HomeMy WebLinkAbout2020 Ordinance No. 009BY AUTHORITY
ORDINANCE NO. 9
SERIES OF 2020
COUNCIL BILL NO. 10
INTRODUCED BY COUNCIL
MEMBER SIERRA
AN ORDINANCE AMENDING TITLE 16, CHAPTER 2, SECTIONS 2,
3(G)(2), 8(E)(G)(H), 16(G) AND 17(C), TITLE 16, CHAPTER 5, SECTIONS
1(C), TITLE 16, CHAPTER 6, SECTIONS 1(A),1(B) AND 1(C), TITLE 16,
CHAPTER 8, SECTION 1(D), TITLE 16, CHAPTER 10, SECTIONS 1 AND
2, AND TITLE 16, CHAPTER 11, SECTION 2(B), ALL OF THE
ENGLEWOOD MUNICIPAL CODE 2000, REGARDING UPDATES TO
THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, In accordance with Englewood Municipal Code §16-2-6(C), the Professional
Staff of the Community Development Department did review the proposed amendments to the
Unified Development Code of the City of Englewood (UDC), and did prepare a report of its
recommendations for review by the Planning Commission and City Council; .
WHEREAS, In accordance with Englewood Municipal Code §16-2-6(D), the Planning
Commission did review the proposed amendments and the recommendation of City staff, and held
a public hearing on November 19, 2019, for public comment and review upon the proposed
amendments;
WHEREAS, In accordance with Englewood Municipal Code § 16-2-6(D), at their meeting of
November 19, 2019, the Planning Commission did vote to recommend to the City Council the
approval of the proposed amendments;
WHEREAS, In accordance with Englewood Municipal Code §16-2-6(E), the City Council
did review the proposed amendments and the recommendations of both the Professional Staff of
the Community Development Department and the Planning Commission, and held a public hearing
on November 19, 2019, for public comment and review upon the proposed amendments; and
WHEREAS, In accordance with Englewood Municipal Code § 16-2-6(F), at their meeting of
February 3, 2020, the City Council did find that the proposed amendments to the UDC either
correct an error in the current text of that Code, consistent with the adopted Comprehensive Plan,
or events, trends, or facts evident after adoption of the UDC have changed the character or
condition of the community so as to make the proposed amendment inconsistent with the
Comprehensive Plan, and the amendment is necessary to promote the public health, safety, or
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
In accordance with the provisions of Englewood Municipal Code § 16-2-6(E) the following
amendments to the Unified Development Code of the City of Englewood, Colorado, are hereby
approved.
1
Section 1. Amendment of Title 16, Chapter 2, Section 2: Summary Table of Administrative and
Review Role; Section 3: Notice Requirements; Section 8: Planned Unit Development
Rezoning Process and Requirements; Section 16: Zoning Variances; and Section 17:
Administrative Adjustments of the Englewood Municipal Code shall be amended as
follows:
§16-2-2: - Summary Table of Administrative and Review Roles.
The following table summarizes the review and decision -making responsibilities of the entities that
have specific roles in the administration of the procedures set forth in this Chapter. For purposes of this
table, an "(Approval) Lapsing Period" refers to the total time from the application's approval that an applicant
has to proceed with, and often complete, the approved action. Failure to take the required action within the
specified "lapsing period" will automatically void the approval. See Section 16-2-31 EMC, "Lapse of
Approval," below.
TABLE 16-2-2.1: SUMMARY
OF DEVELOPMENT
—
REVIEW AND DECISION -MAKING
.
PROCEDURES" `
Review (R)
Pre-
Decision -Making (D) Notice
Section
App.
or Required 1
�'
Procedure
Lapsing Period`
Ref...-
Mtg.
Appeal (A) Bodies.
CM/D PC CC BAA Pub Mail Post
Adaptive Reuse of
Designated Historical
16-5-3
J
R
R
D
✓
✓
None
Buildings
Administrative Adjustments
16-2-17
J
D
A
J
None
Administrative Land Review
60 days to
16-2-11
J
D
A
Permit
record
Amendments to the Text of
16-2-6
R
R
D
✓
None
this Title
Annexation Petitions
16-2-5
✓
R
R
D
✓
J
None
Appeals to Board
16-2-18
✓
D
✓
None
Comprehensive Plan
16-2-4
R
R
D
✓
None
Amendments
0)
Conditional Use Permits
16-2-12
✓
R
D
A
✓
J
1 year
Conditional Use -
16-7
✓
R
D
A
✓
✓
J
None
Telecommunication
As stated in
Development Agreements
16-2-15
R
D
Agreement
Floodplain Dev't. Permit and
See Chapter 16-4 for applicable procedures and standards
Floodplain Variances
Historic Preservation
16-6-11
✓
R
R
D
✓
✓
None
Landmark Sign
16-6-13
✓
D
A
✓
✓
Limited Review Use Permits
16-2-13
J
D
A
1 year
Major Subdivisions
16-2-10
6 months to
Preliminary Plat
J
R
R
D
/
J
✓
submit Final Plat
60 days to
Final Plat
R
R
D
✓
✓
FT
record
Simultaneous Review
60 days to
✓
R
R
D
✓
✓
✓
Preliminary Plat/Final Plat
record
Recorded Final Plat
None
Minor Subdivision
16-2-11
6 months to
Preliminary Plat
J
D
A
submit Final Plat
60 days to
Final Plat
D
A
record
Recorded Final Plat
None
Nonconforming Lots
16-9-4
✓
R
D
A
✓
J
None
Nonconforming Structures
16-9-3
J
D
A
Official Zoning Map
16-2-7
✓
R
R
D
✓
✓
J
None
Amendments (Rezonings)
PUD and TSA Rezonings
16-2-7
J
R
R
D
J
J
J
None
As stated in
Temporary Use Permits
16-2-14
✓
D
A
Permit
16-5-
Unlisted Use Classifications
J
D
A
None
1 8
Site Improvement Plan
16-2-9
D
A
180 days
Zoning Variances
16-2-16
J
R
D
J
✓
180 days
CM/D = City Manager or Designee (Including the Development Review Team)
PC = Planning and Zoning Commission
CC = City Council
BAA = Board of Adjustment and Appeals
1 Notice Required: See Table 16-2-3.1 Summary of Mailed Notice Requirements
§16-23 (G)(2): Notice Requirements. 1. Posted Notice. The property shall be advertised by posting for not
less than ten (10) consecutive days prior to a hearing before the Council, the Commission, or the
Board; provided, however, that where the case does not involve a specific property, no posted notice
shall be required. A posted notice shall consist of a sign not less than twenty-two inches (22") by
twenty-eight inches (28") in size, located not less than four feet (4') above ground level in a
conspicuous place, with letters not less than one inch (1") in height in black paint, which letters can
be read from the adjoining street right-of-way. Planned Unit Development applications shall post two
signs per frontage of the project. The sign must be red background with white letters following the
dimensions as stated. The applicant shall be responsible for complying with posted notice provisions
and for providing evidence of timely posted notice at the time of the hearing or consideration. All
required posted notices shall remain in place until after the date of the hearing or consideration, and
shall be removed by the applicant within seven (7) days after the hearing or consideration.
§ 16-2-8: - Planned Unit Development (PUD) Rezoning Process and Requirements.
A. Intent. The PUD Zone District is an alternative to conventional land use regulations resulting in the
creation of a unique zone district that offers the City and Applicant forms or qualities of development
or amenities not allowed through existing base zone districts. The PUD Zone District combines use,
density, height, design and site plan considerations into a unified process. Each PUD Zone District
must include its own list of permitted and conditional uses and shall identify what development
standards will apply.
The PUD Zone District is specifically intended to:
1. Provide an opportunity for the developer and the City to review the type and intensity of
development being proposed, and to identify any elements of the proposed plan that may not
comply with existing City development standards.
2. Provide development opportunities not otherwise permitted within existing zone districts by
reducing or eliminating the inflexibility that sometimes results from strict application of zoning and
development standards.
3. Permit and encourage innovative design, flexibility, and diversity in land planning and
development.
4. Provide the opportunity for unified development control for a single parcel or multiple properties
in harmony with the environment and respecting the context of the surrounding neighborhoods
by establishing design and development standards for the general character of the properties
within the PUD.
5. Plan for the general configuration of land uses, common elements, major transportation and
pedestrian circulation elements, utilities and necessary easements to serve the site and to
connect to existing and planned transportation networks, pedestrian networks and utilities.
6. Plan for proposed amenities, such as parks, open space and recreational facilities.
7. Identify natural features of the site that should be enhanced, protected or remain undeveloped.
8. Ensure consistency with the Englewood Comprehensive Plan.
9. Provide for the public health, safety, integrity and general welfare, and otherwise achieve the
purposes provided in the Planned Unit Development Act of 1972 as amended (C.R.S. 24-67-101,
et seq.).
B. Applicability. The provisions of this Section shall apply to all lands, uses, and structures to be rezoned
to Planned Unit Development (PUD) Zone District. The provisions of this Section shall not apply to:
1. Planned Developments (P.D.) approved prior to July 1, 1996, which shall continue to be governed
by the respective development plans and the regulations of the underlying zone districts.
However, any major amendments to an existing P.D., as determined by the City Manager or
designee, shall require review and approval under the new requirements of this Section.
2. Any land currently zoned PUD, and partially developed prior to the date of the adoption of this
Section. Such approved PUDs may continue and complete such development under the terms
and conditions of approval for that PUD. However, any major amendments to an existing PUD,
as determined by the City, shall require review and approval under the new requirements of this
Section.
C. Initiation .
1. A proposed rezoning may be initiated by any party identified in Section 16-2-3(A) EMC. All
property owners within the boundaries of a proposed PUD zone district shall consent in writing to
the application for a PUD.
2. A PUD application shall expire one (1) year after submittal unless a public hearing on the
application has been held by the Council on or before that date; provided however, that the City
Manager or designee may extend the application for six (6) months if the reason for the delay
was due to circumstances beyond the control of the applicant.
3. No application for substantially the same PUD shall be accepted within twelve (12) months
following a final decision on a prior rezoning application relating to all or any portion of that same
property. A "final decision" shall mean denial of a rezoning by the Council.
D. Permitted Uses. Uses permitted in a PUD zone district may include any use which is a permitted use
in any zone district of the City, or as may be permitted through the unlisted uses determination process
of Section 16-5-1(B) EMC Unlisted Uses. Each PUD application shall include its own list of allowed or
conditional uses and shall identify applicable design and development standards. A PUD District Plan
or a PUD Site Development Plan may vary the provisions of Title 16 EMC, but only to the extent
specifically shown on an approved PUD District Plan or Site Development Plan.
E. General Use and Development Requirements and Limitations. PUDs shall be subject to the following
1. PUD applications shall only be considered for properties equal to or greater than one (1)
acre when the underlying zone of the property falls within the R-1-A, R-1-B, R-1-C, R-2-A, or
R-2-13 district. PUD applications shall be considered for properties equal to or greater than
one half (%) acre when the underlying zone falls within any other zone district in the City.
2. Requests for rezoning to a PUD zone district shall be filed on application forms provided by the
City, together with all plans, maps and any other information as may be necessary, reasonable
and relevant for review by the City. Applications shall be submitted with fees established by City
Council resolution.
3. Requests for rezoning to a PUD zone district shall be authorized in writing by the landowner(s) or
an authorized agent.
4. All PUD zone districts shall be established through a map amendment to this Title pursuant to the
procedures and criteria set forth in this Title.
5. The terms and conditions of each PUD zone district shall be based on negotiations between the
applicant and the City. However, all PUD zone districts shall be consistent with the
Comprehensive Plan and applicable provisions of this Title.
6. If a PUD proposal requires the creation of one (1) or more new lots of record, or amendment of
the boundaries of existing lots of record, then approval of a subdivision plat shall also be required.
7. The area of land for the PUD zone district may be controlled by one (1) or more landowners and
shall be developed under unified control or a unified plan of development.
8. Provisions shall be made for the establishment of an organization for the ownership and
maintenance of areas designated as private streets and/or common space unless other adequate
arrangements for the ownership and maintenance thereof are provided in a manner acceptable
to the City Council.
9. The PUD zone district shall be subject to all applicable use and development standards of this
Title unless otherwise waived or modified by the applicant and approved by City Council in the
terms of the approved PUD.
Approval Criteria . PUD rezonings shall be made in the interest of promoting the health, safety, and
general welfare of the community, and shall be consistent with the Comprehensive Plan. In addition
the review or decision making body shall only recommend approval of, or shall only approve, a
proposed PUD rezoning if it finds that the proposed rezoning meets the criteria listed below:
1. The proposed development shall comply with all applicable use, development, and design
standards set forth in this Title that are not otherwise modified or waived according to the rezoning
approval. In addition, the proposed rezoning shall meet at least one of the following criteria:
a. The proposed development will exceed the development quality standards; levels of public
amenities; or levels of design innovation otherwise applicable under this Title, and the
proposed development would not be allowed or practicable under a standard zone district
with conditional uses or with a reasonable number of Zoning Variances or Administrative
Adjustments; or
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b. The property cannot be developed, or no reasonable economic use of the property can be
achieved, under the existing zoning, even through the use of conditional uses or a
reasonable number of Zoning Variances or Administrative Adjustments.
2. All PUD rezonings shall meet the following criterion:
a. The resulting rezoned property will not have a significant negative impact on those properties
surrounding the rezoned area and the general public health, safety and welfare of the
community will be protected.
G. PUD Approval Process Summary. The Planned Unit Development zone district requires two (2) steps
for PUD project review and approval: 1) Pre -application review and neighborhood meeting; and 2)
PUD District and Site Development Plan review and approval;
A complete and final PUD shall not take effect until and unless all of the information required below for
both a PUD District Plan and a PUD Site Development Plan have been reviewed and approved by the City.
The PUD District Plan is a general plan for the land within the boundaries of the application, and includes
general land uses and densities, building heights, general design intent, parking ratios, and a conceptual
layout of the site. Approval of PUD District Plan requires a later approval of a PUD Site Development Plan
prior to any development or issuance of a Building Permit.
The PUD Site Development Plan is a more detailed plan for the development of the site by applying the
standards set forth in the District Plan, but shall also include a statement of architectural intent; design
standards necessary to achieve the architectural intent; location of major transportation and circulation
systems; parking standards; landscaping requirements; common elements and other details required to
demonstrate that the development will meet or exceed the standards set forth on the District Plan and the
qualities of development otherwise required by City standards in the base zone district.
Pre -Application Conference and Neighborhood Meeting: Applicant shall submit a preliminary
proposal indicating the property to be included in the proposed PUD; the size of the land in acres
and square feet; proposed land uses; maximum density and/or number of units; anticipated
building heights; and approximate location of major circulation elements. Staff may review the
preliminary proposal and provide written comments and recommendations to potential applicants.
No project approval is implied or granted at this early review stage.
Neighborhood Meeting: Following the pre -application conference, each applicant for a PUD shall
hold a neighborhood meeting in accordance with City Procedures to describe their proposal
before an application for rezoning can be accepted by the City. The neighborhood meeting is an
opportunity for the applicant to describe the proposal as well as for area residents and property
owners to offer input about the proposal at an early stage. The applicant shall hold the meeting
at a time and location accessible and convenient for the public. The City shall be represented at
the meeting. Following the neighborhood meeting, the City representative may prepare a written
report summarizing the general discussion of the neighborhood meeting and make copies
available to the City staff, the applicant, and the public.
The maximum time between a required neighborhood meeting and a public hearing before the
Commission shall not be more than one hundred eighty (180) days. In the eventthe public hearing
is not held within one hundred eighty (180) days, the applicant shall be required to hold another
neighborhood meeting.
2. Notice. The City Manager or designee shall require that notice of required public hearings be
given in accordance with Section 16-2-3 (G) EMC.
3. City Review. The City Manager or designee shall review the proposed PUD, and may refer the
application to any City department or agency (including any utility providers, other municipalities
or other agency as determined in the City) for its review and comments, and shall prepare a report
of its recommendations for review by the Commission and Council. A copy of the report shall be
furnished to the applicant.
4. Commission Review and Recommendation. The Commission shall review the proposed PUD and
the recommendation of City staff and shall hold a public hearing on the PUD. Following such
hearing the Commission may make a recommendation to approve, approve with conditions, deny,
or modify the PUD.
a. In its review of the PUD application, in addition to any other criteria and findings applicable
to the decision, the Commission's recommendations shall include its written findings on each
of the following points:
(1) The application is or is not consistent with the Comprehensive Plan and this Title; and
(2) The application is or is not in conformance with adopted and generally accepted
development standards, and any other ordinance, law or requirement of the City; and
(3) The application is or is not substantially consistent with the goals, objectives, and
policies of the City.
5. Council Action. The Council shall review the proposed PUD, the recommendation of the City staff,
and the recommendation of the Commission, and shall hold a public hearing on the proposed
PUD. Following such hearing, the Council may approve, deny, or refer a proposed PUD back to
the Commission for modifications based on the requirements of this Title.
6. After Approval —Lapsing Period. An approved PUD shall not lapse, but shall remain in effect until
superseded by a later or inconsistent amendment to, or replacement of, the PUD or the Official
Zoning Map.
a. Following approval of a PUD and the execution of all certificates appearing on the final PUD
document, the applicant shall submit the final PUD and all other required documents to the
City and the City shall record them with the Arapahoe County Clerk and Recorder. All
expenses for recording shall be borne by the applicant and be paid prior to recording.
H. Submittal Requirements.
PUD District Plan: The PUD District Plan shall include all submittal requirements as listed below.
The Planning and Zoning Commission shall make a recommendation to City Council for final
action on a PUD District Plan zoning request.
PUD Site Development Plan: The Site Development Plan shall be reviewed at the same time as
the PUD District Plan.
2. PUD District Plan: The applicant shall submit for City review a minimum of twelve (12) sets of the
proposed PUD District plan. Applications shall be deemed complete only upon submittal of all
required information and payment of all application fees. Review will not occur until the application
is complete. The PUD District Plan shall be sufficiently detailed to indicate the general land uses;
locations; development densities and/or minimum lot areas per unit; building heights, major
transportation and circulation elements; the intended design character of the development and
shall include but shall not be limited to, the following:
a. The name and location of the proposed development; and
b. The names, addresses and phone numbers of the applicants, owners, developers and
designers of the development; and
c. Documentation confirming that the applicant has legally sufficient interest in the property
proposed for development, or is the duly authorized agent of such a person; and
d. A PUD District Plan, drawn at a scale of not less than one inch per fifty feet (V=50) along
with north arrow, written and graphic scale, of the proposed development. The District Plan
shall be of sufficient detail to determine impacts, both on and off -site that may require
mitigation. The District Plan shall additionally include the following, where applicable:
(1) A boundary survey and legal description prepared by a Colorado registered
Professional Land Surveyor.
(2) A description of the location of the property, and an identification of the primary
developments, sensitive areas and other surrounding uses, features and major
transportation networks in the immediate vicinity of the property.
(3) Adjacent streets, proposed points of access and internal vehicular circulation routes.
(4) Existing zoning and land use for all properties within at least three hundred feet (300')
of all property boundary lines.
(5) Location and area of proposed land uses, including private, public and quasi -public
facilities; for plans with multiple uses, applicant shall provide a land use schedule listing
permitted land uses.
(6) Maximum heights of proposed structures.
(7) Parking ratios for allowed uses, plus a statement of the intent to use surface o_ r
structured parking.
(8) The maximum allowed density of the site, including any density maximums or
minimums on individual uses.
(9) A description of the intended parks, recreation and open space features necessary and
major amenities proposed to achieve the intended goal of the development, including
the approximate location and area of open space and recreation areas.
(10) General intent and location of landscape areas, including percent of site dedicated to
natural and landscaped areas, and transitional buffer areas.
(11) Location of existing bus stops, bike paths and pedestrian networks.
(12) The existing topography of the land and existing natural features, together with areas
subject to 5-year and 100-year flooding.
(13) Locations of any existing easements on the property.
(14) Required major extensions of utilities, including conceptual layout of utilities and storm
sewer systems.
(15) A description of the architectural design concept and development standards for
exterior building materials sufficient to demonstrate that the development will be
compatible with the surrounding neighborhood or will achieve a higher level of design.
Development standards shall include a list of allowed and prohibited exterior materials,
standards for articulation of street facing fagades, and minimum transparency
(windows) for building elevations.
(16) Minimum perimeter setbacks and other setbacks as appropriate.
(17) A Traffic Impact Study describing existing conditions, projected traffic generation from
the new development, and anticipated impacts on the external street network in the
vicinity of the proposed PUD.
(18) A written statement generally describing the proposed PUD and the market which it
is intended to serve, its relationship to the Comprehensive Plan, and how the design
and architectural concept of the proposed PUD will relate to adjacent property. Where
the applicant's objectives are not substantially consistent with the Comprehensive Plan,
the statement shall include the changed or changing conditions that justify approval of
the proposal.
(19) Other information deemed necessary, reasonable, and relevant to evaluate the
application as determined by City Manager or designee, Planning and Zoning
Commission, or City Council.
3. PUD Site Development Plan: After or concurrent with the review of the PUD District Plan, the
applicant shall submit for City review a minimum of twelve (12) sets of the proposed PUD Site
0
Development Plan. Applications shall be deemed complete only upon submittal of all required
submittal information and payment of applicable fees. Review will not occur until the application
is complete. The PUD Site Development Plan may include the entire area within the PUD District
Plan or the PUD Site Development Plan may consist of one or more phases, provided however,
that the approval of any one phase may be contingent on improvements that involve other or all
phases. The PUD Site Development Plan shall be sufficiently detailed and shall contain such
information and documentation to fully indicate the ultimate operation and appearance of the
project and shall include, but shall not be limited to, the following:
a. A boundary survey and legal description prepared by a Colorado registered Professional
Land Surveyor.
b. Structure footprints, locations, gross floor areas, building heights and dimensioned setbacks
from streets, as well as other structures and other features.
c. Sight lines and shadow studies.
d. Locations of major vehicular circulation system elements, including streets, curb cuts, and
parking areas. Circulation systems shall be designed to connect with existing or planned
street networks.
e. Pedestrian circulation elements including sidewalks, pathways, bus stops, plazas, with
materials indicated: pedestrian circulation systems shall be designed to connect with existing
or planned sidewalks and pathways.
f. Drainage features including retention and detention areas.
g. Overall grading showing existing and proposed grades.
h. Location, dimensions and descriptions of all existing utility easements on the property.
i. Parking areas and a preliminary design of internal circulation for parking areas or structures.
j. Location and amount of bicycle parking.
k. Loading and trash areas.
I. A schedule of dwelling units (if applicable) by building, and dwelling unit density based on
units divided by acres of net lot area remaining after right-of-way dedications.
m. Location and area of parks, open space and recreation facilities, including amounts and
locations of play areas for children and other recreational areas shown on the PUD District
Plan.
n. Landscaping to include a material schedule listing quantities, plant types (e.g., deciduous
street trees, evergreen shrubs, etc.), common name, minimum size at planting, area
calculations for required and provided landscape area.
o. Fences, walls or year-round natural screen planting and landscaping when necessary to
shield adjacent residential areas from commercial, industrial and parking areas.
p. Site lighting elements, including street lights, pedestrian lights and any other lighting
elements.
q. Areas subject to flooding from a major storm including the 5-year and 100-year storms,
detention and retention areas and provisions for controlled release of water from detention
or retention areas following a major storm.
r. Site signage locations, and lighting of signs including specifically adopted sign standards
where applicable.
s. Public amenities that may be included in the development proposal, including public art.
L Conceptual building elevations that illustrate how the design standards established in the
PUD District Plan are being implemented, including architectural concepts, fagade
10
treatments, and exterior building materials, as necessary to establish how the proposed PUD
uses and structures relate internally and/or to the neighboring properties.
u. Other information deemed necessary, reasonable, and relevant to evaluate the application
as determined by City Manager or designee, Planning and Zoning Commission, or City
Council.
Amendments.
1. District Plan Amendments.
a. Major Amendments to the PUD District Plan: Major amendments may be made to the
approved Planned Unit Development District Plan pursuant to the procedures as provided
within this Section 16-2-8 EMC, including a neighborhood meeting. Major amendments shall
include any of the following:
(1) An increase in themaximumbuilding height beyond that allowed in the approved PUD
District Plan.
(2) An increase in the maximum allowed density or number of units beyond that allowed
in the approved PUD District Plan.
(3) A change in land use to a use not otherwise allowed in the approved PUD District Plan.
(4) A reduction of the perimeter setbacks from those required in the approved PUD District
Plan.
(5) A reduction in the amount of landscaping required in the approved PUD District Plan.
(6) An increase in the allowed lot coverage above that approved in the PUD District Plan
(7) Any change not considered a minor amendment by the City Manager or designee.
b. Minor Amendments to the PUD District Development Plan: The City Manager or designee
may approve minor amendments in the location of structures or facilities, or location of
streets or walkways if required by engineering or other circumstances not foreseen at the
time the Planned Unit Development District Plan was approved so long as no amendment
violates any standard or regulation set forth in this Section; or any change not listed as a
"Major Amendment" in Section 16-2-8(I)(1)(a) above.
2. Site Development Plan Amendments: All PUD Site Development Plans and documents maybe
changed and/or amended in whole or in part from time to time as provided in this Section.
a. Major Amendments to PUD Site Development Plans: PUD Site Development Plans approved
and recorded hereunder may only be amended as provided in Section 16-2-8(H)(3) and (G)
EMC. This shall include those amendments which meet any of the following criteria:
(1) A change in the character of the development; or
(2) A change in the allowed land uses; or
(3) A change in the general location of land uses; or
(4) An increase in the maximum allowed building or structure height; or
(5) An increase in the number of dwelling units, or in the ratio of the gross floor area of
structures to the land area, or increases in the proposed gross floor area within any
particular land use; or
(6) A change in the required setbacks from property lines, or "build -to" lines; or
(7) An increase of more than two percent (2%) in ground coverage by structures or surface
parking; or
(8) A reduction by more than two percent (2%) in the land area designated for landscaping;
or
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(9) A reduction in the ratio of off-street parking and loading space to gross floor area or
number of dwelling units in structures; or
(10) A change affecting the access from and through public right-of-way.
b. Minor Amendments to PUD Site Development Plan: The City, through the City Manager or
designee, may authorize minor deviations from the PUD Site Development Plan when such
deviations appear necessary in light of technical or engineering considerations, Minor
Amendments shall not be permitted for any changes included with the list of Major
Amendments in Section 16-2-8(I)(2)(a) above.
J. Appeals.
1. PUD District Plan: The applicant may appeal any determination or action taken by the City Council
under this Chapter to an Arapahoe County Court of competent jurisdiction. Said appeal to the
court must comply with Rule 106 of Colorado Rules of Civil Procedure.
2. PUD Site Development Plan: The applicant may appeal any determination or action taken by the
City Council under this Chapter to an Arapahoe County court of competent jurisdiction. Said
appeal to the court must comply with Rule 106 of Colorado Rules of Civil Procedure.
§ 16-2-16: - Zoning Variances.
Two (2) different types of variance are available: (1) Zoning Variances and (2) Floodplain Variances.
Zoning Variances are addressed in this section, and Floodplain Variances are addressed in Chapter 16-4
EMC — (Floodplain Regulations). (Note that the Planning Commission is the decision -making body on
Floodplain Variances rather than the Board of Adjustment and Appeals.) The Board of Adjustment and
Appeals pursuant to the procedures in this Section may grant Zoning Variances from the zoning provisions
of this Title otherwise applicable to a property.
A. Jurisdiction/Scope for Zoning Variances.
1. Nothing in this Title shall be construed to empower the Board to change the terms of this
Title or to effect changes in the Official Zoning Map of the City of Englewood. The powers of
the Board shall be narrowly interpreted and strictly construed so that this Title and the Official
Zoning Map shall be strictly enforced.
2. The Board shall have the authority to require any reasonable stipulation or condition that
might be necessary to properly protect the general welfare when granting a Zoning Variance.
3. The Board's granting of Zoning Variances shall not result in any encroachment into a
recorded easement or right-of-way.
4. The Board shall not consider a Zoning Variance application relating to the use of property.
5. The Board shall not consider a Zoning Variance application to allow additional dwelling units
in residential districts above the maximum number permitted by zone district standards for
lot area and lot width.
6. The Board shall not consider a Zoning Variance application relating to Temporary Use
Permits.
7. The Board shall not consider a Zoning Variance application relating to Conditional Use
Permits.
B. Initiation. An application for a Zoning Variance may be initiated by those parties identified in
Section 16-2-3.A EMC.
C. Notice. The City shall require that notice of required public hearings be given in accordance with
Section 16-2-3.G EMC.
IVA
D. City Review. The City Manager or designee shall review the Zoning Variance application, and
may refer the application to any department or agency for its review and comments.
E. Board Decision. The Board shall review the proposed Zoning Variance application and the report
of City staff, and shall hold a public hearing on the proposed Zoning Variance. Following such
hearing, the Board shall make written findings either approving, conditionally approving, or
denying the Zoning Variance. The decision on whether to approve or deny an application for a
Zoning Variance shall be in writing, based upon substantial evidence presented at the public
hearing. A copy of the decision of the Board shall be provided to the applicant.
Initiation
Notice
Required
City Staff Review
Board
Decision
Variances
F. Criteria for Considering a Zoning Variance.
1. General Zoning Variances. In passing upon Zoning Variances that do not involve provisions
of the Sign Code, the Board may vary the application of the regulations set forth in this Title
only if the Board finds the following:
a. That unique physical conditions exist, such as size, shape, location, topography or
surroundings, which are peculiar to the land or structure involved, which deprive the
applicant of privileges enjoyed by other properties in the vicinity; and
b. The variance is consistent with the intent of the zone district regulations to secure public
health, safety and welfare; and
c. The variance will not permanently impair the use or development of adjacent conforming
properties or alter the essential character of the neighborhood; and
d. The variance is not a self-imposed difficulty or hardship.
2. Sign Code Variances. In passing upon Zoning Variances to the Sign Code, Section 16-6-13
EMC, the Board may vary the application of the regulations set forth in this Title only if it
determines that:
a. There are special circumstances or conditions such as the existence of buildings,
topography, vegetation, sign structures, or other matters on adjacent lots or within the
adjacent public right-of-way, which would substantially restrict the effectiveness of the
sign in question; provided, however, that such special circumstances or conditions must
be peculiar to the particular business or enterprise to which the applicant desires to
draw attention, and do not apply generally to all businesses or enterprises; and
b. The variance will not weaken the general purpose of this Title nor the regulations
prescribed for the district in which the sign is located; and
13
c. The variance will not alter the essential character of the district in which the sign is
located; and
d. The variance will not substantially or permanently impair the appropriate use of adjacent
conforming property.
G. After Approval.
1. All Zoning Variances shall be effective on the date of final action by the Board. For the purpose
of this subsection, final action by the Board shall be deemed to be the approval of the findings
of fact for the Zoning Variance request.
2. The City shall record all Zoning Variances with the office of the Arapahoe County Clerk and
Recorder.
3. Any Zoning Variance granted by the Board shall run with the land unless the Board specifies
otherwise as a condition of the Zoning Variance.
4. Any Zoning Variance granted by the Board shall automatically lapse within one ea of the date
it was effective, or within such other time as the Board may prescribe, unless a building permit
for the action that was the subject of the variance is obtained and work started.
H. Post Decision Remedies. Initiation of the following remedies must occur within thirty (30) days of
the Board decision. For the purpose of this subsection, Board decision shall be the vote on the
Zoning Variance request.
1. Rehearing. If the applicant or an interested third party finds evidence that was not available
at the time of the hearing that may materially bear on the case, a request for a rehearing
may be made to the Board. The request shall be in writing and contain the following:
a. A summary of the new evidence.
b. The reason the evidence was not available to the Board at the original hearing.
c. A statement as to why it is believed that the evidence will materially affect the decision
of the Board.
The Board shall hear the request for rehearing and shall vote on the issue of granting a
rehearing. The chairperson shall announce the Board's decision. If a rehearing is granted, a
new date will be set for a public hearing and all posting and publication requirements shall
apply and shall be the responsibility of the original applicant. If a rehearing is denied, the
original Board decision shall stand.
2. Reconsideration. If a Board Member believes that the Board would benefit from reviewing a
Board decision, a motion for reconsideration of the decision may be made. If the motion to
reconsider fails, the original decision stands. If the motion to reconsider is approved, the
original variance request shall be reheard by the Board. The Board may reconsider the
variance request immediately or may continue the reconsideration to a date certain.
The reconsideration shall be limited to the facts presented in the original variance request
and no new evidence shall be taken. The Board may confirm, reverse, or modify the original
decision.
Appeals of Board Decisions. Appeals of final decisions of the Board may be made pursuant to
Section 16-2-18 EMC, "Appeals".
§16-2-17: -Administrative Adjustments.
A. Purpose. The City Manager or designee may vary, in minor ways, some provisions of this Title
otherwise applicable to a property pursuant to the procedures in this Section. Administrative
Adjustments are to be used when the small size of the adjustment requested, and the unlikelihood of
14
any adverse effects on nearby properties or the neighborhood, make it unnecessary to complete a
formal Zoning Variance process. In addition, the Federal Fair Housing Act, as amended, requires that
local governments be prepared to make "reasonable accommodations" in order to permit housing for
certain protected groups to occur in certain types of residential areas. Administrative adjustments may
be used when the City determines that an adjustment to the provisions of this Title is required or
advisable to comply with these requirements of the Federal Fair Housing Act.
Initiation
Ciry Staff
Decision
Administrative
B. Initiation. An application for an Administrative Adjustment may be initiated by those parties identified
in Section 16-2-3.A.
C. Notice. The request for administrative adjustment for the property shall be advertised by posting in
D. Permitted Adjustments.
1. General Rules.
a. Except when requested as a reasonable accommodation for Federal Fair Housing Act
("FFHA') purposes, a request for an Administrative Adjustment shall not be used to further
modify a development standard that, as applied to the subject property, already qualifies as
an exception to, or modification of, a generally applicable development standard required
under Chapter 16-6 EMC, (Development Standards). For example, the developer of a
residential project that qualifies for a special variation in the required side setback under the
residential design provisions in Section 16-6-10.13 EMC, cannot seek an Administrative
Adjustment to further reduce the side setback allowed under the special variation.
b. Unless specifically stated in the Scope of Authority below, the City Manager or designee
shall not approve any Administrative Adjustment that results in an increase in permitted
maximum development density or intensity; a change in permitted uses; an increase in
building height; or a decrease in the amount of common or dedicated open space required
by this Title or other City policies, standards, or regulations.
2. Scope of Authority —All Adjustments Except Reasonable Accommodations Under FFHA. An
application for an Administrative Adjustment that is not related to a request for "reasonable
accommodation" under the Federal Fair Housing Act may request only the following types of
adjustments:
a. Setbacks: Adjustments to any setback standard may be permitted as follows:
TABLE 16-2-17.1:
PERMITTED ADJUSTMENTS TO SETBACKS
Required Setback 11 Permitted Maximum Adjustment
15
3 feet
6 inches
5feet
1foot
7 feet
1 foot
20 feet
2 feet
25 feet
3 feet
b. Principal Dwelling Unit Expansion: Adjustments may be permitted to the front and/or side
setback standards for one -unit residential dwellings to allow expansion of the principal
dwelling's habitable space to match an existing front setback encroachment as follows:
(1) The front and/or side setback encroachment existed on the effective date of this Title.
(2) The linear frontage of the facade of the expansion shall be less than or equal to the
linear frontage of the portion of the dwelling that already encroaches into the setback.
(See Figure 16-2(1): C must be less than or equal to B.)
(3) The addition or expansion shall not extend beyond the front and/or side building line of
the principal dwelling (not beyond the leading edge of the existing encroachment.)
However, no addition or expansion may encroach more than five feet (6) into the
required front setback. (See Figure 16-2(1): A may not be greater than five feet (6).
Front Yard Setback
B
Figure 16-2(1) Principal
Dwellin¢
New i C
A
Front Yard Setback
c. Existing Front Porch: Adjustments may be permitted to existing, unenclosed, covered front
porches that encroach into the front setback, subject to compliance with the following
conditions:
(1) The porch encroached into the front setback prior to the effective date of this Title.
16
(2) The adjustment shall not increase the existing encroachment into the front setback;
and
(3) The porch shall not be enclosed.
d. Off -Street Parking: Adjustments of ten percent (10%) or less of the minimum number of
required off-street parking spaces, as set forth in Section 16.6-4 EMC, except such
adjustment is not available for one -unit or multi -unit uses containing two (2) dwelling units.
e. Minimum Lot Width or Lot Area: Adjustments may be permitted to the minimum lot width or
minimum lot area in the "Summary Table of Dimensional Requirements for Principal Uses
and Structures" in Section 16-6-1 of this Title, subject to the following requirements:
(1) The adjustment shall not exceed five percent (5%) of the required minimum lot width
or minimum lot area; and
(2) The adjustment in the minimum lot width or minimum lot area may result in an alternate
permitted land use in the base zone district where the property is located; and
(3) A development for which a minimum lot width or minimum lot area adjustment is
granted shall not be eligible for additional variances or additional administrative
adjustments based on the reduced lot width or area; and
(4) The result of an approved adjustment may result in an increase in the maximum
development density or intensity; for residential developments, the result of the
administrative adjustment shall not exceed one (1) additional residential dwelling unit.
3. Scope of Authority —Reasonable Accommodations Under the FFHA. In response to a written
application identifying the type of housing being provided and the portions of the Federal Fair
Housing Act that require that reasonable accommodations be made for such housing, the City
Manager or designee is authorized to take any of the following actions in order to provide
reasonable accommodations without the need for a rezoning or Zoning Variance:
a. Modify any facility spacing, building setback, height, lot coverage, or landscaping
requirement by no more than ten percent (10%); or
b. Reduce any off-street parking requirement by no more than one (1) space.
c. The City Manager or designee may approve a type of reasonable accommodation different
from that requested by the applicant if the City Manager or designee concludes that a
different form of accommodation would satisfy the requirements of the Federal Fair Housing
Act with fewer impacts on adjacent areas. The decision of the City Manager or designee
shall be accompanied by written findings of fact as to the applicability of the Fair Housing
Act, the need for reasonable accommodations, and the authority for any reasonable
accommodations approved. Requests for types of accommodation that are not listed above
may only be approved through a Zoning Variance or rezoning process.
E. City Review and Decision.
1. The City Manager or designee shall review the proposed Administrative Adjustment, and may
refer the application to any department or agency for its review and comments.
2. The applicant shall provide. a Site Improvement Plan, written request and justification for the
adjustment, proof of adjacent property notification, and any other document or materials
appropriate to the application.
3. Following such reviews, the City Manager or designee shall approve, conditionally approve, or
deny the application. Denials of Administrative Adjustments by the City Manager or designee may
be heard before the Board pursuant to Section 16-2-16 EMC, "Zoning Variances".
Criteria. An Administrative Adjustment shall only be approved by the City Manager or designee if it
meets all of criteria 1 through 5 below, or if it meets criteria 6 below:
17
1. The requested adjustment is consistent with the Comprehensive Plan and the stated purpose of
this Title.
2. The requested adjustment meets all other applicable building and safety codes.
3. The requested adjustment does not encroach into a recorded easement.
4. The requested adjustment will have no significant adverse impact on the health, safety, or general
welfare of surrounding property owners or the general public, or such impacts will be substantially
mitigated.
5. The requested adjustment is necessary to either: (a) compensate for some practical difficulty or
some unusual aspect of the site of the proposed development not shared by landowners in
general; or (b) accommodate an alternative or innovative design practice that achieves to the
same or better degree the objective of the existing design standard sought to be modified. For
purposes of this provision only, determination of "practical difficulty or some unusual aspect" may
include consideration of:
a. The historic aspect and development of the subject property;
b. The use and development of the subject property compared to similar properties in the
vicinity and in the same zone district;
c. The property's use and development under previously applicable zoning, as relevant;
d. Any intervening public action (e.g., condemnation for public right-of-way); or
e. Other similar factors that support a finding of a practical difficulty or unusual aspect that is
not of the applicant's own making or under the applicant's direct control.
6. The requested adjustment is required or advisable to comply with the requirements of the Federal
Fair Housing Act, and does not create significant adverse impacts on the surrounding
neighborhood.
(Ord. 2-15, § 2)
Section 2. Amendment of Title 16, Chapter 5, Section 1(C): Table of Allowed Uses of the
Englewood Municipal Code shall be amended as follows:
§16-5-1: -Table of Allowed Uses.
C. Table of Allowed Uses.
gf TABLEw1¢ 5 1.1: TABLE OF ALLOWED USES
TED 'TPERMIT-'EMPORARY USE
L LIMITED USE
C-A ACCESSORY USE APPRQVEDiCONDITIONALLY L-A = ACCESSORY USE APPROVED"
WIT.ti'LIMITED USE,PROCEDURE "
Residential Non -Residential
" - Ad _ dition
Use Category ;, Use Type R R R R R ° ` ` T aI
Nf 1 1 Reyulati
1 1 1 2 2 MQ J[,R
U MU S -.
-.. A B C A B ,R- ; R U A 1 2 oils
�ss
41
B
=IN
2
.
RESIDENTIAL USES
Group living
16-5-
facility,
C
C
C
C
C
P
P
2,A.1
large/special
Group Living
Group living
P
P
P
P
P
P
P
P
P
P
'P
P
P
16-5-
facility, small
2.A.1
Small treatment
C
C
C
C
C
p
p
center
72A.
Live/work
P
P
P
P
L
L
16-5-
dwelling
2.A.2
Manufactured
P
home park
2 A 3
1
16-5-
Multi-unit
P
P
P
P
P
P
P
P
P
P
2.A.4
dwelling
16-6-
1. C.4
Household Living
16-5-
One-unit
P
P
P
P
P
P
P
p
p
p
2.A.5
dwelling
16-5-
2.A.6
One -unit
16-5-
dwelling on a
P
P
P
P
P
P
P
P
P
P'
2.A.6
small lot
E
Boarding or
C
C
C
C
C
C
C
16-5-
i
rooming house
2.A.7
PUBLIC/INSTITUTIONAL USES
Animal Shelter
Not -for -profit
P
P
animal shelter
19
Emergency
Housing shelter,
C
C
Temporary Shelter
food shelter
All other
buildings and
facilities. not
Government and
specified under
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
City
the
public/institution
al uses
category
Library
Public
P
P
P
P
P
Museum/Cultural
All uses
I
T
P
P
P
P
P
P
P
Athletic field
C
C
CCC
`C
C
C
TC
P
P
Park and Open
Community
C
C
C
C
C
C
C
C
C
C
C
Space
garden
Park
P
P
PPP
P
P
P
P
P
P
P
P
P
P
Religious
Religious Assembly
institutions and
P
P
P
P
P
P
P
P
P
P
L
L
L
L
L
associated
accessory uses
School
Education
P
P
PPP
P
P
P
P
P
P
P
C
institution
Alternative
P
P
P
P
P
P
P
P
P
P
P
P
Telecommunication
tower structure
fflP
Facility
Antenna(microw
(See Chapter 16-7,
'Telecommunication
ave antenna,
s,"for applicable
sectorized
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
use -related
panel antenna,
guidelines and
whip antenna)
(standards)
Tower structure
C
C
-
C
C
C
C
C
C
C
C
C
C
C
P
P
RTD
I
I -Tn
Transportation
maintenance
P
P
Facility
facility
20
Transit center
P
Major utility
P
P
1 6-5-
facility
2.13.1
Utility Facility(not
including
Telecommunication
Minor utility
Facility)
facility (as a
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
principal use of
land)
COMMERCIAL USES
All types as
16-5-
Adult Use
defined in
P
P
2 C 1
Chapter 16-11
Greenhouse/
nursery, raising
16-5-
Agricultural Use
of plants,
P
P
2 C 2
flowers, or
nursery stock
Animal shelter
P
P
Kennel/day care
I
I
I
L
P
P
Animal Sales and
Pet store (live
Service
animal sale)
P
P
P
P
P
P
Small animal
veterinary
L
L
P
C
P
P
hospital or clinic
Assembly hall
or auditorium,
hall rental for
P
P
P
C
P
P
meetings or
social
Assembly
occasions
Membership
organization
P
P
P
C
P
P
(excluding adult
i
use)
21
Dependent care
center (less
16-5-
Dependent Care
than 24-hour
C
C
C
C
C
P
P
P
P
P
P
P
C
2.C.7
care,any age)
Amusement
C
C
C
C
C
C
establishment
Hookah lounge
I
I
I P
P
P
I P
P
Entertainment/Amus
Physical fitness
ement:
center/spa
P
P
P
P
P
P
Indoor
Theater and
performance/co
ncert venue, not
P
P
P
P
P
including adult
entertainment
Entertainment/
General outdoor
Amusement:
C
C
C
Outdoor
recreation
Check cashing
P
P
P
P
ility
Financial
institution, with
L
P
P
drive -through
Financial Institution
service
Financial
institution,
P
P
P
P
P
P
I
without drive-
through service
Brew Pub
P
P
P
P
P
P
Caterer
P
P
P
P
Food and Beverage
Restaurant, bar,
Service
tavern with or
P
P
P
P
P
P
without outdoor
operations
ON
Restaurant, with
drive -through
L
P
P
service
Sales Room
(associated with
Brewery,
C
C
C
C
C
Distillery or
Winery)
Take and
P
P
P
deliverytonly
Clinic
P
P
P
P
P
P
P
P
P
Medical/Scientific
Hospital
P
P
P
P
P
P
Service
Laboratory
(dental, medical
P
P
P
P
P
P
P
P
P
P
or optical)
Medical/Recreat
16-5-
ional marijuana
P
P
P
P
P
2.C.13
center
4.0 1f
Medical/Recreat
ional marijuana
16-5-
Medical/Recreationa
optional
A
AA
P
P
2.C.13
Marijuana
premises
16-5-
cultivation
4.C.1.f
operation
Medical/Recreat
16-5-
ional marijuana
infused
A
AA
PP
16-5-
products
4.0 f
manufacturer
Office, type 1
P
P
P
P
P
P
P
P
P
(general)
Office
Office, type 2
P
P
P
P
P
P
P
P
P
P
16 5
(limited)
2.C.8
23
Crematorium
C
Dry cleaner,
drop-off site
P
P
P
P
P
P
only
Instructional
P
P
P
P
P
service
assage
^therapy
P
P
P
P
P
P
P
P
Mortuary
P
P
Retail Sales and
Personal care
P
P
P
P
P
P
Service
(Personal Service)
Service:
photography
studio and
photo lab,
P
P
P
P
P
P
upholstery,
printer,
locksmith, tailor
Tattoo and
body -piercing
P
P
establishment
Temporary
employment
C
C
2.C.1C.11
business
Equipment
L
P
P
Retail Sales and
Service
Repair shop
(Repair and Rental)
(not including
P
P
P
P
pip
I
auto)
Antique store
P
P
P
P
P
P
Retail Sales and
qrt gallery
PP
P
P
P
P
Service (Sales)
I
Auction house
P
P
P
24
Buy-back,
second-hand,
thrift,
P
P
P
P
consignment
stores, large
Buy-back,
second-hand,
thrift,
P
P
P
P
P
consigment
I
mall
stores, small
Convenience
P
P
P
P
P
store
i
Grocery/specialt
P
P
P
P
i
y food store
TP
Internet sales
P
P
P
P
location
Liquor store
P
P
P
P
P
P
Pawnbroker
P
P
2.0 10
I
For TSA,
Pif<_
20,000
Retail sales,
sq. ft.,
general
P
P
P
P/
P
P
C if >
merchandise
C
20,000
sq. ft.
of gross
leasable
floor area
School
Trade or
P
P
P
C
P
P
16-5-
business school
2.C.12
Radio/television
broadcasting
Studio
studio,
P
P
P
P
recording/film
studio
25
Automob
pawnbroker
P
P
P
2.0 1 0
Automotive
sales, rental
P
P
2.C.3
2.C.3
Automotive
service and
16-5-
repair, including
P
P
2.C.4
body or fender
work
Automotive
service and
16-5-
repair, not
L
P
P
2.C.4
including body
or fender work
Automotive
service station
16-5-
(gasoline
L
P
P
2.C.5
facility)
Vehicle and
Equipment
16-5-
Carwash, auto
2.C.6
L
L
L
detailing
16-5-
2.C.4
Commercial
storage of
16-5-
operable
P
P
2.C.3
vehicles
Fuel dispensing
L
P
P
Parking facility,
16-5-
structure
(operable
C
C
C
C
L
L
C
P
P
2.C.3
16-5-
principal use
2.C.9
16=5-
Parking area,
2.C.9
surface
C
C
C
C
L
L
C
P
P
16-5-
(operable
2.C.3
26
4
vehicles),
principal use
Recreational
vehicles and
L
P
P
boats, sales or
rental
Bed and
P
P
P
breakfast
Visitor
Accommodation
Hotel
P
P
P
P
P
Hotel, extended
P
P
P
stay
Wholesale
Sales and
P
P
distribution
MANUFACTURING/INDUSTRIAL USES
16-5-
I ndustrial
C
P
P
2. D.3
service, light
(TSA
Industrial Service
only)
US
Ind trial
P
service, heavy
Brewery
C
C
C
P
P
2 C 14
I Manufacturing,
Distillery
C
C
C
P
P
2 C 94
Including
Processing,
16-5-
Fabrication,
Winery
C
C
C
P
P
2.C.14
or Assembly
16-5-
Manufacturing,
C
P
P
2.D.4
light
(TSA
only)
27
Matac unn,,
P
Fuel storage
L
(principaluse)
Mini -storage
P
P
facility
Moving d
P
P
storage
Warehouse/Storage
Outdoorstorage
I
I
I
I
I
I
I
I
I
I
I
I
I P
I P
I 16-6-7.G
Storage yard for
vehicles,
16-5-
equipment,
P
P
2.D.6
material, and/or
I
supplies
Warehousing
P
P
I
rand/or storage
Automobile
16-5-
C
P
2.D.1
salvagel yard
Commercial
C
incinerator
Hazardous
waste handling
C
C
2.D 2
Waste/Salvage
Recycling
operation, all
processing
P
P
16-5-
occurs within
2.D.5
enclosed
structure
Recycling
operation, some
16-5-
or all
C
C
2.D.5
-processing
occurs outside
m
an enclosed
structure
Sanitary service
C
Waste transfer
station (not
including
C
C
hazardous
waste)
ACCESSORY USES - See Section 16-5-4 for additional regulations
Household Living
(Accessory to
Accessory
Principal One -Unit
Dwelling Unit
A
A
A
A
At
DetachedDwelling
Uses Only)
Adult
C
dependent care
AAAAA
A
A
A
A
A
Family child
6
Home Care
care home
-
AAAA
A
A
A
A
A
Accessory Uses
A
(Accessory to
6
Principal One -Unit
Dwelling Uses Only)
Infantftoddler
-
AAAA
A
A
A
A
A
home
A
L
L
L
L
L
Large child care
home
A
A
A
A
A
Caretaker's
quarter
A
A
A
A
A
A
Other Accessory
Dormitory
A
A
A
UseHome
AAAA
A
A
A
A
A
A
occupation
4.0 1
29
Minor utility
L
L
L
L
L
L
L
L
L
L
facility (as
L
L
16-5-
accessory use
L-A
L-A
L-A
A
A
A
2.13.1
of land)
A
A
A
A
A
A
A
A
A
Parking area
16-5-
(surface)
A
A
A
A
A
A
A
A
A
A
A
4.C.2
Parking garage
A
A
A
(structure)
Satellite dish
16-5-
A
AAAA
A
A
A
A
A
AA
A
AA
antenna
4.C.3
Service units or
16-b-
facility
A
A
A
A
A
4.C.4
Swimming pool
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
16-5-
4.C.5
Wholesale
sales and
A
A
A
A
16-5
distTEMPORARY
4.C.6
USES - See Section 16-5-5 for additional regulations
Car wash
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
Expansion or
replacement of
T
T
T
T
T
T
T
T
T
T
T
T
T
T
existing facilities
Farmers market
T
T
T
T
T
T
Food vendor
T
T
T
T
T
T
T
cart
Mobile storage
(with or without
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
building permit)
Real estate
T
T
T
T
T
T
T
T
sales or leasing
JT�T�TJTJTJ
�T�Tj
30
office (also
model homes)
t
Outdoor sales
(e.g., tent sales,
parking lot
sales, seasonal
sales,
T
T
T
T
T
T
windshield
repair, sales
from retail
vendor carts,
I
etc.)
i
j
Special event
j
(e.g., carnival,
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
bazaar, fair)
i
Tents, canopies
I TTTTT
I T
I T
I T
T
I T
T
T
I T
T
T
USES NOT
See 16-5-13 for procedures and criteria for approving unlisted
MENTIONED
uses, including unlisted accessory and temporary uses.
Section 3. Amendment of Title 16, Chapter 6, Section 1(A): Rules of Measurement, (3): Lot
Coverage; Section 1(13): Summary Table of Dimensional Requirements for Principal Uses
and Structures; and Section 1(C): Additional Dimensional and Development Standards(6):
M-1, M-2, and M-0-2 Districts (e): Zone of Transparency of the Englewood Municipal Code
shall be amended as follows:
§16-6-1: - Dimensional Requirements.
A. Rules of Measurement.
Residential Density.
a. Net Density. Net density shall be calculated by dividing the net acreage of a parcel by the
minimum lot area required for each dwelling unit. Net acreage is equal to gross acreage,
less land area devoted to public rights -of -way.
b. Gross Density. Gross density shall be calculated by dividing the gross acreage of a parcel
by the minimum lot area required for each dwelling unit.
c. Rounding. When applying a density standard to a parcel's land area, all resulting fractions
shall be rounded down to the next lower whole number.
d. Maximum Density Not Guaranteed. The number of dwelling units allowed on a site is based
on the presumption that all other applicable site development standards shall be met. The
31
maximum density established for a zone district in this Chapter is not a guarantee that such
densities may be obtained, nor a valid justification for varying other dimensional or
development standards.
2. Lot Area. Lot area is measured as the amount of gross land area contained within a horizontal
plane bounded by the front, side, and rear lot lines (but not including streets or rights -of -way).
3. Lot Coverage.
a. General Rule. Lot coverage is the percentage of total lot area which, when viewed directly
from above, would be covered by a structure or structures, or any part thereof, excluding
projecting roof eaves. It is calculated by dividing the square footage of structure cover by the
square footage of the lot. Unless specifically exempted by subsection (B) below, the term
"structure" includes private walkways, driveways, and other paved surface areas used or
intended for parking vehicles (e.g., parking pads). See Figure 16-6(1).
b. Exemptions from the calculation of lot coverage.
(1) Driveways, or portions thereof, twelve feet (12') or less in width;
(2) Private walkways, or portions thereof, five feet (5') or less in width;
(3) Areas covered by swimming pools, hot tubs, and ornamental ponds;
(4) Open (uncovered) decks or patios less than thirty inches (30") above grade; or
(5) Covered, unenclosed (open on at least two sides) porches.
32
Commentary to Figure 16-6(1) Lot Coverage [above]: The cross -hatching shown represents total lot
coverage, including portions of the lot covered by the principal dwelling and an attached garage, but not
including the paved driveway (when the driveway width is twelve feet (12) or less) and not including an
unenclosed front porch or narrow front walkway.
4. Front Lot Coverage. Front lot coverage is the portion of the front setback or front yard area,
whichever is larger, of a residential lot covered by (a) an impervious material, including but not
limited to driveways, sidewalks and parking pads, and/or (b) any structure or portion thereof
permitted to encroach into the front setback area. Front lot coverage is expressed as a
percentage.
Figure 16-6(2): Front Lot Coverage
Commentary to Figure 16-6(2) Front Lot Coverage [above]. The cross -hatching shown in this figure
illustrates those parts of this home's front setback area that are covered by impervious materials or
surfaces —in this case, the portion of the paved driveway within the front setback area and the front walkway
between the sidewalk and the home's front porch. The total area covered by those impervious materials or
surfaces, divided by the entire area of the front setback, equals the total front lot coverage.
33
5. Lot Width. Lot width refers to the horizontal distance parallel to the front lot line measured between
side lot lines at the front setback line, or if no setback line is established, the distance between
the side lot lines measured along the street line.
6. Setbacks. Setbacks are measured along a line at right angles from the lot line to a point equivalent
to the minimum setback. Setbacks shall be unobstructed from the ground to the sky except for
the projections specifically allowed in Section 16-6-1.F EMC.
7. Floor Area Ratio (FAR). FAR is measured as the total floor area on a lot divided by the land area
of that lot "Total floor area" includes the total floor areas of the several floors of the structure, as
measured by the exterior faces of the walls, including fully enclosed porches and the like as
measured by the exterior limits thereof, but excluding: .
a. Garage space which is in the basement of a building or, in the case of garage space
accessory to a dwelling, is at grade;
b. Basement and cellar areas devoted exclusively to uses accessory to the operation of the
structure; and
c. Areas elsewhere in the structure devoted to housing mechanical equipment customarily
located in the basement or cellar such as heating and air conditioning equipment plumbing,
and electrical equipment.
8. Building or Structure Height. Building or structure height is the vertical distance of a building or
structure, as measured from the average elevation of the finished grade at the corners of the
building or structure base, to the highest point of the building or structure. When referring to a
tower or other similar structure, height is measured from the average ground level to the highest
point on the tower or other structure, even if said highest point is an antenna.
9. Street Frontage. Street frontage is the horizontal distance between side lot lines along the front
lot line abutting the street On corner lots, street frontage is measured along both lot lines abutting
streets.
B. Summary Table of Dimensional Requirements for Principal Uses and Structures. All principal
structures and uses shall be subject to the intensity and dimensional standards set forth in the following
Table 16-6-1.1. These standards may be further limited by other applicable sections of this Title.
Additional regulations for the residential districts, and special dimensional regulations related to lot
area, setbacks, height, and floor area are set forth in the subsections immediately following the table.
Rules of measurement are set forth in subsection 16-6-1.A EMC. Dimensional requirements for
accessory structures are set forth in subsection 16-6-1.1 EMC.
TABLEt1=B`-1:1': SUMMARY F DIIViEN51ONALRECtUIREMENTS FOR PRINCIPAL STRUCTURES
Min s Min M�mnium Setbacks (ft)
Lot Max AR -» Coverage Lot Height 4
Area= Width rREach Ste
Rear
R-1-A District
One -Unit
Dwelling 9,000 None 35 75 32 25 7 20
M
One -Unit
6,000
Dwelling on a
None
40
50
32
25
5
20
[4]
Small Lot [5]
One -Unit
3,000
2S
Dwelling on an
None
40
32
25
3
20
Urban Lot[6]
All Other
24,000
None
35
200
32
25
25
25
Allowed Uses
R-1-B District
One -Unit
7,200
None
40
60
32
25
5
Dwelling
[20
One -Unit
6,000
Dwelling on a
None
40
50
32
25
5
20
[4]
Small Lot [5]
One -Unit
3,000
25
Dwelling on an
None
40
32
25
3
20
[7]
[7]
Urban Lot [6]
All Other
24,000
None
40
200
32
25
25
25
Allowed Uses
R-1-C District
One -Unit
6,000
None
40
50
32
25
5
20
Dwelling
One -Unit
4[4l0
Dwelling on a
None
40
37
32
25
3
20
Small Lot [5]
One -Unit
3,000
Dwelling on an
None
40
3
20
[7]
F[725
Urban Lot [6]
R&I
All Other
24,000
None
40
200
32
25
25
25
AlloweUses
d
R-2-A District
One -Unit
6,000
None
40
50
32
25
5
20
Dwelling
One -Unit
Dwelling on a
4,000.
None
40
37
32
25
T20
Small Lot [5]
One -Unit
3,[7]0
Dwelling on an
None
40
[7]
32
25
3
20
Urban Lot [6]
Multi -Unit
25
Dwelling
3,000 per
per
None
40
32
25
5
20
(Maximum 2
unit
unit
units)
[4]
All Other
24,000
None
60
200
32
25
25
25
Allowed Uses
R-2-B District
One -Unit
6,000
None
40
50
32
25
5
20
Dwelling
One -Unit
Dwelling on a .
4,000
None
40
37
32
25
3
20
Small Lot [5]
One -Unit
3,000
25
Dwelling on an
None
40
32
25
3
20
[7]
[7]
Urban Lot [6]
Multi -Unit
Dwelling
3,000 per
None
60
25
32
25
5
20
(Maximum
unit
per
Units Based
9M
on Lot Area
unit
& Lot Width)
[4]
All Other
24,000
None
60
200
32
25
25
25
Allowed Uses
MU-11-3-A District
One -Unit
6,000
None
40
50
32
25
5
20
Dwelling
One -Unit
Dwelling on a
4,000
None
40
37
32
25
3
20
Small Lot [5]
One -Unit
3,0]
25
Dwelling on an
None
40
32
25
3
20
[7
[7]
Urban Lot [6]
Multi -Unit
Dwelling
25
(Maximum
3,000 per
per
None
60
32
25
5
25
Units Based on
unit
unit
Lot Area &
[4]
Lot Width)
te
treet
F
12,000
None
70
None
n/a
25
15
15
ng Lots
1.5
(Excluding
the gross
Office, Limited
15,000
50
None
32
25
15
25
floor area of
parking
structures)
All Other
24,000
None
60
200
32
25
25
25
Allowed Uses
RYA
MU-R-3-B District (See Additional Regulations Following the Table)
One -Unit
6,000
None
40
50
32
15
5
20
Dwelling
One -Unit
Dwelling on a
4,000
None
40
37
32
15
3
20
Small Lot [5]
One -Unit
3[0]0
25
Dwelling on an
None
40
32
15
3
20
Urban Lot [6]
2-4 units:
2-4
Multi -Unit
3,000 per
units:
2-4 units:
Dwelling
unit; Each
32
5
(Maximum
additional
None
75
None
More
15
More
25
Units Based on
unit over 4
than 4
than 4
Lot Area &Lot
Width)
units:1,000
units:
units: 15
per unit [4]
60
1.5
(Excluding
the gross
15
Office, Limited
24,000
75
None
60
15
25
floor area of
parking
structures)
All Other
24,000
None
75
None
60
15
15
25
Allowed Uses
[4]
MU-R-3-C District (See Additional Regulations Following the Table)
One -Unit
6,000
None
40
50
32F
5
20
Dwelling
One -Unit
Dwelling on a
4,000
None
40
37
32
15
3
20
Small Lot [5]
IN
One -Unit
3,000
25
Dwelling on an
None
40
32
15
3
20
[7]
[7]
Urban Lot [6]
Multi -Unit
6,000
None
75
None
40
15
5
20
Dwelling
Office, Limited
6,000
None
75
None
40
15
5
20
All Other
24,000
None
75
None
40
15
5
20
Allowed Uses
[4]
M-1, M-2, M-0-2 Districts (See Table 16-6-1.1a)
MU-8-1 District (See Additional Regulations Following the Table)
0 and no
Live/Work
more
None
None
None
None
100
0
5
Dwelling
than 5
feet
0 and no
Multi -Unit
more
None
None
None
None
100
0
5
Dwelling [4]
than 5
feet
0 and no
All Other
more
None
None
None
None
100
0
5
Allowed Uses
than 5
feet
MU-13-2 District (See Additional Regulations Following the Table)
0 and no
Multi -Unit
more
None
None
None
None
60
0
5
Dwelling [4]
than 5
feet
None
None
None
None
60
0 and no
0
5
7AIlowedrUses]
more
than 5
feet
TSA District
Please refer to Section 16-6-14 EMC, of this Chapter
and the applicable Station Area Design Standards and Guidelines
for intensity and dimensional standards.
i
1-1 AND 1-2
Where a building abuts
upon, adjoins, or is adjacent
All Allowed
to a residential zone district,
Uses Except
minimum setbacks of 10 ft
Manufactured
None
2:1
None
None
None
on all sides are required,
Home Parks
except as required in
Section 16-6-7.G,
"Screening Requirements."
Manufactured
See Section 16-5-2.A.3, above.
Home Parks
Notes to Table:
[1] The minimum side setback stated in this table for one -unit attached and multi -unit dwellings shall
apply to the entire dwelling structure, and not to each individual dwelling unit located in the structure.
[2] The minimum side setback standard for principal residential dwellings in the residential (R) zone
districts, as stated in this Table, shall apply to such dwellings that existed on the Effective Date of this
Title. However, principal residential dwellings existing on the Effective Date of this Title, and which as
of that date are not in compliance with the minimum side setback standards established in this Table,
shall not be considered nonconforming structures due solely to the dwelling's noncompliance with the
minimum side setback. Such dwellings are "grandfathered," and shall be considered legal, conforming
structures for the purposes of sale and development under this Title and other City building and safety
regulations. See Section 16-9-3 (Nonconforming Structures), below.
[3] The minimum separation between principal buildings located on the same or adjoining lots,
whether or not the lots are under the same ownership, shall be fifteen feet (15').
[4] See Section 16-6-1.0 for additional dimensional standards appropriate to the zone district.
[5] Small lot of record on or before February 23, 2004.
[6] Urban lot of record that contained or contains a one -unit dwelling that existed on or before the
Effective Date of this Title (February 23, 2004). Vacant Urban Lots follow same process as
Nonconforming Lots, see Section 16-9-4.
m
[7] For Urban Lots with less than 3,000 sq. ft. of Lot Area or less than 25 ft. of Lot Width follow same
process as Nonconforming Lots, see Section 16-9-4.
?ABLE
16-4
ia�ka SUMMARY
OFDINIENSIONAL
REQUIREMENTS FOR PRINCIPAL STRUCTURES^.
m
LOCATED
WITI:IIN
MEDICAL
ZONE DISTRICTS AND OVER
a
Minimum Setbaxks (ft)
Side:
Adjacen
Side
Side:
Max
[1] & [2]
Adjace
Min'
Retai
Front
Lot:
Max
Min
Max
I
Upper
Side
Side:'
(Lots
_
nt-
Are
`Lot
Lot
`
Heig
Gross
Storjr
Adjace
Adjace.
fronting
Side-'
Widt
Hampde
[1] &
a
Eovera
ht :Floor
Fron
Setbc
nt
nt
[2],;
Rea
(fk) _
Area
t
k `_
Street
All
r
ft) ;
(ft]
(sq
Above
All &
[1] &'
`Jefferso
(Lots
n or the
frontin:
60 .
12]
[2} '.
3500
g all-,_
m
Feet
blocks
other_
;
of.Logan
streets[
®.
and...
and M-2
Districts
and
M-0-2
Overlays
(See
Additional
Regulations
Following
Clarkson
]
the
Table)
_
M-1
0
and
0 and
Live/Wo
6,00
10,00
no
rk
0
None
None
32
0
mor
NA
5
0
5
Dwelling
[4]
[4]
a
more
[4]
than 10
than
10
41
One-
6,00
Unit
40
50
32
NA
15
NA
5
5
5
5
20
0
Dwelling
One -
Unit
Dwelling
4,00
40
40
32
NA
15
NA
3
3
3
3
20
on a
0
Small
Lot [5]
One -
Unit
3,00
Dwelling
25
0
40
32
NA
15
NA
3
3
3
3
20
on an
[7]
[7]
Urban
Lot [6]
Heigh
t
Zone
1:145
0
Heigh
and
All
0 and
6,00
t
10,00
no
Other
20
no
5
Allowed
0
None
None
Zone
0
mor
[4]
more
5
0
5
[4]
[4]
2:60
[4]
a
Uses
than 10
Heigh
than
t
10
Zone
3:32
[4]
Notes to Table:
[1] The minimum side setback stated in this table for one -unit attached and multi -unit dwellings shall
apply to the entire dwelling structure, and not to each individual dwelling unit located in the structure.
[2] The minimum side setback standard for principal residential dwellings in the residential (R) zone
districts, as stated in this table, shall apply to such dwellings that existed on the effective date of this
Title. However, principal residential dwellings existing on the effective date of this Title, and which as
of that date are not in compliance with the minimum side setback standards established in this table,
shall not be considered non -conforming structures due solely to the dwelling's non-compliance with
the minimum side setback. Such dwellings are "grandfathered," and shall be considered legal,
42
conforming structures for the purposes of sale and development under this Title and other City
building and safety regulations. See section 16-9-3 (Non -Conforming Structures), below.
[3] The minimum separation between principal buildings located on the same or adjoining lots,
whether or not the lots are under the same ownership, shall be fifteen feet (15').
[4] See section 16-6-1.0 for additional dimensional standards appropriate to the zone district.
[5] Small lot of record on or before February 23, 2004.
[6] Urban lot of record that contained or contains a one -unit dwelling that existed on or before the
Effective Date of this Title (February 23, 2004). Vacant Urban Lots follow same process as
Nonconforming Lots, see Section 16-9-4.
[7] For Urban Lots with less than 3,000 sq. ft. of Lot Area or less than 25 ft. of Lot Width follow same
process as Nonconforming Lots, see Section 16-9-4.
C. Additional Dimensional and Development Standards.
Multi -Unit Development Standards in R-2-A, R-2-B, MU-R-3-A and MU-R-3-B Districts.
a. Applicability. The following standards apply to all multi -unit dwellings constructed or
converted after the effective date of this Section.
b. Multi -unit dwellings existing on the effective date of this Section and which as of that date
are not in compliance with standards established by this Section, shall not be considered
nonconforming due solely to the dwelling's noncompliance with the standards of this Section.
Such dwellings are "grandfathered," and shall be considered legal, conforming structures for
the purposes of sale and development under this Title.
c. Property having rear alley access.
(1) Minimum lot width shall be twenty-five feet (26) per unit except in the MU-R-3-B District
the minimum lot width shall be per Table 16-6-1.1 EMC.
(2) Driveway access from the public street shall be prohibited, except for:
(a) Corner lots where garage, carport or parking pad may be accessed from the side
street.
(b) Dwellings with four (4) or more units may have one (1) driveway accessing the
street.
(3) Parking pads within the front yard or front setback shall be prohibited.
d. Property without rear alley access.
(1) Minimum lot width shall be thirty feet (30') per unit; except in the MU-R-3-B District the
minimum lot width shall be per Table 16-6-1.1 EMC.
(2) Garages, carports and parking pads shall be off -set behind the front building line of
each unit by a minimum of five feet (6).
(3) Minimum separation between driveways or parking pads of attached units shall be
twenty feet (20').
(4) Maximum driveway and/or parking pad width within front yard or front setback shall be
ten feet (10') per unit.
(5) The maximum garage door width on the front facade of the structure shall be 9 feet (9')
per unit.
43
(6) A parking pad may be located in the front yard or front setback only when a garage or
carport is not provided.
(7) An opaque fence or wall shall be provided between driveways or parking pads on
adjacent properties.
(8) Units that provide attached garages behind the rear building line of the principal
structure may reduce the principal structure's rear setback to ten feet (10').
(9) It is recognized that because of the wide variety of multi -unit development options, the
City Manager or designee may on a case -by -case basis consider minor deviations to
d(2) through (7) above, whenever such deviations are more likely to satisfy the intent of
this subsection.
2. MU-R-3-B District.
a. The minimum lot area standards set forth in Table 16-6-1.1 apply to parcels of land containing
less than forty-three thousand five hundred sixty (43,560) square feet (one (1) acre). Parcels
of land containing forty-three thousand five hundred sixty (43,560) square feet (one (1) acre)
or more may be developed at a density of one (1) unit per one thousand eighty-nine (1,089)
square feet.
b. The minimum lot area standards set forth in Table 16-6-1.1 for "office limited" and "all other
allowed uses" shall not apply to an existing structure converted to accommodate an allowed
nonresidential principal use on a lot having less than twenty-four thousand (24,000) square
feet, provided the allowed conversion complies with district residential design standards and
required off-street parking and landscaping requirements.
3. MU-R-3-C District.
a. The maximum office building floor area (as defined in 16-11-2 EMC) is limited to no more
than thirty thousand (30,000) square feet.
4. Residential Use in MU-B-1 and MU-B-2 Districts.
a. Dwelling units may be incorporated into the same building as the commercial use (not as a
stand-alone use)
b. The commercial use occupies the majority of the ground floor of the building, and is directly
accessible from an adjacent public street or sidewalk.
5. M U-B-2 District.
a. Relief from front setback requirements set forth in Table 16-6-1.1 may be provided in the
situations listed below conditioned on the establishment of a strong development edge along
the front property line.
(1) Addition to an existing building.
(2) Commercial lots with more than two hundred fifty (250) feet of commercial zoning and
lot depth.
(3) Drive-thru uses.
(4) Outside dining.
6. M-1, M-2, and M-0-2 Districts.
a. Minimum Lot Size Exemption:
Lots less than six thousand (6,000) square feet in size in existence on the effective date of
this Title are exempt from the minimum lot size requirements.
b. Height Zones.
Height Zone boundaries are depicted in Figure 16-6(2a).
El
Figure 16-6(2a): Medical Zone and Medical Overlay District Height Zone Boundaries
c. Maximum Retail Gross Floor Area Exemption:
Properties directly adjacent on two sides to an arterial street and a collector street as
classified by the Department of Public Works are exempt from the maximum retail gross
floor area restriction.
[balance of page intentionally left blank]
M
Figure 16-6(2b): Properties Exempt from the Max. Retail Gross Floor Area Requirement
(Gray)
HYPERLINK "file:///\\civicsan\CommDev\Group\File%20Log\2018\images\16-6-6-C-2.png"
d. Minimum Lineal Street Frontage:
1. Building frontages are required to cover a minimum distance of 75% of the length of the
front lot line, measured adjacent to and parallel with the front lot line.
2. Building frontages are required to cover a minimum distance of 25% of the length of the
side lot line abutting a street, measured adjacent to and parallel with the side lot line.
[balance of page intentionally left blank]
Ell
Figure 16-6(2c): Minimum Lineal Street Frontage Example:
100 x 100' Lot
100,
v�
i5
CD
r
o_
t-
3
m
D
Q
c
o Lot
o
m
a
m
m
m
N
N
' Bmldin
t l
-
m
II W
75% Min. Lineal
Street Fmntage =76
Front Lot Line Abutting Main Street
e. Zone of Transparency:
New construction and/or additions of ground floor retail space fronting on a public street,
shall incorporate transparent glass for a percentage of the lineal street frontage of the first
floor. These windows shall be a minimum of five feet (5') high and mounted not more than
three feet six inches (3'6") high above the interior floor level for a total height of eight feet
six inches (8'6").
A 60% minimum building lineal zone of transparency measured adjacent to and parallel
with the front lot line is required.
47
2. A 25% minimum building lineal zone of transparency measured adjacent to and parallel
with the side lot line fronting a public street is required.
Figure 16-6(2d): Zone of Transparency
6'
3' 6"
f. Required Building Entrances:
All buildings shall have a primary ground floor entrance fronting a public street.
g. Setback Requirements:
1. Minimum side setback may be reduced to zero (0) feet to conform with an adjacent
structure's zero (0) foot rear or side setback.
2. Minimum rear setback may be reduced to zero (0) feet for lots less than one hundred
feet (100') deep.
3. Open air balconies may extend ten feet (10) into the upper story front setback.
4. Relief from front setback requirements set forth in Table 16-6-1.1 may be provided for
outside dining areas on the establishment of a strong development edge along the front
property line.
D. Lots: Special Regulations.
1. Lot Area Exceptions.
a. Reduction in Lot Area. No lot, existing and of record on the effective date of this Title, shall
be so reduced that the lot area shall be smaller than prescribed by this Title. No portion of a
lot, necessary to provide the required area per dwelling unit, shall be separated in ownership
from that portion of the lot upon which the building containing the dwelling unit or units is
located.
b. Utility Installations. Subsection (a) above shall not apply to utility installations that are
necessary for the public use and convenience of the area. In such instances, utility
installations may occupy not in excess of six hundred seventy-five (675) square feet of the
lot area. An utility installation in excess of one hundred (100) square feet shall be screened
and landscaped from adjacent and adjoining residences.
2. Residential Corner Lot Regulations.
a. On rectilinear blocks, the minimum front setback requirement stated in Table 16-6-1.1 above
shall apply to the lot side that abuts the long side of the block. For all other block or lot
configurations, the City Manager or designee shall determine to which side the minimum
EK
front setback applies. Appeals to the City Manager or designee's determination shall be to
the Planning and Zoning Commission.
b. Reverse corner lots are prohibited.
3. Obstruction of View on an Interior or Corner Lot. Nothing shall be permitted in the front yard, side
yard, or rear yard which will obstruct the view of the oncoming cars or pedestrians a distance of
three hundred feet (300'). This shall not preclude the installation of necessary utility company
poles and/or traffic regulatory devices.
E. Height: Special Regulations.
Height Exceptions. The following items may exceed the maximum height allowed in the applicable
zone district, as specifically limited. All of the following items shall be typically associated with the
structure to which they are attached. Applicants may request other exceptions to the height
limitations stated in this Section according to the variance procedures in Section 16-2-16 EMC.
a. Spires, steeples, belfries, cupolas, and domes, provided they are not intended or used for
dwelling purposes, and provided they extend the height of the principal building by no more
than thirty percent (30%) above the maximum height permitted in the zone district.
b. Bulkheads, elevator penthouses, observation towers, transmission towers, chimneys,
ventilators, smoke stacks, skylights, derricks, conveyors, water towers and tanks, fire towers,
hose towers, cooling units, enclosed stairwells, or other structures where the manufacturing
process requires a greater height, provided they extend the height of the principal building
by no more than thirty percent (30%) above the maximum height permitted in the zone
district.
c. Chimneys, including chimney termination devices and decorative features, on residential
dwelling structures may exceed the height limitation by no more than four feet (4').
Setbacks and Yards: Special Regulations.
1. Maximum Residential Front Yard. The maximum front yard for any dwelling shall not be greater
than one-third ( 1/3 ) of the depth of the lot.
2. Maximum Front Lot Coverage. See Section 16-6-10 EMC, "Design Standards and Guidelines,"
below for limits on total front lot coverage applicable in the residential (R) zone districts.
3. Use of Required Setback or Yard by Another Building. No part of a setback, yard, court, or other
open space provided for any building or structure for the purpose of complying with the provisions
of this Title shall be included as a part of a yard, court, or other open space required under this
Title for another building or structure.
4. Exceptions to Setback and Yard Requirements.
a. Applicability. The exceptions stated in this subsection shall be applicable only in the
residential districts (i.e., they are not applicable in the business or industrial districts.)
b. Through Lots. At each end of a through lot, there shall be a front setback of the depth required
by this Title for the district in which each lot frontage is located.
c. Multi -Unit Dwellings. For the purpose of side setback regulations, multi -unit dwellings with
common party walls shall be considered as one (1) building occupying one (1) lot.
d. Reduction of Setbacks. No required setback around an existing building shall be separated
in ownership from the lot upon which the building is located.
e. Rear Setbacks for Shallow Lots. If a lot in a residential district was less than one hundred
feet (100') deep on the effective date of this Title, the rear setback may be reduced to fifteen
feet (15').
5. Permitted Projection Into Setbacks/Yards.
a. Driveways/Sidewalks. Accessory driveways and sidewalks or walkways may encroach into
any part of a required setback/yard.
b. Architectural Features. Architectural features, which include cornice, eave belt course, sills,
canopies, roof overhangs, bay windows, vertical projections, or other similar architectural
features, may project into required setbacks subject to the following conditions:
(1) Projections into Required Side Setback: Four inches (4") for each foot of width of side
setback required.
(2) Projections into Required Front or Rear Setback: Maximum of thirty inches (30").
c. Chimneys. Chimneys may.project into required setbacks as follows:
(1) Projections into Required Side Setback: No more than one foot (1'), provided the width
of such setback is not reduced to less than two feet (2').
(2) Projections into Required Front or Rear Setback: Maximum of twenty-four inches (24").
d. Fire Escapes.
(1) Fire escapes shall not project into a required side setback.
(2) Projections into Required Front or Rear Setback: No more than three feet (3').
e. Porches, Stoops, Decks, Terraces, and Patios.
(1) Enclosed porches and any porch, stoop, deck, terrace, or patio greater than thirty
inches (30") above grade may not extend or project into required front or side setbacks.
(2) Uncovered porches, stoops, decks, terraces, and patios with a walking surface which
is less than thirty inches (30") above grade, may extend no more than thirty percent
(30%) of the required setback distance into the required setback area.
(3) Covered porches, stoops, decks, terraces, and patios with a walking surface which is
less than thirty inches (30") above grade, may extend no more than five feet (5') into a
required front or rear setback, or five feet (6) into a required side setback that abuts a
street, provided they do not encroach into or hang over an easement or a property line
and the encroachment does not obstruct sight distance requirements per City
standards.
f. Mechanical Equipment.
(1) Residential zone districts.
(a) HVAC condensers and window -mounted air conditioning units may be located
within side or rear setbacks.
(2) All zone districts.
(a) Other small-scale mechanical equipment may be permitted within setbacks at the
discretion of the City Manager or designee.
g. Handicap Access Ramp.
(1) Ramps designed for handicap access may project into any required setback.
G. Bulk Plane Requirements.
Intent. The bulk plane requirements in this subsection are intended to ensure that new residential
development, including additions and expansions of existing dwellings, provides adequate light
and privacy to neighboring properties. In addition, the bulk plane requirements are intended to
assure greater design compatibility in terms of building mass and scale within Englewood
neighborhoods.
2. Applicability and Exceptions.
50
a. Applicability. Except as exempt by this subsection, the bulk plane requirements in this
subsection shall apply to:
(1) All new residential development of four (4) dwelling units or less in the R-1-A, R-1-13,
R-1-C, R-2-A, R-2-13, MU-R-3-A, and MU-R-3-B zone districts;
(2) All new residential development on legal, nonconforming lots that have lot widths less
than the minimum required by the applicable zone district; and
(3) All new residential development on small lots and urban lots.
b. Exceptions.
(1) The bulk plane requirements in this subsection shall not apply to new residential
developments of five (5) or more units, or non-residential development, or accessory
structures in the R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, and MU-R-3-13 zone
districts. The bulk plane requirements in this subsection shall not apply to any
development in the MU-R-3-C, MU-B-1, MU-B-2, M-1, M-2, M-0-2, 1-1, 1-2 or TSA zone
districts.
(2) Dormers with window(s) may partially protrude through the bulk plane defined below
for a maximum cumulative length of fifteen (15) linear feet, measured horizontally at the
point of intersection with the bulk plane, and provided the vertical height of a dormer
window does not extend above the height of the ridgeline of the roof surface from which
the dormer protrudes.
(3) Eaves may extend up to twenty-four inches (24") into the bulk plane, provided it does
not project further into a side setback than the maximum projection allowed by 16-6-
1:F5(b)(1). The extension shall be measured horizontally from the building wall to the
furthest extent of the eave.
(4) Gutters may extend into the bulk plane, regardless of whether the eave projects into
the bulk plane.
(5) Chimneys may extend vertically into the bulk plane a maximum often feet (10')
(6) Patio or deck railings may extend vertically into the bulk plane a maximum of forty-two
inches (42") if the railing is at least seventy-five percent (75%) open or transparent.
3. Bulk Plane Requirements. Except as specifically excepted in subsection G(2), above, no part of
any structure subject to these bulk plane requirements (including air conditioner, elevator
penthouses, and other mechanical equipment) shall project through the following defined bulk
planes, which define a building envelope for the subject lot:
a. For all applicable zone districts, the base plane for the vertical measurement of the bulk
plane shall be established by taking the average of the existing grades of the midpoints of
the two side property lines.
b. The maximum side wall height shall be measured at the point where the side wall of the
structure intersects the highest roof framing member (typically roof sheathing). The top of
any parapet wall shall not extend beyond the defined bulk plane.
c. R-1-A and R-1-B Zone Districts.
(1) A horizontal line that is located directly above the side lot line and which passes through
a point twelve feet (12') above the base plane described in paragraph (a), above; and
(2) The intersecting lines that extend over the lot at a pitch of 12:12 (45-degree angle)
from the horizontal lines defined in paragraph (c)(1) above.
d. R-1-C, R-2-A, R-2-B, MU-R-3-A, and MU-R-3-B Zone Districts.
51
(1) A horizontal line that is located directly above the side lot line and which passes through
a point seventeen feet (17') above the base plane described in paragraph (a) above;
and
(2) The intersecting lines that extend over the lot at a pitch of 12:12 (45-degree angle)
from the horizontal lines defined in (d)(1) above.
e. Accessory Dwelling Units.
(1) A horizontal line that is located directly above the side lot line and which passes through
a point twelve feet (12') above the base plane described in paragraph (a) above; and
(2) The intersecting lines that extend over the lot at a pitch of 12:12 (45-degree angle)
from the horizontal lines defined in Paragraph (c)(1) above.
n
u
Maximum
Figure 16-6(3): Bulk Plane
Property Line
12
12D
i45°
C T-:
I A
; B 4 E Base Plane
A Beginning point of Bulk Plane shall be:
• Twelve feet (12') above Base Plane for R-1-A and R-1-B Districts.
• Seventeen feet (1T) above Base Plane for R-1-C, R-2-A, R-2-B, MU-R-3-A
and MU-R-3-B zone districts.
B Side setback varies by zone district and lot type, see table 16-6-1.1 EMC.
C Maximum Side wall height (A+B=C), where side wall of structure intersects the
highest roof framing member.
D Maximum height of structure, see Table 16-6-1.1 EMC.
E Base Plane, average` existing grade of the two side property line midpoints.
52
Commentary to Figure 16-6(3) Bulk Plane (above): The shaded portion of the illustration above
depicts the defined bulk plane, which must contain the entire dwelling structure (with limited
exceptions for projecting dormers, chimneys, and railings). The bulk plane is measured at a
forty-five degree (45) angle from a horizontal line located directly above each side lot line and
which passes through a point twelve feet (12) above the base plane in the R-1-A and R-1-B
zone districts, or seventeen feet (17) above the base plane in the R-1-C, R-2-A, R-2-B, MU-R-
3-A and MU-R-3-B zone districts. The maximum side wall height is the point where the side wall
of the structure intersects the highest roof framing member.
H. Requirements for Accessory Structures.
General Provisions.
a. Purpose. This subsection authorizes the establishment of accessory structures that are
incidental and customarily subordinate to the principal use and structure on a property. The
City's intent in adopting this subsection is to allow a broad range of accessory structures, so
long as such structures are located on the same site as the principal use, and so long as
they comply with the performance criteria set forth in this subsection in order to reduce
potentially adverse impacts on surrounding properties.
b. Approval of Accessory Structures. A permitted accessory structure may be approved in
conjunction with approval of the principal structure.
C. Compliance with Title Requirements. All accessory structures shall be subject to the
dimensional regulations set forth in this subsection, including Table 16-6-1.2, below. In the
case of any conflict between the accessory standards of this subsection and any other
requirement of this Title, the standards of this subsection shall control.
2. General Conditions. All accessory structures shall comply with the following general conditions:
a. Be clearly incidental and customarily found in connection with the principal use;
b. Be located on the same lot as the principal use and structure; and
c. Be operated and maintained under the same ownership, or by lessees or concessionaires
thereof, and on the same lot as the permitted principal use and structure.
3. General Development and Operational Standards. The following general standards shall apply to
all accessory structures in all zoning districts, unless otherwise specified in this Title:
a. Time of Establishment. No accessory structures shall be allowed on the subject parcel until
all required permits and approvals for the principal use or activity have been obtained.
b. Location of Accessory Structures. Unless otherwise specified, all accessory structures shall
comply with the following general requirements:
(1) An accessory structure shall not be located within a required setback.
(2) No accessory structure shall be located within any platted or recorded easement or
over any known utility.
c. Residential Occupancy. No accessory structure shall allow residential occupancy, except as
permitted for approved accessory structures occupied by caretakers or watchmen, or for
approved accessory dwelling units on owner -occupied principal one -unit detached
properties.
d. Temporary Accessory Structures. Temporary accessory structures shall be governed by the
standards and Temporary Use Permit procedures set forth in Sections 16-2-14 and 16-5-5
EMC.
e. Materials. No accessory structures shall be constructed using cloth, canvas, tarp, plastic,
vinyl, or other materials not approved by the City Manager or designee.
53
Summary Table of Dimensional Requirements for Accessory Structures. Table 16-6-1.2 below sets
forth what types of structures are permitted as accessory in each of the City's zoning districts, and the
applicable dimensional standards for the accessory structure. If an accessory structure is not listed in
the table, but satisfies all the general standards set forth in subsection 16-6-1.1-1 EMC, the City Manager
or designee may permit the structure subject to the unlisted use procedures in Section 16-5-1.B EMC
and the dimensional standards set forth in this Section 16-6-1 EMC.
TABLE 161611.2: S0MMARYTABLE OF DIMENSIONAL REQUIREMENTS FOR I CGESSOR, STRUCTURES
Max.
MfriimumSetback(fe)
to
ilMaximum
Maximu
Atltl4
Districts
Heigh
Total
Use m
Regulation
Allowed
t
Floor Area
Number
Front Sitle Rear
s
(ft)
(sq ft)
Garden
cottage:
Residentia
3
Entire
1 portion
R-1-C, R-2-
structure
of
Accessory
Carriage
A'
1-unit
shall be
structure
Dwelling
house:6
R-2-13
dwelling:
26
located
3
shall not
Units
If vehicle
MU-R-3-A,
1 ADU
within rear
exceed
(ADUs)
entrance
MU-R-3-B
35% of the
650
faces
lot
square
street or
feet
side lot
line: 3
1-unit
If a garage
Shall
dwelling:
conform to
Combined
or carport
1 garage
the zone
If
If
maximum
is
and 1
district's
total floor
converted
carport,
area of all
to another
Detached
2-unit
minimum
front
faces
garages
use,an
garages
All
dwelling:
R-1-A:5
alley:6
and
equivalent
and
Residentia
1 garage
16
setback
Other
If
carports
amount of
all
1
and 1
applicable to
districts:
entrance
shall not
off-street
carports
Districts
carport
the principal
3
faces
exceed
parking
per unit.
structure
street or
1,000
shall be
More
and to
side lot
provided.
applicable
line: 3
square
than two-
feet per
when a
residential
unit
developmen
unit.
garage or
dwelling:
carport is
t and design
1 garage
converted
54
or
standards of
to another
carport
this Chapter
use the
per unit
existing
driveway
or carport
in the front
setback
shall be
subject to
parking
pad
regulations
standards
and
guidelines.
TSA, and
Detached
all
garages
Medical,
and
Business
Shall conform to zone district standards for principal structures.
all
and
carports
Industrial
Districts
All R
R-1-A: 5;
Districts:
Other R
Shall be
Districts:
OtherR
Other
located
3; M
Districts:
All
behind the
M, B,
3; M
Residentia
rear building
TSA, I
B, TSA, I
See 16-2-
1 Districts,
line of the
Districts:
Districts:
9.A.2 for
Storage
TSA,
principal
Shall
Shall
structures
sheds
Medical,
1
10
structure
conform
conform
150
120square
Business,
B Districts:
to zone
to zone
feet or
and
Shall be
district
district
smaller
Industrial
located
standards
standards
Districts
behind the
for
for
front
principal
principal
buildingline
structure
structure
of the
s
s
principal
55
structure
TSA & I
Districts:
Shall
conform to
zone district
standards
for principal
structures
Other
accessory
Other
structures
See 16-2-
All
accessory
shall be
R-1-A: 5
R-1-A: 5
9.A.2 for
Residentia
structure
located
Other
Other
structures
land
1
12
200
s not
behind the
Districts:
Districts:
120 square
Medical
listed
rear building
3
3
feet or
Districts
above
line of the
smaller
principal
structure
Section 4. Amendment of Title 16, Chapter 8, Section 1: Applicability (D): Minor Subdivisions
of the Englewood Municipal Code shall be amended as follows:
§16-8-1: - Applicability.
A. General. This Chapter shall be applicable to all subdivisions or re -subdivisions of land within the
corporate limits of the City of Englewood, and any additional lands over which the City has control
authority under C.R.S. 31-23-212 et. seq., as amended. In addition, this Chapter shall apply to all land
in the process of annexation to the City of Englewood. No plat of a subdivision of land shall be used
for purposes of sale or building development until approved and recorded under the provisions of these
subdivision regulations.
B. Exemptions. This Chapter shall not apply to the following:
1. Any division of land to heirs through an estate proceeding.
2. Any division of land by virtue of the foreclosure of a deed of trust.
3. Any division or combination of land through an Administrative Land Review Permit.
C. Major Subdivisions.
1. Applicability. A Major Subdivision is required whenever a subdivision of land requires the
dedication of land for public rights of way or public areas.
56
2. Procedure for Approval of a Major Subdivision. A Major Subdivision may be approved by the
Commission and Council, subject to the procedures set forth in Section 16-2-10 EMC, "Major
Subdivisions".
D. Minor Subdivisions.
Applicability. A Minor Subdivision includes all of the following actions, provided no such actions
require the dedication of land for streets; or other public areas:
a. Unplatted land is to be platted, divided, or combined with any other land whether platted or
unplatted.
b. A single platted lot is to be divided into two (2) or more lots.
c. A parcel previously platted into lots is to be divided into two (2) or more new lots inconsistent
with the historical platted lines.
d. Adjustment of boundary line(s) between previously platted parcels inconsistent with historical
platted lines.
e. The creation of condominiums, town home communities, and other forms of airspace
ownership or air -right subdivisions, as described and defined in C.R.S. 38-33-101, et seq.,
as amended.
2. Procedure for Approval of a Minor Subdivision. A Minor Subdivision may be approved by the City
Manager or designee, subject to the procedures set forth in Section 16-2-11 EMC, "Minor
Subdivisions and Administrative Land Review Permits". If land dedications are required, or if a
proposed action does not meet one (1) or more of the conditions listed in Section 16-8-1.D.1
EMC, above, then the Major Subdivision procedure in Section 16-2-10 EMC, shall apply.
Section 5. Amendment of Title 16, Chapter 10, Section 1: Enforcement and Section 2: Penalties
of the Englewood Municipal Code shall be amended as follows:
§16-10-1: Enforcement.
A. Enforcement. The provisions of this Title shall be administered and enforced by the
City Manager or designee of the City of Englewood. Zoning enforcement personnel
will have all legal powers necessary to enforce this Title.
B. Enforcement Officer. The Enforcement Officer shall be responsible for the
enforcement of all provisions contained in this Title and is hereby authorized to
undertake all investigations of violations of this Title , to issue notices and orders,
to issue summons and complaints for prosecution in the Englewood Municipal
Court, to bring any legal action in other courts of competent jurisdiction, and to take
other measures as are necessary for the enforcement of the provisions of this Title.
Summons and complaints issued by the Enforcement Officer may be served by the
Enforcement Officer, a Code Enforcement Officer, or a Law Enforcement Officer.
WA
C. Stop Orders. Whenever the use of property or the construction of any building or
structure is contrary to the provisions of this Title, Enforcement Officer may order
the use of the property or the construction to be stopped by serving notice in writing
on any person, firm or corporation engaged in using said property or in doing or
causing such work to be done, or by posting such notice in a conspicuous place on
said property when no such person, firm or corporation can be served in the
aforesaid manner. No oversight or dereliction or error on the part of the City of any
employee of City shall legalize, authorize, or excuse the violation of any of the
provisions of this Title.
D. Enforcement Process.
1. Administrative Notice of Violation
a. Issuance of Administrative Notice. The Enforcement Officer shall provide
written notice to the owners (s) of the premises upon which exists a known
or suspected violation of this Title. Such notice shall be served upon the
owner (s) by posting such notice on the property, by personally serving
the notice to the owners(s), or by sending the notice certified, return
receipt requested via US Mail, postage prepaid, to the last known address
of the owner(s).
b.Receipt of Notice. The notice shall be deemed received immediately if
directly communicated with the owner(s), or primary contact, through
either personal notification or telephone call. Notice shall be deemed
received seventy-two hours after posting the property, publication in a
newspaper of general circulation, or by certified mailing, return receipt
requested via US Postal Service, postage prepaid.
c.Administrative Notice. The administrative notice shall include that
information deemed necessary by the Enforcement Officer, including, but
not limited to: 1) common address or legal description of the property upon
which the violation is located, 2) citation to any section of the Code of
which a violation is alleged to exist, 3) description of the violation (s)
occurring upon the property, 4) an administrative order to correct the
violation within ten (10) days of the receipt of the administrative notice
(unless other provided within a specific section or Chapter of this Title), 5)
notice of the procedure to appeal an administrative notice of violation, and
6) notice that failure to correct such violations may result in criminal
prosecution, including the possible maximum fines and penalties
associated with conviction upon such charges.
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d.Compliance Inspection. Within five (5) days following receipt of the
administrative notice, the property owner or primary contact shall contact
the Enforcement Officer seeking inspection of the property and a
determination that the property is in compliance with the Code. The
Enforcement Officer is authorized to provide one (1) extension to the
administrative notice of no more than five (5) days following an inspection
of the property if the Enforcement Officer believes the property owner
made a good faith but unsuccessful effort to correct the violation (s), and
such violation (s) may be successfully remediated if provided an additional
five (5) days.
2.- Summons and Complaint; Notice to Appeal; Right to Proceed; Fines and Costs
a. If the owner or primary contact fails to schedule a time for the inspection within
ten (10 days following service of the administrative notice (unless otherwise
provided within a specific section or Chapter of this Title), the Enforcement Officer
may seek a search warrant for the inspection of the premises under the provisions
of 1-7A-4 of the Englewood Municipal Code.
b. If the Enforcement Officer has not completed an inspection of the property and a
determination that the property is in compliance with the Code within ten (10) days
following receipt of the administrative notice, the Enforcement Officer is
authorized to issue to the owner a Summons and Complaint and notice to appear
in the Englewood Municipal Court to answer to charges of a violation of this
Chapter.
c. Should any owner(s) of such property contest the charge, the City shall not be
precluded from addressing the violations of this Chapter, or any other Title of the
Englewood Municipal Code which are applicable, through administrative or civil
action to bring the property into compliance with this Chapter or the Englewood
Municipal Code, or any other applicable law or regulation.
d. Any persons found guilty, or by the entering of a plea of guilty or nolo contender,
to any violation of this Title shall be subject to the provisions of the General
Penalty, E.M.C. 1-4-1, and shall be ordered to remediate the violation and bring
the subject property into compliance with this Title.
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e. Any person convicted of a violation of this Title shall be assessed the costs
incurred by the City in association with service of the administrative notice,
including publication and mailing fees, and service of the summons and
complaint, including process server fees, in association with the enforcement of
this Chapter.
Title 16, Chapter 10, Section 2 of the Englewood Municipal Code shall be amended as
follows:
16-10-2 Prohibited Acts
A. Except when acting in conformance with this Title, it shall be unlawful for any person,
property owner, or representative of a property owner to perform any of the following acts:
1. Erect or construct, reconstruct, remodel, alter, maintain, expand, move, or use
any land, building, structure, or sign; or engage in development or subdivision of
any land contrary to the regulations and procedures of this Title.
2. Divide any realty unless there has first been a subdivision plat prepared, approved
and recorded, in accordance with the provisions of this Title.
3. Execute, deliver or record any deed, lease or other instrument of any nature,
which would have the effect of causing a division in any realty unless and until a
plat therefore has been prepared, approved and filed in accordance with the
provisions of this Title. Any such instrument filed in violation to this Title shall be
null, void and of no legal effect whatsoever.
4. Requesting or accepting a building permit, certificate of occupancy or other permit
or certificate approving or authorizing the construction, remodeling, repairing or
occupancy of any improvement, building or other structure upon any realty, which
would have the effect of causing a division of realty, unless there has been
compliance with all of the requirements of this Title.
5. Engage in any development, use, construction, remodeling, or other activity of
any nature in any way inconsistent with the terms and conditions of any permit,
approval, agreement, or other form of authorization required to engage in such
activity.
B. Building Permit Required. It shall be unlawful to commence the excavation for or the
construction of any building or other structure, including accessory structures, or to store
building materials, construct entrances to parking lots or commence the moving,
structural alterations, conversions, extension, enlargements, alteration or repair of any
structure, including accessory structures until a building permit has been issued
therefore.
Section 6. Amendment of Title 16, Chapter 11, Section 2: Definition of Words, Terns, and
Phrases (13): Definition of Words, Terns, and Phrases of the Englewood Municipal Code shall
be amended as follows:
§16-11-2: - Definition of Words, Terms, and Phrases.
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A. Undefined Terms. For words, terms, and phrases used in this Title that are not defined below, or
elsewhere in this Title, the City Manager or designee shall interpret or define such words, terms, and
phrases. In making such interpretations or definitions, the City Manager or designee may consult
secondary sources related to the planning profession for technical words, terms and phrases, including
but not limited to: A Glossary of Zoning, Development, and Planning Terms - Planning Advisory
Service Report491/492, edited by Michael Davidson and Fay Dolnick (American Planning Association,
Chicago, III. 1999); A Survey of Zoning Definitions - Planning Advisory Service Report Number 421,
edited by Tracy Burrows (American Planning Association, Chicago, III. 1989); Zoning and
Development Definitions for the Next Century, edited by Michael Davidson, in Zoning News (American
Planning Association, August 1999); and The Illustrated Book of Development Definitions, by Harvey
S. Moskowitz and Carl G. Lindbloom (Center for Urban Policy Research, Rutgers University. N.J. Third
Edition. 1987). The City Manager or designee may consult Webster's Unabridged Dictionary (Random
House Reference and Information Publishing, New York, 1997), as supplemented, or other available
reference source for other words, terms, and phrases.
B. Definition of Words, Terms, and Phrases
Abandonment: The relinquishment of property or a cessation of the use of the property with the
intention neither of transferring rights to the property to another person(s) nor of resuming the use of the
property or the use.
Abut and/or Adjoin: To physically touch or border upon or to share a common property line.
Acceleration Lane: An added roadway lane that permits integration and merging of slower moving
vehicles into the main vehicular stream.
Access: A way or means of approach to provide physical entrance to a property.
Access Road, Manufactured Home Park: That area privately owned and maintained and set aside
within a manufactured home park for an interior road system, providing principal means of ingress to
individual manufactured home spaces and egress to a street.
Accessory Structure: A detached, subordinate structure, the use of which is clearly incidental and
related to that of the principal structure or use of the land, and which is located on the same lot as that of
the principal structure or use.
Accessory Use: A subordinate use, clearly incidental and related to the principal structure, building or
use of land, and, unless otherwise allowed by this Title, located on the same lot as that of the principal
structure, building, or use.
Adjacent/Adjoining Lot or Land: A lot or parcel of land that shares all or part of a common lot line
with another lot or parcel of land.
Adiacent Property: Property that has a common boundary line with, or that is separated from a parcel
proposed for development by public right-of-way.
Adult Arcade: A specific type of adult use. An establishment where, for any form of consideration, one
(1) or more motion picture projectors, slide projectors or similar machines, for viewing by five (5) or fewer
persons each, are used to show films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual
activities" or "specified anatomical areas". See definition of "Adult Use".
Adult Bookstore: A specific type of adult use. A place where books, magazines, motion pictures,
videos, prints, photographs, periodicals, recordings, novelties and devices, or any of these things, which
have as their primary or dominant theme, matter depicting, illustrating, describing or relating to "specified
sexual activities," are sold, rented or offered for sale to adults. See definition of "Adult Use".
Adult Cabaret: A specific type of adult use. A nightclub, bar, restaurant or similar establishment which
regularly features live performances which are characterized by the exposure of "specified anatomical
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areas" or by "specified sexual activities," or films, motion pictures, video cassettes, slides or other
photographic reproductions which are characterized by an emphasis upon the depiction or description of
"specified sexual activities" or "specified anatomical areas". See definition of "Adult Use".
Adult Dancing Establishment: A specific type of adult use. A business that features dancers displaying
or exposing "specified anatomical areas". See definition of "Adult Use".
Adult Dependent Care: A specific type of home care use. An adult care facility that provides less than
twenty-four (24) hours care, in the permanent residence of the provider, for individuals older than eighteen
(18) years old up to a maximum of four (4) adults. See definition of "Home Care".
Adult Entertainment or Service Facility. A specific type of adult use. An adult bookstore, adult motion
picture booth, adult motion picture theater, adult dancing establishment, adult cabaret, or adult arcade. See
definition of "Adult Use".
Adult Motion Picture Booth: A specific type of adult use. An enclosed area within an adult motion
picture theater designed or used for the viewing by one (1) or two (2) persons of motion pictures which have
as their primary or dominant theme, matters depicting, illustrating or relating to specified sexual activities.
See definition of "Adult Use".
Adult Motion Picture Theater., A specific type of adult use. An enclosed building, or a portion or part of
an enclosed building, or an open-air theater designed to permit viewing by patrons seated in automobiles,
used for presenting on a regular basis, film material which has as its primary or dominant theme, matters
depicting, illustrating or relating to specified sexual activities for observation by adult patrons thereof, and
includes any hotel or motel, boarding house, rooming house, or other lodging for transient customers. See
definition of "Adult Use".
Adult Use: A use category where the principal use of property, 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 attraction to the
premises.
Adverse Impact or Effect. Any of the following:
(A) A condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or
unhealthy conditions on a site proposed for development or on off -site property or facilities.
(B) A condition that creates, imposes, or leads to a nuisance on a site proposed for development or
on off -site property or facilities.
(C) A condition that creates, imposes, aggravates, or leads to a negative aesthetic condition on a
site proposed for development or on off -site property or facilities. For example, a proposed
building that blocks a scenic view corridor or a commercial building whose height and mass is out
of scale and proportion with adjacent residential buildings.
Agricultural Use: A category of uses that primarily involve raising, producing, or keeping plants or
animals, or cultivation and management of other natural resources. Accessory uses may include dwellings
for proprietors and employees, barns, storage of grain, animal raising, feed preparation, and wholesale
sales of products produced on -site.
Alley. A public way less in size than a street, not designed for general travel, which is used primarily
as a means of access to the rear of residences and business establishments, abutting upon it, and which
affords a secondary means of access.
Alteration, Structural: An alteration of a building or structure which alteration affects some portion of
the building or structure in a vital and substantial manner and changes its characteristic appearance; the
term denotes change or substitution in a substantial particular.
Amendment: Any addition, deletion, or revision of the text of this Title or any addition, deletion, or
revision of the Official Zoning Map adopted after public hearings.
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Amusement Establishment: A specific type of indoor entertainment/amusement use. An establishment
offering sports, theatrical productions, game playing, or similar amusements to the public within a fully
enclosed building. This includes theaters, bowling alleys, billiard parlors, and skating rinks. This use does
not include neighborhood recreation centers or such amusements that are accessory to churches, schools,
or colleges. See definition of "Entertainment/Amusement: Indoor".
Ancillary Telecommunications Facilities: All telecommunications facilities as defined herein: except for
towers, antennas, or alternative tower structures.
Animal Sales and Service: Category of uses that involve the selling, boarding, or care of animals on a
commercial basis. Accessory uses may include confinement facilities for animals, parking, and storage
areas.
Animal Shelter (Not For Profit): A use category that includes not -for -profit facilities used to house or
contain stray, homeless, abandoned, or unwanted animals. The facilities are owned, operated, or
maintained by a public body, an established humane society, animal welfare society, or other organization
devoted to the welfare, protection, and humane treatment of animals. Examples include shelters operated
by organizations such as the Society for the Prevention of Cruelty to Animals and the Humane Society.
Animal Shelter (For Profit): A specific type of animal sales and service use. A facility used to house or
contain stray, homeless, abandoned, or unwanted animals that is owned, operated, or maintained by a for -
profit enterprise. See definition of "Animal Sales and Service".
Annexation: The incorporation of a land area into the City of Englewood with a resulting change in the
city boundaries.
Annual: A plant that completes its lifecycle in one (1) growing season.
Antenna: A specific type of telecommunication facility use. Any transmitting and/or receiving device
used in communications that radiates or captures electromagnetic waves, digital signals, analog signals,
radio frequencies, wireless telecommunications signals, or other communications signals. "Antenna"
includes whip antenna, microwave antenna, and sectorized panel antenna. See definition of
"Telecommunication Facility".
Antique Store: A specific type of retail sales and service (sales) use. Any premises used for the sale
or trading of articles of which eighty percent (80%) or more are over fifty (50) years old or have collectible
value. An "antique store" does not include the collection, recycling, sale, or storage of "junk" as that term is
defined in this Chapter. See definition of "Retail sales and Service (Sales)".
Appeal. A request for review by a higher authority of the final decision made by the decision -making
body on an application for development.
Appeal, Administrative: An appeal where it is alleged by the appellant that there is error in any order,
requirement, decision, or refusal made by an administrative official or agency based on, or made in the
application of, the standards or enforcement of this Title in a specific situation, with limited necessity for
reference to general goals and policies of this Title or the Comprehensive Plan.
Applicant: Unless otherwise specified, an owner or other person with a legal property interest, including
heirs, successors, and assigns, or an owner's authorized agent, who has filed an application for subdivision
or development.
Application, Complete: See definition of "Complete Application".
Arcade: A continuous area open to a street or plaza, and which is accessible to the public. Any portion
of an arcade occupied by building columns, landscaping, statuary, or pools, shall be considered to be a
part of an arcade for the purpose of computing required landscaping. The term "arcade" shall not include
off-street loading areas, driveways, off-street parking areas, or pedestrian ways accessory thereto.
Area: The term "area" is synonymous with the word "tract," which is a piece of land capable of being
described with such precision that its location may be established and boundaries definitely ascertained.
Art Gallery., A specific type of retail sales and service (sales) use. An establishment engaged in the
sale, loan, or display of art, books, paintings, sculpture, or other works of art. This definition of art gallery
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does not include libraries, museums, or non-commercial art galleries. See definition of "Retail Sales and
Service (Sales)".
Assembly Hall orAuditorium, Hall Rental for Meetings or Social Occasions: A specific type of assembly
use. A building or a portion of a building in which facilities are provided for civic, educational, political, or
social purposes or a facility available for lease by private parties. See definition of "Assembly".
Assembly. This use category includes spaces used for the periodic gathering of large numbers of
people for meetings, specific events, or shows. Activities may be of a spectator nature. Accessory uses
may include offices, meeting areas, food preparation areas, concessions, parking, and maintenance
facilities.
Assessed Valuation: The value at which property is appraised for tax purposes.
Athletic Field., A specific type of parks and open space use. Land, often requiring equipment, owned
by a unit of government and designed for outdoor games and sports such as baseball, football, and soccer.
See definition of "Parks and Open Space".
Auction House: A specific type of retail sales and service (sales) use. Any establishment in which is
carried on the business of auctioning articles for sale by public outcry and where such items offered for
auction are sold immediately to the highest bidder. See definition of "Retail Sales and Service (Sales)".
Authorized Service Vehicle: Such highway or traffic maintenance vehicles as are publicly owned and
operated on a highway by or for a governmental agency, the function of which requires the use of service
vehicle warning lights as prescribed by State law, and such other vehicles having a public service function,
including, but not limited to, public utility vehicles and tow trucks, as determined by the state department of
highways. Some vehicles may be designated as both an authorized emergency vehicle and an authorized
service vehicle.
Automobile: Any motor vehicle.
Automobile Pawnbroker., A specific type of vehicle and equipment use. An establishment regularly
engaged in the business of making contracts for automobile purchase or automobile purchase transactions
in the course of business. See definition of "Vehicle and Equipment".
Automobile Shredding: Includes but is not limited to the shredding, crushing, baling, compacting or
similar process that reduces motor vehicles, trailers, or parts thereof to their constituent parts or to a form
suitable for further processing.
Automobile Wrecking/Salvage Yard: A specific type of waste/salvage use. An area where the business
of auto wrecking and dismantling and the storage, sale or dumping of dismantled, obsolete, or wrecked
vehicles or their parts prevail. This term shall not include the term "junk yard" or include auto shredding and
crushing services. See definition of "Waste/Salvage".
Automobile Wrecking and Dismantling: The dismantling or wrecking of motor vehicles, trailers, or parts
thereof. Automobile wrecking and dismantling shall include auto parting, salvage, recycling, and similar
operations. Automobile wrecking and dismantling shall not include automobile shredding, crushing, baling,
or compacting.
Automotive Sales, Rental: A specific type of vehicle and equipment use. An establishment arranged,
designed, or used for the display, sale, leasing, or rental of any new or used motor vehicle in operable
condition, and where no repair work is done except minor incidental repair of automobiles and necessary
reconditioning of the cars to be displayed and sold on the premises. See definition of 'Vehicle and
Equipment'.
Automotive Service and Repair, Including Body or Fender Work: A specific type of vehicle and
equipment use. An establishment engaged in the repair and maintenance of automobiles, motorcycles,
trucks, trailers, or similar vehicles. Services include body, fender, muffler, or upholstery work, oil change
and lubrication, tires, and painting. See definition of "Vehicle and Equipment'.
Automotive Service and Repair, Not Including Body or Fender Work. A specific type of vehicle and
equipment use. An establishment engaged in the repair and maintenance of automobiles, motorcycles,
M.
trucks, trailers, or similar vehicles, not including body or fender work. See definition of "Vehicle and
Equipment".
Automotive Service Station (Gasoline Facility): A specific type of vehicle and equipment use. Any
building, place or location designed to supply motor vehicles with gasoline, oils, greases, automobile
sundries, or for the inspection, testing and examination of said motor vehicles, or for the minor repair or
replacement of parts thereof, and shall include gasoline pumps and oil pumps. See definition of "Vehicle
and Equipment".
Awning: A shelter supported entirely from the exterior wall of a building and of a type that can be
retracted, folded, or collapsed against the face of the supporting building.
Banner: An accessory sign made of cloth, canvas, plastic, fabric, or flexible material of any kind with
only such material for backing. National flags, state or municipal flags, shall not be considered banners.
Basement: An area below the first floor, having part, but no more than one-half ('/s) of its height above
grade, and with a floor to ceiling height of not less than seven feet (T). This term shall not include "garden
level".
Basement (for floodplain purposes): See 164-11 EMC: Floodplain Definitions.
Bed and Breakfast: A specific type of visitor accommodation use. A commercial establishment
operated in an owner -occupied, one -unit dwelling unit, or portion thereof (including an accessory building),
that provides short-term visitor lodging (generally stays of thirty (30) days or less), with orwithout the service
of a morning meal only, and where the operator lives on the premises. No more than six (6) guests may be
accommodated at any one time. See definition of "Visitor Accommodation".
Beer.- An alcoholic beverage made by brewing and fermentation from cereals, usually malted barley,
and flavored with hops and the like for a slightly bitter taste. Beer shall not contain greater than six percent
(6%) alcohol by volume, otherwise it shall be classified as a "spirituous liquor". Or, as this definition may be
modified in C.R.S. 12-47-103.
Berm: A mound of earth, or the act of pushing earth into a mound, usually for the purpose of shielding
or buffering uses, or to control the direction of water flow.
Bicycle Lane: A portion of a street right-of-way designated for the use of bicycle traffic.
Bicycle Path: A paved or otherwise surfaced off-street lane designated for bicycle traffic.
Bikeway. A pathway, which may be paved and separated from streets and sidewalks, designed to be
used by bikers.
Block: A tract of land bounded by platted streets, public parks, cemeteries, railroad rights -of -way, shore
lines, or corporate boundaries of the city.
Block Face: A lot or lots fronting on one (1) side of a block. The "same" block face includes only those
lots fronting on the same side of the block as the subject property. The "facing block face" includes those
lots located on a different block from the subject property/lot, but located directly across the street from and
fronting the same street as the subject property/lot and bounded by the same intersecting streets as the
subject property's block.
Board: The Board of Adjustment and Appeals of the City of Englewood.
Boarder.., An individual, other than a member of the household occupying the dwelling unit or a part
thereof, who, for a consideration, is furnished sleeping accommodations and may be furnished meals or
other services as part of the consideration.
Boarding or Rooming House: An owner occupied, one -unit dwelling containing two (2) but not more
than four (4) guest rooms where lodging is provided to boarders, with or without meals, for compensation.
The lodging shall be long-term residential lodging with stays greater than thirty (30) days per boarder. This
use is not a visitor accommodation nor a home occupation as defined herein. "Compensation" may include
money, services, or other things of value.
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Body Piercing: Any method of creating an opening in the human body, including but not limited to the
ear, eyebrow, genitals, lip, navel, nose, or tongue, for the purpose of inserting any decorative jewelry or
other decoration.
Boundary Line: Every separation, natural or artificial, which marks the confines or line of division of
two (2) contiguous parcels of land.
Brewery: Any establishment, licensed by the appropriate State and Federal authorities, where malt
liquors or fermented malt beverages are manufactured, except brew pubs as defined. Or, as this definition
may be modified in C.R.S. 12-47-103.
Brewpub: A restaurant that includes the brewing of beer as an accessory use. The volume of beer
production of such facility shall not exceed two thousand four hundred (2,400) barrels per year.
Brightness: For the purpose of sign illumination, brightness is the visual sensation related to the
intensity of light emanating from the face of a sign.
Buffering. Methods such as extra deep lots, increased setbacks, landscaping, fencing, or berming to
separate properties or uses that may have potential adverse impacts upon one another.
Building: Any structure having a roof supported by columns or walls for the housing or enclosure of
persons, animals, or chattels. When any portion thereof is completely separated from every other portion
thereof by a division wall without openings, then each such portion shall be deemed to be a separate
building.
Building, Detached. A building having no party wall in common with another building.
Building Envelope: The three-dimensional space within which a structure is permitted to be built on a
lot and which is defined by maximum height regulations, yard setbacks, and sky exposure (bulk) plane
regulations.
Building Frontage: The horizontal linear dimension of a building facade, or portion occupied by a use
that faces a public street. A corner use shall be permitted to use the secondary facade to determine total
"building frontage".
Building, Principal., A building in which is conducted the principal use of the lot on which it is situated
Building Site: See definition of "Lot".
Bulk., The size of buildings or other structures and their relationships to each other and to open areas
and lot lines, and therefore includes: (a) the size of buildings or other structures, and (b) the area of the lot
upon which a residential building is located, and the number of dwelling units or rooms within such building
in relation to the area of the lot, and (c) the shape of buildings or other structures, and (d) the location of
exterior walls of buildings or other structures in relation to lot lines, to other walls of the same building, to
legally required windows, or to other buildings or other structures, and (e) all open areas relating to buildings
or other structures and their relationship thereto.
BusinessBusiness Use: The employment of one (1) or more persons for the purpose of earning a
livelihood, activities of persons to improve their economic conditions and desires, and generally related to
commercial and industrial engagements.
Buy -Back, Second -Hand, Thrift, Consignment Store; Large: A retail establishment that deals primarily
in second-hand apparel, household goods, furniture, books, or appliances with a floor area of twelve
thousand (12,000) square feet or more.
Buy -Back, Second -Hand, Thrift, Consignment Store; Small. A retail establishment that deals primarily
in second-hand apparel, household goods, furniture, books, or appliances with a floor area of less than
twelve thousand (12,000) square feet.
Caliper. The inch diameter of the trunk of a tree measured four feet (4') above grade.
Canopy: A roof -like structure supported by the building and a minimum of one (1) stanchion.
•.
Caretaker's Quarters: A dwelling unit located on the same premises as'a principal commercial or
industrial establishment, which unit is occupied or intended for occupancy by a caretaker employee or
owner of said commercial or industrial establishment.
Carnival/Circus: A temporary amusement center, bazaar, or fair, either involving use of special
purpose equipment or conducted by professional operators, or both, and where activities include such
things as rides, exhibitions, food services, sales, or small-scale games.
Carport: A one-story structure entirely open on one (1) or more sides used for vehicle parking or
storage.
Car Wash, Auto Detailing: A specific type of vehicle and equipment use. A commercial establishment
that washes, cleans, and/or waxes automobiles or other motor vehicles, whether or not in conjunction with
other goods or services provided to customers. See definition of "Vehicle and Equipment".
Caterer., A specific type of food and beverage service use. A service consisting of preparation and
delivery of food and beverages for off -site consumption, without provision for on -site pickup or consumption.
See definition of "Food and Beverage Service".
Cellar., That portion of building below the first floor joists, at least half of whose clear ceiling height is
below the main level of the adjacent ground; which portion of a building shall not be used for habitation.
Centerline: The centerline of a street or alley that has been fully dedicated to its required width. Where
all of the required width of public right-of-way exists in an offset or angular manner or has not been
dedicated, the City Engineer shall determine the alignment of the centerline.
Change of use: Any use that substantially differs from the previous use of a building or land.
Channel: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine
and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing
within the limits of the defined channel.
Check Cashing Facility: A specific type of financial institution use. An establishment that for
compensation engages in the business of cashing checks, warrants, drafts, money orders, or other
commercial paper serving the same purpose. This classification does not include a state or Federally
chartered bank, savings association, credit union, or industrial loan company. Further, this classification
does not include establishments selling consumer goods, including consumables, where the cashing of
checks or money orders is incidental to the main purpose of the business. See definition of "Financial
Institution".
City: The City of Englewood, Colorado.
Clinic: A specific type of medical/scientific service use. A building in which a group of physicians,
dentists, or members of allied professions are associated for the purpose of carrying on their profession.
The clinic may include a dental and/or medical laboratory and, as an accessory use, may provide for the
dispensing of pharmaceutical or medical supplies, including optical supplies. It shall not include in -patient
care. See definition of "Medical/Scientific Service".
Collector Street System: A system of one (1) or more collector street(s) that allows traffic to be
distributed to at least two (2) arterial streets.
Colocation: The placement of antennas or other telecommunications facilities by two (2) or more
telecommunications providers in the same location or on the same tower or alternative tower structure.
Commercial Establishment, Use, or Development: An activity involving the sale of goods or services
carried out for profit. Includes office, retail, services, wholesale trade, and other similar development.
Commercial Incinerator. A specific type of waste/salvage use. An engineered apparatus used to burn
waste substances and in which all the combustion factors, temperature, retention time, turbulence and
combustion air, can be controlled. See definition of "Waste/Salvage".
Commercial Storage of Operable Vehicles: A specific type of vehicle and equipment use. Any building,
structure, or area of land used primarily for the temporary storage of commercial vehicles in working order.
See definition of "Vehicle and Equipment".
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Commercial Vehicle: Any vehicle designed, maintained or used primarily for the transportation of
property.
Commission: The Planning and Zoning Commission of the City of Englewood, Colorado.
Common (Party) Wall., See definition of "Party Wall".
Community Garden: A specific type of parks and open space use. A private or public facility for
cultivation of fruits, flowers, vegetables, or ornamental plants by more than one (1) person or household.
See definition of "Parks and Open Space".
Compatibility., The characteristics of different uses or activities or designs that allow them to be located
near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale,
mass, and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation,
access, and parking impacts. Other important characteristics that affect compatibility are landscaping,
lighting, noise, odor, building materials, and building architecture. Compatibility does not mean "the same
as". Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of
existing development.
Complete Application: An application form required by this Title, and all accompanying fees, submittal
documents, and exhibits, including all items or exhibits specified by the City Manager or designee during a
pre -application conference. An application shall be considered 'complete" only upon certification by the
City Manager or designee, pursuant to Section 16-2-3.E. EMC.
Comprehensive Plan: The City Comprehensive Plan developed by the Commission and adopted by
the Council for the physical development of the City, which includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.
Conditional use: A use permitted in a particular zone district only upon showing that such use in a
specified location, will comply with all conditions and standards for the location or operation of such use as
specified in this Title and authorized by the Commission.
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 common interest community is not a condominium unless the
undivided interests in the common elements are vested in the unit owners.
Contiguous: Lot or Land is contiguous when at least one boundary line of one lot/parcel of land touches
a boundary line or lines of another lottparcel of land.
Contract for purchase: A contract entered into between a pawnbroker and a customer pursuant to
which money is advanced to the customer by the pawnbroker on the delivery of tangible personal property
by the customer to the pawnbroker on the condition that that customer, for a fixed price and within a fixed
period of time, not to exceed ninety (90) days, has the option to cancel the contract and recover from the
pawnbroker the tangible personal property.
Convenience store: A specific type of retail sales and service (sales) use. A retail establishment
offering for sale food and beverage for off -site consumption, household items, newspapers and magazines,
and other small convenience items typically found in establishments with long or late hours of operation. A
convenience store has a gross floor area no larger than five thousand (5,000) square feet. This definition
excludes delicatessens or other specialty food stores, as defined below. Exception: establishments at which
twenty percent (20%) or more of the transactions are sales of prepared food for on -site consumption shall
be classified as food and beverage service uses rather than convenience stores. See definition of "Retail
Sales and Service (Sales)".
Council: The City Council of the City of Englewood, Colorado.
Crematorium: A specific type of retail sales and service (personal service) use. A service establishment
containing properly installed, certified apparatus intended for, or used for, the act of cremation. See
definition of "Retail Sales and Service (Personal Service)".
M
Cul-de-sac: A short street having one (1) end open to traffic and being terminated at the other end by
a vehicular turnaround.
Decibel: A unit of sound pressure level.
Deciduous: Plants that drop their leaves before becoming dormant in winter.
Decision -Making Body: The entity or body (typically the Council, Commission, Board, City Manager or
designee, or other Administrative Staff) authorized to approve or deny a land development application or
permit required under this Title.
Density. The number of families, persons, or dwelling units per acre of land.
(A) Gross Density. The number of families, persons, or dwelling units per gross acre of land. Gross
acreage is the total land area, including public rights -of -way.
(B) Net Density. The average number of families, persons, or dwelling units per net acre of land. Net
acreage is the total land area less land area devoted to public rights -of -way.
Denver Metropolitan Area: The area defined within the Denver Regional Council of Governments
(DRCOG), Metropolitan Planning Organization (MPO) Boundary.
Dependent Care Center.' This use category includes facilities that provide care, protection, and
supervision for children or adults on a regular basis away from their primary residence for less than twenty-
four (24) hours per day. Accessory uses include offices, recreation areas, and parking. Exceptions: this
category does not include public or private schools or facilities operated in connection with an employment
use, shopping center, or other principal use, where children are cared for while parents or guardians are
occupied on the premises or in the immediate vicinity.
Detached Structure: A structure having no party wall in common with another structure.
Detention Facility. A specific type of group living use. Detention facilities include:
(A) Facilities for the judicially required detention or incarceration of people, where inmates and
detainees are under twenty-four (24) hour supervision by sworn officers, except when on an
approved leave; or
(B) Group homes, halfway houses, or alternatives to incarceration for individuals previously
convicted of sexual assaults, sexual abuse, or other sex -related criminal offenses; or
(C) Group homes, halfway houses, or alternatives to incarceration containing any individual who will
be subject to the issuance of an arrest or escape warrant if they leave the facility.
Provided that the use otherwise complies with this definition, a detention facility may include, by way of
illustration, a prison, jail, probation center, juvenile detention home, or halfway house for sex offenders.
Detention facilities do not qualify as .either small group living facilities, small treatment centers, or
large/special group living facilities. See definition of "Group Living".
Developer.' The legal or beneficial owner or owners of a lot or of any land included in a proposed
development, including the holder of an option or contract to purchase, or other persons having enforceable
proprietary interests in such land.
Development: Any man-made change to improved or unimproved real estate, including the
construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure;
any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land.
Development Agreement Contracts between a developer and the City of Englewood in connection
with any discretionary development approval, including without limitation rezoning, subdivision, or PUD
approval. Development Agreements may include provisions clarifying the phasing of construction, the
timing, location and financing of infrastructure, reimbursement for oversized infrastructure, vesting of
property rights for periods beyond the three (3) year statutory term, assurances that adequate public
facilities (including roads, water, sewer, fire protection and emergency medical services) will be available
as they are needed to serve the development, and mitigation of anticipated impacts of the development on
the general public.
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Development (forfloodplain purposes): See 16-4-16 EMC: Floodplain Definitions.
Development Review Team (DRT): An ad hoc review body that conducts ore -application meetings as
needed consisting of representatives from City departments as requested by the applicant or required by
the City Manager or designee. The DRT provides responses to the proposed application and comments
are forwarded to the applicant for consideration in a final application.
Director." Director of the Department of Community Development.
Distance of Sign Projection: The distance from the exterior wall surface of the building, or from the
furthest point on a mansard roof, to the display face of a wall sign.
Distillery: An establishment, licensed by the appropriate State and Federal authorities, where
spirituous liquors are manufactured. Or, as this definition may be modified in C.R.S. 1247-103.
Divide or Division: Any act which would have the effect, either legally or practicably, of causing a
separation of a single tract or parcel of realty into two (2) or more tracts, parcels, lots, or sites.
Dormitory., A facility used as living quarters for more than four (4) students enrolled in classes or
activities at a college, university, or boarding school, including without limitation a fraternity or sorority house
owned or operated by an entity other than the college, university, or boarding school.
Drainage:
(A) Surface water runoff.
(B) The removal of surface water or ground water from land by drains, grading, or other means
which include runoff controls to minimize erosion and sedimentation during and after construction
or development; the means for preventing or alleviating flooding.
Drip line: A vertical line extending from the outermost branches of a tree to the ground.
Drive -Through or Drive -In Facility: An establishment that by design, physical facilities, service, or by
packaging procedures, permits customers or users to receive services or to obtain goods while remaining
in their motor vehicles.
Driveway., An improved and maintained way providing vehicular access from the public street to a
parking area, garage or carport, or to other uses.
Driveway, Hollywood. A driveway that includes within its width portions or strips of unpaved ground
that are typically landscaped. (See Figure 16-11(1)).
Dry cleaner, drop-off site only: A specific type of retail sales and service (personal service) use. An
establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the
maintenance or operation of any laundry or dry-cleaning equipment or machinery on the premises. See
definition of "Retail Sales and Service (Personal Service)".
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Dwelling: Any building or portion of building that is used as the residence of one (1) or more
households, but not including visitor accommodations, clubs, hospitals, tents, or similar uses providing
transient or temporary accommodation.
Dwelling, Live/Work., A specific type of household living use. A combination of residential occupancy
and commercial activity located within a dwelling unit. A "live/work dwelling" use is a principal use and the
commercial activity is not a home occupation. Typical work activities in a live/work dwelling may include, by
way of example only, professional services, craftwork, art studios, jewelry making, fabrication of cloth
goods, and other similar activities. See definition of "Household Living".
Dwelling, Multi -Unit: A specific type of household living use. A dwelling containing two (2) or more
dwelling units.
Dwelling, One -Unit. A dwelling containing no more than one (1) dwelling unit. A specific type of
household living use. A one -unit dwelling that is not attached to any other dwelling by any means, and is
located on a separate lot from any other dwelling unit. A one -unit dwelling may include a manufactured
home in compliance with the standards set forth in Section 16-5-2.A.3 EMC. See definition of "Household
Living".
Dwelling, One -Unit, On a Small Lot: A specific type of household living use. A one -unit dwelling sited
on a "small lot," as that term is defined in Section 16-11-2 EMC — (Definition of Words, Terms, and
Phrases), below. See definition of "Household Living".
Dwelling Unit. One (1) or more rooms and a single kitchen and at least one (1) bathroom, designed,
occupied, or intended for occupancy as separate quarters for the exclusive use of a single household, for
household living purposes (i.e., living, cooking, and sanitary purposes), located in a dwelling.
Dynamic Displays: A generic term for non-traditional signage encompassing signs with moving parts,
LED displays, moving images, and electronic messages.
Earth Removal., The removal or extraction of any stone, sand, gravel, loam, topsoil, or other earth or
earth product from a lot or parcel of land, except where such removal is for the purpose of grading a lot
upon which a building is to be erected, a roadway to be built, or a platting thereof to be made.
Easement. A grant of one (1) or more of the property rights by the property owner to and/or for the use
of the public, a corporation or another person or entity.
Eaves: The projecting lower edges of a roof overhanging the wall of a building.
Education Institution: A specific type of school use. Facilities include elementary or secondary public
or private schools, parochial schools irrespective of denomination and having a course of study substantially
equivalent to that of a public school, private schools having a course of study substantially equivalent to
that of a public school, colleges and universities, professional schools, business or trade schools, and
special schools for the blind and/or physically disabled. Exception: business or trade schools are classified
under commercial uses as a distinct type of school use. See definition of "School".
Egress: An exit.
Embankment. An elevated man-made or natural deposit of soil, rock, or other materials.
Emergency Temporary Shelter: A structure or portion of a structure providing temporary housing for
persons in need of shelter due to limited financial resources (including people who are homeless), weather -
related emergencies, or other emergencies. Occupancy is permitted on a twenty-four (24) hour basis.
Accessory services that also may be provided at the facility include food, counseling, transportation
services, and services to support the personal care of the residents of the facility including medical care,
dental care, and hygiene.
Encroachment: Any obstruction in a delineated floodway, right-of-way, or adjacent land.
Enlargement, or to Enlarge: An "enlargement" is an addition to the floor area of an existing building,
an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by
an existing use. To "enlarge" is to make an enlargement.
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Entertainment/Amusement, Indoor., A use category that includes any commercial
recreation/entertainment facility operated in an indoor setting, including, but not limited to, a bowling alley
or pool hall. Exception: adult activities are included in the adult use category.
Entertainment/Amusement, Outdoor. A use category that includes large, commercial uses that provide
continuous recreation or entertainment -oriented activities. They primarily take place outdoors. They may
take place in a number of structures that are arranged together in an outdoor setting. Examples include
intensely developed, for -profit recreational uses such as amusement parks, miniature golf courses, batting
cages, skateboard or skate courses, bicycle motocross courses, go-cart tracks, water slides, drive-in
theaters, and courses for paramilitary games. Accessory uses may include restaurants, bars, concessions,
parking, and maintenance facilities.
Environmental Assessment. An evaluation of the environmental condition of property consisting of the
following three (3) phases:
(A) "Phase I Assessment" shall, at a minimum, consist of physical examinations and review of
historical ownership of the property and adjacent property, as stated in the American Society for
Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process, designation E 1527-00 (as amended), and culminate
in a written report of findings, including a recommendation on whether a Phase II assessment is
necessary.
(B) "Phase II Assessment' shall, at a minimum, consist of a physical examination of the property,
and adjacent property if feasible, including an examination of any facilities, processes, and
practices thereon; such physical examination shall include any tests and samplings of soil, water,
air, vegetation, facilities or any improvements as required by the City as a result of information
provided in the Phase I assessment to determine the presence or absence of hazardous
substances on the property. A Phase II assessment shall comply with the American Society for
Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase II
Environmental Site Assessment Process, designation E 1903-97 (as amended). This phase shall
culminate in a written report of findings on any testing and sampling results as well as a
recommendation on whether any remediation is necessary, and, if so, a description thereof. The
reporting shall be subject to compliance with Federal, State, and local regulations or
requirements.
(C) "Phase III Assessment' shall, at a minimum, consist of remediation of hazardous substances on
the property as recommended by a Phase II assessment, subject to compliance with Federal,
State, and local regulations or requirements.
Equipment Rental: A specific type.of retail sales and service (repair and rental) use. The rental of
supplies and equipment primarily intended for homeowner use and minor residential gardening and
construction projects, but not including car or truck rentals. All maintenance of equipment shall be
conducted within an enclosed building. This use classification does not include the rental, storage, or
maintenance of large construction or other commercial heavy equipment. See definition of "Retail Sales
and Service (Repair And Rental)".
Erosion: The detachment and movement of soil or rock fragments, or the wearing away of the land
surface by water, wind, ice, and gravity.
Evaluation: A process to measure the success of an activity and how closely the results meet the
anticipated outcome defined as part of the initial phase of the activity.
Evergreen: A plant with foliage that persists and remains green year round.
Excavation: Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances
or organic substances other than vegetation, from water or land on or beneath the surface thereof, or
beneath the land surface, whether exposed or submerged.
Existing Grade or Elevation: The vertical location of the ground surface prior to excavating or filling.
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Existing Manufactured Home Park: A mobile or manufactured home park existing within the City of
Englewood before August 8, 1994, or existing on the date of annexation within territory annexed to the City
of Englewood subsequent to the effective date of this Title.
Existing Use: The use of a lot or structure at the time of the enactment of this Title.
Extension: An increase in the amount of existing floor area used for an existing use within an existing
building. To "extend" is to make, an extension.
Exterior Wall. The most exterior part of a wall; any wall that defines the exterior boundaries of a building
or structure.
FAA: The Federal Aviation Administration.
Fabrication: Stamping, cutting, or otherwise shaping processed materials into useful objects.
Facade: The exterior wall of a building exposed to public view or that wall viewed by persons not within
the building.
Factory -Built Home: A dwelling unit that is constructed and assembled at a factory and transported to
the building's site and placed on a pre -built foundation.
Family Child Care Home: A specific type of home care use. Family child care home shall mean a
facility for child care in the permanent residence of the provider for the purpose of providing day care and
training for a child or children away from their primary residence for less than twenty-four (24) hours per
day. Children being cared for in a family child care home are under the age of twelve (12) years and are
not related to the care provider. A day care home shall provide care, protection, and supervision to no more
than six (6) children at one time, including the children of the provider, and for no more than three (3)
children under two (2) years of age including the children of the provider. See definition of "Home Care".
Farmers Market: The seasonal offering for sale of fresh agricultural produce, fruits, flowers, food and
beverages, and arts and craft items (but not including second-hand goods) directly to the consumer at an
open-air market.
FCC. The Federal Communications Commission.
Fence: An artificially constructed barrier of any material or combination of materials erected to enclose
or screen areas of land.
Fill: Sand, gravel, earth, or other materials of any composition whatsoever placed or deposited by
artificial means.
Final Approval or Decision: The last official action of the decision -making body, taken on a
development plan which has been given preliminary approval, after all conditions and requirements have
been met, and the required improvements have been installed or guarantees properly posted for their
installation, or approval conditioned upon the posting of such guarantees.
Financial Institution: A use category that includes establishments that provide retail banking services,
mortgage lending, and similar financial services to individuals and businesses. This use category includes
those institutions engaged in the on -site circulation of cash money and check -cashing facilities, but shall
not include bail bond brokers. Accessory uses may include automatic teller machines, offices, and parking.
Financial institutions may or may not have drive -through service depending on the zoning district in which
they are located.
Finish Elevation: The proposed elevation of the land surface of a site after completion of all site
preparation work. See definition of "Grade, Finished".
Fire Lane: That portion of a street right-of-way or a paved or otherwise surfaced off-street lane
designated to assure access by emergency vehicles.
Fixed Price: As relates to pawnbrokers and secondhand dealer uses, the amount agreed upon to
cancel a contract for purchase
during the option period. Said fixed price shall not exceed:
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(A) One -tenth ( 1/10 ) of the original price for each month, plus the original purchase price, on
amounts of fifty dollars ($50.00) or over; or
(B) One -fifth ( 1/5 ) of the original purchase price for each month, plus the original purchase price,
on amounts under fifty dollars ($50.00).
Fixed Time: As relates to pawnbrokers and secondhand dealer uses, that period of time, not to exceed
ninety (90) days, as set forth in a contract for purchase, within which the customer may exercise an option
to cancel the contract for purchase.
Flag., Any fabric, or similar material containing distinctive colors, patterns, or designs, attachable at
one (1) edge to a staff or cord, and used as a symbol of a government or political subdivision thereof. All
other such devices shall be considered banners.
Floor Area: The sum of the areas of the several floors of the structure, as measured by the exterior
faces of the walls, including fully enclosed porches and the like as measured by the exterior limits thereof,
but excluding:
(A) Garage space which is in the basement of a building or, in the case of garage space accessory
to a dwelling, is at grade;
(B) Basement and cellar areas devoted exclusively to uses accessory to the operation of the
structure; and
(C) Areas elsewhere in the structure devoted to housing mechanical equipment customarily located
in the basement or cellar such !as heating and air conditioning equipment, plumbing, electrical
equipment, laundry facilities, and storage facilities.
Floor Area Ratio: The total floor area on a lot divided by the land area of that lot.
Food and Beverage Service: A use category that includes establishments (e.g., restaurants, cafes,
coffee shops, bars, taverns, and any food/beverage sales establishments) that sell food for on- or off -
premise consumption. Accessory uses may include decks and patios for outdoor seating, drive -through
facilities, customer and employee parking areas, and valet parking facilities.
Food Vendor Cart, A specific type of temporary outdoor sales use. A cart, table, or apparatus, which
is not a structure, designed and intended so as to not be a permanent fixture, and which is used for the
retail sale, display, and accessory advertising only of food and/or drink. See the related definition of "Retail
Vendor Cart'.
Frame: A complete, static display message on an electronic message display.
Frame Hold Time: The time interval a static frame must remain on the display before transitioning to
another frame.
Frontage: All of the property fronting on one side of an intersecting or intercepting street, or between
a street and right-of-way, end of dead-end street, waterway, or City boundary measured along the street
line. (An intercepting street shall determine only the boundary of the frontage on the side of the street that
it intercepts.)
Front Lot Coverage: See definition of "Lot Coverage, Front'.
Fuel Dispensing: A specific type of vehicle and equipment use. Any building, structure, or area of land
used for the retail sale of automobile fuels, oils, and accessories. See definition of "Vehicle and Equipment'.
Fuel Storage: A specific type of warehouse/storage use. The storage of fuels in above ground or below
ground storage containers designed for wholesale distribution or mass consumption. See definition of
"Warehouse/Storage".
Garage: An accessory building or portion of a principal building that is intended or used primarily for
the storage of motor vehicles, and which is enclosed in such a manner that the stored or parked motor
vehicle is contained entirely within the building.
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Garage, Attached: A structure intended for the storage of motor vehicles with a party wall in common
with a habitable space/room, as defined herein, within the principal structure. Said common party wall shall
be a minimum of four (4) linear feet in length. When a detached garage is later permitted to be attached to
a principal structure, the party wall and principal structure dimensional, setback and bulk plane
requirements shall apply.
Garage, Detached: Any garage which does not meet the definition of attached garage in this Title.
Garage, Front -Loaded: A private residential garage that is accessed from a street other than an alley
and that has garage doors parallel to the access street.
Garage, Private: A garage that is not operated for gain and in which no business is conducted.
Garage, Public:
(A) Any garage, other than a private garage, available to the public and typically operated for gain.
(B) A public parking garage may include accessory off-street parking spaces limited to such spaces
that are accessory to other uses on the same development parcel.
Garage, Side -Loaded., A private residential garage that is accessed from a street other than an alley
and that has garage doors perpendicular to the access street.
Garden Level: An area below the first floor, having at least one-half ('/) of its height above grade.
General Outdoor Recreation: A specific type of outdoor entertainment/amusement use. Privately
owned land, often requiring equipment, designed for outdoor games and sports such as baseball, football,
and soccer. Also includes mini -golf courses, driving ranges, water parks, and athletic fields. See definition
of "Entertain ment/Amusement, Outdoor'.
Glare: The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual
performance and visibility.
Government and City Facilities: This use category includes facilities for the operation of local, State,
or Federal government. Accessory uses include maintenance, storage, and fueling facilities; satellite
offices; and parking areas. Examples include post offices; emergency response facilities (police, fire, and
medical); maintenance facilities; and post offices. This definition does not include:
(A) Passenger terminals for surface transportation (included under transportation facility).
(B) Water, wastewater, gas, electric, and other infrastructure services, whether public or private
(included under utility facility).
(C) Waste and recycling services (classified as waste/salvage).
Grade: The degree of rise or descent of a sloping surface.
Grade, Building: In cases where all walls of the principal building are more than five feet (5) from the
nearest street line, the mean elevation of the ground adjoining the building on all sides; and in all other
cases, the mean elevation of the nearest sidewalk.
Grade, Finished. The final elevation of the ground surface after development.
Greenhouse/Nursery, Raising of Plants, Flowers, and Nursery Stock: A specific type of agricultural
use. An establishment where flowers, shrubs, vegetables, trees, and other horticultural and floricultural
products are grown both in open and enclosed buildings. See definition of "Agricultural Use".
Grocery/Specialty Food Store: A specific type of retail sales and service (sales) use. A retail
establishment offering for sale primarily food and beverage for off -site consumption, specializing in the sale
of one type of food item, and/or maintaining a sizable inventory of fresh fruits, vegetables, fresh -cut meats,
or fresh seafood. A grocery/specialty food store may also include sales of personal convenience and small
household goods. Grocery/specialty food stores include, but are not limited to, bakeries, delicatessens,
seafood sales, and meat or poultry stores (e.g., butcher shops). Exception: establishments at which twenty
percent (20%) or more of the transactions are sales of prepared food for on -site consumption shall be
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classified as food and beverage service uses rather than grocery/specialty food stores. See definition of
"Retail Sales And Service (Sales)".
Ground Cover.' Grasses or other plants grown to keep soil from being blown or washed away.
Ground Floor Area: The floor area of the ground floor of a building.
Ground -Mounts: The typical ground -mounted satellite has the antenna mounted on a pole that is at
least three feet (3') deep in the ground, encased in concrete at least eight inches (8") in diameter. The cable
to the receiver is buried in the ground between the antenna and the structure.
Group Living: A use category characterized by residential occupancy of a structure by a group of
people that does not meet the definition of "Household living," "hotel," or "detention facility". Tenancy is
arranged on a monthly or longer basis, and the size of the group may be larger than a household. Generally,
group living structures have a common eating area for residents. The residents may receive care, training,
or treatment, and caregivers may or may not reside at the site.
Group Living Facility, Large/Special: A specific type of group living use. Any residence for more than
eight (8) unrelated individuals, and any residence for up to eight (8) unrelated individuals that does not meet
the definition of "small treatment facility" or "small group living facility". If any individual resident of a group
living facility does not meet the definition of "small treatment facility" or "small group living facility," the entire
facility shall be classified as a large/special group living facility (rather than a small group living facility or
small treatment facility). Examples of large/special group living facilities include, but are not limited to, any
of the following facilities that meet this definition:
(A) A secure residential treatment center, as defined in C.R.S. 26-6-102(9) et seq., as amended; or
(B) A shelter for homeless persons; or
(C) A dormitory; or
(D) A fraternity or sorority house. See definition of "Group Living".
Group Living Facility, Small. A specific type of group living use. A residence for up to eight (8) unrelated
individuals, none of which are receiving on -site medical or psychological treatment, but some or all of whom
may be receiving on -site physical assistance with day-to-day living activities. Examples of small group living
facilities include any of the following that meet this definition:
(A) A non-profit group home for the aged or an owner occupied group home for the aged, as defined
in C.R.S. 31-23-303(2)(B) at seq., as amended; or
(B) A state -licensed personal care boarding home, as defined in C.R.S. 25-27-101 et seq., as
amended; or
(C) A state -licensed community residential home for persons with developmental disabilities, as
defined in C.R.S. 27-10.5-101 et seq., as amended; or
(D) A home providing independent residential support services for the developmentally disabled, as
defined in C.R.S. 27-10.5-102(19) at seq., as amended; or
(E) A state -licensed residential child care facility, as defined in C.R.S. 26-6-102(8) et seq., as
amended; or
(F) A family care home, as defined in C.R.S. 26-6-102(4) at seq., as amended; or
(G) A foster care home, as defined in C.R.S. 26-6-102(4.5) at seq., as amended.
See definition of "Group Living".
Guest or Visitor Off -Street Parking: An off-street parking space provided for temporary use of guests
of, or visitors to, occupants or tenants of the building, whether for social, business, or professional reasons.
Guideline: An advisory regulation, where compliance is not mandatory but is strongly encouraged. The
City may require justification for an applicant's variance from a guideline, but noncompliance will not subject
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an applicant or a development to the enforcement and penalty provisions of this Title. Guidelines are
indicated by use of the terms "may" or "should".
Habitable Space/Room: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet
compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space.
Hazardous Waste: Any solid, liquid, or containerized gaseous material that is no longer used or that
no longer serves the purpose for which it was produced, and has one (1) or more of the following properties:
ignitable (combustible or flammable), corrosive, reactive (explosive), or toxic and requires special handling
to avoid illness or injury to persons or damage to property or environment.
Hazardous Waste Handling: A specific type of waste/salvage use. Any facility that collects, stores, or
processes hazardous waste material as its principal use. See definition of Waste/Salvage".
Height. Building or structure height is the vertical distance of a building or structure, as measured from
the average elevation of the finished grade at the corners of the building or structure base, to the highest
point of the building or structure. When referring to a tower or other similar structure, height is measured
from the average ground level to the highest point on the tower or other structure, even if said highest point
is an antenna. When referring to a fence or wall, height is the distance of the vertical surface measured
from finished grade to the top of the vertical surface.
Highway: See definition of "Street".
Historic Building: A building or structure designated by Council, that is worthy of rehabilitation,
restoration, and preservation because of its cultural, architectural and/or historical significance to the City.
Historic District., A geographically definable area that possesses a significant concentration, linkage,
or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or
physical development.
Historic Preservation. The protection, rehabilitation, and restoration of districts, sites, buildings,
structures, and artifacts significant in Englewood or Colorado history, architecture, or culture.
Historic Structure (for floodplain purposes): See 16-4-16 EMC: Floodplain Definitions.
Home Care: An accessory use characterized by facilities for child or adult care in the permanent
residence of the provider for the purpose of providing day care and training for a child or children away from
their primary residence for less than twenty-four (24) hours per day. Home care uses are distinct from and
are not classified as "home occupations" under this Title.
Home Occupation: Any use conducted entirely within a dwelling and carried on by the occupants
thereof, which is clearly incidental and secondary to the primary use of the dwelling for dwelling purposes
and does not change the character thereof. Such uses must meet all conditions and requirements for the
particular zone in which such use is located.
Hookah Lounge, BarorCafe: A commercial establishment that meets provisions of the Colorado Clean
Indoor Air Act, as amended, where patrons gather to smoke using a hookah (a single or multi -stemmed
pipe with long flexible tube(s) connected to a container where the smoke is cooled by passing through
water).
Hospital: A specific type of medical/scientific service use. An institution, whether public or private,
principally engaged in providing health diagnosis, services, and treatment of human disease, pain, injury,
deformity, or physical condition. A "hospital" includes as an integral part of the institution such related
facilities as in -patient and outpatient care, laboratories, training facilities, central service facilities, and staff
offices. See definition of "Medical/Scientific Service".
Hotel. A specific type of visitor accommodation use. A building containing guest rooms in which lodging
is provided with or without meals for compensation, which is open primarily to transient guests, but may
include a limited number of permanent guests, and where no provision is made for cooking in any guest
room. See definition of Visitor Accommodation".
Hotel, Extended Stay: A specific type of visitor accommodation use. A building containing guest rooms
in which lodging is provided, in which access to guest rooms is primarily through lobbies, courts or halls,
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with or without meals for compensation, which is open primarily to transient guests, but may include a
limited number of permanent guests, and where provisions may be made for cooking in guest rooms. See
definition of "Visitor Accommodation".
Household: A household includes one (1) or more persons related by blood, marriage, adoption, or
legal guardianship, including foster children, together in a dwelling unit; or two (2) unrelated persons and
their children living together in a dwelling unit.
Household Living: A use category characterized by residential occupancy of a dwelling unit by a
household. Tenancy is arranged on a month -to -month or longer basis. Common accessory uses include
recreational activities, raising of pets, gardens, personal storage buildings, hobbies, and parking of the
occupant's vehicles.
Illegal Use: Any use, whether of a building or other structure, or of a tract of land, in which a violation
of any provision of this Title has been committed or shall exist.
Impermeable: Not permitting the passage of water.
Impervious Material. A surface that has been compacted or covered with a layer of materials so that it
is highly resistant to infiltration by water. Impervious materials include, but are not limited to, surfaces such
as compacted sand, limerock, or clay; asphalt, concrete, driveways, retaining walls, stairwells, stairways,
walkways, decks and patios at grade level, and other similar structures.
Industrial Park: A large tract of land that is planned, developed, and operated as an integrated facility
for a number of individual industrial uses, with special attention to coordinated circulation, parking, utility
needs, aesthetics, and compatibility.
Industrial Property: Any lot of land containing an industrial use or building of such uses as may be
defined in this Title.
Industrial Service: A use category that includes establishments engaged in the repair or servicing of
agricultural, industrial, business, or consumer machinery, equipment, products, or by-products. Firms that
service consumer goods do so by mainly providing centralized services for separate retail outlets.
Contractors and building maintenance services and similar uses perform services off -site. Few customers,
especially the general public, come to the site. Accessory activities may include retail sales, offices, parking,
and storage.
Industrial Service, Light: A specific type of industrial service use that typically generates few or less
adverse impacts (such as noise, glare, odor, or vibrations) on the surrounding environment than heavy
industrial service uses. Examples include, but are not limited to: research and development, bottling or cold
storage, printing, publishing, freight terminal, contractor shop, and towing.
Industrial Service, Heavy: A specific type of industrial service use that typically generates relatively
more or higher adverse impacts (e.g., noise, glare, odor, or vibrations) on the surrounding environment
than light industrial service uses. Examples include, but are not limited to: metal or welding shop,
commercial laundry, sheet metal shop; welding shop; well driller or sanitary service; fuel storage facilities,
including manufacturing and processing plants; laundry, dry-cleaning and carpet cleaning plants; heavy
machinery and equipment repair facilities, including blacksmith shops and engine and motor repair shops.
Infant/Toddler Home: A specific type of home care use. A child care facility that provides less than
twenty-four (24) hours care only for children who are between birth and three (3) years old, located in the
permanent residence of the provider. The caregiver may have no more than one (1) child or foster child
between three (3) and six (6) years of age. If there is one (1) caregiver, there may be a maximum of four
(4) children, with no more than two (2) children under twelve (12) months, including the caregiver's own
children. If there are two (2) caregivers caring for the children at all times when children are present, there
may be a maximum of six (6) children between birth and three (3) years old, and no more than three (3) of
those children can be between birth and one (1) year old, including the caregiver's own children. See
definition of "Home Care".
Ingress. Access or entry
VO
Instructional Service: A specific type of retail sales and service (personal service) use. A specialized
instructional establishment that provides on -site training of business, artistic, or commercial skills. Examples
include driving schools, dance, music, and computer instructional services. See definition of "Retail Sales
And Service (Personal Service)".
Internet Sales Location: A specific type of retail sales and service use. A retail establishment acting as
a sales broker that accepts new or used goods for sale on an internet auction site. The establishment may
be open to the general public for viewing and sale of items. Storage is limited to those items accepted for
sale.
Junk: Scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap
metals and their alloys, bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old or
used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or
crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are
so worn, deteriorated or obsolete as to make them unusable in their existing condition, but are subject to
being dismantled.
Junk Yard: A place where junk, waste, discarded, or salvaged materials are bought, sold, exchanged,
stored, baled, packed, disassembled, or handled, including automobile wrecking yards, house wrecking,
and structural steel materials and equipment, but not including the purchase or storage of used furniture
and household equipment, used cars in operable condition, used or salvaged materials as part of
manufacturing operations.
KenneUAnimal Day Care: A specific type of animal sales and service use. A facility licensed to house
dogs, cats, or other household pets for less than or greater than twenty-four (24) hours, and/or where
grooming, breeding, boarding, or training or selling of animals is conducted as business. See definition of
"Animal Sales And Service".
Kiosk: A freestanding structure upon which temporary information and/or posters, notices and
announcements are posted.
Kitchen: An area within a dwelling unit equipped with such electrical or gas hook-up that would also
enable the installation of a range, oven or like appliance, including microwaves, for the preparation of food
and also containing either or both a refrigerator and sinko
Laboratory (Dental, Medical, or Optical): A specific type of medical/scientific service use. A laboratory
that provides bacteriological, biological, medical, x-ray, pathological, and similar analytical or diagnostic
services to doctors or dentists. No fabricating is conducted on the premises, except the custom fabrication
of dentures and optical lenses. See definition of Wedical/Scientific Service".
Land Use: A description of how land is occupied or utilized.
Landscaping: To improve the appearance of an area of land, a lot, or parcel of land by the decorative
arrangement of grass, shrubs, and trees (and/or altering land contours). Landscaping may include, but shall
not be limited to: turf, grasses, flower beds, shrubs, trees, rock, bark, wood chips, ornamental objects such
as fountains, statuary and ornamental objects and pedestrian walkways designed to produce an
aesthetically pleasing effect.
Large Child Care Home: A specific type of home care use. A child care facility, located in the
permanent residence of the provider, that provides care for seven (7) to twelve (12) children who are not
related to the caregiver. Child care may be provided to children from twenty-four (24) months to sixteen
(16) years of age. Care may be provided to no more than two (2) children under two (2) years of age if older
siblings are in care. Residents of the home under twelve (12) years of age who are on the premises and all
children on the premises for supervision are counted against the approved capacity. See definition of "Home
Care".
Large Retail Building: A single building housing one (1) or more retail sales or service or food and
beverage uses, which contains twenty thousand (20,000) square feet or more of gross floor area. Such
"large retail building" may be part of a unified commercial center that includes smaller uses in close
proximity to the large retail building, or may comprise the entire development activity on a site.
Me
Levee: A man-made structure, usually an earthen embankment, 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 that 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.
Library: A specific type of public/institutional use. A public facility for the use, but not sale, of literary,
musical, artistic, or reference materials.
Liquor Store: A specific type of retail sales and service (sales) use. A state -licensed, retail
establishment selling packaged alcoholic liquors (including beer, wine, and spirituous liquors) for
consumption off -site. Exception: this definition of liquor store does not include restaurants, taverns, or bars.
See definition of "Retail Sales and Service (Sales)".
Living Plant Materials or Plant.,
(A) A young tree, shrub, or herb;
(B) A slip, cutting, or sapling; or
(C) Any of a group of living organisms that typically do not exhibit voluntary motion or possess
sensory or nervous organs.
Loading Space: 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.
Local Law Enforcement Agency: Any marshal's office, police agency, or sheriffs office within
jurisdiction in the locality in which the customer enters into a contract for purchase or a purchase transaction
related to a pawnbroker or secondhand dealer land use.
Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise
permitted by law, to be used, developed, or built upon as a unit.
Lot Area: The area of a horizontal plane bounded by the front, side, and rear lot lines.
Lot, Building: Land occupied or to be occupied by a building and its accessory buildings, or by a
dwelling group and its accessory buildings, together with such open spaces as are required under the
provisions of this Title, having not less than the minimum area and width required by this Title for a lot in
the district in which such land is situated, and having its principal frontage on a street or on such other
means of access as may be determined in accordance with the provisions of the law to be adequate as a
condition of the issuance of a building permit for a building on such land.
Lot Corner., A lot at the junction of and abutting upon two (2) or more intersecting streets, having an
interior angle of intersection of not more than one hundred thirty-five degrees (135°).
Lot Coverage: The percentage of total lot area which, when viewed directly from above, would be
covered by a structure or structures, or any part thereof, excluding projecting roof eaves. It is calculated by
dividing the square footage of structure cover by the square footage of the lot. Unless specifically exempted
by Section 16-6-1 EMC, above, the term "structure" includes private walkways, driveways, and other paved
surface areas used or intended for parking vehicles (e.g., parking pads).
Lot Coverage, Front: The portion of the front setback or front yard area, whichever is larger, of a
residential lot covered by (a) an impervious material, and/or (b) any structure or portion thereof permitted
to encroach into the front setback area. Front lot coverage is expressed as a percentage.
Lot Depth: The mean horizontal distance between the front and rear lot lines, measured in the general
direction of the side lot lines.
Lot, Interior: A lot other than a corner lot.
Lot Line, Front: The line separating the lot from the street.
Lot Line, Rear, The line which most nearly qualifies as the line most distant and opposite from the front
lot line; where the line is irregularly shaped, a line perpendicular to the mean direction of the side lot lines,
and at least ten feet (10') in length within the lot.
Lot Line, Side: Any lot line other than a front lot line or a rear lot line.
Lot Lines: The lines bounding a lot.
Lot Minimum Area of: The smallest lot area established by this Title on which a use or structure may
be located in a particular zone district.
Lot of Record: A lot that is part of an approved plat, the map of which has been recorded in the office
of the Arapahoe County Clerk and Recorder.
Lot, Reverse Frontage: A through lot that is not accessible from one of the parallel or nonintersecting
streets upon which it fronts.
Lot, Reverse Corner., A corner lot having its side street line substantially a continuation of the front lot
line of the first lot to its rear.
Lot, Small: A legal lot of record existing on the effective date of this Title where the lot width or lot area
is less than the minimum standard for a one -unit dwelling in the zone district in which the lot is located.
Lot, Through: A lot, other than a corner lot, having frontage on more than one (1) street.
Lot, Urban: A legal lot of record existing on the effective date of this Title (February 23, 2004) where
the lot width or lot area is less than the minimum standard for a one -unit dwelling on a small lot in the zone
district in which the lot is located.
Lot Width: The distance between the side lot lines, measured along the setback line as established by
this Title, or if no setback line is established, the distance between the side lot lines measured along the
street line.
Major Architectural Detail: Distinguishable design features of the facade of the building such as
windows, doors, balconies, columns, or patterns or designs formed at the time of construction by the
building material.
Major Street The street controlled by a stop or yield sign.
Manager or City Manager.., The Englewood City Manager or designee.
Mansard Roof. An architectural feature that is a steep roof structure that is a portion of a roof structure
or is attached to the face of the wall of a building.
Manufactured Home: Any one -unit dwelling that: (1) Is a factory -built home; and (2) is at least twenty-
four feet (24') in width and thirty-six feet (36') in length; and (3) is installed on an engineered permanent
foundation; and (4) has a pitched roof; and (5) is certified under the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., as amended (commonly
referred to as the "HUD Code"); and (6) meets or exceeds, on an equivalent performance engineering
basis, as defined by C.R.S. 31-23-301(5)(a)II et seq., as amended standards established by the Uniform
Building Code, as amended and adopted by the City.
Manufactured Home (for floodplain purposes): See 16-4-16 EMC: Floodplain Definitions.
Manufactured Home, Double -Wide or Triple -Wide: A manufactured home consisting respectively of
two (2) or three (3) sections combined horizontally at the site to form a single dwelling, while still retaining
the individual chassis for possible future movement.
Manufactured Home, Expandable: A manufactured home with one (1) or more room sections that fold,
collapse, or telescope into the principal unit when being transported and which can be expanded at the site
to provide additional living area.
Manufactured Home Park. A specific type of household living use. A tract of land, either in single
ownership or divided into blocks and/or lots which may be in separate ownership, which has been
developed with all necessary facilities and services in accordance with a site development plan, meeting
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all of the requirements of this Title and which is intended for the express purpose of providing a satisfying
living environment for manufactured home residents on a long-term occupancy basis. See definition of
"Household Living".
Manufactured Home Park or Subdivision, Existing: (for floodplain purposes): See 16-4-16 EMC:
Floodplain Definitions.
Manufactured Home Space: A plot of ground within a manufactured home park, designed for the
accommodation of one (1) manufactured home.
Manufactured Home Stand: That part of an individual manufactured home space that has been
planned and improved for the placement of the manufactured home and additions or attachments thereto.
Manufacturing (Including Processing, Fabrication, or Assembly): A use category that includes
industrial establishments involved in the manufacturing, processing, fabrication, packaging, or assembly of
goods, except as specifically prohibited by this Title. Natural, man-made, raw, secondary, or partially
completed materials may be used in the manufacturing process. Products may be finished or semi -finished
and are generally made for the wholesale market, for transfer to other plants, or to order for firms or
consumers. Such uses may also include industries furnishing labor in the case of the refinishing of
manufactured articles. Custom industry is included (e.g., establishments primarily engaged in the on -site
production of goods by hand manufacturing involving the use of hand tools and small-scale equipment).
Goods are generally not displayed or sold on site, but if so, they are a subordinate part of total sales.
Relatively few customers come to the manufacturing site. Accessory activities may include limited retail
sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair
facilities, truck fleets, and caretaker's quarters.
Manufacturing, Heavy: A specific type of manufacturing use that may involve the generation outside
the property of noise, odor, vibration, dust, or hazard. Examples include, but are not limited to: refining or
initial processing of raw materials, rolling, drawing, or extruding of metals; and log decking, storage, and
ponding. See definition of "Manufacturing".
Manufacturing, Light: A specific type of manufacturing use that does not involve the generation outside
the property of noise, odor, vibration, dust, or hazard. Examples include, but are not limited to: assembly of
pre -fabricated parts, manufacture of electric, electronic, or optical instruments or devices; manufacture and
assembly of artificial limbs, dentures, hearing aids, and surgical instruments; manufacture, processing, and
packing of food products, cosmetics, and manufacturing of components, jewelry, clothing, trimming
decorations, and any similar item. See definition of "Manufacturing".
Marquee: A permanent roof -like structure attached to and supported by the building on which it is
located.
Massage: Any method of pressure on or friction against or stroking, kneading, rubbing, tapping,
pounding, vibrating or stimulating of the external soft parts of the body with the hands or other parts of the
human body or with the aid of any mechanical or electrical apparatus or appliance, with or without such
supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or
other similar preparations used in this practice.
Massage Therapy Facility. A specific type of retail sales and service (personal service) use. An
establishment operated for the purpose of massage therapy performed solely by massage therapists who
are licensed in accordance with Colorado statutes. A "massage therapy facility" shall not include:
(A) Physicians, surgeons, doctors, medical clinics or persons licensed by the laws of the State to
practice medicine, surgery, osteopathy, chiropractic, and chiropody, their offices and clinics, and
all persons working in their offices and clinics under their supervision and direction;
(B) Hospitals and all persons employed by institutions and establishments licensed by the State as
hospitals while performing their usual duties within the hospital or institution so licensed;
(C) Registered or licensed nurses performing services in their usual nursing duties;
(D) Beauticians and barbers duly licensed under the laws of the State, insofar as their usual and
ordinary vocation and profession, as defined by the laws of the State, are concerned;
(E) Massage practiced or instructed in the athletic department of any State accredited school,
college, university or seminary;
(F) Trainers of any amateur, semi-professional or professional athlete or athletic team, when treating
athletes;
(G) Any bona fide athletic club that is not engaged in the practice of rendering massages to members
of the general public for remuneration. For the purposes of this Title, if an athletic club does not
receive more than ten percent (10%) of its gross income from the practice of rendering massages
to its members, such shall be prima facie evidence that the club is a bona fide athletic club.
Master Street Plan: Part of the City Comprehensive Plan showing location and classification of
principal traffic ways.
Maximum Extent Feasible: No feasible and prudent alternative exists, and that all possible efforts to
comply with the regulation or minimize potential harm or adverse impacts have been undertaken. Economic
considerations may be taken into account but shall not be the overriding factor in determining "maximum
extent feasible".
Maximum Extent Practicable: Under the circumstances, reasonable efforts have been undertaken to
comply with the regulation or requirement, that the costs of compliance clearly outweigh the potential
benefits to the public or would unreasonably burden the proposed project, and reasonable steps have been
undertaken to minimize any potential harm or adverse impacts resulting from the noncompliance.
Mean: The average of a number of figures computed by adding all of the figures and dividing by the
number of figures.
Medical Maryuana: All parts of the plant (genus) cannabis used in the treatment of debilitating
medical conditions as defined in the Colorado Constitution Article XVIII, Section 14.
Medical MarUuana Center: Means a person licensed pursuant to Article 11-104 of Title 44 C.R.S. to
operate a business as described in Article 11 of Title 44 C.R.S. that sells Medical Marijuana to registered
patients or Primary Care -Givers as defined in Section 14 of Article XVIII of the State Constitution, but is
not a Primary Care -Giver.
Medical Maryuana-Infused Products Manufacturer: Means a person licensed pursuant to Article I 1
of title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S.
Medical Maryuana Optional Premises Cultivation Operation: Means a person licensed pursuant to
Article 11 of Title 44 C.R.S. to operate a business as described in Article 11 of Title 44 C.R.S.
Medical/Scientific Service: A use category that includes uses that provide medical or surgical care to
patients. Hospitals offer overnight care, while other medical facilities provide outpatient care only.
Accessory uses include offices, laboratories, teaching facilities, meeting areas, cafeterias, parking,
maintenance facilities, and housing for staff or trainees.
Medical or Psychological Treatment: Includes any individualized services rendered by a medical or
psychological professional or para-professional directly to a resident or group of residents on a regular or
repeated basis to address a specific medical or psychological condition diagnosed by a medical or
psychological professional, but excluding (1) physical therapy, (2) occasional medical or nursing care to
address non -chronic and non -recurring conditions such as colds, flu, or household injuries, and (3)
assistance with routine living activities not aimed at recovery from a specific diagnosed condition.
Membership Organization (Excluding Adult Use): A specific type of assembly use. An organization and
its premises catering exclusively to members and guests for social, intellectual, recreational, or athletic
purposes that are conducted for profit, but not including an adult use. See definition of "Assembly".
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Metal Shredding: The process involving the destruction, disintegration, or transformation into raw
materials of previously manufactured metal products or metal items that have become worn out, unwanted,
inoperable, and useless scrap goods.
Micro -cell: Means a low power telecommunications facility used to provide increased capacity in high
telecommunication demand areas, often to improve coverage in areas of weak coverage. Microcells
communicate with the primary facility in a coverage area via fiber optic cable, microwave, or land line.
Microwave Antenna: A dish -like antenna used to link communication sites together by wireless
transmission of voice or data.
Mini -Storage Facility: A specific type of warehouse/storage use. Provision of storage space for
household or commercial goods within an enclosed building with direct public access to individual storage
spaces. This use may include quarters for one (1) or more persons employed by and residing at the mini -
storage facility for the purpose of on -site management and security. See definition of "Warehouse/Storage".
Minor Street., The street not controlled by a stop or yield sign.
Minor Subdivision: Subject to the provisions of Chapter 16-8 EMC, "Subdivision Design,
Improvements, and Dedication Standards", a "Minor Subdivision" includes all of the following actions,
provided no such actions require the dedication of land for streets or public areas:
(A) Unplatted land is to be platted, divided, or combined with any other land whether platted or
unplatted.
(B) A single platted lot is to be divided into two (2) or more lots.
(C) A parcel previously platted into lots is to be divided into two (2) or more new lots inconsistent
with the historical platted lines.
(D) Adjustment of boundary line(s) between previously platted parcels inconsistent with historical
platted lines
(E) The creation of condominiums, town home communities, and other forms of airspace ownership
or air -right subdivisions, as described and defined in C.R.S. 38-33-101, et seq., as amended.
See definition of "Subdivision".
Mixed -Use Development. The development of a tract of land or building or structure with two (2) or
more different principal uses, such as, but not limited to, residential, office, manufacturing, retail, public or
entertainment, in a compact urban form. In a mixed -use development, the different types of land uses are
in close proximity, planned as a unified complementary whole, and functionally integrated to the use of
vehicular and pedestrian access and parking areas.
Mobile Home: A factory -built home produced prior to June 15, 1976.
Model Home: A dwelling or dwelling unit representative of other dwellings or units offered for sale or
lease or to be built in an area of residential development within the City. A model home may be used as a
residential real estate sales office for the development in which it is located before occupancy by a
household.
Monopole: A structure composed of a single spire used to support telecommunications equipment.
Mortuary. A specific type of retail sales and service (personal service) use. A building used for the
preparation of the deceased for burial and the display of the deceased, and ceremonies connected
therewith before burial or cremation. See definition of "Retail Sales and Service (Personal Service)".
Motor Vehicle: Any self-propelled vehicle which is designed primarily for travel on the public highways
and which is generally and commonly used to transport persons and property over the public highways, but
the term does not include motorized bicycles as defined in The Model Traffic Code for Colorado
Municipalities as adopted. For purposes of the offenses described in C.R.S. as adopted for farm tractors
operated on streets and highways, "motor vehicle" includes a farm tractor that is not otherwise classified
as a motor vehicle.
EE
Moving and Storage: A specific type of warehouse/storage use. A use engaged in the directed
movement of goods and materials from one location to another location, as well as the short-term storage
of such goods, in transit, for either commercial purposes or the general public. See definition of
"Warehouse/Storage".
Mulch: Nonliving organic and synthetic materials customarily used in landscape design to retard
erosion and retain moisture.
Multi -Phase or Phased Development: A development project that is constructed in stages, each stage
being capable of existing independently of the others.
Museum/Cultural Facility. A specific type of public/institutional use comprised of either:
(A) A building having public significance by reason of its architecture or former use or occupancy;
or
(B) A building serving as a repository for a collection of nature, scientific, or literary curiosities, or
objects of interest, or works of art, not including the regular sale or distribution of the objects
collected.
All museums/cultural facilities shall be operated as nonprofit, noncommercial establishments.
Museums/cultural facilities are designed to be used by members of the public for viewing, with or without
an admissions charge. Permitted accessory uses include retail sale of goods and products related to the
facility's collection or subject matter (i.e., museum gift shop), and small scale sit-down restaurants or cafes.
Natural Production Uses: The excavation of sand, clay, gravel or other natural mineral deposits, or the
quarrying of any kind of rock formation, except topsoil.
New Construction: Structures for which the "start of construction" commenced on or after the effective
date of this Title.
New Construction (forfloodplain purposes): See 16-4-16 EMC: Floodplain Definitions.
Noise: Any sound which is unwanted or which causes or tends to cause an adverse psychological or
physiological effect on human beings.
Nonconforming Building or Structure: Unless otherwise exempt by Chapter 16-9 EMC, a structure or
building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment
to this Title, but which fails by reason of such adoption, revision, or amendment, to conform to the present
requirements of the zone district in which such structure or building is located.
Nonconforming Lot. A lot, the area, dimensions, or location of which was lawful prior to the adoption,
revision, or amendment of this Title, but which fails by reason of such adoption, revision, or amendment to
conform to the present requirements.
Nonconforming Use: A use or activity which was lawful prior to the adoption, revision, or amendment
to this Title, but which fails, by reason of such adoption, revision, or amendment, to conform to the present
requirements of the zone district in which such use is located.
Nonconformity: Generally, a nonconforming use, sign, lot, structure, or building.
Noxious Matter: Material which is capable of causing injury to living organisms by chemical reaction
or is capable of causing detrimental effects upon the physical or economic well-being of individuals.
Obstruction: Any dam, wall, embankment, levee, dike, pile, abutment, soil material, bridge, conduit,
culvert, building, wire, fence, refuse, fill, structure or other matter in, along, across or projecting into any
channel, watercourse, or flood plain which may impede, retard, or change the direction of the flow of water,
either in itself or by catching debris carried by such water, or that is placed where the flow of water might
carry the same downstream.
Occupancy: The purpose for which a building is used or intended to be used. "Change of occupancy"
is not intended to include change of tenants or proprietors unless the new use of the building would classify
it in a different occupancy group.
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Occupancy Permit: A required permit allowing occupancy of a building or structure after it has been
determined that all of the requirements of applicable ordinances have been met.
Odorous Matter., Any material that produces an offensive or objectionable olfactory response in a
human being.
Office: A use category characterized by buildings or portions of a building wherein services are
performed involving administrative, professional, or clerical operations. Exception: contractors and others
who perform services off -site are included in the Type 1 (general) office use category only if major
equipment and materials are not stored at the site and fabrication or similar work is not carried out on the
site. If major equipment and materials are stored at the site, or fabrication or similar work is carried out on
the site, then these uses are categorized under industrial warehouse/storage as a "storage yard".
Office, Type 1: A specific type of office use. Establishments providing executive, management,
administrative, or professional services, but not involving the sale of merchandise, except as incidental to
a permitted use. This use type does not include facilities for the provision of medical or dental services nor
outpatient medical laboratories (see "MedicaUscientific service"). Typical uses include real estate,
insurance, property management, investment, employment, travel, advertising, law, doctor, dentist,
architecture, design, engineering, accounting, and similar offices. See definition of "Office".
Office, Type 2 (Limited): A specific type of office use. General office types described in definition of
"Office, Type 1," that the City finds are compatible within a zone district where the predominant use may
be medium to high density residential, or when the office type is proposed to be part of a mixed -use
development. Type 2 offices may be mixed with residential uses in the same building (vertical mixed use)
or on the same development parcel (horizontal mixed use). Compatibility shall be evaluated in terms of the
proposed office's scale (floor area), hours of operations, parking and loading demand, and typical levels
and peaks of customer/client traffic. Limited office types will typically include most professional offices that
are open and operating primarily during daytime hours. Type 2 (limited) office does not include clinics that
provide medical or dental services, which are classified separately under "medical/scientific services". See
definition of "Office".
Official Map: A legally adopted map that shows the location and width of proposed streets, public
facilities, and public areas, and drainage rights -of -way.
Official Zoning Map: A map of the City that depicts the various zone districts in the City, adopted by
the Council, and incorporated by reference as a part of this Title.
Off -Street Parking Space: A storage area for a motor vehicle that is directly accessible to an access
aisle, street, or alley, and which is not located on a dedicated street right-of-way.
On -Street Parking Space: A temporary storage area for a motor vehicle that is located on a dedicated
street right-of-way.
100-Year Flood: A flood of such magnitude as may reasonably be expected to be equaled or exceeded
on an average of once every one hundred (100) years; the term also means that level of flooding having a
one percent (1 %) probability of occurrence in any year.
Open: As relates to fences, walls, and visual barriers, a vertical surface with fifty percent (50%) or
more open space.
Open Space, Common: Land within or related to a development, not individually owned or dedicated
for public use, which is designed and intended for the common use or enjoyment of the residents of the
development and may include such complementary structures and improvements as are necessary and
appropriate. Common open space shall not include driveways, sidewalks, and parking areas.
Open Space Depth: As applicable to manufactured home parks, the minimum open space distance
on the lot (except as otherwise specifically provided) perpendicular to the wall of the dwelling unit at any
point, or to any addition to the dwelling unit which is enclosed for more than fifty percent (50%) of its
perimeter or for more than ten percent (10%) of the portion of its perimeter opposite any Class A, B, or C
exposure of the dwelling unit.
Open Space, Unobstructed., Land not covered by buildings or structures.
M.
Open Space, Usable: On -site land area, contained within lot lines or within common open space, which
is absent of any building or structure. Usable open space could contain, but is not limited to the following:
private yards, walkways, trellises, swings, arbors, swimming pools, tennis courts, and landscaping. Surface
parking areas or driveways are not usable open space.
Option: The fixed time and the fixed price agreed upon by the customer and a pawnbroker in which a
contract for purchase may be, but does not have to be, rescinded by the customer.
Organic: Referring to or derived from living organisms.
Outdoor Commercial Advertising Device: A visible contrivance or structure in any shape or form, the
purpose of which is to advertise any product or service, campaign, event, etc.
Outdoor Display Area: An outdoor, unroofed area where merchandise or vehicles are displayed for
more than twenty-four (24) hours.
Outdoor Storage: A specific type of warehouse/storage use. The keeping, in an unroofed area of any
goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours.
This shall not include the display of vehicles for sale in a new or used car sales lot. See definition of
"Warehouse/Storage".
Overhang.,
(A) The part of a roof or wall that extends beyond the facade of a lower wall.
(B) The portion of a vehicle extending beyond the wheel stops or curb.
Overlay Zones: A set of zoning requirements that is described in this Title, is mapped, and is imposed
in addition to those of the underlying district. Developments within the overlay zone must conform to the
requirements of both zones or the more restrictive of the two.
Owner. An individual, firm, association, syndicate, partnership, or corporation having sufficient
proprietary interest to seek development of land.
Parapet wall: That part of any wall that extends entirely above the roof line.
Park: A specific type of parks and open space use. A noncommercial, nonprofit facility or land owned
by the City, the State of Colorado, or another unit of government that is used or intended to be used for
recreation, education, or cultural use, including both active or passive recreation. This use type includes
public golf courses. See definition of "Parks and Open Space".
Parking Area: A portion of a lot, tract, or parcel that is used, or is intended to be used, for the off-street
parking of motor vehicles. A driveway may or may not serve as a parking area, subject to compliance with
this Title's standards. A parking area (e.g., a surface parking lot) may be a principal use of land, or may be
accessory to a principal use of land.
Parking Area, Surface (Operable Vehicles): A specific type of vehicle and equipment use. An area,
other than a street or alley, designed or used primarily for the temporary parking of vehicles. See definition
of "Vehicle and Equipment".
Parking Facility, Structure (Operable Vehicles): A specific type of vehicle and equipment use. A
structure designed or used primarily for the temporary parking of vehicles. See definition of "Vehicle and
Equipment'.
Parking Garage: See definition of "Garage".
Parking (To Park): The standing of a vehicle, whether occupied or not, otherwise than very briefly for
the purpose of and while actually engaged in loading or unloading property or passengers.
Parking Pad: Areas surfaced with impervious material that are located between the front building wall
of a dwelling and the adjoining street, and which are typically used to park operable vehicles off the street.
A "parking pad" does not include a driveway.
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Parking Space: A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile,
together with a driveway connecting the parking space with a street, road or alley and permitting ingress
and egress of that automobile without the necessity of moving any other automobile.
Parking Strip: City -owned property that lies between the front lot line and the traveled surface of the
street, usually designated by the curb.
Park Permit: A written instrument issued by the City Manager or designee authorizing the construction
or extension of a manufactured home park under this Title and the regulations that may be promulgated
hereunder.
Parks and Open Space: A category of uses of land focusing on natural areas, large areas consisting
mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend
to have few structures. Examples include parks, river accesses, public squares, plazas, recreational trails,
botanical gardens, and nature preserves. Accessory uses may include clubhouses, playgrounds,
maintenance facilities, concessions, caretaker's quarters, and parking. This definition does not include
private golf courses, which are classified as entertainment/amusement, outdoor.
Particulates: Finely divided solid or liquid particles in the air or in an emission, including dust, smoke,
fumes, mist, spray and fog.
Party (Common) Wall. A common or shared structural separation between abutting dwelling, business,
or industrial units or buildings, which may be centered on one (1) building lot or between abutting dwelling,
business or industrial units or buildings on either side of a lot line, the main purpose of which is to act as a
support for the building and as a positive fire separation between the contiguous dwelling units or buildings.
Path: A cleared way for pedestrians and/or bicycles that may or may not be paved.
Patio, Manufactured Home: A paved area adjacent to the manufactured home parking space, and
accessible from the main entrance to the parked manufactured home.
Pawnbroker.., A specific type of retail sales and service (sales) use. An establishment regularly engaged
in the business of making contracts for purchase or purchase transactions in the course of business. See
definition of "Retail Sales and Service (Sales)".
Perennial., A plant that regrows from the same root stock year after year.
Performance Standard. A criterion established to control noise, odor, smoke, toxic or noxious matter,
vibration, fire, and explosive hazards and glare or heat generated by or inherent in uses of land or buildings.
Permanent Addition, manufactured home: Any structural extension from any portion of a manufactured
home, not including temporary canvas awnings.
Permitted Use: Any use allowed in a zone district and subject to the restrictions applicable to that zone
district.
Person: An individual, firm, co -partnership, joint venture, association, corporation, estate, trust,
business trust, receiver, syndicate, or other group or combination acting as a unit.
Personal Care: A specific type of retail sales and service (personal service) use. Personal service
establishment engaged primarily in the provision of personal improvement, personal care, and similar
services, such as beauty/barbershops and nail salons. See definition of"Retail Sales and Service (Personal
Service)".
Pervious Surface: Any material that permits full or partial absorption of storm water into previously
unimproved land.
Pet Store (Live Animal Sale): A specific type of animal sales and service use. An establishment
primarily involved in the sale of domestic animals, such as dogs, cats, fish, birds, and reptiles, excluding
exotic animals and farm animals, such as horses, goats, and poultry. See definition of "Animal Sales and
Service".
Physical Fitness CenterlSpa: A specific type of indoor entertainmentlamusement use. A building or
portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities, or
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other customary recreational activities, open to bona fide members and guests of the organization or open
to the public for a fee. See definition of "Entertainment/Amusement: Indoor'.
Planned Unit Development: An area of a minimum contiguous size, as specified by ordinance,
developed according to a plan as a single entity and containing one (1) or more structures with appurtenant
common areas.
Plaza: An open space that may be improved and landscaped; usually surrounded by streets or
buildings.
Police Department: The Police Department for the City of Englewood.
Pollutant: Any introduced gas, liquid, and/or solid that makes a resource unfit for a specific purpose.
Pollution: The presence of matter or energy whose nature, location, or quantity produces undesired
environmental effects.
Porch: A roofed open area, which may be glazed or screened, usually attached to or part of and with
direct access to or from, a building.
Pre -Existing Towers and Antennas: Any tower, antenna, or telecommunications facility for which a
permit has been properly issued by the City prior to the effective date of Chapter 16-7 EMC,
(Telecommunications).
Premises: A lot, parcel, or plot of land, together with the buildings and structures thereon.
Principal Use: The main or primary purpose for which land and the structures thereon is used or for
which land and the structures thereon may be maintained or occupied under the provisions of this Title.
Principal Structure or Building. The main or primary structure or building in which the principal use of
a property is conducted or operated.
Processing: A course or method of operation, effecting a change in form, contour, chemical
composition, physical appearance or otherwise by artificial or natural means.
Prohibited Use: A use that is not permitted in a zone district.
Public Building: Any building held, used, or controlled exclusively for public purposes by any
department or branch of government, State, County, or Municipality, without reference to the ownership of
the building or of the realty upon which it is situated.
Public Hearing: A meeting announced and advertised in advance and open to the public, with the
public given an opportunity to talk and participate.
Public Notice: The advertisement of a public hearing in a newspaper designated by City Council as
the City's official newspaper, or on the City's official website or the posting of the property, or the mailing of
written notice, indicating the time, place and nature of a public hearing.
Public Sidewalk Sale: Community event or celebration allowing the use of public sidewalks by
Englewood merchants in front of their business as authorized by the City Manager or designee.
Purchase Transaction: The purchase by a pawnbroker in the course of business or tangible personal
property for resale, other than newly manufactured tangible personal property that has not previously been
sold at retail, when such purchase does not constitute a contract for purchase.
Quarry. A place where rock, ore, stone and similar materials are excavated for sale or for off -tract use
Railroad Right -of -Way: A strip of land with tracks and auxiliary facilities for track operation, but not
including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops,
or car yards.
Rear Yard: An open space, including driveways and parking areas, unoccupied other than by permitted
accessory buildings or uses, extending from the rear building line of a principal building to the rear lot line,
between the side building lines, projected to the rear lot line.
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Recreational Vehicle: A vehicular -type, portable structure without permanent foundation, which can be
towed, hauled or driven and primarily designed as temporary living accommodation for recreational,
camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and
self-propelled motor homes.
Recreational Vehicle (forfloodplain purposes): See 164-16 EMC: Floodplain Definitions.
Recyclable Material. Reusable materials including, but not limited to, metals, glass, plastic, wood, and
paper that are intended for remanufacturing or reconstitution. Recyclable materials do not include junk,
rubbish, refuse, or hazardous waste.
Recycling Operation: A specific type of waste/salvage operation. A facility that is not a wrecking, junk,
or salvage yard, and in which recyclable material are recycled, reprocessed, and treated to return such
products to a condition in which they may again be used for production or consumption. Recycling
operations include, but are not limited to, the processing of batteries, construction waste, food waste, glass,
metals and/or alloys, papers, plastics and tires. This use does not include auto shredding. Buyback centers
that do not process recycled materials and only store them within an enclosed structure, transportable
container or trailer, or similar self-contained apparatus, are also included in this use type. See definition of
"Waste/Salvage".
Redevelopment: Development of a site where fifty percent (50%) or more of the existing structure(s)
is retained and incorporated into the new structure.
Religious Assembly: A use category comprised of structures or places in which worship, ceremonies,
rituals, and education pertaining to a particular system of beliefs are held, together with its accessory
buildings and uses (including buildings used for educational and recreational activities), operated,
maintained, and controlled under the direction of a religious group. Accessory uses include school facilities,
parking, caretaker's housing, pastor's housing, and group living facilities such as convents. Examples
include churches, temples, synagogues, and mosques.
Remediate or Remediation: Action or measures taken, or to be taken, by the City or the property
owner, whether directly by the owner or by the City, or through a contractor or agent of the owner or of the
City, which purpose is to lessen, clean-up, remove, ameliorate, dispose of, vitiate, or mitigate any
hazardous substances existing on the property to such standards, specifications, or requirements as may
be established or required by the Environmental Protection Agency, the Colorado Department of Health,
any authorized local agency, or the City.
Repair Shop (Not Including Auto): A specific type of retail sales and service (repair and rental) use.
Establishments primarily engaged in the provision of repair services to individuals and households, rather
than to businesses. Examples of such use include household appliance repair or office machine repair.
This use type excludes maintenance and repair of automobiles and other vehicles, and excludes
maintenance and repair of industrial equipment and machinery. See definition of "Retail Sales and Service
(Repair and Rental)".
Residence: A home, abode, or place where an individual is actually living at a specific point in time.
Residential Development New residential development, redevelopment of an existing dwelling, or
substantial expansions or alterations to an existing dwelling.
Restaurant Bar, Tavern (With or Without Outdoor Operations): A specific type of food and beverage
service use. A retail establishment where the principal business is the sale of food and beverages in a
ready -to -consume state. This use type includes lunch counters and refreshment stands selling prepared
food and drinks for immediate consumption. Operations may include outdoor seating areas or outdoor food
service, subject to all applicable use and development standards set forth in this Title. See definition of
"Food and Beverage Service".
Restaurant, With Drive -Through Service: A specific type of food and beverage service use. An
eating/drinking establishment in which the principal business is the sale of foods or beverages to the
customer in a ready -to -consume state and in which the design or method of operation of all or any portion
of the business allows food or beverages to be served directly to the customer in a motor vehicle without
the need for the customer to exit the motor vehicle. See definition of "Food and Beverage Service".
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Restoration: The replication or reconstruction of a building's original architectural features.
Retail. Any sale other than a sale at wholesale.
Retail marijuana, marijuana ,or marihuana: Means 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 marihuana
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, that is cultivated, manufactured, distributed, or sold by a
licensed retail marijuana establishment.
Retail 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.
Retail marijuana establishment. Means a retail marijuana store, a retail marijuana cultivation facility, a
retail marijuana testing facility, or a retail marijuana product manufacturing facility.
Retail marijuana establishment operator. Means an entity or person that is not an owner and that is
licensed to provide professional operational services to a retail marijuana establishment for direct
remuneration from the retail marijuana establishment.
Retail marijuana products: Means concentrated marijuana products and marijuana products that are
comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not
limited to, edible products, ointments, tinctures, and that are produced at a retail marijuana products
manufacturer.
Retail marijuana products manufacturer. 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.
Retail marijuana store: Means 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.
Retail marijuana testing facility. Means an entity licensed to analyze and certify the safety and potency
of retail marijuana.
Retail Sales And Service (Personal Service): A use category including retail establishments engaged
in the provision of informational, instructional, personal improvement, personal care, and similar services,
such as portrait shops, photography studios, art and music schools, licensed massage therapists, driving
schools, riding academies, health and fitness studios, handicraft or hobby instruction, laundry and dry-
cleaning retail. outlets, portrait/photographic studios, beauty and barber shops, shoe repair, and
tailor/alterations shops. Accessory uses may include offices, storage of goods, manufacture or repackaging
of goods for on -site sale, and parking.
Retail Sales and Service (Repair and Rental): A use category including establishments involved in the
repair, lease, or rent of new or used products to the general public. Accessory uses may include offices,
parking, storage of goods, and assembly, repackaging, or repair of goods for on -site sale.
Retail Sales and Service (Sales): A use category including establishments involved in the sale of new
or used products to the general public. Accessory uses may include offices, parking, storage of goods, and
assembly, repackaging, or repair of goods for on -site sale.
Retail Sales, General Merchandise: A specific type of retail sales and service (sales) use.
Establishments that sell, lease, or rent consumer, home, and business goods, but excluding
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merchandise/retail uses classified or defined more specifically in this Chapter (e.g., food/beverage sales,
convenience stores, restaurants). Typical uses include department stores, furniture stores, clothing stores,
and establishments providing the following products or services: art, art supplies, bicycles, clothing, dry
goods, electronic equipment, fabric, furniture, garden supplies, gifts, hardware, home improvements,
household products, jewelry, pet food, pharmaceuticals, printed material, sporting goods, stationary, and
videos. See definition of "Retail Sales and Service (Sales)".
Retail Vendor Cart. A specific type of outdoor sales temporary use. A cart, table, or apparatus, which
is not a structure, designed and intended so as to not be a permanent fixture, and which is used for the
retail sale, display, and accessory advertising of merchandise, but not including the sale of food or drink.
See the related definition of "Food Vendor Cart".
Retaining Wall: A structure constructed to hold back or support an earthen bank.
Reuse: A use for an existing building or parcel of land other than for which it was originally intended.
Reverberation: The persistence of sound in an enclosed or confined space after the sound source has
stopped.
Reverse Frontage: See definition of "Lot, reverse frontage".
Right -of -Way: The right of one person, or several persons, or of the community at large to pass over
the land of another.
Riprap: A facing of masonry or the like for protecting an embankment. Riprap shall consist of field
stone or rough unhewn quarry stone as nearly rectangular as is practicable. Broken concrete masonry or
concrete pavement may be used if approved by the Director of Engineering Services. The stone shall have
a specific gravity of at least 2.25 and shall be resistant to the action of air and water. Flaking or fragmental
rock will not be permitted. Stones shall have a minimum thickness of three inches (3") and a minimum
volume of one (1) cubic foot and at least fifty percent (50%) by weight shall have a volume of two (2) cubic
feet or more. The riprap shall be placed to conform to the specifications of the Director of Engineering
Services.
Road Tractor: Any motor vehicle designed and used for drawing, other vehicles and not so constructed
as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.
Roadway: That portion of a street right-of-way designated for vehicular traffic; where curbs are in place,
the portion between curbs.
Roof.- The outside top covering of a building.
Roof and/or Building -Mounted Telecommunications Facilities: Telecommunications facilities
supported entirely by a building other than a building accessory to a telecommunications facility.
Roofline: A horizontal line intersecting the highest point of a roof. In the case of a flat roof, the
uppermost line of the roof of the building; in the case of an extended facade or parapet, the uppermost
height of said facade or parapet.
Roof, Shed. A roof with one (1) slope.
Root Barrier System: A physical or chemical barrier that prohibits or discourages lateral root growth
under sidewalks and other hardscape areas.
RTD Maintenance Facility. A specific type of transportation facility use. A facility used for maintenance
of Regional Transportation District (RTD) vehicles and equipment. See definition of 'Transportation
Facility".
Rubbish: A general term for solid waste, excluding food waste and ashes, taken from residences,
commercial, or industrial establishments and institutions.
Run With the Land. A covenant or restriction to the use of land that is binding on the present and all
future owners of the property.
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Sales and Distribution: A specific type of warehouse use. A sale by a wholesaler to retail merchants,
jobbers, dealers, or other wholesalers for resale. The term does not include a sale by a wholesaler to users
or consumers not for resale. See definition of "Warehouse".
Sales Room: An establishment, or portion of a manufacturing establishment, that allows customers to
taste samples of wine, beer or spirituous liquors manufactured or produced by a single distillery, brewery
or winery and licensed as a sales room pursuant to a State Manufacturer's License (C.R.S. 12-47402) or
a State Limited Winery License (C.R.S. 1247403). A sales room may include the sale of such products in
addition to related items, marketing events, special events entertainment and/or food. Or, as this definition
may be modified in C.R.S. 1247-103 et. seq.
Sanitary Service: A specific type of waste/salvage use. Any property used for permanent disposal by
abandonment, discarding, dumping, reduction, burial, incineration, or any other means and for whatever
purpose, of garbage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or parts
thereof. See definition of "Waste/Salvage".
Satellite Dish Antenna: The satellite receive -only earth station antenna consists of: (1) dish antenna
which receives communication from satellites in orbit; (2) a low -noise amplifier (Ina) at the focal point of
the receiving component; and (3) a coaxial cable to carry the signal to the satellite receiver, which
transforms the low -frequency signal to a television signal.
Satellite Receiver., The satellite receiver resembles a stereo receiver or amplifier with an array of knobs
and controls. It is usually located near the TV set and allows tuning of any of the channels coming from the
satellite. Another control rotates the dish to select which satellite at which to aim the antenna.
School. This use category includes public and private schools at the primary, elementary, middle,
junior high, or high school level that provide state -mandated basic education. This category also includes
colleges and other institutions of higher learning that offer courses of general or specialized study leading
to a degree. Colleges tend to be in campus -like settings or on multiple blocks. Accessory uses at schools
include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after -school day
care. Accessory uses at colleges include offices, food service, laboratories, health and sports facilities,
theaters, meeting areas, parking, maintenance facilities, and support commercial.
School (Commercial): A use category that includes private establishments offering educational
instruction to the general public for tuition or fees.
School, Trade or Business: See definition of "Trade or Business School".
Screening: A method of visually shielding or obscuring one abutting or nearby structure or use from
another by fencing, walls, berms, or densely planted vegetation.
Seasonal Sales/Service (e.g., Christmas Tree Lot, PlanUGarden, Hail/Windshield Repair, or Similar
Uses): A temporary retail sales or service use that is temporary because of the product's or service's
seasonal nature (e.g., related to a holiday, or dependent on good weather). Seasonal sales include, for
example, the sale of Christmas trees during the winter holiday season and the spring and summertime sale
of plant and garden supplies/materials.
Secondhand Goods: Includes any tangible personal property not sold as new and normally having
been sold used by one (1) or more intermediaries. Secondhand property does not include items that were
sold as new and returned by the customer for exchange or refund. Also, secondhand property does not
include reconditioned property purchased from a wholesaler.
Sectorized Panel Antenna: An array of antennas generally rectangular in shape that are used to
transmit and receive telecommunications signals.
Semi -Trailer.- Any wheeled vehicle, without motive power, which is designed to be used in conjunction
with a truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by
such truck tractor, and which is generally and commonly used to carry and transport property over the public
highways.
Service: Photography Studio And Photo Lab, Upholstery, Printer, Locksmith, Tailor., A specific type of
retail sales and service (personal service) use. Establishments engaged in the provision of informational,
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instructional, personal improvement, and similar services, such as portrait shops, photography studios,
shoe repair, and tailor/alterations shops. See definition of "Retail Sales And Service (Personal Service)".
Service Unit or Facility: An accessory commercial eating/drinking establishment, retail sales
establishment, personal service establishment, or private recreational facility that is located in the same
building, or on the same development parcel, as the principal use of the property, and which is intended to
primarily serve and benefit the residents, guests, visitors, or employees of the principal use.
Setback: The distance required by this Title to be established between a lot line and closest projection
of a building or structure (including driveways and parking areas as required by this Title), measured along
a line at right angles to the lot line. Setbacks shall be unobstructed from the ground to the sky except as
otherwise specifically allowed in Chapter 16-6 EMC.
Setback, Front: A setback that extends across the full width of a lot or site, the depth of which is the
distance between the front lot or property line and the furthermost projection of a building or structure along
a line at right angles to the front lot line, excluding allowable projections set forth in Chapter 16-6 EMC.
Setback, Rear: A setback that extends across the full width of a lot or site, the depth of which is the
distance between the rear lot line and the furthermost projection of a building or structure along a line at
right angles to the rear lot line, excluding allowable projections set forth in Chapter 16-6 EMC.
Setback, Side: A setback on that portion of a lot that is not adjacent to a private or public street. It
extends from the rear line of the required front setback, or the front property line of the site where no front
setback is required, to the front line of the required rear setback, or the rear property line of the site where
no rear setback is required, the width of which is the distance between the side lot or property line and a
line parallel thereto on the site.
Setback Line: That line that is the required minimum distance from the street right-of-way line or any
other lot line that establishes the area within which the principal structure must be erected or placed.
Shrub: A self-supporting woody perennial plant of low or medium height characterized by multiple
stems and branches continuous from the base, usually not more than ten feet (10') in height at maturity.
Sidewalk., That portion of a street right-of-way, paved or otherwise surfaced, intended for pedestrian
use only.
Sight Triangle: A triangular -shaped portion of land established at street intersections in which nothing
is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of
motorists entering or leaving the intersection.
Sign: Any object or graphic representation used to advertise, identify, inform, provide direction or
attract attention to any idea, person, institution, organization, business, product, service, event or location,
by any means including but not limited to: words, letters, graphics, motion, illumination or projected image.
Sign, 3-D Object. For the purpose of Section 16-6-13: Signs, 3-D (three-dimensional) objects and
devices shall include any sign with length, width, and height dimensions other than principal building and
ground signs as defined by this Title.
Sign, Accessory and Devices: Any sign permitted without need for a Sign Permit constructed of cloth,
canvas, fabric, vinyl banner material, plywood, or other light -weight material and generally intended for
display for a short period of time. Accessory signs include but are not limited to banners, 3-D objects,
inflatables, wind -driven, sandwich board, human, and similar signs. Wind -driven pennants, streamers,
fringes, and balloons allowed as incidental signs under Section 16-6-13(B)(23) shall not be considered
accessory signs.
Sign, Animated: Any sign or part of a sign that changes physical position by any movement or rotation
or that gives the visual impression of such movement. Wind -driven, changeable copy, electronic message
displays, and flashing signs shall not be considered animated signs.
Sign Area: The entire face of a sign including the surface and any framing, trim or molding, but not
including the supporting structure.
Sign, Awning: A sign attached or applied to an outdoor awning.
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Sign, Bus Bench or Shelter A sign located on benches or shelters placed in the public right-of-way or
on private property adjacent to the public right-of-way at a bus stop pursuant to a written agreement with
the City which sets forth the regulations for size, placement, design, and materials used in the construction
of said signs, benches, and shelters.
Sign, Canopy. A sign attached or applied to a canopy.
Sign, Drive-Thru: A sign along a drive -through lane.
Sign, Electronic Message Display (EMD): A sign that utilizes computer -generated messages or some
other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs,
LCDs, or a flipper matrix.
Sign Face: The display surface made available by the sign structure.
Sign, Flashing: Any sign having lights or illumination that blinks, flickers, or varies in intensity at any
time when in use.
Sign, Ground. Any sign supported by poles, uprights, braces, footers, or foundation extending from
the ground but not attached to any part of a building.
Sign, Human: An accessory sign which is worn (including costumes), held or attached to a human.
Human signs do not include T-shirts, hats, or other similar clothing.
Sign, Illuminated: A sign lighted by or exposed to artificial lighting either by lights on or, within the sign,
or directed toward the sign.
Sign, Mansard Roof: A sign attached to the side of a mansard roof.
Sign, Marquee: Any sign attached to or made a part of a permanent roof -like structure supported by a
building and projecting over public property.
Sign, Monument: A ground sign supported by and integrated with a solid base of footers, or foundation,
as opposed to being mounted to poles, posts or other supports.
Sign, Multi -Tenant: A sign that serves as a common or collective sign for two (2) or more uses on the
same premises.
Sign, Nonconforming: Any sign lawful when erected but which, on the effective date of this Title or
amendment to, does not conform to the limitations established by this Title.
Sign, Pedestal., A portable accessory sign supported by a stand or base.
Sign, Pole: A ground sign affixed, attached, or erected on a freestanding pole, posts, or other support
that is not itself an integral part of or attached to a building or structure.
Sign, Portable: Any accessory sign designed to be easily moved that is not permanently affixed to a
building, structure, or embedded in the ground.
Sign, Principal., A sign attached to a building, structure, or the ground in some manner that requires a
Sign Permit from the City and is made of durable materials approved by the City.
Sign, Projecting: Any sign, other than a wall sign or marquee sign, generally affixed at right angles to
a building or wall in such a manner that its leading edge extends more than eighteen inches (18") beyond
the surface of such building or wall.
Sign, Roof. A sign erected upon and extending above the roofline or parapet of the building or
structure.
Sign, Sandwich Board. A movable accessory sign constructed in such a manner as to form an "A" or
a tent -like shape, hinged or not hinged at the top; each angular face held at an appropriate distance by a
supporting member.
Sign, Snipe: An off -premise sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to
trees, poles, stakes, fences or other objects.
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Sign, Special Event: A sign placed by individuals conducting events including but not limited to picnics,
carnivals, bazaars, game nights, art fairs, and craft shows, or similar activities.
Sign, Suspended., A sign suspended from the underside of a horizontal plane of a structure.
Sign, Type 1 Temporary Site: An incidental sign posted not more than forty-five (45) calendar days
prior to an election involving candidates or issues for the federal, state, or local district in which the property
is located.
Sign, Type 3 Temporary Site: A temporary sign erected on properties with an active Building Permit
issued by the City of Englewood.
Sign, Type 5 Temporary Site Signs: Signs, in the nature of decorations, clearly incidental to and
customarily and commonly associated with any holiday.
Sign, Wall. A sign attached to, painted on, or erected against a wall of a building, the face (display
surface) of which is parallel to the facade of the building and which extends no more than eighteen inches
(18") from the wall.
Sign, Wind: Any sign set in motion by wind or breeze, such as banners, flags, pennants or other objects
or material. Flags of nations, states, or municipalities shall not be classified as wind signs.
Sign, Window: A sign posted, applied or affixed in or on a window which sign can be seen through the
window from the exterior of the structure but excludes merchandise in a display window.
Sign With Backing. 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., 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 other display.
Signable Area: That area of a building facade up to the roofline or top of the wall that is free of windows
and doors or major architectural detail.
Single Ownership: Ownership by one (1) or more persons in any form of ownership of a lot or lots
partially or entirely in the same ownership.
Site Improvement Plan: The development plan for one (1) or more lots on which is shown the existing
and proposed conditions of the lot including: topography, vegetation, drainage, flood plains, open spaces,
walkways, means of ingress and egress, utility services, landscaping, buildings, structures, and signs,
lighting, and screening devices, and any other information that reasonably may be required in order that an
informed decision can be made by the approving authority.
Site -Specific Development Plan: Any of the following applications as defined in this Title, if designated
by the applicant as a site -specific development plan for the establishment of vested property rights
according to C.R.S. 24-68:
(A) Final subdivision plat;
(B) Conditional use permits; and
(C) Site Improvement Plans (including site plans for PUDs).
The site -specific development plan shall describe with reasonable certainty the type and intensity of use
proposed for a specific parcel or parcels of property.
Small Animal., Dogs, cats, rodents, birds, reptiles, fish, and any other species of domestic animal that
is sold or retained as a household pet, but does not include skunks, nonhuman primates, and other species
of wild (typically not domesticated), exotic, or carnivorous animals that may be further restricted in the
Englewood Municipal Code.
Small Animal Veterinary Hospital or Clinic. A specific type of animal sales and service use. A place
where small animals such as dogs, cats, birds and other similar household domestic pets are given medical
or surgical treatment, and where use as a kennel is limited to short-term boarding and only for medically
a
related purposes, and where all uses are enclosed within a soundproof building and no objectionable odor
is emitted. See definition of "Animal Sales and Service".
Small Area Plan: Refers to the applicable station area Comprehensive Plan amendment adopted by
the City of Englewood, as amended from time to time.
Small Treatment Center. A specific type of group living use. A residence for up to eight (8) unrelated
individuals, some or all of whom are receiving on -site medical or psychological treatment. If any individual
resident of a group living facility with up to eight (8) unrelated individuals receives on -site medical or
psychological treatment, the entire facility shall be classified as a small treatment center (rather than a small
group living facility). Examples of small treatment centers shall include any of the following that meet this
definition:
(A) A nursing home; or
(B) A nursing facility, as defined in C.R.S. 26-4-103 (11) et seq., as amended; or
(C) Institutions providing life care, as defined in C.R.S. 12-13-101(5) et seq., as amended; or
(D) A physical/mental rehabilitation home; or
(E) A state -licensed group home for the developmentally disabled, as defined in C.R.S. 31-23-
303(2)(a) et seq., as amended that is not categorized as a state licensed community residential
home as defined in C.R.S. 27-10.5-102(4) et seq., as amended; or
(F) A state -licensed group home for persons with mental illness, as defined in C.R.S. 25-27-102(8)
et seq., as amended.
See definition of "Group Living".
Solid: As relates to the development of fences, walls, and visual barriers, "solid" means a vertical
surface with less than fifty percent (50%) open space.
Special Event (Carnival/Circus, Fair, Bazaar): A temporary commercial or festive activity or promotion
at a specific location, which takes place typically no more than once per year including, but not limited to,
carnivals, bazaars, circuses, and festivals.
Special Mobile Equipment: Means and consists of vehicles, self-propelled or otherwise, designed
primarily for operation or use on or off the streets and highways and only incidentally used or moved upon
such streets or highways. This definition shall include by way of example, but not by way of limitation,
snowplows, road construction or maintenance equipment, ditch -digging or excavating apparatus, well -
drilling or boring equipment, firefighting equipment and vehicles designed to transport equipment and
vehicles used in connection with or for the repair and maintenance of construction or maintenance
equipment temporarily or permanently mounted on such vehicles, provided that such equipment is
transported from yard to job, job to job, or job to yard and equipment primarily designed for hoisting, lifting,
moving, loading or digging operations. The foregoing definition is partial and shall not include other vehicles
of unusual design, size or shape that are designed primarily for purposes other than transporting
merchandise or passengers.
Specialized Sign Area: An area of the City where special types or amounts of signage are permitted,
encouraged, or required through an action of Council. Specialized sign areas include the South Broadway
sign area.
Specified Anatomical Areas: As used herein, shall mean and include any of the following:
(A) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or
female breasts below a point immediately above the top of the areolae; or
(B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities: As used herein, shall mean and include any of the following:
(A) Human genitals in a state of sexual stimulation or arousal;
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(B) Acts of human adamitism, analingus, bestiality, cunnilingus, coprophilia, fellation, flagellation,
frottage, masochism, masturbation, sadism, sadomasochism, sexual intercourse, sodomy or
urolagnia; and
(C) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
Stand or Standing: The halting of a vehicle, whether occupied or not, other than momentarily for the
purpose of and while actually engaged in receiving or discharging passengers.
Standard: A mandatory regulation. Noncompliance with a standard may be grounds for denial of a
proposal for development, and may subject an applicant or a development to the enforcement and penalty
provisions of this Title. Mandatory standards are indicated by use of the terms "shall" and "must".
Start of Construction: Includes substantial improvement, and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement
was within one hundred eighty (180) days of the permit date. The actual start means the first placement of
permanent construction of a structure on a site, such as the pouring of 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. Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure.
Station Area Standards and Guidelines: Refers to the specific document containing detailed
development and design standards and guidelines applicable to development in the subject station area
and adopted by the City of Englewood, as amended from time to time.
Storage: Safekeeping of goods in a warehouse or other place of depository.
Store: A use devoted exclusively to the retail sale of a commodity or commodities.
Storm Water Detention: Any storm drainage technique that retards or detains runoff, such as a
detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells or any
combination thereof.
Storage Yard for Vehicles, Equipment, Materials, and/or Supplies: A specific type of
warehouse/storage use. An area, other than a street or alley, designed or used primarily for the temporary
parking of vehicles. See definition of "Warehouse/Storage".
Story: That portion of a building included between the surface of any floor and the surface of the floor
next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it
and including those basements used for the principal use.
Street: Any public right-of-way for the free passage of persons, trade and commerce, and which affords
a principal means of access to property abutting along its length. This term does not include private roads.
Streets are classified as follows:
(A) Freeway: Provides for expeditious movement of large volumes of through traffic and generally
not intended to provide land -access service except by use of grade separation that may be
combined with parallel frontage roads.
(B) Arterial., Provides for "through" traffic movement connecting major land use elements within the
City, and connecting the City and adjacent communities with one another. Direct access is
ordinarily provided to abutting property; however, consideration must be given to the control of
entrances, exits, and curb use in order that the traffic movement can be relatively unimpeded
throughout the City.
(C) Minor and major collector street.' Provides for traffic movement between arterials and local
streets with direct access to abutting property.
(D) Residential collector street: A minor collector street that provides access to the interior of a
residential subdivision or development from the perimeter streets.
W.
(E) Local Street., Provides for direct access to abutting land, and for local traffic movement primarily
in residential areas.
Street Frontage: The linear distance along a property line adjacent to a public or private street.
Street Furniture: Any man-made, aboveground items that are usually found in street rights -of -way,
including benches, kiosks, plants, canopies, shelters, lights and phone booths.
Structurally Altered: The making of a substantial change in the construction, identity, and use of the
present building.
Structure: Anything constructed or erected that requires location upon or under the ground or attached
to something having location upon or under the ground.
Structure (forfloodplain purposes): See 164-16 EMC: Floodplain Definitions.
Structure, Permanent: A structure that is built of such materials and in such a way that it would
commonly be expected to last and remain useful for a period of time.
Structure, Temporary: A structure that is built of such materials and in such a way that it would
commonly be expected to have a relatively short life, or is built for a purpose that would commonly be
expected to be relatively short, or any structure intended for nonpermanent use or occupancy.
Studio: A use category that includes activities generally focusing on media production.
Studio, RadiolTelevision Broadcasting or Recording/Film: A specific type of studio use. A facility for
broadcasting live or pre-recorded programs by radio and/or television; and/or recording on records, tapes,
videotapes, or other suitable recording media. Such facility may perform activities necessary for recording
programming and receiving of radio and/or television signals. Such facility shall not engage in production
of consumer products. See definition of "Studio".
Subdivider. Any person or other entity, or any agent thereof, dividing or proposing to divide realty
Subdivision: Any division of land, lot, tract, or parcel into two (2) or more lots, parcels, plats, sites, or
other division of land for the purpose of sale, lease, offer or development, whether immediate or future. The
term "Subdivision" also includes the creation of condominiums, town home communities, and other forms
of airspace ownership or air -right subdivisions, as described and defined in C.R.S. 38-33-101, et seq., as
amended.
Substantial Damage (forfloodplain purposes): See 16-4-16 EMC: Floodplain Definitions.
Substantial Expansion or Alteration (of a Residential Dwelling): For purposes of the residential design
standards in Chapter 16-6 EMC, any construction, reconstruction, or improvement of a principal residential
structure that is equal to or greater than twenty-five percent (25%) of the principal structure's total gross
floor area existing prior to the expansion or alteration.
Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which
equals or exceeds fifty percent (50%) of the market value of the structure either:
(A) Before the improvement or repair is started; or
(B) If the structure has been damaged and is being restored, before the damage occurred. For the
purpose of this definition "substantial improvement" is considered to occurwhen the first alteration
of any wall, ceiling, floor, or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure.
The term does not, however, include either:
(A) Any project for improvement of a structure to comply with existing State or local health, sanitary,
or safety code specifications which are solely necessary to assure safe living conditions; or
(B) Any alteration of a structure listed on the National Register of Historic Places or a State inventory
of historic places.
Substantial Improvement (for floodplain purposes): See 16-4-16 EMC: Floodplain Definitions.
Surface Water., Water on the earth's surface exposed to the atmosphere as rivers, lakes, or streams
Swimming Pool: Any structure, portable or permanent, containing a body of water twelve inches (12")
or more in depth, intended for recreational purposes, including a wading pool; but not including an
ornamental reflecting pool or fish pond or similar type of pool not to be used for swimming or wading.
Take Out and Delivery Only (Food and Beverage Service): A specific type of food and beverage
service use. An eating/drinking establishment, generally without patron seating that provides food and/or
beverages to be delivered or to be picked up, typically for consumption off the premises of such
establishment. See definition of "Food and Beverage Service".
Tangible Personal Property. All personal property other than choses in action, securities, or printed
evidences of indebtedness, which property is deposited with or otherwise actually delivered into the
possession of a pawnbroker in the course of business in connection with a contract for purchase or
purchase transaction.
Tattoo and Body -Piercing Establishment: A specific type of retail sales and service (personal service)
use. Any corporation, company, partnership, or individual that offers or performs tattooing or body piercing
for any fee, charge, or remuneration of any kind. For the purposes of this Title, this does not include
establishments performing ear piercing as an incidental service to the permitted principal use. See definition
of "Retail Sales and Service (Personal Service)".
Telecommunication Facility: A use category composed of facilities that transmit analog or digital voice
or communications information between or among points using electromagnetic signals via antennas,
microwave dishes, and similar structures. Supporting equipment includes buildings, shelters, cabinets,
towers, electrical equipment, parking areas, and other accessory development.
Telecommunications Provider., Includes every person or entity that provides telecommunications
service utilizing telecommunications facilities.
Telecommunications Service: The providing or offering for rent, sale or lease, or in exchange for other
value received, of the transmittal of voice, data, image, graphic and video programming information
between or among points by wire, cable, fiber optics laser, microwave, radio, satellite or similar facilities,
with or without the benefit of any closed transmission medium.
Temporary Employment Business: A specific type of retail sales and service (personal service) use.
Any person, firm, partnership, association or corporation that maintains a central location where day
laborers assemble and are dispatched to work for a third -party user. See definition of "Retail Sales and
Service (Personal Service)".
Temporary Use: A use established for a fixed period of time with the intent to discontinue such use
upon the expiration of the time period.
Tent/Canopy: A temporary structure or enclosure, the roof of which and/or one-half (%) or more of the
sides are constructed of silk, cotton, canvas, fabric, or a similar pliable material.
Tent or Parking Lot Sales: A temporary retail use conducted on the premises of a permanent, principal
retail commercial establishment. Typically, the temporary retail sales occur on a portion of the parking lot
that serves the permanent retail use, and are often conducted in whole or in part from within a tent.
Theater and Performance/Concert Venue, Not Including Adult Entertainment. A specific type of indoor
entertainment/amusement use. A building or part of a building devoted to showing motion pictures or for
dramatic, musical, operatic, or live performances for admission to which, money is received, and no
audience participation or meal service is allowed, but not including an adult entertainment use. See
definition of "Entertain ment/Amusement: Indoor".
Topography: The configuration of a surface area showing relative elevations.
Tower Structure: A specific type of telecommunication facility use. Any structure that is designed and
constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting
lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers,
microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the
like. See definition of "Telecommunication Facility".
Tower Structure, Alternative: A specific type of telecommunication facility use. Any man-made trees,
clock towers, bell steeples, light poles, water towers and similar alternative design mounting structures that
camouflage or conceal the presence of antennas or towers. See definition of "Telecommunication Facility".
Trade or Business School: A specific type of school (commercial) use. Any school or institution, either
profit or nonprofit, that is not included in the definition of an "Education Institution," which school is
consistent with other uses in the neighborhood or district in which the crafts or trades themselves are
permitted.
Trail. A tract of land designated and used by the public for walking, hiking, biking, and/or horseback
riding, including a facility for the parking of motor vehicles that provides safe access to the trail (trail head).
Trailer. Any wheeled vehicle, without motive power having an empty weight of more than two thousand
(2,000) pounds, which is designed to be drawn by a motor vehicle and to carry its cargo load wholly upon
its own structure and which is generally and commonly used to carry and transport property over the public
highways.
Transit Center. A specific type of transportation facility use. A building, structure, or area designed and
used for persons changing transportation modes. Facilities and improvements may include shelters,
benches, signs, and structures. See definition of "Transportation Facility".
Transition Duration: The time interval it takes a display to change from one static frame to another.
Transition Method. A visual effect used to transition from one frame to another. Transition methods
include, but are not limited to dissolve, fade, scroll and travel.
Transportation Facility: A use category that includes facilities for the landing and takeoff of airplanes
and helicopters, including loading and unloading areas, and passenger terminals for bus and light rail
service. Accessory uses include freight handling areas, concessions, offices, parking and maintenance and
fueling facilities. Exception: Private helicopter landing facilities that are accessory to another use may be
considered accessory uses.
Tree: Large, self-supporting woody perennial plant that normally grows to a mature height of at least
fifteen feet (15), usually with one (1) main stem or trunk and many branches. May be deciduous or
evergreen.
Truck: Any motor vehicle equipped with a body designed to carry property and which is generally and
commonly used to carry and transport property over the public highways.
Use: Any purpose for which a building or other structure or a tract of land may be designed, arranged,
intended, maintained, or occupied; or, any activity, occupation, business, or operation carried on, or
intended to be carried on, in a building or other structure or on a tract of land.
Utility Facility: A use category including all lines, buildings, easements, passageways, or structures
used or intended to be used by any public or private utility related to the provision, distribution, collection,
transmission, or disposal of power, oil, gas, water, sanitary sewage, communication signals, or other similar
services on a local level; and other in -line facilities needed for the operation of such facilities, such as gas
regulating stations, pumping stations, power or communication substations, dams, reservoirs, and related
power houses. Additionally, a utility facility means any energy device and/or system that generates energy
from renewable energy resources including solar, hydro, wind, biofuels, wood, geothermal, or similar
sources. Services may be publicly or privately provided. Accessory uses may include control, monitoring,
data, or transmission equipment.
Utility Facility, Major. A specific type of large-scale utility facility use, typically serving the region, the
entire city, or a significant subarea of the city, which normally entails the construction of new buildings or
structures, and that often have employees at the site. Major utility facilities have potential major impacts on
an area or city by virtue of their appearance, noise, size, traffic generation, externalities, or other operational
characteristics. Examples include water works, reservoirs, power or heating plants, energy/power
transmission lines, power generating plants, and sewage or wastewater treatment plant. See definition of
"Utility Facility".
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Utility Facility, Minor. A specific type of small-scale utility facility use that provides utilities necessary
to support development either within a specific subarea of the city or the immediate vicinity of the facility.
This use typically involves the construction or installation of only minor structures. Employees typically are
not located at the site. Examples include electric transformer stations; gas regulator stations; telephone
exchange buildings; well, water, and sewer pumping stations, power lines; storm drainage facilities; pump
stations and hydrants; switching boxes; and other structures normally found in a street right-of-way to serve
adjacent properties. A minor utility facility may be either a principal or accessory use of land. See definition
of "Utility Facility".
Variance: A grant of relief from the requirements of this Title that permits construction in a manner that
would otherwise be prohibited by this Title.
Vegetative Protection: Stabilization of erosive or sediment producing areas by covering the soil with
permanent or short-term seeding, mulching or sodding.
Vehicle: Any device which is capable of moving itself, or being moved, from place to place upon wheels
or endless tracks; but such term shall not mean or include any farm tractor or any implement of husbandry
designed primarily or exclusively for use and used in agricultural operations, or any device moved by
muscular power, or moved exclusively over stationary rails or tracks, or designed to move primarily through
the air.
Vehicle, Motor A self-propelled device used for transportation of people or goods over land surfaces
and licensed as a motor vehicle.
Vehicle and Equipment: A use category including a broad range of facilities for the sale, rental, and/or
maintenance of motor vehicles and related equipment. Large parking areas and outdoor storage areas may
be included with these uses. Accessory uses may include incidental repair and storage, offices, and sales
of parts and/or tires.
Vested Property Right: The right to undertake and complete the type and intensity of development and
use of property under the terms and conditions of an approved site -specific development plan for a period
of three (3) years from the date of approval. Vested property rights may include the number and type of
units or the type and amount of square footage of development described on an approved site -specific
development plan, but shall not include any aspect of the site -specific development plan that does not
directly affect the type or intensity of use, such as but not limited to signage, landscaping, streets, utilities,
parking, or drainage.
Vintner's Restaurant: A retail establishment, licensed by the appropriate State and Federal authorities,
that sells food for consumption on the premises and that manufactures not more than two hundred fifty
thousand (250,000) gallons of wine on its premises each year.
Violation: Generally, the failure of a land use, building, structure, or other development to be fully
compliant with this Title's requirements.
Violation (forfloodplain purposes): See 164-16 EMC: Floodplain Definitions.
Visible Sight Triangle: See definition of "Sight Triangle".
Visual Barrier.' A solid (opaque) vertical surface other than a fence or wall, such as an evergreen hedge
or other landscaping that for at least three (3) months of a year has foliage that creates a solid surface.
Visitor Accommodation: A use category characterized by visitor -serving facilities that provide
temporary lodging in guest rooms or guest units, for compensation, and with an average length of stay of
less than thirty (30) days. Accessory uses may include pools and other recreational facilities for the
exclusive use of guests, limited storage, restaurants, bars, meeting facilities, and offices.
Walla
(A) The vertical exterior surface of a building.
(B) Vertical interior surfaces that divide a building's space into rooms.
Wall Mural: A picture painted on any exterior wall of a principal building, including but not limited to:
non-commercial art, painted images, or the restoration of a previously existing wall painting.
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Warehouse: A use category characterized by establishments primarily engaged in the sale or
distribution of goods and materials in large quantity to retailers or other businesses for resale to individual
or business customers.
Exception: This definition does not include heavy manufacturing, resource extraction, scrap operations, or
salvage operations.
Warehouse/Storage: A use category that includes establishments involved in the storage or movement
of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer,
except for some will -call pickups. There is little on -site sales activity with the customer present. Accessory
uses may include offices, truck fleet parking, and maintenance areas.
Warehousing and/or Storage: A specific type of warehouse/storage use engaged in (1) the storage of
goods, materials, vehicles, trailers, or boats, and/or (2) the distribution of goods and materials to another
location for the purposes of resale or use at the place distributed to. At least fifty percent (50%) of the gross
floor area of the use shall be used for warehouse and distribution purposes. This shall include offices
located on the same property in conjunction with such uses. This shall not include heavy manufacturing,
resource extraction, scrap operations, or salvage operations. See definition of "Warehouse/Storage".
Waste/Salvage: A use category that includes establishments that receive solid or liquid wastes from
others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses
that manufacture or produce goods or energy from the composting of organic material or processing of
scrap or waste material. Waste/salvage uses also include uses that receive hazardous wastes from others.
Accessory uses may include recycling of materials, offices, and repackaging and shipment of by-products.
Waste Transfer Station (Not Including Hazardous Waste): A specific type of waste/salvage use. Any
facility or structure, with the exception of a motor vehicle, where trash is collected. Generally located on a
plot of ground, with appropriate structures and mechanical equipment for the collection, compaction, and/or
loading of trash. See definition of "Waste/Salvage".
Whip Antenna: An antenna that is cylindrical in shape. Whip antennas can be directional or
omnidirectional and vary in size depending upon the frequency and gain for which they are designed.
Winery., Any establishment, licensed by the appropriate State and Federal authorities, where vinous
liquors are manufactured, except that the term does not include a Vintner's Restaurant license pursuant to
12-47-420 C.R.S. Or, as this definition may be modified in C.R.S. 1247-103.
Window Area: The area of all windows on the first floor of a building that face or are visible from one
public right-of-way.
Work of Art: All forms of original creations of visual art, including but not limited to: (1) sculpture, in any
material or combination of materials, whether in the round, bas-relief, high relief, mobile, fountain, kinetic,
or electronic; or (2) painting, whether portable or permanently fixed, as in the case of murals; or (3) mosaics;
or (4) photographs; or (5) crafts made from clay, fiber and textiles, wood, glass, metal, plastics, or any other
material, or any combination thereof; or (6) calligraphy; or (7) mixed media composed of any combination
of forms or media; or (8) unique architectural stylings or embellishments, including architectural crafts; or
(9) environmental landscaping; or (10) restoration or renovation of existing works of art of historical
significance.
Xeriscape: Landscape methods that conserve water through the use of drought -tolerant plants and
planting techniques.
Yard: An existing open space, other than a court, on the same lot with a principal building or structure,
that is open, and unoccupied by buildings. A "yard," in contrast to a "setback," is the open space on a lot
that is established by the actual placement of a principal building and accessory structures; in some cases,
the resulting yard may be greater in area than a required minimum setback.
Yard, Front: A yard extending across the full width of the lot between the front lot line and the nearest
line or point of the principal building.
Yard, Rear: A yard extending across the full width of the lot between the rear lot line and the nearest
line or point of the principal building.
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Yard, Required. See definition of "Setback".
Yard, Side: A yard between the side line of the lot and the nearest line of the building and extending
from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot line, as
may be.
Zone District: An area within which certain uses of land and buildings are permitted and certain others
are prohibited, yards and other open spaces are required, lot areas, building height limits and other
requirements are established, all of the foregoing being identical to all of the properties within the zone
district.
Section 8. Notice of general provisions and findings applicable to interpretation and
application of this Ordinance:
Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2,
Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth
above, including, but not limited to, the provisions regarding severability, inconsistent ordinances
or code provisions, effect of repeal or modification, and legislation not affected by repeal.
Enforcement. E.M.C. §16-10-2 provides that any violation of Title 16 shall be subject to the
penalties provided for within E.M.C. Title 1, Chapter 4, "General Penalty" provision(s). E.M.C.
§ 1-4, subsections 1-7, mandate that except as otherwise provided within specific Titles, Chapters,
or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of
any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six
hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred
sixty (360) days or by both such fine and imprisonment.
Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is
promulgated under the general police power of the City of Englewood, that it is promulgated for
the health, safety, and welfare of the public, and that this Ordinance is necessary for the
preservation of health and safety and for the protection of public convenience and welfare. The
City Council further determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Introduced, read in full, and passed on first reading on the 18th day of February, 2020.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 20th day
of February, 2020.
Published as a Bill for an Ordinance on the City's official website beginning on the 19th day
of February, 2020 for thirty (30) days.
Read by Title and passed on final reading on the 2nd day of March, 2020.
Published by Title in the City's official newspaper as Ordinance No. 9, Series of 2020, on the
5th day of March, 2020
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Published by title on the City's official website beginning on the 4th day of March, 2020 for
thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
ATTEST:
Carlile, City Clerk
Linda Olson, Mayor
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and
foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No.
9, Series of 2020.
4-)
,�Yephanig Carlile
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