When used in these regulations, the following words and phrases shall have the specific meanings as defined in this section:
ACCESSORY DWELLING UNIT: An attached or detached dwelling unit as defined in section 7-3-22 of this title.
ACCESSORY STRUCTURE: A subordinate building or structure on the same property and not attached to the primary unit.
The footprint of an accessory structure shall not exceed fifty percent (50%) of the primary unit footprint, nor shall the total square footage of the accessory structure, including any accessory dwelling unit, exceed fifty percent (50%) of the total square footage of the primary unit 1 .
ACCESSORY USE: A use naturally and customarily incidental to, subordinate to, and devoted exclusively to the main use of the premises.
ACCOMMODATION UNIT: Any room or group of rooms without cooking facilities designed for or adapted to occupancy by guests and accessible from common corridors, walks or balconies without passing through another accommodation unit or dwelling unit. The maximum allowable number of accommodation units in the R-C districts is sixty (60) units per acre and eighty four (84) units per acre in the D-C district.
AFFORDABLE HOUSING UNIT: A primary or accessory dwelling unit for the purpose of providing attainable housing for residents earning a low to moderate annual income.
ALTERATION: Any change in size, shape, character, occupancy or use of a building or structure.
AMENITY BUILDING: A structure within a development which may contain rooms for employee housing and/or recreational uses including, but not limited to, swimming pools, handball courts, tennis courts, exercise equipment, spas and hot tubs. These amenities shall be for the benefit of the owners, residents and guests of the developments and may be open to the general public.
APARTMENT HOUSE: Any single structure containing three (3) or more individual dwelling units under a single ownership for rental purposes.
BED AND BREAKFAST: A business which provides accommodation to guests for sleeping, eating and bathing in a dwelling unit. The owner, lessee or manager of the bed and breakfast shall be a person and reside on the premises. Dwelling units providing this service shall be limited to not more than five (5) sleeping rooms, of which no more than four (4) may be used for rental purposes.
BOUTIQUE HOTEL: A building or group of buildings containing a minimum of five (5) and a maximum of fifty (50) rooms designed for the temporary occupancy of guests for less than thirty (30) days, in exchange for a fee, with all rooms being accessible from a common area.
BUILDING: Any structure used or built for the shelter or enclosure of persons, animals or property of any kind. This definition shall include decks, patios, and stairs situated on property and serving in any way the function of a building.
BUILDING COVERAGE RATIO: The percentage of building coverage as it relates to the parcel as a whole. The sum of the building footprint (including roof overhang, patio, deck, etc.) and impervious surfaces (driveways, sidewalks, etc.) square footage divided by the total square footage of the parcel. See each zone district for specific maximum building coverage.
BUILDING HEIGHT: The vertical distance above a reference datum measured to the highest point of a flat roof or deck line of a mansard roof or the midpoint of the highest gable of a pitched or hipped roof. The reference datum shall be selected by the following, whichever yields a greater height of a building:
   A.   The point of the lowest preconstruction elevation on any building face.
   B.   The point of the lowest elevation of any building face.
   C.   The elevation of the lowest point of an exposed foundation or wall.
   D.   If a site is disturbed after the adoption of this section, the owner of the property will have the burden of proving preconstruction elevation.
The height of a stepped or terraced building is the maximum height of any segment of the building using building height.
CARETAKER UNIT: An accessory dwelling unit occupied by relatives or employees of the owner of the property where the unit is located, who provide security and/or caretaking services on the property. Caretaker units shall not be used as guest quarters, offered to or used as rental units by the general public, or rented on a short term basis. All applicable requirements of section 7-3-22 of this title apply to caretaker units.
COLORADO RETAIL MARIJUANA CODE: Article 11 of title 44, Colorado Revised Statutes.
COMMON AREA: An area within a building or within a residential development that is available for common use by all owners, tenants and their invited guests. Examples of common areas include, but are not limited to: a clubhouse, courtyard or other shared recreation area; building lobbies, corridors and stairways; parking areas; laundry rooms; roofs; and storage rooms.
CONDOMINIUM: A type of ownership which consists of a separate fee simple estate in an individual air space unit of a multi-unit property together with an undivided simple interest in common elements, such as yards, parking areas and recreation facilities either compliant with the Colorado Common Interest Ownership Act or subject to an exemption to the provisions thereof.
COUNCIL: The Town Council of the Town of Winter Park.
DENSITY: The number of dwelling units per gross acre of the development. It is the intention of the Town to control the maximum density of development by limiting the number of dwelling units, and thus all residential developments and mixed use developments containing dwelling units shall be bound by the following:
The maximum number of units 2 per acre shall be:
Note: The maximum number of units allowed per acre may not be achieved in all cases due to terrain, setbacks, building height, building coverage, parking requirements, size of dwelling unit(s), etc.
DEVELOPMENT PLAN: The provisions for development of a planned development, as required herein, which may include, but need not be limited to, easements, covenants and restrictions relating to use, location and bulk of buildings and other structures, density of development, utilities, private and public streets, ways, roads, pedestrian areas and parking facilities, common open space and other public facilities.
DRIVE-THROUGH BUSINESSES: An establishment that sells products or provides services to occupants in vehicles, including drive-in or drive-up windows and drive-through services.
   A.   Drive-Through Businesses, Nonrestaurants: A drive-through business that serves a use not related to a restaurant, fast food restaurant or formula fast food restaurant. This use includes the operation of drive-up or a drive-through service at a bank or financial institution, food sales (for off site preparation or consumption only), personal services, and retail sales (e.g., pharmacy).
   B.   Drive-Through Businesses, Restaurants: A drive- through business that operates in conjunction with a restaurant, fast food restaurant or formula fast food restaurant.
DUPLEX, TRIPLEX, FOURPLEX: A building designed for two (2) or more families living independently of each other. The unsubdivided interest in the building and property remain under fee simple ownership by one entity.
DWELLING: Any building or portion thereof which is used as the private residence or sleeping place of one or more persons, but not including mobile homes, hotels, motels, tourist courts, resort cabins, clubs, hospitals or similar uses.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof, designed for or occupied by two (2) or more families living independently of each other.
DWELLING, SINGLE-FAMILY: A detached building designed exclusively for occupancy by one family.
DWELLING UNIT: One or more rooms in a dwelling designed for occupancy by one family for living purposes and having not more than one kitchen.
EXISTING ELEVATION: The present ground elevation of a site if the site has been disturbed or modified prior to the adoption of ordinance 324, series of 2002.
FAMILY: An individual or two (2) or more persons related by blood or marriage, or a group not to exceed five (5) persons living together as a single housekeeping unit in a dwelling unit.
GASOLINE CONVENIENCE STORE: A building which may provide gasoline, automotive and convenience related services provided that all operations except the servicing of gasoline, oil, air and water be conducted within an enclosed building.
HOME OCCUPATION: A business conducted within and subordinate to a dwelling unit. See section 7-3-10 of this title for specific requirements.
HOMEOWNERS' ASSOCIATION: A private association, governed by a set of covenants and restrictions either compliant with the Colorado common interest ownership act or subject to an exemption to the provisions thereof.
HOTEL: A building, where sleeping accommodations are offered to the public. Access to the sleeping rooms is primarily through an inside lobby or hallway.
LOFT (MEZZANINE): An intermediate floor placed in any story or room not to exceed thirty three percent (33%) of the total floor area in that room (according to the building code 3 ). The clear height above or below a loft shall be not less than seven feet (7').
LOT: A legally platted or subdivided parcel of land intended for the purpose, whether immediate or future, of ownership transfer, possession, or building development.
No lot is legally created within the town until the same has been approved by the town council by final subdivision or PUD approval.
LOT AREA: The total horizontal area within the lot lines of a lot.
LOT LINE, FRONT: The property line dividing a lot from a street. On a corner lot, only one street line shall be considered as a front line and the shorter street frontage shall be considered the front line.
LOT LINE, REAR: The line opposite the front lot line.
LOT LINE, SIDE: Any lot lines other than front lot lines or rear lot lines.
LOT WIDTH: The distance measured between side lot lines along the front lot line.
MALL: A building or set of buildings which contain retail units, with interconnecting external walkways, enabling visitors to easily walk from unit to unit.
MARIJUANA: All parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate, but excluding industrial hemp, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
MARIJUANA CULTIVATION FACILITY: An entity licensed to cultivate, prepare, and package marijuana and sell marijuana to marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.
MARIJUANA PRODUCT MANUFACTURING FACILITY: An entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to marijuana stores, but not to consumers.
MARIJUANA PRODUCTS: Products that are comprised of marijuana and other ingredients that are intended for use or consumption, including, without limitation, edible products, ointments and tinctures.
MARIJUANA STORE: An entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers.
MARIJUANA TESTING FACILITY: An entity licensed by the State of Colorado to analyze and certify the safety and potency of marijuana.
MEDICAL MARIJUANA: Marijuana plants used by persons suffering from debilitating medical conditions, as defined in the Colorado Medical Marijuana Code.
MIXED USE: A development which incorporates commercial and residential uses in one building.
MOTEL: A building, or part thereof, in which sleeping or living accommodations are offered to the public primarily on a short term or transient basis, with access to the individual units from the exterior of the building and parking facilities for use of guests near their quarters.
NONCONFORMING STRUCTURE: A structure or portion thereof, existing at the effective date of this title, which, by virtue of its size, configuration or location on a given lot, violates a setback, building coverage or height regulation applicable to the district in which it is located.
NONCONFORMING USE: The use of a structure or premises, existing at the effective date of this title, for any purpose not permitted for a new use in the district in which it is located.
ON SITE EMPLOYEE DWELLING UNIT: An accessory dwelling unit which is constructed in a commercial establishment. All applicable requirements of section 7-3-22 of this title apply to on site employee dwelling units.
OPEN SPACE (PRIVATE): A parcel or parcels of land, an area of water, or a combination of land and water within the site designated for a development, designed for active and/or passive leisure and recreational use and intended primarily for the enjoyment of the residents and visitors of the development. The term shall not include impervious surfaces (such as buildings, streets, parking lots, stalls, driveways, and loading areas) that are not designated for outdoor unenclosed recreational use. Such private open space is generally owned by the unit owners or the homeowners' association and maintained through the homeowners' association and reserved exclusively for their use.
OPEN SPACE (PUBLIC): A parcel or parcels of land, an area of water, or a combination of land and water developed or designed for active and/or passive leisure and/or recreational use intended primarily for the enjoyment by the general public. Generally, public open space is dedicated in fee to the local governing body or one of its agencies and owned and maintained by said governing body or one of its agencies.
OUTDOOR LIGHTING: All exterior lighting fixtures. Refer to the appropriate architectural design guidelines and regulations for limitations.
OUTDOOR VENDOR: The act of selling or offering for sale, wares, goods, merchandise, food or services with or without a display apparatus, for a temporary period, from a location outside of a building on private property.
PARKING: Refer to the standards and specifications for design and construction.
PLANNED DEVELOPMENT: A land area under unified control designed and planned to be developed in a single operation or by a series of prescheduled development phases in accordance with an officially approved final development plan which does not necessarily correspond to the existing, applicable land use regulations.
PLANNING AND ZONING COMMISSION: The town of Winter Park planning and zoning commission 4 .
PLAZA: An outdoor community amenity that serves a variety of users including building tenants and visitors and members of the public. This space type shall function as pedestrian site arrival points, homes for public art, settings for recreation and relaxation. Plazas are intended as a beneficial feature of any lively outdoor streetscape.
PRECONSTRUCTION ELEVATION: The natural ground elevation prior to any excavation.
PRIMARY UNIT: The dwelling unit or use to which an accessory dwelling unit or accessory structure may be subordinate to.
PRIVATE STREET OR ROAD: A suitable improved private street as determined by the town engineer and approved by the planning and zoning commission and town council, which provides vehicle access to abutting properties without undue hazard to public property or residents and is not owned or maintained by the town.
PUBLIC UTILITY: A business or service, which may be publicly or privately owned, engaged in supplying the public generally with some commodity or service, such as electricity, gas, water, transportation, or telephone or telegraph service. The erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or water treatment pumping stations, sewage disposal or pumping plants or other similar public service structures by a utility.
PUBLIC WATER AND SEWERAGE FACILITIES: Those facilities of a municipality or sanitation district approved by the Colorado state health department.
REGISTRY IDENTIFICATION CARD: That document issued by a state health agency which identifies a patient who is authorized to engage in the medical use of marijuana, as required by Colorado Revised Statutes section 25-1.5-106, as amended. See definition of Medical Marijuana.
REGULATED MARIJUANA BUSINESS: Any business authorized and duly licensed by Chapter 7 of Title 3 of this Code to sell regulated marijuana and regulated marijuana products.
RETAIL MARIJUANA: Marijuana that is cultivated, manufactured, distributed, or sold by a licensed retail marijuana establishment.
RETAIL MARIJUANA ESTABLISHMENT: A marijuana store, a marijuana cultivation facility, a marijuana products manufacturer, or a marijuana testing facility.
RETAIL USE: Space within any structure or portion thereof intended or primarily suitable for occupancy by persons or entities which supply commodities to customers on the premises including, but not limited to, stores, shops, restaurants, bars, eating and drinking businesses, including all space accessory to such retail use.
RIGHT OF WAY: A fee simple strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sewer main, trees, or for any other special use. The usage of the term right of way for land platting purposes shall mean that every right of way hereafter 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 or areas of such lots or parcels. Rights of way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the plat on which such right of way is established.
SCREENING: A structure erected or vegetation planted to conceal from viewers the area behind it.
SETBACK: A predetermined minimum distance a structure shall be located from a lot line. See each zoning district for specific requirements.
SITE: A parcel of land occupied or capable of being occupied by at least one building and the accessory building or uses customarily incidental to it.
SPECIAL EVENT: A function whose primary purpose is to promote an exciting, lively, fun and/or prosperous business climate within the town of Winter Park, including outdoor festivals, organized gatherings, music (amplified or otherwise), athletic exhibitions, and other similar activities, or any other activity that substantially increases or disrupts the normal flow of traffic on any street or highway or any activity which involves the use of public facilities, or any activity which involves the use of any town services that would not be necessary in the absence of such an event.
SPECIAL USE: A specific use of land or buildings or both described and permitted herein subject to special provisions and which, because of its unique characteristics cannot be properly classified as a permitted use.
STREET: A public thoroughfare, which affords the principal means of access to abutting property.
STREET VENDOR: The act of selling or offering for sale, wares, goods, merchandise, food or services with or without a display apparatus, for a temporary period, on public right of way or public property.
STRUCTURES: Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet (6') in height.
TOWNHOME: A type of ownership which consists of a fee simple ownership of an individually deeded lot and dwelling. A townhome is generally part of a development consisting of two (2) or more townhomes and may have membership rights in a homeowners' association.
TOWNHOME DEVELOPMENT: A townhome project with units grouped in attached clusters and each unit located on an identifiable lot.
USE: The purpose for which land or building is designed, arranged, intended, occupied or maintained.
YARD: From the ground upward, unoccupied and unobstructed open space on a lot, except as otherwise provided in these regulations.
YARD, FRONT: A yard extending across the full width of the lot between the front lot line and the nearest line or point of a building.
YARD, REAR: A yard extending across the full width of the lot between the rear lot line and the nearest line or point of a building.
YARD, SIDE: A yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of a building. (Ord. 317, Series of 2002; amd. Ord. 324, Series of 2002; Ord. 408, Series of 2008; Ord. 423, Series of 2009; Ord. 439, Series of 2010; Ord. 444, Series of 2011; Ord. 474, Series of 2013; Ord. 498, Series of 2016; Ord. 513, Series of 2018; Ord. 537, Series of 2020; Ord. 559, Series of 2021)



1. See also subsection 7-3-4D of this title.
1. See also specific district.
1. See section 6-1-1 of this code.
1. See title 2, chapter 1 of this code.