For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Questions of definition or working usage shall be interpreted by the Town Manager based on the context of their usage and the intention of the section of this chapter in which they occur.
ABUTTING LAND. A parcel of land which has a common property line with another parcel of land.
ACCESSORY BUILDING. A detached subordinate building, the use of which is incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.
ACCESSORY USE. A use customarily associated with, but subordinate to the principal use on the same lot.
ADULT AMUSEMENT, ENTERTAINMENT OR BUSINESS ESTABLISHMENT. An establishment from which minors are absolutely excluded. Such establishments shall include adult bookstores, adult X-rated motion picture theaters, adult cabarets, topless bars or restaurants, massage parlors and any other uses of the same general character from which minors are absolutely excluded as a prevailing practice or legal requirement.
ALLEY.
(1) A minor way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting on the street. Its use is for secondary access to the lot and/or service purposes.
(2) An ALLEY shall not be considered to be a street.
APARTMENT HOUSE. A building containing dwelling units used and/or arranged for rental occupancy, or cooperatively owned by its occupants, with a yard and compound, and which has one or more utilities in common. See also: DWELLING, MULTI-FAMILY.
APPEAL. A request for review by the Board of Adjustment for a variance to this chapter.
APPLICANT. Any individual, partnership, corporation, association, company or public body, including the federal government, or any political subdivision, agency, corporation or instrumentality of the state applying for a development permit pursuant to this chapter.
ARCHITECTURAL PROJECTION. Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, including, within limitation, cornices, eave belt courses, sills, box or bay windows, fireplaces, roof overhangs, mansards, unenclosed exterior balconies, marquees, canopies, pilasters and fascias, but not including signs.
AUTOMOBILE, ABANDONED.
(1) Unsheltered old, unused, stripped, junked and other automobiles and trucks not in good and safe operating condition.
(2) Notwithstanding the foregoing definition, a motor vehicle stored within a permitted building or structure shall not be considered to be an ABANDONED AUTOMOBILE.
AUTOMOTIVE, MOBILE HOME, TRAILER AND FARM IMPLEMENT SALES. The sale or rental of new and used motor vehicles, mobile homes, trailer or farm implements, but not including repair work except incidental warranty repair of the same to be displayed and sold on the premises.
AUTOMOTIVE WRECKING BUSINESS. The dismantling or wrecking of used motor vehicles, motor homes, trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
AWNING. A fixed or movable shelter supported entirely from the exterior wall or a building that can be retracted, folded or collapsed against the face of the supporting building.
BASEMENT. Any level of a building where more than one-half of the vertical distance between the floor and the ceiling is below the grade of the site.
BASEMENT HOUSE. A dwelling or structure constructed partly or wholly below the grade level of any property.
BED AND BREAKFAST.
(1) A residential building in which rooms are rented on a daily basis to short-term guests.
(2) The building typically is similar in character to the surrounding neighborhood and meets all the requirements of the zoning district in which the facility is to be located.
BLOCK. A group of lots existing within well-defined and fixed boundaries within a subdivision and usually being an area surrounded by street or other features such as parks, rights-of-way or municipal boundary lines.
BOARD OF ADJUSTMENT. A special review board operating under the authority of this chapter for purposes of hearing and deciding appeals or variances to this chapter.
BOARDING AND ROOMING HOUSE.
(1) A building or portion thereof which is used to provide lodging and may include meals for five or more boarders for compensation; not including members of the occupant’s immediate family who might be occupying such building.
(2) The word COMPENSATION can mean money, services or other things of value.
BUFFER ZONE. A strip of land established to separate and protect one type of land use from another; to screen from objectionable noise, odor, smoke or visual impact; or to provide for future public improvements or additional open space.
BUILDING. A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property, and where separated by a fire wall, each such separated portion of such structure shall be deemed a separate building.
BUILDING HEIGHT. The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
CHILD CARE CENTER. A child care center offers each client less than 24-hour care but may operate for 24 hours in a day including a large child care center, small child care center, school-age child care center, infant nursery and toddler nursery, as defined by the State Department of Social Services.
CAMPGROUND. Any plot of improved property utilized for camping and parking of camping units as herein defined for a period not to exceed 30 days.
CAMPING UNIT or RECREATIONAL VEHICLE (RV). A wheeled vehicle intended to provide temporary living accommodations. It is either self-propelled, hauled or towed by a non-commercial vehicle. Included are units commonly referred to as travel-trailers, camper trailers, trailer-coaches, motor homes and pickup campers. It is not a mobile home.
CEMETERY. Land used or intended to be used for the burial of animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery.
CHILD CARE HOME.
(1) A type of family care home in which children are received for less than 24-hour care. This is a facility receiving two or more children not related to each other or children from more than one family.
(2) Children received for care are not related to the caretaker and the care provided by the caretaker is for more than two full consecutive days on a regular weekly basis.
(3) A full day is seven or more hours. The number of children in a child care home shall not exceed program requirements established by the State Department of Social Services.
CLUB. Any membership organization including a lodge, catering exclusively to members and their guests and whose facilities are limited to meeting, eating and recreational uses, and, further, whose activities are not connected principally for monetary gain.
COMMUNICATION FACILITY. Consisting primarily of communication towers and/or antennas (including antennas mounted on existing structures), an appurtenant facilities housing electrical equipment for cellular telephone, television, radio and other broadcasting facilities. Does not include places of business where people work on a regular basis (e.g., radio or TV studios).
CORNER LOT. A lot situated at the junction of a front street and a side street. A 25 feet setback is required from both streets.
CORRECTIONAL FACILITY. Any facility under the supervision of the State Department of Corrections in which persons are or may lawfully be held in custody as a result of conviction of a crime, specifically including any private correctional facility (or private contract prison facility) which contracts with the State Department of Corrections, pursuant to C.R.S. Title 17, Article 1, Part 2, or with the county, pursuant to C.R.S. § 16-11-308.5, as amended, or which holds inmates from states other than this state with the express approval of Executive Director of the State Department of Corrections, pursuant to C.R.S. § 17-1-104.5, but no CORRECTIONAL FACILITY shall be constructed within three miles of any public or private school, kindergarten, pre-school or child care facility.
COURT. An unoccupied space on a lot other than a yard designated to be partially surrounded by group dwellings.
CURB CUTS. A cut in the curb line for passage of vehicles, not to exceed 12 feet in width for single drive and 20 feet for double drive.
DENSITY. A unit of measurement; the number of dwelling units per acre of land.
GROSS DENSITY. The number of dwelling units per acre of total land to be developed.
NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
DOMESTIC LIVESTOCK. Limited to cattle, horses, swine, sheep and mules.
DRIVEWAY. Private access for a vehicle to a single building site or lot not to exceed 12 feet in width for a single drive and 20 feet in width for a double drive.
DWELLING, MULTI-FAMILY. A building, or portion thereof, designed for or occupied by three or more families living independently of each other, which may include public housing, condominiums, townhouse units or apartments.
DWELLING, SINGLE-FAMILY. A building consisting of a single dwelling unit only, for the occupancy of one family; separated from other dwelling units by open space, built or assembled on a foundation on-site.
DWELLING, TWO-FAMILY. Also called DUPLEX, a detached building designed exclusively for the occupancy of two families living independently of each other; such dwellings may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances.
DWELLING UNIT. One room or a combination of two or more rooms designed for living and sleeping purposes for one person or family, and its household employees, and having a kitchen or kitchenette and a bathroom with a toilet, lavatory and bathtub or shower, all connected to potable water and a sanitary sewer system. Does not include motel, trailer (mobile home) or hotel lodging.
FAMILY. One or more persons occupying a dwelling unit and related by marriage, blood or adoption, or one or more persons occupying a dwelling unit and living together as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, motel or hotel.
FRONT YARD. The portion of a yard between the street right-of-way and the building, and between two side lot lines, the depth of which shall be the least distance between the building and the front lot line.
FRONTAGE STREET. Street on which the lots of a block, or subdivision thereof, generally front.
GABLE. The portion of roof which forms a triangle at the building end and extends from the ridge to the eaves.
GREENHOUSE, RECREATIONAL. A non-business greenhouse of not more than 150 square feet.
HOME OCCUPATION.
(1) Any use conducted entirely within a dwelling unit or accessory building and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residence purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part, which creates no additional traffic, requires no additional parking space, where no persons are employed other than residents in connection with the HOME OCCUPATION.
(2) Provided further that no mechanical equipment is installed or used except such that is used for domestic purposes; and that there is no outdoor storage of materials, equipment and/or supplies other than that necessary for domestic purposes.
(3) For the purposes of this code, child care homes and child care centers are not considered HOME OCCUPATIONS. See also HOME OCCUPATIONS SUPPLEMENT for criteria.
HOTEL. A building containing sleeping rooms designed to be rented for short-term occupancy, and which may or may not have eating or drinking facilities as an accessory use.
JUNKYARD. A building, structure or parcel of land, or portion thereof, used for the collecting, storage or sale of rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or demolition of vehicles, machinery or other materials and including the sale of whole or parts thereof.
KENNEL. Any building, structure or open space devoted wholly or partly to the raising, boarding or harboring of three or more animals that are over four months old.
LOADING AREA. A parking space other than a public street or alley for the parking of commercial vehicles for the purpose of loading or unloading materials or merchandise.
LOT. Land occupied or to be occupied by a building and its accessory building together with such open spaces as are required under this chapter and having its principal frontage on a street or officially approved place.
LOT AREA. Total square footage or acreage contained within lot lines.
LOT DEPTH.
(1) The mean distance from the street right-of-way line at the front of the lot to its opposite rear line measured in the general direction of the side lines of the lot. Where a right-of-way is not established or dedicated, it shall be assumed to be 60 feet.
(2) Where a major thoroughfare or collector street is designated on the major thoroughfare plan, then the lot depth shall be measured from the proposed right-of-way line.
LOT LENGTH. The average distance from the street to the rear of the lot, measured perpendicularly from the street line upon which the lot faces.
LOT LINE. A property line bounding a lot, excluding any dedicated street or alley.
LOT OF RECORD. A lot which is part of a subdivision, a plat of which has been legally recorded or a lot described by metes and bounds, the description of which has been so recorded.
LOT WIDTH. The width measured along the minimum building setback line.
MAJOR FACILITY OF A PUBLIC UTILITY. Central office buildings of telephone utilities, transmission lines, power plants, electrical utilities substations and pipelines and storage area of utilities providing natural gas or other petroleum derivatives.
MANUFACTURED HOME. A single-family dwelling unit which is partially or entirely manufactured in a factory and is not less than 24 feet in width and 36 feet in length and is no more than seven years old, based on its year of manufacture, when placed on any lot or space within the town. It is installed on an engineered permanent foundation and has brick, wood or cosmetically equivalent exterior siding, and a pitched roof. It is certified to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq., as amended (which is commonly known as HUD code) and displays the HUD certification label.
MOBILE HOME. A detached, transportable, one-family dwelling unit intended for year-round occupancy that is at least 12 feet in width, 70 feet in length and 840 square feet or more, and is no more than seven years old, based on its year of manufacture, when placed on any lot or space within the town. At a minimum, it must contain sleeping accommodations, flush toilet, a tub or shower bath, kitchen facilities with plumbing and electrical connections intended for attachment to outside systems. All MOBILE HOMES must be certified to the National Manufactured Housing and Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq., or its equivalent, as amended (which is commonly known as the HUD code) and shall display the HUD certification label. These homes are to be readily movable as a unit or units on it (their) own running gear and designed to be used as a dwelling unit(s) without a permanent foundation and which unit or units are not licensed as a recreational vehicle or park model. The phrase “without a permanent foundation” indicates that the support system is constructed with the intent that the MOBILE HOME placed thereon may be moved from time to time at the convenience of the owner.
MOBILE HOME PARK. Any plot of ground zoned MHPD upon which two or more mobile homes, occupied or intended to be occupied for dwelling, are located for any period of time, regardless of whether or not a charge is made for such accommodations, and whether or not the mobile homes and/or the land are owned by the occupants. A license is required.
MODULAR HOME. A single-family dwelling unit which is partially or entirely manufactured in a factory for installation, or assembly and installation, on the building site and is no more than seven years old, based on its year of manufacture, when placed on any lot or space within the town. A MODULAR HOME shall be installed on an engineered permanent foundation and shall be constructed in compliance with all applicable town-adopted building codes, including, but not limited to, the International Building Code and International Residential Code.
MOTEL. A building or groups of buildings containing individual rooms for sleeping or living, designed and used for temporary rental occupancy and with automobile parking space adjacent to or within the proximity of each rental unit.
NOISE LEVEL REDUCTION (NLR). Construction techniques utilized for the purposes of reducing interior noise levels of structures to acceptable levels as may be determined by the Board of Trustees.
NONCONFORMING STRUCTURE. A building, structure or portion thereof which lawfully existed at the time of the adoption of this chapter but which does not conform to the height, yard or area regulations of the zone in which it is located, or which is so designed, erected or altered that it could not reasonably be occupied by a use permitted in the zone in which it is located.
NONCONFORMING LOT. A “lot” which was lawfully created but which does not conform to the minimum lot size specifications of the zone in which it is located.
NONCONFORMING USE. A use which lawfully occupied a building or lot at the time of the adoption of this chapter or any amendment thereto, and which does not conform with the use regulations of the zone in which the building and/or lot is located.
PARKING AREA. An open space or an enclosed structure or building used exclusively for the temporary storage of registered automobiles.
PARKING SPACE. The part of a parking area, exclusive of drives, turning areas or loading spaces, devoted to parking for one automobile or vehicle.
PARKING, OFF-STREET. Any parking area located wholly within the limits of one or more lots.
PERMANENT FOUNDATION (MANUFACTURED HOUSING). Wall construction shall be, at a minimum, six inches block or concrete on a concrete footer with proper pylon and pads for blocking. There must be a minimum 42-inch crawl space in all zoning districts except MHPD.
PLANNING COMMISSION. The Planning Commission appointed by the Town Board of Trustees.
PORCH. A roofed or unroofed open structure projecting from the front, side or rear wall of a building. For the purpose of this chapter, a PORCH is considered a part of the principal building and is not permitted to extend into any yard requirements.
PROFESSIONAL ACTIVITIES. The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects and engineers and similar professions.
PUBLIC BUILDING OR USE. Any building open to the general use, participation or enjoyment of the public and owned by the town, county, state or federal government or by a public utility corporation.
PUBLIC UTILITY. For the purpose of this chapter only: an electrical substation, a gas regulator station, a telephone exchange, cable TV satellite facility, a water or sewer pumping station or a water reservoir.
REAR YARD. The portion of a lot between the rear of a building and a rear lot line or from the alley right-of-way, and between two side lot lines, the depth of which shall be the least distance between the building and the rear lot line.
RECYCLING CENTER. A building, structure or parcel of land, or portion thereof, used for the collection, temporary storage and transfer of paper, cardboard, plastic, glass, aluminum and similar materials for the purpose of recycling.
RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.
ROADSIDE STAND. A temporary structure designed or used for the display or sale of agricultural and related products.
ROOMING OR BOARDING HOUSE. A building, or part thereof, other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in individual rooms.
SEAT. An individual chair designed to seat one person, or part of a bench designed to seat one person, but measuring at least 18 inches in width.
SERVICE STATION, AUTOMOBILE. A facility to supply motor fuel and oil to motor vehicles, and including a grease rack, minor tire and battery servicing and sales of motor vehicle accessories.
SETBACK. The minimum horizontal distance between the property line and the front line of the building or any projection thereof, excluding steps. Where angled buildings or lots, curved streets and the like, the SETBACK shall be taken as an average distance.
SETBACK LINE. A line in the back of and parallel to the street right-of-way line and at such horizontal distance from the street right-of-way line as required by the minimum front yard depth in the district in which it is to be located.
SIDE YARD. The portion of a lot that extends from the front setback line to the rear setback line between the side setback line and the side lot line, or that portion of a lot that is between a lot line and a setback line, but is not a front or rear yard.
SIGNS. Any form of publicity, directing attention to an individual activity, business, service, commodity or product and conveyed by means of words, figures, numerals, lettering, emblems, devices, designs, trademarks or trade names or other pictorial matter, designed to convey such information and displayed by means of panels, posters, paints or other devices erected on an open framework or attached or otherwise applied to posts, stakes, poles, trees, buildings or other structures or supports. Flags and banners of any country, state, city or non-profit organization shall not be included.
STORY. The portion of a building included between the surface of a floor and the surface of the floor next above it, or, if there is no floor above it, then the space between such floor and the ceiling next above it.
STREET. A public thoroughfare 60 feet or more in width and not less than 40 feet between curbs.
STRUCTURAL ALTERATION. Any addition to, or subtraction of parts of a building, including walls, columns, beams, girders, foundations, doors and windows.
STRUCTURE. Anything constructed or made, the use of which requires permanent location on the ground or attached to something having more or less permanent location on the ground, except utility poles, flag poles or walls and fences less than four feet high. The word STRUCTURE shall include the word BUILDING.
SUBDIVISION. Division of a lot, tract or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development. It includes resubdivision and, when appropriate to the context, relates to the process of resubdividing or to the land or territory resubdivided.
TOWN. For purposes of this chapter, shall mean the Town of Wiggins, State of Colorado.
TOWN MANAGER. The Town Manager or other duly authorized staff personnel of the town empowered to enforce the requirements of this chapter.
TRAILER COURT. Any plot of ground upon which two or more occupied trailer homes are located. Also known as a MOBILE HOME PARK.
TRAILER HOME. A mobile home as defined by this chapter.
TRUCKING TERMINAL. Any lot, structure or premises used for the parking or storage of capital equipment, such as trucks, trailers or other similar equipment over three-fourths ton capacity.
USE. The purpose for which any land, structure or building is designed, maintained or occupied.
VARIANCE.
(1) A relaxation of the terms of the zoning ordinance where such relaxation will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
(2) As used in this chapter, a VARIANCE is authorized only for height, area and size of structure, or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by VARIANCE, nor shall a VARIANCE be granted because of the presence of nonconformities in the zoning district or adjoining zoning districts.
YARD. An open space unoccupied and unobstructed from the ground upward, which is on the same lot with a building, except as otherwise provided herein; this excludes street and alley rights-of-way.
ZONING ADMINISTRATOR. The Town Manager of Wiggins, Colorado, or an authorized representative.
(Ord. 2-98, passed 4-22-1998; Ord. 1-02, passed 4-10-2002; Ord. 7-08, passed 9- -2016; Ord. 14-2017, passed 10-11-2017)