Access means the place, means or way by which pedestrians and vehicles shall have adequate, usable and legal ingress and egress to property, use or parking space.

Access grade means the slope of a road, street, driveway or other means of access, as measured from the edge of asphalt along the centerline of the means of access.

Accessory building, structure or use means a subordinate building, structure, or use, which is:

(1)

Integrally related, subordinate and clearly incidental to an existing principal building, structure or use of the land;

(2)

Located on the same lot (or on a contiguous lot in the same ownership) with the principal building, structure or use;

(3)

Used only at the same time as the principal building, structure or use is active and operational; and

(4)

Not detrimental or an alteration of the character of the area in which the building, structure or use is located.

An accessory building, structure or use shall include, but not be limited to, storage sheds and detached garages. Microwave dishes, antennas and similar devices which have a surface area of six square feet or larger shall also be considered accessory structures and shall comply with requirements for accessory buildings and structures, including height requirements.

Accessory dwelling unit means an apartment integrated within a single-family dwelling, or located in a detached accessory building, such as carriage houses or agricultural-type outbuildings, located on the same lot as single-family dwellings.

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

Adjacent property owner means an owner of record of any estate, right or interest in real property abutting the subject property.

Affordable housing project means a development project in which:

(1)

At least 75 percent of the gross acreage to be developed under the plan is to be developed as residential dwelling units or mobile home park spaces;

(2)

At least ten percent of said dwelling units or spaces (the "affordable housing units") are to be available for rent or purchase on the terms described in the definitions of "affordable housing unit for rent" or "affordable housing unit for sale" (as applicable);

(3)

The construction of the dwelling units or spaces is to occur as part of the initial phase of the project and (i) prior to the construction of the market rate units or (ii) on a proportional basis, according to the same ratio as the number of affordable units bears to the number of the market rate units; and

(4)

The units will be required by binding legal instrument acceptable to the town and duly recorded with the Routt County Clerk and Recorder, to be occupied by and affordable to low-income households for at least 20 years.

Affordable housing unit for rent means a dwelling unit which is available for rent on terms that would be affordable to households earning 80 percent or less of the median income of Routt County residents, as adjusted for family size, and paying less than 30 percent of their gross income for housing, including rent and utilities. The unit must be occupied by and be affordable to such low-income household(s) for a period of at least 20 years.

Affordable housing unit for sale means a dwelling unit which is available for purchase on terms that would be affordable to households earning 80 percent or less of the median income of Routt County residents, as adjusted for family size and paying less than 38 percent of their gross income for housing, including principal, interest, taxes, insurance, utilities and homeowners' association fees. The unit must be occupied by and affordable to such low-income household(s) for a period of at least 20 years or permanently.

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

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

Agritourism enterprise means activities conducted on a working farm or ranch and offered to the public for the purpose of recreation, education or active involvement in the farm or ranch operations. This term includes, but is not limited to, farm tours, hayrides, cooking classes, and classes related to agricultural products or skills offered in conjunction with the above. An agritourism enterprise may include accommodations as an accessory use.

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

Alteration means any change, addition or modification in construction, occupancy or use or change in the exterior materials or design which is inconsistent with an approved design.

Amusement center means an establishment providing completely enclosed recreation activities including, but not limited to bowling, roller skating or ice skating, billiards, swimming pools, motion picture theaters, and related amusements. Accessory uses may include the preparation, serving and sale of food and/or sale or rental of equipment related to the enclosed uses.

Amusement park means an outdoor enterprise whose main purpose is to provide the general public with entertaining activity, where tickets are sold or fees collected at the activity. Commercial amusements include miniature golf courses, outdoor arcades, Ferris wheels, children's rides, roller coasters, skateboard parks, go-cart tracks, water parks and similar uses.

Animal boarding, large means the operation of an establishment in which domesticated animals other than household pets are housed, groomed, bred, boarded, trained or sold. This term shall not include the operation of a kennel.

Animal boarding, small means a facility licensed to house dogs, cats or other household pets and/or where grooming, breeding, boarding, training or selling of animals is conducted as a business.

Animals, domestic means common household pets, such as dogs and cats, kept for amusement, companionship, decoration or interest.

Animals, food means fish, fowl, cattle, swine, sheep and others raised for the purposes of food consumption.

Animals, wild means animals, such as wolves, tigers, lions and snakes that are not normally a domestic animal or farm animal and would ordinarily be confined in a zoo or found in the wild.

Appeal means a request by an applicant to the board of adjustment or Council for a review of an administrative interpretation of any provision of this chapter or a request for a variance.

Applicant means an owner of real property, including mineral owners and lessees, or the owner's representative or owner of an option to acquire the property or portion thereof, who is authorized to represent and/or act upon any application or submittal.

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

Arcade is a series of arches supported on piers or columns.

Area of lot means the total horizontal area within the lot line boundaries of a lot.

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.

Balcony means that portion of a structure that is essentially open and outward from the main building with a floor and a railing, with or without a ceiling and over four feet above the existing ground level.

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

Basement means the definition of "basement" as set forth in the most recent version of the International Building Code adopted by the town.

Beacon, revolving means a rotating source of light or electronic simulation of a revolving source of light.

Bed and breakfast means an establishment operated in a private residence or portion thereof, which provides temporary accommodations to overnight guests for a fee.

Bikeway means a path designed for use by bicyclists, which may be used by pedestrians.

Blank wall means an exterior building wall with no openings and a single material and uniform texture on a single plane.

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, waterways or any barrier to the continuity of development or land which is designated as a block on any recorded subdivision plat.

Board of adjustment means a board appointed by the Council whose principal duties are to hear appeals and, where appropriate, grant variances from the strict application of this Development Code as described in section 10.16.110.

Boarding and rooming house means a building or portion of which is used to accommodate, for compensation, four 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.

Bollard means a pole used to close a road or path to vehicles above a certain width.

Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is permanently affixed to the land and has one or more floors and a roof.

Building code(s) means the building codes adopted in title 15, Hayden Municipal Code, as may be amended.

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 primary entrance to the building.

Building height is measured from the existing or finished grade (based on the average of the center of all walls), whichever is more restrictive, to the top of the parapet or highest roof beam (whichever is higher) on a flat or shed roof, to the top of the parapet or deckline (whichever is higher) on a mansard roof, or the average distance between the highest ridge and its eave on a gable, hip, or gambrel roof.

Caliper means the American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six inches above the ground for trees up to and including four-inch caliper size and as measured at 12 inches above the ground for larger sizes.

Cash-in-lieu or fee-in-lieu means that the payment of funds to the town instead of the dedication of a real property interest when the Council determines that the dedication of real property interest is not practical or as beneficial as payment of cash-in-lieu of land dedication. Payment of cash-in-lieu or fee-in-lieu shall comply with the following requirements unless otherwise provided for by this Development Code:

(1)

Payment shall be based on the fair market value of the entire property based on the per square foot value of the property with the requested development approval that requires dedication of land or cash-in-lieu.

(2)

The value of the land shall be based upon an amount negotiated between the town and the applicant taking into consideration sales of comparable properties. In the event that the town and the applicant are not able to negotiate a mutually acceptable per square foot value for cash-in-lieu or fee-in-lieu of dedication of land, the applicant shall provide an appraisal to the town at the applicant's cost for consideration by the Council. The Council may accept the applicant's proposed appraised value or may reject the applicant's proposed appraised value and commission an independent appraisal which shall be paid by the applicant. The Council shall then use appraised value as set forth by the appraisal commissioned by the town.

(3)

Combination of dedication and cash-in-lieu:

a.

The applicant, at the option of the Council, may meet the dedication requirements through a combination of cash-in-lieu and land dedication in those cases where a portion of the dedication of land is not desired.

b.

The value of the combination of both the land dedication and the cash-in-lieu of land shall not exceed the full market value of the total required dedication of sites and land areas.

Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including mausoleums and mortuaries when operated in conjunction with and within the boundaries of, such cemetery.

Childcare center means a facility, by whatever name known, which is maintained for the whole or part of a day for the care of five or more children under the age of 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 24-hour-per-day care for dependent and neglected children, but specifically excludes any childcare home as defined in this Code. Childcare centers are also those facilities for children under the age of six 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 at least six grades so long as the school system is not also providing extended day services.

Childcare home means a facility for childcare 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. "Childcare home" may include infant-toddler child care homes, large child care homes, experienced provider child care homes and such other types of family child care homes designated by rules pursuant to C.R.S. § 26-6-106(2)(p).

Church means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

Clerestory means a portion of an interior rising above adjacent rooftops and having windows admitting daylight to the interior.

Clinic means a building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities or operating rooms for major surgery.

Clubs and lodges means organizations of 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.

Code or Development Code means this title 10, Hayden Development Code, of the Hayden Municipal Code, and amendments thereto.

Commercial mineral deposit means oil, gas, gravel and other natural deposits that may be extracted from a property for economic benefit.

Common element means that portion of a condominium project held in common ownership by the owners or the condominium association or that portion of a project other than a condominium project which is not under the exclusive ownership or possession of the owners or occupants of a limited portion of the project.

Common open space means open space designed and intended primarily for the use or enjoyment of residents, occupants and owners of a specific property or development.

Community facility means a publicly owned facility or office building which is primarily intended to serve the recreational, educational, cultural, administrative or entertainment needs of the community as a whole.

Compatibility means the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. "Compatibility" does not mean "the same as." Rather, "compatibility" refers to the sensitivity of development proposals in maintaining the character of existing development.

Compressed gravel means gravel that has 95 percent compaction at standard proctor densities at two percent ± optimum moisture content.

Condominium means an individual airspace unit together with the interest in the common elements appurtenant to such unit.

Connecting walkway means:

(1)

Any street sidewalk; or

(2)

Any walkway that directly connects a building entrance to the street sidewalk and connects other origins and destinations for pedestrians, including but not limited to commercial establishments, schools, parks, dwellings, work places and transit stops, without requiring pedestrians to walk across parking lots or driveways, around buildings or following parking lot outlines which are not aligned to a logical route.

Conservation easement means an interest in real property that provides the owner of the easement the right to prohibit certain users or acts with respect to the property in order to maintain the property in a manner that will preserve its value for recreation, education, habitat, open space or historical importance. See also section 38-30.5-102, C.R.S.

Construction means work done on a job site that alters the existing conditions of a property.

Construction staging plan means a site plan submitted with final design and building permit plans showing, at the minimum: contractor parking, construction materials storage, limits of site disturbance, snow storage, refuse storage, sanitation facilities, project signage and construction trailer location, as applicable. The staging plan may be combined on the same plan sheet as the pollution control plan.

Container (also known as cargo or shipping container) means a truck trailer body that can be detached from the chassis for loading into a vessel, a rail car or stacked in a container depot. Containers may be ventilated, insulated, refrigerated, flat rack, vehicle rack, open top, bulk liquid or equipped with interior devices.

Contiguous (see definition for "adjacent".)

Convenience retail store means a retail store containing less than 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.

Cornice means a continuous, molded projection that crowns a wall or other construction, or divides it horizontally.

Council means the governing board of the Town of Hayden.

Covenants means private written agreements 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 Code, this Code controls.

Critical plant community means vegetation which is essential to the conservation of threatened or endangered species and which may require special management considerations or protection.

Crosswalk means a pathway delineated on a street for pedestrians to cross.

Cul-de-sac means a local street with only one outlet and having the other end for the reversal of traffic movement.

Cultural assets means buildings, locations and their features considered historically or socially significant to the community.

Dedicated real property interest means real property interest transferred to the town by platting, title, deed or other legal method as approved by the town attorney.

Dedication means any grant by the owner of a right to use real property for the public in general, involving a transfer of property rights and an acceptance of the dedicated property by the appropriate public agency.

Density, dwelling units per acre 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. For the purposes of calculating residential density, each accessory dwelling unit is equivalent to one-half of a dwelling unit.

Design standard means any standard that sets forth specific requirements for development improvements.

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 the grading or clearing of land, the erection, construction or alteration of structures, the change of use of a property or the division of property to create two or more separate ownership interests. "Development" shall also include:

(1)

Any construction, placement, reconstruction, alteration of the size or material change in the external appearance of a structure on land;

(2)

Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development;

(3)

Any change in use of land or a structure;

(4)

Any alteration within 30 feet of a shore or bank of a river, stream, lake, pond, reservoir or wetland;

(5)

The commencement of drilling oil or gas wells, mining, stockpiling of fill materials, storage of equipment or materials, filling or excavation on a parcel of land;

(6)

The demolition of a structure;

(7)

The clearing of land as an adjunct of construction;

(8)

The deposit of refuse, solid or liquid waste or fill on a parcel of land;

(9)

The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property; and

(10)

The construction of a roadway through or adjoining an area that qualifies for protection as a wildlife or natural area.

Development shall not include:

(11)

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way;

(12)

Work by any public utility for the purpose of inspecting, repairing, renewing or constructing, on established rights-of-way, any mains, pipes, cables, utility tunnels, power lines, towers, poles or the like; provided, however, that this exemption shall not include work by a public entity in constructing or enlarging mass transit or fixed guide way mass transit depots or terminals or any similar traffic generating activity;

(13)

The maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure;

(14)

The use of any land for an agricultural activity;

(15)

A change in the ownership or form of ownership of any parcel or structure; or

(16)

The creation or termination of rights of access, easements, covenants concerning development of land or other rights in land.

District means a section or sections of the incorporated area of the town for which the regulations and provisions governing the use of building and land are uniform for each class of use permitted therein.

Dormer means a projecting structure built out from a sloping roof, usually with a vertical window or vent.

Downtown means the central business district of the town. The boundary of downtown is defined as being between 8th Street and Shelton Lane and as further described or delineated in the master plan.

Drainage (system) means a built system of pipes, channels or trenches or finished grades utilized to convey stormwater runoff.

Drive aisle means the lanes in a parking lot devoted to the passage of vehicles, as opposed to the parking stalls. The term "drive aisle" does not include lanes used only or primarily for drive-in customer service.

Drive-in use means an establishment which, by design, physical facilities, service or packaging procedures, encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles.

Driveway means a constructed vehicular access serving one or more properties and abutting a public or private road.

Dwelling means a building or portion thereof, used exclusively for residential occupancy.

Dwelling, apartment means a room or suite of rooms in a multi-family structure that is arranged, designed, used or intended to be used as a housekeeping unit for a single family on a rental basis only.

Dwelling, duplex means a building occupied by two families living independently of each other.

Dwelling, mixed use means an attached dwelling unit that contains a commercial component of not more than a specified percentage of the unit's gross floor area.

Dwelling, multi-family means a dwelling containing three or more dwelling units, not including hotels, motels, fraternity houses and sorority houses and similar group accommodations.

Dwelling, single-family means a building designed exclusively for occupancy by one family, but not including a mobile home, otherwise provided herein.

Dwelling, timeshare or fractional fee ownership means any parcel or lot of land or condominium unit, whether fee interest, leasehold or contractual right, whereby more than four persons (ownership of an interest in joint tenancy by two persons being considered one person for the purpose of this section) are entitled to the use, occupancy or possession of such lot, parcel or unit according to a fixed or floating time schedule occurring periodically over any period of time (the use, occupancy or possession by each person being exclusive of that by the others). Timesharing unit includes, but is not limited to, a timeshare estate as defined in C.R.S. § 38-33-110.

Dwelling unit means one or more rooms and a single kitchen and at least one bathroom designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes.

Easement means an ownership interest in real property entitling the holder thereof to use, but not possession, of that real property for one or more specific purposes, public or private.

Eave means the overhanging lower edge of a roof.

Engineer means a professional engineer licensed by the State of Colorado.

Entertainment facilities and theaters means a building or part of a building devoted to showing motion pictures or dramatic, musical or live performances.

Environmentally sensitive area means aquifer recharge areas, significant wildlife habitat and migration corridors, unique vegetation and critical plant communities and ridge lines.

Exhaust pipe means a pipe used to guide waste exhaust gases away from a controlled combustion inside an engine or stove.

Exhaust vent means a continuous open passageway from the flue collar or draft hood of the appliance to the outside atmosphere for the purpose of removing flue gases.

Exotic animals means all animals raised or boarded that are not commonly classified as household pets or livestock, but are wild in nature and may have the ability to inflict bodily harm on humans, including snakes in excess of four feet in length.

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

(1)

Six or fewer persons, excluding domestic workers and caretakers, living together in a dwelling unit; or

(2)

Any number of persons, excluding domestic workers and caretakers, living together who are related by blood, marriage, adoption, or guardianship and not more than one additional person;

(3)

Two unrelated persons, excluding domestic workers and caretakers, living together with any children related to either of them by blood, marriage, adoption or guardianship and not more than one additional person;

(4)

Six or more persons (but not in excess of 12 persons) that are not related by blood, marriage, adoption, or legal custody occupying a dwelling unit and living as a single housekeeping unit if the occupants are handicapped persons as defined in Title III of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons as defined by C.R.S. § 24-34-301. A household that includes six or more persons identified above shall not be excluded from the definition of "family" by the residency in the household of additional necessary persons (and their families) employed in the care and supervision of such handicapped or disabled persons.

Farm animal means animals commonly raised or kept in an agricultural, rather than an urban, environment, including but not limited to chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules.

Farm stand means a permanent or temporary stand for the sale of agricultural products.

Farmers' market means an outdoor marketplace for the distribution and sale of food products directly to consumers that are grown, made and offered for sale by the producing farmers and including unique products and goods created and sold by artisans, not to include mass produced products.

Feed lot means any tract of land or structure, pen or corral, wherein cattle, sheep, goats, emus, ostriches or swine are maintained in close quarters for the purpose of fattening such livestock.

Fence means enclosing framework for exterior areas, such as yards or gardens.

FHA means Federal Housing Administration.

Footprint means the outline of the total area which is covered by a building's perimeter at ground level.

Foster care home means a facility that is certified in accordance with county and state licensing rules or a child placement agency for childcare in a place of residence of a family or person for the purpose of providing 24-hour family care for a child under the age of 18 years who is not related to the head of such home, except in the case of relative care.

Frontage means the portion of a lot that fronts on a public or private street.

Functional open space means open space which is large enough to serve a practical purpose such as recreation, wildlife habitat or preservation of areas of agricultural, archeological or historical significance, and shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells or their appurtenances or other hazards to the public.

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

Gable means the triangular portion of wall enclosing the end of a pitched roof from cornice or eaves to ridge.

Garage, parking means a building or portion thereof, either public or private, used only for parking of motor vehicles.

Gasoline station means any building, land area, premises or portion thereof, where gasoline or other petroleum products or fuels are sold and light maintenance activities such as engine tune-ups, lubrication and minor repairs may be conducted. "Gasoline stations" shall not include premises where heavy automobile maintenance activities such as engine overhaul, automobile painting and body and fender work are conducted.

Geologic hazard means unstable or potentially unstable slopes, undermining, faulting, landslides, rock falls, flood, wildfire or similar naturally occurring dangerous features or soil conditions or natural features unfavorable to development.

Grade, existing means the existing topography of a site prior to construction and may include natural or man-made conditions.

Grade, finished means the final elevation of the ground surface after development.

Grade, natural means the elevation of the ground surface in its natural state, before man-made alterations.

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 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 25,000 square feet.

Gross square footage (GSF) means the total floor area designed for occupancy and use, including basements, mezzanines, stairways and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.

Group home means a group home, that is:

(1)

Licensed by the state, for the exclusive use of not more than eight intellectually or developmentally disabled, behaviorally or mentally ill individuals and the appropriate staff; or

(2)

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; or

(3)

A home for the aged which is owned and operated by a person or organization as provided by 31-23-303, C.R.S., 1973.

Guest house means an accessory structure which is physically detached from a single-family dwelling unit, is serviced through the same utility meters or connections as the principal use and is intended for temporary occupancy by visitors to the family residing in the single-family dwelling and has no cooking facilities.

Health club means a facility that provides physical fitness services and/or equipment to its members.

Highest adjacent grade means the highest natural elevation of the ground surface next to a proposed foundation wall of a structure prior to construction.

Highway corridor means the area within 1,500 feet of the right-of-way of US Highway 40.

Hip roof means a roof having sloping ends and sides meeting at an inclined projecting angle.

Historic district means an area related by historical events or themes by visual continuity or character or by some other special feature that helps give it a unique historical identity. Such area may be designated a historic district, by local, state, or federal government and given official status and protection.

Historic site means a structure or place of historical significance. Such structure or place may be designated a historic site by local, state, or federal government and given official status.

Home occupation means an accessory use that consists of an occupation or business activity conducted inside a dwelling unit or its accessory structure which does not change the character of the dwelling unit or residential neighborhood in which it is located. To be valid a home occupation must meet the standards for home occupations in chapter 10.28.

Homeowners association means the association set up to enforce covenants and maintain common areas and buildings for a development (also known as "owners association").

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 laboratories, out-patient departments, training and central services facilities and staff offices.

Hotel, motel and lodge means a building, excluding bed and breakfast, containing any room or group of rooms used primarily for short-term transient lodging for a total continuous duration of less than 30 days and which may include accessory uses, such as offices, laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges.

Household pet means any animal that has been bred or raised to live in or about the habitation of humans and is dependent on people for food and shelter, not including animals defined as livestock, exotic animals or animals capable of inflicting substantial physical harm to humans. Includes dogs, domestic cats, canaries, parrots, hamsters, ferrets, pot-bellied pigs, guinea pigs and similar rodents, fish, reptiles, rabbits and such other species as would normally be sold at a local pet shop.

Human scale (pedestrian scale) means the proportional relationship between the dimensions of a building or building element, street, outdoor space or streetscape element and the average dimensions of the human body, taking into account the perceptions and walking speed of a typical pedestrian.

Industrial, heavy 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 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 terminals, 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, petro-chemical industries, rubber refining, primary metal or related industries.

Infrastructure means those man-made structures which serve the common needs of the population, such as: potable water systems; wastewater disposal systems; solid waste disposal sites or retention areas; storm drainage systems; electric, gas or other utilities; bridges; roadways; bicycle paths or trails; pedestrian sidewalks, paths or trails; and transit stops.

Integrate means to combine or coordinate separate elements (such as housing, recreation, jobs and shopping), so as to provide a harmonious, interrelated whole; organized or structured so that constituent parts function cooperatively.

Inter-neighborhood connection means connections (such as trails and roads) between neighborhoods.

Intra-neighborhood connection means connections (such as trails and roads) within the same neighborhood.

Irrigation ditch/canal means a channel or pipeline designed to transport irrigation water.

Junk means scrap brass, iron, lead, tin, zinc; all other scrap metals and the alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles; old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; industrial equipment, fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; derelict vehicles, farm and heavy equipment construction vehicles; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition.

Junkyard means a building, structure or parcel of land, or portion thereof, used for collecting, displaying, storing, selling or reselling junk. Junkyards shall not include a recycling facility.

Kennel means a facility licensed to house dogs, cats or other household pets and/or where grooming, breeding, boarding, training or selling of animals is conducted as business.

Kitchen means a room or portion of a room devoted to the preparation or cooking of food for a person or a family living independently of any other family, which contains a sink and a stove, cooktop or oven powered by either natural gas, propane or 220-V electric hook-up.

Kitchen facility means an area for cooking which includes a sink, refrigerator and fixture for cooking food.

Landowner means any owner of a legal or equitable interest in real property and includes the heirs, successors and assigns of such ownership interests.

Landscape area means that portion of a parcel of land with any combination of living plants, such as trees, shrubs, vines, ground cover, native grasses, flowers or lawns; natural features and nonliving ground cover, such as rock, stone and bark; and structural features, such as fountains, reflecting pools, art works, screen walls, fences and benches; but shall not include paved walkways or parking areas.

Lane means a private street; or a portion of a roadway delineated for a single line of vehicles; or a secondary means of access to the abutting lots and not intended for general traffic circulation.

Livestock means farm animals kept or raised for use, pleasure and/or profit.

Loading space means an off-street space or berth on the same lot with a building or contiguous thereto, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.

Long-term care facility means any of the following:

(1)

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.

(2)

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 24-hour-per-day nursing services are required.

(3)

Nursing care facility means a health institution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients that require regular medical care and 24-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 of Colorado. The nursing services shall be organized and maintained to provide 24-hour per-day nursing services under the direction of a registered professional nurse employed full-time.

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

Lot area means the total horizontal area within the lot lines of a lot, except that beneath the mean waterline of a body of water.

Lot coverage means the ratio of the area of the site which is rendered impermeable by buildings compared to the total area of a site, excluding those rendered undevelopable, expressed as a percentage.

Lot depth means the average distance between the front lot line and the rear lot line.

Lot, double frontage means lots which front on one public street and back on another.

Lot, flag means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street.

Lot line, front means the property line dividing a lot from a street.

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.

Lot size means the total horizontal area within the lot lines of a lot; synonymous with "lot area."

Lot width means the distance parallel to the front lot line, measured at the front building setback line.

Lot width on curving front lot line means the distance parallel to the tangent of the front lot line at the building setback line. The lot width and the lot frontage may have different lengths on an irregularly shaped lot as they are measured at different points on the lot.

Machine shop means a workshop where power-driven tools are used for making, finishing, or repairing machines or machine parts.

Manager means the town manager of the Town of Hayden, or the manager's designee.

Manufactured home means a single-family dwelling which:

(1)

Is partially or entirely manufactured in a factory;

(2)

Is at least 24 feet wide and 36 feet long;

(3)

Is permanently affixed to and installed on an engineered permanent foundation;

(4)

Has a pitched or cosmetically equivalent roof and brick or wood exterior siding; and

(5)

Complies with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards.

Manufacturing means a business which makes products by hand or by machinery.

Marijuana establishment, medical means the use of a property, or portion thereof, for the cultivation, manufacture, storage, distribution, acquisition or sale of marijuana, including the use of property as a premises, as such term is defined by C.R.S. § 44-10-101, et seq, regardless of whether any such use described herein is for profit or not for profit.

Marijuana establishment, retail means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store, and includes further definition of such facilities and store as defined in Colorado Constitution Article XVIII Section 16(2)(i).

Master plan means the Hayden Forward Master Plan and any other document adopted as a supplement or sub-area plan of the Hayden Forward Master Plan, as all such documents may be amended and adopted from time to time.

Medical and dental office or clinic 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 outpatient examination and/or treatment.

Meeting place/place for public assembly means a hall, auditorium or other suitable room or rooms used for the purpose of conducting meetings of the membership and guests of the owner of such structure. The same shall not include commercial endeavors such as commercial movie picture houses, stage productions or the like.

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

Mixed use means the development of a lot tract or parcel of land, building or structure with two or more different uses including, but not limited to, residential, office, retail, public uses, personal service or entertainment uses, designed, planned and constructed as a unit.

Mixed use building means a building designed, planned and constructed as a unit, used partially for residential use and partly for commercial uses including, but not limited to, office, retail, public uses, personal service or entertainment uses.

Mobile home means a home that meets the standards for mobile home in chapter 10.28. A mobile home does not include a factory-built home, manufactured home, or a recreational vehicle (RV).

Mobile home park means a property that provides a space for rent for the location and use of a mobile home.

Mobile home subdivision means the creation of two or more lots for sale and ownership intended for the location and use of a mobile home.

Modified grid pattern means a grid pattern of streets and blocks adapted to the topography, unique natural features, environmental constraints and peripheral open space areas.

Mullion means a slender vertical member dividing the opening for a pair of double doors, sometimes removable to permit the passage of large objects, or also, a vertical member between the lights of a window.

Muntin means a rabbeted member for holding the edges of windowpanes within a sash.

Natural areas means floodplains and flood ways, natural drainage and water ways, significant native trees and vegetation, wildlife travel corridors, special habitat features such as raptor nest sites, key nesting, breeding or feeding areas for birds; fox and coyote dens and any wetland area.

Neighborhood means a geographical area, the focus of which are residential uses, but also may include a mixture of activities that people need to live. A neighborhood may include a diversity of housing types, schools, parks, shopping and jobs (frequently service-type), and civic buildings.

Neighborhood commercial center means a shopping center which contains businesses that are intended to provide goods and services to the immediate neighborhood.

New construction means structures for which the start of construction or remodeling commenced on or after the effective date of this Code.

Nightclub means a bar or tavern containing more than 100 square feet of dance floor area.

Nonconforming building means a building or structure, or portion thereof, that does not conform to the regulations of this Code, but that was lawfully constructed under the regulations in force at the time of construction.

Nonconforming use means a use that does not conform to the use regulations of this Code, but that was lawfully established under the regulations in force at the time the use was established and has been in regular use since that time.

Noxious weeds means plants that are determine by the State of Colorado, Routt County, or the town as a noxious weed or an alien plant that is aggressively invasive including but not limited to Leafy Spurge, Russian Knapweed, Spotted Knapweed, Diffuse Knapweed, Canada Thistle, Musk Thistle, Field Bindweed, Volunteer Rye, and Jointed Goatgrass.

Nursing facility means a facility, or a distinct part of a facility, which meets the state nursing home licensing standards, is maintained primarily for the care and treatment of inpatients under the direction of a physician, and meets the requirements 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.

Off-street parking area means all off-street areas and spaces designed, used, required or intended to be used for the parking, storage, operation of motor vehicles, including driveways or access ways in and to such areas, but not including any outdoor storage area used principally as a "recreational vehicle, boat or truck storage" use, storage areas for landscaping and other bulk items or public streets and rights-of-way.

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.

Oil or gas well means a well that produces oil or gas.

Open space means any land or water area with its surface open to the sky, which serves specific uses of: providing park and recreation opportunities, conserving natural areas and environmental resources, structuring urban development form and protecting areas of agricultural, archeological or historical significance. "Open space" shall not be considered synonymous with vacant or unused land but serves important urban functions. Usable open space shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells and their appurtenances or other hazards to the public.

Outdoor storage means the keeping, in an unroofed area, of any equipment, goods, junk, material, merchandise or vehicles in the same place for more than 24 hours. Containers and semi-trailers may not be used for residential or storage uses except on construction sites.

Outlot means a measured piece of land contained within subdivided land that is not a building lot. An outlot may be conveyed to the public for open space or other public purposes, be retained by the developer for merger with a later subdivision, or be conveyed to an owner's association.

Outparcel means a parcel of land, generally located on the perimeter of a larger parcel of commercial land, that is subordinate to the larger parcel for access, parking and drainage purposes.

Owner means the owner of a real property interest which is the subject of and which would be benefitted by a proposed development application. "Owner" shall include the fee title owner of record according to the office of the Routt County assessor, by a legal title opinion or by a title insurance commitment. "Owner" shall also include other persons who, by partnership, joint venture, contractual relationship or other association, have an interest in the property or in the owner of record, or who have a contractual right to receive or obtain a defined portion of the property upon approval of a development application by the town.

Parapet means a low, protective wall at the edge of a terrace, balcony or roof, especially that part of an exterior wall, fire wall, or party wall that rises above the roof.

Parcel means a tract or plot of land.

Park means an area open to the general public and reserved for recreational, educational or scenic purposes.

Parking, commercial means a parking lot, structure or garage that does not provide accessory parking to a specific building or use, is available for parking by the general public for a fee, may include reserved parking spaces and which is owned by a private, nongovernmental entity.

Parking, public means a parking lot, structure or garage that is available for parking by the general public and which is owned by the town or a quasi-governmental entity approved by the town.

Pedestrian scale (human scale) means the proportional relationship between the dimensions of a building or building element, street, outdoor space or streetscape element and the average dimensions of the human body, taking into account the perceptions and walking speed of a typical pedestrian.

Person means a natural person, association, firm, limited liability company, partnership or corporation trust or other legal entity.

Phase means a portion of property that is being platted and engineered for development at the same time.

Pilaster means a rectangular support or pier treated architecturally as a column, with a base shaft and capital.

Plan means the map and supporting documentation for a development which includes, but is not limited to, lots, blocks, easements, rights-of-way, pedestrian ways, park and school sites, open space areas and conservation areas in accordance with the requirements of this Code.

Planned unit development (PUD) means an area of land, controlled by one or more landowners, to be developed under unified control or a unified plan and is developed as a whole in a single development operation or programmed series of development stages. The development may include dwelling units, commercial, educational, recreational or industrial uses or any combination of the foregoing, the plan for which may not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restrictions to the existing land use regulations.

Planning commission means the planning commission formed and appointed by the Council in accordance with chapter 10.12 of the Development Code.

Planning area boundary means the area surrounding the town that the town will consider annexing and developing. The planning area boundary is delineated on the future land use map in the town master plan.

Plat means a map of certain described land prepared in accordance with the requirements of this Development Code and section 38-51-106, C.R.S., as an instrument for recording of real estate interests with the Routt County clerk and recorder.

Prime farmland means land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops, and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides, and labor and without intolerable soil erosion, as determined by the secretary of agriculture. "Prime farmland" includes land that possesses the above characteristics but is being used currently to produce livestock and timber. It does not include land already in or committed to urban development or water storage.

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

Private property right means the rights of a property owner within the town to use on their property within the legal parameters set forth in this Code and subject to applicable state, federal and constitutional law. Nothing herein guarantees any private property rights to develop in a particular manner except pursuant to a valid vested right.

Professional office means an office for professionals such as 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.

Property means all real property subject to land use regulation by the town.

Property line means the boundary of any lot, parcel or tract as the same is described in the conveyance of such property to the owner; and does not include the streets or alleys upon which the said lot, parcel or tract abuts.

Public area means streets, parks, open spaces and other property designated or described as for public use on a map or plat of the town and fee title is vested in the town, other public body or a special district as defined in C.R.S. § 32-1-103.

Public facility means those publicly-owned constructed facilities, including but not limited to transportation systems or facilities, water systems or facilities, wastewater 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 improvement means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree lawn, landscaped open space, off-street parking area, lot improvement or other facility which benefits the public.

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 use means uses which are owned by and operated for the public by the town, county, state or federal governments or by school districts.

Public utility means a common carrier supplying electricity, wire telephone service, natural gas, water, wastewater or storm water service or similar public services, but shall not include railroads or other forms of rail mass transit or depots or terminals supporting the same or wireless telecommunication facilities.

Quasi-public means having the nature or characteristics of being public, but owned by a private, nongovernmental or not-for-profit entity.

Recreation facilities, indoor means an enclosed structure for recreational uses including but not limited to a recreation center, video game arcade, bowling alley, pool hall, dance hall, teen club, health club, shooting range, and paint ball facility.

Recreation facilities, outdoor means structures and/or areas for recreational activities including, but not limited to, batting cages, commercial athletic fields, miniature golf, Grand Prix miniature race cars, go- carts, and water pools/slides/pads, where part or all of such activities are outdoors.

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:

(1)

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.

(2)

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.

(3)

Pick-up camper means a vehicle designed to be mounted on or loaded into a pick-up truck chassis for use as a temporary dwelling for travel and recreation.

(4)

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.

(5)

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

(6)

Travel trailer, self-contained means a trailer which can operate independently of connections to sewer, water and electric systems. It contains a water-flushed toilet, lavatory, shower or bath and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the trailer.

Recreational vehicle park means a parcel of land specifically developed for locating only recreational vehicles on lots on a short-term basis.

Recreational vehicle site means a plot of ground within a recreational vehicle park intended for the accommodation of a recreational vehicle, tent or other individual camping unit on a temporary basis.

Recycling facility means a facility used for the collection and temporary storage of empty beverage containers, aluminum, glass, paper, cardboard, clothing or other materials for recycling purposes conducted totally within an enclosed structure or container. This definition does not include processing except for "can banks" that crush cans as they are deposited.

Restaurant, drive-through means any establishment in which the principal business is the sale of foods and beverages to the customer in a ready-to-consume state and in which the design or principal method of operation of all or any portion of the business is to allow food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle.

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

Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way established and shown on a final plat as to be separate and distinct from the lots or parcels adjoining such right-of-way. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use on the plat on which such right-of-way is established.

Roof gable means a roof sloping downward in two parts from a central ridge, so as to form a gable at each end.

Roof hip means a roof having sloping ends and sides meeting at an inclined projecting angle.

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.

Sanitary facility means toilets, urinals, lavatories, showers, utility sinks and drinking fountains and the service buildings containing these units.

Sanitary waste station means a facility uses for removing and disposing of waste from self- contained camping vehicle sewage holding tanks.

School, private means a school that does not derive its support, in whole or in part, from moneys raised by a city, town, state, county or school district tax.

School, public means a free, tax-supported school that is controlled and operated by a school district of the State of Colorado.

Service building means a structure housing toilet, lavatory, bath, laundry, service sink and other sanitary facilities as may be required for an RV Park.

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, except on properties where the street extends beyond the property line. In these instances, the setback shall be measured from the edge of asphalt or walkway, whichever is more restrictive.

Setback, front yard means the distance a building or structure must be placed from the front lot line.

Setback, rear yard means the distance a building or structure must be placed from the rear lot line.

Setback, side yard means the distance a building or structure must be placed from the side lot line.

Sexually-oriented business means any use of property where the principal use, or a significant or substantial adjunct to another use of the property, is the sale, rental, display or other offering of live entertainment, dancing or services or goods (including printed or electronically recorded materials) which is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to specified sexual activities or specified anatomical areas" as the primary attraction to the premises, including, but not limited to:

(1)

Sexually-oriented arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

(2)

Sexually-oriented bookstore or sexually-oriented video store means a place where books, magazines, motion pictures, photographs, periodicals, video or audio recordings, novelties and devices, or any of these things, which have as their primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas, are sold or offered for sale to adults, and includes a place with only a portion or section of its area set aside for the display or sale of such materials to adults, except that any place, otherwise included within this definition, that derives not more than ten percent of its gross income from the sale of such material, shall be exempt from the provisions of this definition so long as such material is kept in a location where it is not visible and shall not be a self-service item for the customers of such place.

"Sexually-oriented business" also includes:

(3)

The opening or commencement of any sexually-oriented business as a new business;

(4)

The conversion of an existing business, whether or not a sexually-oriented business, to a sexually-oriented business;

(5)

The addition of any sexually-oriented business to any other existing sexually-oriented business;

(6)

The relocation of any sexually-oriented business; or

(7)

The continuation of a sexually-oriented business in existence on the effective date of the initial ordinance from which this chapter is derived.

Sexually-oriented cabaret means a nightclub, bar, restaurant, concert hall, auditorium or similar establishment which features:

(1)

Persons who appear in a state of nudity;

(2)

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(3)

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Sexually-oriented motel means a hotel, motel or similar establishment which offers private rooms to the public and provides patrons live performances or closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Sexually-oriented motion picture theater means an establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Sexually-oriented photo studio means any establishment which, upon payment of a fee, provides photographic equipment and/or models for the purpose of photographing specified anatomical areas.

Sexually-oriented theater means a theater, concert hall, auditorium or similar business which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

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.

Short-term rental means a dwelling unit offered, provided, or operated as lodging accommodations to guests in exchange for remuneration for a period of less than 30 consecutive days, and in which such accommodations are a person's primary residence and for which such person has received approval and licensure under the applicable provisions of the Hayden Municipal Code and this Development Code. This definition does not include offering use of one's property to another where no fee is charged and collected.

Sight distance triangle means the area at an intersection to be kept free of shrubs, ground covers, berms, fences, structures or other materials or items greater than 30 inches in height. Trees shall not be planted in the triangular area.

Sidewalk means the hard surface path within or adjacent to the street right-of-way for use by pedestrians and/or bicyclists.

Sign means any device designed to inform or attract the attention of persons not on the premises on which the sign is located, but not including any flag, badge or insignia of any governmental agency or of any civic, charitable, religious or fraternal organization. "Signs" include identification signs (used to identify the premises), "for sale" signs, "for rent" signs, building and freestanding signs, and billboards.

Site plan means a scaled drawing of a lot, showing the actual measurements, the size and location of any existing or proposed buildings, the location of the lot in relation to abutting streets and other details such as parking areas, access points, landscaped area, building areas, setbacks from lot lines, building heights, floor areas, densities, utility locations and easements.

Site specific development plan means the final plat of a subdivision or final development plan of a PUD (planned unit development) when approved by the Council pursuant to all applicable sections of this Development Code.

Slope means the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentage as a means of quantifying the term "slope."

Specified anatomical areas means any of the following:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point above the top of the areola.

(2)

Human male genitals in a discernibly turgid state even if completely and opaquely covered.

Specified sexual activities means acts, simulated acts, exhibitions, representations, depictions or descriptions of any of the following:

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

(3)

Intrusion, however slight, of any object, any part of an animal's body or any part of a person's body into the genital or anal openings of any person's body or into the body of an animal.

(4)

Cunnilingus, fellatio, anilingus, masturbation, bestiality, lewd exhibition of genitals or excretory function.

(5)

Flagellation, mutilation or torture for purposes of sexual arousal, gratification or abuse.

Split garages means having at least two separate garages that are oriented in different directions.

Staff means a full or part-time employee of the town. "Staff" may also include professional firms and/or persons designated by the town to act within a certain capacity including legal, engineering, planning, code enforcement, inspection and other professional fields.

Stage means a raised floor or platform at least three feet above the surrounding floor measured perpendicularly from the edge of the stage to the surrounding floor and at least 36 square feet in area.

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

Street furniture means constructed objects, such as outdoor seating, kiosks, bus shelters, sculpture, tree grids, trash receptacles, fountains and telephone booths, that have the potential for enlivening and giving variety to streets, sidewalks, plazas and other outdoor spaces open to and used by the public.

Streetscape means the distinguishing character of a particular street, within or adjacent to the public right-of-way, including paved materials and the adjacent space extending along both sides of a street, including landscaping, sidewalks, medians, lighting, street furniture and signage.

Structure means a combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water.

Subdivision means the platting of a lot or the division of a lot, tract or parcel of land into two or more lots, plots, sites or airspace units.

Subsidence means a local mass movement that involves the downward settling or sinking of the solid earth's surface. "Subsidence" may be due to natural geologic processes or man's activity such as coal mining.

Survey means a land plat survey, stamped and signed by a registered Colorado surveyor, showing topographic contour intervals depicted at an engineering scale.

Swing-in garage means a garage that is oriented so that the garage doors are perpendicular to the street.

Tandem garage means a garage that allows for the parking of one car in front of another.

Tandem parking means parking two cars in a driveway or parking space so that one car is right in front of the other and the front car cannot move until the back car is moved.

Title commitment means formal documentation from a title insurance company licensed by the State of Colorado listing the name of the owner of the property under consideration, the legal description of the property and any encumbrances of the property such as easements, rights-of-way, liens or mineral interests.

Tourist facility means facilities used or intended to be used by visitors, and include tourist information kiosks, museums, gift shops, restrooms and to serve recreational activities and attractions.

Town means the Town of Hayden, a municipal corporation of the State of Colorado. The town may act through the Council or an official of the town specifically authorized to perform the act.

Transit facility means a place providing access to transit services including, but not limited to, bus stops, bus stations, interchanges on a highway used by one or more transit providers, ferry landings, train stations, shuttle terminals and bus rapid transit stops.

Tree lawn means a strip of landscaping within the right-of-way, generally between the street and an adjacent sidewalk.

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.

Undermined means land that has been mined under the surface of the ground.

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

USGS datum means United States Geological Survey basis of elevations.

Vacation club means a partnership, corporation, limited liability company or other legal entity that is the record owner, as reflected in the records of the county tax assessor, of a building containing one or more units which meet the definition of dwelling, timeshare, interval ownership or fractional fee ownership, and it permits possession of such dwelling by its members and/or guests of its members on a periodic basis in consideration of such member's fractional ownership interest in the building or property or membership in the entity.

Vegetation means plants growing in a place, including but not limited to trees, shrubs, vines, grasses and groundcover.

Vehicle rental facility means the rental of automobiles, light trucks, sport utility vehicles and vans including offices and the incidental parking and servicing of vehicles for rental or lease.

Vehicle service and repair shop, 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.

Vehicle service and repair shop, 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.

Vehicle trip means a single or one-way vehicle movement to or from a property or study area. "Vehicle trips" can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time.

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 section 10.16.160, vested property right.

Veterinary hospital means any facility which is maintained by or for the use of a licensed veterinarian in the diagnosis, treatment or prevention of animal diseases.

Veterinary facilities, small animal clinic means any facility 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 said animals is prohibited except when necessary in the medical treatment of the animal.

Veterinary facilities, large animal means any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment or prevention of animal diseases in food animals, equines, and similar livestock and may include holding pens, treatment rooms, stalls, trailer parking and similar facilities necessary to manage and treat large animals.

Walkable means a distance of one-quarter mile or within a five- to ten-minute walk.

Walkway means:

(1)

A right-of-way or easement dedicated to public use that is not within a street right-of-way, to facilitate pedestrian access through a property by means of a hard surface path.

(2)

Any portion of a parking area restricted to the exclusive use of pedestrian travel.

Walkway, connecting means:

(1)

Any street sidewalk; or

(2)

Any walkway that directly connects a building entrance(s) to a sidewalk adjoining a street sidewalk, and connects other origins and destinations for pedestrians, including but not limited to commercial establishments, schools, parks, dwellings, work places and transit stops, without requiring pedestrians to walk across parking lots or driveways, around buildings or following parking lot outlines which are not aligned to a logical route.

Warehouse and distribution means the storage, wholesaling, 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.

Warehousing means a business which stores or stocks merchandise or commodities.

Wetland means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water.

Wireless telecommunication equipment means any equipment used to provide wireless telecommunication service, but which is not affixed to or contained within a wireless telecommunication 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 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. This definition does not include telecommunications equipment that is clearly accessory to a permitted use-by-right or permitted use.

Wireless telecommunication service 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 telephone.

Workshop and custom small industry means a facility wherein goods are produced or repaired by hand, using hand tools or small-scale equipment, including small engine repair, furniture making and restoring, upholstering, restoration of antiques and other art objects, or other similar uses.

Yard means that portion of the open area on a lot extending open and unobstructed except for landscaping or as otherwise provided in this Code from the ground upward from a lot line for a depth or width specified by the regulations for the zone district in which the lot is located.

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.

Zone district means a zone district of the town as established in chapter 10.20 of this Code, unless the term is used in a context that clearly indicates that the term is meant to include both the zone districts of the town and the zone districts of an adjoining governmental jurisdiction, also referred to as "zoning district."

Zoning Map means the official zoning map adopted by the town by ordinance, as may be amended.

(Ord. No. 711, § 1, 2-17-2022)