Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this Chapter shall have the meaning indicated when used in this Chapter. Words, phrases and terms not defined in this Chapter but defined elsewhere in this Code shall be construed as defined elsewhere in this Code. Words, phrases and terms neither defined herein nor elsewhere in this Chapter shall be given usual and customary meanings, except where the context clearly indicates a different meaning. The words shall and will are mandatory and not permissive; the words may and should are permissive and not mandatory.

Accepted, open space.Accepted, when used in regard to open space, shall mean written acceptance upon a recorded plat or other recorded document giving an indication of conveyance of land to be used by the public, or for some other use deemed appropriate by the Board of Trustees.

Accepted, roads and streets.Accepted, when used in regard to roads and streets, shall mean written acceptance of the road or street for public use by the Board of Trustees and shall construe the responsibility for maintenance.

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

Accessory dwelling unit (ADU) means a dwelling unit used as living quarters that may include a sleeping place, kitchen and bathroom, or any combination thereof, for one (1) or more individuals, associated with the principal dwelling that can be integrated in the overall design of the principal structure, and it may be a separate structure located on the same lot, secondary to the principal structure.

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

Adjacent means all properties with a common point or line to the subject property and the property which would have a common point or line with the subject property if a public right-of-way separating the properties were not there.

Adult arcade means an establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors or similar machines, or other image-producing machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult bookstore, adult novelty store or adult video store means:

a.

A commercial establishment which: (1) devotes a significant or substantial portion of its stock-in-trade or interior floor space to; (2) receives a significant or substantial portion of its revenues from; or (3) devotes a significant or substantial portion of its advertising expenditures to the promotion of: the sale, rental or viewing (for any form of consideration) of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

b.

An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as the provisions of Subparagraph a. above are otherwise met.

Adult cabaret means a nightclub, bar, restaurant or other commercial establishment which regularly features: (a) persons who appear nude or in a state of nudity; or (b) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

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

Adult motion picture theater means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

Adult theater means a theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.

Alley means a public or private vehicular passageway dedicated or permanently reserved as a means of secondary access to abutting property and designed as an alley on a final plat.

Animal means any mammal, bird, fish, reptile, amphibian or insect.

Applicant means any owner of a right or title in real property in Town or an authorized representative of such owner who formally requests action on a land use proposal submitted in accordance with this Chapter.

Assistance animal means an animal, having received certification through an accredited program with specific characteristics, becoming a fundamental part of a person's treatment designed to improve the physical, social, emotional and/or cognitive function of the patient/owner, and may include a service animal. An assistance animal that is not otherwise defined as a horse or livestock shall be exempt from any numerical limitations on animals set forth herein.

Assisted living services means a residential facility that makes available to three (3) or more adults not related to the owner of such facility, either directly or indirectly through a resident agreement with the resident, room and board and at least the following services: personal services; protective oversight; social care due to impaired capacity to live independently; and regular supervision that shall be available on a twenty-four (24) hour basis, but not to the extent that regular twenty-four (24) hour medical or nursing care is required. Examples include, but are not limited to, memory care facilities, senior living communities and skilled nursing facilities. This definition does not include rehabilitation facilities primarily used for addiction treatment or substance abuse recovery.

Authorized representative means any individual, partnership or corporation given written authorization by an applicant to process a proposal through the Town.

Beverage processing means any commercial or industrial use that includes the manufacturing, brewing, or distilling of alcoholic or non-alcoholic beverages.

Block means an area of land within a subdivision which is entirely bounded by streets, highways, natural boundaries or the exterior boundary or boundaries of the subdivision.

Boarding and rooming house means a building or portion thereof which is used to accommodate, for compensation, five (5) or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensation shall include compensation in money, services or other things of value.

Buffer means a strip of land established to separate and protect one (1) type of land use from another, to screen from objectionable noise, smoke or visual impact, or to provide for future public improvements or additional open space, often in conjunction with a floodplain.

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

Building height means the vertical distance from the average finished grade to the highest point of the roof surface. A weighted average on the perimeter of the building may be utilized.

Building line means imaginary lines on a lot delineating the closest points from lot lines, public streets, planning areas or project area boundaries or other applicable perimeter lines, where any main building may be constructed.

Club means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to render a service carried on as a business.

Commercial animal establishment means any pet shop, grooming shop, dog training facility, boarding or breeding kennel, or other establishment which handles live animals, excluding veterinary facilities and hospital for animals.

Dedicated land means land area transferred to the Town by deed or other legal method approved by the Town Attorney. Land so transferred and accepted by the Town shall be utilized for public or community purposes, as approved by the Board of Trustees.

Dependent mobile home means a mobile home not containing complete bathroom facilities.

Developer means any person, corporation, joint venture, partnership or other entity which applies to the Town for any of the following services: annexation, zoning, subdivision, site plan, variance or other administrative, quasi-judicial or legislative function of the Town.

Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.

Disposition means a contract of sale resulting in the transfer of legal and equitable title to an interest in subdivided land; a lease or an assignment of an interest in subdivided land; or any other conveyance of an interest in subdivided land.

Dog breeder means any person who is engaged in the operation of breeding and raising dogs for the purpose of selling, trading, bartering, giving away or otherwise transferring the same.

Domesticated animals means animals accustomed to living in or about the habitation of persons, but of a nature more suited to be outdoors, including but not limited to cats, dogs, birds, such as parrots, cockatiels, parakeets and the like; excluding: swine or pigs of any species, fowl, including but not limited to peacocks, ducks, turkeys, and chickens unless subject to Section 16-1-215 of this Code.

Dwelling means any building or portion thereof which is used as the private residence or sleeping place of one (1) or more human beings, but not including hotels, motels, tourist courts, clubs, hospitals, mobile homes or similar uses.

Dwelling, multiple-family means a building, or portion thereof, designed for or occupied by three (3) or more families living independently of each other.

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

Dwelling, two-family means a detached building designed exclusively for occupancy by two (2) families living independently of each other.

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

Easement means an acquired right of use, interest or privilege in land owned by another, which interest is recorded in the real estate records of the County.

Evidence means any map, table, chart, contract or any other document or testimony prepared or certified by a qualified person to attest to a specific claim or condition.

Excavating means the mechanical removal of earth material.

Family means a group of persons related by blood, marriage or adoption, living together normally, but not always consisting of one (1) or two (2) parents and their children, or persons living together in the relationship and for the purpose of guardian, ward or foster family who may not necessarily be related by blood or marriage to the head of the household, or a group of not more than four (4) unrelated persons living together in a dwelling unit.

Final plat means the map or plan of record of a subdivision and any accompanying material, as described in Article III of this Chapter.

Grade (ground level) is the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, said ground level shall be measured at the sidewalk.

Grading means the vertical location of the ground surface.

Group home means a residential setting for at least four (4), but no more than eight (8), individuals with disabilities, including intellectual and developmental disabilities, where services and support are provided.

Home occupation means any use conducted principally within a dwelling and carried on by the inhabitants therein, without paid assistants, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The individual office of a professional man or woman or artist without assistants shall be considered a home occupation, but the conducting of a clinic, hospital, barber shop, beauty parlor, tea room, tourist home, animal hospital or any similar use shall not be deemed to be a home occupation.

Horse means a large solid-hoofed herbivorous ungulate mammal domesticated since prehistoric times and used as a beast of burden, a draft animal or for riding. Horse includes pony, mule, burro, and miniature horse as defined below.

Hospital means any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons and including sanitariums, but not including clinics, rest homes and convalescent homes.

Hotel means any building designed for occupancy as the more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six (6) or more guest rooms, and in which no provision is made for cooking in any individual room or suite.

Kennel means any premises, building or structure in or on which four (4) or more animals of more than four (4) months of age are harbored.

Kennel, commercial means any place where more than three (3) dogs over four (4) months of age are owned, kept, boarded, bred and/or offered for sale; or eight (8) or more dogs, breeding or nonbreeding, are harbored, and upon which a person breeds more than two (2) litters in a calendar year.

Kennel, private means any premises, building or structure in or on which more than three (3) and less than eight (8) nonbreeding dogs of more than four (4) months of age are harbored.

Livestock means cattle, sheep, goats, llamas, alpacas and emus of all sizes.

Lot means a parcel of real property as shown with a separate and distinct number or letter on a plat recorded in the records of the County or, when not so platted, in a recorded subdivision a parcel of real property abutting upon at least one (1) public street and held under separate ownership.

Lot area means the total horizontal area within the lot lines of a lot.

Lot line, front means the property line dividing a lot from a street. On a corner lot, only one (1) street line shall be considered as a front line, or the house will be addressed to ensure that setbacks may be met.

Lot line, rear means the lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line.

Lot line, side means any boundary of a lot that is not a front or rear lot line. On a corner lot, a side lot line may be a street lot line.

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

Maintenance means the replacing, repairing or repainting of a portion of a sign structure, periodic changing of bulletin board panels or renewing of copy that has been made unusable by ordinary wear and tear, weather or accident.

Miniature horse means a smaller version of the horse, determined by the height of the animal, which is usually less than thirty-four (34) to thirty-eight (38) inches, as measured at the wither, and retaining horse characteristics. In accordance with the Americans with Disabilities, miniature horses that have been individually trained to do work or perform tasks for people with disabilities shall be permitted where reasonable. Factors to consider for accommodation are whether: the animal is housebroken; under the owner's control; the facility can accommodate the animal's type, size, and weight; and the animal's presence will not compromise the legitimate safety requirements necessary for safe operation of the facility.

Mobile or manufactured home means a prefabricated home built all or mostly in factories, rather than on site; and can be assembled in modular sections. They are designed for year-round living in one (1) place. They must be manufactured after 1976 and certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401, et seq., as amended (commonly referred to as the "HUD" Code; effective in 1976) and all regulations enacted pursuant thereto, including any local modifications that are expressly allowed by federal law, or which have been certified by the State as being in compliance with the requirements of the Uniform Building Code as adopted by the State and enforced and administered by the Colorado Division of Housing.

Nonconforming building means a building, structure or portion thereof conflicting with the provisions of this Chapter applicable to the zone in which it is situated.

Nonconforming use means the use of a structure or premises conflicting with the provisions of this Chapter.

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

Open space means land areas within a subdivision, generally smaller in scale than open lands, which have been left free from structures, parking lots and roads. These types of areas generally benefit the residents or employees of the particular subdivision and usually remain in private ownership. For example, common areas within a condominium project are highly valued by the residents but have little value to the remainder of the Town.

Owner means a person as defined by this Chapter who, alone, jointly or severally with others or in a representative capacity (including, without limitation, an authorized agent, executor or trustee), has legal or equitable title to any property in question.

Person shall also include association, firm, co-partnership or corporation.

Plat means the maps and supporting materials of a proposed subdivision, prepared in accordance with the requirements of this Chapter and utilized as an instrument for recording real estate interests with the County Clerk and Recorder.

Preliminary plan means the map of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with Article III of this Chapter to permit the evaluation of the proposal prior to final engineering and design.

Professional breeder means any person who breeds animals of any species for profit or who produces more than two (2) litters or such of a similar nature, in any one (1) calendar year.

Professional office means an office for professions such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, realtors, teachers, accountants and others who, through training, are qualified to perform services of a professional nature, and where no storage or sale of merchandise exists.

Public facility means a building or structure owned and operated by a governmental agency to provide a governmental service to the public.

Public water and public sewer facilities means those facilities of a municipality, public utility, nonprofit corporation, sanitation or water or other special district, which are constructed, operated and maintained to provide water or sewerage service and approved by the County Health Officer.

Quasi-public facility means a use or facility owned or operated by a nonprofit, religious or eleemosynary institution and providing educational, cultural, recreational, religious or similar types of programs.

Recreational vehicle means a structure designed for use as a temporary dwelling or sleeping accommodation for travel, recreation and vacation uses, including, but not by way of limitation, travel trailers, self-contained travel trailers, pickup campers, tent trailers and motorized homes.

Religious assembly, place of means a use category comprised of structures or places in which regular worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held, together with its accessory buildings and uses (including buildings used for educational and recreational activities), operated, maintained and controlled under the direction of a religious group. Accessory uses include, but are not limited to, school facilities, parking, caretakers' housing, pastors' housing, day care and group living facilities, such as convents. Examples include churches, temples, synagogues and mosques.

Retirement/group housing services means housing designed for and marketed to persons of retirement age (typically fifty-five (55) years and older) that provides independent living accommodations with optional supportive services, such as meals, housekeeping, transportation, and recreational activities. These facilities typically do not provide the level of personal care, protective oversight, or regular supervision that is found in assisted living services. Examples include independent living communities, retirement villages, and active adult communities. This definition does not include facilities that provide medical or nursing care as a primary service or assisted living services as defined in this code.

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

Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition. A service animal that is not otherwise defined as a horse or livestock shall be exempt from any numerical limitations on animals set forth herein.

Sexual encounter establishment means a business or commercial establishment that, as one (1) of its primary business purposes, offers, for any form of consideration, a place where two (2) or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one (1) or more of the persons is in a state of nudity. An adult motel will not be classified as a sexual encounter establishment by virtue of the fact that it offers private rooms for rent.

Sexually oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment or nude model studio. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.

Short term rentals (STRs) are dwelling units, or a portion thereof, which are rented to guests nightly, weekly, or for a duration of less than thirty (30) consecutive days, and excluding (1) a permitted commercial accommodation, (2) ongoing month-to-month tenancy granted to the same renter for the same dwelling, or (3) a house exchange for which there is no payment.

Site area, gross means total ground area purchased by the present owner, including any proposed portions to be dedicated or improved for public use.

Site area, net means the remaining ground area of the gross site after deleting all portions for public use or public improvement.

Site plan means the plans and supplemental materials, including a grading and drainage plan, a landscape plan and other detailed information, drawn and submitted in accordance with Article II of this Chapter, to evaluate a project prior to issuance of a building permit for multi-family, business, commercial, industrial and planned development projects.

Sketch plan means a map of a proposed subdivision and specified supporting materials drawn and submitted in accordance with Article III of this Chapter to evaluate feasibility and design characteristics at a conceptual state in the planning.

Specified sexual activities includes any of the following:

a.

The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts.

b.

Sex acts, normal or perverted, actual or simulated, including but not limited to intercourse, oral copulation, sodomy, sadomasochism or bestiality.

c.

Masturbation, actual or simulated.

d.

Human genitals in a state of sexual stimulation, arousal or tumescence.

e.

Excretory functions as part of or in connection with any of the activities set forth in Subparagraphs a. through d. above.

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

Structure means anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six (6) feet in height, poles, lines, cables or other transmission or distribution facilities of public utilities.

Subdivision or subdivided land means any parcel of land which is to be used for condominiums, apartments or any other multiple-dwelling units, unless such land was previously subdivided and the filing accompanying such subdivision complied with municipal regulations applicable to subdivisions of substantially the same density, or the division of any tract of land, lot or parcel into two (2) or more lots, parcels, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or transfer of ownership, or to offer for sale or development. Lots, tracts, blocks and other subdivisions shall be designated in accordance with this Chapter.

Subdivision improvements agreement means one (1) or more security arrangements which the Town shall accept to secure the actual cost of construction of such public improvements as are required by this Chapter.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: (a) before the improvement or repair is started; or (b) before damages occurred if the structure is damaged.

Therapy animal means an animal provided by prescription or otherwise, that is used to provide comfort and affection to a person other than its handler and is not specifically trained to address a specific need of a disabled person. A therapy animal that is not otherwise defined as a horse or livestock shall be exempt from any numerical limitations on animals set forth herein.

Townhouse means one (1) of a row of houses joined by common sidewalls (party walls), but shall not include separate units stacked one (1) above the other. This includes duplexes.

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

Width of lot means measured at feet twenty-five (25) feet back from the front property line.

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

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 the building.

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 the building.

Yard, side means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building or accessory building attached thereto.

(Ord. 09-09 §1; Ord. 10-07 §1; Ord. 12-02 §1)

(Ord. No. 19-15, § 1, 6-25-2019; Ord. No. 24-02, § 3, 4-9-2024; Ord. No. 25-08, § 2, 5-27-2025)