This Chapter is adopted for the purpose of promoting the health, safety, convenience, order, prosperity and general welfare of the present and future inhabitants of the Town, by the lessening of congestion in the streets and roads; securing safety from fire and other dangers; providing adequate light and air; classification of land uses and the distribution of land development and utilization; protection of the value of land and buildings; protection of urban and nonurban development; and providing for the best uses of lands within the Town.

(Prior code 70-1)

This Chapter is authorized by Section 31-23-301, C.R.S., and is hereby declared to be in accordance with all provisions of these statutes.

(Prior code 70-2)

(a)

The word lot includes plot or parcel.

(b)

The phrase used for shall be construed to include arranged for, designed for, intended for, maintained for and occupied for.

(c)

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

(d)

The word shall is always mandatory. The word may is permissive.

(Prior code 70-3)

For the purpose of this Chapter, certain terms and words are hereby defined and shall have the following meanings unless it shall be apparent from the context that a different meaning is intended:

Accessory building or structure is a building or structure on the same lot with the building or structure housing the principal use but housing a use customarily incidental and subordinate to and customarily associated with the principal use.

Accessory use is a use customarily associated with but subordinate to the principal use on the same zone lot.

Adult arcade means any place to which the public is permitted or invited wherein coin-operated, slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Adult bookstore, adult video store oradult novelty store means a business having as a substantial and significant portion of its stock and trade, revenues, space or advertising budget resulting from the sale, rental or viewing of one (1) or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.

Adult cabaret means a nightclub, bar, restaurant or similar business, whether alcoholic beverages are served or not, which regularly features:

a.

Live performances which are characterized by the exposure of specified anatomical areas; or

b.

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult entertainment establishment orsexually oriented business means an adult arcade, adult bookstore, adult video store, adult novelty store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment or other similar business and includes any of the following:

a.

The opening or commencement of any sexually oriented business as a new business;

b.

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

c.

The addition of any sexually oriented business to any other existing sexually oriented business; or

d.

The relocation of any sexually oriented business.

The definition of sexually oriented business shall not include an establishment where a medical practitioner, psychologist, psychiatrist or other similar professional person licensed by the State engages in medically approved and recognized sexual therapy.

Adult motel means a hotel, motel or similar business which offers accommodations to the public for any form of consideration and provides patrons live performances characterized by the exposure of specified anatomical areas or with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic or electronic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television, or which offers a sleeping room for rent for a period of time less than ten (10) hours.

Adult motion picture theater means a business where films, motion pictures, video cassettes, slides or similar photographic or electronic reproductions are regularly shown in a room or area designed to accommodate a minimum of twenty (20) viewers and which films, motion pictures, video cassettes, slides or similar photographic or electronic reproductions are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult theater means a theater, concert hall, auditorium or similar business which regularly features live performances which are characterized by the exposure of specified anatomical areas.

Alley means a public right-of-way used primarily as a service or secondary means of access to abutting property.

Apartment means a room or suite of rooms in a multiple dwelling used or designed for occupancy by a single family.

Areas subject to wildfire hazards means all land within the Town of Basalt, Colorado.

Attainable housing shall mean dwelling units which are not deed-restricted but which are designed to be within the financial ability of many residents and workers in the Town of Basalt.

Bed and breakfast establishment means any principal building containing five (5) or fewer guest rooms where rent is paid for occupancy by guests for periods of less than thirty (30) days.

Brewpub/distillery means a facility licensed as a brewpub or distillery by the state that annually manufactures and sells in the facility not more than five thousand (5,000) barrels of beer, or not more than twenty-five thousand (25,000) gallons of distilled spirits, only for consumption on the premises.

Buildable area means the portion of a lot, parcel or tract of land, excluding all required yard areas, where a building could be located in accordance with provisions of this Chapter.

Building means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or property of any kind.

Building envelope means the two-dimensional space within which a building is proposed to be located on a lot, parcel or tract of land.

Building height means the height of a structure which shall be measured vertically at any cross section of the building from the original grade to the highest point of a flat roof or parapet, or to the mid point of the highest gable of a pitched roof, at that cross section. The cross section shall be taken through the building on an axis generally parallel to the prevailing topographic contour lines, as determined by the Town staff. In cases where due to building design, topography or orientation of the building on the site, this definition does not yield a clear indication of building height, Town staff may require additional information and elevations, and may apply the criteria for the highest point of a pitched roof where no mid point of a pitched roof can be established along a specific cross section. In circumstances where it is necessary to raise the original grade to comply with Town-imposed requirements associated with flood plain regulations or environmentally sensitive areas, building height shall bemeasured vertically from the finished grade instead of the original grade. Original grade shall mean existing grade at the time of the applicant's purchase of the property or final grade as approved by the Town in a development review process. A building permit review process without other review pursuant to Chapter 16 or 17 is not a development review process for purposes of the prior sentence. The purpose of measuring height from "original" grade is to prevent a property owner from raising the grade before construction to increase the height of the building. Therefore, the Building Official shall have authority and discretion to determine original grade if it appears to the Building Official in his sole discretion that the grade of the property has been altered by the owner or a prior owner of the property.

Business offices means a building, or portion thereof, used for the transaction of business services and products, including real estate sales office, travel or adventure agency, advertising or marketing agency, insurance agency, computer services and consulting, event planner and similar businesses.

Church means a church or place of religious worship and institution that people regularly attend to participate in or hold religious services, meetings and other activities. The term church shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

Club means a membership organization, including a lodge catering exclusively to members and their guests and whose facilities are limited to meeting, eating and recreational uses and whose activities are not conducted principally for monetary gain.

Community center means a facility available for public activities, including but not limited to events, performances, entertainment, celebrations, meeting rooms, public classrooms and indoor gardens. The space is intended to be available for use by the public. However, the space may be rented by one (1) or more parties at any time.

Condominium hotel (or condotel or condo-hotel) means a hotel or motel operated under a condominium form of ownership. A condominium hotel must satisfy the following requirements:

a.

Be advertised and marked with signage as a hotel or motel and be subject to the complete control and management of a single hotel or motel operator for operation as a hotel or motel.

b.

Be created, sold and maintained under documentation, including condominium declaration, bylaws, sales brochures and pre-construction agreements, in form and content approved by the Town Attorney that adequately discloses and ensures that the facility will in all respects be permanently and exclusively operated as a hotel or motel and will not be occupied as a dwelling.

c.

Except for dwelling units to be used by a manager or employees or any deed-restricted affordable housing, condominium hotels shall contain only individual sleeping units that are sold as a condominium hotel unit and are permanently dedicated to rental to the public for transient occupancy. Individual sleeping units may contain small kitchen facilities.

d.

Be managed to ensure that:

(i)

At least fifty percent (50%) of the units are available for rental to the general public at all times; and

(ii)

That no unit owner may occupy their unit for more than sixty (60) days out of a calendar year; and

(iii)

That no owner may occupy their unit more than twenty-nine (29) consecutive days; and

(iv)

That no owner may store an automobile on site when they are not occupying a unit.

e.

Contain and maintain standardized furniture, furnishings and decor in all individual sleeping units.

If a proposed development does not meet requirements a. through e. above, the Town Council may determine that a proposed development nevertheless qualifies as a condominium hotel if it finds that the proposed development, together with any related covenants, conditions, restrictions, or agreements between the developer and the Town, will ensure that at least the same number or a greater number of the condominium hotel units will be occupied for the same or a greater number of days each year as a condominium hotel that meets all of the requirements in subsections a. through e. above.

Construction waste compacting facility means any business involved in the separation and compaction of construction waste materials including sheet rock/dry wall, concrete, wood products, metal products (including nails, fittings and plumbing elements), carpet, tile, insulation material, roofing material and plastic fittings. Construction waste shall not include organic material, hazardous or chemical materials, medical waste, liquid petroleum products or any material which ferments or which biodegrades over a short period of time. Such facilities are prohibited from stockpiling materials for longer than two (2) business days. These facilities are to comply with all applicable code sections for the IN zone, including Section 16-24, Supplemental requirements for the Industrial Zone District, along with all other applicable state and federal regulations.

Day care means a facility which is maintained for a whole or part of a day for the care of two (2) or more persons not related to the owners, operator or manager thereof, which facility is operated with compensation for such care. Care provided by the caretaker is for more than two (2) consecutive days on a regular basis. A small day care home is for less than seven (7) individuals. A large day care home is for seven (7) or more individuals.

Dentalclinic means a professional business providing general or special dental services employing three (3) or more dentists.

Dental office means a professional office providing general or special dental services employing fewer than three (3) dentists.

Developable area means the area, measured in square feet, included within the boundaries of a lot or parcel, measured on a horizontal plane upon which the boundaries have been vertically projected, reduced by the following exclusions:

a.

The developable area calculation shall exclude the entire width of the right-of-way or easements for streets and alleys which have been or are to be dedicated for public use and the entire width of the right-of-way or easements for private roads, except for any private drive that serves a single dwelling unit.

b.

The developable area of a lot that is adjacent to the Roaring Fork or Fryingpan River shall be calculated by excluding that portion of the lot lying below the line highest in elevation on the shore established by the fluctuations of the water indicated by physical characteristics, such as a clear natural line impressed on the bank; changes in the character of soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of surrounding areas.

c.

The developable area calculation shall also exclude slopes of thirty percent (30%) or greater to the extent required by the formulas in Section 16-187(d).

Development means the use, alteration or disturbance of land, land uses, or improvements to land, including but not limited to:

a.

The creation, division, alteration or elimination of lots;

b.

Mining and drilling (except to obtain soil samples or to conduct tests);

c.

Construction, erection, alteration or demolition of buildings or structures, including a material change in the appearance or footprint of a building or structure;

d.

Change in the intensity of use of land, such as an increase or decrease in the number of dwelling units or floor area;

e.

Installation of mitigation measures associated with construction, such as a retaining wall, berm, or similar structure; and

f.

Clearing of land, including grading, excavation, cutting or filling, and substantial clearing or removal of vegetation. Minor removal of vegetation or disturbance of soil for the purpose of landscaping shall not be considered to be development.

District means a section of the Town for which regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of the use are uniform, as outlined on the adopted Zoning Map of the Town.

Dwelling means a permanent building or portion thereof which is used as a private residence or sleeping place of one (1) or more human beings, but not including temporary structures such as tents, railroad cars, streetcars or similar structures. A dwelling is to include mobile homes or trailer homes that are located in accordance with the provisions of Article XVI of this Chapter. While dwellings are intended to be occupied for long-term residential purposes and be maintained in whole ownership, short-term rental of a dwelling is permitted as provided elsewhere in this code. Dwellings shall not be sold in fractional, interval or timeshare forms of ownership unless approved through a PUD review.

Dwelling, multiple-family means a single building used by three (3) or more families living independently of each other in separate dwelling units, but not including motels, hotels, boardinghouses and tourist homes.

Dwelling, single-family means a detached building used as a dwelling exclusively by one (1) family as an independent living unit and which contains only one (1) kitchen.

Dwelling, two-family means a single building containing two (2) dwelling units and occupied by two (2) families living independently of each other.

Dwelling unit means one (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment. The dwelling unit shall be restricted to a single kitchen and may be physically separated from other dwelling units by any one (1) of the following means: independent exterior entry, lockable space, floor levels, hallways and foyers, walls or other enclosures causing separation from any other dwelling units in the same structure. A dwelling unit shall be served by no more than one (1) gas meter and one (1) electric meter.

Employee means a person who works or performs in and/or for a business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

Enclose means to create a barrier or wall to the outside, such as windows, screens, doors on a porch, deck or patio. If a porch, deck or patio has one (1) or more of its exterior sides enclosed, the entire porch, deck or patio shall be considered enclosed for purposes of total square footage. Railings up to forty-two (42) inches in height are exempt from this provision.

Entertainment means a facility providing entertainment or recreation activities, including but not limited to theaters, bowling alleys, nightclubs, game centers, gymnasiums, health clubs, and climbing wall centers or rooms that can be rented for parties or events, where all activities take place within enclosed structures. This use does not include a conference center, adult arcade, adult bookstore, adult video store, adult novelty store, adult cabaret, adult entertainment establishment, sexually oriented business, adult motel, adult motion picture theater, or adult theater.

Family means any individual or two (2) or more persons related by blood or marriage or between whom there is a legally recognized relationship or a group of unrelated persons occupying a dwelling unit not to exceed the number of persons permitted to occupy a unit under the International Building Codes, Fire Codes, or Colorado Department of Public Health and Environment Wastewater and Water Quality Standards.

Fire Department means the Roaring Fork Fire Rescue Authority.

Floor area means the gross area of the building measured along the outside walls of the building, including each habitable floor level and interior balconies but excluding the following:

a.

Interior courtyards.

b.

The first five hundred (500) square feet of area for garages and enclosed parking.

c.

Mechanical or utility areas up to one hundred fifty (150) square feet.

d.

One-half (½) of the area used exclusively for storage.

Floor area ratio means the ratio of the total floor area of a building, including all floor levels, to the total developable area. Total floor area shall be as elsewhere defined in this Section. Total developable area shall not include areas to be dedicated for street or alleys. Calculation of the floor area ratio (FAR) is as follows:

Garage, commercial means any building or structure where automobiles, trucks or commercial vehicles are stored, repaired, painted or equipped for remuneration.

Garage, private means an accessory building or portion of a main building on the same lot and used for the storage only of private passenger motor vehicles.

Good moral character, as used within the adult entertainment establishment licensing provisions of this Code, means one who has not engaged in a specified criminal act within the times set forth in Article IV of Chapter 6 of this Code.

Guest room means a room which is intended, arranged or designed to be occupied or which is occupied by one (1) or more guests but in which no provision is made for cooking and not including dormitories for sleeping purposes.

Home occupation means a business or profession that is conducted within a dwelling unit, an enclosed garage or accessory building and carried on by the inhabitants of the dwelling unit and is in conformance with the provisions of Section 16-202.

Kitchen is an area for cooking or food preparation associated with a dwelling unit and is further defined by the existence of either Paragraph a or any two (2) of Paragraphs b—f outlined below:

a.

Range, grill, broiler or cooktop fueled by solid fuel, L.P. or natural gas or by electrical power. This will include any gas piping from the area of the range or cooktop back to the point of intersection with the primary gas piping system and any 220-volt electrical wiring back to the main electrical panel.

b.

Sink, not including a small bar sink, lavatory or laundry tub.

c.

Dishwasher.

d.

Counters and cabinets of a quantity and configuration that indicate the creation of a food preparation area.

e.

Refrigerator or refrigerator/freezer five (5) cubic feet or more in capacity.

f.

Microwave oven, hot plate or similar portable cooking device.

Licensing officer, when used in conjunction with licensee of adult entertainment establishments, means the Town Manager whose function is to review adult entertainment establishment license applications and either issue a license or deny the license based upon the licensing provisions set forth in Article IV of Chapter 6 of this Code. For these purposes, a licensing officer shall also include his or her designee.

Loading area means a parking space, other than a public street or alley, for the parking of commercial vehicles for the purpose of loading or unloading materials or merchandise.

Lot means a parcel of land occupied or intended to be occupied by a building or use and its accessories and arranged to meet all the requirements of this Chapter and have at least twenty-five (25) feet of frontage on a public street. A lot shall be held in unified ownership and may or may not coincide with a platted subdivision lot.

Lot area means the number of square feet included within a lot as measured within the boundaries of the lot, measured on a horizontal plane upon which the boundaries have been vertically projected.

Lot coverage means the percent of the total lot area that is devoted to ground floor building area. Calculation of lot coverage is as shown below:

Lot length means the average distance from the street to the rear of the lot, measured perpendicularly from the street line upon which the lot faces.

Lot line, front means the property line dividing a lot from the right-of-way of a street. On a corner lot, the shorter street right-of-way line shall be considered the front lot line.

Lot width means the lot width to be determined as follows:

a.

If the side lot lines are parallel, the lot width is the perpendicular distance between the side lot lines.

b.

If the side lot lines are not parallel, the lot width shall be the length of the line measured at right angles to the line or axis connecting the midpoints of the front lot line and the rear lot line. The length of the line shall be measured at the point equal to the front yard setback for the zoning district in which the lot is located.

Makerspace/craft industry means a facility that contains one (1) or more artists or craft industries. A makerspace is a community center that includes manufacturing equipment, community and education for the purposes of enabling individuals to design, prototype and create manufactured works. A craft industry encompasses goods that are handmade by artisans or those skilled in a particular trade, including but not limited to art galleries, handmade textiles, food, beverages, and culinary products. Products made on site may also be sold on site. No such individual facility shall be larger than six thousand five hundred (6,500) total square feet.

Manager means an operator, other than a licensee, who is employed by a business to act as a manager or supervisor of employees or is otherwise responsible for the operation of the business.

Massage parlor means an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

Material means any physical object, facsimile, recording, transcription, pictorial representation, motion picture or reproduction, whether mechanical, electrical or chemical, which is used as a means of communicating sensation or emotion to human beings to or through the visual, aural or tactile senses.

Medical center means a facility where multiple professional health and medical services are provided, such as general medical practice, chiropractic, psychological, nutritional advice and physical therapy and where the focus is providing both diagnostic services and treatment. A medical center must contain at least three (3) of these types of practices, and there must be at least six (6) licensed professionals. A medical center must contain at least five thousand (5,000) square feet of contiguous, leasable floor area either under single ownership or other Town-approved form of unified coordination.

Medical clinic means a professional business providing general or special medical, chiropractic or psychological services employing three (3) or more physicians. There are no limitations on the number of physicians, and there is no maximum size limitation. Clinics may specialize in one (1) discipline or may include more than one (1) type of medical service.

Medical marijuana center shall have the same meaning as set forth in C.R.S. § 12-43.3-104 (a person licensed to operate a medical marijuana center that sells medical marijuana to registered patients or primary caregivers, as defined in Article XVIII, Section 14, of the Colorado Constitution, but is not a primary caregiver), as amended.

Medical marijuana facility means a medical marijuana center, an optional premise, or medical marijuana-infused product manufacturer. The term "medical marijuana facility" expressly excludes patients and primary caregivers, which are regulated pursuant to C.R.S. § 25-1.5-106.

Medical marijuana-infused product shall have the same meaning as set forth in C.R.S. § 12-43.3-104 (a product infused with medical marijuana that is intended for use or consumption other than by smoking, including but not limited to edible products, ointments, and tinctures. These products, when manufactured or sold by a licensed medical marijuana center or a medical marijuana-infused product manufacturer, shall not be considered a food or drug for the purposes of the "Colorado Food and Drug Act", part 4 of article 5 of title 25, C.R.S), as amended.

Medical marijuana infused products manufacturer shall have the same meaning as set forth in C.R.S. § 12-43.3-104 (a person licensed to manufacture medical marijuana infused products), as amended.

Medical office means an office providing general or special medical, chiropractic, psychological or similar services where there are fewer than three (3) physicians.

Mobile home means a transferable, single-family dwelling unit suitable for year-round occupancy and containing the same water supply, waste disposal and electrical convenience as immobile housing. Such structure will have no foundation other than wheels or removable jacks for conveyance on highways and may be transported to a site as one (1) or more modules. Such structures shall include those which may be fitted with wheels or removable jacks for transportation. The term mobile home shall not include travel trailers, recreation vehicles, campers or self-contained motor homes or camper buses.

Motel or hotel means a building containing six (6) or more units intended for temporary occupancy by guests. Accessory use facilities may consist of an office, laundry facilities, recreation facilities, a lobby or lounge, restaurant and associated kitchen facilities, and similar accessory uses commonly found in association with a commercial motel and hotel operation, but may not include kitchen facilities within individual units. Occupancy shall be deemed to be temporary only if said occupancy is of shorter duration than a month-to-month tenancy. In addition, one (1) manager's unit for long-term occupancy shall be permitted for a motel or hotel facility.

Natural medicine business means any of the following entities defined under Section 16-192 that are licensed under C.R.S. § 44-50-101, et seq. and includes:

a.

Natural medicine healing centers;

b.

Natural medicine cultivation facilities;

c.

Natural medicine products manufacturers;

d.

Natural medicine testing facilities; and

e.

Any other business entity licensed to perform operations related to natural medicine by the state licensing authority.

Nonconforming building means a building that does not conform to the minimum setbacks, maximum height, floor area, parking requirements, open space or other provisions of this Chapter.

Nonconforming lot means any lot that does not conform to the minimum lot area, minimum width or frontage upon a public street.

Nonconforming use means a use of land or building that is not in conformance with the use regulations of this Chapter.

Nudity or state of nudity means the appearance of more than two-thirds (⅔) of the human bare buttocks, or the anus, male genitals, female genitals or the female breasts below the top of the nipple; or a state of dress which fails to opaquely cover more than two-thirds (⅔) of the human buttocks, or the anus, male genitals, female genitals, pubic region or aureole of the female breast below the top of the nipple.

Obscene material means that material which:

a.

Taken as a whole, appeals to the prurient interest of the average person, applying a contemporary statewide standard;

b.

Depicts or describes hard-core sexual conduct; and

c.

Taken as a whole, lacks serious literary, artistic, political or scientific value

Obscene performance means that performance which:

a.

Taken as a whole, appeals to the prurient interest of the average person, applying a contemporary statewide standard;

b.

Presents or shows hard-core sexual conduct; and

c.

Taken as a whole, lacks serious literary, artistic, political or scientific value.

Open space (replaces greenbelt) means land retained in an open or natural state, except for agricultural use or for the placement of landscape materials, including trees, shrubs and grass, and structures limited to footpaths, bridges, irrigation, erosion protection, underground utilities, or improved for park use. Ownership may be public or private. Designation of open space does not imply the right of access by the public unless the property is dedicated to the Town or a public easement is obtained.

Open space, landscaped means a lot, tract or parcel of land that has been improved by the preservation, rearrangement, installation or planting of different trees, shrubs, grass and decorative materials. Decorative materials means materials which augment and enhance the botanical landscaping, including rocks, gravel, driftwood, bark, ponds, fountains, walls or other landscape design features approved by the Town. Such land may be used for plazas, walkways, arcades and pedestrian areas.

Operator means and includes the owner, permit or license holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

Optional premises shall have the same meaning as set forth in C.R.S. § 12-43.3-104 (the premises specified in an application for a medical marijuana center license with related growing facilities in Colorado for which the licensee is authorized to grow and cultivate marijuana for a purpose authorized by section 14 of article XVIII of the state constitution), as amended.

Optional premises cultivation operation shall have the same meaning as set forth in C.R.S. § 12-43.3-104 (a person licensed pursuant to operate a business to grow and cultivate marijuana), as amended.

Parking area means an open space or an enclosed structure or building used exclusively for the temporary storage of automobiles.

Parking, off-street means any parking area located wholly within the limits of one (1) or more lots.

Patient, when used within definitions and provisions in this Code regulating the use of medical marijuana, means a person with a valid registry identification card pursuant to C.R.S. § 25-1.5-106.

Peep booth means a viewing room of less than one hundred fifty (150) square feet of floor space.

Performance means a presentation or exhibition, whether live or recorded, in a public place or place open to the public or to a segment thereof.

Permittee or licensee means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as the applicant on the application for a permit and/or license.

Person means an individual, proprietorship, partnership, corporation, association or other legal entity.

Personal services means a commercial establishment engaged in providing personal services and products to the general public, including barbershop and beauty shop; tattoo parlor; dry cleaner; Laundromat; tailor; repair shop for small appliances, electronics, sporting goods and similar items; art/martial arts/dance studios; health and fitness facility; spa and similar uses.

Planned Unit Development(PUD) means an area of land, controlled by one (1) or more for a number of dwelling units or commercial, educational, recreational or industrial uses, or any combination of the foregoing, the plan for which does not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restriction to the existing land use regulations.

Premises shall have the same meaning as set forth in C.R.S. § 12-43.3-104 (a distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area), as amended.

Primary caregiver, when used within definitions and provisions regulating the use of marijuana, shall have the same meaning as set forth in Article XVIII, Section 14, of the Colorado Constitution (a person, other than the patient and the patient's physician, who is eighteen (18) years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition), as amended, and who is regulated under the provisions of C.R.S. § 25-1.5-106, as amended.

Principal owner means any person owning, directly or beneficially, twenty percent (20%) or more of the ownership interest in any legal entity.

Private educational institutions or instructional facility means an organization giving systematic instruction in any branch of knowledge and affiliated with a religious or other private organization or a for-profit organization designed to give instruction in any field.

Private open space means open space that is directly accessible from an individual dwelling unit and is owned by the owner of the dwelling unit.

Private room means a room in an adult motel that is not a peep booth, has a bed and bath in the room or adjacent room and is used primarily for lodging.

Professional office means a building or portion thereof used as the office of a doctor, dentist, lawyer, architect, landscape architect, engineer, planner, accountant and similar professionals.

Promote means to produce, direct, manufacture, sell, provide, distribute, present or exhibit for consideration, or to offer or agree to do any of these things for consideration, or to have a financial interest in any of these things.

Public and governmental building or use means any building open to the general use, participation or enjoyment of the public and owned by the Town, County, State or federal government or by a public utility corporation.

Public hearing means a duly noticed hearing of the Town Council, the Planning and Zoning Commission or the Board of Zoning Adjustment that is open to parties in interest and citizens providing them with an opportunity to be heard. The body calling such a hearing shall possess the authority to continue any hearing before it to a later time or different place if, in the discretion of the members of the body, such a continuance will aid in the resolution of the matters regarding which said hearing is being held, and provided that the applicant consents to the continuance of said hearing.

Public nonprofit entity, community development organization means a non-profit organization which meets the requirements of Section 501(c) of the Internal Revenue Code. In addition, a community development organization is distinguished from other nonprofit organizations in that the focus for a community development organization is on community economic development and furthering social capital as defined in the Town's Master Plan through activities such as the creation of affordable housing, business micro lending, job training, and real estate development that has a community purpose and that typically would not occur in the free market. The Town Planner shall make the initial determination of whether an entity satisfies the definition of a community development organization, and said determination may be appealed to the Town Council.

Restaurant means a commercial establishment engaged in the preparation and serving of food and drink to the general public. The sale of products manufactured or enhanced on premises shall be permitted. Restaurant uses shall include restaurant, fast food, nightclub and bar, neighborhood cafe and other similar uses and activities.

Retail means commercial establishments engaged in the selling or renting of consumer goods and merchandise. The sale or rental of products manufactured or enhanced on premises and the rendering of services incidental to the sale or rental of such products shall be permitted. Retail includes food markets, clothing, sporting equipment, jewelry, books, videos, prescription drugs, liquor, hardware, furniture, flowers, gifts, art, motor-driven cycles and motorized bicycles, nonmotorized vehicles, such as bicycles, and similar uses and activities. Retail shall not include office uses, sale or rental of motorized vehicles or motorcycles.

Retail marijuana cultivation facility shall have the same meaning as set forth in Subsection 16(2) of Article XVIII of the Colorado Constitution under "marijuana cultivation facility" (an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers), as amended.

Retail marijuana establishment shall have the same meaning as set forth in Subsection 16(2) of Article XVIII of the Colorado Constitution under "marijuana establishment" (a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store), as amended.

Retail marijuana product shall have the same meaning as set forth in Subsection 16(2) of Article XVIII of the Colorado Constitution under "marijuana establishment" (concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as but not limited to, edible products, ointments, and tinctures), as amended.

Retail marijuana products manufacturing facility shall have the same meaning as set forth in Subsection 16(2) of Article XVIII of the Colorado Constitution under "marijuana products manufacturing facility (an entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers), as amended.

Retail marijuana store shall have the same meaning as set forth in Subsection 16(2) of Article XVIII of the Colorado Constitution (an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers), as amended.

Retail marijuana testing facility shall have the same meaning as set forth in Subsection 16(2) of Article XVIII of the Colorado Constitution under "marijuana testing facilities" (an entity licensed to analyze and certify the safety and potency of marijuana), as amended.

River setback means that distance between the point closest to the river on the face of a building on land adjacent to a river to the line highest in elevation on the shore established by the fluctuations of water and indicated by physical characteristics, such as a clear, natural line impressed on the bank; shelving; changes in the character of soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas.

Sadomasochistic material or sadomasochistic performance means that material or performance which:

a.

Taken as a whole, appeals to the prurient interest of the average person, applying a contemporary statewide standard;

b.

Depicts, presents, shows or describes flagellation, mutilation or torture, actual or simulated, in a sexual context; and

c.

Taken as a whole, lacks serious literary, artistic, political or scientific value.

School. An entity or organization, to be considered as a school, must comply with at least one (1) of the following definitions: (a) a nonprofit entity with its own taxing district that offers education to the public; (b) an organization giving systematic instruction in any branch of knowledge and affiliated with a religious or other private organization; (c) a for-profit organization designed to give instruction in any field; (d) an institution specialized in higher education associated with a public or private university;

Setback means the required minimum horizontal distance between a building and the front, side or rear property line.

Sexual encounter establishment means a business or commercial establishment which, as one of its primary business purposes, offers a place where two (2) or more persons may congregate, associate or consort for the purpose of the exposure of specified anatomical areas, or when one (1) or more of the persons exposes any specified anatomical area.

Short-term multi-family or lodge means a building containing six (6) or more units intended for temporary occupancy by guests. Accessory uses may consist of an office, laundry facilities used by the occupants, recreation facilities, a lobby or lounge, kitchens to be used by the occupants within individual units, and dining facilities and similar accessories as commonly found in association with a commercial lodging operation and meeting the requirements of the particular zone district in which the building is located. Occupancy shall be deemed to be temporary only if said occupancy is of shorter duration than a month-to-month tenancy. In addition, one (1) permanent manager's unit for long-term occupancy shall be permitted for a temporary multi-family or lodge facility.

Sign means an identification, description, illustration or device which is affixed to or represented, directly or indirectly, upon a building, structure or land, which attracts attention to a product, place, activity, person, institution or business.

Slope means the change in vertical elevation measured over a specified horizontal distance. Slope is determined by dividing the horizontal distance or "run" into the vertical distance or "rise" between two (2) points and converting the resulting ratio into a percentage value. A higher slope value indicates a steeper incline. For purposes of regulation and measurement, a slope of thirty percent (30%) or greater must involve an elevation change of at least ten (10) feet over a horizontal distance of thirty (30) feet or less. Areas that an applicant can demonstrate are manmade anomalies in the natural grade, such as a cut previously made to a natural grade for a foundation wall or retaining wall, or a berm installed on a property, shall not be construed to be a slope of thirty percent (30%) or greater unless the area is associated with a natural grade that meets the above-written definition of a thirty percent (30%) slope.

Small animal veterinary clinic means a professional business providing veterinary services to small animals, employing one (1) veterinarian in a practice that is all contained indoors, has no outside runs and does not provide kennel or boarding services except for animals receiving or recovering from veterinary services.

Small business incubator means a facility operated to encourage and support the growth and success of entrepreneurial companies by providing a variety business support resources and services, including but not limited to physical space, coaching and mentoring services, access to financing, networking connections, shared supply purchasing, or shared data systems and resources.

Special event means temporary, short-term uses of lands or structures, not otherwise included as a permitted use by the zoning regulations. Special events include such uses as public events intended for amusement or entertainment (concerts, festivals); private events such as weddings; fund-raising or events for nonprofit organizations; foot races, bike races and such.

Special review use means uses that are permitted within a zoning district only with the prior approval of the Town Council in accordance with the procedures stated in Article III of this Chapter.

Specified anatomical areas are defined as including:

a.

Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point above the top of the nipple.

b.

Human male genitals in a discernible turgid state even if completely and/or opaquely covered.

c.

Areas included within the definition of nudity.

Specified criminal acts means acts which include sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business, including but not limited to distribution of obscenity; sale, distribution or display of harmful material to a minor; prostitution, promotion of prostitution, aggravated promotion of prostitution; compelling prostitution; sexual performance by a child; possession of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity as defined by the state statutes; sexual assault or aggravated sexual assault as defined by the state statutes; incest; solicitation of a child or harboring a runaway child as defined by the state statutes; kidnapping or aggravated kidnapping as defined in the state statutes; robbery or aggravated robbery as defined in the state statutes; bribery or retaliation as described in the state statutes in violation of the Colorado Controlled Substances Act or Dangerous Drugs Act punishable as a felony, Class A Misdemeanor or Class B Misdemeanor; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; pandering or tax violations associated with sexually oriented businesses; or crimes involving the use of or trafficking narcotic drugs, or violent acts against persons or property.

Specified sexual activities means acts, simulated acts, exhibitions, representations, depictions or descriptions of:

a.

Human male genitals in a discernable and evident state of sexual stimulation or arousal.

b.

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

c.

Intrusion, however slight, actual or simulated, by any object, any part of an animal's body or any part of a person's body into the genital or anal openings of any person's body.

d.

Cunnilingus, fellatio, anilingus, masturbation, bestiality, lewd exhibition of genitals or excretory function, actual or simulated, buggery, coprophagy, coprophilia, necrophilia, pederasty, pedophilia, piquerism, sapphism and zooerasty.

e.

Flagellation, mutilation or torture, actual or simulated, including sadomasochism, in a sexual context.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six (6) feet above finished or original grade, whichever is lower, for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above finished or original grade, whichever is lower, at any point, such usable or unused underfloor space shall be considered as a story. A mezzanine floor, loft or other intermediate floor, placed within any story shall not be considered a story if the area of the intermediate floor does not exceed twenty-five percent (25%) of the total floor area of the story within which it is placed.

Structural alteration means any addition to or subtraction of parts of a building, including walls, columns, beams, girders, foundations, doors and windows.

Structure means anything constructed or erected upon the ground, except utility poles, flagpoles or walls and fences less than four (4) feet high.

Toe of slope means a line drawn along the lower boundary of a steeply sloping area that represents the place at which the grade of the property transitions from a slope of greater than thirty percent (30%) to a slope of less than thirty percent (30%). The toe of slope shall be identified as part of a slope category analysis prepared for a property.

Total care facility means a facility designed for round-the-clock (24-hour) care of individuals. A small total care facility is for three (3) or less individuals. A large total care facility is for more than three (3) individuals.

Total square feet means the entire square footage of a dwelling unit, including storage, mechanical, basement, garage, but excluding crawl spaces and open (not enclosed) porches, patios and decks covered or uncovered. Porches, patios and decks that are enclosed shall count as part of total square footage.

Transfer of ownership or control of a sexually oriented business means any business arrangement, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

Travel trailer, camper means a portable structure mounted on wheels and drawn by a stock passenger automobile or designed to be loaded on to or affixed to the bed or chassis of a truck, or a portable structure mounted on wheels and constructed with collapsible partial side walls of fabric, plastic or other pliable material which fold for towing by another vehicle and unfold at the campsite to provide for temporary living quarters for recreational camping or travel use. The term travel trailer shall include the units designated as "campers," "pop-ups," "motor homes," "camper buses" or "recreational vehicles."

Use means the purpose for which any land, structure or building is designed, maintained or occupied.

Utility facilities:

Utility facilities, major means all private and public utility facilities, including but not limited to communications, tele-communications facilities except for those regulated under section 191 of this Chapter, gas, electric, alternative power sources, turbines, water and sewer facilities, structures, towers and buildings (but not including transmission lines) which do not satisfy the criteria for minor utility facility. In the event of uncertainty concerning whether a utility facility is major or minor, a determination may be made by the Technical Review Committee which may be appealed to the Town Council in the event the applicant disagrees with the determination of the Technical Review Committee.

Utility facilities, minor means private and public utility facilities, including but not limited to communications, telecommunications facilities except for those regulated under section 191 of this Chapter, amateur radio operator's facilities, gas, electric, alternative power sources, micro-turbines, water and sewer facilities, structures, installations and buildings (but not including transmission lines). Minor utility facilities shall satisfy all applicable criteria set forth below. Utility facilities which are larger than those satisfying the relevant criteria set forth below are major utility facilities. Utilities designed to serve a building or use on the same property shall not generally be considered a minor utility facility subject to the provisions established herein for minor utility facilities but shall be considered as a mechanical use subject to the provisions of the schedule of requirements of the zone district in which they are located (e.g., a micro-turbine serving as an energy source for a building). Individuals, businesses or nonprofit entities may produce energy for sale back to the utility company and a residence may have amateur radio operator facilities, if the unit producing the energy or transmission satisfies the schedule of requirements for that zone district and is so small and hidden from view of the public that in the opinion of the Building Official the utility unit does not meet the definition of a minor utility facility.

Minor utility facilities shall satisfy the following: Improvements shall conform with the corresponding zone district schedule of requirements; improvements and connections will be below grade to the extent reasonably possible; any above-grade portions of a building, structure or installation shall not exceed two thousand (2,000) square feet of total gross floor area, including all enclosed square footage, storage areas and utility boxes or pedestals; the height for any above-grade structure shall conform to the maximum height allowed for an accessory building or fifteen (15) feet at the peak of the structure, whichever is lower; no more than one (1) off-street parking space or loading area shall be allowed, with a maximum of five hundred (500) square feet in any loading area and landscaping shall be incorporated into the parking or loading area; no full-time employees, including office or administrative functions, shall be provided at such facility; no above-grade, unenclosed storage or outside work areas shall be permitted at such facilities; transmission and/or receiving units or similar installations shall conform with height and setback requirements of the zone district schedule of requirements and must be contained in a structure or within a utility pedestal no larger than twenty-seven (27) cubic feet in size or otherwise shielded from view; there shall be no noise, glare, vibration, electrical interference or similar nuisance impacts generated from or off of the utility installation; the building mass shall be compatible with the existing building sizes in the neighborhood; and the installation shall incorporate features and design elements consistent with the Town's Master Plan, including the neighborhood typologies.

Utility lines:

Utility lines, major, means all private and public utility transmission lines, including but not limited to communications, telecommunications, gas, electric, alternative power sources, water, sewer and any other transmission lines which are not underground or for which the purpose is to transmit or transport the utility service to areas outside the Town. In the event of uncertainty concerning whether a utility line is major or minor, a determination may be made by the Technical Review Committee which may be appealed to the Town Council in the event the applicant disagrees with the determination of the Technical Review Committee.

Utility lines, minor, means private and public utility transmission lines, including but not limited to communications, telecommunications, gas electric, alternative power sources, water, sewer and other transmission lines which are underground and for which the purpose is to serve properties within the Town.

Yard means the space on the same lot as a building or structure that is unoccupied and open to the sky.

Yard area, required means the open space area that is not occupied by a principal building, with a depth or width specified by the setback regulations for the district in which the lot is located.

Yard, front means that portion of a yard between the street line and the building and between the two (2) side lot lines, the depth of which shall be the least distance between the front lot line and the building.

Yard, rear means that portion of a yard between the rear of a building and a rear lot line and between two (2) side lot lines, the depth of which shall be the least distance between the building and the rear lot lines.

Yard, side means all the yard between the front and rear yards, the width of which shall be the least distance between the side lot lines and the building.

Zoning Administrator means the Town Manager or his or her designee.

(Prior code 70-4; Ord. 10 §1, 1991; Ord. 22 §1, 1991; Ord. 8 §1, 1993; Ord. 13 §1, 1993; Ord. 20 §3, 1996; Ord. 1 §1, 1997; Ord. 5 §§3, 4, 1997; Ord. 10 §1, 1997; Ord. 23 §1, 2000; Ord. 32 §2, 2000; Ord. 33 §1, 2001; Ord. 9 §B, 2002; Ord. 33 §B1, 2003; Ord. 13 §§1, 4, 5, 2008; Ord. 07 §B1, 2009; Ord. 12 §§1, 2, 2009; Ord. 05 §C(Exh. B), 2012; Ord. 07 §3(Exh. C), 2012; Ord. 10 §B1(Exh. A), 2012; Ord. 04 §B1, 2013; Ord. 30 §1(Exh. A), 2013; Ord. 14 §1(Exh. A), 2014; Ord. 21 §B.2(Exh. B), 2016; Ord. 18 §2(Exh. A), 2019; Ord. 16 §A(Exh. A), 2020; Ord. 26 §3(Exh. B), 2022; Ord. 08, §2(Exh. A), 2024; Ord. 08, §2(Exh. A), 2025)

For the purpose of implementing the provisions of this Chapter, there are hereby established the following zone districts:

(Prior code 70-5; Ord. 28, 2003; Ord. 10, 2012; Ord. 04, 2013)

(a)

The location of zoning districts hereby established are shown on the map entitled "Town of Basalt, Colorado, Official Zoning Map," and is hereby made, along with explanatory matter thereon, a part of this Chapter. The Official Zoning Map shall be filed at the office of the County Clerk and shall be kept current at all times.

(b)

All amendments to the Map made in conformity with this Chapter shall be recorded on the Map within one (1) week of adoption, showing the general location, effective date and nature of the change.

(c)

Unless otherwise specified on the Official Zoning Map, zone boundaries shall be construed to lie on the center line of streets and alleys, on lot lines or platted subdivisions, on railroad right-of-way boundaries, on the boundary lines of zoning districts or incorporated areas, or on section lines.

(Prior code 70-6)

Except as hereinafter provided in this Section or by a variance granted by the Board of Zoning Adjustment:

(1)

No building, structure or land shall hereinafter be occupied or used and no building or structure or part thereof shall be erected, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

(2)

No building or structure shall hereinafter be erected or altered to exceed the height, to accommodate or house a larger number of families, to occupy a greater percentage of the lot or to have narrower or smaller rear yards, front yards, side yards or other open spaces than is herein permitted in the district in which the building or structure is located.

(3)

No part of a yard, loading zone or open space needed by a building or structure to meet the requirements of this Chapter may be included in whole or in part in meeting the requirements of any other building or structure.

(4)

No yards or lots existing at the time of the adoption of this Chapter shall hereafter be reduced below the minimum dimensions or area required by this Chapter.

(Prior code 70-7)

Development review considerations and public hearings shall be subject to the following guidelines and restrictions:

(1)

Development review items will be scheduled for consideration as agenda time is available. Nothing herein shall require the scheduling of additional or special meeting times, unless required subject to applicable state statutes. Agenda scheduling shall be subject to approval by the Planning and Zoning Chairman for the Planning and Zoning Commission and subject to approval by the Mayor for the Town Council.

(2)

Continuations of development review, subject to provisions of applicable state statutes, shall be an option for the Town Council and Planning and Zoning Commission subject to reasonable findings including but not limited to: (a) need for additional time for public input; (b) requests for additional information from the applicant; (c) lack of available agenda time; (d) need for additional time for Councilor or Commissioner comments; (e) direction to staff for additional information, analysis or review; (f) incomplete, inconsistent or unclear application materials requiring clarification or additional refinement; (g) the need for additional referral comments or coordination of review with neighboring jurisdictions; (h) failure of the applicant to provide requested information.

(Ord. 5 §1, 1997; Ord. 33 §B1, 2003)

Any development review application filed with the Town under this Chapter, including, but not limited to, all applications for planned unit development, site plan, special review, rezoning or text amendment shall demonstrate that the proposal is in general conformance with the Master Plan as then in effect. Approval of any such development application shall require a finding by the approving board that the application is in general conformance with the Master Plan as then in effect.

(Ord. 17 §2, 1999)

Any act of the Town pursuant to this Chapter which places a burden on or limits the use of private property shall be by ordinance approved by the Town Council in accordance with the procedures described in the Town Charter.

(Ord. 33 §B2(17), 2003)

(a)

The Town Council shall have the authority to hear and decide requests for code interpretations and appeals as provided in this section.

(b)

At the request of any affected person, the Town Council may make an interpretation to the text of this Chapter or the boundaries of the zone district map and consider an appeal of such interpretation made by the Town Planner. Any such request shall require a public meeting with written notice being provided to the interested parties as they are determined by the Town Planner.

(c)

The Council may consider any other appeal for which specific authority is not granted to another board or commission as established by this Chapter. An appeal of this nature shall be a public meeting with written notice being provided to the interested parties as they are determined by the Town Planner.

(Ord. 6 §1(Exh. A), 2014)