All words in this Title, except as specifically defined in this Title, shall carry their customary meanings. Any word or term used in this Title not specifically defined below shall be interpreted as that word is defined elsewhere in this Code or, if not defined elsewhere in this Code, as defined in Colorado Revised Statutes or, if not defined in the statutes, as defined in the most recent edition of Webster's Dictionary. Words used in the present tense include the future tense; the plural includes the singular; the word shall is mandatory; the word may is permissive; the words occupied or used shall be considered as though followed by the words or intended, arranged, or designed to be used or occupied. For the purposes of this Title, the words and phrases set forth below shall have the meanings ascribed to them, as follows:

Accessory building or structure. A subordinate building or structure, the use of which is incidental to that of the main building on the same lot (e.g., fences, hedges and walls and garden tool sheds).

Accessory use. A subordinate use which is clearly incidental and related to the principal use of a lot or building located on the same lot (e.g., home occupations, household pets or storage of merchandise in the Business Zone District).

Adjacent lot. A lot sharing a common point with the lot line of the subject lot or a lot that would share such a point were it not for the presence of a street or right-of-way.

Administrative review. Consideration of an application by a reviewing body, e.g., the Planning and Zoning Commission, wherein notice and a public hearing is not required, although public comment during a public meeting may be permitted, at the discretion of the reviewing body.

Adult bookstore, adult novelty store or video store. A commercial establishment which, as one (1) of its principal business purposes, offers for sale, rental or viewing for any form of consideration any one (1) or more of the following:

(a)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which are distinguished or characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas; or

(b)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

Adult business. An adult bookstore, adult novelty store, adult video store or adult cabaret.

Adult cabaret. A nightclub, bar, restaurant, concert hall, auditorium or other commercial establishment which regularly features live adult entertainment.

Adult entertainment. Any exhibition, display or dance which involves the exposure to view of any portion of the female breast below the top of the areola, male genitals, female genitals or the pubic hair, anus or cleft of the buttocks of any person, or male genitals in a discernibly turgid state even if completely and opaquely covered.

Antenna or antennae. Any transmitting or receiving device or equipment mounted on a tower, building or structure that radiates, captures, receives, switches, emits or transmits electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals or other communication signals, including but not limited to paging, enhanced specialized mobile radio service, personal communication services, microwave link antenna, cellular telephone and other related technologies.

Antenna (whip). Any antenna cylindrical in shape and less than eight (8) inches in circumference that emits signals in a three hundred-sixty-degree horizontal plane for the transmission or reception of wireless telecommunications signals.

Automobile service station. A retail establishment, also referred to as a gas station, at which vehicles are serviced, especially with fuel, oil, air and water, and where ancillary minor repair, maintenance or replacement of electrical or mechanical devices may be obtained.

Bed and breakfast rooms. A subordinate use of a single-family dwelling unit which offers sleeping rooms for overnight transient occupancy, wherein there are no cooking facilities located within the sleeping rooms; where, however, meals may be prepared by the resident owner in the dwelling kitchen and taken in a common dining room.

Boarding or rooming house. A building where meals, lodging or both are provided for compensation for less than six (6) persons, not including members of the owner's or proprietor's immediate family who might be residing in the same building. A boarding or rooming house shall not contain more than one (1) person required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S., as amended, unless related by blood, marriage or adoption.

Building. A structure which has a roof supported by columns or walls.

Building height. The vertical distance measured from the average finished grade of the four (4) corners of an existing or proposed building or structure to the highest point of the roof ridge, parapet wall, church steeple or attached ceremonial feature. The height of a stepped or terraced building is the maximum height of any segment of the building.

Certificate of notice to mineral estate owners. A signed and notarized certificate from an applicant, pursuant to and in accordance with Section 24-65.5-103, C.R.S., that either: (1) proper notice has been provided to all mineral estate owners; or (2) such notice is not required because the records of the County Clerk and Recorder do not identify any mineral estate owners of any portion of the property subject to the relevant application. This document must be in substantially the same form as the Certificate of Notice to Mineral Estate Owners on file with and available from the Town.

Church. An establishment for the conduct of religious activities, including accessory housing. This term includes the terms temple, seminary, retreat, monastery and similar terms.

Commercial use. An activity which is carried out for monetary gain, or the use of real or personal property, including vehicles or animals, in such activity.

Dwelling unit. A housekeeping unit designed and used for occupancy by a single individual or a family and containing cooking, living, sleeping and sanitary facilities, and having a separate entrance. All dwelling units shall contain at least five hundred (500) square feet of floor area measured on the outside walls.

Dwelling unit, duplex. A residential building designed for, or used as, the separate homes or residence of two (2) separate and distinct families, having the exterior appearance of a single-family dwelling unit and each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, each of which has direct access to the outside.

Dwelling unit, multi-family. A structure or portion thereof designed to house three (3) or more families living independently of one another, with each dwelling unit having a separate entrance.

Dwelling unit, single-family. A residential structure, which may be a manufactured home, designed to house a single-family unit from lowest level to roof, with not more than one (1) kitchen, having an outside entrance, but not necessarily occupying a private lot.

Family. Any number of persons related by blood, marriage, adoption or legal custody, plus domestic servants employed for service on the premises, or a group of not more than five (5) persons who need not be so related living together as a single housekeeping unit. The word family shall not include paying guests, occupants of boarding houses, hotels, motels, hostels or other commercial lodging facilities, nor shall it include more than one (1) person required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S., as amended, unless related by blood, marriage or adoption.

Fence. A permanent or semi-permanent barrier or structure used to prevent escape or intrusion or to mark a property boundary. The term fence, as used in this Title, includes walls.

Floor area. The area included within the surrounding exterior walls of a building or portion thereof.

Frontage. That side of a lot abutting on a street ordinarily regarded as the front of the lot. See definition of lot line, front.

Garage. An accessory building or an accessory portion of a main building designed or used for the shelter or storage of motor vehicles owned or operated by the occupant of the main building.

Group care facility. A residential facility providing custodial care and treatment or social services in a protective living environment for more than five (5) persons who are residing in the facility either voluntarily or by court placement.

Home occupation. Any nonresidential use customarily conducted entirely within a dwelling unit and carried on by the occupants thereof, which use is clearly incidental and secondary to the primary use of the dwelling for dwelling purposes and which does not change the external character thereof except for a sign as permitted herein. See Section 9-7-1.

Hospital. An institution providing health services for patients suffering from illness, disease, injury, deformation and other abnormal physical or mental conditions, including, as an integral part of the institution, such related facilities as inpatient and outpatient care, laboratories, training facilities, central service facilities and staff offices.

Hotel/hostel. A building designed for occupancy of individuals on a temporary basis with or without meals and in which there are six (6) or more guest rooms.

Household pet. Animals or fowl ordinarily permitted in a residential house and kept for company or pleasure, such as dogs, cats, ferrets and canaries.

Kennel. An building or structure used for the permanent or temporary boarding or keeping of more than three (3) dogs of more than six (6) months of age, or more than one (1) litter of pups, or more than three (3) cats of four (4) months of age, or more than one (1) litter of kittens, or more than a total of six (6) dogs and cats more than three (3) months of age in any combination; or engaging in the commercial business of breeding, buying, selling, trading, training or boarding dogs or cats or both dogs and cats, or other household pet.

Lot. A parcel of land occupied or designed to be occupied by a main building and the accessory buildings or uses as permitted herein. A lot may or may not be the land shown as a lot on a duly recorded plat.

Lot area. The square footage or acreage of a lot as measured within the boundaries of the lot or a horizontal plane upon which the boundaries have been vertically projected, including all easements.

Lot coverage. The percentage of a lot covered by the principal structure and accessory structures.

Lot line, front. The property line dividing a lot from a street. On a corner lot, only one (1) street line shall be considered the front line, and the shorter street frontage shall be considered the front line.

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

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

Manufacture. The first operation or operations which transform a material from its raw state to a form suitable for fabrication processing. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants or to order for firms or consumers.

Manufactured home. A structure designed primarily for use as a residence which is partially or wholly manufactured in a factory or at a location other than the residential site of the completed home, is not less than twenty-four (24) feet in width or less than thirty-six (36) feet in length, is installed on a permanent foundation, has brick, wood or cosmetically equivalent exterior siding and a pitched roof and is certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.C. 5401, et seq., as amended. Nothing in this definition shall be construed to exempt a manufactured home from the minimum floor area requirements for any zoning district.

Marijuana business, medical. Medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers' licenses as such terms are defined in Section 12-43.3-104, C.R.S., specifically excluding patients and caregivers as such terms are defined in Article XVIII Section 14 of the Colorado Constitution.

Marijuana cultivation facilities. Shall have the meaning as set forth in Section 16 of Article XVIII of the Colorado Constitution as the same may, from time to time, be amended.

Marijuana product manufacturing facilities. Shall have the meaning as set forth in Section 16 of Article XVIII of the Colorado Constitution as the same may, from time to time, be amended.

Marijuana stores (retail). Shall have the meaning assigned to retail marijuana stores as set forth in Section 16 of Article XVIII of the Colorado Constitution as the same may, from time to time, be amended.

Marijuana testing facilities. Shall have the meaning as set forth in Section 16 of Title XVIII of the Colorado Constitution as the same may, from time to time, be amended.

Mobile home. A movable structure without motor power designed for residential use without a permanent foundation, having plumbing, heating and electrical systems contained therein. Mobile home does not include travel or truck campers designed primarily for temporary dwelling or camping, or personnel/equipment shelters not designed primarily for residential use.

Mobile office. A movable structure designed and used for the operation of business or professional activities.

Motel. A building or group of buildings containing guest rooms designed for transient occupancy, which may have eating and drinking facilities as an accessory use, with a garage or parking area near each rental unit.

Nonconforming lot. A lawfully established lot, properly described, depicted and recorded in the records of the County Clerk and Recorder, which does not meet current requirements for area, width, frontage, size or any other requirement for the zoning district in which the lot is located.

Nonconforming structure. A lawfully erected building that does not meet current limitations and restrictions on building size, height, bulk or location on the lot for the zoning district in which the structure is located.

Nonconforming use. A lawful use of land that does not comply with current use restrictions, regulations or provisions applicable to the land on which such use is located, but which fully complied with applicable use restrictions, regulations and provisions at time the use was established.

Outdoor recreation facilities. Any outdoor commercial enterprise primarily devoted to providing rides, recreation, games or other amusements.

Owner. The record owner, whether person, partnership, association or corporation.

Parking, off-street. Any parking area or parking structure not including the right-of-way of a street, road, alley or highway.

Parking space. That part of off-street parking, exclusive of drives, turning area or loading spaces, devoted to parking of one (1) automobile or vehicle. The minimum size of a parking space shall be twenty (20) feet by ten (10) feet unless it is demonstrated that a smaller size can appropriately accommodate an automobile or vehicle.

Pawn shop. A commercial establishment where a pawnbroker, as defined by Colorado Revised Statutes, regularly conducts the business of making contracts for purchase or purchase transactions.

Permitted use. A use allowed in a particular zone subject to applicable restrictions, regulations and provisions and for which no special use review is required.

Person. Any individual, firm, trust, partnership, public or private association, corporation, joint venture or joint stock company.

Principal structure. That structure whose predominant use is permitted in that particular zone.

Principal use. The primary use to which a lot or building is put.

Public building/facility. Any building, facility, park, open space or improvement open to general use, participation or enjoyment of the public and owned or leased by a municipality, county, state or federal government or by a political subdivision thereof or by a public utility corporation.

Public water and/or public sewage facility. Those facilities of a municipality or a sanitation district approved by the Colorado State Health Department which provides for the furnishing of water or the processing of sewage.

Residential group home. A residential facility established as either an owner-occupied or nonprofit group home for the exclusive use of not more than eight (8) persons:

(a)

Sixty (60) years of age or older who do not need skilled and intermediate care facilities, plus no more than two (2) live-in staff persons employed in the care and supervision of such elderly persons; or

(b)

Handicapped persons as defined in Title II of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons as defined by Section 24-34-301, C.R.S., and such additional necessary persons employed in the care and supervision of such handicapped or disabled persons. A group home for the handicapped or disabled shall not include more than one (1) person required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S., as amended.

Self-storage facility or mini-storage. A building or group of buildings consisting of individual, self-contained units leased to individuals only for short-term indoor storage of personal property, including household items, recreational vehicles and equipment and other nonhazardous, nonperishable durable goods. Said facilities may contain a single-family dwelling utilized as a caretaker unit.

Setback. The distance between the property line and the nearest point on the outer wall, at grade, of the principal building or outer edge of any above-grade extension of the principal building that projects beyond the outer wall of the building.

Setback line, front. A line which forms a vertical plane parallel with a front lot line of a lot, tangent to that part of a building or structure situated on such a lot which is closest to such front lot line and intersecting two (2) other lot lines of such lot; or the line concentrically parallel to the right-of-way line of the street on a cul-de-sac (bulb).

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

Setback line, side. A line parallel with a side lot line of a lot, tangent to that part of the building or structure which is closest to such side lot line, and intersecting two (2) other lot lines of such lot.

Shelter house. A residential dwelling providing temporary care, assistance and supervision of persons who require transitional housing accommodations made necessary due to conflict or threat of personal harm at the person's former living arrangement. The residential dwelling shall not provide refuge for fugitives from justice.

Shipping container. An intermodal container designed and built for intermodal freight transport with or without a working door. A shipping container shall not be used as a dwelling unit.

Signs. Any writing (including letter, word or numeral), pictorial presentation (including illustration or decoration), emblem (including device, symbol or trademark), flag (including banner or pennant) or any device, figure or similar character, which:

(a)

Is a structure, or any part thereof, or is attached to, painted on or in any other manner represented on a building or other structure or device, or is in any way attached thereto;

(b)

Is used to announce, direct attention, identify or advertise; and

(c)

Is visible from outside the building or structure.

Special use. A use other than a use by right which is permitted pursuant to the terms and conditions of a special use permit issued in accordance with the provisions of this Chapter.

Special use permit. The written authority for a use other than a use by right issued by the Town Board of Trustees.

Specified anatomical areas means: (a) the human male genitals in a discernibly turgid state, even if completely and opaquely covered; or (b) less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

Specified sexual activities means: (a) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; (b) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or (c) excretory functions as part of or in connection with any of the activities set forth in (a) through (b) above.

Storage container. A shipping container used for the purposes of storing or keeping household goods and other personal property.

Street. A way for vehicular traffic, including but not limited to a road, highway or other public way.

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

Structure. Anything constructed or erected upon or in the ground, including swimming pools, tennis courts, hot tubs, etc., excepting utility power lines or poles, earthworks or walls and fences less than six (6) feet high.

Telecommunications facility or facilities. The plant, equipment, buildings, fencing and other real and personal property, including but not limited to cables, wires, conduits, ducts, pedestals, antennas, towers, structures, electronics and other appurtenances used to transmit, receive, distribute or provide wireless telecommunications services. The term does not include the following:

(a)

Amateur radio operators' equipment licensed by the Federal Communications Commission;

(b)

Any noncommercial satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned Business; or

(c)

Any noncommercial satellite earth station one (1) meter or less in diameter, regardless of zoning classification.

Telecommunications facility (freestanding). A stand-alone structure such as a monopole or lattice tower, attached antennae and associated equipment storage shelters.

Telecommunications facility (structure- or building-mounted). Any commercial mobile radio service facility, antenna or equipment attached to or mounted upon any structure or building. The term does not include a freestanding facility.

Theater. A building or part of a building devoted to showing motion pictures or for dramatic, musical, operatic or live performances for admission to which money is received and no audience participation or meal service is allowed.

Travel trailer. Any vehicle or similar portable structure designed without a foundation, other than wheels, jacks or skirts, and so designed or constructed as to permit the occupancy for living or sleeping purposes; provided, that any such structure over thirty-two (32) feet by eight (8) feet, including hitch and bumper, shall be considered a mobile home for purposes of this Title.

Truck camper. A portable structure designed primarily to be transported on a truck or other similar vehicle and so designed or constructed as to permit occupancy for living or sleeping purposes.

Use. The purpose for which any land, structure or building is designated, maintained or occupied.

Variance. A legal modification of applicable zoning district provisions, such as yard, lot width, yard depth, sign, setback and off-street parking and loading requirements, granted by the Board of Adjustment due to the peculiar conditions existing within a single piece of property.

Veterinary hospital. A place where animals or pets of all types are given medical or surgical treatment. Use as a kennel shall be limited to short-term boarding of no more than _______ (____) consecutive days and shall only be incidental to such hospital use and need not be enclosed within the main building.

Yard, front. That portion of a lot lying between a public street and the nearest parallel front setback line of the lot.

Yard, rear. That portion of a lot lying between the rear lot line and the rear setback line of the lot.

Yard, side. That portion of a lot lying between a side lot line and the nearest parallel side setback line of the lot.

Zoning district. An area of land in which specific uses designated by this Title are permitted, the boundaries of which, unless otherwise specified in this Title, shall be considered to be lot lines, centerlines of streets or extended streets, section lines or Town limit lines.

(Ord. 2009-7:1/367; Ord. 2009-7:2/368 Ord. 2011-6-1-382 §1; Ord. 2013-3-1-388 §1; Ord. No. 2014-7-1-392, § 1, 6-11-2014)

(Ord. No. 2020-10-19, § 2, 10-19-2020; Ord. No. 2022-06-16-412, § 2, 6-16-2022)