ARTICLE 11. ABANDONMENT OF RIGHTS-OF-WAY AND EASEMENTS*

*Cross reference(s)--Streets, sidewalks and other public places, Ch. 21; general overview of proposals, procedures, and applications, Ch. 27, Art. 2; public pedestrian easement, Ch. 27, § 5.1-3; planned development zone districts, Ch. 27, Art. 6; acceptance of streets and other public land dedications, Ch. 27, 7-7; annexations, Ch. 27, Art. 9; public rights-of-way, Ch. 27, 10-4; streets, alleys, and easements, Ch. 27, § 10-5-2.

Sec. 11-1. Application filing and processing.

Sec. 11-2. Submittal requirements.

Sec. 11-3. Criteria for review, recommendation, and approval.

Sec. 11-4. Recording of abandonment ordinance.

Sec. 11-1. Application filing and processing.

Any citizen(s), departments of the city, the planning commission, or the city council may request an abandonment of a right-of-way or an easement.

11-1-1 Procedures. The following procedure shall be used for processing an abandonment application:

(Ord. No. 1989-9, § 2, 4-4-89; Ord. No. 1994-2, § 4, 2-1-94)

Sec. 11-2. Submittal requirements.

11-2-1 Materials. The applicant shall submit to the department the following materials. Only complete submittals shall be accepted.

(Ord. No. 1989-9, § 2, 4-4-89)

Sec. 11-3. Criteria for review, recommendation, and approval.

11-3-1 Evaluation. The following criteria shall be used in the evaluation of all applications for the abandonment of right-of-way or easement.

(Ord. No. 1989-9, § 2, 4-4-89)

Sec. 11-4. Recording of abandonment ordinance.

Upon approval of an application by the city council, the ordinance of abandonment shall be recorded at the office of the county clerk and recorder.

(Ord. No. 1989-9, § 2, 4-4-89)

ARTICLE 12. APPEALS, WAIVERS, AND VARIANCES*

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*Cross reference(s)--Administration, Ch. 2; boards, commissions and committees, Ch. 5; buildings and building regulations, Ch. 6; fire prevention and protection, Ch. 8; planning commission, Ch. 27, § 1-8; zoning districts and zoning map, Ch. 27, Art. 4; appeals, waivers and variances re overlay zones, Ch. 27, § 5.3; subdivision of land, Ch. 27, Art. 7, building permit, Ch. 27, Art. 8; waivers or variances of design standards and development requirements, Ch. 27, § 10-5-19; appeals and variances re floodplain standards and procedures, Ch. 27, § 10-8; administration and enforcement, Ch. 27, Art. IV.

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Sec. 12-1. Land use and development code board of appeals.

Sec. 12-2. Building and fire code board of appeals.

Sec. 12-3. Design review board.

Sec. 12-4. Planning commission and city council.

Sec. 12-5. City manager.

Sec. 12-6. Minutes.

An appeal, as provided for within this code, shall be filed at the department. Each letter of application or appeal shall be referred, by staff, to the appropriate board or the planning commission depending on the nature of the appeal. A request for a waiver (deletion) of a provision, requirement, or standard or a request for a variance (change) of a provision, requirement, or standard are both considered an "appeal" within the intent of this article.

The following identifies each appellate body or entity, including the planning commission, sets forth its jurisdiction, composition, and operation, and sets forth the procedures for the consideration of an appeal.

Sec. 12-1. Land use and development code board of appeals.

12-1-1 Board composition and operation.

12-1-2 Board jurisdiction. The land use and development code board of appeals shall have the power and duty to:

12-1-3 Application filing and processing.

(Ord. No. 1989-9, § 2, 4-4-89; Ord. No. 1999-3, § 1, 3-7-99)

Sec. 12-2. Building and fire code board of appeals.

12-2-1 Board composition and operation.

12-2-2 Board jurisdiction. The board shall have the powers and duties to:

12-2-3 Application filing and processing.

(Ord. No. 1989-9, § 2, 4-4-89)

Sec. 12-3. Design review board.

12-3-1 Board composition and operation.

12-3-2 Board jurisdiction. The board shall have the powers and duties to:

(Ord. No. 1989-15, § 3, 8-15-89; Ord. No. 1995-23, §§ 16, 17, 10-17-95)

12-3-3 Application filing and processing.

12-3-4 Review of projects in design overlay zones and the CBD River District.

(Ord. No. 1995-23, § 18, 10-17-95)

12-3-5 Appeal of a design review board decision. A decision made by the design review board only under the provisions of section 12-3-2(a) and (b) may be appealed by any person to the city council in accordance with section 2-3-2(c)(2).

(Ord. No. 1989-9, § 2, 4-4-89)

Sec. 12-3.5. Established neighborhood design review board (ENDRB).

12-3.5-1 Board established. There is hereby created and established a regulatory board to be known as the "established neighborhood design review board" (ENDRB), which shall have responsibility for matters in established neighborhoods, consisting of Old Durango, Second and Third Avenues, East Animas City, Crestview and Needham, and Riverview, as set forth below.

            (a)        Membership. The board shall consist of five (5) members providing a balanced, representation of established neighborhoods, where possible. At least forty (40) percent of ENDRB members shall be professionals in disciplines such as architecture, landscape architecture, urban design or planning. Recognizing that professionals may not be available, this requirement can be waived if the city makes a good faith effort to recruit professionals and demonstrates that it is capable of carrying out ENDRB responsibilities. In addition, where feasible, members of the ENDRB shall be drawn from the affected EN-district neighborhoods. The administrator (Director of the Durango Planning and Community Development Department or appointed department representatives) shall serve as staff to the board.

            (b)        Powers and duties. In its actions, the ENDRB shall operate in accordance with the City of Durango Rules and Procedures for Boards and Commissions and may adopt additional operating procedures that are consistent with such rules and procedures and this Code. The ENDRB shall:

                        (1)        Review any application for improvements in an EN-district provided by the city staff and advise on the application of the adopted design guidelines.

                        (2)        Review and make decisions on any application for alternative compliance as set out in section 4-3-4.5(e)(5).

                        (3)        Make a recommendation regarding any variance of the requirements in the EN-districts to the board of appeals.

                        (4)        Advise the city council on matters related to enhancing the established neighborhoods of the city.

            (c)        District and procedural review. Within one (1) year of adoption of the EN-districts and every two (2) years thereafter, the ENDRB shall prepare a report analyzing the effectiveness of the EN-district standards and procedures at achieving the intent of the adopted design guidelines, and make recommendations to the city council for changes, if any appear appropriate.

(Ord. No. O-2005-41, § 6, 1-3-06)

                Editors Note: Ord. No. O-2005-41, § 7, adopted Jan. 3, 2006 stated that "To implement the residential infill design standards herein set forth and to assist in compliance therewith, the City Council hereby adopts the EN - District Design Guidelines, a true and correct copy of which are attached hereto as Appendix "A" and by this reference incorporated herein." Appendix A is on file and available for inspection in the planning and community development office.

Sec. 12-4. Planning commission and city council.

12-4-1 Commission appeal jurisdiction.

(Ord. No. 1989-9, § 2, 4-4-89)

12-4-2 Council appeal jurisdiction:

(Ord. No. 1997-31, § 2, 10-21-97)

Sec. 12-5. City manager.

12-5-1 Administrative and procedural interpretations.

(Ord. No. 1989-9, § 2, 4-4-89)

Sec. 12-6. Minutes.

All proceedings and evidence, testimony, evaluations and actions shall be clearly stated in the minutes of each hearing or meeting of each of the above-referenced boards, the city manager, the commission, or the city council.

(Ord. No. 1989-9, § 2, 4-4-89)

ARTICLE 13. TEXT AMENDMENTS TO CODE*

*Cross reference(s)--General provisions, Ch. 1; administration, Ch. 2; general overview of proposals, procedures, and applications, Ch. 27, Art. 2; procedures for adoption of and amendments to, plans and policies, Ch. 27, § 3-1-4; zoning districts and zoning map, Ch. 27, Art. 4; amendments to final plan re planned development districts, Ch. 27, § 6-5-7; appeals, waivers, and variances, Ch. 27, Art. 12.

Sec. 13-1. Procedure for text amendments.

Sec. 13-2. Criteria for review, recommendation and approval.

This article of the code sets forth the procedures, requirements, and criteria for adopting amendments to the text of this code. Applications for an amendment to the text may be initiated and proposed by citizens, administrative staff, planning commission, other city boards or commissions, or city council.

(Ord. No. 1991-12, § 4, 10-15-91)

Sec. 13-1. Procedure for text amendments.

(Ord. No. 1989-9, § 2, 4-4-89; Ord. No. 1991-12, § 5, 10-15-91)

Sec. 13-2. Criteria for review, recommendation and approval.

The following evaluations shall be made on a proposed amendment prior to making a recommendation or approving an application.

(Ord. No. 1989-9, § 2, 4-4-89)

ARTICLE 14. ADMINISTRATION AND ENFORCEMENT*

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*Cross reference(s)--Administration, Ch. 2; enforcement of development schedules re planned development districts, Ch. 27, § 6-5-6; subdivision penalty, Ch. 27, § 7-9; enforcement of sign provisions, Ch. 27, § 10-3-12; administration of floodplain standards and procedures, Ch. 27, § 10-8-3; appeals, waivers, and variances, Ch. 27, Art. 12.

Sec. 14-1. Identification of administrator.

Sec. 14-2. Inspection by administrator.

Sec. 14-3. Code violations and enforcement.

Sec. 14-4. Civil remedies.

Sec. 14-5. Criminal penalty.

The procedures outlined in this article are applicable to all articles, sections and subsections of this code.

Sec. 14-1. Identification of administrator.

The administrator of this code shall be the director of the city planning and community development department as designated by the city manager through appropriate process and instruments. The administrator is authorized to establish planning and community development department standards of operation and procedures consistent with the purpose of this code, and is further empowered to delegate the duties and powers granted to and imposed upon the administrator under this code. As used in this code, "administrator" shall include staff authorized by the administrator.

(Ord. No. 1989-9, § 2, 4-4-89)

Sec. 14-2. Inspection by administrator.

The administrator is hereby empowered to enter or inspect any building, structure or premises in the city upon which, or in connection with which, a development or land use is located for the purpose of inspection to ensure compliance with the provisions of this code. Such inspections shall be carried out during business hours, unless an emergency exists. Inspections shall be made only after contact with the owner and any tenant of the premises, whose permission for the inspection shall be secured. Failing permission, no inspection shall be undertaken without an order from a court of competent jurisdiction.

(Ord. No. 1989-9, § 2, 4-4-89)

Sec. 14-3. Code violations and enforcement.

14-3-1 Remedies. The remedies provided in this article for violations of, or failure to comply with, provisions of this code, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law. It is intended that the civil penalty described herein shall be used in preference to the criminal penalty. Except as otherwise provided in this code, any development or use initiated after adoption of this code which is not in compliance with the provisions of this code shall be referred to herein as an "unlawful" development or use.

14-3-2 Revocation of prior approval. In the case of violations of, or noncompliance with, conditions of approval established by the city council, a public hearing in accordance with section 4-4-2(c) through (i), may be held prior to civil action to investigate and consider a revocation of the previous approval.

(Ord. No. 1989-9, § 2, 4-4-89)

Sec. 14-4. Civil remedies.

The violation and/or failure to comply with the provisions of this code shall be and hereby is declared to be unlawful.

(Ord. No. 1989-9, § 2, 4-4-89; Ord. No. O-2003-39, § 1, 11-4-03)

Sec. 14-5. Criminal penalty.

The violation and/or failure to comply with any of the provisions of this code shall be and hereby is declared to be a misdemeanor. Upon conviction, any person in violation of, or showing failure to comply with, any of the provisions of this code shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than ninety (90) days, or by both fine and/or imprisonment, for each week or portion thereof, that the violation or noncompliance has continued.

Every person concerned in the violation of or showing failure to comply with the code, whether the person directly commits the act or aids or abets the same and whether present or absent, shall be proceeded against and held as a principal. As an additional means of enforcing this code, the administrator may accept a written violation of this code or of any rule or regulation adopted pursuant hereto, from any person engaging in or who has engaged in such act or practice. An assurance shall specify a time limit during which such discontinuance is to be accomplished. Failure to perform the forms of assurance shall constitute prima facie proof of a violation of this code or any rule or regulation adopted pursuant hereto or order issued pursuant thereto, which makes the alleged act or practice unlawful for the purpose of securing any injunctive relief from a court of competent jurisdiction.

(Ord. No. 1989-9, § 2, 4-4-89; Ord. No. O-2003-39, § 2, 11-4-03)

ARTICLE 15. DEFINITIONS*

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*Cross reference(s)--Definitions, rules of construction, § 1-2; rules of language, Ch. 27, § 1-7.

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Words listed in this article are those having a special meaning relative to the purposes of this code. Words used in this code which are not listed in this article shall be defined by an appropriate reference in a published standardized dictionary.

Abut: To directly touch and have common boundaries. Parcels across a public right-of-way or easement would not be abutting.

Abandoned sign: A sign no longer in use or a sign providing obsolete or outdated copy, as further defined in section 10-3 (Sign standards and procedures).

Accessory structure: A detached subordinate structure, the use of which is customarily incidental to, and supportive of, the principal structure or the principal use of land and which is located on the same parcel of ground with the principal structure or use.

Accessory use: A use customarily incidental to, subordinate to, and supportive of the principal use of the parcel.

Acquisition: The purchase, lease, or contract for purchase of land and/or structures.

Adjacent: To be abutting, adjoining, and surrounding area, to the extent that the proposal may impact or be impacted by the area. The width of public rights-of-way, easements, canals, or waste ditches shall not be counted when determining distance for adjacent properties, uses, etc.

Adjoin: To be abutting and across an alley, easement, canal, or waste ditch.

Administrative decision: Decisions made by a person employed by the city.

Administrator: The administrator of the code, as designated by the city council, to serve within the Durango Planning and Community Development Department.

Adult day care: A daytime community-based program for functionally impaired adults that provides a variety of health, social, and related support services in a protective setting.

Agribusiness: A business and/or commercial use operated primarily for the support of agricultural needs. It may consist of products, materials, and equipment servicing and sales; storage and/or processing of agricultural products and/or animals; veterinarian and/or technical support services.

Agricultural animals: Those animals commonly associated with agricultural use, including but not limited to cows, horses, pigs, goats, sheep, ducks, turkeys, and chickens, whose primary value is commercial rather than personal enjoyment.

Alley: A minor public thoroughfare which is not a street, upon which the rear of lots generally abut and which is generally used for service purposes.

Alteration: Any change, addition, or modification of any portion of the exterior of a building or designated feature, including changing paint color, which is visible from a public street or any other public place.

Animal clinic/hospital: A building where care and treatment of small animals, including household pets, is provided.

Animated sign: Any sign, or part thereof, which changes physical position or image by any movement or rotation.

Antenna: A specific device, the surface of which is used to transmit and/or receive radio-frequency signals, microwave signals, or other signals transmitted to or from other antennas for commercial purposes.

Applicant: Any person, firm, partnership, joint venture, association, corporation, group or organization who may apply for any permit, approval or decision required by this code.

Arterial street: A connected network of continuous routes serving intra- and interstate travel, as well as interurban travel. They serve high traffic volumes generally at higher speeds. Service to abutting land is subordinate to moving through traffic.

Assisted care facility: A residential facility which provides meals and assistance with daily activities, such as dressing, grooming bathing, etc. for the elderly or adults unable to manage these activities themselves. These are also referred to as board and care establishments.

Automated teller machine (ATM): An automated structure providing limited banking services without personal attendants.

Automobile sales establishment and lots: An open area under private ownership used for the display, sale or rental of new and/or used automobiles where no repair work is done, except minor incidental repair of automobiles to be displayed, sold or rented. (An office/shelter structure as an accessory to the use is permitted.)

Awning: A device made of cloth, metal or other material attached to a structure, which may be raised or retracted to a position against the structure when not in use, providing shade to a window or shelter.

Backfill: Material placed in an excavated space to fill such space.

Base course: The upper course of the granular base of the pavement or the lower course of an asphalt concrete pavement structure.

Bed and breakfast: A building of a residential character other than a hotel or motel compatible with the neighborhood, providing:

Block: A land area, which may consist of contiguous lots, established by a recorded plat, and usually bordered by ways or spaces for public or common use.

Boarding and rooming house: A building containing a single dwelling unit and three (3) or more rental rooms where lodging is provided, with or without meals, for compensation. This use may also provide room, board and personal care facilities for the elderly. These facilities must have all applicable state or local licenses and meet safety standards set forth by the fire department and city building inspection department. ("Compensation" may include money, services or other things of value.)

Building: Any permanent, roofed structure built for the shelter and enclosure of persons, animals, materials or property of any kind.

Cafe: A small establishment serving short-order food and beverage, where all service takes place within an enclosed building. Exterior eating areas may be permitted as an accessory use.

Canopy: A structure, other than an awning, made of cloth, metal or other material supported by a frame bearing on the ground. A canopy may be either freestanding or attached to a structure.

Carport: A roofed structure, providing space for sheltering one (1) or more vehicles, attached to a principal structure.

Certificate of occupancy: As defined in the Uniform Building Code.

Change of use: A change in the essential character or nature of the activity conducted on a lot, as evidenced by:

Changeable copy sign: A sign whereon provision is made for easily changeable letters or characters placed, either manually or electronically, in or upon the surface area to provide a message or picture.

City: The City of Durango.

Clinic: A facility for examining and treating patients for medical purposes on an outpatient basis, including ambulatory care or similar medical services that generally require a stay of less than twenty-four (24) hours.

Code: Unless otherwise specified, the City of Durango Land Use and Development Code.

Colocation: The placement and arrangement of multiple provider's antennas and equipment on a single support structure or equipment area.

Collector street: Streets which collect traffic from local streets in areas of homogeneous land use and channel it to arterial streets. Collector streets service moderate traffic volumes and primarily connect and carry local traffic movements with a minor amount of through traffic.

Commercial rafting companies: Any business organization or individual which charges a fee or imposes a charge of any nature to the general public, or any member thereof, for transportation on a waterway or rental of equipment to use in the water, regardless of the size or description of the equipment used for such purposes.

Commission: The City of Durango Planning Commission.

Common open space: An area of land and/or water within a project (subdivision, development, PD), which is designed and intended primarily for the use or enjoyment of residents, occupants, and owners within the project. Private yards, parking areas, structure square footage and roads shall not be considered open space, but may be "areas in common."

Conditional use: A use identified by this code which requires action by the planning commission and city council, after a public hearing(s), and if approved, authorizes the recipient to make use of property in accordance with the requirements of this code, as well as any additional requirements imposed by the council. A conditional use permit shall be issued by the department prior to commencing the use or construction for the use.

Condominium: Ownership in fee simple of a cubic air space including only interior surfaces and an undivided ownership share, in common with other purchasers, of the common elements of a project including land and its appurtenances.

Condominium conversion: The process by which an existing structure is subdivided into multiple interests as defined under "Condominium."

Convalescent home: A building where persons reside and are provided with medical care designed to restore them to health.

Council: The Durango City Council.

Counseling center: A facility where individuals or small groups are provided professional counseling assistance with personal, emotional, marital, medical, or similar problems on an out-patient basis.

County: La Plata County.

Covered parking: A covered parking area which is not attached to a principal structure and has no side walls or panels.

Cul-de-sac: A short, dead-end street terminating in a vehicular turnaround area.

Culvert: Any structure, not classified as a bridge, which provides an opening under or adjacent to the roadway.

Curb cut: An opening in a curbline for the passage of vehicles.

Custodial residence: A single-family dwelling unit, conducted as an accessory use to a commercial or industrial use, providing on-site housing for security purposes (see section 10-1-12).

Day care center: An establishment licensed by the State of Colorado providing day care, on a regular basis.

Density: The total number of dwelling units per acre. When calculating density per gross acre, all rights-of-way (including only one-half-to centerline-of any abutting rights-of-way), and/or open spaces are included in the total acre factor. When calculating density per net acre, all rights-of-way and/or open spaces are excluded from the total acre factor.

Department: The City of Durango Planning and Community Development Department.

Desert landscaping: The use of landscaping materials, both vegetative and nonvegetative, which are native to an arid or semi-arid climate.

Designated floodplain. The area identified as the floodplain in the flood insurance study and flood insurance rate map for the city, as prepared by the U.S. Department of Housing and Urban Development, Federal Insurance Administration.

Developer: A person, firm, partnership, joint venture, associations corporation, group or organization who shall participate as owner, promotor, developer or sales agent in the planning, platting, development, promotion, sale or lease of a development.

Development: Construction, improvement, placement or expansion of a use on a parcel of land, including but not limited to, buildings, structures, excavating, filling, grading, paving, mining, dredging, or drilling operations.

Direct illumination: Lighting of a sign by the copy itself being the lighted material (e.g., neon).

Directional sign: Any sign that directs the movement or placement of pedestrian or vehicular traffic.

Disposition: A contract of sale resulting in the transfer of equitable title to an interest in land; a lease or an assignment of an interest in land; or any other conveyance of an interest in land.

Drive-in: Facilities customarily providing parking spaces for the ordering, delivery, and consumption of a product or service in a parked vehicle.

Drive-thru business: A place of business where goods and services are delivered through a pickup window, generally to a vehicle.

Duplex: A two-family dwelling composed of two (2) dwelling units (see, "dwelling unit"). To qualify as a duplex, a minimum of twenty (25) percent of the length of two (2) walls shall be shared between the units, regardless of whether the wall is shared by all floors of the units. The shared walls shall not be the walls of a breezeway or accessory structure, but may include the walls of a garage.

Dustfree: A minimum treatment of the native soil with a covering of asphalt, concrete, wood, masonry, granite, gravel, oil penetration or soil-cement.

Dwelling unit: One (1) room or rooms with internal connections for residential occupancy and including bathroom and kitchen facilities. Multiple dwelling units exist if there is more than one (1) address for the property or more than one (1) kitchen. Multiple dwelling units may exist if there is more than one (1) meter for any utility; or if there are separate entrances to rooms which could be used as separate dwelling units; or if there is a lockable, physical separation between rooms in one (1) dwelling unit such that a room or rooms on each side of the separation could be used as a dwelling unit, or rooms with no internal connections.

Early learning center: A facility containing both day care and non-public schooling as licensed by the State of Colorado, provided the students attending the school are younger than ten (10) years old, and no more than twenty-five (25) percent of the children enrolled at the center are attending the school.

Easement: A right to use land for a particular purpose by persons, or an entity, other than the owner(s) of that land.

Electric sign: Any sign wired for and/or lighted by an electric source. This does not include signs illuminated by an exterior light source.

Engineer: Engineer licensed by the Colorado State Board of Registration.

Equivalent engineering performance standards for manufactured housing: Standards in compliance with the requirements and limitations established for manufactured housing in section 30-28-115, Colorado Revised Statutes, as from time to time amended.

Erosion exposure zone: Land which drains toward the Animas River at an uninterrupted slope in excess of four (4) percent, except that a slope of less than four (4) percent may interrupt the steeper slope if the shallower slope is fifty (50) feet or less in width. See Figure 5-1-4(c)(1).

Extractive uses: The act of removing surface and/or subsurface natural resources from the land. This includes exploratory drilling or mining, but excludes individual water well drilling.

Facade: That exterior side of a building which faces and is most nearly parallel to a public or private street. There can be only one (1) building facade for each street upon which a building faces.

Family: One (1) or more persons living together as a single housekeeping unit, provided that, unless all members are related by blood, marriage, or adoption, no such family shall contain over five (5) persons.

Family foster home: A home which receives one (1) to four (4) children for regular, full-time care.

Fence: A barrier of manmade construction regardless of the material used, including walls but not retaining walls. ("Material" does not include vegetation.)

Final administrative action: Constitutes the decision, determination, ruling or interpretation rendered by staff, or any board, commission, or council herein described, except when a right of appeal is granted under the terms of this code, in which event, final administrative action occurs after that appellate process has been concluded and an appellate decision rendered.

Final plat: A map establishing real estate interests for recording with the county clerk and recorder prepared by a Colorado Registered Surveyor. This survey shall be marked on the ground so that streets, blocks, lots and other divisions thereof can be identified and drawn in accordance with the requirements of this code.

Financial institution: Any building wherein the primary activity is federal or state-regulated business such as banking, loan companies or investment companies.

Fine arts school: A facility where classes in dance, painting, sculpting, singing or other arts are taught to four (4) or more students.

Fire flow survey: A testing of fire hydrants to determine capacity by volume and pressure for fire-fighting purposes.

Flashing sign: A sign which contains an intermittent or flashing light source.

Floodplain: An area adjacent to a watercourse which may be subject to flooding as a result of an increase in water flow beyond a normal high water mark.

Flood profile: Hydrological conclusions, based upon historical facts and engineering principles represented graphically, and showing the relationship of the water surface elevation during a one hundred-year flood to the channel and adjacent topography.

Freestanding sign: A detached sign which is supported by one (1) or more columns, uprights or braces extended from the ground or from an object on the ground, or a detached sign which is erected on the ground; provided that no part of the sign is attached to any part of any structure or other sign.

Frontage: That distance where a property line is common with a street right-of-way line.

Front parcel line: The property line dividing a lot from a street right-of-way.

Gasoline service station: Building and/or surfaced area where vehicles may be refueled and/or serviced. This service shall not include tire recapping, body painting or repair.

Geologic hazard area: An area which contains, or is directly affected by, geologic conditions which may constitute hazards for development. Geologic hazard mapping and supporting text material prepared by the Colorado Geologic Survey is located at the City of Durango and La Plata County Planning Departments.

Grade: Generally, grade shall be defined as ground level. Wherever possible, this shall mean undisturbed ground level which may be determined by on-site evidence (vegetation, ground level on adjacent land, elevation of adjacent streets and roads, soil types and location, etc.)

Greenhouse/nursery: Place where plants are raised, acquired and maintained for transplanting or sale. Sale or rental of small landscaping tools and supplies may be an accessory use.

Gross floor area: The total square footage of a building measured along outside enclosing walls including all floors of a multistory building, whether finished or unfinished.

Ground sign: A type of freestanding sign. (See "Freestanding sign".)

Group care facility: A facility providing custodial care and treatment in a protective living environment for persons residing voluntarily or by court placement including, without limitation, correctional and post-correctional facilities, drug or alcohol abuse centers, juvenile detention facilities, and temporary custody facilities.

Group residence: Dormitory, sorority, fraternity, and/or lodging where three (3) or more individual rooms are occupied on a nontransient basis, and where living and eating facilities are generally used in common with other residents.

Guest ranch: A working ranch, with an accessory use for the lodging and/or boarding of guests, which provides recreational activities on or adjacent to the ranch.

Halfway house: A home for persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct, together with personnel providing supervision and other services for such persons.

Hazard-prone area: An area which has not yet been officially designated as a hazard area but where historical evidence, climatological data, surface or subsurface geological, topographical, vegetative, or other on-site naturally occurring indicators make the likelihood of designation apparent.

Head water: The source of a stream or river.

Health department: The San Juan Basin Health Unit or Colorado State Health Department.

Heavy equipment: Large and weighty equipment, including but not limited to: trucks with more than a five-ton rating, cranes with a capacity of more than three (3) tons, crawler-type tractors and earthmovers weighing more than three (3) tons, dump trucks with the capacity of ten (10) cubic yards or more, and other equipment of comparable size and weight.

High water mark: The ordinary high water level or bank of a stream, river, lake or impoundment, which, in the absence of evidence to the contrary, shall be presumed to be the edge of the vegetation growing along the shore.

Historic district: A related group of historic structures, objects, features, and/or areas which is listed on Durango's Register of Historic Places.

Historic landmark: An individual structure, object, features, and/or areas which is listed on Durango's Register of Historic Places.

Home occupation: A vocational activity conducted as an accessory use, in a residential structure, secondary to the principal residential use, and meeting the requirements of this code (see section 10-1-12 and figure 4-2-7).

Hospital: Any building used for the accommodation and medical care of animal patients, or for human patients, including sanitariums, but excluding clinics, rest homes, and convalescent homes.

Hotel/motel: A building in which six (6) or more guest rooms are used to provide accommodations for transient guests for compensation. Additional services such as meeting rooms and recreational facilities may be provided.

Household pets: Those animals which are commonly kept as pets, whose primary value is personal enjoyment. These animals shall not be raised for commercial purposes and shall be limited to common species whose presence in the neighborhood does not arouse unusual community interest or curiosity sufficient to attract the community residents to a specific neighborhood.

Human scale: Building and spaces in scale with each other and in scale with the human use of these buildings and spaces.

Identification sign: A sign which shall refer only to the principal use of the parcel upon which the sign is located.

Illegal sign: A sign failing to conform with the provisions, standards, and requirements of section 10.3 of this code.

Illuminated sign: A sign lighted by, or exposed to, artificial lighting either by-lights in the sign or directed towards the sign.

Improvements: Street pavements, curbs, gutters, sidewalks, paths, bikeways, sedimentation control facilities, revegetation, water mains, sanitary and storm sewers, drainways, gas lines, electrical and telephone lines and appurtenances, street signs,trees and lights, lot pin monuments, range point boxes, and any other item required in conformance with the regulations of this code or any conditions of approval.

Improvements agreement: A contractual agreement between the city and the applicant which designates all improvements required to be constructed/installed by the approval of an application. Such agreement to be financially secured by the developer of a project.

Indirect illumination: Light only from a directed light source outside the sign face which reflects from the sign face.

Institutional sign: A sign setting forth the name of any charitable, educational, or religious institution.

Integral sign: Names of buildings, dates of erection, monumental citations, commemorative tablets and the like which are carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type construction and made an integral part of the structure.

Internal illumination: A light from a source concealed or contained within the sign, and which becomes visible through a translucent surface.

Junk: Any waste, scrap, surplus, or discarded material, including but not limited to metal, glass, paper, cardboard or fabric which is worn, deteriorated, and/or obsolete and may or may not be used again in some form, but excluding animal wastes and human sewage.

Junk vehicle: Any motor vehicle which is not currently licensed by the State of Colorado, except those vehicles considered to be antique or classic according to common usage.

Junkyard: A land area used for the storage, sale or abandonment of junk metals, glass, paper or other waste, including the dismantling, demolition, collection, crushing or baling of the waste materials. The term "junkyard" shall include "wrecking yard" and "salvage yard."

Kennel: A facility in which four (4) or more animals of the same species are housed, groomed, bred, boarded, or trained in return for compensation, or sold, and which may offer incidental medical treatment.

Library: A public facility for the use, but not sale, of literary, musical, artistic, or reference materials. A branch library differs from a central library in that it is smaller, has less floor area, fewer patrons, less traffic and only small administrative offices.

Landlocked parcel: A parcel of land without access of record with the county clerk and recorder.

Landscape: An area set aside from structures and parking, which is developed with plantings, woods, stone, brick, rock, sand, or other materials appropriate for landscape purposes; and/or pedestrian facilities (i.e., benches, tables, play facilities, paths, etc.).

Land use: See "Use."

Lateral sewer: A sewer which discharges into a trunk line and has only collection lines tributary to it. A line from a structure or use which discharges into a collection is not a lateral.

Live-work units: A structure or portion of a structure combining a residential living space with an integrated workspace principally used by one (1) or more of the residents. The workspace is secondary or accessory to the primary residential use.

Loading area: An off-street portion of a parcel for the temporary parking of commercial vehicles while loading or unloading materials for use or sale on the parcel. This area shall open onto a street or alley, and any use of the area shall not obstruct pedestrian or vehicular traffic upon the street or alley.

Local street: Provides direct access to adjacent land and access to higher street classification. All streets not otherwise classified are "local."

Lot: A parcel of land as established by, and numbered or lettered on, a recorded plat.

Lot area: The area of land enclosed within the property lines of the parcel excluding adjacent streets and alleys.

Lot coverage: That area of a parcel which may be occupied by principal and accessory structures.

Lot width: The width of the lot or parcel at the actual point of the required setback as set forth in section 4-3.

Machine shop: A structure containing machinery for the manufacture, modification or repair of metal goods and automotive equipment.

Major shopping center: A group of architecturally unified commercial establishments center-built on a site which is planned, developed, and managed as an operating unit related in its location, size and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores. The gross leasable area is in excess of two hundred fifty thousand (250,000) square feet.

Major subdivision: A subdivision consisting of six (6) or more proposed lots.

Manufactured housing: The definition of manufactured housing is as it is defined in section 30-23-301(5)(a)(I), Colorado Revised Statutes, as from time to time amended: A single-family dwelling which is partially or entirely manufactured in a factory; is not less than twenty-four (24) feet in width and thirty-six (36) feet in length; is installed on an engineered permanent foundation; has brick, wood or a cosmetically equivalent exterior siding and a pitched roof; and is certified pursuant to the National Manufactured Housing Construction and Safety Act of 1974. Such manufactured housing is subject to the provisions of section 4-2-3(b)(2).

Master street plan: A part of the Durango Comprehensive Plan.

Maximum coverage: That area of a parcel which may be covered by the sum total of gross square footage, of ground level only, of principal and accessory structures.

Medical/dental/optical laboratory: Facilities used for the express purpose of the design, fabrication and repair of dental and optical goods, and/or a medical laboratory or clinical laboratory where tests are performed on biological specimens in order to obtain information about the health of a patient.

Membership club: An association of persons, incorporated or unincorporated for a common purpose, but not including groups organized primarily to render a service carried on as a business.

Menu signs: Signs at restaurants which are not designed to be read from the public right-of-way and are not visible beyond the boundaries of the lot or parcel upon which they are located or from any public thoroughfare or right-of-way.

Mini-storage facilities (secondary use): An enclosed structure divided into small rooms intended for dead storage of customer's goods situated within a structure with another permitted use. The maximum floor area in a mini-storage facility (secondary use) shall not exceed the floor area of the primary use and shall not extend in front of the rear line established by the primary use. The individual units shall be accessed only from an internal hallway and the use shall not front any dedicated street. One (1) on-site loading space and one (1) on-site parking space must be provided for every fifty (50) units.

Minor arterial: A street or road interconnecting with the principal arterial system having a relatively high overall travel speed and minimal interference to through movement.

Mobile home: A structure that is transportable in one (1) section, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles, travel trailers, camp trailers, other recreational type vehicles or factory-built/manufactured housing.

Mobile home park: Property under single ownership used to provide permanent parking spaces for mobile homes used for living purposes, including accessory structures and uses.

Mobile home subdivision: A subdivision designed for the sale of parcels for the placement of mobile homes for residential living purposes.

Mobile recycling units: A "mobile recycling unit" means the bins, boxes or containers transported by trucks, vans, or trailers and used for the collection of recyclable materials.

Mortgage company: Any building where the primary occupation is concerned with the sale and servicing of mortgage loans.

Motel: See "Hotel."

Multifamily structure: A structure arranged, designed for, and intended to be the residence of more than one (1) housekeeping unit independent of each other.

Natural hazard: A geologic, floodplain, or wildfire hazard.

Net floor area: The total square footage of a building measured along the outside enclosing walls minus fifteen (15) percent.

New construction: Structures for which the start of construction commenced on or after the date of adoption of this code.

Nonconforming: A legal use, structure, sign, fence, other development feature, standard and/or dimensional requirement which existed or was conforming to city codes prior to the adoption of this code or any amendment thereto, which does not conform to this code or its amendments.

Nursery school/preschool/day nursery: A school and/or care facility licensed by the State of Colorado which is maintained for the whole, or part, of the day, for more than six (6) children under the age of six (6) years.

Nursing home: An establishment which provides continuous day and night facilities providing room and board, personal services, and medical care for compensation for two (2) or more persons not related to the owner/operator of the home.

Off-site advertising sign: A sign relating to products, services or uses not located on the same lot as the sign.

Outlot: A parcel of land indicated on a recorded plat but which is not considered to be a part of the subdivision delineated on that plat.

Overburden: All the earth and other materials which lie above natural mineral deposits or materials disturbed from their natural state in the process of mining and/or other development.

Overlay zone: A specific zone (see Article 5) which overlays an area of land which requires provisions, requirements or standards specific to that land area.

Owner or ownership: The fee owner or lessee of a sign, property, structure, improvement, or in the case of a sign, an individual, person or business who has purchased the copy on a sign.

Parapet: Either the edge of the roof or the top of a wall which forms the top line of a building silhouette. When a building has several roof levels, the roof or parapet shall be the one belonging to that portion of the building where the sign is located.

Parcel: A contiguous area of land under one (1) ownership, defined by a legal description(s) recorded at the office of the county clerk and recorder.

Parking garage, structure: A structure or portion thereof composed of two (2) or more floors, with at least one (1) floor above grade, used exclusively for the parking or storage of motor vehicles.

Parking garage, subterranean and ground level, structure: A structure or portion thereof composed of a ground-level floor, or ground-level floor and subterranean level(s) used exclusively for the parking of motor vehicles.

Pavement: Any surfacing of streets, alleys, sidewalks, courts, driveways or similar areas, consisting of mineral aggregate bound into a rigid or semirigid mass by a suitable binder such as, but not limited to, Portland cement or asphalt cement.

Pavement structure: The combination of subbase, base course, and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed.

Pedestrian-oriented sign: A sign located in such a manner as to be generally viewed or read by a person who is walking. Normally, such signs are located within the first story of a building.

Pedestrian right-of-way: A right-of-way or easement dedicated for public pedestrian access.

Permanent sign: A sign which is permanently affixed or attached to the ground or to a structure.

Person: The word "person" shall also include a trustee, executor, association, firm, partnership, or corporation.

Personal service shop: Establishments primarily engaged in providing individual services generally related to personal needs, such as a salon, personal training or massage therapy.

Pharmacy: A place where drugs and medicines are prepared and dispensed.

Physical and mental rehabilitation center: A facility providing therapy for disabled persons, and/or for the removal or reduction of disabilities.

Planned development (PD): An area of land zoned and improved as a development for which bulk and use requirements and other criteria may be relaxed in return for development conformance with an approved plan for the total parcel.

Planning area: That geographic area defined as the City of Durango Planning Area, as more fully described in the adopted comprehensive plan for the City of Durango.

Planting strip: Any strip of land between curbline and property line, excluding any existing side walk therein.

Plat: A map of surveyed and legally described land, which may have appropriate dedication and/or restrictions, and which is an instrument for recording of real estate interests at the office of the county clerk and recorder.

Portable sign: A sign which is not permanently affixed or attached to the ground or to a structure or which is mounted upon, painted or otherwise erected upon a vehicle, van, truck, automobile, bus, railroad car or other vehicle in operating condition.

Preapproved: An approval granted by the adoption of this code, and its amendments, of those uses identified within a zone district delineated in figure 4-2-7 (use/zone matrix) as a "special use."

Premise: The central, actual physical location where an activity is routinely conducted. The premise includes the primary structures, parking facilities and private roadway, if they are necessary to the principal activity.

Pre-school: A facility which provides daily care with or without educational services for children not yet attending elementary school; includes nursery and kindergarten.

Principal structure or use: The main or primary purpose for a structure or use on a parcel of land. This shall include accessory structures which are attached to and architecturally integrated with the principal structure.

Private: Anything not owned or operated by a governmental agency or tax assessing district.

Private street: Any vehicular access serving properties whose average daily traffic volume does not exceed sixty (60) trips a day, and has been platted and recorded as a private street.

Produce stand: An open-air stand for selling of agricultural products. This stand may be portable for dismantling or moving in an off-season.

Professional engineer: A person licensed by the State of Colorado to practice in the field of engineering.

Professional land surveyor: A person licensed by the State of Colorado to do surveying.

Professional office: An office for professionals such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, accountants, and others who, through training, are qualified to perform services of a professional nature, and where no storage or sale of merchandise is permitted except clearly as an accessory use.