The terms in this Section shall be defined as stated in this Section. The rules of interpretation stated in §9-1-40, Interpretation, shall apply to the interpretation and application of the definitions in this Section.
Access means the place, means, or way by which pedestrians and vehicles shall have adequate, usable and legal ingress and egress to property, use or parking space.
Access grade means the slope of a road, street, driveway, or other means of access, as measured from the edge of the asphalt or roadway along the centerline of the means of access.
Accessory building means a subordinate building or structure, the use of which is customarily incidental to that of the main building or to the main use of the land, which is located on the same lot (or on a contiguous lot in the same ownership) with the main building or use. Accessory buildings are only permitted when they are incidental or accessory to an existing and permitted principal or conditional use.
Accessory dwelling means an apartment integrated within a single-family dwelling, or located in a detached accessory building, such as carriage houses or agricultural-type outbuildings, located on the same lot as single-family dwellings. Accessory dwellings shall be limited to eight hundred fifty (850) square feet in floor area. For purposes of calculating residential density, each accessory dwelling shall count as one-half (1/2) dwelling unit. There shall not be more than one (1) accessory dwelling located on a lot in addition to the single-family dwelling.
Accessory structure means a subordinate building or use that is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use.
Accessory use means a subordinate use, clearly incidental and related to the main structure, building, or use of land, and located on the same lot (or on a contiguous lot in the same ownership) as that of the main structure, building or use.
Adjacent means meeting or touching at some point, or separated from a lot or parcel by one of the following: a street, alley, or other right-of-way, lake, stream or open space.
Agricultural activity shall mean farming, including plowing, tillage, cropping, utilization of best management practices, seeding, cultivating or harvesting for the production of food and fiber products (except commercial logging and timber harvesting operations); the grazing or raising of livestock (except in feedlots); aquaculture; sod production; orchards; Christmas tree plantations; nurseries; and the cultivation of products as part of a recognized commercial enterprise.
Alley means a minor or secondary way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
Alteration means any change, addition or modification in construction, structure, occupancy or use; or, any change in the exterior materials or design which is inconsistent with an approved design.
Animal boarding means the operation of an establishment in which domesticated animals other than household pets are housed, groomed, bred, boarded, trained or sold. This term shall not include the operation of a kennel.
Annual high water mark means the visible line on the edge or a river, stream, lake, pond, spring or seep up to which the presence and action of water are so usual and long conditions (with a recurrence interval of one (1) year or less) so as to create a distinct character with respect to vegetation and the nature of the soil.
Applicant means an owner of real property, the owner's representative, or owner of an option to acquire the property or portion thereof, who is authorized to represent and/or act upon any application or submittal.
Appurtenances are the visible, functional, or ornamental objects accessory to and part of a building.
Architectural projection means a non-habitable building element, including but not limited to chimneys, cupolas, towers, and steeples, which physically projects beyond the plane of a required limitation (i.e., height).
Basement means the definition of basement as set forth in the most recent version of the International Building Code adopted by the City of Creede.
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.
Berm means a mound of earth used to screen or separate one area from another to reduce visual, noise and similar impacts of development. Berm may also mean the act of pushing earth into a mound.
Best management practice (BMP) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include treatment requirements, operating procedures, and practice to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage.
Block means a unit of land, or a group of lots, bounded by streets or by a combination of streets and public lands, or other rights-of-way other than an alley, waterways or any barrier to the continuity of development or land which is designated as a block on any recorded subdivision plat.
Block diversity plan means a plan provided by an applicant which demonstrates the mix of housing models and styles offered within a neighborhood and within each block face.
Boarding and rooming house means a building or portion of which is used to accommodate, for compensation, four (4) or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensation shall include compensation in money, services or other things of value.
Board of Trustees means the governing board of the City of Creede.
Buildable area means the area of any site, lot, parcel or any portion thereof which does not contain land under water, public rights-of-way, areas in excess of forty percent (40%) slope, or other constraints which restrict the physical ability or legal right to build on the property.
Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is permanently affixed to the land and has one (1) or more floors and a roof.
Building Code means the building codes adopted in Chapter 18 of the Creede Municipal Code, as may be amended.
Building height means the distance measured vertically from the existing grade or finished grade (whichever is more restrictive) at any given point outside the building to the top of a flat roof, mansard roof or sloping roof. Within a building, height shall be measured vertically from any point on a flat roof, mansard roof or sloping roof to the existing grade or finished grade directly below said point.
Carport means a structure attached or made a part of the main structure, and that is open to the outside on at least two (2) sides for the purpose of sheltering motor-driven vehicles used by occupants of the main structure.
Cash-in-lieu (also known as "fee-in-lieu") means that the payment of funds to the City instead of the dedication of real property interest when the Board of Trustees determines that the dedication of real property interest is not practical or as beneficial as payment of cash-in-lieu of land dedication. Payment of cash-in-lieu shall comply with the following requirements unless otherwise provided for by this Development Code:
(1) Payment shall be based on the fair market value of the entire property based on the per square foot value of the property with the requested development approval that requires dedication of land or cash-in-lieu.
(2) The value of the land shall be based upon an amount negotiated between the City and the applicant taking into consideration sales of comparable properties. In the event that the City and the applicant are not able to negotiate a mutually acceptable per square foot value for cash-in-lieu of dedication of land, the applicant shall provide an appraisal to the City at the applicant's cost for consideration by the Board of Trustees. The Board of Trustees may accept the applicant's proposed appraised value or may reject the applicant's proposed appraised value and commission an independent appraisal which shall be paid by the applicant. The Board of Trustees shall then use appraised value as set forth by the appraisal commission by the City.
(3) Combination of dedication and cash-in-lieu:
a. The applicant, at the option of the Board of Trustees, may meet the dedication requirements through a combination of cash-in-lieu and land dedication in those cases where a portion of the dedication of land is not desired.
b. The value of the combination of both the land dedication and the cash-in-lieu of land shall not exceed the full market value of the total required dedication of sites and land areas.
Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including mausoleums and mortuaries when operated in conjunction with, and within the boundaries of, such cemetery.
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 five (5) 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 education purposes. The term includes, but is not limited to, facilities commonly known as day-care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, centers for developmentally disabled children and those facilities which give twenty-four (24) hour per day care for dependent and neglected children, but specifically excludes any family care home as defined in this Code. 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 so long as the school system is not also providing extended day services.
Church or place of worship and assembly means a building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious or other services or meetings of the occupants of such structure. Church or place of worship and assembly shall include churches, synagogues or the like, but shall not include buildings used for commercial endeavors, including, but not limited to, commercial motion picture houses or stage productions.
City means the City of Creede, a Colorado town.
Clinic means a building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.
Clubs and lodges means organizations of persons for special purposes or for the promulgation of sports, arts, literature, politics or other common goals, interests or activities, characterized by membership qualifications, dues or regular meetings, excluding clubs operated for profit and/or places of worship or assembly.
Common element means that portion of a condominium project held in common ownership by the owners or the condominium association or that portion of a project other than a condominium project which is not under the exclusive ownership or possession of the owners or occupants of a limited portion of the project.
Common open space means open space designed and intended primarily for the use or enjoyment of residents, occupants and owners of a specific property or development.
Community facility means a publicly owned facility or office building which is primarily intended to serve the recreational, educational, cultural, administrative or entertainment needs of the community as a whole.
Compatibility means the characteristics of different uses or 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.
Comprehensive plan means the City of Creede Comprehensive Plan, the Sub Area Plan for the Creede Resources, Inc. Properties, and any other document adopted as a supplement or sub-area plan of the City of Creede Comprehensive Plan, which are adopted by the Planning Commission and Board of Trustees in accordance with C.R.S §31-23-206 and the requirements of this Chapter 9, as all such documents may be amended from time to time provided that such amendments or supplemental documents are adopted by ordinance.
Condominium means an individual airspace unit together with the interest in the common elements appurtenant to such unit.
Conservation easement means an interest in real property that provides the owner of the easement the right to prohibit certain users or acts with respect to the property in order to maintain the property in a manner that will preserve its value for recreation, education, habitat, open space or historical importance. See also C.R.S. §38-30.5-102.
Covenants means private written agreements outlining regulations specific to a development. As private restrictions, they are not enforced by the City. In the event of conflict between the covenants and this Code, this Code controls.
Crosswalk means a pathway delineated on a street for pedestrians to cross.
Cul-de-sac means a local street with only one outlet and having the other end for the reversal of traffic movement.
Dedication means any grant by the owner of a right to use real property for the public in general, involving a transfer of property rights, and an acceptance of the dedicated property by the appropriate public agency.
Density, dwelling units per acre, 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].
Detention basin means a man-made or natural water collector facility designed to collect surface and sub-surface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of property, into natural or manmade outlets.
Developer means any person, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a development.
Development means the grading or clearing of land, the erection, construction or alteration of structures, the change of use of a property, or the division of property to create two (2) or more separate ownership interests.
(1) Development shall also include:
a. Any construction, placement, reconstruction, alteration of the size, or material change in the external appearance of a structure on land;
b. 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;
c. Any change in use of land or a structure;
d. Any alteration within thirty (30) feet of a shore or bank of a river, stream, lake, pond, reservoir or wetland;
e. The commencement of drilling oil or gas wells, mining, stockpiling of fill materials, filling or excavation on a parcel of land;
f. The demolition of a structure;
g. The clearing of land as an adjunct of construction;
h. The deposit of refuse, solid or liquid waste, or fill on a parcel of land;
i. The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property; and
j. The construction of a roadway through or adjoining an area that qualifies for protection as a wildlife or natural area.
(2) Development shall not include:
a. 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;
b. Work by any public utility for the purpose of inspecting, repairing, renewing or constructing, on established rights-of-way, any mains, pipes, cables, utility tunnels, power lines, towers, poles, or the like; provided, however, that this exemption shall not include work by a public entity in constructing or enlarging mass transit or fixed guide way mass transit depots or terminals or any similar traffic generating activity;
c. 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;
d. The use of any land for an agricultural activity;
e. A change in the ownership or form of ownership of any parcel or structure; or
f. The creation or termination of rights of access, easements, covenants concerning development of land or other rights in land.
Development application means the various, written and graphical documents for building permits, grading permits, annexation, subdivision, boundary line agreements, conditional use permits or special review use permits, site specific development plans, vested rights, floodplain development, variance permits, zoning or rezoning permits etc.
Development plan, (PUD) means the written and graphical documents that detail the provisions for development of a PUD development. These provisions may include, and need not be limited to, easements, covenants and restrictions relating to use; location and bulk of buildings and other structures; intensity of use or density of development; utilities, private and public streets, ways, roads, pedestrians, areas, and parking facilities; common open space, and other public facilities as further defined in §9-3-60.
District means a Section or sections of the incorporated area of the City for which the regulations and provisions governing the use of building and land are uniform for each class of use permitted therein.
Downtown means the original business district of City. The boundary of downtown may change as City continues to grow.
Drive aisle means the lane(s) in a parking lot devoted to the passage of vehicles, as opposed to the parking stalls. The term drive aisle does not include lanes used only or primarily for drive-in customer service.
Driveway means a constructed vehicular access serving one (1) or more properties and abutting a public or private road.
Dwelling means a building or portion thereof, used exclusively for residential occupancy, including single-family dwellings, duplex and multi-family dwellings.
Dwelling, apartment means a room or suite of rooms in a multi-family structure that is arranged, designed, used or intended to be used as a housekeeping unit for a single family on a rental basis only.
Dwelling, duplex means a building occupied by two (2) families living independently of each other.
Dwelling, multi-family means a dwelling containing three (3) or more dwelling units, not including hotels, motels, fraternity houses and sorority houses and similar group accommodations.
Dwelling, single-family means a building designed exclusively for occupancy by one (1) family, but not including mobile home, otherwise provided herein.
Dwelling, timeshare, interval ownership, or fractional fee ownership means any parcel or lot of land or condominium unit, whether fee interest, leasehold or contractual right, whereby more than four (4) persons (ownership of an interest in joint tenancy by two (2) persons being considered one (1) person for the purpose of this Section) are entitled to the use, occupancy or possession of such lot, parcel or unit according to a fixed or floating time schedule occurring periodically over any period of time (the use, occupancy or possession by each person being exclusive of that by the others). Timesharing unit includes, but is not limited to, a timeshare estate as defined in C.R.S. §38-33-110, (1973), as amended.
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, duplex or multi-family dwelling or mixed-use building.
Easement means an ownership interest in real property entitling the holder thereof to use, but not possession, of that real property for one (1) or more specific purposes, public or private.
Elevation means the external vertical plane of a building. Elevations are considered different if they have different roof lines, building materials, details, color and overall stylistic expression
Entertainment facilities and theaters means a building or part of a building devoted to showing motion pictures or dramatic, musical or live performances.
Environmentally sensitive area means aquifer recharge areas, significant wildlife habitat and migration corridors, unique vegetation and critical plant communities and ridge lines.
Family child care home means a facility for child care in a place of residence of a family or person for the purpose of providing less than twenty-four (24) hour care for children under the age of eighteen (18) years who are not related to the head of such home. Family child care home may include infant-toddler child care homes, large child care homes, experienced provider child care homes, and such other types of family child care homes designated by rules of the State Department of Social Services pursuant to C.R.S. §26-6-106(2)(p).
Farm animal means animals commonly raised or kept in an agricultural, rather than an urban, environment including, but not limited to, chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules.
Feedlot means any tract of land or structure, pen or corral, wherein cattle, horses, sheep, goats, emus, ostriches or swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market or slaughter.
FEMA means Federal Emergency Management Agency.
Fence means enclosing framework for exterior areas, such as yards or gardens. FHA means Federal Housing Administration.
Floodplain or flood hazard area means an area which has been designated by the Board of Trustees, the Colorado Water Conservation Board or FEMA as susceptible to flooding.
Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
Foster care home means a facility that is certified by the County Department of Social Services or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty-four (24) hour family care for a child under the age of eighteen (18) years who is not related to the head of such home, except in the case of relative care.
Frontage means the portion of a lot that fronts on a public or private street.
Functional open space means open space which is large enough to serve a practical purpose such as recreation, wildlife habitat or preservation of areas of agricultural, archeological or historical significance and shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells or their appurtenances or other hazards to the public.
Gasoline station means any building, land area, premises or portion thereof, where gasoline or other petroleum products or fuels are sold and light maintenance activities such as engine tune-ups, lubrication, minor repairs and carburetor cleaning may be conducted. Gasoline station may include premises where heavy automobile maintenance activities such as engine overhaul, automobile painting and body fender work are conducted.
Geologic hazard means unstable or potentially unstable slopes, undermining, faulting, landslides, rock falls, flood, wildfire or similar naturally occurring dangerous features or soil conditions or natural features unfavorable to development.
Government services, offices and facilities means an office or building of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited to: employment offices, public assistance offices or motor vehicle licensing and registration services.
Group home, developmentally disabled means a group home, licensed by the state, for the exclusive use of not more than eight (8) developmentally disabled persons and the appropriate staff.
Group home, elderly means an owner-occupied or nonprofit group home for the exclusive use of not more than eight (8) persons sixty (60) years of age or older and the appropriate staff.
(1) Nonprofit group home means a group home for the aged which is owned and operated by a person or organization as provided by C.R.S. 31-23-303, 1973.
(2) Owner-occupied group home means a group home for the aged which is owned and operated by an individual or individuals who actually reside at and maintain their primary place of residence in the group home.
Group home, mentally ill means a group home, licensed by the state, for the exclusive use of not more than eight (8) mentally ill persons and the appropriate staff.
Guest house means an accessory structure which is physically detached from a single-family dwelling unit, is serviced through the same utility meters or connections as the principal use and is intended for temporary occupancy by visitors to the family residing in the single-family dwelling.
Highway corridor means the area within one thousand five hundred (1,500) feet of the rights-of-way of the state highway.
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, and complies with the following standards.:
(1) Does not create impacts greater than customary residential use, including but not limited to vehicle traffic, noise, vibration and odors;
(2) Does not create outdoor storage which is not screened from view by neighboring property owners and from the public right-of-ways;
(3) Does not cause or require customers, delivery persons, or any person, to regularly enter the property on which the dwelling unit is located during normal business hour and does not cause or require any persons to enter the property during normal non-business hours;
(4) Does not employ persons who are not residents of the dwelling located on the property;
(5) Does not require alteration to the residence to satisfy applicable City, Fire or Building Codes, or County health regulations;
(6) Does not require or allow any signs to be visible from the outside of the property; and
(7) Does not change the appearance or residential character of the structure.
Homeowners' Association means the association set up to enforce the covenants and maintain all common areas and buildings for a development (also known as "Owners Association").
Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training and central services facilities and staff offices.
Hotel/motel/lodging establishment means a building intended and used for occupancy as a temporary abode for individuals who are lodged with or without meals, in which there are five (5) or more guest rooms.
Industrial means uses engaged in the basic processing and/or manufacturing of raw or previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales or distribution of such products.
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.
Integrate means to combine or coordinate separate elements (such as housing, recreation, jobs, and shopping), so as to provide a harmonious, interrelated whole; organized or structured so that constituent parts function cooperatively.
Junkyard means an industrial use 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.
Kennel means a facility licensed to house dogs, cats or other household pets and/or where grooming, breeding, boarding, training or selling of animals is conducted as business.
Kitchen means a room or portion of a room devoted to the preparation or cooking of food for a person or a family living independently of any other family, which contains a sink and a stove, cooktop or oven powered by either natural gas, propane or 220-V electric hook-up.
Kitchen facility means an area for cooking which includes a sink, refrigerator and fixture for cooking food.
Landowner means any owner of a legal or equitable interest in real property, and includes the heirs, successors and assign of such ownership interests.
Landscape area means that portion of a parcel of land with any combination of living plants, such as trees, shrubs, vines, ground cover, native grasses, flowers, or lawns; natural features and non-living ground cover such as rock, stone and bark; and structural features, such as fountains, reflecting pools, art works, screen walls, fences and benches; but shall not include paved walkways or parking areas.
Lane means a private street; or a portion of a roadway delineated for a single line of vehicles; or a secondary means of access to the abutting lots and not intended for general traffic circulation.
Livestock means farm animals kept or raised for use, pleasure and/or profit.
Loading space means an off-street space or berth on the same lot with a building, or contiguous thereto, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
Long-term care facility means any of the following:
(1) Convalescent center means a health institution that is planned, organized, operated and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from, but maintaining an affiliation with, all services in a general hospital;
(2) Nursing care facility means a health institution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients that require regular medical care and twenty-four (24) hour per day nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide twenty-four (24) hour per day nursing services under the direction of a registered professional nurse employed full-time; or
(3) Intermediate health care facility means a health-related institution planned, organized, operated and maintained to provide facilities and services which are supportive, restorative or preventive in nature, with related social care, to individuals who because of a physical or mental condition, or both, require care in an institutional environment but who do not have an illness, injury or disability for which regular medical care and twenty-four (24) hour per day nursing services are required.
Lot means a parcel of real property as shown with a separate and distinct number or letter on a plat recorded with the Mineral County Clerk and Recorder, or when not so platted in a recorded subdivision, a parcel of real property abutting upon at least one public street and held under separate ownership.
Lot area means the total horizontal area within the lot lines of a lot, except that beneath the mean waterline of a body of water.
Lot coverage means the ratio of the area of the site which is rendered impermeable by buildings compared to the total area of a site, excluding those rendered undevelopable, expressed as a percentage.
Lot depth means the average distance between the front lot line and the rear lot line.
Lot, double frontage means lots which front on one (1) public street and back on another.
Lot, flag means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street.
Lot line, front means the property line dividing a lot from a street. Lot line, rear means the line opposite the front lot line. Lot line, side means any lot lines other than the front lot line or rear lot line.
Lot size means the total horizontal area within the lot lines of a lot; synonymous with area of lot.
Lot width means the distance parallel to the front lot line, measured at the front building setback line. Lot width on a curving front lot line means the distance parallel to the tangent of the front lot line at the building setback line. The lot width and the lot frontage may have different lengths on an irregularly shaped lot as they are measured at different points on the lot.
Manufactured home means a single-family dwelling which:
(1) Is partially or entirely manufactured in a factory;
(2) Is permanently affixed to and installed on an engineered permanent foundation; and
(3) Has a pitched or cosmetically equivalent roof, and brick or wood exterior siding.
Mobile home means a single-family dwelling unit partially or entirely manufactured in a factory, built on a permanent chassis, and which is designed to be transported on streets to the place where it is to be occupied as a dwelling unit. A mobile home shall conform to the following design and installation standards: Complies with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards.
Modified grid pattern means a grid pattern of streets and blocks adapted to the topography, unique natural features, environmental constraints and peripheral open space areas.
Natural areas means floodplains and floodways, natural drainage and water ways, significant native trees and vegetation, wildlife travel corridors, special habitat features such as raptor nest sites, key nesting, breeding or feeding areas for birds; fox and coyote dens and any wetland area.
Nonconforming building means a building or structure, or portion thereof, that does not conform to the regulations of this Code, but that was lawfully constructed under the regulations in force at the time of construction.
Nonconforming use means a use that does not conform to the use regulations of this Code, but that was lawfully established under the regulations in force at the time the use was established and has been in regular use since that time.
Off-street parking area means all off-street areas and spaces designed, used, required or intended to be used for the parking, storage, operation of motor vehicles, including driveways or access ways in and to such areas, but not including any outdoor storage area used principally as a "recreational vehicle, boat or truck storage" use, storage areas for landscaping and other bulk items or public streets and rights-of-way.
Open space means any land or water area with its surface open to the sky, which serves specific uses of: providing park and recreation opportunities, conserving natural areas and environmental resources, structuring urban development form, and protecting areas of agricultural, archaeological or historical significance. Open space shall not be considered synonymous with vacant or unused land but serves important urban functions. Usable open space shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells and their appurtenances or other hazards to the public.
Outparcel means a parcel of land, generally located on the perimeter of a larger parcel of commercial land, that is subordinate to the larger parcel for access, parking and drainage purposes.
Owner means the owner of a real property interest which is the subject of, and which would be benefitted by, a proposed development application. Owner shall include the fee title owner of record according to the Office of the Mineral County Assessor, by a legal title opinion or by a title insurance commitment. Owner shall also include other persons who by partnership, joint venture, contractual relationship or other association have a ten percent (10%) or greater equity interest in the property or in the owner of record or who have a contractual right to receive or obtain a defined portion of the property upon approval of a development application by the City.
Parcel means a tract or plot of land.
Park means an area open to the general public and reserved for recreational, educational or scenic purposes.
Parking, commercial means a parking lot, structure or garage that does not provide accessory parking to a specific building or use, is available for parking by the general public for a fee, may include reserved parking spaces, and which is owned by a private, non-governmental entity.
Parking, public means a parking lot, structure or garage that is available for parking by the general public and which is owned by the City of Creede or a quasi-governmental entity approved by the City of Creede or approved by Mineral County.
Plan means the map(s) and supporting documentation for a development which includes but is not limited to, lots, blocks, easements, rights-of-way, pedestrian ways, park and school sites, open space areas and conservation areas in accordance with the requirements of this Code.
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 and is developed as a whole in a single development operation or programmed series of development stages. The development may include dwelling units, 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 restrictions to the existing land use regulations.
Planning and Zoning Commission (PZC) means the Planning and Zoning Commission formed and appointed by the Board of Trustees in accordance with Article 12 of the Development Code.
Planning area boundary means the area surrounding the City that the City will consider annexing and developing. The Planning Area Boundary is delineated on the land use map in the Comprehensive Plan.
Plat means a map of certain described land prepared in accordance with the requirements of this Code, and C.R.S. §38-51-106 as an instrument for recording of real estate interests with the Mineral County Clerk and Recorder.
Principal use means the main use of land or of a structure as distinguished from a conditional or accessory use.
Proof of ownership means ownership as specified in a current title insurance commitment or policy, or certification of title, issued by a title insurance company licensed by the state of Colorado.
Property means all real property subject to land use regulation by the City.
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 the said lot, parcel or tract abuts.
Public area means streets, parks, open spaces and other property designated or described as for public use on a map or plat of the City and fee title is vested in the City, other public body or a special district as defined in C.R.S. §32-1-103.
Public benefit means a benefit which promotes a goal, intent or policy of the Creede Comprehensive Plan.
Public facility means those constructed facilities, including but not limited to, transportation systems or facilities, water systems or facilities, wastewater systems or facilities, storm drainage systems or facilities, fire, police and emergency systems or facilities, electric, gas, telecommunication utilities or facilities and publicly owned buildings or facilities.
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 improvement means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree lawn, landscaped open space, off-street parking area, lot improvement or other facility which benefits the public.
Public open space means an open space area conveyed or otherwise dedicated to the municipality, state or county or other public body for recreational or conservation uses. Public open spaces are to be unencumbered by oil and gas wells, as well as their appurtenances or other hazards to the public.
Public school means a free, tax-supported school that is controlled and operated by a School District of the State of Colorado.
Public use means uses which are owned by and operated for the public by the City, County, state or federal governments or by school districts.
Public utility means a common carrier supplying electricity, wire telephone service, natural gas, water, wastewater or storm water service or similar public services, but shall not include railroads or other forms of rail mass transit or depots or terminals supporting the same or wireless telecommunication facilities.
Recreational vehicle (RV) means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted or drawn by another vehicle. The following shall be considered a recreational vehicle:
(1) Camping trailer or tent trailer means a folding structure, constructed of canvas plastic or similar water repellent material designed to be mounted on wheels and designed for travel and recreation;
(2) Motorized camper, motor home, recreational conversion van or bus means a recreational vehicle consisting of a portable, temporary dwelling to be used for travel, recreation and vacation uses and constructed as an integral part of a self-propelled vehicle;
(3) Pick-up camper means a vehicle designed to be mounted on or loaded into a pick-up truck chassis for use as a temporary dwelling for travel and recreation;
(4) Tent means a portable or temporary cover or shelter, with or without side panels, which is supported by poles and is made of canvas, plastic or similar materials;
(5) Travel trailer means a towed vehicle designed as a temporary dwelling for travel and recreation; and
(6) Travel trailer, self-contained means a trailer which can operate independently of connections to sewer, water and electric systems. It contains a water-flushed toilet, lavatory, shower or bath and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the trailer.
Recycling facility, drop-off means a facility used for the collection and temporary storage of empty beverage containers, aluminum, glass, paper, cardboard, clothing or other materials for recycling purposes conducted totally within an enclosed structure or container. This definition does not include processing except for "can banks" that crush cans as they are deposited.
Restaurant means any establishment in which the principal business is the sale of food and beverages to customers in a ready-to-consume state; where fermented malt beverages, and/or malt, special malt or vinous and spirituous liquors may be produced on the premises as an accessory use; and where the design or principal method of operation included one (1) or both of the following characteristics.
(1) Customers are served their food and/or beverages by a restaurant employee at the same table or counter at which the items are consumed; or
(2) Customers are served their food and/or beverages by means of a cafeteria type operation where the food or beverages are consumed within the restaurant building.
Re-subdivision means the changing of any existing lot or lots, street rights-of-way or easements of a subdivision plat previously recorded with the County Clerk and Recorder.
Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use on the plat on which such right-of-way is established.
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 on properties where the street extends beyond the property line. In these instances the setback shall be measured from the edge of asphalt or walkway whichever is more restrictive.
Setback, front yard means the distance a building or structure must be placed from the front lot line.
Setback, rear yard means the distance a building or structure must be placed from the rear lot line.
Setback, side yard means the distance a building or structure must be placed from the side lot line.
Sidewalk means the hard surface path within or adjacent to the street right-of-way for use by pedestrians and/or bicyclists.
Significant wildlife habitat and migration corridors means areas designated by the Colorado Division of Wildlife and/or the Colorado Natural Diversity Information Source as areas of landscape that provide food, cover and water sufficient to meet the needs of a given species to survive and reproduce.
Site plan means a scaled drawing of a lot, showing the actual measurements, the size and location of any existing or proposed buildings, the location of the lot in relation to abutting streets, and other details such as parking areas, access points, landscaped area, building areas, setbacks from lot lines, building heights, floor areas, densities, utility locations and easements.
Site specific development plan means the final plat of a subdivision or final development plan of a PUD (Planned Unit Development) when approved by the Board of Trustees pursuant to all applicable sections of this Development Code.
Slope means the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentage as a means of quantifying the term "slope."
Street means a public thoroughfare which affords the principal means of access to abutting property.
Streetscape means the distinguishing character of a particular street, within or adjacent to the public right-of-way, including paved materials, and the adjacent space extending along both sides of a street including landscaping, sidewalks, medians, lighting, street furniture and signage.
Structure means a combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water.
Subdivision means the platting of a lot or the division of a lot, tract or parcel of land into two (2) or more lots, plots, sites or airspace units.
Subsidence means a local mass movement that involves the downward settling or sinking of the solid Earth's surface. Subsidence may be due to natural geologic processes or man's activity such as coal mining.
Survey means a land plat survey, stamped and signed by a registered Colorado Surveyor, showing topographic contour intervals depicted at an engineering scale.
Temporary use means a prospective use intended for limited duration, is to be located in a zoning district not permitting such use and shall not include continuing a nonconforming use or building.
Use means the purpose for which land or a building is designated, arranged or intended, or for which it either is or may be occupied or maintained.
Vegetation means plants growing in a place, including, but not limited to trees, shrubs, vines, grasses and groundcover.
Vehicle service and repair means the use of any building, land area, premises or portion thereof, where maintenance activities such as engine tune-up, lubrication, carburetor cleaning, brake repair, car washing, detailing, polishing or the like are conducted.
Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan, pursuant to §9-3-110, Vested Property Right.
Wireless telecommunication equipment means any equipment used to provide wireless telecommunication service, but which is not affixed to or contained within a wireless telecommunication facility, but is instead affixed to or mounted on an existing building or structure that is used for some other purpose. Wireless telecommunication equipment also includes a ground mounted base station used as an accessory structure that is connected to an antenna mounted on or affixed to an existing building.
Wireless telecommunication facility means any freestanding facility, building, pole, tower or structure used to provide only wireless telecommunication services, and which consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless telecommunication services.
Wireless telecommunication service means services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal Communications Commission for paging systems, enhanced specialized wireless telecommunication, personal communication services or cellular telephone.
Workshop and custom small industry means a facility wherein goods are produced or repaired by hand, using hand tools or small-scale equipment, including small engine repair, furniture making and restoring, upholstering, restoration of antiques and other art objects or other similar uses.
Yard means that portion of the open area on a lot extending open and unobstructed from the ground upward from a lot line for a depth or width specified by the regulations for the zone district in which the lot is located.
Yard, front means a yard extending across the full width of the lot between the front lot line and the nearest line or point of the building.
Yard, front setback means the distance a building or structure must be placed from the back of the front property line.
Yard, rear means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building.
Yard, rear setback means the distance a building or structure must be placed from the back of the rear property line.
Yard, side means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building.
Yard, side setback means the distance a building or structure must be placed from the back of the side property line.
Zone district means a zone district of the City as established in Article 20 of this Code, unless the term is used in a context that clearly indicates that the term is meant to include both the zone district(s) of the City and the zone district(s) of an adjoining governmental jurisdiction, also referred to as "zoning district."
Zoning map means the official zoning map adopted by the City by ordinance, as amended.
(Ord. 395 §3, 2016)