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Mount Crested Butte
City Zoning Code

ARTICLE I

In General

21-1 Definitions.

When used in this chapter the following words and phrases shall have the specific meaning as defined in this section:
"Accessory building or structure"
shall mean a detached building or other structure that is supportive, secondary, and subordinate, in use and size to the principal building or structure on the same parcel or lot.
"Accessory dwelling unit (ADU)."
A dwelling unit attached to a principal residence or a private garage, situated on the same lot or parcel and which meets the occupancy, dimensional and other requirements set forth in this chapter.
"Accessory use"
shall mean a use that is supportive, secondary and subordinate to the principal use of a lot, parcel, building or structure.
"Accommodations"
shall mean any hotel, motel, lodge, townhome or condominium project with an onpremises front desk and centrally-managed room cleaning service, that offers rooms or groups of rooms designed for or adapted to occupancy by guests, available for short-term rental of less than 30 days, and accessible from common areas without having to pass through another accommodation unit or residential unit.
"Accommodations room or unit"
shall mean a room or the smallest combination of a group of rooms with or without full kitchen facilities, not intended or designed for permanent occupancy, that can be rented on a short-term basis as an accommodation and that contains at least one sleeping area. Lock-off rooms are to be considered a separate accommodations room.
"Adjacent neighbors"
shall include neighbors located across a street or cul-de-sac, as well as those immediately next to the subject property.
"Affordable"
shall mean when the amount spent by a household on rent (not utilities charged separately) or mortgage payments (principal, interest, and taxes) does not exceed 30% of the household's gross combined income.
"Alterations,"
as applied to a building or structure, shall mean a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
"AMI"
shall mean the area median income for Gunnison County as published by the Department of Housing and Urban Development and updated annually.
"Apartment"
shall mean a building or portion thereof with cooking and sanitary facilities for each dwelling unit, designed or occupied by three or more individuals or groups of individuals living independently of each other.
"Artificial turf"
may refer to synthetic grass-like materials used for athletic fields, residential artificial grass, and pet turf. Artificial turf is made of synthetic fibers to resemble a natural manicured lawn or athletic field. An artificial turf system typically includes a sub-base (sand, gravel, decomposed granite) and infill material to help keep fibers upright and natural looking, Infill materials may be synthetic or a natural material, such as ground up walnut shells.
"Attic space"
shall mean an area covering an entire story completely under a roof, that has less than seven feet of headroom. If the area is in question, the determination shall be made at the zoning administrator's discretion.
"Avalanche Zone, B - BLUE ZONES (Moderate hazard avalanche zone)."
The B (blue) zones are downslope extensions of the "R1" zones as defined in this section. They represent the maximum run-out distances of avalanches during design-mitigation or "100-year" avalanche conditions. The B zones experience avalanches at intervals of 10 to 100 years, on the average and will produce pressures of less than 600 pounds per square foot on flat surfaces normal to the avalanche flow.
"Avalanche Zone, R1 - RED ZONES (High hazard avalanche zone)."
The R1 (red) zones are areas in which avalanches either: (a) have average return periods of 10 years or less (annual probabilities of 10% or more); (b) will produce impact pressures of 600 pounds per square foot or more on flat, rigid surfaces normal to the avalanche flow; or (c) both "a" and "b" above.
"Avalanche Zone, R2 - RED ZONES (High hazard snow slide zone)."
The R2 (red) zones are areas in which small avalanches or "snow slides" can occur. Although these small slides will probably not produce damaging impact pressures on structures they can bury, injure, or kill any persons caught.
"Bed and breakfast lodging establishment"
shall mean a business, providing a bed, use of bath facilities, and one or more meals to guests, for compensation, with a live-in manager, which business is ancillary to the primary use of the premises for residential purposes.
"Building or structure"
shall mean anything constructed or erected with a fixed location on the ground and/or having a roof supported by columns or walls, but not including poles, lines, cables or other transmission or distribution facilities of public utilities.
"Building face"
shall mean the front façade of a building or structure.
"Building official"
shall mean the person who is charged with the administration and enforcement of building codes adopted by the town.
"Campus"
shall mean a land use which allows a mix of nonresidential uses (e.g., visitor center, laboratory, education, flex space), small-scale commercial uses (e.g., dining, gift shop) and residential uses within a comprehensive development area.
"Carport"
shall mean a roofed non-enclosed structure used for shelter of a motor vehicle or trailer.
"Certified weed free"
means crops inspected and certified as free of noxious weeds by the commissioner pursuant to the Forage Crop Certification Act (C.R.S. 35-27.5) to be free from propagative plant parts and free from weed seed from plants set forth on the Colorado Department of Agriculture's Noxious Management Program and North America Weed Management Association's (NAWMA) list.
"Civic building"
shall mean a building whose use is designed to serve the public at large. Building uses include, but are not limited to, community centers, courthouses, government offices, art centers, hospitals, libraries, post offices, museums, religious buildings, and schools.
"Commercial vehicle"
shall mean a self-propelled or towed vehicle used to transport cargo or passengers for profit, hire or to otherwise to further the purposes of a business or commercial enterprise.
"Common open space"
shall mean an area within a development designed and intended for the use or enjoyment of the residents of the development or of the public in general.
"Community housing"
shall mean units, restricted for occupancy by eligible person or persons, which meet size and for-sale price requirements and that are deed restricted in accordance with a covenant approved by the town council of the Town of Mt. Crested Butte.
"Conceptual architectural plans or drawings"
shall mean the very first phase of a design where drawings are the primary focus, which are comprised of simple plans and sections. These simple drawings should be able to lend themselves easily to more specific sets of plans.
"Condominium"
shall mean a common interest community in which portions of the real estate are designated for separate ownership and the remainder is designated for common ownership solely by the owners of the separate ownership portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Condominium ownership may exist on land owned in fee simple or held under a leasehold estate. Condominium units may be designated for either residential or commercial and retail purposes.
"Convention facility"
shall mean a building or portion thereof designed to accommodate 300 or more persons in assembly. A dining room or meeting room in a lodge that accommodates less than 300 persons is not considered a convention facility.
"Crawl space"
shall mean an area under the first floor, or under a floor of the building, that has less than seven feet of headroom. If the crawl space is in question, the determination shall be made at the zoning administrator's discretion.
"Cut-off angle of a luminaire"
shall mean the angle, measured up from the nadir, between the vertical axis and the first line of sight at which the bare source (the bulb or lamp) is not visible.
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"Defensible space"
refers to a natural and/or landscaped area around a structure that has been maintained and designed for reduced fire danger.
"Development"
shall mean the use or alteration of land or land uses and improvements inclusive of, but not limited to: (a) the creation, division, alteration or elimination of lots; or (b) mining, drilling (excepting to obtain soil samples or to conduct tests) or the construction, erection, alteration or demolition of buildings or structures; or (c) the grading, excavation, clearing of land or the deposit of fill in preparation or anticipation of future development, but excluding landscaping.
"Dormitory"
shall mean a dormitory-style unit with a shared kitchen, bath and living room with a minimum of two private bedrooms and a maximum of four private bedrooms containing a minimum of 220 square feet of living space per bedroom intended primarily for occupancy by seasonal employees.
"Dwelling, efficiency unit"
shall mean one room consisting of living, sleeping and kitchen facilities without intervening walls with doors and bath facilities in a separate room from the primary room. Efficiency dwelling units shall have a minimum of 320 square feet of gross residential floor area and a maximum of 800 square feet of gross residential floor area. The parking requirements in section 21-895 shall apply to efficiency units.
"Dwelling, multiple-family"
shall mean a unit within a development consisting of three or more residential units in one or more buildings with a predominately attached design, including apartments, condominiums and townhomes.
"Dwelling, single-family"
shall mean a detached building designed exclusively for occupancy by one family in one residential unit.
"Dwelling, two-family"
shall mean a unit within a single building containing two units and under a single roof.
"Dwelling unit"
shall mean a separately enterable room or combination of rooms which contain a kitchen and bathroom and which are designed for or used as an individual residence.
"Employee"
shall mean a person employed within Gunnison County who claims the Town of Mt. Crested Butte, Colorado, as his/her domicile. Regulations shall be promulgated by the Mt. Crested Butte town manager who shall specify the requirements for verifying employment.
"Employee living space"
shall mean 320 square feet of gross residential floor area which has its use restricted to long-term rental use by an employee, defined in this section, and other parties related to the employee by blood or marriage. A sublease of any employee living space shall be subject to this same restriction. Any dwelling unit built to fulfill the requirement to provide employee living space(s) shall contain a minimum of 320 square feet of living and bathroom space. Any dwelling unit containing only 320 square feet shall be occupied by no more than two persons. For each additional 160 square feet within a dwelling unit built to fulfill the requirement to provide employee living space(s), an additional occupant is allowed.
"Enclosed parking"
shall mean a parking space within a structure which completely covers the top of the space and with the sides of the structure enclosed or partially enclosed so as to prevent accumulation of snow.
"Envelope, building"
shall mean a designated area on a lot or parcel in which all structures and development shall be constructed or occur, unless specifically excepted or exempted, including, but not limited to, excavation, landscaping, building, grading, demolition or filling.
"Fence"
shall mean a constructed barrier, wall or other structure forming a boundary or enclosing an area.
"Fire-resistant plants"
refers to plants that do not easily ignite or spread flame due to high moisture content, minimal or no woody stems/branches, and/or low sap/resin content. The plant list in Appendix A Plant List and Artificial Turf Requirements includes specific fire-resistant identified plants.
"First floor level"
shall mean the lowest level of that portion of a building included between the upper surface of the first floor and the sub-flooring of the upper surface of the floor next above; provided, such floor level is not more than eight feet below grade for 50% of the perimeter of the building.
"Floor area"
shall mean the total floor area, measured to the outside surface of the building's enclosing exterior walls of any areas intended for use by the general public, including, but not limited to, closets, service areas, hallways, interior walls, interior and exterior corridors and stairwells, mechanical areas, but excluding crawl spaces, attic spaces, lofts, uncovered exterior courts, exterior balconies.
"Floor area, commercial and retail (CRFA)"
shall mean the total floor area of a structure or portions thereof not classified as gross residential floor area: within the enclosing walls measured to the outside surface of the building's enclosing exterior walls but excluding parking structures, hallways, corridors, and stairwells serving more than one commercial areas, crawl spaces, attic spaces, lofts, service areas, mechanical areas, and exterior balconies.
"Floor area, gross residential (GRFA)"
shall mean the total floor area within the enclosing walls measured to the outside surface of the building's enclosing exterior walls of a dwelling unit or accommodation unit, and any other areas intended for use by the general public, including, but not limited to, closets, service areas, storage facilities, mechanical areas, and interior walls within the units, but excluding hallways, corridors, stairwells serving more than one dwelling or accommodation unit, crawl spaces, attic spaces, lofts, parking structures, exterior balconies, and the first 600 square feet of garage area per unit.
"Foot-candle"
shall mean a unit of luminance amounting to one lumen per square foot.
"Frontage"
shall mean the length of the longest front lot line of the lot.
"Full cut-off type fixture"
shall mean a luminaire that, by design of the housing, has a cut-off angle of not more than 90 degrees. Full cut-off fixtures must be installed in a manner which maintains a cut-off angle of not more than 90 degrees.
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"Garage, private"
shall mean an accessory building, or an accessory portion of a main building, designed for the shelter or storage of motor vehicles.
"Garage, public"
shall mean the same as parking structure.
"Garage, repair"
shall mean a garage, other than a private garage, used for the housing or care of motor vehicles, where such vehicles may be equipped for operation, repaired or kept for remuneration, hire or sale.
"Glare"
shall mean the sensation produced by illumination to which the eyes are not adapted, causing annoyance, discomfort, or loss in visual performance.
"Grade or average grade"
shall mean the average of the topographic elevations of the existing (preconstruction) site, as indicated on the Official Topographic Map, and measured at the midpoint of each of the four principal elevations. When the topographic elevation at the midpoint of a building elevation is questionable, the planning commission shall determine the topographic elevation.
"GRFA."
See Floor area, gross residential.
"Habitable"
shall mean any area designed for sleeping, living, cooking, dining, meeting or recreation as applied to floor area.
"Heavy construction equipment"
shall mean any fuel-run driver-operated machinery and their attachments used to perform tasks like earth-moving, heavy lifting, demolition, digging, and light equipment or material transport. Such devices will include, but not be limited to, excavators, loaders, bulldozers, forklifts, backhoes, snowplows, tractor trailers, and mobile administrative construction trailers.
"Height"
shall mean the vertical distance between the average grade or average finished grade of a structure, whichever is lower, and the highest point of the structure, or to the coping of a flat roof, to the deck line of a mansard roof, or to the highest ridge of a sloping roof.
"Holiday lights"
shall mean decorative lighting associated with holidays falling between November 1st and February 1st, utilizing multiple low-intensity light sources.
"Home occupation"
shall mean a use conducted entirely within a dwelling which is incidental and secondary to the use of the dwelling for dwelling purposes and which does not change the residential character thereof, and that any noise or activity related to such incidental and secondary use of the dwelling does not interfere with the quiet and dignity of the neighborhood and no more than one additional employee not related to the occupant is employed for such use.
"Hotel"
shall have the same definition as accommodations.
"Hydrozone"
refers to a group of plants selected and planted together based on their similar water requirements.
"Kitchen facilities"
shall mean fixtures and equipment for food storage and preparation of meals, including a sink, cooking appliances and refrigeration and food storage facilities.
"Landscaping"
shall mean planted areas and plant materials, including trees, shrubs, lawns, flower beds and ground cover, together with decorative elements such as water features, walks, on grade decks, patios, terraces, and like features. Xeriscape is a form of landscaping. For the purposes of this chapter, natural or significant rock outcroppings, trees or native vegetation shall be deemed landscaping.
"Level, ground"
shall mean the lowest grade level of a building or structure.
"Light trespass"
shall mean light from an artificial source that is emitted from a parcel of property of origin onto an adjacent parcel of property.
"Loading area"
shall mean a parking space other than the public street or alley for the parking of commercial vehicles for the purpose of loading or unloading persons, material or merchandise.
"Lodge"
shall mean the same as accommodations.
"Loft"
shall mean an area entirely or partially under the roof assembly that has less than seven feet of headroom, and less than 70 square feet of floor area, and less than seven feet horizontally in any direction. If the area is in question, the determination shall be made at the zoning administrator's discretion.
"Lot or site"
shall mean a parcel of land occupied, or intended to be occupied, by a use, building or structure under the provisions of this chapter and meeting the minimum requirements of this chapter. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds.
"Lot or site line, front"
shall mean the boundary line of a lot or site adjoining a street which provides the primary access or street address of the site, or adjoining the primary access from a street to the lot or site.
"Lot or site line, rear"
shall mean the boundary line of a lot or site extending between the side lot or site lines and forming the boundary of the lot or site opposite the front line. If a lot or site has only three lot or site lines, a line 20 feet in length within the lot or site extending between the side lines and parallel to the front line shall be deemed the rear lot or site line for purposes of establishing setbacks.
"Lot or site line, side"
shall mean the boundary line of a lot or site extending from the front line towards the opposite or rearmost portion of the site.
"Low impact design (LID)"
shall mean practices that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat. LID practices aim to preserve, restore and create green space using soils, vegetation, and rainwater harvest techniques. LID works with nature to manage stormwater as close to its source as possible. LID employs principles such as preserving and recreating natural landscape features, minimizing effective imperviousness to create functional and appealing site drainage that treat stormwater as a resource rather than a waste product. Practices that adhere to these principles include rain gardens, vegetated rooftops, rain barrels and permeable pavements. By implementing LID principles and practices, water can be managed in a way that reduces the impact of built areas and promotes the natural movement of water within an ecosystem or watershed.
"Lumen"
shall mean a measurement of light or the total visible energy emitted by a light source measured 12 inches from the source.
"Luminaire"
shall mean the complete lighting unit, including lamp, fixture, and all other parts.
"Mall or atrium"
shall mean a roofed or covered common pedestrian area within a building providing access for a majority of the ground floor tenants in an open and spacious manner, which shall contain, as a minimum, seating, planted areas and natural light.
"Manicured high density grass"
refers to mown and irrigated sod or seeded lawn areas.
"Manufactured home"
shall mean a single-family or multifamily dwelling unit which is partially or entirely manufactured in a factory or at some location other than the site of final construction and installation. A manufactured home is installed on an engineered, permanent foundation. For purposes of this chapter, a modular and prefabricated home shall be considered a manufactured home.
"Marijuana or marihuana"
means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marihuana concentrate. "Marijuana" or "marihuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
"Marijuana accessories"
means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.
"Marijuana cultivation facility"
means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.
"Marijuana establishment"
means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store.
"Marijuana product manufacturing facility"
means an entity licensed to purchase marijuana, manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.
"Marijuana products"
means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
"Marijuana testing facility"
means an entity licensed to analyze and certify the safety and potency of marijuana.
"Medical marijuana"
shall mean marijuana that is grown and sold for a purpose authorized by section 14 of Article XVIII of the Colorado Constitution.
"Medical marijuana center"
shall mean a business that is operated by a licensed person, as described in the Colorado Medical Marijuana Code, that sells medical marijuana to registered patients or primary caregivers, as defined in section 14 of Article XVIII of the Colorado Constitution, but is not a primary caregiver, and which a municipality is authorized to prohibit as a matter of law.
"Micro-unit"
shall mean detached small group of three or more units designed to include areas for living, sleeping, kitchen facility, bathroom, and storage. A portion of these required living elements may be accessed via communal amenities. A micro-unit is installed on an engineered, permanent foundation.
"Mobile home"
shall mean a detached, transportable, one-family dwelling unit intended for year round occupancy and containing sleeping accommodations, flush toilet, a tub or shower bath, kitchen facilities with plumbing and electrical connections intended for attachment to outside systems. A mobile home shall be made to be readily moveable as a unit on its own running gear and designed to be used as a dwelling unit with or without permanent foundation, but to be installed in either a permanent or semi-permanent manner. A mobile home is not licensed as a recreational vehicle or park model. The phrase "without a permanent foundation" indicates that the support system/chassis is constructed with the intent that the mobile home placed thereon may be moved from time to time at the convenience of the owner.
"Modification"
shall mean a relaxation of the terms of these regulations where the intent of these regulations may be fulfilled by using an alternative design, or where strict application of these regulations may jeopardize the health, safety, or welfare of the citizens. A modification may be granted by the planning commission, but its decision can be appealed to the town council by the applicant for the modification per sections 21-24 and 21-308.
"Motel"
shall have the same definition as accommodations.
"Mountain meadow"
shall refer to subalpine regions of existing and naturally established vegetation areas that include native grasses, wildflowers, and groundcovers. These areas are generally devoid of trees and shrubs. Undisturbed mountain meadows help to absorb snowmelt and prevent erosion, provide valuable habitat for pollinators and are part of the established aesthetic of Mt. Crested Butte.
"Mulch material"
may be of organic material including, but not limited to, wood, bark nuggets, nut shells, grass clippings, straw, compost and chopped leaves; or inorganic material including gravel, stone, pea gravel, pebbles. Inorganic mulch may also be used where appropriate, particularly to meet fire resistant landscaping recommendations.
"Nadir"
shall mean the base of a vertical axis at a given point.
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"Nonconforming building"
shall mean a building or structure or part thereof conflicting with the provisions of this chapter applicable to the zoning district in which it is situated.
"Nonconforming use"
shall mean a use which does not conform to all of the regulations and requirements of the zoning district in which it is situated.
"Obtrusive"
shall mean, when referring to light, spill light which, because of quantitative, directional, or spectral context, gives rise to annoyance, discomfort, distraction, or a reduction in the ability to see essential information.
"Office, business and/or professional"
shall mean an office for the conduct of general business and professional service activities, such as offices of real estate or insurance agents, architects, engineers, musicians, teachers, accountants, brokers, bankers, secretarial services, or offices for general business activities and transactions, where storage, sale or display of merchandise on the premises occupies less than 10% of the floor area.
"Office, medical"
shall mean the office for the conduct of medical, mental health, or dental practices.
"Official Topographic Map"
shall mean that map established through topographic information provided by the community development department that is adopted by the town council as the Official Topographic Map. The Official Topographic Map may be amended from time to time, as new and more accurate information is available.
"Open space"
shall mean designated space or area of land suitable for public or private use, including, but not limited to, lawns, courts, gardens, rooftop gardens, parks, walkways, streets, parking areas, loading areas and outdoor living or recreational space.
"Open Space District"
shall mean the Recreation and Open Space District (ROS) as set in this chapter.
"Open space, ground level"
shall mean useable open space provided at grade or on decks or similar structures not more than 10 feet above ground level and accessible from ground level by way of stairs, ramp or lift.
"Open space, useable"
shall mean the open space of any lot, excluding streets, parking areas, loading areas, service areas and driveways.
"Parking lot"
shall mean a facility designed to accommodate the orderly circulation and parking of automobiles. Parking lots are located on grade and are not structurally supported by footers, foundations, columns or other conventional support members.
"Parking space"
shall mean an area exclusive of driveways, turning areas, or loading space, devoted to the parking of one motor vehicle.
"Parking structure"
shall mean a facility, designed to facilitate the orderly circulation and parking of automobiles. Parking structures are either integrated into the structure of a building or are self-supporting with footers, foundations, columns, or other conventional support members. If the parking structure is in question, the determination shall be made at the zoning administrator's discretion.
"Pedestrian way"
shall mean a sidewalk or accessway intended to be used primarily by pedestrians.
"Permeable hardscape"
is a paving surface/material that is either made of a porous material that allows water to flow through the paving material or non-porous pavers or stones spaced so that water can flow through the joints between paving elements and infiltrate into the substrate. The substrate needs to allow for water storage and/or infiltration. This may include open graded aggregate, native soil or other material that provides needed structural support and volume to accommodate sub-surface drainage.
"Person"
shall mean an association, firm, partnership, corporation or individual.
"Personal service establishments"
shall mean an office or business where services of a personal nature are performed by such persons as beauticians, masseuses, and yoga instructors.
"Planned unit development (PUD)"
shall mean the development of an area of land as a single entity for a number of dwelling units or a number of uses, according to a plan which does not necessarily correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations otherwise required by the underlying zoning.
"Planning commission"
shall mean the planning commission of the Town of Mt. Crested Butte.
"Plat"
shall mean a map and supporting materials of described land prepared in accordance with subdivision regulations as an instrument for recording of real estate interests with the county clerk and recorder.
"Pre-approved palette of paint/stain colors"
shall mean a selection of colors that have been approved by the planning commission as natural colors (earth tones).
"Professional services"
shall mean lawyers, architects, engineers, musicians, teachers, accountants, and others who through training are qualified to perform services of a professional nature. Professional services are allowed as a home occupation, but medical and dental practices are not permitted.
"Public building"
shall mean any building open to the general use, participation or enjoyment of the public and owned in part by the federal, state, county or town government or any subdivision thereof.
"Public utility"
shall mean an electric substation, a gas regulator station, a telephone exchange, water or sewage pumping station or similar type facility.
"Rain garden"
shall mean a garden that collects rainwater and filters it before slowly releasing the water into the ground. A rain garden collects rainwater from impervious surfaces like roofs, pavements, driveways, patios, parking lots, or waterlogged yards, allowing the water to slowly seep back into the ground, preventing runoff from reaching local waterways. Rain gardens can also help filter out pollutants in runoff and provide food and shelter for butterflies, birds, and other wildlife.
"Recreational amenities"
shall mean playgrounds, trampolines, grills, ski rails, soccer nets, tents, play houses, fire rings, temporary pools, and other forms of recreation equipment constructed for use of recreating.
"Recreational vehicles"
shall mean motor homes, travel campers, campers, camp trailers, utility trailers, horse trailers, boats and other recreational forms of transportation equipped or constructed for use with wheels or mounted on a motorized vehicle, or which is a converted bus, truck, car or other motor vehicle.
"Rental, long-term"
shall mean occupancy of a building or portion thereof for a period of at least 30 consecutive days in return for payment in a fixed amount.
"Rental, short-term"
shall mean occupancy of a furnished room or group of rooms for a period of less than 30 days in return for payment. Short-term rentals are subject to the town's sales tax ordinances, Chapter 19, Article II of this Code. Short-term rentals are also subject to the town's short-term rental license ordinances, Chapter 11, Article II of this Code.
"Retail marijuana store"
means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers.
"Seasonal employee"
shall mean a person temporarily employed within Gunnison County who may, but is not required to claim Mt. Crested Butte as his/her domicile. Regulations shall be promulgated by the Mt. Crested Butte town manager who shall specify the requirements for verifying seasonal employment.
"Seasonal employee living space"
shall mean 320 square feet of gross residential floor area with use restricted to a rental for a term of not less than one month. In addition, there shall be at least one rental for a term of not less than four months during each calendar year. Rental use shall be by seasonal employees as defined in this section, and other parties related to the seasonal employee by blood or marriage. A sublease of any seasonal employee living space shall be subject to this same restriction. Any dwelling unit built to fulfill the requirement to provide seasonal employee living space(s) shall contain a minimum of 320 square feet of living and bathroom space. Any dwelling unit containing only 320 square feet shall be occupied by no more than two persons. For each additional 160 square feet within a dwelling unit built to fulfill the requirement to provide seasonal employee living space(s), an additional occupant is allowed.
"Security lighting"
shall mean types of lighting characterized by flood lights or other light fixtures with high-intensity light sources, such as mercury vapor lights.
"Service areas"
shall mean enclosed office and storage facilities designed to be used for on-and off-site service orientated enterprises.
"Service yard"
shall mean any yard in which fuel, materials or other supplies are stored.
"Setback"
shall mean the distance from a lot or site line measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures or buildings on the site.
"Setback line"
shall mean a line or location within a lot or site which establishes the permitted location of uses, structures or buildings on the site.
"Setback line, front"
shall mean the setback line extending the full width of the site parallel to and measured from the front lot or site line.
"Setback line, rear"
shall mean the setback line extending the full width of the site parallel to and measured from the rear lot or site line.
"Setback line, side"
shall mean the setback line extending from the front setback line to the rear setback line parallel to and measured from the side lot or site line.
"Sign"
shall mean any device or structure, including any letters, figures or pictorial matter displayed for advertising purposes, whether placed on any natural object or upon any structure or building, or upon any surface, or freestanding, which would be visible from any public street or public right-of-way.
"Site coverage"
shall mean the portion of a site covered by buildings, excluding roof or balcony overhangs, measured at the exterior walls or supporting members of the building at ground level.
"Site specific development plan"
shall mean a development plan describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. The plan shall include approximate boundaries of the site; significant topographical and other natural features affecting development of the site; the approximate location on the site of the proposed buildings, structures, and other improvements; the approximate dimensions, including height, of the proposed buildings and other structures; and the approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways.
"Site specific review"
shall mean the review by the planning commission upon each subsequent phase or phases of a PUD, after its acceptance and passage, to determine substantial compliance of the required information and documents for such phase or phases with the approved final development plan. Site specific review is not the same as final development plan approval.
"Skier domain"
shall mean any land within common open space set aside and reserved for use in ski area operations. Such use shall include ski lifts, ski runs, ski trains, vehicular access roads, snow making and related activities. The same may also be utilized for other recreational activities which do not interfere with the primary skiing use and which are approved by the ski area owner and by the town.
"Storage facility"
shall mean an enclosed structure attached to or detached from the dwelling, intended primarily for the storage of tools, power tools, firewood, recreational vehicles, recreational equipment, and other incidentals accessory to residential uses. Storage facilities shall be compatible in style with the main dwelling, or structure on the same lot. If the storage facility is in question, the determination shall be made at the zoning administrator's discretion.
"Street"
shall mean a public thoroughfare for vehicular traffic.
"Structure"
shall mean the same as building.
"Structural alteration"
shall mean the same as alterations, as applied to buildings or structures.
"Structure and/or use, temporary"
shall mean a structure and/or use that is erected or used for no more than 180 consecutive days.
"Studio"
shall mean a building or portion of a building used as a place of work by an artist, photographer or an artisan in the field of light handicrafts, provided that no use shall be permitted or no process or equipment employed which is objectionable or injurious to persons or property in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse or wastes, noise, vibration, illumination, glare, unsightliness, or hazard of fire or explosion.
"Substantially"
shall mean being largely, but not wholly, that which is specified.
"Television satellite receiving antenna"
shall mean a dish-shaped or parabolic-shaped reception or transmission device used for the reception and/or transmission of satellite signals, including, but not limited to, television signals, AM radio signals, FM radio signals, telemetry signals or any other reception or transmission signals using free air space as a medium, whether for commercial or private use.
"Topographic elevations"
shall mean the existing elevations of a site, measured above sea level, prior to any site disturbance, indicated as contour lines on the Official Topographic Map. A site will typically be composed of several topographic elevations as measured in contour lines, or grades on a map.
"Townhouse"
shall mean a residential unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides.
"Unit"
shall mean a structure or portion of a structure, other than a mobile home, that is designed, occupied or intended to be occupied as living quarters and includes facilities for cooking, sleeping and sanitation; but not including hotels, motels, clubs, boarding houses, or any institution where human beings are housed by reason of illness or under legal restraints.
"Up-lighting"
shall mean any light fixture or luminaire that has a cut-off angle of greater than 90 degrees.
"Use"
shall mean the purpose for which a site or structure or portion thereof is arranged, designed, intended, erected, moved, altered or enlarged or for which either a site or structure or portion thereof is or may be occupied or maintained.
"Variance"
shall mean a relaxation of the terms of the zoning chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property or lot, and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. As used in this chapter a variance may not be allowed for an establishment or expansion of any use otherwise prohibited, nor shall a variance be granted because of the presence of nonconformities in the zoning district.
"Variance"
shall mean a relaxation of the terms of the zoning chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property or lot, and not the result of the actions of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship. As used in this chapter a variance may not be allowed for an establishment or expansion of any use otherwise prohibited, nor shall a variance be granted because of the presence of nonconformities in the zoning district.
"Vested property right"
means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan, within three years of approval of such plan, unless there is an agreement between the town and the developer for a shorter or longer duration.
"Wall washer light"
shall mean a fixture or luminaire which accentuates a vertical wall surface by casting light upon that surface; a wall washer serves no functional purpose other than casting light upon a wall surface.
"Water body"
means natural or impounded surface water, including, but not limited to, a stream, river, spring, lake, reservoir, pond, and wetland.
"Wayfinding sign"
shall mean a town-erected and -maintained sign that is directional, trail, transportation, informational, or similar and is consistent with the town's adopted wayfinding plan.
"Wireless telecommunications"
shall mean wireless telecommunication services facilities and/or equipment including cellular telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS), commercial mobile radio service (CMRS) and other wireless commercial telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms.
"Xeriscape"
means landscaping that includes, but is not limited to, the following: Use of low-water demanding plants; Grouping plants with similar water and cultural requirements (such as sun and climate) together on the same irrigation zones; Limiting the use of high-irrigation manicured high density grasses and plantings; Use of temporary mulches.
"Zoning administrator"
shall mean the town manager or designee whose duty it is to enforce the zoning regulations of this chapter.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 13-01, § 3, 2-5-13; Ord. No. 14-8, § 1, 12-2-14; Ord. No. 19-3, § 1, 4-16-19; Ord. No. 21-5, § 1, 7-6-21; Ord. No. 22-1, §§ 1—3, 3-1-22; Ord. No. 23-4, § 1, 5-2-23; Ord. No. 23-7, § 7, 9-19-23; Ord. 24-2, 3/19/2024)

21-2 Purposes.

These regulations are enacted for the purpose of promoting the health, safety, morals and general welfare of the town and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. These regulations are intended to achieve the following more specific purposes:
(a) 
To provide for adequate light, air, sanitation, drainage and public facilities;
(b) 
To secure safety from fire, panic, flood, avalanche, accumulation of snow and other dangerous conditions;
(c) 
To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets;
(d) 
To promote adequate and appropriately located off-street parking and loading facilities;
(e) 
To conserve and maintain established community qualities and economic values;
(f) 
To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives.
(Ord. No. 12-07, § 1, 1-15-13)

21-3 Construction; usage.

Words used in the present tense include the future, and vice versa; words used in the singular include the plural, and vice versa; the word "shall" is mandatory, the word "may" is permissive; and whenever reference is made to any portion of this chapter, the reference applies to all amendments and additions now or hereafter made.
(Ord. No. 12-07, § 1, 1-15-13)

21-4 Chapter requirements deemed minimum; conflicting provisions.

The provisions of this chapter shall be held to be the minimum requirements adopted for the promotion and protection of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other code, rule, regulation or resolution adopted by the town, the more restrictive or that imposing the higher standard shall govern.
(Ord. No. 12-07, § 1, 1-15-13)

21-5 Penalty.

It is unlawful for any person to violate any provisions in this chapter. Unless otherwise specifically stated, every person convicted of a violation of any provision in this chapter shall be punished in accordance with the provisions of section 1-14 of the Town Code.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 14-5, § 2, 9-2-14)

21-6 Injunction action.

The erection, construction, alteration, enlargement, conversion, moving or maintenance of any building and the use of any land, building or structure which is continued, operated or maintained contrary to any provision of this chapter shall be unlawful. The town may institute injunction, abatement or any other appropriate action to prevent, enjoin, abate or remove such violation. Such action may also be maintained and instituted by any property owner whose property or property value is damaged by a violation of this chapter.
(Ord. No. 12-07, § 1, 1-15-13)

21-7 Remedies not exclusive.

The remedies provided in this article shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.
(Ord. No. 12-07, § 1, 1-15-13)

21-8 Moving, placing buildings.

No building, structure or improvement shall be moved, located, relocated, transported, placed or set upon any lot or tract of land in the town unless the building, structure or improvement and its proposed location complies with this chapter and the owner thereof has complied with all of the terms and conditions of this chapter to the same extent as any building or structure which would be constructed upon the lot or tract of land.
(Ord. No. 12-07, § 1, 1-15-13)