The following abbreviations are defined as follows:

ADA means American with Disabilities Act.

ADT means average daily trips.

CDOT means Colorado Department of Transportation.

C.R.S. means Colorado Revised Statutes.

FEMA means the Federal Emergency Management Agency.

FIRM means Flood Insurance Rate Map.

PUD means Planned Unit Development.

SFWSD means the South Fork Water and Sanitation District.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

As used in this Chapter, the following words and terms shall have the meanings indicated:

Adjacent means meeting or touching at some point, or separated from a lot or parcel by one (1) of the following: a street, alley or other right-of-way, lake, stream or open space.

Adult-oriented business means a use of property where the principal use, or a significant or substantial adjunct to another use of the property, is the sale, rental, display or other offering of live entertainment, dancing or material which is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to specified sexual activities or specified anatomical areas as the primary attraction to the premises. The term adult-oriented business includes, but is not limited to, bookstores, video stores, gift stores, cabarets, motels, hotels, theaters, nightclubs and similar establishments.

Applicant means the owner of land or the owner's authorized representative who submits an application for a permit or other approval required under this Chapter. An applicant may also be any person, partnership, joint venture, association, firm or corporation who participates as developer or subdivider in the planning, platting or development of a subdivision or Planned Unit Development. If the applicant is not the legal owner of the property the applicant must provide the Town with a notarized statement from the legal property owner granting permission to the authorized representative to proceed with the application. An applicant must be the actual property owner of all of the property within a subdivision or PUD before the Town will grant an unconditional final plat approval for the subdivision or PUD.

Bed and breakfast means an establishment operated in a private residence, or portion thereof, which provides temporary accommodations to overnight guests for a fee, and which is occupied by the operator of such establishment, with no greater than twelve (12) guest rooms and a stay not to exceed thirty (30) days.

Block means a unit of land or a group of lots bounded by streets or by a combination of streets and public lands, railroad rights-of-way, waterways or any other barrier to the continuity of development, or land that is designated as a block on any recorded plat.

Board of Adjustments means the officially appointed Board of Adjustments of the Town; a five-member, independent board appointed to act in the manner described in this Chapter.

Boarding house, rooming house or hostel means a building other than a hotel, cafe or restaurant where, for compensation, directly or indirectly, lodging and/or meals are provided for three (3) or more boarders and/or roomers exclusive of the occupant's family.

Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is governed by the following characteristics:

(1)

Is permanently affixed to the land;

(2)

Has one (1) or more floors and a roof; and

(3)

Is bounded by either open space or the lot lines of a lot.

Building height means the vertical distance measured from the lowest point of finished grade on the lot within twenty-five (25) feet of the building to the uppermost point of the roof.

Character means those attributes, qualities and features that make up and distinguish a development project and give such project a sense of purpose, function, definition and uniqueness.

Child care center means a facility, by whatever name known, which is maintained for the whole or part of a day for the care of seven (7) or more children under the age of sixteen (16) years, who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care, and with or without stated educational purposes, except that a child care center shall not include any of the following three (3) types of family care homes, as defined by the State: family child care home, infant/toddler home or experienced family child care provider home. The term child care center includes, but is not limited to, facilities commonly known as day care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, large child care homes as defined by the State, centers for mentally retarded children and those facilities which give twenty-four-hour-per-day care for dependent and neglected children. Child care centers are also those facilities for children under the age of six (6) years, with stated educational purposes, which are operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six (6) grades.

Common open space means a parcel of land or an area of water, or a combination of both land and water, within any site designated for a PUD, designed and intended primarily for the use or enjoyment of residents, occupants and owners of the PUD. Common open space does not include streets, alleys, parks, off-street parking and loading areas, public open space or other facilities dedicated by the applicant for public use. Common open space shall be substantially free of structures, but may contain such improvements as approved by the Board of Trustees.

Compatibility means the characteristics of different uses, activities or design, which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development.

Condominium means a single dwelling unit in a multiple-unit structure, which is separately owned, and which may be combined with an undivided interest in the common areas and facilities of the property.

Connecting walkway means any street sidewalk, or any walkway that directly connects a main entrance of a building to the street sidewalk without requiring pedestrians to walk across parking lots or driveways, around buildings or around parking lot outlines which are not aligned to a logical route.

County means Rio Grande County, Colorado.

Dedication means the transfer of private property to public ownership upon written acceptance by the Town or other appropriate public agency.

Density means the overall average number of dwelling units located on the gross or net residential acreage (as applicable) contained within the development and calculated on a per-acre basis. Gross density is calculated by dividing the total number of units by the total acreage. Net density is calculated by dividing the total number of units by the total acreage minus all publicly dedicated land.

Development means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or, except as is otherwise authorized in this Chapter.

Development shall also include:

(1)

Any construction, placement, reconstruction, alteration of the size or material change in the external appearance of a structure or land.

(2)

Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development.

(3)

Any change in use of land or a structure.

(4)

Any alteration of a shore or bank of a river, stream, lake, pond, reservoir or wetland.

(5)

The commencement of drilling (except to obtain soil samples), mining, stockpiling of fill materials, filling or excavation on a parcel of land.

(6)

The demolition of a structure.

(7)

The clearing of land as an adjunct of construction.

(8)

The deposit of refuse, solid or liquid waste, or fill on a parcel of land.

(9)

The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property.

(10)

The construction of a roadway through, or adjacent to, an area that qualifies for protection by the establishment of limits of development.

Development shall not include:

(1)

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track if the work is carried out on land within the boundaries of the right-of-way.

(2)

Work by any public utility for the purpose of inspecting, repairing, renewing or constructing on public rights-of-way any mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks or the like; provided, however, that this exemption shall not include work by a public utility in constructing or enlarging mass transit or railroad depots or terminals or any similar traffic-generating activity.

(3)

The maintenance, renewal, improvement or alteration of any structure if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.

(4)

The use of any land for the purpose of growing plants, crops, trees and other agricultural or forestry products; for raising or feeding livestock (other than in feedlots); or for other agricultural uses or purposes, provided that none of the above creates a nuisance.

(5)

A change in the ownership or form of ownership of any parcel or structure.

(6)

The creation or termination of rights of access, easements, or covenants concerning development of land or other rights in land.

Development guide means a manual establishing variations from lot size, bulk, type of use or activity, density, open space or other land use and subdivision regulations standards within a Planned Unit Development.

Drive aisles means the lanes in a parking lot devoted to the passage of vehicles, as opposed to parking stalls. The term drive aisle does not include lanes used only, or primarily, for drive-in customer service.

Drive, private, means a parcel of land not dedicated as a public street, over which a private easement for road purposes has been granted to the owners of property adjacent thereto, which intersects or connects with public or private streets, and where the instrument creating such easement has been recorded in the office of the County Clerk and Recorder.

Dwelling means a building used exclusively for residential occupancy, including single-family dwellings, two-family dwellings and multi-family dwellings. The term dwelling shall not include hotels, motels, tents or other structures designed or used primarily for temporary occupancy. Any dwelling shall be deemed to be a principal building.

Dwelling, mixed-use, means a dwelling that is located on the same lot or in the same building as a nonresidential use.

Dwelling, multifamily means dwelling containing three (3) or more dwelling units including apartments, multiplex residential units, townhomes, and condominiums, not including hotels, motels, and similar group accommodations.

Dwelling, single-family, means a dwelling containing no more than one (1) dwelling unit, but not including a mobile home, otherwise provided herein.

Dwelling, two-family, means a dwelling containing two (2) dwelling units; often referred to as a duplex.

Dwelling unit means one (1) or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multifamily dwelling or mixed-use building.

Easement means a right to land, generally established in a real estate deed or on a recorded plat, to permit the use of land by the public, a corporation or particular persons for a specified purpose.

Employees means the total number of persons reasonably anticipated to be employed in a building or on land during normal periods of use.

Evidence means any map, table, chart, valid contract or any other document or testimony prepared or certified by a qualified person to attest to a specific claim or condition.

Family means:

(1)

A single individual living upon the premises as a separate, independent housekeeping unit; or a collective body of persons living together upon the premises as a separate housekeeping unit in a domestic relationship based upon blood, marriage, adoption or legal custody; or a group of not more than five (5) unrelated persons living together upon the premises as a single housekeeping unit. Five (5) people over the age of sixty (60) years sharing one (1) housekeeping unit shall also be deemed to be a family.

(2)

Notwithstanding the foregoing, a family shall be deemed to include five (5) or more persons (but not in excess of twelve [12] persons) that are not related by blood, marriage, adoption or legal custody occupying a dwelling unit and living as a single housekeeping unit if the occupants are handicapped persons as defined in Title III of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons, pursuant to Section 24-34-301, C.R.S.

(3)

A household that includes five (5) or more persons identified above shall not be excluded from the definition of family by the residence in the household of additional necessary persons (and their families) employed in the care and supervision of such handicapped or disabled persons.

Fence means a freestanding structure of metal, masonry, composition or wood, or any combination thereof, resting on or partially buried in the ground and rising above ground level, used for confinement, screening or partition purposes.

Floor area means the gross floor area of a building as measured along the outside walls of the building and including each floor level, but not including open balconies, the first seven hundred twenty (720) square feet of garages or other enclosed automobile parking areas, basements and one-half (½) of all storage and display areas for hard goods.

Floor Area Ratio (FAR) means the amount of gross floor area of all principal buildings on a lot or block, as the case may be, divided by the total area of such lot, or the block size, respectively, on which such buildings are located. For mixed-use blocks, the residential square footage shall be added to the commercial development for a total block FAR.

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

Fugitive dust means solid airborne particulate matter emitted from any source other than an opening which channels the flow of air contaminants and then exhausts the contaminants directly into the atmosphere. Fugitive dust also includes solid particles released into the atmosphere by natural forces or by mechanical processes, such as crushing, grinding, milling, drilling, demolishing, pulverizing, shoveling, conveying, covering, bagging or sweeping.

Fully shielded means shielded or constructed so that no light rays are emitted by the installed outdoor light fixtures at angles above the horizontal plane, as certified by a photometry test report.

Geologic hazard means unstable or potentially unstable slopes, faulting, landslides, rock falls, flood, wildfire or similar naturally occurring dangerous features or soil conditions, or natural features unfavorable to development.

Geologic hazard prone area means an area which may contain or may be directly affected by a geologic hazard.

Grade means the finished surface of the ground, paving or sidewalk within a line five (5) feet from the building. If walls are within five (5) feet of a sidewalk, alley or other public way, the aboveground level shall be measured at the elevation of the sidewalk, alley or public way.

Group home means a small supervised residential facility, as for mentally handicapped or disabled people, in which residents typically participate in daily tasks and are often free to come and go voluntarily.

Heavy equipment means equipment that is self-powered and not moveable by human power.

Home occupation means an occupation or business activity which results in a product or service and is conducted, in whole or in part, in a dwelling unit, and is subordinate to the residential use of the dwelling unit.

Individual Sewage Disposal System (ISDS) means a system or facility for treating, neutralizing, stabilizing or disposing of sewage which is not a part of, or connected to, a sewage treatment works.

Infrastructure means those man-made structures which serve the common needs of the population, such as: potable water systems; wastewater disposal systems, solid waste disposal sites or retention areas; storm drainage systems; electric, gas or other utilities; bridges; roadways; bicycle paths or trails; pedestrian sidewalks, paths or trails; and transit stops.

Intermodal container, also known as "storage/shipping container" means a metal, fiberglass, or similar unit designed for intermodal freight transport, used for different modes of transport, including ship, rail, and truck, without unloading and reloading their cargo. Intermodal containers are to be used for the purpose of onsite storage only. Intermodal containers shall not be confused with sheds, storage sheds, car ports, storage buildings, whether metal or other material. This definition applies to all such containers regardless of size.

Junk yard means an industrial use (not permitted in residential, business or commercial districts) contained within a building, structure or parcel of land or portion thereof, used for collecting, storing or selling wastepaper, rags, scrap metal or discarded material or for collecting, dismantling, storing, salvaging or demolishing vehicles, machinery or other material, and including the sale of such material or parts thereof. Junkyard shall not include a recycling facility.

Land Use Administrator means the Town official appointed by the Board of Trustees to administer the provisions of this Chapter, or a designee thereof.

Light-duty equipment means equipment that may be carried or moved by a person carrying or pushing.

Lot means a subdivision of a block or other parcel intended as a unit for the transfer of ownership or for development.

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

Lot, corner, means a lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street and where, in either case, the interior angle formed by the intersection of street lines does not exceed one hundred thirty-five (135) degrees.

Lot depth means the average horizontal distance between front and rear lot lines.

Lot, double frontage, means a lot which runs through a block from street to street and which has two (2) nonintersecting sides abutting on two (2) or more streets.

Lot, interior, means a lot other than a corner lot.

Lot line means the property line bounding a lot.

Lot line, front, means the property line dividing a lot from the right-of-way of the street. For a corner lot, the shortest street right-of-way line shall be considered as the front lot line.

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

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

Lot, single tier, means a lot which backs upon an arterial highway, major street, railroad, physical barrier or nonresidential use, and to which vehicular access from the rear is usually prohibited.

Lot width means the average horizontal distance between side lot lines.

Manufactured housing/modular home means a single-family dwelling which meets the following criteria:

(1)

Is partially or entirely manufactured in a factory;

(2)

Is not less than twenty-four (24) feet in width and thirty-six (36) feet in length;

(3)

Is permanently affixed to and installed on an engineered, permanent foundation;

(4)

Has a pitched or cosmetically equivalent roof, and brick or wood exterior siding; and

(5)

Complies with applicable Town, state and/or federal codes. manufactured housing is built to HUD standards. Modular homes are built to conform to all state and local building codes.

Master Plan means the Town of South Fork Master Plan.

Mineral resource means coal, oil and natural gas, sulfur, sand and gravel, quarry aggregate, limestone, gypsum and any other inanimate constituent of the earth, in either solid, liquid or gaseous state which, when extracted from the earth, is useable in its natural form as a metal, a metallic compound, a chemical, an energy source, a raw material for manufacturing or construction materials. Mineral resource includes geothermal resources, but does not include existing water rights for domestic, agricultural or industrial purposes.

Mineral resource area means an area in which minerals are located in sufficient concentration in veins, deposits, bodies, beds, seams, fields, pools or otherwise, as to be capable of economic recovery. The term includes a new find of mineral resources in any location, reopening of a previously existing operation that had been closed, an old find that has not previously been developed and an area into which an existing and ongoing mining operation expands.

Mini-storage warehouse means a building containing separate, individual, private storage spaces, which may be of various sizes and which are rented pursuant to individual leases for varying periods of time.

Mixed use means the development of a lot, tract or parcel of land, building or structure with two (2) or more different uses, including but not limited to residential, office, retail, public uses, personal service or entertainment uses, designed, planned and constructed as a unit.

Mobile home means a structure or vehicle exceeding either eight and one-half (8½) feet in width or thirty-two (32) feet in length, without motor power, capable of being drawn by a motor vehicle, built on a permanent chassis designed for long-term residential occupancy or temporary office use, containing electrical, plumbing and sanitary facilities and designed to be installed in a permanent or semi-permanent manner. Mobile home shall not include any recreational vehicles, including camping units, travel trailers, park model trailers, campers or self-contained motor homes.

Mobile home park means a parcel of land which has been planned, improved or is currently used for the placement of mobile homes and contains more than one (1) mobile home lot.

Mobile home space means a plot of ground within a mobile home park designed for the accommodation of one (1) mobile home.

Natural features means:

(1)

Natural springs;

(2)

Areas of topography contain steepness, erosion characteristics, geologic formations, high visibility from off-site locations and/or presence of rock outcroppings; and

(3)

View corridors which present vistas to mountains and foothills, water bodies, open spaces and other regions of principal environmental importance.

Other mobile storage structures means semi-truck trailers, railroad cars, mobile homes, travel trailers, carts, utility trailers, and flatbed trailers, which are used for temporary or permanent storage.

Outdoor storage means the keeping, in an unroofed area, of any equipment, goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours.

Outlot means a lot representing the remaining aggregate of unsubdivided land, in those instances where large parcels of land are subject to future subdivision as part of a phased development.

Parcel means a lot or tract, or contiguous groups or portions of such lots or tracts.

Parking lot means an off-street parking area or vehicular use area.

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

Permit means a written authorization made by the Board of Trustees or its authorized agent.

Person means any individual, firm, partnership, corporation, joint venture, company or association.

Plan, preliminary, means the plat and or maps of a proposed subdivision or Planned Unit Development and specified supporting materials, drawn and submitted in accordance with the requirements of adopted regulations, to permit the evaluation of the proposal prior to detailed engineering and design.

Plan, sketch, means a map of a proposed subdivision or Planned Unit Development, drawn and submitted in accordance with the requirements of this Chapter, to evaluate feasibility and design characteristics at an early stage in the planning.

Planned Unit Development (PUD) means an area of land controlled by one (1) or more landowners, to be developed under unified control of a unified plan of development, for a number of dwelling units, commercial, educational, recreational or industrial uses or any combination of the foregoing, the plan for which does or does not correspond in lot size, bulk or type of use, density, open space and/or other zoning regulations.

Planning Commission means the officially appointed Planning Commission of the Town of South Fork, Colorado.

Plat, final, means a map and supporting materials of certain described land, prepared in accordance with subdivision and Planned Unit Development regulations, as an instrument for recording of real estate interests with the County Clerk and Recorder.

Plat, vacated, means a map indicating a proposed vacation of a dedicated street, road or easement, or a vacation of a subdivision to raw acreage.

Property line means the boundary of any lot, parcel or tract, as the same is described in the conveyance to the owner, and shall not include the public streets or alleys upon which the lot, parcel or tract may abut.

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

Recreational vehicle means a motor home, travel trailer, truck camper, camping trailer or van or bus conversion, or park model with or without motive power, designed for human occupancy, which meets all of the following criteria:

(1)

It contains less than four hundred (400) square feet.

(2)

It is built on a single chassis.

(3)

It is either self-propelled, truck-mounted or towable on the highways with or without a special highway movement permit.

Recreational vehicle lot means a subdivided parcel of land as platted in a recreational vehicle subdivision.

Recreational vehicle park means an area leased for the parking and use of recreational vehicles in an arrangement subject to Town regulations and review.

Recreational vehicle park model means a unit that is dependent on an independent plumbing system (no holding tank), designed for temporary human habitation for recreational or seasonal use only, which meets all of the following criteria:

(1)

It contains four hundred (400) square feet or less of gross floor area measured at the maximum horizontal projections.

(2)

It contains no holding tank for water and sewage.

(3)

It is built on a single chassis.

Recreational vehicle space means a leased parcel of land as defined in a recreational vehicle park.

Recreational vehicle subdivision means a subdivision where the land is subdivided into recreational vehicle lots owned by individuals or where the subdivided lots are owned by an overall membership organization of which individuals are members.

Registered professional engineer means a person who is qualified to perform engineering work and registered in conformance with Article 25 of Title 12, C.R.S.

Replat means a revised description of a previously platted and legally approved subdivision, subject to the review procedures described in this Chapter.

Right-of-way, public, means a general term denoting land, property or interest therein, usually in a strip acquired for or devoted to a highway and all streets, roadways, sidewalks, alleys and all other areas reserved for present or future use by the public, as a matter of right, for the purpose of vehicular or pedestrian travel.

Road, frontage, means a local street which is parallel and adjacent to expressways or arterials, and which provides access to abutting properties and protection from through traffic.

Road, public, means a road right-of-way or easement acquired by the Town by dedication, prescription or other legal means, but which may or may not have been accepted by a public government or agency for care and maintenance.

Screening means opaque fencing, evergreen vegetation or earth berms maintained for the purpose of concealing from view the area behind such screening.

Setback means the required unoccupied open space between the nearest projection of a structure and the property line of the lot on which the structure is located, except as modified by the standards of this Chapter. Required setbacks shall be unobstructed from the ground to the sky except for Subsection 16-5-50(d) of this Chapter.

Short-term rental unit means use and possession of a residence limited to a maximum of thirty (30) days.

Sign means any object or device, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination or projected images. If for any reason it cannot be readily determined whether or not an object is a sign, the Land Use Administrator shall make such determination.

Site specific development plan means a plan that has been submitted to the Town by a landowner or landowner's representative describing with reasonable certainty the type and intensity of use for a special parcel or parcels of property. Such plan may be in the form of a Planned Unit Development, a subdivision plat, a development agreement, a conditional use or a special use plan.

Skirting means metal, wood or other suitable building materials used to fully screen the area located between the surface of the ground and the frame of a mobile home or recreational vehicle.

Stacking means an area for motor vehicles to line up while waiting to go through a drive-through facility or within a designated drop-off or pickup zone.

Street means a public way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, and place or however otherwise designated.

(1)

Alley means a minor right-of-way dedicated to public use, which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which also may be used for public utility purposes.

(2)

Arterial highway means a right-of-way used primarily for fast or heavy traffic volumes for long distances and usually is, or would be, designated as a state or federal highway.

(3)

Major thoroughfare means a right-of-way that generally carries traffic throughout the Town or across urban communities.

(4)

Collector means a right-of-way which collects traffic from minor streets and serves as the most direct route to a major street or community facility.

(5)

Minor street means a right-of-way which is to provide access to adjacent properties and which is designed so that its use by arterial traffic shall be discouraged.

(6)

Cul-de-sac means a minor street having one (1) end open to vehicular traffic and one (1) end closed and terminated by a turnaround.

(7)

Marginal access or frontage street means a minor street auxiliary to and located on the side of a major thoroughfare or arterial highway for providing and controlling access to abutting properties and adjacent areas.

Street, local, means a street for residential areas which is anticipated to carry from one thousand (1,000) to two thousand five hundred (2,500) vehicles per day in traffic volume at desirable speeds of up to twenty-five (25) miles per hour and which connects with collector and arterial streets and adjacent neighborhoods.

Street, private, means a parcel of land not dedicated as a public street, over which a public access easement for street purposes has been granted to the Town, which intersects or connects with only one (1) other street, public or private, and where the instrument creating such easement has been recorded or filed in the office of the County Clerk and Recorder. The public access easement shall allow for access by police, emergency vehicles, trash collection and other service vehicles, utility owners and the public in general.

Structure means anything constructed or erected with a fixed location on the ground above grade, including a walled and roofed building or a manufactured home, but not including fence posts, poles, lines, cables or other transmission or other distribution facilities of public utilities.

Structure, accessory, means an attached or detached subordinate structure located on the same zone lot with the principal building, the use of which is customary and incidental to the use of the principal building.

Structure, nonconforming, means a lawful structure at the time this Chapter, or any amendments thereto, becomes effective, which does not conform to the requirements of the zone in which it is located. Any structure which is unlawful prior to the adoption of this Chapter shall remain an unlawful structure and be subject to enforcement contained in this Chapter.

Structure, temporary, means a structure without any foundation or footing and removed when the designated time period, activity or use for which the temporary structure was erected has ceased.

Subdivide means any act which is intended to or does result in the creation of a subdivision of land.

Subdivision or subdivided land shall be defined in these regulations in the same manner that such terms are defined in Section 30-28-10, C.R.S.

Substantial improvement means an increase of the footprint of a building by greater than twenty percent (20%).

Town means the Town of South Fork, Colorado.

Townhouse means a single-family dwelling that shares common walls with one (1) or more single-family dwellings and in which the underlying ground may be owned by the same or different owners.

Town Staff means the Town Administrator, Land Use Administrator, Town Planner, Town Clerk or other Board of Trustees designee.

Tract means a portion of land, usually not platted, delineated by a metes and bounds description.

Unstable or potentially unstable slope means an area susceptible to a landslide, mudflow, rock fall or accelerated creep of slope-forming materials.

Use means the purpose for which land or a structure is designed, arranged or intended or for which it is occupied or maintained.

Use, accessory, means a subordinate use which is customarily incidental to the principal building or to the principal use of the lot.

Use, conditional, means a use which may be permitted in a zone district upon issuance of a conditional use permit and subject to the limitations and conditions specified therein.

Use, nonconforming, means a use which lawfully occupied a building or land at the time this Chapter, or any amendment hereto, became effective, and which does not now conform with the use regulations applicable in the zone district in which it is located.

Use, permitted, means a use allowed by right in conformance with the particular zone district.

Use, principal, means the main use of land or structures as distinguished from a subordinate or accessory use.

Use, temporary, means a use which, by nature and intent, exists for a time determined by the Board of Trustees.

Vacated means a legal action, granted by the Board of Trustees, that formally removes a road or easement from an approved plat or property. As used herein, the terms road and easement shall be deemed to include any and all parcels upon which there has been legally sufficient acceptance of said dedication by the public or authorized agents, representatives or officials thereof.

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

Vested property right means the right to undertake and complete the development and use of the property under the terms and conditions of a site specific development plan.

Vision clearance area means a triangular area on a lot at the intersection of two (2) streets or a street and a railroad, two (2) sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in the regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two (2) sides. Where the lot lines and intersections have rounded corners, the lot lines shall be extended in a straight line to a point of intersection.

Walkway means an off-street pedestrian path.

Wetland means any land that qualifies as a wetland pursuant to the Federal Clean Water Act.

Wildfire hazard means a wildfire phenomenon which is so adverse to past, current or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property.

Wildfire hazard area means an area containing or directly affected by a wildfire hazard and which is identified and mapped by the State Forest Service.

Yard means an open space on a lot that is unobstructed from the ground upward except as otherwise provided in these regulations.

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

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

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

Zone district means any section or sections of the Town for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform.

Zone District Map means the official Zone District Map adopted by the Town by ordinance.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification); Ord. No. 2020-08, § 1, 9-22-2020; Ord. No. 2021-02, 2-23-2021)