For the purpose of this Title, certain words or phrases are defined below. When not inconsistent with the content, words used in the present tense include the future, words in the singular number include the plural number, words in the plural number include the singular number, and the masculine includes the feminine. Certain other terms are defined in the Chapter for which they apply. In the event of a conflict between a definition in this Chapter 17.14 and a definition within a specific chapter, the definition within the specific Chapter shall apply.

Accessory building means a detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.

Accessory use means a use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.

Airport means aircraft take-off and landing fields and flight training schools; or airstrips for personal aircraft for the private use of an individual. The term airport also includes the term general helicopter aviation, which is any area used for the take-off and landing of general helicopters that also includes passenger and cargo facility, fueling and emergency service facility. This use does not include the term Helistop/Heliports for private helicopter use.

Alcoholic beverage sales means the retail sale of beer, wine, or other alcoholic beverages for on- or off-premise consumption, including but not limited to liquor store, microbrewery, distillery and/or winery.

Asphalt/concrete plant means a plant used for the manufacture of asphalt, concrete, macadam and other forms of coated road stone.

Assisted living/memory care means facilities designed to provide residents with assistance for activities of daily living and medication assistance for individuals with a level of cognitive impairment. This use does not include alcohol and drug rehabilitation facilities.

ATM/kiosk means as small stand-alone device or structure, permanent or temporary, providing information, products, and/or services.

Auto body and vehicle/RV/boat equipment and repair means collision repair, paint, or upholstery services for vehicles. Repair of automobile, trucks, motorcycles, mobile homes, recreational vehicles, and other vehicles except general automobile repair, including the sale, installation, and servicing of related equipment and parts.

Automobile/vehicle/RV/boat/motorcycle/all-terrain vehicles/equipment sales and leasing means the sale and/or leasing of automobiles, vehicles, RV's, boats, motorcycles, all-terrain vehicles and equipment, including storage of inventory and incidental maintenance and repair.

Automobile service/fuel station/wash/rental shall mean, though not limited to, the following:

a.

Fuel service station (including a fuel service station that is associated with a grocery store and/or warehouse club);

b.

Fuel convenience mart (a gasoline service station with a convenience store);

c.

Auto repair, quick service oil, tune-up, brake, and muffler shops not including auto body (e.g., collision repair), paint or upholstery services;

d.

An establishment engaged in the retail sale of vehicle fuel, tires, lubricants, parts and accessories;

e.

Businesses that exclusively rent vehicles;

f.

Self-service, in bay automatic, or conveyor equipment for cleaning and washing motor vehicles.

Bed and breakfast means a place of lodging that provides rooms for short-term rental, is the owner's personal residence; and is occupied by the owner at the time of room rental.

Boarding and rooming house means a building or portion thereof which is used to accommodate, for compensation, five or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensation includes compensation in money, services or other things of value.

Building means any structure built for the shelter or enclosure of persons, animals and property of any kind, and not including advertising signboards or fences.

Building height means the vertical distance from the Grade to the uppermost point of the roof structure. The height limitations set forth in this Title shall not apply to church spires, belfries, cupolas, penthouses or domes not used for human occupancy, to chimneys, ventilators, skylights, parapet walls, cornices without windows, antennas or necessary mechanical appurtenances usually carried above the roof level.

Building coverage means the horizontal area measured within the outside of the exterior walls of the ground floor of all principle and accessory buildings on the lot.

Cemetery means any place, including a mausoleum, niche or crypt, in which there is provided space either below or above the surface of the ground for the internment of the remains of human bodies.

Clinic means facilities operated by doctors, dentists, chiropractors or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis and typically by appointment. This use does not include alcohol or drug rehabilitation facilities.

College/university/vo-tech means, but is not limited to, colleges, universities, vocational/technical schools, trade schools, business schools, training centers, beauty schools, culinary schools.

Commercial amusement, indoor means uses that provide commercial amusement indoors and includes, but is not limited to, bowling alleys, pool rooms, indoor sports arenas, movie theaters, live theaters, indoor skating rinks and arcades. This use does not include indoor shooting ranges.

Commercial amusement, outdoor means uses that provide commercial amusement outdoors, including but not limited to, outdoor arenas or stadiums, amusement or theme parks, fairgrounds, miniature golf establishments, golf driving ranges, water slides and batting cages.

Day care center facilities means facilities that are maintained for any portion of a day for the care of children and adults or are not related to the owner, operator or manager thereof, whether the facility is operated with compensation for such care and with or without stated educational purposes. This use includes, but is not limited to, school-aged day care center, nursery and pre-school, adult day care, center for developmentally disabled persons and facilities for children operated in conjunction with a kindergarten. This does not include overnight care.

Density, gross means the resultant figure in a residential development area when the total number of dwelling units is divided by the total acres of the development area; in a commercial or industrial development area, it is the resultant figure when the total square footage of buildings is divided by the total acres of the development area.

Density, net is a similar calculation as gross density, except that all public and private streets and all public land dedications are excluded from the total acres of the development area.

Developer means the party or parties securing all required approvals and permits from the Town and assuming full and complete responsibility for the project, including construction of any public and private improvements required in connection with the project.

Disability is defined as one or more of the following:

a.

The term "handicap" as set forth in 42 U.S.C. § 3602(h) or, with respect to a person, (1) a physical or mental impairment which substantially limits one or more of such person's major life activities, (2) a record of having such an impairment, or (3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance.

b.

Intellectual and developmental disabilities as such term is used in C.R.S. § 31-23-303(2)(a).

c.

Age of sixty (60) years or older, or as otherwise described in C.R.S. § 31-23-303(2)(b)(II).

d.

Behavioral or mental health disorders, including one or more substantial disorders of the cognitive, volitional, or emotional processes that grossly impairs judgment or capacity to recognize reality or to control behavior, or as otherwise described in C.R.S. § 31-23-303(2)(b.5).

Disposal services means commercial waste disposal sites and/or a landfill site (also known as tip, dump or rubbish dump) for the disposal of waste materials by burial. This includes waste transfer stations.

Drive-through facility means an establishment that by design, service or by packaging procedures encourages or permits customers to receive services and obtain goods while remaining in their motor vehicles.

Dwelling means any building or portion thereof which is used as the private residence or sleeping place of one or more human beings, but not including hotels, motels, tourist courts, clubs, hospitals or similar uses.

a.

Multifamily dwelling means a building, or portion thereof, designed for or occupied by three (3) or more families living independently of each other, which may include condominium or townhouse units.

b.

One-family dwelling means a building designed exclusively for occupancy by one family, including attached residences.

c.

Two-family dwelling means a detached building designed exclusively for occupancy by two families living independently of each other.

Dwelling unit means one or more rooms in a dwelling, apartment house or apartment hotel designed for occupancy by one (1) family for living or sleeping purposes and having not more than one kitchen.

Educational facility means a public, private, charter, or parochial school offering instruction for children ages kindergarten through high school with a level of learning and studies.

Fence means an artificially constructed barrier of wood, masonry, stone, wire, metal or other manufactured material or combination of material erected to enclosed, screen or separate areas.

Family is defined as one of the following:

a.

One or more persons who are related by blood, marriage or adoption, including any foster children; or

b.

A group of not more than five unrelated persons living together as a single housekeeping unit by joint agreement on a nonprofit cost-sharing basis; or

c.

A combination of persons related by blood, marriage or adoption, including any foster children and unrelated adults, not to exceed five persons living together and occupying a single dwelling unit.

Family child care home means a type of facility for child care as defined by C.R.S. § 26.5-5-303(7).

Garage/yard sale means a retail sale conducted by the occupant of a single-family residence or the owner/manager of a multifamily residence.

Grade (ground level) means the average of the finished ground level at the center of all walls of a building. If the building walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

Gross floor area means the sum of the gross horizontal areas of the several floors of a building, including interior balconies and mezzanines, but excluding exterior balconies. All horizontal dimensions of each floor are to be measured by the exterior faces of walls of each such floor, including the walls of roofed porches having more than one wall. The floor area of a building shall include the floor area of accessory buildings on the same lot, measured the same way. In computing gross floor area there shall be excluded the following:

a.

Any floor area devoted to mechanical equipment serving the building;

b.

Any floor area used exclusively as parking space for motor vehicles; and

c.

Any floor area which serves as a pedestrian mall or public access way to shops and stores.

Group home means a residence operated as a single dwelling, licensed or approved by a governmental agency for the purpose of providing special care or rehabilitation due to homelessness, social, behavioral or disciplinary problems; provided that authorized supervisory personnel are present on the premises. This category would include, but not be limited to, the following types of facilities: juvenile group homes and halfway houses and alcohol and drug dependency residential facilities.

Gym/Health club means a facility where members use equipment or space for the purpose of physical exercise, including sports instruction, but not limited to weight training or athletic sports training.

Heavy industry means industry which is capital- and/or labor-intensive, such as the manufacture of industrial machinery, steel, rubber, rendering or petroleum processing. This use includes automobile manufacturing and crematoriums.

Helistop/heliport means an area used for the take-off and landing of private helicopters for the purpose of picking up and discharging of passengers or cargo. The use of the helistop is restricted to specific users or purposes (e.g., tenants of a corporate park, a hospital trauma center, etc.) and the term does not include facility for general helicopter aviation use.

Home occupation means any use conducted principally within a dwelling or accessory building and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.

Hospital means a facility licensed by the state to provide primary health care services and medical or surgical care to persons, primarily in-patient, suffering from disease, injury or other abnormal physical conditions.

Hotel/motel means a place that offers overnight accommodations for short-term rental, including hotels and motels. The term hotel/motel shall also include convention facilities and/or meeting rooms.

Household pets means animals that are customarily kept for personal use or enjoyment within the home, not to include livestock or other hoofed animals, or the keeping of more than four animals of over four months of age, and subject to the restrictions in Chapter 6.02, CRMC, further prohibiting the keeping of dangerous and other nondomestic species. Horses are allowed within Planned Developments that specifically allow them, subject to certain conditions and criteria as also established in Chapter 6.02.

Institutional care means housing where residents are assigned to the facility and are under protective care. This use includes jails or prisons; work release; psychiatric hospitals; and alcohol and drug rehabilitation clinic/facilities.

Kennel/doggy daycare means premises where any combination of dogs, cats or other household pets are kept, cared for, boarded, or bred for the intention of profit, subject to Title 6 of the Castle Rock Municipal Code. A dog grooming facility without an overnight boarding facility is classified as retail.

Light industry, means industrial operations that have less impact and are less offensive to neighboring properties than those classified as heavy industry. Light industry is a manufacturing activity that uses moderate amounts of partially processed materials to produce items of relatively high value per unit weight. Examples of light industries include the manufacture of clothes, shoes, furniture, consumer electronics and home appliances. This use includes wholesale sales.

Live-work unit means a dwelling unit that provides space designed for one or more commercial use that is permitted in the Zoning District. Access between the dwelling unit and the commercial space is provided within the unit.

Lot means a parcel of real property as shown and described upon a plat duly accepted by the Town and recorded with the County Clerk and Recorder.

a.

Lot area means the area of land enclosed within the boundaries of a lot.

b.

Flag lot means a lot without a front lot line adjacent to a street or public right-of-way, but with a dedicated access to a public right-of-way. For the purposes of setbacks on flag lots, the Director of Development Services shall establish lot line setbacks.

c.

Front lot line means the property line dividing a lot from a street. On a corner lot the Director of Development Services may declare one front lot line to be a side lot line.

d.

Rear lot line means the line opposite the front lot line.

e.

Reversed corner lot means a corner lot of which the side street line is substantially a continuation of the front lot line of the first lot to its rear.

f.

Side lot line means any lot lines other than front lot lines or rear lot lines.

Diagram "A"

Lot coverage means a measure of intensity of land use that represents the portion a site that is impervious (i.e., does not absorb water). This portion includes, but is not limited to all areas covered by buildings, parking structures, driveways, roads, sidewalks, and any areas of concrete or asphalt.

Medical labs means a facility for scientific analysis of medical resources.

Mineral extraction means uses that involve extraction of minerals from the ground, including surface and subsurface mining and quarrying.

Multifamily means buildings that contain three or more dwelling units, which are accessed from interior elevators or hallways, or from individual exterior entrances, and are separated by interior walls and/or floors. Multifamily does not include boarding houses, dormitories, fraternities, sororities, bed and breakfast establishments, single-family attached dwellings, or hotels and motels.

Multi-modal transit facility means terminals used for the ticketing, loading and unloading of bus or train passengers. Food and beverage sales conducted during normal terminal operations are included as assessor uses.

Nursery or greenhouse (wholesale or retail) means an enterprise that conducts the retail and/or wholesale sale of plants grown on the premises. The term also includes an accessory use, the sale of a limited selection of items (e.g., soil, planters, pruners, mulch, lawn or patio furniture, garden accessories, etc.) that are directly related to the care and maintenance of landscape.

Nursing home means a public or private residential facility providing a high level of long-term personal physical rehabilitation or nursing care for persons (such as the aged or chronically ill) who are unable to care for themselves properly. This use excludes care for alcohol and drug rehabilitation, mental illness or communicable disease.

Occupied includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.

Office means a designated area in which commercial or professional activities take place, including but not limited to, accounting, advertising, bank, counseling services, medical and dental facilities, studios for television and radio broadcasting, and research and development that does not include manufacturing.

Oil and gas production means the process of exploration, extraction, transporting petroleum products.

Open space/unobstructed means an area intended to provide light and air and is any parcel of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use. Open space may include active recreation with limited pervious surfaces, such as swimming pools, play equipment, ball fields, court games and picnic tables. Passive open space may include areas not occupied by any structures and limited pervious surfaces, such as parks, and landscape tracts (except parking lot islands). Credit will be considered for courtyards and plazas based on the Director's review. Open space shall not include driveways, parking lots, parking islands, drive aisles, or other surfaces designed or intended for vehicular travel.

Parking means the standing or placement of a vehicle, whether occupied or not, for any purpose other than briefly loading or unloading passengers or property.

Parking Facility (stand-alone lot/structure) means parking that is the primary use (public or private). A facility that provides both accessory parking for a specific use and parking for people not connected to the use is also classified as a parking facility. This includes small structures intended to shield attendants from the weather.

Place of worship includes, but is not limited to a church, synagogue, temple or mosque.

Private club means organizations or associations of persons for some common purpose, such as fraternal, social, educational, or recreational purpose, but does not include clubs organized primarily for-profit or to render a service which is customarily carried on as a business.

Public facilities means civic, public and public assembly uses which include, but are not limited to community centers, courthouses, museums, libraries, public safety facilities, police, fire and EMS stations, cultural arts centers and parks.

Recreation, indoor means uses that provide recreation opportunities indoors for the public. The term recreation, indoor includes, but is not limited to recreation centers, gymnasiums, indoor swimming pools, tennis, racquetball or handball courts, rock climbing, indoor hockey rink.

Recreation, outdoor means uses that provide recreation opportunities outdoors for the public (open to the community) or residents of a subdivision or development, which are not commercial in nature (except for golf courses, which may be commercial in nature). The term recreation, outdoors includes public areas for active or passive recreational activities, including, but not limited to jogging, cycling, playing fields, outdoor swimming pools, tennis courts, golf courses, arboretums, community gardens, wildlife sanctuaries, and other natural areas used for walking or hiking and other passive recreation oriented parks.

Recreational vehicle means a vehicle used for recreational purposes including such vehicles as travel trailer, tent trailer, detached pickup camper or coach, motorized dwelling, boat and boat trailer, snow vehicle, cycle trailer, utility trailer, horse trailer or similar vehicular equipment.

Recycling center and salvage means any land or structure used for collection, sorting, aggregation and re-sale (or transfer) of recyclable materials or for the aggregate storage of inoperable equipment, machinery, scrap or other used or discarded materials. This use includes facilities where the materials are actually recycled into raw materials, but does not include recycling center, composting facility, collection, dismantlement, storage and salvage of inoperable vehicles and boats, and scrap metal processing. Recycle center and salvage does not include waste transfer stations (even if they include a separate space for collection of recyclable materials).

Recycling drop-off means a facility at which recoverable resources, such as newspapers, magazines, glass, metal, plastic materials, tires, grass and leaves, and similar items, except hazardous waste and medical waste, are collected.

Rehabilitation clinic/facilities (Substance abuse treatment facility) means a structure and land used for the treatment of alcohol and other drug abuses as a walk-in clinic, or where care, meals and/or lodging are provided.

Retail means commercial and retail uses and ancillary outdoor storage uses subject to requirements of Section 17.52.150 of the CRMC, including but not limited to art galleries and studios, bakeries, pharmacies and dog grooming facilities (without an overnight boarding facility of animals).

Retaining wall means a man-made barrier constructed for the purpose of stabilizing soil, retarding erosion, or terracing a parcel or site.

Restaurant means an establishment that served prepared meals to customers for consumption on-site or off-site, and may include designated parking spaces for "curbside pickup" of food ordered in advance. This includes, but is not limited to:

a.

Full services restaurant;

b.

Food service and drinking place where meals, snacks, and beverages are prepared to customer order for immediate on-premises and off-premises consumption;

c.

Special food service; or

d.

Catering facility.

Room means an unsubdivided portion of the interior of a dwelling unit or building, excluding bathrooms, kitchens, closets, hallways and service porches.

Self storage means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such facility for the purpose of storing and removing personal property.

Services, commercial means non-medical service that is typically provided to the general public without the requirement of an appointment or membership, including but not limited to copy center and parcel service drop-off locations with mailbox services.

Services, personal means non-medical personal service including, but not limited to beauty and barber shop, nail and skin care, tanning and day salon, drycleaner and tailoring, tattoo and body piercing salon, massage, music instruction and tutoring service.

Services, repair means repair service and shop, except automobile, truck, large appliance, and heavy equipment repair, this use involved scheduled maintenance and preventative maintenance on any sort of mechanical, plumbing or electrical device.

Setback means the minimum required distance between a building or other structure and a property line. Retaining walls will not be considered a structure for the purposes of enforcing setback requirements.

Sexually oriented business means an adult arcade, adult bookstore, adult cabaret, adult novelty store, adult video store, nude model studio, adult motel, adult motion picture theater, or sexual encounter center subject to Chapter 17.56 of the CRMC.

Shooting range, indoor means specialized facilities designated for firearms practice.

Storage yard means outdoor storage of operable equipment and/or vehicles and building or infrastructure construction materials for off-site projects. Storage yard does not include outdoor storage areas that are associated with an on-site heavy industrial use.

Street means a public thoroughfare which affords the principal means of access to abutting property.

Structure means anything constructed or erected which requires a location on the ground or is attached to something having a location on the ground, but not including fences (or walls used as fences) less than 6-feet in height, poles, lines, cables or other transmission or distribution facilities of public utilities. All signs shall be considered structures. Retaining walls less than forty-eight inches in height will not be considered a structure for the purposes of enforcing setback requirements.

Studio Classes means a retail space where training is provided for activities, including, but not limited to taekwondo, yoga, ballet, dance, karate, or gymnastics.

Towing and inoperable vehicle storage means an area used to store junked, abandoned or inoperable vehicles.

Urgent care means a walk-in clinic focusing on the delivery of care in a medical facility and outside of a traditional emergency room.

Use means the purpose for which land or a building is designed, arranged or intended, or for which it either is or may be occupied or maintained.

Utilities, public means buildings, structures or other facilities used or intended to be used by any private or governmental utility. Utilities, public includes buildings or structures that house or contain facilities for the operation of water, wastewater, waste disposal, natural gas, or electrical services. This use also includes water storage tanks, electric or gas substations, water or wastewater pumping stations or similar structures used as an intermediary switching, boosting, distribution or transfer station of electricity, natural gas, water or wastewater. Utilities, public also includes passageways, including easements, for the express purpose of transmitting or transporting electricity, gas, water sewage or other similar services on a local level.

Vehicle, RV and boat storage means the storage of operable vehicles.

Veterinary clinic means a clinic and/or hospital that provides medical care for small animals, including but not limited to dogs, cats, rabbits, domestic fowl, birds, snakes and rodents. This use does not include kennel/doggy day care or care for agricultural animals.

Wall means a constructed solid barrier of concrete, stone, brick, tile, wood or similar type of materials that closes, marks, or borders a field, yard, or lot, and that limits the visibility and restricts the flow of air and light.

Warehousing and distribution means indoor warehousing, distribution or logistics facilities, retail distribution centers, order fulfillment centers, and moving and storage services (including full-service moving and storage and indoor storage of shipping containers).

Wind generator means any mechanism including blades, rotors and other moving surfaces designed for the purpose of converting wind into mechanical or electrical power.

Yard means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Title.

a.

Front yard means a yard extending across the full width of the lot between the front lot line and the nearest line or point of the building.

b.

Rear yard means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building.

c.

Side yard means a yard extending across the full width of the lot between the side lot line and the nearest line or point of the building.

(Ord. No. 2023-007, §§ 4, 5, 4-4-2023; Ord. No. 2019-028, § 2, 9-17-2019)