Chapter 17-04 Definitions

(E) Words used in the singular number include the plural, and words used in the plural number include the singular unless the context clearly indicates the contrary.

(F) A building or structure includes any part thereof. A building or other structure includes all other structures of every kind, regardless of similarity to buildings.

(G) The phrase used for includes arranged for, designated for, intended for, maintained for, and occupied for. (Ord. 149 Art. 26 §1, 1973)

17-04-010 Definitions generally.

As used in this title, the words defined in this chapter shall be interpreted and defined in accordance with the provisions set forth in this chapter. (Ord. 149 Art. 26(part), 1973)

17-04-015 Accessory.

Accessory means subordinate or incidental to, and on the same lot or on a contiguous lot in the same ownership, as the building or use being identified or advertised. (Ord. 249 Art. 4(1), 1975)

17-04-020 Area of lot.

Area of lot means the total horizontal area within the lot lines of a lot. (Ord. 149 Art. 26 §2(1), 1973)

17-04-022 Area of special flood hazard.

Area of special flood hazard means the land within the one-hundred-year flood boundary as identified in the Flood Insurance Study and the Flood Insurance Rate Map, or any subsequent revision to such study and map. (Ord. 769 §5, 1988)

17-04-025 Automobile parking area.

Automobile parking area means a lot or part thereof used for the short-term storage of automobiles which meet state inspection standards for travel on public highways, provided that such automobiles are not for sale. (Ord. 149 Art. 26 §2(2), 1973)

17-04-027 Base flood.

Base flood means the flood having a one-percent chance of being equalled or exceeded in any given year. (Ord. 769 §6, 1988)

17-04-030 Boardinghouse and roominghouse.

Boardinghouse and roominghouse means a building or portions thereof which is used to accommodate for compensation, three or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensate shall include compensation in money, services, or other things of value. (Ord. 149 Art. 26 §2(3), 1973)

17-04-035 Building.

Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels, or property of any kind, which:

(A) Is permanently affixed to the land;

(B) Has one or more floors and a roof; and

17-04-040 Building frontage.

Building frontage means the horizontal lineal dimension on that side of a building which abuts a street, a parking area, a mall, or other circulation area open to the general public and having a public entrance to the building. The public entrance shall be directly adjacent to and shall front on said street, parking area, mall, or other circulation area open to the public. For purposes of this title, any public entrance which is located on the side or back of a building and which does not abut or front on said street, parking area, mall, or other circulation area open to the general public, shall not be considered as building frontage for purposes of determining maximum sign area permitted. (Ord. 249 Art. 4(19), 1975)

17-04-045 Building height.

Building height means the vertical distance from the average of the finished ground level at the center of all walls of a building to the highest point of the roof surface, exclusive of chimneys, ventilators, pipes, and similar apparatus. (Ord. 149 Art. 26 §2(5), 1973)

17-04-050 Building official.

Building official means the officer or other person charged by the city manager with the administration and enforcement of this title, or his or her duly authorized representative. (Ord. 249 Art. 4(23), 1975)

17-04-055 Bulletin board.

Bulletin board means a sign used for the purpose of notification to the public of an event or other occurrence of public interest, such as a church service, political rally, civic meeting, or similar event. (Ord. 249 Art. 4(3.1), 1975)

17-04-060 Business or use occupied at the street level.

Business or use occupied at the street level means a business or industrial use, as defined in this title, located within a building which building has more than one business or industrial use located therein, and which is located, occupied, and operated at the street level, and which has its own public entrance at the street level for its exclusive use. (Ord. 249 Art. 4(20), 1975)

17-04-065 Business sign.

Business sign means a business, profession, commodities, services, entertainment, or activities conducted, sold, displayed, offered, or stored on the premises where the sign is located. (Ord. 249 Art. 4(3.2), 1975)

17-04-070 Business unit or use building frontage.

Business unit or use building frontage means the front width of that portion of a building occupied by the business unit or use at the street level. (Ord. 249 Art. 4(21), 1975)

17-04-075 Channel.

Channel means that area of a watercourse where water normally flows and not that area beyond where significant vegetation exists. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(1), 1975)

17-04-080 Child day care facility.

Child day care facility means a facility not located in a residence, by whatever name known,
which provides less than twenty-four-hour care of five or more children under the age of sixteen years, and not related to the owner, operator, or manager thereof, whether such facility is operated with or without compensation for such care, and with or without stated educational purposes. Child day care facility shall also apply to large child care homes, where licensed care is provided for nine to twelve children. The term shall not apply to classes maintained in connection with any public, private, or parochial school system of at least six grades, nor to family child care homes, as defined in Section 17-32-020. The facility shall be licensed by the state and shall comply with all applicable regulations promulgated by the Colorado Department of Human Services, as well as all local zoning and building codes. (Ord. 149 Art. 26 §2(21), 1973; Ord. 257 Art. 1 §1(b), 1975; Ord. 1590 §1, 2001)

17-04-085 Construction sign.

Construction sign means a temporary sign announcing subdivision, development, construction, or other improvement of a property by a builder, contractor, or other person furnishing services, materials, or labor to said premises and which is erected on the same lot upon which the work is being done. For the purposes of this title a construction sign shall not be construed to be a real estate sign, as defined in this chapter. (Ord. 249 Art. 4(3.3), 1975)

17-04-087 Development.

Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. (Ord. 769 §7, 1988)

17-04-090 Dwelling, multiple-family.

Multiple-family dwelling means a building occupied by two or more families living independently of each other in separate dwelling units with a minimum floor area of 500 square feet per unit (including balconies), but not including hotels or motels. (Ord. 149 Art. 26(6), 1973)

17-04-095 Dwelling, one-family.

One-family dwelling means a detached building, arranged and designed as a single dwelling unit, other than a mobile home, and used exclusively by not more than one family or household group, which has not less than one bathroom and a minimum floor area of 850 square feet, unless otherwise specified within the appropriate zone district. (Ord. 703 §2, 1986)

17-04-100 Dwelling unit.

Dwelling unit means one or more rooms, including at least one single kitchen, designed for or occupied as a unit by one family for living and cooking
purposes, located in a one-family or multiple-family dwelling. (Ord. 149 Art. 26(9), 1973)

17-04-105 Electric sign.

Electric sign means any sign containing electrical wiring, but not including signs illuminated by exterior light sources, such as floodlights. (Ord. 249 Art. 4(24), 1975)

17-04-110 Employees.

Employees means the gross number of persons to be employed in the building in question during any season of the year at any time of the day or night. (Ord. 149 Art. 26(8), 1973)

17-04-125 Exterior wall surface.

Exterior wall surface means the most exterior part of a wall, sun screen, or any screening or material covering a building. (Ord. 249 Art. 4(38), 1975)

17-04-130 Family.

(A) Family means any one of the following:

(1) One person living alone;

(2) Two or more persons all of whom are related by blood, marriage, or legal adoption, together with up to four children who may not be related to any or all of the other residents but who are under the care and supervision of the adult family head; or

(3) A group including not more than two adults, together with any number of children, related by blood or legal adoption to at least one of the adults.

(B) As used in this section, an adult means a person eighteen or older, and child means a person under the age of eighteen.

(C) A family shall not include more than one person required to register as a sex offender pursuant to section 18-3-412.5, C.R.S., unless related by marriage or consanguinity. Family shall not include any group of individuals who are in a group living arrangement as a result of criminal offenses. (Ord. 703 §3, 1986; Ord. 1456 §1, 2000)

17-04-133 Flea market.

Flea market means a location at which booths or similar spaces are rented or otherwise made available temporarily to two or more persons at which such persons offer tangible personal property for sale. (Ord. 1682 §1, 2002)

17-04-135 Flood.

Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(A) The overflow of streams, rivers, or other inland water; or

(B) The unusual and rapid accumulation or runoff of surface waters from any source. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(4), 1975)

17-04-137 Flood Insurance Rate Map (FIRM).

Flood Insurance Rate Map (FIRM) means the official map, dated August 16, 1988, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. The term includes any amendments, revisions, or subsequent versions of such map. (Ord. 769 §8, 1988)

17-04-140 Flood Insurance Study.

Flood Insurance Study means the official report, dated August 16, 1988, provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary Floodway Map, and the water surface elevation of the base flood. The term includes any amendments, revisions, or subsequent versions of such study. (Ord. 769 §9, 1988)

17-04-155 Flood profile.

Flood profile means a graph or a longitudinal profile showing the relationship of the water surface elevation of a flood event to location along a stream or river. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(9), 1975)

17-04-160 Floodproofing.

Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages to properties, water, and sanitary facilities, structures, and contents of buildings in a flood hazard area. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(10), 1975)

17-04-185 Floodway.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood. (Ord. 769 §10, 1988)

17-04-190 Floor area.

Floor area means the gross floor area of the building measured along the outside walls of the building and including each aboveground floor level, but not including basements, open balconies, garages, other enclosed automobile parking area, and not including one-half of all storage and display areas for hard goods. (Ord. 149 Art. 26 §2(11), 1973)

17-04-195 Gas station or service station.

Gas station or service station means a building and premises used for the retail sale of gasoline, or other fuels for motor vehicles. The terms also

include establishments providing lubrication services, sale, and servicing of tires, batteries, and other automotive accessories, emissions testing, minor tune-up services, vehicle safety inspection, and minor adjustment services, provided that all such uses occur within a building. The terms do not include establishments providing body and fender work, painting, major motor vehicle repairs, or the storage or sale of motor vehicles. (Ord. 681 §1, 1986)

17-04-197 Gas well.

Gas well means a hole drilled for the purpose of producing natural gases at the mouth of the well. (Ord. 968 §1, 1993)

17-04-200 Hotel and motel.

Hotel and motel means a building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six or more guest rooms. (Ord. 149 Art. 26 §2(13), 1973)

17-04-202 Household group.

(A) Household group means any one of the following, provided that there is at least 400 square feet of finished interior space for each resident:

(1) A group not exceeding three persons living together as a single housekeeping unit, such group to be distinguished from a group occupying a boarding house, lodging house, club, fraternity, or hotel, except that such a household group may not include more than one individual who is required to register as a sex offender pursuant to section 18-3-412.5, C.R.S.;

(2) Two or more persons all of who are related by blood, marriage, or legal adoption, together with not more than one adult boarder or domestic servant;

(3) A group of not more than eight developmentally disabled persons living in a state-licensed group home or community-based residential facility for the developmentally disabled;

(4) A group of not more than eight persons in an owner-occupied or nonprofit group home for the exclusive use of persons sixty years of age or older, together with domestic servants; or

(5) A group of not more than eight persons with mental illness living in a state-licensed group home for persons with mental illness, subject, however to such limitations on such homes as are provided by state law.

(B) As used in this section, an adult means a person eighteen or older, and child means a person under the age of eighteen.

(1) Floor completely covered (except for heating, cooling, or ventilation grilles, cabinets, plumbing fixtures, and appliances), with one or more of the following materials: ceramic or vinyl tile, vinyl sheet goods, cork, rock, brick, carpeting, or finished wood flooring;

(2) Walls completely covered (except for doors, windows, cabinets, electrical outlets, plumbing fixtures, appliances, and heating and ventilation grilles) with one or more of the following materials: painted or wall-papered gypsum board or plaster, stucco, wood or composite panelling, ceramic or vinyl tile, vinyl sheet goods, cork, rock, or brick; and

(3) Ceiling completely covered (except for light fixtures, skylights, and heating, cooling, or ventilation grilles) with one or more of the following materials: painted or wall-papered gypsum board or plaster, stucco, wood or composite panelling, ceramic or vinyl title, vinyl sheet goods, or acoustical panels.

(D) As used in this section finished interior space does not include areas with exposed studs, joists, or plain concrete. (Ord. 703 §4, 1986; Ord. 741 §1, 1987; Ord. 1456 §2, 2000)

17-04-210 Identification sign.

(A) Identification sign means and includes the following:

(1) A name plate which establishes the identity of an occupant by listing his or her name and business or professional title;

(2) A sign which establishes the identity of a building or building complex by name or symbol only;

(3) A sign which indicates street address or combines name plate and street address;

(4) A sign which identifies an area in the city which, by reason of development, natural features, historical occurrences, or common reference, has or will become a landmark in the city; and

(5) A commemorative sign, such as a cornerstone, memorial, or plaque, when such is cut into a masonry surface or constructed of bronze or other incombustible material, and is made an integral part of the structure.

(B) As used in this title, the term identification sign shall not be construed to include a sign identifying a commercial or industrial use of a commodity or service offered on the premises. (Ord. 249 Art. 4(3.4), 1975)

17-04-215 Illumination, direct.

Direct illumination means lighting by means of an unshielded source, including neon tubing, which is effectively visible as a part of the sign, where light travels directly from the source to the viewer's eye. (Ord. 249 Art. 4(26), 1975)

17-04-220 Illumination, indirect.

Indirect illumination means lighting by means of a light source which is directed at a reflecting surface in such a way as to illuminate the sign from the front, or a light source which is directed at a reflecting surface in such a way as to illuminate the sign from the back, or a light source which is primarily designed to illuminate the entire building facade upon which a sign is displayed. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination, for example, parking lot lights or lights inside a building which may silhouette a window sign but which are primarily installed to serve as inside illumination. (Ord. 249 Art. 4(27), 1975)

17-04-225 Illumination, internal.

Internal illumination means lighting by means of a light source which is within a sign having a translucent background, silhouetting opaque letters or designs, or which is within letters or designs which are themselves made of translucent material. (Ord. 249 Art. 4(28), 1975)

17-04-230 Joint identification sign.

Joint identification sign means a sign which serves as a common or collective identification for two or more businesses or industrial uses located within the same building, or for more than one business or industrial building located within a jointly and collectively used area, which buildings are in close proximity with one another. Such signs may contain a directory to said business or industrial uses as an integral but clearly secondary part thereof, or may serve as general identification only for such development as shopping centers, industrial parks, office centers, and facilities similar thereto. (Ord. 249 Art. 4(3.5), 1975)

17-04-235 Junkyard.

Junkyard means an industrial use, not permitted in residential and business areas, contained within a building, structure, or parcel of land, or portion thereof, used for the collecting, storage, or sale of waste paper, rags, scrap metal, or discarded material; or for the collecting, dismantling, storage, salvaging, or demolition of vehicles, machinery, or other material, and including the sale of whole or parts thereof. (Ord. 149 Art. 26 §2(14), 1973)

17-04-240 Kiosk.

Kiosk means a small structure, typically located within a pedestrian walkway, or similar circulation area, and intended for use as a key, magazine, or similar type of small shop, or for use as display space for posters, notices, exhibits, etc. (Ord. 249 Art. 4(29), 1975)

17-04-245 Landscaping or landscaped.

Landscaping or landscaped means any combination of living plant materials, such as trees, shrubs, grass, and herbaceous plants, and including, but not limited to, organic decorative materials such as gravel, rock, and bark; provided, however, that at least twenty-five percent of the required landscaped area be covered by living plant materials. In addition, at least one tree of a minimum of one-inch trunk caliper be provided for each 7,000 square feet, or major fraction thereof, or required landscaped area. (Ord. 149 Art. 26 §2(15), 1973)

17-04-250 Light source.

Light source means and includes neon, fluorescent, or similar tube lighting. The incandescent bulbs, including the light-producing elements therein, and any reflecting surface which, by reason of its construction or placement, becomes in effect the light source. (Ord. 249 Art. 4(30), 1975)

17-04-255 Lot.

Lot means a parcel of land occupied or designed to be occupied by one or more buildings, structures, or uses, together with such open areas as are required by this title. (Ord. 149 Art. 26 §2(16), 1973)

17-04-260 Lot line, front.

Front lot line means the property line dividing a lot from a street. On a corner lot, only one street line shall be considered as a front line, and the shorter street frontage shall be considered the front line. (Ord. 149 Art. 26 §2(17), 1973)

17-04-265 Lot line, rear.

Rear lot line means the line opposite the front lot line. (Ord. 149 Art. 26 §2(18), 1973)

17-04-270 Lot line, side.

Side lot line means any lot lines other than front lot lines or rear lines. (Ord. 149 Art. 26 §2(19), 1973)

17-04-275 Lot, reversed corner.

Reversed corner lot means a corner lot having its side street line substantially a continuation of the front lot line of the first lot to its rear. (Ord. 149 Art. 26 §2(20), 1973)

17-04-277 Lowest floor.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the design requirements of chapter 17-40 (other than elevation requirements). (Ord. 769 §11, 1988)

17-04-280 Maintenance of signs.

Maintenance of signs means the replacing, repairing, or repainting of a portion of a sign structure; periodic changing of bulletin board panels; or reviewing a copy which has been made unusable by ordinary wear and tear, by weather, or by accident. The replacing or repairing of a sign or sign structure which has been damaged to an extent exceeding fifty percent of the appraised replacement cost, as determined by the building official, shall be considered as maintenance only when the sign conforms to all of the applicable provisions of this title, and when the damage has been caused by an act of God or violent accident. (Ord. 249 Art. 4(31), 1975)

17-04-282 Manufactured home.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to required utilities. This term also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. (Ord. 769 §12, 1988)

17-04-285 Marquee.

Marquee means a permanently roofed structure attached to and supported by a building, and projecting from the building. (Ord. 249 Art. 4(32), 1975)

17-04-286 Municipal building.

Municipal building means any building, structure, or facility acquired, constructed, used, or occupied at any time by the city of Broomfield for any city, county, or city and county purpose. (Ord. 1415 §8, 1999)

17-04-287 New construction.

New construction for the purposes of chapter 17-40 means structures for which the start of construction commenced on or after the effective date of the ordinance enacting this revised chapter 17-40. Start of construction includes substantial improvement, and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on site, such as 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 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. (Ord. 769 §13, 1988)

17-04-288 Nonconforming building or use.

Nonconforming building or nonconforming use means a building or use which was formerly allowed but is now prohibited (except as provided in chapter 17-36) either:

(A) Because annexation has since subjected the involved property to municipal ordinance; or

(B) Because of subsequent changes to municipal ordinances;

Provided, however, that the building or use must have been in its existence on the date the use was prohibited and must have continued in use since then. (Ord. 856 §1, 1989)

17-04-289 Nonconforming sign.

Nonconforming sign means a sign which was formerly allowed but is now prohibited (except as provided in sections 17-44-470 and 17-44-480) either:

(A) Because annexation has since subjected the sign to municipal ordinances; or

(B) Because of subsequent changes to municipal ordinances;

Provided, however, that the sign must have been in its current location and configuration on the date it was prohibited and must have so continued since then. (Ord. 856 §2, 1989)

17-04-290 Obstruction.

Obstruction means sandbars formed by the natural flow of a watercourse or temporary structures, planks, snags, and debris in and along existing channel which cause a flood hazard. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(14), 1975)

17-04-295 Off-premises advertising sign.

Off-premises advertising sign means any off-premises sign, including a billboard or general outdoor advertising device, which advertises or directs attention to a business, commodity, service, or activity conducted, sold, or offered elsewhere than on the same lot or within the same building upon which the sign is located, or only incidentally on the lot or within the building, if at all. (Ord. 249 Art. 4(3.6), 1975)

17-04-300 Oil well.

Oil well means a hole drilled for the purpose of producing crude petroleum oil and any other hydrocarbons at the mouth of the well. (Ord. 968 §2, 1993)

17-04-302 Open area.

Open area means a privately owned and maintained parcel of land or body of water or both within a development upon which there are no structures, parking areas, or driveways. An open area may be a landscaped area, a plaza, a recreational area, sidewalks, or such other areas that are accessible to the public or to the occupants of a development. (Ord. 1364 §1, 1998)

17-04-305 Owner.

Owner means a person, firm, corporation, or other legal entity recorded as such on the records of the applicable county clerk and recorder, including a duly authorized agent or attorney, a purchaser, devisee, fiduciary, or a person having a vested or contingent interest in the property in question. (Ord. 249 Art. 4(33), 1975)

17-04-310 Political or noncommercial sign.

Political sign or noncommercial sign means a sign, banner, picture, or other device, either temporary or permanent in nature, whose principal purpose is the display of an ideological message or which is intended to urge the voting public to support a candidate, political party, or political philosophy, or to urge action on any ballot issue. (Ord. 731 §1, 1987)

17-04-312 Preschool.

Preschool means a school providing pre-elementary educational services on a scheduled basis to children through kindergarten. For the purposes of this definition, preschools are those facilities that maintain an affiliation with a public, private, or parochial school system of at least six grades. Said affiliation shall include the provision of educational services to children by the preschool as a part of an integrated program offered through the school system. A day-care center is not a preschool. (Ord. 1185 §1, 1996)

17-04-315 Professional office.

Professional office means an office for professions, 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 exists. (Ord. 149 Art. 26 §2(22), 1973)

17-04-320 Public entrance.

Public entrance means an entrance to a building or premises which is customarily used or intended for use by the general public. For the purposes of this title, drive-up customer service windows may be considered as a public entrance; provided that said customer service areas comply with the definition of building frontage. Fire exits, special employee entrances, loading dock entrances not generally used by the public, and similar entrances shall not be considered as public entrances. (Ord. 249 Art. 4(22), 1975)

17-04-325 Reach.

Reach means a hydraulic engineering term to describe longitudinal segments of a stream or river. A reach will generally include the segment of the floodplain where flood heights are primarily controlled by manmade or natural floodplain obstructions or restrictions. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most likely be a reach. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(16), 1975)

17-04-330 Real estate sign.

Real estate sign means a sign indicating the availability for sale, rent, or lease of the specific lot or building upon which the sign is erected or displayed. (Ord. 249 Art. 4(3.7), 1975)

17-04-333 Recyclable materials.

Recyclable materials means waste materials that are collected, separated, or processed and that are used as raw materials or products, and include, but are not limited to, newspaper, corrugated cardboard, paper bags, high grade white office paper, mixed paper, catalogs, magazines, phone books, glass bottles and jars, aluminum and tin cans, aluminum foil, plastic jars, plastic tubs, plastic bottles, milk cartons, and juice cartons. (Ord. 1739 §1, 2003)

17-04-335 Roof.

Roof means the cover of any building, including the eaves and similar projections. (Ord. 249 Art. 4(34), 1975)

17-04-340 Roofline.

Roofline means the highest point on any building where an exterior wall encloses usable floor space, including floor area for housing mechanical equipment. The term roofline shall also include the highest point on any parapet wall, provided that the parapet wall extends around the entire perimeter of the building. (Ord. 249 Art. 4(35), 1975)

17-04-345 Sign.

(A) Sign means any device for communication that is used for the purpose of attracting attention to the subject thereof. Consistent therewith, any writing, letters, numerals, figures, emblems, pictures, outlines, characters, flags, banners, pictorial representations, or any other figure or figures of similar character which:

(1) Is a structure or any part thereof, including the wall or roof of a building; or

(2) Is written, printed, projected, painted, constructed, or otherwise placed or displayed upon or designed into a building, board, plate, canopy, awning, vehicle, or upon any material object or device whatsoever; and

(3) By reason of its form, color,
wording, symbol, design, illumination, or otherwise, attracts or is designed to attract

attention to the subject thereof, or is used as a means of identification, advertisement, or announcement.

(B) For the purposes of this title, the term sign shall not be interpreted to include:

(1) Any flag, crest, or insignia of any official governmental agency or of any civic, charitable, religious, or fraternal organization; and

(2) Shall not be interpreted to include any item of merchandise normally displayed within the show window of a merchant. If for any reason it cannot be readily determined whether or not a device or an object is a sign, the department of planning and community development shall make such determination. (Ord. 249 Art. 4(1), 1975)

17-04-350 Sign, animated.

Animated sign means any sign or part of a sign which changes physical position by any movement or rotation. (Ord. 249 Art. 4(6), 1975)

17-04-355 Sign, arcade.

Arcade sign means a wall or projecting sign attached to the roof or wall of an arcade and totally within the outside limits of the structural surfaces which are delineating the arcade. (Ord. 249 Art. 4(7), 1975)

17-04-360 Sign area.

Sign area means the total surface of the entire sign, including any parts and appurtenances thereof, except principal supports, the total cross-sectional area of which supports does not exceed two square feet, and on which there is no display of advertising material or any lighting. In the case of any sign having continuous regularly shaped display surfaces, the sign area shall be measured by determining the perimeter of the surface or surfaces, and all area within the perimeter shall be the sign area. In the case of noncontinuous or irregularly shaped display surfaces, the sign area shall be measured by placing the smallest possible imaginary rectangle, triangle, or circle over all outside points of the surface, and all of the area within the rectangle, triangle, or circle shall be included in the sign area. (Ord. 249 Art. 4(4), 1975)

17-04-365 Sign, area identification.

Area identification sign means a sign for the purpose of identifying an area in the city which, by reason of development, natural features, historic occurrences, or common reference, has or will become a landmark in the city, and which may be desirable to identify formally to the general public. (Ord. 249 Art. 4(5), 1975)

17-04-370 Sign, change-panel.

Change-panel sign means a sign designed to permit immediate change of copy which may be other than the name of the business, but subject to the specific regulations by the provisions of this title. (Ord. 249 Art. 4(8), 1975)

17-04-375 Sign, combination.

Combination sign means any sign incorporating any combination of the features of freestanding, projecting, and roof signs. (Ord. 249 Art. 4(12), 1975)

17-04-380 Sign, directional.

Directional sign means a sign for the purpose of directing the public to a real estate development, a public or semipublic building or facility, or an outstanding landmark within or adjacent to the city. (Ord. 249 Art. 4(9), 1975)

17-04-385 Sign face.

Sign face means the surface of a sign upon, against, or through which the message is displayed or illustrated. (Ord. 249 Art. 4(11), 1975)

17-04-390 Sign, freestanding.

Freestanding sign means a detached sign which is supported by one or more columns, uprights, poles, or braces extended from the ground or from an object on the ground, or a sign which is erected on the ground; provided that no part of the sign is attached to any part of any building, structure, or other sign. The term freestanding sign shall include pole sign, pedestal sign, and ground sign. (Ord. 249 Art. 4(2.1), 1975)

17-04-395 Sign height measurement.

Sign height measurement means the vertical distance measured from the elevation of the nearest sidewalk, or, in the absence of a sidewalk within twenty-five feet, then from the lowest point of finished grade on the lot upon which the sign is located within twenty-five feet of the sign, to the uppermost point on the sign or sign structure. (Ord. 249 Art. 4(25), 1975)

17-04-400 Sign, illegal nonconforming.

Illegal nonconforming sign means a sign which was in violation of any of the laws of the city governing the erection or construction of such sign at the time of its erection, and which sign has never been erected or displayed in conformance with all such laws, including this title, and which shall include signs which are pasted, nailed, painted on, or otherwise unlawfully displayed upon structures, utility poles, trees, fences, or other signs. (Ord. 249 Art. 4(13), 1975)

17-04-405 Sign, legal nonconforming.

Legal nonconforming sign means any sign which was lawfully erected and maintained prior to the enactment of the ordinance codified in this title, and any amendments thereto, and which does not conform to all the applicable regulations and restrictions of this title. (Ord. 249 Art. 4(14), 1975)

17-04-410 Sign, marquee.

Marquee sign means a sign which is attached to or suspended from a marquee, canopy, or other covered structure projecting from and supported by the building and extending beyond the building wall or building line. (Ord. 249 Art. 4(2.2), 1975)

17-04-415 Sign, projecting.

Projecting sign means a sign which is attached directly to the wall of a building and which extends, in whole or in part, fifteen inches or more horizontally from the face of the wall to which the sign is attached, but not including a marquee sign, as defined in section 17-04-810. (Ord. 249 Art. 4(2.3), 1975)

17-04-420 Sign, roof.

Roof sign means a sign which projects above the roofline or which is located on the roof of a building or structure, or a sign erected upon or above a parapet wall of a building or structure. (Ord. 249 Art. 4(2.4), 1975)

17-04-425 Signs, number of.

For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements clearly organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign. (Ord. 249 Art. 4(15), 1975)

17-04-430 Sign structure.

Sign structure means any supports, uprights, braces, or framework of a sign. (Ord. 249 Art. 4(16), 1975)

17-04-435 Sign support.

Sign support means the portion of the supporting member or members extending from the ground level to the lowest point of the sign. (Ord. 249 Art. 4(10), 1975)

17-04-440 Sign, suspended.

Suspended sign means a sign suspended from the ceiling of an arcade, marquee, or canopy. (Ord. 249 Art. 4(2.5), 1975)

17-04-445 Sign, temporary.

Temporary sign means a sign, banner, or other advertising device or display constructed of cloth, canvas, cardboard, wall board, plywood, or other light temporary material, with or without structural frame, intended for a temporary display, such as for the purpose of decorative displays for holidays, announcing a special event, or promoting a political campaign or special election. (Ord. 249 Art. 4(3.8), 1975)

17-04-450 Sign, time-temperature-date.

Time-temperature-date sign means a sign which displays the current time, outdoor temperature, and/or date of the month. (Ord. 249 Art. 4(3.9), 1975)

17-04-455 Sign, wall.

Wall sign means a sign which is applied to, attached to, or erected against, or otherwise displayed upon or against the wall of an enclosed building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall and extending not more than fifteen inches from the face of the wall. A sign erected upon or against the side of a roof having an angle of forty-five degrees or less from the vertical shall be considered to be a wall sign and shall be regulated as such. (Ord. 249 Art. 4(2.6), 1975)

17-04-460 Sign, window.

Window sign means a sign painted, attached, glued, or otherwise affixed to the interior or exterior of a window. Merchandise which is included in a window display, or a sign which is included in such display as an integral part thereof, shall not be considered as part of a window sign. (Ord. 249 Art. 4(2.7), 1975)

17-04-465 Small animal.

Small animal means dogs, cats, rabbits, guinea pigs, hamsters, mice, birds, fish, nonpoisonous reptiles, amphibians, and invertebrates. (Ord. 1079 §1, 1994)

17-04-470 Street frontage.

Street frontage means the lineal frontage, or frontages, of a lot or parcel abutting on a private or public street which provides principal access to or visibility of the premises. (Ord. 249 Art. 4(36), 1975)

17-04-475 Street level.

Street level means the elevation of the finished street, parking area, mall, or other circulation area open to the public. For multistory buildings, the floor at street level shall be that floor nearest in elevation to the elevation of that point of the finished street, parking area, mall, or other circulation area open to the general public. (Ord. 249 Art. 4(37), 1975)

17-04-480 Structure.

(A) Structure means anything constructed or erected with a fixed location on the ground above grade, but not including poles, lines, cables, or other transmission or distribution facilities of public utilities.

(B) Structure also means anything constructed or erected, the use of which requires a more or less permanent location on or in the ground, includes, but is not limited to, objects such as buildings, factories, sheds, and cabins. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(18), 1975; Ord. 249 Art. 4(17), 1975)

17-04-485 Structure, permanent.

Permanent structure means a structure which is built of such materials and in such a way that it would commonly be expected to last and remain useful for a substantial period of time. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(19), 1975)

17-04-490 Structure, temporary.

Temporary structure means a structure which is built of such materials and in such a way that it would commonly be expected to have a relatively short, useful life, or is built for a purpose that would commonly be expected to be relatively short-term. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(20), 1975)

17-04-495 Substantial improvement.

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the actual cash value of the structure either before the improvement has started, or if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(21), 1975)

17-04-500 Swimming pool.

Swimming pool means any water surface which has both a surface area greater than ten square feet and a depth of more than eighteen inches. (Ord. 149, Art. 26 2(50), 1973)

17-04-505 International Building Code.

International Building Code means the latest edition of the International Building Code, published by the International Code Council, as amended and adopted by the city council. (Ord. 249 Art. 4(40), 1973; Ord. 1858 §6, 2008)

17-04-515 Watercourse.

Watercourse means a channel, natural depression, slough, artificial channel, gulch, arroyo, stream, creek, pond, reservoir, or lake in which storm runoff and floodwater flows either regularly or infrequently. This includes major drainageways for carrying urban storm runoff. (Ord. 149 Art. 26(part), 1973; Ord. 248 Art. 2(22), 1975)

17-04-520 Zoning ordinance.

Zoning ordinance means the city zoning ordinance, together with all amendments thereto. (Ord. 249 Art. 4(42), 1975)

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