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

Accessory means subordinate or incidental to and on the same lot or on a contiguous lot in the same ownership and zone as the principal building or use.

Accessory building or structure means a detached structure such as a garage, shed, playhouse or storage shed. The use of an accessory building or structure must be subordinate or incidental to and on the same lot or on a contiguous lot in the same ownership and zone as the principal building or use, and must be permitted in the zone district.

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

Adult arcade means an establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors or similar machines, or other image-producing machines, for viewing by five (5) or fewer persons each, are used to show 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.

Adult bookstore, adult novelty store or adult video store means:

a.

A commercial establishment which: (1) devotes a significant or substantial portion of its stock-in-trade or interior floor space to; (2) receives a significant or substantial portion of its revenues from; or (3) devotes a significant or substantial portion of its advertising expenditures to the promotion of the sale, rental or viewing (for any form of consideration) of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas;

b.

An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as the provisions of subparagraph a. above are otherwise met.

Adult cabaret means a nightclub, bar, restaurant or other commercial establishment which regularly features:

a.

Persons who appear nude or in a state of nudity; or

b.

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

Adult motel means a motel, hotel or similar commercial establishment which:

a.

Offers public accommodations, for any form of consideration, and provides patrons with 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 and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television;

b.

Offers a sleeping room for rent for a period of time less than ten (10) hours; or

c.

Allows a tenant or occupant to subrent a sleeping room for a time period of less than ten (10) hours.

Adult motion picture theater means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

Adult theater means a theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.

Animal unit means a term used to establish an equivalency for various species of livestock and poultry in agricultural zone districts.

Applicant means any owner of a right or title in real property in the town, or such owner's authorized representative, who formally requests action on a land use proposal or applies for a permit in accordance with this chapter 16 and applicable regulations.

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

Authorized representative means any individual, partnership or corporation given written authorization by an applicant to process a proposal through the town.

Automotive repair, major means any automotive repair or service that is not listed as a minor repair, including work requiring the removal of any drive train component, rebuilding all or portions of engines or transmissions and auto body repairs.

Automotive repair, minor means servicing of automobile and light truck spark plugs, batteries, tire punctures, hoses, belts, brake pads and shoes and similar minor repairs, windshield replacement, washing, polishing and oil changes. This does not include major repairs such as body repairs, engine and transmission overhauls or repairs requiring removal of any drive train components.

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

Building means any structure built for the shelter or enclosure of persons, animals or property of any kind.

Building Code means the International Building Code and related building codes as adopted and/or amended by the town from time to time.

Building, height of means the vertical distance measured from the average elevation of the finished grade of the building to the highest point of the roof surface.

Building inspector means that person, persons or office designated by the town council to carry out the duties of the building inspection department.

Church, place of worship means a church, Sunday school, synagogue, temple, mosque or any other such building or buildings used as a house of worship or religious gathering. Said buildings may include such kitchen and lavatory facilities as may be needed to serve their purpose as a public gathering place. However, places of worship are expressly not to be designated for nor used as sleeping quarters unless by express permission of the board of adjustment.

Dedicated land means land area transferred to the town by deed or other legal method approved by the town attorney. Land so transferred shall be utilized for public or community purposes, as approved by the town council.

Disposition means a contract of sale resulting in the transfer of equitable title to an interest in subdivided land; a lease or an assignment of an interest in subdivided land; or any other conveyance of an interest in subdivided land.

Dumpster means a metal container greater than or equal to one (1) cubic yard in size located outside and used to store refuse, garbage, trash, rubbish, yard waste, construction waste or the like. It does not mean trash cans with thirty-two (32) gallons of capacity or less, plastic trash bags with thirty-two (32) gallons of capacity or less, trash barrels or wheeled trash barrels with ninety-six (96) gallons of capacity or less.

Dwelling, multi-family means a building, including manufactured housing, used by three (3) or more families living independently of each other in separate dwelling units but not to include motels, hotels and resorts.

Dwelling, single-family means a detached principal dwelling, designed for or used as a dwelling exclusively by one (1) family.

Dwelling, two-family means a building, including manufactured housing, used by two (2) families living independently of each other in separate dwellings.

Dwelling unit means one (1) room or connected rooms constituting a separate, independent housekeeping establishment for owner occupancy, rental or lease on a monthly or longer basis, physically separated from any other rooms or dwelling units which may be in the same structure. For purposes of computing comparable dwelling unit bulk requirements, every two (2) beds in any boarding and rooming house or dormitory shall be considered to be one (1) dwelling unit. Every eight (8) beds in any orphanage, rest home, convalescent home, nursing home or retirement home shall be considered to be one (1) dwelling unit.

Evidence means any map, table, chart, contract or any other document or testimony prepared or certified by a qualified person to attest to a specific claim or condition.

Family means one or more persons living and cooking together on the premises in a single dwelling unit.

Fire Code means the International Fire Code as it is adopted and/or amended by the town from time to time.

Fire district means the Hudson Fire Protection District.

Frontage, building means the horizontal, linear dimension of that side of a building which abuts a street, parking area, mall or other circulation area open to the general public and having either a main window display of the enterprise or a public entrance to the building. In commercial districts, a building side with an entrance open to commercial employees shall also qualify as a building frontage. Where more than one (1) use occupies a building, each such use having a public entrance or main window display for its exclusive use shall be considered to have its own building frontage which shall be the front width of the portion of the building occupied by that use.

Frontage, lot means the length of the lot line abutting a public street.

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

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

Group home means a home in which not more than eight (8) persons reside in accordance with C.R.S. § 31-23-303, or any other state-licensed housing consisting of group quarters, except that such a home shall not include more than one (1) individual who is required to register as a sex offender under the provisions of C.R.S. § 18-3-412.5.

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

Home occupation means a business conducted within a dwelling that is customary and incidental to the residential district and which is approved and used in conformance with the following provisions:

a.

The use must be located or operated within the single-unit dwelling, garage or the accessory building used by its occupant for his or her home.

b.

The dwelling unit area employed for business shall not exceed twenty-five percent (25%) of its gross floor area. The total area employed for business shall be limited, in any event, to four hundred (400) square feet, including garage or accessory building area.

c.

Not more than two (2) persons, not residents of the premises, shall be employed.

d.

The dwelling and premises shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to exterior appearance, the emission of odor, gas, smoke, dust, noise, excessive traffic or similar activity, and the structure shall not include any features by design not customarily found in residential buildings.

e.

Such home occupation shall be approved only for the use of the applicants and not subject to transfer between ownerships from property to property.

Junk means manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, such as scrap brass, copper, iron, lead, tin, zinc and all other scrap metals and their alloys, scrap paper products, rags, used cloth, plastic, rope, rubber, tinfoil, bottles, old and used machinery of any type, used tools, appliances, fixtures, utensils, lumber, boxes or crates (fabricated of any material), pipe fittings, conduit or conduit fittings, automobiles in nonoperative condition, tires, etc., and bones.

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

Kennel means any building, structure or open space devoted in its entirety or in part to the raising, boarding or harboring of three (3) or more adult dogs and/or three (3) or more adult cats.

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

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

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

Lot means a parcel of land identified on a plat of record or in a deed of record that is of sufficient area and dimensions to meet zoning district requirements for width, area, use and coverage, and to provide such yards and open space as are required. A lot may consist of one (1) lot so identified or combinations of contiguous individual, platted lots and/or portions of lots so recorded and under a single ownership; provided, however, that in no case of division or combination shall any residual lot, portion of lot, combination of platted lots or parcel be created which does not meet the requirements of this chapter.

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

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

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

Lot line, rear means that boundary line of a lot which is most nearly opposite the front lot line of such lot, other than a through lot.

Lot line, side means any boundary line of a lot, other than the front lot line or rear lot line.

Lot, through means an interior lot abutting on more than one (1) street; or corner lot abutting on more than two (2) streets.

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

Manufactured housing means a single-family dwelling which meets all of the standards for manufactured housing contained in this chapter and is certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.C. § 5401, et seq.

Mini-storage. See Self-storage.

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

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

Open space means any unoccupied, unobstructed space open to the sky, except for trees, shrubbery, vegetation or improvements relating to recreation exclusive of buildings or structures.

Outdoor display of goods means the location of goods or stock in trade outside of the primary structure in which an establishment operates, when the placement of such goods or stock in trade is for sale, including without limitation the display of vehicles, equipment, sheds, grills, lawn mowers, lawn furniture, produce, landscape plants or other items and materials displayed for trade.

Outdoor storage means the storage of items used in connection with a primary use outside of an enclosed structure, including without limitation the storage of goods in trade, bunks of lumber, pallets of material, unassembled or bulk products, scrap material or loose materials such as gravel, soil and mulch, storage pods, trailers, sheds, and similar material.

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

Plat means the maps and supporting materials of a proposed subdivision, prepared in accordance with the requirements of these subdivision regulations and utilized as an instrument for recording real estate interests with the county clerk and recorder.

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

Poultry means chickens, ducks, pigeons and turkeys, but such term shall not include backyard chicken hens as defined by section 7-84 of this code.

Principal building or structure means a building or structure, permitted in the zone district in which it is located, in which is conducted the principal use of the lot on which it is situated. In a residential zone district, any dwelling is deemed to be the principal building on the lot on which it is situated.

Recreational vehicle means a vehicle which is: built on a single chassis; four hundred (400) square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Replat means a subdivision that modifies an existing, recorded subdivision.

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

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

Self-storage means a fully enclosed building that is subdivided into self-storage spaces which are rented to tenants, usually on a monthly basis for the purpose of storing customers' personal property. It is not a facility from which active retail sales or commercial warehousing and/or shipping is conducted.

Setback line means a line that constitutes one (1) side of a portion of a platted lot within which a structure may be constructed. Setback lines ensure that structures are set back some specified distance from property lines.

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

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

Setback line, side means a line parallel with a side lot line of a lot tangent to that part of a building situated on such lot (other than a chimney, stairway or fire escape when approved by the board of adjustment as hereinafter provided for) which is closest to such side lot line and intersecting two (2) other lot lines of such lot.

Sexual encounter establishment means a business or commercial establishment, that as one (1) of its primary business purposes, offers, for any form of consideration, a place where two (2) or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one (1) or more of the persons is in a state of nudity. An adult motel will not be classified as a sexual encounter establishment by virtue of the fact that it offers private rooms for rent.

Sexually oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment or nude model studio. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

Signs are defined in article 8 of this chapter.

Specified sexual activities includes any of the following:

a.

The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts.

b.

Sex acts, normal or perverted, actual or simulated, including but not limited to intercourse, oral copulation, sodomy, sadomasochism or bestiality.

c.

Masturbation, actual or simulated.

d.

Human genitals in a state of sexual stimulation, arousal or tumescence.

e.

Excretory functions as part of or in connection with any of the activities set forth in subparagraphs a. through d. above.

Street means a public thoroughfare, either existing or proposed in a comprehensive plan or subdivision plat, for vehicular traffic.

Streets and alleys means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, place or however otherwise designated.

a.

Major arterials are those streets which are used primarily for fast or heavy traffic.

b.

Collectors are those streets which carry traffic from local streets to the system or major arterial streets and highways and move traffic to parks, schools and shopping centers serving residential neighborhoods.

c.

Local streets are those streets which are used primarily for access to abutting properties.

d.

Marginal access streets are local streets which are parallel to and adjacent to expressways or major arterials, and which provide access to abutting properties and protection from through traffic.

e.

The term alley means a way which is used primarily for service access to the back or the side of otherwise abutting on a street.

Subdivision or subdivided land means any parcel of land which is to be used for condominiums, apartments or any other multiple-dwellings units, unless such land was previously subdivided and the filing accompanying such subdivision complied with municipal regulations applicable to subdivisions of substantially the same density, or the division of a lot, tract or parcel of land into two (2) or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or of building development. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

a.

Unless the method of disposition is adopted for the purpose of evading this subparagraph, the terms subdivision and subdivided land as defined in the paragraph above shall not apply to any division of land:

1.

Which creates parcels of land such that the land area of each of the parcels, when divided by the number of interests in any such parcel, results in thirty-five (35) or more acres per interest;

2.

Which could be created by any court in this state pursuant to the law of eminent domain, or by operation of law or by order of any court in this state if the town council of the town in which the property is situated is given timely notice of any such pending action by the court and given opportunity to join as a party in interest in such proceeding for the purpose of raising the issue of evasion of this subparagraph a. prior to entry of the court order; and, if the town council does not file an appropriate pleading within twenty (20) days after receipt of such notice by the court, then such action may proceed before the court;

3.

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

4.

Which is created by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity;

5.

Which creates cemetery lots;

6.

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

7.

Which is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common, and any such interest shall be deemed for purposes of this subparagraph as only one (1) interest; and

8.

Which is created by the combination of contiguous parcels of land that has not been subdivided into one (1) larger parcel. If the resulting parcel is less than thirty-five (35) acres in land area, only one (1) interest in said land shall be allowed. If the resulting parcel is greater than thirty-five (35) acres in land area, such land area, divided by the number of interests in the resulting parcel, must result in thirty-five (35) or more acres per interest. Easements and rights-of-way shall not be considered interests for purposes of this subparagraph.

b.

The town council may, pursuant to rules and regulations or resolution, exempt from this definition of the terms subdivision and subdivided land any division of land if the town council determines that such division is not within the purposes of this chapter.

Subdivision improvements agreement means one (1) or more security agreements which the town shall accept to secure the actual cost of construction of such public improvements as are required by these subdivision regulations. The subdivision improvements agreement may include any one (1) or a combination of the types of security for public improvements listed below, as approved by the town attorney. The types of security for public improvements which may be used as security under the subdivision improvements agreement are as follows: private or public escrow agreements, irrevocable letters of credit, deposits of certified funds or other similar surety agreements as approved by the town attorney. Security required under the subdivision improvements agreement shall be sufficient in the judgment of the town council to make reasonable provision for the completion of said improvements in accordance with design and time specifications. The amount of security may be incrementally reduced as subdivision improvements are completed and accepted by the town.

Subdivision, minor. A minor subdivision is a subdivision of four (4) or fewer lots that does not require dedication of public right-of-way nor construction of public improvements.

Temporary use means a use of land, as permitted in this chapter, that is seasonal or is established for a fixed period of time, typically less than one (1) year, after which time the use is discontinued, and does not involve construction of any permanent structure.

Utility Service Plan means a plan prepared by a qualified professional, estimating the demand for water and sanitary sewer services for each proposed building. The Utility Service Plan shall include the following analyses:

a.

Peak hour, peak day and peak year water demand.

b.

Hydraulic wastewater demand.

c.

Wastewater average biochemical oxygen demand (BOD) and total suspended solids (TSS).

Yard means that portion of a platted lot located between a lot line and a parallel line intersecting a point on a foundation of a primary building that is closest to said lot line. A yard may be larger than the required setback area if the primary building is located farther from a lot line than the required setback line. In the case of irregularly shaped lots or other unusual circumstances, the town manager may determine the location of a yard.

Yard—Front means the yard located between a primary building and an adjoining public street, not including alleys. Lots adjoining more than one (1) public street will be deemed to have more than one (1) front yard.

Yard—Rear means the yard that is on the opposite side of a primary building from the front yard. Corner lots shall have one (1) rear yard, the rear yard on the opposite side of a primary building from a front yard and consistent with the orientation of rear yards of adjoining lots in a block.

Yard—Side means a yard between a primary building and a lot line that is common with another platted lot.

(Ord. 10-08 §2, 2010; Ord. 13-05 §§1, 2, 2013; Ord. 13-10 §2, 2013; Ord. 14-02 §1, 2014)

(Ord. No. 16-11, §§ 1, 4, 12-7-16; Ord. No. 19-21, § 1, 11-20-19; Ord. No. 24-72, § 1, 8-21-24; Ord. No. 24-80, § 1, 12-18-24)