For the purpose of this title, certain words or terms used in this title are defined as set out in this chapter.

(Ord. 3-05 (part): Ord. 13-80 § 13.02 (part))

"Accessory storage building or structure" means a subordinate building, the use of which is customarily incidental to that of the principal use of the land and which is located on the same lot or parcel with the principal building or use. Accessory buildings shall not be provided with a kitchen or bath facilities sufficient to render them suitable for permanent residential occupancy (except to permit the installation of an additional dwelling unit where allowable by code and upon following applicable building codes). An accessory building may include a garage, carport or storage facility, and shall be located in the rear yard only, unless the proposed accessory building has an area of less than one hundred square feet, in which case such accessory building may be located in the side yard if completely screened by an adequately sized opaque fence.

(Ord. 3-05 (part))

"Accessory use" means a use that is naturally and normally incidental to, subordinate to and devoted exclusively to the principal use of the premises and does not change the basic character thereof, as determined by the principal use. Accessory uses may include employee units, manager's unit and parking, but shall not include any use that is prohibited or requires a special use permit in the underlying zone district, such as outside storage.

(Ord. 3-05 (part): Ord. 13-80 § 13.02 (38))

"Additional dwelling unit" or "ADU" means an area attached to or within a single-family attached or detached dwelling (single-family or duplex structure), or above or below a detached garage, that is located on a lot zoned for a single-family dwellings, and which is clearly incidental in size to the main single-family use. The ADU shall not be separately conveyable from the primary structure, either by subdivision or by condominiumization. The ADU shall be subject to all applicable building and zoning codes, and in no case shall the ADU floor area exceed one-half the size of the main dwelling floor area, or one thousand (1,000) square feet, whichever is less. Additional dwelling units, when established, shall be considered as such whether vacant or occupied. An additional dwelling unit shall contain a kitchen with a refrigerator, sink, range and/or oven, sanitation and sleeping facilities. Cooking facilities shall not be limited to just a hot plate and/or microwave oven. Sanitation facilities shall include a bathroom with bathtub and/or shower.

(Ord. 3-05 (part))

"Adult entertainment business" means adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult novelty store, model studio, peep booth, or sexual encounter establishment as described in Chapter 17.74. Each of these individual enterprises shall constitute a separate adult entertainment business even if operated in conjunction with another adult entertainment business at the same establishment.

(Ord. 3-05 (part))

"Alley" means a public vehicular way which affords a secondary means of vehicular access to abutting property and which is not intended for general traffic circulation. All alleys within the town are also utility easements.

(Ord. 3-05 (part))

Animal hospital, clinic or kennel for small animals means a professional business providing veterinary or accommodations for small domestic animals not exceeding one hundred and fifty pounds. Such an establishment shall have no outside runs and does not allow the breeding of animals.

(Ord. 3-05 (part))

"Antenna reception or transmission device" means a structure or device for the reception and/or transmission of aerial or satellite signals, including television signals, AM or FM radio signals, telemetry signals, data communication signals using free air space as a medium, whether for commercial or private use, but excluding any device that is less than one (1) meter in diameter or diagonal measurement, and excluding an antenna that is designed solely to receive television broadcast signals.

(Ord. 3-05 (part))

"Solar energy system" means an energy system that consists of one or more solar collection devices, solar energy related 'balance of system' equipment, and other associated infrastructure with the primary intention of generating electricity, storing electricity, or otherwise converting solar energy to a different form of energy; such systems may generate energy in excess of the energy requirements of a property if it is to be sold back to a public utility accordance with the law.

(Ord. No. 2-2019, § 1, 6-24-2019)

"Antique vehicle" means a motor vehicle that is:

A.

At least twenty-five years old; and

B.

Specially registered and displays a special registration plate pursuant to Section 42-3-128, C.R.S. 1973.

(Ord. 3-05 (part): Ord. 13-80 § 13.02 (2))

"Apartment" means a room or suite of rooms in a multiple dwelling structure used or designed for occupancy by a single family, including sanitation facilities and a kitchen.

(Ord. 3-05 (part))

"Association" means a group of owners formed to further the common interests of some or all of the owners of property, who are members of the association.

(Ord. 3-05 (part))

"Automobile parking facilities, structures or lots" are those areas (public or private) designated for daily storage of customer and/or employee vehicles servicing a business or businesses. The minimum size and composition of such parking lot shall be calculated per Chapters 17.42 and 17.52, or any other pertinent section of the Silt Municipal Code.

(Ord. 3-05 (part))

"Awning" means a roof-like cover that projects from a structure for the purpose of shielding a doorway or window from the elements. An awning may be capable of being retracted into the face of the building, but in any case may not encroach on adjacent private property for any reason, or public property without written permission by the town.

(Ord. 3-05 (part))

"Basement" means any floor of a building located in a manner that at least fifty percent (50%) of its floor to ceiling height for each wall is below grade, as defined herein. The percent calculated shall be based on wall area for each wall.

(Ord. 3-05 (part))

"Bed and breakfast establishment" means any principal building containing five or fewer guest rooms where rent is paid for residential occupancy by guests for periods of less than thirty (30) days and for which a meal or meals are served each day of operation.

(Ord. 3-05 (part))

"Bedroom" means any sleeping room within a dwelling unit that contains closet space and has access to bathroom facilities, and further has all those features as determined by the building code as adopted by the town. Dens, family rooms or recreational rooms shall be considered bedrooms if determined to meet this definition.

(Ord. 3-05 (part))

"Building" means any permanent structure supported by columns and walls (as defined by the town's building code) and built for the shelter or enclosure of persons, animals or property of any kind.

(Ord. 3-05 (part): Ord. 13-80 § 13.01 (part))

"Building height" means the height of a structure which shall be measured vertically at any cross section of the building from the original grade to the highest point of a flat roof or parapet, or to the midpoint of the highest gable of a pitched roof, at that cross section. The cross section shall be taken through the building on an axis generally parallel to the prevailing topographic contour lines, as determined by the town. In cases where, due to building design, topography or orientation of the building on the site, this definition does not yield a clear indication of building height, the building official or his designee may require additional information and elevations, and may apply the criteria for the highest point of a pitched roof where no midpoint of a pitched roof can be established along a specific cross section. This building height definition applies to all rooftop appliances and mechanical devices, but does not apply to solar or photovoltaic systems, which can be up to ten feet higher than the maximum building height in the zone district.

(Ord. 3-05 (part))

(Ord. No. 2-2019, § 2, 6-24-2019)

"Building setback" means an open space on private property (but not in an alley or street), unoccupied and unobstructed by any buildings or above or below-grade related structures, except as otherwise provided in this code.

(Ord. 3-05 (part))

"Building site or envelope" means that portion of a lot or parcel, excluding all required yard areas, designated as the area within which a building or structure may be erected and within which other site disturbance may occur.

(Ord. 3-05 (part))

"Business" includes all kinds of vocations, occupations, professions, enterprises, establishments and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly, within the town. A non-profit establishment that generates sales tax shall be considered a business for purposes of this section.

(Ord. 3-05 (part))

"Child care facility (commercial)" or "large home daycare" means the regular care and supervision of ten or more children at any time within a residential dwelling or upon a commercial property. The children are not necessarily related to the inhabitants of the dwelling or to each other, and compensation may or may not be provided for such services. The home or commercial establishment and provider shall be licensed as a childcare facility following application to and inspection by the State of Colorado. Large daycare homes of ten to 12 children, when approved by the State of Colorado in a residential zone district, shall apply for and receive a special use permit before operation.

(Ord. 3-05 (part))

"Church" means a place of religious worship and/or institution that people regularly attend to participate in or hold religious services, meetings and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

(Ord. 3-05 (part))

"Commercial gross floor area" means the sum of the horizontal area within or outside a structure, intended expressly for the operation of a business and incorporating all those appurtenant facilities, such as entryways, patios, and decks, that are used by employees, customers, delivery personnel, and the public, and as measured as described in the building code adopted by the town. Such commercial gross floor area shall not include areas specifically designed and used for mechanical equipment to operate the building, stairways, elevators, common hallways, common lobbies, common restrooms, areas designed and used for parking, areas designed and used as storage which do not have direct access to an individual office or retail store, not to exceed five percent of the total proposed net floor area for office and not to exceed eight percent of the total proposed net floor area for retail, with regards to parking requirements.

(Ord. No. 1-2015, § 1, 4-27-2015)

"Compact parking space" means an area of permanent surface (asphalt, concrete, or other material as determined by the town administrator or his designee), of not less than eight feet by 18 feet. The town may approve up to 20 percent of the required parking (for each use) as compact parking spaces, upon a site plan review for commercial or multi-family structures only, and with the requirement that such spaces be marked or designated as such.

(Ord. 3-05 (part): Ord. 16-03 § 1 (part))

"Comprehensive plan" means a master plan prepared and adopted by the town, indicating the planned physical development of the town and containing the information required by Section 31-23-206, as amended. The comprehensive plan is a compendium of reports, charts, graphs, drawings, maps or plans as may be adopted, or any portion thereof or any amendment thereto, that set forth recommendations and policies for guiding future growth and development, while providing for the public's health, safety and general welfare. The Town of Silt Comprehensive plan was adopted by the town planning and zoning commission and the board of trustees in 1996, with further revisions as set forth by resolution.

(Ord. 3-05 (part): Ord. 30-00 § 2; Ord. 22-97 (part); Ord. 12-82 (part); Ord. 15-79 §§ 2-2.21, 2.23, 2.25—2.41)

"Condominium map" means a survey description or map of a condominium interest in a structure for the purpose of title conveyance. The condominium map or plat may show, among other things, the condominium units, general common elements, limited common elements, and/or the boundaries of the project.

(Ord. 3-05 (part))

"Condominiumization" means the process by which condominium units are created in a property previously owned in total by one individual, partnership, corporation, joint venture or other legal entity.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(5)(a))

"Condominium complex" means a multifamily residential building consisting of condominium units.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(5)(a))

"Condominium unit" means an individual air space unit together with the interest in the common elements appurtenant to such unit, as defined and recognized by the Colorado Common Interest Ownership Act. A condominium unit shall not include single-family units with attached or detached additional dwelling units.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(5)(b))

"Cul-de-sac" means a local street terminating in a vehicular turnaround with a radius no less than fifty-five (55) feet, where no parking or blocking of any kind is allowed.

(Ord. 3-05 (part))

"Customary incidental home occupation" means a use conducted on a residential property within town limits that meets the requirements of this section. A home occupation is customary, incidental and allowed in any residential zone district of the town, provided that:

A.

The home occupation is conducted by the property's occupants and by no more than one and one-half (1½) full-time equivalent employees (based upon a two thousand eighty hour work year); however, home daycares of nine (9) or fewer children may have two full-time equivalent employees, and large daycare homes of ten (10) to twelve (12) children may have two and one-half full-time equivalent employees (based on a two thousand eighty hour work year);

B.

The home occupation is clearly incidental and secondary to the residential use of the primary dwelling on the property and does not change the residential character of the dwelling;

C.

Any retail sales or display associated with the home occupation are not visible from the exterior of the home. Daycare homes may have displays associated with the care of children, such as toys and/or playground equipment;

D.

Storage associated with the home occupation is not visible from any public right-of-way abutting or adjoining the property upon which the home occupation exists;

E.

Storage for the home occupation does not exceed ten (10) percent of the total property area up to a maximum of six hundred (600) square feet;

F.

Any materials associated with the home occupation that are classified as explosive, flammable, corrosive, or classified as hazardous materials by the EPA are registered with the Garfield County 911 emergency communications organization, and all such classified materials are stored, handled, used or disposed of in accordance with all applicable municipal, state and federal regulations;

G.

No more than twenty-five (25) percent of the total floor space of any structure on such property is used for the home occupation, except home daycares, which may utilize as much of the total floor space as needed according to state regulations, or for the acceptable care of the children as determined by the provider;

H.

The property owner or renter with owner consent obtains a business license from the town before using the property for a home occupation and renews the business license annually;

I.

The home occupation conforms to any commercial and industrial performance standards in this code;

J.

The home occupation shall conform to all applicable provisions of the Silt Municipal Code; and

K.

Customary incidental home occupations must be reviewed by the planning department before any issuance of a business license by the town clerk. This review will guarantee conformance with the zoning regulations, as well as performance standards in this code.

No more than two customary incidental home occupations shall exist on one property. All home occupations on a property are limited by the requirements in this section. By way of example only, two (2) home occupations existing on a property may, combined, have no more than one and one-half (1½) full-time employees and may use no more than twenty-five (25) percent of the total floor space of any structure on the property. Home daycares may have up to two and one-half (2½) full-time employees and may use one hundred (100) percent of the total floor space of any structure on the property for the daycare, in conformance with county and state regulations. Notwithstanding any combination of home occupations, each and every home occupation must be licensed, as required by this section, including those professions that are licensed by the State of Colorado.

(Ord. 3-05 (part): Ord. 12-01; Ord. 32-00; Ord. 13-80 § 13.02(6))

"Depth of lot" means the average distance between front and rear lot lines.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(13))

"Developer" means the person(s) or applicant undertaking any development activity as described herein.

(Ord. 3-05 (part))

"Development" means any of the following activities pursuant to this Land Use and Development Code: (a) the subdivision of a parcel of land into two or more parcels, divisions or ownerships; (b) the construction, reconstruction, conversion, expansion or structural alteration, relocation or enlargement of any buildings, structures or accessory structure; (c) any use, change in use or change in intensity of use of any buildings, land or water; or (d) any clearing, grading, filling excavating or other movement of land.

(Ord. 3-05 (part))

"Director of community development" includes building inspector and/or chairman of the planning and zoning commission if the position of director of community development is not filled.

(Ord. 3-05 (part): Ord. 13-80 § 13.01(part))

"Dormitory," "boarding house" or "rooming house" means any building or portion thereof intended or designated specifically for sleeping facilities for an individual or a group of four (4) or more unrelated individuals. A dormitory, boarding house or rooming house shall have sanitation facilities either within or in close proximity to sleeping areas, but shall not have a kitchen or a laundry room within the actual sleeping room. Accessory uses may include laundry and kitchen facilities located outside designated sleeping areas.

(Ord. 3-05 (part))

"Double frontage lot" means a lot having frontage on two parallel or almost parallel streets, or a lot having frontage on two perpendicular streets (corner lot).

(Ord. 3-05 (part): Ord. 13-80 § 13.02(14))

"Duplex" means a two-dwelling detached principal building containing no more than two (2) dwelling units sharing a common wall between both dwelling units or sharing a common ceiling or floor, in whole or in part, connecting the two (2) dwelling units, each of which is designed for and used as a dwelling unit exclusively by one (1) family. Each unit may be further subdivided, creating two (2) separately conveyable single family dwelling units, each with their appurtenant lots. A duplex is not a single-family dwelling with an attached or detached additional dwelling unit, as defined by this code.

(Ord. 3-05 (part))

"Dwelling unit" means any building or portion thereof, used exclusively for residential occupancy, that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, and is intended for occupancy by a family and its guests, independent of other families or guests. A dwelling unit shall contain only one (1) kitchen and does not include hotels, motels, tents, seasonal vacation cabins, camper trailers or other structures designed for temporary occupancy. A dwelling unit may also be referred to as a dwelling.

(Ord. 3-05 (part): Ord. 22-97 (part); Ord. 13-80 § 13.02(7))

"Easement" means a grant by a property owner to the use of a portion of land by the public or person for specific purposes, such as, but not necessarily limited to, utilities, drainage ways or facilities, and means of access.

(Ord. 3-05 (part))

"Electronic gaming machine" means an electrically or electronically operated machine or device that is used by a sweepstakes entrant and that displays the results of a game entry or game outcome to a participant on a screen or other mechanism at a business location, including a private club, that is owned, leased, or otherwise possessed, in whole or in part, by a person conducting the sweepstakes or by that person's partners, affiliates, subsidiaries, agents, or contractors. The term includes a machine or device that:

A.

Uses a simulated game terminal as a representation of the prizes associated with the results of the sweepstakes entries;

B.

Uses software that simulates a game that influences or determines the winning or value of the prize, or appears to influence or determine the winning or value of the prize;

C.

Selects prizes from a predetermined, finite pool of entries;

D.

Uses a mechanism that reveals the content of a predetermined sweepstakes entry;

E.

Predetermines the prize results and stores those results for delivery when the sweepstakes entry is revealed;

F.

Uses software to create a game result;

G.

Requires a deposit of any currency or token or the use of any credit card, debit card, prepaid card, or other method of payment to activate the machine or device;

H.

Requires direct payment into the machine or device or remote activation of the machine or device upon payment to the person offering the sweepstakes game;

I.

Requires the purchase of a related product at additional cost in order to participate in the sweepstakes game or makes a related product available for no cost but under restrictive conditions;

J.

Reveals a sweepstakes prize incrementally even though the progress of the images on the screen does not influence whether a prize is awarded or the value of any prize awarded; or

K.

Determines and associates the prize with an entry or entries at the time the sweepstakes is entered.

(Ord. No. 4-2021, § 2, 7-26-2021)

"Engineer" means the town engineer or a consultant engineer duly authorized by the board of trustees.

(Ord. 3-05 (part))

"Factory built home" or "factory built house" means a single-family dwelling which:

A.

Is partially or entirely built in a factory and designed for long-term residential use;

B.

Is built in multiple sections, with each section on a chassis which enables it to be transported to its occupancy site;

C.

Is constructed according to the state of Colorado Factory Built Housing Construction Certification Code (8CCR 1302-3) and bears a certification insignia in compliance with those standards;

D.

Meets or exceeds, on an equivalent performance engineering basis, such standards as may now or hereafter be established by the town's municipal building code (equivalent performance engineering basis meaning that by using engineering calculations or testing, and following commonly accepted engineering practices, all components and subsystems will perform to meet health, safety, and functional requirements to the same extent as required for other single family housing units); and

E.

Meets or exceeds all applicable zoning, developmental, use, aesthetic, and historical standards, including, but not limited to, requirements relating to permanent foundations, minimum floor space, unit size or sectional requirements, and improvement location, side yard and setback standards as the same may now or hereafter be established by the town.

(Ord. 3-05 (part): Ord. 22-97 (part))

"Family" means any individual, or two (2) or more persons related by blood or marriage or between whom there is a legally recognizable relationship, or not more than two (2) unrelated adults and their related children; or a group of not more than four (4) unrelated adults occupying the same dwelling unit on a continuous basis for a period of time greater than one (1) month.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(10))

"Fire department" means the Burning Mountain fire protection district.

(Ord. 3-05 (part))

"Final plat" means a map and supporting materials of certain described land, prepared in accordance with the subdivision regulations as described in Title 16 of this Code, as an instrument for recording of real estate interests with the county clerk and recorder.

(Ord. 3-05 (part))

"Floor area" means the sum of the horizontal area of a structure, measured as described in the building code adopted by the town.

(Ord. 3-05 (part))

"Foundation" means part of a structural system that supports and anchors the superstructure of a building and transmits its loads directly to the earth.

(Ord. 3-05 (part))

"Front yard" means a yard across the full width of the lot, extending from the front line of the building to the front line of the lot.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(43))

"Front yard setback" means an area extending the full width of the lot or parcel, the depth of which is measured by the least horizontal distance between the front lot line and that area defined as the building site or envelope, whereby no structure may be built. A lot adjoining two streets has two (2) front yards as defined by this title. Any yard adjoining a street shall be considered a front yard for purposes of this chapter.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(43))

"Garage" (commercial) means any building or structure where automobiles, trucks, or commercial vehicles are stored, repaired, or equipped for remuneration.

(Ord. 3-05 (part))

"Garage (private)" means an accessory building or portion of a main building on the same lot and used for the storage only of private passenger motor vehicles or those items related to the occupancy of the dwelling unit for which the garage serves.

(Ord. 3-05 (part))

"Grade (above)" means any building or structure that is greater than thirty (30) inches above finished grade at any point within five (5) feet measured horizontally from said structure.

(Ord. 3-05 (part))

"Grade (existing)" or "natural grade" means the ground surface elevation in existence prior to the initiation of development on a parcel of land. If it is determined that existing or natural grade has been altered prior to submission of a development application for the purpose of evading this definition, or due to natural land movement, the deposition of material on the property by owners, or similar acts not willfully done by the owner of the property at that time, then the community development director shall establish what had been existing or natural grade prior to the alteration, and shall measure from that elevation.

(Ord. 3-05 (part))

"Grade (finished)" or finished grade means the elevation of the ground surface following development.

(Ord. 3-05 (part))

"Home daycare" or "home childcare facility" means the regular care and supervision of not more than nine (9) children at any time within a residential dwelling who are not related to the inhabitants of the dwelling, whether or not compensation is provided for such services, and which home and provider have been licensed as a child care facility after inspection by the State of Colorado. Such business shall be considered a home occupation, subject to all rules and regulations herein.

(Ord. 3-05 (part))

"Hotel," "motel," "suite" or "lodge" means a building or portion thereof containing rooms, areas or separate spaces intended for temporary occupancy by guests typically by the day or week, each of which shall contain sanitation facilities, and may contain a kitchen following approval by the town. The hotel, motel, suite or lodge generally provides one or more enhanced levels of service, such as:

A.

A level of staffing, amenities, service or facilities above that customarily found in multi-family dwellings;

B.

Twenty-four (24) hour front lobby check-in with in-house maid, concierge, room and maintenance services; and

C.

Standardized fixtures and furnishings with central phone, cable, heating, air conditioning and hot water systems for all units. Accessory use facilities may include associated office space, central laundry or laundry facilities used by the occupants, meeting rooms and similar service/support facilities, none of which shall constitute independent commercial uses.

(Ord. 3-05 (part))

"Internet sweepstakes café" includes any use of an enclosed building or portions of an enclosed building that provide one or more "electronic gaming machine" or "simulated gambling device," as defined in C.R.S. § 18-10.5-102 or in this code. As defined, these terms do not include "bona fide amusement devices," as authorized in C.R.S. § 44-3-103(47), that pay nothing of value, cannot be adjusted to pay anything of value, and are not used for gambling.

(Ord. No. 4-2021, § 2, 7-26-2021)

"Junkyard" means a lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage and/or salvaging of machinery or vehicles not in operating condition, and for the sale of parts thereof.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(11))

"Kitchen" means an area designated or intended for cooking, associated with a dwelling unit, and is further defined by the existence of any item described in either subsection A or any two of subsections B through E outlined below:

A.

Range, microwave oven, hot plate or similar cooking device, grill, broiler or cook top fueled by solid fuel, L.P. or natural gas or by electrical power. This will include any gas piping from the area of the range or cook top back to the point of intersection with the primary gas piping system and any 220-volt electrical wiring back to the main electrical panel.

B.

Sink, not including a small bar sink, lavatory or laundry tub.

C.

Dishwasher.

D.

Counters and cabinets of a quantity and configuration that indicate the creation of a food preparation area.

E.

Refrigerator or refrigerator/freezer five (5) cubic feet or more in capacity.

(Ord. 3-05 (part))

"Law" denotes applicable federal law, the Constitution and statutes of the state, the ordinances of the Town of Silt, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

(Ord. 3-05 (part))

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

(Ord. 3-05 (part))

"Lot" means the smallest unit of a subdivision individually numbered or designated on the plat for purposes of description, recording, conveyance, development and taxation, occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessory buildings and open spaces belonging to the same. "Lot" includes the words plot or parcel.

(Ord. 3-05 (part); Ord. 13-80 §§ 13.01 (part), 13.02(12))

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

(Ord. 3-05 (part))

"Lot of record" means a lot which is a part of a subdivision, a plat of which has been recorded in the Garfield County, Colorado recorder's office, or a lot described by other legal means, the description of which has been so recorded.

(Ord. 3-05 (part); Ord. 13-80 § 13.02(16))

A "manufactured home" is a home built entirely in the factory under the only federal building code administered by the U.S. Department of Housing and Urban Development (HUD). The Federal Manufactured Home Construction and Safety Standards (commonly known as the HUD Code) went into effect June 15, 1976. Manufactured homes may be single- or multi-section and are transported to the site and installed. The federal standards regulate manufactured housing design and construction, strength and durability, transportability, fire resistance, energy efficiency, heating, plumbing, air-conditioning, thermal and electrical systems and quality.

(Ord. 3-05 (part): Ord. 22-97 (part); Ord. 2-90 (part))

"Map," "zoning map" or "Silt zoning map" means the official zoning map of the Town of Silt, Colorado.

(Ord. 3-05 (part): Ord. 13-80 § 13.01 (part))

"Massage parlor" means an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

(Ord. 3-05 (part))

"Mobile home" (trailer home) means any wheeled vehicle, exceeding either eight (8) feet in width or thirty-two (32) feet in length, excluding towing gear and bumpers, without motive power, which is designed and commonly used for occupancy by persons for residential purposes in permanent locations, and which may be drawn over the public highways by a motor vehicle, but shall not include manufactured housing. Mobile homes are those homes that were constructed prior to the manufactured housing act (HUD) (C.R.S. Section 42-1-102).

(Ord. 3-05 (part): Ord. 2-90 (part); Ord. 13-80 § 13.02(18))

"Mobile home park" means any premises used or set apart for the purpose of supplying to the public parking space for mobile homes for living or sleeping purposes, and which includes any buildings, structures, vehicles or enclosures used or intended for use as part of such mobile home park.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(19))

"Mobile home site" means a plot of ground within a mobile home park designated for the accommodation and use of one (1) mobile home and containing all improvements and utility connections required under this title and other applicable town codes.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(20))

"Multifamily building" means a structure housing three (3) or more dwelling units or apartments.

(Ord. 3-05 (part))

"Multifamily dwelling unit" means a dwelling unit within a structure containing three (3) or more dwelling units upon one (1) lot or within one (1) structure, built at one time or built at different times.

(Ord. 3-05 (part))

"Natural medicine business" means any of the following entities licensed pursuant to the Natural Medicine Code; a healing center, a natural medicine cultivation facility, a natural medicine products manufacturer, a natural medicine testing facility.

(Ord. No. 11-2024, § 2, 12-9-2024)

"Nonconforming use" means a building or land occupied by a use that does not conform with the regulations of the use district in which it is situated.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(39))

"Office for the conduct of professional business" means a room or a series of rooms where business, professional or governmental services are made available to the public. "Office" includes a business office occupied by persons such as realtors, travel agents, advertising agents, insurance agents, brokerage houses and lenders and a professional office occupied by persons such as lawyers, architects, engineers, surveyors, planners, accountants, and other professionals.

(Ord. 3-05 (part))

"Open space (rear yard)" means that portion of a lot or parcel which shall be unoccupied and unobstructed by any above-grade structures and located in the rear yard of a lot between the primary structure and the rear property line.

(Ord. 3-05 (part))

"Open space (private)" means land retained in an open or natural state, except for agricultural use or for the placement of landscape materials, including trees, shrubs and grass, and structures limited to footpaths, bridges, irrigation, erosion protection, underground utilities, or improved for park use. Ownership is typically through a homeowners association, and approved by the town through the subdivision process. Designation of private open space does not imply the right of access by the public unless the property is dedicated to the town or a public easement is obtained.

(Ord. 3-05 (part))

"Open space (public)" means land retained in an open or natural state, except for agricultural use or for the placement of landscape materials, including trees, shrubs and grass, and structures limited to footpaths, bridges, irrigation, erosion protection, underground utilities, or improved for park use. The designation of public open space implies the right of access by the public.

(Ord. 3-05 (part))

"Open storage" means the storage of materials or items of personal property outside of a building or structure on a residential lot, or that storage outside of a building within a commercial zone district.

(Ord. 3-05 (part); Ord. 9-90 (part))

"Owner," applied to a building or land, means any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.

(Ord. 3-05 (part))

"Parking space" means an area of permanent surface (asphalt, concrete, or other material as determined by the town administrator or his designee), of not less than nine (9) feet by nineteen (19) feet.

(Ord. 3-05 (part): Ord. 16-03 § 1(part))

"Pavement" means any asphalt, concrete or similar impervious wearing surfaces as approved by the town administrator or his designee, or as further described in the town's public works manual.

(Ord. 3-05 (part))

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

(Ord. 3-05 (part))

"Personal service establishment" means any establishment providing personal care such as beauty shops, barber shops, tanning salons and the like.

(Ord. 3-05 (part))

"Planned unit development (PUD)" means an area of land, controlled by one or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units or residential, commercial, educational, recreational or industrial uses, or any combination of the foregoing, the plan for which may not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restriction to the existing land use regulations.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(22))

"Premises" means any land, structure, lodge, store, office salesroom, warehouse or other place of business situated within the town which is owned, leased or occupied by a business.

(Ord. 3-05 (part))

"Principal building" means a building in which is conducted the principal use of the lot on which the building is located.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(4))

"Principal use" means the main or primary purpose for which a structure or land is designed, arranged or intended, or for which it may be occupied or maintained as provided in the code. Each lot has one principal use as a permitted use.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(40))

"Private recreation facilities" means tennis courts, swimming pools and similar facilities that are owned and operated by a property owner's association or as an amenity of a hotel/lodge or private club and are intended for use by members and guests.

(Ord. 3-05 (part))

"Public utility uses, facilities and services" means the following and similar uses, facilities and services: above-grade or below-grade water storage tanks, substations, transformers and related structures; service access roads, public works service facilities, underground public utility transmission and distribution lines, and other minor underground improvements associated therewith.

(Ord. 3-05 (part))

"Rear yard" means a yard extending across the full width of the lot and measured between the rear line of the lot and the rear building line of the main building. For those lots that do not have an easily distinguishable rear yard, the town administrator or his designee shall determine the location of the rear yard.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(44))

"Rear yard setback" means an area extending the full width of the lot or parcel, the depth of which is measured by the least horizontal distance between the rear lot line and that area defined as the building site or envelope.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(44))

"Recreational establishments (indoor)" include, but are not limited to, bowling alleys, indoor swimming pools, video arcades and the like, all contained within a completely enclosed building.

(Ord. 3-05 (part))

"Recreational establishments (outdoor)" include, but are not limited to, amusement parks, miniature golf, outdoor swimming pools, and the like, located partially or entirely outside of a building.

(Ord. 3-05 (part))

"Recreational vehicle (dependent)" means any wheeled vehicle without motive power, which is designed and generally and commonly used for occupancy by persons for residential purposes in temporary locations, and which may occasionally be drawn over the public highways by a motor vehicle, but not including manufactured housing. (Section 42-1-102, C.R.S. 1973).

(Ord. 3-05 (part): Ord. 13-80 § 13.02 (34))

"Recreational vehicle (independent)" means any wheeled vehicle, including towing gear and bumpers, with motive power, which is designed and commonly used for occupancy by persons for residential purposes in temporary locations, and which may be driven over the public highways.

(Ord. 3-05 (part))

"Retail establishment" means a business engaged in the retail sale of goods to the general public for personal or household consumption and may include the rendering of services incidental to the sale of such goods. For purposes of this chapter, a retail establishment is deemed such when over ten (10) percent of its gross sales are attributable to local sales or use taxes.

(Ord. 3-05 (part))

"Reverse corner lot" means a corner lot which abuts three streets and/or public rights-of-way.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(15))

"Ridgeline" means those lands at the crest or top of a ridge, hillside or mesa as viewed from 1st Street, 7th Street, 16th Street, Grand Avenue, Highway 6 or Interstate 70. A ridgeline is the visual line at which the ground and the sky appear to meet. A ridgeline does not include any ridge that is not the highest on the hillside or mesa, or that can be viewed with a higher portion of the hillside or mesa as its backdrop.

(Ord. 3-05 (part))

"Riparian habitat" means the land within the waterway, the waterway and those lands located between the water's edge (of rivers, streams, creeks, ponds and lakes) and upland areas, whose soils allow for or tolerate a high water table and provide sufficient moisture in excess of that otherwise available locally, so as to support interacting assemblages of plants, animals and aquatic communities whose presence is either directly or indirectly attributed to water-influenced or water-related factors.

(Ord. 3-05 (part))

"Road" means a public or private way for vehicular traffic including roadway and sidewalk area, being the entire width from lot line to lot line or easement line to easement line. "Road" includes the terms highway, road, place, avenue, street and other similar designations.

(Ord. 3-05 (part))

"Roadway" means that portion of a public or private street improved, designed or ordinarily used for vehicular traffic.

(Ord. 3-05 (part))

"Rowhouse" or "townhouse" means a dwelling unit having at least one (1) common side building wall with an adjacent similar dwelling unit and located upon land owned by the owner of the dwelling unit, and for which a subdivision is attainable along the common building wall in order to create separately conveyable units and the appurtenant property above and below such unit, upon application to the town.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(23))

"School" means an entity or organization that complies with at least one (1) of the following definitions: (a) nonprofit entity with its own taxing district that offers education to the public; (b) an organization giving systematic instruction in any branch of knowledge and affiliated with a religious or other private organization; (c) a for-profit organization designed to give instruction in any field; (d) an institution specialized in higher education associated with a public or private university.

(Ord. 3-05 (part))

"Side yard" means an area extending from the front building line to the rear lot line, the width of which is measured by the least horizontal distance between the side lot line and that area defined as the building site or envelope.

(Ord. 3-05 (part))

"Side yard setback" means an open, unoccupied space on the same lot with a building, between the building and the side line of the lot, extending through from the front building line to the rear yard. For those lots that do not have an easily distinguishable side yard, the town administrator or his designee shall determine the location of the side yard.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(45))

"Sign" means an object or device or any part thereof visible from a street, sidewalk or mall that is used to advertise, identify, display, direct or attract the attention of a pedestrian or motorist to an object, place, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, logos, fixtures, colors, illumination or projected images.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(24))

"Simulated gambling device" means a mechanically or electronically operated machine, network, system, program, or device that is used by an entrant and that displays simulated gambling displays on a screen or other mechanism at a business location, including a private club, that is owned, leased, or otherwise possessed, in whole or in part, by a person conducting the game or by that person's partners, affiliates, subsidiaries, agents, or contractors; except that the term does not include bona fide amusement devices, as authorized in C.R.S. § 44-3-103 (47) that pay nothing of value, cannot be adjusted to pay anything of value, and are not used for gambling.

A.

"Simulated gambling device" includes:

1.

A video poker game or any other kind of video card game;

2.

A video bingo game;

3.

A video craps game;

4.

A video keno game;

5.

A video lotto game;

6.

A video roulette game;

7.

A pot-of-gold;

8.

An eight-liner;

9.

A video game based on or involving the random or chance matching of different pictures, words, numbers, or symbols;

10.

An electronic gaming machine, including a personal computer of any size or configuration that performs any of the functions of an electronic gaming machine;

11.

A slot machine, where results are determined by reason of the skill of the player or the application of the element of chance, or both, as provided by Section 9 (4)(c) of Article XVIII of the Colorado constitution; and

12.

A device that functions as, or simulates the play of, a slot machine, where results are determined by reason of the skill of the player or the application of the element of chance, or both, as provided by Section 9 (4)(c) of Article XVIII of the Colorado constitution.

B.

"Simulated gambling device" does not include any pari-mutuel totalizator equipment that is used for pari-mutuel wagering on live or simulcast racing events and that has been approved by the director of the division of racing events for entities authorized and licensed under C.R.S. Title 44 Article 32.

(Ord. No. 4-2021, § 2, 7-26-2021)

"Single-family dwelling unit" means a detached dwelling unit arranged, designed and intended for occupancy of one (1) family upon one (1) lot, or a unit within a duplex structure, as defined herein.

(Ord. 3-05 (part); Ord. 22-97 (part); Ord. 13-80 § 13.02(8))

"Site-built dwelling" means a dwelling that is fabricated primarily on the job site, and may only include wall panels and trusses fabricated elsewhere, provided that the wall panels and trusses are available for on-site inspection by the building inspector prior to installation into dwelling. The design and construction of these homes must be in conformance with the building code as adopted by the town.

(Ord. 3-05 (part))

"Slope" means the inclination of land from the horizontal, determined by dividing the horizontal run of the slope into the vertical rise of the same slope and converting the resulting figure into a percentage value.

(Ord. 3-05 (part))

"Special use permit" means a permit for a use that is not appropriate generally or without restriction throughout a zone district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in a zoning district by special use permits, if specific provision for granting such special use permits is made in this title.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(31))

"State" means the State of Colorado.

(Ord. 3-05 (part))

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six (6) feet above finished or original grade, whichever is lower, for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above finished or original grade, whichever is lower, at any point, such usable or unused underfloor space shall be considered as a story. A mezzanine floor, loft or other intermediate floor, placed within any story shall not be considered a story if the area of the intermediate floor does not exceed twenty-five (25) percent of the total floor area of the story within which it is placed.

(Ord. 3-05 (part))

"Street (arterial)" means a roadway which provides direct year-round connection to another jurisdiction, or which links such roads, and is intended or used primarily for free-flowing traffic movement. Traffic velocity is generally greatest on arterial streets, due primarily to roadway design.

(Ord. 3-05 (part))

"Street (collector)" means any roadway with low to medium traffic volume, whose purpose is to provide access to residential areas and to channel traffic from residential areas to subarterial streets.

(Ord. 3-05 (part))

"Street (local and residential)" means a roadway designed for low to medium traffic volume, low-speed traffic and which is intended to provide access to adjacent residential lots.

(Ord. 3-05 (part))

"Street (subarterial)" means a roadway designed for high-volume, moderate-speed circulation of traffic between separate areas of town with a minimum of hindrance to traffic flow.

(Ord. 3-05 (part)

"Street width" means the roadway right-of-way width, measured at right angles to the centerline of the street.

(Ord. 3-05 (part))

"Structure" means anything constructed or erected, which requires location on the ground or attached to something having a location on the ground, but not including poles, lines, cables, or other transmission or distribution facilities of public utilities.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(31))

"Structural alteration" means any addition to or subtraction of parts of a building, including walls, columns, beams, girders, foundations, doors and windows.

(Ord. 3-05 (part))

"Subdivision" means the division of a lot, tract or parcel into two (2) or more parcels, building sites, tracts, lots or other divisions of land, for the purpose, whether immediate or future, of sale or of building development. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. "Subdivision," as used in this chapter, also applies to the creation, conversion or division of any structure or building into condominium units as defined by Article 33 of Title 38, C.R.S. 1973, as amended, and to the use of any parcel, structure or building for apartments or any multiple-occupancy unit. Unless the method of land disposition is adopted for the purpose of evading this definition, the term "subdivision" as defined in this subsection shall not apply to any of the following divisions of land or interests in land:

A.

The division of land by order of any court in this state or by operation of law;

B.

The division of land by a lien, mortgage, deed of trust or any other security instrument;

C.

The division of land by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity;

D.

The division of land which creates cemetery lots;

E.

The division of land which creates an interest or interests in oil, gas, minerals, or water which are, as of the effective date of the ordinance codified at this chapter (which ordinance was adopted September 24, 1979) or thereafter, severed from the surface ownership of real property;

F.

The division of land by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common, and any such interest shall be deemed for purposes of this subsection as only one (1) interest;

G.

The division of land by reason of the dissolution of a joint venture or partnership.

(Ord. 3-05 (part))

"Temporary use" means any use that is of a temporary or short-term nature that is not allowed as a use by right, or as an accessory use, or as a special use in the particular zone district where the use is proposed.

(Ord. 3-05 (part))

"Townhouse" or "rowhouse" means a dwelling unit having at least one common side building wall with an adjacent similar dwelling unit and located upon land owned by the owner of the dwelling unit, and for which a subdivision is attainable along the common building wall in order to create separately conveyable units and the appurtenant property above and below such unit, upon application to the town.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(23))

"Use" means any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

(Ord. 3-05 (part): Ord. 13-80 § 13.01(part))

"Used or occupied," as applied to any land or building, shall be construed to include the words intended, arranged or designed to be used or occupied.

(Ord. 3-05 (part): Ord. 13-80 § 13.01(part))

"Variance" means a relaxation of the terms of this title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this title would result in unnecessary hardships or practical difficulties, as defined by this code and by state statutes.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(41))

"Width of lot" means the distance between side lot lines, measured at the building line.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(17))

"Yard" means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward except by trees or shrubbery or as otherwise provided in this title.

(Ord. 3-05 (part): Ord. 13-80 § 13.02(42)