here - City of Cortez

SUBCHAPTER 12.02 USE DEFINITIONS
Sec. 12.02.01 Agricultural Uses
Agricultural Packing or Processing Facility: the transformation of raw ingredients, by
physical or chemical means into food, or of food into other forms. The term includes the combination
of raw food ingredients into a form that can be prepared and used by a consumer. Food processing
typically involves activities such as mincing and macerating, liquefaction, emulsification, and cooking
(such as boiling, broiling, frying, or grilling); pickling, pasteurization, and many other kinds of
preservation; and canning or other packaging. Primary processing may include dicing or slicing,
freezing or drying leading to tertiary processes or packing, canning, packaging.
Agricultural Sales: the sale of products cultivated by agricultural methods.
Agricultural Support Services: any use of land or water designed to facilitate and provide
support for agricultural uses.
Apiary: A place in which a colony or colonies of bees are kept; for example, in a stand or shed for
beehives, or a bee house containing a number of beehives.
Community Garden: Privately or publicly owned land used for the cultivation of fruits, vegetables,
plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots
for cultivation by one or more individuals or may be farmed collectively by members of the group
and may include common areas maintained or used by group members.
Equipment Sales, Heavy: Retail and/or service activities that have regular outside service or
outside storage areas, larger than average enclosed floor areas devoted to commercial use, or
partially enclosed structures, as listed below:
A.
B.
C.
D.
E.
F.
G.
Permanent retail operations that are located outside of enclosed buildings, except nurseries;
Home centers;
Agricultural equipment and building materials;
Equipment rental where the equipment is stored, sold, or displayed outside;
Heavy truck or recreational vehicle leasing or sales;
Manufactured home sales; and
Industrial or construction equipment leasing or sales.
Farm: means any land or buildings or structures on or in which agriculture and farming operations
are carried on, including the residence or residences of owners, occupants, or employees who live on
the property.
Farmstead: a residential-agricultural unit in which the land is used for agriculture by the owner or
operator of the agricultural operation, who resides on the property as the owner or lessee.
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Food Processing: The transformation of raw ingredients, by physical or chemical means into food,
or of food into other forms. The term includes the combination of raw food ingredients into a form
that can be prepared and used by a consumer. Food processing typically involves activities such as
mincing and macerating, liquefaction, emulsification, and cooking (such as boiling, broiling, frying, or
grilling); pickling, pasteurization, and many other kinds of preservation; and canning or other
packaging. Food processing does not include the harvesting, storage, or transportation of cultivated
agricultural products.
Greenhouse: A temporary or permanent structure typically made of, but not limited to, glass,
plastic, or fiberglass in which plants are cultivated.
Veterinary Clinic, In- or Out- door Large Animal: An animal hospital or clinic that provides
services for horses and other livestock.
Sec. 12.02.02 Commercial Retail and Service Uses
Adult Entertainment Establishment: An adult arcade, adult bookstore, adult video store, adult
novelty store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor,
clothing optional club, sexual encounter establishment, or other similar business and includes any of
the following:
A. The opening or commencement of any sexually oriented business as a new business;
B. The conversion of an existing business, whether or not a sexually oriented business, to any
sexually oriented business;
C. The additions of any sexually oriented business to any other existing sexually oriented business;
or
D. The relocation of any sexually oriented business, as defined herein and in the Code of the City of
Cortez, Article XIX, Chapter 4A.
The definition of sexually oriented businesses does not include an establishment where a medical
practitioner, psychologist, psychiatrist, or other similar professional person licensed by the state
engages in medically approved and recognized sexual therapy. The definition does include those
stores that rent or sell adult videos or adult publications, which are in excess of 15 percent of the
total stock available to the public for consumption.
Alcoholic Beverage Sales, Off-site Consumption: A business whose floor space is primarily
devoted to the retail sale of beer, wine, or other alcoholic beverage products for off-premises
consumption and which requires a license under Colorado state regulations for the sale of beer, wine,
or other alcoholic beverages. Such use may include drive-up or drive-through buildings or properties.
Alcoholic Beverage Sales, On-Site Consumption: A business whose floor space is primarily
devoted to the sale of beer, wine, or other alcoholic beverages for on-premises consumption and
which requires a license under Colorado state regulations.
Animal Grooming Facilities: An establishment where domestic animals are bathed, clipped, or
combed for the purpose of enhancing their appearance or health, and for which a fee is charged, but
not including overnight boarding of animals.
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Animal Veterinary Services, Small Animal: A use in which medical care is provided for
household pets, such as dogs, cats, and birds. The phrase does not include medical care for large
animals or livestock.
Automobile, Pick-Up Truck, Minor Service: Any repair that does not require the removal of
the engine head or pan, engine transmission, or differential, incidental body work, rebuilding or
reconditioning of engines, framework, welding, and major painting service. Examples of minor
services include, but are not limited to, the changing of fluids, tires, batteries, shock absorbers,
mufflers, brakes, lights, wipers and tinting.
Auto Repair Garage: A building or place arranged, designed, used or intended to be used for the
purpose of providing general repair and servicing of motor vehicles. Such repair or servicing may
include reconditioning of engines, air conditioning systems and transmissions; wrecker service;
collision services, including body, frame or fender straightening or repair; painting, undercoating and
dust proofing; replacement or repair of brakes, shock absorbers, tires, batteries, mufflers, or
upholstery; and other similar services
Automobile Sales, Rental, and Service: A use that sells, rents, or performs services on
automobiles, light trucks, small boats, all-terrain vehicles, and motorcycles, where the inventory is
new or used and is stored for any length of time on-site. The use may also include automobile fueling
or charging stations, or automobile washes, when such use is an accessory use to the principal use,
such as fueling or washing areas for he vehicles to be rented, sold, or serviced on the property. The
use does not include Automobile, Truck Major Repairs and Service, as defined herein, unless such
uses are expressly allowed in the district in which the use is located. s on the same site.
Automobile Wash (Automatic): Any area or business using self-service, in-bay automatic, or
conveyor equipment for cleaning and washing motor vehicles, whether as a part of another business
operation (e.g., as an accessory use to an automobile fueling or charging station, automobile sales,
rental, and service), or as a stand-alone operation, of any type, on a commercial basis. The phrase
"automobile wash" includes fleet and municipal in-bay automatic and conveyor automobile wash
facilities.
Automobile Wash (Self-Wash/Professional Detailing): Any area or business using self-serve
or professional detailing to cleaning and washing motor vehicles, whether as a part of another
business operation (e.g., as an accessory use to an automobile fueling or charging station, automobile
sales, rental, and service), or as a stand-alone operation, of any type, on a commercial basis.
Bank, Credit Union, and Financial Institutions: Any of the class of business in a freestanding
building, kiosk or automated teller machines; that provides financial services and the transmission
of funds.
Commercial Drive-In or Drive-Through Facility: A facility used by an approved use to provide
service to customers in vehicles who either:
1. Drive up to a window or station; or
2. Drive through the building for purchases.
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Commercial Retail, Neighborhood Center, Small Appliance Repair, Auto Part, Resale
Center): Commercial and retail uses that do not include regular outside storage or sales. The phrase
"commercial retail" includes uses that are comparable to the following:
A.
B.
C.
D.
E.
F.
G.
H.
I.
Furniture and home furnishings stores;
Electronics and appliance stores;
Paint and wallpaper stores;
Food and beverage stores;
Health and personal care stores;
Clothing and clothing accessory stores;
Sporting goods, hobby, book, and music stores;
General merchandise stores; and
Miscellaneous store retailers.
Convenience Store: A small free-standing building that sells groceries and other retail items and
may also sell cooked food for on- or off-site consumption.
Gasoline Service Station: Any building, land area or other premises, or portion thereof, used or
intended to be used for the retail dispensing or sale of automobile fuels, which activity may be
accompanied by accessory uses such as sales of lubricants, tires, accessories or supplies, minor
repairing of automobiles, recreational vehicles, boats or a single-bay auto wash; provided, however,
that automobile wrecking, major automobile repairing, parking or storing of vehicles for hire and the
operation of more than one towing vehicle shall not be deemed permissible accessory uses of a
gasoline service station.
Grocery: Any building where most of gross floor area is devoted to the sale food products for home
preparation and consumption, but may also offer prepared food for on- or off-site consumption, and
retail personal and household items.
Heating, Air Conditioning, Equipment Rental, Upholstery, Cleaning or Laundry Plant:
Free-standing buildings that generally have regular outside services, deliveries, may have outdoor
storage areas, and generally provide repair services that may generate noise, the discharge of odors
or fumes, and in general involve higher intensity activities.
Heavy Retail (Ancillary Outdoor Storage, Uses, and Sales): Retail and/or service activities
that are generally conducted indoors but may have an ancillary use, such as a garden center, where
limited outdoor operations, storage, and sales may occur).
Heavy Retail (Outdoor Storage, Uses, and Sales): Retail and/or service activities that have
regular outside service or outside storage areas, larger than average enclosed floor areas devoted to
commercial use, or partially enclosed structures, as listed below:
• Permanent retail operations located outside of enclosed buildings, except garden centers;
• Home centers;
• Lumber and other building materials;
• Lawn, garden equipment, and related supply stores;
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•
•
•
•
Recreational equipment rental where the equipment is stored outside;
Heavy truck or recreational vehicle leasing or sales;
Manufactured home sales; and
Industrial or construction equipment leasing or sales.
Home Furnishing and Appliances: Retail or service activities that are generally conducted
indoors. Appliance repair installation and repair services uses may be conducted.
Hotel, Motel, or Inn: A facility for residence, on a short-term basis, that provides simple dormitory
or sleeping rooms and common rooms for cooking, meeting, recreational, and educational use; that
is chartered and approved by the International Hostel Federation or its national or regional affiliates,
or similar organizations; and that is supervised by resident house parents or managers who direct
the guests' participation in the domestic duties and activities of the hostel.
Kennel: Any premise on which five or more dogs over 10 weeks of age are kept or housed for any
reason and for any length of time
Manufactured Home Park: A parcel, or contiguous parcels, of land upon which three or more
manufactured homes are placed on developed spaces and operated as a for-profit enterprise with
water, sewer, and electrical services available. A manufactured home park is not a recreational
vehicle park.
Marijuana, Cultivation: A marijuana cultivation business that grows and cultivates marijuana
plants for any purpose including medical, retail, or personal use.
Marijuana, Medical Dispensary: A commercial/retail facility that may grow and does provide
marijuana to, ill state certified medical marijuana patients.
Marijuana, Retail Establishment: Establishments licensed by the State of Colorado and
approved by the City of Cortez as a retail marijuana store, retail marijuana products manufacturer,
or retail marijuana testing facility.
A. Marijuana, Retail Store: an entity licensed to purchase marijuana from marijuana cultivation
facilities and marijuana and marijuana products from marijuana product manufacturing facilities
and to sell marijuana and marijuana products to consumers.
B. Marijuana, Retail Products Manufacturer: an entity licensed to purchase marijuana; manufacture,
prepare, and package marijuana products; and sell marijuana and marijuana products to other
marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.
C. Marijuana, Retail Testing Facility: an entity licensed to analyze and certify the safety and potency
of marijuana.
Mixed Use: Development in which a combination of residential and commercial uses, such as
residential uses as second story uses over ground level retail uses, or several classifications of
commercial uses, such as office and retail, or a business park, located on the same parcel proposed
for development.
Neighborhood Shopping Center: Retail establishments primarily serving residents within the
immediate neighborhood, oriented and designed toward pedestrian traffic such as bakeries, florists,
drugstores and stationary stores.
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Office, General: Uses in which professional, outpatient medical, or financial services are provided.
The term includes:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
Accounting, auditing and bookkeeping;
Advertising and graphic design;
Architectural, engineering, and surveying services;
Attorneys and court reporters;
Banks, mortgage companies; and financial services;
Call centers;
Computer programming;
Corporate headquarters;
Counseling services;
Data processing and word processing services;
Detective agencies;
Government offices;
Insurance;
Interior design;
Medical, dental, and chiropractic offices;
Real estate sales;
Research and development that does not include on-site manufacturing;
Retail catalog, internet, and telephone order processing, but not warehousing; and
Virtual office services.
Outdoor Retail/Equipment Rental: Establishments where equipment that is for sale, lease, or
rent is stored or displayed outdoors, and that generally have regular outside services, and deliveries.
Parking Lot, Garage: A structure designed to accommodate vehicular parking spaces that are fully
or partially enclosed or located on the deck surface of a building. The phrase includes free-standing
parking structures, deck parking, and parking pedestals under buildings.
Parking Lot, Surface Parking (Primary or Accessory Use): An area designated for off­ street
parking.
Pawnshop or Check Cashing: An establishment that regularly engages in the loaning of money
on deposit of personal property or deals in the possession of personal property on condition of selling
same back again to the pledger or loans or advances money on personal property by taking chattel
mortgage security thereon. Check cashing does not include a state or federally chartered bank or
similar lending institution.
Personal Services (spas, salons, dry cleaner, craft shop, travel bureau, and custom
personal services): Free standing buildings that generally offer indoor personal services.
Print Shop and Neighborhood Shipping/Mail: Free standing buildings that offers graphic
reproduction services and/or mail and shipping services for individuals or businesses.
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Recreational Vehicle: Any building, structure, or vehicle designed and/or used for living or
sleeping and/or recreational purposes and equipped with wheels to facilitate movement from place
to place, and automobiles when used for living or sleeping purposes and including pick-up coaches
(campers), motorized homes, boats, travel trailers, and camping trailers not meeting the
specifications required for a manufactured home.
Retail Nursery or Greenhouse: An enterprise that conducts the sale of plants grown off of the
premises. The terms also include, as an accessory use, the sale of a limited selection of items, such as
soil, planters, pruners, mulch, lawn or patio furniture, and garden accessories that are directly related
to the care and maintenance of landscapes and gardens.
Sexually Oriented Business/Entertainment: An adult arcade, adult bookstore, adult cabaret,
adult novelty store, adult video store, nude model studio, adult motel, adult motion picture theater,
or sexual encounter center, as set out in the Code of the City of Cortez, Article XIX, Chapter 4A , Adult
Entertainment Establishment.
Shopping Center; Regional Retail and Major Household Appliance Sales/Repair: Group
of commercial establishments planned, constructed, and managed as a total indoor entity with
integrated customer and employee parking and circulation on-site.
Vending Kiosk or Drive-Through ATM: Any unattended self-service devices that, upon the
insertion of coins, tokens, or consumer credit cards will dispense merchandise, banking services or
other things of value. A vending kiosk may be portable or permanently installed. A drive-through
ATM is also consider to be a "Commercial Drive-Through ".
Sec. 12.02.03 Commercial Use of the Home
Adult Day Care: A facility that provides care for the elderly and / or functionally impaired adults
in a protective setting for a portion of a 24-hour day.
Bed and Breakfast, Home: A lodging service that:
A. Provides overnight or short-term accommodations to guests or visitors, usually including
provision of breakfast;
B. Is located in a large single-family residential building that has been adapted for this use;
C. Is always owned and operated by the residential owner or resident manager of the structure;
D. Include no more than five sleeping rooms for guests; and
E. Accommodates each guest or visitor for no more than seven consecutive days during any one
month period.
Bed and Breakfast Inn:
A. Existing single-family structure or portion thereof, which was originally constructed for
residential purposes;
B. Contains not more than eight rooming units for accommodating, for compensation, persons
who are transients; and
C. Occupied by a full-time resident owner or resident manager.
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Boarding Home: A premises used by its owner or lessee for the purpose of letting rooms for rental
to three or more persons not related within the third degree of consanguinity to the owner or lessee
where supervision or assistance with activities of daily living is provided to such persons. A boarding
home does not include a facility, home, or program otherwise subject to licensure or regulation by
the Department of Human Services and Department of Public Health and Environment.
Caretaker or Guard, Accessory Residence: An on-site dwelling within a permitted principal
use where the person, or family, resides as a live-in property manager, security guard, or caretaker
for the principal use.
Child Care Facility: A family care facility licensed by the State Department of Human Services and
in compliance with state rules and regulations.
A. "Small home based facility" means one that serves six or less children in accordance with state
rules and is not required to limit hours of operation.
B. "Large home based facility" means a child care facility that serves 12 or fewer children in
accordance with state rules.
Elder Group Home: A single-family residence that is operated by a person who is providing room,
board, and personal care and may provide health-related services to three to five elders who are not
related to the person providing the service within the third degree of consanguinity or affinity, and
which is staffed by an on-site manager 24-hours per day, seven days per week.
Home Occupation: A business, profession, occupation, or trade conducted for gain or support
entirely within a residential building, or a structure accessory thereto, which is incidental and
secondary to the use of such building for dwelling purposes and which does not change the essential
residential character of such building.
Live-Work Unit: A building or portion of a building that combines a dwelling unit with an
integrated work space that is principally used by one or more of the residents of the dwelling unit.
The work space is secondary, or accessory, to the primary residential use.
Model Home and On-Site Real Estate Office: A dwelling unit temporarily used as a sales office
for on-site sale of individual units within the same residential subdivision or other residential project
that is under development.
Portable Storage Unit: An enclosed storage container that may be used to transport goods, but
may then be stationary on a single site for a period of time before or after transport. The use of a
shipping container, a pre-assembled storage structure, a portable on demand (POD) moving
container, or a truck container, with or without the chassis attached to it are examples of portable
storage units.
Temporary Dumpster: A large trash or recycling receptacle located on private property, outside
the public right-of-way, which is used to collect construction debris and other development related
materials for transport off-site.
Work-Live Unit: A building or portion of a building that is used as a workspace and a dwelling unit,
where the residential use of the space is secondary or accessory to the primary use as a place of work.
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Sec. 12.02.04 Dwelling Units
Accessory Dwelling Unit (ADU): A dwelling incorporated within the living area or detached from
the primary single-family residence on a parcel of land zoned for residential use. It will include
permanent provisions for living, sleeping, eating, cooking and sanitation.
Apartment: A building or suite of rooms, which provides housing for more than six dwelling units
that are rented or leased for occupancy.
Dwelling, Duplex: There are two types of duplexes:
a.
Standard (side-by-side) duplexes are those separated by a shared wall with no penetrations from
the ground to the roof, and each unit has a separate outside door.
b. Vertical (over-under) duplexes are those separated by a floor, in which case the individual units
may be accessed from an interior foyer with a staircase or the units may have separate front
doors at the street level.
Standard and Vertical Duplexes
Legend: 1. Minimum lot area; 2. Minimum lot width; 3. Front yard; 4, Interior side yard; 5. Street side yard; and 6 Rear yard.
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Standard and Vertical Duplexes
Single-family dwelling: A dwelling unit for one family that is located on a separate, privately
owned lot or tract with private yards on each side of the dwelling. Single-family dwellings may also
be located on condominium-owned property, surrounded by limited common elements for use by
residents of the single-family homes within the condominium development, which serve the same
purpose as a private yard.
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Single-Family Dwelling
Legend: 1. Minimum lot area; 2. Minimum lot width; 3. Front yard; 4, Interior side yard; 5. Street side yard; and 6 Rear yard.
Lot Line Home: A detached, single-family unit situated on one side lot line that orients outdoor
activity within rear or side yard patio areas for better use of the site for outdoor living space. There
are two types of lot-line homes:
A. Standard lot-line homes have a street-facing garage.
B. Patio lot-line homes have an alley-facing garage and a fenced or walled rear yard.
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Standard Lot Line Home
Legend: 1. Minimum lot area; 2. Minimum lot width; 3. Front yard; 4, Interior side yard; 5.Separation; 6. Street side yard; and 7 Rear yard.
Modular Home: Factory-built housing certified as meeting the State Building Code as applicable to
modular housing. Once certified by the State, modular homes are subject to the same codes and
regulations as conventional site-built homes.
Multiplex (3-6 Dwelling Units): A multiple family building type that has many attributes of a
townhome, only the building is designed to resemble a large single family home. The units within the
multiplex are not necessarily separated by a wall that extends from the foundation to the roof. Units
may have either private or shared access and may arranged in a variety of configurations, including
back-to-back, side-to-side, or over-under units. Multiplex buildings typically contain three to five
dwelling units per building.
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Multiplex
Legend: 1. Minimum lot area; 2. Minimum lot width; 3. Front yard; 4, Interior side yard; 5. Street side yard; and 6 Rear yard.
Townhome: A single family attached dwelling with three to no more than six units, with each single
unit extending from the ground to the roof and with each unit having individual outside access. There
are two types of townhomes, including:
• Standard townhomes, which are attached by common side walls with no penetrations from the
ground to the roof. These townhomes are constructed in groups of three to six units. Standard
townhomes are accessed from an alley or rear parking court.
• Weak-link townhomes, which have one-story and two-story sections along the front elevation,
and connect to each other in groups of three to six units. Weak-link townhomes may be
accessed from the street or from an alley or rear parking court.
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Standard and Weak-Link Townhomes
Standard Townhome
Legend: 1. Minimum lot area; 2. Minimum lot width; 3. Rear yard; 4, Interior side yard; 5. Street side yard; and 6 Front yard.
Weak-Link Townhome
Legend: 1. Minimum lot area; 2. Minimum lot width; 3. Rear yard; 4, Interior side yard; 5. Street side yard; and 6 Front yard.
Twin Home: A building designed as a single structure, containing two separate living on
individually platted lots, each of which is designed to be occupied as a separate permanent residence
for one family. Each unit is total separated from the other by an unpierced wall extending from the
ground to the roof.
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Manufactured Home: A factory-built single family structure, which is manufactured or
constructed under the authority of 42 U.S.C. Section 5403, National Manufactured Home Construction
and Safety Standards Act of 1974, and is to be used exclusively as a place for human habitation, but
which is not constructed with a permanent hitch or other device allowing it to be moved other than
for the purpose of moving the manufactured home to a permanent site, and which does not have
permanently attached to its body or frame any wheels or axles. A manufactured home is
transportable in one or more sections, which when erected on site, measures eight body feet or more
in width and 40 body feet or more in length or is 320 or more square feet in area. For the purpose of
these regulations, a manufactured home shall be built after June 15, 1976, and shall bear a seal
certifying that it is in compliance with the National Manufactured Home Construction and Safety
Standards Act of 1974.
Manufactured Home Park:
Definition #1: (Sec. 2.02) a tract of land designed or being used to accommodate two or more
manufactured homes, manufactured home sites, or other permitted dwelling units as defined in , for
dwelling or sleeping purposes, with lots available on a rental or lease basis.
Definition #2: (Sec. 7.050) a structure transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when connected
to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
Manufactured Home Subdivision:
Definition #1: (Sec. 2.02) a tract of land subdivided into lots, which are designed as sites for
manufactured or relocatable homes and which are served by separate utilities and dedicated streets
on a legally filed plat and are capable of being conveyed as separate lots.
Definition #2: (Sec. 7.050) a parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
Mobile Home: A structure that is similar in appearance to a Manufactured Home but was
constructed prior to June 15, 1976.
Mobile Home Park: A unified development of pads sites for lease or rent to allow the placement
of mobile homes.
Recreational Vehicle: A vehicular-type unit primarily designed as temporary living quarters for
recreational, camping, or travel use, which either has its own motive power or is mounted on or
drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper, and
motor home.
Recreational Vehicle Park: A plot of land upon which two or more recreational vehicle sites are
located, established, or maintained for occupancy by recreational vehicles of the general public as
temporary living quarters for recreation or vacation purposes.
Sec. 12.02.06 Education Uses
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College, University, or Vocational School: A community college, college, university, vocational,
technical or trade schools, language school, business school, training center, beauty school, culinary
school, and comparable advanced or continuing education facilities. The phrase does not include
fitness centers, sports instruction, swimming instruction, or martial arts instruction.
Pre-School, Home: A child care facility which provides care and programs designed to help
children to develop intellectual skills, social skills, and motor skills, and to extend their interest and
understanding of the world about them.
Public/Private/Religious Based School (Grades K-12): An institution that provides full-time
instruction for students from kindergarten to 12th grade.
Sec. 12.02.07 Health Care Uses
Assisted Living or Congregate Care: A residential facility that provides meals and assistance
with daily activities, such as dressing, grooming, and bathing, for the elderly or adults who are unable
to manage these activities themselves.
Essential Services: Infrastructure that is essential to the provision of a utility service to the
community, including but not limited to the transmission and distribution, of telephone, cable, and
fiber optic lines, electric, gas, water, sanitary sewer, drainage, substations, utility conduits, vaults, and
pipes, lift stations, and similar installation and equipment or accessories of a utility or governmental
service.
Hospital, Clinic, Medical Lab, or Urgent Care: A medical services facility, including hospitals,
medical laboratories, clinics, urgent care centers, general medical and surgical hospitals, specialty
hospitals and medical office buildings, where patients are examined and may include in-house
clinical laboratory services and x-ray facilities for surgery or obstetrical care or other definitive
medical treatment of similar extent. This shall include physician and dental offices, physical or
massage therapy but not be construed to mean central service facilities such as pharmacies, medical
laboratories, or other related uses. The term "hospitals" does not include alcoholism and drug
rehabilitation facilities.
Nursing Home: An establishment which provides full time convalescent or chronic care, or both,
for two or more individuals who are not related by blood or marriage to the operator and who, by
reason of advanced age, chronic illness or infirmity, are unable to care for themselves. No care for the
acutely ill or surgical or obstetrical services shall be provided in such an establishment; a hospital
shall not be construed to be included in this definition.
Office/Clinic, Medical or Dental: A use where medical, dental, psychiatric, psychological,
chiropractic, and other outpatient services are performed.
Respite Care Facility: A facility that provides services to not more than four persons at any single
time that has been issued a license by the Colorado Department of Human Services to provide
services to individuals whose tenancy would not constitute a threat to the health or safety of other
individuals within or outside of the facility, or whose tenancy would not result in substantial danger
to the lives or property of others.
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Sec. 12.02.08 Industrial Uses
Asphalt or Concrete Batching Plant, Permanent: A permanent light manufacturing facility
used for the production of asphalt or concrete, or asphalt or concrete products, used in building or
construction of a specific site or project, and includes facilities for the administration and
management of the business, the stockpiling of bulk materials used in the production process or of
finished products manufactured on the premises and the storage and maintenance of required
equipment, but does not include the retail sale of finished asphalt or concrete products.
Asphalt or Concrete Batching Plant, Temporary: A temporary light manufacturing facility
used for the production of asphalt or concrete, or asphalt or concrete products, used in building or
construction of a specific site or project, and includes facilities for the administration and
management of the business, the stockpiling of bulk materials used in the production process or of
finished products manufactured on the premises and the storage and maintenance of required
equipment, but does not include the retail sale of finished asphalt or concrete products.
Business Park: Any large tract of land that has been planned, developed, and operated as an
integrated facility for a number of separate buildings for a mix of land uses, and supporting ancillary
uses, with special attention paid to circulation, parking, utility needs, drainage, aesthetics and
compatibility between land uses.
Composting Facility: A site on which decomposition processes are used on solid waste, including
leaves, grass, manure, and non-meat food production wastes received from residential, commercial,
industrial non-hazardous, and community sources, but not including bio-solids) to produce compost.
Composting facilities do not include compost bins that are used to compost household waste and
landscaping waste on and for an individual residential lot.
Construction Services and Yards (Building Materials & Contractor Yards): Commercial
use that has extensive outdoor uses, sales, displays, material stockpiles, and similar large scale
intensive outdoor operations and contracting equipment, machinery, and other materials.
Construction Services and Yards (Temporary): Commercial use that has extensive outdoor
uses, sales, displays, material stockpiles, and similar large scale intensive outdoor operations and
contracting equipment, machinery, and other materials; on a temporary basis.
Extraction: The business enterprise of excavation and removal of stone, sand, gravel, soil, or similar
earthen materials from a site, whether the intent is to increase the utility and values of the site or to
use the materials for landfilling on another site.
Food Processing: The transformation of raw ingredients, by physical or chemical: into food, or of
food into other forms. The term includes the combination of raw food ingredients into a form that
can be prepared and used by a consumer. Food processing typically involves activities such as
mincing and macerating, liquefaction, emulsification, and cooking (such as boiling, broiling, frying, or
grilling); pickling, pasteurization, and many other kinds of preservation; and canning or other
packaging. Food processing does not include the harvesting, storage, or transportation of cultivated
agricultural products.
Heavy Industry:
A. Any use that is classified as a "high hazard" occupancy by the City; or
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B. Primary processing or manufacturing or repair operations not specifically defined elsewhere
in this Section, which involve:
a. An outside storage area that is larger than the area of the first floor of buildings on the
same lot;
b. A material risk of environmental contamination, explosion, or fire;
c. Perceptible ground vibration;
d. Excessive noise or dust;
e. Emission of objectionable odors; or
f. More than 12 trips by semi-trailer trucks per day; or
C. Processing of minerals (except precious and semi-precious stone cutting for jewelry or
precision instruments such as lasers or watches), ores, or fossil fuels; or
D. Industries that are required to undergo New Source Review under the Federal Clean Air Act,
or are subject to construction or operation permits pursuant to the Colorado Stationary
Sources Program or Title V of the Federal Clean Air Act.
E. For illustrative purposes, heavy industrial uses include, but are not limited to:
a. Coal cleaning plants with thermal dryers; coke oven batteries; carbon black plants
(furnace process); petroleum refineries; petroleum storage and transfer units; and
bulk fuel dealers;
b. Facilities used in the primary or secondary production of metals, such as primary zinc,
copper, or lead smelters; primary aluminum ore reduction plants; iron and steel mills;
sintering plants; secondary metal production plants; and blacksmith shops;
c. Portland cement plants, not including a temporary batch plant;
d. Sawmills and pulp mills;
e. Incinerators with the capacity to charge more than 250 tons of refuse per day;
f. Lime plants; phosphate rock processing plants; sulfur recovery plants; and
hydrofluoric, sulfuric, or nitric acid plants;
g. Fossil fuel combustion, such as boilers or electricity generation, totaling more than
250 million BTUs per hour of heat input;
h. Fabrication of building materials such as countertops, drywall, and cut stone;
i. Fabrication of vehicles, manufacturing equipment, durable goods, or pre-fabricated
homes or home components;
j. Drycleaner processing plants that use PERC or comparable petrochemical solvents;
k. Meat or seafood processing plants;
l. Manufacture of glass products (e.g., window panes, bottles and jars), except handblown products;
m. Manufacture of plastic products (except assembly of parts that are manufactured
elsewhere);
n. Plasma arc welding, cutting, gouging, surfacing, or spraying; gas welding (but not
brazing); arc welding with equipment that is rated at more than 200 amps; TIG
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welding; and other heavy welding procedures, such as for structural steel, automotive
body, or heavy equipment manufacture or repair;
o. Hot mix asphalt plants; and
p. Fossil fuel power plants, waste-to-energy plants, and biomass plants that produce
more than 100 megawatts of electricity.
Heliport or Helistop: An area of land or water or a structural surface which is used for the landing
and takeoff of helicopters, and any appurtenant areas which are used for fueling, maintenance,
repairs, storage, buildings, and other heliport facilities.
Landfill: An area of land or an excavation in which wastes are placed for permanent disposal. For
the purposes of this Code, the word "Landfill" does not include clean debris, e.g., dirt, trees, rocks, etc.
Light Industry, Business Park, Flex Commercial/Industrial Use:
A. Industrial and wholesale uses that are relatively small in scale that have limited outside
storage and limited environmental impacts or risks, as follows:
a. The use is conducted in buildings that have:
a. A ground floor area of less than 80,000 square feet; or
b. Outside storage that occupies less than 15,000 square feet; or
c. A height of less than 45 feet; and
b.
c.
The use is one of the following:
a. Assembly of products, instruments, electronics, office and computing machines,
and fixtures from pre-manufactured components;
b. Auto or marine body, paint, or upholstery services;
c. Building, development, and general contracting;
d. Communications facilities, except wireless telecommunications facilities;
e. Food production other than restaurants and micro-breweries;
f. Furniture making or refinishing;
g. Manufacture of textiles and apparel;
h. Printing and publishing, except copy centers;
i. Special trade contractors, excluding outside storage of any equipment that is more
than 12 feet in height; and
j. Wholesale trade, durable and non-durable, except farm products and combustible
or hazardous materials; and
Uses that have involve outside storage of heavy vehicles, and limited environmental
impacts or risks, as follows:
a. Truck rental or heavy equipment rental;
b. Truck, recreational vehicle, and manufactured home sales; and
c. Transportation services; and
d. Heavy industrial uses that are small in scale and involve limited environmental
impacts or risks, including:
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a.
High-tech heavy industry that meets the following criteria:
A. The use occupies less than 20,000 square feet; and
B. Receives and ships via parcel courier service, not semi-trailers;
b. Any heavy industrial use that meets the following criteria:
A. The use occupies less than 20,000 square feet of a masonry building;
B. The use has no outside storage or processing; and
C. Receives and ships via parcel courier service, not semi-trailers; and
c. Mini-warehouses with outside storage; and
d. Regional utility substations or distribution stations that are located on sites that
are at least two acres in area.
Manufacturing and Fabrication: An establishment engaged in the basic fabrication, processing
and manufacturing and transformation of chemicals and substances predominately from extracted
or raw materials, and blending component parts and liquids into the creation and transformation
into a new product.
Manufacturing, Wood Products: An establishment engaged in the basic processing and
manufacturing of materials or products predominately from raw wood materials. These uses may be
further subdivided into "light manufacturing" which includes small-scale production of cabinets, lath,
grade stakes, furniture, wood art, and moulding; and "heavy manufacturing" which includes such
uses as prefabricated wall components, lumber mills, and log home manufacturing.
Outdoor Storage Sales: An operation stores, displays, and sells products in the outdoors.
Outdoor Storage Yard, Hauling: An outdoor area in which items that are used for commercial or
construction activities, such as portable or mechanized equipment, building materials,
manufacturing inputs, or merchandise and are stored for a period of 48 or more consecutive hours
and involve the frequent transportation, or hauling of materials that are dumped on-site for storage
or are collected on-site and hauled to other locations for use or disposition.
Recycling Processing and Collection: A facility or land use, regardless of name or title, at which
recoverable resources, such as newspapers, magazines, glass, metal, plastic materials, tires, grass and
leaves, and similar items, except hazardous waste and medical waste are collected, cleaned, sorted,
stored, flattened, shredded, dismantled, crushed, bundled, or separated by size, grade, quality, or
type, and compacted, baled, or packaged for shipment or delivery for the eventual manufacture of
new products.
Research, Testing Lab, or Product Development: A business that engages i n research, or
research and development, of innovative ideas in technology intensive fields. Examples include
computer software, information technology, communications systems transportation, and multi­
media.
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Salvage Facility and Yard: A yard, lot or place, covered or uncovered, outdoors or in an enclosed
building, containing salvage or junk, upon which occurs one or more acts of buying, storage,
dismantling, processing, recycling, selling, or offering for sale any such salvage, in while units or by
parts, for a business or a commercial purpose, whether or not the proceeds from such act or acts are
to be used for charity. The City of Cortez generally considers that the wrecking yards used for the
dismantling of cars and other equipment, junk yards, or salvage yards to constitute a public nuisance,
and will only be considered by the community as a Conditional Use when applicant can demonstrate
that such a facility can be operated in a manner that would constitute a nuisance.
Self-Storage Facility, Interior Access: A structure containing separate storage spaces, which
may be of various sizes, leased or rented on an individual basis, with all units being accessible from
within the facility, with no access to outdoor roll up doors or storage lockers.
Self-Storage Facility, Exterior Access: A structure containing separate storage spaces, which
may be of various sizes, leased or rented on an individual basis which may have interior and/or
exterior access.
Storage of Flammable or Noxious Materials or Substances: A use engaged in storage or a
manufacturing process that utilizes flammable or explosive materials that involve hazardous or
commonly recognized offensive conditions. Typical uses include, but are not limited to, chemical
manufacturing and warehousing, dry ice manufacturing, fat rendering plants, fertilizer
manufacturing, fireworks and explosives manufacturing and warehousing, petroleum refineries,
pulp processing and paper products manufacturing, radioactive materials manufacture or use, steel
works, slaughter houses, and tanneries.
Temporary Sales Trailer: A stick-built or modular building that is used as an administrative office
for construction related activities occurring on the same lot under an active building permit.
Truck Stop: An establishment that is engaged primarily in the fueling, servicing, repair, or parking
of tractor trucks or similar heavy commercial vehicles, and which may include the sale of accessories
and equipment for such vehicles.
Warehousing/Distribution, including Truck Freight Terminals & Hauling: A facility
where goods are received from heavy trucks and then stored for subsequent delivery to off-site
wholesalers, retailers, or consumers.
Waste Transfer Station: The use of land or a facility, regardless of name or title, to unload solid
waste from vehicles, and, with or without intermediate processing such as compaction, sorting, or
shredding, subsequently re-load the waste onto other vehicles for delivery to another transfer site,
storage site, or disposal site. In addition to transferring solid waste, a waste transfer station may also
include facilities for drop-off of recyclable materials (e.g., waste paper, motor oil, scrap metal,
polystyrene foam, porcelain, batteries, electronic components, textiles, plastics, discarded shoes,
cardboard, and other discarded household materials), where the materials are sorted, temporarily
stored, and then shipped in bulk to other locations for processing.
Sec. 12.02.09 Institutional Uses
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Airport: Any area of land or water designed and set aside for the landing and take-off of aircraft and
utilized, or to be utilized, in the interest of the public for such purposes. The term does not include
heliport.
Bus or Taxi Depot/Station: Any central location or premises for the transient housing or parking
of motor driven buses or automobiles for the purposes of loading, unloading, and transporting
passengers.
Cemetery: Land used or dedicated for the burial of the dead.
Child Care Center (Commercial): A non-home based facility licensed by the State Department
of Human Services in compliance with state rules and regulations that provides child care or
preschool services.
Charitable Institution: Means a nonprofit organization that is supported primarily by charity and
whose primary function is the performance of charitable works or religious activities.
Community Center: A place to be used as a place of meeting, recreation, or social activity.
Crematory: A location containing a properly installed and licensed, certified apparatus intended
for the use of cremation.
Funeral Home, Chapel, or Mortuary: A building used primarily for human funeral services. Such
building may contain space and facilities for embalming, preparation of the dead for burial, casket
storage, and undertaking services.
Government Office Facilities: Government owned and operated institutions or facilities
including but not limited to a library, museum, park, playground, recreational center, jail or
correctional facility, police, fire or utility facilities.
Government Facilities (Outdoor Operations): A location owned, operated, or occupied by a
governmental agency that functions as a service yard that may have outdoor operations, outdoor
storage of materials and equipment, to provide governmental services to the public.
Library: A building or structure owned, operated, or occupied by a governmental agency, school, or
charitable organization to provide literary, musical, artistic, and reference materials to the public.
Place of Assembly: An indoor place where people gather for civic or cultural purposes. The phrase
"place of assembly" includes place of worship, meeting hall, lecture hall, fraternal organization,
community center, or private club. The phrase "place of assembly" does not include the phrase
"indoor recreation" or "indoor commercial amusement."
Private Club: A building in which members of a community or association may gather for social,
educational, or cultural activities.
Public Safety Facility (Police & Fire Station): A building or structure owned, operated, or
occupied by a governmental agency to provide public safety and emergency protection services to
the public.
Sec. 12.02.10 Recreation and Amusement Uses
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Common Area and Neighborhood Association Recreation: Any portion of a development
that is set aside for the common use of the persons who reside in the development. Facilities may
include open space, sidewalks, play grounds, and swimming pools. All facilities are maintained by a
private Homeowner Association.
Driving Range: A facility equipped with distance markers clubs, balls and other facilities, including
dining and retail uses, for person practicing golf.
Indoor Arena or Theater: A building with tiers of seats for spectators used for sporting,
performances, lectures, or other recreational or cultural events.
Indoor Commercial Amusement: Uses that provide commercial amusement indoors, except
Adult Entertain Establishments, as defined herein, including, but not limited to:
A.
B.
C.
D.
E.
Movie theaters;
Bowling alleys and a billiard rooms;
Video arcades;
Local area network computer gaming centers; and
Internet cafes.
The phrase "Indoor Commercial Amusement" does not include the phrase "Stadium or Arena," "Place
of Assembly," nor the phrase "Indoor Recreation," nor does it include video arcades that are
accessory to restaurants. The phrase "Indoor Commercial Amusement" is subsumed by the phrases
"Fairgrounds," "Amusement Park," or "Destination Hotel" when such facilities include indoor
commercial amusement activities.
Indoor Recreation or Personal Fitness: Uses that provide recreation opportunities indoors for
the public or residents of a subdivision or development, which are not commercial in nature.
Specifically excluded from the definition are health and exercise clubs and commercial amusement
uses. This phrase includes:
A.
B.
C.
D.
Community recreation centers;
Gymnasiums;
Indoor swimming pools; or
Tennis, racquetball, or handball courts.
Indoor Shooting Range: A building specially designed for the safe discharge and use of rifles,
shotguns, pistols and other firearms for the purpose of sports shooting or military/law enforcement
training.
Outdoor Arena, Stadium or Theater: An open air facility or building with tiers of seats for
spectators used for sporting, performances, lectures, or other recreational or cultural events.
Outdoor Circus, Carnival, Exhibition, or Show: A temporary outdoor use that may have
seating for spectators used for carnivals, exhibitions, or other cultural events.
Outdoor Commercial Amusement: Uses that provide commercial amusement outdoors, except
for Adult Entertainment Establishments, as defined herein, including, but not limited to:
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A.
B.
C.
D.
E.
F.
Amusement parks or theme parks;
Fairgrounds;
Miniature golf establishments;
Golf driving ranges;
Water slides; and
Batting cages.
Outdoor Recreation (Athletic Fields/Facilities): Public or private parks, golf courses,
swimming pools, ball fields, tennis courts, and other such uses providing recreational opportunities
for a neighborhood or the community at-large.
Outdoor Shooting Range: A specially designed outdoor space for the safe discharge and use of
rifles, shotguns, pistols and other firearms and archery equipment for the purpose of sports shooting
or military/law enforcement training.
Sec. 12.02.11 Restaurant Uses
Mobile Food Vendor: A retail food establishment that is not intended to be permanent and is a
motorized wheeled vehicle or trailer attached to a motor vehicle designed and equipped to serve food
and beverages, operating in either a static or transitory location.
Restaurant, Drive-In or Drive-Through: A restaurant located either within a retail center, or
situated as a stand-alone facility, which:
A. Contains a drive-in or drive-through facility;
B. Primarily serves food that is prepared and packaged within five minutes; and
C. Customarily serves food in disposable containers.
Restaurant, No Drive-In or Drive-Through: An establishment that serves prepared meals to
customers for consumption on-site or off-site, but does not include drive-in or drive-through facilities
(but may include designated parking spaces for "curbside pickup" of food ordered in advance if the
curbside pickup is a clearly subordinate function to the restaurant's operations), and includes:
A. Full-service restaurants;
B. Limited-service eating facilities; and
C. Special food services.
Group Homes, Type A: To a group home serving no more than eight individuals, subject to the
licensing and permitting requirements of the Colorado Department of Human Services and the
Colorado Department of Health and Environment. Type A group homes provide residential, noninstitutional housing for a group of related or unrelated individuals, where physical assistance
and/or other supportive services are provided by professional support persons at least one of whom
lives in the home.
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Group Home, Type B: A group home that does not meet the definition of a Type A group home
whose residents are not handicapped or protected under Federal or State fair housing or equal
opportunity legislation. Type B Group Homes include any Type A Group Homes that exceed eight
residents,
Family Foster Care: A child, or children, not related to the head of the household or a relative of a
licensed foster care home, for regular 24-hour care, as designated by the State of Colorado
Department of Human Services.
Hostel: A facility for residence, on short-term basis, that provides simple dormitory or sleeping
rooms and common rooms for cooking, meeting, recreational, and educational use; that is
characterized and approved by the International Hostel Federation or its national or regional
affiliates, or similar organizations; and that is supervised by resident house parents or managers who
direct the guests' participation in the domestic duties and activities of the hostel.
Protective Care: A facility that provides custodial care and treatment in a protective living
environment for persons residing voluntarily or by court placement including, without limitation,
correctional and post-correctional facilities, juvenile detention facilities, halfway houses, and
temporary custody facilities. Protective care also includes uses that would be classified as
institutional residential if they involve treatment for sexual offenders or people with a known
tendency to commit acts of violence.
Shelter (Transitional Services): A facility that provides custodial care and treatment in a
protective living environment for persons residing voluntarily or by court placement including,
without limitation, correctional and post-correctional facilities, juvenile detention facilities, halfway
houses, and temporary custody facilities. Transitional services may be authorized and licensed to
house individuals other than handicapped persons, deemed by the agency to be capable of living and
in the community, being cared for by the agency and receiving continuous professional guidance.
Sec. 12.02.13 Telecommunication Uses
Broadcast Center: An establishment containing one or more broadcast studio for over-the-air.
Cable, or satellite delivery of radio or television programs.
Telecommunication Facilities, Building Mounted: Radio or television broadcasting towers,
telecommunications towers, and antenna arrays mounted onto a building.
Wireless
Telecommunication
Tower:
Radio or television broadcasting towers,
telecommunications towers, and antenna arrays. The phrase does not include residential satellite
dishes, TV or HDTV antennae, or amateur radio antennae.
Sec. 12.02.14 Utility Uses
Electrical Substation: A part of an electrical generation, transmission, and distribution system in
which:
A. Voltage is transformed from high to low, or the reverse;
B. The type of current is changed;
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C. Current is gathered from distributed power generation facilities, such as wind turbines or
photovoltaic panels;
D. Current is switched to back-up lines; or
E. Circuits are parallelized in case of failure.
Power or Solid Waste Recovery Plant: Any facility that is engaged in the recovery of energy or
power from solid waste, biomass, or other technologies.
Water or Wastewater Treatment Plant: A facility, or group of facilities, used for the treatment
of industrial or domestic wastewater for sewer systems and for the reduction and handling of solids
and gases removed from such wastes; and facilities used for the storage and distribution of potable
and gray water to customers.
Wind Energy System, Small: A wind energy conversion system consisting of a wind turbine, a
tower, and associated control or conversion electronics, which has a rated capacity of not more than
100 kilowatts (kW) and which is intended to primarily reduce on-site consumption of utility-supplied
electricity.
SUBCHAPTER 12.03 GENERAL DEFINITIONS
A
Accessory Use Structure: A use or structure naturally and normally incidental to, subordinate to,
and devoted primarily to the principal use or structure of the premises
Addition: Any activity that expands the enclosed footprint or increases the square footage of an
existing structure.
Alluvial fan flooding: A fan-shaped sediment deposit formed by a stream that flows from a steep
mountain valley or gorge onto a plain or the junction of a tributary stream with the main stream.
Alluvial fans contain active stream channels and boulder bars, and recently abandoned channels.
Alluvial fans are predominantly formed by alluvial deposits and are modified by infrequent sheet
flood, channel avulsions and other stream processes.
Antenna: Any structure or devise used for the purpose of collecting or transmitting electromagnetic
waves including but not limited to directional antennas, such as panels, microwave dishes, and
satellite dishes, and omni-directional antennas, such as whip antennas
Applicant: A person who submits an application for development to a local government
Application for Development: An application for a preliminary or final plat for a subdivision, a
planned unit development, or any other similar land use designation that is used by a local
government. "Application for development" includes applications for zoning, rezoning, general
development plans, and special use permits where such applications are in anticipation of new
surface development, but does not include building permit applications
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Application for a Site Specific Development Plan: A substantially complete application for
approval of a site specific development plan that has been submitted to the City in compliance with
applicable requirements of this LUC. If review and approval of the site specific development plan
occurs in multiple stages, “application” means the original application at the first stage in the process
that may culminate in the ultimate approval of a site specific development plan.
Area of Shallow Flooding: A designated zone AO or AH on a community's flood insurance rate
map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of
one to three feet where a clearly defined channel does not exist, where the path of flooding is
unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or
sheet flow.
B
Background Traffic: Existing traffic not created or associated with traffic generated by the
development.
Bale and Pallet Storage: A collection area used for the storage of large bundles of goods that
typically closely pressed, packaged, and baled together for disposal with portable platforms (pallets)
used for the handling, storing, or moving materials and packages.
Base Flood Elevation (BFE): The elevation shown on a FEMA flood insurance rate map for zones
AE, AH, AI-MO, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the
water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding
that level in any given year.
Basement: Any area of a building having its floor sub-grade, below ground level, on all sides.
Block: An area enclosed by streets and occupied by or intended for buildings; or if such word is used
as a term of measurement, it shall mean the distance along a side of a street between the nearest two
streets that intersect such street
Building Envelope: That area on a lot that encompasses all development, including but not limited
to, excavation, fill, grading, structures, building height, decks, roof overhangs, porches, driveways,
access ways and parking. Approved planting, bufferyard elements, walkways, and driveways are
permitted outside a building envelope.
Building Height: The vertical distance as measured from the average finished grade of the building
line to the highest peak of the roof
Building Inspector: The official designated by the Building Official or Fire Marshal to enforce the
provisions of the City building codes
Building Line: A line parallel or approximately parallel to the street line at a specified distance
therefrom establishing the minimum distance from the street line that a building may be erected
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Building Official: The official charged with the responsibility of issuing permits and enforcing on
behalf of the City and enforcing all adopted city construction codes, or building requirements adopted
by the City, and LUC, where specified herein.
Building Permit: A permit issued by the Building Official, after approval of a Zoning Development
Permit, that allows an applicant to erect, construct, reconstruct, grade, excavate for a foundation,
alter or change the use of a building or other structure or improvements of land.
Building Setback: An imaginary line extending across the full width or side of a lot, parallel with
the street right-of-way line or the property line and outside of which no building shall be constructed.
Building: Any structure built for the support, shelter and enclosure of persons, animals, chattels or
movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire,
each portion so subdivided may be deemed a separate building. "Building" includes yurts, removable
sheds, and similar structures.
C
Certificate of Occupancy: An official certificate issued by the Building Official that indicates
conformance with or approved conditional waive, or a temporary deferral, from the LUC or an
applicable building code requirement for a specified period of time, and authorizes the legal use of
the premises for which it is issued.
Channel: The physical confine of stream or waterway consisting of a bed and stream banks, existing
in a variety of geometries.
Channelization: The artificial creation, enlargement or realignment of a stream channel.
Character: The general density, height, coverage, setback, massing, fenestration, materials and
scale of materials of an area.
City: The City of Cortez, Colorado
City Council: The governing and legislative body of the City of Cortez.
City Manager: The Chief Administrative officer of the City.
City Planner: Is the administrative officer designated by the City Manager charged with the
responsibilities of planning, leading, analyzing, preparing, negotiating, and commenting on the
process of development applications and presenting staff review of applications to decision making
boards. The City Planner is responsible for the daily administration of the Land Use Code and
Comprehensive Plan and leads and participates in complex current to long range planning
assignments. The City Planner, or their designee, is also known as the Zoning Administrator.
Code of Federal Regulations: The codification of the general and permanent Rules published in
the Federal Register by the executive departments and agencies of the federal government.
Cold Frame: An unheated outdoor structure consisting of a wooden or concrete frame and a top of
glass or clear plastic, used for protecting seedlings and plants from the cold.
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Commercial Development: Includes, but is not limited to: expansion or construction of office,
retail, wholesale, warehouse, manufacture, commercial recreation, restaurant, or service commercial
operations by the addition of square footage
Commercial Wireless Telecommunications Services: Licensed commercial wireless
telecommunication services including cellular, personal communication services ("PCS"), specialized
mobilized radio ("SMR"), enhanced specialized mobilized radio ("ESMR"), paging, and similar
services that are marketed to the general public.
Commissioners: The Board of County Commissioners of Montezuma County, Colorado
Common Element: A condominium or cooperative, all portions of the condominium other than the
units.
Common Interest Community: Real estate described in a declaration with respect to which a
person by virtue of such person's ownership of a unit, is obligated to pay for real estate taxes,
insurance premiums, maintenance, or improvements of other real estate described in a declaration.
"Ownership" does not include a leasehold interest of less than forty years, including renewal options,
as measured from the commencement date of the initial term.
Common Open Space: A parcel of usable land, area of water, or a combination of land and water
within the site designated for a planned unit development designated and intended primarily for the
use or enjoyment of residents, occupants and owners of the planned unit development. "Common
open space" may include, but is not limited to, areas devoted to recreation, courts, gardens, parks and
walkways. The term shall not include space devoted to streets, parking and loading areas.
Community: Any political subdivision in the state of Colorado that has authority to adopt and
enforce floodplain management regulations through zoning, including, but not limited to, cities,
towns, unincorporated areas in the counties, Indian tribes and drainage and flood control districts.
Community Center: A building and grounds owned and operated by a governmental body or
homeowners' association, for the social, recreational health or welfare of the community served
Compatible: Consistent with, harmonious with, similar to and/or enhancing the mixture of uses,
siting and/or complimentary architectural styles, either of an individual structure or the character of
the surrounding structures
Comprehensive Plan: The Comprehensive Plan of the City and adjoining Extraterritorial Area
adopted by the Planning and Zoning Commission and City Council, including all of its revisions and
amendments. The plan indicates the general locations recommended for various land uses,
transportation routes, public and private buildings, streets, parks and other public and private
developments and improvements
Conditional Letter of Map Revision (CLOMR): FEMA's comment on a proposed project, which
does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or
hydraulic characteristics of a flooding source and thus result in the modification of the existing
regulatory floodplain.
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Condominium: A common interest community in which portions of the real estate are designated
for separate ownership and the remainder of which is designated for common ownership solely by
the owners of the separate ownership portions.
A. Condominium, Attached. a residential dwelling unit in a structure containing two or more such
units, the living spaces of which are individually owned; the balance of the property (both land
and building) is owned either in common by the owners of the individual units or by an
association consisting of such owners.
B. Condominium, Detached. one of at least two individually owned, unconnected residential
dwelling units located on property owned either in common by the owners of such units or by an
association consisting of such owners.
Connector: A party seeking to connect to the city infrastructure and who benefits from the
infrastructure constructed by an initial developer that is eligible for the fair share reimbursement
procedure established by the city.
Cooperative: A common interest community in which the real property is owned by an association,
each member of which is entitled by virtue of such member's ownership interest in the association
an exclusive possession of a unit.
Constructive Notice: Notice that shall be deemed given as a result of actual notice or any action
by the City recorded in the public record maintained by the County Clerk.
Council: The City Council of the City.
Coverage Ratio: The footprint of all buildings (area within the exterior walls) on a parcel or lot as
a percentage of the total area of the parcel or lot.
Critical Facility: A structure or related infrastructure, but not the land on which it is situated that
if flooded may result in significant hazards to public health and safety or interrupt essential services
and operations for the community at any time before, during and after a flood. The terms critical
facility and essential service are synonymous. See .
Cut Area: Any area where the existing grade is lowered.
Cutoff: The point at which all light rays emitted by a lamp, light source or luminaire is completely
eliminated (cutoff) at a specific angle above the ground.
Cutoff Angle: The maximum angle formed by a line drawn in the direction of emitted light rays at
the light source and a line perpendicular to the ground from the light source.
D
Density: The maximum number of dwelling units per gross acre of land permitted in a zone district
Developer: Any public or private person, partnership, association or agency that prepares raw land
for the construction of buildings or causes to be built physical building space for use primarily by
others, during which preparation of the land or the creation of the building space is in itself a business
and is not incidental to another business or activity.
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Development Permit: See "Zoning Development Permit."
Development:
Definition #1: (Sec. 2.2): the physical extension and/or construction of urban land uses. Development
activities include: subdivision of land; change in the intensity of use of land; construction,
reconstruction, demolition or partial demolition or alteration of buildings, roads, utilities, and other
facilities; commencement of drilling (except for a well or to obtain soil samples), mining, or
excavation; installation of septic systems; grading; deposit of refuse, debris, or fill materials; and
clearing of natural vegetation cover.
Definition #2: (Chapter 7): any man-made change in improved and unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials.
DFIRM Database: A database, containing data and analysis that accompanies the Digital Flood
Insurance Rate Map (DFIRM).
Digital Flood Insurance Rate Map (DFIRM): FEMA digital floodplain map that serve as
"regulatory floodplain maps" for insurance and floodplain management purposes.
Director of Parks and Recreation: The city staff member designated by the City Manager to
direct the Cortez Parks and Recreation Department.
District: A section of the city for which the regulations governing the height, area or use of the land
and buildings are uniform.
Drainage/Storm Water Infrastructure: Includes, but is not limited to, storm water collection
system pipelines, inlets, box culverts, combination box culvert and pedestrian underpass, regional
detention ponds, improved open channel conveyances and other appurtenances designed and
constructed by the initial developer which are off site and, in the judgment of the city engineer, are
improvements that a connector would have been required to construct at the time of development
of connector's property.
Dumpster: A large trash receptacle designed to be hoisted and emptied into a truck.
E
Elevated Building: A term used in in floodplain administration to designate a non-basement
building that is built flood zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the
elevated floor above the ground level by means of pilings, columns (posts and piers), or shear walls
parallel to the flow of the water, is adequately anchored so as not to impair the structural integrity of
the building during a flood of up to the magnitude of the base flood. In the case of zones A1-30, AE, A,
A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or
solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of
flood waters.
Encroachment: The authorized or unauthorized placement of a building or part of a building upon
the land or easement of another or a public right-of-way.
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Engineer: A person duly authorized under applicable provisions of Colorado Revised Statutes to
practice the profession of engineering.
Essential Services: The development or maintenance of public utilities or city-approved
underground, surface or overhead gas, electrical, telephone, steam, fuel or water transmission or
distribution systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables,
fire alarm and police call boxes, traffic signals, hydrants and similar equipment, and sewage pump
stations. The terms essential services and critical services are synonymous.
Excavation: The formation of a cavity formed by cutting, digging or scooping earth.
Existing Manufactured Home Park or Subdivision: Is a term used in the administration of
flood hazard regulations to designate a manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed,
including, at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads, that was created or is completed before the effective date of
the floodplain management regulations adopted by Cortez.
Expansion to an Existing Manufactured Home Park or Subdivision: Is a term used in the
administration of flood hazard regulations to designate the preparation of additional sites by the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed,
including the installation of utilities, the construction of streets or access ways, and either final site
grading or the pouring of concrete pads.
F
Face Block: The portion of a neighborhood block that faces the same street.
Family: Two or more persons related by blood or marriage, or between whom there is a legally
recognized relationship, or not more than four unrelated persons occupying the same dwelling unit.
Federal Emergency Management Agency (FEMA): The agency responsible for administering
the National Flood Insurance Program.
Federal Register: The official daily publication for rules, proposed rules, and notices of federal
agencies and organizations, as well as executive orders and other presidential documents.
Fence: Any structure intended for the use of confinement, prevention of intrusion, boundary
identification, or screening of an activity.
Finished Grade: Means the elevation of the ground surface, following development, next to the
completed walls of a structure, prior to placement of any fill material.
Flood: A general and temporary condition of partial or complete inundation of normally dry land
areas from:
A. The overflow of water from channels and reservoir spillways;
B. The unusual and rapid accumulation or runoff of surface waters from any source; or
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C. Mudslides or mud flows that occur from excess surface water that is combined with mud or other
debris that is sufficiently fluid so as to flow over the surface of normally dry land areas, such as
earth carried by a current of water and deposited along the path of the current.
Flood Control Structure: A physical structure designed and built expressly or partially for the
purpose of reducing, redirecting, or guiding flood flows along a particular waterway. These
specialized flood modifying works are those constructed in conformance with sound engineering
standards.
Flood Insurance Rate Map (FIRM): An official map of the community on which the Federal
Emergency Management Agency has delineated both the special flood hazard areas and the risk
premium zones applicable to Cortez.
Flood Insurance Study (FIS): The official report provided by the Federal Emergency
Management Agency that contains the flood insurance rate map and flood profiles for studied
flooding sources that can be used to determine base flood elevations.
Flood, 100-year: A flood having a recurrence interval that has a one-percent chance of being
equaled or exceeded during any given year (one-percent-annual-chance flood). The terms "one
hundred-year flood" and "one percent chance flood" are synonymous with the term "100-year flood."
The term does not imply that the flood will necessarily happen once every 100 years.
Flood, 500-Year: A flood having a recurrence interval that has a 0.05-percent chance of being
equaled or exceeded during any given year (0.05-percent-annual-chance flood). The terms "five
hundred-year flood" and "0.05 percent chance flood" are synonymous with the term "500-year
flood." The term does not imply that the flood will necessarily happen once every 500 years.
Floodplain or Flood-Prone Area: Any land area susceptible to being inundated as the result of a
flood, including the area of land over which floodwater would flow from the spillway of a reservoir.
Floodplain Administrator: The community official designated by the City Manager to administer
and enforce the floodplain management regulations of the LUC.
Floodplain Development Permit: A permit required before construction or development begins
within any special flood hazard area (SFHA). If FEMA has not defined the SFHA within Cortez, Cortez
will require permits for all proposed construction or other development in the community including
the placement of manufactured homes, so that it may determine whether such construction or other
development is proposed within flood-prone areas. Permits are required to ensure that proposed
development projects meet the requirements of the National Flood Insurance Program (NFIP) and
the floodplain management requirements of the LUC.
Floodplain management: The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans,
flood control works and floodplain management regulations.
Floodplain management regulations: Zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading
ordinance and erosion control ordinance) and other applications of police power. The term describes
such state or local regulations, in any combination thereof, which provide standards for the purpose
of flood damage prevention and reduction.
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Floodway: The channel of a river or other watercourse and adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height. The Colorado statewide standard for the designated height
to be used for all newly studied reaches shall be one-half foot (six inches). Letters of map revision to
existing floodway delineation (LOMR) may continue to use the floodway criteria in place at the time
of the existing floodway delineation.
Freeboard: The vertical distance in feet above a predicted water surface elevation intended to
provide a margin of safety to compensate for unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood such as debris blockage of bridge openings
and the increased runoff due to urbanization of the watershed.
Floor area: The total square feet of floor space within the outside dimensions of a building including
each floor level, but excluding cellars, carports or garages.
Foot-candle: A unit of illumination produced on a surface, all points of which are one foot from a
uniform point source of one-candle.
Full Cutoff-Type Luminaire: A luminaire constructed or shielded to direct all light at a cutoff
angle of less than 90 degrees (also referred to as a Horizon Limited Luminaire).
G
Glare: Direct light emitted from a light source which causes eye discomfort.
Gross acreage: The total acreage of a project or subdivision including all land for building sites,
interior public right-of-way and any new public or private open space. A gross acre is forty-three
thousand five hundred sixty (43,560) square feet in area. Public right-of-way on the perimeter of a
project or subdivision is not part of the gross acre.
H
Height: The vertical distance as measured from the average finished grade of the building line to the
highest peak of the roof.
Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
Historic structure: Any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
B. Certified or preliminary determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by
the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or
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D. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
1. By an approved state program as determined by the Secretary of the Interior; or
2. Directly by the Secretary of the Interior in states without approved programs.
Home garden: Property used for the cultivation of fruits, vegetables, plants, flowers, or herbs by
the residents of the property, guests of the property owners, or a gardening business hired by the
property owner.
Hoophouse: A temporary or permanent structure typically made of, but not limited to, piping or
other material covered with translucent plastic, constructed in a "half-round" or "hoop" shape, for
the purpose of growing plants.
Hydric: A habitat that has or requires abundant moisture; also an organism or group of organisms
occupying such a habitat.
I
Illegal Nonconforming Use: A use or structure that did not exist prior to the date of adoption of
the LUC, and was created without the required approval of the City or Montezuma County or created
in violation of the applicable codes in effect at the time the use or structure was established.
In-Fill Development: Building on a vacant site, or underutilized parcel of land, or redevelopment
within the established urban area of the City rather than on the outskirts or edge of the City in order
to promote more efficient use of existing infrastructure and full development of the entire City.
Initial Developer: The party constructing or contracting for construction of infrastructure
required by the city to provide service to a development.
Integrated: To combine things into a form so that they appear to become a whole. Where used
architecturally, integrated requires screening elements to be adapted into the design of the building
so that they are adapted into the design to create unified (whole) building design. When used in
conjunction with site development, integrated: that parking, circulation, landscaping, and other site
elements are coordinated so that an entire development functions as a whole.
Improvement: The addition of street, curb and gutter, sidewalk, storm drainage or utilities facilities
or street trees or any other required items on a vacant parcel of land.
L
Landowner: Any owner of a legal or equitable interest in real property, and includes the heirs,
successors, and assigns of such ownership interests.
Landscaping: Trees, shrubs, ground cover, vines, walkways, ponds, fountains, sculpture, and other
organic and inorganic materials used for creating an attractive appearance. Smooth concrete or
asphalt surfaces are not considered landscaping.
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Legal Nonconforming Use: A use or structure that was in existence prior to the date of adoption
of the Cortez Land Use Code, or when established/ constructed subsequent to that date, conformed
to the applicable regulations in effect at that time and was rendered nonconforming by an
amendment of the regulations, or as rendered nonconforming as a result of the annexation to the city.
Letter of Map Revision (LOMR): FEMA's official revision of an effective flood insurance rate map
(FIRM), or flood boundary and floodway map (FBFM), or both. LOMRs are generally based on the
implementation of physical measures that affect the hydrologic or hydraulic characteristics of a
flooding source and thus result in the modification of the existing regulatory floodway, the effective
base flood elevations (BFEs), or the special flood hazard area (SFHA).
Letter of Map Revision based on Fill (LOMR-F): FEMA's modification of the special flood
hazard area (SFHA) shown on the flood insurance rate map (FIRM) based on the placement of fill
outside the existing regulatory floodway.
Levee: A man-made embankment, usually earthen, designed and constructed in accordance with
sound engineering practices to contain, control, or divert the flow of water so as to provide protection
from temporary flooding.
Levee System: A flood protection system which consists of a levee, or levees, and associated
structures, such as closure and drainage devices, which are constructed and operated in accordance
with sound engineering practices.
Light Pollution: The shining of light produced by a luminaire above the height of the luminaire and
into the sky.
Light Trespass: The shining of light produced by a luminaire beyond the boundaries of the
property on which it is located.
Limited Common Element: A portion of the common elements allocated by the declaration for
the exclusive use of one or more units but fewer than all of the units
Lot: An undivided tract or parcel of land under one ownership having frontage on a public street and
either occupied or to be occupied by a building or building group together with accessory buildings,
which parcel of land is designated as a separate and distinct tract. Contiguous lots under one
ownership used, or intended to be used, as a single unit of land shall be considered a single lot for
purposes of this code.
Lot Area: The net area of the lot, excluding portions of streets and alleys
Lot Coverage: The percentage of a lot or tract covered by the roof of buildings, including roof eaves.
Lot Lines: The lines bounding a lot as defined herein.
A. Lot Line, Front. "Front lot line" means any lot line adjacent to a street.
B. Lot Line, Rear. "Rear lot line" means a lot line opposite a front lot line and not adjacent to a street.
C. Lot Line, Side. "Side lot line" means any lot line not defined as a front or rear lot line.
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Lot of Record: A lot that is part of a subdivision or the original city site, the plat of which has been
recorded in the office of the county clerk of Montezuma County or a parcel of land, the deed for which
is recorded in the office of the county clerk of Montezuma County prior to the adoption of the original
Cortez Zoning Ordinance No. 184 (adopted March 7, 1946).
Lowest floor: The lowest floor of the lowest enclosed area, including basement. Any floor used for
living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any
combination thereof. This includes any floor that could be converted to such a use such as a basement
or crawl space. The lowest floor is a determinate for the flood insurance premium for a building,
home or business. An unfinished or flood resistant enclosure, usable solely for parking or vehicles,
building access or storage in an area other than a basement area is not considered a building's lowest
floor; provided that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirement of the National Flood Insurance Program regulations.
Luminaire: A complete lighting unit consisting of a light source and all necessary mechanical,
electrical and decorative parts.
M
Map, Condominium: A printed instrument depicting all or a portion of a common interest
community in three dimensions. A map or a plat may be combined in one instrument.
Manufactured Home Park Accessory Building: A building providing laundry facilities
operated by the manufactured home park management, recreational facilities, storage and all other
activities, facilities
Manufactured Home Park or Subdivision, New: A term used in the administration of the Flood
Hazard regulations of this LUC to designate a new manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the manufactured homes are to be affixed,
including at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads, is completed on or after the effective date of floodplain
management regulations adopted by Cortez.
Master Plan: Refers to the Cortez Comprehensive Plan, as amended, and all related element of that
plan, such as the Future Land Use Map, Future Thoroughfare Plan, and Master Drainage Plan.
Material Safety Data Sheet (MSDS): A form with data regarding the properties of a particular
substance. An important component of product stewardship and workplace safety, it is intended to
provide workers and emergency personnel with procedures for handling or working with that
substance in a safe manner, and includes information such as physical data, such as a melting point,
boiling point, flash point, etc., toxicity, health effects, first aid, reactivity, storage, disposal, protective
equipment, and spill-handling procedures.
Mayor: The Chairperson of the City Council
Mean Sea Level: For purposes of the National Flood Insurance Program, the "North American
Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a
community's flood insurance rate map are referenced.
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Medical Marijuana Centers: See C.R.S. § 12-43.3-104(8)
Mineral Estate: An interest in real property that is less than full fee title and that includes mineral
rights as shown by the real estate records of the county in which the property is situated.
Mineral Estate Owner: The owner or lessee of a mineral estate underneath a surface estate that
is subject to an application for development.
N
National Flood Insurance Program (NFIP): FEMA's program of flood insurance coverage and
floodplain management administered in conjunction with the Robert T. Stafford Relief and
Emergency Assistance Act.
No-Rise Certification. A record of the results of an engineering analysis conducted to determine
whether a project will increase the flood height in a floodway.
O
Occupancy: The use or intended use of the land or buildings by proprietors or tenants.
Occupied: Arranged, designed, built, altered, converted, rented or leased, or intended to be
occupied.
Opaque: Not able to seen through, non-transparent, on a year round basis.
Open Space: Area included in any side, rear or front yard or any unoccupied space on the lot or
tract that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves,
and plant material.
Outdoor sales and display: A principal use where it is customary for products and inventory to
be displayed and sold outdoors because of their size, mass, or quantity, on a routine long term basis.
Examples include plant nurseries, automobile dealerships, recreational equipment dealerships, or
agricultural implement dealerships. This definition does not pertain to seasonal sales, temporary
sales, or any other short term or temporary outdoor use.
Outdoor storage: The keeping of business property or inventory outside of a building for an
extended period of time. Outdoor storage may include goods that are store, sold, or displayed because
of the their large size, mass, or volume, and are not easily moved or carried, to indoor locations.
Out-Parcel: A building lot that is subdivided from a larger "parent" principal parcel, that functions
as an integrated development that shares access, driveways, signs, landscaping, and off-street
parking. The term is synonymous with the term "out lot", and is typical with large scale integrated
commercial developments. Out parcels vary in size, but are generally smaller than 10 acres and often
used as a restaurant, bank, drug store, or small scale retail or service uses. It is typical for integrated
developments to have multiple out-parcels with a variety of sizes.
Owner: Any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or other
person with sole or with concurrent legal and/or beneficial title to the whole or to part of a building
or land.
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P
Parcel: Any quantity of land and water for which location and boundaries can be established that is
designated by its owner or developer as land to be used or developed as a unit, or which has been
used or developed as a unit.
Park: Publicly owned land used for active or passive recreational purposes.
Park Trailer: A unit that is built on a single chassis mounted on wheels and has a gross trailer area
not exceeding four hundred (400) square feet in the set-up mode, as defined by the NFPA 70 National
Electric Code.
Person: An individual, proprietorship, trust, partnership, corporation, association, or other legal
entity.
Physical Map Revision: FEMA's action whereby one or more map panels are physically revised
and republished. A PMR is used to change flood risk zones, floodplain and/or floodway delineations,
flood elevations, and/or planimetric features.
Planned Community: A common interest community that is not a condominium or cooperative.
Planned Neighborhood: A subdivision that includes a minimum of two housing types that may
be clustered around a greater amount of open space that is used to protect site resources, preserve
natural features, provide recreation area, and to buffer different housing types. A planned
neighborhood provides for a mixture of housing types, and may also include up to 20 percent of the
land area that is devoted to a public, institutional, or commercial land use.
Planned Neighborhood
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Planning and Zoning Commission: An advisory board created by the City Council to administer
the zoning and subdivision processes set out in this LUC and to establish long range planning
recommendations for the growth, development, redevelopment and expansion of Cortez.
Plat, Condominium: A printed instrument that is a land survey depicting all or a portion of a
common interest community in two dimensions. A plat and map may be combined in one instrument.
Plat, Final: A map of the subdivision showing accurate survey by a registered surveyor, to be
recorded by the County Recorder of Montezuma County.
Plat, Preliminary: The plat of any lot, tract or parcel of land drawn and submitted in accordance
with the requirements of the LUC, which would not recorded, but is only the initial step in the division
of land for review and study by the City.
Porte-cochere: A covered porch where vehicles stop to discharge passengers that is wide enough
for vehicles to pass through.
Principal Parcel: In a common plan of development (e.g., subdivided nonresidential property such
as a shopping center or other integrated development, which may have one or more out-parcels), the
principal parcel is the larger, original tract from which smaller tracts are subdivided to provide outparcels or to create independent lots.
Principal Use: The primary use for which a parcel and any buildings thereon are developed.
Projected Traffic Volumes: The number of vehicles that are calculated to be present after a
project is completed within the study area boundaries in which the study was conducted.
Property: All real property subject to land use regulation by the City.
Public Land: Land or interests in land owned by a governmental entity or held in trust for the
benefit of the public by a not-for-profit organization.
Public Right-of-Way: Any parcel of land unobstructed from the ground to the sky dedicated or
appropriated to the general public.
Public Utility: Persons, corporations, or governments supplying gas, electric, transportation, water,
sewer, or landline telephone service to the general public. For the purpose of this code, commercial
wireless telecommunication service facilities shall not be considered public utility uses, and are
defined separately.
R
Real Property: All real property within the city included within the boundaries of any lot approved
and recorded in the plat records of Montezuma County, Colorado, or within the boundaries of any
unplatted tract or parcel of land described and recorded in the real property records of Montezuma
County, Colorado.
Recycling Bins: A container used to hold recyclables before they are taken to a recycle center. Bins
exist in various sizes for use in homes, office and retail uses, and may be separated by the type if
material being collected.
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Refuse Container: A collection facility for the storage of garbage, rubbish, paper, cartons, boxes,
metals, glass and similar materials. Dumpsters and trash compactors are examples of refuse
containers.
Reimbursement Construction Cost: All costs associated directly and solely with the design and
construction of the street, water or drainage infrastructure which includes the costs of engineering,
surveying, and testing, cost of permits and cash in lieu payments, costs of any rights-of-way or
easement acquisitions necessary for construction of the street, water or drainage infrastructure, and
costs of reasonable and necessary construction change orders. Administrative costs, include costs
incurred for construction management including bidding, home office overhead, attorney's fees and
all other expenses other than those direct expenses identified herein, shall not exceed five percent of
the total direct construction costs for the infrastructure, all as detailed in a sworn affidavit from the
initial developer.
Replat: The re-arrangement of any part or all of a previously platted subdivision, addition, lot or
tract.
Retaining Wall: A structure are structures designed to restrain soil to unnatural slopes. They are
used to bound soils between two different elevations often in areas of terrain possessing undesirable
slopes or in areas where the landscape needs to be shaped severely and engineered for more specific
purpose to create stability.
Right-of-Way: The entire dedicated tract or strip of land that is to be used by the public for
circulation and service.
Roof: The top that covers structures and buildings.
S
Screen: A fence or wall designed and erected to obstruct and eliminate the public view of a storage
or other area.
Setback: Open space at grade between a structure and the property line of the lot on which the
structure is located, or, in some cases, the centerline of the adjacent right-of-way, measured by the
horizontal distance between the lot line and the closest projection of the principal or accessory
building. Each setback shall remain unoccupied and unobstructed from the ground upward, except
where permitted in this LUC.
Severed: The surface owner does not own 100 percent of the mineral estate.
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Sign: Any object or device or part thereof situated outdoors or indoors which is used to advertise,
identify, display, direct, or attract attention to an object, person, institution, organization, business,
product, service, event, or location by any means including words, letters, figures, designs, symbols,
fixtures, colors, motion, illumination, or projected images. However, signs do not include the
following: flags of nations, or an organization of nations, states and cities, fraternal, religious and civic
organizations; merchandise, pictures or models of products or services incorporated in a window
display; time and temperature devices not related to a product; national, state, religious, fraternal,
professional, and civic symbols or crests; works of art which in no way identify a product; and
scoreboards located on athletic fields. If for any reason, it cannot be readily determined whether or
not an object is a sign, the Zoning Administrator shall make such determination.
Site: A parcel or portion of land separated from other parcels or portions by legal description and
abutting upon one or more public streets or roads intended for use-by-right occupancy.
Site Specific Development Plan: A plan that has been submitted to the City by a landowner or
such landowner's representative describing with reasonable certainty the type and intensity of use
for a specific parcel or parcels of property. Such plan may be in the form of, but need not be limited
to, any of the following plans or approvals: a planned development site plan, a subdivision plat, a
conditional or limited use plan, or a development agreement. The City Council may designate other
approvals as a site specific development plan that would trigger a vested property right by ordinance
or regulation or upon an agreement entered into between the local government and the landowner,
and the document that triggers such vesting shall be so identified at the time of its approval. However,
a “site specific development plan” shall not include a variance, a preliminary plan as defined in
Section 30-28-101(6), C.R.S., or any of the following: a sketch plan as defined in Section 30-28-101(8),
C.R.S.; a final architectural plan; public utility filings; or final construction drawings and related
documents specifying materials and methods for construction of improvements.
Solar Array: An electrical device consisting of an array of connected solar cells
Special Flood Hazard Area: The land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.
Standard Neighborhood: A subdivision with a conventional street and lot layout with that has a
modest amount of common open space for the provision of recreation area. A standard neighborhood
provides for single family detached dwellings on individual lots.
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Standard Neighborhood
Start of Construction: The date the building permit was issued, including substantial
improvements, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond
the stage of excavation; or the placement of a manufactured home on a foundation.
Street: A public way, other than an alley or driveway, which affords the principal means of access to
abutting property.
A. "Arterial/highway street" means a thoroughfare ultimately designed for the movement of two or
more lanes of moving traffic in each direction, and designated as a major street by the
Comprehensive Plan or the Cortez Future Thoroughfare Plan.
B. "Collector street" means a thoroughfare ultimately designed for the movement of one or more
lanes of moving traffic in each direction and designated as a secondary street by the
Comprehensive Plan or the Cortez Future Thoroughfare Plan.
C. "Local street" means a street which has the primary function of providing access to abutting
property and which does not normally carry through traffic.
D. "Marginal access street" means a street which is parallel to and adjacent to arterial streets and
highways; and which provide access to abutting properties and protection from through traffic.
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Street Infrastructure: Includes, but is not limited to, pavement, sub base, over excavation, backfill,
soil stabilization, re-compaction, right-of-way costs, curbs, gutters, medians, landscaping, sidewalks,
pedestrian underpasses, combination pedestrian underpass and box culvert, traffic signals, street
lighting, bus pads, deceleration lanes, and other appurtenances as determined by the city engineer,
which are designed and constructed by the initial developer in accordance with the city's most
current infrastructure master plans and the Cortez Construction Design Standards, as amended from
time to time, and which are adjacent to the property that would derive benefit from use of or
connection to the street infrastructure upon development of the property.
Street Line: A dividing line between a lot, tract or parcel of land and a contiguous street, the rightof-way line or easement line.
Street Trees: Are trees, large shrubs, and all other woody vegetation on land located within the
right-of-way of any public street , or in close proximity to a public street to improve the aesthetic
appeal of the street.
Street Width: The dimension of the shortest distance between the lines that delineate the right-ofway of a street, road or other way.
Structural Alterations: Any change in the supporting member of a building, such as a bearing wall,
column, beam or girder.
Structure: Includes facilities that are built or constructed, an edifice or building or any kind or any
piece of work artificially built up or composed of parts joined together in some definitive manner. A
walled and roofed structure building used for gas or liquid tank storage tank which is principally
above ground, certain retaining walls, and towers, as well as modular and manufactured homes, are
also considered to be structures.
Subdivision Improvements Agreement: One or more security arrangement that may be
accepted by the City to secure the construction of such public improvements as are required by this
LUC as a condition of the approval of a subdivision.
Subdivision: For the purposes of this Land Use Code, means the division of land into two or more
lots, blocks, tracts, plots or sites for the purpose of development. This term includes resubdivision,
and when appropriate to the context, shall relate to the process of subdividing or to the land being
subdivided. Any division of land ordered by a court or that creates cemetery plots shall not be
deemed a subdivision.
Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring
the structure to its before-damaged condition would equal or exceed 50 percent of the market value
of the structure just prior to when the damage occurred.
Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of
a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before
"start of construction" of the improvement.
Surface Estate: An interest in real property that is less than full fee title that does not include the
mineral rights as shown by the real estate records of the county in which the property is situated.
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Surface Owner: The owner of the surface estate and any person with rights under a recorded
contract to purchase all or part of the surface estate.
T
Threshold Planning Quality: A quantity designated for each chemical on the list of extremely
hazardous substances that triggers notification by facilities to the state that such facilities are subject
to emergency planning requirements.
Toxic and Noxious Matter: Any solid, liquid, or gaseous matter that is present in sufficient
quantities to endanger health, safety and comfort of persons in the vicinity or that may injure or
damage property.
Tower: Any ground or roof-mounted pole, spire, structure, or combination thereof taller than 15
feet, including supporting lines, cables, wires, traces, and masts, intended primarily for the purpose
of mounting an antenna, meteorological device, or similar apparatus above grade.
A. Tower, Multi-User. "Multi-user tower" means a tower to which is attached the antennas of more
than one commercial wireless telecommunication service provider or governmental entity.
B. Tower, Single-User. "Single-user tower" means a tower to which is attached only the antennas of
a single user, although the tower may be designed to accommodate the antennas of multiple users
as required in this code.
Traffic Impact Analysis (TIA): An in depth analysis of existing and proposed traffic.
Traffic Queue: A line of vehicles stacking in line to make a traffic movement.
Trash Compactor: A machine used in the home to compress garbage into bundles for easy handling
and disposal.
Trip Distribution: A percentage estimates trip distribution per turning movement from a
development.
Trip Generation Summary: A table summarizing trip generation characteristics of a
development for an entire day; including A.M. and P.M.peak periods, rates, units and the assumptions
used to calculate the number of trips.
U
Urban Agriculture: The growing, processing, and distributing of food and other products through
plant cultivation and animal husbandry in and around the city
Usable Floor Area: All of the floor area in a building or buildings including hallways, but excluding
areas of floor devoted to structural or partition walls, stair wells, elevator shafts, storage, boiler
rooms, and mechanical service rooms.
V
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Variance, Land Use Code (Non-Zoning): A grant of relief to a person from a "Non-Zoning
Related" requirement of the Land Use Code, when strict enforcement would result in unnecessary
hardship. A variance, therefore, permits construction or development in a manner otherwise
prohibited by the Land Use Code.
Variance, Zoning: A grant of relief to a person from a "Zoning Related" requirement of the Land
Use Code, when strict enforcement would result in unnecessary hardship. A variance, therefore,
permits construction or development in a manner otherwise prohibited by the Land Use Code.
Vendor, Mobile. A portable business that sells or offers for sale goods, wares, merchandise,
beverages or food stuffs of any kind or nature whatsoever from a vehicle capable of movement.
Vesting Period: The period of time during which vested rights are effective.
Vested Property Right: The right to undertake and complete the development and use of property
under the terms and conditions of a "site-specific development plan."
Vibration: A periodic displacement of the earth measured in inches.
Violation: The failure of a structure or other development to be fully compliant with a specific
regulation(s).
W
Water infrastructure: Includes, but is not limited to, water transmission and distribution lines, all
other water lines and related appurtenances, and pressure reducing valves and booster pump
stations which are sized to a capacity which the city engineer determines is in excess of that required
by the initial developer. Notwithstanding the above, the cost of constructing a booster pump station
shall not be eligible for reimbursement when the city engineer requires that a booster pump station
be constructed to a capacity which is the minimum required by Cortez Construction Design Standards,
as amended.
Water Surface Elevation: The height, in relation to the North American Vertical Datum (NAVD)
of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the
floodplains or riverine areas.
Wetlands: Areas which are saturated or inundated by surface or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soils conditions. These areas can be man-made or
natural and, in addition to the vegetation types, the soils must be hydric, organic or mineral, and be
saturated for five percent or more of the growing season within 12 inches of the ground. Wetlands
generally include wet meadows, snow melt areas, and similar areas.
Y
Yard: An open space on the lot that is not obstructed from any point thirty (30) inches above the
general ground level of the graded lot to the sky except as authorized obstructions.
A. "Front yard" means a yard adjacent to a front lot line and extending from the lot line a uniform
distance into the lot.
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B. "Rear yard" means a yard adjacent to a rear lot line and extending from the lot line a uniform
distance into the lot.
Z
Zoning Administrator: The City Planner or their duly-authorized representative shall be the
Zoning Administrator. If the City Planner's position is vacated for an extended period of time, the
Zoning Administrator shall be an officer designated by the City Manager to enforce the provisions of
this code.
Zoning Development Permit: A permit issued by the city planner that allows a developer to
engage in development in compliance with all applicable sections of this code and further enables the
developer to seek a building permit that would allow the developer to commence actual
development.
Zoning Map: The certified official zoning map upon which the boundaries of the various zoning
districts are drawn.
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