The following words and phrases, when used in this Chapter, shall have the following meanings:

Accessory use means an activity incidental to and located on the same premises as a principal use conducted by the same person or his or her agent.

Alley means a public right-of-way within a block upon which the rear of building lots generally abut; its use is for secondary access to the lot and for service purposes.

Alteration means any act or process which changes one or more of the exterior architectural features of any structure.

Arterial street means any State or federal numbered highway, or any other street having a right-of-way width greater than 60 feet.

Bed and breakfast means a portion of an owner-occupied dwelling unit or detached accessory structure offering transient lodging and breakfast to paying guests on an overnight basis, usually staying seven days or less. The use of a dwelling as a bed and breakfast shall not be considered as an accessory use or a home-based business.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building height means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

1.

The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet above the lowest grade; or

2.

An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in Paragraph 1. above is more than ten feet above lowest grade.

Channel means a natural or artificial watercourse or drainage way of perceptible extent with definite bed and banks to confine and conduct continuously or periodically flowing water.

City Council means the City Council of the City of Victor, Colorado.

Collector street means a street designed to serve the local needs of the neighborhood and to provide direct access to nonresidential, abutting properties. All traffic carried by collector streets should have an origin or a destination within the neighborhood.

Common open space means a parcel of land, an area of water or a combination of land and water, within the site designated for a Planned Unit Development (PUD) or subdivision, designed and intended primarily for the use or enjoyment of residents, occupants and owners of the PUDs.

Conditional use means a use of land within any particular zoning district that is authorized only when and if a conditional use permit is granted therefor in accordance with procedures and requirements as set forth in this Chapter.

Corner lot means a lot which occupies the interior angle at the intersection of two streets which make an angle of less than 135 degrees with each other and either or both of said streets provide primary access to the property.

Development means any man-made change to improved or unimproved real estate, including but not limited to construction, demolition, renovation, rehabilitation, mining, dredging, filling, grading, paving, excavation or drilling operations.

Drainage way means a natural or artificial land surface depression with or without perceptively defined beds and banks to which surface runoff gravitates and collectively forms a flow of water continuously or intermittently in a definite direction.

Dwelling means a permanent building that contains a kitchen and is used for the private residence or sleeping place of one or more persons, but not including temporary structures.

Dwelling unit means a room or group of internally connected rooms that have sleeping, cooking, eating and sanitation facilities intended for use by one family.

Exterior architectural feature means the architectural style, design, general arrangement and components of all the outer surfaces of a structure or improvement, including but not limited to the color, texture, materials, type and style of all windows, doors, lights, signs and other fixtures appurtenant to the structure or improvement.

Family means any number of persons, including domestic employees, living and cooking together on the premises as a single household unit, but excluding any group of more than three individuals not related by blood or marriage.

Flood means a rise in stream flow above the normal level which results in water flowing or standing beyond the banks of the channel.

Floor area means the area included within the surrounding exterior walls of a building, exclusive of courts.

Footprint means the outline of the total area that is covered by a building's perimeter at ground level.

Front lot line means the property line parallel to the street or avenue. On corner lots, the front lot line shall be the line contiguous to the street or avenue of the property's address.

Front yard means a yard extending the full width of the lot or parcel, the depth of which is measured in the least horizontal distance between the front lot line and the nearest wall of the principal building.

Garage means a building designed and used for the housing of motor vehicles.

Grade means the lowest point of elevation of the finished surface of the ground within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.

Gross floor area means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, any space where the floor-to-ceiling height is less than six feet, or any area more than 50 percent below grade.

Hotel and motel means any nonresidential building or portion thereof providing guestrooms used, designed to be used, let or hired out for occupancy by persons on more or less a temporary basis.

Improvement means any building, structure, place, work of art or other object constituting a change to real property or any part thereof.

Industrial use means property used for industrial purposes, such as factory offices, factory warehouses, industrial parks or light and heavy manufacturing buildings.

Intermodal shipping container means a pre-fabricated, standardized, reusable, metal container designed and intended for transporting cargo on ocean-going ships, trains or tractor trailers, also commonly called cargo containers , transport containers or marine cargo containers. This definition includes Conex and railroad cars.

Landscaping means the preservation of the existing trees, shrubs, grass and decorative materials on a lot, tract or parcel of land, the rearrangement thereof or the modification thereof by planting or installing more or different trees, shrubs, grass or decorative materials.

Lodging accommodations means hotel rooms, motel or inn rooms, vacation rentals and bed and breakfasts that are used for the purposes of transient use or occupancy.

Lot or parcel means a measured portion of property intended as a unit for transfer of ownership or lease or for development.

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

Maintenance means the keeping of property in an existing state with similar and like materials. Examples of maintenance include, but are not limited to, scraping and painting, replacement of rotted wood or broken glass, repair work on steps and porches, replacement of existing doors and windows and replacement of shingles. Examples that are not considered maintenance include, but are not limited to, the alteration of a roof line, addition of bay windows or dormers and addition of porches and roofs.

Manufactured housing or manufactured home means a structure, transportable in one or more sections, partially or entirely manufactured in a factory, which is not less than 24 feet in length and 36 feet in width, installed on an engineered permanent foundation and has brick, wood or cosmetically equivalent exterior siding and a pitched roof, and is certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.C. § 5401 et seq., as amended.

Manufactured/mobile home park means a single parcel of land which has been planned and approved for the placement of mobile and manufactured homes for non-transient use.

Membrane structure means a structure with a frame consisting of tubular metal, plastic, wood or any other framing material and covered with a plastic or other membrane fabric material.

Mobile home means a single-family dwelling unit with a living area of at least 500 square feet or more, partially or entirely manufactured in a factory, built on a permanent chassis and designed to be transported on streets to the place where it is to be occupied as a dwelling unit and built prior to the effective date of the "National Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.C. § 5401 et seq., as amended.

Modular home means a single-family dwelling assembled from pre-manufactured sections at the building site. Modular homes are built to either local or State building codes.

Nonconforming lot means a lot or parcel of land which, as the result of the adoption of dimensional requirements contained within this Chapter, fails to meet the minimum dimensional requirements for the zoning district in which it is located.

Nonconforming structure means a structure which was originally constructed in conformity with zoning and building code regulations or ordinances in effect at the time of its construction, but which no longer conforms to the dimensional or other requirements imposed by the zoning district in which it is located.

Nonconforming use means the use of land or a building or structure which was originally established in conformity with the zoning and building code regulations or ordinances in effect at the time of its development, but which is no longer allowed as a permitted use under the regulations imposed by this Chapter for the zoning district in which it is located.

Open space means that portion of the net site not covered by buildings, parking areas, driveways or other impervious surfaces, which is devoted to the purpose of outdoor living spaces for the residents, and may include lawn areas, walkways, sitting areas, courtyards, outdoor recreation facilities and landscaped areas. Recreation buildings, gazebos, tennis courts, swimming pools or other meaningful recreation facilities common to the residents shall be considered open space.

Planned Unit Development (PUD) means an area of land, controlled by one or more landowners, to be developed under unified control or a unified plan of development for a number of dwelling units, 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.

Pocket park (also known as a parkette or mini-park ) is a small park accessible to the general public. Pocket parks are frequently created on a single vacant building lot or on small, irregular pieces of land. They also may be created as a component of the public space requirement of large building projects.

Principal use means a use by right which is permitted anywhere within the particular zone district in which it is identified.

Property means real property, including improvements thereon.

Real property means land that has been legally defined and the improvements to it have been made by human efforts: buildings, machinery, wells, dams, ponds, mines, canals, roads, etc.

Rear lot line means the property line of a lot opposite the front lot line.

Recreation vehicle ( RV ) means a vehicular or portable unit mounted on a chassis and wheels, which either has its own motive power or is mounted on or drawn by another vehicle, such as travel trailers, tent trailers, truck campers, camping trailers or motor homes. A recreational vehicle is generally not designed or intended for use as a permanent dwelling place, but is to provide temporary living or sleeping quarters for recreational, camping or travel use.

Recreational vehicle park ( RV park ) or caravan park is a place where people with recreational vehicles can stay overnight, or longer, in allotted spaces.

Setback means the horizontal distance between a lot line and the nearest vertical part of any building or structure, except that the City may determine the distance that an eave, awning or other architectural projections may project into the setback.

Short-term rental means rental of all of a furni shed residential dwelling (e.g. historically used or intended for use as a single family residence which includes a kitchen, sanitation facilities, bedrooms, etc.) for less than 30 days. This definition of short-term rentals excludes hotels, motels, boarding houses and bed and breakfasts.

Side lot line means any property line other than a front or rear lot line.

Sight distance triangle means, on corner lots and where streets, alleys or driveways intersect each other, a triangle measured from the point of intersection of the flow lines abutting streets and/or alleys and driveways a certain distance along each such flow line.

Special event means any event where a large number of people are brought together to watch or participate. Examples of special events include summer festivals, concerts, races, national celebrations, sporting competitions, exhibitions, tractor pulls and demolition derbies.

Street means any public or private thoroughfare which affords a principal means of access to abutting property, including public rights-of-way, highways, roads and avenues.

Street frontage means that portion of a lot abutting a street and situated between lot lines intersecting such street; also referred to as lot frontage.

Structure means anything constructed or erected, the use of which requires location on the ground or is attached and/or supported by something on the ground, including but not limited to buildings, mobile and manufactured homes, billboards, swimming pools or the like, or part thereof.

Subdivision means the division of any land into two or more lots, parcels, tracts, plats, sites or separate interests, or such other division, for the purpose, whether immediate or future, of sale or transfer of ownership, for building or other development or for the creation of streets or other rights-of-way. Subdivision shall also mean the consolidation, aggregation and reconfiguration of lots. Unless otherwise specified, the term subdivision does not apply to any of the following divisions of land:

1.

Created by order of a court of competent jurisdiction in this State or by operation of law, provided that the City is given notice of and an opportunity to participate in any judicial proceedings prior to the entry of any such court order;

2.

Which create separate but undivided interests in a tract of land, such as joint tenancy, tenancy in common, tenancy in entirety, trust, lien mortgage, deed of trust or other security interest, unless such separate interests apply to less than all of the tract;

3.

Which create cemetery lots;

4.

Which create an interest in oil, gas, minerals or water which is severed from the surface ownership or real property; or

5.

Which create a utility easement or an easement unrelated to the use of the surface estate.

Subdivision improvements agreement means a written contract between the City and a subdivider providing for and describing conditions of approval for the subdivision.

Transient use or transient occupancy means occupancy of a lodging accommodation by any person other than the primary owner for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days.

Use means the purpose for which land or premises or a building thereon is designed, arranged or intended, or for which it is or may be occupied or maintained.

Vacation rental means a property with a dwelling unit or guest house intended for permanent occupancy that is occupied by any person other than the primary owner for transient use; or is otherwise occupied or utilized on a transient basis. Vacation rental does not include a bed and breakfast inn permitted and operated in accordance with this Code, or occasional home exchanges.

Variance generally means a grant of relief from the literal requirements of this Code which permits activity in a manner that would otherwise be prohibited by this Code.

Yard means an open area other than a court, not in an alley or street, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Chapter.

(Ord. No. 358, § II, 8-8-1996; Ord. No. 376, § 1, 4-10-1997; Ord. No. 500, § 1, 8-11-2016; Ord. No. 509, § 1, 8-15-2019)