For the purposes of this Title and when not inconsistent with the context, the following provisions shall apply:

(1)

Words used in the present tense include the future.

(2)

Words in the singular include the plural.

(3)

Words in the plural include the singular.

(4)

The masculine includes the feminine.

(5)

The word shall is mandatory and not directory.

(6)

The word may is permissive.

(7)

The particular controls the general.

(Prior Code, § 10-9-4)

Certain words and phrases are defined and certain provisions shall be interpreted as herein set out when not inconsistent with the context:

(1)

The word structure includes the word building;

(2)

The word person includes a firm, association, corporation, partnership and natural person;

(3)

The word used includes the words occupied, arranged, designed or intended to be used; and

(4)

The word construct includes the words erect, reconstruct, alter, move in and move upon.

(Prior Code, § 10-9-4)

For the purposes of this Title, the following words and terms shall have the following meanings:

Accessory use means a use naturally and normally incidental and subordinate to the permitted use of the land or lot area.

Alley means a public, dedicated right-of-way used primarily as a service or secondary means of access and egress to the service side of abutting property.

Amendment means a change of zoning on a parcel of land.

Board of Trustees means the Board of Trustees of the Town of Silver Cliff.

Board of Zoning Adjustments means a five-member board appointed by the Board of Trustees, if operative; otherwise, the Board of Trustees.

Building means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels or property of any kind.

Building height means the vertical distance as measured from the average finished grade at the building setback to the ceiling of the uppermost story.

Building setback means an imaginary line extending across the full width or side of a lot, parallel with the street right-of-way or property line and outside of which no building or structure shall be constructed.

Commission: See Planning Commission.

County means Custer County, Colorado.

County Commissioners means the Board of County Commissioners of Custer County, Colorado.

Density means the quantity of number per unit, usually the number of persons per gross acre.

Dwelling means a building, including double-wide and modular homes designed to be used as a living place for one or more persons or families, but not including hotels, motels, clubs, boarding houses or any institution, such as an asylum, hospital or jail, where persons are housed by reason of illness or under legal restraint.

Dwelling unit means two or more rooms in any building other than a mobile home, designed for or occupied exclusively by one family and having not more than one kitchen.

Factory-built home means a home built to the 2021 International Code Council Standards (IRC, IECC, 2011 NEC). State of Colorado factory-built home primary certification insignia is silver in color and located in kitchen sink base cabinet of the home.

Family means one or more persons living together as a single housekeeping unit in a dwelling unit.

Home occupation means any nonresidential use conducted entirely within a dwelling unit or mobile home and carried on solely by the inhabitants thereof, which use clearly is incidental and secondary to the use of the dwelling unit or mobile home for dwelling or living purposes and does not occupy more than 25 percent of the total floor space of the dwelling unit or mobile home. A home occupation may be a professional office. A home occupation certificate is required before the use will be permitted.

(1)

Professional office means an office for professions, such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, realtors, accountants and others who, by training, are qualified to perform services of a professional nature and where limited storage or sale of merchandise exists and one employee may be hired.

(2)

The Board of Trustees shall issue a home occupation certificate only upon finding that the proposed home occupation is consistent with these provisions. Annual renewal of the home occupation certificate is required.

Hotel means a building designed for occupancy by short-term or part-time residents who are lodged with or without meals and in which no facilities are provided for cooking in individual rooms.

Lot means a parcel or portion of land separated from other parcels or portions by description and abutting upon one or more public streets or roads.

Lot area means the total number of horizontal square feet contained within the boundaries of the lot lines of the lot.

Lot line means an imaginary line separating a parcel or portions of land from another by legal description.

Manufactured home means any home built to HUD National Construction Standards (24 CFR part 3280). Manufactured homes are identified by the following in each home:

(1)

Metal HUD label attached to exterior home which identifies the inspection agency and the specific unit number.

(2)

Data (paper document) attached to the interior of the home, near the electrical panel or in a closet.

(3)

Serial number of the home is stamped in the foremost cross member of the under-floor frame. For the purposes of definitions, Appendix E of the 2006 International Residential Code is incorporated herein.

Mining means all aspects of minerals or other earth resources extraction and processing operations, including gold, gemstones, peat, and aggregate mining, and including the mining related uses herein.

Mining related uses include:

a.

Drilling and blasting; excavating, extracting, whether by hand or through the use of mechanized equipment.

b.

The grading, loading, hauling, or conveying, dumping, placing, storing, and otherwise moving and managing of earth materials and associated materials such as lime, cement, asphalt, process bacteria, beneficiation, and process chemicals.

c.

Crushing, grinding screening, blending; mineral beneficiation or processing, leaching, chemical extraction, heating, roasting, bacterial treatment.

d.

Maintenance of on-site equipment associated with mining and accessory operations such as those used in the preparation of concrete and asphalt.

e.

Construction and use of mining-related structures such as those used for testing, equipment and supply storage, byproduct, and product storage, drilling, and blasting supply storage, offices and laboratories, laydown areas, warehousing, recycling, loading, and transportation serving mining operations; concrete and asphalt batch plants.

Mobile home means a mobile facility with or without wheels, erected upon a foundation or parked upon its wheels, assembled at a place of manufacture in whole or in part, designed and contrived to permit occupancy as a residential unit for living and sleeping purposes.

Mobile office means a mobile facility with or without wheels, erected upon a foundation or parked upon its wheels, assembled at a place of manufacture in whole or in part, and designed and contrived for occupancy other than as a residential unit for living and sleeping purposes.

Modular home means a single-family dwelling unit which is partially or entirety manufactured in a factory, is constructed of multiple, self-contained or self-supporting units (modules), built in conformance with the building code requirements of this Code and is installed on a permanent foundation.

Motel means a group of attached or detached buildings containing living or sleeping units, designed for or used temporarily by tourists and transients, with a garage or parking space near each rental unit.

Nonconforming building means a building, or portion thereof, legally built prior to the effective date of the initial ordinance codified herein or any pertinent amendment thereto, which does not conform to the regulations for the district in which it is located.

Nonconforming use means land or a building lawfully occupied prior to the effective date of the initial ordinance codified herein or any pertinent amendment thereto by a use which does not conform to the regulations of the district in which it is located.

Outdoor storage means a use where goods are stored outside of a building.

Parking space means an off-street space designed and intended to be occupied by a parked automobile, with a minimum of 200 square feet in area exclusive of maneuvering and roadway space. Such space shall be surfaced with at least a four-inch gravel base.

Permit means a document issued by the Town granting permission to perform an act or service which is regulated by the Town.

Planning Commission means the Town Planning Commission, if created and operative; otherwise, the Board of Trustees.

Property line. See Lot line.

Prospecting or exploration means the following which are not to be used for production: sinking shafts, tunneling, drilling core and bore holes and digging pits or cuts, bulk sampling for metallurgical testing, and other works for the purpose of extracting samples prior to commencement of development or extraction operations, and the building of roads, access ways and other facilities related to such work: small scale surface excavation. No prospecting or exploration shall leave a permanent scar upon the land, and all prospecting or exploration, including its reclamation, shall be conducted in accordance with the provisions and requirements of C.R.S. § 34-32-113, C.R.S. § 34-32.5-113, and/or other applicable provisions of the C.R.S.

Public hearing means a public meeting held by the Planning Commission or Board of Trustees at which citizens' opinions may be voiced concerning the subject of the hearing.

Recreational vehicle means a traveling vehicle typically used for vacation and camping requiring vehicle licensing. The term includes travel trailers, motor homes, pop-up campers, truck campers and other camping vehicles. Recreational vehicles are neither designed nor intended for use as permanent year-round dwelling units. They have been designed for temporary living quarters for recreational purposes.

Right-of-way means the entire dedicated tract or strip of land that is to be used by the public for circulation and service.

Road. See Street.

Special use means a use that is not specifically enumerated under permitted uses of each district.

Street means a channel including the entire dedicated public right-of-way, providing for the pedestrian and vehicular movement of persons and goods.

Tiny house means a dwelling that is 400 to 700 square feet in floor area excluding lofts, as more specifically defined in Appendix O of the 2018 International Residential Code.

Town means the Town of Silver Cliff, Colorado.

Variance means a change as applied to a parcel of land in a zoning district pertaining to a change in height restriction, setback requirements and/or signs.

Yard means that part of a lot which is unoccupied by a building and is open to the sky.

(Prior Code, § 10-9-4; Ord. No. 02-2022, § 1, 9-6-2022; Ord. No. 01-2021, § 1, 5-3-2021)