor any amendment to it may be challenged on the basis of any alleged nonconformity with the Comprehensive Plan and/or adopted advisory documents, nor may any action taken in conformity with this Code be challenged on the basis of claimed inconsistency with the Comprehensive Plan and/or adopted advisory documents.

(b)

Requirement for Comprehensive Plan amendment. Where a development proposal does not conform with the Comprehensive Plan, an amendment to the Comprehensive Plan will be required before any zoning or subdivision approvals. The process for a Comprehensive Plan amendment can be found in Article 2 of these regulations.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

If any court of competent jurisdiction invalidates any provision of this Code, then such judgment shall not affect the validity and continued enforcement of any other provision of this Code.

(b)

If any court of competent jurisdiction invalidates the application of any provision of this Code, then such judgment shall not affect the application of that provision to any other building, structure, or use not specifically included in that judgment.

(c)

If any court of competent jurisdiction judges invalid any condition attached to the approval of an application for development approval, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Administrative authority on certain land use applications. Notwithstanding any other provision of this Code and subject to any limitations established by state statute, the Town Manager or such official's designee may act administratively, without resorting to the Town Council or the Planning Commission with respect to minor modifications as provided for in Article 2 of these regulations.

(b)

Town Manager. The Town Manager may delegate their authority to a department or staff position (designee) to administer and interpret certain or all aspects of this Code. Other department heads and staff may serve in an advisory role under this Code. In addition to the direct authority granted by the Charter and local ordinances, the Town Manager shall have specific review responsibilities and final administrative decisions referring to the Town Manager under the procedures and standards of these regulations. The Town Manager may bring forward amendments to the Comprehensive Plan, zoning map, and these regulations. The Town Manager and/or their designee shall assume the role as the administrator, the principal interpretation and enforcement official of these regulations, and may consult with Town Staff or relevant outside agencies to coordinate any plans, policies, and programs that impact these regulations or adopted plans and policies. Such responsibilities shall include the following:

(1)

Prepare and provide development application forms and administer the requirements and review of submittals.

(2)

Oversee the application, review, and administration processes and prepare presentations and reports for review bodies.

(3)

Issue official interpretations and approve the use of other resources, guides, and industry standards used in administering this Code.

(4)

Make final interpretations and final administrative decisions under the procedures and standards of these regulations.

(c)

Planning Commission. The Planning Commission is the appointed body responsible for long-range and comprehensive planning. The Planning Commission is established according to the Town Charter. In addition to all other general planning authorities granted by the Charter, statutes, and local ordinances, the Planning Commission shall have the specific review responsibilities and final authority referred to the Planning Commission under the procedures and standards of these regulations, as appointed by the Town Council.

(d)

Town Council. The Town Council is the elected and governing body responsible for all legislative decisions that affect the implementation of adopted plans, regulations, and policies. In addition to other general authorities granted by law, the Town Council shall have the final decision authority as outlined under the procedures and standards of these regulations.

(e)

Board of Adjustments. The Board of Adjustments (BOA) shall act in accordance with the same rules and procedures that govern the Planning Commission and Town Council. Pursuant to Section 31-23-307(1), CRS, and as amended, the Town Council hereby appoints itself to serve as the BOA. The BOA shall hear and decide major variance and appeal requests.

(1)

The BOA shall have the following powers and duties, all of which shall be subject to and in compliance with the laws of the state, in harmony with the purpose and intent of this Code and the most appropriate development of the neighborhood.

a.

To hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with enforcement of the provisions of this Code, as identified in procedures Article of this Code.

b.

To review and decide on major variance requests from the terms of this Code in accordance with the major variance review criteria and procedures of this Code.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Responsible enforcement entity. The Town Manager and/or their designee shall be responsible for enforcing the provisions of this Article.

(b)

Violations and enforcement procedures.

(1)

Violations. It shall be unlawful to violate any provision of this Code.

(2)

Specific activities violating this Code. It shall be a violation of this Code to undertake any of the following activities.

a.

Activities inconsistent with Code. Erecting, constructing, reconstructing, remodeling, altering, maintaining, expanding, demolishing, moving, using any building, structure, or sign, or engaging in development or subdivision of any land in contravention of any zoning, subdivision, sign, or other regulation of this Code, including terms and conditions of all required approvals.

b.

Land-disturbing activities inconsistent with the Code. Excavating, grading, cutting, clearing, or undertaking any other land disturbance activity contrary to the provisions of this Code or without first obtaining all requisite land use approvals required by this Code or other applicable regulations.

c.

Nonconforming uses or structures inconsistent with Code. Creating, expanding, replacing, or changing a nonconforming use, structure, lot, or sign, except in compliance with this Code.

d.

Making lots or setbacks nonconforming. Reducing or diminishing the lot area, setbacks or open space below the minimum required by this Code.

e.

Increasing intensity of use. Increasing the intensity of use of any land or structure, except in accordance with the procedural and substantive standards of this Code.

f.

Activities inconsistent with permit or approval. Engaging in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval or other form of authorization required to engage in such activity, whether issued under or required by this Code.

g.

Activities inconsistent with conditions of approval. Failing to comply with any terms, conditions or limitations placed by the Town upon any final development plan, subdivision plat, permit, or other form of approval by the Town.

h.

Agreements to convey. Making any agreement to convey or conveyance of any lot or undivided parcel of land, contrary to the provisions of this Code or prior to approval of a final plat by the Town; it shall be a separate violation for each lot or parcel of land sold or agreed to be sold.

i.

Activities inconsistent with the order of Town. Failing to comply with any stop-work order, abatement order or any other order issued by the Town pursuant to this Code.

(3)

Separate violations. Any person who violates or causes the violation of any of the provisions of this Code shall be guilty of a separate offense for every day or portion thereof during which a violation is committed, permitted, or continues.

(4)

Remedies and enforcement powers. The Town Manager and/or their designee shall have the following remedies and powers to enforce this Code:

a.

Civil remedies and enforcement powers.

1.

Deny/withhold entitlements. The Town Manager and/or their designee may deny or withhold all entitlements, including certificates of occupancy, or other forms of authorization to use or develop any land, structure, or improvements, until an alleged violation, associated civil penalty, and/or liens resulting from a previous final order related to such property, use, or development is corrected. This provision shall apply whether the current owner or applicant for the permit or other approval is responsible for the violation.

2.

Revoke entitlements. Any entitlement or other form of authorization required under this Code may be revoked when the Town Manager and/or their designee determines one (1) or more of the following:

i.

There is a departure from the approved plans, specifications, limitations, or conditions as required under the entitlement.

ii.

The entitlement was procured by false representation.

iii.

The entitlement was issued in error.

iv.

There is a violation of any provision of this Code.

3.

Upon revoked entitlements. Written notice of revocation shall be served upon the property owner, agent, applicant, or other person to whom the entitlement was issued, or such notice may be posted in a prominent location at the place of violation. No work or construction shall proceed after service of the revocation notice. An entitlement shall only be revoked by way of a procedure that is equivalent (in terms of due process) to the proceeding that originally granted the entitlement.

4.

Stop-work orders.

i.

Whenever any building or structure or site or part thereof is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, in substantial violation of any state or local building codes, or in a manner that endangers life or property, the Town Manager and/or their designee has the authority to issue a stop-work order for the specific part of the work that is in violation or presents the hazard.

ii.

With or without revoking permits, the Town Manager and/or their designee may issue an order to stop-work on any property on which there is an uncorrected violation of either a provision of this Code or a provision of an entitlement or other form of authorization issued under this Code.

iii.

The stop-work order shall be in writing and posted at the site of the work and shall specify the provisions of this Code or other law allegedly in violation. After any such order has been posted, no work shall proceed on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with the order.

iv.

Once conditions for resumption of the work have been met, the Town Manager and/or their designee shall rescind the stop-work order.

5.

Civil penalties. Violation of this Code may be punishable through imposition of a civil penalty as set forth in the Town's Municipal Code.

6.

Injunctive relief. The Town Manager and/or their designee may seek injunctive relief or other appropriate relief in district court or other court of competent jurisdiction against any person who fails to comply with any provision of this Code, or any requirement or condition imposed pursuant to this Code. In any court proceedings in which the Town seeks a preliminary injunction, it shall be presumed that a violation of this Code is a real, immediate, and irreparable injury to the public; that the public will be irreparably injured by the continuation of the violation unless the violation is enjoined; and that there is no plain and adequate remedy at law for the subject code violation.

7.

Abatement. The Town may abate the violation pursuant to the procedures set forth in Chapter 7 of the Town's Municipal Code. Unless the notice is appealed, pursuant to Article 2 of these regulations, to the Board of Adjustment within ten (10) days of service of the notice, the Town Manager and/or their designee shall proceed to abate the violation.

b.

Criminal remedies and enforcement powers.

1.

Misdemeanor. A person shall be guilty of a misdemeanor upon conviction in any case where a violation of this Code exists, where notice of violation, including any stop-work, enforcement, or compliance order has been properly served, and where such person fails to comply with such notice stop-work, enforcement, or compliance order.

2.

Penalty. Failure to comply with all the provisions of this Code shall constitute a misdemeanor and, upon conviction, is punishable as set forth in Article 4 (General Penalty) of Chapter 1 of the Town's Municipal Code. Each day that such violation continues to exist shall be considered a separate offense.

(5)

Persons responsible. The owner, tenant or occupant of any building or land or part thereof, as well as any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Code, may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

(6)

Cumulative remedies. The remedies provided for violations of this Code, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law or equity and may be exercised in any order. Each 24-hour period or portion thereof is considered a separate violation under this Code.

(7)

Continuation of prior enforcement actions. Nothing in this Code shall prohibit the continuation of previous enforcement actions undertaken by the Town pursuant to previous regulations.

(8)

Liability of Town. This Code shall not be construed to hold the Town responsible for any damages to persons or property by reason of the inspection or reinspection or failure to inspect or reinspect, by reason of issuing a building permit or by reason of pursuing or failing to pursue an action for injunctive relief.

(9)

Violations. Violations of this Code may be enforced in the municipal court or any other court with jurisdiction, by any appropriate equitable action, by abatement, by issuance of stop-work orders, by injunction and restraining order, by revoking any permits or approvals issued and by assessing any amounts due or delinquent fines as taxes. Any one (1) or any combination of the foregoing penalties and remedies may be used to enforce this Code.

(10)

Costs and attorney fees for enforcement for abatement are to be paid to the Town. Costs and attorney fees associated with said abatement shall be charged to the owner of the property on which said violation has occurred and any other person responsible for the violation, as defined in this Code.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Purpose. The purpose of this Article is to regulate and limit the development and continued existence of zoned legal uses, structures, lots, signs, and use characteristics such as parking and landscaping, established prior to the adoption of this Code, or the adoption of future amendments to this Code, that no longer conform to the requirements of this Code. All such situations are collectively referred to in this Article as "nonconformities." While nonconformities may continue, the provisions of this Article are designed to curtail substantial investment in nonconformities to bring about their eventual elimination to preserve the integrity of this Code and the character of the Town.

(b)

Authority to continue.

(1)

Generally. Any nonconformity that lawfully existed as of the adoption of this Code and that remains nonconforming, and any nonconformity that is created as a result of any subsequent rezoning or amendment to the text of this Code, may be continued or maintained as a nonconformity only in accordance with the terms of this Article.

(2)

Exception due to variances or minor modifications. This Article shall not apply to any development standard or feature that is the subject of a variance or minor modification granted under this Code. Where a variance or minor modification has been granted that results in a development standard or feature that does not otherwise conform to the requirements of this Code, that development standard or feature shall be deemed conforming.

(c)

Determination of nonconformity status. In all cases, the burden of establishing the existence of a legal nonconformity shall be solely upon the owner of the nonconformity, not the Town.

(d)

Nonconformities created through government action. If a structure, use of land, use of structure, or characteristic of use does not comply with the requirements of this Code solely as a result of an acquisition of land or other action by a government agency for a public purpose, then such structure, use of land, use of structure, or characteristic of use on land not acquired by the government shall be deemed conforming. For purposes of this Section the word "land" means fee simple interest in real estate.

(e)

Change of ownership or tenancy. Changes of ownership, tenancy, or management of property with an existing nonconformity are permitted but such nonconformities shall continue to be subject to the provisions of this Article.

(f)

Damage or destruction.

(1)

If a nonconformity is damaged or destroyed by any means to an extent greater than fifty percent (50%) of its floor area or its actual value at the time of damage or destruction (as determined by the Weld County Assessor), then such nonconformity shall not be reestablished or restored to its original condition unless it is made to conform to the requirements of this Code.

(2)

Where a nonconforming building is damaged less than fifty percent (50%) of its floor area or its actual value at the time of damage or destruction (as determined by the Weld County Assessor), it may be repaired or restored, provided any such repair or restoration is started within six (6) months and is completed within eighteen (18) months from the date of partial destruction.

(g)

Maintenance and minor repair.

(1)

Minor repairs or maintenance of nonconformities that are required to keep structures or sites in a safe condition are permitted, provided that the minor repair or maintenance does not increase the extent or degree of the nonconformity. For purposes of this Section, "maintenance or minor repair" shall mean the following:

a.

Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or interior appearance of a building or structure without expanding or altering the building or structure;

b.

Maintenance of land areas to protect against health and environmental hazards and promote the safety of surrounding land uses; and

c.

Repairs that are required to remedy unsafe conditions that cause a threat to public safety.

(h)

Improvements triggering upgrades in nonconforming characteristics. If an application is filed for a building permit or for reconstruction, remodeling, expansion, or other improvements of a multi-family, commercial, industrial, or mixed-use structure, and the value of the proposed improvements total more than twenty-five percent (25%) of its replacement cost of the primary structure(s) on the property, the applicant shall be required to address the following nonconformities prior to, or as part of the improvements authorized by, such land use permit or building permit, unless the Town determines that such nonconformities have no significant adverse impact on surrounding properties taking into account the following features.

(1)

Screening of mechanical equipment;

(2)

Screening walls or fences (for parking areas or storage areas);

(3)

Driveway surfacing;

(4)

Landscaping;

(5)

Parking; and

(6)

Lighting.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Limitations on continuation of nonconforming uses of land. Nonconforming uses of land or structures may continue, subject to the general provisions of this Article and the following limitations:

(1)

No nonconforming use of land shall be expanded, enlarged, or increased. An expansion of a nonconforming use shall include, but is not limited to, any change that results in any of the following:

a.

An increase in usable floor area or an increase in percentage of the use of the parcel or lot, of a nonresidential use.

b.

The addition of a dwelling unit to a residential use. Any nonconforming use on a lot or portion thereof may be altered to decrease its nonconformity.

(2)

No nonconforming use of land shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the regulations that make the use nonconforming.

(3)

Any nonconforming use may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment of the applicable regulations, but no such use shall be extended to occupy any land outside such buildings.

(4)

No additional structure not conforming to the requirements of this Code shall be erected in connection with the nonconforming use of land or structure.

(b)

Change of use. A nonconforming use permitted under this Code shall not be changed or replaced with a different nonconforming use.

(c)

Abandonment or cessation of use. If a nonconforming use ceases for any reason, except when government action impedes access to the premises, on a lot or any portion of a lot for a period of more than six (6) consecutive months, the nonconforming use shall be considered abandoned. Once abandoned, the prior legal nonconforming status of the use shall be considered terminated, and re-establishment of the use shall be prohibited. Any subsequent use of the property shall comply with all applicable provisions of this Code.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Continuation of nonconforming structures generally. Nonconforming structures may continue, subject to the general provisions of this Article and the following limitations.

(1)

No nonconforming structure may be enlarged or altered in a way that increases its nonconformity, including but not limited to any new construction in violation of required setbacks or building height in the applicable zone district; but any structure or portion thereof may be altered to decrease its nonconformity. This Subsection shall not be construed to allow the expansion of a nonconforming use of structure.

(2)

Should a nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved.

(3)

Structural changes to a nonconforming building that have the effect of increasing the life of the nonconforming building shall not be permitted, unless the building official determines that such change is necessary to rectify a hazardous condition or safety concern.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Unless otherwise provided in this Code, single-family residences and customary accessory buildings may be erected on any legally created single lot of record existing at the time of adoption of this Code. Such a lot must have been in separate ownership and not of continuous frontage with other lots under the same ownership. This provision shall apply even though such lot fails to meet the requirements of the district in which it is located for area, width or both area and width; provided however, that the minimum setback requirements of the district shall be met unless a variance has been granted as provided herein.

(b)

If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of adoption of this Code, and part or all of said lots do not meet the requirements of the zone district in which they are located as to minimum area or width, or both minimum area and width, for the purpose of this Article, the lands shall be considered to be an undivided parcel, and no portion of said parcel shall be sold or used in a manner which diminishes compliance with the lot area and width requirements established in this Code.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Termination of legal, nonconforming signs.

(1)

The purpose of amortization is not only to provide a reasonable grace period during which the owner is permitted to continue a legal, nonconforming sign, and to recover its economic investment, but also to assure that the district in which the nonconforming sign exists will eventually benefit from a substantial uniformity of permanent and conforming signs.

(2)

A nonconforming sign shall be removed and brought into compliance with this Code upon verification that any of the following conditions have been met:

a.

The use to which such nonconforming sign refers has been abandoned for a continuous period of one hundred and eighty (180) days;

b.

Such sign is damaged or destroyed, and the cost to repair, restore or replace the sign exceeds fifty percent (50%) of the cost of a new sign; or

c.

The regulation or amendment to the Code that made the sign nonconforming has been in effect for ten (10) years or more.

(b)

Extension of time to comply. The time for a sign to be brought into compliance with the requirements of this Code may be extended at the request of the sign owner or lessee. In evaluating the extension of time for a nonconforming sign, the Town shall consider the following factors to determine whether the owner of the sign has had a reasonable amount of time to recoup the initial investment.

(1)

The value of the sign at the time of construction and the length of time the sign has been in place;

(2)

The life expectancy of the physical structure and its salvage value, if any;

(3)

The amount of depreciation and/or amortization of the sign already claimed for tax or accounting purposes;

(4)

The length of the current tenant lease or expected occupancy compared to the date the sign is to be brought into compliance;

(5)

The extent to which the sign is not in compliance with this Article;

(6)

The degree to which the Town determines that the sign is consistent with this Code and its purposes; and

(7)

Whether the sign has historical or landmark significance and should, therefore, be exempt from amortization.

(c)

Maintenance, alteration, reconstruction or replacement of nonconforming signs. All legal, nonconforming signs shall be maintained in good condition and shall not be any of the following.

(1)

Changed to another nonconforming sign;

(2)

Structurally altered;

(3)

Altered to increase the degree of nonconformity of the sign;

(4)

Expanded;

(5)

Re-established after discontinuance for ninety (90) consecutive days of the use to which the sign pertained;

(6)

Continued after a change of the use or activity to which the sign pertains; or

(7)

Re-established after damage or destruction if the estimated cost of reconstruction exceeds fifty percent (50%) of the cost of replacement.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

This Article specifies procedures necessary to implement Article 68 of Title 24, C.R.S., which establishes a vested property right to undertake and complete development of real property under the terms and conditions of an approved site-specific development plan. No vested rights shall be created within the Town except through a site-specific development plan. For purposes of this Article of Code, a site-specific development plan shall be limited to the following: Preliminary subdivision, final subdivision, site plan, and/or a development agreement that creates a vested property right and is adopted as a legislative act of the Town. Zoning and annexation shall not result in the creation of vested property rights, other than as accompanied by the approval of a site-specific development plan. For all other development application types of this Code, applicants should reference the Lapse of Approval criteria and application specific Effect of decision criteria of this Code.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

(a)

Request for site-specific development plan approval. Landowners wishing for the creation of vested property rights pursuant to Article 68 of Title 24, C.R.S. shall request such approval in writing at least thirty (30) days prior to the date that the approval is to be considered. Failure of the landowner to request such an approval renders the plan not a "site-specific development plan" and no vested property rights shall be deemed to have been created.

(b)

Notice and hearing. No site-specific development plan shall be approved until the Town publishes notice of such a hearing in accordance with the applicable development application notification requirements of Article 2 of this Code. Such notice may, at the Town's option, be combined with any other required notice. At such a hearing, all interested persons shall have an opportunity to be heard.

(c)

Approval, conditional approval, effective date, amendments, referendum, and review.

(1)

A site-specific development plan shall be deemed approved upon the effective date of the Town action granting final approval of the plan. The vested property right shall attach to and run with the applicable property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site-specific development plan, including any amendments thereto.

(2)

The Town Council may approve a site-specific development plan with terms and conditions as may be necessary to protect the public health, safety, and welfare. Such conditional approval will result in a vested property right, although failure to abide by all such terms and conditions shall result in a forfeiture of the vested property right.

(3)

In the event amendments to a site-specific development plan are approved, the effective date of such amendments, for purposes of duration of a vested property right, shall be the date of the approval of the original site-specific development plan unless the Town Council specifically finds to the contrary and incorporates such findings in its approval of the amendment.

(4)

The approval of vested property rights shall be subject to all rights of referendum and judicial review.

(5)

The approval of vested property rights shall be subject to all rights of referendum and judicial review, except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of a notice to the general public of the site-specific development plan and creation of vested property rights.

(d)

Notice of approval.

(1)

Each plat or site plan constituting a site-specific development plan by this Code shall contain proper notice. Failure to contain this statement shall invalidate the creation of the vested property right. The notice shall state the following.

a.

"This plan constitutes a site-specific development plan as defined in Article 68 of Title 24, C.R.S. and as adopted as part of the Land Use Code by the Town of Severance, Colorado."

(e)

Duration of vested property rights. A property right that has been vested as provided herein shall, upon compliance with the terms and conditions of the approval thereof, remain vested for a period of two years, except that the Town Council may, in its sole discretion, grant vested property rights for a longer period within a final plat, site plan, and/or development agreement when warranted in light of all relevant circumstances, including but not limited to the size and phasing of the development, economic cycles and market conditions. The vesting period shall not be extended by any amendments to a site-specific development plan unless expressly authorized by the Town Council in an ordinance approving such amendments. For purposes of this Code, completion of a development shall include installation of all engineered improvements (i.e., water, wastewater, streets, curb, gutter, sidewalks, fire hydrants and storm drainage improvements) in accordance with the Town rules and regulations.

(f)

Extensions. A vested property right may be extended for periods of one year by the Town Council. The property owner must request an extension in writing not later than 30 days prior to the date of expiration of the vested right. Prior to the expiration of the original vesting timeframe or the extension timeframe, an applicant may formally request an additional extension if substantial progress has been made on installation of public improvements. In considering whether to grant an extension, the Town Council shall apply the following criteria.

(1)

That there is no conflict with this Code or any conflict with the Code can be corrected by an amendment to the plan, which shall be presented with the request for extension.

(2)

That the applicant has demonstrated that the plan continues to be compatible with adjacent properties and the surrounding areas or that compatibility may be established by an amendment to the plan, which shall be presented with the request for an extension.

(3)

That the applicant has demonstrated that the plan is consistent with the Town's Comprehensive Plan.

(g)

Other provisions unaffected. Approval of a site-specific development plan shall not constitute an exemption or waiver of any other provisions or requirements of this Code or the Town pertaining to the development or use of property, adopted or applicable before or after the approval of the site-specific development plan.

(h)

Payment of costs. In addition to all other fees and charges imposed by this Code, the applicant for approval of a site-specific development plan shall pay all costs incurred by the Town related to such application, including but not limited to publication of notices, public hearing costs, county recording fees and third-party review costs.

(i)

Limitations. This Article is enacted pursuant to the provisions of Article 68 of Title 24, C.R.S. In the event of the repeal of said Article or a judicial determination that said Article is invalid or unconstitutional, this Article shall be deemed to be repealed and the provisions hereof no longer effective.

(j)

Disclosure of previously granted vested property rights and hazards.

(1)

Any petition for annexation to the Town shall describe all vested property rights approved by any local government in effect at the time of the petition, if any, and shall be accompanied by all site-specific development plans approved by any local government. Failure to so identify any previously approved vested property right and to provide all approved site-specific development plans shall constitute a waiver of the vested rights created by any other local government upon annexation to the Town, unless specifically provided otherwise in the ordinance of annexation adopted by the Town.

(2)

The applicant shall be required to include with any plan submitted for approval as a sitespecific development plan notice of any natural or human-made hazards on or in the immediate vicinity of the subject property that are known to the applicant or could be discovered at the time of submission of the plan. Should a hazard on or in the immediate vicinity of the property be discovered subsequent to the approval of a site-specific development plan, which would impose a serious threat to the public health, safety and welfare and is not corrected by the applicant, the vested property right created by such site-specific development plan shall be forfeited by the applicant.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)

As used in this Code, the following words shall have the following definitions ascribed to them, unless otherwise provided for in this Code.

Accessory building means a subordinate building or structure, the use of which is customarily incidental to that of the main building or to the main use of the land, which is located on the same lot (or on a contiguous lot in the same ownership) with the main building or use. Accessory buildings are only permitted when they are incidental or accessory to an existing and permitted principal or special use.

Accessory dwelling or ADU means an internal, attached, or detached dwelling that provides complete independent living facilities for one (1) or more individuals; is located on the same lot as the proposed or existing primary residence; and includes facilities for living, sleeping, eating, cooking, and sanitation. An ADU may also be known as an "accessory apartment," "secondary suite," or "mother-in-law apartment."

Accessory use means a subordinate use, incidental and related to the main structure, building or main use of land, which is located on the same lot (or on a contiguous lot in the same ownership) as that of the main building or to the main use of the land.

Active open space means an open space area developed primarily for community access and recreation including sports, exercise, or active play. These areas may include hardscape or landscape areas that have been formally designed and constructed.

Adjacent means meeting or touching at some point or separated from a lot or parcel by one (1) of the following: A street, alley, other right-of-way, lake, stream, or open space.

Adjacent on-street parking means on-street parking that is located directly next to a proposed development. At least fifty percent (50%) of the length of the proposed space must be within the dimensions of the proposed development to be eligible as an adjacent on-street space.

Adjacent property owner means an owner of record of any estate, right or interest in real property adjacent to or within a 300-foot radius of the subject property.

Adult-oriented use means a use of property where the principal use, or a significant or substantial adjunct to another use of the property, is the sale, rental, display or other offering of live entertainment, dancing or material that is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to specified sexual activities or specified sexually related anatomical areas as the primary attraction to the premises. For purposes of this Code, the definition of adult-oriented use shall not include a use of property where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the state engages in a medically recognized practice, including but not limited to sexual therapy.

Affordable housing unit for rent means a dwelling unit that is available for rent on terms that would be affordable to households earning eighty percent (80%) or less of the median income of Town residents, as adjusted for family size as determined by the U.S. Department of Housing and Urban Development, and paying less than thirty percent (30%) of their gross income for housing, including rent and utilities. The unit must be occupied by and be affordable to such low-income households for a period of at least twenty (20) years or permanently.

Affordable housing unit for sale means a dwelling unit that is available for purchase on terms that would be affordable to households earning eighty percent (80%) or less of the median income of Town residents, as adjusted for family size, and paying less than thirty-eight percent (38%) of their gross income for housing, including principal, interest, taxes, insurance, utilities and homeowners' association fees. The unit must be occupied by, reserved, or marketed for occupancy and affordable to such low-income households for a period of at least twenty (20) years or permanently.

Agricultural land means real property that is being used for one (1) or more agricultural activities.

Agriculture, noncommercial or noncommercial agriculture means home-based agricultural activity focusing on raising livestock, food, etc. for noncommercial purposes.

Agriculture, commercial or commercial agriculture means farming, including plowing, tillage, cropping, use of best management practices, seeding, cultivating, or harvesting for the production of food and fiber products; the grazing or raising of livestock (except in feedlots); sod production; orchards, tree farms and nurseries and the cultivation of products for commercial purposes.

Alley means a minor or secondary way that is used primarily for vehicular service access to the back or side of a property or properties otherwise abutting a street.

Alley loaded unit means an attached or detached single-family dwelling unit which has a garage that is accessed from an alley and not from a street.

Alteration means any change, addition or modification in construction, occupancy, or use.

Amusement center. See Recreation facility, indoor.

Amusement park means an outdoor enterprise with the main purpose of providing the general public with recreational entertainment activities and where tickets are sold, or fees are collected for such activities. Examples of such recreational entertainment activities include but are not limited to miniature golf courses, outdoor arcades, Ferris wheels, children's rides, roller coasters, skateboard parks, go-cart tracks, water parks and similar uses.

Animal boarding means the operation of an establishment in which domesticated animals other than household pets are housed, groomed, bred, boarded, trained, or sold. This term shall not include the operation of a kennel.

Applicant means the owner of land, the owner's authorized representative or the optionee of the land who is submitting an application for consideration and approval by the Town for annexation, subdivision, zoning, development, or other land use requiring approval.

Appurtenances means the visible, functional, or ornamental objects subordinate to the use of property.

Aquifer recharge area means an area where water is absorbed into a natural aquifer, adding to the zone of saturation.

Automotive repair, major means an establishment primarily engaged in the repair or maintenance of commercial and heavy truck-oriented motor vehicles, trailers, and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, provided that activities are conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline, or petroleum products.

Automotive repair, minor means an establishment primarily engaged in the repair or maintenance of passenger and light truck-oriented motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune-ups and transmission work, car washing, detailing, polishing or the like, provided that activities are conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline, or petroleum products.

Awning means a roof-like cover of canvas or other material extending in front of a doorway or window or over a deck to provide protection from the sun or rain.

Awning sign means a wall sign that is painted, stitched, sewn, or stained onto the exterior of an awning.

Bar or tavern means an establishment primarily providing or dispensing fermented malt beverages and/or malt, vinous or spirituous liquors and in which the sale of food products, such as sandwiches or light snacks, is secondary.

Beacon, revolving means a rotating source of light.

Bed and breakfast means an establishment operated in a private residence or portion thereof, which provides temporary accommodations to overnight guests for a fee, and which is occupied by the operator of such establishment.

Bike trail means a path or trail designed for use by bicyclists, which may be used by pedestrians.

Block means a unit of land or a group of lots bounded by streets or by a combination of streets and public lands or other rights-of-way other than an alley, waterway, or any barrier to the continuity of development, or land that is designated as a block on any recorded subdivision tract.

Boarding and rooming house means a building or portion thereof that is used to accommodate, for compensation, two (2) or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensation shall include compensation in money, services, or other items of value.

Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels, or property of any kind, which is governed by the following characteristics:

(1)

It is permanently affixed to the land.

(2)

It has one (1) or more levels and a roof.

Building code means the set of standards that must be followed in the construction and remodeling of buildings and structures, as adopted by the Town in Chapter 18 of the Municipal Code.

Building façade lighting means the lighting of a building facade for architectural, aesthetic, or decorative purposes.

Building frontage means the horizontal, linear dimension of that side of a building that abuts a street, parking area, mall, or other circulation area open to the public and has either a main window display or a public entrance to the building.

Building height means the vertical distance from the average curb elevation to the highest roof surface.

Building permit means a document signed by the building administrator as a condition precedent to the commencement of the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a building, which acknowledges that such structure complies with the provisions of this Code.

Caliper means the American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six (6) inches above the ground for trees up to and including four-inch caliper size and as measured at twelve (12) inches above the ground for larger sizes.

Canopy sign means a wall sign that is permanently affixed to a roofed shelter attached to and supported by a building, with columns extending from the ground or with a combination of a building and columns.

Cash-in-lieu (also known as fee-in-lieu) means an amount of money to be paid by the applicant to the Town at the determination of the Town Council, instead of dedication or other requirements.

Cemetery means land used or intended to be used for the burial of the dead.

Child care center means a facility, by whatever name known, that is operated for the whole or part of a day for the care of five (5) or more children, who are eighteen (18) years of age or younger and who are not related to the owner, operator, or manager thereof, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as child care centers, school-age child care centers, before- and after-school programs, kindergartens, preschools, outdoor nature-based preschool programs, day camps, and summer camps, and includes those facilities for children under six (6) years of age with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school; except that the term does not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six (6) grades.

Cluster homes means single-family homes formally planned, constructed, and managed by an association for maintenance-free living in a park-like atmosphere with private, accessible natural areas and privacy being the dominant features. Land ownership is generally, but not exclusively, held in common ownership.

Common equestrian stabling and grazing means shared pastures and/or common barns for horses that are owned and maintained by a homeowners' association.

Community facility means a publicly owned facility or office building that is primarily intended to serve the recreational, educational, cultural, administrative or entertainment needs of the community as a whole.

Company vehicle means a vehicle that is used solely for the purposes of the business. It is assumed that the vehicle will be parked at the proposed development during off-hours of the business. Company vehicles do not include semi-trucks or other large vehicles used for transportation of freight.

Compatibility means the characteristics of different uses or activities or design that allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include but are not limited to, height, scale, mass, and bulk of structures. Other characteristics include but are not limited to pedestrian or vehicular traffic, circulation, access, and parking impacts. Additional factors that affect compatibility are landscaping, lighting, noise, odor, and architecture. Compatibility does not necessarily mean the same as; rather, compatibility refers to the ability of a development proposal to complement the character of existing development.

Comprehensive Plan means the plan that was most recently adopted by the Planning Commission and Town Council in accordance with Section 31-23-206, C.R.S. to guide the future growth, protection, and development of the Town, affording adequate facilities for housing, transportation, comfort, convenience, public health, safety, and general welfare of its population.

Condominium or condo means a single dwelling unit in a multiple-unit structure, which is separately owned, and which may be combined with an undivided interest in the common areas and facilities of the property.

Conservation easement means a nonpossessory interest in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open space values of real property, assuring its availability for agricultural, forest, recreational or open space use and protecting natural resources or maintaining air or water quality.

Convenience center means a shopping and service center located in a complex that is planned, developed, and managed as a single unit and located within and intended to primarily serve the consumer demands of adjacent employment areas and residences.

Convenience retail store means a retail store containing less than five-thousand (5,000) square feet of gross floor area that sells everyday goods and services, which, without limitation, may include ready- to-eat food products, groceries, over-the-counter drugs, and sundries.

Covenants means a private written agreement between property owners outlining regulations specific to a development.

Critical plant communities means vegetation essential to the conservation of threatened or endangered species that may require special management considerations or protection.

Crosswalk means a pathway marked off for pedestrians to cross a street.

Cul-de-sac means a local street having only one (1) outlet and the other end for the reversal of traffic movement.

Cultural assets means buildings, locations and other features considered by the Town as historically, culturally, or socially significant to the community.

Deck means a roofless outdoor space built as an above-ground platform projecting from the wall of a building and connected by structural supports at grade or by the building structure.

Dedication means any grant by a property owner of a right to use land for the public, involving a transfer of property rights and acceptance of the dedicated property by the appropriate public agency.

Density means the overall average number of dwelling units located on the gross or net residential acreage (as applicable) contained within a development and calculated on a per-acre basis. Gross density is calculated by dividing the total number of units by the total acreage. Net density is calculated by dividing the total number of units by the difference between the total acreage, less all publicly dedicated land.

Detention basin means a human-made or natural water collection facility designed to collect surface and subsurface water in order to control its flow and release the same gradually at a rate not greater than that prior to the development of property into natural or human-made outlets.

Developer means any person, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale, or lease of a development.

Development means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land or the dividing of land into two (2) or more parcels. When appropriate in context, development shall also mean the act of developing or the result of development. Development shall include any of the following activities:

(1)

Any construction, placement, reconstruction, alteration of the size or material change in the external appearance of a structure on land.

(2)

Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development.

(3)

Any change in use of land or a building.

(4)

Any alteration of a shore or bank of a river, stream, lake, pond, reservoir, or wetland.

(5)

The commencement of drilling oil or gas wells, mining, stockpiling of fill materials, filling, or excavation on a parcel of land.

(6)

The demolition of a building.

(7)

The clearing of land as an adjunct of construction.

(8)

The deposit of refuse, solid or liquid waste or fill on a parcel of land.

(9)

The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property.

(10)

The construction of a roadway through or adjoining an area that qualifies for protection as a wildlife or natural area.

Development shall not include the following:

(1)

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track if the work is carried out on land within the boundaries of the right-of-way.

(2)

Work by any public utility for the purpose of inspecting, repairing, renewing or constructing on established rights-of-way any mains, pipes, cables, utility tunnels, power lines, towers, poles or the like, provided that this exemption shall not include work by a public entity in constructing or enlarging mass transit or fixed guideway mass transit depots or terminals or any similar traffic-generating activity.

(3)

The maintenance, renewal, improvement, or alteration of any building if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.

(4)

The use of any land for an agricultural activity.

(5)

A change in the ownership or form of ownership of any parcel or building.

(6)

The creation or termination of rights of access, easements, and covenants concerning development of land or other rights in land.

Development plan means the written and graphical documents that detail the provisions for development. A site-specific development is a type of development plan. The provisions of a development Plan may include easements, covenants and restrictions relating to use; location and bulk of buildings and other structures; intensity of use or density of development; utilities, private and public streets, ways, roads, pedestrian areas and parking facilities and common open space and other public facilities.

Duplex unit (see dwelling, single-family attached).

Dwelling means a building or portion thereof used for residential occupancy, including but not limited to single-family dwellings, two-family dwellings, and multi-family dwellings.

Dwelling, multi-family means a building or portion thereof designed to contain three (3) or more dwelling units. Each unit typically does not have direct access to the outside, and each unit is attached to another unit at one (1) or more party walls and at either the floor or the ceiling. Multi-family does not include single-family attached units such as townhomes and/or duplexes, nor does it include hotels, motels, and similar group accommodations.

Dwelling, single-family means a building designed to exclusively contain one (1) dwelling unit for occupancy by one (1) family but not including mobile homes, otherwise provided for herein.

Dwelling, single-family attached means a building containing dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. The term is intended primarily for such dwellings as townhomes, duplexes, and zero-lot-line homes.

Dwelling, single-family detached means a single-family dwelling that is not attached to any other dwelling or building by any means, excluding mobile homes, otherwise provided for herein.

Dwelling, two-family means a building designed for and occupied by two (2) families living independently of each other.

Dwelling unit means one (1) or more rooms, a single kitchen and at least one (1) bathroom designed, occupied, or intended for occupancy as separate quarters for the exclusive use of a single-family for living, cooking and sanitary purposes, located in a single-family, two-family, or multi-family dwelling or mixed-use building.

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

Eave means the overhanging lower edge of a roof.

Elevation means the external vertical plane of a building. Building elevations are considered to be different if they have different roof lines, building materials, details, color, and overall stylistic expression.

Entertainment facility and theater means a building or part of a building devoted to showing motion pictures or dramatic, musical, or live performances.

Environmentally sensitive areas means aquifer recharge areas, significant wildlife habitat and migration corridors, unique vegetation and critical plant communities and ridgelines.

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 Town of Severance, by any applicable state or federal law or regulation, or by any affordable housing guidelines applicable to the dwelling unit.

Family child care home means a facility for child care a facility for child care operated with or without compensation or educational purposes in a place of residence of a family or person for the purpose of providing less than 24-hour care for children under the age of eighteen (18) years who are not related to the head of such home. Family child care home may include infant-toddler child care homes, large child care homes, experienced provider child care homes and such other types of family child care homes designated by rules of the State Department of Social Services pursuant to Section 26.5-5-314(2)(n), C.R.S, and as amended.

Farm animals means animals commonly raised or kept in an agricultural rather than urban environment, including but not limited to pigs, sheep, goats, horses, cattle, llamas, alpacas, emus, ostriches, donkeys, and mules. Also referred to as livestock.

Feedlot means a tract of land or structure, pen, or corral, wherein farm animals, including but not limited to cattle, horses, sheep, goats, emus, ostriches, or swine, are maintained in close quarters for the purpose of fattening such farm animals for final shipment to market.

Floodplain or flood hazard area means any area designated by the Federal Emergency Management Administration (FEMA) as a Special Flood Hazard Area with a one percent (1%) or more annual chance of flooding, or any area designated by the Colorado Water Conservation Board as susceptible to inundation by water from any source.

Flood-prone means areas subject to flooding that have not been designated by the Colorado Water Conservancy Board or FEMA.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than one-foot.

Floor area, also called gross floor area, means the total square footage of the building measured along the outside walls of the building and including each floor level but not including exterior open balconies, garages or other enclosed automobile parking areas and basement storage areas and not including one-half (0.5) of all storage and display areas for durable goods.

Floor Area Ratio (FAR) means the amount of gross floor area of all principal buildings on a lot or block, as the case may be, divided by the total area of such lot, or the block size, respectively, on which such buildings are located. For mixed-use blocks, the residential square footage shall be added to the commercial development for a total block FAR.

Footcandles means one (1) lumen per square foot of site area. Primary measurement of illumination in the Town of Severance.

Footprint, also called ground level footprint, means the outline of the total area that is covered by a building's perimeter at ground level.

Freestanding sign means a sign that is supported by a structure or braces extended from the ground or that is erected on the ground. These include monument signs but do not include signs attached to building structures.

Fully shielded fixture means a fixture with a solid barrier (cap) at the top of the fixture in which the lamp (bulb) is located. The fixture is angled so the lamp is not visible below the barrier (i.e., no light visible below the horizontal angle).

Functional open space means open space that is large enough to serve a practical purpose, such as recreation, wildlife habitat or preservation of areas of agricultural, archaeological, or historical significance and shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells or their appurtenances or other hazards to the public.

Gable means the triangular portion of a wall enclosing the end of a pitched roof from the cornice or eaves to the ridge.

Garage, split means a building with at least two (2) separate garages that are oriented in different directions.

Garage, tandem means a garage that allows for the parking of one (1) car in front of another.

Gasoline station means any building, land area, premises, or portion thereof, where gasoline or other petroleum products or fuels are sold and light maintenance activities, such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning, may be conducted. Gasoline station shall not include premises where heavy automobile maintenance activities, such as engine overhaul, automobile painting and body fender work, are conducted.

Grade means the following two (2) situations:

(1)

The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and a property line or, when the property line is more than five (5) feet from the building, the lowest point of such finished surface elevation within the area between a building and a line five (5) feet from the building.

(2)

The degree of rise or descent of a sloping surface.

Grade, natural means the elevation of the ground surface in its natural state before human-made alterations.

Grocery store means a retail establishment primarily selling food as well as other convenience and household goods, which occupies a space of at least five thousand (5,000) square feet but not more than twenty-five thousand (25,000) square feet. A large grocery store, greater than twenty-five thousand (25,000) square feet, is synonymous with a supermarket.

Gross square footage (GSF) means the total floor area designed for occupancy and use, including basements, mezzanines, stairways, and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.

Group home means a residence operated as a single dwelling, which is licensed by or operated by a government agency for the purpose of providing special care or rehabilitation due to age, physical condition or illness, mental condition or illness, social, behavioral or disciplinary problems, or homelessness provided that authorized supervisory personnel are present on the premises.

Historic site means a structure or place of historical significance. Such structure or place may be designated a historic site by local, state or federal government and given official status and protection.

Home-based business means any occupation, profession, activity, or use conducted within a residential dwelling unit that is clearly incidental and secondary to the use of a residential dwelling unit, which does not change the exterior of the property or affect the residential character of the area, and which meets the provisions of this thereof.

Illumination, direct means lighting by means of an unshielded light source, including but not limited to neon tubing, which is effectively visible as a part of a sign where light travels directly from the source to the viewer's eye.

Illumination, indirect means lighting by means of a light source directed at a reflecting surface in a way that illuminates a sign from the front or a light source that is primarily designed to illuminate an entire building facade upon which a sign is displayed. Indirect illumination does not include lighting that is primarily used for purposes other than sign illumination; e.g., parking lot lights or lights inside a building that may silhouette a window sign but are 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 a translucent material.

Indoor recreation facility means a place where recreation activities occur completely within an enclosed structure, including but not limited to bowling alleys, skating rinks, pool halls and video and pinball parlors.

Industrial, heavy means uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, a use engaged in storage of or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that potentially involve hazardous conditions. Heavy industrial also means those uses engaged in the operation, parking and maintenance of vehicles, cleaning of equipment or work processes involving solvents, solid waste or sanitary waste transfer stations, recycling establishments and transport terminals (truck terminals, public works yard and container storage).

Industrial, light means uses engaged in the manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, or distribution of such products. Further, light industrial means uses such as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories or the like. Light industrial shall not include uses such as mining and extracting industries, petrochemical industries, rubber refining, primary metal, or related industries.

Infrastructure means improvements such as streets, water systems, wastewater and solid waste disposal systems, storm drainage systems, electric, gas or other utilities, bridges, roadways, trail systems and sidewalks, bus stops and so forth, which serve the common needs of the population and provide the basic framework for urban daily life.

Junkyard means an industrial use contained within a building, structure or parcel of land or portion thereof that is used for collecting, storing, or selling wastepaper, rags, scrap metal or discarded material or for collecting, dismantling, storing, salvaging, or demolishing vehicles, machinery or other material and including the sale of such material or parts thereof.

Kennel means a facility that is licensed to house dogs, cats, or other household pets and/or where grooming, breeding, boarding, training, or selling of animals is conducted as a business.

Landscaping means any combination of living plants, such as trees, shrubs, plants, vegetative ground cover or turf grasses, and may include structural features such as walkways, fences, benches, works of art, reflective pools, fountains, or the like. Landscaping shall also include irrigation systems, mulches, topsoil use, soil preparation, revegetation or the preservation, protection, and replacement of existing trees.

Large retail establishment means a retail establishment or any combination of retail establishments in a single building that occupies more than twenty-five thousand (25,000) gross square feet of floor area, except that no supermarket shall be deemed to be a large retail establishment.

Laundry and dry-cleaning retail outlet means a laundry or dry-cleaning business that consists primarily of serving retail customers, provided that any laundry and dry-cleaning processing that occurs on the premises is limited to items that are brought directly to the premises by the retail customer.

Light trespass means light that illuminates surfaces or that is visible beyond the property line of any lot.

Livestock (see farm animals).

Lodging establishment means a building or guest room(s) within a building intended and used for occupancy as a temporary abode for individuals who are lodged with or without meals.

Lot means a designated parcel, tract or area of land established by plat or subdivision or otherwise permitted by law, occupied, or intended to be occupied by such uses and structures permitted under these rules and regulations together with required open spaces, and which has direct access onto a public or private street.

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

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

Lot, double frontage means a lot that fronts on one (1) public street and backs onto another public street.

Lot, flag means a lot shaped and designed so that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street.

Lot line, front means the property line dividing a lot from a street. On a corner lot, only one (1) line (the line with the shortest street frontage) shall be considered as a front line, and the line with the longer street frontage shall be considered a side lot line.

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

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

Lot, reverse corner means a corner lot, the side lot line of which is substantially a continuation of the front lot line to the rear lot line.

Lot size means the total horizontal area within the property lines of a lot; this is synonymous with lot area.

Lot width means the distance parallel to the front lot line, measured at the front building setback line. Lot width on a curving front lot line means the distance parallel to the tangent of the front lot line at the building setback line. The lot width and the lot frontage may have different lengths on an irregularly shaped lot as they are measured at different points on the lot.

Lumen means the unit of light measurement. Used in the Town of Severance for lighting that does not illuminate a surface (i.e., light that is projected upwards towards the sky).

Manufactured home means a single-family dwelling that meets the following:

(1)

It is partially or entirely manufactured in a factory.

(2)

It is at least twenty-four (24) feet wide and thirty-six (36) feet long.

(3)

It is permanently affixed to and installed on an engineered, permanent foundation.

(4)

It has a pitched or cosmetically equivalent roof and brick, wood, wood composite, vinyl, metal, or stucco exterior siding.

(5)

It complies with Housing and Urban Development (HUD) standards or standards of the adopted building code, as applicable, or meets or exceeds equivalent requirements and performance engineering standards.

Manufacturing means a business that makes products by hand or by machinery.

Maximum service capacity means the maximum number of patrons that may visit a restaurant or similar establishment at any given time, as set by the fire department or other public safety entities.

Maximum uniformity ratio means the ratio of maximum-to-minimum illumination levels. This is calculated by dividing the maximum light level by the minimum light level.

Mixed-use means the development of a lot, tract or parcel of land or building with two (2) or more different uses, including but not limited to residential, office, retail or public uses, personal service or entertainment uses that is designed, planned, and constructed as a unit.

Mixed-use building means a building designed, planned, and constructed as a unit, used partially for residential use and partially for commercial uses, including but not limited to office, retail or public uses, personal service, or entertainment uses.

Mixed-use dwelling unit means the dwelling unit in a mixed-use building. For purposes of calculating residential density, each mixed-use dwelling unit shall count as one-half (0.5) dwelling unit.

Mobile home means a single-family dwelling unit partially or entirely manufactured in a factory, built on a permanent chassis, and designed to be transported on streets to the place where it is to be occupied as a dwelling unit. A mobile home shall conform to the following design and installation standards:

(1)

It is not less than twelve (12) feet wide and thirty-six (36) feet long.

(2)

It is partially or entirely manufactured in a factory.

(3)

It is designed for longer-term residential use.

(4)

It meets or exceeds, on an equivalent performance engineering basis, standards established by the Town's adopted building code.

(5)

It is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended.

Modified grid pattern means a grid pattern of streets and blocks adapted to the topography, unique natural features, environmental constraints, and peripheral open space areas.

Motor vehicle service and repair (see automotive repair).

Natural area means an area of land that may include one (1) or more floodplains and floodways, natural drainage and waterways, significant native trees and vegetation, wildlife travel corridors, special habitat features such as raptor nest sites, key nesting, breeding or feeding areas for birds, fox and coyote dens, prairie dog colonies over twenty-five (25) acres in size, remnant native prairie habitat, plains cottonwood galleries and any wetland greater than one-quarter (¼) acre in size.

Neighborhood commercial center means an area containing businesses that are intended to provide goods and services to the immediate neighborhood (within a walkable radius of approximately one-half (0.5) mile).

Nightclub means a bar or tavern containing more than one hundred (100) square feet of dance floor area.

Nonconforming building means a building, structure, or portion thereof that does not conform to the regulations of this Chapter but was lawfully constructed under the regulations in force prior to adoption of this Chapter.

Nonconforming use means a use that does not conform to the use regulations of this Chapter.

Off-street parking area means all off-street areas and spaces designed, used, required or intended to be used for the parking, storage, maintenance, service, repair, display or operation of motor vehicles, including driveways or access ways in and to such areas but not including any outdoor storage area used principally as a recreational vehicle, boat or truck storage use, storage areas for landscaping and other bulk items or public streets and rights-of-way.

Oil and gas operation means any structure, facility or activity that is constructed on or disturbs land in association with oil or gas drilling, production or waste treatment and disposal, including but not limited to wells, tanks or tank batteries, pits, access roads for ingress and egress and pipelines.

Open space means any land or water area with its surface open to the sky that serves specific uses of providing park and recreation opportunities, conserving natural areas and environmental resources, structuring urban development form, and protecting areas of agricultural, archaeological, or historical significance. Open space shall not be considered synonymous with vacant or unused land but serves important urban functions. Usable open space shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells and their appurtenances or other hazards to the public.

Outdoor storage means the keeping, in an unroofed area, of any equipment, goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours. Containers and semi-trailers may not be used for residential uses or storage uses except on construction sites.

Outlot means a measured piece of land contained within subdivided land that is not a building lot. An outlot may be conveyed to the public for open space or other public purposes, be retained by the developer for later subdivision or be conveyed to an owners' association.

Owners' association means the association set up to enforce the covenants and maintain all common areas and buildings for a development. In the case of a residential development, such association may also be known as a homeowners' association.

Parcel means a tract, lot, or plot of land.

Park means a tract of land designated and used by the general public or membership (if privately owned) for active and passive recreation and education.

Parking lot means an off-street parking area or vehicular use area.

Passive open space means an open space area development primarily for leisure, relaxation, or the preservation of nature. These areas may include landscaped garden beds, wildlife habitats, native planting areas, or similar spaces within the community.

Patio home means an attached or detached single-family dwelling unit that typically maxes out at one (1) or one and one-half (1.5) stories. Units tend to be much smaller in their overall footprint, lot size, and typically include narrower setbacks which result in lower maintenance costs.

Pedestrian accessway means a facility used for on-foot travel by patrons, including without limitation, sidewalks, crosswalks, pathways, whether or not located in the right-of-way.

Pedestrian scale, also known as human scale, means the proportional relationship between the dimensions of a building or building element, street, outdoor space or streetscape element and the average dimensions of the human body, considering the perceptions, and walking speed of a typical pedestrian.

Phase means a portion of property that is being platted and engineered for development at the same time.

Plat means a map of certain described land giving form, detail and substance to a development plan or site plan and prepared in accordance with the requirements of this Code and Section 3851-106, C.R.S., as an instrument for recording of real estate interests with the County Clerk and Recorder.

Playground zone area means a designated safety area surrounding each item of playground equipment that must be kept free and clear if other structures, decorations, or similar devices.

Porch means a roofed or otherwise covered projection from a main wall of a dwelling entrance and open on three (3) sides, except for wire screening. A porch shall not be considered open if enclosed by glazing.

Prime farmland means land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides, and labor and without intolerable soil erosion, as determined by the Secretary of Agriculture. Prime farmland includes land that possesses the above characteristics but is currently being used to produce livestock and timber. It does not include land already in or committed to urban development or water storage.

Private property rights means the rights of a property owner within the Town to use his or her property within the legal parameters set forth in this Code and subject to applicable local, state, and federal regulations.

Professional office means an office for professionals such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, accountants, and others who through training are qualified to perform services of a professional nature and where no storage or sale of merchandise exists, except as accessory to the professional services.

Proof of ownership means ownership as specified in a current title insurance commitment, policy or certification of title issued by a title insurance company licensed to do business in the state.

Property means all real property subject to development regulation by the Town.

Public areas means streets, parks, open spaces and other property designated or described for public use on a map or plat of the Town for which fee title is vested in the Town, another public body or a special district as defined in Section 32-1-103, C.R.S.

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

Public improvement means any irrigation or drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, landscaped open space, off-street parking area, lot improvement or other facility that is intended for primary benefit to the public.

Public open space means open space area conveyed or otherwise dedicated to the Town, county, state or other public body for recreational or conservation uses. Public open spaces are to be unencumbered by oil and gas operations, their appurtenances, or other hazards to the public.

Recreation facility, indoor means a recreational land use that is conducted entirely within a building, with or without seating for spectators, and that provides accommodations for a variety of individual, organized or franchised events, including but not limited to arcade, arena, art gallery, art studio, art center, auditorium, athletic center, bowling alley, community center, exhibit hall, game center, gymnasium, library, museum, performance theater, skating rink, swimming pool, tennis court and support facilities.

Recreation facility, outdoor means a recreational land use conducted in open or partially enclosed or screened facilities, including but not limited to athletic fields, driving ranges, miniature golf, swimming pools, racquet courts, basketball courts, skate parks, bike parks, motorized model airplane facilities and motorized cart tracks.

Recycling facility means a building or site used for the collection and/or processing of recyclable material. Processing means the preparation of material for efficient shipment by such means as baling, compacting, flattening, grinding, crushing, mechanical sorting or cleaning. Such a facility, if entirely enclosed within a building, shall be considered a warehouse.

Resource extraction, processes and sales means removal or recovery by any means whatsoever of sand, gravel, soil, rock, minerals, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, exposed or submerged.

Restaurant, drive-through means an establishment in which the principal business is the sale of food and beverages to the customer in a ready-to-consume state and in which the design or principal method of operation of all or any portion of the business is to allow food or beverages to be served directly to the customer in a motor vehicle through a window.

Restaurant, fast-food means an establishment in which the principal business is the sale of food and beverages to the customer in a ready-to-consume state intended to be fast and convenient and may include a drive-through.

Restaurant, standard means an establishment in which the principal business is the sale of food and beverages to customers in a ready-to-consume state, generally for consumption on the premises.

Re-subdivide means the changing of any existing lot or lots, street rights-of-way or easements of a subdivision plat previously recorded with the County Clerk and Recorder.

Retention basin means a pond, pool or basin used for permanent storage of water runoff.

Ridgeline means a line connecting the highest points along a ridge and separating drainage basins or small-scale drainage systems from one (1) another.

Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another special use. The usage of the term right-of-way for land-platting purposes shall mean that every right-of-way established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use on the plat on which such right-of-way is established.

Roadway means that portion of the street between the regularly established curb lines.

Sanitary facilities means amenities such as toilets, urinals, lavatories, showers, utility sinks and drinking fountains and the service buildings containing these units.

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

Septic system means individual sewage disposal systems as defined by the Weld County Department of Public Health and Environment.

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

Setback means the required unoccupied open space between the nearest projection of a building or specific part thereof and the nearest property line of the lot on which the structure is located.

Setback, front yard means the distance a building or structure must be placed from the front lot line.

Setback, rear yard means the distance a building or structure, excluding an open deck, must be placed from the rear lot line.

Setback, side yard means the distance a building or structure must be placed from the side lot line.

Shared parking means parking that is utilized by two (2) or more businesses in the immediate vicinity.

Shopping center means a group of retail and service establishments located in a complex that is planned, developed, owned, or managed as a unit with off-street parking provided on the property.

Short-term rental means the rental offered for less than thirty (30) consecutive days of any property or portion of a property that is available for lodging, whether a whole house, a private room or space in a house, or shared accommodations; except that the term excludes a hotel or motel unit.

Sight distance triangle means the area at the four (4) corners of an intersection that is to be kept free of shrubs, groundcover, berms, fences, structures or other materials or items greater than thirty-six (36) inches in height. Trees shall not be planted in the triangular area. The size of the sight distance triangles is determined as follows.

(1)

At the intersection of any two (2) streets or where a street intersects with an alley, a triangle measuring thirty (30) feet along each curb or edge of roadway from its point of intersection, the third side being a diagonal line connecting the first two (2).

(2)

At the intersection of a driveway or private access and a street, a triangle measuring fifteen (15) feet in length along the edge of the driveway and along the curb or edge of roadway from its point of intersection, the third side being a diagonal line connecting the first two (2).

Sign, window means a sign that is painted on, applied to, or attached to a window or that can be read through the window from the public right-of-way.

Significant wildlife habitat and migration corridors means areas designated by the Colorado Division of Wildlife and/or the Colorado Natural Diversity Information Source as areas of landscape that provide food, cover and water sufficient to meet the needs of a given species to survive and reproduce.

Site plan means a scale drawing that shows proposed uses and structures for a parcel of land. Included are the actual measurements of lot lines, lot area, streets, private roadways, the size and location of any existing or proposed buildings, the location of the lot in relation to abutting streets and other details, such as parking areas and spaces, access points, landscaped area, setbacks from lot lines, building heights, floor areas, densities, utility locations and easements. A site plan is a more detailed representation of a proposed development than is shown on a plat and may also include statistical data as required.

Site-specific development plan means the final plat of a subdivision or final development plan when approved by the Town Council pursuant to Article 2 of this Code.

Small animal boarding (see kennels).

Small lot detached development means a division or redivision of land to create single-family detached dwelling units in appropriately zoned property. Each unit is located on its own fee simple lot, typically surrounded by common open space which is often managed by an association or similar entity.

Street furniture means constructed objects, such as outdoor seating, kiosks, bus shelters, sculpture, tree grids, trash receptacles, fountains, and telephone booths, which have the potential for enlivening and giving variety to streets, sidewalks, plazas, and other outdoor spaces open to and used by the public.

Streetscape means the distinguishing character of a particular street within the public right-of-way, including paved materials, and the adjacent space extending along both sides of a street, including landscaping, sidewalks, medians, lighting, street furniture and signage.

Subdivision means the division or re-division of land into one (1) or more lots, tracts, or other parcels of land, or other division or re-division for the purpose, whether immediate or future, of transfer of ownership or sale of ownership of real estate or property. The term "subdivision" shall not apply to any division of land which creates parcels of land each of which comprises thirty-five (35) or more acres of land and none of which is intended for use by multiple owners or any other exemption granted in Section 30-28-101(10)(b), C.R.S.

Subsidence means a local mass movement that involves the downward settling or sinking of the solid earth surface, commonly known as a sinkhole. Subsidence may be due to natural geologic processes or human activity such as mineral extraction.

Supermarket means a retail establishment primarily selling food as well as other convenience and household goods, which occupies a space greater than 25,000 square feet.

Temporary use means a prospective use intended for limited duration to be located in a zoning district that does not permit such use. Such use may not exceed one hundred and eighty (180) days unless renewal, limited to one (1) time, is granted by the Town Council and the use does not involve the construction of any permanent structure. Temporary uses are regulated in this Code. A temporary use shall not include continuing a nonconforming use or building.

Title commitment means a formal documentation from a title company, listing the name of the owner of the property, the legal description of the property and any items of public record affecting title to such property, including easements, secured interests, liens or other items, appurtenances, and encumbrances.

Town Council means the governing board of the Town.

Townhome unit means a single-family attached dwelling of three (3) or more units but not more than six (6) dwelling units per structure. Each unit has direct access to the outside, and the units are attached to each other by party walls. No unit is located over another unit.

Tree lawn (tree way) means a strip of landscaping within the right-of-way, generally between the roadway and adjacent sidewalk.

Trip means a single or one-way vehicle movement to or from a property or study area. Trips can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time.

Unshielded lighting means lighting that does not have a barrier preventing horizontal or vertical light trespass. Such lighting shall only be used in the Town of Severance for security purposes or as otherwise specified in code.

Vehicle major repair, servicing and maintenance means any building, land area, premises, or portion thereof where heavy maintenance activities, such as engine overhauls, automobile or truck painting, body or fender work, welding, or the like, are conducted. Such use shall not include the sale of fuel, gasoline, or petroleum products.

Vehicle minor repair, servicing and maintenance means the use of any building, land area, premises, or portion thereof where light maintenance activities, such as engine tune-ups, lubrication, carburetor cleaning, brake repair, car washing, detailing, polishing or the like, are conducted.

Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site-specific development plan, pursuant to and in accordance with Article 1 of this Code and other applicable laws, ordinances, or regulations.

Walkway means a right-of-way dedicated to public use that is not within a street right-of-way, to facilitate pedestrian access through a subdivision block by means of a hard surface path or any portion of a parking lot area restricted to the exclusive use of pedestrian travel.

Warehouse and distribution means a use engaged in storage, wholesale, and distribution of manufactured products, supplies or equipment, including accessory offices or showrooms or incidental retail sales but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

Warehousing means a business storing or stocking merchandise or commodities.

Wireless communication equipment means equipment used to provide wireless telecommunication service that is not affixed to or contained within a wireless communication facility but is instead affixed to or mounted on an existing building or structure that is used for some other purpose. Wireless communication equipment also includes a ground-mounted base station used as an accessory structure that is connected to an antenna mounted on or affixed to an existing building.

Wireless communication facility means any freestanding facility, building, pole, tower, or structure used to provide only wireless communication services and that consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless communication services.

Wireless communication services means services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal Communications Commission for paging systems, enhanced specialized wireless communication, personal communication services or cellular telephones.

Workshop and custom small industry means a facility wherein goods are produced or repaired by hand using hand tools or small-scale equipment, including small engine repair, furniture making and restoring, upholstering, restoration of antiques and other art objects or other similar uses.

Yard means that portion of the open area on a lot extending open and unobstructed from the ground upward from a lot line for a depth or width specified by the regulations for the zoning district in which the lot is located.

Yard, front means a yard extending across the full width of the lot between a front lot line and the nearest line or point of a building.

Yard, rear means a yard extending across the full width of a lot between the rear lot line and the nearest line or point of a building, not including an open deck.

Yard, side means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building.

Zero lot line townhouse development means the division of land to create single-family attached dwelling units, as defined in this Code, with common (or "party") walls. Each unit is located on a lot in such a manner that one (1) or more of the dwelling's sides rests on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple.

Zoning district means a designation of zoning category by the Town as set forth in this Code.

Zoning map means the official map adopted by the Town, as amended from time to time, depicting the location of zoning districts throughout the area of property within the Town's municipal boundaries.

(Ord. No. 2025-15, § 3(Exh. A), 8-12-25)