Title 17 LAND USE
Chapter 17.04 GENERAL PROVISIONS AND DEFINITIONS
17.04.040 Definitions.
A. General. When not inconsistent with the content, words
used in the present tense including the future; words in the singular number
include the plural number; and the masculine includes the feminine.
1. The word "shall" is mandatory.
2. The word "may" is permissive.
3. The word "person" includes a firm, association,
organization, partnership, trust, company or corporation, as well as an
individual.
4. Whenever the words "dwelling" or "dwelling unit," "rooming
house," "rooming unit," or "premises" are used, they shall be construed as
though they were followed by the words "or any part thereof."
5. The word "building" includes the word "structure;" the
term "used" includes the words "arranged," "designed" or "intended to be used,"
the term "occupied" includes the words "arranged," "designed" or "intended to be
occupied."
6. If a term or word causes difficulties in interpretation
and is not herein defined or properly described, the County Planning Commission
shall define the terms and recommend to the Board of County Commissioners that
it amend this resolution to include an appropriate definition.
B. Specific. For the purpose of this resolution certain words
and terms are defined as follows:
"Accessory use and building" means a subordinate use of a
building, other structure, or tract of land, or a subordinate building or other
structure: (a) which is clearly incidental to the use of the principal building,
other structure or use of land; (b) which is customary in connection with the
principal building, other structure or use of land; and (c) which is ordinarily
located on the same lot with the principal building, other structure or use of
land.
"Adult amusement or entertainment" means an amusement
or entertainment which is distinguished or characterized by an emphasis on
acts or material regardless of the medium of communication used, depicting,
describing or related to "specified sexual activities" or "specified
anatomical areas" as defined herein, including, but not limited to the
presentation of topless or bottomless dancers, exotic dancers, strippers,
male or female impersonators or similar such entertainment.
"Adult bookstore or gift shop or adult video store"
means a business or other enterprise or establishment having as a
substantial and significant portion, but not less than twenty (20) percent,
or its stock in trade, revenues, space or advertising expenditures,
resulting from the sale, renting or viewing of one or more of the following:
1. Books, magazines, periodicals, or other printed
matter, or photographs, films, motion pictures, video cassettes or video
reproductions, disks, laser disks, slides or other visual representations or
communications which depict or describe specified sexual activities or
specified anatomical areas; or
2. Instruments, devices or paraphernalia which are
designed for specified sexual activities.
"Adult cabaret" means a nightclub, bar, restaurant or
similar type business or establishment which regularly features:
1. Persons who appear in a state of nudity; or
2. Live performances which are characterized by the
exposure of specified anatomical areas or by specified sexual activities; or
3. Films, motion pictures, video cassettes, slides,
disks or laser disks or other photographic or visual reproductions which are
characterized by their emphasis on the depiction or description of specified
sexual activities or specified anatomical areas.
"Adult hotel or motel" means a hotel, motel or
similar business establishment which offers private rooms for the temporary
occupancy of one or more individuals and provides to the public patrons live
performances or closed circuit or in-room television transmissions, films,
motion pictures, video cassettes, disks, laser disks, slides or other visual
or photographic reproductions which are characterized by their emphasis on
the depiction or description of specified sexual activities or specified
anatomical areas.
"Adult motion picture theater" means a business
establishment where films, motion pictures, video cassettes, disks, laser
disks, slides or similar visual or photographic reproductions are regularly
shown which are characterized by their emphasis on the depiction or
description of specified sexual activities or specified anatomical areas.
"Adult photo studio" means a business establishment
which, upon payment of a fee, provides photographic or other visual
reproduction equipment and/or human models for the purposes of photographing
specified sexual activities or specified anatomical areas as defined herein.
"Adult theater" means a theater, concert hall,
auditorium or similar business establishment which regularly features
persons who appear in a state of nudity or live performances which are
characterized by the exposure of specified anatomical areas or by specified
sexual activities.
"Adult use" means any one of the following: adult
amusement or entertainment, adult bookstore or gift store or video store,
adult cabaret, adult hotel or motel, adult motion picture theater, adult
photo studio, adult theater, a sexual encounter establishment as are
otherwise defined herein.
"Advertising," including "advertise" or "to advertise" or
"advertisement," means to describe or "appraise publicly, to call public
attention to or to inform or give information by words, symbols or
pictures.
"Advertising device" means any outdoor sign, display, device,
figure, painting, drawing, message, placard, poster, billboard, or any other
contrivance designed, intended or used to advertise or to give information in
the nature of advertising and having the capacity of being visible from the
travel way of any public road or highway, except any advertising device on a
vehicle using the highway. The term "vehicle using the highway" does not include
any vehicle parked near the highway for advertising purposes.
"Advertising Device, Directional--Public Place" means an advertising device containing
directional information about public places owned or operated by Federal, State
or local governments or their agencies. Advertising devices for privately owned
or operated places are either on-premises or off-premises advertising
devices.
"Advertising Device, Off-Premises" means an advertising device, including "billboard," which purpose is to
advertise activities, goods or services not principally or primarily available
on the premises upon which the device is located.
"Advertising Device, Official"
means any advertising device erected for a public purpose authorized by law, but
the term shall not include devices advertising any private business. Authorized
by law means a duly enacted statute, rule, regulation, ordinance, declaration
or resolution by a governmental entity specifically authorizing the erection of
such device by a governmental entity.
"Advertising Device, On-Premises" means an advertising device or business sign whose purpose is to
advertise the principal or primary activities, goods or services available upon
the premises; or to identify the property upon which the sign is located; or to
advertise the property as under construction or for sale or lease.
"Agricultural custom contractor" means the provision of
services necessary and customary to farming or ranching operations, requiring
special knowledge, expertise or equipment, including the parking, servicing,
repairing or maintenance of vehicles designed for on-road hauling of livestock
or agricultural products, and including vehicles and machinery designed for the
harvesting, planting, cultivating or processing of crops. The use "agricultural
custom contractor" shall be considered a use-by-right in the A-1 and A-2 zone
districts upon property containing a minimum of five contiguous acres.
Notwithstanding the definition set forth herein in the A-3 and A-4 zone
districts, the parking, servicing, repairing or maintenance of on-road hauling
tractor trailer rigs, commonly termed "eighteen-wheelers," either as a unit, or
individually, as trailer or tractor, is prohibited.
"Agriculture". See "Farming" or "Ranching."
"Airfield" means a place on land and/or water, where aircraft
may land and/or take off. Does not include heliport.
"Airport" means a place on land or water where aircraft may
land to discharge or receive cargo and passengers, make repairs or take on
fuel.
"Alley" means a minor way which is used primarily for
vehicular service access to the back or the side of properties otherwise
abutting on a street.
"Alter" means any structural change in the supporting or load
bearing members of a building, such as bearing walls, columns, beams, girders or
floor joists.
"Amusement facility" means a facility for the amusement and
enjoyment of the general public; this term shall include roller coasters,
carousels and arcades.
"Antique" means a fine art object, artifact, implement or
household furnishing, over fifty (50) years old, which is characteristic of a
specified area or country, or which has other historical and artistic
significance.
"Apartment House". See "Dwelling, multiple."
"Apartment Hotel". See "Hotel, apartment."
"Appropriate" means belonging peculiarly, or specially
suitable.
"Approved" means sanctioned by the appropriate official as
required by law so long as all provisions of these zoning regulations are
met.
"Assembly" means the joining together of completely
fabricated parts to create a product.
"Atmospheric Light Pollution" means general sky glow caused by the scattering
of artificial light in the atmosphere and resulting in decreased ability to see
and enjoy the natural night sky.
"Attached Building". See "Building, attached."
"Auction" means a public sale in which real or personal
property is sold to the highest bidder.
"Automobile and trailer sales area" means an open area, other
than a street, used for the display, sale or rental of new or used automobiles
or trailers, and where no repair work is done, except minor incidental repair of
automobiles or trailers to be displayed, sold or rented on the
premises.
"Auto repair shop" means a shop or place of business for
repair and maintenance of automobiles, trucks and other automotive equipment,
which carry a valid title and show a work order; all others shall be classified
as salvage and/or junk.
"Automobile storage yards" means a yard used for the storage
of assembled automobiles, either operable or non-operable, but not for the
storage of automobile parts, provided that "automobile storage yard" shall not
include any yard wherein there occurs any dismantling, demolition, or sale of
automobiles or parts thereof.
"Aviary" means a place for keeping birds
confined for the purpose of breeding, raising, or selling.
"Barber shop" means the place of business of one whose
business it is to cut hair, and to shave or trim beards.
"Beauty shop" means an establishment providing persons with
services that includes hair treatment, manicures or facials.
"Bed and breakfast" means a private
residence that offers sleeping accommodations to lodgers in 14 or fewer
rooms for rent, in the owner's principal residence. The maximum stay
is thirty days.
"Block" means a distinct portion or plot of land in a
platted subdivision described and numbered as a block on the recorded plat
of said
subdivision, or a distinct portion or plot of land bounded on all sides by
public streets, alleys or easements.
"Board" means the Zoning Board of Appeals.
"Boarding house". See "House, rooming or boarding."
"Buffer" means an area of land
used to separate visibly one use from another or which acts as a separation
between two land uses of different intensity.
"Buildable area" means that portion of a lot or parcel that
can be occupied by a building or structure.
"Building" means a roofed structure for the support, shelter
or enclosure of persons, animals or chattels. See "Structure."
"Building area" means the total area on a horizontal plane at
the average grade level of the principal building and including all accessory
buildings measured along outside walls and exclusive of uncovered porches,
terraces and steps.
"Building, Attached" means a building
attached to another building by a common wall (such wall being a solid wall with
or without windows and doors) and/or a common roof with a common horizontal
dimension of eight feet or more. See "Building, semi-attached."
"Building, Height of" means the vertical
distance at the center of a building’s principal front measured from the
established street grade to the highest point of the coping of a flat roof, or
to the center height between the eaves and ridge for pitched roofs. For
buildings set back from the street line, the height of the building shall be
measured from the average elevation of the finished grade along the front of the
building, provided the distance from the street line is not less than the height
of such finished grade above the established street grade.
"Building line" means a line on a plat or the theoretical
line on the ground between which line and a street, alley or private place no
principal building or structure may be erected.
"Building, Nonconforming". See "Structure,
nonconforming."
"Building, Principal and/or Main" means a building in which is conducted the main or principal use of
the lot or parcel on which the building is situated, and including garages,
carports, storage sheds, etc., which are attached to the principal building. (On
farms the house shall be considered the principal structure.)
"Building, Semi-Attached" means a
building attached to another building by a common wall (such wall being a solid
wall with or without windows and doors) and/or a common roof with a common
horizontal dimension less than eight (8) feet. See "Building, attached."
"Bulk plant" means that portion of a property where flammable
liquids are received by tank vessel, pipe line, tank car, or tank vehicles, and
are stored or blended in bulk for the purpose of distributing such liquids by
tank vessel, pipe line, tank car, tank vehicle, or container.
"Carport" means a roofed structure providing space for the
parking of motor vehicles and enclosed on not more than two (2) sides.
"Car wash" means a facility for the cleansing of automobiles
and other vehicles.
"Cemetery" means a place for interment of the dead, which
shall be categorized as either public or private. Shall include
mausoleum.
1. Public cemetery is one, which is operated as a business
for commercial gain and shall require a special use permit.
2. Private cemetery is one in which its use is intended
solely for the owner of the property and immediate family. After approval by
(PCPC) and appropriate proof shown.
"Center Line". See "Street, center line of."
"Child care centers" means a facility, by whatever name
known, which is maintained for the whole or part of a day for the care of five
or more children under the age of sixteen (16) years and not related to the
owner, operator or manager thereof, whether such facility is operated with or
without compensation for such care and with or without stated educational
purposes. The term includes facilities commonly known as day care centers, day
nurseries, nursery schools, kindergartens, preschools, play groups, day camps,
summer camps, and centers for developmentally disabled children, and those
facilities which give twenty-four (24) hour care for dependent and neglected
children; and includes those facilities for children under the age of six (6) years,
with stated educational purposes operated in conjunction with a public, private
or parochial college or a private or parochial school; except that the term
shall not apply to any kindergarten maintained in connection with a public,
private or parochial elementary school system of at least six (6) grades or to any
preschool established pursuant to the provisions of Article 28 of Title 22,
C.R.S., which is maintained in connection with a public school system of at
least six (6) grades so long as the school system is not also providing extended day
services.
"Child care home" means a type of family care home, licensed
by the State of Colorado, which provides less than twenty-four (24) hour care
for two (2) or more children on a regular basis in a place of residence. Children in
care are from different family households and are not related to the caregiver.
The definition of "child care home" includes a "family child care home," an
"infant/toddler home" and a "large child care home" as defined by the State of
Colorado, Department of Human Services, Division of Child Care. A "family child
care home" and an "infant/toddler home" are considered to be an accessory use in
all zone districts which permit a single-family residence or mobile home by
right. A "large child care home" is considered to be a use-by-review (requiring
the issuance of a special use permit) in those same zone districts.
"Church" means a building, together with its accessory
buildings and uses, where persons regularly assemble for religious worship, and
which building, together with its accessory buildings and uses, is maintained
and controlled by a religious body organized to sustain public
worship.
"City" means Pueblo, Colorado, a municipal
corporation.
"Clinic, Dental or Medical" means a
building in which a group of physicians, dentists or physicians and dentists and
allied professional assistants are associated for the purpose of carrying on
their professions. A clinic may include a dental or medical laboratory, but not
facilities for inpatient care or operating rooms for major surgery. (See
"Hospital.")
"Club" means a building or rooms and accessory buildings and
grounds occupied by a nonprofit association of persons for the promotion of some
common objective such as, but not limited to, literature, science, politics,
recreation and good fellowship, meeting periodically, limited to members, with
not more than one-third of the gross floor area occupied by the use used for
residential occupancy.
"Cluster Subdivision" means a form of
single-family residential subdivision that creates parcels containing less
than thirty-five acres each, permits housing units to be grouped on sites or
lots with dimensions, frontages, and setbacks reduced from conventional
sizes of the current zone district, allows one residential unit for each
seventeen and one-half acre increment, and where at least two-thirds of the
total land area is reserved for the preservation of open space.
"Color rendering index (CRI)" means the
measured effect of light on objects. To determine the CRI of a lamp, the
color appearances of a set of standard color chips are measured with special
equipment under a reference light source with the same correlated color
temperature as the lamp being evaluated. If the lamp renders the color of
the chips identical to the reference light source, the CRI is less than one
hundred (100). A low CRI indicates that some color may appear unnatural
when illuminated by the lamp.
"Commercial" means of, or pertaining to, or engaged in the
buying, selling, renting or leasing of goods, services or property.
"Commission, Planning" means City
Planning and Zoning Commission, and/or Pueblo County Planning Commission, and/or
District Planning Commission as appropriate to the context.
"Common Open Space" means land
within or related to a cluster residential development, not individually
owned, which is designed and intended for the common use or enjoyment of the
residents of the development, or the public, which may contain such
accessory structures and improvements as are necessary and appropriate for
recreation purposes. A condition of the cluster residential development
approval shall be that the common open area may not be further subdivided.
"Composting facility" means a
facility where organic matter that is derived primarily from offsite is to
be processed by composting and/or is processed for commercial purposes.
The use may include collection, transportation, composting, curing, storage,
marketing, or use of compost. Any Composting Facility is subject to
regulation by the Colorado Department of Public Health and Environment's
Hazardous Materials and Waste Management Division, under 6 CCR 1007-2,
Regulations Pertaining to Solid Waste Sites and Facilities, Section 14
Composting, as now enacted or amended. A Composting Facility shall
require an area of no less than 35 acres.
"Comprehensive plan" means the sum of the policies,
proposals, programs, maps and reports adopted and identified by the planning
commission as components of the comprehensive plan.
"Concealed light source" means an artificial light intended
to illuminate the face of a sign, building, structure or area, which light is
shielded from the public view and from the adjoining properties.
"Construction, Beginning of" means
the utilization of labor and/or materials on the footings, foundations, walls,
roofs and other portions of the building or structure.
"Contractor’s yard" means property used partially or
exclusively to park or store construction vehicles or equipment used by a
building or construction trades contractor licensed by or registered with the
appropriate Pueblo County governmental agency. The contractor’s business
office is considered an accessory use to a contractor’s yard. Vehicles and
equipment may be repaired or maintained in a contractor’s yard provided
such work is done in an enclosed building or structure.
A contractor’s yard in an I-1, I-2 or I-3 zone district
may have on-site storage of materials, and may have fabricating or assembling of
a product made by the contractor as part of the construction work. Construction
materials shall not be stored in an A-1 or A-2 zone district, nor shall any
product sold by the contractor in the contractor’s construction work be
fabricated or assembled unless the Planning Commission approves such uses by
issuing a special use permit. Fabricating or assembling products in a
contractor’s yard in an A-1 or A-2 zone district shall be performed only
within an enclosed building or structure. A contractor’s yard in an A-1 or
A-2 zone district shall meet the I-2 zone district performance
standards.
"County" means Pueblo County, Colorado.
"Court" means an uncovered space, other than a yard, on the
same parcel as the building and bounded on three or more sides by such
buildings, walls or fences.
"Covered" means roofed, trellised or otherwise shielded from
the sky except for ground cover material.
"District, Zone" means a land area or land
areas as defined by the zoning map within which the zoning regulations are
uniform.
"Domesticated Pot-Bellied Pig"
shall mean a domesticated porcine animal of the species Sus Scrofa
bittatus which meets both of the following criteria:
(i) the animal shall not exceed one
hundred (100) pounds in weight, and
(ii) if over four (4) months of age, the
animal shall be spayed or neutered.
"Domestic Septage" is the liquid
or solid material removed from a septic tank, cesspool, portable toilet,
Type III Marine Sanitation Device, or a similar system that receives only
domestic septage (household, non-commercial, non-industrial sewage).
Land application of domestic septage is allowed only as a Use-by-Review in
the Agricultural One (A-1) and Two (A-2) Zone Districts. Land
application of domestic septage shall be subject to U.S. Environmental
Protection Agency (EPA) requirements within the Federal Part 503 Rule, "The
Standards for the Use or Disposal of Sewage Sludge" (Title 40 of the Code of
Federal Regulations [CFR], Part 503), as now enacted or amended. Land
application of domestic septage shall be allowable only on parcels with a
minimum area of 35 acres.
"Domestic servant" means a person who performs gardening,
chauffeuring, and/or similar domestic full-time duties for one family and has no
other employment.
"Dwelling". As used in this chapter, this term has the same
meaning as the term "residence" defined herein.
"Dwelling, Condo" means a system of separate
ownership of individual units in a multi-unit project where the land within the
project is owned in common.
"Dwelling, Multiple" means a single
detached structure divided into three or more separate dwelling units. See
"House, row."
"Dwelling, Single-Family" means a
single-detached structure containing, but one dwelling unit.
"Dwelling, Townhouse" means an attached
or semi-attached dwelling, containing a single dwelling unit located on a
separate lot.
"Dwelling, Two-Family" means a building
or semi-attached building containing two dwelling units.
"Educational institution (commercial)" means schools,
colleges, universities, or nurseries operated for five or more students for
profit.
"Educational institution (nonprofit)" means schools and/or
seminaries administered by churches or religious organizations; schools,
colleges or universities administered by public agencies; nonprofit schools,
colleges or universities operated under charter or license from the State; and
any nonprofit institution, residence or home operated for the education of five
or more students.
"Emergency facility" means a permanent facility from which
care or relief from a situation or occurrence of a serious nature, and demanding
immediate action, is directed. This term shall include fire departments and
ambulance headquarters, but shall not include hospitals.
"Employee" means a person employed permanently; this shall
not mean temporary or seasonal employees.
"Employee, Off-Site" means an employee of
a home occupation whose services are provided off-site, and any on-premises
activity is incidental. This definition includes permanent, temporary and
seasonal employees.
"Enclosed" means surrounded by walls and/or fences and a
roof. See "Unenclosed."
"Equestrian Arena, Commercial/Club" means an area where activities involving horseback riding are
conducted for practice, competition or entertainment. Activities include, but
are not limited to a rodeo, a charreada, calf roping, riding, bulldogging and
barrel racing. A commercial/club equestrian arena is any equestrian arena, which
is not a personal equestrian arena. A commercial/club equestrian arena may offer
such goods and services as are normal and incidental to the activities
conducted. A commercial/club equestrian arena shall be developed and used in
accordance with development and operating plan approved with the special use
permit. The development plan shall include, but is not limited to, an accurately
drawn map, which shows activity areas and improvements, access, driveways and
parking areas. The operating plan shall include, but is not limited to, the
methods proposed for control of dust, erosion, odor, noise, glare, waste
(manure) disposal, and congestion; and the methods to provide potable water and
wastewater treatment.
"Equestrian Arena, Personal" means
an area where activities involving horseback riding are conducted for practice,
competition or entertainment. Activities include, but are not limited to a
rodeo, a charreada, calf roping, riding, bulldogging and barrel racing. A
personal equestrian arena shall meet the following:
1. Accessory and incidental to the ranch, farm, or home site
on which it is located;
2. The use of the arena is limited to the family and invited
guests of the farmer/rancher/home occupant;
3. No commercial competition or commercial entertainment
occurs, and no user fees, dues or other compensation are paid; and
4. The arena is operated in such a manner so that there is no
adverse impact on surrounding properties relating to dust, erosion, odor, noise,
glare, off-site illumination (more than one foot candle of illumination measured
at the property line), waste disposal, and traffic and parking congestion.
Neither a nuisance nor noxious activity shall be conducted on the property,
which is caused by the use of the property as a personal equestrian
arena.
"Explosive" means a substance that causes a sudden rapid
release of mechanical, chemical or nuclear energy from a confined
region.
"Extractor" means any individual, partnership, association or
corporation, which extracts commercial mineral deposits for use in the business
of selling such deposits or for use in another business owned by the extractor
or any department or division of Federal, State, County or municipal government
which extracts such deposits.
"Fabrication" means the stamping, cutting, assembling or
otherwise shaping the processed materials into useful objects, excluding the
refining or other initial processing of basic raw materials.
"Family" means a group of persons related by blood, marriage
or adoption living together on the premises in a single dwelling unit, or a
group of not more than five individuals living in a single dwelling unit not
related by blood, marriage or adoption.
"Farm or ranch" means an area of at least five acres
in size if in an A-2 zone district or thirty-five (35) acres in size if in an A-1 zone
district, and used for farming or ranching.
"Farming or ranching" means the business of cultivating
land, producing crops and/or keeping livestock, fowl and other non-domestic
animals. This definition does not include feedlot or dog kennels.
"Fence" means a physical barrier of any type of construction
used to mark a boundary or to define and enclose a specific area for the
purposes of protection, privacy or confinement.
"Fence, Open" means a fence which permits direct
vision through at least seventy-five (75) percent of the fence surface area as
calculated within any and all one (1) square foot area.
"Fence, Solid" means a fence which is not an
"open fence."
"Fixture" means the assembly that holds the lamp (bulb) in a lighting system. It
includes the elements designed to give light output control, such as a reflector
(mirror) or refractor (lens), the ballast, housing, and the attachment parts.
"Flood" means a temporary rise in a watercourse, flow or
stage, that results in water overlapping its banks and inundating areas adjacent
to the channel.
"Flood, Intermediate Regional"
means a type of flood, including the water surface elevation and territorial
occupation thereof, which can be expected to occur at any time in a given area
based upon recorded historical precipitation and other valid data, but with an
average statistical one percent (1%) flood or hundred (100) year flood.
"Floodplain" means the relatively flat area or lowlands
adjoining the channel of a stream or watercourse and subject to flood water
overflow.
"Flood profile" means engineering conclusions, based upon
historical facts and/or generally accepted engineering principles, represented
on a graph or other medium, showing the relationship of the water surface
elevation of a flood to the lands surrounding the channel.
"Flood proofing" means a combination of structural
provisions, changes or adjustments to properties and structures subject to
flooding, primarily for the reduction or elimination of flood damages to
properties, water and sanitary facilities, structures, and contents of building
in a flood hazard area. Where applicable, the Corps of Engineers’ Flood
Proofing Regulations Manual, June, 1972, will be used as a guide.
"Floor Area, Gross" means the sum of the
gross horizontal areas measured between the exterior faces of exterior walls of
the several floors of a building and accessory buildings, including interior
walls, balconies, mezzanines, hallways, wells, basements and cellars, and
including the area of roofed porches, patios and carports having more than one
wall.
"Floor Area, Net" means the square footage
totaling seventy-five (75) percent of the gross floor area; or, when an
"as-built," detailed floor plan or current use plan can identify a lesser or
greater amount of usable floor area which can be demonstrated by the sum of the
horizontal area measured between the interior face of the exterior walls or all
usable floors of a building, accessory buildings (including interior balconies
and mezzanines) and surrounding open spaces wherein goods and services are
offered or displayed, but excluding interior walls, enclosed hallways,
stairwells, shafts, lavatories, furnace room, janitor supply rooms and closets,
interior parking and loading areas, and inventory stock rooms.
"Floor area ratio" means the quotient of the gross
floor area of all buildings on a lot or parcel divided by the area of said lot or
parcel.
"Food processing" means preparing, treating, converting or
packaging food.
"Foot-candle" means a unit of measure for illuminance. A unit of illuminance on a
surface that is everywhere one foot from a uniform point source of light of one
candlepower and equal to one lumen per square foot.
"Fraternity or Sorority House". See "House, fraternity or
sorority."
"Frontage" means that portion of a lot, parcel, tract or
block abutting upon a street. See "Yard, front."
"Full Cut Off Fixtures" means a luminare or light fixture that, by design of the
fixture housing, does not allow any light dispersion or direct glare to shine
above a ninety-degree, horizontal plane from the base of the fixture.
"Game Preserve, Developed" means a
restricted property on which wild animals are hunted for sport or food, and
where the potential for hunting success has been enhanced through significant
changes in the land, habitat or game population, in addition to those associated
with restricting access to the property. Significant change includes, but is not
limited to, any of the following:
1. Wetlands development that is extensive enough to require a
404 Permit from the U.S. Army Corps of Engineers;
2. Introduction of native or exotic game animals (excluding
fish), resulting in expenditures of more than one thousand dollars ($1,000.00)
per year to raise and/or purchase said animals; or
3. Construction of a lodge or clubhouse for the use of
hunters.
Developed game preserve does not include undeveloped game
preserve and game refuge.
"Game Preserve, Undeveloped"
means a restricted property on which wild animals are hunted for sport or food,
and the potential for hunting success has not been enhanced through significant
changes in the land, habitat or game population, other than those associated
with restricted access to the property. Undeveloped game preserve is an
accessory use to ranching and farming.
"Game refuge" means a restricted property on which wild
animals are provided shelter or protection from danger or distress. Game refuge
is an accessory use to ranching and farming.
"Garage, Private" means an accessory building
or an accessory portion of a main building, designed or used for the shelter or
storage of motor vehicles owned or operated by the occupants of the main
building.
"Garage, Public" means a building other than a
private garage used for the housing or care of motor vehicles, or where such
vehicles are equipped for operations, repaired, or kept for remuneration, hire
or sale.
"Garbage" means the animal and vegetable waste resulting from
the handling, preparation, cooking and/or consumption of food.
"Gardening" means the cultivation of fruits, vegetables,
flowers or other plant materials.
"Gasoline service station" means a property where flammable
liquids used as motor fuels are stored and dispensed from fixed equipment into
the fuel tanks of motor vehicles, and which may include, as an incidental
accessory use only, facilities for polishing, greasing, washing or minor
servicing such motor vehicles, but not including auto body work or other major
repairs.
"Glare" means the direct light emitting from a luminare that causes reduced vision or
momentary blindness.
"Golf Course, miniature" means a
theme-oriented recreational facility, typically comprised of nine or 18
putting greens, each with a "cup" or "hole", where patrons in groups of one
to four pay a fee to move in consecutive order from the first hole to the
last.
"Golf Course, regulation" means a
facility other than a miniature golf course for the playing of golf at which
there may be a clubhouse including rest rooms and locker rooms. A golf
course may provide additional services customarily furnished such as
swimming, outdoor recreation, and related retail sales that may include a
restaurant and cocktail lounge.
"Golf Driving Range" means a limited
area on which golf players do not walk, but onto which they drive golf balls
from a central driving tee.
"Grade, Building" means that elevation which
is the average of the highest and lowest elevation of the ground along the
facade of the building or structure which is nearest the street.
"Grade, Street" means that elevation at the
crown of the street on a line perpendicular to midpoint of the front property
line of the lot, parcel or tract.
"Grazing" means feeding or growing grasses or
herbage.
"Greenhouse" means an enclosed structure used for cultivating
plants in a controlled climate.
"Grocery store" means a store selling foodstuffs and
household supplies.
"Grouped Houses". See "Houses, grouped."
"Guest House". See "House, guest."
"Guest room" means a room in a hotel, apartment hotel, motel
or tourist home offered to the public for compensation in which room no
provision is made for cooking and which room is used only for transient
occupancy.
"Halfway house" means a residential facility for individuals
who:
1. Have been institutionalized and are proceeding toward
release; or
2. Have physical, mental or social disabilities; or
3. Are receiving treatment for substance abuse; or
4. Are in a diversion program in lieu of institutionalization
for any of the above conditions.
The facility provides either protection to those residents
whose disabilities make living in society difficult, or facilitates the
residents in becoming functional members of society. In addition to providing
shelter, the facility may also provide meals, supervision, counseling,
recreation and other necessary rehabilitative services.
"Hazardous material" means any substance that,
because of its quantity, concentration, physical or chemical
characteristics, poses a significant present or potential hazard to human
health and safety or to the environment if released into the workplace or
the environment.
"Hazardous waste" means that term as presently and hereafter
defined by Section 25-15-101 (6)(a), C.R.S.
"Hazardous waste research and development facility" means a
facility primarily devoted to research and development of technology relating to
the disposal, recovery, treatment, storage or transportation of hazardous waste.
Such facility shall not be used for commercial disposal, recovery, treatment,
storage or transportation of hazardous waste.
"Hazardous waste resource recovery facility" means a facility
which prepares or treats hazardous waste to recycle, reuse or recover material
or energy.
"Hazardous waste storage facility" means a facility in which
hazardous waste is temporarily contained for ninety (90) days or more. Such
facility shall not be used to treat, dispose of, or recover hazardous waste.
This type of facility is not required for a generator which produces hazardous
waste in quantities or for time periods exempted by rules and regulations
promulgated by the Colorado Board of Health.
"Hazardous waste testing laboratory" means a facility
primarily devoted to hazardous waste analysis or qualitative or quantitative
identification for compatibility with chemical and physical properties. This
definition does not encompass a testing laboratory operated as an accessory use
to another classification of hazardous waste facility. Neither treatment nor
recovery of hazardous waste shall be considered as accessory uses to a testing
laboratory.
"Hazardous waste transfer facility" means a facility in which
hazardous waste is temporarily held or contained, for less than ninety (90) days
during the transportation of hazardous waste. This may include container change
or modification, but shall not include treatment, disposal or resource recovery
with hazardous wastes. It also does not include hazardous waste, which is
produced in quantities or for time periods exempted by rules and regulations
promulgated by the Colorado Board of Health.
"Hazardous waste treatment facility without onsite disposal"
means a facility where treatment, as defined by Section 25-15-101(23), C.R.S.,
occurs, but not onsite disposal. Treatment may include neutralization and
incineration.
"Hazardous waste treatment facility with onsite disposal"
means a hazardous waste facility with onsite disposal, as defined by Section
25-15-200.3(4), C.R.S., and for which a certificate of designation from the
Board of County Commissioners is required.
"Health department" means the Pueblo City-County Health
Board.
"Hedge" means closely planted rows of landscape materials
such as shrubs planted and maintained so as to create a visual
barrier.
"Heliport" means a place, on land and/or water, and/or
structures where rotorcraft may land and/or take off.
"Home, Blind" means a place of residence which
provides lodging, board and personal services other than medical or nursing
care, except that it may include rehabilitation programs, for the health, safety
and comfort of more than four (4) persons having a corrected acuity of not better
than 20/70 by Snellen chart measurement, and only such other persons who are
employed in an official capacity for the operation and maintenance of the home.
A place of residence for four (4) or less blind persons, and meeting all other tests
of this definition, is determined to be a one-family residence for the purpose
of zoning and is permitted to be established subject to those zoning regulations
applicable to a one-family residence. (Note: This zoning determination does not
change other codes and regulations, such as the building code or Health
Department regulations, which are applicable to this use.) This definition does
not apply to members (related by blood, marriage or adoption) of the
owner-occupant’s or lessee-occupant’s family.
"Home, Disabled" means a place of residence
which provides lodging, board and personal services other than medical or
nursing care, but may include programs of rehabilitation, for the health, safety
and comfort of more than four (4) persons having physical disabilities or mental
disabilities, and only such other persons who are employed in an official
capacity for the operation and maintenance of the home. A place of residence for
four (4) or less disabled persons, and meeting all other tests of this definition,
is determined to be a one-family residence for the purpose of zoning and is
permitted to be established subject to those zoning regulations applicable to a
one-family residence. (Note: This zoning determination does not change other
codes and regulations, such as the building code or Health Department
regulations, which are applicable to this use.) This definition does not apply
to members (related by blood, marriage or adoption) of the
owner-occupant’s or lessee-occupant’s family.
"Home, Elderly" means a place of residence
which provides lodging, board and personal services other than medical or
nursing care, for the health, safety and comfort of more than four (4) persons being
either fifty-five (55) years of age or older or the cohabitation spouses of
persons fifty-five (55) or older, and only such other persons who are employed
in an official capacity for the operation and maintenance of the home. The term
"personal services" for purposes of this definition means those services
provided for each resident, including: housekeeping and laundry services;
services to maintain an environment which is sanitary and safe from physical
harm; individualized social supervision; assistance with transportation; and
assistance with activities of daily living, including but not limited to
bathing, dressing and eating. (See "Home, elderly foster" for one to four
elderly.) This definition does not apply to members (related by blood, marriage
or adoption) of the owner-occupant’s or lessee-occupant’s
family.
"Home, Elderly Foster" means a place of
residence which provides lodging, board and personal services other than medical
or nursing care, for the health, safety and comfort for one (1) to four (4) persons,
being either fifty-five (55) years of age or older or the cohabitation spouses
of persons fifty-five (55) or older, and only such other persons who are
employed in an official capacity for the operation and maintenance of the home.
The term "personal services," for purposes of this definition means those
services provided for each resident, including: housekeeping and laundry
services; services to maintain an environment which is sanitary and safe from
physical harm; individualized social supervision; assistance with
transportation; and assistance with activities of daily living, including but
not limited to bathing, dressing and eating. This definition does not apply to
members (related by blood, marriage or adoption) of the owner-occupant’s
or lessee-occupant’s family.
"Home, Family Foster" means a facility
providing care and training for up to four (4) children not related to the caretaker
for regular twenty-four (24) hour care, or a certified relative foster care home
(the number may exceed four (4) children if a group of siblings are to be cared for
in the home and no other foster children are in care in that home). A family
foster care home is considered an accessory use in all zone districts permitting
a single-family residence and/or a mobile home as a use-by right. This definition
is only for the purpose of zoning, family foster homes remain subject to all
other Colorado Department of Human Services’ regulations. Also see "Home,
receiving" and "Specialized group facility."
"Home, Maternity" means a place of residence
which provides lodging, board and personal services other than medical or
nursing care for the health, safety and comfort of more than four (4) women who are
pregnant or who are recovering from a pregnancy having terminated with the
previous sixty (60) days, and only such other persons who are employed in an
official capacity for the operation and maintenance of the home. A place of
residence for four (4) or less pregnant or recovering women, and meeting all other
tests of this definition, is determined to be a one-family residence for the
purpose of zoning and is permitted to be established subject to those zoning
regulations applicable to a one-family residence. (Note: This zoning
determination does not change other codes and regulations, such as the building
code or Health Department regulations, which are applicable to this use.) This
definition does not apply to members (related by blood, marriage or adoption) of
the owner-occupant’s or lessee-occupant’s family.
"Home, Nursing" means a place of permanent
residency which provides lodging, board and personal services to more than four
(4) persons who are sick, infirm or convalescent persons who are attended by nurses
caring for their physical and mental requirements. It may also include only such
other persons who are employed in an official capacity for the operation and
maintenance of the home. A hospital is not a nursing home. A place of residence
for four (4) or less sick, infirm, or convalescent persons, and meeting all other
tests of this definition, is determined to be a one-family residence for the
purpose of zoning and is permitted to be established subject to those zoning
regulations applicable to a one-family residence. (Note: This zoning
determination does not change other codes and regulations, such as the building
code or Health Department regulations, which are applicable to this use.) This
definition does not apply to members (related by blood, marriage or adoption) of
the owner-occupant’s or lessee-occupant’s family.
"Home occupation" means an accessory use clearly incidental
and subordinate to an established principal dwelling unit (a.k.a., residence)
that is conducted within a dwelling unit, accessory building, or private
recreation area (e.g., swimming pool, tennis court, riding arena, etc.).
See
Section 17.120.030.
Homeowner's Association" means a
private nonprofit association which is organized by the developer of a
cluster residential development in which individual owners share common
interests in open space and/or facilities and are in charge of preserving,
managing, and maintaining the common property, and enforces certain
covenants and restrictions.
"Home, Receiving" means a certified family
foster home providing temporary emergency care (no more than ninety (90)
consecutive days for any single child) for up to eight (8) foster children. This
definition is only for the purpose of zoning; receiving homes remain subject to
all other Colorado Department of Human Services’ regulations. Also see:
"Home, family foster" and/or "Specialized group facility."
"Home, Religious" means a place of residence
which provides lodging, board and personal services other than medical or
nursing care for the health, safety and comfort of more than four (4) persons of the
same religious body, such body being organized to sustain public worship, and
only such other persons who are employed in an official capacity for the
operation and maintenance of the home. The home shall be controlled and
maintained by the religious body. A place of residence for four (4) or less persons
of the same religions, and meeting all of the tests of this definition, is
determined to be a one-family residence for the purpose of zoning and is
permitted to be established subject to those zoning regulations applicable to a
one-family residence. (Note: This zoning determination does not change other
codes and regulations, such as the building code, Health Department
regulations, which are applicable to this use.) This definition does not apply
to members (related by blood, marriage or adoption) of the
owner-occupant’s or lessee-occupant’s family.
"Horizontal Illuminance" means the measurement of brightness from a light source,
usually measured in foot-candles or lumens, which is taken through a light
meter’s sensor at a horizontal position.
"Hospital" means any building or portion thereof used for the
accommodation, nursing and medical, surgical or psychiatric care of the sick,
injured or infirm persons. See "Clinic, dental or medical."
"Hospital, Veterinary" means a building
in which animals requiring special medical care are treated, or temporarily
housed; the term shall not be interpreted to include any type of boarding or
commercial kennel or stable.
"Hotel" means a structure containing five or more guest rooms
with access usually from a common hallway.
"Hotel, Apartment" means a structure divided
into several independent dwelling units and intended more or less as a temporary
abiding place of individuals.
"House, Fraternity or Sorority"
means the building occupied by an organization incorporated as a fraternity or
sorority formed chiefly to promote friendship and welfare among the members,
usually college students, and usually providing space for eating, sleeping and
social activity.
"House, Guest" means living quarters within a
semi-attached or detached accessory building located on the same premises with
the principal building for use by temporary guests of the occupants of the
premises, and not rented or otherwise used as separate dwelling unit. (Note: A
significant typographical omission occurred in the previous definition of
"House, guest." From at least 1978, and perhaps as early as 1963, until the
zoning resolution update published August 1, 1990, this definition omitted the
word "building." Following "accessory" and more importantly the word "not" was
omitted prior to "rented.")
"Housekeeping Units". See "Dwelling, Multiple."
"House, Lodging" means a rooming
house.
"House, Rooming or Boarding"
means a building or structure containing guest rooms in which lodging for five
(5) or more persons is provided with or without meals for permanent
guests.
"House, Row" means three (3) or more dwelling units
usually arranged in a row and joined by party walls.
"Houses, Grouped" means a group of two (2) or
more detached or semi-attached dwelling units or apartment structures usually
separated by a court or courts used in common by the inhabitants
thereof.
"Housing, Tenant" means structures on farms
and ranches intended primarily for the housing of persons and/or their families,
employed on the farm or ranch.
"IESNA" means Illuminating Engineering
Society of North America is an organization that recommends standards for
the lighting industry.
"Improvements Agreement" means an
agreement guaranteeing to construct any required public improvements shown
in the rural land use documents, together with collateral which is
sufficient, in the judgment of the Board, to make reasonable provision for
the completion of said improvements in accordance with design and time
specifications.
"Industry" means the commercial production and wholesale of
goods and services.
"Industry, Light" means any branch of trade,
production or creative endeavor employing labor and capital in an industrial or
manufacturing process which is not noxious or offensive by reasons of the
emission of odor, dust, smoke, gas, fumes, noise or vibrations, whose waste
products are not allowed to emerge or accumulate where they will cause
discomfort or be unsightly to adjoining property owners or to the public
generally, and which operates independent of: railroad sidings, extensive
loading docks, and steam generation as prime power.
"Jobber" means a wholesaler who operates on a small scale or
who sells only to the retailers and institutions.
"Junk" means goods, material or objects that are so worn,
deteriorated or obsolete as to make them unusable in their existing condition
and/or which are subject to being dismantled or processed for reuse.
"Junked vehicle" means any motor vehicle,
which because of a legal or mechanical condition or defect, cannot be operated on
a public street or highway. It shall be prima facie evidence that a vehicle is
mechanically inoperable if its motor, axle, wheel or similar necessary parts
have been removed from the vehicle. It shall be prima facie evidence that a
vehicle is legally inoperable if after thirty (30) days’ written notice
given pursuant to this resolution a vehicle fails to possess and display current
license plates. A motor vehicle means any self-propelled vehicle which is
designed primarily for travel on the public highways and which is generally and
commonly used to transport persons and property over the public
highway.
The term "junked vehicle" as defined herein shall not include
vehicles within a properly screened portion of the premises of a junk or salvage
dealer whose use of the property is proper under the zone district wherein the
property is located, vehicles on the premises of any properly zoned business
dealing in the selling, repairing or servicing of vehicles, or vehicles within a
fully enclosed building.
"Junkyard" means any lot, parcel or tract used for the
storage, keeping, sale or abandonment of junk and/or for the dismantling,
demolition or abandonment of automobiles, or other junk or parts
thereof.
"Kennel" means any lot, parcel, tract or structure in which
five or more dogs, six months old or older, are kept, raised, housed, boarded or
bred.
"Kitchen" means any area intended and equipped for the
preparation of food.
"Laboratory" means a building or part of a building devoted
to testing and analysis of any material or substance.
"Lamp"
means the light-producing source installed in the bulb portion of a luminare.
"Landscaping Materials, Wholesale and Retail
Sales" for items such as, but not limited to decorative rock, mulch,
sand, topsoil, flagstone, weed barrier, edging, fill dirt, pavestone type
products, sod, nursery products, and decorative concrete products.
Landscaping materials shall not include stockpile storage of organic
fertilizer (animal manure or sludge).
"Land Use Plan". See "Comprehensive plan."
"Laundromat" means an establishment providing washing,
drying, ironing or dry cleaning machines for hire to be used by customers on the
premises.
"Light Trespass" means any form of artificial illuminance emanating from a light
fixture or illuminated sign that penetrates other property and creates a
nuisance.
"Line, Center". See "Street, center line of."
"Line, Front Lot" means the line separating
such lot, parcel or tract from any public street right-of-way.
"Line, Lot" means the perimeter or outer boundary
of a lot, parcel or tract.
"Line, Property" means the boundary of any
lot, parcel or tract as the same is described in the conveyance to the owner,
and shall not include the streets or alleys upon which the lot, parcel or tract
may abut.
"Line, Rear Lot" means the line, which is
opposite and most distant from a front line or, on an irregular or triangular
lot, a line at least ten (10) feet long entirely within the lot, parallel to and
furthest distance from the front lot line.
"Line, Side Lot" means a line connecting a
front lot line with a rear lot line.
"Loading space" means a space within the main building or on
the same lot, parcel or tract providing for the standing, loading or unloading
of trucks and/or semi-trailers.
"Lodge" means a club.
"Lodger" means a person who rents a room
in a bed and breakfast for fewer than 30 consecutive days.
"Lodging House". See "House, lodging."
"Lot" means a distinct portion or plot of land in a recorded,
platted subdivision described and numbered or lettered as a lot on the recorded
plat of the subdivision. See also "Parcel" and "Tract."
"Lot Area" means the total horizontal area, expressed as
square footage or acreage, calculated within the interior boundary of a lot,
tract or parcel. Lot area shall not include land, which has been dedicated,
deeded or otherwise legally acquired as public right-of-way. Aliquot breakouts
of sections may be used to establish lot area for purposes of zoning compliance;
however, such descriptions may not include land, which has been dedicated,
deeded or acquired as public right-of-way.
"Lot, Corner" means a lot situated at the
junction of two or more streets.
"Lot coverage" means that portion of the lot, parcel or tract
shielded from the sky by building and/or structures.
"Lots, Feed" means any lot, tract or parcel of
ground upon which five or more head of feeder livestock are gathered, kept or
closely confined and especially fed for gain prior to sale or
slaughter.
"Lot, Flag" means a lot, the main use or building
area of which does not abut a public street, but is connected thereto by a
narrow strip of land which is a part of the lot.
"Lot, Interior." means a lot other than a corner
lot.
"Lot Line." See "Line, lot."
"Lot Line, Front." See "Line, front lot."
"Lot Line, Rear." See "Line, rear lot."
"Lot Line, Side." See "Line, side lot."
"Lot, Nonconforming." See "Parcel, nonconforming."
"Lot, Through" means an interior lot having
frontage upon two (2) parallel or nearly parallel streets.
"Lot width" means the distance between the side lot lines
measured at the required front building setback line or in the case of an
irregularly shaped lot the front building line.
"Luminare" means a complete lighting unit consisting of a lamp or lamps together with
the parts designed to distribute the light, to position and protect the lamps
and to connect the lamps to the power supply.
"Machine shop" means a structure containing machinery for the
manufacture, modification or repair of metal goods and equipment.
"Mainline, Railroad". See "Railroad, mainline."
"Manufacture" means the creation of a finished or
semi-finished product.
"Masonry or equal" means eight (8) inches or more of exterior
masonry material or exterior material equivalent in fire retardant
characteristics.
"Master plan" means a land use map or plan which indicates
desired future physical development of Pueblo County or any portion or portions
thereof. It is a plan which encompasses all geographic parts of a community or
proposed division of land and all functional elements which relate to its
physical development such as: agricultural, residential, commercial and
industrial developments; thoroughfare systems; drainage; open spaces; etc. It is
a general plan that summarizes concepts and proposals and does not indicate
specific location or detail regulations. Master Plans should reflect general
concepts and land use proposals as recommended in the Pueblo Regional
Comprehensive Development Plan.
“Medical Marijuana” means marijuana that is grown and sold pursuant to the
provisions of these regulations; C.R.S. 12-43.3-101, et seq. and for a purpose
authorized by Section 14 of Article XVIII of the Constitution of the State of
Colorado.
“Medical Marijuana Center” means a person licensed pursuant to this Title and
pursuant to C.R.S. 12-43.3-101, et seq., to operate a business as described in
the Licensing Regulations and as is further described in C.R.S. 12-43.3-402 that
sells medical marijuana to registered patients or primary caregivers as defined
in Section 14 of Article XVIII of the Constitution of the State of Colorado, but
is not a primary caregiver.
“Medical Marijuana-Infused Product” means a product infused with medical
marijuana that is intended for use or consumption other than by smoking,
including, but not limited to edible products, ointments, and tinctures.
These products when manufactured or sold by a licensed medical marijuana center
or a medical marijuana-infused product manufacturer shall not be considered a
food or drug for the purposes of the Colorado Food and Drug Act; Part IV of
Article V of Title 25, C.R.S.
"Medical Marijuana-Infused Products Manufacturer” means a person licensed
pursuant to this Title and to C.R.S. 12-43.3-101, et seq. to operate a business
as described in the Licensing Regulations and as also described in C.R.S.
12-43.3-404.
“Medical Marijuana Optional Premises” means the premises specified in an
application for a medical marijuana center license with related growing
facilities in Pueblo County, Colorado, for which the licensee is authorized to
grow and cultivate marijuana for a purpose authorized by Section 14 of Article
XVIII of the Constitution of the State of Colorado.
“Medical Marijuana Optional Premises Cultivation Operation”
means a person
licensed pursuant to this Title and to C.R.S. 12-43.3-101, et seq. to operate a
business as described in the Licensing Regulations and as further described in
C.R.S. 12-43.3-403.
“Medical Marijuana Contiguous Optional Premises Cultivation Operation” means
a) a licensed Medical Marijuana Optional Premises Cultivation Operation located
in the B-4, Community Business Zone District within the same building, or in
another building on the same parcel of land, or in a separate building located
on a separate but adjacent parcel of land which shares at least 50% of a common
lot line with the parcel upon which the licensed Medical Marijuana Center or the
licensed Medical Marijuana-Infused Products Manufacturer is located, OR
b) a licensed Medical Marijuana Optional Premises Cultivation Operation located
in the I-1, Special Industrial Zone District within the same building, or in
another building on the same parcel of land, or in a separate building located
on a separate but adjacent parcel of land which shares at least 50% of a common
lot line with the parcel upon which the licensed Medical Marijuana-Infused
Products Manufacturer is located.
See “Medical Marijuana Optional Premises” and “Medical Marijuana Optional
Premises Cultivation Operation”.
“Medical Marijuana Non-Contiguous Optional Premises Cultivation Operation”
means
a licensed Medical Marijuana Optional Premises Cultivation Operation located in
the A-1/A-2, Agricultural Zone Districts in a building, greenhouse, or outside
cultivation and in the I-1, Special Industrial Zone District in a building or
greenhouse that is an affiliated License with a licensed Medical Marijuana
Center or licensed Medical Marijuana-Infused Products Manufacturer that is NOT
within the definition of a Medical Marijuana Contiguous Optional Premises
Cultivation Operation.
See “Medical Marijuana Optional Premises” and “Medical Marijuana Optional
Premises Cultivation Operation”.
"Mineral Deposit, Commercial"
means a natural mineral deposit of limestone used for construction purposes,
coal, sand, gravel and quarry aggregate, for which extraction by an extractor is
or will be commercially feasible and regarding which it can be demonstrated by
geologic, mineralogical or other scientific data that such deposit has
significant economic or strategic value to the area, State or nation.
"Mineral and natural resource extraction" means the physical
withdrawal of minerals and natural resources.
"Mineral processing plant" means facilities for the
manufacture or reduction of minerals.
"Mini-warehouse" means a building or portion thereof
dividable into separate compartments, which are individually rented or leased
for the purpose of storing the renter’s or lease holder’s property.
Goods stored within the warehouse shall not be offered or displayed for sale at
the warehouse. Accessory uses may include the exterior storage of camping
trailers, motorized homes, boats, etc., in areas designated for such
storage.
"Mobile home" means a detached, single-family housing unit
that may not meet the definition of "residence" set forth herein, and which has
all of the following characteristics:
1. Designed for a long-term occupancy and containing sleeping
accommodations, a flush toilet, a tub or shower bath, and kitchen facilities,
and which has plumbing and electrical connections provided for attachment to
outside systems;
2. Designed to be transported after fabrication, on its own
wheels, or on flatbed or other trailers or on detachable wheels;
3. Arrives at the site where it is to be occupied as a
complete unit and is ready for occupancy except for minor and incidental
unpacking and assembly operations, location on foundation supports or jacks,
underpinned, connections to utilities and the like;
4. Exceeding either eight (8) feet in width and thirty-two (32)
feet in length, excluding towing gear and bumpers;
5. Is without motive power; and
6. Is certified pursuant to the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et. seq.,
as amended, and all regulations enacted pursuant thereto, including any local
modifications as are expressly allowed by federal law.
"Mobile home lot" means a unit of ground for the placing of a
mobile home.
"Mobile home park" means an area under single ownership of at
least five acres of land which has been so designated and improved, and contains
twenty (20) or more mobile home spaces available to the general public for
placement thereon of mobile homes for occupancy.
"Mobile home park support facilities" means supportive
facilities (e.g., swimming pool, club house, sauna, laundry room, restroom,
recreational vehicle storage areas, and common open space) which supplement the
recreational or service needs of the mobile home park residents, but are not
available for use by the general public.
"Mobile home space" means a unit of ground located in an
approved mobile home park, which is owned by the park owner, but rented to the
mobile home owner for placing of a mobile home.
"Mobile home subdivision" means a tract of land subdivided
into not less than twenty (20) mobile home lots, which has been designed and
improved in its entirety in accordance with the County of Pueblo Subdivision
Regulations and Zoning Resolution where mobile homes can be located on
individually platted and owned lots for long-term occupancy purposes.
"Motel" means a building or group of buildings containing
guest rooms, usually with access directly from a parking lot.
Motor vehicle" includes an automobile,
automobile truck, automobile wagon, motorcycle, or any other self-propelled
vehicle designed for running on land but not on rails.
"Museum" means a building or structure for the display of
natural, scientific, literary or artistic objects of general historic or other
special interest.
"Nonconforming Building". See "Structure,
nonconforming".
"Nonconforming Lot". See "Parcel, nonconforming".
"Nonconforming Parcel". See "Parcel, nonconforming".
"Nonconforming Structure". See "Structure,
nonconforming".
"Nonconforming Use". See "Use, nonconforming".
"Nursery" means an area where trees, shrubs or plants are
grown for transplanting or for use as stocks for budding and grafting. This
activity shall be considered an activity of farming and ranching.
"Nursery School". See "Educational institution."
"Nursing home" means an establishment which maintains and
operates continuous day and night facilities providing room and board, personal
services, and nursing care (not hospital care) for two (2) or more persons not
related to the proprietor who by reason of illness or infirmity are unable to
care properly for themselves.
"Occupancy" means the use of land and/or building or portions
thereof.
"Office" means a place, such as a building, room or suite, in
which services, clerical work or professional duties are carried out.
"Open" means not roofed.
"Outdoor theater" means an outdoor structure for the
presentation of plays, motion pictures, or other dramatic or comedy
performances.
"Owner" means any person who, alone or jointly or severally
with others, shall have legal title to any land or structure, or contract of
purchase, with or without accompanying actual possession thereof; or shall have
charge, care or control of any land or structure as owner or agent of the owner;
or as executor, administrator, conservator, trustee or guardian of the estate of
the owner. Any such person thus representing the actual owner shall be bound to
comply with the provisions of this division and of rules and regulations adopted
pursuant thereto, to the same extent as if he or she were the owner.
"Parapet wall" means a low wall extending above a
roof.
"Parcel" means a lot or tract, or contiguous groups or
portions of such lots and/or tracts shown on the assessor’s roll of Pueblo
County, or a contiguous area of land under legal control of any one person,
partnership, firm, corporation, syndicate, agency or institution. See also "Lot"
and "Tract."
"Parcel, Nonconforming" means a parcel
which lawfully existed at the time the resolution codified in this division or
any amendment hereto became effective, but which does not now conform to the
regulations applicable in the zone district in which it is located.
"Parking" means the assembling or standing of motor vehicles
for relatively temporary periods of time.
"Parking, Commercial" means parking lots
or structures open to the public and operated for a profit.
"Parking, Community" means parking lots or
structures not open to the public, but shared by several persons not residents
on the premises.
"Parking lot" means a lot, parcel or tract for the parking of
motor vehicles.
"Parking, Off-Street" means parking of
motor vehicles off the public rights-of-way.
"Parking, Private" means the parking of
motor vehicles belonging to residents on the premises. (See "Accessory
Use").
"Parking space" means the area required by the provisions of
this division for the parking of one motor vehicle.
"Parking structure" means a garage, carport or other
structure for the parking of motor vehicles.
"Patio" means an outdoor living area usually hard surfaced
and frequently fenced or covered.
"Permanent" means continuing or enduring in the same state,
place, or the like without marked change.
"Permanent occupancy" means the use of land and/or structures
or portions thereof for a period of thirty (30) consecutive days or
longer.
"Person" means firms, corporations, associations,
partnerships, societies and/or individuals.
"Pet" means a domestic animal kept for pleasure
rather than utility. The keeping of pets shall be considered as an accessory
use in residential and agricultural zone districts. If such animal is raised for the purpose of sale and/or
food, it shall be conclusively presumed not to be a pet. For the purposes of
this resolution,
hogs, pigs, swine, sheep, horses, cattle, emus, rheas, ostriches, llamas,
pea fowl, guinea hens or goats may be kept upon land zoned for agricultural
use, as an activity of farming or ranching. Not more than one (1)
domesticated pot-bellied pig, as herein defined, may be kept or maintained
as a pet. It is prohibited to keep or maintain in the County any wild
animals, poisonous snakes, or constricting snakes over four feet in length.
"Pharmacy" means a building or a part of a building used
exclusively for the compounding and/or dispensing of medicines.
"Photometry" means the quantitative measurement of light level and distribution.
"Porch" means a roofed or unroofed unenclosed portion of a
building projecting from the front, side or rear wall of the building.
"Premises" means the central, actual physical location where
an activity is routinely conducted. The premises include the primary structures,
parking facilities, and private roadway if they are necessary to the principal
activity.
"Professional office" means an office for professions, such
as physicians, dentists, lawyers, architects, engineers, artists, musicians,
designers, teachers, realtors, accountants, and others who through training are
qualified to perform services of a professional nature, and where limited
storage or sale of merchandise exists.
"Property Line". See "Line, property."
"Public hearing" means a meeting called by a public body for
which public notice has been given and which is held in a place in which the
general public may attend to hear issues and express their opinions.
"Publishing companies" means facilities for the preparation
and issuance of printed material for public distribution or sale. This term
shall include facilities for newspaper printing, job printing, and
lithographing.
"Pueblo region" means an area in Pueblo County, Colorado,
defined by resolutions of the Board of County Commissioners of Pueblo County and
the City Council of the City of Pueblo, Colorado.
"Race track" means a course on which races are run.
"Ranch, Guest (Dude Ranch)" means a
destination resort offering overnight accommodations and activities typical of
Western ranches.
"Railroad mainline" means a railroad track handling
long-distance, through traffic.
"Recreation camps" mean a place used for vacationing or
other recreational purposes consisting of permanent structures, which may
contain cooking facilities, and used for temporary occupancy. This term shall
not be interpreted to include hotels, motels, restaurants, theaters, or trailer
camps (recreational vehicle park).
"Recreation vehicle" 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 on or drawn by another
vehicle. The basic entities are: travel trailer, camping trailer, truck camper,
and motor home.
"Recreational vehicle park" means a parcel of land upon which
two or more recreational vehicle sites are located, established or maintained
for occupancy by recreational vehicles of the general public as temporary living
quarters for recreation or vacation purposes.
"Recreational vehicle site" means a plot of ground within a
recreational vehicle park intended for the accommodation of either a
recreational vehicle, tent or other individual camping unit on a temporary
basis.
"Recycling collection center"
means a drop-off facility accepting recyclable waste material from normal
household operations. The recyclable material is limited to aluminum,
glass, plastic, paper, and paper products that are intended for recycling.
Recyclable materials do not include junk, refuse, electronics, or hazardous
materials. The facility shall not involve on site processing of the
recyclable materials. No commercial recyclers (i.e., waste disposal
companies or the like) shall be permitted to utilize the facility for drop
off of recyclable materials.
"Residence" means any room or group of rooms forming a single
habitable unit with facilities which are used or intended to be used by one
family and/or their resident domestic servants for its living, sleeping, cooking
and eating needs. The width of any projected view of any exterior wall elevation
of a residence shall not be less than twenty (20) feet.
The term "Residence" shall include a manufactured home
which:
1. Is partially or entirely manufactured in a
factory;
2. Is not less than twenty-four (24) feet in width and
thirty-six (36) feet in length;
3. Is installed on an engineered permanent
foundation;
4. Has brick, wood or cosmetically equivalent exterior siding
on all exterior walls which provides a consistent, continuous facade from the
bottom of the soffit (top of wall section) downward to the top of the exposed
perimeter wall, foundation, or to grade, whichever is applicable; and has a
pitched roof;
5. Is certified pursuant to the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et. seq.,
as amended, and all regulations enacted thereto, including any local
modifications as are expressly allowed by Federal law, or which has been
certified by the State of Colorado as being in compliance with the requirements
of the Uniform Building Code as adopted by the State of Colorado and as is
enforced and administered by the Colorado Division of Housing.
The term "residence" shall also include conventional
stick-built housing, but shall not include mobile homes as defined
herein.
"Residence-commercial" means the combination of both
commercial and residential uses on the same lot or in the same structure. The
commercial uses are restricted to those permitted in the district. The number of
residential units is restricted to not more than the number permitted in the
district.
"Retail" means sale to the ultimate consumer for direct
consumption and/or use and not for resale.
"Riding academy stables" means a facility providing for the
rental of horses and accessories to such does not include rodeo grounds or the
keeping of horses for personal use.
"Right-of-Way, Public" means all
streets, roadways, sidewalks, alleys, and all other areas reserved for present
or future use by the public, as a matter or right, for the purpose of vehicular
or pedestrian travel.
"Road maintained" means a public road that has been accepted
by a governmental agency for maintenance.
"Road, Private" means a right-of-way or
easement for purposes of access which is in private ownership and which has not
been dedicated to or accepted for maintenance by a public entity.
"Roadside sale stand (retail agricultural products)" means a
structure and/or area for the display and retail sale of agricultural products.
Agricultural products are those sold with the intent of human consumption as
food. This definition also includes the retail sale of ornamental bulbs and
bedding plants. Normal and incidental accessory uses for those agricultural
products for sale at a roadside sale stand are: packaging, sorting, cleaning,
drying, roasting and popcorn popping.
"Rooming House". See "House, rooming or boarding."
"Rotorcraft" means any aircraft deriving its principal lift
or support in the air from one or more rotors or from the vertical component of
the force produced by rotating airfoils.
"Row House". See "House, row."
"Runway" means the hard surface of the airport landing area
used primarily for the landing and take off of aircraft.
1. "Instrument runway" means a runway equipped or to be
equipped with a precision electronic navigation aid or other landing aids or
other air navigational facilities suitable to permit the landing of aircraft by
any instrument approach under restricted visibility conditions.
2. "Non-instrument runway" means a runway other than an
instrument runway.
"Saddle shop" means a shop for the
repair and sale of saddles and tack items (bridle and halter) for use on a
horse, and the sale of incidental horse apparel and horse care products.
"Sanitarium". See "Hospital."
"Salvage Yard". See "Junk yard."
"Sawmill" means a mill or machine for sawing logs.
"Secretary" means the secretary to the Planning Commission or
the Zoning Board of Appeals, or may be a designated employee.
"Self-service laundry". See "Laundromat."
"Semi-Attached Building". See "Building,
semi-attached."
"Setback" means the distance from the lot line to any
building or structure on the lot.
"Sexual encounter establishment" means a business
establishment which, as one of its primary business purposes, offers for any
form of consideration, a place where two or more persons may congregate,
associate or consort for the purpose of specified sexual activities or the
exposure of specified anatomical areas, when one or more of the persons
exposes any specified anatomical area.
"Shielding" means a technique or method of construction which causes all the light
emitted from an outdoor light fixture to be projected below a horizontal plane
passing through the fixture.
"Shooting Range, indoor" means a
facility designed or used for shooting at targets with rifles, pistols, or
shotguns and which is completely enclosed within a building or structure.
"Shooting Range, outdoor" means the use
of land for archery and/or the discharging of firearms for the purposes of
target practice, skeet and trap shooting, and temporary competitions, such
as turkey shoots. Excluded from this use type shall be general hunting
and unstructured and non-recurring discharging of firearms on private
property.
"Sight-distance triangle" means a pentahedron shaped area at
the intersection of two or more streets in which the unregulated placement of
structures and improvements could reduce the visibility of motor vehicle
operators and create a hazardous condition. The base of the pentahedron is a
triangle, having angle points "a," "b," and "c" determined as follows: point "a"
is the intersection of the existing curb or asphalt lines (extended), points "b"
and "c" are points along the existing curb or asphalt lines measured back from
point "a" a distance(s) determined by the Road and Bridge Department. The three
sides of the pentahedron are perpendicular to the base and begin a distance of
two (2) feet above the centerline grades of the intersecting streets, and extend to
a height of eight (8) feet above the centerline grade.
"Sign" means an advertising device.
"Sign, Animated" means a sign having regular
variation in its physical position by mechanical movement or mechanical
rotation.
"Sign area" means the total area enclosed by the shortest
single line that can be drawn around the entire sign, excluding structural
supports. Each display face of a sign shall be measured separately in computing
total sign area.
"Sign, Chasing" means a sign having a change in
its visible advertisement by rotation or by the sequential presentation of words
and/or phrases.
"Sign, Development" means a temporary sign
which is established to inform the public of: (1) construction or rehabilitation
occurring on the premises; or (2) identify model homes which represent
residential structures which are being offered for construction in the
subdivision or development.
"Sign, Face" means that portion of the sign
visible to the public right-of-way for the purpose of advertising.
"Sign, Flashing" means any illuminated sign on
which the artificial light or lights are not maintained in a satisfactory
condition or not constant in intensity and color at all times when such sign is
illuminated. A sign whereon the time and/or temperature is indicated by
intermittent lighting shall not be deemed to be a flashing sign if the lighting
changes are limited to the numerals indicating the time and/or
temperature.
"Sign, Fluttering" means a sign, including
"wind sign," having irregular variation in its physical position by non-mechanical movement (e.g., wind). Fluttering signs, unless otherwise exempted
by this division (e.g., national and state flags), are devices such as spinners,
wind cups, streamers, pennants and flags.
"Sign, Free Standing" means a sign, which
is supported by one or more uprights, poles or braces in or upon the ground; or
a portable sign; or a sign, which by its configuration stands freely without
support from a primary or accessory structure.
"Sign, Gateway" means a sign, which is
established to denote entrance into a predominately residential
neighborhood.
"Sign, Illuminated" means a sign which is
directly lighted by any electrical light source, internal or external, except
public light sources (e.g., street lights) and private light sources operated
for the purpose of illuminating an area (e.g., parking lot) in which the sign is
located.
"Sign, Projecting" means a sign which is
attached directly to the building wall and which extends more than fifteen (15)
inches from the face of the wall.
"Sign, Roof" means a sign erected upon or above a
roof or parapet wall or a building or structure.
"Sign, Wall" means a sign painted on, attached to,
or erected against the wall of a building or structure, with the exposed face of
the sign in a plane parallel to the plane of said wall and extending not more
than fifteen (15) inches from the face of the wall.
"Solid wastes" mean garbage, refuse, sludge of sewage
disposal plants, and other discarded solid materials, including solid waste
materials resulting from industrial, commercial and community activities, but
does not include agricultural wastes.
"Solid waste disposal" means the collection, storage,
treatment, utilization, processing or final disposal of solid wastes.
"Solid waste disposal site and facility" means the location
and facility at which the deposit and final treatment of solid wastes occur but
does not include those sites where selected biologically and chemically stable
materials such as concrete, mortar, bricks and asphalt are being used as a
substitute for natural rock in land leveling and filling operations.
"Solid waste transfer station" means a facility at which
refuse awaiting transportation to a disposal site is transferred from one type
of collecting vehicle and placed into another.
"Specialized group facilities" means a
residential structure, established and supervised by the Pueblo County
Department of Social Services or a licensed child placement agency, which
provides 24-hour care for five (5) to twelve (12) children from the ages of
three (3) years old to eighteen (18) years old and those persons twenty-one
(21) years old who are placed by court order prior to their eighteenth
birthday whose special needs may be met through the medium of the small
group. Children in care are from different family households and are not
related to the caregiver. Caregivers are required to be licensed by the
State of Colorado and/or the Pueblo County Department of Social Services.
The definition of "Specialized Group Facilities" includes a "Specialized
Group Home" and a "Specialized Group Center" as defined by the State of
Colorado, Department of Human Services, Division of Child Care.
"Specified Anatomical Areas" are defined as:
1. Less than completely and opaquely covered: human
genitals or pubic region or buttocks or female breast below a point above
the top of the areola.
2. Human male genitals in a discernibly turgid state
even if completely and opaquely covered.
"Specified sexual activities" mean acts, simulated
acts, exhibitions, representations, depictions or descriptions through any
medium of:
1. Human genitals in a state of sexual stimulation or
arousal.
2. Fondling or other erotic touching of human
genitals, pubic region, buttocks or female breast.
3. Intrusion, however slight, of any object, any part
of an animal's body, or any part of a person's body into the genital or anal
openings of any person's body or into the body of an animal.
"Sports complex" means a complex that
allows for multiple indoor and outdoor recreational uses. These uses
include sand volleyball courts, softball/baseball fields, batting cages,
driving range, video arcade, snack bar, and restaurant/lounge.
"Spotlight or Floodlight" means any lamp that incorporates a reflector or a refractor
to concentrate the light output into a directed beam in a particular direction.
"Stable" means a building for the purpose of housing and
feeding of horses and for the storage of equipment relating to the care,
maintenance and operation of the horses.
1. Commercial: any stable where horses are boarded for
remuneration and/or where horses are kept for sale or hire.
2. Private: any stable where horses are boarded and owned by
the occupants of the premises and are not kept for remuneration, sale or
hire.
"Storage" means the act of stocking or supplying a product
reserved for future use.
"Street" means a way for vehicular and/or pedestrian traffic,
whether designated as a street, highway, thoroughfare, parkway, throughway,
road, avenue, boulevard, lane, place, mall or otherwise.
"Street, Center Line of" means the
true center line of a dedicated public right-of-way as determined by the
Commissioner of Roads. Where such public right-of-way is curved, offset, angular
or any other question arises, the Commissioner of Roads shall determine the
alignment of the center line.
"Street, Private" means a right-of-way or
easement in private ownership, not dedicated or maintained as a public street
which affords the principal means of access to one or more lots and not
maintained by Pueblo County.
"Street, Right-of-Way". See "Right-of-way, public."
"Street width" means the horizontal distance between
right-of-way lines.
"Structural alteration" means any change in the supporting
members of a building such as bearing walls, columns, beams or
girders.
"Structure" means anything constructed or erected and having
a permanent location on the ground. (Does not include fences.)
"Structure, Nonconforming" means a
building or structure, or portion thereof, lawfully existing at the time this
resolution or any amendment hereto became effective, that does not conform to
all regulations applicable in the zone district in which it is located. If a
structure is made to be nonconforming by the actions of a local, State or
Federal agency, then such structure shall not be considered to be a
nonconforming structure.
"Structure, Permitted" means a structure
meeting all the requirements established by these zoning regulations for the
district in which the structure is located.
"Structure, Principal". See "Building, principal and/or
main."
"Studio" means a place, where an art is taught or studied; an
artist’s or photographer’s establishment.
"Subdivision" means a division, subdivision or resubdivision
of a lot, tract or parcel of land into two or more lots, tracts or parcels of
land.
"Temporary" means use of land and/or structure or portion
thereof which continues for a period of less than thirty (30) consecutive
days.
"Terrace" means a raised level or platform of earth surfaced
or unsurfaced supported on one or more faces by a wall, a bank, turf or the
like.
"Tourist Court". See "Motel."
"Tourist Home". See "Motel" or "Hotel."
"Tract" means an area, parcel, site,
piece of land, or property that is the subject of a development proposal and
applications.
"Trailer sales or manufacturing" means the sale or
manufacturing of mobile homes or travel trailers.
"Travel trailer" means a temporary portable housing unit on
wheels that is eight (8) feet or less in width and thirty-two (32) feet or less in
length, excluding towing gear and bumpers which is designed for short-term
occupancy while being used for travel, recreation and vacation.
"Trailer Park". See "Mobile home park."
"Unenclosed" means may be roofed, but may not be enclosed on
more than two sides by walls or fences. See "Enclosed."
"Uplighting" means any light source that distributes illumination above a 90-degree
horizontal plane.
"Use" means any activity taking place upon land and/or in
structures.
"Use by Review". See "Use, special."
"Use by right" means a use which may be permitted in a zone
district upon issuance of a permit by the County Zoning Administrator.
"Use, Nonconforming" means a use, which
lawfully occupied a building or land at the time this resolution or an amendment
hereto, became effective and which does not now conform with the use regulations
applicable in the zone district in which it is located. Notwithstanding the
foregoing, those existing uses which formerly were uses by right in a
particular zone district, but which under current use regulations would now
require favorable action by the Planning Commission in the form of a special
use permit, shall not be
considered nonconforming uses. However, any expansion of such use onto
contiguous or adjacent parcels shall, for the expanded portion thereof, be
required to obtain a special use permit and shall conform in other respects
to the development standards, if any, for that particular zone district.
"Use, Principal". "Principal use" means any use listed as a use
by right.
"Use, Special" means a use which may be
permitted in a zone district upon favorable action by the Planning
Commission.
"Variance" means a relaxation of the terms of the zoning
resolution where such relaxation will not be contrary to the public interest or
the INTENT AND PURPOSE of said resolution and where, owing to conditions
peculiar to the property and not the result of the actions of the applicant, a
literal enforcement of the zoning resolution would result in unnecessary and
undue hardship, and the condition or situation is not of so general or recurrent
a nature as to make reasonable and practicable the formulation of an amendment
containing a general regulation for such condition or situation.
"Vehicle" means a device that is required to be licensed or
registered, or is used to carry persons or goods from one place to another, and
which is self-propelled or designed to be transported from one place to another
upon wheels or endless tracks.
"Vehicle, Residential Accessory" means an automobile or other vehicle parked upon private property or
public right-of-way, where a residence or mobile home has been legally
constructed as a principal structure in a residential or agricultural zone
district, subject to such standards and limitations set forth herein. The
occupant of a residence or mobile home shall be the owner or operator of the
vehicle. Junked vehicles and vehicles required to be licensed by the Colorado
Public Utilities Commission shall not be considered residential accessory
vehicles. This definition does not permit the use of the property as a depot,
fleet maintenance, or storage yard for vehicles. For the purpose of this
definition, residential accessory vehicles are as follows:
1. "Authorized emergency vehicle" means such vehicles of a
fire department, police department, ambulance company, and other emergency
service providers which are publicly owned and operated by or for a governmental
agency to protect and preserve life and property in accordance with state law
regulating emergency vehicles. This term also means privately owned vehicles
which are designated by the State Motor Vehicle Department to be necessary to
preserve life or property, and are equipped to be operated as emergency vehicles
in the manner prescribed by law.
2. "Automobile" means a conventional automobile. This
definition does not include automobiles offered for hire as a common carrier,
such as taxicabs and limousine service automobiles.
3. "Farm vehicle" means a vehicle customarily used in farming
and ranching, such as truck, tractor and implements of husbandry, when the
property is principally used for farming or ranching and the vehicle is
principally used in conjunction with the property.
4. "Motorcycle". Motorcycles and motorized bicycles are
permitted.
5. "Recreation vehicle" means a vehicular type unit designed
as temporary living quarters for recreation or camping which may be mounted on
or drawn by another vehicle, such as travel trailer, camping trailer, truck
camper, and motor home. Recreational vehicles, which are residential accessory
vehicles, shall also include boats, boat trailers, and snowmobiles. Recreational
vehicle shall not be parked on any public right-of-way. Recreational vehicles
shall be so parked on private property to not impede the visibility of
pedestrian or vehicular traffic. No recreational vehicle shall be used as a
dwelling or residence on a permanent basis when parked at a residence or
mobile home.
6. "School bus" means a vehicle parked in the A-1 through A-4
zone districts which is solely used to transport students and which is owned and
operated by a public or private school district, provided neither maintenance
nor repairs are performed on the bus at such property. School buses shall not be
parked on any public right-of-way. School buses shall be so parked on private
property to not impede the visibility of pedestrian or vehicular traffic. This
definition does not include preschool, church and Sunday school, and camp buses.
A school bus is not a residential accessory vehicle in the R-A and R-1 through
R-8 zone districts.
7. "Truck and van" means a vehicle whose manufacturer’s
rated chassis or carrying capacity is one ton or less. This definition does not
preclude temporary parking during the loading or unloading of any truck or van,
or while being used for onsite construction work.
"Visible" means capable of being seen, whether or not
legible, without visual aid by a person of normal acuity.
"Wall" means an obscuring structure constructed of masonry,
brick, concrete, metal, wood or similar materials that prevents the passage of
light, air and vision.
"Warehouse" means a building or portion thereof used and
appropriated by the occupant: (1) for the deposit and safekeeping or selling of
his or her own goods at wholesale or by mail order; or (2) not for the deposit
and safekeeping or selling of his or her own goods but for the purpose of
storing the goods of others placed there in the regular course of commercial
dealing and trade, to be again removed or reshipped.
"Wholesale" means sale for resale, not for direct
consumption.
"Wild Animal" shall mean any
species of animal which exists in a natural unconfined state and is not
commonly domesticated or suitable for domestication. The term specifically
includes, without limitation, all species of poisonous reptiles, lizards
belonging to the family Varanidae and crocodilians.
"Winery" means an agricultural
processing plant used for the commercial purpose of processing grapes, other
fruit products, or vegetables to produce wine. Processing includes
crushing, fermenting, blending, aging, storage, bottling, administrative
office functions for the winery, and warehousing. Retail sales and
tasting facilities of wine and related promotional items may be permitted as
part of the winery operations.
"Wrecking Yard". See "Junk yard."
"Yard" means an existing or required space not occupied or
not to be occupied by a principal use or building on the same lot, parcel or
tract with a principal use or building.
"Yard, Front" means a yard extending the full
width of the lot and situated between the street line and the required front
setback line.
"Yard, Rear" means a yard extending the full width
of the lot and situated between the rear line of the lot and the required rear
setback line.
"Yard, Side" means a yard extending between the
required side setback line and the adjacent side line of the lot and extending
from the required front setback line to the required rear setback
line.
"Zone District". See "District, zone".