(A)

For the purpose of these regulations, certain numbers, abbreviations, terms, words, and phrases used herein shall be used, interpreted, and defined as set forth in this Article.

(B)

Whenever any words and phrases used herein are defined in the State laws regulating the creation and function of various planning agencies, such definition shall apply to such words and phrases used herein, except when the context requires otherwise.

(C)

For the purpose of these regulations, certain words and phrases used herein shall be interpreted as follows:

1.

The word "person" includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other legal entity.

2.

The masculine includes the feminine.

3.

The present tense includes the past and future tense; the singular number includes the plural.

4.

The word "shall" is a mandatory requirement; the word "may" is a permissive requirement; and the word "should" is a preferred requirement.

5.

The words "used" or "occupied" include the words "intended, arranged, or designed to be used or occupied."

6.

The word "lot" includes the words "plot, parcel, and tract."

(D)

All other words not defined shall be defined according to the 2011 (or newer) edition of Webster's New Collegiate Dictionary.

(Ord. 2015-3, §1, 1-4-2016)

For the purpose of this UDC, certain words and terms are defined as follows:

A

Accessory building or structure is a building or structure that is located on the same parcel as the principal structure and the use of which is customarily associated with, incidental and subordinate to, the principal structure. Accessory structures should constitute a minimal investment, may not be used for human habitation except as otherwise prescribed by the regulations relating to quarters for immediate relatives and resident domestic employees, and be designed to have minimal impact on adjoining properties. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, hay sheds, and lean-tos.

Accessory dwelling unit (ADU) is an attached or detached dwelling unit that is accessory and subordinate in size and character to a principal building situated on the same lot or parcel.

Accessory use means a secondary use on a property that is incidental and subordinate to a primary use located on the same property, and which does not alter or change the character of the premises.

Accessory structure means a structure or building customarily and commonly associated with and clearly subordinate to a lawfully existing Principal Building located on the same lot. An accessory structure is not permitted on a lot unless a principal building is in existence and in use on the same lot. Truck trailers and shipping containers shall not be used as accessory structures. Industrial shipping containers are not a permitted accessory structure in any zone district.

Adjacent property means any property abutting upon or tangent to any lot line of the subject property, disregarding intervening public streets and alleys.

Administrator means the Town Administrator or his/her designee who administers and enforces the provisions of the Unified Development Code or Building Codes.

Alley means a public or private right-of-way designed to serve as a secondary access by motor vehicles to the side or rear of a lot or building whose principal frontage is on a public street or some other principal right-of-way.

Antenna array or wireless telecommunications antenna array means one or more rods, panels, discs, or similar devices used for the transmission or receptions of radio frequency signals, which may include omni-directional antennas (whip), direction antennas (panel), and parabolic antennas but excluding any support structure.

Antique vehicle means a motor vehicle valued principally because of its early date of manufacture or historic character or design, and which if not operable is substantially intact. A junked vehicle shall not qualify as an antique vehicle.

Apartment building means a detached structure containing three (3) or more separate, independent dwelling units for rent, each unit housing one (1) family living together as a single housekeeping unit, but not including condominiums, motels, hotels or similar commercial facilities.

Applicant means the owner, owners, or legal representative of land who makes application to the Town of Fairplay. Written consent shall be required from the legal owner of the premises.

Architectural detail means any projection, relief, cornice, column, change of building material, window, or door opening on any building.

Architectural projection means any projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building, including arcades, roof overhangs, mansards, unenclosed exterior balconies, marquees, canopies, pilasters, fascias and the like, but not including signs.

Art galleries and museums means public or semipublic uses whose primary use is to enhance the appreciation of its visitors for past and present cultural practices and events, through the use of exhibits, tours, demonstrations, audiovisual technologies, and similar communications media.

Assisted living facility means a residential facility where limited health care is provided including assistance with daily activities such as dressing, grooming and bathing, and/or taking medicines are provided for the aged or any other reasonably independent person in need of nursing care. These facilities do not contain equipment for surgical care or treatment of disease or injury and are not primarily designed for patients with mental illness, alcohol, or drug addiction. Assisted living facilities have private rooms that are not shared by non-related persons.

Automated teller machine (ATM) means an electronically operated devise used to conduct financial transactions on site by means of direct computerized access.

Automotive fuel station means any land, building, structure, or premises used for the retail sale of motor vehicle fuels, oils, or accessories.

Automotive rental means any land, building, structure, or premises used for the rental of motor vehicles on a temporary basis, and including any incidental storage thereof.

Automotive repair/body shop means any land, building, structure, or premises used for the general repair of automobiles including but not limited to engine rebuilding or reconditioning of motor vehicles; engine steam cleaning; transmission welding or rebuilding and installation; collision service such as body, frame and fender straightening and repair; and painting of motor vehicle after a collision, fire damage, water damage, or other natural disaster or for the purpose of restoration. Automobile repair/body shop may also include automotive service, as defined.

Automotive sales means any land, building, structure, or premises used for the sale or lease of new or used motor vehicles. Automotive sales may include automotive repair and automotive service. See also automotive repair and automotive service.

Automotive service means any land, building, structure, or premises used for the routine maintenance of automobiles and limited servicing of automobiles including but not limited to the sale and installation of oil, lubricants, filters, batteries, tires, brakes, belts, and other similar activities or for installing or repairing parts and accessories but not to include the activities of automobile repair/body shop as defined.

Average daily traffic (ADT) means the estimated daily average number of vehicular travelers on a street in a twenty-four-hour period.

Awning means a movable shelter supported entirely from the exterior wall of a building and of a type which can be retracted, folded or collapsed against the face of the supporting building.

B

Bicycle way means a public pathway or land designed to be used exclusively by bicycle traffic and clearly separated from roadways and pedestrian ways.

Block means a unit of land within a subdivision, generally bounded by public or private right-of-way (other than alleys) and normally comprised of one or more lots.

Board means the Board of Trustees.

Board of Adjustment. In the absence of a separate Board of Adjustment, the Board of Trustees will serve in that capacity.

Bar, tavern or lounge means premises used primarily for the sale and dispensing of liquor by the drink for on-site consumption and where food may be available for consumption on the premises as accessory to the principle use.

Basement means that portion of the building that is underground but having at least half its clear height below the average grade of the adjoining ground.

Bed and breakfast establishment means an owner-occupied dwelling unit providing overnight accommodations and breakfast to the public for compensation for ten (10) or more days in a 12-month period.

Block means a unit of land within a subdivision, generally bounded by public or private right-of-way (other than alleys) and normally comprised of one or more lots.

Brewpub means a commercial use which brews ales, beers, meads, and/or similar beverages on-site and serves those beverages on-site.

Building means any structure designed, built, and used for the shelter, protection, or enclosure of persons, animals, or property, and which is permanently affixed to the land. A building is also a structure.

Building envelope means the setback lines or other defined area that establishes an area on a lot in which a building and related activities can occur.

Building frontage means the length of an outside building wall on a dedicated public or private street.

Building height means the distance measured on a vertical plane from the average historic or preconstruction grade of the building's site coverage, or from the post-construction grade at the perimeter walls of a building or structure, whichever is lower, to (1) the highest point of the coping of a flat roof; (2) the highest point along the ridge or deck line of a mansard roof; or (3) to the midpoint of the highest gable of a pitched, shed or hipped roof measured from the highest associated eave. Chimneys, antennae, flag poles, bell towers, spires, steeples, vents or other roof or building appurtenances extending from the surface of a roof shall not be measured in calculating building height; however, such appurtenances shall not extend more than ten (10) feet above the building height absent a duly approved variance, except for mechanical equipment, which may not extend more than five (5) feet above the building height.

Building official means that person or office designated by the Board of Trustees to carry out the duties of the Building Inspection Department.

Building, principal means a building in which is conducted the main or principal use of the lot in which said building is situated.

Building separation means the least distance between the walls of two (2) structures regardless of whether they are located on the same lot or parcel.

C

Camper coach means an item of mounted equipment, which, when temporarily or permanently mounted on a motor vehicle, adapts such vehicle for use as sleeping and/or temporary living accommodations.

Camper trailer means a non-motorized vehicle having an overall length of less than twenty-six (26) feet and which is designed to be drawn by a motor vehicle over public highways and commonly and generally used for temporary living and/or sleeping accommodations.

Camping means the taking up of temporary residence in a tent or recreational vehicle on private property in any zone district in which camping is permitted in Section 16-5-30. Camping for a period in excess of seven (7) consecutive days, or for more than twenty-eight (28) days in a six-month period is prohibited. No camping is allowed on public streets, public rights-of-way, publicly-owned property (other than approved and posted public campgrounds) or unimproved private property.

Car wash means a building or portion thereof containing facilities for washing one (1) or more automobiles simultaneously, using production line methods such as a chain conveyor, blower, steam cleaning device, or other mechanical devices, or providing space, water, equipment, or soap for the complete or partial cleaning of such automobiles, whether by operator or by customer.

Child day care center means a nonresidential facility which provides regular care and supervision for any number of children during the day for compensation.

Child day care home means a residential dwelling, licensed by the State, regularly providing, for a fee, less than twenty-four-hour care for up to twelve (12) children under the age of eighteen (18) years and operated by a person who resides in the same dwelling where the care is provided.

Church means a place of worship, a church, Sunday school, synagogue, temple, mosque or any other such building or buildings used as a house of worship or religious gathering. Said buildings may include such kitchen and lavatory facilities as may be needed to serve their purpose as a public gathering place. Places of worship are expressly not to be designed for nor used as sleeping quarters.

Commission means the Planning Commission. In the absence of a Planning Commission, the Board of Trustees shall serve in that capacity.

Club or lodge, private means an association organized and operated on a non-profit basis for persons who are bona fide members paying dues, which association owns or leases premises, the use of which premises is restricted to such members and their guests, and which manages the affairs of such association by and through a board of directors, executive committee or similar body chosen by the members. Food, meals, and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. This includes fraternities and sororities.

Co-location means a space on an existing or proposed telecommunication tower that can be used for the installation and/or mounting of antennas or radio or cellular communication equipment that operates on a different frequency from the initial user.

Compatible means a structure, planned development, and/or use that is capable of existing together in harmony with its surrounding structures, planned developments, and/or uses forming a homogeneous mixture that neither separates from nor alters its surroundings causing attention to be drawn to the proposed structure, planned unit development, and /or use.

Comprehensive Plan means the plan known as the Town of Fairplay Comprehensive Plan adopted by the Board of Trustees, pursuant to CRS Section 31-23-201, et seq., and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.

Condominium means a type of real estate comprised of individual ownership of air space unit together with an interest in common elements and the underlying land. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

Cul-de-sac means a short street having one (1) end open to traffic and being terminated at the other end by a vehicular turnaround.

Curb means a concrete boundary marking the edge of a street or other paved area and providing for a change in grade between the street surface and the adjacent unpaved portions of the street right-of-way.

D

Dead-end street means a street leaving only one (1) outlet for vehicular traffic which does not meet the standards or definition of cul-de-sac.

Dedication means the transfer of land or monies in lieu of land by the owner to the Town for some public use. Acceptance of dedication does not necessarily constitute acceptance of maintenance by the Town, unless specifically agreed to in writing.

Density means the total number of dwelling units on any lot or other parcel of land planned for residential development, or total number of buildings on any lot or other parcel of land.

Developer means the owner or his legal representative of land proposed to be subdivided.

Development agreement means a written instrument setting forth the terms and conditions under which a subdivision or other land development project will be implemented and addressing such items as subdivision infrastructure/improvements, public dedications, construction schedules, financial security, vesting and any other matter required under the Town's subdivision regulations or as deemed necessary by the Town.

Drainage easement means an interest in land or right necessary to control drainage. Development on such easement shall be restricted to uses which would not interfere with the flow of the water or act as a barrier for debris.

Drive-thru service means an opening or openings in the wall of a building or structure designed and intended to be used to provide for sales and/or service to patrons, who remain in their vehicles, of products that are used or consumed off-site.

Dwelling unit means one (1) or more rooms connected together but structurally divided from all other rooms in the same structure and constituting a separate independent housekeeping unit for permanent residential occupancy by human beings, with facilities for sleeping, cooking and eating. For purposes of computing comparable dwelling unit bulk requirements, every two (2) beds in any boarding and rooming house or dormitory shall be considered to be one (1) dwelling unit. Every eight (8) beds in any orphanage, rest home, convalescent home, nursing home or retirement home shall be considered to be one (1) dwelling unit.

Dwelling, multiple-family means a detached structure divided into three (3) or more separate, independent dwelling units, each unit housing one (1) family living together as a single housekeeping unit, but not including motels, hotels or similar commercial facilities.

Dwelling, single-family means a detached principal dwelling, including manufactured housing other than a mobile home, designed for or used as a dwelling exclusively by one (1) family.

Dwelling, two-family means a building, including manufactured housing, having one (1) or more walls in common with another dwelling unit, or constructed in an over-under configuration, used by two (2) families living independently of each other in separate dwellings, and includes duplexes.

E

Easement means an interest in land or a right to use the land of another for a special purpose not inconsistent with the general property rights retained by the owner.

Elevation (building) means a scaled-drawing of any side of a building or structure.

F

Façade means the main exterior of a building usually characterized by elaboration of stylistic details and containing an entrance.

Family means an individual or two (2) or more persons related by blood, marriage, guardianship, or legal adoption living together as a single housekeeping unit within a dwelling unit, plus no more than two (2) domestic servants. A family may also consist of not more than three (3) unrelated persons.

Family child care home shall have the same meaning as a "child day care home."

Fence means a freestanding structure made of metal, masonry, composition, or wood, or any combination thereof, resting on or partially buried in the ground, rising above ground level designed and constructed for enclosure, confinement, protection, or screening.

Fence, open means a fence that is a minimum of sixty (60) percent transparent as viewed from the outside of the fence. This type of fence includes but is not limited to chain-link or vinyl-link without slats, split-rail or post and rail, picket, and wrought-iron.

Fence, solid/vision block means a fence that is a minimum of fifty percent (50%) opaque as viewed from the outside of the fence. This type of fence includes but is not limited to wooden or vinyl shadowbox, stockade, concave, dog-ear cut, convex, panel and/or masonry materials such as brick or stone.

Fill means any act by which earth, sand, gravel, rock, or any other material is placed, pushed, dumped, pulled, transported, or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. Fill is also the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. Fill is also the material that is placed on a surface to raise the elevation or replace stripped material.

Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

Flood Insurance Rate Map (FIRM) means a map or maps prepared under the National Flood Insurance Program by the Federal Emergency Management Agency (FEMA).

Floodplain means the relatively flat or lowland area adjoining a river, stream, watercourse, lake or other body of surface water which has been or may be covered temporarily by flood water. For administrative purposes, the flood plain may be defined as the area that would be inundated by the base flood as delineated by the Federal Insurance and Hazard Mitigation Agency, or other recognized source.

Floor area means the area within the outside walls of a building measured on a horizontal plane, but excluding vent shafts, stairwells and other uninhabitable areas or spaces.

Floodway means the channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.

Floodway fringe means those portions of the Flood Hazard Areas lying outside the Floodway as shown on the FIRM map(s).

Floor area, gross means the sum, in square feet, of the floor areas of all roofed portions of a building, as measured from the interior walls. It includes the total of all space on all floors of a building, except for porches, garages, or space in a basement or cellar when said basement or cellar space is used for storage or other such incidental uses. The gross floor area is generally applied in residential use.

Floor area ratio (FAR) means the net floor area of the building divided by the area of the lot(s) on which such building is located.

Foster care home means a residential dwelling that is certified by the County Department of Human Services or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty-four-hour family care for a child under the age of eighteen (18) years who is not related to the head of such home, except in the case of relative care.

Foundation, permanent means a structural support system for transporting loads from a structure to the earth at a depth below the frost line without exceeding the safe bearing capacity of the supporting soil.

G

Gallery/museum means a privately-operated facility or area for the acquisition, preservation, study, exhibition, or sale of works of artistic, historic, or scientific value.

Garage, private means an accessory building detached from, or an accessory portion attached to, a main building designed for the shelter or storage of motor vehicles.

Garage, public means a garage, other than a private garage, used for the housing or care of motor vehicles, or where such vehicles are repaired or kept for remuneration, hire or sale.

Garage sale (rummage, neighborhood, estate and other similar activities) means the sale or offering for sale to the general public of personal property on any portion of a lot in any zoning district, either within or outside of a structure on a temporary basis. It includes a single-individual, a group of individuals, and/or a sale conducted by a religious, school, or not-for-profit organization.

General advertising device means any letter, words, symbols, pictures, trademarks, lights (beacon, flashing, rotating, etc.), loudspeaker, noisemaker or other descriptive matter which is placed on any object for the purpose of identifying, promoting, selling or advertising a product or service.

Golf course means any land, building, or structure used for the play or practice of golf and the incidental preparation therefore. This definition may include a driving range accessory to the golf course, but a driving range as a primary use shall not constitute a golf course.

Government offices means an office use owned or operated by a unit of government, except for fire and police stations, post offices, libraries, or other government-owned or operated uses elsewhere specified in the Table of Uses. This definition also shall not include offices that are accessory to the primary use of a lot or structure, such as parks or utility plants.

Grade means the level of the ground.

Grade, average means the mean elevation of the land measured at the front setback line between the side lot lines.

Grade, existing means the level or elevation of the ground that exists or existed prior to man-made alterations, such as grading, grubbing, filling or excavation.

Grade, finished means the elevation of the finished surface of the ground adjoining the building or structure after final grading and normal settlement.

Grading plan means a drawing(s) indicating the existing vertical elevation of the ground prior to any excavation, filling, or other construction activity and the resulting vertical elevation of the ground surface after man-made alterations have been completed.

Ground floor level means that level of a structure which is not more than three (3) feet above or three (3) below grade. It is generally the first floor of living area.

Group home means a home where a small number of unrelated people in need of care, support, or supervision can live together, such as those who are sixty (60) or more years of age or developmentally disabled.

Guyed tower means a telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors.

H

Hardscape means the non-living elements used in landscape such as decorative walls, ledges, fountains, sculptures, stone paths, etc.

Hardship means the exceptional burden that would result from failure to grant a requested variance, which may be caused by atypical, unusual, and peculiar factors or features of the property involved. Mere economic or financial hardship alone is not enough to claim a hardship. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot qualify as a hardship.

Height, sign means the vertical distance measured from the highest point of the sign to the finished grade of the ground immediately beneath the sign. For those instances when the sign is constructed on an artificially constructed earthen berm, the sign height shall be measured from the highest point of the sign to the base of the earthen berm.

Highway, state means a road designated, in the manner provided by law, as a state highway, right-of-way or parcel of real property owned by the State, or a governmental subdivision thereof, as a part of a projected road to be constructed and designated as a state highway in the future.

Home business means use of a single-family residential structure which does not meet the definition of a home occupation, but complies with the requirements of this Chapter. A home business would consist of uses allowed in the applicable zone district which may include commercial activities, services and/or similar uses and typically would be more intense than a home occupation, due to factors such as intensity of use, sales, services and/or clients coming to the business.

Home occupation means a business conducted entirely within a dwelling, or within an accessory building attached to or associated with a dwelling, and carried on by a full-time resident thereof and which is clearly incidental and secondary to the primary use of the dwelling for dwelling purposes and which complies with the standards set forth in the UDC; and excepting what are commonly known as garage sales or rummage sales conducted on an occasional basis (Garage sales shall not exceed four (4) sales of three (3) consecutive days each per calendar year, or one sale per calendar year lasting no more than fourteen (14) consecutive days.)

I

Improvements means, without limitation, street grading, paving and curbing, fire hydrants, public and private utilities, storm sewers and drains, pedestrian and bicycle ways, crosswalks, street shade trees and landscaping, common open space and such other improvements as may be designated by the Town.

Improvements agreement guarantee means financial security which secures the timely and/or satisfactory construction or installation of improvements necessary or required to serve a subdivision, including performance bonds, escrow agreements or other similar collateral or surety agreements.

Illumination means an artificial light source incorporated internally or externally for the purposes of illuminating the sign.

Illumination, bare bulb means a light source which consists of light bulbs with a twenty (20) watt maximum wattage for each bulb.

Illumination, flood means a light source which shines directly upon the object which it is intended to illuminate.

Illumination, halo-lit means individually mounted opaque, internally backlit letters that illuminate the wall or surface to which they are attached.

Illumination, indirect means a light source which does not directly shine upon the object which it is illuminating.

Illumination, internal means a light source that is concealed or contained within the object which it is intended to illuminate and becomes visible in darkness through a translucent surface.

Impervious surface means a surface that does not allow water to be absorbed or percolate into the ground. Such surface include areas covered by buildings, porches, decks, patios, terraces, swimming pools, stoops, tennis courts and also includes surfaces constructed of asphalt, concrete, gravel composite, brick, stone, tile, or any other paving material used for parking, driveways, and walkways.

Improvement means any alteration to the land or other physical constructions associated with subdivision and building site development.

Improvement, public means any drainage ditch, roadway, sidewalk, tree, lawn, off-street parking area, main, or other facility for which the local or state government may ultimately assume the responsibility for maintenance and/or operation, or which may affect an improvement for which local or state government responsibility is established.

Individual sewage disposal system means a septic tank, seepage tile, sewage disposal system, or any other approved sewage treatment device designed for use in a limited area.

J

Jail or correctional facility means the use of land for the confinement or safe custody of persons as a result of a legal process and may include attendance centers established for persons sentenced to serve periods of community service.

Junk means manufactured materials that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, such as scrap metal and alloys, scrap paper products, rags, used cloth, plastic, rope, rubber, tinfoil, bottles, old and used machinery of any type, used tools, appliances, fixtures, utensils, lumber, boxes or crates (fabricated of any material), pipe fittings, conduit or conduit fittings, automobiles in non-operative condition, tires, etc., and bones.

Junked vehicle means a motor vehicle that is in a state of disrepair or disassembly and/or is inoperable or exhibits signs of physical deterioration, including rust or the loss of exterior paint and parts, or is damaged to the extent that it has value only for parts, salvage or junk, and includes wrecked vehicles.

Junkyard means an open area where any waste, junk or used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metal, paper, rags, rubber tires and bottles. Junk yard also includes an auto-wrecking yard for the storage or keeping of one (1) or more inoperative motor vehicles (except where otherwise specifically permitted), but does not include uses established entirely with enclosed buildings.

K

Kennel means any building, structure or open space devoted in its entirety or in part to the raising, boarding or harboring of four (4) or more adult dogs and/or four (4) or more adult cats.

Kennel, private means a place for keeping three (3) or less dogs, cats, or other small animals for personal use and enjoyment which are primarily kept indoors at a residence as domestic pets and is subordinate to the primary use.

Kiosk means a small structure, typically located within a pedestrian walkway or similar circulation area, and intended for use as a key, magazine or similar type of small shop or for use as display space for posters, notices, exhibits, etc.

L

Laboratory means a building or portion of a building devoted to the experimental study in science or the testing and analysis of chemicals, drugs, minerals, etc.

Land-use map, future (FLUM) means the map in the Fairplay Comprehensive Plan that identifies future land-use designations in and around the Town of Fairplay and is used for determining zoning and other land-use designations for property.

Landscaping means the improvements of an area with trees, shrubs, grasses and other vegetation and/or ornamental objects. Landscaping may include flowerbeds, berms, fountains, and other similar and man-made objects designed and arranged to create an aesthetically pleasing effect.

Landscape area means areas on or adjacent to a lot or right-of-way or the perimeter of a development that are identified for application of landscaping regulations. Landscape areas include street tree plantings, parking lots including islands and perimeter, foundation planting areas, building base landscaping areas, peripheral buffer yard areas and retention/detention pond areas.

Landscape buffer yard means an area adjacent to the front, side, and rear property lines of a development, measured perpendicularly from and parallel to adjacent property lines and/or right-of-way lines, intended to provide attractive spaces to reduce the impacts of proposed uses on adjacent properties and rights-of-way, or to maintain natural features. Buffers help to maintain existing trees and natural vegetation; to block or reduce noise, glare, or other emissions; and to maintain privacy.

Landscape island means a landscape area defined by a curb or edge of pavement and surrounded on all sides by pavement.

Landscape materials means trees, shrubs, grasses, plants, decorative fences, walls, berms, irrigation systems, flower beds, ground cover, and edging. Non-living elements such as artificial trees, gravel, wood etc., are not considered landscape material.

Lattice tower means a guyed or self-supporting three (3) or four (4) sided, open, steel frame structure used to support telecommunications equipment.

Letter of credit means an irrevocable letter of credit, issued by a bank on behalf of a developer, subdivider, owner, or their designated representative, providing a cash surety to a governmental body, guaranteeing the completion of physical improvements according to the approved plans and specifications, within a prescribed time.

Light source means a source from which light emanates either directly from a bulb or indirectly from a reflective enclosure, lens, or diffuser. Light level meters are used to measure such intensities and are calibrated in foot candles or Lux.

Livestock means domestic animals of types customarily raised or kept on farms or ranches for profit or other productive purposes.

Loading space, off-street means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.

Logo means the official emblem or insignia of an organization, corporation, or institution.

Lot area means the area of any lot exclusive of street, highway, alley, road, or other rights-of-way, the area of the horizontal plane of the lot bounded by the vertical plans of the front, side, and rear lot lines. Easements are considered to be part of the lot area.

Lot coverage means that portion of a lot covered or permitted to be covered by structures, including accessory structures, also known as building coverage.

Lot line, front means that boundary line of a lot which parallels a street and towards which the principal structures on such lot face or are proposed to face; the common boundary line between an interior lot (other than a through lot) and a street; the common boundary line between a corner lot (other than a through lot) and that street toward which the principal or usual entrance to the main building situate on such lot more nearly faces; or the common boundary line between a through lot and any adjacent street.

Lot line, rear means that boundary line of a lot which is opposite the front line or, in the case of an irregular lot, that boundary line which is determined by the Town from the orientation of existing structures in the vicinity to be the rear lot line.

Lot line, side means that boundary line of a lot which is neither a front nor a rear lot line.

Lot means a basic land development unit which has fixed boundaries, is not divided by any public street or alley, and is used or intended to be used by one (1) or more principal permitted uses. Lot also means parcel of land occupied or designed to be occupied by a main building and the accessory buildings or uses customarily incidental to such main building, including the open spaces required by this Chapter, and such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not be the land shown as a lot on a duly recorded plat.

Lot depth means the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

Lot frontage means the front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "yards" in this Section.

Lot line adjustment means a division made for the purpose of adjusting a boundary line(s), which does not create any additional lot; cause any lot to contain insufficient area, dimensions or building setbacks, or reduce the overall area in a subdivision plat devoted to open space and which is not inconsistent with any restrictions or conditions of approval for the recorded plat, and does not have a common boundary and does not circumvent the subdivision procedures.

Lot of record means a lot which is part of an approved recorded subdivision, which has been filed with the Park County Clerk and Recorder's Office. For purposes of this Chapter, the term legally described lot shall be synonymous with the term lot of record.

Lot width means the shortest distance between any two (2) lot lines of a lot which are intersected by the same front lot line.

Lot, corner means a lot of which at least two (2) intersecting sides each abut upon a street.

Lot, interior means a lot other than a corner lot.

Lumen means a unit used to measure the amount of light emitted by lamps.

Luminaire means the complete lighting system including the lamp and fixture.

Lux means the unit of luminance in the International System of Units (SI) equal to one (1) lumen per square meter.

M

Major automotive repair means those automotive repairs which include, but are not limited to, the removal or replacement of major component parts including, but not limited to, motors, axles, transmissions, drive shafts and radiators. For purposes of this Chapter, all body work shall be classified as major automotive repair.

Machinery and equipment repair means an establishment providing repair for heavy machinery or equipment, such as farm or construction equipment.

Major subdivision means all those subdivisions which do not meet the requirements of a minor subdivision as herein defined.

Manufacture means all operations required to produce the material named.

Manufacture, basic means the first operation or operations which transform a material from its raw state to a form suitable for fabrication.

Manufactured housing means a structure which is certified under the National Manufacture Housing Construction Standards Act of 1974 and was issued an insignia of approval by the U.S. Department of Housing and Urban Development and has not been altered in violation of applicable codes and was manufactured after June 15, 1976.

Minor automotive repair means for purposes of this Chapter, minor automotive repairs are those repairs including, but not limited to, chassis and axle lubrication; changing motor oil and oil filter; replacement of spark plugs and distributor points; changing or repairing tires; replacement of brake shoes, shock absorbers, and exhaust systems; carburetor repair; and other similar adjustments, repairs and replacements necessary for general automotive maintenance which do not involve the removal or replacement of major component parts or body work.

Minor subdivision means the subdivision of land into four (4) or fewer lots, all which abut an existing street, and which does not involve or require the installation or extension of a new water or sewer main or the installation of other public improvements beyond curb, sidewalk and gutter.

Mobile home means a vehicle or similar portable structure not certified under the National Manufactured Housing Construction Standards Act of 1974 which is used for temporary or permanent living purposes, is connected to water and sanitation facilities in compliance with the Plumbing Code, can be used for human occupancy on a continuous basis and does not fall within the definition of manufactured housing.

Mobile home park means land or property utilized for or intended for the use of renting occupancy spaces for one (1) or more mobile homes.

Monopole means a telecommunication tower consisting of a single-pole constructed without guy wires and ground anchors.

Monument means any permanent marker either of stone, concrete, galvanized iron pipe, or iron or steel rods, used to identify the boundary lines of any tract, parcel, lot, or street lines.

Motel means a building in which lodging is offered with or without meals principally to transient guests and that provides each unit with individual entrances from the outdoors.

Motor home means a motorized vehicle designed to provide temporary living quarters and which is built into, as an integral part of or a permanent attachment to, a motor vehicle chassis or van, but does not include mobile homes.

N

Natural drainage means drainage channels, routes, and ways formed over time in the surface topography of the earth prior to any modifications or improvements made by unnatural causes and/or human intervention.

Natural features means the physical characteristics of a property or area that are not man-made, such as soil types, geology, slopes, vegetation, and drainage patterns.

Nonconforming lot is any lot or parcel of land which was lawfully created or in existence under previous regulations, but which no longer conforms to or satisfies the current dimensional or other requirements for a lot in the zone district in which it is located.

Nonconforming structure means any structure which was lawfully in existence, erected or altered in conformity with the Town's zoning and building regulations on the date of its construction, but which structure does not comply with all of the current provisions of the zoning and building regulations established for structures in the district in which the structure is located.

Nonconforming use means any use which was lawfully established or operated in accordance with the provisions of the Town's zoning regulations at the time it was first established, but which is no longer in conformity with the use regulations currently governing the zone district in which the use is located.

Nursery, plant materials, primary means land, buildings, structures, or combination thereof for the storage, cultivation, transplanting of live trees, shrubs, or plants offered for retail sale on the premises including products used for gardening and landscaping.

Nursery, plant materials, accessory means land, buildings, or structures for the use of offering live trees, shrubs, or plants for retail sale on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, building, and/or structure.

O

Off-street loading space means an off-street space or area, either within a structure or without a structure on the same lot, provided and maintained solely for loading and unloading of materials and merchandise and having direct and unobstructed access to a street or alley.

Off-street parking space means a reasonably level off-street area or space, either enclosed or open and if open, surfaced to an extent to permit the reasonable use thereof under all weather conditions and used exclusively for the temporary storage or parking of motor vehicles and having direct and unobstructed access to a street or alley.

Office means a use that provides professional, administrative, or business related services. This definition also includes welfare and charitable services. Production, distribution, or the retail or wholesale of goods are not included.

Office, medical means an establishment for the care, diagnosis, and treatment of sick, ailing, infirm, or injured persons, and those who are in need of medical and surgical attention, but which building does not provide board, room or regular hospital care and services. This definition shall include clinics as well as the offices of medical doctors, physicians, dentists, or other health care practitioners.

Open space means a parcel or area of land or water which is designated for recreation (inclusive of trails and trail access), resource protection or buffering, which will provide visual and spatial relief from the mass of buildings or development in the vicinity, and which may, without limitation, include pocket or passive parks, pools or fountains, plazas and areas maintained in their natural and undisturbed state. Areas set aside for public facilities, driveways, parking lots or other areas intended for vehicular traffic shall not qualify as open space. Open space may incorporate accessory structures such as playground equipment, shelters and picnic facilities and similar structures.

Outdoor sale and/or display means the placement and availability for purchase of products temporarily placed outside of a building or structure, including but not limited to garden supplies, clothing, toys, play equipment, agricultural products, building materials, landscape materials, and bagged salt.

Overhang means the horizontal distance that the roof projects beyond the story immediately below.

Overlay district means an area that is superimposed upon another district which supersedes, modifies, or supplements the underlying district regulations.

Owner means a person, firm, corporation or other legal entity recorded as such on the records of the County Clerk and Recorder, including a duly authorized agent or attorney, purchaser, devisee, fiduciary or person having a vested or contingent interest in the property in question.

P

Parapet means a low solid protective wall along the edge of a roof or balcony.

Park, public means a public space designed and set aside exclusively for diversion, recreation, or amusement; characterized by large amounts of open space. While the majority of park activities take place out of doors, accessory buildings and structures such as swimming pools, tennis courts, picnic shelters, or playground equipment may also be permitted.

Park, private means an area, restricted as to use by a particular group that is set aside for passive and/or active recreational opportunities and is of a non-commercial character.

Parking garage means a structure or portion thereof composed of one (1) or more levels or floors used exclusively for the parking or storage of motor vehicles.

Parking lot, commercial means an open area for the parking of passenger vehicles and on which servicing, repair, dismantling or storage of automobiles which are for sale or which are to be repaired, in a manner accessory to a sales or repair garage, is prohibited.

Parking lot, public means an un-enclosed area for off-street parking which is owned and/or operated by the City, County, or other unit of government; or which is operated for the general public and not for patrons of a particular use.

Parking, off-street means an area appropriate in size to accommodate the required parking for the applicable land use(s), together with driveways and maneuvering room; located totally out of public right-of-way.

Party wall means a wall starting from the foundation and extending continuously through all stories to or above the roof, which separates one (1) building unit from another and is in joint use by each building unit.

Pedestrian way means a public or private pathway or sidewalk designed to be used by pedestrian traffic.

Perennials means a plant that has a life-cycle lasting more than two (2) years and survives during the winter by an underground root system.

Permanent monument means an object or physical structure permanently placed on or in the ground to mark a corner, including those expressly placed for surveying reference.

Permit, building means a written instrument granting an applicant permission to construct, erect, repair or alter buildings or other structures in accordance with the Town zoning and building regulations at the time of application for such permit.

Permitted use means a use by right which is specifically authorized in a particular zoning district.

Personal services means any enterprise conducted for gain which primarily is engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include shoe repair, barber and beauty shops, tailor shops, nail shops, individual personal trainer, and similar activities.

Planned unit development (PUD) means an area of land controlled by one (1) or more land owners that is to be developed under a unified site plan and which may include dwelling units, commercial, educational, recreational or other nonresidential uses, public and private open spaces or any combination of the above, and in which lot size, dimensional requirements, type of use, density, lot coverage, open space or other regular zoning or subdivision regulations may be varied as part of the ongoing development of the land. A PUD permits the planning of a project and the calculation of density over an entire development rather than on an individual lot-by-lot basis. A Planned Unit Development is an overlay zoning district allowable under Section 24-67-101, et seq., C.R.S., in all zoning districts.

Plat means one (1) or more related documents prepared in accordance with the requirements of this Chapter showing the surveyed dimensions and legal description of a parcel of land, the reassemblage of parcels, or the subdivision or resubdivision of land into lots, blocks, tracts, easements and rights-of-way.

1.

Final plat means a map and supporting materials prepared in accordance with these regulations as an instrument for recording real estate interests with the County Clerk and Recorder.

2.

Preliminary plat means the maps and specified supporting materials of a proposed subdivision prepared in accordance with these regulations to permit evaluation of the proposal prior to the detailed engineering, design and preparation of the final plat.

Porch, unenclosed means a porch which is open to the atmosphere on at least two (2) sides.

Portable storage pods means a portable streamlined enclosure or detachable container that is delivered on-site for the packing of temporary storage needs and is removed to a secure Storage Center (indoor warehouse) for storage of the enclosure/container. The actual pods shall remain on-site for a maximum of thirty (30) days per calendar year.

Premises means a general term meaning part or all of any lot, or part or all of any building, or structure, or group of buildings or structures located thereon.

Principal building means the building in which the primary use of the lot is conducted.

Principal use means the main purpose for which a parcel of land or a structure is used as distinguished from an accessory use of land or structure. For purposes of this Chapter, the term primary use shall be deemed synonymous with the term principal use, and shall be determined by one (1) or more of the following:

1.

Any use which physically occupies a majority of a parcel of land and/or a structure.

2.

Any use which constitutes a majority of the activity conducted on a premises in relative terms of, for example, sales or rental volume of materials or services offered; prominence of on-site display or advertisement of materials or services offered; type of materials or services offered; amount of stock or inventory; hours of operation devoted to a particular sales or service activity; occupation of inhabitants or employees; and/or the purpose or attraction of the occupation.

Printing and publishing means an establishment that provides printing, publishing, duplicating, or collating services using photocopy, blueprint, off-set printing, or related equipment.

Prohibited use means a use indicated as prohibited for a certain district in the Table of Uses.

Public hearing means a meeting of the Board of Trustees, or other duly constituted board or, for the purpose of hearing comments, testimony, recommendations and other responses from an applicant/appellant, the Town staff, interested parties and the general public concerning a land development application or other land use matter under the terms of this Chapter, such meeting being precede by a published, posted and/or mailed notice.

Public meeting means a regularly or specially scheduled meeting of the Board of Trustees or other duly constituted board, or held for the purpose of conducting business.

Public service facility means buildings, power plants, substations, water treatment plants, pumping stations, sewage disposal or pumping plants; lift stations, transmission or distribution systems; collection or disposal systems; and other similar structures used by a public utility or railroad, whether publicly or privately owned, or by a municipal or other governmental agency to furnish electrical, gas, rail transport, transportation, communications, water, and sewer services. Such facilities may include the specific facilities listed above as well as poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms, police call boxes, traffic signals, hydrants, and similar accessories needed to provide such services for consumption by the general public.

Public uses means public parks, schools, fire and police stations, libraries, museums, gardens and parks and town halls, county courthouses, utility complexes, fairgrounds, and administrative and cultural buildings and structures, but not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.

Public utility means any person, firm, or corporation duly authorized to furnish electricity, gas, steam, telephone, telegraph, water, or sewerage systems to the public.

Q

Quarries and other excavation activities mean a place where rock, ore, stone, sand, and similar materials are excavated for sale or for off-tract use.

Quasi-public use means places of worship, private and parochial schools, colleges, hospitals, cemeteries, and other facilities of an educational, religious, charitable, philanthropic, or no-profit nature. Private airports, clubs and lodges, athletic complexes, nursing homes, clinics, country clubs, homes for elderly and children, and other seemingly public uses which are in private ownership shall be considered quasi-public.

R

Recreation, indoor means any indoor athletic activity such as but not limited to indoor swimming pools, track and field events, soccer fields, gymnasiums, or skating rinks (ice or roller).

Recreational vehicle means a camper coach, camper trailer, motor home or trailer coach used for recreational purposes as opposed to permanent residential purposes.

Recreational vehicle park means a defined area owned, operated, controlled or leased by a person or business for the purpose of renting, leasing or otherwise providing parking sites or spaces for two (2) or more recreational vehicles on a temporary short-term basis, and which may include accessory structures directly serving the park, such as caretaker quarters. The term recreational vehicle park does not include mobile home parks and excludes the use of parking sites or spaces by recreational vehicles for long-term residential purposes.

Recycling center means a facility that accepts source-sorted recyclable materials, processes those materials, and makes the materials available for use in their original form.

Research and development means indoor facilities for scientific research; and the design, development, and testing of electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes pharmaceutical, chemical, medical/dental, electrical, and biotechnology research and development.

Restaurant, sit-down means a business establishment within which the primary use is prepared food offered for sale and consumption within the structure or in a designated and permitted outdoor area. May also include carry-out service.

Restaurant, carry-out means a business establishment within which the primary use is prepared food offered for sale in disposable containers and packaged for carryout.

Resubdivision means the changing of any existing lot or lots of any plat previously recorded with the Park Clerk and Recorder. For the purposes of this Chapter, resubdivision shall also include the condominiumization of units of property and the aggregation or reconfiguration of lots for purposes of redevelopment or sale.

Retail sales means a business establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

Right-of-way means an area of land occupied or intended to be occupied by transportation facilities, public utilities, or other special public uses. Rights-of-way intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is established.

Riparian area means wooded or vegetative areas along creeks, streams, rivers or designated regulated drains.

Roadway means that portion of a street designated or used for vehicular traffic. This definition shall include the terms road, lane, place, avenue, drive and other similar designations.

Roadside stand means a temporary structure designed or used for the display or sale of agricultural and related products, or novelties and other items of interest, to the motoring public.

Roof line means the highest point on any building where an exterior wall encloses usable floor space, including floor area for housing mechanical equipment. The term roof line also includes the highest point on any parapet wall, provided that said parapet wall extends around the entire perimeter of the building.

Roof means the cover of any structure, including the eaves and similar projections.

Roof graphic means a street graphic that is displayed above the eaves and under the peak.

S

School, elementary, junior or senior high means any public, parochial or private school for grades kindergarten to twelfth that is either accredited by the Colorado Department of Education or recognized by, and in good standing with, the Colorado Department of Education for purposes of compulsory education requirements.

School, trade or business means a school with a curriculum which is focused upon certain skills required in business, trades or the arts, including secretarial skills, instrumental music, dancing, barbering, hairdressing or other technical trades which require knowledge of special machinery.

Screening means a structure erected or vegetation planted which eventually is of sufficient height and density for concealing an area or materials from view.

Services means an establishment providing recurrently needed services, as opposed to products, to the general public for personal or household use, including finance, real estate and insurance, barber and beauty shops, personal service, health, and social services.

Setback line, front means a line parallel with a front lot line of a lot tangent to the part of a building situated on such lot (other than an open fire escape or stairway, a chimney or a one-story unenclosed porch) which is closest to such lot line and intersecting two (2) other lot lines of such lot.

Setback line, rear means a line parallel with a rear lot line of a lot tangent to that part of a building situated on such lot, which is closest to such rear lot line and intersecting two (2) other lot lines of such lot.

Setback line, side means a line parallel with a side lot line of a lot tangent to that part of a building situated on such lot, which is closest to such side lot line and intersecting two (2) other lot lines of such lot.

Setback means the horizontal distance required by this Chapter to be maintained between a given lot line, front, rear, or side as specified, and the projected lines of any structure (as defined).

Sidewalk means that portion of the road right-of-way which is improved for the use of pedestrian traffic and other non-motorized uses.

Sign means any device (including, but not limited to, letters, words, numerals, figures, emblems, pictures, or any part or combination) used for visual communication intended to attract the attention of the public and visible to the public right-of-way or other properties and convey a message.

Site means a parcel or adjoining parcels under single ownership or single control, considered as a unit for the purposed of development or other use.

Site development plan means a detailed site plan which is required to be submitted prior to the issuance of any non-single-family building permit for new structures to be located in any existing or new district.

Site plan means a drawing of the site, drawn accurately to an engineering scale, showing existing and proposed features of the site including but not limited to buildings and other structures both existing and proposed; setbacks from all buildings/structures to the property lines; location and dimensions of all building lines and easements; widths and lengths of all entrances and exits to and from said property (driveways); location of all adjacent and adjoining streets, service facilities, manholes, ponds, drainage swales, grading and all other improvements sufficient for review.

Site specific development plan means a plan which has obtained final development approval under the standards and procedures as contained in these subdivision regulations, inclusive of public notice and public hearing, and which describes with reasonable certainty the type and intensity of use for a specific parcel of property, and includes all terms and conditions of approval. A sketch plan, preliminary plan, variance, license, zoning, map, exemption, easement, permit, certificate of appropriateness or waiver shall not constitute a site specific development plan, but may be incorporated into and become part of a site specific development plan.

Special event means any temporary event or activity to which the public is invited, that is intended to, or likely to, attract more than two hundred (200) people and may require a temporary closure or restriction of any public right-of-way.

Sports and recreation parks, indoor means the use of land for commercial indoor athletic activities located entirely within an enclosed building such as but not limited to those activities of outdoor sports and recreation parks and other recreational uses such as paintball facility, truck pulls, demolition derby, equestrian events, and rodeos.

Sports and recreation parks, outdoor means the use of land for commercial athletic activities not located entirely within an enclosed building such as but not limited to baseball/softball diamonds, golf driving range, miniature golf, sled or toboggan runs, soccer fields, football fields, tennis courts, swimming pools, water parks, ice skating rinks, rugby, polo, or track and field events.

Specialized group home means an owner-occupied or for-profit or nonprofit residential facility or shelter, whether or not operated or licensed by the State or other governmental agency, temporarily or permanently housing up to eight (8) resident clients who are not related to the owner or operator of the facility, and which may be staffed by one (1) or more resident staff persons; but excluding family child care homes and halfway houses or other facilities serving persons transitioning from jail or prison, and excluding substance abuse treatment and/or rehabilitation facilities.

Storage, ancillary outdoor, screened means the keeping of materials, merchandise, stock, supplies, machines, equipment, or manufacturing materials of any nature that are not kept in a structure, but which are property and fully screened from off-site views and public rights-of-way, regardless of how long such materials are kept on the premises. Outside storage may be approved as an ancillary use which is subordinate to and directly associated with the conduct of a licensed business within the commercial zone district or light industrial zone district.

Storage, ancillary outdoor, unscreened means the keeping of materials, merchandise, stock, supplies, machines, equipment, or manufacturing materials of any nature that are not kept in a structure, regardless of how long such materials are kept on the premises. Outside storage may be approved by special use permit as an ancillary use which is subordinate to and directly associated with the conduct of a licensed business within the light industrial zone district.

Storage, commercial indoor means the keeping of materials, merchandise, stock, supplies, machines, equipment, or manufacturing materials of any nature that are kept in a structure for commercial purposes, regardless of how long such materials are kept on the premises.

Storage—personal storage units (mini-storage) means a building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property.

Storage shed means a wooden, masonry or sheet metal structure specifically designed and suitable for storage. Metal shipping or storage containers, trailers, recreational vehicles and similar devices or facilities are prohibited for use as storage sheds except in the light industrial zone district. Such devices or facilities may be used in any zone district for temporary construction storage during the duration of construction pursuant to an active building permit. Such devices or facilities may also be used in portions of the commercial zone district located outside the Town center upon issuance of a special use permit specifically authorizing such a device or facility.

Story means the part of a building between the surface of a floor and the ceiling immediately above; or if there is a floor above, the portion of a building between the surface of any floor and the surface of the floor next above.

Street means a dedicated public right-of-way which provides vehicular and pedestrian access to adjacent properties. This definition shall include the terms road, lane, place, avenue, drive and other similar designations.

1.

Arterial street means a street which permits the rapid and relatively unimpeded movements of vehicular traffic between communities or major land use elements.

2.

Collector street means a street which collects and distributes traffic between local streets and major arterial streets.

3.

Local street (multi-family residential, business and industrial area) means a street which provides direct access to adjacent property and is designed in a manner to discourage through traffic movements, and should not intersect major arterial streets.

4.

Local street (single-family residential areas) means a street which provides direct access to adjacent property and is designed in a manner to prevent through traffic movements, and does not intersect major arterial streets.

5.

Limited access street means a street or highway which provides rapid and unimpeded traffic movement between urban centers. Access is partially or completely controlled with a primary grade separated by interchanges connecting only to major arterial streets.

Street, cul-de-sac means a short local street having one end open to traffic and being permanently terminated by a vehicle-turnaround at the other end.

Street, dead-end means a local street open at one end only and without a special provision for a vehicle turn-around.

Street, private means a local street that is not dedicated or accepted for public use or maintenance which provides vehicular and pedestrian access to more than one (1) property, business, or dwelling unit.

Street, public means a street owned and maintained by a unit of government within an officially dedicated and accepted right-of-way to provide vehicular and pedestrian access.

Street trees means trees growing on public rights-of-way.

Structural alteration means any change in the supporting members of a building such as bearing walls, columns, beams or girders, floor joists or roof joists.

Structure means anything constructed or erected with a fixed location at or above ground level, except poles, driveways, sidewalks, curbs, parking lot dividers, patios, landscaping/garden fixtures or amenities such as gazebos, and decks (less than one (1) foot above grade); or anything constructed, erected or pre-constructed and placed which requires a more or less permanent location on the ground, but not including ditches, canals, dams, reservoirs, pipelines, telephone or telegraph or electric power lines.

Structure, accessory means any structure other than a principal structure.

Structure, principal means a structure which contains or is intended to contain a primary permitted use or uses.

Structure, historic means any structure listed on the National Register of Historic Places, The Colorado State Survey of Historic, Architectural, Archaeological and Cultural Sites, Structures, Districts and Objects, or a local designation of a structure, site or object.

Structure, temporary means any building or structure which is easily moved, without any foundation or footing, or intended to be used for a limited period of time.

Subdivider means any person, group, corporation or other entity who, as owner or purchaser, or agent of such owner or purchaser, divides or proposes to divide land into lots or other tracts for the purposes of resale or development.

Subdivision means, except as may be permitted under the subdivision exemption procedure provided in this Chapter, the division of a lot or parcel of land into two (2) or more lots and other parcels for the purpose of resale and/or development. This term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land being subdivided. Unless a division of land as specified below is undertaken and/or adopted for the purpose of evading the requirements of this Chapter, the term subdivision shall not apply to any division of land:

1.

Which is created by order of any court in this state, or by operation of law, provided that the Town is given timely notice of and an opportunity to participate in such proceeding prior to the entry of the court order and the Town does not file an appropriate pleading within twenty (20) days after receipt of such notice from the court;

2.

Which is created by a lien, mortgage, deed of trust or any other security instrument or the foreclosure thereof;

3.

Which creates a cemetery lot;

4.

Which creates an interest in oil, gas, minerals or water which is severed from the surface ownership of the real property;

5.

Which is created by the acquisition of an interest in land in the name of a husband and wife, or other persons, in joint tenancy or as tenants in common, and any such interest shall be deemed for purposes of this Chapter to be only one interest;

6.

Which creates an easement or right-of-way for utility installations, solar access, open space or pedestrian/vehicle travel;

7.

Which is created by a contingency contract for the sale of land which is dependent upon the purchaser obtaining approval pursuant to a pending or soon to be filed application under this Chapter to subdivide the land subject to the contract;

8.

Which is exempted by the Board of Trustees by written resolution after a public hearing at which it is determined that the subject division of land is not within the intent and purposes of this Chapter.

9.

Which is the separation of the whole of an original Town site lot from one (1) or more abutting original Town site lots that are held under one (1) and the same ownership for purposes of conveyance, so long as the resulting lot(s) conforms to the minimum lot size requirements for the zone district in which the lot(s) are situated.

Substantial damage means damage of any origin sustained to a structure whereby the cost of restoring the structure to it's before damage condition would equal or exceed forty percent (40%) of the market value of the structure in the "FH" (Flood Hazard) zoning district and would equal or exceed fifty percent (50%) of the market value of the structure in all other zoning districts before the damage occurred.

Substantial improvement means any alteration, repair, enlargement, or extension of a structure, the cost of which equals or exceeds forty percent (40%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. Such substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural element of the building commences.

Supply yard means a commercial establishment storing and offering for sale building supplies, steel, coal, heavy equipment, feed and grain, and similar goods.

T

Telecommunication tower means any mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other similar structure designed and primarily used to support antenna arrays.

Tourist court or camp means a building or a group of buildings designed for occupancy by transients.

Towing and recovery yard means a lot or building used for the storage of damaged, wrecked or impounded motor vehicles for a limited period of time, usually awaiting insurance adjustment, transport to a repair shop, or recovery by the owner operator.

Townhouse means one or more single-family dwellings with a minimal front and rear yards and no side yards, arranged side-by-side, separated by common walls between living areas; each having more than one (1) story.

Trailer coach means a non-motorized vehicle having an overall width not exceeding eight (8) feet and an overall length, excluding towing gear and bumpers, of not less than twenty-six (26) feet and not more than forty (40) feet, which is designed and generally and commonly used for occupancy by persons for residential purposes in temporary locations, and which may be drawn over public highways by a motor vehicle and is licensed as a vehicle.

Trailer means a vehicle without motive power, designed for the accommodation of people or goods, constructed with integral wheels to make it mobile and/or towable by a motor vehicle. Trailers may include mobile homes and travel campers.

Trash receptacle enclosure means an enclosure for trash containers, recycling containers, garbage containers, building material containers or other large metal containers.

Travel camper means a living unit designated for temporary occupancy, attaining a length less than thirty-six (36) feet and being equipped for use with wheels for being towed, with its own motive power (commonly called motor home), or mounted on a motorized vehicle for purposes of recreational use by highway transportation. The term travel camper shall also include facilities referred to as campers, camp trailers or travel trailers.

U

Unified Development Code means a document comprised of zoning, subdivision, parking, landscaping, lighting and similar requirements for the Town of Fairplay.

Use means the purpose for which land or a structure thereon is designed, arranged or intended to be occupied or used, or for which it is occupied, maintained, rented or leased.

Use, temporary means short term or seasonal uses which may be associated with construction projects or which intend to sell or promote specific merchandise or products and shall include but not be limited to residential model homes, sales offices operated from a temporary structure, non-commercial batching plants, temporary building or yard for construction materials, parking lot for a special event; bazaars, carnivals and similar temporary uses; outdoor seasonal sales, parking of recreational vehicles that exceeds the fourteen (14) days, garage sales, and any uses deemed appropriate by the Town Administrator or his/her designee.

V

Variance means a modification of the strict terms of the relevant regulations of this Chapter where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this Chapter would result in unnecessary and undue hardship, serious practical difficulties.

Vegetative screen means a visual barrier of vegetation with dense foliage used to block aesthetically intrusive land uses from view.

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

Veterinary hospital means a place where animals or pets of all types are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding, shall only be incidental to such hospital use and need not be enclosed within the main building.

Vicinity map means a small inset map located on the plan showing the location of a proposed subdivision or use to nearby developments, landmarks, community facilities, and services within the general area.

Vision corner clearance means the distance from an intersection of a public or private street to the nearest access connection, measured from the closest edge of the access connection pavement (tangent point) to the closest edge of the street pavement (tangent point) or the back of curb whichever is greater. The triangular space is determined by a diagonal line connecting two (2) points measured fifteen (15) feet equidistant from the edge of pavement of two (2) local streets or a local street with an access connection or twenty-five (25) feet from the edge of pavement of a local street or an access connection with a collector, arterial or any combinations thereof.

W

Wall, retaining means a wall used or intended to be used to resist the lateral displacement of earth.

Watercourse means a lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Warehousing, indoor means the safekeeping of property, either for later use or for resale, within enclosed buildings.

Warehousing, outdoor means the safekeeping of property, either for later use or for resale that is not within an enclosed building.

Wireless telecommunications service facility means an unmanned facility that transmits and/or receives electromagnetic waves, commonly consisting of an antenna array, connection cables, a support structure or tower to achieve the necessary elevation, and an equipment facility to house accessory equipment which may include cabinets, pedestals, shelters, and similar protective structures. It may include antenna array on buildings or structures of sufficient height.

X

Xeriscaping means an approach to landscaping that minimizes outdoor water use while maintaining soil integrity through the use of native, drought-tolerant plants.

Y

Yard means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.

Yard, front means that portion of a lot lying between a public street and the nearest front setback line of such lot.

Yard, rear means that portion of a lot lying between the rear lot line and the rear setback line of such lot.

Yard, side means that portion of a lot lying between a side lot line and the side setback line of such lot.

Z

Zero lot line means a development approach in which a building is sited on one (1) or more lot lines with no yard.

Zoning Map means the Official Town of Fairplay Zoning Map.

(Ord. 2015-3 §1, 2016; Ord. 2016-4 §1, 2016; Ord. 5, 2018 §2; Ord. 2, 2019, §2; Ord. 2, 2022 §3; Ord. 4, 2022 §4)