In accordance with the general plan of the Town, and as authorized by the Constitution and statutes of the State, this Chapter is passed with the purpose and intent of providing the following benefits to the citizens of the Town:

(1)

To promote the general health, safety and welfare of the community;

(2)

To lessen congestion in the streets and enhance pedestrian and vehicular movement with the least detriment to environmental quality;

(3)

To secure the safety of the people against fire, hazards, avalanche, unstable slopes, rock fall, mudslides and flood danger;

(4)

To provide adequate light and open space and avoid undue concentration of population;

(5)

To provide clean air by protecting the Town's clear air drainage basin through reduction of emission of pollutants into the air;

(6)

To protect the Town's water resources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, and eliminating pollutants introduced directly or indirectly into the Town's streams;

(7)

To prevent the overcrowding of land and avoid transportation and service demands that cannot be satisfied;

(8)

To facilitate adequate provision of water, sewage, schools, parks, open space, hospitals, recreation, all forms of public utilities and other public and historical buildings;

(9)

To maintain the natural scenic beauty of the Crested Butte valley;

(10)

To encourage the development of affordable housing and encourage the development of long-term rental housing;

(11)

To provide for phased development of governmental services and facilities and aid in realizing the policies, objectives and goals of the Town's plan;

(12)

To allow for practical uses of old and historic structures, and at the same time allow for diversity of housing types;

(13)

To encourage innovations in residential development and renovations so that the growing demand for housing may be met by greater variety of type and design of dwellings and by the conservation of more efficient and attractive use of open space;

(14)

To advance a more effective use of land and a higher quality of site planning reflecting improvements in the principles of land development;

(15)

To regulate the use of land on the basis of the impact thereof on the community; and

(16)

To otherwise plan for and regulate the use of land so as to provide a planned and orderly use of land, provide for the protection of the environment to conserve the value of the investments of the people of this community, and encourage the most appropriate use of land throughout the Town.

(Prior code 15-2-2; Ord. 4 §3, 1991; Ord. 13 §1, 1991; Ord. 4 §1, 2009)

For the purpose of this Article, the use of a plural form shall not necessarily imply that more than the singular is suggested, condoned or allowed, and certain words and phrases shall be defined as follows:

Accessory building means a detached subordinate building, the use of which is incidental to that of the principal building or primary dwelling on the same building site. In each of the residential districts located within the Town, the accessory building must remain in common ownership at all times with the primary dwelling or principal building on the same building site. In the event the creation of condominiums or townhouses on the building site results in more than one (1) primary dwelling or principal building, the accessory building must remain in common ownership with at least one (1) primary dwelling or principal building located on the same building site. Building sites within all zone districts, except "R1A" and "R1B" Districts, may have more than one (1) accessory building. Accessory buildings are categorized as one (1) of the following:

a.

Accessory building, nonresidential use, not heated or plumbed;

b.

Accessory building, nonresidential use, heated and/or plumbed; or

c.

Accessory dwelling.

Accessory building, nonresidential use, heated means a detached subordinate structure no larger than two hundred fifty (250) square feet containing nonresidential uses incidental and accessory to the primary structure, which is heated. In each of the residential districts located within the Town, the accessory building, nonresidential use, heated, must remain in common ownership at all times with the primary dwelling or principal building on the same building site. In the event the creation of condominiums or townhouses on the building site results in more than one (1) primary dwelling or principal building, the accessory building, nonresidential use, heated, must remain in common ownership with at least one (1) primary dwelling or principal building located on the same building site. Facilities for sleeping, bathing or cooking are prohibited. Acceptable uses include but are not limited to home offices, arts and crafts studios, workshops and home recreation facilities. Unacceptable uses are sleeping, bathing or cooking.

Accessory building, nonresidential use, not heated or plumbed means a detached subordinate structure containing nonresidential uses incidental and accessory to the primary structure, excluding plumbing or heat. In each of the residential districts located within the Town, the accessory building, nonresidential use, not heated and/or plumbed, must remain in common ownership at all times with the primary dwelling or principal building on the same building site. In the event the creation of condominiums or townhouses on the building site results in more than one (1) primary dwelling or principal building, the accessory building, nonresidential use, not heated and/or plumbed, must remain in common ownership with at least one (1) primary dwelling or principal building located on the same building site. Facilities for sleeping, bathing or cooking are prohibited. Acceptable uses include but are not limited to sheds, storage sheds and unheated garages. Unacceptable uses are sleeping, bathing or cooking.

Accessory dwelling means a detached subordinate structure or portion thereof subordinate to an existing or planned and approved residential structure on the same building site. In each of the residential districts located within the Town, the accessory dwelling must remain in common ownership at all times with the primary dwelling or principal building on the same building site. In the event the creation of condominiums or townhouses on the building site results in more than one (1) primary dwelling or principal building, the accessory dwelling must remain in common ownership with at least one (1) primary dwelling or principal building located on the same building site. Either the accessory dwelling, the primary dwelling, or both, shall be used exclusively as a long-term rental. If more than one (1) accessory dwelling has been approved for a site, then two (2) out of the three (3) dwelling units on the site shall be used exclusively as a long-term rental. The structure designated as the long-term rental must remain in common ownership with another residential use on the same building site, except in the "B3" Business District, where the primary structure may be nonresidential in character. To obtain the conditional use of an accessory dwelling, the applicant shall comply with the terms of Section 16-9-70 respecting the recordation of discretionary approvals.

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

Affordable housing means housing subject to the Guidelines.

Alley means a public way permanently reserved and owned by the Town, which acts as a secondary means of access to abutting property.

Alterations, as applied to a building or structure, means a change or rearrangement in the structural parts or existing facilities; or an enlargement, whether by extending on a side or increasing the height; or the moving from one (1) location or position to another.

Area Medium Income (AMI) means figures published annually for counties by the U.S. Department of Housing and Urban Development (HUD) by household size. When a single figure is referenced, like the median income for Gunnison County, it refers to one hundred percent (100%) of the area median income for a four-person family. Housing programs are generally targeted to serve a defined income group. HUD defines income limits for low-income households (≤ 80% AMI). Additional categories are usually used in high-cost mountain communities for various programs and policies.

Aspect means a physical characteristic of any building, structure or land not including its use.

Auto-related services means any use or activity designed for the servicing, fueling, painting or maintenance of motor vehicles.

Banner means a temporary sign or pennant composed of lightweight material.

Basement means a story of a building which is at least six (6) feet in height and is partially or wholly underground.

Bed and breakfast means a business with no more than five (5) guest rooms, providing a bed, use of bath facilities and one (1) or more meals for tourists for compensation, which business is ancillary to the use of the principal building for residential purposes. A bed and breakfast shall not be contained within an accessory structure.

Bedroom means a room used, or intended to be used, primarily for sleeping purposes at any time, and/or where one (1) or more individuals sleep on a regular basis.

Board means the Board of Zoning and Architectural Review, established in Article 22 of this Chapter.

Boarding and rooming house means a building other than a hotel or lodge where, for compensation, meals or lodging are provided for five (5), but not more than fifteen (15), persons.

Building means any structure having a roof supported by columns or walls.

Building Inspector means the Building Inspector or Building Official for the Town.

Building site means the lot area required or used for the construction or location of buildings.

Building width means the distance between the furthest elements of a structure on opposing sides of the structure parallel to the lot line front. For purposes hereof, roof eaves and structures under eighteen (18) inches are not part of the calculation of building width.

Business, formula means formula retail business, formula restaurant and formula motel and hotel.

Business, formula motel and hotel means a motel and hotel that is required by contractual or other arrangement to maintain and offer a standardized ("formula") array of services that includes two (2) or more of the following systemized features: room plans, lobbies, on-site amenities, façade treatments, décor, color schemes, uniform apparel, signs, servicemarks/trademarks or other standardized features; and that causes it to be substantially identical to seven (7) or more other businesses worldwide regardless of ownership.

Business, formula restaurant means a restaurant that is required by contractual or other arrangement to prepare and offer a standardized ("formula") array of food and beverages for sale to the public for consumption on or off premises that includes two or more of the following systemized features: substantially common food and/or drink menus, ingredients, food preparation, façade treatments, décor, color schemes, uniform apparel, signs, servicemarks/trademarks or other standardized features; and that causes it to be substantially identical to seven (7) or more other businesses worldwide, regardless of ownership. Regulated formula restaurants shall not be co-located within an exempt formula business.

Business, formula retail means a business that is required by contractual or other arrangement to maintain a standardized ("formula") array of merchandise and/or an array of services that includes two or more of the following systematized features: façade treatments, décor, color schemes, uniform apparel, signs, servicemarks/trademarks or other standardized features; and that causes it to be substantially identical to seven (7) or more other businesses worldwide, regardless of ownership.

Catering business means a business providing food at a location other than that of the business, excluding retail prepared food and excluding the on-site consumption of food.

Catering business retailing prepared food means a business providing food at a location other than that of the business, as well as the sale at the business location of retail prepared food, but excluding the on-site consumption of food.

Changeable copy sign means a sign on which copy or sign panels may be changed manually in the field, such as boards with changeable letters.

Charity pantry means the provision of clothing and housewares available to the public that is free of charge.

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

Conditional use means a use of land within any particular zoning district which is authorized only when and if a conditional use permit is granted therefor in accordance with procedures and requirements as set forth in this Chapter.

Condo hotel means a building, parcel or portion thereof that is condominiumized containing multiple units used for overnight lodging by either the owners thereof on a short-term basis for no fee or by the general public on a short-term basis for a fee. A Condo Hotel is a hybrid between a Hotel or Lodge or Motel and a Timeshare Development Project. Condo Hotels may be with or without kitchens within individual units, with or without meal provided, and shall have common reservation and cleaning services, combined utilities, housekeeping services, on-site meeting room space, on-site maintenance, management and reception services, an on-site lobby with appropriate on-site desk service and, where appropriate, on-site recreational facilities. For those such properties with lock-off units, each key shall constitute a Condo Hotel unit for purposes of this Chapter. Bed and breakfasts, hotels or lodges, motels, resorts and short-term residential accommodations shall not be considered condo hotels. The requirements and procedures applicable to the approval of Timeshare Development Projects shall apply to condo hotels as further delineated in Section 16-7-60 of this Chapter. Condo Hotel units shall be available for use by the general public on a short-term basis for a fee at least eighty percent (80%) of the calendar year. For each bedroom, fifteen (15) square feet of meeting space shall be included in the Condo Hotel project, with a minimum of three hundred fifty (350) square feet of meeting space for each Condo Hotel project. Said space shall be capable of being isolated from the rest of the project and may be used for multiple purposes.

Condominium or condominium project means a building or buildings consisting of separate fee simple estates to an individual air space unit of a multi-unit property, together with an undivided fee simple interest in common elements, as further defined in the Colorado Common Interest Ownership Act.

Congregate housing means a building or part thereof that contains sleeping units where residents share bathroom or kitchen or both.

Demolition means the dismantling, tearing down or destruction of twenty-five percent (25%) or more of any building or structure.

Demolition by neglect means the destruction of a building or structure through abandonment or lack of maintenance, or the gradual deterioration of a building or structure when routine or major maintenance is not performed.

Detached building means two (2) buildings deemed to be detached only if their walls are at least ten (10) feet apart and not connected by any constructed linkage, except for a walking surface no more than eighteen (18) inches above finished grade, except buildings which applied for and received a building permit prior to September 26, 1998, in which case such buildings shall be deemed to be detached if they are not connected by an enclosed constructed linkage. An enclosed constructed linkage has walls as well as a ceiling or roof.

Dormitory means a building containing sleeping rooms designed to be rented for short-term occupancy, with adequate sanitary facilities, and which may or may not have cooking facilities as an accessory use.

Drive-through facility means a facility where patrons conduct business from or near their automobile or other motor vehicle without entering and remaining in an enclosed building during the business transaction.

Dwelling unit, multi-family means a building or portion thereof designed exclusively for occupancy by four (4) or more families living independently of each other in separate residential units.

Dwelling unit, one-family means a detached building designed exclusively for occupancy by one (1) family, in one (1) residential unit.

Dwelling unit, rectory means a building used exclusively for occupancy by clergy with no provisions for long term or short term rental accommodations. The dwelling unit must be ancillary to church or church related facilities on the property.

Dwelling unit, three-family means a detached building designed exclusively for occupancy by three (3) families living independently of each other in three (3) residential units.

Dwelling unit, two-family means a structure consisting of a single building designed exclusively for occupancy by two (2) families living independently of each other, in two (2) separate residential units contained therein.

Employee dwelling means a studio or one-bedroom residential dwelling unit that is a subordinate and incidental use to a mixed use structure or commercial/retail use structure on the same building site. An employee dwelling must always remain in common ownership with a mixed use structure or a commercial/retail use structure on the same building site. Except as provided below, an employee dwelling shall be used exclusively as a long-term rental and shall not be used as a short-term rental. In the event that the owner of an employee dwelling unit for which a conditional use is granted, owns and uses for his or her own use another nonresidential unit as a permitted use or an approved conditional use within the same building, the owner may occupy the employee dwelling unit. Only an owner conducting business himself or herself in his or her nonresidential mixed use or commercial/retail unit may occupy his or her employee dwelling unit. Leasing the nonresidential unit to another person for his or her use is not considered using for his or her own use or conducting business himself or herself under this definition.

Enclosed structure means any structure that contains a roof and walls in which the aggregate of all vertical surfaces are hard surfaced or covered by more than thirty percent (30%) with materials that do not allow the atmosphere to freely move through the structure. For purposes hereof, windows and doors shall be deemed to be part of the hard-surfaced structure.

Erection means the building or construction of any structure.

Exterior architectural feature means the architectural style, design, general arrangement and components of all the outer surfaces of an improvement, as distinguished from the interior surfaces enclosed by said exterior surfaces, including but not limited to the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement.

Fabric structure means a structure of which the primary exterior material is comprised of fabric, mylar, or other tensile composite materials of a similar nature. No fabric structure shall remain in place for longer than fourteen (14) days, except as otherwise provided for in Section 16-14-180.

Facilitator has the same meaning as in Colorado Revised Statues (C.R.S.) § 44-50-103(5).

Family means an individual, two (2) or more persons related by blood or marriage or between whom there is a legally recognized relationship, or not more than five (5) unrelated persons living together as a single housekeeping unit in a residential unit.

Farm and garden buildings and uses means those buildings and structures used to shelter or enclose livestock, poultry, feed, flowers, field equipment or similar items; and those uses of land devoted to raising of crops, poultry or livestock.

Fence means a fence, wall, hedge or other structure forming a boundary or enclosing an area.

Finish grade means the topography or contour of a building site as it is configured subsequent to alteration occurring during the construction or site preparation process. The proposed finish grade of a site must be submitted to the Board for approval as part of the building permit application if the proposed finish grade will vary from the natural grade on a building site by more than one (1) foot; provided, however, that the finish grade shall not vary by more than three (3) feet from the natural grade.

Floor area means the sum of the horizontal areas of all floors and areas in an enclosed structure with the potential to contain more horizontal floors, as set forth in Subparagraph d. below, in principal and accessory buildings on a building site, as measured from the exterior faces of the walls and enclosed porches as measured by the exterior limits thereof. However, those spaces that are above the fourteen-foot and twenty-three-foot heights which occur under a pitched roof of 10:12 or greater that are not suitable for potential living space are excluded for floor area ratio purposes. Such areas must be less than seven (7) feet wide in any dimension or measuring less than seventy (70) square feet. The floor area of basements, as defined by the building code adopted by the Town in Chapter 18 of this Code, shall not be included as floor area. For structures other than enclosed structures, floor area shall be computed as follows and shall be included as additional floor area:

a.

Unroofed porches, decks, balconies and terraces:

1.

If such improvement is more than eighteen (18) inches above grade and occupies less than ten percent (10%) of the area of the building, then zero (0) floor area.

2.

If such improvement is more than eighteen (18) inches above grade and occupies ten percent (10%) or more of the area of the building, then one-half (½) the actual floor area.

3.

If such improvement is eighteen (18) inches or less above grade, then zero (0) floor area.

b.

Roofed or covered porches, decks, balconies and terraces:

1.

If such improvement occupies less than ten percent (10%) of the area of the building, then one-half (½) the actual floor area.

2.

If such improvement occupies ten percent (10%) or more of the area of the building, then the actual floor area.

3.

For purposes hereof, such roofed or covered porches, decks, balconies and terraces shall not be enclosed structures, meaning that no more than thirty percent (30%) of the vertical surfaces may be hard surfaced, not allowing the passage of air through the porch, deck, balcony or terrace. When figuring this hard-surface area, up to two (2) walls that compose parts of adjacent enclosed structures shall not be counted.

c.

Any private garage, as that term is herein defined, shall have its floor area calculated and included as additional floor area in an amount equal to one-half (½) of the first two hundred (200) square feet if it is located within an accessory building or is attached to or part of the principal building; otherwise, its floor area shall be calculated and included as additional floor area in an amount equal to the actual floor area of such garage.

d.

Any part of a building whose interior height is less than fourteen (14) feet is counted once for floor area purposes. Any part of a building whose interior height is fourteen (14) feet or higher is counted twice for floor area ratio purposes, except that any part of such building which has an interior height of twenty-three (23) feet or more is counted three (3) times. For floor area ratio purposes, interior heights shall be measured from the lowest floor level above grade to the underside of the roof assembly. In those cases where the lowest floor level is more than eighteen (18) inches above natural grade or the site is sloped in such a manner that the lowest floor intersects the natural grade, the Building Official will determine the floor plane from which measurements will be calculated.

Floor area ratio means a fraction, the numerator being the floor area of the buildings on a lot and the denominator being the area of such lot, up to the maximum lot area allowed by right in the zone district.

Footing means that portion of the foundation of a structure which spreads and transmits loads directly to the soil.

Front facade means the facade of a building facing the street or, in the absence of a street, facing the alley. On a corner lot, only one (1) facade shall be considered the front facade, and that shall be the facade on the shorter street frontage, unless otherwise declared by the Board, as in the case of a front lot line.

Frontage means the length of the longest front lot line of the lot; or the length within the lot of a line substantially parallel to the longest front lot line and distant therefrom no greater than the required least front yard depth; whichever line is longer.

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

Garage, private means any building or structure designed principally for the storage or parking of vehicles, which use is incidental to the primary use of the property, whether attached to or separate from the primary structure, and is at least ten (10) feet by twenty (20) feet and seven (7) feet vertically of clear interior space.

Gasoline station means any buildings and/or premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail and where minor servicing and repairs may be made.

Ground floor means the first floor of a property above finish grade at the front of said property; except that, for purposes of determining what permitted and conditional uses are allowed in a building where certain uses are restricted by this Chapter, the ground floor shall be deemed to be the floor level that has display windows immediately adjacent to grade at the front elevation of the building. Each building shall have only one (1) ground floor.

Guidelines means the Affordable Housing Guidelines, as amended, which contain the rules for the purchase, sale, ownership, occupancy and rental of housing which is subject to a restriction, covenant or other recorded requirement containing restrictions on the sale, ownership, occupancy and or rental or purchase in the Town of Crested Butte.

Healing center has the same meaning as in Colorado Revised Statues (C.R.S.) § 44-50-103(6).

Height of building means the highest vertical distance measured on any side of the building. Said vertical distance on each side shall be measured from the elevation of the natural grade on each side to the highest point of the roof surface on said side.

Historic building means any building or structure that was constructed during the Town's Period of Significance (POS), 1880—1952.

Historic District means the Town of Crested Butte, according to the official plat thereof.

Home occupation means any commercial use carried on within a dwelling which is:

a.

Customarily conducted entirely within a dwelling unit or an accessory building by the occupants of the dwelling unit;

b.

Incidental and secondary to the use of the subject parcel for residential purposes;

c.

Conducted in such a fashion as not to change the manner or character of use of the dwelling;

d.

Conducted in such a fashion that the commercial noises and activities do not interfere with the quiet and dignity of the neighborhood; and

e.

Conducted without the employment of individuals other than the occupants of the dwelling.

Hotel or lodge means a building, parcel or portion thereof containing multiple units used for overnight lodging by the general public on a short-term basis for a fee, with or without kitchens within individual units, with or without meals provided, and which has common reservation and cleaning services, combine utilities, housekeeping services, on-site meeting room space, maintenance, management and reception services, and an on-site lobby with appropriate on-site desk service and with appropriate on-site recreational facilities. Units in Hotels or Lodges shall at all times be available for use by the general public on a short-term basis for a fee. For those such units with flexible unit configurations, also know as lock-off units, each rentable division, or key, shall constitute a Hotel or Lodge unit for purposes of this Chapter. For each bedroom, fifteen (15) square feet of meeting space shall be included in the Hotel or Lodge project, with a minimum of three hundred fifty (350) square feet of meeting space for each Hotel or Lodge project. Said space shall be capable of being isolated from the rest of the project and may be use for multiple purposes.

Improvement means any building, structure or other object constituting a physical betterment of real property or any part of such betterment.

Individual dry storage unit means a dry, cold storage unit normally utilized for the temporary storage of nonperishable goods or property. Such units shall not be used as offices or for any sales or operations of a wholesale or retail nature, and shall have no water or sewer services.

Insubstantial means any building, addition, alteration, renovation, destruction or reconstruction of any structure which is found to be insignificant enough so that a building permit will be issued without publication and architectural approval, so long as all other conditions of this Code are complied with. Such determination of insignificance shall be made as set forth in Paragraph 16-22-100(a)(9) of this Chapter by the Building Inspector and one (1) designated Board member upon the following criteria:

a.

The visibility of the proposed construction from the streets or other commonly traveled ways;

b.

The extent of the proposed physical change as related to the entire structure; and

c.

The effect of the proposed construction or change in the character of the surrounding neighborhood.

Junk yard means a building, structure. parcel of land or portion thereof, used for collecting, storage or sale of used parts, rags, scrap metal or discarded material, or for the collection, storage, salvage or demolition of vehicles, machinery or other materials and including the sale of the whole or parts thereof.

Kitchen means a designated space containing at least a device or appliance for heating food, a separate sink with hot and cold running water and a refrigeration appliance.

Light industrial operation means an assembly, manufacturing, processing, packaging or other industrial operation which is conducted in such a manner that all resultant cinders, dust, fumes, gases, odors, smoke and vapor are effectively confined to the premises, or disposed of so as to avoid significant air pollution; and conducted so that no noise or lights would be perceptible, noticeable or observable by a person at a distance of three hundred (300) feet or more from the premises.

Local business or local employer is a business, including the self-employed, whose business address is located within Gunnison County, and whose business employs Qualified Residents, as defined herein, who live in Gunnison County, and whose business serves Gunnison County denizens and businesses.

Long-term residential unit shall have the same meaning as "rental, long-term".

Long-term residential rental unit shall have the same meaning as "rental, long-term".

Lot means a parcel of land or tract occupied or designed to be occupied by a main building, structure or use, arranged so as to meet all the requirements of this Chapter, abutting upon a public street, alley or public way.

Lot area means the number of square feet included within the boundaries of the lot, and measured on a horizontal plane, exclusive of any area in a public or private street or alley which is open to the public use.

Lot line, front means the property line dividing a lot from the street or, in the absence of a street, from an alley. On a corner lot, only one (1) street shall be considered as a front lot line, and the shorter street frontage shall be considered the front lot line unless permission otherwise is granted by the Board. On a corner lot which is square, the front lot line shall be determined by the Board.

Lot line, rear means the line opposite the front lot line.

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

Lot width means the average distance between the side lot lines, measured perpendicularly from one (1) of the sides.

Maintenance. See repair.

Marijuana establishment shall have the meaning ascribed to such term in Section 6-5-40 of this Code.

Maximum building height means the maximum vertical height of a structure. That distance shall be measured vertically from each point on the natural grade to the highest point of the structure directly above that same point. The maximum building height shall define a plane that is parallel to the natural grade at the specified distance or height. No part of the structure shall penetrate that plane.

Mechanical lift parking system means a parking system by which an automobile is parked vertically above another automobile and is lifted and lowered by mechanical means.

Medical marijuana center shall have the meaning ascribed to such term in Section 6-5-40 of this Code.

Medical marijuana-infused product manufacturer shall have the meaning ascribed to such term in Section 6-5-40 of this Code.

Micro-distillery means a business known as a craft or designer distillery that manufactures spirituous liquors on site for distribution on or off site in quantities not to exceed one thousand seven hundred (1,700) cases or fifteen thousand three hundred (15,300) liters (4,041 gallons) of finished product per year. A micro-distillery must be licensed by the appropriate state and federal authorities. A micro-distillery must operate in conjunction with a tasting room, retail outlet and/or restaurant bar use. If a micro-distillery operates in conjunction with a restaurant, then a conditional use for the restaurant must also be granted for the location or reapproved if a restaurant use has previously been granted a conditional use permit for the location.

Minimum lot street frontage means the minimum width of the lot or parcel where it fronts on a street or avenue. On lots or parcels that front on more than one (1) street or avenue, this shall apply to that frontage defined as the front yard.

Mobile home, also commonly referred to as a manufactured home, means a residence designed for human occupancy that is constructed off-site by a licensed manufacturer to the Manufactured Home Construction and Safety Standards as determined by the Department of Housing and Urban Development (HUD). Mobile homes are transported to the site and are equipped with a permanent chassis for purposes of relocation. Mobile homes shall be equipped with a HUD label and shall meet snow and wind load requirements determined by the Building Department. Additions and appended structures, regardless of whether such structures are capable of relocation by transport, may be attached to a mobile home if approved through the Town's building design review process.

Mobile home accessory building means a building or room attached to a mobile home, the use of which is incidental to that of the mobile home.

Mobile home park means a parcel of land utilized or intended for use for the renting of occupancy spaces for one (1) or more mobile homes, such use being coterminous with the "M" Mobile Home District.

Mobile home, transient. SeeTransient mobile home.

Motel shall have the same meaning as hotel or lodge.

Moving means any change in the location of a structure, including the relocation of a structure to a new location on the same lot or lots.

Museum means a building and/or defined space therein that, as its principal use, is designated and operated for education and/or aesthetic purposes, with the primary function of displaying and interacting with animate and/or inanimate objects, and caring for such objects, exhibited to the general public on a regular basis.

Natural grade means the undisturbed contour of a site prior to development or, in the case of a previously disturbed site, as determined by the Building Official. Natural grade shall be measured in elevation above sea level or relative to a benchmark undisturbed on the site or adjacent to the site. Building permit applications shall represent the natural grade by no greater than one-foot contour lines on the site plan on sites that vary more than two (2) vertical feet within the building site or one (1) vertical foot within the building footprint. The natural grade of a site may not be altered without the prior approval of the Building Official. The Building Official may authorize an alteration in natural grade to facilitate access or drainage on a site in the Building Official's reasonable discretion.

Natural medicine has the same meaning as in Colorado Revised Statues (C.R.S.) § 44-50-103(13).

Natural Medicine Cultivation Facility has the same meaning as in the Colorado Regulated Natural Medicine Rule 1-CCR 213-1.

Natural Medicine Product has the same meaning as in Colorado Revised Statues (C.R.S.) § 44-50-103(15).

Natural Medicine Products Manufacturer has the same meaning as in the Colorado Regulated Natural Medicine Rule 1-CCR 213-1.

Natural medicine services has the same meaning as in Colorado Revised Statues (C.R.S.) § 44-50-103(16).

Natural Medicine Testing Facility has the same meaning as in the Colorado Regulated Natural Medicine Rule 1-CCR 213-1.

Neighborhood business means small convenience establishments designed and intended to serve the daily, or frequent, trade or service needs of the surrounding neighborhood. Such establishments include, but are not limited to, food stores, pharmaceuticals, barber shops, beauty shops, shoe repair, shop craft and business and professional offices. Such uses shall be limited to one thousand (1,000) square feet per use.

Neighborhood context and size means the size, scale and density of buildings, and the amount of open space, which exist on the average on other lots within two hundred fifty (250) feet of the property.

Nonconforming use means the use of a structure or premises, or any portion thereof, legal at the time it was established, but in conflict with the provisions of this Chapter or any amendments thereto; and as further defined by Article 19 of this Chapter.

Office uses means the use of a property for the transaction of business or professional services and activities including, without limitation, realtors, timeshare sales, nonprofit organizations, advertising or insurance agents, attorneys, architects, designers, interior designers, engineers, accountants, veterinarians, sales promotions, property management companies or agents and other licensed professionals.

Open space means open and unoccupied land which does not include any structure above grade level. Decks less than eighteen (18) inches above grade level shall not be considered structures for purposes of this definition.

Owner occupied means a unit where at least one (1) individual on the title occupies the unit as their primary residence at least nine (9) of any twelve (12) consecutive months.

Parcel means any combination of or change in lots or tracts, regardless of location, that is the result of resubdividing land through the use of the minor or major subdivision process. After a resubdivision, each building site will receive a parcel designation such as A, B, C or D, and each parcel will be legally described as part or all of a lot or lots, or part or all of a tract or tracts.

Parking, off-street means any parking space not less than nine (9) feet in width, eighteen (18) feet in length and seven (7) feet in height, located wholly within the limits of one (1) or more lots, except as otherwise provided in Section 16-16-30(f) of this Chapter.

Parking space means an area, exclusive of drives, turning areas or loading space, devoted to the parking of one (1) vehicle.

Permitted use means a use of land within any particular zoning district which is authorized as a matter of right so long as all other requirements of this Chapter are met.

Person means a natural person, association, firm, partnership, corporation, joint venture, joint stock company, club, company, business, trust or other organization acting as a group or unit, or the manager, lessee, agent, servant, officer or employee of any of them.

Personal services establishments means businesses offering personal services, including but not limited to travel agents, booking agents, recreation services providers or planners, outfitting companies, massage, yoga, healing arts, healing center, chiropractic offices, acupuncture, martial arts and other similar disciplines, dance, alternative health services, spas, salons, barber and beauty shops, stationery and graphics shops, laundromats (not commercial), shoe repair, sewing and tailoring, nonproduction copying and printing, studios for instruction in the arts, art studios, radio and television broadcasting and catering services.

Planned Unit Development means a unified project involving a related group of uses, planned as a single entity and designed to provide variety and diversity through the variance of normal zoning standards while maximizing benefits to the Town, preserving and enhancing unique features of the development site and maintaining harmony with neighborhood context. The details as to eligibility for and approval of a planned unit development are set forth in Article 6, Division 4 of this Chapter.

Plans means all plans, specifications, sketches, renditions and other materials depicting and describing a building or structure in sufficient detail and clarity that a determination can be made by the Building Inspector and the Board that said building or structure is in full compliance with all applicable Town, county, state, federal and other governmental codes pertaining to such building, structure or use.

Primary dwelling means the only detached dwelling on a site or, if more than one (1) existing or approved dwelling is situated on a lot, then the primary dwelling is the dwelling upon a site whose aggregate floor area is the greatest of all detached dwellings on the site.

Primary residence means a residence which is the usual place of return for housing as documented by the vested title property owner of record signing an affidavit to that affect and providing at least two of the following: motor vehicle registration, driver's license, Colorado state identification card, voter registration, or tax documents A person can have only one primary residence.

Principal building means the building which is the largest structure on a site, unless otherwise determined by the Board, considering the location and use of all the structures on the site.

Professional office means offices which are devoted to such professions as doctors, lawyers, dentists, architects and other similar professional activities.

Public building means any building open to the general use, participation or enjoyment of the public; and owned by the Town, County, State or federal government or any subdivision thereof.

Public restrooms means restrooms which are accessible to the general public, as opposed to patrons, which are accessible to the public between the hours of 9:00 a.m. and 9:00 p.m. daily, and which are appropriately signed so that the public is aware of their location and accessibility.

Public utility means any physical facility designed for:

a.

The storage and transportation of electricity, petroleum products and other forms of energy;

b.

The storage and transportation of telephone and other forms of communication; or

c.

The storage and transportation of water and sewage.

Such utilities shall include, but not be limited to, an electric substation or generating plant, a gas regulatory station, a gas storage facility, a telephone exchange, a water or sewer pumping station and a water reservoir.

Qualified resident is an employee of a Local Business or Local Employer as defined herein who lives in Gunnison County and works a minimum of one thousand five hundred (1,500) hours per calendar year; an employee of a Local Business who worked one thousand five hundred (1,500) hours per calendar year for the four (4) years immediately prior to their retirement; or students attending a post high school educational program which results in a certification, degree, or license from an institution with a physical presence in Gunnison County; except for occupants of Accessory Dwelling Units that were permitted after May 15, 2023, the minimum work requirement is one thousand two hundred (1,200) hours per calendar year or one hundred (100) hours per month.

Receiving site means the target real property within the Town upon which a relocated building or structure is proposed for relocation.

Reconstruction means the work of rebuilding a structure.

Redevelopment parcel means any real property within the Town which is the subject of a demolition or relocation application and a Redevelopment plan.

Redevelopment plan means a set of drawings, plans and specifications for the construction of a building or structure on the same lot or parcel following demolition or relocation; a redevelopment plan shall meet all of the zoning requirements, design standards, recorded easements and covenants for the property upon which the development is to be situated.

Relocation means the removal of a building or structure from its foundation or current location and then moving or transporting it to a receiving site; the relocated building or structure shall meet all of the zoning requirements, recorded easements and/or covenants of the property upon which it is to be situated.

Remodeling means any act or process which changes one (1) or more of the exterior architectural features of a structure, combination of structures, site or area in the Historic District.

Rental, long-term May 16, 2023 to present means the rental of any residential property for a term of not less than six (6) months to a Qualified Resident as defined herein, which limitation of term of rental shall be recorded in the real property records of the County pursuant to Section 16-9-70 of this Chapter. Where a long-term rental is vacant for a period of three (3) months or more without prior approval from the Town Manager, such property shall not constitute a long-term rental under this definition. In order to meet the definition of a long-term rental, such property must be actively offered for rent as supported by reasonable evidence. Long-term rentals left vacant for more than three (3) months shall be in violation of this section and shall be subject to the penalties outlined in Section 1-4-20.

Rental, long-term up to and including May 15, 2023 means the rental of any residential property by a person to a natural person who resides in Gunnison County as that person's primary residence for a term of not less than six (6) months, which limitation of term of rental shall be recorded in the real property records of the County pursuant to Section 16-9-70 of this Chapter. Where such property is vacant for a period of three (3) months or more during a six-month period, such property shall not constitute a long-term rental under this definition. Such property may not be rented to any person with greater than ten percent (10%) ownership interest in the property or to any person with greater than ten percent (10%) ownership interest in any entity with ownership of the property. For purposes of this definition, natural person is only any individual and shall not include any association, firm, partnership, corporation or other entity. In order to meet the definition of a long-term rental, such rental must be actively offered for rental, as supported by reasonable evidence of such rental. Long-term rentals left vacant for more than three (3) months shall be in violation of this section and shall be subject to the penalties outlined in Section 1-4-20.

Rental, short-term means the rental of any residential unit for a term of six (6) months or less, designed for occupancy by a family. Rental, short-term shall not include a short-term residential accommodation, Condo Hotel, Hotel or Lodge or Motel.

Repair means work done to maintain a structure in good condition.

Replacement housing means deed-restricted long-term rental or resident-occupied affordable housing that is required due to demolition or relocation of existing residential buildings or structures.

Residential unit means one (1) or more rooms, in addition to separate kitchen and bath facilities, for occupancy by a family, independent of other families, on a long-term basis, as opposed to a short-term basis (i.e., Timeshare Estate; Short-Term Residential Accommodation; Hotel or Lodge; Motel; Condo Hotel; Rental, Short-Term).

Residential unit, historic accessory structures means one (1) or more rooms, in addition to a separate bath and closet facility, which is located in a historic accessory building and is intended or designed for occupancy by one (1) or more people on a long-term rental basis.

Residential unit studio means a residential unit containing no more than one (1) habitable room.

Resort means a group of buildings and/or facilities provided primarily for recreational purposes and used to accommodate individuals on a temporary or term occupancy basis.

Restaurant means a place where meals and other foods are served to the public, whether for consumption on or off the premises, and where alcoholic beverages may be served. Food is prepared on-site, utilizing service, dish and food preparation washing facilities. The term includes restricted food service establishments, which are subject to different parking and EQR requirements. The term does not include:

a.

Private boarding and rooming houses;

b.

Child care centers;

c.

Establishments existing primarily for purposes other than providing beverages or food and which serve only coffee, tea or other beverages, popcorn, cotton candy, prepackaged nonperishable doughnuts, pastries or other similar goods obtained from sources complying with all relevant state laws;

d.

Transient merchants or vendors, as defined in Chapter 6, Article 4 of this Code; and

e.

Churches and noncommercial church-related facilities.

Restoration means the work of putting a structure into its near or exact original form, when it has been modified since original construction but deteriorated due to neglect, or when it has been damaged.

Restricted food service establishments means food service establishments serving only prepackaged food in individual portions which may be warmed or otherwise handled after selection on site only by the purchaser, or serving ice cream. These establishments do not cook raw food, use waitpersons or mechanical dishwashers or serve alcoholic beverages.

Retail bakery means a business offering for sale baked goods and other associated and like food, and may include nonalcoholic beverages, which food and beverages are prepared either on or off the business premises, and are sold to be consumed off the premises of the business. No seating or on-premises consumption of food or beverages is permitted.

Retail marijuana products manufacturer shall have the meaning ascribed to such term in Section 6-5-40 of this Code.

Retail marijuana store shall have the meaning ascribed to such term in Section 6-5-40 of this Code.

Retail marijuana testing facility shall have the meaning ascribed to such term in Section 6-5-40 of this Code.

Right-to-use estate, in connections with Timesharing, shall include non-fee interests whereby the owners of said estates have leases or licenses granting said owners a right to occupy property during a specific time period, but not a fee interest (e.g., right-to-use interest, vacation club interest, vacation license, vacation lease, destination club interest).

School means a public or private preschool or a public or private elementary, middle, junior high or high school, all for the purpose of educating persons primarily under the age of eighteen (18).

Service yard means any yard in which fuel, materials or other supplies are stored.

Shop craft means a business establishment devoted solely to the arts and crafts, which conforms to the following requirements:

a.

Sells, produces or makes items that, by their nature, are designed or made by an artist or craftsman by using hand skills;

b.

Is contained within an area not exceeding two thousand five hundred (2,500) square feet;

c.

Employs not more than three (3) persons; and

d.

Is conducted in such a fashion that:

1.

No more dust, fumes, gases, odors, smoke or vapors escape from the premises than that which is usual in the neighborhood.

2.

All by-products, including waste, are effectively confined to the premises or disposed of off the premises so as to avoid air pollution other than that which is usual in the neighborhood; and

3.

No noise or disturbance of adjoining premises takes place other than that which is usual in the neighborhood.

Short-term residential accommodation means a building, parcel or portion thereof that is condominiumized, containing six (6) units or more used for overnight lodging by either the owners thereof on a short-term basis for no fee or by the general public on a short-term basis for a fee. Short-term residential accommodations may be with or without kitchens within individual units, with or without meals provided, and shall have common reservation and cleaning services, combined utilities, housekeeping services, on-site meeting room space, maintenance, management and reception services, an on-site lobby with appropriate on-site desk service and, where appropriate, on-site recreational facilities. For those such properties with lock-off units, each key shall constitute a short-term residential accommodation for purposes of this Chapter. Bed and breakfasts, hotels or lodges, motels, resorts and condo hotels shall not be considered short-term residential accommodations. For each bedroom, fifteen (15) square feet of meeting space shall be included in the project, with a minimum of three hundred fifty (350) square feet of meeting space for each such project. Said space shall be capable of being isolated from the rest of the project and may be used for multiple purposes.

Sign means any device, including any letters, figures or pictorial matter displayed for advertising purposes, whether placed on any natural object, upon any structure or building or upon any surface, or is freestanding, which would be visible from any public street, alley or right-of-way.

Sign area means the total exterior surface of all faces of any sign.

Sign, directory means a sign erected for the purpose of identifying one (1) or more businesses located within one (1) building. Such a sign may contain the name of the building or project, and/or only the individual names of the businesses located therein.

Sign, freestanding means a sign erected upon its own support and not attached to a building.

Sign, projecting means any sign supported by a building and projecting therefrom.

Sign, wall means any sign painted on, incorporated in or affixed to a building wall or window; or any sign consisting of cut-out letters or devices affixed to a building wall or window, with no background defined on the building wall.

Site amenities means features built up into a project or property site which benefit the public at large, including but not limited to landscaped open space, display of art, items of historic interest displayed or preserved, public bathrooms, water fountains, kiosks, public benches and other features to be used or appreciated primarily by the public.

Sleeping unit means a room or portion thereof used for sleeping.

Snack bar means a food service establishment serving beverages and food prepared off premises, which may include ice cream and popcorn. Such previously prepared food maybe warmed or heated on premises. No grill or oven may be used. No food or beverages may be delivered off premises or purchased for consumption off premises. Liquor may be served pursuant to a valid liquor license.

Special civic event means an event which is sponsored primarily by a public entity or nonprofit corporation or association, which occurs no more frequently than twice a year.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be the story.

Street means a public thoroughfare for vehicular traffic, other than an alley.

Structural alteration means any change to a structure or subtraction of parts from a structure, including changes to walls, columns, beams, girders, foundations, doors, windows or other similar component parts of a structure.

Structure means anything constructed or erected, which requires location on the ground or attached to something having location on the ground, including storage, transmission or distribution facilities of public utilities. Structure shall also include a covering enclosing a space, such as a tent or a fabric structure, located on any lot or parcel in any zone district for a period in excess of fourteen (14) days. The process of locating such a covering or fabric structure on a lot or parcel shall fall within the definition of erected, as that term is used in Subsection 18-13-40(a) of this Code.

Subordinate and incidental use means a use, which must be separately approved by the Board of Zoning and Architectural Review, and which is subordinate and incidental to another approved use at the same premises and location. The approval for such subordinate and incidental use is contingent upon the continued primary use with which the subordinate and incidental use is associated and approved. In the event the primary use for the location and premises ceases to operate, then the approval for the subordinate and incidental use shall also be withdrawn, and such subordinate and incidental use shall no longer operate.

Substantial means material, considerable in importance, value, degree, amount or extent, as determined by the Board.

Tasting/sales room micro-distillery means a micro-distillery tasting or sales room that distributes and sells spirits produced from its associated state-licensed micro-distillery production facility. If it is not associated with a micro-distillery production facility on site, then it shall be considered a retail use. If it is associated on the same site with its production facility, then it can be approved with the conditional use approval for the micro-distillery.

Timeshare development ortimeshare development project means the development of real property in a manner that involves the creation of timeshare estates.

Timeshare estate shall include, for purposes of this Chapter, those rights and interests referred to in Section 38-33-110, C.R.S., where the annually recurring exclusive right to pos session and occupancy is defined by a schedule, formula or other similar mechanism, except that timeshare estates shall not include right-to-use estates. The term timeshare estate shall apply to such rights and interests regardless of the applicant's terminology, such as, and not for purposes of limitation, interval estates, interval ownership, time-span estates, fractional interests, fractional fees and fee-simple timeshare estates. Timeshare estates are sometimes referred to in this Chapter as timeshare interests.

Timesharing or timeshare refers to the use of real property where the owner holds a timeshare estate. Timesharing is only permitted under short-term residential accommodation uses.

Townhouse or townhouse project means a building or buildings consisting of fee simple estates to individual units having common vertical walls, together with fee simple title to the land on which such unit is built and any yard and parking space appurtenant to said unit; and any easements for ingress and egress and for installation, replacement, repair and maintenance of utilities appurtenant to a unit. No townhouse or townhouse projects shall have common horizontal walls.

Transient merchant means any person who engages in vending activity on a temporary basis not exceeding forty-five (45) days in any calendar year.

Transientmobile home, also commonly referred to as travel camper, camper, camp trailer, travel trailer or motor home, means a living unit designed for temporary occupancy as moved from place to place, often a recreational abode or vehicle, with or without sanitary facilities, and equipped or constructed for repeated travel by wheels upon highways or roads; or which is a bus, truck, car or other motor vehicle converted for sleeping or overnight habitation.

Use means the purpose for which any land, building or structure is designed, maintained or occupied. Multiples of uses are prohibited unless expressly allowed.

Vacation rental means (i) the rental or lease of a property for a period of twenty-nine (29) or less consecutive nights or less; or (ii) the rental or lease of no more than two sleeping units within a property for a period of twenty-nine (29) or less consecutive nights where the owner or agent is present during occupancy. Vacation rental use is not a residential use.

Variance means any deviation from the requirements of this Chapter with respect to width, yard size, distance, slope and excessive slope review, but not characteristics associated with uses as set forth in Article 9 of this Code.

Veterinary clinic or hospital means a veterinary establishment that provides routine on-site veterinary services, grooming facilities, surgeries, and necessary hospitalization for small, non-hoofed domestic animals including: treatment rooms, surgical rooms, and indoor kennels for overnight boarding of patients recovering from surgery, serious illnesses, or wound treatment. Board of animals is not allowed when not associated with veterinary care requirements for patient recovery.

Wholesale business means a business which sells items to persons other than the ultimate consumer.

Yard means a space on the same lot with a building which is open, unoccupied and unobstructed by buildings or structures from the ground upward, except for fences or as otherwise provided herein.

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

Yard, minimum, when used in conjunction with "front," "rear" or "side," refers to the required distance, and the land resulting therefrom, between any adjacent lot line and the closest possible line of the conforming structure. Overhanging eaves are included in the closest possible line. Ground level decks, less than eighteen (18) inches above grade, are not included in the closest possible line, unless such decks are fenced or covered. The construction and use of any such deck within a front, rear or side yard setback must meet the criteria required for approval of a nonconforming aspect as set forth in Section 16-19-90 of this Chapter.

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

Yard, side means a yard extending from the front yard to the rear yard between the side lot. (Prior code 15-2-3; Ord. 8 §1, 1988; Ord. 3 §§1, 2, 1989; Ord. 4 §§1, 2, 1990; Ord. 29 §§2, 14, 1990; Ord. 4 §6, 1991; Ord. 16 §2, 1992; Ord. 18 §1, 1992; Ord. 22 §§3, 8, 10, 11, 12, 1993; Ord. 11 §4, 1993; Ord. 3 §§4, 5, 6, 15, 29, 1994; Ord. 3 §1, 1995; Ord. 5 §§1, 4, 5, 13, 1995; Ord. 23 §1, 1995; Ord. 40 §1, 1995; Ord. 41 §2, 1995; Ord. 7 §§3, 4, 1997; Ord. 12, 1997; Ord. 8 §1, 1998; Ord. 17 §1, 1998; Ord. 12 §1, 1999; Ord. 18 §1, 1999; Ord. 5 §§12—15, 2000; Ord. 10, 2000; Ord. 14 §2, 2000; Ord. 11 §§1, 2, 2001; Ord. 2 §1, 2002; Ord. 6 §11, 2002; Ord. 23 §§1, 2, 4, 2002; Ord. 7 §1, 2003; Ord. 24 §2, 2003; Ord. 21 §§4, 5, 6, 8, 2004; Ord. 2 §1, 2006; Ord. 10 §1, 2006; Ord. 11 §§2, 3, 2006; Ord. 17 §1, 2007; Ord. 8 §1, 2008; Ord. 21 §1, 2008; Ord. 3 §1, 2009; Ord. 4 §1, 2009; Ord. 15 §1, 2009; Ord. 17 §3, 2009; Ord. 5 §1, 2010; Ord. 7 §§1, 2, 2011; Ord. 9 §3, 2011; Ord. 20 §§1, 3, 2011; Ord. 19 §1, 2011; Ord. 10 §1, 2012; Ord. 16 §1, 2013; Ord. 19 §2, 2013; Ord. 9, §3, 2015; Ord. 12 §2, 2016; Ord. No. 3, § 1, 3-6-2017; Ord. No. 6, § 1, 6-5-2017; Ord. No. 16, § 1, 7-10-2017; Ord. No. 30, § 1, 1-7-2019; Ord. No. 34, § 1, 9-16-2019; Ord. No. 19, § 1, 7-20-2020; Ord. 13, § 1, 2021; Ord. No. 21, § 1, 10-18-21; Ord. No. 17, § 1, 9-6-2022; Ord. No. 2, § 2, 3-6-2023; Ord. No. 12, §§ 2, 3, 5-15-2023; Ord. No. 27, § 2, 11-6-2023; Ord. No. 8, § 2(Exh. A), 11-18-2024; Ord. No. 1, § 2(Exh. A), 2-3-2025)