Salida City Zoning Code

Chapter 1, Article II, Definitions and Usage, of this Code establishes rules that shall be observed and applied when interpreting the language of this Code unless the context clearly requires otherwise.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

Residential Uses

Household living means uses characterized by residential occupancy of a dwelling unit by a "household." Common accessory uses include recreational activities, raising of household pets, personal gardens, personal storage buildings, hobbies, and resident parking. Specific use types include:

Dwelling, co-housing/cottage housing means a residential development that combines four (4) or more small, individually owned units on a single lot with common open space. Co-housing developments also include a community kitchen and dining room intended for communal use on a regular basis; cottage housing developments do not. The residents in a co-housing/cottage development may agree to share in the provision of communal services such as cooking meals, maintenance of grounds, and childcare.

Dwelling, duplex means a building with two (2) dwelling units located on a single lot designed or arranged to be occupied by two (2) households living independently and which are constructed to IRC Building Code Standards. A duplex dwelling unit may have a side-by-side, front and back, or stacked configuration. Duplex dwellings that are subsequently subdivided so that each unit is on a separate lot are then considered townhouse dwellings.

Dwelling, live/work means a dwelling unit containing an integrated living and working space in different areas of the unit and which are constructed to IRC Building Code Standards.

Dwelling, multi-family (three (3) to four (4) units means a building with three (3) or four (4) dwelling units located on a single lot designed or arranged to be occupied by the same number of households living independently. May be for rentals or condominiums.

Dwelling, multi-family (five (5) to nineteen (19) units means a building containing five (5) to nineteen (19) separate dwelling units located on a single lot designed or arranged as independent living units. May be for rentals or condominiums.

Dwelling, multi-family (twenty (20) or more units means a building containing twenty (20) or more separate dwelling units located on a single lot designed or arranged as independent living units. May be for rentals or condominiums.

Dwelling, single-family (detached) means a detached principal dwelling designed for occupancy by one (1) household as an independent living unit and constructed to IRC Building Code Standards. (A dwelling unit on wheels, not a permanent foundation, and not built to IRC standards is not classified as a single-family detached dwelling under this Code.)

Dwelling, single-family (multiple principal) means two (2) detached dwelling units located on a single lot designed or arranged to be occupied by two (2) households living independently and which are constructed to IRC Building Code Standards.

Dwelling, townhouse means two (2) or more single-family dwelling units that are attached side by side under one (1) roof that share a common vertical side or rear wall reaching from the building foundation to the roof structure, each of which is occupied by one (1) household on its own lot or tract, and which are constructed to IRC Building Code Standard.

Manufactured/mobile home means a dwelling that is manufactured/mobile or constructed to comply with the standards of the National Manufactured Housing Construction and Safety Standards Act of 1974 (HUD Code) as adopted by the State and enforced and administered by the Colorado Division of Housing. This definition does not include recreational vehicles, or modular homes that meet IRC code.

Manufactured/mobile home park means any lot or series of continuous lots under common control or ownership upon which five (5) or more mobile or manufactured homes are located and occupied for dwelling or sleeping purposes, regardless of whether or not a charge is made for such accommodations.

Recreational vehicle (long-term occupancy) means a recreational vehicle designed for residential occupancy by one (1) family for no more than six (6) months.

Tiny house means a structure, designed or commonly used for residential occupancy, that is constructed or assembled in a factory or at a location other than the final site of installation, that is less than four hundred (400) square feet in total area, that is installed on a permanent foundation, and that meets the requirements of the 2021 International Residential Code.

Group Living

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." Generally, group living structures have a common eating area for residents. Residents may receive care, training, or treatment, and caregivers may or may not also reside at the site. Accessory uses are limited to recreational facilities and vehicle parking for occupants and staff. Specific use types include:

Continuing care retirement facility means any residential facility, complex, or institution that provides full-time or part-time care, for a period exceeding twenty-four (24) hours, for two (2) or more patients not related to the facility administrator or owner by blood or marriage. Continuing care may include assisted living, convalescent care, nursing care, hospice care, or personal care services for elderly individuals or individuals with disabilities.

Dormitory means a building or part of a building that provides group sleeping accommodations for sixteen (16) or more unrelated individuals characterized by joint occupancy, single management, and the lack of individual cooking facilities in sleeping units. It is often associated with educational institutions, but can also include other forms of group living, such as worker housing or housing for specific populations.

Group home, large means a residential dwelling or facility where more than eight (8) persons, including staff, live as a single housekeeping unit providing care, supervision, and treatment for the exclusive use of citizens protected by the provisions of the Federal Fair Housing Act Amendments of 1988, as defined in that Act and interpreted by the courts, or by any similar legislation of the State, including, but not limited to, facilities providing housing for people with disabilities.

Group home, small means a residential dwelling or facility where eight (8) or fewer persons, including staff, live as a single housekeeping unit providing care, supervision, and treatment for the exclusive use of citizens protected by the provisions of the Federal Fair Housing Act Amendments of 1988, as defined in that Act and interpreted by the courts, or by any similar legislation of the State, including, but not limited to, facilities providing housing for people with disabilities.

Public, Institutional, and Civic Uses

Community and Cultural

Uses including buildings, structures, or facilities to provide a service to the public, including government offices, civic and cultural organizations, medical and care facilities, educational institutions, noncommercial recreation, and similar activities. Accessory uses may include limited retail, concessions, parking, and maintenance facilities. Specific use types include:

Civic or community building means a noncommercial public building which is owned by the City, the County, the State, the United States Government, or a nonprofit organization that is open to the public for the purposes of group assembly, a museum, or to promote the general health, safety, and welfare of the citizens of Salida. Some civic buildings are also considered government facilities, including those dedicated to maintenance, operations, and local governance.

Club or fraternal organization means a membership organization—including business, civic, social, fraternal, and other similar organizations—that cater exclusively to members and their guests, whose facilities are primarily limited to use by the membership, have no overnight lodging, and whose activities are not conducted principally for monetary gain.

Day care, adult means a facility providing care and supervision for older and/or functionally impaired adults. Care is provided for periods of less than twenty-four (24) hours and does not include overnight care.

Day care center means a nonresidential facility of preschool that provided regular childcare and supervision for any number of children during the day for compensation.

Day care home means a state-licensed childcare facility serving up to twelve (12) children and operated by a person who resides in the same dwelling where childcare is provided.

Hospital means an institution designed for the diagnosis, treatment, and care of human illness or infirmity and providing health services, primarily for inpatients, and including as related facilities, laboratories, outpatient departments, training facilities and staff offices, but not including clinics or health care centers.

Public recreation, indoor means any publicly owned or operated indoor area open to the public and dedicated to recreation, including fitness facilities, ball courts, playing fields, pools, and other facilities designed and equipped for the conduct of indoor sports and leisure activities.

Public recreation, outdoor means any publicly owned or operated outdoor area open to the public and dedicated to vegetative landscaping, outdoor recreation, gathering spaces, community agriculture, and educational, cultural or aesthetic purposes. Outdoor public recreation includes playgrounds, trails, playing fields, ball courts, pools, skate parks, and accessory facilities that may include seating areas, picnic shelters, restrooms, drinking fountains, and parking areas.

Religious assembly means a structure used by a religious institution for regular organized religious meetings and activities. Any affiliated preschool is considered a day care and any affiliated school is considered a school.

School means a public or private institution that offers general academic instruction at preschool, kindergarten, elementary, secondary, and postsecondary levels, including professional, vocational, or technical schools, and is licensed by and meets all requirements of the State of Colorado.

Transportation

This category includes public and quasi-public uses primarily associated with automobile, train, bus, and aircraft facilities. Examples include public and quasi-public parking facilities, airports, depots, terminals, or other facilities which serve as a hub for transportation activity. Specific use types include:

Parking facility means a surface parking lot, above-ground structure, or below-ground structure operated as a principal use by local government, non-profit, or commercially. May include ticket purchase facilities.

Transit stop means an area posted as a place where transit passengers board or exit. May include ticket purchase facilities.

Transit terminal or station means any premises for the storage or parking of motor-driven buses and the loading and unloading of passengers. Terminals or stations may include ticket purchase facilities, restrooms, restaurants, and retail stores.

Commercial Uses

Agriculture and Animal-Related Services

This category includes production, keeping, or maintenance of plants and animals for agriculture and animal-related uses involving the boarding and care of animals on a commercial basis. Specific use types include:

Commercial farming and plant or animal husbandry means any premises used for animal husbandry, farming, cultivation of crops, dairying, pasturage, floriculture, horticulture, viticulture, aquaculture, hydroponics, together with associated dwellings for those involved in agricultural uses. Any necessary accompanying accessory uses, buildings, or structures for housing, packing, treating, or storing of products produced on the premises is included.

Garden center, greenhouse, or nursery means an establishment, including a building, part of a building, or outdoor space for the growth, display and/or sale of plants, trees, and other materials used for planting for retail sales and incidental wholesale trade.

Kennel means any establishment where five (5) or more domestic animals are trained, groomed, boarded, fed, sold, or bred as a commercial activity.

Veterinary clinic or veterinary hospital means a facility for the diagnosis, treatment, or hospitalization of domestic animals, operated under the supervision of a licensed veterinarian. The use may include the incidental temporary overnight boarding of animals that are recuperating from treatment but shall not be construed to include a kennel.

Business and Professional Services

Uses in this category provide executive, management, administrative, governmental, or professional services, but do not sell merchandise except as incidental to a permitted use. Accessory uses may include cafeterias, health facilities, parking, or other amenities primarily for the use of employees in the firm or building. Specific use types include:

Office means a building or business which primarily provides professional services including administrative, professional, governmental, medical, financial, or clerical operations. Typical uses include real estate, insurance, property management, investment, retail banking, mortgage lending, check-chasing, employment, travel, advertising, law, architecture, design, engineering, accounting, call centers, sales, and similar offices. Offices for medical or surgical examination and treatment, including dentistry, orthodontia, physical therapy, massage therapy, alternative medicine, and similar activities shall not include overnight lodging.

Food and beverage means establishments involved in serving prepared food or beverages for consumption on or off the premises. Accessory uses may include food preparation areas, offices, parking, live entertainment and/or dancing but shall not include adult entertainment. Specific use types include:

Bar, lounge, or tavern means an establishment where fermented malt beverages, and/or malt, special malt, vinous, or spirituous liquors are dispensed, by the drink, for on-site consumption, and in which the sale of food products is secondary.

Microbrewery, distillery, or winery means a small brewery, cidery, distillery, or winery serving beer, wine, or other alcohol for consumption onsite or sale of the same for consumption off the premises, but less than twenty-five percent (25%) of annual production is sold to other drinking establishments, restaurants, or wholesalers. Such uses may operate in conjunction with a bar, lounge, or tavern and/or a restaurant.

Restaurant means an establishment where food and beverages are prepared, served, and consumed primarily on the premises, within a building or on an outdoor patio. May also include drive-through services as permitted.

Lodging

Uses in this category provide lodging services for a defined period of time with incidental food, drink, and other sales and services intended for the convenience of guests. Specific use types include:

Bed and breakfast means an owner-occupied overnight lodging establishment where at least one (1) individual bedroom is offered as an accommodation to guests for transient lodging and which facility includes incidental eating and drinking service from a single kitchen serving only residents and guests and is not operated in the manner of a commercial restaurant. An on-site owner or manager shall be present during the stays and the establishment shall be registered as a commercial use with the County Assessor's Office.

Hotel or motel means an establishment offering transient lodging in bedrooms, or sleeping rooms, at a daily rate. The building or buildings shall include common facilities for reservations, reception, and maintenance that are staffed a minimum of forty (40) hours per week and may include accessory facilities such as restaurants, meeting rooms, recreation areas, or similar facilities commonly associated with lodging. The term does not include bed and breakfast, short-term rental, condominiumized rooms/units, or any residential use.

Short-term rental means a privately-owned residential dwelling unit, such as a single-family detached unit, duplex, condominium, or townhome that is rented for occupancy for the purpose of lodging for any period less than thirty (30) consecutive days. The term does not include accessory dwelling unit, multi-family dwelling, bed and breakfast, hotels or motels, and rooming or boarding house. The term may include either the entire unit or bedrooms within an otherwise occupied home. Must be licensed through the City.

Marijuana

Uses in this category are primarily engaged in cultivating, manufacturing, testing, and sales of medical and/or retail marijuana. Specific use types include:

Medical marijuana store means an establishment that is licensed to sell or otherwise distribute marijuana to registered patients or primary caregivers as defined in Section 14 of Article XVIII of the State Constitution, C.R.S. Title 12 Article 43.3, and any other applicable State or City law or regulation.

Retail marijuana store means an establishment that is licensed to purchase marijuana from marijuana cultivation facilities and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers by Section 16 of Article XVIII of the State Constitution, C.R.S. Title 12 Article 43.4, and any other applicable State or City law or regulation.

Personal Services

Uses in this category 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. Specific use types include:

General personal service, large means an establishment, greater than two thousand five hundred (2,500) square feet, that is primarily engaged in providing individual services generally related to personal needs. Typical uses may include, but are not limited to, beauty and barber shops, catering services, funeral home and mortuaries, massage facilities, photographic studios, tailor and shoe repair services, nail salons, tanning salons, and yoga or dance studios.

General personal service, small means an establishment, two thousand five hundred (2,500) square feet or less, that is primarily engaged in providing individual services generally related to personal needs. Typical uses may include, but are not limited to, beauty and barber shops, catering services, funeral home and mortuaries, laundry and dry-cleaning drop-off facilities, massage facilities, photographic studios, tailor and shoe repair services, nail salons, tanning salons, and yoga or dance studios.

Self-service laundromat means an establishment providing washing, drying, or dry-cleaning machines on the premises for rental use to the general public. This definition includes automatic, self-service only, or hand laundries.

Recreation and Entertainment

This category includes indoor and outdoor recreation and entertainment activities. Accessory uses may include limited retail, concessions, parking, and maintenance facilities. Specific use types include:

Adult bookstore/novelty means a commercial establishment which devotes a significant or substantial portion of its stock-in-trade or interior floor space to 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," as defined in Chapter 6, Article VIII, of this Code.

Adult entertainment means an entertainment or commercial establishment that is distinguished or characterized by an emphasis on material depicting, describing, or relating to sexual activities or sexual anatomical areas, including, but not limited to, adult movie theaters, adult arcades, adult cabarets, and adult theaters, as defined in Chapter 6, Article VIII, of this Code, and other similar adult services establishments.

Campground means An outdoor facility of a minimum one-half (0.5) acres designed for short-term or seasonal overnight accommodation of individuals in tents, rustic cabins, or shelters for recreation, education, naturalist, or vacation purposes. No more than ten percent (10%) of available sites within the campground shall be intended for recreational vehicles and no recreational vehicles greater than twenty-eight (28) feet in length shall be allowed. Accessory uses may include office, retail, and other commercial uses commonly established in such facilities.

Commercial recreation, indoor (large) means an establishment, greater than ten thousand (10,000) square feet, primarily engaged in a commercial recreational use conducted entirely within a building, including amusement arcades, bowling alleys, billiard halls, skating rinks, theaters, art galleries and studios, art centers, assembly halls, athletic and health clubs, auditoriums, community centers, conference centers, exhibit halls, gymnasiums, swimming pools, ball courts, and sports fields. Accessory uses may include limited retail, concessions, and maintenance facilities.

Commercial recreation, indoor (small) means an establishment, ten thousand (10,000) square feet or less, primarily engaged in a commercial recreational use conducted entirely within a building, including amusement arcades, bowling alleys, billiard halls, skating rinks, theaters, art galleries and studios, art centers, assembly halls, athletic and health clubs, auditoriums, community centers, conference centers, exhibit halls, gymnasiums, swimming pools, ball courts, and sports fields. Accessory uses may include limited retail, concessions, and maintenance facilities.

Commercial recreation, outdoor means a commercial recreational use conducted mostly outdoors or partially in a building, including picnic areas, swimming pools, golf courses, driving ranges, miniature golf courses, skateboard parks, ball courts, sports fields, amphitheaters, outdoor arenas, and outdoor theaters. Accessory uses may include limited retail, concessions, and maintenance facilities.

Recreational vehicle park means an outdoor facility of a minimum of one-half (0.5) acre designed for short-term, seasonal, or monthly overnight accommodation of individuals in recreational vehicles for recreation, education, naturalist, or vacation purposes. Accessory uses may include office, retail, dump stations, and other commercial uses commonly established in such facilities. Overnight accommodation of individuals in tents, rustic cabins, and shelters may be provided in addition to recreational vehicle accommodations.

Retail

Uses involving the sale, lease, or rent of new or used products directly to the final consumer for whatever purpose, but not specifically or exclusively for the purpose of resale. Accessory uses may include offices, parking, storage of goods, assembly, repackaging, or repair of goods for on-site sale. Specific use types include:

General retail, large means an establishment, greater than ten thousand (10,000) square feet, primarily engaged in 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, appliances, hardware, building materials, sealed alcoholic beverage for offsite consumption, clothing and other apparel, convenience and specialty foods, dry goods, flowers and household plants, and similar consumer goods.

General retail, small means an establishment ten thousand (10,000) square feet or less, primarily engaged in 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, appliances, hardware, building materials, sealed alcoholic beverage for offsite consumption, clothing and other apparel, convenience and specialty foods, dry goods, flowers and household plants, and similar consumer goods.

Vehicles and Equipment

Uses in this category include a broad range of uses for the maintenance, sale, or rental of motor vehicles and related equipment. Accessory uses may include incidental repair and storage and offices. Specific use types include:

Gasoline service stations and car wash means an establishment primarily engaged in the retail sale of batteries, tires, oil, gasoline, or other fuel for motor vehicles, including incidental facilities used for polishing, greasing, washing, or otherwise cleaning or light servicing of motor vehicles. Services shall not include tire recapping, sale of major auto accessories, wheel repair or parts, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steam cleaning, body repair, painting, upholstery, installation of auto glass, or maintenance requiring open flame or welding.

Manufactured home and recreational vehicle sales and service means an establishment primarily engaged in the display, sale, lease, rental, repair, or service of recreational vehicles or manufactured, modular, or mobile homes.

Vehicle sales and service means an establishment primarily engaged in the display, sale, lease, rental, repair, service, or bodywork/painting of passenger automobiles, trailers, watercraft, or trucks in operating condition.

Industrial Uses

Manufacturing and Processing

Uses in this category include the excavation, transporting, manufacture, fabrication, processing, reduction, destruction or any other treatment of any article, substance, or commodity, in order to change its form, character or appearance. Accessory uses may include retail sales, offices, storage, cafeterias, employee amenities, parking, warehousing, and repair facilities. Specific use types include:

Brewery or bottling plant means an establishment that creates ales, beers, ciders, meads, wines, spirits, soft drinks, and/or similar beverages on site for wholesale production. Small tasting rooms may be an accessory use. This definition excludes microbreweries (less than twenty-five percent (25%) of annual production is sold to other drinking establishments, restaurants, or wholesalers) and other retail beverage producers that operate in conjunction with a bar, lounge, or tavern, and/or a restaurant.

Industrial laundry and dry cleaning means an establishment that cleans garments, fabrics, draperies, etc., with a liquid other than water. The facility is not intended to be visited by individual customers, but rather by commercial dry cleaning drop-off facilities. This definition includes uses such as rug cleaning or repair service; pressing of garments or fabrics; tailoring or alterations; carpet or upholstery; power laundry; industrial launderers; and linen supply.

Manufacturing, artisan means an establishment or business where an artist, artisan, or craftsperson teaches, makes, or fabricates crafts or products by hand or with minimal automation and may include direct sales to consumers. This definition includes, but is not limited to, textiles, pottery, furniture, wood working, sculpting, small-scale food production, and manufacturing of products on an individualized, single-item basis. The term does not include cabinet making, cabinet assembly, service and repair, alcohol production, or the use of mechanized assembly line production. A minimum of seventy percent (70%) of the building area shall be dedicated to production, as opposed to retail sales.

Manufacturing, heavy means an establishment for the basic processing or manufacturing of materials or non-edible products predominately from extracted or raw materials and including transformation by way of heating, chilling, adding a liquid, adding a coating, or chemical or biochemical reaction or alteration. This use may also involve packaging, repackaging, assembling, mechanical reshaping, storage of or manufacturing processes using flammable or explosive materials, animal and meat processing, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Heavy industrial uses may involve extensive exterior operations such as material storage, aggregate processing and batch plants.

Manufacturing, light means an establishment for producing goods without the use of any of the processes described within the definition of "heavy manufacturing." The term includes large-scale food processing and production, the repair, manufacture, processing, fabrication, assembly, treatment, and packaging of products, including incidental storage, sales, and distribution of such products. This definition includes, but is not limited to, the manufacturing of textile products, fabricated metal products, leather products, light component parts of products, paper products, pre-manufactured parts and components, prefabricated wood buildings or structural members, and upholstering shops. Light industrial does not allow for large structures outside of principal buildings, such as refineries.

Marijuana

Uses in this category are primarily engaged in cultivating, manufacturing, testing, and wholesale of medical and/or retail marijuana to marijuana stores. Specific use types include:

Marijuana cultivation means An establishment licensed by Section 16 of Article XVIII of the State Constitution, C.R.S. Title 12 Article 43.4, and any other applicable State or City law or regulation, to cultivate, prepare, package, and sell marijuana to medical marijuana stores, retail marijuana stores, marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.

Marijuana product testing and manufacturing means an establishment licensed by Section 16 of Article XVIII of the State Constitution, C.R.S. Title 12 Article 43.4, and any other applicable State or City law or regulation, to manufacture, prepare, package, and sell marijuana-infused products or analyze and certify the safety and potency of marijuana.

Storage and Warehousing

Uses in this category are engaged in the storage or movement of goods for themselves or other businesses. Goods are generally delivered to other businesses or the final consumer, except for some will-call pickups. There are typically few customers present. Accessory uses may include offices, truck fleet parking, and maintenance areas. Specific use types include:

Salvage yard means a lot, parcel, development site, or establishment that receives solid or liquid wastes from others for sale, processing, dismantling, or disposal of materials on the site or for transfer to another location.

Self-storage or mini-warehouse means an establishment consisting of individual, self-contained units that are leased to individuals, organizations, or businesses for self-service storage of personal property.

Storage of hazardous liquids and gases means a facility or site engaged in the storage and handling of flammable or otherwise hazardous materials, liquids, waste, or gasses.

Storage yard means a site primarily used for the keeping, in an outdoor area, of any goods, equipment, personal property, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. The term shall not include salvage yard or accessory outdoor storage.

Warehouse, enclosed storage, or truck terminal means an establishment primarily engaged in the receipt, transfer, storage, or dispatch of goods transported by heavy truck. Warehousing and storage occurs in an enclosed building designed and used primarily for the storage of goods and materials.

Wholesale means an establishment primarily engaged in the sale of goods and merchandise for resale instead of for direct consumption. Direct retail sales may occur as an accessory activity but may not account for more than twenty-five percent (25%) of the internal gross floor area.

Utilities

Uses including 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 public services at a local level. Specific use types include:

Small cell facility means a wireless communications facility that meets both of the following qualifications:

a.

Each antenna is located inside an enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and

b.

Primary equipment enclosures are no larger than seventeen (17) cubic feet in volume as measured on the exterior surface of the enclosure. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: Electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

Utility, major means a facility used to convert electric power, natural gas, telephone signals, cable/fiber optic communications, and water services from a form appropriate for transmission over long distances to a form appropriate for residential household or commercial use, or vice versa. This use includes, but is not limited to: electric substations, natural gas regulator stations, telephone switching stations, water pressure control facilities, and sewage lift stations, regional storm water drainage facilities, and water and sewer treatment facilities. Major public utilities are of a size and scale found only in scattered sites throughout the City.

Utility, minor means a facility used to convert electric power, natural gas, telephone signals, cable/fiber optic communications, and water services from a form appropriate for transmission over long distances to a form appropriate for residential household or commercial use, or vice versa. This use includes, but is not limited to: water storage tanks, minor storm water drainage facilities, utility transmission, and minor renewable energy systems. Minor public utilities are of a size and scale commonly found in all areas of the City.

Wireless communications facility means a facility used to provide personal wireless services as defined in 47 U.S.C. § 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building used for serving that building only. A WCF includes antennas (including, without limitation, directions, omni-directions, and parabolic antennas), base stations, transmission equipment, small cell facilities, towers, and support equipment. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or handheld radios and their associated transmitting antennas.

Accessory Uses

A use that is incidental and subordinate to the primary use of the lot, building, or another structure on the same lot. An accessory use/structure cannot exist without a primary use/structure already on the same lot. Specific use types include:

Accessory dwelling unit (ADU) means a residential dwelling unit located on the same lot as a principal dwelling unit and subordinate to that principal unit in conditioned living space. It may be internal to, attached to, or detached from the principal dwelling and must be subordinate in size and use.

An ADU shall include permanent provisions for living, sleeping, cooking, and sanitation. A unit is presumed to be an ADU if it contains all of the following:

a.

A separate exterior or interior entrance with lockable door;

b.

Sleeping area(s) suitable for overnight occupancy;

c.

A bathroom with a toilet and bathing facility; and

d.

A kitchen or kitchenette with a sink and cooking appliance or electrical outlet intended to support one (1).

The determination of whether a structure or portion of a structure is an ADU shall be based on its design and actual or intended use, regardless of the terminology used in permit applications or other documentation. Any structure or space meeting the functional criteria above shall be treated as an ADU for all purposes under this Code.

If, during permit review, inspection, or enforcement, a structure is determined to meet the definition of an accessory dwelling unit above, it shall be subject to all applicable requirements of this Code, including, but not limited to, system development fees, parking requirements, dimensional standards, and use restrictions.

The designation and regulation of a unit as an ADU shall apply regardless of whether the applicant or property owner identified it as such.

Downtown street patio means an outdoor dining area or other defined seating area within the public right-of-way, generally used to serve patrons with food and beverages but also other potential uses. This use does not include outdoor vendor.

Drive through means a feature of a primary use which provides such products and services as, but not limited to, food, beverages, or financial services, to customers in vehicles.

Home occupation means a business, occupation, or trade conducted as an accessory use entirely within a primary residential building or accessory structure. The occupation is clearly incidental, secondary, and in addition to the use of the structure for dwelling purposes and is managed such that it does not change the character of the dwelling or adversely affect surrounding properties. Employment of the business shall include a resident of the dwelling but may include up to two (2) employees residing off-premises and may serve no more clients than employees at a time on the premises.

Outdoor retail and display means the outdoor sale and display area of retail goods, produce, plants, handcrafts, and the like conducted on the same lot or parcel as the principal business with which such activities are associated. This use does not include mobile food vending.

Outdoor storage, accessory means the incidental keeping of goods, materials, or equipment of any nature that are not kept in a structure having at least four (4) walls and a roof. New or used motor vehicle sales and rental display and parking shall not be defined as outside storage. The term shall not include manufactured home and recreational vehicle sales and service, vehicle sales and service, salvage yard, or storage yard. Not meant for customer access.

Sale of produce and plants raised on premises means a sales kiosk or stand of locally grown food crops, ornamental crops such as flowers, and goods that is located at the site of a community garden or agricultural property and operates during the time of year coinciding with the growing season. This use shall not include any marijuana-related use.

Tiny home means as defined pursuant to CRS § 24-32-3302(35), a structure, designed or commonly used for residential occupancy, that is constructed or assembled in a factory or at a location other than the final site of installation, and is less than four hundred (400) square feet in total area, excluding lofts.

Temporary Uses

Construction support activity means a temporary building located at a construction site that serves only as an office or for security purposes until the given construction work is completed. Not to be used for residential purposes.

Outdoor vendor means a temporary use on public or private property that provides retail sales, food and beverage service, or other commercial uses that occur in vehicles, towed trailers, impermanent structures, or land used for seasonal or temporary sales, including, but not limited to: food trucks, fireworks stands, artisan booths, farm stands, farmers' markets, holiday tree sales, etc. This definition shall not include yard sales, children's lemonade stands, catering for events, outdoor accessory sales of an existing business established on the property, or those commercial activities conducted by non-profit organizations for less than two (2) days in a calendar month.

Temporary special event means a temporary use on public or private property that lasts no more than four (4) days per calendar year and extends beyond the normal uses and standards allowed by this Code. "Special events" include, but are not limited to, fundraising activities, educational, historic, religious, and patriotic displays or exhibits, circuses, amusements, outdoor concerts, festivals, revivals, street fairs, outdoor arts and crafts fairs, and other organized community events.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

Unless specifically defined below, words or phrases used in Subsection 16-4-20(c), Floodplain, shall be interpreted to give them the meaning they have in common usage and to give this Section its most reasonable application.

Addition means an activity that expands the enclosed footprint or increases the square footage of an existing structure.

Base flood elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent (1%) chance of equaling or exceeding that level in any given year.

Basement means any area of a building having its floor sub-grade (below ground level) on all sides.

Channel means the physical confine of stream or waterway consisting of a bed and stream banks, existing in a variety of geometries.

Channelization means the artificial creation, enlargement, or realignment of a stream channel.

Conditional letter of map revisions (CLOMR) means FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.

Critical facility means a structure or related infrastructure, but not the land on which it is situated, as specified in Subsection 16-4-20(c)(6)i., Standards for Critical Facilities, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.

Development means any manmade change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Digital flood insurance rate map (DFIRM) means a FEMA digital floodplain map. These digital maps serve as "regulatory floodplain maps" for insurance and floodplain management purposes.

Elevated building means a non-basement building (i) built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Five hundred-year flood means a flood having a recurrence interval that has a 0.2 percent chance of being equaled or exceeded during any given year (0.2 percent-chance-annual-flood). The term does not imply that the flood will necessarily happen once every five hundred (500) years.

Five hundred-year floodplain means the area of land susceptible to being inundated as a result of the occurrence of a five hundred-year flood.

Flood, or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1.

The overflow of water from channels and reservoir spillways;

2.

The unusual and rapid accumulation or runoff of surface waters from any source; or

3.

Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas (such as earth carried by a current of water and deposited along the path of the current).

Flood control structure means a physical structure designed and built expressly or partially for the purpose of reducing, redirecting, or guiding flood flows along a particular waterway. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

Flood insurance study (FIS) means the official report provided by the Federal Emergency Management Agency. The report contains the flood insurance rate map as well as flood profiles for studied flooding sources that can be used to determine base flood elevations for some areas.

Floodplain, or flood-prone area means any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir.

Floodplain administrator means the City Administrator or designee, who shall administer and enforce the floodplain management regulations.

Floodplain development permit means a permit required before construction or development begins within any special flood hazard area (SFHA). If FEMA has not defined the SFHA within a community, the community shall require permits for all proposed construction or other development in the community including the placement of manufactured homes, so that it may determine whether such construction or other development is proposed within flood-prone areas. Permits are required to ensure that proposed development projects meet the requirements of the NFIP and these floodplain management regulations.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Floodproofing means any combination of structural and/or non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway (regulatory floodway) means the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The Colorado statewide standard for the designated height to be used for all newly studied reaches shall be one (1) foot (twelve (12) inches). Letters of map revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation.

Freeboard means the vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed.

Functionally dependent use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Historic structure means any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Letter of map revision (LOMR) means FEMA's official revision of an effective flood insurance rate map (FIRM), or flood boundary and floodway map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA).

Letter of map revision based on fill (LOMR-F) means FEMA's modification of the special flood hazard area (SFHA) shown on the flood insurance rate map (FIRM) based on the placement of fill outside the existing regulatory floodway.

Levee means a manmade embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. For a levee structure to be reflected on the FEMA FIRMs as providing flood protection, the levee structure must meet the requirements set forth in 44 CFR 65.10.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any combination thereof. This includes any floor that could be converted to such a use such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.

Manufactured home means a structure transportable in one (1) or more sections, which is built to HUD-code on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Material safety data sheet (MSDS) means a form with data regarding the properties of a particular substance. An important component of product stewardship and workplace safety, it is intended to provide workers and emergency personnel with procedures for handling or working with that substance in a safe manner, and includes information such as physical data (melting point, boiling point, flash point, etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill-handling procedures.

Mean sea level, for purposes of the National Flood Insurance Program, means the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

National Flood Insurance Program (NFIP) means FEMA's program of flood insurance coverage and floodplain management administered in conjunction with the Robert T. Stafford Relief and Emergency Assistance Act. The NFIP has applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations. The U.S. Congress established the NFIP in 1968 with the passage of the National Flood Insurance Act of 1968.

No-rise certification means a record of the results of an engineering analysis conducted to determine whether a project will increase flood heights in a floodway. A no-rise certification must be supported by technical data and signed by a registered Colorado professional engineer. The supporting technical data should be based on the standard step-backwater computer model used to develop the one hundred-year floodway shown on the flood insurance rate map (FIRM) or flood boundary and floodway map (FBFM).

One hundred-year flood means a flood having a recurrence interval that has a one percent (1%) chance of being equaled or exceeded during any given year (one percent (1%) annual chance flood). The terms "one hundred-year flood" and "one percent (1%) chance flood" are synonymous with the term "one hundred-year flood." The term does not imply that the flood will necessarily happen once every one hundred (100) years.

One hundred-year floodplain means the area of land susceptible to being inundated as a result of the occurrence of a one hundred-year flood.

Physical map revision (PMR) means FEMA's action whereby one (1) or more map panels are physically revised and republished. A PMR is used to change flood risk zones, floodplain and/or floodway delineations, flood elevations, and/or planimetric features.

Recreational vehicle means a vehicle that is:

1.

Built on a single chassis;

2.

Four hundred (400) square feet or less when measured at the largest horizontal projections;

3.

Designed to be self-propelled or permanently towable by a light duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Special flood hazard area means the land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year, i.e., the one hundred-year floodplain.

Structure means a walled and roofed building, including a gas or liquid storage tank, which is principally above ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure just prior to when the damage occurred.

Substantial improvement means the reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before "start of construction" of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or

2.

Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Threshold planning quantity (TPQ) means a quantity designated for each chemical on the list of extremely hazardous substances that triggers notification by facilities to the State that such facilities are subject to emergency planning requirements.

Water surface elevation means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

Adjacent lots means two (2) or more lots that are separated only by an alley, easement, street, or other right-of-way.

Adjoining lots means lots that are directly contiguous and not separated by an alley, street, or other right-of-way.

Administrator means the Administrator of the City, or their designee.

Annexation means the process of incorporating an unincorporated portion of Chaffee County into the boundaries of the City pursuant to the Municipal Annexation Act of 1965, CRS § 31-12-101 et seq., and in accordance with the procedures in Subsection 16-8-40(d).

Applicant means a person who submits a development application requesting approval of a permit or other permission authorized by this Chapter.

Articulation means the stepping and recessing of external walls of a building in plan and in section.

Awning means a shelter supported entirely from the exterior wall of a building and composed of nonrigid materials except for the supporting framework.

Base station means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The definition of base station does not include or encompass a tower as defined herein or any equipment associated with a tower. Base station does include, without limitation:

a.

Equipment associated with wireless communications services such as private broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul that, at the time the relevant application is filed with the City, has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

b.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplied, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small-cell networks) that, at the time the relevant application is filed with the City, has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

Block means a unit of land bounded by streets or by a combination of streets and parks, open spaces, rights-of-way, waterways, or any other barrier to the continuity of development. If the boundaries of a block are unclear, the Director shall make that determination.

Board of Adjustment means the Board of Adjustment for the City of Salida.

Building means any structure used or intended for supporting or sheltering any use or occupancy in accordance with the building codes as adopted by the City.

Building official means the local government officer or agency charged with the responsibility of issuing construction and demolition permits and generally enforcing the provisions of the Building Code.

Camouflage or camouflage design techniques means measures used in the design and siting of wireless communications facilities (WCFs) with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A WCF site utilizes camouflage design techniques when it (i) is integrated as an architectural feature of an existing structure, or (ii) is integrated in an outdoor fixture such as a flagpole, while still appearing to some extent as a WCF. This definition does not include concealment design techniques where a facility is designed to look like something other than a WCF.

Certificate of approval or CA means the official document/permit issued by the Director approving and/or concerning, without limitation, the erection, moving, demolition, renovation, rehabilitation, remodeling, restoration, reconstruction, repair, or alteration of any historic landmark building, site or structure, or any building, site or structure within a designated historic district.

City Council means the City Council of the City of Salida.

Comprehensive plan means that plan and amendments to that plan for the City that provides objectives, guiding principles, and recommended actions to guide the current and long-range development of the City.

Concealment or concealment design techniques means utilization of elements of stealth design in a facility such that the facility looks like something other than a WCF. Concealment can further include a design which mimics and is consistent with the nearby natural or architectural features (such as an artificial tree), is incorporated into existing permitted facilities (such as being attached to the exterior of such facility and painted to match it), or replaces existing permitted facilities (such as traffic signs or freestanding light standards) so that the presence of the WCF is not apparent. This definition does not include conditions that merely minimize visual impact but do not incorporate concealment design techniques such that the facility looks like something other than a WCF.

Conditional use approval means the procedure to evaluate and approve a use that is generally compatible with the other uses permitted in a zoning district, but that requires site-specific review of its location, design, configuration, density, intensity, and operating characteristics, and may require the imposition of appropriate conditions in order to ensure compatibility of the use at a particular location, to mitigate its potentially adverse impacts and to ensure that it complies with all of the standards of this Chapter.

Condominium means a common interest community in which portions of the real estate are designated for separate ownership and the remainder of which 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 unit means a physical portion of a common interest community that is designated for separate ownership or occupancy and the boundaries of which are described or determined in the declaration. Does not include uses accessory to residential or commercial use, such as parking.

Construction plans means technical engineered drawings demonstrating compliance with this Chapter, the building code, and the City's Standard Specifications for Construction and Design Criteria Manual.

Demolition means the total or partial destruction, disassembly, damage, razing, or tearing down of a structure or any portion of a structure. The term includes the removal of any material constituting part of the structure other than for purposes of ordinary maintenance or repair, which removal affects the exterior appearance of the structure or that reduces the stability or longevity of the structure. The term excludes the sudden or cataclysmic destruction of or damage to a structure due to acts of nature, including fire, earthquake, wind, excessive snow load, or flood.

Demolition by neglect means any total or partial destruction of or damage to a structure, or any portion of a structure, due to the failure of the owner or lessee to adequately maintain or repair the structure.

Design standards means local, State, or national criteria, specifications, or requirements referenced within this Chapter and used for the design of public or private infrastructure.

Developer means any person who participates in any manner in the improvements or development of land as owner, subdivider, or in any other capacity.

Development means the construction, reconstruction, conversion, alteration, relocation, or enlargement of any building or structure; any mining, logging, excavation, or land disturbance; or any use or extensions of a use that alters the character of the property.

Development permit approval means a permit issued by the City that certifies that a proposed development has undergone and completed the required development review procedures in accordance with Section 16-8-50. The development approval may include one (1) or more conditions, which conditions shall apply to any future development or use of the land, regardless of ownership changes, unless a new development permit is obtained.

Director means the Community Development Director of the City, or their designee.

Dwelling unit means a building or a portion of a building containing one (1) room, or several rooms connected together, including a separate bathroom and no more than one (1) kitchen, constituting a separate independent housekeeping establishment for owner occupancy, or rental or lease on a monthly or shorter or longer basis, physically separated from any other rooms or dwelling units which may be in the same structure.

Eligible facilities request means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station involving:

a.

Collocation of new transmission equipment;

b.

Removal of transmission equipment; or

c.

Replacement of transmission equipment.

A request for modification of an existing tower or base station that does not comply with the generally applicable building, structural, electrical, and safety codes or with other laws codifying objective standards reasonably related to health and safety, or does not comply with any relevant federal requirements, is not an eligible facilities request.

Eligible support structure means any tower or base station, as defined herein, provided that it is existing at the time the relevant application is filed with the City.

Facade means a structure's vertical and horizontal dimensions as viewed in the elevation view. Also referred to as the "vertical surface area."

Facade variation means shifts in the plane of walls, setbacks, reveals, overhangs, and fenestration, in order to create variations within a building's facade.

Fenestration means the openings in a building's facade, such as doors, skylights, and windows.

FHAA means the Federal Fair Housing Amendments Act of 1988.

Fixture height means the height of the light fixture shall be the vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture.

Fully shielded means light fixtures shielded or constructed so that no light rays are directly emitted by the installed fixture at angles above the horizontal plane. The fixture must also be properly installed to effectively down direct light in order to conform with the definition. Meeting "dark sky" requirements.

Glare means the visual sensation created by luminance (or brightness) that is significantly higher than the surrounding luminance that the eyes are adapted to, causing annoyance, discomfort, or loss in visual performance and visibility (disability glare).

Light pollution means stray and uncontrolled light, directly from a luminaire or reflected from a surface, that missed its target. Light emitted upward increasing skyglow is an example.

Light trespass means measurable light extending beyond the boundary of its intended use, including beyond property lines, without permission.

Lot means a portion or parcel of land (whether a portion of a platted subdivision or otherwise) vacant, occupied, or intended to be occupied by a building or use and its accessories, together with such yards, as are required under the provisions of this Chapter, having not less than the minimum area and off-street parking spaces required by this Chapter for a lot in the zoning district in which it is situated, and having frontage on any improved public street or on an approved private street.

Lot area means the number of square feet included within the boundaries of the lot, measured on a horizontal plane upon which the boundaries have been vertically projected.

Maximum extent practicable means the degree to which a project meets an adopted standard in which all possible efforts to comply with the standard or to minimize harmful or adverse impacts have been undertaken by the applicant, but full compliance cannot be achieved, and no feasible or practical alternative exists. Economic considerations may be taken into account but shall not be the overriding factor.

Minor modification means a development approval authorizing limited deviations from certain dimensional and numerical provisions of this Chapter subject to the procedures in Subsection 16-8-70(b).

Nonconforming lot means any lot that was lawfully established pursuant to the zoning and building regulations in effect at the time of its development, but that does not conform to the standards of this Chapter for the zoning district in which the lot is located regarding minimum lot size or minimum lot frontage.

Nonconforming site feature means any site feature that was lawfully established pursuant to the zoning and building regulations in effect at the time of its development, but that does not comply with the standards of this Chapter for the zoning district in which the structure is located regarding driveways, off-street parking or loading areas, landscaping, buffer, screening, exterior lighting, or other site improvements.

Nonconforming structure means any structure that was lawfully established pursuant to the zoning and building regulations in effect at the time of its development, but that does not comply with the standards of this Chapter for the zoning district in which the structure is located regarding minimum setbacks, maximum height, maximum lot coverage, density or other district dimensional standards.

Nonconforming use means any use of a structure or land that was lawfully established pursuant to the zoning and building regulations in effect at the time of its development, but which use is not designated in this Chapter as a permitted or conditional use in the zoning district in which the use is located.

Overlay zone means a zoning district that encompasses one (1) or more underlying zones and that imposes additional requirements beyond those required for the underlying zoning district.

Owner means a person, firm, association, syndicate, joint venture, partnership, governmental unit, or corporation holding fee simple title to property.

Parcel. See lot.

Permitted use means a use that is allowed in a zoning district, subject to the restrictions applicable to that zoning district and all of the standards of this Chapter.

Planned development (PD) means a development designed to accommodate varied types of development in patterns or layouts or incorporating a variety of use types or development features not otherwise permitted by this Chapter in a base zoning district. Planned Developments are permitted via an overlay zone and are intended to provide additional benefit to the City in return for added flexibility and are negotiated through the rezoning to PD procedures in Subsection 16-8-40(b).

Planning Commission means the Planning Commission of the City of Salida.

Plat means a map delineating the subdivision of land, commonly showing lots, blocks, streets, and other features relevant to the development of land pursuant to this Chapter, along with other required sections and signature blocks.

Primary use means the primary purpose or function for which a lot, structure, or building is intended, designed, or constructed, or the activity which is carried out within said lot, structure, or building.

Prohibited use means a use that is not permitted in a zoning district.

Public Works Director means the Public Works Director of the City or their designee.

Rain garden means a depressed area in the landscape that collects rainwater from a roof, driveway, street, or parking area and allows it to soak into the ground.

Right-of-way means any area of land, including surface, overhead, or underground, granted by deed, easement, dedication, prescription, or lease, for construction and maintenance according to designated use, such as for streets and highways, parkways and sidewalks, drainage, irrigation, utilities, and other public services and improvements.

RLUIPA means the Religious Land Use and Institutionalized Persons Act of 2000.

Sign

Awning sign means a type of wall sign that is painted, stitched, sewn, or stained onto the surface of an awning.

Canopy sign means a type of wall sign that is permanently affixed to a roofed shelter attached to and supported by a building, by columns extending from the ground or by a combination of a building and columns.

Digital sign means any sign that uses electronic or digital technology to display text, images, or video, and can change its message or content electronically.

Externally illuminated sign means a sign that is lighted from an external source.

Ground sign means a freestanding sign where the entire sign is in contact with the ground (i.e. no poles). Ground signs are also referred to as "monument signs."

Internally illuminated sign means a sign that is lighted from an internal source, including signs that are lighted from fixtures attached to the structure of the sign such as light tubes or exposed neon tube lighting. Does not include digital signs.

Monument sign. See ground sign.

Mural means a painted image located on a building wall.

Neon sign means an internally illuminated sign that utilizes gas-filled tubes.

Nonconforming sign means a sign that was lawfully established pursuant to the Code in effect at the time of its erection, but which does not conform to the standards of this Code as currently adopted.

Pole sign means a freestanding sign being supported by a pole or poles and otherwise separated from the ground by air.

Projecting sign means a sign structurally supported by a building wall and projecting from the surface of the building or wall.

Roof sign means a sign which is erected, placed, or maintained, in whole or in part, upon, against, or directly above the roof, or which projects above the eaves of a pitched roof or above the walls of a flat roof.

Sandwich board sign. See sidewalk sign.

Sidewalk sign means an advertising or business ground sign constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top; each angular face held at an appropriate distance by a supporting member.

Temporary sign means a sign, attention-attracting device, or advertising display constructed of cloth, vinyl, canvas, fabric, plywood, or other light material that is intended for display for less than ninety (90) days per calendar year.

Window sign means a sign that is painted on, applied, or attached to a window that can be read through the window.

Wall sign means a permanent sign that is painted on, incorporated into, hanging from, or affixed to the building wall, in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign.

Site plan means a plan drawn to scale showing the uses and structures existing (and whether to remain or be removed) and those newly proposed for a lot. This definition also includes the evaluation of site plans in accordance with the procedures in Subsection 16-8-50(a) (minor site plans) and Subsection 16-8-50(b) (major site plans).

Site-specific development plan means a plan that has been submitted to the City by a developer describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property, which plan shall create a vested property right in accordance with state law and the procedures in Subsection 16-8-30(h).

Staff means an employee of the Community Development Department or other department of the City.

Structural alteration means an addition to or subtraction of parts from a structure, including walls, columns, beams, girders, foundation, doors, windows, or roof.

Structure means any manmade item constructed or erected, that requires location on the ground or attached to something having a location on the ground, including, but not limited to, certain signs, buildings, and fences. Porches, slabs, patios, decks, walks, and steps that are uncovered and do not exceed thirty (30) inches above grade are excluded from this definition.

Subdivision means the legal division of a lot, tract, or parcel of land into two (2) or more lots, plats, sites, units, or other divisions of land for the purpose, whether immediate or future, of sale, transfer of ownership or building development; and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

Substantial change means a modification substantially changes the physical dimensions of an eligible support structure if, after the modification, the structure meets any of the following criteria:

a.

For towers, other than towers in the right-of-way, it increases the height of the tower by more than ten percent (10%) or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater, as measured from the top of an existing antenna to the bottom of a proposed new antenna; for other eligible support structures, including towers, in the right-of-way, it increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater, as measured from the top of an existing antenna to the bottom of a proposed new antenna;

b.

For towers, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

c.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, as determined on a case-by-case basis based on the location of the eligible support structure but not to exceed four (4) cabinets per application; or for base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure;

d.

For any eligible support structure, it entails any excavation or deployment outside the current site;

e.

For any eligible support structure, it would defeat the concealment elements of the eligible support structure by causing a reasonable person to view the structure's intended stealth design as no longer effective;

f.

For any eligible support structure, it does not comply with the conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in Subsections (a), (b), and (c) of this definition.

For purposes of determining whether a substantial change exists, changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally, such as on building rooftops; in other circumstances, changes in height are measured from the dimensions of the tower or base station.

Tower means any structure that is designed and built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. The term includes radio and television transmission towers, self-supporting lattice towers, guy towers, monopoles, microwave towers, common carrier towers, cellular telephone towers, and other similar facilities. Small cell facilities in rights-of-way are not towers.

Tract means an area, parcel, site, piece of land, or property that is the subject of a development application. For subdivisions, the term is used for units of land created for and limited by deed restriction or dedication to a specific use, including access, utilities, open space, or community amenities and resources.

Transmission equipment means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Variance means an authorization of deviation from the standards of this Chapter where strict application of this Chapter results in a hardship due to circumstances of the lot and that is evaluated and decided in accordance with the procedures in Subsection 16-8-70(a).

Vested property rights means the right to undertake and complete development and use of property under the terms and conditions of a site-specific development plan in accordance with State law and the procedures in Subsection 16-8-30(h).

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)