The sections contained in this Chapter constitute the Zoning Ordinance of the Town and may be so cited.

(Prior Zoning Ord. §101; Ord. 2004-7 §2)

(a)

This Chapter is adopted pursuant to the authority contained in the Colorado Revised Statutes (C.R.S.), and the Colorado Constitution, Article XX, Section 6. Local governments are provided broad authority to plan for and regulate the use of land within their jurisdictions, as authorized in Title 29, Article 20, et seq., C.R.S. Additional statutory authority may also exist for specific types of land use regulation.

(b)

Whenever a section of the Colorado Revised Statutes that is referred to in the Code is later amended or superseded, this Code is deemed amended to refer to the amended section or section that most nearly corresponds to the superseded section.

(Ord. 2004-7 §2)

(a)

This Chapter shall be effective throughout the Town's corporate boundaries. The Town's planning jurisdiction includes all land within the Town, and where applicable, the land within the Urban Growth Area as found in the intergovernmental agreements between the Town and the neighboring jurisdictions. For purposes of zoning and subdivision, this Chapter only applies to lands within the Town's corporate boundaries.

(b)

A copy of a map showing the boundaries of the Town and the area within the Urban Growth Area shall be available for public inspection in the Town offices.

(Ord. 2004-7 §2)

The purpose of this Chapter is to create a vital, cohesive, well-designed community in order to enhance the Town's character and further the citizens' goals as identified in the Gilcrest Comprehensive Plan. This Chapter is designed to:

(1)

Encourage the most appropriate use of land through the Town;

(2)

Encourage innovative, quality site design, architecture and landscaping;

(3)

Encourage new developments to relate to the Town's historic development pattern;

(4)

Promote compact, well-defined, sustainable neighborhoods that enhance the Town's character;

(5)

Create livable neighborhoods that foster a sense of community and reduce dependency on private vehicles;

(6)

Encourage the proper arrangement of streets in relation to existing and planned streets and ensure that streets facilitate safe, efficient and pleasant walking, biking and driving;

(7)

Provide a variety of lot sizes and housing types in every neighborhood;

(8)

Protect sensitive natural and historic areas and the Town's environmental quality;

(9)

Integrate a high quality natural environment into the developed portions of the community;

(10)

Facilitate the adequate and efficient provision of transportation, water, sewage, schools, parks and other public requirements;

(11)

Provide protection from geologic, flood and fire hazard and other dangers; and

(12)

Promote the health, safety, morals and general welfare of the Town residents.

(Ord. 2004-7 §2)

(a)

In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements for the promotion of the public health, safety and welfare. Whenever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.

(b)

The provisions of this Code shall apply to any and all development of land within the municipal boundaries of the Town, unless expressly and specifically exempted or provided otherwise in this Chapter. No development shall be undertaken without prior and proper approval or authorization pursuant to the terms of this Chapter. All development shall comply with the applicable terms, conditions, requirements, standards and procedures established in this Chapter.

(c)

Except as herein provided, no building, structure or land shall be used and no building or structure or part thereof shall be erected, constructed, reconstructed, altered, repaired, moved or structurally altered except in conformance with the regulations herein specified for the zone district in which it is located, nor shall a yard, lot or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth herein.

(d)

Whenever both the provisions of this Chapter and provisions of any other law cover the same subject matter, whichever rule is more restrictive shall govern.

(e)

This Chapter establishes procedural and substantive rules for obtaining the necessary approval to develop land and construct buildings and structures. Development applications will be reviewed for compliance with the Gilcrest Comprehensive Plan and with adopted regulations, policies and other guidelines.

(Prior Zoning Ord. §105; Ord. 2004-7 §2)

The provisions of this Chapter shall not apply to a nonconforming use existing on the date these regulations become effective, according to the provisions of Section 16-43 of this Chapter. No other uses shall be exempted from any of the provisions of these regulations except as permitted in Article VI (Appeals and Variances) of this Chapter subject to the decisions of the Board of Adjustment and/or the Board of Trustees.

(Prior Zoning Ord. §106; Ord. 2004-7 §2)

All ordinances, resolutions or motions of the Board of Trustees or parts thereof in conflict with this Chapter are to the extent of such conflict hereby superseded and repealed, provided that no such repealer shall repeal the repealer clauses of such ordinance, resolution or motion, nor revive any ordinance, resolution or motion thereby. The adoption of this Chapter shall not adversely affect the Town's right to seek remedies for any violation of previous ordinances that occurred while those ordinances were in effect.

(Prior Zoning Ord. §107; Ord. 2004-7 §2)

It is the intention that this Chapter implement the planning policies adopted in the Gilcrest Comprehensive Plan ("Comprehensive Plan") for the Town and its extraterritorial plan ning area. While this relationship is reaffirmed, it is the intent of the Town that neither this Chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with the Comprehensive Plan.

(1)

Requirement for Comprehensive Plan amendment. Where a development proposal would be in substantial conflict with the Comprehensive Plan, an amendment to the Comprehensive Plan will be required prior to any zoning or subdivision approvals. A substantial conflict will exist when a development proposal would result in changes from the designations of the Land Use Plan Map or Transportation Plan Map in the Comprehensive Plan.

(2)

Criteria for evaluating amendment Proposals. Amendments to the Comprehensive Plan resulting from development proposals under this Chapter shall be evaluated according to the criteria and procedure outlined in the Comprehensive Plan.

(Ord. 2004-7 §2)

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters will be charged to applicants for permits, plat approvals, zoning amendments, variances and other administrative relief. The fee schedule will be adopted periodically by the Board of Trustees and is available from the Town Office.

(Ord. 2004-7 §2)

If any part, section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the Chapter. The Board of Trustees hereby declares that it would have passed the Chapter including each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one (1) or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.

(Ord. 2004-7 §2)

(a)

In computing a period of days, the first day is excluded and the last day is included.

(b)

If the last day of any period is a Saturday, Sunday or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday or legal holiday.

(c)

If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.

(Ord. 2004-7 §2)

(a)

As used in this Chapter, words used in the singular include the plural and words used in the plural include the singular.

(b)

The words "must," "shall" and "will" are mandatory; "may," "can," "should" and "might" are permissive.

(Ord. 2004-7 §2)

The terms in this Chapter are defined as follows:

Accessory building means a detached subordinate building, or structure, the use of which is customarily incidental to that of the main building or to the main use of the land, which is located on the same lot with the main building or use, which does not exceed in area thirty percent (30%) of the rear yard area of the property and which is no higher than the existing main building. Accessory buildings are only permitted when they are incidental or accessory to an existing and permitted principal or conditional use. All new accessory buildings require building permits and must be constructed in a manner which is satisfactory to the Building Official. The term accessory building does not include utility sheds.

Accessory use means a subordinate use, clearly incidental, subordinate to and devoted exclusively to the main structure, building or use of land, and located on the same lot as that of the main structure, building or use. The term accessory use does not include home occupations.

Adjacent means meeting or touching at some point, or separated from a lot or parcel by one (1) of the following: a street, alley or other right-of-way, lake, stream or open space.

Agricultural activity means farming, including plowing, tillage, cropping, utilization of best management practices, seeding, cultivating or harvesting for the production of food and fiber products (except commercial logging and timber harvesting operations); the grazing or raising of livestock (except in feedlots); aquaculture; sod production; orchards; Christmas tree plantations; nurseries; and the cultivation of products as part of a recognized commercial enterprise.

Agricultural land means land that is being used for agricultural activities.

Alley means a minor or secondary way which is used primarily for vehicular access to the back or side of properties otherwise abutting on a street and which is permanently reserved as a secondary means of access.

Alteration means any change, addition or modification in construction, occupancy or use.

Appurtenances are the visible, functional or ornamental objects accessory to and part of a building.

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

Automotive repair, major means an establishment primarily engaged in the repair or maintenance of commercial and heavy truck-oriented motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, provided that it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products.

Automotive repair, minor means an establishment primarily engaged in the repair or maintenance of passenger and light truck-oriented motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, car washing, detailing, polishing or the like, provided that it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products.

Awning means a roof-like cover of canvas or other material extending in front of a doorway or window, or over a deck, to provide protection from the sun or rain.

Bar and tavern means an establishment engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises that does not also serve full meals, but does require food services as defined by State Liquor License requirements.

Base station means a structure or equipment, other than a tower, at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term includes any equipment associated with wireless communications services, including radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks). The term includes any structure, other than a tower, to which any of the equipment described hereof is attached.

Bed and breakfast means an establishment operated in a private residence or portion thereof, which provides temporary accommodations to overnight guests for a fee and which is occupied by the operator of such establishment.

Block means a unit of land, or a group of lots, bounded by streets or by a combination of streets and public lands or other rights-of-way other than an alley, waterway or any barrier to the continuity of development, or land which is designated as a block on any recorded subdivision tract.

Board of Trustees (Board) means the governing board of the Town.

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. The term does not include a motel or hotel.

Boat means a vessel for traveling on water; a watercraft of any type, whether powered by human, wind, motor or other mechanism.

Building means any permanent structure or any part thereof built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is governed by the following characteristics:

a.

Is permanently affixed to the land.

b.

Has one (1) or more floors and a roof.

Building code means the set of standards that must be followed in the construction and remodeling of buildings and structures. The building code used by the Town is the International Building Code.

Building frontage means the horizontal, linear dimension of that side of a building which abuts a street, a parking area, a mall or other circulation area open to the public and has either a main window display or a public entrance to the building.

Building height means the vertical distance measured from the established curb level to the highest point of the underside of the ceiling beams for a flat roof; to the deck line for a mansard roof; and the main level of the underside of the rafters between the eaves and the ridge for a gable, hip or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections other than signs shall not be included in calculating the height.

Catering service means an establishment whose principal business is to prepare food on-site, then transport and serve the food off-site. This use includes a commercial kitchen. No business consumption of food or beverages is permitted on the premises.

Child care center means a facility, by whatever name known, which is maintained for the whole or part of a day for the care of five (5) or more children under the age of sixteen (16) years who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated education purposes. The term includes, but is not limited to, facilities commonly known as day-care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, centers for developmentally disabled children and those facilities which give twenty-four-hour-per-day care for dependent and neglected children, but specifically excludes any family child care home as defined in this Chapter. Child care centers are also those facilities for children under the age of six (6) years with stated educational purposes which are operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of a least six (6) grades so long as the school system is not also providing extended day services.

Church or place of worship and assembly means a building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious or other services or meetings of the occupants of such structure. Church orplace of worship and assembly shall include churches, synagogues or the like, but shall not include buildings used for commercial endeavors, including but not limited to commercial motion picture houses or stage productions.

Club, lodge and service organization means organizations for persons for special purposes or for the promulgation of sports, arts, literature, politics or other common goals, interests or activities, characterized by membership qualifications, dues or regular meetings, excluding clubs operated for profit and/or places of worship or assembly.

Commercial vehicle means any vehicle whose gross weight is more than ten thousand (10,000) pounds or longer than thirty (30) feet, as referenced in Paragraph 8-2(b)(1) of this Code.

Comprehensive Plan means means the Gilcrest Comprehensive Plan, which was adopted in accordance with Section 31-23-206, C.R.S., to guide the future growth, protection and development of the Town, affording adequate facilities for housing, transportation , comfort, convenience, public health, safety and general welfare of its population.

Convenience retail store means a retail store containing less than five thousand (5,000) square feet of gross floor area which sells everyday goods and services which may include, without limitation, ready-to-eat food products, groceries, over-the-counter drugs and sundries.

Convenience shopping center means a shopping and service center located in a complex which is planned, developed and managed as a single unit, and located within and intended to primarily serve the consumer demands of adjacent employment areas and residences.

Conventionally built dwelling means a dwelling constructed element by element at the site, as opposed to one that is prefabricated by systems, or a mobile home.

Dedicated land means land transferred to the Town by platting, title, deed or other legal method approved by the Town Attorney.

Density means the overall average number of dwelling units located on the gross or net residential acreage (as applicable) contained within the development and calculated on a per-acre basis. Gross density is calculated by dividing the total number of units by the total acreage. Net density is calculated by dividing the [total number of units] by the [total acreage minus all publicly dedicated land].

Developer means any person, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a development.

Development means any change in the actual use of land or improvements thereon, including but not limited to: the construction of improvements which require a building permit; a change in the use or intensity of use on the land or improvements thereon; enlargement, reconstruction or renovation of improvements; or demolition of improvements.

Notwithstanding this provision, the following are not development activities:

a.

Any change from one (1) agricultural crop to another;

b.

Normal maintenance and repair of improvements which do not involve a change in use or intensity of use; and

c.

Nonstructural interior improvements.

Developmental disability means a disability that is manifested before the person reaches twenty-two (22) years of age; constitutes a substantial handicap to the affected individual; and is attributable to mental retardation or related conditions which include cerebral palsy, epilepsy, autism or other neurological conditions when such conditions result in impairment of general intellectual functioning.

Downtown means the business district of the Town. The boundary of downtown is indicated on the 2003 Comprehensive Plan as the Railroad Street/Main Street downtown planning district.

Drive-up facilities means commercial uses where the patron customarily drives a motor vehicle onto the premises and receives service there without exiting the vehicle. A post office is not a drive-up facility.

Dwelling means a 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, resort cabins, clubs or hospitals. Every dwelling shall be either constructed as a permanent building and comply with the standards established by the International Building Code, the International Fire Code and other related ordinances as adopted by the Town, or be a manufactured home as defined herein.

Dwelling, co-housing development means a residential development that combines individual owned dwelling units with smaller or partial kitchens and a larger community kitchen and dining room intended for communal use on a regular basis, and in which all residents agree to share in the provision of regular communal services, such as cooking meals or providing child care.

Dwelling, cottage development means a small, infill project consisting of small single-family detached cottages, each containing no more than 800 square feet of gross floor area in which project density is measured by the total square footage of cottage dwelling unit gross floor area instead of the number of dwelling units.

Dwelling, live/work means an integrated housing unit and working space, occupied and used by a single household in either a single-family dwelling or multifamily dwelling, that has been designed or structurally modified to accommodate joint residential occupancy and work activity that is occupied by the same resident. The live/work unit shall be the primary dwelling of the occupant.

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

Dwelling, single-family attached means three or more dwelling units where each unit is attached to other units by party walls and where habitable spaces of different units are arranged side-by-side, rather than a stacked configuration. Multi-family development standards shall apply to single-family attached dwellings.

Dwelling, single-family detached means a single dwelling unit in a single building, not attached to any other buildings other than those accessory to the dwelling.

Dwelling, two-family means a building designed exclusively for occupancy by two (2) families living independently of each other. This definition includes a dwelling unit attached by a party wall to only one other dwelling unit in a side-by-side configuration, with each unit located on its own lot.

Dwelling unit means one (1) or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi-family dwelling or mixed-use building.

Easement means a right to land generally established in a real estate deed or on a recorded plat to permit the use of land by the public, a corporation or particular persons for specified uses.

Eligible telecommunications facility request means a request for approval of the modification of an existing tower or base station that involves the collocation of new transmission equipment, the removal of transmission equipment or the replacement of transmission equipment.

Family means an individual living alone, or with or the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities:

a.

Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship; or

b.

Any unrelated group of person consisting of:

1.

Not more than three (3) persons; or

2.

Not more than two (2) unrelated adults and their children, if any; or

3.

Handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and disabled persons as defined by Section 24-34-501, C.R.S., regardless of their relationship by genetics, adoption, legal custody or marriage, whose number does not exceed the occupancy limits established by the Uniform Housing Code for the dwelling or dwelling unit in which they reside.

Family child care home means a facility for child care in a place of residence of a family or person for the purpose of providing less than twenty-four-hour care for children under the age of eighteen (18) years who are not related to the head of such home. Family child care home may include infant-toddler child care homes, large child care homes, experience provider child care homes and such other types of family child care homes designated by rules of the State Department of Social Services pursuant to Section 26-6-106(2)(p), C.R.S.

Floor area, also called gross floor area, for the purposes of determining the floor area ratio conversions of existing structures and maximum size of business establishments, means the sum of the gross horizontal areas of several floors measured in square feet, including the basement floor but not including the cellar floor of the building, measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings. The floor area of a building shall also include elevator shafts and stairwells at each floor; floor space used for mechanical equipment, except equipment, open or enclosed, located on the roof; penthouses, attic space having headroom of seven (7) feet ten (10) inches or more; interior balconies and mezzanines; enclosed porches; and floor area devoted to accessory uses, provided that any space devoted to off-street parking or loading shall not be included in floor area.

Floor area ratio (FAR) means the numerical value obtained through dividing the gross floor area of a building or buildings by the net lot area on which such building or buildings are located. For mixed-use blocks, the residential square footage shall be added to the commercial development for a total block FAR.

Foster care home means a facility that is certified by the County Department of Social 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.

Grocery store, large means a retail establishment which primarily sells food, but also may sell other convenience and household goods, and which occupies a space greater than twenty-five thousand (25,000) square feet. The term large grocery store is synonymous with supermarket.

Grocery store, small means a retail establishment primarily selling food, as well as other convenience and household goods, which occupies a space of not more than twenty-five thousand (25,000) square feet.

Group home, elderly means an owner-occupied or nonprofit group home for the exclusive use of not more than eight (8) persons sixty (60) years of age or older and the appropriate staff.

a.

Owner-occupied group home means a group home for the aged which is owned and operated by an individual or individuals who actually reside at and maintain their primary place of residence in the group home.

b.

Nonprofit group home means a group home for the aged which is owned and operated by a person or organization as provided by Section 31-23-303, C.R.S.

Highway corridor means the area within one thousand five hundred (1,500) feet of the right-of-way of a state or federal highway.

Home occupation means an occupation or business activity which results in a product or service and is conducted in whole or in part in a dwelling unit, is subordinate to the residential use of the dwelling unit, is carried on only by the inhabitants and does not change the character thereof. Home occupations may be conducted within appurtenant structures.

Industrial, heavy means uses engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in a storage of, or manufacturing processes using flammable or explosive materials or storage or manufacturing processes that potentially involve hazardous conditions. Heavy industrial shall also mean those uses engaged in the operation, parking and maintenance of vehicles, cleaning of equipment or work processes involving solvents, solid waste or sanitary waste transfer stations, recycling establishments and transport terminals (truck terminal, public works yard, container storage.)

Industrial, light means uses engaged in the manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging incidental storage, sales or distribution of such products. Further, light industrial shall mean uses such as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories or the like. Light industrial shall not include uses such as mining and extracting industries, petrochemical industries, rubber refining, primary metal or related industries.

Infill development means an area of platted or unplatted land that, together with all adjacent vacant land in private ownership, includes no more than 10 acres of land, and where the land along, at least 75 percent of the boundaries of the proposed subdivision (ignoring intervening streets), has been developed for a period of at least ten (10) years.

In view means that junk, equipment, vehicles, or portions or parts thereof, can be seen from a public place or from property which is not owned or controlled by the person who owns or controls the parcel of real property where the vehicle is located.

Junk means any manufactured goods, appliances, fixtures, furniture, machinery, motor vehicle or trailers which are abandoned, demolished, dismantled or so worn or deteriorated or in such condition as to be unusable in its existing state, salvage material, scrap metal, scrap material, waste, bottles, tin cans, paper, boxes, crates, rags, used lumber and building materials, motor vehicle and machinery parts and used tires.

Kennel means any lot or premises on which five (5) or more dogs, cats or any combination thereof at least six (6) months of age are harbored and/or where grooming, breeding, boarding, training or selling of animals is conducted as business.

Large retail establishment means a retail establishment, or any combination of retail establishments in a single building, occupying more than twenty-five thousand (25,000) gross square feet of floor area, except that no supermarket shall be deemed to be a large retail establishment.

Light retail means stores for retail trade, including without limitation convenience stores without gas stations, grocery stores, hair salons and barber shops, ice cream stores, sporting goods stores, package liquor stores, restaurants, taverns, membership clubs and fraternal associations; fast food stores, bookstores, amusement stores and arcades, drugstores, laundry/dry cleaners, hardware stores, etc., all on lots not exceeding fifteen thousand (15,000) square feet in area. Drive-up facilities associated with any of these uses require a conditional use permit.

Livestock means horses, mules, cattle, burros, swine, sheep, goats and rabbits.

Long-term care facility means any of the following:

a.

Convalescent center means a health institution that is planned, organized, operated and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from, but maintaining an affiliation with, all services in a general hospital.

b.

Intermediate health care facility means a health-related institution planned, organized, operated and maintained to provide facilities and services which are supportive, restorative or preventive in nature, with related social care, to individuals who because of a physical or mental condition, or both, require care in an institutional environment but who do not have an illness, injury or disability for which regular medical care and twenty-four-hour-per-day nursing services are required.

c.

Nursing care facility means a health institution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients who require regular medical care and twenty-four-hour-per-day nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State. The nursing services shall be organized and maintained to provide twenty-four-hour-per-day nursing services under the direction of a registered professional nurse employed full time.

Lot means a parcel, tract or area of land established by a plat or subdivision of at least a sufficient size to meet minimum requirements for use, street frontage coverage and area, and to provide required yards and other open spaces in the zoning district in which the lot is located and which has direct access onto a public or private street. When not shown on a plat, a lot means a parcel or 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, and the shorter street frontage shall be considered the front line.

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

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

Manufactured home means a single-family dwelling which is designed to be transported on its own or detachable wheels or on a trailer, is eight (8) feet or more in width at its narrowest dimension and thirty-two (32) feet or more in length, and bears a label certifying that it is built in compliance with the Federal Manufactured Home Construction Safety Standards Act of 1974, which became effective June 15, 1976. The term mobile home designates a manufactured home that was built prior to June 15, 1976.

Medical and dental offices and clinics means an establishment operated by one (1) or more duly licensed members of the human health care professions, including but not limited to physicians, dentists, chiropractors, psychiatrists and osteopaths, where patients are not lodged overnight but are admitted for examination and/or treatment.

Meeting, banquet and conference facility means a facility with or without food preparation equipment, used for meetings, conferences, catered meals, wedding receptions, and other social functions; and available on a rental basis to the general public.

Mini-storage warehouse means a building or a group of buildings containing separate, individual self-storage units divided from the floor to ceiling by a wall with an independent entrance from the exterior of the building, designed to be rented or leased on a short-term basis to the general public for private storage of personal goods, materials and equipment.

Mixed-use means a land use where both residential and non-residential land uses are permitted within a zoning district, are combined on a lot or within a structure or development, and where the different types of land uses are in close proximity.

Mobile home means a single-section manufactured home which is designed to be transported on its own or detachable wheels, or on a trailer, is twenty (20) feet or more in width at its narrowest dimension and forty-five (45) feet or more in length. The term mobile home designates a manufactured home that was built prior to June 15, 1976.

Motel or hotel means a building designed for occupancy as the temporary abiding place, for thirty (30) days or less, of individuals who are lodged, with or without meals, and with such building having six (6) or more guest rooms.

Nonconforming lot means a lawfully established lot that is properly described and depicted within a subdivision plat approved by the Board of Trustees which is recorded in the records of the County Clerk and Recorder but which does not meet the requirements for area, width, frontage, size or any other lot requirement for the zoning district in which the lot is located.

Nonconforming structure means a building, structure, or portion thereof, that does not conform to the regulations of this Chapter on building size, height, bulk or location on the lot for the zone district in which the building is located, but that was lawfully constructed under the regulations in force at the time of construction.

Nonconforming use means a use that does not comply with the use regulations of this Chapter, but that was lawfully established and has been in regular use since that time.

Nursing facility means a facility, or a distinct part of a facility, which meets the state nursing home licensing standards, is maintained primarily for care and treatment of inpatients under the direction of a physician, and meets the requirement in federal regulations for certification as a qualified provider of nursing facility services. Nursing facility includes private, nonprofit or proprietary intermediate nursing facilities for the mentally retarded or developmentally disabled.

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

Office, flex means a use that combines office and storage for goods, wares, and merchandise, including distribution functions that may require off-street loading. This use also includes buildings that could be used for either office space or other light industrial or commercial uses.

Oil and gas operation means any structure, facility or activity which is constructed on or disturbs land in association with oil or gas drilling, production or waste treatment and disposal, including but not necessarily limited to wells, tanks or tank batteries, pits, access roads for ingress and egress and pipelines.

Open space means open space on a building site, exclusive of space devoted to vehicular streets, drives and parking areas, and including pedestrian ways, space for active and passive recreation and landscaping.

Outdoor storage means the placement or deposit of any junk, tools, heavy equipment, utility equipment, inventory, goods, material, supplies, parts, or vehicles on private property outside of an enclosed structure, excluding the parking or storage of operable vehicles used directly in conjunction with a business.

Park and open space means an outdoor, unenclosed area, located on the ground, designed and accessible for outdoor living, recreation, and pedestrian access or landscaping, but not including roads, parking areas, driveways, or other areas intended for vehicular travel; includes both active and passive recreation.

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

Personal and business service shops means shops primarily engaged in providing services generally involving the care of the person or such person's apparel or rendering services to business establishments such as laundry or dry cleaning retail outlets, portrait/ photographic studios, beauty or barber shops, employment services or mailing and copy shops.

Planned Unit Development (PUD) means a unified development in single ownership or control, which is subdivided and developed according to a comprehensive plan and where the specific requirements of a given district may be modified.

Planning Commission means the body, acting through the Board of Trustees, that is granted the authority and duties stated in this Chapter 16 and Section 31-23-201, C.R.S. et seq. When the Planning Commission makes recommendations to the Board of Trustees, the decision on such application shall be made and held at a single hearing with the Board of Trustees regardless of any provision to the contrary in this Chapter 16.

Porch means an unenclosed covered or uncovered structure attached to a main wall at the entrance of a building, usually with a separate roof, projecting out from the main wall no more than ten (10) feet and extending no further laterally than the existing building.

Poultry means chickens, ducks, geese and pigeons.

Powers of the Board of Adjustment. The powers of the Board of Adjustment are to hear, review and decide appeals concerning the enforcement of this Chapter.

Powers of the Board of Trustees. The powers of the Board of Trustees are to hear, review and decide applications made to it in accordance with the requirements of this Chapter; to amend this Chapter; and any other powers granted to the Board of Trustees.

Principal use means the main use of land or of a structure as distinguished from a subordinate or accessory use.

Professional office means an office for professionals such are physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, 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, except as accessory to the professional services.

Public facilities means those constructed facilities, including but not limited to, transportation systems or facilities, water systems or facilities, waste water systems or facilities, storm drainage systems or facilities, fire, police and emergency systems or facilities, electric, gas, telecommunication utilities or facilities, and publicly owned buildings or facilities.

Public hearing means a meeting called by a public body for which public notice has been given and which is held in a place at which the general public may attend to hear issues and to express their opinions.

Public open space means an open space area conveyed or otherwise dedicated to the municipality, state or county or other public body for recreational or conservation uses. Public open spaces are to be unencumbered by oil and gas wells, their appurtenances or their hazards to the public.

Recreational vehicle (RV) means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted or drawn by another vehicle. The following shall be considered a recreational vehicle:

a.

Camping trailer or tent trailer means a folding structure, constructed of canvas, plastic or similar water repellent material, designed to be mounted on wheels and designed for travel and recreation.

b.

Motorized camper, motor home, recreational conversion van or bus means a recreational vehicle consisting of a portable, temporary dwelling to be used for travel, recreation and vacation uses, and constructed as an integral part of a self-propelled vehicle.

c.

Pickup camper means a vehicle designed to be mounted on or loaded into a pickup truck chassis for use as a temporary dwelling for travel and recreation.

d.

Tent means a portable or temporary cover or shelter, with or without side panels, which is supported by poles and is made of canvas, plastic or similar materials.

e.

Travel trailer means a towed vehicle designed as a temporary dwelling for travel and recreation.

Redevelopment means a land use that is limited to lawfully existing buildings and structures. The area surrounding the buildings and structures must have existing utility infrastructure already in place in order to classify as redevelopment.

Regulations mean the requirements of this Chapter wherever they may appear separately.

Roof line means the highest point on any building where an exterior wall encloses usable floor area, including floor area provided for housing mechanical equipment.

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

Setback means the required unoccupied open space between the nearest projection of a structure and the property line of the lot on which the structure is located.

Shopping center means a group of retail and service establishments located in a complex which is planned, developed, owned or managed as a unit, with off-street parking provided on the property.

Sight distance triangle means the area at the four (4) corners of an intersection that is to be kept free of shrubs, ground covers, berms, fences, structures or other materials or items greater than thirty (30) inches in height. Trees shall not be planted in the triangular area. The size of the sight distance triangle is determined as follows:

a.

At the intersection of any two (2) streets or where a street intersects with an alley, a triangle measuring thirty (30) feet along each curb or edge of roadway from their point of intersection, the third side being a diagonal line connecting the first two (2).

b.

At the intersection of a driveway or private access and a street, a triangle measuring fifteen (15) feet in length along the edge of the driveway and along the curb or edge of roadway from their point of intersection, the third side being a diagonal line connecting the first two (2).

Solar collector means a device or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy.

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 attachment to something having a location on the ground, but not including fences or walls used as fences, poles, lines, cables or other transmission or distribution facilities of public utilities.

Substantial change means a modification to an existing tower or base station under the following circumstances:

(1)

A substantial change in the height of an existing tower or base station occurs as follows:

a.

For a tower outside of a public right-of-way, when the height of the tower is increased by more than ten percent (10%), or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater.

b.

For a tower located in a public right-of-way or for a base station, when the height of the structure increases by more than ten percent (10%) or by more than ten (10) feet, whichever is greater.

(2)

Changes in height are measured as follows:

a.

When deployments are separated horizontally, changes in height shall be measured from the original support structure, not from the height of any existing telecommunications equipment.

b.

When deployments are separated vertically, changes in height shall be measured from the height of the tower or base station, including any appurtenances, as the tower or base station existed on February 22, 2012.

(3)

A substantial change in the width of an existing tower or base station occurs as follows:

a.

For a tower outside of public rights-of-way, when the addition of an appurtenance to the body of the tower protrudes from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater.

b.

For a tower in a public right-of-way or a base station, when the addition of an appurtenance to the body of the structure would protrude from the edge of the structure by more than six (6) feet.

(4)

A substantial change also occurs for an existing tower in a public right-of-way or an existing base station as follows:

a.

When the change involves the installation of any new equipment cabinets on the ground, if no ground cabinets presently exist, or

b.

When the change involves the installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any existing ground cabinets.

(5)

A substantial change also occurs for any existing tower or base station when any of the following are found:

a.

When the change involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four (4) new cabinets, whichever is less.

b.

When the change entails any excavation or deployment outside the current site.

c.

When the change would defeat the concealment elements of the eligible support structure.

d.

When the change does not comply with conditions associated with the original siting approval of the construction or modification of the tower, base station or base station equipment. This limitation does not apply if the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in Subsections (1) through (5)(b), hereof.

Supermarket means a retail establishment primarily selling food, as well as other convenience and household goods, which occupies a space of not less than twenty-five thousand one (25,001) square feet.

Technical Review Committee means a committee composed of the Building Official, the Public Works Director, the Town Planner, the Town Engineer and the Town Attorney, as appropriate.

Temporary use means a prospective use intended for limited duration, to be located in a zoning district not permitting such use, and shall not include continuing a nonconforming use or building.

Tower means a structure built for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Trailer means horse trailers and flatbeds not exceeding twenty-five (25) feet in length, and not intended or typically utilized for commercial purposes or a boat trailer intended for transport of a boat.

Trustee means a member of the Board of Trustees.

Urban Agriculture means the use of a parcel of land five (5) acres or smaller in size for the cultivation of food and/or horticultural crops, composting, aquaponics, aquaculture and/or hydroponics. Such use may include the production of food products from food grown on the premises and accessory keeping of animals or bees subject to Town regulations.

Usable open space shall exclude setbacks on and around oil and gas facilities as recommended by the State Oil and Gas Commission and/or the owner or operator of said facilities or other hazards to the public.

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. Used for includes arranged for, designed for, intended for, maintained and occupied for.

Utility shed means a structure which shall be used for the sole purpose of storage and shall not exceed the dimensions of ten (10) feet by twelve (12) feet and not exceed ten (10) feet in height. Utility sheds are not considered accessory buildings.

Variance means a finding that a proposed development implements only the spirit and not the letter of a provision of this Chapter, granted by the approving agency after finding that the failure to implement the provision is only of insignificant proportion and to implement the letter of the provision would work a hardship as defined by law.

Vehicles means any motorized object designed to travel along the ground by use of wheels, treads, runners or slides that can be driven, propelled or moved from place to place utilizing an engine or motor contained within said object, including but not limited to passenger cars, vans, trucks, recreational vehicles, motorcycles and motor scooters.

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, pursuant to Article VII of this Chapter.

Warehouse and distribution means a use engaged in storage, wholesale and distribution of manufactured products, supplies or equipment, including accessory offices or showrooms, including incidental retail sales, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

Width of lot means the distance parallel to the front lot line measured between side lot lines through the part of the building or structure where the lot is narrowest.

Wind energy system means a wind energy conversion system that converts wind energy into electrical power for the primary purpose of sale, resale, or off-site use.

Wireless telecommunication equipment means any equipment used to provide wireless telecommunication service, but which is not affixed to or contained within a wireless telecommunication services facility, but is instead affixed to or mounted on an existing building or structure that is used for some other purpose. Wireless telecommunication equipment also includes a ground-mounted base station used as an accessory structure that is connected to an antenna mounted on or affixed to an existing building.

Wireless telecommunication services means services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal Communications Commission for paging systems, enhanced specialized wireless telecommunication, personal communication services or cellular telephones.

Wireless telecommunication services facility means any freestanding facility, building, pole, tower or structure used to provide only wireless telecommunication services, and which consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless telecommunication services.

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.

Zoning Map means the official zoning map adopted by the Town, as amended.

(Prior Zoning Ord. §104 Art. 9; Ord. 1994-7 §1; Ord. 1995-7 §§3, 11; Ord. 1998-6 §§1—5, 37; Ord. 2003-04 §2; Ord. 2004-7 §2; Ord. 2005-1 §1; Ord. 2010-04 §5; Ord. 2014-01 §1)

(Ord. No. 2015-07, §§ 1, 2, 7-28-2015; Ord. No. 2017-03, § 1, 3-7-2017; Ord. No. 2017-05, § 1, 7-11-2017; Ord. No. 2022-03, § 1, 8-1-2022)