This Chapter may be known and cited as the Town Zoning Code or the Town Zoning Ordinance.

(Ord. 209 Art. I §1, 1981; Ord. 435 §1, 1996)

(a)

The provisions of this Chapter are the minimum requirements for the protection of the public health, safety, comfort, convenience, order, prosperity and welfare. It is the intent of this Chapter to achieve the foregoing by regulating uses of land to prevent congestion of roads and streets; to minimize danger and loss from fire, flood and natural hazards; to prevent overcrowding of land and buildings; to avoid excessive concentration of population; to provide off-street parking; to maintain access to light and air; to preserve natural drainage ways and natural resources in a manner compatible with reasonable use of land; to protect and increase the tax base to pay for necessary community services and facilities; to foster economic development and thereby provide employment; to segregate conflicting uses of land; and to provide a reasonable use for all privately owned property consistent with the goals and policies of the comprehensive plan as developed and adopted to date.

(b)

Furthermore, the Town takes note of its limited capability to service new growth and hereby seeks to protect the citizens from adverse offensive noise, dust, odors, heat, glare, smoke, air pollution, water pollution, crowding of buildings and abnormal vehicular traffic.

(Ord. 209 Art. I §2, 1981)

(a)

This Chapter applies within the corporate limits of the Town now and hereafter established.

(b)

The provisions of this Chapter shall not annul or abrogate any lawful permit or use lawfully established on the effective date of the ordinance codified herein.

(Ord. 209 Art. I §3, 1981)

This Chapter is authorized by Chapter 31, Article 23, C.R.S. (Ord. 209 Art. I §4, 1981)

As used in this Chapter, the phrase used for includes arranged for, designed for, maintained for and occupied for.

(Ord. 209 Art. XI §1, 1981; Ord. 435 §1, 1996)

As used in this Chapter the following words shall be interpreted and defined in accordance with the provisions set forth in this Section:

Accessible year around means an area that can be accessed for its designated purpose regardless of weather circumstances. Such an area shall be graded sufficiently to be accessible for its intended purpose and shall be able to be maintained clear of snow and debris.

Accessory ground-mount solar energy system means a solar energy system that is structurally mounted or ballasted to the ground. An accessory ground-mount solar energy system is not roof-mounted and the use and the structure is an accessory use of the lot or principal building located on the same lot.

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. An alley may be used for public utility purposes. An alley shall be twenty (20) feet wide unless platted otherwise.

Alternative tower facility means an existing or proposed structure that is compatible with the natural setting and surrounding structures and that camouflages or conceals the presence of the antennae and can be used to house or mount a CMRS antenna. Examples include manmade trees, clock towers, bell steeples, light poles, silos, existing utility poles, existing utility transmission towers and other similar alternative designed structures.

Animal hospital means a veterinary hospital where animals are brought for medical and surgical treatment to be held during the time of such treatment. All facilities for holding the animals on the premises shall be housed in a completely enclosed building and used incidental to such medical and surgical services only.

Building means any structure built for the shelter or enclosure of persons, animals, chattels, property or substances of any kind, excluding fences. To qualify as one (1) building for the purposes of this Chapter, all portions, additions or extensions shall be connected by an attachment that is an enclosed part of the building, and which is usable by the occupants thereof.

Building, accessory means a building detached from the principal building on the lot which meets the requirements of Section 16-72.

Building height means the vertical distance measured from the average natural grade within the building footprint to the uppermost point of the roof of the building. Average natural grade is one-half (½) the sum of the highest point and the lowest point that is within the building footprint.

Building, principal means the main building on a lot as distinguished from a subordinate or accessory building.

Business and professional office means the office of an engineer, dentist, doctor, attorney, real estate broker, insurance broker, architect or other similar professional persons; and any office used primarily for accounting, correspondence, research, editing or administration.

Cafe, restaurant or cafeteria means a commercial eating establishment where snacks or meals are vended for consumption indoors on the premises.

Child care center means a facility that:

(1)

Is not a residence;

(2)

Is licensed by the state, and;

(3)

Is maintained for the whole or part of a day for the care of more than five (5) or more children under the age of eighteen (18) years of age and who are not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes pursuant to Section 26.5-5-303(3) C.R.S.

The term includes facilities commonly known as child care centers, school age child care centers, before-and after-school programs, day care centers, day nurseries, nursery schools, kindergartens, preschools, play groups, day camps, summer camps and centers for developmentally disabled children; except that the term shall not apply to any kindergarten maintained in connection with a public, private or parochial elementary school system. The term shall not include any facility licensed as a day care home under the provisions of this Chapter. The term does not include any such facilities which may serve as the primary residence of said children on a twenty-four-hour basis, in which case such a facility shall be regulated as a group home or group living quarters.

Clinic means offices for one (1) or more physicians, surgeons, dentists or other practitioners of the healing arts, but does not include rooms for the abiding of patients.

Club means any nonprofit membership organization, including a lodge catering exclusively to members, and whose facilities are limited to meeting, eating and recreational uses and whose activities are not conducted principally for monetary gain.

Club, for profit means any establishment catering exclusively to members and whose facilities are used for meeting, eating and recreational uses and whose activities are conducted principally for monetary gain. Activities on the premises may include the consumption of legal drugs and alcohol, provided that all licenses, permits and other approvals necessary for such consumption at the particular location to be lawful are obtained and maintained and that all other laws, rules and regulations applicable to such consumption at the particular location are met.

Commercial amusement means an enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, where tickets are sold or fees collected at the activity. Commercial amusements include miniature golf courses, arcades, Ferris wheels, children's rides, roller coasters, skating rinks, ice rinks, bowling alleys, pool parlors and similar activities.

Commercial mobile radio service (CMRS) facility means unmanned facility consisting of antennas, equipment and equipment storage shelter and/or cabinet(s) used for the reception, switching and/or transmission of wireless telecommunications including, but not limited to, paging enhanced specialized mobile radio, personal communication services, cellular telephone and similar technologies.

Common open space means a parcel of land, an area of water or a combination of both land and water, within any site designated as a planned unit development. Common open space does not include streets, alleys, parks, off-street parking and loading areas, public open space or other facilities dedicated by the developer for public use. Common open space shall be substantially free of structures, but may contain such improvements that are approved as part of the planned unit development and are appropriate for the recreation of residents of the planned unit development.

Common property means a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in planned unit development or other described land areas.

Comprehensive development plan means the comprehensive plan for the Town which has been officially adopted to provide long-range development policies for the Town and which includes, among other things, the plan for land use, land subdivisions, circulation and public facilities.

Density means the number of dwelling units per acre of land devoted to housing and related open space.

District means an area or areas within the limits of the Town for which the regulations and requirements governing use, lot and bulk of building and premises are uniform.

Drive-in establishment means an establishment which is designed to provide, wholly or in part, service to customers while they remain in their automobiles parked upon the premises.

Duplex means one (1) structure on a single lot containing two (2) single-family dwelling units, each of which is functionally separate from the other. The dwelling units must be separated from each other by a one-hour fire wall or floor.

Dwelling, multi-unitor multifamily means a building used by two (2) or more families living independently of each other in separate dwelling units, but does not include hotels, motels or resorts.

Dwelling, single-family means a detached principal building other than a mobile home designed for or used as a dwelling exclusively by one (1) family as an independent living unit.

Dwelling unit means one (1) or more rooms with internal connections that provides complete independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Dwelling unit, accessory means a dwelling unit that is an accessory building for a single household and that remains under the same ownership as the principal dwelling unit on the lot. There are two (2) types of accessory dwelling units:

a.

Integrated accessory dwelling unit means a separate and complete dwelling unit that is located inside of, or attached by a shared common wall to, the principal dwelling unit, permitted under the provisions of Section 16-98.

b.

Detached accessory dwelling unit means a separate and complete dwelling unit within an accessory building permitted under the provisions of Section 16-98.

Easement means authorization by a property owner for the use by the public, a corporation or persons of any designated part of his or her property for specific purposes.

Employees means all persons, including proprietors, working on the premises during the largest shift at peak season.

Equipment storage shelter means unmanned accessory structure or cabinets used for freestanding facilities or, when necessary, roof- or building-mounted facilities to house CMRS equipment. Said shelters and/or cabinets shall not exceed three hundred fifty (350) square feet for each facility.

Expansion and remodeling mean work performed to increase the finished or usable square footage of the structure or increase the footprint of the structure and includes, but is not limited to, installing new or enlarging existing windows, adding decks over thirty (30) inches high, finishing the basement, converting the garage or other uninhabitable space to habitable space or constructing an accessory structure.

Family means an individual or two (2) or more persons related by blood or marriage, or an unrelated group of not more than four (4) persons living together in a dwelling unit.

Family care home means a facility for child care in a place of residence of a family or person for the purpose of providing family care and training for a child under the age of sixteen (16) years who is not related to the head of such home, and such facility is licensed pursuant to Section 26-6-102(4), C.R.S. The term includes any family care home receiving a child for regular twenty-four-hour care and any home receiving a child from any State-operated institution for child care or from any child placement agency.

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, and used for confinement, screening or partition purposes.

Fourplex means one (1) structure on a single lot containing four (4) single-family dwelling units, each of which is functionally separate from the other. The dwelling units must be separated from each other by a one-hour fire wall or floor.

Freestanding facility means a CMRS facility that consists of a stand-alone support structure, antennas and associated equipment storage shelter.

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

Garage, private means an accessory building or accessory portion of the main building designed for the shelter or storage of motor vehicles owned or operated by occupants of the main building only.

Garage, public means a garage, other than a private garage, used for the housing or care of motor vehicles, or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

Guest house means an accessory building to a single-family dwelling unit which is serviced through the same utility meters or connections as the principal use and is intended for occupancy only by guests of the family residing in the single-family residence. The guests may not pay compensation for the use of the guest house and may not stay in the guest house for more than thirty (30) consecutive days, and kitchen facilities shall not be allowed. The same guests residing in the guest house for more than thirty (30) days in any one-year period shall be prima facie evidence of an intent by the occupant of the single-family dwelling to circumvent this provision.

Hedge means a fence or boundary formed by a dense row of shrubs or low trees.

Home occupation means an occupation carried on in the dwelling or accessory building by members of the family occupying the dwelling, and up to one (1) on-site employee; provided that the residential character of the building is maintained and the occupation is conducted in such a manner as not to infringe upon the right of neighboring residents to enjoy a peaceful occupancy of their homes.

Homeowners' association means an incorporated, nonprofit organization operating under recorded land agreements through which:

a.

Each lot and/or homeowner in a planned unit development or other described land area is automatically a member;

b.

Each lot is automatically subject to charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and

c.

Such charge, if unpaid, becomes a lien against the property.

Hospital means any building or portion thereof used for diagnosis, treatment and care of human ailments; but does not include medical clinics, rest homes and retirement homes.

Hotel means a commercial establishment that provides temporary lodging in rooming units.

In-home child care means a place of residence that is licensed by the State and provides less than twenty-four-hour care within the provider's place of residence.

Kennel means a lot or building in which four (4) or more dogs or cats at least six (6) months of age are kept commercially for board, propagation or sale.

Laboratory means a building or portion of a building devoted to experimental studies or testing and analysis of materials.

Large-scale solar energy system means a ground-mount solar energy system that occupies more than forty thousand (40,000) square feet of surface area and is the principal use on the lot.

Lot means a portion or parcel of land (whether a portion of a platted subdivision or otherwise) occupied or intended to be occupied by a building or use and its accessories, together with such yards as are required under the provisions of this Chapter, having not less than the minimal area, usable open space and off-street parking spaces required by this Chapter for a lot in the district in which such land is situated, and having frontage on a street. A lot must be an integral unit of land held under unified ownership in fee or in co-tenancy, or under legal control tantamount to such ownership. A lot shall not include a tract.

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

Lot, corner means a lot of which at least two (2) adjacent sides abut for their full length upon a street.

Lot coverage means the percentage of the total lot area available for bulk or buildings.

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

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

Lot, interior means a lot other than a corner 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 line. For a double frontage lot, the local street right-of-way line shall be considered as the front lot line, or, if both streets are local streets, the lot line to the front of a structure or abutting structures as established by architectural detail and plan 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 lot line other than a front or rear lot line.

Lot width means the distance on a horizontal plane between the side lot lines of a lot, measured at right angles to the line establishing the lot depth at the established building setback line.

Maintenance. See the definition of repair andmaintenance below.

Maximum employment means the average number of persons employed on the primary shift during the annual peak production period.

Medium-scale solar energy system means a ground-mount solar energy system that occupies forty thousand (40,000) square feet of surface or less and that is the principle use on the lot.

Microcell facility means CMRS facility used to provide increased capacity in high-call demand areas or to improve coverage in areas of weak coverage that is no larger in dimensions than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that has an exterior antenna, if any, that is no more than eleven (11) inches in length.

Mineral processing means facilities for processing ores and minerals to extract salable components and store unusable components (tailings) in settling ponds and landfill. Includes unit operations such as crushing, grinding, flotation, gravity and magnetic separation and pumping.

Mixed use means a multi-use structure containing a mixture of commercial and/or office uses combined with residential uses. For a multi-level structure, all of the street level frontage, including at least thirty percent (30%) of the total square footage of the structure, shall be used for commercial and/or office uses. For a single-level structure in the CBD and GC zoning districts, at least thirty percent (30%) of the total use shall be commercial and/or office uses, including all of the street level frontage.

Mobile home is defined in Section 16-121 of this Chapter.

Mobile home park is defined in the mobile home ordinance of the Town.

Motel means a hotel which usually is arranged in such a manner that individual rooming units are directly accessible from an automobile parking area.

Nonconforming lot means any parcel of land, held in separate ownership from adjoining properties, that does not conform to the minimum lot area or any other lot requirement required by this Chapter, prior to the effective date of the ordinance codified herein or any predecessor or amendment thereto.

Nonconforming situation means the situation when, on the effective date of this Chapter, an existing lot or structure or use of an existing lot or structure does not conform to one (1) or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum square footage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this Chapter, or because land or buildings are used for purposes made unlawful by this Chapter. Nonconforming signs shall not be regarded as nonconforming situations for purposes of this Chapter but shall be governed by the provisions of Chapter 18, Article V.

Nonconforming structure or use means a lawful existing structure or use at the time the ordinance codified herein or any amendments thereto became effective which does not conform to the requirements of the district in which it is located.

Nursing home means a commercial institution providing residential accommodations together with living assistance, healthcare service(s), and/or skilled nursing service(s) and may include hospice care.

Off-street loading space means an accessible year around space located outside of a public street or alley for the discharge of passengers, or a space directly accessible year around to the building it serves for bulk pickups and deliveries by delivery vehicles.

Off-street parking area means any parking area located wholly off a public street or alley within the limits of one (1) or more lots in which the parking use is permitted and that results in no net loss of established or potential public parking.

Open space means land which is free of structures which are not directly related to the function of the open space.

Outlot means an area of a plat set apart for uses different than the uses on the lots on the plat. Unless specifically stated otherwise on the plat, no buildings shall be allowed on an outlot, and an outlot shall be considered a portion of the plat set aside by the owner for open space purposes for the benefit of the property owners of the remainder of the property on the plat.

Paid parking operations means a site or a portion of a site, devoted to the off-street parking of vehicles, including parking spaces, and for which consideration is provided in exchange for the ability to park a vehicle. The operations include any devices and tools used to manage the payment of consideration including parking kiosks, signs, meters, and other similar tools.

Parking lot means a site or a portion of a site, devoted to the off-street parking of vehicles, including parking spaces, aisles, access drives, and landscaped areas, and areas providing vehicular access to a public street.

Parking space means a rectangular area of private property owned by or under the permanent control of the applicant containing no less than one hundred eighty (180) square feet with maneuvering and access space accessible year-round of twenty (20) feet in length and nine (9) feet in width.

Permitted use means a use specifically allowed in one (1) or more of the various districts without the necessity of obtaining a use permit.

Personal service shop means an establishment for the purpose of supplying limited personal services such as, but not limited to, barber shops, shoe shops, boot shops or beauty shops.

Planned unit development means a project of a single owner or a group of owners acting jointly, involving a related group of residences, businesses or industries and associated uses, planned as a single entity and therefore subject to development and regulation as one (1) land-use unit rather than as an aggregation of individual buildings located on separate lots. The planned unit development includes usable, functional open space for the mutual benefit of the entire tract; and is designed to provide variety and diversity through the variance of normal zoning and subdivision standards so that maximum long-range benefits can be gained, and the unique feature of the development or size preserved and enhanced while still being in harmony with the surrounding neighborhood. Approval of a planned unit development does not eliminate the requirements of subdividing.

Planning Commission means the officially appointed Planning Commission of the Town.

Premises means a general term which means part or all of any lot, parcel or tract, or part or all of any building, or structure or group of buildings or structures located thereon.

Primary residence shall have the same meaning as set forth in Section 6-92 of this Code.

Private horse stables means any area wherein a horse, mule and/or donkey is maintained for private, noncommercial recreation.

Private utility means any utility other than a municipally owned and operated utility, including telephone, electric and gas utilities, and other privately owned and operated utilities.

Property line means the boundary of any lot, parcel or tract as the same is described in the conveyance of such property to the owner and does not include the streets or alleys upon which said lot, parcel or tract abuts.

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

Public horse stables means any area wherein a horse, mule and/or donkey is maintained for public, commercial, recreation for hire or boarding for hire.

Rate, as pertains to mineral processing, means the amount of ore or other raw material delivered to the processing site on a daily basis.

Remodeling. See the definition of expansion and remodeling above.

Repair and maintenance mean work performed that does not increase the finished or usable square footage of the structure and does not increase the footprint of the structure to include repairs to existing roofing, siding, windows, plumbing fixtures, electrical fixtures, flooring, walls or building supports. Repair and maintenance do not include any work performed to expand or remodel the structure.

Repeater facility means CMRS facility that extends coverage of a cell.

Retail means sale to the ultimate consumer for direct consumption and/or use and not for resale.

Retirement home means a commercial institution providing long-term (greater than thirty (30) days) residential accommodations for persons customarily aged sixty (60) or older and which institution includes the provision of services, activities, and living assistance typically desired and needed by the institution's residents.

Rights-of-way, public means all streets, roadways, sidewalks and 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.

Roof-mount solar energy system means a solar energy system that is structurally mounted to or ballasted on the roof of a building or structure. A roof-mount solar energy system is an accessory use of a building located on the same lot.

Roof-, structure- or building-mounted facility means CMRS facility in which antennas are mounted to an existing structure, on a roof of a building or on the building face. The facility will include both antennas and related equipment. The equipment may be located in the existing structure, or within an unmanned equipment storage shelter. Facilities within this category may include microcell or repeater facilities.

Rooming unit means a room which may be used for sleeping, eating, cooking, and sanitation within a principal commercial (mixed use, hotel, or motel) building.

Salvage yard means any lot, parcel or tract used for the storage, keeping, sale or abandonment of salvage items and/or for the permanent dismantling, demolition or abandonment of automobiles, or other salvage items or parts thereof.

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

Service station means a building or premises on or in which the principal use is the retail sale of gasoline, oil or other fuel for motor vehicles; and which may include, as an incidental use only, facilities used for the polishing, greasing, washing or other cleaning or light servicing of motor vehicles, convenience store or tire sales; but which may not include liquefied petroleum gas distribution facilities, facilities for major repairs of motor vehicles, or rental operations.

Setback line means a line or lines designating the area outside of which buildings may not be erected.

Shopping center means a composite arrangement of shops and stores, developed as an integral unit, which provide a variety of goods and services to the general public.

Short-term rental shall have the same meaning as set forth in Section 6-92 of this Code.

Sign is as defined in the sign code of the Town.

Small cell network means a collection of interrelated small cell facilities designed to deliver wireless service.

Small CMRS cell facility means either:

(1)

A personal wireless service facility as defined by the Federal Telecommunications Act of 1996, as amended as of August 6, 2014; or

(2)

A wireless service facility that meets both of the following qualifications:

a.

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

b.

Primary equipment enclosures are not larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch; or

c.

A microcell facility, as defined in this section.

Small-scale solar energy system means a ground-mounted solar energy system that occupies up to one thousand seven hundred fifty (1,750) square feet of solar panel surface area or solar panels that are mounted solely on existing roof. Small scale solar energy systems are considered an accessory structure and an accessary use on the lot.

Small wind turbine means a wind energy conversion system consisting of wind turbines, towers and associated control or conversion electronics, which has a rated capacity of twenty (20) kilowatts or less.

Solar energy system means any device or structural design feature whose primary purpose is to provide for the collection, storage, or distribution of solar energy for space heating, space cooling, electricity generation, or water heating.

Special review use means a use which, although not permitted outright in a particular district, may be permitted by the Planning Commission and the Board of Trustees in accordance with the standards and procedures set out in this Chapter.

State-licensed group home means a home licensed by the State which services not more than eight (8) developmentally disabled persons (person having cerebral palsy, multiple sclerosis, mental retardation, autism or epilepsy) and appropriate staff.

Street means the entire width between the boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic and placement of utilities; and includes the terms road, highway, lane, place, avenue and alley or other similar designations.

Street, arterial means any street serving major traffic movements which is designed primarily as a traffic carrier between cities or between various sections of the Town, which forms part of a network of through streets, and which provides service and access to abutting properties only as a secondary function.

Street, collector means any street designed primarily to gather traffic from local or residential streets and carry it to the arterial system.

Street, freeway means any divided street or highway with complete access control and grade-separated interchange with all other public streets and highways. For the purposes of this Chapter, the term freeway includes the term expressway.

Street, frontage means a local street lying parallel to and adjoining an arterial street or freeway right-of-way, which provides access to abutting properties and protection from through traffic.

Street, local means any street other than an arterial, collector or freeway street.

Structural alteration means any change to the supporting members of a structure including foundations, bearing walls, partitions, columns, beams or girders; or any structural change in the roof.

Structure means anything constructed or erected with a fixed location from the ground above grade, but does not include poles, lines, cables or other transmission or other distribution facilities of public utilities.

Tiny house village means three (3) or more dwelling units in separate structures that are one hundred (100) to eight hundred (800) square feet in size on a permanent foundation. Each structure is built in accordance with the applicable building code.

Townhouse means one (1) of a group of not fewer than three (3) nor more than twelve (12) attached dwelling units, each dwelling unit located on a separate lot. No single group shall exceed two hundred forty (240) feet in length.

Travel campers, also to include facilities referred to as campers, camp trailers or travel trailers, means a living unit designed for temporary occupancy and equipped for use with wheels or mounted on motorized vehicles for the purposes of relocation by highway transportation.

Triplex means one (1) structure on a single lot containing three (3) single-family dwelling units, each of which is functionally separate from the other. The dwelling units must be separated from each other by a one-hour fire wall or floor.

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

Use, accessory means a use subordinate to the primary or principal use of a building which meets the requirements of Section 16-72.

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

Variance means a legal modification of applicable zoning district provisions, such as yard, lot area or width, use, building, setback and off-street parking and loading regulations, granted due to the peculiar conditions existing within a single piece of property.

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 will be extended in a straight line to a point of intersection. The vision clearance area contains no planting, walls, structures or temporary or permanent obstructions exceeding two and one-half (2½) feet in height measured from the top of the curb or existing grade unless said structures or obstructions are more than eighty percent (80%) open.

Wind tower means the monopole or guyed monopole structure that supports a small wind turbine.

Wind turbine means the blades and associated mechanical and electrical conversion components whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.

Wireless facilities means a commercial mobile radio service facility, an equipment storage shelter, a freestanding facility, a microcell facility, a repeater facility and any appurtenances thereto.

Yard means an open space on a lot which is unobstructed from the ground upward except as otherwise provided in this Chapter.

Yard, front means the yard between the side lot lines and measured horizontally at right angles from the front lot line to the principal structure.

Yard, rear means the yard extending between the side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of the principal structure.

Yard, side means the yard between a principal structure and the side lot line, measured horizontally at right angles to the side lot line from the side lot line to the nearest point of the main principal structure.

(Ord. 209 Art. XI §1, 1981; Ord. 422 §§4 6, 1996; Ord. 435 §1, 1996; Ord. 453 §1, 1997; Ord. 455 §1, 1997; Ord. 507 §1, 1999; Ord. 645 §§1, 2, 2008; Ord. 648 §8, 2008; Ord. 680 §2, 2010; Ord. 722 §1, 2013; Ord. 725 §9, 2013; Ord. 751 §1, 2017; Ord. 784 §1, 2018; Ord. 791 §1, 2018; Ord. 804 §2, 2020; Res. 2021-06 §§1, 2, 2021; Ord. 843, §1, 2023; Ord. 853, §2, 2023; Ord. 854, §2, 2023; Ord. 855, §2, 2023)

After the effective date of the ordinance codified herein, no structure or premises shall be used or occupied, and no structure or portion thereof shall be erected, moved, constructed, reconstructed, extended, enlarged or altered contrary to the provisions of this Chapter. No portion of a lot area, open space, off-street parking space or yard required about or in connection with any building for the purposes of complying with this Chapter may be included as a portion of a lot area, open space, off-street parking area or yard similarly required for any other building or its use.

(Ord. 209 Art. I §5, 1981)

Whenever a provision of this Chapter or any provision of any other law, ordinance, resolution, rule or regulation of any kind contain any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern. All uses and all locations and bulk permitted under the terms of this Chapter shall be in conformity with all other provisions of law.

(Ord. 209 Art. I §6, 1981; Ord. 435 §1, 1996)

The location and boundaries of the districts designated in this Chapter are established as shown on the map entitled "Zoning District Map of the Town of Nederland" dated November 17, 1981, signed by the Mayor and the Town Clerk, and hereafter referred to as the zoning map.

(Ord. 209 Art. I §7, 1981)

(a)

The zoning map and all the notations thereon are made part of this Chapter.

(b)

A signed copy of the zoning map containing the zoning districts designated at the time of the adoption of this Chapter shall be maintained without change on file in the office of the Town Clerk.

(c)

Changes made in district boundaries or other matter portrayed on the zoning map shall be made in accordance with the provisions of this Chapter. Changes shall be entered on the zoning map promptly after the amendment has been approved by the Board of Trustees. A copy of each amended map shall be kept permanently on file by the Town Clerk.

(Ord. 209 Art. I §8, 1981)

If, in the sole discretion of the Zoning Administrator, an application submitted pursuant to this Chapter is of sufficient complexity to require more than routine review and evaluation, the Zoning Administrator, Planning Commission and/or Board of Trustees, or, if the receipt of information necessary to review and evaluation is not available in a timely manner, the Zoning Administrator may extend the deadlines established herein for public hearing and/or action by the Planning Commission and/or Board of Trustees and must provide the Planning Commission and/or Board of Trustees documentation of all relevant issues discussed with the applicant. Unless otherwise agreed to by the applicant, the time frame for review by the Town shall not exceed six (6) months.

(Ord. 382 §5, 1994; Ord. 645 §3, 2008; Res. 2021-06 §3, 2021)