When used in the land use code, words used in the present tense include the future, and vice versa; words used in the singular include the plural, and vice versa. The word "shall" is mandatory, and the word "may" is permissive. Whenever reference is made to any portion of the land use code or zoning code, the reference applies to all subsequent amendments to the land use code or zoning code.

Unless otherwise indicated by the context of their use, when used in the land use code, the words and phrases set forth in this chapter shall have the specific meaning as herein defined.

Accessory building or accessory use means a building or use that is:

(1)

Located on the same parcel as the principal building or use to which it is accessory;

(2)

Clearly incidental, subordinate, secondary and devoted to the principal building or use; the floor area of any accessory building shall not exceed 50 percent of the floor area of the principal building;

(3)

Customarily found in conjunction with the principal building or use; and

(4)

Not designated in any table of uses as being prohibited in the zone district in which it is located.

Accessory dwelling unit ("ADU") means a subordinate residential unit located on the same lot as a single-family dwelling unit and may either be attached or detached, including but not limited to above an attached or detached garage, integrated into any floor of the primary residential unit, or a separately detached unit on the side of or behind the main dwelling structure. Accessory dwelling units typically have separate bathrooms, eating facilities, living areas, and entrances from the primary unit and may or may not have separate utility services.

(Ord. No. 2017-04, § 3, 5-9-17)

Editor's note— Ord. No. 2017-04, § 3, adopted May 9, 2017, repealed the former § 18.02.040 and enacted a new section as set out herein. The former § 18.02.040 pertained to accessory dwelling.

Adjacent as used in describing parcels or uses means the parcels or uses touching any part of the subject parcel or use. If an adjacent parcel or use is a public road, trail, right-of-way, railroad right-of-way, easement, stream or river, the adjacent parcel or use shall also be the parcel or use on the opposite side of such intervening parcel or use.

Adjacent property owner means an owner of record of any real property abutting and within 300 feet of the subject property.

Adult entertainment establishment means any establishment which conducts the sale, rental, display or other offering of live entertainment, dancing, or material which is distinguished or characterized by its emphasis on depicting, exhibiting, describing, or relating to specified sexual activities or specified anatomical areas and including, but not limited to:

(1)

Adult bookstore means any establishment which sells or rents adult materials including, but not limited to: books, magazines, newspapers, movie films, slides or other photographic or written material, or any visual representation, video tapes and/or devices.

(2)

Adult cabaret, restaurant or place of business means a cabaret, restaurant or place of business which features topless and/or bottomless waitresses, waiters, dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.

(3)

Adult hotel or motel means any hotel or motel in which the presentation of adult material is the primary or principal attraction.

(4)

Adult mini-motion picture theater means any fully enclosed theater with a capacity of less than 50 persons in which the presentation of adult material is the primary or principal attraction.

(5)

Adult motion picture arcade means any establishment in which the primary or principal attraction is the presentation of adult material by image-producing devices, typically limited to viewing by five or fewer persons per device.

(6)

Adult motion picture theater means any fully enclosed theatre with a capacity of 50 or more persons in which the presentation of adult material is the primary or principal attraction.

(7)

Adult novelty store means any establishment which as a substantial or significant portion of its stock in trade sells or rents adult materials including, but not limited to: apparel, bakery products, novelties, gifts, or any visual representation, and/or devices.

(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)

Agriculture means farming or ranching uses, including buildings for shelter of farm or ranch animals or property primarily employed in farming or ranching, including the grazing or raising of livestock (except in feedlots). An agricultural use may include those activities necessary to operate the agricultural business, however, it does not include processing of agricultural products, which shall only be permitted pursuant to the underlying zone district for the subject property.

Alcoholic beverage and medical marijuana operations means the manufacturing, production, distribution or sale of alcoholic beverages, except as provided in Section 12-47-106, C.R.S., and the cultivation, manufacturing, distributing or selling of medical marijuana, except by a patient registered pursuant to Section 25-1-5-106, C.R.S., and in compliance with Section 14, Article XVIII, of the Colorado Constitution and Article 43.3, Title 12, et seq., C.R.S.

(Ord. 2010-21)

Alteration, as applied to a building, means any change, addition or modification in construction, occupancy or use.

Amphitheater means a theater, including outdoor theaters, arenas and band shells for outdoor music concerts, circuses, carnivals, rodeos and productions that may or may not be lighted.

Appeals Board means the Board of Adjustment or Hearing Officer appointed pursuant to Section 18.16.050(f), or the Town Council when hearing an appeal of a Final Action of the Planning and Zoning Commission.

(Ord. No. 2024-07, § 1(Exh. A), 8-13-24)

Automotive sales and repair, major means an establishment primarily engaged in the sale, servicing, maintenance or repair of commercial and heavy truck oriented vehicles, trailers and similar large mechanical, farm or construction equipment, including paint, body and fender and major engine and engine part overhaul. Overnight outdoor storage of vehicles is prohibited; all sales and repairs must be conducted inside a completely enclosed building. Such use shall not include the retail sale of fuel, gasoline or petroleum products. Automotive sales and repairs establishments with vehicles left outside overnight are considered to have outdoor storage as per section 18.05.585 and therefore not accessory to the establishment. Establishments with outdoor storage shall be located in appropriate zone districts.

(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)

Automotive sales and repair, minor means an establishment primarily engaged in the sale, servicing, maintenance or repair 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. Overnight outdoor storage of vehicles is prohibited; all sales and repairs must be conducted in a completely enclosed building. Automotive sales and repairs establishments with vehicles left outside overnight are considered to have outdoor storage as per section 18.05.585 and therefore not accessory to the establishment. Establishments with outdoor storage shall be located in appropriate zone districts.

(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)

Bar or tavern means a licensed establishment providing or dispensing fermented malt beverages, and/or malt, vinous or spirituous liquors for consumption on the premises and in which the sale of food products such as sandwiches or light snacks is secondary.

Bed and breakfast means a lodging establishment operating as an overnight guest facility for a fee in a private residence or a portion thereof, which is occupied by the owner or a resident manager. Kitchen and dining facilities serve only residents and overnight guests and are not operated in the manner of a commercial restaurant, and facilities are not used for any commercial activities such as catered private parties or receptions, retail sales or similar activities.

Building means any structure used or intended for supporting or sheltering any use or occupancy. For purposes of the zoning code, the term "building" refers to structures that although movable, are designed primarily to remain in one place once constructed or attached to the ground or a foundation; mobile homes are not buildings; however, manufactured homes are considered buildings.

Bulk storage of dangerous materials means the bulk storage of dangerous materials for delivery and sale, including but not limited to petroleum products, LPG (wholesale), natural gas, fertilizer, methane, or other volatile, explosive, hazardous or dangerous materials that may create hazardous or commonly recognized offensive conditions.

(Ord. No. 2013-13, 9-24-13)

Bulk storage of liquefied petroleum gas means the bulk storage of LPG used for retail purposes only.

(Ord. No. 2013-13, 9-24-13)

Child care center means a licensed facility, by whatever name known, which is maintained for the whole or part of a day for the care of five or more children who are 18 years of age or younger and who are not related to the owner, operator or manager, whether the facility is operated with or without compensation for such care and with or without stated educational purposes, but specifically excluding a family child care home as defined in this zoning code. Operating a child care center without proper licensure as required by the Colorado Child Care Licensing Act shall constitute a zoning violation. Reference: Section 26-6-102(1.5), C.R.S.

A non-secular or non-profit facility or establishment that includes, at a minimum, a sanctuary space, religious education, and/or ministry, and may also include clothing and food distribution (kitchen facility), counseling, employment assistance, study or library space, child care services, referral services, support groups, and assembly room. A place of worship is limited to one single-family dwelling unit. A place of worship does not include businesses operated by the religious group for support of religious activities or for charitable purposes.

(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)

Code shall mean the Gypsum Municipal Code.

Common property means a parcel of land, an area of water, or a combination of land and water, including easements, private streets, roads and parking areas and trails and pedestrian areas, within the site designated for a planned unit development (PUD) designed and intended primarily for the use or enjoyment of residents, occupants and owners of the planned unit development.

Conditional use permit means a permit that must be obtained prior to initiating certain uses as noted in the tables of uses for various zone districts contained herein. It also refers to a permit that must be obtained prior to initiating a use which imposes no greater impacts on the need for services and adjacent properties and is consistent with a permitted use, but which is not listed as a permitted use in the tables of uses. Conditional use permits are issued administratively and may contain conditions designed to minimize the adverse effects of the proposed use on neighboring properties. No notice or hearing is required prior to issuance of a conditional use permit.

Covenants means a private written agreement outlining regulations specific to a development. As private restrictions, they are not enforced by the town. In the event of conflict between the covenants and this zoning code, the zoning code controls.

Developable area means the area of a parcel that is capable of being receptive to construction without major grading, draining or flood plain alterations. Areas that would not be considered as developable include, but are not limited to:

(1)

Areas within a 100-year flood plain;

(2)

Areas within any geological hazard zone;

(3)

Areas where the slope is greater than 30 percent;

(4)

Jurisdictional wetlands, as determined by the US Army Corps of Engineers or the Colorado Department of Public Health and Environment, Water Quality Control Division, whichever standards employed are more restrictive; and

(5)

Easement areas or designated setbacks.

(Ord. No. 2023-11, § 1, 9-26-23)

Development plan means the written and graphical documents that detail the provisions for development of a planned unit development (PUD). These provisions may include, but need not be limited to, easements, covenants and restrictions relating to use; location and bulk of buildings and other structures; intensity of use or density of development; utilities, private and public streets, ways, roads, pedestrian areas, and parking facilities; common open space, and other public facilities.

Editor's note— Ord. No. 2020-11, § 1, adopted Aug. 11, 2020, repealed former § 18.02.240 in its entirety which provided a definition for the term "duplex." No legislative history was provided for this former section.

Dwelling means a building or mobile home used for human residential occupancy.

Dwelling unit means one or more rooms in a dwelling designed for occupancy by one household, and having its own cooking, sleeping and sanitary facilities.

(Ord. No. 2025-08, § 1, 5-13-25)

Easement means a right to use 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.

Editor's note— Ord. No. 2025-08, § 2, adopted May 13, 2025, repealed § 18.02.280, which pertained to family and derived from prior code.

Family child care home means a licensed facility for child care in a place of residence of a family or person for the purpose of providing less than 24-hour care for children under the age of 18 years who are not related to the head of such home. Operating a family child care home without proper licensure as required by the Colorado Child Care Licensing Act shall constitute a zoning violation. Reference: Section 26-6-102(4), C.R.S.

Final Action means the later of the final vote or written decision on a matter.

(Ord. No. 2024-07, § 1(Exh. A), 8-13-24)

Floor area means the sum of the gross horizontal area of all floors of a building, including habitable penthouses, attic space and basements, but not including vent shafts, courts, or uninhabitable areas below ground or in attics.

Front, when used in reference to a building or parcel, means the side providing the primary access, whether by public or private street, road or driveway.

Frontage means the length of the property line of a parcel which abuts a legally accessible street.

Funeral home means a building or establishment used for the preparation of the deceased for burial or cremation, for the display of the deceased and/or for ceremonies or services related thereto, including cremation and the storage of caskets, funeral urns, funeral vehicles and other funeral supplies.

Gas station means any establishment, building, land area, premises or portion thereof, where gasoline and or other petroleum products or fuels are sold or where light maintenance activities such as engine tune-ups, lubrication, brake services, tire services, transmission services and minor repairs may be conducted.

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

Group home, developmentally disabled/mentally ill means a group home, licensed by the state, for the exclusive use of not more than eight developmentally disabled or mentally ill persons and the appropriate staff.

Heavy industrial means uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing process using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions. Heavy industrial shall also mean solid waste or sanitary waste transfer stations, and recycling processing facilities.

Height means the average distance measured vertically from the mid-point between the eave and the ridgeline within the building footprint, on a proposed or existing roof or eave to the existing or finished grade (whichever is more restrictive) located directly below said mid-point.

Home occupation means any occupation, trade or business carried on as a secondary use of property devoted primarily to residential use.

Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as an emergency room, laboratories, out-patient departments, rehabilitation departments, training and central service facilities and staff offices, medical office buildings or a satellite facility operated by a hospital located outside the Town of Gypsum.

Hostel means a lodging establishment with an owner, manager or staff member required to be present on the premises, that provides overnight accommodations and in which the guests may share bedrooms or dormitory facilities, bathrooms, a kitchen and a lounge. Such accommodations may be provided for a fee or in exchange for services by the guest at the facility.

Hotel or motel means a building or group of associated buildings designed for occupancy as a temporary lodging place which is operated under a single management providing the occupants thereof the usual accommodations, services and facilities.

(Ord. No. 2023-06, § 1, 6-27-23)

Editor's note— Ord. No. 2023-06, § 1, adopted June 27, 2023, amended § 18.02.420 in its entirety to read as herein set out. Former § 18.02.420 pertained to hotel/motel/lodging establishment and derived from Ord. No. 2019-06, § 1(Exh. A), adopted Aug. 13, 2019.

Household means any individual or number of persons, whether related or unrelated, occupying a dwelling unit.

(Ord. No. 2025-08, § 3, 5-13-25)

Intermediate health care facility means a health-related institution or establishment planned, organized, operated and maintained to provide facilities and services which are supportive, restorative or preventative 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 24-hour per day nursing services are required.

Land use code shall mean the provisions of Titles 15, 17, 18, 20 and 21 of the Code.

Landscape may include the following features:

(1)

Typical grass, trees, shrubs or existing native vegetation; or

(2)

Xeriscape design with drought tolerant tree and shrub species with a ground cover of rock, bark mulch, or similar material; or

(3)

Rock lined drainage swales to accommodate storm drainage needs; or

(4)

Drought tolerant native seed initially established with above ground irrigation, but cannot exceed 75 percent of required landscape area; or

(5)

Public use areas which may include seating, activities or games area, public art displays, fountains or other similar uses encouraging public use; or

(6)

Any combination of the above is allowed and attractive landscaping must be created along street frontages.

(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)

Light industrial 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. Light industrial shall also mean uses such as the manufacture of electronic instruments; preparation of food products; the operation, parking and maintenance of vehicles; pharmaceutical manufacturing; research and scientific laboratories or the like; and transport terminals (truck terminals, public works yard, container storage). Light industrial shall not include uses such as asphalt batch plants, mining and extracting industries, petrochemical industries, rubber refining, primary metal or related industries.

Long-term lodging establishment means a hotel or motel that may provide short-term temporary lodging of up to 29 days, but in which a portion of guest rooms are designed for extended temporary stays of 30 days up to a maximum of 360 consecutive days and include amenities designed for extended stays such as kitchen facilities within individual units and living and sleeping areas.

(Ord. No. 2023-06, § 2, 6-27-23)

Lot means a legally subdivided parcel of land which is recognized as a separate legal parcel for the purpose of transferring of legal title.

Lot coverage means the portion of a lot covered by a building or buildings including roof overhangs, covered porches, covered walkways or other similar covered areas.

Manufactured home means a single-family dwelling that is partially or entirely manufactured in a factory after June 15, 1976; is not less than 12 feet in width and 32 feet in length; is built on a permanent chassis; and complies with regulations of the U.S. Department of Housing and Urban Development (HUD). Newly installed manufactured homes must be no older than five years at the time of installation on a vacant lot or if it is older than five years at the time of installation it must be replacing an older mobile or manufactured home and visually improving the existing location. (Ord. 2011-3)

Medical and dental offices and clinics means an establishment operated by one 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.

Mobile home means a structure that is partially or entirely manufactured in a factory prior to June 15, 1976; is not less than twelve feet in width and thirty-two feet in length; is built on a permanent chassis and designed to be used as a dwelling when connected to required utilities; and complies with labeling certification compliance to the Standard for Mobile Homes, NFPA 501, in effect at the time of manufacture. A mobile home is not a building, but shall be subject to regulations governing lot coverage and use, floor area, setbacks, height and occupancy limitations.

Modular home means a dwelling that is partially or entirely manufactured in a factory, is not built on a permanent chassis, and is constructed in conformance to the International Residential Code.

Multifamily, when referring to a dwelling, means a building containing duplexes, triplexes, fourplexes, townhouses, row houses, condominiums or apartments designed or used as two or more dwelling units, the total number of families in residence not exceeding the total number of dwelling units.

Nightclub means a bar, tavern or restaurant licensed to sell alcoholic beverages and containing more than 100 square feet of dance floor area.

Nonconforming means a use, building, structure, lot, parcel or condition that was lawful when initiated, created or constructed, but which does not currently comply with the requirements of the land use code.

Nursing care facility means a health institution or establishment planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients who require regular medical care and 24-hour per day nursing services for illness, injury or disability, which meets the state nursing home licensing standards and the requirements in federal regulations for certification as a qualified provider of nursing facility services. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide 24-hour per day nursing services under the direction of a registered nurse employed full time.

Official zoning district map means the official zoning district map of the town, together with all ordinances adding to or amending the official zoning district map adopted from time to time by the town council.

Office means a building or portion of a building used for the transaction of administrative, executive, business, professional or clerical operations, such as offices of physicians, dentists, lawyers, architects, engineers, musicians, teachers, accountants, real estate agents, insurance agents, brokers, corporate offices, financial institutions, development companies, insurance companies, design companies, government offices and other similar businesses and professions and services where there is limited storage, sale or display of merchandise for retail sale on the premises accessory to the business, profession or services offered.

Off-street parking means the area on a parcel designed to accommodate a parked motor vehicle as an accessory use of the parcel.

Open space means any specifically designated or dedicated parcel or portion thereof that may be used for park, agricultural, recreation or conservation opportunities. Construction within open space is limited to foot paths, bridges, irrigation structures, erosion protection devices, underground utilities, outdoor recreation facilities, and similar type uses, unless further restricted by conservation easement. Ownership of open space may be deeded to a property owner's association, dedicated to the public, or protected in other forms deemed acceptable to the town council. Indoor recreation facilities shall not be included in open space.

Usable open space means open space designed for use as common areas, including, but not limited to parks, recreation areas, gardens, paths, walkways and trails. The term shall not include space devoted to streets and parking and loading areas, areas with slopes greater than 30 percent, land under water, lands within critical wildlife habitat areas, lands within riparian areas and 100-year floodplains that are preserved as open space, unless specifically designated as usable open space by the town council because of its recreation, wildlife or other aesthetic value.

Outside storage means the accumulation or storage of parts, appliances, materials, equipment and merchandise not kept within an approved structure; the storage of trailers, whether abandoned or used for business or commercial purposes, as an office, or for the storage of items; the overnight storage of inoperable motor vehicles and/or off-road vehicles, motor vehicles and/or off-road vehicles needing repair, or those which have had valid license plates or other identifying marks removed; the overnight storage of motor vehicles and/or off-road vehicles that have been left unattended or unmoved for more than seven days; and the storage of motor vehicles and/or off-road vehicles that are available for rent. "Outside storage" does not include motor vehicles and/or off-road vehicles for sale (including automobiles, ATVs, snowmobiles, recreational vehicles, motorcycles), the storage of materials within a garage or other fully enclosed structure, and the temporary display of outdoor seasonal merchandise for retail operations for no more than 12 consecutive weeks per year. Outside storage is prohibited, except by conditional use permits in the LI, HI and ID zone districts which meets all screening requirements of section 18.12.025.

(Ord. 2014-01)

(Ord. No. 2019-09, § 2, 8-13-19; Ord. No. 2021-04, § 1, 6-8-21)

Owner means any Person, or group of Persons, having record title to a property, and the Owner's agent.

(Ord. No. 2024-07, § 1(Exh. A), 8-13-24)

Parcel means any separately described or conveyed parcel of land that has been created by conveyance, subdivision or otherwise, whether legally subdivided or not, and includes lots, tracts, parcels, outlots, and parcels designated by other names.

Park means a park equipped with improvements or facilities for particular leisure, pastime, and recreational use, such as tennis, basketball, swimming, baseball, batting cages, skateboard parks, soccer, football, horseshoes, ice skating, athletic fields, playground equipment, snow sledding, climbing, walking and other similar and related activities which may or may not be lighted. Parks are usually available to the use by the general public.

Person means any individual, entity, firm, partnership, joint venture, association, club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, governmental entity, or informal association of the same.

Pet animal facility means an establishment required to be licensed by the Colorado Department of Agriculture for the keeping of pet animals for the purpose of adoption, breeding, boarding, grooming, handling, selling, sheltering, trading, or otherwise transferring such animals. Reference: Pet Animal Care and Facilities Act, C.R.S. § 35-80-101, et seq.

Planned unit development (PUD) means a project of a single owner or a group of owners acting jointly, involving a related group of residences, businesses, or industries and associated uses. Planned as a single entity, the project is subject to development and regulation as one land use unit rather than as an aggregation of individual buildings located on separate lots. The planned unit development does not correspond in lot size, bulk, or type of use, density, lot coverage, open space, or other restriction to the existing land use regulations set forth in this zoning code. The planned unit development shall include usable, functional open space for the mutual benefit of the entire tract and is designed to provide variety and diversity through the variation of normal zoning and subdivision standards so maximum long-range benefits can be gained, and the unique features of the development or site preserved and enhanced while still being in harmony with the surrounding neighborhood. A planned unit development is a separate zone district that may be approved by the town council in accordance with the provisions of chapter 18.09. Notwithstanding the approval of a PUD zone district, a final plat must be approved pursuant to title 17, subdivision regulations, prior to any subdivision or separate conveyance of land within the planned unit development. Any application for a planned unit development shall be submitted and processed simultaneously with the processing of the subdivision application for the same property.

Public hearing means a meeting called by a public body for which 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.

Playground means a parcel used for outside recreation use. Playgrounds may be unimproved or improved with playground facilities, picnic areas, and similar facilities mainly meant to serve children. Playgrounds may or may not be available for use by the general public.

(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)

Public meeting means any meeting of the town council, planning and zoning commission or the board of adjustment open to the public pursuant to Part 4 of Article 6 of Title 24, C.R.S., or any other law of this state.

Recreation center means a building or portion thereof designed for recreational uses, including nonspectator and spectator games, events, sports, and other recreational activities and programs including organized leagues and programs, and individual or unorganized programs. Recreational use includes all uses generally associated with a recreation center, gymnasium or other indoor recreation or sports complex, including basketball, racquetball, swimming, gymnastics, weight-lifting, dancing, volleyball, court games and sports, board games, gym, indoor climbing, boxing, martial arts, theater, art, education programs, and other similar and related activities.

Recreation facility, indoor means an establishment providing completely enclosed recreation, training or fitness activities, including but not limited to bowling, electronic games, roller skating or ice skating, billiards or pool, theater, motion picture theater, dance studio, equestrian center, health club, spa, boxing, martial arts, climbing, swimming, tennis and related amusements. Accessory uses may include the preparation and serving of food and/or sale of clothing and equipment related to such uses.

Recreation facility, outdoor means an outdoor establishment or enterprise whose main purpose is to provide the general public with an entertaining activity, where tickets are sold or fees are collected, including but not limited to miniature golf courses, golf driving ranges, go-kart tracks, water parks, children's rides, outdoor arcades, skateboard parks, rodeo arena or a fairground.

Recreational vehicle park means a parcel of land specifically developed for locating recreational vehicles, travel trailers, mounted camper units, motor homes, tiny houses, and camping trailers; and may also include tents erected for periods not exceeding 30 days for recreational or vacation purposes. Within such a park, a sanitary waste station may be allowed by a conditional use permit for the purpose of removing and disposing of waste from a self-contained camping vehicle's sewage holding tanks. All recreational vehicle parks shall comply with the Colorado Department of Health Standards and Regulations for campgrounds and recreation areas in addition to the requirements set forth in the Gypsum Municipal Code, except that where the two conflict, the Gypsum Municipal Code shall govern.

(Ord. No. 2017-13, § 1, 10-10-17)

Recycling facility means a building or lot used for the collection and/or processing of recyclable material including, but not limited to glass, metal, paper, plastic and oil. Processing shall mean the preparation of material for efficient shipment by such means as baling, compacting, flattening, grinding, crushing, mechanical sorting or cleaning. Such a facility, if entirely enclosed within a building or buildings with no outside storage, shall be considered a warehouse.

Restaurant means any establishment in which the principal business is the sale of food and beverages to customers in a ready-to-consume state; that may be licensed to produce and sell fermented malt beverages as an accessory use, or to sell fermented malt beverages, vinous and spirituous liquors for consumption on the premises; and from which service of food and beverages may be made from a drive-through facility, at a counter or at a table.

Retail establishment means the transaction of sales or leasing or rendering of services directly to ultimate consumers, as distinguished from wholesale sales or services for subsequent resale. Storage and distribution shall be accessory to the retail as the main use.

(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)

Salvage or wrecking yard means a place where motor vehicles and parts are wrecked, disassembled, repaired and resold; a place where secondhand goods including waste paper, bottles, automobile tires, clothing, other scrap materials and salvage are collected to be stored; and a place where used lumber and used building materials are stored for sale or resale.

Second Dwelling Unit means one additional dwelling unit, limited between 800 and 1,200 square feet in size, that is secondary to the single-family dwelling unit allowed on rural residential and agricultural zoned properties. This Second Dwelling Unit cannot be subdivided or sold separately.

(Ord. No. 2020-11, § 2, 8-11-20)

Self-service storage facilities 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. If sold by condominium plat, assigned parking and signage for each unit shall be a condition of plat approval.

Setback means the horizontal distance between the parcel boundary and the nearest point of any structure measured at right angles to the property line, excepting roof overhangs not to exceed 24 inches.

Short-term lodging establishment means a hotel or motel that provides temporary lodging for up to a maximum of 29 consecutive days.

(Ord. No. 2023-06, § 3, 6-27-23)

Single-family, when referring to a dwelling, means a detached dwelling designed for or used by one household.

(Ord. No. 2025-08, § 4, 5-13-25)

Solar energy flush roof mounted means solar panels and appurtenances mounted on roof tops parallel to the roof top with no more than a two-foot separation between the roof top and solar panels.

(Ord. No. 2020-03, § 2, 2-25-20)

Solar energy ground mounted means one or more solar panels and appurtenances mounted from the ground or other structures not considered a roof top.

(Ord. No. 2020-03, § 3, 2-25-20)

Special use permit means a permit issued by the planning and zoning commission following notice and a public hearing, to undertake a use enumerated as "s" or not included in the zone district tables of uses, and which may only be granted upon a showing that the proposed use will not unreasonably adversely affect neighboring parcels. In the staff's discretion, it may also refer to a permit that must be obtained prior to initiating a use which is not listed as a permitted use in the table of uses. Special use permits, if granted, may contain conditions necessary or appropriate to prevent or mitigate adverse effects on neighboring properties.

Structure means anything constructed or erected that is not primarily intended to be mobile, but not including poles, lines, cables or other transmission or distribution facilities of public utilities, mailboxes and light fixtures.

Studio apartment means an attached dwelling unit not greater than 650 square feet in size consisting of a single room for cooking, eating, sleeping and living, and a separate room for bath and toilet facilities.

Truck stop means an establishment engaged primarily in the fueling, servicing, repair or parking of tractor trucks or similar heavy commercial vehicles, including the sale of accessories and equipment for such vehicles. A truck stop may also include overnight accommodations, showers or restaurant facilities primarily for the use of truck crews.

Variance means authorization for an applicant to depart from the requirements of this zoning code. The purpose of a variance is to allow a property owner to initiate or maintain a use that would otherwise constitute a violation of this zoning code.

Veterinary facilities, small animal clinic means any establishment maintained by or for the use of a licensed veterinarian in the diagnosis, treatment or prevention of animal diseases wherein the animals are limited to dogs, cats or other comparable household pets and wherein the overnight care of animals is allowed when necessary for the medical treatment of the animal. A pet animal facility may be allowed as an accessory use by special use permit.

Veterinary clinic means any establishment which is maintained by or for the use of a licensed veterinarian in the diagnosis, treatment or prevention of animal disease. A pet animal facility may be allowed as an accessory use by special use permit.

Warehouse and distribution means a use engaged in storage, wholesale, and distribution or delivery of manufactured products, supplies, equipment or packages, including accessory offices or showrooms, including incidental retail sales.

Wireless telecommunications equipment means any equipment used to provide wireless telecommunications services, but which is not affixed to or contained within a wireless telecommunications facility, but is instead affixed to or mounted on an existing building or structure that is used for some other purpose. Wireless telecommunications 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 telecommunications facility means any freestanding facility, building, pole, tower or structure used to provide only wireless telecommunications services, and which consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless telecommunication services.

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 telecommunications, personal communication services or cellular telephone.

Yard means the area of a lot or parcel not included within a structure, parking area, or driveway, except fences, which is generally landscaped or left in native vegetation. For fencing structures, the front yard is the area straight out to the side of the front corners of the structure and towards the street frontage while the rear and side yard is measured straight out to the side of the front corners of the structure to the back. Corner lots are subject to street frontages on both sides.

(Ord. 2012-13(1)

Zoning code means the regulations contained in title 18 of the Code.