In order to carry out the provisions of this Chapter, the Town is hereby divided into the following zoning districts:

R-1—Single-Family Residential District.

R-2—Multiple-Family Residential District.

MH—Mobile Home Park District.

C-1—Commercial District Low Intensity.

C-2—Commercial District Medium Intensity.

I-1—Light Industrial District.

I-2—Medium Industrial District.

A—Agricultural District.

E—Estate District.

PUD—Planned Unit Development.

(Prior Code, § 6-1A; Ord. No. 2006-3, § 1, 11-13-2006; Ord. No. 2007-1, § 2, 1-8-2007; Ord. No. 2016-4, § 1, 8-29-2016)

The boundaries of these districts are established as shown on a map entitled "Zoning District Map" of the Town, which map, as amended, is available in the office of the Town Clerk.

(Prior Code, § 6-1B; Ord. No. 2016-4, § 1, 8-29-2016)

(a)

Existing buildings. The regulations contained herein are not retroactive in their application to existing buildings.

(b)

General application. Except as otherwise provided, no buildings or other structure shall be used, and no buildings or other structure shall be erected, reconstructed, moved into or within the Town limits or structurally altered, except in conformance with the regulations herein specified for the district in which such building or structure is located.

(Prior Code, § 6-2; Ord. No. 2016-4, § 1, 8-29-2016)

When not inconsistent with the content, words used in the present tense include the future, words in the singular number include the plural number, words in the plural number include the singular number and the masculine includes the feminine. The word shall is mandatory, while the word may is permissive. For the purpose of this Chapter, certain words or phrases are defined as follows:

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

Accessory use means a use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.

Alley means a public way permanently reserved as a secondary means of access to abutting property.

Appurtenant facilities means any accessory structures or other property which are clearly incidental to, and customarily found in connection with major facilities of public utilities and are operated and maintained for the benefit or convenience of the occupants, employees, customers or visitors of such major facilities. Appurtenant facilities do not require a new or amended site plan.

Boarding and rooming house means a building or portion thereof which is principally used to accommodate for compensation one or more boarders or roomers, not to exceed five bedrooms for rent, not including members of the occupant's immediate family who might be occupying such building. Compensation shall include compensation in money, services or other things of value.

Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind and does not include advertising sign boards or fences.

Building height means the vertical distance measured from the established curb level to the highest point of the underside of the ceiling beams for a flat roof, to the deck line for a mansard roof and to the mean level of the underside of the rafters between the eaves and the ridge for a gable, hip or gambrel roof. Chimneys, spires, towers, elevators, penthouses, tanks and similar projections other than signs shall not be included in calculating the building height.

Distribution lines means electrical lines and appurtenant facilities designed to transmit electrical voltages less than 115 kv.

Dwelling means a building or portion thereof which is used as the private residence or sleeping place of one or more human beings, but does not include hotels, motels, tourist courts, resort cabins, clubs or hospitals. In addition, all dwellings shall be constructed as permanent buildings, not temporary structures such as tents, railroad cars, trailers, street cars, metal prefabricated sections or similar units.

Dwelling, multiple-family, means a building or portion thereof designed for or occupied by three or more families living independently of each other.

Dwelling, single-family, means a detached building designed exclusively for occupancy by one family, not including manufactured homes.

Dwelling, two-family, means a detached building designed exclusively for occupancy by two families living independently of each other.

Dwelling unit means one or more rooms in a dwelling, designed for occupancy by one family for living or sleeping purposes and having not more than one kitchen.

Family means an individual, two or more persons related by blood or marriage or a group, not to exceed three persons, having an ownership interest in the property and living together as a single housekeeping unit.

Floor area means, for the purposes of determining the floor area ratio, conversions of existing structures, the maximum size of business establishments, the sum of the gross horizontal areas of several floors measured in square feet, including the basement floor, but not including the cellar floor of the building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area of a building shall also include elevator shafts and stairwells at each floor; floor space used for mechanical equipment, except equipment, open or enclosed, located on the roof; penthouse space; attic space having head room of seven feet ten inches or more; interior balconies and mezzanines; enclosed porches; and floor areas devoted to accessory uses; provided that any space devoted to off-street parking or loading shall not be included in floor area.

Floor area ratio means the numerical value obtained through dividing the gross floor area of a building by the net lot area on which such building is located.

Home occupation means any use conducted principally within a dwelling and carried on by the inhabitants, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.

Junk means any manufactured goods, appliances, fixtures, furniture, machinery, motor vehicles or trailers which are abandoned, demolished or dismantled, so worn or deteriorated or in such condition as to be unusable in their existing state. Junk also includes salvage materials, scrap metal, scrap material, waste, bottles, tin cans, paper, boxes, crates, rags, used lumber and building material, motor vehicle and machinery parts and used tires.

Kennel means any lot or premises on which four or more animals at least four months of age are harbored.

Livestock means horses, mules, cattle, burros, swine, sheep, goats, rabbits or any domestic animal normally raised for use or pleasure, except dogs and cats or small animals normally kept in cages inside the residence.

Lot means a parcel of real property as shown with a separate and distinct number or letter on a plat recorded with the County Clerk and Recorder or, when not so platted in a recorded subdivision, a parcel of real estate abutting upon at least one public street and held under separate ownership.

Lot line, front, means the property line dividing a lot from a street. On a corner lot, only one street line shall be considered as a front line, and the shorter street frontage shall be considered the front line.

Lot line, rear, means the line opposite the front lot line.

Lot line, side, means any lot line other than front lot lines or rear lot lines.

Manufactured home means a single-family dwelling which is practically or entirely manufactured in a factory; is not less than 24 feet in width and 36 feet in length; is installed on an engineered permanent foundation in compliance with ANSI 225, 1-1987 Manufactured Home Installations, Appendix C; has brick, wood or cosmetically equivalent exterior siding and a pitched roof; 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.

Manufactured home park means an area under single ownership or control designed primarily for the rental of portions of the area as spaces for occupied manufactured homes.

Mobile home means a transportable structure (without its own motor power) which exceeds either eight feet in width or 32 feet in length, is built on a chassis and is designed, when connected to the required utilities, to be used as a dwelling unit with or without a permanent foundation. However, when attached to a permanent foundation, the structure is no longer a mobile home and shall be subject to the requirements of the current building code and other ordinances of the Town.

Mobile home park means an area under single ownership or control designed primarily for the rental of portions of the area as spaces for occupied mobile homes.

Motel or hotel means a building designed for occupancy as the temporary abiding place (30 days or less) of individuals who are lodged with or without meals, and with such building having six or more guest rooms.

Nonconforming building means a building, structure or portion thereof conflicting with the provisions of this Chapter applicable to the zone in which it is situated.

Nonconforming use means the use of a structure or premises conflicting with the provisions of this Chapter.

Occupied means and includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.

Oil and gas storage facility means one or more tanks which receive and store oil or gas from sources other than direct from the oil and gas well.

Oil and gas support and service means location and operation bases for businesses whose primary activity includes the following kinds of uses:

(1)

Parking and maintenance of exploration, production or workover equipment.

(2)

Equipment and storage yards for road and pipeline construction contractors, and production unit set-up and maintenance contractors.

(3)

Parking and maintenance for tank and water service companies.

(4)

Storage and rental yards for pipe and production equipment.

(5)

Field offices used by production-related records and maintenance personnel.

(6)

Disposal and recycling sites for production waste (except production water disposed through either secondary recovery or deep well disposal methods and the mode of transport to such injection wells is exclusively via pipeline from the source and no on-site storage occurs), except businesses whose activities are primarily manufacturing and fabricating or whose use is primarily for general company offices used by other than company officials.

(7)

Oil and gas processing facilities and related equipment, including, but not limited to, compressors associated with gas processing or which compress gas to enter a pipeline for transport to market.

(8)

Midstream activities including the processing, storing, transporting and marketing of oil, natural gas and natural gas liquids.

Open space means open space on a building site, exclusive of space devoted to vehicular streets, drives and parking areas, and including pedestrian ways, space for active and passive recreation and landscaping.

Person means natural person, joint venture, joint stock company, partnership, association, club, company, firm, corporation, business, trust or organization, or the manager, lessee, agent, servant, officer or employee of any of them.

Pipeline—Petroleum products means any pipeline and appurtenant facilities capable of transporting petroleum products.

Planned unit development means a unified development in single ownership or control which is subdivided and developed according to a comprehensive plan and where the specific requirements of a given district may be modified.

Poultry means chickens, ducks, geese, pigeons and all other domestic feathered animals and fowl normally raised for profit or pleasure, except small birds normally kept in cages in private residences.

Public utility means the term as defined by Section 40-1-103, C.R.S.

Roof line means the highest point on any building where an exterior wall encloses usable floor area, including floor area provided for housing mechanical equipment.

Room means an unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways and service porches.

Street means a public thoroughfare which affords the principal means of access to abutting property.

Structure means anything constructed or erected which requires location on the ground or anything attached to something having a location on the ground, but does not include fences or walls used as fences less than six feet in height, poles, lines, cables or other transmission or distribution facilities of public utilities.

Substations means any facility designed to provide switching, voltage transformation or voltage control required for transmission of electricity at 115 kV or greater.

Transloading means a process of transferring a commodity from one mode of transportation to another whose primary activity includes the following kinds of uses:

(1)

Rail and truck transloading of commodities and materials, including, without limitation, those for the agricultural and oil and gas industries, and including but not limited to grains, petroleum products, sand, pipe and storage related to the same.

Transmission lines means those electrical lines and appurtenant facilities which meet all of the following criteria:

(1)

Either a series of three or more structures and appurtenant facilities erected above ground which support one or more conductors or a power line placed underground.

(2)

Which lines emanate from a power plant or a substation/transition site and terminate at a substation/transition site.

(3)

Which are designed to transmit electrical voltages of 115 kV or greater.

Use means the purpose for which land or a building is designed, arranged or intended, or for which either is or may be occupied or maintained.

Width of lot means the distance parallel to the front lot line measured between side lot lines through that part of the building or structure where the lot is narrowest.

Yard means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Chapter.

Yard, front, means a yard extending across the full width of the lot between the front lot line and the nearest line or point of the building.

Yard, rear, means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building.

Yard, side, means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building or accessory building attached thereto.

(Prior Code, § 6-18; Ord. No. 2016-4, § 1, 8-29-2016; Ord. No. 2018-5, § 4, 10-8-2018)