This Chapter and the regulations contained herein are adopted to promote the general health, safety and welfare, convenience and aesthetics of the present and future residents of the Town.

(Ord. No. 3.43, Art. I, § 1.1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

This Chapter is authorized by Article 23 of Title 31, C.R.S., and the Town Charter.

(Ord. No. 3.43, Art. I, § 1.2, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

After June 17, 1987, and subject to the appropriate section of this Chapter dealing with nonconforming buildings, no building, structure or land may be used and no new building or structure shall be erected, constructed, reconstructed or altered except in conformity herewith.

(Ord. No. 3.43, Art. I, § 1.4, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

This Chapter shall apply to all property within the Town.

(Ord. No. 3.43, Art. I, § 1.5, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

All words used in this Chapter, except where specifically defined, shall carry their customary meanings when not inconsistent with the context.

(b)

The particular controls the general.

(c)

In case of any difference of meaning or implication between the text of this Chapter and the captions for each section, the text shall control.

(d)

A building or structure includes any part thereof. The word building includes the word structure.

(e)

The term occupied or used shall be considered as though followed by the words, "or intended, arranged or designed to be used or occupied."

(Ord. No. 3.43, Art. III, § 1, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

As used in this Chapter, the following words shall be interpreted and defined in accordance with the provisions set forth in this Section or by further modification by the Town Council:

Accessory building means a detached subordinate building, the use of which is customarily incidental to that of the principal building or to the principal use of the land and which is located on the same lot with the principal building or use.

Accessory use means an accessory use that is incidental only to a primary permitted use. Any use which complies with all the following conditions may be operated as an accessory use:

(1)

Is clearly incidental and customary to and commonly associated with the primary permitted use;

(2)

Is operated and maintained under the same ownership or by lessees or concessionaires thereof, and on the same lot as the primary permitted use;

(3)

Does not include structures or structural features inconsistent with the primary permitted uses;

(4)

Does not include residential occupancy, except by domestic servants employed on the premises and the immediate family of such employees;

(5)

If operated partially or entirely within the primary structure, does not occupy more than ten percent of the area of the lot; provided, however, that the limitation shall not apply to the attached garages or carports used exclusively by occupants of the primary structure.

Alley means a public or private vehicular passageway dedicated or permanently reserved as a means of secondary access to abutting property. An alley shall not be considered to be a street.

Antenna means a metallic apparatus used for sending and/or receiving electromagnetic signals.

Assembly means a joining together of completely fabricated parts to create a finished product.

Automotive service station means a building or premises operated for commercial purpose and used for retail sale and fuels and/or lubricants for motor vehicles.

Automotive wrecking yard means any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition, and including the commercial salvaging of any other goods, articles or merchandise.

Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year.

Basement means that part of a building partially or totally underground.

Berm means a mound of earth used for screening, definition of space, noise attenuation and decoration in landscaping.

Boarding house means a building or portion thereof which is used to accommodate, for compensation, three or more boarders, not including members of the occupant's immediate family who might be occupying such building. The term compensation is money, services or other things of value.

Buffer means a strip of land established to separate and protect one type of land use from another, to screen from objectionable noise, smoke or visual impact, or to provide for future public improvements or additional open space.

Building means any permanent structure, having a roof, built for the shelter or enclosure of human beings, animals or property of any kind, and excluding advertising signboards and fences. All buildings shall be placed upon permanent foundations which shall be constructed of poured concrete or concrete blocks.

Building envelope means the portion of a lot within applicable setback requirements where building construction will be permitted.

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

Business or commerce means activities involving the provision of services, purchases, sales or other transactions relating to the handling or disposition of any articles, substances, commodities or intangibles for profit or livelihood; the ownership or management of real estate; and the maintenance and use of offices by professions and trades rendering services.

Campground, private means a camping area operated by a private organization or institution for its members and invitees, designed for camping and to accommodate the temporary (not to exceed 30 days in any one calendar year) parking or placement of camping and travel trailers, motor homes (not to exceed 32 feet), truck campers and tents used for human occupancy.

Campground, public means a camping area operated for the general public, designed for camping and to accommodate, for remuneration, the temporary (not to exceed 30 days in any one calendar year) parking or placement of camping and travel trailers, motor homes, truck campers and tents used for human occupancy.

Caretaker's residence means a dwelling unit or mobile home accessory to a principal use in any one zone district designed and intended for occupancy by a person owning, employed in or dealing with, and responsible for the security and maintenance of, the principal use.

Cash in lieu of Town-dedicated land means cash, equivalent to the full market value of the requirement for dedicated land, to be given to the Town as an alternative to dedicating land sites.

Central sanitation facility means a centralized wastewater collection and treatment facility approved by the Douglas County Health Department and the Colorado Department of Public Health and Environment. A central sanitation facility must include, at a minimum, secondary treatment of the wastewater and is subject to any waste discharge permits required by the State. A collection and treatment facility may be wholly owned by a development entity, private corporation or special district.

Channel means a natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of the defined channel.

Child care center means a service commercial facility in which care is provided for children for periods of less than 24 hours at a time.

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.

Clinic, dental or medical means a facility licensed and used for the provision of medical, dental, surgical or mental health care of the sick or injured, but excluding therefrom in-patient and overnight accommodations.

Cluster development means a type of land use designed for concentrating development in one or more areas of the project and allowing for a reduction in lot size below minimum requirements when compensating amounts of open space are provided within the proposed development.

Community use means a use inclusive of, but not limited to, open space activities or passive recreational areas or facilities, and service needs of the developments within which the land area is located, for the benefit of the users of that development.

ComprehensivePlan or Master Plan means the series of documents which set forth goals and policies which have been adopted or, as they may be expanded or amended, are to serve as a guide for decisions by the Planning Commission and the Town Council.

Concrete, mortar and asphalt batching operations means a site, together with its accessory facilities, where sand, gravel, cement and various petroleum derivatives are compounded to manufacture concrete, mortar and asphalt.

Condominium means a legal form of ownership whereby an owner gains title to an interior air space dwelling unit, together with interest in the common areas and facilities appurtenant to such unit.

Construction means the actual placement and fastening of construction materials in a fixed position. If a basement is being excavated, such excavation shall be deemed to be actualconstruction. If demolition or removal of any existing building or structure has commenced preparatory to construction, such demolition or removal shall be deemed to be actual construction. The term construction shall apply to buildings, roadways, utilities, other structures and landscaping.

Convalescent home, nursing home, rest home and home for the aged means a service commercial facility which provides bed and ambulatory care for patients with postoperative convalescent, chronic illness or dietary problems, and persons unable to care for themselves, but excluding therefrom care for alcoholics, drug addicts or persons with mental or contagious diseases or afflictions.

Cul-de-sac means a round turning area located at the end of a local road, providing limited access to a minor number of residences and/or land uses.

Dedicated land means sites and land areas deeded to the Town, which are necessary for public use to serve a proposed subdivision and its users.

Density means the number of specified units per units of area. The number of dwelling units per acre is a common example.

Density, grossresidential means the number of dwelling units within the boundaries of a project divided by the number of acres.

Density, netresidential means the number of dwelling units within the boundaries of a residential project or residential portion of a project divided by the number of acres of the project, excluding area dedicated for roads, open space, public facilities and residential uses.

Development means any man-made change to improved or unimproved real estate, including but not limited to buildings, structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Development guide means a manual establishing variations from the lot size, bulk, type of use or activity, density, lot coverage, open space or other Town zoning regulation standards within a planned development district. Once a PD development guide is reviewed, approved and recorded by the Town, the current and future owners and their assigns are required to develop their property in accordance with this guide.

Drive-in means a business (most usually a fast food restaurant) where cars park next to each other, the order is brought to the car window by a server, and the customer can remain in the parked car to eat.

Drive-thru means a business (fast food restaurant, bank, or pharmacy for example) where customer orders are filled at a window where the cars create a line and move in one direction and do not park.

Driveway means a private vehicular access abutting a public road, for the exclusive use of the owners and occupants of the lot or project and their invitees. A driveway shall not be considered to be a street.

Dwelling means a building or portion thereof used exclusively for residential occupancy, including one-family dwellings, two-family dwellings and multiple-family dwellings, but not including clubs, hospitals, nursing homes, boarding schools, mobile homes, hotels, motels, tents, seasonal vacation cabins or other structures designed or used primarily for temporary occupancy. Dwelling includes manufactured housing, provided that such housing is not less than 24 feet wide and 36 feet long; is installed on a permanent foundation; has brick, wood or cosmetically equivalent exterior siding; has a pitched roof; is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974; and meets or exceeds, on an equivalent performance engineering basis, standards established by the International Building Code, International Fire Code, International Plumbing Code, International Mechanical Code, National Electrical Code and such other building codes as may be in effect within the Town. All dwellings shall be placed upon permanent foundations which shall be constructed of poured concrete or concrete blocks.

Dwelling, multiple-family means a dwelling situated on one lot and arranged, designed and intended for occupancy by two or more families living independently of each other, but excluding therefrom hotels and motels.

Dwelling, one-family means a dwelling situated on one lot and arranged, designed and intended for occupancy by not more than one family, and with no more than one kitchen and no less than one bathroom.

Dwelling unit means one or more rooms and a single kitchen, designed as a unit for occupancy by one family, for living and sleeping purposes, located in a one-family, two-family or multiple-family dwelling.

Encroachment means an unauthorized placement of a building, part of a building, sign or fence upon the land or easement of another, or into required yards.

Family means any number of persons immediately related by blood, marriage or adoption; or not more than three persons not necessarily related by blood, marriage or adoption.

Farm and garden building means a building or structure used to shelter or enclose livestock, poultry, feed, flowers, field equipment or similar uses.

Floor area, gross means the sum of the gross horizontal areas of the several floors of a structure, including interior balconies and mezzanines, all horizontal measurements to be made between the exterior faces of walls, including the walls of roofed porches having more than two walls.

Floor area, net means the total horizontal floor area measured in square feet of all floors of a building, excluding therefrom walls, stairwells, elevator shafts, covered malls, covered walkways, roof patio areas, covered entries, covered parking, covered driveways, covered loading areas, utility rooms and storage areas.

Floor area ratio, maximum means the maximum permitted ratio of gross floor area of all structures on the lot to the total area of the lot.

Garage, commercial parking means a structure used for the parking of passenger vehicles, either with or without charge, and in which the following activities are not permitted: fueling, servicing, repair, dismantling, storage of automobiles, trucks or recreational vehicles for private individuals or businesses; freight handling; or storage of automobiles which are for sale or repair operation.

Garage, private means a garage used for the storage only of motor vehicles owned and used by the owner or tenant of the premises, and for the storage only of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises. Not more than one commercial vehicle may be stored in a private garage.

Garage/yard sale means a retail sale conducted by the occupant of a single-family residence or the owner/manager of a multi-family residence, subject to the following limitations:

(1)

Limited to a residential zone district.

(2)

Limited to the principal or accessory structure and the driveway of the dwelling.

(3)

Limited in duration to 48 hours and to one such sale per residential property per calendar year.

Geologic hazard means a geological phenomenon which is so adverse to past, current or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. This term includes, but is not limited to, landslide, rockfall, seismic effect, mudflow, radioactivity, ground subsidence and unstable or potentially unstable slopes.

Grade means the average of the finished ground level at the center of all walls of a building.

Group home means a facility providing 24-hour care and/or training for eight or more children or adults not related to the caretakers.

Guest house means a building attached or unattached to the main building, used to house guests of the occupants of the main building, and which shall not be rented, leased or held in ownership by other than the owner of the principal use.

Home occupation means any business use which is conducted only within the principal dwelling and by the occupants thereof, plus not more than one nonresident employee, is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the dwelling, excluding therefrom such uses as a medical clinic, hospital, barber shop, beauty parlor, tea room, tourist home, kennel, animal clinic, animal hospital or any similar use generating more than occasional and minimal vehicular and pedestrian traffic.

Hotel means any building arranged, designed and intended as a temporary lodging place for human beings, with or without meals, in which there are six or more guest rooms or suites, and in which no provision is made for cooking in any individual room or suite.

Household pet means any trained or domesticated animal belonging to a family and kept at the family's place of residence, but not including horses, cows, sheep, goats, pigs, animals of the bovine genus, regardless of sex, or other such animals, also not including chickens, ducks, peacocks, turkeys, geese or other fowl and also not including rabbits, mink, chinchillas or other such animals. Household pet includes dogs, domestic cats, canaries, parrots, hamsters, guinea pigs and similar rodents, fish, reptiles and other such species as normally would be sold at a local pet shop, but does not include any species of fauna capable of inflicting substantial physical harm to man. This permitted use shall not exempt any animals from the provisions of this Code or any other ordinance of the Town. Nothing in this Chapter shall be construed as prohibiting a family from maintaining as household pets three or less chickens, ducks or rabbits.

Junkyard means a building, structure or parcel of land, or portion thereof, used for the collecting, storage or sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or demolition of vehicles, machinery or other materials.

Kennel means any building, structure or open space, or portion thereof, used for the breeding, raising, boarding or selling of dogs that are more than four months old, or for more than one litter.

Livestock means animals of the bovine genus regardless of sex, horses, cows, sheep, goats, pigs, chickens, ducks, turkeys, geese and other poultry.

Lot means the basic land development unit which has fixed boundaries, is not divided by any public street or alley and is used or intended to be used by one or more principal permitted uses.

Lot coverage means that portion of a lot covered or permitted to be covered by structures, including accessory structures, also known as building coverage.

Lot line, front, means that boundary line of a lot which parallels a street and towards which the principal structure on such lot faces or is proposed to face.

Lot line, rear, means that boundary line of a lot which is opposite the front line or, in the case of an irregular lot, that boundary line which is determined by the orientation of existing structures in the vicinity to be the rear lot line.

Lot line, side, means that boundary line of a lot which is neither a front nor a rear lot line.

Lot of record means a lot which is part of a recorded subdivision, which has been filed with the appropriate county clerk and recorder's office. For purposes of this Chapter, the term legally described lot shall be deemed synonymous with the term lot of record.

Major automotive repairs means those automotive repairs which include, but are not limited to, the removal or replacement of major component parts, including but not limited to motors, axles, transmissions, drive shafts and radiators. For purposes of this Chapter, all body work shall be classified as major automotive repairs.

Major facility of a public utility means any transmission lines, power plants and substations of electrical utilities and pipelines and storage areas of utilities providing natural gas or petroleum derivatives.

Microwave dish means a transmitter or receiver for ultra-high frequency electromagnetic waves.

Mineral means an inanimate constituent of the earth, in either solid, liquid or gaseous state, which, when extracted from the earth, is usable in its natural form or is capable of conversion into usable form as a metal, a metallic compound, a chemical, an energy source, a raw material for manufacturing or construction material. This definition does not include surface or groundwater subject to appropriation for domestic, agricultural or industrial purposes, nor does it include geothermal resources.

Mineral resource area means an area in which minerals are located in sufficient concentration in veins, deposits, bodies, beds, seams, fields, pools or otherwise, as to be capable of economic recovery. The term includes, but is not limited to, any area in which there has been significant mining activity in the past, there is significant mining activity in the present, mining development is planned or in progress or mineral rights are held by a mineral patent or valid mining claim with the intention of mining.

Mining means the withdrawal and refinement of materials, including but not limited to: minerals (either solid, liquid or gas which are in usable form when extracted from the earth), sand, gravel, quarry aggregate, oil, natural gas, coal, dimension or landscape stone, peat and metals. Mining does not include surface or groundwater found in the Town.

Minor automotive repairs are those repairs which include, but are not limited to, chassis and axle lubrication, changing motor oil and oil filters, replacement of spark plugs and distributor points, changing or repairing tires, replacement of brake shoes, shock absorbers and exhaust systems, carburetor repair and other similar adjustment, repair and replacement necessary for general automotive maintenance which do not involve the removal or replacement of major component parts or body work.

Mobile home means a portable structure used or designed to be used for living or sleeping purposes, transportable on its own wheels and requiring only minor work after arrival on its site to become suitable for occupancy. Any factory manufactured housing not meeting all of the definitions of a dwelling, as defined by this Section, shall be deemed a mobile home. A mobile home is not a dwelling as defined in this Section. All mobile homes shall be installed on engineered permanent foundations which shall be constructed of poured concrete or concrete blocks.

Mobile home, converted, means a mobile home which has been placed on a permanent foundation and taxed as real estate. Converted mobile homes shall be permitted only in mobile home zones.

Mobile home, dependent, means a mobile home which does not contain a flush or chemical toilet or tub or shower.

Mobile home, independent, means a mobile home which contains a flush toilet, a tub or a shower, and kitchen facilities with plumbing connections provided for attachment to outside systems.

Mobile home lot or space means a plot of ground within a mobile home subdivision, designed for the accommodation of one mobile home and its permitted accessory buildings and uses.

Mobile home park means a parcel of land under single or unified ownership or control within which spaces are rented for occupancy by mobile homes.

Mobile home subdivision means an area of land subdivided for occupancy by mobile homes exclusively, and containing lots in divided or separate ownership.

Motel means a hotel primarily for transients traveling by automobile.

Natural hazard means a geologic hazard, a wildfire hazard or a flood.

Natural hazard area means an area containing or directly affected by a natural hazard.

Nursing home means an establishment, other than a hospital, licensed by the State, which operates and maintains continuous day and night facilities providing room and board, personal service and skilled nursing care.

One-hundred-year flood means a flood that has an average frequency of occurrence of 100 years determined from an analysis of floods on a particular stream and other streams in the same general region. It is also known as a base flood.

Open space means public or private land and aquatic areas which are acquired, regulated or managed to protect the natural environment and significant cultural resources; provide recreation and agricultural opportunities; and shape the pattern of urban development or any combination thereof, including yards, common areas and common elements, and including a limited number of buildings and accessory uses compatible with the intended use.

Parking lot, commercial, means an open area for the parking of passenger vehicles and on which no servicing, repair, dismantling or storage of automobiles which are for sale or which are to be repaired, in a minor accessory to a sales or repair garage, is permitted.

Parking, off-street, means a reasonably level off-street area or space, either enclosed or open and, if open, surfaced to an extent to permit the reasonable use thereof under all weather conditions, used exclusively for the temporary storage or parking of motor vehicles and having direct and unobstructed access to a street or alley.

Planner means an individual having specific qualifications and/or experience in land use development and/or community planning and related matters, who is either hired as an employee of the Town or enters into a contract to provide such services to the Town. If no such individual has been hired or retained by the Town, the decision to utilize and retain a planner or to rely on Town Staff for recommendations in connection with a particular land use application shall be made by the Town Council.

Planning area means an area of land within a planned development defined by acreage, use, density, etc., and whose boundaries are defined by the alignment of arterials or collectors or as otherwise depicted on the development plan.

Planning Commission means the Larkspur Planning Commission.

Plat means a map and supporting materials of certain described land prepared in accordance with Chapter 17 of this Code as an instrument for recording of real estate interests with the County Clerk and Recorder.

Plot plan means a scale drawing of a lot or parcel showing the location and dimensions of all easements and existing and proposed improvements.

Professional office means a place of business for any of the following: accountants, architects, attorneys, bookkeeping services, brokers (of stocks, bonds and real estate), building designers, persons licensed by the State to practice any of the healing arts, corporate offices, drafting services, financial institutions (including banks and savings and loan associations), insurance companies, credit unions and credit-reporting agencies, development companies, engineers, surveyors and planners, insurance agencies and brokers, interior decorators and designers (no retail sales allowed on premises), laboratories, medical and dental, landscape architects, pharmacies, public notaries, public stenographers, typing and secretarial services and other similar businesses and professions.

Public facilities means facilities to provide for public uses, including but not limited to governmental offices, public utilities, fire stations, police stations, schools, libraries and public parks.

Public wastewater and public water facilities are facilities of a municipality, public utility, nonprofit corporation or sanitation, water or other special district, which are constructed, operated and maintained to provide water or wastewater service.

Recreation, commercial, means a commercial use characterized by the provision of recreational facilities and services for remuneration, such as theaters, bowling alleys, tennis courts, recreation centers and similar uses.

Recreation vehicle means a motor home, travel or camping trailer, boat, van or truck camper, with or without self-motive power, designed for temporary human habitation.

Recreation vehicle storage means an area of land and associated structures arranged, designed and intended to accommodate the temporary parking or storage of unoccupied recreation vehicles.

Religious retreat means a site, together with its accessory buildings and uses, designed and designated for religious reflection and activities, where church members and their guests may visit for extended periods of time. It is maintained and controlled by a religious body organized to sustain religious worship.

Residential child care facility means a facility licensed by the Colorado Department of Social Services to provide 24-hour group care and treatment for five or more children, five through 15 years of age and/or approved to care for children 16 through 21 years of age, operated under private or nonprofit sponsorship.

Resort cabins and lodges means buildings designed and used primarily for recreational purposes in open or mountainous terrain for housing individuals and families on a term occupancy basis.

Reverse corner lot means a corner lot where the side lot line is substantially a continuation of the front lot line of a lot or development area which adjoins the rear lot line.

Riding academy means an establishment which rents, boards or leases animals and/or gives lessons to develop horsemanship in return for compensation, and includes a structures to shelter the animals.

Road, private, means a privately owned access way generally not constructed to Town specifications and not maintained by the Town.

Road, public, means a dedicated right-of-way constructed to Town specifications for a stated design classification. It includes engineered drainage, based on the 100-year storm frequency, and all traffic control devices necessary for the safe movement of traffic. It is maintained by the Town or by a special district.

Rooming house means a building or portion thereof which is used to accommodate, for compensation, three or more 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.

Site plan means a set of detailed plans and associated information which contains at a minimum: a horizontal layout of the parcel or lot; grading plan; landscaping plan; drainage study, report and plan; erosion plan; and appropriate building or other proposed improvement plans.

Small Wind Energy Conversion Systems (SWECS) means any mechanism that includes blades, rotors or other moving surfaces designed for the purpose of converting wind energy into mechanical or electrical power. For the purposes of this Chapter, towers, tower bases, guy wires and any other structures necessary for the installation of small wind energy conversion systems are also included.

Street means a public or private right-of-way for motor vehicles other than an alley or driveway.

Structure means anything constructed or erected in, under, over or upon the land, or attached to something in, under, over or upon the land, but excluding therefrom off-street parking areas, fences, walls used as fences six feet in height or less, driveways, sidewalks, curbs and parking lot dividers.

Structure, detached, means any structure having no party wall or common wall with another structure. Bridges, tunnels and other similar means of connecting one structure to another shall not be considered to constitute a party wall or a common wall.

Structure, permanent, means a structure which is built of such materials and in such a manner that it would reasonably be expected to last and remain useful for more than one year.

Structure, temporary, means a structure which is not a permanent structure, or one which is constructed for a special purpose in contemplation of removal upon accomplishment of such. For the purposes of this Chapter, the term temporary shall mean a period up to 12 months.

Subdivision means the division of a lot, tract or parcel of land into two or more plats, sites or other divisions of land for the purpose, whether immediate or future, of sale of a building or development. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started; or (2) before damages occurred if the structure is damaged.

Townhome means an individual dwelling unit situated on one lot but attached to one or more similar dwelling units by a common wall or party wall. Where such a unit is attached to another, the property line shall be the center of the common wall or party wall. The owner of a townhome unit may have an undivided interest in common areas and elements appurtenant to such units.

Transportation system, collector, means a roadway system designed and intended to provide equally for traffic movement between arterials and local streets, and direct access to abutting properties. Collectors in urbanized areas generally have signalized and stop-sign controlled intersections and some restrictions on private access.

Transportation system, level of service, means a letter grade ranging from A (best) to F (worst) used to describe traffic-operating conditions. A level of service designation is used to convert physical measures such as roadway volume to capacity ratios and traffic speeds into a qualitative evaluation of traffic systems as perceived by the road user.

Transportation system, local means a roadway system comprising all facilities not on one of the higher systems. It provides direct access to abutting land and access to the higher roadway systems. Generally, through-traffic movement is deliberately discouraged.

Transportation system, major arterial, means a roadway system designed and intended to provide through-traffic movement between and across major activity centers of urbanized areas. Providing for traffic mobility is its primary service function; major arterials in urbanized areas are generally controlled access facilities.

Transportation system, minor arterial, means a roadway system designed and intended to interconnect with and augment the major arterial system and provide service to trips of moderate length. Providing for traffic mobility is its primary service function, while providing access to abutting property is secondary and usually restricted.

Travel center/truck stop means a business that engages primarily in the sale of fuel, accessories, and equipment for semi-tractor trailers or similar heavy commercial vehicles, provides parking spaces for semi-tractor trailers or similar heavy commercial vehicles, and may include one or more of the following accessory uses: convenience store, restaurant, overnight parking, vehicle maintenance, shower facilities, vehicle scale, vehicle wash, and/or laundry facilities. As used in this definition, the terms "semi-tractor trailers or similar heavy commercial vehicles" are intended to include but not be limited to those vehicles that require a CDL license to operate but are not intended to include recreational vehicles that are being used for private, noncommercial purposes.

Triplex means a building or portion thereof designed for occupancy by three or more families living independently of each other, but not including hotels, motels or similar facilities.

Use means the purpose for which land, portions thereof or buildings are arranged, designed and intended, or the purpose for which either land, buildings or portions thereof are or may be occupied or maintained.

Veterinary clinic and hospital means a structure where animals are brought for medical and surgical treatment and may be held during the time of treatment and recuperation.

Warehouse means a building, or portion thereof, for storing goods, wares and merchandise for the owner or for others.

Watercourse means a channel, natural depression, slough, artificial channel, gulch, arroyo, stream, creek, pond, reservoir or lake in which storm runoff and floodwater flows either regularly or intermittently. This includes major drainage ways for carrying urban storm runoff.

Wildfire hazard means a wildfire phenomenon which is so adverse to past, current or foreseeable construction or use as to constitute a significant hazard to public health and safety or to property. The term includes, but is not limited to, slope and aspect, wildfire behavior characteristics and existing vegetative types.

Wildfire hazard area means an area containing or directly affected by a wildfire hazard.

Wildlife habitat, significant, means an area containing and having significant impact upon those wildlife habitats in which the wildlife species, as identified by the Town, could be endangered by development, and includes those essential elements of a wildlife habitat which, if altered or eliminated, would impair or destroy an area's capability to sustain a wildlife species.

Yard means the area on a lot unoccupied and unobstructed from the ground upward, except for certain items as otherwise provided in this Chapter, such as landscape, walkways, patios, fences, parking and driveways.

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.

Zero lot line means a situation in which either two adjoining structures on adjacent but separate properties share a common wall, or a structure is built up to its property line with no easement or setback requirement.

(Ord. No. 3.43, Art. III, § 2, 6-3-1987; Ord. No. 3.48, §§ 1—3, 3-9-1988; Ord. No. 3.76, § 2, 7-19-2001; Ord. No. 3.94, § 2, 6-21-2007; Ord. No. 3.118, § 1, 7-21-2016; Ord. No. 2021-06, § 9, 7-22-2021; Ord. No. 2022-21, § 4, 12-15-2022; Ord. No. 2024-05, § 1, 4-4-2024)

(a)

Purpose and scope. The purpose of this Section is to ensure that the costs to the Town of processing and reviewing applications for land development approval is fairly borne by the applicant for such approval.

(b)

Amount of application fee. Application fees for Town staff processing, including but not limited to setting public hearings, coordination with consultants and other administrative tasks, as set forth on the Town's Fee Schedule, shall be paid directly to the Town.

(c)

Amount of review fee. Review fees for planning, engineering, attorney and other necessary consultant review, inspection, drafting, meeting attendance and similar related functions shall equal 100 percent of the consultant fees as set forth in the consultant invoice billed to the Town.

(d)

Procedure for payment of application and review fees. At the time a land development application is first submitted to the Town and prior to any review by the Town, the applicant shall pay to the Town the fees necessary to cover the application processing and review costs. The Town shall not charge the applicant for costs incurred during a preapplication meeting, provided that such preapplication meeting is limited to a single meeting with Town staff. Application fees set forth in Subsection (b) above shall be paid directly to the Town and are separate from amounts deposited for review fees. In order to cover consultant review costs, the applicant shall establish an initial deposit in an amount as set forth on the Town's Fee Schedule prior to further processing of the application by the Town. As costs of review are incurred and billed to the Town, the Town shall draw upon the initial deposit for payments to the appropriate consultants. The applicant shall regularly maintain in the account a minimum amount as set forth below. The Town will terminate review of an application when the account falls below the required minimum deposit amount and will recommence such review only upon receipt of an additional amount necessary to meet the minimum deposit.

(e)

Refund of fees. Upon payment of all application and review fees to cover all costs incurred in the review of a land development application, any remaining monies held on deposit by the Town will be refunded to the applicant.

(Ord. No. 3.43, Art. I, § 1.6, 6-3-1987; Ord. No. 3.77, § 1, 2-21-2002; Ord. No. 3.82, § 1, 3-21-2002; Ord. No. 3.94, § 3, 6-21-2007; Ord. No. 3.118, § 1, 7-21-2016)

(a)

In order to carry out the purpose and provisions of this Chapter, the following zoning districts are hereby established:

A - Agricultural District.

E - Estate District.

R-1 - Low Density Residential District.

R-2 - High Density Residential District.

R-3 - Multi-Family Residential District.

B - Business District.

C - Commercial District.

I - Industrial District.

OS - Open Space District.

PD - Planned Development District.

(b)

In order to recognize special areas within the Town which are not zone districts, the following overlay district is hereby established:

FP - Floodplain Overlay District.

(c)

Where uncertainty exists as to the boundaries of districts shown on the Zoning Map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, streambeds, railroad rights-of-way or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following right-of-way lines of streets, highways or alleys shall be construed to follow such right-of-way lines and, in the event of change in the right-of-way line, shall be construed as moving with the right-of-way line.

(3)

Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines.

(4)

Boundaries indicated as parallel to or extensions of features indicated in Paragraphs (1) through (3) above shall be so construed. Distances not specifically indicated on the official zoning district map shall be determined by the scale of the map.

(5)

Where a street or alley is vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to such vacated or abandoned street or alley.

(6)

Disputes concerning the exact location of any district boundary line shall be decided by the Town Planner. Where a lot is divided as of June 17, 1987, or any subsequent amendment thereto by a zoning district boundary line, the less restrictive zoning district requirements may be extended, not more than 25 feet into the more restrictive zoning district adjacent to such lines.

(Ord. No. 3.43, Art. I, § 1.7, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

The location and boundaries of the zoning districts established by this Chapter are shown upon the "Zoning District Maps of Larkspur, Colorado," hereafter referred to as the "Zoning Map," dated April 8, 1986, and made a part hereof.

(Ord. No. 3.43, Art. I, § 1.8, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

No land in the Town shall be used, nor any building or structure erected, constructed, enlarged, altered, maintained, moved or used, in violation of this Chapter. The Town Council, through the Town Attorney, may initiate legal action, both criminal and civil, to enjoin, prevent, abate or remove such unlawful erection, construction, reconstruction, enlargement, alteration, maintenance, movement or use, in addition to any other remedies provided by law.

(b)

Any person who violates any of the provisions of this Chapter shall be subject to a penalty as set forth in Section 1-4-20 of this Code. This Section shall apply to any landowner who allows the use of his or her land by another in violation of this Chapter.

(c)

In any civil or criminal action brought to enforce this Chapter, the Town Attorney may request a court order authorizing the Town to abate any violation of this Chapter at the expense of the violator. The costs of abatement shall be supported by competent evidence and reduced to judgment in the same action in a hearing before the court.

(Ord. No. 3.39 § 2, 10-1-1986; Ord. No. 3.43, Art. I, § 1.9, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

It is unlawful to erect, construct, reconstruct, alter or change the use of any building or other structure, including surface and subsurface structures, or to move a structure from one property to another within the incorporated area of the Town, without first obtaining a building permit from the Building Inspector.

(b)

The Building Inspector shall not issue any building permit unless the plans for the proposed erection, construction, reconstruction, alteration or use fully conforms to all applicable provisions of this Chapter.

(c)

No building permit shall be issued for any building or other structure unless an approved final plat encompassing the area upon which the building or structure is to be erected has been recorded at the office of the County Clerk and Recorder and is on file at the Town Hall.

(Ord. No. 3.43, Art. I, § 1.10, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

Any Town official or employee charged with the enforcement of this Chapter, acting in good faith and without malice on behalf of the Town in the discharge of this person's official duties, shall not thereby be rendered personally liable for any damages which may accrue to persons or property resulting from any such act or omission committed in the discharge of such duties.

(Ord. No. 3.43, Art. I, § 1.11, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

This Chapter shall not be construed to hold the Town officials or employees in any manner responsible for any injury to persons or property resulting from any inspection as herein authorized or resulting from any failure to so inspect, resulting from the issuance or denial of a building permit as herein provided, or resulting from the institution of court action as hereinabove set forth or the forbearance by the Town officials or employees.

(Ord. No. 3.43, Art. I, § 1.12, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

If any provision of this Chapter is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that:

(1)

The effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid; and

(2)

Such decision shall not affect, impair or nullify this Chapter as a whole or any other part thereof, but the rest of this Chapter shall continue in full force and effect.

(b)

The effect of such decision shall be limited to that lot, building, other structure or tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered.

(c)

Such decision shall not affect, impair or nullify this Chapter as a whole or the application of any provision thereof to any other lot, building, other structure or tract of land.

(Ord. No. 3.43, Art. I, §§ 1.13, 1.14, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)

(a)

Purpose. A land development application submitted to the Town for its review and consideration must be diligently pursued and processed by the applicant as set forth in this Section.

(b)

Application review. An applicant, within 60 days of receipt of written comments and notice to respond from the Town on any submittal (or subsequent revision to a submittal) of an application for approval of a development application, shall file such additional or revised submittal documents as are necessary to address such comments from the Town. If the additional submittal information or revised submittal is not filed within said period of time, the development application shall automatically lapse and become null and void. Upon incorporation of all applicable staff comments within the development application materials, the Town Planner shall notify the applicant in writing that a public hearing may be scheduled to consider the land development application.

(c)

Public hearing. All public hearings before the Planning Commission, Board of Adjustment and Town Council, as applicable, on any land development application shall occur within 90 days of the date of written notification from the Town Planner as set forth in Subsection (b) above.

(d)

Extension. The Town Planner, for good cause, may grant extensions of the foregoing 60-day or 90-day requirements, which extensions, in total, shall not exceed 60 days. In no event shall a land development application be in process, from date of submittal to the final decision rendered by the appropriate reviewing authority, for longer than 270 days; otherwise, the application shall automatically lapse and become null and void.

(Ord. No. 3.78, § 1, 2-21-2002; Ord. No. 3.118, § 1, 7-21-2016)

(a)

Amendments to this Chapter shall be in accordance with the applicable statutes of the State and the Town Charter, as they presently exist or as they may in the future be amended.

(b)

Any amendment proposed may be submitted by the Town Council to the Planning Commission for its review and recommendation prior to any action at a public hearing by the Town Council.

(Ord. No. 3.43, Art. I, § 4, 6-3-1987; Ord. No. 3.118, § 1, 7-21-2016)