For the purpose of this title, certain terms and words are defined and shall have the meanings set out in this chapter unless it shall be apparent from the contest that a different meaning is intended.

(Ord. 104 Art. 4(part), 1982)

"Accessory uses and structures" means a use subordinate and normally incidental to a use by right, and complying with all of the following conditions:

A.

It is clearly incidental and customary to and com-monly associated with the operation of the use by right;

B.

It is operated and maintained under the same ownership as the use by right;

C.

It is consistent with the structures or structural features of the use by right.

(Ord. 104 Art. 4(part), 1982)

"Alley" means a public, dedicated right-of-way used primarily as a service or secondary means of access and egress to the service side of abutting property.

(Ord. 104 Art. 4(part), 1982)

"Amendment" means an addition, deletion or change in the wording, context or substance of this title or the zoning map made a part of this title.

(Ord. 104 Art. 4(part), 1982)

"Apartment" means a room or suite of rooms in a multiple dwelling used or designed for occupancy by a single-family.

(Ord. 104 Art. 4 (part), 1982)

"Bed and breakfast" means a building providing up to five bedrooms for rent under one roof with shared or separate baths, with a host on the premises at all times and serving daily a full breakfast, with off-street parking of not less than one space per rental bedroom.

(Ord. 225 (part), 2004; Ord. 198 (part), 1998)

"Board of adjustment" means the town board of the town of La Veta, Colorado as created under the authority of Colorado Revised Statutes 1973, Title 31, Article 23-307, and by this title.

(Ord. 104 Art. 4(part), 1982)

"Building" means a structure with a roof, intended for the shelter or enclosure of persons, animals, property, or chattels. Where roofed structures are separated from each other by common or party walls having no openings for passage, each portion so separated shall be considered a separate building.

(Ord. 104 Art. 4(part), 1982)

"Building area" means that portion of a lot that can be occupied or covered over by a building of a use by right, exclusive of front, rear, and side yards.

(Ord. 104 Art. 4(part), 1982)

"Building height" means the vertical distance as measured from the average finished grade at the building setback to the highest point of the roof for a flat roof or mansard roof, and to the mean height level between eaves and ridges for gable and hip roofs. Chimneys, ventilators, pipes, spires, cupolas, or similar appurtenances shall be exclusive of building height.

(Ord. 104 Art. 4(part), 1982)

"Building inspector/zoning enforcement officer" means the building inspector/zoning enforcement officer of La Veta.

(Ord. 104 Art. 4(part), 1982)

"Building setback" means an imaginary regulatory line extending across the full width or side of a lot, parallel with the street right-of-way line or property line. Between said line and street right-of-way line or property line, no buildings or structures shall be built or placed.

(Ord. 104 Art. 4(part), 1982)

"Centerline" means the center line of the right-of-way of a platted, reserved or opened street, alley, highway, railroad right-of-way or similar right-of-way.

(Ord. 104 Art. 4(part), 1982)

"Certificate of occupancy" means a certificate issued by the La Veta building inspector/zoning enforcement officer which signifies that to his knowledge, a person or use may occupy a building, structure, lot or premises and will be in conformance with the regulations of this title, and where inspection by reason for a building permit has been accomplished, the certificate of occupancy shall also signify that the work done under the building permit has passed inspection.

(Ord. 104 Art. 4(part), 1982)

"Density" means the ratio between the number of dwelling units, number of buildings, bulk of buildings, or structures, or surface land coverage of buildings or structures, and the total amount of land or lot area they are situated on.

(Ord. 104 Art. 4(part), 1982)

"Dwelling" means a building designed to be used as a living place for one or more persons or families but not including travel courts, hotels, motels, clubs, boardinghouses, or any other institution such as an asylum, hospital, or jail where persons are housed by reason of illness or under legal restraint.

(Ord. 104 Art. 4(part), 1982)

"Dwelling duplex" means a building containing two dwelling units, however arranged, which may have single or separate entrances.

(Ord. 104 Art. 4(part), 1982)

"Multiple-family dwelling" means a building containing three or more dwelling units. It includes cooperative apartments, condominiums, townhouses, and the like. For purposes of this regulation, regardless of how rental units are equipped, any multiple-family dwelling in which units are available for rental periods of less than one week shall be considered a hotel or motel.

(Ord. 104 Art. 4(part), 1982)

"Single-family dwelling" means a building containing only one dwelling unit. The term is general, including such specialized forms as single-family detached, single-family semidetached, and single-family attached. For regulatory purposes, the term is not to be construed to include mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents, or other forms of portable or temporary housing.

(Ord. 104 Art. 4(part), 1982)

"Floor area" means the total area of all floors enclosed within a building.

(Ord. 104 Art. 4(part), 1982)

"Frontage" means the property distance on one side of a street measured along the property line of the street. Corner lots shall have only one frontage. Frontage for a single use which may extend for more than one platted lot shall be the total linear distance of all lots of the use along one side of a street, and shall be considered as a single frontage.

(Ord. 104 Art. 4 (part), 1982)

"Grade level" means the average of the ground levels on a lot, prior to construction thereon, measured at the center of all perimeter walls of a building.

(Ord. 104 Art. 4 (part), 1982)

"Home occupation" means any nonresidential use conducted entirely within a dwelling unit or accessory structure and carried on solely by the inhabitants thereof, and one full-time employee or equivalent and is clearly incidental and secondary to the use of the dwelling unit for dwelling purposes and does not occupy more than fifty percent of the total floor space of the dwelling unit and accessory structure and which use does not exceed more than ten customers per twenty-four-hour period. To qualify as a home occupation, the use must also conform to the following requirements:

A.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four square feet in area, nonilluminated, and mounted flat against the wall of the principal building.

B.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and the need for parking space generated by such home occupation (over and above that available along the frontage of the premises) shall be met off the street and other than in required front yard.

C.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes odors or electrical interference detectable to normal senses at any spot adjacent to the premises.

(Ord. 104 Art. 4 (part), 1982)

"Hotel," "motel" or "inn" means a building or group of attached or detached buildings designed for occupancy by short-term or part-time residents, providing not less than one off-street parking space per rental unit.

(Ord. 225 (part), 2004)

"Industrial use" means any kind of scientific research, utility, manufacturing, assembly, compounding or processing of goods or materials.

(Ord. 104 Art. 4 (part), 1982)

"Junkyard" means an area, enclosed or open, used for the collecting, storage or sale of wastepaper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or demolition of inoperative vehicles, machinery or other materials and including the sale of whole or parts thereto. This definition does not include storage facilities entirely within an enclosed building.

(Ord. 104 Art. 4 (part), 1982)

"Limited capacity restaurant" means a food establishment with a seating capacity of twenty or less and no drive through services and having operating hours no greater than 7:00 a.m. to 9:00 p.m. seven days per week providing off-street parking of not less than one space per four seating capacity.

(Ord. 225 (part), 2004)

"Lot" or "parcel" means a measured portion of a subdivision or other piece, plat or area of land of contiguous assemblage as established by survey, plat or deed, having its frontage on a public street and intended as a unit for transfer of ownership or development. A "lot" may or may not have real property improvements contained thereon.

(Ord. 104 Art. 4 (part), 1982)

"Lot area" means the number of square feet included with a lot, as measured by the boundaries of the lot subscribed on a horizontal plane upon which the boundaries have been vertically projected.

(Ord. 104 Art. 4 (part), 1982)

"Lot width" means the average distance between the two side lot lines which adjoin the lot frontage, measured perpendicular from one of the sides.

(Ord. 104 Art. 4 (part), 1982)

A building used for public meetings, an assembly or gathering of people including, but no limited to, a place of assembly for purposes of worship.

(Ord. No. 262, § 2, 3-6-2012)

"Mobile home" means a single-family dwelling built on a permanent chassis designed for long-term residential occupancy and containing complete and operable electrical, plumbing, heating and sanitary facilities, which is capable of being drawn over public highways as a single unit.

(Ord. 207 (part), 2001)

"Mobile home park" means a parcel of land used for the continuous accommodation of five or more mobile homes or recreational units containing complete and operable electrical, plumbing, heating and sanitary facilities and operated for the pecuniary benefit of the owner of the parcel of land, his or her agents, lessees or assignees.

(Ord. 207 (part), 2001)

A building, room or series of rooms for preserving and exhibiting artistic, historical or scientific objects.

(Ord. No. 262, § 2, 3-6-2012)

A building, room or series of rooms in which the affairs of a business or professional person are carried on.

(Ord. No. 262, § 2, 3-6-2012)

"Recreational park" means a parcel of land used for the accommodation of recreational units and operated for the pecuniary benefit of the owner of the parcel of land, his or her agents, lessees or assignees.

(Ord. 207 (part), 2001)

"Recreational unit" means anything that is capable of being occupied as a human shelter that is not a mobile home as defined in Section 18.08.290. Examples of recreational units include, but are not limited to, the following: trailers, trailer coaches, camping trailers, motor homes, attached pickup (slide-in) campers, chassis mounts, converted vans, chopper vans, mini motor homes and non-commercial fifth wheel trailers. Slide-in campers not attached to their carriers are not recreational units and are declared not fit to be occupied for any period of time as a human shelter.

(Ord. 207 (part), 2001)

"Retail business" means any structure providing for normal commerce or business services. Off-street parking of not less than two spaces per one thousand square feet of retail space.

(Ord. 225 (part), 2004)

"Modular, manufactured or prefabricated home" means a structure designed to be transported after fabrication and located as a permanent addition to, and becoming a part of, the real property. Such a structure, being at least twenty-four feet by thirty-six feet, must meet minimum construction requirements of the International Building Code, International Residential Code, International Mechanical Code and International Existing Building Code, 2021 Edition or similar requirements as accepted by the Federal Housing Administration or the Veterans' Administration. Such structure must be set on a permanent foundation and is subject to all local building, zoning and housing regulations. Any such modular home meeting the requirements therein defined is not considered a mobile home but rather a dwelling unit.

(Ord. 233 § 4(part), 2008)

(Ord. No. 337, § 4, 8-6-2024)

"Nonconforming" means any building, parcel of land, or use of land lawfully occupied or existing at the time of passage of these regulations or amendments thereto with the zoning requirements of the district in which it is situated.

(Ord. 104 Art. 4 (part), 1982)

"Nonconforming lot" means any lot which was lawfully platted prior to the adoption of these regulations or amendments thereto which no longer meets the area or other dimension requirements for lots in the district in which it is situated.

(Ord. 104 Art. 4 (part), 1982)

"Nonconforming sign" means any sign which was lawfully erected, constructed or placed on a lot or parcel prior to the adoption of these regulations or amendments thereto which no longer conforms to the sign regulations contained in this title.

(Ord. 104 Art. 4 (part), 1982)

"Nonconforming structure" means any building, structure or portion thereof which was lawfully constructed and existed prior to the adoption of these regulations or any amendment thereto, which does not conform to the height, bulk or other building requirements contained in these regulations for buildings in the district in which it is located.

(Ord. 104 Art. 4 (part), 1982)

"Nonconforming use" means a use which lawfully occupied a building or land at the time of passage of these regulations or amendments thereto, but which does not conform after the passage of these regulations oramendments thereto with the use regulations of the district in which it is situated.

(Ord. 104 Art. 4(part), 1982)

"Off-street parking space" means any off-street, hard-surfaced, dust-free space designed and intended to be occupied by a parked automobile, exclusive of maneuvering and roadway space.

(Ord. 104 Art. 4(part), 1982)

"Building permit" means a permit issued by the La Veta building inspector/zoning enforcement officer authorizing the construction, erection, remodeling, movement, structural alteration, or similar work in a building or structure when such work is not in violation of any provisions of this title or other applicable ordinances and regulations of the town.

(Ord. 104 Art. 4(part), 1982)

"Planned unit development" means development of land in a manner which allows a variety of uses in which normal restrictions of lot sizes, setbacks, densities, land uses, and other criteria may be relaxed in return for development conformance to an approved plan for the total parcel. Approval may be given upon evidence of the provisions of open spaces, public facilities, access, planning esthetics, and other considerations deemed important by the town board and when in compliance with these regulations and other applicable regulations of the town.

(Ord. 104 Art. 4(part), 1982)

"Property line," also known as "lot line" means one or more of the perimeter boundaries of a legally described parcel of land.

(Ord. 104 Art. 4 (part), 1982)

"Redevelopment permit" means a permit for changes in use, type or size of commercial or industrial development permit which effectively alters the pattern of business.

(Ord. 198 (part), 1998)

"Setback" means the required distance, and the land resulting therefrom, between the edge of the right-of-way of a public roadway or some other designated line, and the closest possible line of a conforming structure.

(Ord. 104 Art. 4(part), 1982)

"Street" means any street, road, land, alley, or other way for the movement of vehicular traffic which is an existing state, county or municipal roadway, or a street or a way shown upon a plat, heretofore approved, pursuant to law or approved by official action; and includes the gutters, sidewalks, parking areas and other areas within the right-of-way. For the purpose of this title, streets shall be classified and defined as follows:

A.

"Major highway" means a major regional highway designed to carry vehicle traffic into, out of or through the regional area (interregional) or from one political subdivision of the region to another (intraregional).

B.

"Local street" means a street intended primarily to provide pedestrian and vehicular access to abutting properties and designed to carry vehicular traffic from one or more individual residential or nonresidential units to or from a collector's street.

(Ord. 104 Art. 4(part), 1982)

"Street right-of-way" means the entire portion of land dedicated to public use for street and utility purposes.

(Ord. 104 Art. 4(part), 1982)

"Sign" means a name, identification, image, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land, and which directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization or business and which is visible from any street, right-of-way, sidewalk, alley, park, or other public property. Customary displays of merchandise or objects and material without lettering placed behind a store window are not signs or parts of signs.

(Ord. 104 Art. 4(part), 1982)

"Sign area" means the entire area within a circle, triangle or parallelogram enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are unequal area. Where a sign consists solely of lettering or other sign elements printed or mounted on a wall of a building without any distinguishing border, panel, or background, all of the lettering and other elements pertaining to the same enterprise shall be treated as a single sign for purposes of area computation.

(Ord. 104 Art. 4 (part), 1982)

"Structural alterations" means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girder, or any complete rebuilding of the roof or exterior walls.

(Ord. 104 Art. 4(part), 1982)

"Structure" means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but not without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and arbors or breezeways, but excepting utility poles, fences, retaining walls and ornamental light fixtures.

(Ord. 104 Art. 4(part), 1982)

A building, room or rooms where an artist or photographer does his or her work, where dancing, music or other similar lessons are given.

(Ord. No. 262, § 2, 3-6-2012)

"Town" means the town of La Veta, Colorado.

(Ord. 104 Art. 4(part), 1982)

"Town board" means the elected legislative governing body for the town of La Veta, Colorado.

(Ord. 104 Art. 4(part), 1982)

See "mobile home park."

(Ord. 104 Art. 4(part), 1982)

"Use" means the purpose for which land or a building is arranged, designed, or intended, or for which land and/or a building is or may be occupied.

(Ord. 104 Art. 4(part), 1982)

"Variance" means a permanent modification of the terms of these zoning regulations in relation to spatial restrictions on lots, buildings and structures such as building height, floor area, setback and yard space where specific physical conditions, unique to the site, would create an unreasonable hardship in the development of the site for permitted use.

(Ord. 198 (part), 1998: Ord. 104 Art. 4(part), 1982)

A building where wares or goods are stored.

(Ord. No. 262, § 2, 3-6-2012)

"Yard" means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this title. In measuring a yard for the purpose of determining the width of side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

(Ord. 104 Art. 4(part), 1982)

"Front yard" means a yard extending across the front of a lot between the side lot lines and extending from the front lot line to the front of the main building or any projections thereof. The front yard shall be on the side of the lot which has been established as frontage by the house numbering system.

(Ord. 104 Art. 4(part), 1982)

"Rear yard" means a yard extending across the rear of a lot, measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building including any projections on interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards.

(Ord. 104 Art. 4 (part), 1982)

"Side yard" means a yard extending from the front yard to the rear yard and being the space between the side lot line and the main building including any projections.

(Ord. 104 Art. 4 (part), 1982)

"Zoning district" means a zoned area in which the same zoning regulations apply throughout.

(Ord. 104 Art. 4 (part), 1982)