The ordinance codified in this chapter shall be known and may be cited and referred to as the "Collbran Land Use Regulations" and herein may be referred to as "these regulations" or "this Code" or "CTC Chapter 18."

(Code 1994, § 15.01.010; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

The regulations in this chapter shall be held to be the minimum requirements enacted to promote the health, safety and general welfare of the Town. To these ends such regulations have been prepared in accordance with the general plan of the Town, and are designed to lessen congestion in the streets, to secure safety from fire, panic, floodwaters and other dangers; to provide adequate open spaces for light and air; to prevent the overcrowding of land and undue concentration of population; to facilitate the adequate provision of transportation, water, wastewater, schools, parks and other public requirements; to designate, regulate and restrict the location and use of buildings, signs, fences, structures and land for residence, commerce, trade, industry and other purposes; to regulate and limit the height, number of stories, and size of buildings, signs, fences, and other structures hereafter erected or altered; to establish standards for off-street parking; to divide the Town into zones of such number, shape, and area as may be deemed best suited to carry out these regulations; and to provide for the administration, enforcement, amendment and review of these regulations. This chapter is drawn with reasonable consideration, among other things, of the character of the Town, neighborhoods and other areas of the Town regarding the suitability for particular uses, to conserve the value of buildings and encourage the most appropriate uses of land throughout the Town, and to otherwise provide for the growth of an orderly and viable community.

(Code 1994, § 15.01.020; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

This chapter is authorized by C.R.S. Title 31, Art. 3 (C.R.S. § 31-23-101 et seq.) and C.R.S. Title 29, Art. 20 (C.R.S. § 29-20-101 et seq.).

(Code 1994, § 15.01.030; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

These regulations shall apply to all land and all land uses within the municipal boundaries of the Town.

(Code 1994, § 15.01.040; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

This chapter is divided into separate articles to address different aspects of these regulations. The headings and section titles in these regulations are for convenience only and are not intended to be used to interpret or give effect to any of the provisions of these regulations.

(Code 1994, § 15.01.050; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

For all actions of the Town described in this chapter requiring public hearings, the applicant shall provide public notice and shall demonstrate that such public notice conforms to the following requirements:

(a)

Notice shall be sent by certified mail, return receipt requested, to all property owners within 200 feet of the property in question at least 15 days in advance of the hearing.

(b)

Notice of the hearing shall be published in a newspaper of general circulation within the Town at least 15 days in advance of the hearing.

(c)

Pursuant to C.R.S § 24-65.5-103, not less than 30 days before the date scheduled for the first public hearing for a development application (subdivision or special use applications), the applicant shall provide notice to the owners of the mineral estate. Such notice shall be by certified mail, return receipt requested.

(d)

Notice shall be posted on the subject property at least 15 days in advance of the hearing.

(e)

All notices shall include:

(1)

A statement of the nature of the matter being considered;

(2)

The time, date and place of the public hearing;

(3)

The agency or office and telephone number where further information may be obtained; and

(4)

A legal description of the subject property.

(Code 1994, § 15.01.060; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

Purpose. The purpose of this section is to provide the procedures necessary to implement the provisions of C.R.S. Title 24, Art. 68 (C.R.S. § 24-68-101 et seq.), which article establishes a vested property right to undertake and complete development and use of real property under the terms and conditions of a site-specific development plan.

(b)

Definitions. Unless modified in this subsection, the terms used in this section shall have the same meaning as set forth in C.R.S. § 24-68-102. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Site-specific development plan means a plan that has been submitted to the Town by a landowner or such landowner's representative describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property, which plan shall create a vested property right. The following shall be considered site-specific development plans:

(1)

If not indicated above, a site-specific development plan shall mean the final approval step, irrespective of the name or designation of such approval, which occurs prior to building permit application. Provided, however, the Town Board may by agreement with the applicant designate an approval step other than those indicated above, or the final approval step, to serve as the site-specific development plan approval for a specific project.

(2)

The following are specifically excluded from, and shall not constitute, a site-specific development plan:

a.

Variances issued by the Board of Adjustment.

b.

Sketch plans.

c.

Preliminary plans.

d.

Business licenses.

e.

Floodway or flood plain permits.

f.

Franchises, temporary use permits.

g.

Any Comprehensive Master Plan element, creation of improvement districts.

h.

Zoning or rezoning.

i.

Final architectural plans.

j.

Final construction drawings and related documents specifying materials and methods for construction of improvements.

Vested property right means the right to undertake and complete development and use of property under the terms and conditions of a site-specific development plan.

(c)

Applications; approval by the Town.

(1)

Except as otherwise provided in this subsection, an application for approval of a site-specific development plan as well as the approval, conditional approval, or denial of approval of a plan shall be governed only by the duly adopted laws and regulations in effect at the time the application is submitted to the Town. For purposes of this subsection, the term "laws and regulations" includes any zoning or development law of general applicability adopted by the Town as well as any zoning or development regulations that have previously been adopted for the particular parcel described in the plan and that remain in effect at the time of application for approval of the plan. In the event the application for a site-specific development plan requires review and approval in multiple stages, the term "application" means the original application submitted at the first stage in any process that may culminate in the ultimate approval of a site-specific development plan.

(2)

Notwithstanding the limitations contained in Subsection (c)(1) of this section, the Town may adopt a new or amended law or regulation when necessary for the immediate preservation of public health and safety and may enforce such law or regulation in relation to applications for site-specific development plans pending at the time such law or regulation is adopted.

(d)

Alternative creation of vested property rights. If any applicant desires an approval step, other than as defined in Subsection (b)(1) of this section, to constitute an approval of a site-specific development plan with the effect of creating vested property rights pursuant to this section and C.R.S. Title 24, Art. 68 (C.R.S. 24-68-101 et seq.), the applicant must so request at least 30 days prior to the date of said approval by the Town Board of Trustees is to be considered. Failure to do so renders the approval by the Town Board to not constitute an approval of a site-specific development plan, and no vested property right shall be deemed to have been created by such approval, except in the case of an approval as set forth in Subsection (b)(1) of this section.

(e)

Establishment of vested property rights; public notice required. A vested property right shall be deemed established with respect to any property upon the approval, or conditional approval, of a site-specific development plan, following notice and public hearing, by the Town. A vested property right shall attach to and run with the applicable property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site-specific development plan, as approved, including any amendments thereto. A site-specific development plan shall be deemed approved upon the effective date of the Town's legal action, resolution or ordinance relating thereto. Such approval shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication, in a newspaper of general circulation within the Town, of a notice advising the general public of the site-specific development plan approval and creation of a vested property right pursuant to this section and C.R.S. Title 24, Art. 68 (C.R.S. 24-68-101 et seq.). Such publication shall occur no later than 14 days following approval.

(f)

Approval of site-specific development plan; conditions.

(1)

The Town may approve a site-specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare, and failure to abide by such terms and conditions may, at the option of the Town Board, after public hearing, result in the forfeiture of vested property rights. This subsection shall be strictly construed.

(2)

Terms and conditions imposed or agreed upon may include, without limitation:

a.

Future approvals by the Town not inconsistent with the original approval;

b.

Approvals by other agencies or other governments;

c.

Satisfactory inspections;

d.

Completion of all or certain phases of a project by certain dates;

e.

Waivers of certain rights;

f.

Completion and satisfactory review of studies and reports;

g.

Payment of fees to the Town or other governmental or quasi-governmental agencies as they become due and payable;

h.

Payment of costs and expenses incurred by the Town relating to the approval;

i.

Continuing review and supervision of the plan and its implementation and development;

j.

Obtaining and paying for building permits, water taps and wastewater taps;

k.

Compliance with other codes and laws, including building codes, of general applicability;

l.

Construction of improvements or facilities for the use of future inhabitants or the public at large;

m.

Payment of any applicable impact fees; and

n.

Dedication of public or park land, common area or open space, with provision for its maintenance; or payment of a fee in lieu thereof.

(g)

Duration and termination of vested property rights.

(1)

A property right, which has been vested pursuant to this section and C.R.S. Title 24, Art. 68 (C.R.S. 24-68-101 et seq.), shall remain vested for a period of three years. This vesting period shall not be extended by any amendments to a site-specific development plan unless expressly authorized by the Town.

(2)

Notwithstanding the provisions of Subsection (g)(1) of this section, the Town is authorized to enter into development agreements with landowners providing that property rights shall be vested for a period exceeding three years where warranted in the light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles, and market conditions. Such development agreements shall be adopted as legislative acts subject to referendum.

(3)

Following approval or conditional approval of a site-specific development plan, nothing contained in this section or C.R.S. Title 24, Art. 68 (C.R.S. § 24-68-101 et seq.) shall exempt such a plan from subsequent reviews and approvals by the Town to ensure compliance with the terms and conditions of the original approval, if such further reviews and approvals are not inconsistent with said original approval.

(h)

Waiver of vested property rights. An applicant may waive a vested property right by separate agreement, which shall be recorded in the office of the County Clerk and Recorder. Unless otherwise agreed to by the Town, any landowner requesting annexation to the Town shall waive in writing any preexisting vested property rights as a condition of such annexation.

(i)

Subsequent regulation prohibited; exceptions.

(1)

A vested property right, once established as provided in this section and C.R.S. Title 24, Art. 68 (C.R.S. 24-68-101 et seq.), precludes any zoning or land use action by the Town or pursuant to an initiated measure which would alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development or use of the property as set forth in an approved site-specific development plan, except:

a.

With the consent of the affected landowner;

b.

Upon the discovery of natural or manmade hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of site-specific development plan approval, and which hazards, if uncorrected, would pose a serious threat to the public health, safety, and welfare; or

c.

To the extent that the affected landowner receives just compensation for all costs, expenses and liabilities incurred by the landowner after approval by the Town, including, but not limited to, costs incurred in preparing the site for development consistent with the site-specific development plan, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultants' fees, together with interest thereon at the legal rate until paid. Just compensation shall not include any diminution in the value of the property, which is caused by such action.

(2)

Establishment of a vested property right pursuant to law shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the Town, including, but not limited to, building, fire, plumbing, electrical, housing, mechanical, and dangerous building codes.

(j)

Payment of costs. In addition to any and all other fees and charges imposed by this chapter, the applicant for approval of a site-specific development plan shall pay all costs incurred by the Town as a result of the site-specific development plan review, including publication of notices, public hearing and review costs, when such costs are incurred apart and in addition to costs otherwise incurred by the Town or applicant for a public hearing relative to the subject property.

(k)

Other provisions unaffected. Approval of a site-specific development plan shall not constitute an exemption from or waiver of any other provisions of this chapter pertaining to the development and use of property.

(l)

Limitations. Nothing in this section is intended to create any vested property right, but only to implement C.R.S. Title 24, Art. 68 (C.R.S. § 24-68-101 et seq.). In the event of the repeal of said Article 68 or judicial determination that said Article 68 is invalid or unconstitutional, this section shall be deemed to be repealed and the provisions hereof no longer effective.

(Code 1994, § 15.01.070; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

Each application shall be submitted with the fees set forth by resolution adopted by the Town Board of Trustees. The fees established by resolution shall be considered a minimum for each type of application. To the extent these application fees do not provide sufficient funds to pay for outside professional services for the review of the application, the applicant will be charged the actual review costs, including, but not limited to, the costs of outside Town consultants and Town legal fees. All fees shall be due and payable upon submission, and all additional fees will be due and payable at such time as a statement is presented to the applicant.

(b)

As provided elsewhere in this Code, all costs of providing notice, including publication, mailing, and posting, shall be borne by the applicant.

(c)

Recording and filing fees imposed by the County Clerk and Recorder, and others, as a result of the application, shall be advanced by the applicant prior to the documents being tendered for recording.

(d)

Schedule of fees. Land use application fees shall be established and revised from time to time by resolution of the Town Board of Trustees. The fee schedule shall be posted in Town Hall in a visible location and available upon request from the Town Clerk.

(Code 1994, § 15.01.080; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

If any section, subsection, paragraph, clause, phrase or provision of these regulations shall be adjudged invalid or held to be unconstitutional by a court of competent jurisdiction, the validity of these regulations shall not be affected in whole or in part, other than the provision adjudged to be invalid or unconstitutional.

(Code 1994, § 15.01.090; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

Amendments to these regulations may be proposed by any person who is an owner of real property in the Town or by the Board of Trustees of the Town. Amendments to these regulations shall be known as text amendments and will be reviewed by the Town Board of Trustees as prescribed in CTC Article 18.24.

(a)

Zone district amendments. The Town may, from time to time, amend the number, shape or boundaries of any zone district or any regulation of or within such district, or any other provisions of this chapter.

(b)

Procedure. Amendments to this chapter shall be considered by the Town Board of Trustees pursuant to the requirements of CTC Article 18.24.

(c)

Protest; Board of Trustees decision. In case, however, of a protest against changes in regulations or restrictions, or changes in the zone district applicable to particular land, which protest is filed with the Town Clerk at least 24 hours prior to the Board of Trustee's vote on the change and is signed by the owners of 20 percent or more of the area of land which is subject to the proposed change or 20 percent or more of the area of land extending a radius of one hundred feet from the land which is subject to the proposed change, disregarding intervening public streets and alleys, such changes shall not become effective except by the favorable vote of two-thirds of all the members of the Board of Trustees.

(Code 1994, § 15.01.100; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

Land dedication; general requirements. For every annexation, subdivision or residential or commercial development, the Board of Trustees shall require the dedication of certain sites for parks and recreation use or fee in lieu of dedication, and may require reservation of sites for school and other public purposes. Land dedicated may include the 100-year floodplain, national and State historical or natural features, and proposed public areas set aside in State, regional, County or Town comprehensive plans. Land dedicated shall not include sites for technical, private or public schools, or public agencies, sites for service organizations which are not open to the general public, and sites unsuitable for public use due to steep slopes, rock formations, adverse topography, utility easements, or other features which may be harmful to the health and safety of the citizens.

(b)

Non-applicable when dedication arrangements made and approved by Board. These requirements shall not apply in cases where satisfactory dedication arrangements were made and approved by the Board of Trustees at the time of annexation or previous subdivision of the same property.

(c)

Method and amount of land dedicated.

(1)

The subdivider shall convey to the Town by means of a final plat dedication, or shall deed land to be used for public recreation at locations designated by the Town in the following manner.

a.

The subdivider shall dedicate to the Town land in the ratio of seven acres for every 1,000 residents of the proposed subdivision or development.

b.

For the purpose of the foregoing requirement, the number of residents attributable to each subdivision shall be:

1.

Single-family dwellings, 3.5 residents per unit;

2.

Two-family dwellings, 3.0 residents per unit;

3.

Multifamily dwellings, 2.5 residents per unit.

(2)

In the case of commercial or industrial development, the subdivider or developer shall dedicate and convey to the Town by means of final plat dedication or deed, eight percent of the total gross lot area to be used as public recreation at locations designated by the Town.

(3)

A minimum of 80 percent of land dedicated shall lend itself to utilization for public recreation purposes, which includes, but is not limited to, the following: play fields, tennis courts, picnic sites and boating areas.

(d)

Reservation of land for schools and other public agencies.

(1)

If requested by a public agency, the Board of Trustees may require a subdivider or developer to reserve land areas sufficient for development of school or other public agency facilities. A public agency includes the State, or any political subdivision thereof.

(2)

Land reserved shall, by the nature of its natural topography, soil condition and connecting utilities, lend itself to development of the desired facility.

(3)

Land reserved shall be purchased by the public agency at its fair market value as determined below, according to the following schedule:

a.

Within 90 days following approval of the final plat, the requesting agency and the subdivider or developer shall enter into an option agreement for a period of no greater than one year, with a renewal provision for one additional year.

b.

When the option is signed, the public agency shall deposit with an escrow agent an amount, which shall be determined by the public agency and the developer to equal the actual costs and expenses, plus ten percent, of the costs of replatting the subdivision if the option is not exercised. In the event the public agency and developer cannot agree upon the estimated expenses, then the Town Board of Trustees shall make the determination. In the event the option is extended for an additional year, the public agency shall deposit an additional ten percent of the estimated costs and expenses with the escrow agent.

c.

For the purpose of this section, the fair market value of the land reserved shall be the value of the raw, undeveloped land, plus a proportionate share, as they benefit the reserved land, of the actual cost of the improvements required by the subdivider or developer.

d.

In the event the public agency and the subdivider or developer cannot agree as to the fair market value, the parties shall submit the matter to binding arbitration, under such rules and regulations as the Board of Trustees may, by resolution, prescribe.

(e)

Credit for private recreation facilities. The Town may give the subdivider or developer credit for private recreation facilities in the development, provided that:

(1)

The Board of Trustees determines that the private recreation facilities offered will absorb a major portion of the recreational demands of the residents or employees of the proposed development;

(2)

The private recreation facilities will be constructed at the same time as or prior to the housing, industrial or commercial facilities in the development;

(3)

There are sufficient safeguards in the subdivision improvements agreement to ensure that the private recreation facilities are completed at the same time as or before the remainder of the development.

(f)

Cash payment in lieu of dedication.

(1)

At the option of the Board of Trustees, the subdivider or developer may be required, on or before final passage of the ordinance approving the subdivision, to pay to the Town payment in cash or to transfer other property in lieu of land dedication. The amount of cash payment shall be as determined by this section for the land fee. If the Board determines to accept other property instead of, or as a partial payment toward the cash payment required hereunder, the Board shall determine the value of the other property.

(2)

Payment in lieu of land dedication shall be made prior to final approval of the ordinance approving the subdivision, and such payment shall be placed in a recreation fund to be established and maintained by the Town for the acquisition of land and for the improvement of parks, playgrounds and recreation areas in the Town, and may benefit the residents of the Town in general, as well as those of the proposed subdivision.

(3)

The fee, which may be accepted in lieu of land dedication, shall be established each year as of January 1 by the Board of Trustees. In the event that the Board of Trustees does not act to establish a fee in lieu of land dedication by January 1 of the year, said fee shall be as set for the preceding year plus an escalator of five percent. Fees shall be based on the average cost of vacant undeveloped residential land within the corporate limits of the Town.

(4)

In extraordinary circumstances, the Board of Trustees may authorize the deferral of the payment of cash in lieu of dedication as required by this section. In such event, the owner of the property shall agree with the Town, in such form as shall be acceptable to the Town Attorney, to pay such sums at the time of the issuance of any building permit or permits upon the property. Notice shall be given of such deferred payment by the recording of a mortgage or other security instrument with the Clerk and Recorder of The County. In no event, however, shall the deferral of any land dedication fee required by this section extend for a period of greater than five years from the date it would otherwise be payable. The developer shall agree to pay the higher of either the land dedication fee calculated in accordance with this section at the time originally owed, or at the time actually paid.

(Code 1994, § 15.01.110; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

In their application and interpretation, the provisions of this chapter shall be held to be minimum requirements. This chapter is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of private agreements. Where this chapter imposes a greater restriction than that imposed by such existing provisions of law, contract, or deed, the provisions of this chapter shall control.

(Code 1994, § 15.01.120; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

Required. No vacant land shall be occupied and used, and no building hereafter erected shall be occupied or used, until a certificate of occupancy has been issued by the Building Inspector.

(b)

Issuance—for building use. Certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit, and shall be issued within ten days after the erection or alteration of such building shall have been completed in conformity with the provisions of these regulations and the building code adopted by the Town.

(c)

Issuance—for land use. Certificate of occupancy for the use of vacant land or the change in the use of land, as herein provided, shall be applied for before such land is occupied or used, and a certificate of occupancy shall be issued within ten days after the application has been made, provided such use is in conformity with these requirements.

(d)

Record; filing required; fee. Certificate of occupancy shall state that the building or land complies with all the building and health laws and ordinances and with the provisions of this chapter. A record of all certificates shall be kept on file in the office of the Town Clerk and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building affected. No fee shall be charged for an original certificate applied for coincident with the application of building permit. For all certificates or copies of the original certificate, there shall be a fee as set by Town Board of Trustees.

(Code 1994, § 15.01.130; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

Required. No site preparation or building construction for any building shall be commenced without first obtaining a building setback and zoning clearance and a building permit. The Town issues the appropriate building setback and zoning clearance prior to issuance of a building permit. The County provides building inspection services for the Town. Building permit applications and the appropriate Town building setback and zoning clearance are submitted to the County for processing and scheduling of inspections.

(b)

Site plan required. All applications for building setback and zoning clearance and a building permit shall be accompanied by two copies of a site plan drawn to scale showing the actual dimensions of the lot to be built upon, the size of the building to be erected, and the location of the building on the lot with reference to the legally established property lines and such information as may be necessary to provide for the enforcement of these regulations. For buildings within the R-2 District except single-family dwelling units, and all the commercial and industrial districts, a site plan must be prepared and approved in accordance with the provisions of CTC Article 18.28 before building permits shall be issued. A record of such applications shall be kept in the office of the Building Inspector. Notice of approval of a building permit shall be posted on the subject property within 24 hours of such approval.

(c)

Review; public improvements. All applications for building setback and zoning clearance and building permits shall be reviewed by the Town Board of Trustees to determine whether or not the proposed construction will require the installation or construction of public improvements, such as street paving, curbs, gutters, sidewalks, drainage facilities or other public improvements. In the event the applicant does not agree to the public improvements required by the applicant may appeal the decision to the Town Board of Trustees. The appeal must be submitted to the Town Clerk within 15 days of the decision. Within 30 days of receipt of the appeal, the Board of Trustees shall review the public improvements requirement and determine the public improvements that must be completed as conditions of approval of a zoning clearance as part of the issuance of the building permit.

(d)

If the Town determines that the proposed construction makes necessary any such public improvements, the Town Clerk shall so inform the Building Inspector, and in such event, a condition shall be inserted in the building permit which shall require the construction of such public improvement or public improvements by the permittee, and the dedication thereof to the Town. The cost of such improvement shall be borne by the permittee, and the construction thereof shall be at the sole cost, risk and expense of the permittee, subject to the provisions of any applicable Town ordinance, regulation or policy. All such improvements are to be constructed in full compliance with the Town engineering regulations, design standards and construction specifications as may be adopted by resolution from time to time.

(e)

Drainage and grading plan required. Except for building permits for the construction or alteration of a single-family dwelling, all applications for a building permit shall be accompanied by two copies of a drainage and grading plan drawn to scale showing the actual dimensions and topography of the lot to be built upon as well as adjacent properties and other potentially affected properties, the size of the building to be erected, and the location of the building on the lot with reference to the existing and proposed surface topography of the site and other potentially affected properties and other such information as may be specified by the Town Engineer. The Town Engineer may, on a case by case basis, waive the requirement for submittal of a drainage and grading plan if, in the Town Engineer's opinion, the construction allowed by the building permit will not significantly alter the drainage in a manner that will affect adjacent properties, public infrastructure, or the proposed building.

(Code 1994, § 15.01.140; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

Designated. It is unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any provision of this chapter or any amendment thereof. Any person, firm or corporation, either as owner, lessee, occupant or otherwise, who violates any of the provisions of this chapter or any amendment thereof or who interferes in any manner with any person in the performance of a right or duty granted or imposed upon such person by the provisions of this chapter shall be guilty of a violation of this chapter.

(b)

Penalty. Any person, firm or corporation upon conviction of a violation of this chapter shall be guilty of a Class B municipal offense.

(c)

Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or other regulation made under authority conferred hereby, the Town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent any illegal act, conduct, business or use in or about such premises.

(Code 1994, § 15.01.150; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

Subdivision improvements agreement. The Board of Trustees shall not approve a subdivision final plat application until a subdivision improvements agreement and related documents, setting forth financial arrangements to secure the actual construction of subdivision improvements required by the Board of Trustees, has been executed between the applicant or developer and the Town. The subdivision improvements agreement shall include a guarantee to construct all required development improvements together with collateral, which shall be sufficient to make provision for the completion of the improvements in accordance with the subdivision engineering design and the development schedule.

(b)

Development improvements agreement. The Board of Trustees, on a case-by-case basis, may require that an applicant for a special use or for a building permit enter into a development improvements agreement which shall include a guarantee to construct all required development improvements together with collateral which shall be sufficient to make provision for the completion of the improvements in accordance with the engineering design and the development schedule.

(1)

Construction of improvements. The applicant or developer, at its sole expense, shall design, purchase, and install all elements of all public and other necessary subdivision or development improvements whether such improvements are located within the subdivision or development property (on-site) or outside of the subdivision (off-site). The public and other necessary subdivision or development improvements shall be designed and built in conformance with the Town public works manual in effect as of the date of the subdivision improvements agreement or development improvements agreement, unless otherwise provided in the approved plans and specifications. All such public or other subdivision or development improvements shall be designed and approved by a registered professional engineer retained by the developer or applicant. All drawings and plans for such improvements shall be stamped by the engineer. Prior to the commencement of construction of subdivision or development improvements, the Town Engineer shall review and approve the drawings and plans.

(2)

Schedule of improvements to be constructed by developer or applicant. The subdivision improvements agreement or the development improvements agreement shall include a schedule of improvements showing in detail the public and other required subdivision or development improvements, including shallow utilities, landscaping, revegetation and other subdivision or development improvements that the developer or applicant shall be responsible for constructing, and the costs therefor. No work shall be commenced on such improvements by the developer or applicant until such time as the schedule of improvements has been approved by the Town and the performance guarantee provided pursuant to appropriate sections of the subdivision improvements agreement or development improvements agreement. The schedule of improvements shall at a minimum include the following improvements and associated construction costs necessary to provide the improvements for the development of the subdivision, establishment of a special use when a development improvements agreement is required by the Board of Trustees, or construction of a structure subject to a building permit when a development improvements agreement is required by the Board of Trustees. All improvements shall be constructed in accordance with the applicable provisions of the Town public works manual.

a.

Water distribution system. Water distribution facilities including water mains, lateral service lines to the lot lines, valves, fire hydrants, and all other appurtenant facilities necessary to provide treated municipal water service.

b.

Wastewater collection system. Wastewater collection system to fully service the subdivision, including collection lines, service lines to the lot lines, manholes, and all other appurtenant facilities necessary to provide municipal wastewater service.

c.

Street improvements. Street improvements necessary to fully service the subdivision, including grading, road base and sub-base, asphalt, curbs and gutters, handicap ramps, drainage facilities, and all other appurtenant facilities necessary to provide street access.

d.

Storm drainage facilities and appurtenances.

e.

Utilities, including, telephone, cable television, electrical service, natural gas service.

f.

Street lighting.

g.

Soil stabilization and revegetation measures.

h.

Visual screening facilities.

i.

Non-potable water irrigation system.

j.

Landscaping.

k.

Any other subdivision or development improvements required by the Board of Trustees as a condition of approval of the subdivision, special use or building permit.

l.

The subdivision improvements agreement or the development improvements agreement shall also describe terms and stipulations relative to the transfer of water rights from the subdivider to the Town pursuant to this Code.

(c)

(1)

Construction schedule. The subdivision improvements agreement or development improvements agreement shall include a time schedule for the construction and completion of the public and other required subdivision improvements or development improvements. Said schedule shall provide for a commencement date as well as a date when such improvements will be substantially completed. Under such schedule, all public and other required subdivision or development improvements shall be completed no later than one year following the start of development. Said schedule shall be reviewed and approved by the Board of Trustees prior to the commencement of construction of any such improvements.

(2)

Where the developer or applicant is prevented from commencing or completing any of the public and other required improvements within the time periods set forth in the construction schedule or otherwise set forth in the subdivision improvements agreement or development improvements agreement due to an unforeseeable cause or delay beyond the control and without the fault or negligence of the developer or applicant the times for commencement and/or completion of such improvements may be extended by the Board of Trustees in an amount equal to the time lost due to such delay if a request is made in writing to the Town by the developer or applicant. Delays beyond the control of the developer or applicant shall include, but not be limited to, acts of neglect by the Town, fires, floods, epidemics, abnormal weather conditions, strikes, freight embargos or acts of God. Time extensions, however, will not be granted for rain, snow, wind or other natural phenomena at normal intensity within the County. Delays attributable to and within the control of the developer's or applicant's contractors, subcontractors or suppliers shall be deemed to be delays within the control of the developer or applicant.

(d)

Warranty. The applicant or developer shall warrant any and all public improvements constructed by the applicant or developer which are conveyed or dedicated to the Town pursuant to the subdivision improvements agreement or development improvements agreement for a period of two years from the date the Town's Engineer certifies that the same conform to the approved specifications. Specifically, but not by way of limitation, the applicant or developer shall warrant the following:

(1)

That the title conveyed shall be good and its transfer rightful;

(2)

Any and all facilities conveyed shall be free from any security interest or other lien or encumbrance; and

(3)

Any and all facilities so conveyed shall be free of any and all defects in materials or workmanship.

(e)

Town inspections. The Town shall have the right to make engineering inspections and require testing during construction of the public and other required improvements in such reasonable intervals as the Town Engineer may request. Inspection, acquiescence and approval of any engineering inspector of the construction of physical facilities, at any particular time, shall not constitute the approval by the Town of any phase of the construction of such public and other improvements. Such approvals shall be made by the Town only after completion of construction and in the manner hereinafter set forth.

(f)

Approval by Town Engineer. Upon completion of construction by the applicant or developer of such public and other improvements, the Town Engineer shall inspect the improvements and certify with specificity its conformity or lack thereof to the approved plans and specifications. The applicant or developer shall make all corrections necessary to bring the system or improvements into conformity with applicable Town standards and the construction plans, as approved. The Town shall be under no obligation to provide any water service, irrigation service, or wastewater collection service until all such facilities are brought into conformance with the applicable plans and specifications and approved by the Town Engineer.

(g)

Provision of as-built drawings. The applicant or developer shall provide all necessary engineering designs, surveys, field surveys, and as-built drawings for all public improvements and utility improvements, which shall be approved by the Town Engineer, and any incidental services related to the construction of the improvements, at its sole cost and expense. The legal description of all utility service lines shall be prepared by a registered land surveyor at the applicant's or developer's sole expense. In addition, all expenses incurred by the Town in updating the Town's base maps shall be paid by the applicant or developer, to the Town.

(h)

Conveyance of public improvements. All public improvements constructed by the applicant or developer in accordance with the subdivision improvements agreement or development improvements agreement, including water mains, service lines, laterals, fire hydrants and other water distribution facilities; all irrigation lines and facilities; all wastewater collection mains, lines, laterals and related improvements; handicap ramp improvements; and required curbs, sidewalks and street improvements shall be dedicated to the Town and warranted for a period of two years following completion and approval, as provided in Subsection (d) of this section. Upon completion of construction in conformity with the plans, and any properly approved changes, the applicant or developer shall convey to the Town, by bill of sale, all physical facilities constructed by the applicant or developer necessary for the extension, maintenance and repair of municipal utility services and other public facilities. Acceptance of said conveyance shall be authorized by the Board of Trustees. Following such dedication or conveyance, the Town shall be solely responsible for the maintenance of such improvements, unless otherwise provided for by agreement, except for any correction work required during the warranty period. In addition, all other improvements such as shallow utility installations and other improvements as shown in approved construction drawings submitted to the Town shall be warranted for a period of two years following completion and approval, as provided in Subsection (d) of this section.

(i)

Improvements required prior to issuance of building permits and certificates of occupancy.

(1)

Unless otherwise set forth in the subdivision improvements agreement, no building permit for construction of any residential structure or building within a subdivision shall be issued until the following improvements have been installed and approved by the Town Engineer. When the Board of Trustees requires that a development improvements agreement be executed as a condition of approval of a special use or a building permit no building permit for construction of any residential structure or building shall be issued until the following improvements have been installed and approved by the Town Engineer.

a.

Survey monuments.

b.

Wastewater lines and laterals to each lot.

c.

Water mains and laterals to each lot.

d.

Irrigation lines and laterals to each lot.

e.

Fire hydrants (if required).

f.

Storm drainage structures (if any).

g.

Utilities, including telephone, cable television, electrical service and gas lines.

h.

Grading and base construction of streets and alleys.

i.

Soil stabilizing structures.

(2)

No certificate of occupancy for any residential building or other structure within a subdivision or property subject to a subdivision improvements agreement or development improvements agreement shall be issued until the following improvements have been installed by the applicant or developer and approved by the Town Engineer.

a.

Street paving and curbs and gutters.

b.

Sidewalks and bikeways.

c.

Street signs.

d.

Street lighting.

e.

Landscaping.

f.

Land dedication deeds.

g.

Soil stabilization and revegetation measures.

h.

Any other improvements required by the subdivision improvements agreement or development improvements agreement.

(j)

Revegetation required. All areas disturbed by construction shall be promptly revegetated with native vegetation following completion of such work unless a building permit application has been requested for a particular lot. The applicant or developer shall comply with all regulations of the Town concerning dust suppression. In addition, the applicant or developer shall control all noxious weeds and rodents within such areas to the reasonable satisfaction of the Town until conveyed to individual lot owners.

(k)

Performance guarantee security required. In order to secure the construction and installation of the public and other required improvements itemized in the schedule of improvements, for which the applicant or developer is responsible, the applicant or developer shall furnish the Town with a cash, letter of credit, cash bond, performance bond, or other security acceptable to the Town Attorney and the Board of Trustees to secure the performance and completion of such public and other required improvements included in a subdivision improvements agreement or development improvements agreement, in an amount equal to 120 percent of the estimated cost of said improvements.

(l)

Partial release of performance guarantee security. Upon completion of portions of the improvements by the applicant or developer, evidenced by a detailed cost breakdown of the completed improvements, the amount of any performance guarantee security issued pursuant to the subdivision improvements agreement or development improvements agreement may be reduced by 75 percent of the approved estimated cost for the installation of such improvements, upon written request of the applicant or developer, and approval by the Board of Trustees. Upon completion of all of the public and other required improvements by the applicant or developer, and upon final inspection and approval by the Town Engineer of all such improvements, the Board of Trustees shall further authorize the reduction of the amount of the security guaranteeing the public and other required improvements to ten percent of the approved total estimated cost of such improvements.

(m)

Full release of performance guarantee security. Any performance guarantee issued pursuant to a subdivision improvements agreement or development improvements agreement shall be fully released and discharged upon expiration of the two-year warranty period, and the correction of any defects discovered during such warranty period.

(n)

Notice of default. Upon the applicant's or developer's failure to perform its obligations under the terms of a subdivision improvements agreement or development improvements agreement within the time periods set forth in the subdivision improvements agreement or development improvements agreement, the Town's Mayor shall give written notice to the applicant or developer of the nature of the default and an opportunity to be heard before the Board of Trustees concerning such default. If such default has not been remedied within 30 days of receipt of the notice or of the date of any hearing before the Board of Trustees, whichever is later, (or such reasonable time period as is necessary to cure the default provided that the applicant or developer has commenced to cure the default), the Town's Mayor may then give written notice to the applicant or developer and to the issuer or holder of the performance guarantee security that the Town, as agent for the applicant or developer, is proceeding with the task of installing the public and other required improvements in whole or in part and that the said security will be expended by the Town for the installation of public or other improvements required by the development improvements agreement or subdivision improvements agreement.

(o)

Power of attorney granted. The applicant or developer, as a condition of a development improvements agreement or subdivision improvements agreement, shall designate and irrevocably appoint the Mayor of the Town as its attorney-in-fact and agent for the purpose of completing all public and other necessary improvements required by the subdivision improvements agreement or development improvements agreement in the event of a default by the applicant or developer. The power of attorney may be enforced by the Town pursuant to all legal, and equitable remedies available, including an action for specific performance in a court of competent jurisdiction.

(p)

Increase in amount of performance guarantee security. If a substantial amount of time elapses between the time of posting of the performance guarantee security and actual construction of the improvements, the Town reserves the right to require a reasonable increase in the amount of the applicable security, if necessary, because of estimated increased costs of construction.

(q)

Cost estimate not binding. The purpose of the cost estimate described in Subsection (b) of this section is solely to determine the amount of security required and may be revised from time to time to reflect the actual costs. No representations are made as to the accuracy of these estimates, and the applicant or developer shall agree to pay the actual cost of all such public and other required improvements. Neither the estimated costs nor the amount of the security establishes the maximum amount of the applicant's or developer's liability.

(r)

Reimbursement of costs. Prior to the approval and acceptance of the construction and installation of the required public and other necessary improvements, the applicant or developer shall pay to the Town the actual cost of all inspections of such improvements made or conducted at the direction of the Board of Trustees, Town Engineer, or Town Public Works Director.

(Code 1994, § 15.01.160; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

For the purposes of this chapter, any words and phrases set forth in this section shall have the meanings respectively ascribed to them herein, and the term "building" shall include the term "structure" and the term "used" shall include the term "arranged," "designed," "constructed," "altered," "converted,"" rented," "leased" or "intended to be used."

(b)

In addition, the following words, terms and phrases, whenever appropriate with the context, shall have the meanings ascribed to them in this subsection:

Lot means and includes the word "plot" or "parcel" or "site."

Person means and includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.

Town Clerk means and includes the term "Building Official" and/or any positions, which may be appointed on a full- or part-time basis or retained on a consulting basis for the purpose of reviewing development applications.

Zoning map or Collbran Zoning Map means the Official Zoning Map of the Town.

(Code 1994, § 15.01.170; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alley means a public right-of-way providing only secondary access to the rear of a property and not intended for general public travel.

Animal hospital means a facility for treatment of diseased or injured animals under the direction of a veterinarian. Care provided includes medication, surgery, care of wounds, sores, diet, etc. Facilities are available for boarding of animal patients.

Animal sheltering means maintaining, raising, housing, stabling or corralling of ducks, geese, chickens, turkeys, birds or other similar fowl, cats, dogs, cattle or horses or rabbits or other four-legged animals.

Assembly (as in manufacturing) means the creation of a distinct product from the physical, as opposed to chemical, mating or joining of individual standard component parts.

Bed and breakfast accommodations means the rental of rooms within a dwelling for short-term accommodations not to exceed three days. Such use shall be clearly accessory to the residential use of the dwelling, occupy not more than 25 percent of the total floor area of the dwelling, and conform to the following additional conditions:

(a)

The use shall be carried on wholly within the principal building.

(b)

There shall be no exterior sign exceeding three square feet and no other exterior indication of the use or variation from the residential character of the principal building.

(c)

There shall be adequate off-street parking for the use.

(d)

Not more than one separate occupancy per dwelling per night shall be allowed.

(e)

As a customary part of the service offered to guests, breakfast may be served by the owner of the dwelling.

Boardinghouse or roominghouse. See Roominghouses and/or Boardinghouses.

Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels, or property of any kind. Buildings do not include industrial equipment or structures such as cooling towers or refinery equipment.

Building, accessory, means a detached subordinate building located on the same lot as the principal building, and the use of which is incidental to the principal building or use of the lot; such a building shall not be used for living or sleeping quarters.

Building height means the vertical distance above average existing grade measured to the highest point of the building. The height of a stepped or terraced building is the maximum height of any segment of the building. All building heights shall be measured as prescribed in the Building Code adopted by the Town.

Building inspector means an official or agency appointed by the Board to administer the Building Code. Such official may be contracted from outside the Town government.

Building, principal, means a building in which is conducted the principal use of the lot on which the building is located.

Commercial parking garage means a structure used for the parking of motor vehicles and open to the general public for a fee.

Commercial parking lot means an off-street, ground level area, surfaced and improved, for the temporary storage of motor vehicles and open to the general public for a fee.

Condominium means a residential building consisting of individual air-space units together with interests in common elements appurtenant to such units, which are or can be separately owned or purchased.

Day care center means any facility providing care for five or more children between the ages of zero to 18 years during daylight hours for compensation. The term "day care center" shall apply to all such activities whether profit or nonprofit in nature.

Distribution centers means facilities, including buildings and loading areas, utilized specifically for the temporary storage and handling of goods or packages for redistribution or delivery.

Dwelling means a building or portion thereof used for residential occupancy.

Dwelling, multiple-family, means a building containing three or more dwelling units.

Dwelling, single-family, means a building containing only one dwelling unit.

Dwelling, two-family, means a building containing two dwelling units.

Dwelling unit means one or more rooms in a dwelling occupied by one family living independently of any other family.

Fabrication means the creation of a product from a change in the physical shape of matter; the final step in utilization of a natural resource, such as wood and metal working operations.

Family means family means any individual, or two or more persons related by blood or marriage or between whom there is a legally recognized relationship, or a group of not more than six unrelated persons occupying the same dwelling unit.

Floor area means the total inhabitable horizontal floor area of all floors in a building exclusive of garage, storage and utility areas.

Floor area ratio means the relationship of floor area to total lot area expressed as an arithmetic ratio.

Frontage means the frontage of a parcel of land is considered that distance where a property line is common with a road right-of-way.

Front of house means the front of a house shall be the wall containing the principal entry to the house, which allows pedestrian entry directly to that part of the house commonly used by visitors to the house and is not a service or secondary entrance to the house.

Garage, private, means any building used for the storage of not more than four motor vehicles.

Garage, public, means any building used for the storage for rent or for a fee of more than three motor vehicles. This definition shall not apply to storage facilities associated with motor vehicles sales or service businesses.

Group homes means group homes for the developmentally disabled means a state-licensed home for eight or fewer persons having cerebral palsy, multiple sclerosis, mental retardation, autism and epilepsy. Group homes for persons 60 years of age or older means an owner-occupied or nonprofit home for the exclusive use of not more than eight such persons, provided that such group home:

(a)

Shall not be located within 750 feet of another such group home; and

(b)

Shall comply with any State, County, municipal health, safety, and building and fire codes.

Home occupation means any use for gain or support carried on within a dwelling located in a residence district only by the occupants thereof; it may be located within the principal building or in an accessory building.

Hospital means a facility, which makes available more than one of the following: medical, surgical, psychiatric, chiropractic, maternity, tuberculosis, and nursing services. The facility shall be licensed by the State Health Department as a hospital.

Hotel, motel, lodge means a building occupied as the temporary lodging place of individuals who are lodged with or without meals for compensation, with rooms usually occupied singly, and no provisions made for cooking in any individual room.

Indoor commercial recreation facilities means a recreation facility designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreation activities, which is operated within a building as a business and open to the general public for a fee. Gaming or gambling establishments are not considered indoor commercial recreation facilities.

Kennel means housing for dogs, cats or other small animal pets for breeding, boarding or grooming purposes. The term "kennel" applies to all facilities maintaining space for three or more animals of the same species over the age of six months.

Landscaping means the finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment may also include the use of logs, rocks, fountains, water features and contouring of the earth.

Lot means a plot, parcel, site or tract of land or assemblage of contiguous parcels of land as established by survey, plat or deed, and such yards as required herein and having frontage on a dedicated public street.

Lot area means the total horizontal area within the boundaries of a lot, not including dedicated street rights-of-way, easements or other reservations for public streets or access.

Lot line, front, means the property line of a lot dividing the lots from the adjoining street. Any yard adjacent to a street shall be considered a front yard. On a corner lot or double frontage lot, the property owner may elect which street frontage shall be the front lot line for the purpose of determining the rear yard only.

Lot line, rear, means the property line of a lot opposite or most parallel to the front lot line.

Lot line, side, means any lot property line other than a front or rear lot line.

Lot width means the distance between side lot lines measured congruent with the front yard setback line.

Manufactured home means a single-family dwelling which is partially or entirely manufactured in a factory; is not less than 24 feet in width and 36 feet in length; is installed on an engineered permanent foundation; has brick, wood, or cosmetically equivalent exterior siding and a pitched roof; is certified pursuant to the National Manufactured Housing and Construction and Safety Standards Act of 1974, 42 USC 5401 et seq., as amended. The owner/developer shall provide proof of certification to the Town prior to the placement of any manufactured home. All applicable building and zoning requirements must be complied with.

Manufacturing and processing means the mechanical or chemical transformation, or blending, of goods or raw materials into a new state or a finished or semi-finished product; the making of goods, articles, or parts from raw materials by hand or machinery.

Minor subdivision means a division of a lot into four or fewer lots, a realignment, or condominiumization of a property.

Mobile home means a transferable, single-family dwelling unit suitable for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing. Every mobile home, with the exception of mobile homes placed in a mobile home park, shall be placed on a permanent foundation consistent with applicable building codes adopted by the Town. The term "mobile home" shall not include travel trailers, campers, camper buses, or motor homes, or homes designed to be placed on a foundation.

Mobile home or house trailer, permanent, means any mobile home facility with or without wheels, so designed and constructed as to permit occupancy thereof for living or sleeping purposes.

Mobile home or house trailer, transient, means any vehicle designed for transport on wheels, which has cooking, eating, living, and sleeping facilities. Such units may or may not contain sanitary facilities. These units customarily are moved at least once per year and are licensed as vehicles.

Mobile home park means a plot of land of at least ten acres in area where two or more mobile homes are located for permanent dwelling purposes.

Nursing home means a facility, which provides nursing care who by reason of illness or physical infirmities, are unable to care for themselves. Typically, these facilities will be licensed by the State as a nursing home.

Open space means land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space may be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities.

Parking and loading areas means any public or private area designed and used for off-street parking spaces and berths for the loading or unloading of commercial motor vehicles.

Personal service establishments means establishments primarily engaged in providing services involving the care of a person or such person's apparel.

Personal storage units means multiple storage areas completely enclosed within a building, or series of buildings, in which flammable, toxic and hazardous liquids and chemicals are not allowed; and under a single ownership and does not allow individual offices within units.

Resort means a facility for transient guests where the primary attraction is generally recreational facilities or activities.

Rezoning means an amendment to the Official Zoning Map consisting of a change in the classification of land from one zone district to another.

Roominghouses and/or boardinghouses means a structure used for dwelling purposes by persons who pay a fee for food and/or lodging services. The term "roominghouse" and/or "boardinghouse" applies to those structures accommodating three or more persons who pay for such services on a more or less permanent basis.

Sand and gravel extraction and processing means the mining of sand and/or gravel from its naturally occurring location; the processing of sand and gravel through a series of operations that entails gravel crushing, and transformation through asphalt and concrete batch plants.

Stable, community, means any structure or fenced area used for sheltering livestock owned by landowners within a subdivision or subdivisions where by virtue of covenants, deed restrictions or contract, an area is designated and approved by the Board of Trustees as a community stable.

Stable, private, means any structure used for sheltering livestock.

Storage yard means a yard used for the storage of equipment, building materials, and similar items provided that the storage yard is not open to the public, is not used for salvage and further that all service, fabrication and repair operations shall be conducted within a building and that all outdoor storage of materials and trash receptacles shall be enclosed by a solid opaque fence and screened by landscaping.

Street means a public right-of-way either dedicated or established by usage, other than an alley, which provides primary access to adjacent property.

Structure means any manmade object, which is affixed to the ground by use of footings, foundations, posts or pillars. This definition shall include, but not be limited to, signs, buildings and fences.

Telecommunication facilities means any freestanding facility, building, pole, tower or structure used to provide only telecommunication services, and which may consist of, without limitation, antennae, equipment and storage used to provide telecommunication services.

Townhouse means a dwelling type consisting of adjacent dwelling units sharing common side building walls with each dwelling unit located upon land owned by the owner of the dwelling unit.

Transmission lines means electric lines (69 Kv and over) and appurtenant facilities which emanate from a power plant or a substation and terminate at a substation; or pipeline/conveyors (ten inches diameter or larger) and appurtenant facilities for transporting natural resources, chemicals, petroleum derivative, or waste substances; and are not necessary to provide utility service within the Town.

Use.

(a)

Use, accessory, means a use incidental, customary and subordinate to the principal use of the lot, structure or building and on the same lot.

(b)

Use, by right, means a use allowed in a particular zone district when listed thereunder with no further conditions or approval required other than the general terms and stipulations of these regulations.

(c)

Use, principal, means the purpose or function for which a lot, structure or building is intended, designed or constructed, or the activity which is carried on within said lot, structure or building; a noncommercial lot is restricted to one principal use; noncommercial lots include all lots in the R-1 and R-2 zone districts.

(d)

Use, special review, means uses allowed only by permit of the Town, which permit may be granted or denied. If granted, certain conditions and performance standards may be imposed and must be complied with by the permittee.

Utilities means services and facilities provided by public agencies and private companies such as electrical and natural gas services, telephone services (not including telecommunications facilities), cable television services, water (domestic and irrigation), wastewater collection, treatment and disposal, drainage systems and solid waste disposal.

Veterinary animal clinic means a facility for the treatment of diseased or injured animals for out-patient care only under the direction of a veterinarian. Care provided includes medication, minor surgery, care of wounds, sores, diet, etc. Facilities are not available for boarding of animal patients.

Veterinary animal hospital means a facility for treatment of diseased or injured animals for in-patient and out-patient care under the direction of a veterinarian typically operated 24 hours a day. Care provided includes medication, surgery, care of wounds, sores, diet, etc. Facilities are available for boarding of animal patients.

Yard means an open space not in any alley or street, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

Yard, front, means a yard extending the full width of the lot or parcel, the depth of which is measured in the least horizontal distance between the front lot line and the nearest wall of the principal building; such distance being referred to as the front yard setback.

Yard, rear, means a yard extending the full width of the lot or parcel, the depth of which is measured in the least horizontal distance between the rear lot line and the nearest wall of the principal building; such depth being referred to as the rear yard setback.

Yard, side, means a yard extending from the front yard to the rear yard, the width of which is measured in the least horizontal distance between the side lot line and the nearest wall of the principal building.

(Code 1994, § 15.01.180; Ord. No. 4 (Series 2019), § 2, 5-7-2019; Adopted by Ord. 02 Series of 2023 on 12/5/2023)