ACCESSORY DWELLING UNIT (ADU): See Dwelling, Accessory.
ACCESSORY STRUCTURE: A structure that is located on the same lot and detached and separate from the principal building. Accessory structures are incidental to the principal structure and devoted exclusively to an accessory use. Some examples of accessory structures are garages, carports, sheds, storage buildings, play structures, gazebos, arbors, greenhouses, barns, saunas, and other similar buildings. Fences and walls that exceed seven (7) feet in height are considered accessory structures.
ACCESSORY FAMILY SUITE: An accessory family suite is a room or group of rooms forming a single habitable area for one (1) or more persons with provisions for living, sleeping, cooking, and sanitation, and is located within a principal single-family detached unit. An accessory family suite is not considered a separate dwelling unit for purposes of this UDC if all the requirements are met and the accessory family suite is in continual compliance.
ACCESSORY USE: A use which is subordinate to and serves a principal building or use and is located on the same lot as the principal building or use served.
ADJACENT: Lots, buildings, uses, or other features regulated by this UDC that would be bordering or touching except for an intervening trail, street, right-of-way, or platted alley if the lot lines for the properties containing the building, use, or other feature in question were extended across the intervening trail, street, right-of-way, or platted alley until they intersected, unless otherwise stated in this UDC or an adopted City regulation or manual.
ADJACENT PROPERTY OWNER: The owner of property that is adjacent to any property under review.
ADULT ENTERTAINMENT: An establishment offering entertainment, scenes, or other presentations characterized by emphasis on depiction or description of Specified Sexual Activities or Specified Anatomical Areas as a significant portion of its business. This use includes but is not limited to adult arcades, adult cabarets, adult motels, adult motion picture theaters, adult theaters, and sexual encounter establishments.
ADULT RETAIL: An establishment offering stocks in trade of materials characterized by emphasis on depiction or description of Specified Sexual Activities or Specified Anatomical Areas as a significant portion of its business. This use includes but is not limited to adult book or video stores, adult bakeries, and adult toy stores.
ADULT OR CHILD DAY CARE CENTER: A state-licensed facility that is maintained for the whole or part of a day for the care of children under the age of 16 years, or for elderly adults, and that is not located in a dwelling unit occupied by any of the operators of the facility, and in which no children or elderly adults are offered overnight accommodation. This use includes but is not limited to facilities commonly known as day care centers, day nurseries, nursery schools, kindergartens, preschools, day camps, adult care centers, or elder care centers, and shall include those facilities that give a maximum of ten (10) hour care for dependent and neglected children. The use does not include a kindergarten maintained in connection with an Elementary School of at least six (6) grades.
ADULT OR CHILD CARE FACILITY, LARGE: A facility that provides care for sixteen (16) or more children under the age of sixteen (16) years, or not more than sixteen (16) elderly adults, who are not related to the owner, operator, or manager of the facility.
ADULT OR CHILD CARE FACILITY, SMALL: A facility that provides care of between six (6) to fifteen (15) children under the age of sixteen (16) years, or five (5) to fifteen (15) elderly adults, who are not related to the owner, operator, or manager of the facility.
AFFECTED PARTY: See Subsection 7.5.415A.1.b.
AGRICULTURAL PRODUCTION: The raising of animals or production of animal products, such as eggs or dairy products, and the raising and harvesting of tree crops, row crops, or field crops on an agricultural or commercial basis. Typical uses include grazing, ranching, dairy farming, and poultry farming, and may include accessory retail sales under certain conditions.
AGRICULTURAL SALES AND SERVICE: An establishment engaged in sale from the premises of feed, grain, fertilizers, pesticides, and similar goods or in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include nurseries, hay, feed and grain stores, and tree service firms.
AIRPORT-RELATED DEFINITIONS:
ACCIDENT POTENTIAL SUBZONE-1 (APZ-1): The corresponding subzone indicated on the Airport Overlay District Map. This subzone applies to ground level development up to the maximum height of the base zone.
ACCIDENT POTENTIAL SUBZONE 2 (APZ-2): The corresponding subzone indicated as such on the Airport Overlay District Map. This subzone applies to ground level development up to the maximum height of the base zone district.
AIRCRAFT: Any unassembled, partially assembled, or fully assembled collection of parts, operational or nonoperational, that make a contrivance now known or later invented, used, or designed for navigation of or flight in the air or space regardless of the form of propulsion that powers the aircraft in flight.
AIRCRAFT NAVIGATION SUBZONE (ANAV): The subzone at and above the ground as depicted on the Airport Overlay District Map as adopted and amended by the City of Colorado Springs. The ANAV encompasses all land within the overlay.
AIRPORT: A facility relating to the landing or taking off of aircraft such as a landing field, aircraft parking, and service facilities, including related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security. For purposes of Section 7.2.601 (AP-O: Airport Overlay) only, the commercial service facility now known as City of Colorado Springs Municipal Airport, or any future name or common reference for that facility that may be established, adopted, or referred to; or any and all future commercial service facility or facilities developed within the City of Colorado Springs.
AIRPORT NOISE SUBZONE (ADNL): The subzone indicated by lines of increasing projected annual average noise exposure (DNL) from 65 DNL to 70 DNL, 70 DNL to 75 DNL, and 75 DNL to 80 DNL. (See also the definition of DNL.)
AIRPORT OVERLAY ZONE (AO): An overlay zone, including associated subzones that are together superimposed on existing base zones.
DETERMINATION: When used in the context of airport and airspace studies and regulations, a final written aeronautical and/or airspace study reply received from the FAA in direct response to filing notice under 14 CFR part 77.
HAZARD TO AIR NAVIGATION: Any improvement or use of land that obstructs or otherwise has a significant adverse impact on the airspace required for the flight of aircraft, as determined by the FAA under 14 CFR part 77 and related FAA orders and regulations as may be changed or amended.
RUNWAY: A defined area on an airport prepared for landing and takeoff of aircraft along its length.
RUNWAY PROTECTION ZONE (RPZ): A subarea so designated on the AP-O district map.
ALCOHOL PRODUCTION USES: An establishment that includes Brew Pub, Distillery Pub, Vintner's Restaurant, or Limited Winery as defined in Colorado state law and related regulations concerning the licensing of facilities producing or selling alcoholic products. These are generally establishments where malt liquors, wines, or other alcoholic drinks are manufactured and packaged for on or off-premises consumption, in which any revenue from food sales is smaller than the revenue from alcohol, and in which the annual amount of product manufacturing on the licensed premises does not exceed the maximum amounts enumerated in State Statute for the specific liquor license type.
ALLEY: A public right-of-way that provides only secondary access. For the purpose of Part 7.4.3 (Subdivision Standards), an alley is not considered to be a street or a fire apparatus access road.
ANIMAL CARE FACILITY: A facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, and prevention of animal diseases, including veterinary services, or in which boarding, breeding, grooming, training, and daytime or overnight care of more than four (4) domesticated animals is permitted. This use also includes public facilities for the temporary impoundment of animals found abandoned or removed from other locations due to improper care and may include an animal crematorium as an accessory use.
ANIMAL, LARGE: All animals that are not commonly kept as household pets, and specifically excluding those listed in the definition of Animal, Small.
ANIMAL, SMALL: Animals such as dogs, cats, birds, fish, and other comparable animals customarily kept as household pets.
ANTENNA: Any exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of electronic signals, and that does not meet the definition of an antenna for purposes of Wireless Communication Facilities.
ARTERIAL ROADWAY: Those roadways designated as freeway, expressway, major arterial, or minor arterial on the City Major Thoroughfare Plan.
ARTERIAL ROADWAY BRIDGE: A structure that is constructed to carry an arterial roadway over any natural or manmade channel.
AS BUILT PLANS: Revised plans reflecting the actual conditions of a landscape or irrigation system installation.
ASSOCIATE GRADING AND EROSION CONTROL (GEC) PERMIT: A City Associate Grading and Erosion Control Permit, which is required on individual sites within multi-lot residential or commercial projects with an overall GEC Permit where ownership has changed. This permit is legally associated with the existing GEC Permit for the larger development.
ASSURANCE: A financial commitment, consisting of letters of credit, subdivision bond, cash, or other instruments approved as to form by the City Attorney, to cover the cost of public improvements, including but not limited to drainage, street, erosion control, public and private Permanent Control Measures, and public and private channel improvements, necessitated by approval of a subdivision or as specifically required in this UDC.
AUTOMATED PARKING FACILITY: An off-street parking facility where vehicular storage and retrieval is accomplished entirely through a mechanical conveyance system.
AUTOMOBILE AND LIGHT VEHICLE REPAIR: A facility primarily engaged in service or repair of motor vehicles, motorcycles, and light trucks with a GVWR of fifteen thousand (15,000) pounds or less, including the sale, installation, maintenance, and servicing of installation and parts and the accessory storage or parking of vehicles that are awaiting service or pick-up, but excluding the storage of junk vehicles. There are two (2) types of Automobile and Light Vehicle Repair facilities:
AUTOMOBILE AND LIGHT VEHICLE REPAIR, MINOR: An establishment that provides minor and routine maintenance or repair to motor vehicles and light vehicles, including tire sales and installation, wheel and brake work, muffler replacement, oil and fluid changes, glass repair, and similar repairs that produce few noise or other impacts on surrounding properties, but not including the additional types of repairs included in the definition of Automobile and Light Vehicle Repair, Major.
AUTOMOBILE AND LIGHT VEHICLE REPAIR, MAJOR: This use includes all the activities in Automobile and Light Vehicle Repair, Light as well as body and fender repairs, vehicle painting, engine, motor, and transmission rebuilding, and other types of repair and rebuilding of vehicles or parts of vehicles that may have greater impact on the surrounding properties.
AUTOMOBILE AND LIGHT VEHICLE SALES AND RENTAL: An establishment consisting of buildings and yards used for display and sale or rental of motor vehicles, light trucks, motorcycles, recreational vehicles, or boats with a Gross Vehicle Weight Rating (GVWR) of fifteen thousand (15,000) pounds or less, including incidental storage, maintenance, and servicing.
AUTOMOBILE AND LIGHT VEHICLE STORAGE: Any lot, plot, parcel of land, or contiguous parcels of land used for the purpose of storing operable motor vehicles, trucks with a Gross Vehicle Weight Rating (GVWR) of fifteen thousand (15,000) pounds or less, motorcycles, recreational vehicles, or boats. This use shall not include vehicle dismantling or junkyards.
AUTOMOBILE AND LIGHT VEHICLE WASH: An establishment for washing and cleaning motor vehicles and vehicles with a Gross Vehicle Weight Rating (GVWR) of fifteen thousand (15,000) pounds or less. This use may include car washes in which all activities are completely enclosed or car washes in which some activities are outside.
BAR: An establishment engaged in the preparation and retail sale of alcoholic beverages, alcoholic liquor or fermented malt beverages as defined by Chapter 2, Article 5, Part 1 of this Code, for consumption on the premises. This use includes taverns, cocktail lounges, and similar uses, but does not include a restaurant.
BAR AREA (of a Restaurant): The area of a restaurant where the primary business is the sale and consumption of alcohol, including areas used in the preparation and sale of alcoholic beverages, alcoholic liquor, or fermented malt beverages (as defined in Article 5, Part 1 of the City Code), pool table or game areas, and recreation areas.
BED AND BREAKFAST: A dwelling unit that provides temporary accommodations and breakfast to overnight guests for a fee with up to fifteen (15) guestrooms or suites.
BEEHIVE: Any structure containing bees and designed to receive movable frames of comb.
BERM: An earthen mound designed to provide visual interest on a site, screening of undesirable views, noise reduction, etc.
BICYCLE MASTER PLAN: The City of Colorado Springs Bicycle Master Plan, adopted by the City Council, and all subsequent amendments to that plan.
BLOCK: A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
BROADCASTING TOWER: A structure used for the transmission or broadcasting of radio, television, or microwaves.
BUILD-TO-ZONE: An area of a lot designated for placement of a building facade along a street, located parallel to a front property line. The build-to zone defines an area in which the locations of building fronts can vary within a specified range.
BUILDING BULK: The massing characteristics of a structure including, but not limited to, setbacks, height, width, and lot coverage. See also 'Building Form'.
BUILDING ENVELOPE: The three-dimensional space within which the principal use is permitted to be built on a lot, and that is defined by maximum height regulation, yard setbacks, and landscape setbacks.
BUILDING FORM: The combination of Building Bulk with specific design elements such as roof forms, façade treatment, or other design characteristics.
BUILDING PLAQUE: A plaque designating names of buildings, occupants, and/or date of erection and other items such as architect, contractor or others involved in the building creation cut into or attached to the building.
CAMPGROUND OR RECREATIONAL VEHICLE PARK: A facility providing camping or parking uses and incidental services for travelers in recreational vehicles or tents.
CANOPY:
A. For purposes of landscaping, buffering, and screening regulations, the upper vegetative cover of a tree or plant grouping.
B. For all other purposes, a permanent roof-like shelter either not attached to or requiring support from an adjacent structure.
CARPORT: A permanent structure consisting of a roof and supported on posts with three (3) or four (4) open sides used as a minimal shelter for an automobile. It may be freestanding or attached to another structure on one side.
CDOT: The Colorado Department of Transportation.
CEMETERY: Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes. Accessory uses that are allowed in conjunction with and within the boundary of a cemetery include columbarium, mausoleum, mortuary, funeral services, and crematory services.
CHANNEL WIDTH: In a stream, the distance from the toe of the channel bank on one side of the channel to toe of the channel bank on the other side of the channel, unless otherwise stated in this UDC or an adopted City regulation or manual.
CLUB, LODGE, AND SERVICE ORGANIZATION: A use providing meeting, recreational, or social facilities for a private, nonprofit, or noncommercial association, primarily for use by members and guests, but not including uses where the chief activity is providing a service customarily carried on as a business. Typical uses include private social clubs, fraternal organizations, health clubs, country clubs, and nonprofit recreation or community centers.
COLORADO SPRINGS UTILITIES CHIEF EXECUTIVE OFFICER: The Chief Executive Officer of Colorado Springs Utilities employed by the Utilities Board pursuant to City Charter section 6-10.
COLUMBARIUM: A place used for the internment of cremated human or animal cremated remains in an above-ground wall or other structure.
COMMERCIAL CENTER: A grouping of three (3) or more attached commercial, office and/or civic uses developed and maintained under unified control.
COMMERCIAL FEEDLOT: A site of more than fifteen thousand (15,000) square feet for the feeding of livestock and poultry.
COMMISSARY KITCHEN: A commercial establishment where foodservice providers can prepare, cook, and store food and equipment on the premise and distribute food off-site for sale, delivery, or consumption for caterings, mobile food vendors, concessions, social service organizations, or restaurants. It may include accessory use space for educational purposes or the sale of food.
COMMON AREA: Any portion of a development that is designed for the common use of the owners and residents within a development. These areas may include plazas, green space and public open spaces, and in some cases parking lots and pedestrian walkways. Maintenance of common areas is the responsibility of a private entity and is normally set forth in the form of private restrictive covenants that guarantee the private maintenance of these areas.
COMPACT LOT: Lots developed with or designed to be developed with Single-family Detached, Single-family Attached, or Two-Family Dwellings on an individually platted lot in the R-Flex Medium or R-Flex High zone districts, or lots in residential developments or portions of residential developments in the PDZ district with development densities equivalent to those permitted in the R-Flex Medium or R-Flex High zone districts.
COMPREHENSIVE PLAN: The Colorado Springs Comprehensive Plan (PlanCOS) and all subsequent amendments to that Plan.
CONSTRUCTION ACTIVITY: For purpose of grading, erosion control, and stormwater regulations, a ground surface disturbing and associated activity (land disturbance) that includes, but is not limited to, clearing, grading, excavation, demolition, or installation of new or improved haul roads and access roads, staging areas, stockpiling of fill materials, and borrow areas. Activities that include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility are not considered construction activities. Activities to conduct repairs that are not part of regular maintenance, and activities that are for replacement, are considered construction activities and are not considered routine maintenance. Repaving activities where underlying or surrounding soil is cleared, graded, or excavated as part of the repaving operation are construction activities. Construction activity occurs from initial groundbreaking to final stabilization regardless of ownership of the construction activities.
CONSTRUCTION CONTROL MEASURES: Structural and non-structural Control Measures used to limit erosion and the transport of soil and other pollutants within or leaving construction sites. Construction Control Measures can be temporary (e.g. silt fence) and permanent (e.g. seeding).
CONSTRUCTION OFFICE OR YARD, TEMPORARY: The temporary use of land prior, during, and after construction activities that involve equipment, storage, loading or unloading of construction materials or equipment, or offices, and accessory structures such as fences, walls, buildings, and barricades. This use does not include a model home or modular building used as a Real Estate Sales or Business Office, Temporary.
CONSTRUCTION SALES AND SERVICE: An establishment primarily engaged in the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, or a public facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and related activities. This use includes home improvement stores, building materials stores, or tool and equipment rental or sales. This use excludes those uses classified under Vehicle-Related Uses.
CORRAL: A pen or enclosure for confining hoofed animals.
CORRECTIONAL FACILITY/JUVENILE DETENTION FACILITY: A public or private use that provides housing and care for individuals legally confined and is designed to isolate those individuals from a surrounding community.
COTTAGE FOOD: Food provided for sale directly to "informed end users" as defined in the Colorado Cottage Foods Act, C.R.S. § 25-4.1614.
CREMATORIUM: An establishment exclusively providing services for the incineration of human or animal corpses.
CROSS-ACCESS AGREEMENT: An agreement filed with the El Paso County Clerk and Recorder that describes and defines the shared access of two (2) or more properties, and that identifies the properties involved, the owner(s) of each property, and their respective maintenance and operation responsibilities. The location of the shared access shall be free of permanent structures or parking that would interfere with the free flow of multi-modal traffic.
CURB CUT: An opening in the curb along a roadway that allows vehicular access to an adjacent development site.
DECIDUOUS: A plant with foliage that is shed annually.
DEDICATION: The procedure by which private property is transferred to a public entity for a public use.
DETACHED STRUCTURE: A structure that is not attached to another structure, and that has no wall in common with another structure, and that is separated by three (3) feet or more from any other structure. Structures that are connected by a covered, unenclosed breezeway shall be considered detached if the breezeway is less than twelve (12) feet in height or less than six (6) feet in width.
DETOXIFICATION CENTER: A convalescent establishment that provides 24-hour medical supervision, lodging, and meals to individuals who need help to remove the effects of alcohol or drugs.
DEVELOPMENT: Any activity that alters the ground on a property. Development may include construction of buildings, structures, or streets; installation of landscaping, infrastructure, utilities, or site features; and/or activities to prepare land for such construction or installation, such as grading. For the purposes of this UDC, this term includes new development and redevelopment on existing lots.
DEVELOPMENT PLAN: A detailed graphic representation drawn, to scale, of a proposed development of a particular site that meets all requirements of this UDC.
DNL: A day-night (sound) level that recognizes the added impact of nighttime noise. It is a 24-hour average noise level based on A-weighting with ten dBA added between 10:00 P.M. and 7:00 P.M. DNL is expressed visually via contour lines in five DNL increments.
DOMESTIC VIOLENCE SAFE HOUSE: A residential operation whose primary function is the provision of a confidential residence that provides a safe haven for persons who have been victimized by physical, emotional, or mental abuse for purposes of rehabilitation or special care. The safe house may permit housing for both single persons as well as individuals with children.
DRAINAGE REPORT, FINAL: A document prepared in accord with the Engineering Criteria that analyzes all stormwater features of the proposed development in the detail necessary to complete construction plans for all project stormwater improvements, including grading details and off-site facilities as applicable.
DRAINAGE REPORT, PRELIMINARY: A document prepared in accord with the Engineering Criteria that analyzes all stormwater features of the proposed development at a preliminary design level.
DRIP LINE: A vertical line extending from the tips of the outermost branches of a tree to the ground.
DRIVEWAY, COMMERCIAL: Primary access, that may be private or public, off of a public right-of-way into a commercial or mixed-use developed site.
DRIVEWAY, SHARED: An accessway to residential lots from a public right-of-way or private street. Flag lots serving not more than four (4) residential lots shall be considered a shared driveway and not a private street.
DRIVE-THROUGH, ACCESSORY: A facility that permits customers to receive services, obtain goods, or be entertained from an accompanying principal use through a window, kiosk, speaker, or other structure, while remaining in their motor vehicles or light vehicles.
DRUG AND ALCOHOL TREATMENT FACILITY: An establishment that may be Colorado State licensed or certified by the appropriate State agency that provides 24-hour care, treatment, rehabilitation, and counseling for persons with alcohol, narcotic, or substance abuse or a combination of those forms of abuse and operated under private, public, or nonprofit sponsorship.
DWELLING: A building that contains one (1) or two (2) dwelling units used, intended, or designed to be occupied for living purposes.
DWELLING, ACCESSORY: A dwelling unit that is subordinate to the principal residential dwelling unit on the lot, that is located upon the same lot as the principal unit, and that remains under the same ownership as the principal unit. There are two (2) types of accessory dwelling units:
INTEGRATED: An accessory dwelling unit that is located inside of the principal residential unit on the lot or attached by a shared common wall.
DETACHED: An accessory dwelling unit located within an accessory structure.
DWELLING, LIVE/WORK UNIT: An integrated housing unit and commercial workspace under single ownership in a structure in which the commercial portion of the unit shall not exceed ten (10) percent of the area of the dwelling unit. The commercial space shall allow activities compatible with residential use with respect to noise, smoke, vibration, smell, electrical interference, and fire hazard.
DWELLING, MULTI-FAMILY: A building for residential purposes with three (3) or more contiguous dwelling units not defined as a townhouse, having common or party walls, on a single lot. Each unit is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for common or individual stairwells exterior to any dwelling units.
DWELLING, SINGLE-FAMILY ATTACHED:
A. A building with two (2) or more attached dwelling units on individual lots, separated by an unpierced wall extending from ground to roof and arranged in a side-to-side configuration rather than stacked, and where the front door of each dwelling unit faces and has direct access to a street without passing through a lobby or other area shared with other dwelling units; or
B. A single-family dwelling unit constructed in a group of three (3) or more attached units in which each unit extends from the foundation to roof and with green space on at least two (2) sides; sometimes referred to as a Townhouse Dwelling.
DWELLING, SINGLE-FAMILY DETACHED: A building with one (1) dwelling unit located on one (1) lot, with no physical or structural connection to any other dwelling unit and used exclusively for occupancy by one family. This definition includes a tiny house (detached dwelling of four hundred (400) square or less of gross floor area) that meets the standards of the Regional Building Code for long-term occupancy. This use may include an integrated accessory dwelling unit, subject to the provisions of Subsection 7.3.304E (Dwelling, Accessory).
DWELLING, TWO-FAMILY (DUPLEX): A single building located on one (1) lot, with no physical or structural connection to any other building, that consists of two (2) attached dwelling units, with each unit used exclusively for occupancy by one (1) family, one (1) unit not being accessory to the others, and that does not meet the definition of a Dwelling, Single-Family Attached. A Dwelling, Single-Family Detached with an integrated accessory dwelling unit is not included in this definition.
DWELLING UNIT: A single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
EASEMENT: Authorization by a property owner for the use by another, for a specified purpose, of any designated part of the owner's property.
ECOSYSTEM: A characteristic assemblage of plant and animal life within a specific physical environment, and all interactions among species, and between species and their environment.
ELECTRIC VEHICLE CHARGING STATION, ACCESSORY: A facility or area where electric-powered or hybrid-powered motor vehicles can obtain electrical current to recharge batteries and that is accessory to a primary use of the property.
ENCROACHMENT: The projection or intrusion of a building, structure, or other land-disturbing activity into an area where such projections or intrusions are typically prohibited, such as a setback, a public right-of-way, or utility easement.
ENGINEERING CRITERIA: Implementation documents containing policies, procedures, diagrams, and lists addressing the Public Works requirements, including but not limited to those for stormwater, drainage, and traffic standards and regulations, referenced in or related to the implementation of this UDC.
ENTERTAINMENT OR RECREATION, INDOOR: Indoor facilities for entertainment, sports, and recreational activities conducted within an enclosed building, such as motion picture theaters, meeting halls, dance halls, bowling alleys, pool halls, ice and roller skating rinks, mechanical and electronic amusement galleries, indoor racquetball, swimming, climbing wall, and/or tennis facilities.
ENTERTAINMENT OR RECREATION, OUTDOOR: Outdoor facilities for entertainment, sports, and recreational activities such as zoos, safaris, sports arenas, racing facilities, amusement parks, driving ranges, miniature golf courses, golf courses, swimming pools, pickleball courts, tennis courts, outdoor racquetball courts, motorized cart and motorcycle tracks, and motorized model airplane flying facilities.
EROSION: The process by which the ground surface is worn away by action of wind, water, gravity, or any combination of those forces.
EVAPOTRANSPIRATION: A measure of water depletion from the soil due to evaporation from the soil surface and transpiration through plant foliage.
EVERGREEN: A plant with foliage that persists and remains green year-round.
EXCAVATION: The mechanical removal of earth material.
EXISTING GRADE: The natural elevation of the ground surface on a lot or parcel prior to the approved Development Plan or the ground surface created in accord with a grading and Development Plan approved by the City.
EXTRACTION, PLANT-BASED: The extraction of any oils or substance other than marijuana concentrate from any plant-based material or substance, but specifically excluding any activity meeting the definition of Marijuana-Related Extraction.
PLANT-BASED EXTRACTION, NONHAZARDOUS: Plant-Based Extraction that does not meet the definition of Hazardous Plant-Based Extraction.
PLANT-BASED EXTRACTION, HAZARDOUS: Plant-Based Extraction that involves an inherently hazardous substance, which includes any liquid chemical, compressed gas, or commercial product that has a flash point at or lower than thirty-eight (38) degrees Celsius or one hundred (100) degrees Fahrenheit, including butane, propane, and diethyl ether and excluding all forms of alcohol and ethanol.
FAÇADE: The portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and extending across the entire width of the building elevation.
FAMILY: An individual, two (2) or more persons related by blood, marriage, adoption, or similar legal relationship, or a group of not more than five (5) persons who need not be so related, plus domestic staff employed for services on the premises, living together as a single housekeeping unit in one (1) dwelling unit. The definition of "family" shall apply regardless of whether any member of such group receives outside services for mental, emotional, or physical disability.
FAMILY CARE HOME: A Colorado State licensed establishment that provides regular full-time care to foster children under eighteen (18) years of age on a 24-hour basis.
FAMILY CARE HOME, LARGE: A facility composed of a minimum of five (5) to a maximum of eleven (11) foster children, in addition to any and all existing family members.
FAMILY CARE HOME, SMALL: A facility composed of a minimum of two (2) to a maximum of four (4) foster children, in addition to any and all existing family members.
FAMILY SUPPORT RESIDENCE: A residential operation where lodging, meals, and counseling services are provided to six (6) or more persons who are members of families that have other family members that have been diagnosed with a terminal illness or an illness requiring long term hospital care. The primary concern of the facility is to provide support to family members (i.e., Ronald McDonald House).
FEDERAL AVIATION ADMINISTRATION (FAA): The United States Department of Transportation, Federal Aviation Administration, or any successor agency.
FILL: When used in the context of grading, erosion, and stormwater regulations, a deposit of earth material by mechanical means.
FINAL PLAT: A map prepared in accord with the provisions of Subsection 7.5.519D (Final Plat Requirements) that is presented to the City for approval and that, if approved, will be recorded by the City with the El Paso County Clerk and Recorder, and a copy thereof shall be filed with the City Engineer.
FIRE APPARATUS ACCESS ROAD: A road that provides fire apparatus access from a fire station to a facility, building, or portion thereof. This is inclusive of other terms such as fire lane, public street, private street, parking lot lane, and access roadway.
FIRE LANE: A road or other passageway developed to allow the passage of fire apparatus. A fire lane is not necessarily intended for vehicular traffic other than fire apparatus.
FOOTCANDLE: A measure of illumination equal to one lumen per square foot or 10.76 lux.
FUEL DISPENSING STATION: An establishment that provides petroleum-based, natural gas, electric power, or other forms of fuel and/or minor maintenance services to motor vehicles. Accessory uses may include a convenience store (with food sales) and/or car wash.
FUELS MANAGEMENT: When used in the context of wildfire risk reduction in the WUI-O district, the modification of the natural vegetation within the wildfire risk Safety Zone.
FUNERAL SERVICES: Establishments engaged in undertaking services such as preparing the human dead for burial and arranging and managing funerals, and included but not limited to columbarium, mausoleum, mortuary, funeral services, and crematory services.
GARAGE: A building or portion of a building designed or used for the shelter of motor vehicles or light vehicles that is enclosed or partially enclosed on all sides except that on which the vehicle enters and exits.
GARAGE SALE: A temporary use involving the sale or offering for sale articles of tangible personal property by the owner, lessee, or other occupant of a dwelling unit. The term garage sale shall include patio sale, yard sale, or any similar sale.
GEOGRAPHIC SERVICE AREA: An area designated on the Geographic Services Area Map within which Neighborhood Parks are intended to collectively serve the residents within the identified service area. Geographic Service Areas do not include county enclaves or other land outside of the City limits.
GEOTHERMAL ENERGY EQUIPMENT, ACCESSORY: Equipment designed to collect heat from beneath the surface of the earth for use in heating a structure or for conversion into other forms of energy.
GOLF COURSE: A large unobstructed acreage with at least nine (9) holes for playing a game of golf and may be improved with tees, greens, fairways, hazards, and/or a clubhouse.
GRADING: When used in the context of grading, erosion, and stormwater regulations, any excavating or filling or combination of those activities.
GRADING AND EROSION CONTROL (GEC) PERMIT: A permit that is required prior to discharging stormwater from a construction site within the City. References to a GEC Permit include both the GEC Permit and the Associate GEC Permit.
GRADING AND EROSION CONTROL (GEC) PLAN: A plan required under the City grading and erosion control regulations that identifies measures that will be implemented to minimize the discharge of pollutants in stormwater.
GREENHOUSE: A commercial land use involving the growing of horticultural and floricultural specialties, such as flowers, shrubs, or trees intended for ornamental or landscaping purposes. Accessory retail sales may be included under certain conditions. Typical uses include wholesale plant nurseries and greenhouses for plants grown on-site.
GREENHOUSE, ACCESSORY: A building or structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of fragile or out-of-season plants for personal enjoyment.
GREENWAY: A linear public open space or park that provides passive recreation opportunities and/or bicycle or pedestrian paths. It often contains a waterway with surrounding natural creek environment including water channels, floodplain, and riparian vegetation.
GREEN SPACE, ACTIVE: Private common areas inclusive of grass, trees, or other vegetation set aside for recreational purposes. This can include, but is not limited to, dog parks, outdoor swimming pools, playgrounds, athletic fields and courts, trail systems and seating areas along trail systems, and plazas.
GREEN SPACE, NON-ACTIVATED: Private common areas inclusive of grass, trees, or other vegetation set aside for aesthetic purposes.
GREENWAY ORIENTED UNIT: An attached or detached dwelling unit with the entry façade facing a common green space and garage fronting an alley in a development..
GROSS VEHICLE WEIGHT RATING (GVWR): The sum of the actual weight of the vehicle and the maximum weight that the vehicle is designed to transport.
GROSS FLOOR AREA: The floor area within the inside perimeter of the exterior walls of the building.
GROUND COVER: Plants, other than High Water Use Turfgrass, normally reaching an average maximum height of not more than twenty-four (24) inches at maturity.
GROUP COOPERATIVE LIVING: A building that may have the residential capacity for more than five (5) adults, where meals and lodging are provided, and in which the costs of lodging and meals are shared among those adults without support or supervision from another organization, and that does not meet the definition of a Group Living Residence, Human Services Establishment, or Long-Term Care Facility. This includes uses commonly known as a dormitory or sorority or fraternity house.
GROUP LIVING RESIDENCE: A dwelling where persons are living, together with staff, as a single housekeeping unit providing care, supervision, and treatment for the use of persons requiring medical, correctional, or other mandated supervision or a protective environment to avoid past or likely future violence, whose right to live together is not protected by the federal Fair Housing Act Amendments, as amended and as interpreted by the courts. This use includes but is not limited to a Family Support Residence and a Domestic Violence Safe House.
GROUP LIVING RESIDENCE, SMALL: A facility designed for and occupied by no more than eight (8) residents living together.
GROUP LIVING RESIDENCE, MEDIUM: A facility designed for and occupied by nine (9) to fifteen (15) residents living together.
GROUP LIVING RESIDENCE, LARGE: A facility designed for and occupied by sixteen (16) or more residents living together.
HEAVY INDUSTRY: An establishment involved in the basic processing and manufacturing of products, predominately from raw materials, that may produce noticeable noise, odor, vibration, or air pollution effects across property lines, but with minimal or no use of hazardous, explosive, flammable, radioactive, or other commonly recognized hazardous materials. This use includes but is not limited to meatpacking (the processing of meat products and byproducts directly from live animals or off of live animals) and Alcohol Production Uses.
HEAVY VEHICLE AND EQUIPMENT SALES AND RENTAL: A facility consisting of buildings and yards used for the display, sales, or rental of heavy trucks, recreational vehicles, boats, trailers, tractors, construction equipment, agricultural implements, manufactured homes, or similar heavy equipment with a GVWR of more than 15,000 pounds including incidental storage, maintenance, and servicing. This use includes but is not limited to recreational, boat, and trailer dealerships, truck dealerships, construction equipment dealerships, and manufactured home sale establishments.
HEAVY VEHICLE AND EQUIPMENT REPAIR: An establishment for the repair of heavy trucks, recreational vehicles, boats, tractors, construction equipment, agricultural implements, or similar heavy equipment with a GVWR of more than fifteen thousand (15,000) pounds, including the sale, installation, maintenance, and servicing of equipment and parts and the accessory storage or parking of vehicles that are awaiting service or pick up, but excluding the storage of junk vehicles. This use includes truck repair garages, recreational vehicle and boat repair garages, tractor and farm implement repair services, machine shops, and tire recapping facilities, but excludes dismantling and salvage activities (which are included in the definition of Junkyard).
HEAVY VEHICLE AND EQUIPMENT STORAGE: Any lot, plot, parcel of land, or contiguous parcels of land used for the purpose of storing operable or impounded heavy trucks, tractors, construction equipment, agricultural implements, or similar heavy equipment with a GVWR of more than fifteen thousand (15,000) pounds. This use does not include vehicle dismantling or junkyards.
HIGH WATER USE TURFGRASS: A continuous plant coverage consisting of cool season grasses that requires regular weekly watering to survive, such as Kentucky Bluegrass.
HISTORICALLY ADAPTED PLANT: A self-propagating species that is not indigenous to the regional native plant community it occupies but was likely introduced by early settlers and is now so prevalent as to appear indigenous.
HISTORIC PRESERVATION RELATED DEFINITIONS: For purposes of designation, regulation, and approval of properties within the HP-O district or properties being considered for inclusion in the HP-O district, including without limitation the provisions of Sections 7.2.608 (HP-O: Historic Preservation Overlay) and 7.5.528 (Historic Resource Alteration or Demolition), the following terms shall have the meanings indicated. The City may use different definitions for terms listed below when those terms are not used in connection with historic properties and/or the HP-O district.
ACQUISITION: The act or process of acquiring fee title or interest other than fee title of real property including the acquisition of development rights or remainder interest.
ALTERATION: Any act or process that changes one (1) or more of the exterior architectural features of a structure in a historic preservation zone.
DEMOLITION: Any act or process that destroys in part or in whole a structure in a historic preservation zone.
DESIGN GUIDELINES: Written statements, explanatory material, graphic renderings, and/or photographs that are intended to inform property owners and the public of historic characteristics suitable for preservation, and techniques and materials appropriate to achieve that goal.
DESIGN STANDARDS: Written statements adopted by City Council resolution as criteria for use by the Historic Preservation Board in the consideration of an application for a report of acceptability for properties with historic preservation overlay zoning.
HISTORIC, HISTORIC AREA, LANDMARK OR DISTRICT: Any City Council-designated site, structure, object, or improvement and its surrounding environs or a group of sites, structures, objects, or improvements, or both, and their surrounding environs:
A. That has a special character or special historic or aesthetic interest or value as part of the development, heritage, or cultural characteristics of the city, state, or nation; or
B. In which any event of major historic significance with a measurable effect upon society took place; or
C. That is closely identified with a person or group of persons who have had some measurable influence on society; or
D. In which the broad cultural, political, economic, or social heritage of the community is exemplified; or
E. That faithfully portrays the environment of a group of people in an era of history characterized by a distinctive architectural style or that embodies those distinguishing characteristics of an architecturally recognized detail or that is the work of an architect or builder whose individual work has influenced the development of the city; or
F. That, because of being a part of or related to a park, square, or other distinctive area should be developed or preserved according to a plan based upon its historic, cultural, or architectural significance; or
G. That, due to the unique location or singular physical characteristic, represents an established, familiar, and significant visual feature of the neighborhood, community, or city; and
H. That is officially zoned historic preservation overlay pursuant to the provisions of this UDC.
MAJOR WORK: Any work that will alter any distinctive feature or improvement of the historic structure.
MINOR WORK: Any work that will not alter any distinctive feature or improvement of the historic structure.
NATIONAL HISTORIC LANDMARK: Buildings, historic districts, structures, sites, and objects that possess exceptional value or quality in illustrating or interpreting the heritage of the United States and as such are maintained by the Secretary of the Interior.
NATIONAL REGISTER: The National Register of Historic Places. It is a register of districts, sites, buildings, structures, and objects of national, State, or local significance in American history, architecture, archaeology, and culture that is expanded and maintained by the Secretary of the Interior under authority of Section 2(b) of the Historic Sites Act of 1935 (49 Stat. 666, 16 USC 461) and Section 101(a)(1) of the National Historic Preservation Act implemented through 36 CFR part 60.
PRESERVATION: The act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and vegetative cover of a site. it may include initial stabilization work where necessary, as well as ongoing maintenance of the historic building materials.
PROTECTION: The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss, or attack, or to cover or shield the property from danger or injury. in the case of buildings and structures, such treatment is generally of a temporary nature and anticipates future historic preservation treatment.
RECONSTRUCTION: The act or process of reproducing by new construction the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time.
REHABILITATION: The act or process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historical, architectural, and cultural values.
REPAIR AND MAINTENANCE: Work done on a structure or object in order to correct any deterioration, decay, or damage to any part thereof in order to restore the same, as nearly as practical, to its condition prior to such deterioration, decay, or damage.
RESTORATION: The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
STABILIZATION: The act or process of applying measures designed to reestablish a weather resistant enclosure and the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present.
STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
HOOFED PET: Any goat weighing less than one hundred (100) pounds at maturity.
HOOKAH BAR: An establishment providing for the sale of on-site consumption of smoked flavored tobacco or herbs.
HOME ADULT OR CHILD DAY CARE, ACCESSORY:
A facility that is maintained for the whole or part of a day for the care of children under the age of 16 years, or for elderly adults, and that is located in a dwelling unit occupied by one (1) or more of the operators of the facility, and that is accessory to the primary purpose of the structure as a dwelling unit. The facility shall be operated with or without compensation for such care, and with or without stated educational purposes, and shall hold a valid state license for the operating of an adult or child day care center. Regular overnight occupancy is not allowed, but occasional 24-hour emergency care may be provided. This use includes:
A. A facility licensed by the state to provide adult day care for adults; and
B. A facility licensed by the state to provide care and training for children for more than two (2) full consecutive calendar days for seven (7) or more hours each on a regular weekly basis.
There are two (2) types of home day care uses:
HOME ADULT OR CHILD DAY CARE, ACCESSORY, SMALL: A facility for the care of not more than six (6) full time and two (2) part time children or adults.
HOME ADULT OR CHILD DAY CARE, ACCESSORY, LARGE: A facility for the care of more than six (6) and less than twelve (12) full time and part time children or adults.
HOME OCCUPATION: An activity conducted for gain entirely within a residential primary or accessory building that is incidental and secondary to the use of such building for dwelling purposes and that does not change the essential residential character of such building. This use shall not include motor vehicle repair, a barbershop or beauty salon that serves more than one customer at a time, instruction to more than three (3) persons at a time, paint shops using spray painting equipment, or a medical marijuana facility (to the extent it is not subject to the medical marijuana exception in Subsection 7.3.304J (Marijuana, Home Cultivation, Accessory)).
HOSPICE: An establishment licensed by the state composed of nine (9) or more terminally ill persons with a life expectancy of less than six months, not including domestic, supervisory, or medical staff, which provides a centrally administered program of palliative, supportive, and interdisciplinary team that provides services of physical, psychological, spiritual, and sociological care for terminally ill individuals with a continuum of inpatient care available on a 24-hour basis.
HOSPITAL: An institution providing primary health services and medical or surgical care to persons suffering from illness, disease, injury, and other ailments, and including as an integral part of the institution related facilities such as laboratories, outpatient facilities or training facilities.
HOTEL OR MOTEL: An establishment that provides guestrooms or suites for the temporary occupancy of more than fifteen (15) individuals and in which the occupancy of individual rooms typically does not exceed thirty (30) days. Accessory uses can include a restaurant and meeting facilities.
HUMAN SERVICES ESTABLISHMENT: A residential dwelling or facility where persons are living, together with staff, as a single housekeeping unit providing care, supervision, and treatment for the use of citizens whose right to live together is protected by the provisions of the federal Fair Housing Act Amendments of 1988, as defined in that Act and interpreted by the courts, or by any similar legislation of the State of Colorado. This use includes establishments that provide temporary or permanent lodging, care, or treatment to persons who may be unrelated to each other, not including domestic, supervisory, or medical staff providing services on the premises and intended to provide the residents an opportunity to live in as normal a residential environment as possible. For purposes of these uses, the definitions of developmentally disabled, mental illness, and elderly are those established by C.R.S. § 31-23-303. The definition of physically disabled as a physical handicap is as established by 42 USC 3602 Section 501. The definition of autism and drug and alcohol treatment as a physical or mental impairment is as established by 42 USC Sections 3601 through 3619. This use includes but is not limited to a Drug and Alcohol Treatment Facility, Family Care Home, a Human Services Residence, Large Family Care Home, and a Residential Childcare Facility.
HUMAN SERVICES ESTABLISHMENT, SMALL: A facility designed for and occupied by eight (8) or fewer residents living together.
HUMAN SERVICES ESTABLISHMENT, MEDIUM: A facility designed for and occupied by nine (9) to fifteen (15) residents living together.
HUMAN SERVICES ESTABLISHMENT, GROUP CARE HOME, LARGE: A facility designed for and occupied by sixteen (16) or more residents living together.
HUMAN SERVICE FACILITY: A Colorado State licensed establishment composed of nine (9) or more persons, not including domestic, supervisory, or medical staff, providing 24-hour lodging, care, and treatment on either a permanent or temporary basis. Human service facilities may provide for persons who are physically or developmentally disabled, mentally ill, elderly, youth or individuals in assisted living, short term convalescence, rehabilitative or long-term care.
HUMAN SERVICE RESIDENCE: A Colorado State licensed establishment composed of six (6) to eight (8) persons, not including domestic, supervisory, or medical staff, providing services on premises, which provides 24-hour lodging, care, and treatment for persons under the age of 18 years of age or court appointed up to the age of 21 years of age with emotional, behavioral, or social problems who are determined to be dependent or neglected on either a permanent or temporary basis.
HUMAN SERVICES SHELTER: A residential operation that provides temporary group lodging and supportive services to persons in need due to family medical circumstances, economic circumstances, or social difficulties. A human services shelter is generally not licensed by the State of Colorado. A shelter may include accessory support services, i.e., medical, dental, or psychological care, distribution of food or clothing, and hot meals to the clients of the facility. A temporary shelter operated by a religious institution within its principal facility is considered an accessory use of the principal religious institution.
HYDROZONE: A portion of a landscape area having plants with similar water needs that are either not irrigated or irrigated by a circuit or circuits with the same schedule.
IMPERVIOUS SURFACE: A surface on or in real property where the infiltration of stormwater into the earth is reduced or altered due to manmade improvements such as buildings or other structures, streets, parking lots, driveways, patio areas, roofs, sidewalks, paving, and compacted surfaces.
IMPROVEMENT:
A. For purposes of regulation of airspace in connection with the AP-O district, any building, structure or other improvement, development, or object, including trees, shrubbery, or other vegetation.
B. For all other purposes, any building, structure, place, work of art, or other object constituting a physical feature of real property, or any part of the feature.
INDUSTRIAL HEMP: Raw material derived from the cannabis plant that contains less than point three (0.3) percent tetrahydrocannabinol (THC) content. There are three (3) uses included in the Industrial Hemp use category.
INDUSTRIAL HEMP PRODUCTS MANUFACTURER (IHIP): An establishment for the manufacture and storage of industrial hemp products. This use shall be classified by the Manager, in consultation with the Fire Code Official, as either hazardous or nonhazardous, in compliance with the land use types described in the following two (2) definitions.
INDUSTRIAL HEMP PRODUCTS MANUFACTURER - NONHAZARDOUS (IHIP - NH): Any IHIP location that does not exceed reasonable fire and life safety risks or does not otherwise meet the definition of an IHIP - HZ. Examples of IHIP - NH land use classifications may include, but are not limited to, the use of super/subcritical water or CO2 extraction processes, cooking, or baking facilities.
INDUSTRIAL HEMP PRODUCTS MANUFACTURER - HAZARDOUS (IHIP - HZ): Any IHIP location that presents fire and life safety risks by using oil extraction processes through the use of pressurized flammable gas, flammable or combustible liquids, and other processes. Examples of IHIP - HZ land use classifications may include, but are not limited to, the use of butane, propane, acetone, naphtha, alcohol, etc., during the manufacturing process.
INDUSTRIAL HEMP PREMISES CULTIVATION OPERATION (IHOPC): An establishment for the growth, cultivation, and storage of industrial hemp.
INFILL DEVELOPMENT: Development of vacant land within previously built areas that are already served by public infrastructure, such as transportation and utilities. Designated parks and public open space are also considered infill since they are permanent uses for vacant parcels.
INTRODUCED PLANT: A plant that is not indigenous to Colorado Springs but is used in landscaping due to its adaptable qualities. It is generally a nursery trade cultivar or variety, or a native to the region, but does not naturally occur in the City limits.
IRRIGATION SYSTEM: A permanent, artificial watering system designed to transport and distribute water to landscape plants.
JUNK: Any manufactured goods, appliance, fixture, furniture, machinery, vehicle, personal property, or any other thing or part thereof, whether of value or valueless, that is demolished, discarded, dismantled, partially dismantled, dilapidated, or so worn and deteriorated that it would not be normally usable in its current state for its original manufactured use. This includes but is not limited to wood, used lumber, paper, glass, bottles, rags, rubber, scrap metal, tin cans, scrap material, waste, concrete, rubble, boxes, crates, building materials, or machinery parts.
JUNKYARD: A use involving sale, storage, display, dismantling, demolition, abandonment, or discarding of "Junk" as defined in this UDC, or any lot, plot, parcel of land, or contiguous parcels of land used for the purpose of dismantling used vehicles and the salvage and resale of used parts. This use shall not include scrap metal processing facilities, Automobile and Light Vehicle Storage uses, or Heavy Vehicle Storage uses.
KITCHEN: An area used, or designated to be used, for the preparation of food.
LAND USE PLAN: A graphic representation drawn to scale of a proposed development of a particular project or area.
LANDFILL: A site used as a depository for any solid waste except hazardous and toxic waste as defined by the Federal Environmental Protection Agency. Typical disposal material would include non-putrescible wastes such as ashes, concrete, paving wastes, rock, brick, lumber, roofing materials and ceramic tile; vegetation; tree parts; agricultural wastes (garbage); and manure.
LANDSCAPE: Any combination of living plants, such as trees, shrubs, vines, ground covers, flowers, or grass; natural features such as land and water forms, rock, stone, bark chips, or shavings; and structural features, including but not limited to fountains, reflecting pools, outdoor artwork, screen walls, fences, or benches.
LANDSCAPE BUFFER: Land area with landscape plantings and other components used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
LANDSCAPE PLAN: A plan drawn to scale that shows the layout of all landscape components and their specifications for a development site.
LANDSCAPE POLICY MANUAL: A document containing policies, procedures, standards, maps, and plant lists necessary to implement the landscape standards and regulations of this UDC.
LANDSCAPE SETBACK: A required landscape planting area on private property that is adjacent to a street right-of-way and includes the parkway; or that is adjacent to a non-street boundary of a zone district.
LEGAL DESCRIPTION: An accurate, complete written account of a specific tract of land or other real estate, including its size, configuration, and location.
LICENSED ARCHITECT: A person who is currently licensed by any state government of the United States to practice the profession of architecture.
LICENSED LANDSCAPE ARCHITECT: A person who is currently licensed by any state government of the United States to practice the profession of landscape architecture.
LIBRARY, MUSEUM, OR CULTURAL FACILITY: A library, museum, planetarium, performing art venue, or similar registered nonprofit organizational use displaying, preserving, and exhibiting objects of community and cultural interest in one (1) or more of the arts and sciences.
LIGHT INDUSTRY: An establishment engaged in the manufacture or processing of finished products from previously prepared materials, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution. This use is characterized by having no major external environmental effects across property lines and include no unscreened or unenclosed outdoor storage. Typical uses include commercial bakeries, dressed beef processing plants, soft drink bottling, apparel assembly from fabrics, electronics manufacturing, print shops, data centers, and publishing houses.
LIGHT VEHICLE STAGING AREA: A central facility for the dispatch, distribution, storage, staging, and loading of motor vehicles, SUVs, and larger commercial vehicles that are owned, leased, or operated for a common purpose, with or without associated offices. Typical uses include, but are not limited to, ambulance service, taxi dispatch, meals-on-wheels dispatch, staging areas for shared vehicle services, and other operations that require frequent arrival and departure of cars or vans such as courier, delivery, and express services, cleaning services, key and lock services, security services, peer-to-peer car sharing services, and taxi services. This use does not include a "Transportation Terminal."
LIQUOR SALES: Establishments engaged in retail sale for off-premises consumption of alcoholic liquors as defined in Chapter 2, Article 5, Part 1 of this Code. Typical uses include liquor stores, bottle shops, or any licensed sales of liquor, beer, or wine for off-site consumption.
LONG-TERM CARE FACILITY: A residential facility other than a hotel where, for compensation either paid directly or indirectly, lodging and meals are provided for the persons over 60 years of age.
LOT: A parcel of land that:
A. Is shown as a lot on a recorded Final Plat;
B. Meets the requirements for issuance of a Building Permit to unplatted land;
C. Meets the requirements for issuance of a Building Permit to previously platted lands;
D. Has a property boundary adjustment approved and recorded by the Planning Department; or
E. Is considered a lot of record as the deed for the parcel was recorded in the public records of El Paso County, Colorado, on or before January 18, 1904.
LOT, CORNER: A lot at the junction of and fronting on two (2) or more intersecting streets. The front yard of a corner lot shall adjoin the shortest street property line, provided that where street property lines are substantially the same length, the Manager shall determine the location of the front yard.
LOT, DOUBLE FRONTAGE OR THROUGH: A lot having frontage on two (2) parallel or approximately parallel streets.
LOT, FLAG: A lot for which the front lot line is adjacent to one (1) or more rear or side lot lines of adjacent lots. Primary access is by a private or privately shared drive leading to a public right-of-way.
LOT, INTERIOR: A lot other than a corner lot.
LOT COVERAGE: See Section 7.6.203D (Lot Coverage).
LOT FRONTAGE: The length of a property line of a lot that is adjacent to a public or private right-of-way.
LOT LINE: The property lines bounding a lot as defined below:
FRONT LOT LINE: Any property line separating a lot from any public street or private street, but not including alleys. In the case of corner lots, the primary front lot line is that property line most parallel to the street from which access is gained; the secondary front lot line is the other lot line with street frontage. In the case of a double frontage lot, there is one front lot line that is the property line most parallel to the street from which access is gained. For a flag lot, the front lot line is that property line not including the flag stem most parallel to the street from which access is gained.
REAR LOT LINE: The lot line that is opposite and most distant from the front lot line. In the case of a corner lot, the owner shall select any lot line, other than one of the front lot lines, to be the rear lot line. In the case of a double frontage lot, the rear lot line shall be most opposite the front lot line along the street frontage from which access is not gained. The rear lot line of any irregularly shaped lot or triangular lot shall be a line within the lot that is ten (10) feet long and most parallel to and distant from the front lot line. For a triangular lot which is also a corner lot, there shall be no rear lot line.
SIDE LOT LINE: A lot line that is not a front lot line or a rear lot line.
LOT OF RECORD: A parcel of land in the City, the deed of which was recorded in the public records of El Paso County, Colorado, on or before February 13, 1951, or a parcel of which that was subsequently annexed to the City that was: a) a platted lot meeting the applicable subdivision requirements of El Paso County, b) a legal nonconforming lot in El Paso County, c) a parcel of land that was legally exempted by El Paso County from platting requirements, or d) a parcel of land in El Paso County created before September 1, 1972.
LOT WIDTH: The minimum horizontal distance between the side lot lines measured along a straight line most parallel to the front lot line that is maintained from the front building setback to the rear building setback.
LOW-WATER-USE PLANTS: Plants that require less than thirty (30) percent of reference evapotranspiration to maintain optimum appearance.
MAJOR STREET: When used in the context of subdivision regulations, an actual or proposed street with a right-of-way width greater than sixty (60) feet that provides for the rapid and relatively unimpeded movement of vehicular traffic between major activity centers in the City, while accommodating public transit and pedestrian movements on the City's arterial streets. Each major street in the City shall be classified as a:
A. Freeway;
B. Expressway;
C. Major arterial; or
D. Minor arterial.
MANAGER: See "Planning Manager."
MANUFACTURED HOME: A single-family dwelling unit that is partially or entirely manufactured in a factory, is not less than twenty-four (24) feet wide and thirty-six (36) feet long, is installed on an engineered permanent foundation, has brick, wood, or cosmetically equivalent exterior siding, has a pitched roof, is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq., as amended, and is built for the Colorado climate and snow loads pursuant to Department of Housing and Urban Development standards established under the provisions of 42 USC 5401 et seq.
MANUFACTURED HOME PARK: A lot or parcel of land held under single ownership or unified control upon which two (2) or more manufactured homes, occupied for residential purposes, are located and for which a charge is made for such accommodations, and including any structures used or intended for use as a part of such park to provide amenities or services to its residents.
MARIJUANA-RELATED DEFINITIONS:
EXTRACTION, MARIJUANA-RELATED: For purposes of marijuana-related uses, extraction is the removal of marijuana concentrate from any substance or material, unless otherwise defined in Colorado law, in which case the definition in Colorado law shall apply.
MARIJUANA: See Section 9.7.206 of the City Code.
MARIJUANA, HOME CULTIVATION: The accessory use of personal cultivation of a limited amount of marijuana and medical marijuana by persons 21 years of age or older, in compliance with Article XVIII, Sections 14 and 16 of the Colorado constitution.
MARIJUANA CONCENTRATE: See Section 9.7.206 of the City Code.
MEDICAL MARIJUANA FACILITY (MMJ FACILITY): An establishment licensed by the City and state for the growth, cultivation, acquisition, manufacture, storage, dispensing, or sale of medical marijuana or medical marijuana products, including Medical Marijuana Products Manufacturer, Medical Marijuana Products Manufacturer - Nonhazardous, Medical Marijuana Products Manufacturer - Hazardous, and Medical Marijuana Store uses.
MEDICAL MARIJUANA CULTIVATION FACILITY (OPC): As used in the regulation of marijuana-related land uses and activities, an establishment for the growth, cultivation, and storage of medical marijuana.
MEDICAL MARIJUANA PRODUCTS MANUFACTURER (MIP): An establishment for the manufacture and storage of medical marijuana products. MIPs shall be classified by the Manager, in consultation with the Fire Code Official, as either hazardous or nonhazardous, in compliance with the land use types described in the following two (2) definitions.
MEDICAL MARIJUANA PRODUCTS MANUFACTURER - NONHAZARDOUS (MIP - NH): Any MIP location that does not exceed reasonable fire and life safety risks or does not otherwise meet the definition of a MIP - HZ. Examples of MIP - NH land use classifications may include, but are not limited to, the use of super/subcritical water or CO2 extraction processes, cooking, or baking facilities.
MEDICAL MARIJUANA PRODUCTS MANUFACTURER - HAZARDOUS (MIP - HZ): Any MIP location that presents fire and life safety risks by using oil extraction processes through the use of pressurized flammable gas, flammable or combustible liquids, and other processes. Examples of MIP - HZ land use classifications may include, but are not limited to, the use of butane, propane, acetone, naphtha, alcohol, etc., during the manufacturing process.
MEDICAL MARIJUANA STORE (MMC): An establishment for the storage, dispensing, and/or sale of medical marijuana or medical marijuana products.
MASTER FACILITIES PLAN: The proposed system for the provision of public facilities to a development including but not limited to street cross sections, placement of utilities and drainage facilities, and easements.
MASTER PLAN: A plan for the development of a portion of the City that was approved under a prior version of this UDC in effect before the Effective Date, and that contains a generalized transportation system, proposed land use, and shows the relationship of the area included in the plan to surrounding property. Master plans are more specific than the Comprehensive Plan. Master Plans have been replaced by Land Use Plans in this UDC.
MAXIMUM EXTENT FEASIBLE: The degree to which a project meets an adopted standard in which all possible efforts to comply with the standard or to minimize harmful or adverse effects have been undertaken by the applicant, but full compliance cannot be achieved, and no feasible or practical alternative exists. Economic considerations may be taken into account but shall not be the overriding factor determining whether the standard can be met in full.
MEDICAL OFFICE: Use of a site for facilities which provide medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis including emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, or visitors. Available uses include substance treatment facilities, including but not limited to methadone clinics and opioid treatment facilities. Medical offices are operated by doctors, dentists, or other physical or mental healthcare practitioners licensed for practice by the State of Colorado and are characterized by a high proportion of vehicle trips attributable to visitors or clients in relation to employees.
MICROCLIMATE: The climate of a specific place within a given area.
MINING AND MINERAL EXTRACTION: A use involving activities conducted on the surface or underground (or both) for the exploration for, development of, or extraction of natural products including but not limited to sand, gravel, topsoil, limestone, and coal from their natural occurrences and the cleaning, concentrating, refining or other processing or preparation and loading for transit of crude natural products at or near the mine site.
MINOR STREET: When used in the context of subdivision regulations, an actual or proposed street with a right-of-way width as defined in the Engineering Criteria that provides access to property in the City. Each minor street in the City shall be classified as a:
A. Collector street, major or minor;
B. Residential street;
C. Minor residential street;
D. Hillside minor residential street;
E. Local street;
F. Industrial street;
G. Frontage street; or
H. Alley.
MOBILE VENDING TRUCK, TEMPORARY: Any wagon, truck, trailer, or vehicle self-propelled or otherwise movable from place to place from which any person sells, offers for sale, or gives away, beverages, food, flowers, arts, crafts, or similar items.
MOBILE HOME: A dwelling similar to a manufactured home that does not meet the standards in the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq., as amended or the minimum dimensions in the definition of a Manufactured Home. Mobile Homes and Mobile Homes Parks are not permitted in the City.
MULCH: Nonliving organic and synthetic materials customarily used in landscape design to retard erosion and retain moisture, and that provide a protective covering around plants to reduce weed growth and to maintain even temperatures around plant roots.
NATIVE PLANT: A species that is indigenous within the Colorado Springs City limits and naturally occurring in one (1) or more plant communities that requires reduced or no supplemental irrigation to survive.
NATIVE GRASS: A drought tolerant native grass species that requires reduced or no supplemental irrigation to survive. Also referenced as Native Seed.
NEIGHBORHOOD ASSOCIATION: An organization of citizens or property owners, including but not limited to a Homeowners' Association, that has a defined or geographical area of interest or activity (which may not include the entire City) and that has provided to the City an accurate organizational name, contact information, and boundary or area of geographical interest or activity.
NITS: A unit of measurement of luminance, or the intensity of visible light, where one (1) nit is equal to one (1) candela per square meter.
NONCONFORMING USE:
A. In general, a use of land or a structure that was lawfully established and has been lawfully continued, but that no longer complies with the requirements of the UDC due to the actions of a governmental entity, and not due to the actions of the property owner.
B. For purposes of Section 7.2.601 (AP-O: Airport Overlay) only, any structure, tree, natural growth, or use of land existing on May 24, 2018, that is inconsistent with the provisions of the AP-O district.
OFFICE: Use of a site for business, professional, or administrative offices, which may also include research and development services, including social service centers that provide services such as medical, dental, or psychological care, distribution of food or clothing, hot meals, or some recreational activities (but not including overnight lodging) to persons in need. Typical uses include real estate, insurance, management, travel, or other similar business offices; organization and association offices; law, architectural, engineering, accounting, telemarketing, or other professional offices; communication services such as television studios, radio stations, or film and sound recording facilities; research and development services; and diagnostic services, training, administration, and other services to employees or visitors. This use does not include any activities that include hazardous materials or processes, or medical services included in the Medical Office use.
OPEN SPACE: A tract of land that is kept in its natural state in perpetuity for public use. Vacant land that may be subject to future development is not considered open space. There is no specified size range for open space, other than the minimum area needed to conserve a significant natural feature.
ORNAMENTAL TREE: A tree planted primarily for its decorative value or for screening and that typically does not exceed a height of thirty (30) feet in Colorado Springs.
OUTDOOR DISPLAY OF GOODS, ACCESSORY: The location of goods or stock in trade outside of the primary structure in which an establishment operates, when the placement of such goods or stock in trade is for sale, including but not limited to the display of vehicles, equipment, sheds, grills, lawn mowers, lawn furniture, produce, landscape plants, and materials.
OUTDOOR SEATING OR DINING, ACCESSORY: Service facilities or seating areas accessory to a Restaurant, Bar, Alcohol Production Uses, or other establishment serving items to be consumed on-site. This definition shall not include facilities in the public right-of-way.
OUTDOOR STORAGE, ACCESSORY: The storage of items used in connection with a primary use outside of an enclosed structure, including but not limited to the storage of goods in trade, bunks of lumber, pallets of material, unassembled products, baled cardboard, defective/old appliances, scrap material, or loose materials such as gravel, mulch or discarded materials, storage pods, trailers, sheds, and similar material.
PARK: Land set aside as public recreation and public space. Parks may include playground equipment, athletic fields, sport courts, swimming pools, and other facilities and programmed activities normally associated with public parks. Parks may also be reserved for natural or environmental reasons, such as preservation of wildlife, vegetation, or significant natural, cultural, or historic resources.
PARK, COMMUNITY: A park between twenty-five (25) to one hundred (100) acres in size. Typical facilities in Community parks include those found in Neighborhood Parks, plus athletic fields, aquatic centers, sport courts, restrooms and parking areas that serve City-wide park needs.
PARK, MINI: A park between a quarter (0.25) and three and a half (3.5) acres in size that serves residents within a half-mile (0.5 mile) radius. Facilities and improvements typically found in Mini parks are limited due to the size of the park but may include playground equipment, landscaping, and picnic areas.
PARK, NEIGHBORHOOD: A park between three and a half (3.5) to twenty-five (25) acres in size that serves residents within a Geographic Service Area. Facilities and improvements typically found in Neighborhood Parks include playground equipment, sport courts, landscaping, picnic areas, and informal fields.
PARK, SPECIAL PURPOSE: Park lands that can include plazas or similar hardscape areas that vary in size and often provide developed recreational facilities, typically located within the downtown area.
PARK FEE: The fee required to be paid as a form of compliance with the park land dedication requirements in Section 7.4.307 (Park Land Dedications). The fee consists of two (2) parts: (1) the fee for an average value for one acre of unplatted, undeveloped land Citywide, and (2) the applicable Platting Fees for the amount of land that the subdivider is responsible for dedicating based on the location of the subdivision generating the required dedication.
PARK MASTER PLAN: A site-specific plan for the development of a park.
PARKING LOT: An enclosed or unenclosed area at ground level for the purpose of providing parking spaces for vehicles, together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features.
PARKING STRUCTURE: A multilevel structure or part of a structure, whether at or below or above ground level, for the purpose of providing parking spaces for vehicles, together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features.
PARKING SPACE, TANDEM: Two or more parking spaces, one behind the other, with a shared access.
PARKS MANAGER: The person, appointed by and reporting directly to the Mayor, charged with administrative responsibility for parks, recreation, and cultural services
PARKWAY: That portion of the public right-of-way typically located between the curb and private property line for which the adjacent property owner has a legal responsibility to maintain for the public good. Also referred to as a tree lawn.
PERSON: When this UDC refers to actions or ownership by a person, that reference includes an individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, and includes a trustee, receiver, assignee, administrator, executor, or guardian, or a similar representative of any of those types of organization.
PERMANENT CONTROL MEASURES (PCM): When used in the context of grading, erosion, pollution control, and stormwater regulations, permanent site features designed to mitigate water quality impacts due to development and redevelopment projects. Examples of Permanent Control Measures (PCM) include extended detention basins and sand filters.
PERSONAL OR BUSINESS SERVICE: An establishment providing services to individuals or businesses for profit, including but not limited to services such as bail bond providers, beauty and barber shops, shoe repair, tailor/alterations shops, tattoo parlors, taxidermy services, electronic data processing, exterminators, appliance repair, watch or jewelry repair, gyms and fitness studios, postal/mailing supply companies, and employment service; mailing, addressing, stenographic services; and specialty business service such as building maintenance, travel bureau, news service, exporter, importer, interpreter, appraiser, and film library. This use is divided into two (2) categories based on the size of the establishment (not the size of the structure):
PERSONAL AND BUSINESS SERVICE, SMALL: An establishment occupying not more than fifteen thousand (15,000) square feet of gross floor area.
PERSONAL AND BUSINESS SERVICE, LARGE: An establishment occupying more than fifteen thousand (15,000) square feet of gross floor area.
PHASE: The portion of a Land Use Plan, Development Plan, Final Plat, or development that is developed as part of a sequence. Phasing is used to time provision of public facilities. Phasing may be specified in a sequential order (1, 2, 3, etc.) or by time period (2025, 2027, etc.).
PHASING PLAN: A graphic and narrative document that displays the sequence and/or timing of intended development.
PLANNED ZONE: A zone district as specified in the UDC, for which a Land Use Plan or Development Plan shall be finally approved by the City prior to the final approval of a Final Plat or a Building Permit.
PLANNING MANAGER: The Manager of the Planning Department, who is the City official responsible for administering provisions of this UDC.
PLANT LIST: The plant list located in the Landscape Policy Manual.
PLATTING FEES: One part of the Park Fee calculation, consisting of review fees, drainage fees based on the location of the subdivision, and any other generally applicable fees that are due upon platting or prior to issuance of a Building Permit.
PLAYHOUSE: A playhouse is a small structure accessory to a dwelling unit designed and intended for use by children during play activities.
PLAZA:
A. For purposes of the park land dedication requirements, an open area usually located adjacent to buildings and often featuring walkways, trees and shrubs, and community gathering places.
B. For all other purposes, a community gathering space, sometimes called a square, usually designed with seating areas, and with a variety of ground plane finishes such as hard surfaces, lawn, and landscaping. It is often designed as a focal point with an amenity such as a fountain, and it may be bounded on one (1) or more sides by a civic or commercial use in the neighborhood or commercial center.
PRACTICAL TURF AREAS: A landscape design and management concept promoting turf only in those areas of the landscape that are functional, and the efficient management of supplemental irrigation that is required in those areas.
PRESERVATION AREA: That portion or area of a lot(s) that is set aside, restricted, or designated for the purpose of retaining land or water in their natural state or scenic or open condition, under terms that do not permit:
A. Construction or placement of buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the ground;
B. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials;
C. Removal or destruction of trees, shrubs or other vegetation unless required for maintenance purposes as directed by City Staff or unless the vegetation is no longer living;
D. Excavation, dredging, or removal of loam, gravel, soil, rock, or other mineral that affects the surface of the land;
E. Activities detrimental to drainage, flood control, erosion control, or soil conservation; or
F. Other acts or uses detrimental to the retention of land or water areas in their natural state or scenic or open condition.
PRIMARY USE: The main or principal purpose for which a tract of land or a structure is designed, arranged, or intended, or for which it may be occupied or maintained under this UDC. All other structures or uses on the same lot that are allowed, incidental, or supplementary to the principal purpose are generally considered accessory uses.
PRIVATE STREET: A street that is not constructed within dedicated public right-of-way and that provides primary access to two (2) or more lots. A private street may be identified as a tract or access easement. If shown as an easement on a lot, the private street area may not be used to satisfy any minimum lot area requirements of the UDC.
PROPERTY, OWNER-OCCUPIED: A property that is actually occupied by the property's owner for no less than one hundred and eighty-five (185) days per year.
PUBLIC ART: A community amenity within the built environment which may include murals, mosaics, and/or sculptures.
PUBLIC IMPROVEMENTS: Those physical improvements to property that, after their construction or acceptance by the City, shall be maintained by the City or other public body. Public improvements include, but are not limited to, streets, park trails, facilities for the transmission and/or distribution of water, gas, electricity, and wastewater, stormwater improvements, and street lighting.
PUBLIC NOTICE: Provision of information regarding the proposed development action for a specific property shall consist of publication, posting, mailed public notification and neighborhood meetings that are referred to in Section 7.5.406 (Public Notice).
PUBLIC SAFETY USE: A facility that provides public safety and emergency services, together with incidental storage and maintenance of necessary vehicles, including but not limited to police and fire protection services and emergency medical and ambulance services.
PUBLIC STREET: A street that is located and constructed within a dedicated public right-of-way.
PUBLIC UTILITY: Water, wastewater, electric, gas, telecommunications, and stormwater infrastructure maintained by Colorado Springs Utilities, Stormwater Enterprise, or a public utility company.
RAILROAD FACILITY: Railroad yards, equipment servicing facilities, terminal facilities, and similar uses.
RECREATIONAL VEHICLE: A vehicle used for transient living quarters that can be towed, hauled, or driven and is designed for recreational, camping or travel use and including but not limited to travel trailers, camper trailers, motor home, pickup camper, or watercraft.
RECYCLING COLLECTION CENTER: A facility for the collection of recyclable materials for reuse, including aluminum cans, paper, glass, plastic, and similar materials. There are two (2) types of Recycling Collection Centers, based on their size and the type of materials collected.
RECYCLING COLLECTION CENTER, SMALL: A facility occupying not more than twenty thousand (20,000) square feet of gross lot area, including but not limited to mobile recycling units, with accessory uses that may include compacting, baling, and paper or plastic shredding.
RECYCLING COLLECTION CENTER, LARGE: A facility occupying more than twenty thousand (20,000) square feet of gross lot area and including but not limited to those activities included in a Recycling Collection Center, Small and the collection of recyclable materials that have already been segregated at another location.
RECYCLING PROCESSING CENTER: An intermediate-scale facility that processes recyclable materials from collectors and generators for the purpose of preparing material for recycling, including but not limited to construction and demolition debris recyclers, material recovery facilities, scrap metal yards, paper processors, and glass beneficiation plants. Processing techniques include baling, compacting, flattening, grinding, crushing, and shredding. Related definitions include the following:
CONSTRUCTION AND DEMOLITION DEBRIS: A facility that processes material for recycling that is generated during the construction, remodeling, repair, or demolition of buildings, bridges, pavements, and other structures. Construction and demolition debris includes concrete, asphalt, lumber, steel girders, steel rods, wiring, drywall, carpets, window glass, metal and plastic piping, tree stumps, soil, and other miscellaneous items related to the activities listed above and including debris from natural disaster.
GLASS BENEFICIATION PLANT: A glass processing facility where recovered glass cullet is cleaned of contaminants and processed into a form that is ready to be manufactured into a new product (mill ready).
MATERIAL RECOVERY FACILITY (MRF): A facility where recyclables are sorted into specific categories and processed or transported to processors for remanufacturing.
SCRAP METAL PROCESSOR: An intermediate operating facility where recovered metal is sorted, cleaned of contaminants, and processed into a form that is ready to be recycled, including but not limited to scrap metal yards and scrap metal dealers, but not including Junkyards, Automobile and Light Vehicle Storage uses, or Heavy Vehicle Storage uses.
PAPER PROCESSOR: An intermediate-scale operating facility where recovered paper products and materials are sorted, cleaned of contaminants, and prepared for final recycling, including but not limited to paper stock dealers and paper packers.
REFERENCE EVAPOTRANSPIRATION: The evapotranspiration of a broad expanse of well-watered, four (4) to six (6) inch tall cool season grass.
REGIONAL BUILDING CODE: The Pikes Peak Regional Building Code that applies to the City and is adopted by reference in Section 7.4.1404.
REGISTERED PROFESSIONAL ENGINEER: A person who is currently registered by any state government of the United States as a professional engineer.
REINSPECTION-RELATED DEFINITIONS: These definitions apply to the general enforcement reinspection provisions in Section 7.5.907B (Reinspection Fee).
CHRONIC REPEAT OFFENDER: The owner of a property who has been previously classified as a repeat offender.
FIRST-TIME OFFENDER: The owner of a property who does not comply with the first notice and order issued for a specific violation nor with a subsequent failure to comply notice with an order to abate.
OWNER OF THE PROPERTY: The owner of record as reflected in the records of the El Paso County Assessor at the time of notification of the violation. Also known as "property owner" or "owner."
REINSPECTION: Any and all inspections at a specific property owned by a first-time offender, repeat offender, or chronic repeat offender, after issuance of the first notice and order to abate and subsequent failure to comply notice for a violation.
REPEAT OFFENDER: The owner of a property who has been previously classified as a first-time offender.
RELIGIOUS INSTITUTION: An establishment for the conduct of religious activities, including but not limited to a church, temple, seminary, monastery, mosque, synagogue, and similar facilities. Accessory uses include but are not limited to housing and columbaria as accessory.
REPLAT: A change in a recorded plat that involves any one or a combination of the following:
A. Rearrangement of lot lines.
B. The addition of unplatted or vacant land.
C. Rearrangement or deletion of public streets and alleys subsequent to or concurrent with vacation of approved public streets and alleys by City Council.
D. Further subdivision of platted lots, provided no portion of a platted lot is deleted from the proposed legal description.
RESIDENTIAL CHILDCARE FACILITY: Pursuant to C.R.S. § 26-6-102(8), a Colorado State licensed establishment that provides 24-hour care and treatment for five (5) or more children, up to the age of 18 years of age or court appointed up to the age of 21 years of age and operated under private, public, or nonprofit sponsorship. A residential childcare facility may include community based residential childcare facilities, shelter facilities, and therapeutic residential childcare facilities as defined by the State of Colorado and psychiatric residential treatment facilities as defined in C.R.S. § 25.5-4-103(19.5).
RESPONSIBLE PARTY: When used in the context of grading, erosion, and stormwater regulations, the owner of the property on which Permanent Control Measures have been constructed, and any other person or agent in control of the property (e.g., homeowners' association).
RESTAURANT: An establishment where food and drink are prepared, served, and consumed either on premises (inside or outside), taken out, or delivered. It may include the sale of alcoholic beverages when conducted as a secondary feature of the use and producing less than fifty (50) percent of the establishment's gross income. An eating establishment in which the Bar Area occupies more than thirty-five (35) percent of the gross floor area is classified as a Bar.
RESTRICTIVE COVENANT: A limitation of the use of land usually described in the deed or other recorded instrument.
RETAIL SALES: A facility engaged in the sale, or rental with incidental service, of commonly used goods and merchandise for personal or household use. A fuel dispensing station is not an included accessory use.
RETAIL SALES, SMALL: A facility with not more than ten thousand (10,000) square feet of gross floor area.
RETAIL SALES, MEDIUM: A facility with between ten thousand (10,000) square feet and fifty thousand (50,000) square feet of gross floor area.
RETAIL SALES, LARGE: A facility containing more than fifty thousand (50,000) square feet of gross floor area.
RIGHT-OF-WAY OR STREET RIGHT-OF-WAY: The area of land designated for streets, sidewalks, utilities, and public use.
RIPARIAN HABITAT: The area adjacent to flowing water that contains elements of both aquatic and terrestrial ecosystems that mutually influence each other, unless otherwise stated in this UDC or another City adopted regulation or manual.
RIPARIAN VEGETATION: Vegetation that requires the continuous presence of water, or conditions that are more moist than normally found in the area.
ROAD: See "Street."
ROOMING OR BOARDING HOUSE: A residential dwelling, other than a hotel, where, for compensation, lodging is provided and meals to lodgers may be provided for periods of time generally longer than thirty (30) days for not more than fifteen (15) roomers in addition to members of the family and in which no continuous medical or personal care is provided by the operators of the home. This does not include the Bed and Breakfast use.
SAFETY ZONE: When used in the context of wildfire risk reduction in the WUI-O district, the area within thirty (30) feet of the main structure or significant accessory structures, not to extend beyond the property line.
SANITARY FACILITIES: A group of fixtures, including or excluding a bidet, consisting of a water closet, lavatory, and bathtub or shower. Such fixtures are located together on the same floor level.
SCHOOL, ELEMENTARY OR SECONDARY: An educational institution that satisfies the compulsory education laws of the State of Colorado for students in the elementary grades, middle school grades, or high school grades. This definition includes public, private, non-profit, and charter non-boarding schools.
SCHOOL, HIGHER EDUCATION: An educational institution of higher learning that offers a course of study designed to culminate in the issuance of a degree certified by a generally recognized accrediting organization and under charter or license from the State of Colorado.
SCHOOL SITE FEE: The fee required to be paid as a form of compliance with the school site dedication requirements in Section 7.4.308 (School Site Dedications).
SCREENING: A method of visually shielding or obscuring one adjacent or nearby structure or use from another by fencing, walls, densely planted vegetation, or berms.
SEASONAL SALES, TEMPORARY: The temporary outdoor or indoor display and sale of goods or products associated with a particular season or a cultural event, such as the sale of Christmas trees, pumpkins, or seasonal produce, and typically occurring at a location not devoted to such sales for the remainder of the year.
SELF-STORAGE: A use with buildings designed primarily for the storage of household items and inventory of small commercial businesses where storage units are individually leased or rented, where access to storage units is infrequent, and where no utilities are provided except for the service of a manager's apartment and for lighting of individual storage units.
SEMIPUBLIC COMMUNITY RECREATION: A recreational facility for use by residents and guests of a specific neighborhood, residential development, or residential component of a mixed-use development. This includes both indoor and outdoor facilities, and facilities must be located within or adjacent to such development.
SHADE TREE: A deciduous (or, rarely, an evergreen) tree planted primarily for its high crown of foliage or overhead canopy. A major shade tree at maturity reaches a height of at least fifty (50) feet.
SHARED PARKING AGREEMENT: An agreement filed with the El Paso County Clerk and Recorder's Office that describes and defines the shared use of parking by the users of two (2) or more properties characterized by differing peak user times and/or days, and that identifies the properties involved, the owner of each property, their respective maintenance and operation responsibilities, the projected uses and the associated parking formulas, and the peak parking times and days. To the maximum extent feasible, the agreement shall guarantee cross access to associated entryways, drives, aisles, maneuvering areas and parking areas, and shall reference the Development Plan that displays the referenced information.
SHIPPING CONTAINER: Standardized, reusable shipping vessels used in the transportation of freight and capable of being mounted and moved on a rail car, or mounted on a chassis for movement by truck trailer or loaded on a ship (also referred to as cargo containers, freight containers, or sea vans).
SHORT TERM RENTAL: A residential dwelling unit, or portion of such a unit, that is rented for less than thirty (30) days at a time, with the exception of dwelling units owned by the federal government, the state, or the City, or any of their agencies, or facilities licensed by the state as health care facilities.
SHRUB: A self-supporting woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base, usually not more than twelve (12) feet in height at its maturity. It may be evergreen or deciduous.
SIDE STREET: The public or private street adjacent to the side of a lot that is not adjoining the front yard of the lot.
SIGN: Any name, figure, character, outline, display, announcement, or device, or structure supporting the same, or any other device of similar nature designed to attract the attention of passersby to a building or structure, and shall include all parts, portions, units, and materials composing the same, together with the frame, background, and supports or anchoring thereof. A sign shall not include any architectural or landscape features that may also attract attention.
SIGN-RELATED DEFINITIONS:
ABANDONED SIGN: Any sign that advertises a business, lessor, owner, product, service, or activity that is no longer located on the premises where the sign is displayed and is in disrepair and structurally unsound with potential to cause health, safety, and welfare issues.
ANIMATED SIGN: A sign that has any visible moving part, flashing or oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that moves, changes, flashes, oscillates, or visibly alters the appearance in a manner that is not permitted by these regulations.
AWNING SIGN: A sign painted on, attached to, or supported by a shelter extending from the exterior wall of a building and composed of nonrigid materials except for the supporting framework (an awning).
BANNER: A temporary sign having character, letters, illustrations, or ornamentations applied to cloth, paper, fabric, or other lightweight nonrigid material, with only such material for a backing,
which projects from, hangs from, or is affixed to a building, private light pole, or a wire. The display surface shall not have blinking or flashing lights, nor be illuminated, animated, or constructed of reflective material. Banners include decals, painted imagery, cable hung banners, and wave banners.
BILLBOARD: A sign that directs attention to a business, activity, commodity, service, entertainment, or communication that is not conducted, sold, or offered at the premises on which the sign is located, or which does not pertain to the premises upon which the sign is located.
BUILDING LENGTH: The number of linear feet of the exterior wall of the side of the building where the sign is placed.
CANOPY SIGN: A permanent sign attached to a canopy or affixed to the sides of a canopy structure. These signs may be below a projecting structure that extends over the pedestrian walkway.
CHANGEABLE COPY SIGN: A sign or portion of a sign on which the copy or symbols change either automatically through electrical or electronic means, or manually through placement of letters or symbols on a panel mounted in or on a track system.
CONSTRUCTION SIGN: A temporary sign erected on premises under construction, during the period of construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the construction project.
COORDINATED SIGN PLAN (CSP): A coordinated plan or program for all signs, including temporary signs for a business, or businesses located on a development site. The CSP shall include, but not be limited to, indications of the locations, dimensions, colors, letter styles, and sign types of all signs to be installed on a site.
CORPORATE FLAG: Any flags other than national, state, or City flags that have copy or logos.
DECORATIVE FLAG: Flags with no copy or logos.
DIRECTIONAL SIGN: A permanent sign located on private property at or near the public right-of-way, directing or guiding vehicular traffic onto the property and/or toward parking or other identified locations on the property.
DIRECTORY (FREESTANDING): A sign directing users or patrons around a property or center. Examples include, but not limited to, office building directories, builder/developer directories, and commercial center directories.
ELECTION SIGN: A sign designed for the purpose of supporting or opposing a candidate, issue, proposition, or other measure at an election or for any other noncommercial expression not related to the advertisement of any product or service or the identification of any business.
ELECTRONIC MESSAGE CENTER (EMC): A sign that is capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means.
EXTERNAL USAGE SIGN: Signs for goods or services normally provided outside of the principal structure. Examples include drive-through lanes, automated teller machines, car wash, and gas station vacuums.
FLASHING: A pattern of sudden alternation between a fully illuminated message and a message without illumination, or a message where the copy color and the background color alternate or reverse color schemes rapidly.
FREESTANDING SIGN: A sign that is not attached to a building and is permanently affixed in or upon the ground on one (1) or more structural supports. A freestanding sign shall include, but is not limited to, a pole, monument, or low-profile type sign.
GAS ISLAND SIGN: Includes signs on the gas pump, pump topper, and additional signage on the island.
GOVERNMENTAL SIGN: A sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance, or other governmental regulation.
HUMAN SIGN: Signs that are being carried by people and do not block vehicular or pedestrian traffic.
ILLEGAL SIGN: A sign without proper approval or permits as required by this UDC at the time of sign placement. "Illegal sign" shall also mean a sign placed contrary to the terms or time limits of a permit and a nonconforming sign that has not been brought into compliance with any applicable provisions of this UDC.
INFLATABLE DISPLAY: A sign consisting of a flexible material envelope of nonporous material inflated or shaped from inserted air or other gas and used to promote special events, grand openings, sales, and business transitions. Inflatable displays include air or gas blown devices that wave, lightly or rapidly, in an irregular manner and portable inflatable billboards. Inflatable displays shall not be permitted to have a sound system. Inflatable displays do not include individual latex balloons under eighteen (18) inches in size.
INTERPRETIVE SIGN: A sign that demonstrates or interprets the natural or historical surroundings of a place (a preserve, a national park, a scenic view, or historic place/monument) to its visitors.
MENU BOARD/DRIVE-THROUGH: A sign, permanently mounted, that lists the products or services available at a drive-in or drive-through facility, and that is not legible from the right-of-way.
MESSAGE: For purposes of sign regulation, a complete, static display.
MESSAGE HOLD TIME: The time interval a static message must remain on the display before transitioning to another message.
MODEL HOME SIGN: A sign on or in front of a residential structure that is used as an exhibit, not a private residence or a property that has been used as a private residence, to advertise or market it or other houses.
MONUMENT SIGN: A sign identifying a particular area or development. A subdivision monument can pertain to a residential, office, industrial or commercial subdivision.
MOTOR VEHICLE SIGN: A sign affixed to an operating motor vehicle that is used as a part of the business operations.
MURAL: A picture on an exterior surface of a structure. A mural is a sign only if it is related by language, logo, or pictorial depiction to the advertisement of any product or service or the identification of any business located on the premises.
NONCONFORMING SIGN: A sign that was validly placed or constructed under laws or ordinances in effect at the time of its placement, but that conflicts with the current provisions of this UDC.
OFF PREMISES SIGN: A sign normally used for promoting an interest other than that of a business, individual, product, or service available on the premises where the sign is located. This excludes tenant signage within a commercial center or signage established through a CSP and advertising businesses within the CSP area.
OFFICIAL LEGAL NOTICE: Signs that are erected or issued by any governmental agency, court, public body, person, or officer in performance of a public duty or in giving any legal notice, including signs that are required to be posted to give notice of pending action pursuant to the UDC or this Code.
ON PREMISES SIGN: A sign used for promoting a business, individual, product, or service available on the premises where the sign is located or any sign promoting businesses within a Coordinated Sign Plan.
PORTABLE A-FRAME SIGN: A movable sign not permanently attached to the ground or a building and easily removable by hand or using ordinary hand tools.
PRIVATE NOTIFICATION SIGN: A sign that regulates actions on private property. Examples include "No Trespassing," "Beware Of Dog," etc.
PROJECTING SIGN: A sign that projects from and is supported by a wall or parapet of a building with the display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall.
REAL ESTATE SIGN: A nonpermanent sign pertaining to the sale, exchange, lease, rental, or availability of land, buildings, townhome, condominium and similar units, or apartments. Signs may include building name and address, price and amenities, identity of seller or broker, and similar information.
SIGN AREA: An exterior display surface of a sign including nonstructural trim exclusive of the supporting structure.
TEMPORARY RETAIL SIGN: A sign constructed of cloth, canvas, fabric, plywood, or other light material permitted in conjunction with an approved temporary vendor use.
TEMPORARY SIGN: A sign constructed of cloth, canvas, fabric, plywood, or other light material and displayed for a short period of time as described in Part 7.4.13 (Signs).
TRANSITION DURATION: The time interval it takes the display to change from one complete static message to another complete static message.
TRANSITION METHOD: A visual effect applied to a message to transition from one message to the next. Transition methods include:
A. Dissolve - A frame effect accomplished by varying the light intensity or pattern, in which the first frame gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second frame.
B. Fade - A frame effect accomplished by varying the light intensity, where the first frame gradually reduces intensity to the point of not being legible (i.e., fading to black) and the subsequent frame gradually increases intensity to the point of legibility.
WALL SIGN: A sign attached to or painted on the wall of building or structure in a plane parallel or approximately parallel to the plane of the wall.
WINDOW SIGN: A sign viewable through and/or affixed in a manner to a window or exterior glass door so that it is intended to be viewable from the exterior of the building (beyond the sidewalk immediately adjacent to the window), including signs located inside a building but visible primarily from the exterior of the building.
WORK OF ART: Art that in no way identifies a product, business, or enterprise and that is not displayed in conjunction with the commercial enterprise on the property.
YARD OR WALL SIGN: A sign displayed in a yard or attached to a building face that communicates a noncommercial message.
SIGNATURE LANDSCAPES: Landscape development consistent with local climatic and soil conditions and that evokes the aesthetic and ecological qualities of regional native plant communities.
SIGNIFICANT NATURAL FEATURES: Ridgelines, bluffs, rock outcroppings, foothills, mountain backdrops, unique vegetation, floodplains, streams, surface water, natural drainageways, and wildlife habitats that contribute to the attractiveness of the community.
SIGNIFICANT VEGETATION: A plant or plants recommended for retention by the City Forester because of size, indigenous character, species type(s), unique environmental benefits, or because it is difficult to provide comparable replacement vegetation.
SITE DISTANCE LINE: The triangular area at the intersection of the curb lines of two (2) streets or a railroad right-of-way line and a street curb line with dimensions from such curb lines necessary to protect required minimum horizontal and vertical sight distances as shown in the Engineering Criteria or as otherwise required by the City Engineer based on considerations of traffic, bicycle, and pedestrian safety.
SITE PLAN: A two-dimensional representation, drawn to scale, of the total area of a development project, including building footprints, roadways, and parking areas.
SMALL ANIMAL CLINIC: A facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, and prevention of animal diseases in which the animals are limited to dogs, cats, and other comparable household pets and in which the overnight care of such animals is permitted when necessary for medical treatment. The facility may include a crematorium for small animals as an accessory use.
SOIL AMENDMENT: Organic and inorganic materials added to soil to improve texture, nutrients, moisture holding capacity, and infiltration rates.
SOLAR COLLECTOR, ACCESSORY: A system of panels, wiring, and related equipment used to transform direct solar energy into thermal, chemical, or electrical energy that is mounted either to the ground or to a building.
SPECIFIED ANATOMICAL AREAS:
A. Less than completely and opaquely covered: human genitals, pubic region, buttocks, and female breast below a point above the top of the areola.
B. Human male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Acts, simulated acts, exhibitions, representations, depictions, or descriptions of:
A. Human genitals in a state of sexual stimulation or arousal.
B. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.
C. Intrusion, however slight, actual, or simulated, by any object, any part of an animal's body, or any part of a person's body into the genital or anal openings of any person's body.
D. Cunnilingus, fellatio, anilingus, masturbation, bestiality, lewd exhibition of genitals or excretory function, actual or simulated.
E. Flagellation, mutilation, or torture, actual or simulated, in a sexual context.
SPECIAL INDUSTRY: An establishment involved in the basic research, development, processing, and manufacturing of products, predominately from raw materials, with noticeable noise, odor, vibration, or air pollution effects across property lines, and engaged in the storage of or processes involving potentially or actually hazardous, explosive, flammable, radioactive, or other commonly recognized hazardous materials.
STABLE:
A. When a primary use of land, a structure for the keeping of horses, mules, ponies, donkeys, goats, sheep, llamas, alpacas, or similar animals or any combination of those animals that are hired, bred, boarded, or shown on a commercial basis.
B. When an accessory use of land, an accessory structure, shelter, or fenced corral enclosure for the keeping of not more than a total of four (4) horses, mules, ponies, donkeys, goats, sheep, llamas, alpacas, potbellied pigs, or other similar animals or any combination of those animals for the use of the occupant of the principal residential structure, and not kept for remuneration, hire, or sale.
STADIUM OR AUDITORIUM: A structure that accommodates large numbers of people at sporting, entertainment, or educational events, in which attendees are generally spectators but may also be participants in some of the activities and including but not limited to civic or community auditoriums, sports arenas or stadiums, convention facilities, fairgrounds, event centers, and exhibition facilities.
STATE WATERS: When used in the context of grading, erosion, and stormwater regulations, any and all surface and subsurface waters that are contained in or flow in or through this State, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed.
STOCKYARD: The temporary keeping of livestock for slaughter, market, or shipping. Other typical uses include animal auction yards.
STOOP: A platform or entrance stairway adjacent to a walkway providing pedestrian access to a building.
STORMWATER: When used in the context of grading, erosion, and stormwater regulations, precipitation induced surface runoff and drainage.
STORMWATER CONSTRUCTION MANUAL: A document containing policies, procedures, standards, diagrams, and lists necessary to implement the grading and erosion control standards and regulations of this UDC.
STORMWATER ENTERPRISE: The enterprise of the City established pursuant to Chapter 14, Article 8 of the City Code.
STORMWATER ENTERPRISE MANAGER: The Stormwater Enterprise Manager as set forth in Chapter 14, Article 8 of the City Code.
STREAMSIDE BUFFER: Areas of land within a specified distance of the toe of the channel bank of a stream. Areas have been identified as significant based upon their typical size, natural and vegetative characteristics, wildlife habitat suitability, green space and recreational opportunities, and permitted and/or prohibited land use potential.
STREET: The entire width between the boundary lines of every publicly maintained way when any part of the way is open to the use of the public for purposes of vehicular travel; or the entire width of every way declared to be a public street or highway by any law of the state.
STREET ORIENTED UNIT: A Single-family Detached or Single-family Attached dwelling unit with a garage fronting on a public or private street.
STREET TREE: A tree planted in the street right-of-way (parkway) between the curb or edge of road and the adjoining property line to provide shade, spatial definition, and human scale, and to enhance the street environment.
STREETSCAPE: The landscape treatment of a street edge, including vegetation, sidewalks, streetlights, fencing, signs, utilities, etc.
STRUCTURE: Anything constructed or erected that is permanently located on the ground.
SUBDIVIDER: The owner of property, or the owner's agent, who subdivides property, or who proposes the subdivision of property as set forth in Part 7.4.3 (Subdivision Standards). In the context of park land dedication requirements, this includes only those who make application to subdivide property for residential development that generates park land dedication needs pursuant to Section 7.4.307 (Park Land Dedications).
SUBDIVISION:
A. The division of a parcel of land into two (2) or more lots or parcels for the purpose of transfer or development, where at least one resulting parcel is less than thirty-five (35) acres, or any division of a parcel of land where a new street is involved; provided that any division of land that may be ordered by a court, or is effected by testamentary or intestate provisions, or is accomplished for the purpose of a transfer involving the City, or is accomplished as a rearrangement of property boundaries as provided for in this Code shall not be deemed a subdivision.
B. The building development or platting of a single unplatted parcel of land.
SWIMMING POOL, ACCESSORY: Any confined body of water exceeding one hundred (100) square feet in water surface area, or eighteen (18) inches in depth, designed, used, or intended to be used for swimming or bathing purposes that is accessory to another structure or use.
TEMPORARY FESTIVAL AND AMUSEMENT: A fair, carnival, circus, menagerie, or set of amusement park activities such as rides that is established for a temporary period of time, generally no more than two (2) weeks, and may include the ancillary sale of food and retail goods.
TEMPORARY REAL ESTATE SALES OR BUSINESS OFFICE: A facility or area used as a temporary place of business to sell land, buildings, or dwelling units within a specified project, development, or subdivision, or a temporary business office for a contractor working on a specified project, development, or subdivision.
TEMPORARY VENDOR ON COMMERCIAL RETAIL CENTER: A person or entity engaged in the sales of goods on a temporary basis from a vehicle, stand, or enclosure other than a structure located on a property containing more than one principal commercial use.
TINY HOUSE: A single-family dwelling unit containing less than four hundred (400) square feet of gross floor area, that is installed on an engineered permanent foundation and complies with either the City's adopted building code or is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq., as amended, and is built for the Colorado climate and snow loads pursuant to Department of Housing and Urban Development standards established under the provisions of 42 USC 5401 et seq.
TINY HOUSE COMMUNITY: A lot or parcel of land held under single ownership or unified control upon which two (2) or more Tiny Houses, occupied for residential purposes, are located and for which a which a charge is made for such accommodations, and including any structures used or intended for use as a part of such park to provide amenities or services to its residents.
TOE OF THE CHANNEL BANK: When used in the context of Section 7.2.603 (SS-O: Streamside Overlay), the point where the sloping bank becomes level or nearly level to the channel bed (or water level), or the point where bank vegetation terminates with channel substrate (sand, gravel, cobble, boulder, or bedrock). Some streams within the City (i.e., Fountain Creek, Monument Creek, Templeton Gap Floodway) have very wide channels that are typically only partially used by flowing water; the water flow meanders within the channelized area and is subject to significant fluctuations from year to year.
TRACT: A parcel of land that is created for purposes of common ownership and use by two (2) or more property owners, an association, or government entity.
TRANSIT SHELTER, ACCESSORY: Improvements and facilities located on private property at selected points along transit routes for passenger pick up, drop off, and waiting. Facilities and improvements may include shelters, benches, signs, structures, and other improvements to provide security, protection from the weather, and access to nearby services.
TRANSIT STATION: A facility located along a fixed public transit route, other than a transportation terminal, where passengers load and unload from the transit mode and where passengers may change to another transportation mode. A transit station may include accessory uses such as convenience retail and personal services, public park or plaza spaces, or park and ride facilities.
TRANSPORTATION TERMINAL: A facility for loading, unloading, and interchange of passengers, baggage, and incidental freight or package express between modes of ground transportation, including airport terminals, bus terminals, railroad stations, public transit facilities, and taxicab services, but not including a Transit Station.
TREE: A large, woody plant having one or several self-supporting stems or trunks and numerous branches. It may be classified as deciduous or evergreen.
TRUCK TERMINAL: A facility or area of land where truck freight is transferred from collection vehicles or railroad cars to distribution vehicles or freight haulers, and vice versa, and where routine daily service and maintenance including but not limited to fueling, oil changes, tune ups, engine lubrication, tire changing and repair, and muffler repair, but not including removing engines or transmissions, painting, or bodywork may be performed on trucks as an accessory use.
URBAN AGRICULTURE: The use of a parcel of land not exceeding five (5) acres in size for the cultivation of food and/or horticultural crops, composting, aquaponics, aquaculture, hydroponics, and animals limited to fowl, ducks, and hoofed pets. This use may include the production or sale of food products from food grown on the premises and accessory keeping of bees subject to City regulations, but does not include cultivation of marijuana.
UTILITY, MAJOR: A facility providing an important regional or citywide utility service, such as water, sewer, gas, stormwater, or electricity, that normally entail construction of relatively large new buildings or structures, and that typically have employees on the site. Examples include but are not limited to water treatment plants; sewage treatment plants; reservoirs; regional Permanent Control Measures; electric power lines and substations; and other similar facilities.
UTILITY, MINOR: Equipment necessary to support and distribute utility services, often from major utility facilities, to development within the immediate vicinity, and that generally involves only minor accessory structures. Employees typically are not located at the site. Examples include but are not limited to electric transformer stations, service boxes and distribution lines; sewer collection lines, gas regulator stations and distribution lines, stormwater lines and appurtenances, telephone service boxes and lines, well, water, and sewer pumping stations, and related underground and aboveground pipes and wires related to any of the listed services.
UTILITY SERVICE PLAN: A plan showing the routing of utility service lines and required easements for individual structures or dwelling units or lots.
VACATION OF RIGHT-OF-WAY: The process by which recorded public right-of-way is transferred from the City to adjacent property owner(s) for private ownership and use, or the reversion to metes and bounds description of property for which a recorded Final Plat exists.
VEGETATION: Plants in general or the sum total of plant life in an area.
VOCATIONAL OR SKILLS EDUCATION: An establishment that provides specialized training and education beyond the high school level, principally in the business, commercial, or vocational arts, that does not provide lodging or dwelling units for students or faculty, and that has programs that typically result in the awarding of a certificate rather than a two- or four- year college degree and that do not meet the definition of a Higher Education School.
WAREHOUSING AND WHOLESALING: An enclosed building used primarily for the storage and dispatching of goods and materials. Typical uses include wholesaling, wholesale distributors, distribution and fulfillment centers, storage warehouses, and moving and storage companies.
WASTE TRANSFER STATION: A collection and transportation facility used to deposit solid waste collected off-site into larger transfer vehicles for transport to disposal site, and that may also include recycling facilities.
WETLAND: Those areas that are inundated or saturated by surface water 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.
WIND ENERGY SYSTEM, ACCESSORY: A wind energy conversion system, mounted to the ground or to building, that has a rated capacity of one hundred (100) KW or less that is accessory to another primary use of the property, and that primarily supports the energy needs of the principal use on the site.
WIRELESS COMMUNICATION FACILITY DEFINITIONS:
ACCESSORY EQUIPMENT: Any equipment serving or being used in conjunction with a WCF, including but not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, fences, or other structures.
ALTERNATIVE TOWER STRUCTURE: Man-made trees, clock towers, bell steeples, light poles, traffic signals, buildings, and similar alternative design mounting structures that are compatible with the natural setting and/or surrounding structures, and that camouflage or conceal the presence of antennas or towers so as to make them architecturally compatible with the surrounding area pursuant to 7.3.303H.1 (Wireless Communication Facility). This term also includes any antenna or antenna array attached to an Alternative Tower Structure. A stand-alone Monopole (including a Replacement Pole) in the public right-of-way that accommodates Small Cell Facilities is considered an Alternative Tower Structure to the extent it meets the WCF stealth and concealment standards.
ANTENNA: Any device used to transmit and/or receive radio or electromagnetic waves such as but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one (1) or more elements, multiple antenna configurations, or other similar devices and configurations, and exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals.
BASE STATION: A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The definition of Base Station does not include or encompass a Tower or any equipment associated with a Tower including Accessory Equipment. Base Station does include, without limitation:
A. Equipment associated with wireless communications services such as private broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul that, at the time the relevant application is filed with the City under this UDC and has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support; and
B. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplied, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks) that, at the time the relevant application is filed with the City, has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
CELL ON WHEELS: A mobile cell site that consists of an antenna tower and electronic radio transceiver equipment on a truck or trailer that is designed to boost reception as part of a larger cellular network and is temporary in nature.
COLLOCATION: The mounting or installation of transmission equipment on an existing WCF or an Eligible Support Structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
COLLOCATION LETTER: A letter from the applicant, stating in detail why the proposed new WCF could not be collocated on another structure within six hundred (600) feet of the proposed site. If another structure is located within six hundred (600) feet of the proposed site but collocation is technically infeasible, the collocation letter shall be signed and certified by a qualified engineer. The collocation letter shall also specify whether the proposed WCF can accept a collocation.
ELIGIBLE FACILITIES REQUEST: Any request for modification of an Existing Tower or Existing Base Station that is not a Substantial Change, and involves: (i) Collocation of Transmission Equipment, (ii) removal of Transmission Equipment, or (iii) replacement of Transmission Equipment.
ELIGIBLE SUPPORT STRUCTURE: Any Tower or Base Station as defined in this UDC, provided that it is Existing at the time the application is filed with the City under this Section.
EXISTING: For purposes of Section 7.5.512 (WCF Eligible Facilities Requests), a constructed Tower or Base Station is existing if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a Tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition so long as the Tower has maintained the requirements of legal, nonconforming status pursuant to this UDC.
FREESTANDING FACILITY: A WCF that consists of a stand-alone structure and antennas, together with associated Accessory Equipment that may be housed in a separate storage structure. Freestanding facilities include, but are not limited to, wooden poles, steel monopoles, lattice towers, and similar structure.
MICRO CELL FACILITY: A small wireless facility that is no larger than twenty-four (24) inches in length, fifteen (15) inches in width, twelve (12) inches in height, and that has an exterior antenna, if any, that is no more than eleven (11) inches in length.
MONOPOLE: A single, freestanding pole-type structure supporting one (1) or more antennas.
RADIO FREQUENCY EMISSIONS LETTER: A letter from the applicant, signed by a qualified radio frequency engineer certifying all WCFs that are the subject of the application shall comply with federal standards for radio frequency emissions. As part of, or attached to the Radio Frequency Emissions Letter, an applicant shall include complete copies of any filings made at the FCC to demonstrate compliance with the federal standards, or if the applicant believes that the WCFs subject to the application are exempt from making such FCC filings, a complete description of the basis for such claimed exemption.
REPLACEMENT POLE: A newly constructed and permitted traffic signal, utility pole, street light, flagpole, electric distribution, or street light poles or other similar structure of similar proportions and of similar height to the pre-existing pole or structure in order to support a WCF or Small Cell Facility or to accommodate collocation and remove the pre-existing pole or structure.
ROOF MOUNTED FACILITY: A WCF where the antennas are mounted to the roof of an existing building (including rooftop appurtenances). Related Accessory Equipment may be located within the building, on the roof, or on the ground.
SIGNAL NON-INTERFERENCE LETTER: A letter from the applicant signed by a qualified radio frequency engineer certifying that all WCFs that are the subject of the application shall be designed, sited, and operated in accordance with applicable federal regulations addressing radio frequency interference.
SITE: For purposes of Section 7.5.512 (WCF Eligible Facilities Requests), for Towers other than towers in the public rights-of-way, the area in proximity to the Structure and to other Transmission Equipment already deployed on the ground.
SMALL CELL FACILITY: A WCF where each antenna is located inside an enclosure of no more than three (3) cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and primary equipment enclosures are not larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosure, grounding equipment, power transfer switch, and cut-off switch. For the avoidance of doubt, Small Cell Facilities may be attached to Alternate Tower Structures, Monopoles, and Support Structures.
STEALTH DESIGN TECHNIQUES OR CONCEALMENT ELEMENTS: The use of design and siting to camouflage or conceal a WCF with the intent to minimize or eliminate the visual impact of the WCF on surrounding uses. A WCF site uses Stealth Design Techniques when it:
A. Uses a design which mimics and is consistent with the nearby natural or architectural features (such as an artificial tree placed near real trees of similar size); or
B. Is incorporated into (including, without limitation, being attached to the exterior of such facilities and painted to blend in) or replaces existing permitted facilities (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not readily apparent.
STEALTH FREESTANDING FACILITY: A Freestanding Facility that uses Stealth Design Techniques.
SUBSTANTIAL CHANGE: For purposes of Section 7.5.512 (WCF Eligible Facilities Requests), a modification that substantially changes the physical dimensions of an Eligible Support Structure if, after the modification, the structure meets any of the following criteria:
A. For Towers, other than Towers in the right-of-way, it increases the height of the Tower by more than ten (10) percent or by the height of one (1) additional antenna array, with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other Eligible Support Structures, it increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater;
B. For Towers, other than Towers in the right-of-way, it involves adding an appurtenance to the body of the Tower that would protrude from the Tower more than twenty (20) feet, or more than the width of the Tower Structure at the level of the appurtenance, whichever is greater; for other Eligible Support Structures, it involves adding an appurtenance to the body of the structure that would protrude from the side of the structure by more than six (6) feet;
C. For any Eligible Support Structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or for Towers in the right-of-way and Base Stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;
D. For any Eligible Support Structure, it entails any excavation or deployment outside the current Site;
E. For any Eligible Support Structure, it would defeat the concealment elements of the Eligible Support Structure. For the purposes of this Subsection, a change that undermines the concealment elements of an Eligible Support Structure will be considered to defeat the concealment elements; or
F. For any Eligible Support Structure, it does not comply with conditions associated with the siting approval of the construction or modification of the Eligible Support Structure equipment, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in subdivisions A, B, and C of this definition. For purposes of determining whether a Substantial Change exists, changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height are measured from the dimensions of the tower or Base Station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012.
SUPPORT STRUCTURE: A structure designed to support Small Cell Facilities including but not limited to Monopoles, Alternative Tower Structures, Replacement Poles, and other freestanding self-supporting pole structures.
TOLL AND TOLLING: To delay, suspend, or hold off on the imposition of a deadline, statute of limitations, or time limit.
TOWER: Any structure that is built for the sole or primary purpose of supporting one (1) or more FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including but not limited to private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
TRANSMISSION EQUIPMENT: Equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, including but not limited to radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including but not limited to private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
WALL MOUNTED FACILITY: A WCF where the antennas are mounted to the face (or walls) of an existing building. Related Accessory Equipment may be located within the building or on the roof or ground.
WIRELESS COMMUNICATION FACILITY (WCF): A facility used to provide personal wireless services as defined at 47 USC section 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the Code. A WCF includes an Antenna or Antennas, Accessory Equipment, Alternative Tower Structures, and Towers. WCF does not include the Support Structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use, including light poles and utility poles owned by the City. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or handheld radios/telephones and their associated transmitting Antennas, nor does it include other facilities specifically excluded from the Wireless Communication Facility definitions.
XERISCAPE: A water efficient landscape adapted to the local environment.
XERISCAPE PRINCIPLES: The process of creating quality water-efficient landscaping that is adapted to the natural environment. This includes designs that consider long-term water use, improved planting soils, plant selection that is adapted to the Colorado Springs climate and local soils, water efficiency, the use of mulch to reduce evaporation, turf alternatives, and the provision of appropriate landscape maintenance techniques.
YARD: See definitions related to "Setback" in Section 7.2.206 (Setbacks).
ZONE DISTRICT: A delineated area in the City within which all land and structures are governed by a specific group of use and development standards set forth in this UDC. A base zone district is one of the Agricultural and Residential Zone Districts, Mixed-Use Zone Districts, Industrial Zone Districts, and Public and Semi-Public Zone Districts in Parts 7.2.2, 7.2.3, and 7.2.4 respectively. An overlay district is a zone district that applies in addition to a base zone district and imposes additional regulations. The overlay districts are located in Part 7.2.6 (Overlay Districts). A Planned Development Zone District is a special type of base zone district and is established in Part 7.2.7. (Ord. 23-03; Ord. 23-09)