Chapter 17.60
DEFINITIONS
Sections:
17.60.010 General.
For the purposes of this title and when not inconsistent with the context:
A. Words used in the present tense include the future.
B. Words in the singular include the plural.
C. Words in the plural include the singular.
D. The masculine includes the feminine.
E. The word “shall” is mandatory and not directory.
F. The word “may” is permissive.
G. The particular controls the general.
H. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be considered as providing “ordinarily accepted meanings.” (Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.60.020 Interpretation.
Certain words and phrases are defined, and certain provisions shall be interpreted as set out in this chapter, when not inconsistent with the context. The word “building” includes the word “structure”; the word “person” includes a “firm,” “associate,” “corporation,” “partnership,” and “natural person”; the word “used” includes the words “occupied,” “arranged,” “designed,” or “intend to be used”; the word “construct” includes the words “erect,” “reconstruct,” “alter,” “move in” and “move upon.” (Ord. 2016-1 § 1 (part): Ord. 2007-14 § 1 (part): Ord. 1997-13 § 1 (part))
17.60.030 Definitions.
“Accessory use” means a use customarily incidental to and on the same lot with the use or building to which it is accessory and occupying less than one-third (1/3) of the habitable floor area on the premises.
“Adult material” means any material including, but not limited to: books, magazines, newspapers, movie films, slides or other photographic or written materials, video tapes and/or devices which are distinguished or characterized by their emphasis on depicting, describing or relating to “specified anatomical areas” or “specified sexual activities.”
“Alteration” means any change, addition or modification in construction, occupancy or use.
Anatomical Areas, Specified. “Specified anatomical areas” means less than completely and opaquely covered:
1. Human genitals and pubic region;
2. Buttocks;
3. The human female breast or breasts to a point immediately above the top of the areola; and
4. Human male genitals in a discernibly turgid state even if completely and opaquely covered.
“Animated sign” means any sign or part of a sign which changes physical position by any movement or rotation.
“Apartment house” means a building containing no fewer than three (3) dwelling units.
“Arcade sign” means a wall or projecting sign attached to the roof or wall of an arcade and totally within the outside limits of the structural surfaces which are delineating the arcade.
“Awning” means a shelter supported entirely from the exterior wall of a building.
“Building” is any structure used or intended for supporting or sheltering any use or occupancy.
“Building front” means that exterior wall of a building facing the public right-of-way that is the official street address side of the building.
“Building height” is the vertical distance above the average grade measured to the highest point of the building. The height of a stepped or terraced building is the maximum height on any segment of the building.
“Building Official” means the official designated by the Council as the Building Official.
“Building setback” means 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.
“Charter” means the Charter for the city of Glendale, Colorado.
“City” means the city of Glendale, Colorado.
“CMRS telecommunications equipment shelter” means an unattended structure such as a small building or cabinet(s) used to house equipment for a CMRS telecommunications facility, associated with either a freestanding CMRS telecommunications facility or a structure or building mounted CMRS telecommunications facility.
“CMRS telecommunications provider” means a public or private company providing any type of CMRS or other related technology.
“Commercial mobile radio services (CMRS) telecommunications site” means any use of property for antennas, equipment, and equipment shelter(s) employed in the reception, switching, and/or transmission of wireless telecommunications services including, but not limited to, paging, enhanced specialized mobile radio, personal communication services, microwave link antenna, cellular telephone, and other related technologies.
“Commission” means the city of Glendale Planning Commission.
“Condominium” means a single dwelling unit in a multi-unit dwelling or structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.
“Council” means the City Council of the city of Glendale.
“Density” is the number of dwelling units which are allowed on an area of land. “Net density” represents the number of dwelling units per acre devoted to residential buildings and accessory uses within a given site, but excludes lands for dedicated streets and rights-of-way, parking, parks and open space, and other nonresidential uses. “Gross density” is the area of land including dedicated streets and rights-of-way, private streets, parking, parks and open space, floodplains and any other undevelopable land that is part of the site.
“Developer” means the property owner or agent of the property owner responsible for the execution of the developmental aspect of a site.
“Display surface of face” means the area made available by a sign structure for the purpose of displaying a message.
“Dwelling” means a building designed to be used as a living place for one (1) or more persons or families but not including hotels, motels, clubs, boarding houses or any institution such as an asylum, hospital or jail where human beings are housed by reason of illness or under legal restraints.
“Dwelling unit” is any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation for not more than one (1) family, or a congregate residence for six (6) or less persons.
“Factory built home” means a factory built home, other than a manufactured home (mobile home), which meets all of the following requirements:
1. Is designed only for erection or installation on a site-built permanent foundation;
2. Is not designed to be moved once so erected or installed;
3. Is designed and manufactured to comply with a nationally recognized model building code or an equivalent local code, or with a state or local modular building code recognized as generally equivalent to building codes for site-built housing; or
4. To the manufacturer’s knowledge is not intended to be used other than on a site-built permanent foundation.
“Family” means one (1) or more persons related by blood, marriage, adoption, or legal custody plus domestic servants employed for service on the premises, or a group of not more than fifteen (15) persons living together as a single housekeeping unit. Notwithstanding the foregoing, a family shall be deemed to include not more than fifteen (15) persons that are not related by blood, marriage, adoption, or legal custody occupying a residential dwelling unit and living as a single housekeeping unit if the occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988; or disabled persons as defined by Section 24-34-301, C.R.S.; a household that includes fifteen (15) or more such persons shall not be excluded from the definition of “family” by the residence in the household of additional necessary persons employed in the care and supervision of such handicapped or disabled persons.
“Flash,” “blink,” “chase,” or “fluctuate” means any direct or indirect use of illumination, either stationary or animated, which exhibits changing natural or artificial light or color effects by any means whatsoever.
“Floor-to-land area ratio” means the ratio of gross floor area to the lot area.
“Freestanding CMRS telecommunications facility” means a facility that consists of a stand-alone support structure such as a lattice tower or monopole, antenna(s), and associated equipment storage shelter(s).
“Freestanding sign” means a sign supported by poles, uprights or braces extending from the ground or an object on the ground but not attached to any part of any building (either a “ground” or “pole” sign as defined in the Uniform Sign Code).
“Frontage” is the width of a lot or parcel abutting a public right-of-way measured at the front property line.
A “group home” or “residential group home” shall not include a household of fifteen (15) or more persons occupying a residential dwelling unit and living as a single housekeeping unit if the occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988; or disabled persons as defined by Section 24-34-501, C.R.S., and such additional necessary persons employed in the care and supervision of such handicapped or disabled persons.
“Group homes for elderly persons” means a residential facility established as either an owner-occupied or nonprofit group home for the exclusive use of persons sixty (60) years of age or older who do not need skilled and intermediate care facilities, plus no more than two (2) live-in staff persons employed in the care and supervision of such elderly persons.
“Home occupation and/or home-based business” means any nonresidential use conducted entirely within a dwelling unit and carried on solely by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling unit for dwelling purposes, has no exterior indication of the nonresidential use, and does not occupy more than thirty-five percent (35%) of the total floor space of the dwelling unit.
“Hotel (motel)” means a building designed for occupancy by short-term residents who are lodged with or without meals.
“Illuminated sign” means a sign lighted by or exposed to artificial lighting either by lights on the sign or directed towards the sign.
“Impervious surface” means material on the ground that does not allow surface water to penetrate into the soil.
“Joint identification sign” means a sign which serves as common or collective identification for two (2) or more uses by right on the same site.
“Land use master plan” is the document that contains the city’s recommendation of the most desirable use of land in Glendale. It is a guide to development and contains the purposes, policies and programs for development. Also called the comprehensive plan.
“Loading space” means an off-street space or berth on the same site with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
“Lot” means a parcel or portion of land separated from other parcels or portions by legal description and abutting upon one (1) or more public streets or roads.
“Lot area” means the total number of horizontal square feet contained within the boundaries of the lot lines of the lot.
“Lot line” means an imaginary line separating a parcel or portion of land from another by legal description.
“Manufactured home (mobile home)” is a structure transportable in one (1) or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet in length, or when erected on site is three hundred twenty (320) square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein.
“Marijuana” is all parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. “Marijuana” or “marihuana” does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. (Colo. Const. Art. XVIII, Section 16)
“Marijuana center” is a retail use whose entity is subject to being licensed by a state agency to sell marijuana and marijuana products pursuant to Section 14 and/or 16 of Article XVIII of the Colorado Constitution and the Colorado Medical or Retail Marijuana Code.
“Marijuana cultivation facility” means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.
“Marijuana product manufacturing facility” means 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.
“Microwave link antenna” means any antenna that emits microwave signals, except for receivers otherwise regulated in this title.
“Multifamily residential use” means a structure containing three (3) or more dwelling units, whether for rental, condominium ownership, or other form of tenure.
“Nonconforming sign” means a sign lawfully erected and in use prior to the effective date of the ordinance codified in this title, or any amendment thereto, which does not conform with the regulations of this title.
“Nonconforming use” means land or a building lawfully occupied prior to the effective date of the ordinance codified in this title, or any amendment thereto, by a use which does not conform with the regulations of this title.
“Nudity or state of nudity” means (a) the appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (b) a state of dress which fails to opaquely and fully cover human buttocks, anus, male or female genitals, pubic region, or areola or nipple of the female breast.
“Open space” means all known open space that is publicly owned or leased and that is kept stabilized with vegetative cover and is not covered by any structure nor is the open space used for drives, parking or storage. Public open space can be used for walking, picnicking and other nonintensive outdoor recreation.
“Ordinance” means the Glendale zoning ordinance.
“Panel antenna” means any antenna with both a vertical and horizontal plane designed to receive, transmit, direct, or aim CMRS telecommunications signals. Panel antennas are commonly mounted to a building or other support structure for the transmission or reception of wireless communications signals.
“Parking space” means an off-street, hard-surfaced, dust-free space designed and intended to be occupied by a parked automobile.
“Pawnshop” means the use of property for a business required to obtain a pawnbroker license under Chapter 5.56.
“Permit” means a document issued by Glendale, Colorado, or its agent, granting permission to perform an act or service which is regulated by this code.
“Planning Commission” means the city of Glendale Planning Commission.
“Property line” means an imaginary line separating a parcel or portion of land from another by legal description.
“Public hearing” means a public meeting held by the City Council or other commission or board of the city at which time citizens’ opinions may be voiced concerning the subject of the hearing.
“Recreational vehicle” means a vehicular unit, other than a mobile home, whose gross floor area is less than three hundred twenty (320) square feet, which is designed as temporary dwelling for travel recreational and vacation use, and which is either self-propelled, mounted or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer or van.
“Residential use” means the use of any building or portion thereof which is offered for rent, sale or lease as a dwelling unit.
“Right-of-way” means the entire dedicated tract or strip of land that is to be used by the public for circulation and service.
“Satellite earth station” means an antenna of any size, shape or description designed for the purpose of receiving microwave transmissions directly or indirectly from satellites, excluding satellite dish antennas having a diameter of two (2) meters or less in the Urban Neighborhood District and two (2) meters or less in Regional Retail and Commercial District.
“Semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
“Setback” means the minimum required distance between the property line and the building.
“Sexually oriented use” means a use of property where the principal use, or a significant or substantial adjunct to another use of the property, is the sale, rental, display or other offering of live entertainment, dancing or material which is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to specified sexual activities or specified anatomical areas as the primary or major attraction to the premises, including but not limited to:
1. “Adult hotel or motel,” which means any hotel or motel in which the presentation of adult material is the primary or principal attraction;
2. “Adult mini-motion picture theater,” which means any fully enclosed theater with a capacity of less than fifty (50) persons in which the presentation of adult material is the primary or principal attraction;
3. “Adult motion picture arcade,” which means any establishment in which the primary or principal attraction is the presentation of adult material by image-producing devices, typically limited to viewing by five (5) or fewer persons per device;
4. “Adult motion picture theater,” which means any fully enclosed theater with a capacity of fifty (50) or more persons in which the presentation of adult material is the primary or principal attraction;
5. “Adult cabaret, restaurant or place of business,” which means a cabaret, restaurant, or place of business which features: (a) persons who appear nude or in a state of nudity or semi-nude; or (b) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
“Sign” means 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. Signs do not include the following:
1. Merchandise, pictures or models of products or services incorporated in a window display;
2. Time and temperature devices not related to a product;
3. 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.
“Sign with backing” means any sign that is displayed upon, against, or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed.
“Sign without backing” means any word, letter, emblem, insignia, figure or similar character or group thereof, that is neither backed by, incorporated in or otherwise made part of any larger display area.
“Site” means a parcel or portion of land separated from other parcels or portions by legal description and abutting upon one (1) or more public streets or roads intended for occupancy of a use by right.
“Site plan” is a plan which outlines the use and development of any tract of land.
“Specified sexual activities, sexually oriented uses” means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
3. Touching, caressing or fondling of the human breasts, buttocks, anus or genitals.
“Street” means a channel including the entire dedicated right-of-way, providing for the pedestrian and vehicular movement of people and goods.
“Structure” means anything constructed or erected, the use of which requires fixed location in or on the ground, including buildings, mobile homes, signs, swimming pools, and tanks.
“Structure or building mounted CMRS telecommunications facility” means any CMRS facility, antenna, or equipment attached to or mounted upon any structure or building. Structure or building mounted CMRS telecommunications facilities do not include freestanding CMRS telecommunications facilities. All structure or building mounted CMRS telecommunications facilities shall be deemed an accessory use of the property to which the facility is attached or mounted.
“Temporary sign” means any sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material intended to be displayed for a short period of time.
“Third places” refer to those places where one bumps into friends and neighbors in an unplanned manner. They are in close proximity to first and second places which are home and work.
“Townhouse and/or townhome” means an apartment building containing three (3) or more dwelling units in a row, each of which has its front and rear entrance.
“Transportation demand management” means strategies aimed at reducing the capacity demand by either removing trips from the system, changing the character or mode of the trip, or by shifting the trip to a different time or route. These strategies attempt to alter travel behavior.
“Usable open space” means open area developed and designed for use by the occupants of the development or by others for uses including, but not limited to, recreation, courts, gardens, parks and walkways. The term shall not include space devoted to streets, roads, parking and loading areas, accessory structures, areas located within the one hundred (100) year floodplain and areas not clearly visible from the right-of-way.
“Use by right” means any use of property permitted in accordance with the provisions of this code.
“Variance” is the means by which an adjustment is made in the application of the specific regulations of a zoning ordinance to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone district, and which adjustment remedies disparity in privileges.
“Wall sign” means a sign attached to, painted on, or erected against a wall of a building which extends no more than twenty-four (24) inches from the wall surface upon which it is attached and whose display surface is parallel to the face of the building to which the sign is attached.
“Whip antenna” means any antenna cylindrical in shape that emits signals in a three hundred sixty (360) degree horizontal plane for the transmission or reception of wireless communications signals.
“Window sign” means a sign which is applied or attached to or located within three (3) feet of the interior of a window, which sign can be seen through the window from the exterior of the structure. (Ord. 2016-1 § 1 (part): Ord. 2007-19 § 1 (part); Ord. 2007-14 § 1 (part): Ord. 2001-10 § 2; Ord. 1997-13 § 1 (part))