When not inconsistent with the content, words used in the present tense include the future, words in the singular number include the plural number, and the masculine includes the feminine.

A.

The word "shall" is mandatory.

B.

The word "may" is permissive.

C.

The word "person" means and includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.

D.

Whenever the words "dwelling" or "dwelling unit," "rooming house," "rooming unit" or "premises" are used, they shall be construed as though they were followed by the words "or any part thereof."

E.

The word "building" means and includes the word "structure," and the term "used" means and includes the words "arranged," "designed" or "intended to be used," the term "occupied" means and includes the words "arranged," "designed" or "intended to be occupied."

F.

If a term or word causes difficulties in interpretation and is not herein defined or properly described, the planning commission shall define the terms and recommend to the governing body that it amends this title to include an appropriate definition.

(Ord. 322 § 2.1, 1991)

For the purposes of this title, certain words and terms are defined as follows:

"Affordable housing unit" means a dwelling unit which is available for purchase on terms that would be affordable to households based on Crowley County AMis earning one hundred (100) percent or less of the area median income, for rentals or earning sixty (60) percent or less of the area median income, as adjusted for family size, and paying less than thirty (30) percent of their gross income for housing, including principal, interest, taxes, insurance, utilities, and homeowners' association fees.

"Alley" means any public space or thoroughfare less than sixteen (16) feet but not less than ten feet in width which has been dedicated or deeded to the public for public use and which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

"Alter" means any structural change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, girders or floor joists.

Apartment House. See "dwelling, multiple."

"Approved" means sanctioned by the appropriate official as required by law so long as all provisions of these zoning regulations are met.

"Automobile and trailer sales area" means an open area, other than a street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done, except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.

"Auto repair shop" means a shop or place of business for repair and maintenance of automobiles, trucks and other automotive and farm equipment, which carry a valid title and show a work order.

"Block" means a distinct portion or plot of lend in a platted subdivision described and numbered as a block on the recorded plat of said subdivision, or a distinct portion or plot of land bounded on all sides by public streets, alleys or easements.

"Board" means the zoning board of adjustment.

"Buildable area" means that portion of a lot or parcel that can be occupied by a building or structure.

"Building" means any structure used or intended for supporting or sheltering any use or occupancy. See "Structure."

Building, Accessory. "Accessory building" means any building on a lot with and subordinate to a main building.

Building, Height of. "Height of building" means the vertical distance at the center of a building's principal front measured from the established street grade to the highest point of the coping of a flat room, or to the center height between the eaves and ridge for pitched roofs. For buildings set back from the street line, the height of the building shall be measured from the average elevation of the finished grade along the front of the building.

"Building line" means a line on a plat or the theoretical line on the ground between which line and a street, alley or private place no principal building or structure may be erected.

Building, Nonconforming. See "Nonconforming building."

Building, Principal. "Principal building" means a building in which is conducted the main or principal use of the lot or parcel on which said building is situated, and including garages, carports, storage sheds, etc., which are attached to the principal building. (On farms the house shall be considered the principal structure.)

"Business and professional office" means the office of an architect, attorney, dentist, doctor, engineer, insurance broker or other similar professional persons, and any office used primarily for accounting, correspondence research, editing or administration.

"Campgrounds and recreational areas" means organized campgrounds, including federal, state and municipal owned and designated parks and campgrounds; and privately owned campgrounds which are made available, either with or without a fee to the public; and all public lands and surface waters of the state, other than campgrounds, used for picnicking, camping and other recreational activities.

"Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

Clinic, Dental or Medical. "Dental or medical clinic" means a building in which a group of physicians, dentists or physicians and dentists and allied professional assistants are associated for the purpose of carrying on their professions. A clinic may include a dental or medical laboratory, but not facilities for inpatient care or operating rooms for major surgery. See "Hospital."

"Club" means a building or rooms and accessory buildings and ground occupied by a nonprofit association of persons for the promotion of some common objective such as, but not limited to, literature, science, politics, recreation and good fellowship, meeting periodically, limited to members, with not more than one-third of the gross floor area occupied by the use used for residential occupancy.

Commission, Planning. "Planning commission" means the municipal planning commission, which also acts as the zoning commission.

"Comprehensive plan" means the sum of the policies, proposals, programs, maps and reports adopted and identified by the planning commission as components of the comprehensive plan.

"Condominium" means an apartment house in which the apartments or dwelling units are individually owned, each owner receiving a recordable deed enabling him or her to sell, mortgage, exchange, etc. his or her apartment independent of the owners of the other apartments in the building.

"Density" means the number of dwelling units per acre of land devoted to housing and usable open space.

Developmentally Disabled, Home for. "Home for developmentally disabled" means a home for those persons having cerebral palsy, multiple sclerosis, mental retardation, autism and epilepsy.

District, Zone. "Zoning district" means a land area or land areas as defined by the zoning map, within which the zoning regulations are uniform.

"Drive-in restaurant" or "refreshment stand" means any place or premises used for sale, dispensing or serving of food, refreshments or beverages to customers while they remain in their automobile.

"Dwelling" means any building or any portion thereof which contains dwelling units or guest rooms used, intended or designed to be built, used, rented, leased, let or hired out to be occupied, or which are occupied for living purposes.

Dwelling, Multiple. "Multiple-dwelling" means any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of two or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.

Dwelling, Single-Family. "Single-family dwelling" means any building or any portion thereof which contains one dwelling unit used, intended or designed to be built, used, rented, leased, let or hired out to be occupied, or which is occupied for living purposes.

"Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

"Easement" means a right held by the public, a corporation, or persons to make use of the land of another for a limited purpose, as right of passage.

"Educational institution" means schools and/or seminaries administered by churches or religious organizations; schools, colleges or universities administered by public agencies; nonprofit schools, colleges or universities operated under charter or license from the state; and any nonprofit institution, residence or home operated for the education of five or more students.

"Employee" means a person employed permanently; this shall not mean temporary or seasonal employees.

"Enclosed" means surrounded by walls and/or fences and a roof.

"Extended care facility" means an establishment which provides lodging, board and personal services for the health, safety and comfort of persons residing therein. This term does not apply to hospitals.

"Fabrication" means the stamping, cutting, assembling or otherwise shaping the processed materials into useful objects, excluding the refining or other initial processing of basic raw materials.

"Family" means a group of persons related by blood, marriage or adoption living together on the premises in a single dwelling unit, or a group of not more than five individuals living in a single dwelling unit not related by blood, marriage or adoption.

"Family care home" means a facility for child care in place of residence of a family, person or persons, for the purpose of providing family care and training for a child or children under the age of sixteen (16) years who are not related to the head of such home. The term includes any family care home receiving a child or children for regular part-time or regular full-time care, and anyone receiving a child or children for any state-operated institution for child care, or from any child placement agency.

"Farming" means the act or business of cultivating land and producing crops.

"Feedlot" means an enclosure for the feeding and fattening of fowl, sheep, hogs, cattle or other livestock where the livestock are kept within restricted area, where a majority of the feed is purchased rather than being produced on the same property, and where the livestock are especially fed for gain prior to sale or slaughter.

"Floodplain" means an area which is subject to flooding as the result of the occurrence of an intermediate regional flood and which area thus is so adverse to past, current or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property.

"Floodproofing" means a combination of structural provisions, changes or adjustments to lands, properties and structures subject to flooding primarily for the reduction or elimination of flood damages to lands, properties, structures, and contents of buildings in a flood hazard area.

"Floodway zone" means the channel of a stream and those portions of the adjoining floodplain which are reasonably required to carry and discharge the floodwaters of an intermediate regional flood. In the context of these regulations, it is the floodplain less the low hazard zone, if any such low hazard zone has been designated or otherwise regulated under these regulations. If no low hazard zone has been so designated or regulated, then the terms "floodplain" and "floodway zone" shall be synonymous.

Floor Area, Gross. "Gross flood area" means the sum of the gross horizontal areas measured between the exterior faces of exterior walls of the several floors of a building and accessory buildings, including interior walls, balconies, mezzanines, hallways, wells, basements and cellars, and including the area of roofed porches, patios and carports having more than one wall.

Floor Area, Net. "Net floor area" means the sum of the gross horizontal areas measured between the interior faces of exterior walls of the several floors of a building and accessory buildings including interior balconies, mezzanines, retail or wholesale floor areas, basements, cellars and surrounding open spaces used in conjunction with the building and accessory buildings, but excluding interior walls, enclosed hallways, well shafts, lavatories, furnace rooms, janitor supply rooms or closets, accessory store rooms and/or areas, and roofed porches, patios and carports enclosed by less than three walls.

"Frontage" means that portion of a lot, parcel, tract or block abutting upon a street. See "Yard, front."

"Garage" means an enclosed structure for the parking of motor vehicles.

"Governing body" means city council, board of trustees, or other governing body of this municipality.

"Grazing" means growing of grasses or herbage for consumption by livestock.

"Health department" means the agency which assumes responsibility as the county, municipal or local health department.

"Home occupation" means a use for gain or support in an agricultural or residential zone conducted on the parcel and carried on by the inhabitants there, and no others, which use is clearly incidental and secondary to the use of the parcel for agricultural or residential purposes and which does not change the character thereof.

"Hospital" means any building or portion thereof used for the accommodation, nursing and medical, surgical or psychiatric care of the sick, injured or infirm persons. See "Clinic, Dental or Medical."

"Hotel" means a building containing six or more guest rooms intended or designed to be rented or hired out to be occupied for sleeping purposes by guests.

House, Guest. "Guest house" means living quarters within a semi-attached or detached accessory located on the same premises with the principal building for use by temporary guests of the occupants of the premises.

"Intermediate regional flood" means a type of flood, including the water surface elevation and territorial occupation thereof, which can be expected to occur at any time in a given area based upon recorded historical precipitation and other valid data, but with an average statistical one percent chance of being equalled or exceeded during any one year. The term is used interchangeably with a one percent flood or one hundred (100) year flood.

"Junkyard (salvage)" means any lot, parcel or tract used for the storage, keeping, sale or abandonment of junk and/or the dismantling, demolition or abandonment of automobiles, or other junk or parts thereof.

"Kennels and pet shops" means any lot, parcel, tract or structure in which pets are kept, maintained, housed, treated or sold for private gain.

"Laundromat" means an establishment providing washing, drying, ironing or dry cleaning machines for hire to be used by customers on the premises

"Loading space" means a space within the main building or on the same lot, parcel or tract providing for the standing, loading or unloading of vehicles or trailers.

Lodge. See "Club."

"Lot" means a distinct portion or plot of land in a recorded, platted subdivision described and numbered or lettered as a lot on the recorded plat of said subdivision. See also "Parcel" and "Tract."

Lot, corner. "Corner lot" means a lot situated at the junction of two or more streets.

"Lot coverage" means that portion of the lot, parcel or tract shielded from the sky by buildings and/or structures.

Lot, Interior. "Interior lot" means a lot other than a corner lot.

"Lot line" means the perimeter or outer boundary of a lot, parcel or tract.

Lot Line, Front. "Front lot line" means the line separating such lot, parcel or tract from any public street right-of-way.

Lot Line, Rear. "Rear lot line" means the line which is opposite and most distant from a front lot line or, on an irregular or triangular lot, a line at least ten feet long entirely within the lot, parallel to and furthest distance from the front lot line.

Lot Line, Side. "Side lot line" means a line connecting a front lot line with a rear lot line.

Lot, Nonconforming. See "Parcel, Nonconforming."

Lot, Through. "Through lot" means an interior lot having frontage upon two parallel or nearly parallel street.

"Lot width" means the distance between the side lot lines measured at the required front building setback line, or in the case of an irregularly shaped lot the front building line.

"Low hazard zone" means that area of the floodplain in which the waters of an intermediate regional flood will not attain a maximum depth greater than one and one-half feet.

"Machine shop" means a structure containing machinery for the manufacture, modification or repair of metal goods and equipment.

"Manufacture" means the creation of a finished or semi-finished product.

Master Plan. See "Comprehensive plan."

"Mobile home/manufactured home" means a single-family dwelling which is partially or entirely manufactured in a factory, which is at least twenty-four (24) feet wide and thirty-six (36) feet long, which is installed on an engineered permanent foundation, which has a pitched roof, which has brick, wood, or cosmetically equivalent exterior siding, and is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401, et seq., as amended from time to time, and which all components and subsystems meet or exceed on an equivalent engineering basis all health, safety, and functional requirements for other single-family housing units and all standards established by the Municipal Building Code.

"Modular home" means a single-family dwelling unit, entirely manufactured on site, excepting foundation, transported to the building site in two or more sections and which is installed on an engineered permanent foundation. Said structure shall meet or exceed on an equivalent performance engineering basis, current Uniform Building Code requirements, Plumbing Code requirements and Electrical Code requirements.

"Motel" means a building or group of buildings containing guest rooms for hire or rent usually with access directly from a parking lot.

"Museum" means a building or structure for the display of natural, scientific, literary, or artistic objects of general, historic or other special interest.

"Nonconforming building" means the use of a building or portion thereof lawfully existing at the time of the passage of the zoning ordinance codified in this title and amendments thereto, which does not conform with the provisions of this title or amendments hereto.

"One hundred (100) year flood" or "one percent flood" means an intermediate regional flood.

"Owner" means any person who, along or jointly or severally with others, shall have legal title to any land or structure, or contract of purchase, with or without accompanying actual possession thereof or shall have charge, care or control of any land or structure as owner or agent of the owner, or as executor, administrator, conservator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this title and of rules and regulations adopted pursuant thereto, to the same extent as if he or she were the owner.

"Parcel" means a lot or tract, or contiguous groups or portions of such lots and/or tracts shown on the assessor's roll of Crowley County, or a contiguous area of land under legal control of any one person, partnership, firm, corporation, syndicate, agency or institution. See also "Lot" and "Tract."

Parcel, Nonconforming. "Nonconforming parcel" means a parcel which lawfully existed at the time the ordinance codified in this title or any amendment hereto became effective, but which does not now conform to the regulations applicable in the zone district in which it is located.

"Parking" means the assembling or standing of motor vehicles and trailers for relatively temporary periods of time.

Parking, Commercial. "Commercial parking" means parking lots or structures open to the public and operated for a profit.

Parking, Community. "Community parking" means parking lots or structures not open to the public but shared by several persons not residents on the premises.

"Parking lot" means a lot, parcel or tract for the parking of motor vehicles and trailers.

Parking, Off-Street. "Off-street parking" means parking of motor vehicles off the public rights-of-way.

"Parking space" means a rectangular area designated for parking with a minimum width of nine feet and depth of eighteen (18) feet.

"Person" means firms, corporations, associations, partnerships, societies and/or individuals.

"Planned unit development" means an area of land improved as a residential development in which normal restrictions of lot sizes, setbacks, densities, land uses, and other criteria may be relaxed in return for development conformance to an approved plan for the total parcel. Approval may be given upon evidence of the provisions of open spaces, public facilities, access, and other considerations deemed important by the planning commission.

"Planning commission" means the officially appointed planning commission of Ordway, Colorado.

"Plat" means a map and supporting materials of certain described land prepared in accordance with subdivision regulations as an instrument for recording of real estate interests with the clerk and recorder.

"Premises" is a general term meaning part or all of any lot, parcel or tract or part or all of any buildings or structures or group of buildings or structures located thereon.

"Property line" means the boundary of any lot, parcel or tract, and shall not include the streets or alleys upon which the said lot, parcel or tract may abut.

"Public hearing" means a meeting called by a public body for which public notice has been given and which is held in a place in which the general public may attend to hear issues and express their opinions.

"Retail" means sale to the ultimate consumer for direct consumption and/or use and not for resale.

Right-of-Way, Public. "Public right-of-way" means all streets, roadways, sidewalks, alleys, and all other areas reserved for present or future use by the public as a matter of right, for the purpose of vehicular or pedestrian travel.

"Road" means a right-of-way owned and maintained by the town of Ordway for the benefit of its citizens.

"Secretary" means the secretary to the planning commission or may be a designated employee.

Service Station, Gasoline. "Gasoline service station" means a property where flammable liquids used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles, and which may include, as an incidental accessory use only, facilities for polishing, greasing, washing or minor servicing such motor vehicles, but not including auto body work or other major repairs.

"Setback" means the distance from the lot line or right-of-way line to any building or structure on the lot.

"Sign" means any words, lettering, figures, numerals, phrases, sentences, devices, designs, pictures, symbols or trade marks by which anything is made known such as are used to designate a firm, an association, a corporation, a business, a service or a commodity or product or any type of publicity, whether placed on natural objects or on a building, fence or other man-made structure, which are visible from any public street or public right-of-way.

Stable, Commercial. "Commercial stable" means a building with more than four stalls for horses not owned by the owner of the stable.

"Street" means any road, thoroughfare or public space not less than twenty (20) feet in width which has been dedicated or deeded to the public for public use.

Street, Centerline of. "Centerline of street" means the true centerline of a dedicated public right-of-way as determined by the governing board. Where such public right-of-way is curved, off-set, angular or any other questions arise, the governing board shall determine the alignment of the centerline.

"Structural alteration" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

"Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

"Subdivision" means a division, subdivision or resubdivision of a lot, tract or parcel of land into two or more lots, tracts, or parcels of land.

"Tract" means a portion of land usually not platted, delineated by a metes and bounds description. See also "Lot" and "Parcel."

"Use" means any activity taking place upon land and/or in structures.

Use, Accessory. "Accessory use" means a subordinate use which is customarily incidental to the principal building or to the principal use of the parcel.

"Use by review" means a use that may be permitted only upon issuance of a special use permit by the planning commission.

"Use by right" means a use which may be permitted in a zone district upon issuance of a permit by the zoning administrator.

Use, Nonconforming. "Nonconforming use" means a use which lawfully occupied a building or land at the time the ordinance codified in this title or an amendment hereto became effective and which does not now conform with the use regulations applicable in the zone district in which it is located.

"Variance" means a relaxation of the terms of the zoning title where such relaxation will not be contrary to the public interest or the intent and purpose of this title and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the title would result in unnecessary and undue hardship, and the condition or situation is not of so general or recurrent a nature as to make reasonable and practicable the formulation of an amendment containing a general regulation for such condition or situation.

"Warehouse" means a building or portion thereof used and appropriated by the occupant (1) for the deposit and safekeeping or selling of his or her own goods at wholesale or by mail order; or (2) not for the deposit and safekeeping or selling of his or her own goods but for the purpose of storing the goods of others placed therein in the regular course of commercial dealing and trade, to be again removed or reshipped.

"Wholesale" means sale for resale, not for direct consumption.

Wrecking Yard. See "Junkyard."

"Yard" means an existing or required space not occupied or not to be occupied by a principal use or building on the same lot, parcel or tract with a principal use or building.

Yard, Front. "Front yard" means a yard extending the full width of the lot and situated between the street line and the required front setback line.

Yard, Rear. "Rear yard" means a yard extending the full width of the lot and situated between the rear line of the lot and the required rear setback line.

Yard, Side. "Side yard" means a yard extending between the required side setback line and the adjacent side line of the lot and extending from the required front setback line to the required rear setback line.

Zone District. See "District, Zone."

"Zoning administrator means the administrative and enforcing officer of the provisions of the zoning ordinance with the authority to make all decisions and investigations necessary to properly carry out the provisions of this title.

(Amended during 1997 codification; Ord. 411 (part), 1991; Ord. 322 § 2.2, 1991)

(Ord. of 2-17-2012(1); Ord. No. 559, § 1, 7-7-2025)