11-2-1: DEFINITIONS (3599)
(A) The following words, terms and phrases, when used in this Chapter, shall have the following meanings unless the context clearly indicates otherwise:
ACCESSORY BUILDING shall mean any detached building, structure, or portion thereof that is not habitable, is located on the same principal lot as a habitable structure, and is clearly incidental to the principal structure, such as but not limited to a garage, storage shed, gazebo, pergola, dog run, or similar structure. An accessory building shall not include a fence, play equipment, outdoor fireplace, fire-pit, cooking grill, trellis, arbor, or similar structure not intended for use as a shade or storage structure. An accessory building also shall not include a miniature structure that is less than five (5) feet in height such as a fountain, play house, doll house, or dog house.
AMBULANCE SERVICE shall mean a privately-owned facility for the dispatch, storage, and maintenance of emergency medical care vehicles.
ANTIQUE shall mean an article of glass, china, furniture, musical instrument, or similar furnishing or decoration that has been used by one or more persons and which has greater value than when it was originally created and sold and has significance as a result of age, design, quality, historical association, or affiliation with a well-known person.
ANTIQUE SHOP shall mean a shop or store that devotes more than 75 percent of its retail floor area to the sale of antiques.
APPEAL shall mean a request for a review of the interpretation of any provisions of this ordinance, or a request for review of the identification of any floodplain or floodway as indicated in any Official Flood Study.
APPLICANT shall mean a person, partnership, company, corporation, public agency, or the assigns of such entities that request permission to engage in land development activity.
ARCHITECTURAL PROJECTION shall mean any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, including roof overhangs, mansards, unenclosed exterior balconies, marquees, bay windows, immovable awnings, canopies, pilasters, fascias, and the like, but not including signs.
ASSISTED LIVING RESIDENCE shall mean a state licensed residential facility that provides impaired adults with room and board, personal services, protective oversight and supervision, and social care due to impaired capacity, but not to the extent that regular 24-hour medical or nursing care is required and subject to the limitations in Section 25-27-102, C.R.S., as amended.
ATTACHED SENIOR HOUSING UNIT shall mean an attached residential dwelling unit within a housing project restricted to persons 60 years of age or over, or as may otherwise be determined by Council.
AWNING shall mean a roof-like cover that projects from the wall of a building as an architectural detail or for the purpose of shielding an area, doorway, or window from the elements.
BASE FLOOD (100-YEAR FLOOD) shall mean the flood having a 1 percent probability of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE) shall mean the water surface elevation of the base flood (100-year flood) as indicated in the official flood studies.
BILLBOARD shall mean a sign and its structure, advertising an establishment, merchandise, service, or entertainment that is not sold, produced, manufactured or furnished on the property, where the said sign is located.
BODY PIERCING/TATTOO PARLOR shall mean an establishment that engages in the non-medical act of penetrating the skin other than the ears, to make, generally permanent in nature, a hole, mark, or scar. The term “body piercing/tattoo” shall apply to body illustrations but exclude permanent cosmetics such as lip liner, eyeliner, or eyebrow enhancement.
BUILDING CODE shall mean the latest edition of the Building Code as amended and adopted by the City Council of the City of Westminster.
BUILDING OFFICIAL shall mean the officer or other person charged with the administration and enforcement of the Building Code and Sign Code or the Building Official's duly authorized representative.
BUILDING SERVICE EQUIPMENT shall mean the plumbing, mechanical, and electrical equipment, including piping, wiring, fixtures, and other accessories that provide sanitation, lighting, heating, ventilation, cooling, refrigeration, fire protection, and facilities essential for the habitable occupancy of a mobile home, building, or structure.
CANOPY shall mean a structure of rigid or non-rigid material on a framework sheltering an area or forming a sheltered walk to the entrance of building.
CITY ENGINEER shall mean and include any engineer, or firm of engineers, or corporation engaged in the practice of engineering, which may be under contract with the City with respect to local public improvements contracted for or installed pursuant to this Chapter.
CEMETERY shall mean land used or intended to be used for the burial of the dead and dedicated for cemetery purposes including columbariums, crematoriums, mausoleums, and funeral establishments, when operated in conjunction with and within the boundary of such cemetery.
CHURCH shall mean a building or structure or group of buildings or structures that are primarily intended for the conducting of organized religious services and accessory uses normally associated therewith.
CONDITIONAL USE shall mean a use that may be an appropriate use in a specific zoning district because it is subject to certain conditions prescribed in this Title.
CONSIGNMENT shall mean the placing of used merchandise, by the owner of such goods, in the bailment of another, while retaining ownership until the goods are sold. Consignment of goods differs from donation of goods in that, with consignment, the owner of the goods retains ownership until he or she receives payment for them, and the goods have generally not lost a significant amount of value due to their original quality and limited wear.
CONSIGNMENT STORE shall mean a shop or store that devotes more than 75 percent of its retail sales floor area to the sale of consignment items.
CONSTRUCT shall mean “constructed," "construction," or words of similar import and shall be deemed to include "acquire," "acquired," "acquisition," or similar import in districts created to acquire improvements already constructed.
CONSTRUCTION TRAILER shall mean a mobile home, manufactured home, or similar structure located on a construction site and temporarily used as office space and/or to store material and equipment for the convenience of the construction project.
CORRECTION HOME shall mean a state licensed facility housing residents for purposes of rehabilitation, special care, supervision, or treatment for social, behavioral, or disciplinary problems. A "Correction Home" includes adult or juvenile "halfway houses", community corrections facilities and law offender division facilities.
CUT shall mean an act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced, or relocated.
DAY CARE FACILITY shall mean a state licensed facility maintained for the care of five or more persons not related to the owner, operator or manager thereof, providing care, supervision, or education for less than 24 hours. The term includes facilities commonly known as “Child Care Center”, “Day Care Center”, “Adult Day Care Facility”, “Day Nursery”, “Preschool”, “Kindergarten”, and “Summer Camp”, except that “Kindergarten” does not include a kindergarten maintained in connection with a public or private elementary school.
DETENTION POND shall mean a pond constructed for the temporary storage of runoff waters where the opening for release is of a relatively fixed capacity and not manually operated.
DEVELOPED FLOW shall mean the amount of rainfall runoff generated by a parcel of land that has been developed to its ultimate use with no retention or detention facilities by which the runoff volume or flow rate is altered.
DEVELOPER shall mean any person, persons, company, partnership, or corporation who subdivides, constructs, or provides any type of improvements or in any way engages in the development of land.
DEVELOPMENT shall mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations.
DISCOUNT STORE shall mean a retail establishment that sells new merchandise at discounted prices.
DISTRIBUTION CENTER shall mean a facility where goods are received and/or stored for delivery to the ultimate customer at off-site locations and such goods are not manufactured, produced, or reprocessed on-site. Said facility is characterized by a larger storage capacity and volume of traffic than a typical retail Packaging and Postal Substation.
DIVERSION CHANNEL shall mean a channel with a supporting ridge on the lower side constructed across the slope.
DOMESTIC VIOLENCE SHELTER HOME shall mean a residential facility providing special care for victims of domestic violence.
DUPLEX shall mean a building designed as a single free-standing structure, containing two separate living units, each of which is designed to be occupied as a separate residence for one family or household. Each living unit has direct access to the outside.
DWELLING UNIT shall mean a single residential unit providing complete independent living facilities for one or more persons including permanent provisions for sleeping, eating, cooking, and sanitation.
DWELLING UNIT, MULTI-FAMILY shall mean a dwelling unit contained in a structure also containing other dwelling units in which each unit is attached to another at one or more party walls and at either the floor or the ceiling. For purposes of Chapter 3 of this Title, no dwelling units shall be classified as multi-family if they contain more than two bedrooms. A dwelling unit otherwise meeting this definition but containing more than two bedrooms shall be considered a single-family attached dwelling unit for purposes of said Chapter only. A structure could contain both multi-family dwelling units and single-family attached dwelling units as defined herein.
DWELLING UNIT, RESIDENTIAL shall mean a building or part of a building including cooking, bath, toilet and general living facilities and spaces and designed and intended for occupancy as a primary residence by one family or by a group living essentially as a family. The term "dwelling unit" is synonymous with "residential" and also includes such uses as dormitories and nursing homes but not hospitals, hotels, and motels.
DWELLING UNIT, SINGLE-FAMILY ATTACHED shall mean a dwelling unit contained in its own structure from ground to roof, which structure shares one or more party walls with one or more similar units. Includes duplex dwellings.
DWELLING UNIT, SINGLE-FAMILY DETACHED shall mean a single dwelling unit contained in a free-standing structure that has no party walls with other structures.
ENCROACHMENT LINES shall mean lines that establish the floodway by the "equal conveyance reduction method" that differentiate those areas of the floodplain that must be preserved for the conveyance of flood flows and those areas of the floodplain that can be used for purposes other than flood flow conveyance.
EQUAL CONVEYANCE REDUCTION METHOD shall mean the procedure for determining the "encroachment lines." This method establishes encroachment lines by reducing equal proportions of flood conveyance from both sides of a floodplain until the water surface elevation of the 100-year floodplain is increased by 1 foot.
EROSION shall mean the wearing away of land surface by detachment and transportation of soil or rock material through the action of moving water, wind, ice, or gravity.
EROSION CONTROL PLAN shall mean the plan required as an application for a land disturbance permit. Such document illustrates grading plans and includes necessary land treatment measures, including construction schedules of treatment installations that will minimize soil erosion and sedimentation.
EXISTING CONSTRUCTION shall mean, for the purposes of determining flood insurance rates, structures for which the "start of construction" commenced before the effective date of this Ordinance. "Existing construction" may also be referred to as "existing structures."
EXISTING RESIDENTIAL SUBDIVISIONS shall mean a platted and duly recorded residential subdivision or a residential subdivision for which an application for final plat was submitted by July 1, 1994, in accordance with Ordinance No. 2223. Any other subdivision shall be deemed to be a new residential subdivision within the meaning of this Chapter.
FAMILY shall mean a head of household plus, if applicable, any individuals related to the head of household by blood, marriage, adoption, or guardianship, including foster children placed by a state institution or a licensed child placement agency.
FAMILY CARE HOME shall mean a state licensed facility in the residence of the provider that provides less than 24 hour care, training, education, or supervision for two to four children who are not related by blood, marriage, or adoption to the care provider.
FAST FOOD RESTAURANT shall mean any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises, and whose design or principal method of operation includes one or both of the following characteristics:
• Foods, frozen desserts, or beverages are usually served in paper, plastic, edible, or other disposable containers.
• Facilities for on-premises consumption of the food are insufficient for the volume of food sold in the establishment.
FINAL PLAT shall mean the map or plan of record of a subdivision and any accompanying material, as described in this Code or in rules and regulations promulgated hereto.
FLOOD OR FLOODING shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters or the unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD HAZARD AREA shall mean the area that will be inundated during the occurrence of the 100-year flood (base flood).
FLOOD INSURANCE RATE MAP (FIRM) shall mean the map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community for the purpose of insurance rating only.
FLOOD INSURANCE STUDY (FIS) shall mean the report provided by the Federal Emergency Management Agency that includes flood profiles, the flood boundary, floodway map, and the water surface elevation of the base flood for the purpose of insurance rating only.
FLOODPLAIN shall mean the area that will be inundated during the occurrence of a storm of a given magnitude or frequency.
FLOODPLAIN DEVELOPMENT PERMIT shall mean the permit required under Section 11-9-13, W.M.C.
FLOODPLAIN MANAGEMENT shall mean a program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
FLOODPLAIN VARIANCE shall mean a grant of relief by the City from the terms of the floodplain ordinance.
FLOODPROOFING shall mean any combination of structural and non-structural additions, changes, or adjustments to proposed or existing structures that reduce or substantially eliminate the potential for flood damage to real estate or improved real property, public or private facilities, structures and their contents.
FLOOD PROFILE shall mean a graph or longitudinal profile showing the relationship of the water surface elevation of a flood event to the ground surface along a stream or river.
FLOOD PROTECTION ELEVATION shall mean an elevation one foot above the water surface elevation or flood profile of the 100-year flood under existing channel and floodplain conditions. This elevation is applicable to development within the "flood storage area."
FLOOD STORAGE AREA shall mean those portions of the floodplain that may serve as a temporary storage area for floodwaters from the 100-year flood that are outside the floodway area.
FLOOD STUDY shall mean an engineering study utilizing hydrologic and hydraulic analyses to identify storm runoff characteristics including flow rates and the extent of inundation for a specified storm recurrence interval.
FLOODWAY shall mean the channel of a river, stream, or other water course and the adjacent land area that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation of the 100-year flood more than 1 foot assuming an equal degree of conveyance reduction from both sides of a floodplain for a significant reach of channel. The floodway is located within the floodplain.
FOOD SERVICE shall mean both full service and fast food restaurants with or without liquor service, as well as specialty stores such as doughnut shops and ice cream parlors.
FRONTAGE, BUILDING shall mean the horizontal, linear dimension of that side of a building that abuts a street, a parking area, a mall, or other circulation area that is open to the general public; and having either a main window display of the enterprise or a public entrance to the building. In industrial districts a building side with an entrance open to employees shall also qualify as a building frontage. Where more than one use occupies a building, each use having a public entrance or main window display for its exclusive use shall be considered to have its own building frontage, which shall be the front width of the portion of the building occupied by that use.
FRONTAGE, LOT shall mean that side of a lot abutting on a street or way ordinarily regarded as the front of the lot.
FRONTAGE, STREET shall mean the linear frontage(s) of a lot or parcel abutting on a private or public street that provides principal access to, or visibility of, the premises.
GRADING shall mean the practice of changing the ground level or slope.
GROSS FLOOR AREA shall mean the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings, excluding the following areas: attic areas with head room of less than seven (7) feet; unenclosed building exterior walks, stairs, or fire escapes; elevator structures on the roof; areas devoted exclusively to air conditioning, ventilating, and other building machinery and equipment; and parking structures and enclosed pedestrian walks of over thirty (30) feet in width and one hundred (100) feet in length.
GROUP CARE FACILITY shall mean a state licensed residential facility providing accommodations, personal services or special care for individuals of any age, not related to the owner or operator thereof, and who seek or require a protective living environment, but who do not require 24-hour medical or nursing services. Group Care Facilities shall include, but are not limited to, Group Homes of more than eight (8) persons, Residential Child Care Facilities, Specialized Group Facilities, and Youth Shelter Facilities.
GROUP HOME FOR DEVELOPMENTALLY DISABLED PERSONS shall mean a group living situation accommodating, and for the exclusive use of, at least four but no more than eight persons, licensed by the state as a community residential home, where services and supports are provided to persons with developmental disabilities. For the purposes of this definition, “developmental disability” means a disability that constitutes a substantial disability to the affected individual and that is attributable to mental retardation or related conditions which include cerebral palsy, epilepsy, autism, or other neurological conditions when those conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with mental retardation.
GROUP HOME FOR PERSONS WITH MENTAL ILLNESS shall mean a group living situation, licensed by the state, providing for the care and treatment and for the exclusive use of not more than eight persons with mental illness, which shall not include persons who have committed a violent offense.
GROUP HOME FOR THE AGED shall mean a group living situation for the exclusive use of not more than eight persons sixty years of age or older. Group homes for the aged do not include nursing facilities or institutions providing life care.
HOME OCCUPATION shall mean any activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident's dwelling unit.
HOTEL, FULL SERVICE shall mean any establishment that provides temporary lodging for compensation, generally providing between 100-600 guest rooms and may include suites providing larger living space separate from the bedroom. Hotels in this category shall have large internal lobbies sufficient to handle check-in and checkout functions associated with conference traffic. This type of facility shall provide conference, meeting or banquet rooms. Access to rooms shall be through internal corridors. The facility may provide retail space for newsstands, gift shops, and business service centers. Food and beverage outlets, including formal restaurants offering various styles of food across a range of prices will be available. The establishment shall provide daily housekeeping, room, maid, linen, telephone and other similar services. Hotels of this type shall provide a swimming pool and a fully equipped fitness center and may provide whirlpools, sauna and steam rooms. A hotel of any type shall at all times operate only as a hotel and in no event shall it be converted to a multiple unit dwelling or any other form of permanent residence. A guest shall at all times be prohibited from using a hotel room or suite as a primary permanent residence.
HOTEL, EXTENDED STAY shall mean any establishment that provides temporary lodging for compensation, providing larger rooms (greater than 400 square feet) with a living space separate from the bedroom. Extended Stay Hotels shall provide seventy-five (75) percent of all suites with Pullman kitchens (sink, built-in cook top or stove, microwave oven and refrigerator). Ninety (90) percent of all rooms within this category shall be available to guests staying ninety (90) days or less. Hotels in this category shall have a main office providing check-in, checkout and customer service functions at all hours. Housekeeping/maid service shall be provided. Ingress and egress to units shall be either internal or through a secured internal courtyard. This type of facility shall provide hospitality lounge and/or meeting rooms and may provide limited retail space for newsstands, gift shops, and business service center. Extended Stay Hotels are encouraged to provide a formal restaurant or cafe and a fully equipped fitness center for use by guests, on-site or through co-op. A hotel of any type shall at all times operate only as a hotel and in no event shall it be converted to a multiple unit dwelling or any other form of permanent residence. A guest shall at all times be prohibited from using a hotel room or suite as a primary permanent residence.
HOTEL, MID-TIER shall mean any establishment that provides temporary lodging for compensation, generally providing between 80-500 guest rooms and may include suites. Ingress and egress shall be through an internal lobby with an office providing check-in, checkout and related services at all hours. Access to rooms shall be through an internal corridor. This type of facility may provide limited retail space for gift shops or other similar uses. A formal restaurant or cafe is encouraged. Separate meeting rooms should be provided for conferences or banquets. Mid-Tier hotels shall provide, on-site, a swimming pool and are encouraged to provide whirlpool, sauna, steam room and a fully equipped fitness center. A hotel of any type shall at all times operate only as a hotel and in no event shall it be converted to a multiple unit dwelling or any other form of permanent residence. A guest shall at all times be prohibited from using a hotel room or suite as a primary permanent residence.
HOTEL, LIMITED SERVICE shall mean any establishment that provides temporary lodging, for compensation, generally providing between 50-125 rooms at rates below the prevailing rates of full-service facilities in the same area. Hotels in this category shall have a main office providing check-in, checkout and customer service functions at all hours. Ingress and egress to rooms can be either internal
or external (internal will be encouraged). Hotels in this category are encouraged to provide on-site or through co-op, a fully equipped fitness center for use by guests. The establishment shall provide daily housekeeping, room, maid, linen, telephone and other similar services. A hotel of any type shall at all times operate only as a hotel and in no event shall it be converted to a multiple unit dwelling or any other form of permanent residence. A guest shall at all times be prohibited from using a hotel room or suite as a primary permanent residence.
HOSPITAL shall mean an institution, licensed by the State Department of Health, providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, training facilities, or ambulance service.
ILLUMINATION, DIRECT shall mean lighting by means of an unshielded light source, including neon tubing, that is effectively visible as a part of the sign where light travels directly from the source to the viewer's eye.
ILLUMINATION, INDIRECT shall mean lighting by means of a light source that is directed at a reflecting surface in such a way as to illuminate the sign from the front, or a light source that is primarily designed to illuminate the entire building facade upon which a sign is displayed. Indirect illumination does not include lighting that is primarily used for purposes other than sign illumination such as parking lot lights or lights inside a building that may silhouette a window sign but that are primarily installed to serve as inside illumination.
ILLUMINATION, INTERNAL shall mean 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 ENTERTAINMENT shall mean an establishment where entertainment, either passive or active, is provided on a temporary or permanent basis for the pleasure of the patrons and is contained entirely within a closed building. Entertainment establishments include but are not limited to movie theatres, comedy clubs, laser tag, bowling, billiards, live performances, karaoke, dance, and similar activities.
INSTITUTIONAL CARE FACILITY shall mean a state-licensed facility housing residents for purposes of rehabilitation, special care, supervision, treatment for behavioral or disciplinary problems or alcohol or substance abuse. Institutional Care Facilities include Secure Residential Treatment Centers, Correction Homes, Home Detention Facilities, and Halfway Houses.
INTEREST RATE shall mean that interest rate on recoverable costs that is officially established by the City Council from time to time.
LAND DISTURBANCE shall mean an activity involving the clearing, grading, transporting, filling, or other activity that causes land to be exposed to erosion.
LIGHT SOURCE shall mean neon, fluorescent or similar tube lighting, the incandescent bulb, including the light producing elements therein, and any reflecting surface that, by reason of its construction and/or placement, becomes, in effect, the light source.
LOT shall mean a tract, plot, or portion of a subdivision or other parcel of land in single ownership and not divided by a public street.
LOT LINE, FRONT shall mean the lot line on the frontage side of the lot.
LOT, REVERSE CORNER shall mean a corner lot having as its side lot line a continuation of the front lot line of the adjacent lots.
LOWEST FLOOR shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure that is usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of any portion of this Ordinance.
MAINTENANCE, SIGN shall mean the replacing, repairing or repainting of a portion of a sign structure, periodic changing of bulletin board panels or the renewing of copy that has become no longer usable through ordinary wear and tear, weather or accident. The replacing or repairing of a sign or sign structure that has been damaged to an extent exceeding fifty percent (50%) of the replacement cost, as determined by the Building Official, shall be considered as "maintenance" only when said sign conforms to all of the applicable provisions of this Code and when the damage has been caused by an act of God or violent accident.
MANAGEMENT shall mean the owner or person responsible for operating and managing the mobile home park or an agent, employee, or representative authorized to act on said management's behalf in connection with matters relating to tenancy and the overall operation and maintenance of the mobile home park.
MANUFACTURED HOME shall mean a structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION shall mean a parcel, or contiguous parcels, of land divided into two or more manufactured home lots for rent or sale.
MARQUEE shall mean any hood, canopy, awning, or permanent roof-like construction that is supported wholly or in part by a building and projects from a wall of a building.
MOBILE HOME shall mean any dwelling unit built on a permanent, wheeled chassis exceeding either 8 feet in width or 32 feet in length and designed for long-term residential occupancy in a temporary or permanent location that is capable of being towed over public streets or highways as a unit or in sections and duly licensable as such.
MOBILE HOME PARK shall mean a parcel of land under single ownership that has been planned and approved for the placement of a mobile home, occupied for dwelling purposes, and for transient and non-transient uses.
MOBILE HOME SPACE shall mean a plot of land within a mobile home park designed and intended to accommodate one mobile home.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP) shall mean a federal regulatory program created by Congress through the National Flood Insurance Act of 1968 (P.L. 90-449). This program was established within the Federal Insurance Administration (FIA) for the purpose of providing federally subsidized flood insurance for those property owners located within communities participating in the NFIP.
NEW CONSTRUCTION shall mean, for the purpose of determining flood insurance rates, structures for which the "start of construction" commenced on or after September 30, 1988, and includes any subsequent improvements to such structures.
NURSING HOME/FACILITY shall mean a state licensed facility that meets the state nursing home standards and is maintained primarily for the care and treatment of inpatients under the direction of a physician and have the availability of a licensed nurse on a 24-hour basis. For the purposes of the use categories in Section 11-4-4, W.M.C., nursing home shall include convalescent homes, rest homes, and assisted living residences, even though such uses do not provide 24-hour nursing or physician services.
OFFICIAL FLOOD STUDIES shall mean flood studies adopted by official action of the City Council.
ONE-HUNDRED YEAR FLOOD (BASE FLOOD) shall mean the flood having a 1 percent probability of being equaled or exceeded in any given year.
ONE-HUNDRED YEAR FLOODPLAIN shall mean the area of land that will be inundated during the occurrence of 100-year flood (base flood).
ONE-HUNDRED YEAR FLOOD ELEVATION shall mean the water surface elevation of the 100-year flood (base flood) as indicated in the Official Flood Studies.
OWNER shall mean a natural person or persons, a company, a corporation, a partnership or other legal entity recorded as such on the real property records of the Adams or Jefferson County Clerk and Recorder, including a duly authorized agent or attorney, a purchaser, devisee, fiduciary or living person having a vested or contingent interest in the property in question.
PAWN SHOP shall mean any business that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledger or depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property and issues a lien upon such personal property.
PARTICIPATION COSTS shall mean that portion of the construction cost of public improvements for which the City is responsible.
PROFESSIONAL ENGINEER shall mean an engineer that is registered to practice engineering in the State of Colorado.
PUBLIC ENTRANCE shall mean an entrance to a building or premises that is customarily used or intended for use by the general public. Fire exits, special employee entrances and loading dock entrances not generally used by the public and the like are not considered public entrances.
PUBLIC IMPROVEMENT shall mean any street, curb, gutter, sidewalk, drainage ditch, drainageway, utility line, pedestrian way, or other facility for public use or owned by the City.
RECOVERABLE COSTS shall mean that portion of the construction cost for which the City determines the owners or developers of other properties served by the improvements are responsible. Recoverable costs may include that portion of the costs of construction financed by developers through special assessment obligations or any other form of financial support that exceeds the amount of benefits the financing developers will realize from the improvements so financed.
RECREATIONAL VEHICLE shall mean a vehicle that is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
RETAIL ESTABLISHMENT shall mean a shop or store that, as its primary business, sells new merchandise to the public.
ROOF shall mean the cover of any building, including the eaves and similar projections.
ROOFLINE shall mean the highest point on any building where an exterior wall encloses usable floor space. The term "roofline" includes the top of any parapet wall, providing said parapet wall extends around the entire perimeter of the building at the same elevation. However, the top of a parapet wall extending along one or more building elevations or a portion of one or more building elevations may, as determined by the City Manager, be considered to be the roofline in those instances where the parapet wall improves the architectural appearance of a building or shields rooftop mechanical equipment.
SALES TRAILER shall mean a mobile home, manufactured home, or similar structure located on a development site and temporarily used as a sales or rental office for the units in the development.
SATELLITE EARTH STATION OR SATELLITE DISH shall mean a dish-shaped antenna and associated electronics designed to receive television broadcasts relayed by microwave signals from earth orbiting communication satellites.
SCHOOL, PRIMARY/SECONDARY shall mean a public, private, or parochial educational facility offering instruction at the elementary, junior, and/or senior high school levels in the branches of learning and study required to be taught in the public schools of Colorado.
SEDIMENT shall mean rock, sand, gravel, silt, soil, or other material that is transported by, suspended in, or deposited by water or air or is accumulated in beds by other natural agencies.
SEDIMENT BASIN shall mean a barrier or dam built at a suitable location to retain rock, sand, gravel, soil, or other material deposited by action of water, wind, ice, gravity, or other agents of erosion.
SEDIMENTATION shall mean the process of subsidence and deposition of suspended matter carried by water or other liquids.
SERIOUS HAZARD shall mean a man-made or natural phenomenon that is so adverse to past, current, or foreseeable development of land as to constitute a significant hazard to public health and safety or to property. The term may include, but is not limited to, natural hazards such as ground subsidence, radioactivity, landslides, floodplains and unstable slopes, and man-made hazards such as radioactivity and airport operations.
SERVICE BUILDING shall mean any building or structure within a mobile home park that is used in common by the tenants of the mobile home park for such purposes as assembly, storage, recreation, laundry, car washing, office needs, or similar uses.
SERVICE COMMITMENT shall mean that the measure of City service required is determined by the average service provided to one single-family detached dwelling unit.
SHALLOW FLOODING AREAS shall mean areas within the 100-year floodplain where the base flood depths range from 1 foot to 3 feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. On the flood insurance rate maps (FIRM) this area is designated as A0 or AH zones.
SHOPPING CENTER; BUSINESS CENTER; AND OFFICE, INDUSTRIAL, OR TECHNICAL PARKS/CENTERS shall mean a group of two or more professional, office, commercial, industrial, or combination thereof establishments that are planned, developed, owned, or managed as a unit and related in location, size, and type, and provide on-site parking in definite relationship to the types and sizes of establishments. Free-standing or attached buildings that function as a part of a shopping center, though they may be under separate ownership, shall be deemed to be a part of the shopping center.
SILT TRAP shall mean a constructed permanent facility for the collection of water-carried soils.
SPECIAL FLOOD HAZARD AREAS shall mean the areas of land that will be inundated during the occurrence of the 100-year flood (base flood).
SPECIAL USE shall mean a type of use that, because of special characteristics or circumstances, may be appropriately placed in a particular zone district on a case-by-case basis subject to conditions necessary to make the use compatible with other uses permitted in the district or an adjoining district.
START OF CONSTRUCTION includes substantial improvements and shall mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STREET shall mean roads, avenues, boulevards, expressways, highways, parkways, and bridges.
STREET IMPROVEMENTS shall mean any one or more of the following: surfacing, extending, widening, lengthening, altering, reconstruction, or other improvements to roadways; construction of curbs, gutters, or sidewalks; construction of bridges, overpasses, or underpasses; the necessary grading therefor; street lighting; landscaping of adjoining parkways by the planting of trees and shrubs; and storm drainage facilities incidental thereto.
STRUCTURE shall mean a walled and roofed building, storage tank, manufactured home or anything constructed or erected with a fixed location on the ground above grade but not including poles, lines, cables, or other transmission or distribution facilities of public utilities that is principally above ground.
SUBDIVISION shall mean the division, whether by deed, metes and bounds description, lease, map, plat, deed, or other instrument, of any tract of land, lot, or parcel into two or more lots, parcels, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale, transfer of ownership, or to offer for sale or development, including subdivision. Lots, plots, block and other subdivisions may be designated in accordance with any recorded plat thereof, and unplatted lands by any definite description.
SUBSTANCE ABUSE REHABILITATION HOME shall mean a residential facility for rehabilitation, special care, supervision, or treatment for alcohol, narcotic, or substance abuse. The home must be licensed by the State or the appropriate agency thereof.
SUBSTANTIAL DAMAGE shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT shall mean any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
• Before the improvement or repair is started; or
• If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
• Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications that are solely necessary to assure safe living conditions; or
• Any alteration of structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
TATTOO/BODY PIERCING PARLOR shall mean the same as the term “body piercing/tattoo parlor” previously defined.
THRIFT STORE shall mean a shop or store that devotes more than 75 percent of their retail sales floor area to the activity of selling used clothing or merchandise. This does not include antique shops or consignment stores, or used motor vehicle parts sales.
UNRESTRAINED SLOPE shall mean unstable earthen slope with high potential for movement or erosion.
USED MERCHANDISE shall mean goods and products that were once new but have been used by one or more persons.
VARIANCE shall mean a departure from the provisions of the zoning ordinance, but not including the actual use or structure.
WAREHOUSE shall mean a building used primarily for the storage of manufactured products, components, supplies, equipment, or materials, excluding bulk storage of materials that are flammable or explosive or that present hazards commonly recognized as offensive.
WATER SURFACE ELEVATION shall mean the height in relation to mean sea level, reached by floods of various magnitudes and frequencies in floodplains.
WETLANDS shall mean those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands shall also include any lands that are defined as wetlands under any federal or state law.
(B) When used in this Section, the phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," and "occupied for."