As used in this title, unless the context requires otherwise, the following words and phrases shall be as stated below. Except as provided for in this title, the planning commission shall decide by a majority vote of the members present any questions or disputes regarding both the interpretation and the application of the definitions listed below and all words contained within this title but not specifically defined herein. Any such interpretation or application decided upon by the planning commission may be appealed by an applicant to the board of adjustment, which shall render a final decision by a concurring vote of four members.

(Ord. No. 2023-2, § 3, 7-5-23)

This section defines the general use categories listed in Table 1, By-Right, Conditional, and Prohibited Uses by Zoning District within Chapter 17.48. Definitions for specific use types are in alphabetical order in Section 17.08.030.

"Accessory use" means a subordinate use, building, or structure customarily incidental and subordinate in function to the principal use, building, or structure and located on the same lot as the principal use, building, or structure.

"Agricultural uses" means uses related to the commercial production of field crops for food, fiber, or energy. Agricultural uses commonly include farming, orchards, horticulture, dairying, pasturage, and aquaculture. Agricultural uses also include the raising or breeding of livestock such as cattle, horses, poultry, and the keeping of bees. The term includes the necessary accessory uses for storing the products and inputs needed to produce them.

"Animal services" means animal-related uses including the boarding and care of animals on a commercial basis. Accessory uses commonly include confinement facilities for animals, parking, and storage areas.

"Child care facilities" means any and all facilities or other activities allowed under the Child Care Licensing Act (Article 5, Part 3 of Title 26.5, C.R.S., as amended), and further regulated under the Colorado Department of Human Services' General Rules for Child Care Facilities, 12 C.C.R. 2509-8, Section 7.701 et seq., as amended. "Community and Cultural Facilities" means uses including buildings, structures, or facilities owned, operated, or occupied by a governmental entity or nonprofit organization to provide a service to the public.

"Educational facilities" means public, private, and parochial institutions at the primary, elementary, middle, high school, or post-secondary level, or trade or business schools, that provide educational instruction to students. Accessory uses commonly include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care.

"Food and Beverage" means establishments involved in serving prepared food or beverages for consumption on or off the premises. Accessory uses commonly include food preparation areas, offices, and parking.

"Group living" means uses characterized by residential occupancy of a structure by a group of people who do not meet the definition of "household living." Tenancy is arranged on a monthly or longer basis, and the size of the group may be larger than a family. Group living structures commonly have a common eating area for residents. The residents may receive care, training, or treatment, and caregivers may or may not also reside at the site. Accessory uses commonly include recreational facilities and vehicle parking for occupants and staff.

"Healthcare facilities" means any facility providing direct health care to the public such as hospitals, mental health institutions, sanitariums, special care centers, and clinics.

"Household living" means uses characterized by residential occupancy of a dwelling unit as a household. The tenancy is arranged on a month-to-month or longer basis (lodging where tenancy may be arranged for a period of fewer than thirty (30) days is classified under the "lodging facilities" category). Accessory uses commonly include recreational activities, raising of pets, gardens, personal storage buildings, hobbies, home occupations, and parking of the occupants' vehicles.

"Industrial service and research" means uses including the repair or servicing of agricultural, industrial, business, or consumer machinery, equipment, products, or by-products. Contractors and similar users may perform services off-site with few customers coming to the site. Accessory activities commonly include offices, parking, and indoor or outdoor storage.

"Lodging facilities" means for-profit facilities where lodging is provided to transient visitors and guests for a defined period of time and where meals and the like may be provided.

"Manufacturing and production" means uses including all transformative processes, regardless of whether or not the new product is finished or semi-finished. Production is commonly for commercial wholesaling rather than for direct sales.

"Marijuana industries" means any and all industries, uses, facilities, licenses, or other activities allowed under the Colorado Marijuana Code (Article 10 of Title 44, C.R.S., as amended), and further regulated under the Colorado Department of Revenue, Marijuana Enforcement Division's Colorado Marijuana Rules, 1 C.C.R. 212-3, as amended.

"Offices" means uses that provide executive, management, administrative, or professional services, but do not involve the sale of merchandise except as incidental to a principal use. Common uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting, call centers, and similar offices. Accessory uses commonly include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building.

"Parking facilities" means any parking lot or parking structure that is used primarily or habitually for the parking of vehicles (excluding street or alley rights-of-way).

"Parks and open space" means uses with a focus on natural areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Lands tend to have few structures. Accessory uses commonly include clubhouses, playgrounds, maintenance facilities, concessions, caretaker's quarters, and parking.

"Personal services" means establishments that provide individual services related to personal needs directly to customers at the site of the business, or that receive goods from or return goods to the customer, which have been treated or processed at that location or another location. Examples commonly include beauty and barbershops, laundromats, shoe repair shops, and tailor shops.

"Public utilities and facilities" means all lines, buildings, easements, passageways, or structures used or intended to be used by any public or private utility related to the provision, distribution, collection, transmission, or disposal of power, oil, gas, water, sanitary sewage, communication signals, or other similar services at a local level.

"Recreation and entertainment" means uses that provide recreation or entertainment activities. Accessory uses commonly include concessions, snack bars, parking, and maintenance facilities.

"Retail" means uses involving the sale of a product directly to the final consumer for whatever purpose but not specifically or exclusively for the purpose of resale. Examples commonly include bookstores, antique stores, bakeries, grocery stores, household product stores, and similar uses.

"Vehicles and equipment" means a broad range of uses for the maintenance, sale, or rental of motor vehicles and related equipment. Accessory uses commonly include incidental repair, storage, and offices.

"Warehouse and distribution" means uses that are engaged in the storage or movement of goods for themselves or other firms. Goods are commonly delivered to other firms or the final consumer, except for some will call pickups. There is little on-site sales activity with the customer present. Accessory uses commonly include offices, truck fleet parking, and maintenance areas.

(Ord. No. 2023-2, § 3, 7-5-23)

In this title, the following terms shall have the following meanings unless a contrary meaning is required by the context or is specifically prescribed:

"Accessory dwelling unit" or "ADU" means an attached or detached residential dwelling unit that is incidental and subordinate in function and size to the principal building which is be located on the same parcel as the principal building.

"Accessory use, building, or structure" means a subordinate use, building, or structure customarily incidental and subordinate in function to the principal use, building, or structure and located on the same lot as the principal use, building, or structure.

"Adjoining property and adjacent" includes all lots and parcels of land so long as any portion of the lot or parcel is located within one hundred (100) feet of the outer boundary or perimeter of the property in question.

"Administrative permit" is a permit issued by the planning official after determining that the proposed use satisfies conditions specified in the municipal code for the particular use and does not run with the land. Permits may be denied or referred to the planning and zoning commission and city council with a conditional use permit application as described in Chapter 17.52.

"Agricultural production" means the production of a plant which will ultimately be sold at retail, and which utilizes the cultivating of soil, planting, raising, and harvesting crops.

"Alley" or "alleyway" means a minor public roadway upon which the rear of building lots generally abuts, and which is generally used for service purposes.

"Alteration" means any act or process that changes one or more of the exterior architectural features of a structure, including but not limited to, the erection, construction, reconstruction, or removal of any structure or substantial portion thereof. With regard to a mobile home park or travel trailer park, alteration would be any act or process that changes density, lot size, and boundaries.

"Alternative tower structure" means any man-made trees, clock towers, bell steeples, light poles, water towers, and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

"Animal production" means raising or fattening animals for the sale of animals or animal products. This use comprises establishments, such as ranches, farms, and feedlots primarily engaged in keeping, grazing, breeding, or feeding animals. These animals are kept for the products they produce or for eventual sale.

"Animal shelter" means a facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, established humane society, animal welfare society (such as the Society for the Prevention of Cruelty to Animals), or other nonprofit organization devoted to the welfare protection and humane treatment of animals.

"Antenna" means any exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals.

"Antenna, dish" means dish (parabolic or cylindrical) antennas used for microwave and satellite transmission and reception for commercial purposes. This definition shall not apply to wireless cable satellite dish antennas or dish antennas less than one meter in diameter or measured diagonally.

"Antennas, panel" means an array of antennas, rectangular in shape, used to transmit and receive telecommunication signals.

"Antenna, whip" means a single antenna that is cylindrical in shape and omni-directional.

"Applicant" means any person making application for a land use change or other action encompassed by this title. See also "Person."

"Architectural feature salvage" means the storage yard of a dealer in interior or exterior architectural elements recovered from structures, and may include facilities, but not motor vehicles, for the administration or management of the business and for the maintenance of equipment used in the business. Such use shall not include unenclosed and/or exposed building materials on more than twenty-five (25) percent of the property.

"Art gallery" means an establishment engaged in the sale, loan, or display of paintings, photography, sculpture, or other works of art and may include art classes, art studio space, and special events. Art gallery does not include libraries, museums, or non-commercial art galleries.

"Athletic facilities" means a developed recreation area that may contain a playground as well as fields for competitive sports such as baseball, football, or soccer. Bleachers or grandstands may be provided.

"Automotive, recreational vehicles, or marine sales and service" means the use of any building or land for a business involving the sale, leasing, and/or servicing of new or used motor vehicles, boats, snowmobiles, ATVs, OHVs, UTVs, or recreational vehicles. Such establishments may include office space, parking lots for the display and storage of vehicles available for sale, parking areas for customers and employees, vehicle repair facilities, facilities for body work, painting, or restoration, and sale of parts.

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

"Bars and lounges" mean establishments whose primary activity is the sale of alcohol beverages, as that term is defined in the Colorado Liquor Code, to be consumed on the premises. Bars and lounges include taverns, night clubs, private clubs, bottle clubs, and similar facilities serving alcohol beverages.

"Bed and breakfast establishment" means a building or portion thereof with kitchen facilities for the customary service of breakfast at no additional cost to patrons and with guest units designed to be used, let, or hired for occupancy by persons on a temporary basis and containing not more than five such rooms.

"Block" means an area of land within a subdivision or proposed subdivision and bounded entirely by streets, roads, or other thoroughfares, except alleys or the external boundaries of the subdivision.

"Board of adjustment" means the board whose members are appointed by city council that is vested with the powers set forth in Chapter 17.88 of this title.

"Brewery" means an establishment that manufactures malt liquors, as that term is defined in the Colorado Liquor Code, on site. Accessory uses may include but are not limited to bars, restaurants, tasting rooms, or storage.

"Brewpub" means a restaurant that includes the manufacturing of malt liquors, as that term is defined in the Colorado Liquor Code, as an accessory use.

"Buffer" means a screen which provides a visual barrier and noise abatement around the perimeter of mobile home parks and travel trailer parks excluding areas of ingress and egress. The screen can consist of any combination of the following: A wood or masonry fence, essentially solid, with a minimum height of six feet; or landscaping or a landscaped berm consisting of trees, plants, flowers, or other natural vegetation. At no point can the screen be less than three feet in height. At the time of construction, sixty (60) percent of the perimeter area where the screen is to be placed must be at least six feet in height.

"Building" means any structure supported by columns and/or walls or other structures designed to enclose space.

"Building height" means the vertical distance as measured from the average finished grade to the point lying one-half the distance between the lowest and highest point on the roof of the building.

"Building official" means the city official(s) appointed or retained by the city to administer or enforce the building codes adopted by the city and other such codes and other regulations as the city may so designate.

"Café." See "Restaurant."

"Campground" means an area to be used for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes, recreational vehicles, and/or similar movable or temporary sleeping quarters of any kind.

"Canopy" means a permanently roofed shelter wholly or partially covering a sidewalk, driveway, or another similar area, that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extended from the ground.

"Cemetery" means land used or dedicated to the burial of the dead, including crematoriums, mausoleums, necessary sales, and maintenance facilities. Mortuaries shall be included when operated within the boundary of such cemetery.

"Child care center" means a facility, by whatever name known, which is maintained for the whole or part of the day for the care of five or more children eighteen (18) years of age or younger and not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated education purposes.

"Churches, places of worship or assembly " means any building which people regularly use to attend, participate in, or hold religious services, meetings, and other activities. This definition shall include buildings in which the religious services of any denomination are held. Accessory uses commonly include, but are not limited to, summer camps.

"City" or "the city" means the City of Leadville, Colorado.

"Collector street" means a street of limited continuity serving or intended to serve as a feeder of local traffic into one or more major thoroughfares.

"Commercial cutting and storage of firewood" means the falling, chopping, cutting, splitting, or otherwise preparing timber or logs for commercial sales and/or storage of these products on the premises.

"Commercial greenhouse" means a greenhouse for agricultural production.

"Commercial use" means activity involving the sale of goods or services carried out for profit.

"Common open space" means a parcel of land, an area of water or a combination of land and water within the site designated for a planned unit development designed and intended primarily for the use or enjoyment of residents, occupants, and owners of the planned unit development.

The "commission" or the "planning commission" means the Leadville Planning and Zoning Commission.

"Community center" means a building or portion of a building used for nonprofit, cultural, educational, recreational, religious, or social activities which is open to the public, or a designated part of the public, usually owned and operated by a public or nonprofit group or agency. Examples of community centers are learning centers, senior centers, and similar uses.

"Comprehensive plan" means a master plan or comprehensive plan adopted by the Leadville Planning Commission and/or the city council and all attachments and/or amendments to that plan.

"Conditional use permit" means a use as defined in Chapter 17.52 and may indefinitely run with the land rather than ceasing upon sale of the business as long as the land use remains the same and there are no violations of the municipal code.

"Construction" means the act of adding an addition or modifications to an existing structure or the erection of a new principal or accessory structure on a lot or parcel.

"Convalescent home." See "Nursing home.

"Cottage industry" means a commercial operation conducted within or adjacent to a dwelling unit, in which the dwelling unit is occupied as a residence. In order to qualify for treatment as a cottage industry, the dwelling unit must be continuously occupied as a residence; the absence or cessation of the occupation of the dwelling unit as a residence shall render the cottage industry a commercial operation, subject to all of the requirements of this title.

1.

The cottage industry may offer articles for sale or delivery on the premises;

2.

The cottage industry use must be contained within or adjacent to and integrated with the dwelling unit, but is not required to be operated entirely within the dwelling unit;

3.

Up to three persons, in addition to those persons residing within the dwelling unit may be employed in the operation;

4.

All signs must be in compliance with the applicable requirements for the zoning district in which the property is located;

5.

No more than three motor vehicles, in addition to those owned and operated by the persons dwelling in the dwelling unit, may be parked or stored at or adjacent to the cottage industry premises for more than three hours continuously.

"Demolition" means any act or process that destroys in part or in whole a designated historic structure or a structure within the National Historic Landmark District.

"Density" means the number of dwelling units per acre of land.

"Detoxification center." See "Substance abuse treatment facility."

"Development" means any construction or activity which changes the basic character or the use of the land on which the construction or activity occurs.

"Distillery" means an establishment where spiritous liquors, as that term is defined in the Colorado Liquor Code, are manufactured. Accessory uses may include but are not limited to tasting rooms open to the public.

"Distillery pub" means a restaurant that includes the manufacturing of spiritous liquors, as that term is defined in the Colorado Liquor Code, as an accessory use.

"Distribution facility" means a use where goods are received and/or stored for delivery to the ultimate customer at remote locations.

"District" means a physical or geographic area where a common set of land use regulations and/or development standards apply.

"Dwelling, multifamily" means a dwelling, which may be a modular structure, that was designed to house or houses more than two families, as defined herein.

"Dwelling, single-family attached" means a dwelling, which may be a modular structure, designed for occupancy and ownership by one family that is connected by a common wall to another single-family dwelling, such as a townhome.

"Dwelling, single-family detached" means a dwelling, which may be a modular structure, designed for or occupied by a single-family as defined herein. Except as otherwise indicated, a "manufactured home" is also included within the definition of a "single-family dwelling, detached." However, a "mobile home" is not included within the definition of a "single-family dwelling, detached."

"Dwelling, two-family" means a dwelling, which may be a modular structure, designed for occupancy by two families, such as a duplex.

"Dwelling unit" or "dwelling" means a building or structure or portion therein, including a modular structure, designed to be used as the living quarters for one person, family or household.

"Educational institution" means public, private, or parochial institution at the primary, elementary, middle, high school, or post-secondary level, or trade or business schools, that provide educational instruction to students. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care.

"Electric vehicle (EV) charging station" means a motor vehicle parking lot where EVs can either recharge batteries for free or for a fee. EV charging stations may be allowed as an accessory use to any use where parking is required or provided.

"Electric vehicle (EV) charging station, private" means an EV charging station that is not open to the general public.

"Electric vehicle (EV) charging station, public" means an EV charging station that is accessible without restrictions on which drivers can utilize the station.

"Entertainment facility" means a structure, complex, or facility used for entertainment and amusement activities. Entertainment facilities, either indoor or outdoor, do not include any business defined as a sexually oriented business by this title or athletic facilities.

"Entertainment facility, indoor" means a structure, complex, or facility for the presentation of exclusively indoor amusement and entertainment, including indoor motion picture theaters, theaters for indoor live performances, studios for arts education, such as dance or painting, bowling alleys, video arcades, and shooting ranges or arcades.

"Entertainment facility, outdoor" means a structure, complex, or facility used for amusement and entertainment that is fully or partially outdoors, including concert facilities, rodeos, racing facilities, golf courses or golf driving ranges, fairgrounds, and amusement parks.

"Exterior architectural appearance" means the architectural character and general composition of the exterior of a structure, including but not limited to, the kind, color, and texture of the building material(s) and the type, design, and character of all windows, visible roof surfaces, doors, lighting fixtures, sign, and related elements.

"FAA" means the Federal Aviation Administration.

"Fabrication." See "Manufacture of materials."

"Family" means one or more persons occupying a dwelling unit and maintaining a common household but not including boarding or rooming houses, lodges, clubs, hotels or motels. Except as otherwise provided herein, "family" shall also include persons that are not related by blood, marriage, adoption, or legal custody occupying a residential dwelling unit and living as a single household if the occupants are handicapped persons as defined in Title VIII or the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988; or disabled persons as defined by Section 24-34-301, C.R.S.; additional necessary persons employed in the care and supervision of such handicapped or disabled persons.

"Family child care home" means a facility for child care operated with or without compensation or educational purposes in a place of residence of a family or person for the purpose of providing less than twenty-four (24) hour care for children under the age of eighteen (18) years who are not related to the head of such home. "Family child care home" may include infant-toddler child care homes, large child care homes, experienced provider child care homes, and such other types of family child care homes designated under the General Rules for Child Care Facilities, 12 C.C.R. 2509-8, Section 7.701 et seq., as amended. For purposes of this definition, the term "place of residence" means the place or abode where a person actually lives and provides child care.

"Farm stand" means a temporary building or structure, not to exceed a gross floor area of five hundred (500) square feet, from which agricultural products produced on the premises are sold.

"Fence" means an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

"FCC" means the Federal Communication Commission.

"Formula business" means any restaurant, café, bar and lounge, hotel, rooming or boarding house, any retail business, automotive sales and services, and any personal services that has seven or more other establishments in operation, or with local land use or permit entitlements already approved and effective, located anywhere in the United States. Electric vehicle charging stations shall not be considered formula businesses. In addition to the seven establishments either in operation or with local land use or permit entitlements approved for operation, the business maintains two or more of the following features: A standardized array of merchandise, standardized array of services, a standardized facade, a standardized decor and color scheme, uniform apparel, standardized sign, a trademark, or a service mark.

1.

"Standardized array of merchandise" means fifty (50) percent or more of in-stock merchandise from a single distributor bearing uniform markings.

2.

"Standardized array of services" means as a common menu or set of services priced and performed in a consistent manner.

3.

"Trademark" means a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others.

4.

"Service mark" means a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others.

5.

"Facade" means the face or front of a building, including awnings, looking onto a street or an open space.

6.

"Décor" means the style of interior furnishings, which may include but is not limited to, style of furniture, wall coverings or permanent fixtures.

7.

"Color scheme" means a selection of colors used throughout the establishments, such as on the furnishings, permanent fixtures, and wall coverings, or as used on the facade.

8.

"Uniform apparel" means standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks or dresses, hats, and pins (other than name tags), and standardized colors of clothing.

"Frontage, business" means the horizontal, linear dimension of that side of a building occupied by a single business or use which abuts a street, a mall, or other circulation area open to the general public and which has a public entrance to the building; in industrial districts, a building side with an entrance open to employees in a business frontage, where more than one business or use occupies a building, each such use having a public entrance (or, in industrial districts, an employee entrance) for its exclusive use is considered to have its own business frontage, which is the linear frontage of the portion of the building occupied by that business or use and containing the entrance.

"Garage, noncommercial" means a building designed for the shelter, storage or maintenance of motor vehicles owned and operated by the owner of such building where no activity is carried out for profit.

"Grade" means the mean point of elevation of the finished surface of the ground between a structure (whether a building, sign structure, or other) and a point five feet distant from the structure, or the mean point of elevation of the finished surface of the ground between the structure and the property lines if it is less than five feet distant from the structure. In case the structure is within five feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way.

"Greenhouse" means a building with a roof and sides constructed of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants.

"Gross density" means the average number of dwelling units per acre of a development or a proposed development.

"Gross floor area" means the total floor area of a structure as measured along the outside walls at floor level and including all floors but excluding open balconies and porches or enclosed parking areas and related features.

"Group homes" means a residential facility, whether or not licensed by the state, for the purpose of providing twenty-four (24) hour staff care, shelter, supervision, training and/or rehabilitation to eight or more developmentally disabled persons, mentally ill persons, or disabled persons, or a residential facility, whether or not licensed by the state, for any number of children, or for any number of persons sixty (60) years of age or older; provided, that such group home for elderly persons: (a) shall not be located within seven hundred fifty (750) feet of another such home; and (b) shall comply with any state, county, or municipal health, safety, and fire codes who do not need skilled and intermediate care facilities, plus no more than two live-in staff persons employed in the care and supervision of such elderly persons.

A group home or residential group home shall not include fewer than eight persons occupying a residential dwelling unit and living as a single household if the occupants are handicapped persons as defined in Title VIII or the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988; or disabled persons as defined by Section 24-34-501, C.R.S., and such additional necessary persons employed in the care and supervision of such handicapped or disabled persons.

"Guest unit" means any room, group of rooms, or other portion of a dwelling unit, accessory dwelling unit, hotel, motel, lodge, bed-and-breakfast establishment, time share estate, rooming or boarding house, or similar structure, that does not constitute the entire dwelling unit or other type of structure, is used or intended to be used for living and sleeping, has adequate egress, and is available for lease or rent as a single unit.

"Habitation" means occupancy of any dwelling unit, including dependent mobile homes, for more than twenty-four (24) hours in a seven-day period.

"Harboring of chickens" means activities, definitions, and regulations set forth in section 6.04.020 of the Leadville Municipal Code.

1.

"Adjoining property and adjacent specific to harboring of chickens" includes all lots and parcels of land so long as any portion of the lot or parcel is located within twenty (20) feet of the outer boundary or perimeter of the property in question.

"Historic district" means the Leadville National Historic Landmark (NHL) district designated by the National Park Service.

"Home occupation" means any use within a dwelling and carried on by the inhabitants, which use is clearly additional and secondary to the use of the dwelling for residential purposes and which does not change the character thereof, nor generate traffic or parking requirements which significantly or adversely affect the residential character of the neighborhood. A family child care home is not considered a home occupation. A home occupation is an occupation or a profession that:

1.

Is customarily carried on in a dwelling unit;

2.

Is carried on by a member of the family residing in the dwelling unit with not more than one assistant who is not a resident of the premises;

3.

Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; occupying not more than twenty-five (25) percent of the total floor area of the dwelling;

4.

Conforms to the following additional conditions:

a.

The occupation or profession shall be carried on wholly within the principal building.

b.

A sign shall not be lit, not exceed two square feet, and be constructed of wood and nonreflective paint or other such materials as may be allowed by planning officials.

c.

No offensive noise, vibrations, smoke, dust, odors, heat or glare shall be produced.

d.

No additions to or alterations of the exterior of the dwelling unit, including outside entrances for the purpose of the home occupation, shall be permitted.

e.

The conduct of the home occupation and its external effects must not interfere with the peace, quiet, and dignity of the neighborhood and adjoining properties.

"Hospice." See "Nursing home."

"Hospital" means an institution designed for the diagnosis, treatment, and care of human illness or infirmity and providing health services, primarily for inpatients, including as related facilities, laboratories, outpatient departments, training facilities, and staff offices.

"Hostel" means an establishment providing transient, overnight accommodations, typically characterized by low cost, shared use of a self-service kitchen, common areas, guest units (either private or shared) and bathroom facilities.

"Hotel" means a building or portion thereof with guest units used or designated for use by or hired for occupancy by persons on a temporary basis and including at least two hundred seventy-five (275) square feet.

"Improvements" means any utility, roadway, survey monument, building, structural or other changes to the land as may be required by or provided for in this title. "Junkyard" means a building, structure, or parcel of land or any combination thereof used for the collection, storage or sale of waste paper, rags, scrap metal, or discarded or abandoned materials and equipment or parts thereof or for the collecting, disassembly, storage or salvaging or demolition of vehicles, machinery or other materials and including the commercial sale of whole items or parts thereof, but not including architectural feature salvage.

"Kennel" means an establishment in which animals are boarded, groomed, bred, or trained for commercial gain. This does not include stables.

"Loading area" means a parking space other than a public street or alley for parking commercial vehicles for the purpose of loading or unloading materials or merchandise.

"Local street" means a street serving individual lots within a subdivision.

"Long-term rental unit" means any dwelling unit, including an accessory dwelling unit, or guest unit that is available for lease for a term of thirty (30) consecutive days or more.

"Lot" means a portion or parcel of land, including a portion of a platted subdivision, occupied or intended to be occupied by a building or use and its accessories, together with such yards as required under the provisions of this title, that is an integral unit of land held under unified ownership in fee or co-tenancy, or under legal control tantamount to such ownership.

"Lot area" means the total horizontal area within the lot lines of a lot.

"Lot depth" means the average distance from the front to the rear lot lines of a lot.

"Lot width" means the average distance between the side lot lines of a lot.

"Lumberyard" means an area used for the storage, distribution, and sale of finished or rough-cut lumber and lumber products, but not including the manufacture or fabrication of lumber, lumber products, or firewood.

"Majority" means a majority of the members of the planning commission or city council present for a regular or special meeting to conduct business pursuant to this title, unless otherwise specified in state statute or city ordinance.

"Manufactured home" means a single-family dwelling which: (1) is partially or entirely manufactured in a factory; (2) is installed on an engineered, permanent foundation; (3) has brick, wood, or cosmetically equivalent siding and a pitched roof; (4) is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., as amended; and (5) is built for the Colorado climate and snow load according to the Department of Housing and Urban Development Standards established under the provisions of 42 U.S.C. Section 5401, et seq.

"Manufacture of materials" means the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials, such as lubricating oils, plastics, or resins.

"Marijuana hospitality business" means a facility, which may be mobile, licensed pursuant to the Colorado Marijuana Code to permit the consumption of marijuana in accordance with the Colorado Marijuana Code and the city's code.

"Marijuana hospitality and sales business" means a facility, which cannot be mobile, licensed under the Colorado Marijuana Code to permit the consumption of only the retail marijuana or retail marijuana products it has sold pursuant to the provisions of the city's Code.

"Marijuana research and development facility" means a facility licensed pursuant to and used for the purposes set forth in the Colorado Marijuana Code at C.R.S. 44-10-507.

"Mausoleum." See "Cemetery."

"Maximum gross density" means the limit of dwelling units per acre. The maximum gross density shall be calculated as follows: units per acre limit multiplied by size of lot. If the maximum allowed gross density exceeds one unit and includes a fraction of a unit, the maximum allowed gross density shall be rounded down to the nearest whole number. If the maximum gross density is less than one unit, the maximum gross density shall be rounded up to one unit.

Example A: 9 units per acre x 0.15 acres = 1.35 units, rounded down to one unit per acre.

Example B: 19 units per acre x 0.05 acres= 0.95 acres. rounded up to one unit per acre.

"Medical clinic" means a building or group of buildings in which the primary use is the provision of health care services to patients or clients. Examples include but are not limited to medical and dental laboratories, blood banks, oxygen providers, integrative medicine and holistic or homeopathic therapies, and other miscellaneous types of medical services.

"Medical marijuana cultivation facility" means a facility licensed pursuant to and used for the purposes set forth in the Colorado Marijuana Code at C.R.S. § 44-10-502.

"Medical marijuana products manufacturer" means a facility licensed pursuant to and described in the Colorado Marijuana Code at C.R.S. § 44-10-503.

"Medical marijuana store" means a facility, licensed pursuant to C.R.S. § 44-10-501, where medical marijuana is sold to registered patients or primary caregivers as defined in section 14 of article XVIII of the Colorado constitution. This definition does not include primary caregivers.

"Medical marijuana testing facility" means a facility licensed pursuant to and used for the purposes set forth in the Colorado Marijuana Code at C.R.S. § 44-10-504.

"Medical marijuana transporter premises" means the premises permitted under C.R.S. § 44-10-505 to be maintained and operated by a person licensed pursuant to the Colorado Marijuana Code to operate a business as described in C.R.S. § 44-10-505.

"Membership clubs and lodges" means permanent, headquarters-type, and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: Business associations; civic, social, and fraternal organizations; country clubs (golf courses separately defined); labor unions and similar organizations; political organizations; professional membership organizations; other membership organizations.

"Mobile home, dependent" means any vehicular camping unit, travel trailer unit or similar mobile vehicular unit, including buses, equipped with or without a working flush toilet and working bathtub or shower.

"Mobile home, independent" means a structure that: (1) is transportable in one or more sections; (2) is less than twenty-four (24) feet in width or thirty-six (36) feet in length; (3) is built on a permanent chassis; (4) is designed to be used as a place of living for a single-family, with or without a permanent foundation, when connected to the required utilities; and (5) includes the plumbing, heating, air conditioning and electrical systems contained therein. "Manufactured home" is not included within the definition of "mobile home." However, structures commonly called "single-wide mobile homes" (whether certified pursuant to the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., as amended, or not) and any other form of transportable housing which does not meet the definition of a "manufactured home" under this title is included within the definition of "mobile home."

"Mobile home park" means a site or facility containing or proposed to contain two or more spaces for mobile homes.

"Mobile home space" means a plot of ground or a lot within a mobile home park designed to be occupied by one independent mobile home.

"Modular structure" means a structure consisting of prefabricated modules that are primarily built off-site in a factory and are assembled on-site. Modular structures may be any type of residential structure or commercial structure. Modular structures may comprise an entire structure or a portion of a structure. A modular structure is not a manufactured home or a mobile home.

"Motel." See "Hotel."

"Motor vehicle parking lot" means an open space or an enclosed structure, exclusive of drives, turning areas or loading spaces, devoted to the parking of one or more motor vehicles.

"Museum" means an establishment operated as a repository for a collection of nature, scientific, literary curiosities, or objects of interest or works of art, not including the regular sale or distribution of the objects collected. Museums may include incidental retail and food/beverage sales.

"Nonconforming" means any preexisting building, structure or use conflicting with one or more provisions of this title applicable to the zoning district in which the building, structure or use is located.

"Nursery" means any land used to raise trees, shrubs, flowers, and other plants for sale or for transplanting.

"Nursing Home" means any facility which provides meals, lodging, and nursing care for compensation.

"Nudity" or "state of nudity" means:

1.

The appearance of human bare buttocks, anus, male genitals, female genitals, or the areola or nipple of the female human breast; or

2.

A state of dress that fails opaquely and fully to cover the human buttocks, anus, male or female genitals, pubic region, or areola or nipple of the female breast.

"Open space" means the land area within a subdivision, proposed subdivision, or other development designated, reserved, and dedicated to outdoor uses, including but not limited to recreation, flood control, scenic uses, pathways, and related uses but excluding roadways.

"Orchard" means the establishment, care, and harvesting of more than twenty-five (25) fruit-bearing trees for the purpose of selling the fruit to others.

"Outdoor guiding" means a use where professional outdoor guides lead groups on outdoor activities such as hunting, fishing, skiing, camping, photography, or other outdoor recreational activities. This may include accessory retail or rental of equipment for the patrons participating in the outings. Outdoor guiding does not include outdoor recreational equipment rentals.

"Outdoor recreation equipment rental" means any use where motorized recreation equipment such as snowmobiles, off-highway vehicles, or utility vehicles are stored or displayed outdoors for rental purposes. This use may include office space and repair and maintenance of rental equipment.

"Outdoor storage" means the storage of materials, refuse, junk and/or other similar items outside of a building.

"Outdoor storage of snow" means the storage of snow outside a building.

"Outdoor storage screened" means all outdoor storage required to be screened from view from adjacent streets or the first floor of adjacent buildings.

"Outdoor storage, unscreened" means all outdoor storage not required to be screened from view from adjacent streets or the first floor of adjacent buildings.

"Outfitting." See "Outdoor guiding."

"Owner" means any person with fee title to any parcel of land within the city who desires to permit the development of or to construct, install or erect a telecommunications facility upon such owner's property.

"Parapet wall" means that part of a wall or railing which is entirely above the roof.

"Park" means an area or facility to be used for recreation, exercise, sports, education, rehabilitation, or similar activities, or an area intended to enhance the enjoyment of natural features or natural beauty.

"Parking area." See "Motor vehicle parking lot."

"Person" means any individual, partnership, corporation, association, company or other public or corporate body including the federal government and any political subdivision, agency, instrumentality or corporation of the state.

"Personal services" means establishments primarily engaged in providing services involving the care of a person or his/her personal goods, including but not limited to, dry cleaning, cosmetics, beauty and barbershops, funeral services, and domestic services.

"Pet store" means an establishment primarily engaged in the retail sale of household pets.

"Planned unit development" means an area of land, controlled by one or more landowners, to be developed or developed under unified control or a unified plan of development for a number of dwelling units, commercial, educational, recreational or industrial uses, or any combination of the foregoing, the plan for which does not necessarily correspond in lot size, bulk, or type of use, density, lot coverage, open space or other restriction to the provisions contained elsewhere in this chapter.

"Planning commission" means the Leadville Planning and Zoning Commission.

"Planning official" means the city officials(s) appointed or retained by the city to administer or enforce this title and associated regulations and other such codes and regulations as the city may so designate.

"Playground." See "Park."

"Playing field." See "Athletic facility."

"Processing." See "Manufacture of materials."

"Professional and business offices" means professional or government offices including accounting, auditing, and bookkeeping services; advertising agencies; architectural, engineering, planning, and surveying services; attorneys; counseling services; court reporting services; data processing and computer services; detective agencies and similar services; educational, scientific, and research organizations; employment, stenographic, secretarial, and word processing services; government offices including agency and administrative office facilities; management, public relations, and consulting services; photography and commercial art studios; writers and artists offices outside the home. This does not include medical offices or offices that are incidental and accessory to another business or sales activity that is the principal use.

"Public entrance" means an entrance to a building or premises that is customarily used or intended for use by the general public and excludes fire exits, special employee entrances, and loading dock entrances not generally used by the public.

"Public utility facility" means major buildings, structures, and facilities including but not limited to generating and switching stations, electrical substations, water or sewer pumping stations, and telephone exchanges, related to the furnishing (storage and transportation) of utility services, including but not limited to electric, gas, telephone, cable, water, sewer, and public transit, to the public. Major public utility facilities located in rights-of-way or easements are not uses required to be zoned.

"Public and government facility, service, or building" means the use of a property for a public purpose by any department or branch of government. Examples include but are not limited to libraries, post offices, law enforcement, and emergency services.

"Recycle center" means a totally enclosed structure in which used materials are collected prior to shipment to others who will use those materials to manufacture new products.

"Referral agency" means an agency, organization, unit of government, political subdivision, group or organization to whom submittal materials and related text maps and graphic items are submitted for review, comment and/or recommendations to be returned to the Leadville planning commission or the Leadville City Council.

"Rental shop" means an establishment that conducts business with customers under conditions and terms agreed upon in a rental agreement or contract, which may be implied, explicit, or written.

"Restaurant" means an establishment where food and drink are prepared, table service is provided, and consumption takes place primarily within the principal structure, including but not limited to cafés.

"Restaurant with drive up windows" means a restaurant accommodating the patron's automobile from which the occupants may receive a service or in which products purchased from the restaurant may be received.

"Retail marijuana cultivation facility" has the same meaning as "marijuana cultivation facility" as defined in Section 16(2)(h) of Article XVIII of the Colorado Constitution.

"Retail marijuana products manufacturer" has the same meaning as "marijuana product manufacturing facility" as defined in Section 16(2)(j) of Article XVIII of the Colorado Constitution.

"Retail marijuana store" has the same meaning as defined in Section 16(2)(n) of Article XVIII of the Colorado Constitution.

"Retail marijuana testing facility" means "marijuana testing facility" as defined in Section 16(2)(1) of Article XVIII of the Colorado Constitution and that is licensed pursuant to the Colorado Marijuana Code.

"Retail marijuana transporter premises" means the premises permitted under C.R.S. § 44-10-605 to be maintained and operated by a person licensed by the Colorado Marijuana Code to operate a business as described in C.R.S. § 44-10-605.

"Retail sales, general" means a facility or area for the retail sale of general merchandise or food to the general public for direct use and not for wholesale. This use includes but is not limited to sale of general merchandise, clothing and other apparel, flowers and household plants, dry goods, convenience and specialty foods, hardware, alcohol beverages, and similar consumer goods.

"Retirement home." See "Senior living facility."

"Roadway" means that portion of a street right-of-way designated for vehicular traffic.

"Roof line" means the highest portion on any building where an exterior wall encloses usable floor space (including roof areas for housing mechanical equipment) or the highest point on any parapet wall if the parapet wall extends around the entire perimeter of the building.

"Rooming or boarding house" means a building or portion thereof with guest units designed to be used, let or hired for occupancy by persons as long-term rental units or on a permanent basis and containing between one and five such guest units.

"Sawmill" means an operation or facility which has, as its predominant purpose, the sawing or planning of logs or trees into rough slabs.

"Scenic railways" means a railway that, in provides opportunities for the enjoyment of natural and/or man-made scenic resources and access or direct views to areas or scenes of exceptional beauty or historic or cultural interest. The aesthetic values of scenic routes often are protected and enhanced by regulations governing the development of property or the placement of outdoor advertising.

"School" means a facility that provides a curriculum of academic instruction, including kindergartens, elementary schools, middle schools, junior high schools, high schools, or the campus of a college or university.

"Self-storage facility" means a building or group of buildings that are rented and designed, through individual compartments or controlled stalls, for self-service storage purposes.

"Senior living facility" means a multifamily dwelling or complex containing dwelling units designed for and principally occupied by senior citizens. Such facilities commonly include a congregate meals program in a common dining area but exclude institutional care facilities such as nursing homes as elsewhere defined.

"Service station" means an establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, and similar large mechanical equipment, including paint, body and fender, and major engine and engine part overhaul, provided it is conducted within a completely enclosed building.

"Service station, gasoline" means any building, structure, or area of land used for the retail sale of automobile fuels, oils, and accessories, where repair service, if any, is incidental. May include the sale of propane or kerosene as accessory uses.

"Setback" means the distance required by the provisions of this title between the face of a building and the lot line opposite that building face, measured perpendicular to the building. In computing the minimum setback requirement, the following architectural features shall not be considered: Open fire escapes projecting up to a distance of four feet from the face of a building, walls, rails or fences. Setback distances shall be measured from the edge of the eaves of the structure. Where angled buildings or lots exist or streets are curved, setbacks shall be measured from the shortest distance to the lot line.

"Sexually oriented business" means any adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, nude modeling studio, or sexual encounter center:

1.

"Adult arcade" means any commercial establishment to which the public is permitted or invited where, for any form of consideration, one or more still or motion picture projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons per machine at any one time, are used to regularly show films, motion pictures, video cassettes, slides or other photographic, digital, or electronic reproductions depicting specified sexual activities or specified anatomical areas.

2.

"Adult bookstore, adult novelty store," or "adult video" store means a commercial establishment that devotes a significant or substantial portion of its business to any one or more of the following:

a.

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.

The sale or rental of instruments, devices, or paraphernalia which are designed for use or marketed primarily for engaging in specified sexual activities; or

c.

A significant or substantial portion of its business is shown by characteristics including, but not limited to, some or all of the following:

i.

A significant or substantial portion of its stock in trade consists of the items listed in subsections a and/or b above;

ii.

A significant or substantial portion of its revenues is derived from the rental or sale of items listed in subsections a and/or b above;

iii.

A significant or substantial portion of its floor space, shelf space or storage space is devoted to the items listed in subsections a and/or b above; or

iv.

A significant or substantial portion of its advertising is devoted to the items listed in subsections a and/or b above.

3.

"Adult cabaret" means a nightclub, bar, restaurant, concert hall, auditorium, or other commercial establishment which regularly features live performances that are characterized by the exhibition of specified sexual activities or the exposure of specified anatomical areas.

4.

"Adult motel" means a motel, hotel or similar commercial establishment which 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 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, and offers a sleeping room for rent for a period of time less than five hours.

5.

"Adult motion picture theater" means any commercial establishment to which the public is permitted or invited, where for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown for more than one hundred (100) days annually that have an emphasis on depicting or describing specified sexual activities or specified anatomical areas. Any establishment meeting the definition of an adult arcade is not an adult motion picture theater.

6.

"Nude modeling studio" means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons. The provisions of this definition shall not apply to:

a.

A college, junior college, or university supported entirely or partly by taxation;

b.

A private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

c.

A business located in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.

7.

"Sexual encounter center" means a business or commercial enterprise that regularly offers, for any form of consideration, activities between male and female persons and/or persons of the same sex when one or more of the persons are in a state of nudity or semi nudity. This definition does not apply to any actions in compliance with any treatment or examination of another person for a bona fide medical purpose when such treatment or examination is conducted in a manner substantially consistent with reasonable medical practices, or to bona fide private parties not open to the general public.

8.

"Specified anatomical areas" means:

a.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the areola; or

b.

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

9.

"Specified sexual activities" means:

a.

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

b.

Masturbation, actual or simulated;

c.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; and

d.

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

"Short-term rental" or "short-term rental unit" shall have the same meaning as defined in Section 5.12.030.

"Solar energy system" means an energy system, including but not limited to a ground-mounted solar energy system, which converts solar energy to usable thermal, mechanical, chemical, or electrical energy to meet all or a significant part of a structure's energy requirements. Solar energy systems may be comprised of devices such as solar panels, arrays, and related equipment, pipes, batteries, and wiring.

"Special event" means an organized event or a group activity including, but not limited to a performance, live music, broadcast music, commercial entertainment, assembly, contest, exhibit, ceremony, athletic competition, reading, or other similar gatherings where anything of value is exchanged in return for attendance or entry into the event. Special events do not include wedding events.

"Stable" means an establishment designed for feeding, housing, and exercising of horses not owned by the owner of the premises and for which the owner of the premises may receive compensation.

"Street" means a way for vehicular traffic, whether designated as or called a street, highway, road, avenue, parkway or however else named or designated.

"Structural alteration" means any addition to or subtraction of parts of a building or structure.

"Structure" means anything constructed or erected upon the ground except utility poles and like protrusions, flag poles or walls and fences up to six feet in height.

"Subdivision" means a tract of land which is divided into two or more lots, tracts, parcels, sites, separate interests (including leasehold interests), interests in common or other division for the purpose, whether immediate or future, of transfer of ownership or for building or other development or for street use by reference to such subdivision or recorded plat thereof; or a tract of land, including land to be used for condominiums, apartments or any other multiple-dwelling units, or for time-sharing dwelling units.

"Substance abuse treatment facility" means a facility for the purposes of temporary or long-term inpatient treatment of victims of alcohol or drug use or addiction.

"Telecommunication facility" means a facility that transmits and/or receives electromagnetic signals. It includes antennas, cables, wires, conduit, microwave dishes, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development. A telecommunication facility operates at less than one thousand (1,000) watts of effective radiated power. A telecommunication facility does not include:

1.

Residential television antennas;

2.

Wireless cable satellite dish antennas;

3.

Amateur radio antennas; or

4.

Dish antennas less than one meter in diameter or measured diagonally.

"Telecommunication facility, accessory equipment" means equipment, including buildings and cabinets, used to protect and enable the operation of radio switching equipment, backup power, and other devices, but not including antennas, that are necessary for the operation of a telecommunication facility.

"Telecommunication facility, building roof-mounted" means a telecommunication facility that is supported and/or projects above the roof of a legally existing building or transmission structure.

"Telecommunication facility, building wall, or facade-mounted" means a telecommunication facility that is supported and/or mounted on the wall of a legally existing building or transmission structure and does not project above the roof line. Facilities mounted on the side of a penthouse, mechanical screening, or other appurtenance, provided it would not project above the side of the appurtenance, and facilities mounted on towers for high voltage electrical transmission shall also be considered wall-mounted telecommunication facilities.

"Telecommunication facility, freestanding" means a telecommunication facility that consists of a stand-alone support structure or tower, antennas, and accessory equipment.

"Temporary use" means a use established for a limited duration of time with the intent to discontinue such use upon the expiration of the time period. Such use may or may not be permitted under the regulations for a given zoning district but may be allowed on a nonpermanent and temporary basis following the procedures in Chapter 17.64, Temporary Buildings and Uses.

"Time share estate" means any interest in real property, including condominiums, owned or leased by five or more persons or other devices including ownership in a corporation, cooperative, partnership, or joint venture whereby the owners or lessees have formally or informally agreed that such owners or lessees shall have the preferred or exclusive use during specified periods of time. Any conveyance of a fractional fee estate or undivided interest by separate deed is within this definition and is hereby regulated within this title. A time share estate shall be deemed to be created upon the marketing, promotion, selling, or offering for sale a specified period or periods of time of occupancy in one or more residential units.

"Tower" means any structure that is designed and considered primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

"Tower, lattice" means a tower or structure designed and constructed primarily to support antenna or antennae and comprised of interconnected poles, pipes, bars, beams, strips, wires, or cross-members. A lattice tower shall include any type or form of a tower that incorporates guy or supporting wires. A lattice tower is not a monopole tower.

"Tower, monopole" means a structure designed and constructed to support antennae or antennae for the purpose of providing telecommunications services and which consists solely of a stand-alone, ground-mounted support pole, pipe, or other solid structure. A monopole tower shall not include any tower supported or attached to the guy or support wires. A monopole tower is not a lattice tower.

"Tract" means a parcel of land or a contiguous combination thereof.

"Transmission line" means any electric transmission line and its related facilities which emanate from a power plant or from a substation and terminate at a substation and which are designed for or are capable of the transmission of electricity at sixty-nine (69) kilovolts (KV) or more.

"Travel trailer park" means a site or facility containing or proposed to contain two or more travel trailer unit spaces.

"Travel trailer space" means a plot of ground or a lot within a travel trailer park or portion of a mobile home park designed to be occupied by one travel trailer unit or one camping unit.

"Travel trailer unit" means any pickup camper, a pickup with shell, motorhome, travel trailer, tent trailer, or similar mobile unit with sleeping quarters and not exceeding eight feet in body width at its widest point or forty (40) feet in body length and designed and used principally for recreational purposes or for the support of recreational or commercial uses.

"Use" means the purpose or function for which any land, structure or building is designed, constructed, maintained, or occupied.

"Use, accessory." See "Accessory use, building, or structure."

"Use by right" means permitted uses designated as use by right are subject to all other applicable regulations of this code and state and federal law.

"Use, principal" means the main use to which the premises is devoted and the principal purpose for which the premises exists.

"Use variance" means a deviation from Chapter 17.48 listing of prohibited uses by zoning district whereby an otherwise prohibited use in a given zoning district may be treated as a conditional use, and processed accordingly, for purposes of historic conservation. See also "variance" and section 17.44.080 and Chapters 17.48 and 17.52.

"Vacation lodge." See "Hotel."

"Vacation rental." See "Short-term rental."

"Variance" means any deviation, except a use variance, from the requirements of this title as allowed for by the board of adjustment. See also "Use variance."

"Veterinary hospital" means an establishment that provides medical treatment and care to animals and which may include temporary or overnight boarding of animals that are recuperating from treatment. Common accessory uses may include but are not limited to kennels, parking, and storage.

"Wholesale" means the sale of goods and merchandise for resale instead of for direct consumption.

"Winery" means an establishment where vinous liquors, as that term is defined in the Colorado Liquor Code, are manufactured. Accessory uses may include but are not limited to bars, restaurants, tasting rooms, or storage.

"Yard" means the space on the same lot as a building or structure that is usually unoccupied and open to the sky except for landscaping improvements.

(Ord. No. 2023-2, § 3, 7-5-23; Ord. No. 2024-3, § 1, 9-3-24)