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Article 4. Definitions
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The words and phrases used in this chapter shall have the meanings defined below:

“Accessory structure” means a building or structure which is clearly incidental, customary or subordinate to the principal structure on the lot.

“Accessory use” means a use incidental, customary and subordinate to the principal use of the lot, structure or building and on the same lot.

“Animal hospital, large” means any facility which is maintained by or for the use of a licensed veterinarian in the diagnosis, treatment or prevention of animal diseases wherein the animals treated include cattle, horses, pigs, goats, sheep, swine and any other farm animals. Accessory uses may include the confinement of animals for medical reasons, grooming and destruction.

“Animal hospital, small” means any facility which is maintained by or for the use of a licensed veterinarian in the diagnosis, treatment or prevention of animal diseases wherein the animals are limited to dogs, cats or other comparable household pets. Accessory uses may include the confinement of animals for medical reasons, grooming and destruction.

“Assembly” (as in manufacturing) means the creation of a distinct product from the physical, as opposed to chemical, mating or joining of individual standard component parts.

“Assisted living facility” means a residential facility that provides meals and assistance with daily activities, such as dressing, grooming, and bathing, for the elderly or adults who are unable to manage these activities themselves.

“Automobile wrecking” means a building, structure, parcel of land or portion thereof, where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition.

“Bar/tavern” means an eating/drinking establishment providing or dispensing by the drink for on-site consumption fermented malt beverages and/or malt, special malt, vinous or spirituous liquors, and in which the sale of food products, such as sandwiches and light snacks, is secondary (also known as a tavern). A bar/tavern may include provision of live entertainment and/or dancing; however, a bar/tavern shall not include any sexually-oriented business use.

“Bed and breakfast accommodation” means an owner-occupied single-family dwelling where up to a maximum of five (5) rooms may be rented for overnight lodging. The five (5) lodging rooms may be in addition to bedrooms used by a resident family.

“Building height” means the vertical distance above average existing grade measured to the highest point of the building. The height of a stepped or terraced building is the maximum height of any segment of the building. All building heights shall be measured as prescribed in the building code, as adopted by the Town of Parachute.

“Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes. A cemetery may include a funeral home or mortuary or a columbarium, but shall not include a crematory.

“Commercial parking garage” means a structure used for the parking of motor vehicles and open to the general public for a fee.

“Commercial parking lot” means an off-street, ground level area, surfaced and improved, for the temporary storage of motor vehicles and open to the general public for a fee.

“Contractor’s office” means a mobile trailer or any temporary structure used by a construction contractor for headquarter purposes during construction of a subdivision or structure.

“Day care center, adult” means a facility, whether nonprofit or for-profit, that provides care, protection and supervision for eight (8) or more adults on a regular basis away from their primary residence for less than twenty-four (24) hours per day.

“Day care center, child” means an institutional facility, by whatever name known, which is maintained for the whole or part of a day for the care of six (6) or more children under the age of eighteen (18) years who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as day care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, centers for developmentally disabled children and those facilities which give twenty-four (24) hour-per-day care for dependent and neglected children, but specifically excludes any home day care as defined below. Child day care centers are also those facilities for children under the age of six (6) years with stated educational purposes which are operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of at least five (5) grades.

“Development, commercial” means any premises that is devoted to any commercial purpose or public, governmental or nonprofit purpose not included within the more specific definitions set forth herein.

“Development, industrial” means any premises devoted primarily to manufacturing, processing, assembly or storage of tangible personal property, warehouses, distribution and wholesale uses, utility service facilities, and other accessory buildings reasonably required for maintenance or security of the above uses.

“Drive-in facility” (also known as a drive-up or drive-through facility) means an establishment that, by design, physical facilities, service or packaging procedures, encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles.

“Fabrication” means the creation of a product from a change in the physical shape of matter; the final step in utilization of a natural resource, such as wood and metal working operations.

“Family” means an individual living alone, or either of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities:

1. Any number of persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship unless such number is otherwise specifically limited in this title; or

2. Any unrelated group of persons consisting of:

a. Not more than four (4) persons; or

b. Not more than two (2) unrelated adults and their related children, if any.

3. A family shall not include more than one (1) person required to register as a sex offender pursuant to CRS 18-3-412.5, as amended, unless related by blood, marriage or adoption.

“Farmers and artisans market” means a temporary retail sales operation where farmers, local growers, producers, ranchers and artisans can sell their produce and products directly to the public. These items may include, but are not limited to: wool, wool products, natural fibers and products from natural fibers, fleece, flowers, herbs, fruits, vegetables, meats, dairy, honey, cheese, beverages, paintings, ceramics and arts and crafts. Farmers and artisans markets may include related events, such as farm and fiber animals for exhibition and/or demonstration. Fiber animals may include rabbits, goats, sheep, alpaca, llamas and yaks. Food and beverages may be sold for the purpose of serving the public attending the market.

“Financial services” means establishments that provide retail banking services, mortgage lending and similar financial services to individuals and businesses. This classification includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities, but shall not include bail bond brokers. This classification also includes automated teller machines (ATMs) located within a fully enclosed space or building, or along an exterior building wall intended to serve walk-up customers only.

“Floor area ratio” means the relationship of floor area to total lot area expressed as an arithmetic ratio.

“Food truck” means a licensed, motorized vehicle or mobile food unit which is temporarily stored on a privately-owned lot where food items are sold to the general public.

“Funeral home” or “mortuary” means an establishment in which dead bodies are prepared for burial or cremation and in which wakes and funerals may be held. Funeral home or mortuary does not include a crematory.

“Height” means the vertical distance from the average of the finished ground level at the center of all walls of a building to the highest point of the roof surface, exclusive of chimneys, ventilators, pipes and similar apparatus.

“Heliport” means an area provided for the landing or taking off of a helicopter.

“Hospital” means a facility which makes available more than one (1) of the following; medical, surgical, psychiatric, chiropractic, maternity, tuberculosis, and nursing services. The facility shall be licensed by the state of Colorado Public Health and Environment Department as a hospital.

“Hotel” or “motel” means a building occupied as the temporary abiding place of individuals who are lodged with or without meals for compensation, with rooms usually occupied singly, and no provisions made for cooking in any individual room.

“Indoor recreation facility” means a recreation facility designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreation activities which is operated within a building as a business and open to the general public for a fee. Gaming or gambling establishments are not considered indoor recreation facilities.

“Kennel” means housing for dogs, cats or other pets for breeding, boarding or grooming purposes. This definition applies to all facilities maintaining space for three (3) or more animals of the same species over the age of six (6) months.

“Legislative zoning” means a rezoning initiated by the Town that is prospective in nature and reflects public policy of a permanent or general character impacting the Town on a scale greater than at the individual property level. Legislative zoning affects a large number of properties and the proposed rezoning is not applicable to a specific individual or readily identifiable group only.

“Lot area” means the total horizontal area within the boundaries of a lot.

“Lot line” means the boundaries of a legally described land parcel.

“Lot width” means the distance between side lot lines measured along the front yard setback line.

“Nonconforming structure” means a building or structure legally built prior to the effective date of this title or any amendment thereto, which does not conform with the regulations of the district in which it is located.

“Nonconforming use” means land or a building lawfully established prior to the effective date of this title or any amendment thereto, by a use which does not conform with the regulations of the district in which it is located.

“Nursing home” means a state-licensed group living facility regulated as a skilled nursing facility, as defined in § 25-1-107.5, C.R.S.

“Offices” means establishments providing executive, management, administrative or professional services, including medical or dental services, but not involving the sale of merchandise, except as incidental to a permitted use.

“Outdoor storage” means storage of materials, merchandise, stock, supplies, machines, operable vehicles, equipment, manufacturing materials or chattels of any nature that are not kept in a structure having at least four (4) walls and a roof, regardless of how long such materials are kept on the premises.

“Pawnshop” means a shop that lends money at interest in exchange for personal property deposited as security.

“Personal service establishments” means establishments primarily engaged in the provision of informational, instructional, personal improvement, personal care and similar services.

“Personal storage” or “mini-storage units” means multiple storage areas completely enclosed within a building, or series of buildings, in which flammable, toxic and hazardous liquids and chemicals are not allowed; and under a single ownership and does not allow individual offices within units.

“Principal use” means the purpose or function for which a lot, structure or building is intended, designed or constructed, or the activity which is carried on within said lot, structure or building; a noncommercial lot is restricted to one (1) principal use.

“Recreational vehicle” means a vehicle designed to provide living quarters and which is built into, as an integral part of, or as a permanent attachment to, a motor vehicle chassis or van, and shall not include trailers of any kind, but shall include a motor home. Recreational vehicle also means any travel trailer that is mounted on wheels and designed to be towed by a motorized vehicle, and contains windows and sleeping, cooking and heating equipment that were built in as an integral part of the original design and construction of the vehicle.

“Recycling facilities” means the collection of material for reuse such as aluminum cans, glass, paper, etc.

“Refuse collection facilities” means a site where the collection of discarded food waste, or any other unwanted or useless material, is disposed of by burying it in natural or excavated holes or depressions.

“Rental services” means a retail business that rents to the general public merchandise, such as furniture, appliances and similar goods that are housed inside a building.

“Research and development, general” includes research, development and testing laboratories that do not involve the mass manufacture, fabrication, processing or sale of products. Such uses shall not violate any odor, dust, smoke, gas, noise, radiation, vibration or similar pollution standard as specified herein.

“Restaurant” means an eating/drinking establishment where the principal business is the sale of food and beverages in a ready-to-consume state where fermented malt beverages, malt, special malt and vinous and spirituous liquors may be produced on the premises as an accessory use.

“Restaurant, fast food” means an eating/drinking establishment that may be either a freestanding operation, or a nonfreestanding operation incorporated into a building within which one (1) or more other compatible and complimentary uses exist, and whose principal business is the sale of pre-prepared or rapidly prepared food in a ready-to-consume state to the customer for consumption either within the restaurant building or for carry-out with consumption off the premises, and whose design or principal method of operation includes two (2) or more of the following characteristics:

1. The elimination, in whole or in part, of table service, thus requiring customers to place orders at the counter where the orders are filled;

2. The food is usually served in edible containers or in paper, plastic or other disposable containers;

3. The facilities for on-premises consumption of food are insufficient for the volume of food sold by the establishment;

4. The restaurant provides a drive-up facility for placing and receiving food orders.

“Retail business” means establishments that sell, lease or rent consumer, home and business goods, but excluding merchandise/retail uses classified or defined more specifically in this chapter (e.g., vehicle-related sales).

“Rooming and/or boarding house” means a structure used for dwelling purposes by persons who pay a fee for food and/or lodging services. This definition applies to those structures accommodating three (3) or more persons who pay for such services on a more or less permanent basis. A boarding, lodging or rooming house shall not include more than one (1) person required to register as a sex offender pursuant to § 18-3-412.5, C.R.S.

“Salvage” means any personal property which is or may be stored or accumulated, salvaged for resale, reduction or similar disposition, or which is possessed, transported, owned, collected, accumulated, dismantled or assorted for any of the aforesaid purposes. Without limiting the aforesaid definition of salvage, the term shall include used or salvaged iron, brass, lead, copper and other base metal or metals, and their compounds or combination, used or salvaged rope, lumber, appliances, brick, tile, plumbing fixtures, rags, glass, rubber and similar articles, and used motor vehicles or machinery used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.

“Salvage operation” means any outside area in the Town at which any person shall store or accumulate salvage as defined herein.

“Setback” means the required minimum distance between the lot line and the closest projection of a building or structure along a line at right angles to the lot line. Setbacks shall be unobstructed from the ground to the sky except as otherwise specifically allowed in this chapter.

1. Front setback. A setback that extends across the full width of a lot or site, the depth of which is the distance between the front lot or property line and the closest projection of a building or structure along a line at right angles to the front lot line, excluding allowable projections set forth in this chapter. Corner lots have two front setbacks (see definition of Yard).

2. Rear setback. A setback that extends across the full width of a lot or site, the depth of which is the distance between the rear lot line and the closest projection of a building or structure along a line at right angles to the rear lot line, excluding allowable projections set forth in this chapter.

3. Side setback. A setback on that portion of a lot that is not adjacent to a private or public street. It extends from the rear line of the required front setback, or the front property line of the site where no front setback is required, to the front line of the required rear setback, or the rear property line of the site where no rear setback is required, the width of which is the distance between the side lot or property line and a line parallel thereto on the site.

“Setback line” means the line that is the required minimum distance from any lot line and that establishes the area within which the principal structure must be erected or placed.

“Special event” means and includes:

1. Any organized event, specifically including, but not limited to, a circus, carnival, fair, party or celebration which reasonably may be expected to attract more than one hundred (100) persons at any one (1) time, or which otherwise may reasonably be expected to increase the risk of:

a. Damage to public or private property, beyond normal wear and tear;

b. Injury to persons;

c. Public or private disturbances or nuisances;

d. Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel;

e. Significant additional police, fire, trash removal, maintenance or other public services demands; or

f. Other significant adverse effects upon the public health, safety or welfare.

2. Exclusions. The term “special event” shall not include any event sponsored in whole or in part by the Town or another political subdivision of the state, or any organized activities conducted at sites or facilities typically intended and used for such activities. Examples of such exempt activities include, but are not necessarily limited to, sporting events such as golf, soccer, softball and baseball tournaments conducted on courses or fields intended and used for such activities; wedding services conducted at reception halls or similar facilities; funeral services conducted at funeral homes or cemeteries; religious services, wedding services and funeral services conducted at places of worship; or activities occurring within, or upon the grounds of, a private residence or upon the common areas of a multifamily residential development.

“Stable” means any structure used for sheltering livestock.

“Temporary use” means a land use that is only permitted for a specified period of time.

“Townhouse” means a dwelling type consisting of adjacent dwelling units sharing common side building walls with each dwelling unit located upon land owned by the owner of the dwelling unit.

“Trash transfer station or operation” means a facility or site at which the exchange or deposit of trash is made for ultimate transfer to a landfill.

“Utilities, major” include generating plants, electrical substations, switching buildings and water or wastewater treatment plants. “Major utility” also includes overhead electrical transmission lines and distribution feeder lines that collect and transmit over one hundred ten (110) kV of power. “Major utility” does not include uses more specifically defined in this chapter, including telecommunications facilities.

“Utilities, minor” means above- and below-ground electrical transmission lines (except as included in the definition of major utility above); above- and below-ground natural gas lines; flood control or drainage facilities; transportation or communications utilities and similar facilities of public agencies or public utilities; utilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, poles or cables; switch boxes; transformer boxes; cap banks; and underground water and sewer lines. Such minor utility facilities generally do not have employees on site, and the services may be publicly or privately provided. “Minor utility” does not include uses more specifically defined in this chapter, including telecommunications facilities.

“Vehicle/equipment repair, major” means repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles or boats, including the sale, installation and servicing of related equipment and parts. This use includes auto repair shops, body and fender shops and transmission and engine overhaul shops. This use excludes junk yards, vehicle dismantling or salvage and tire retreading or recapping.

“Vehicle/equipment sales and rentals” means sale or rental of automobiles, motorcycles, trucks, tractors, trailers, construction or agricultural equipment, mobile homes, boats and similar equipment, including incidental storage and incidental maintenance.

“Vehicle repair, minor” means limited repair of automobiles, motorcycles and light trucks that may include tune-ups, brakes, mufflers, automobile glass replacement and other minor repair customarily done in service stations, but in no case shall minor vehicle repair include auto/truck body and fender work or repair of heavy equipment or trucks or repair shops where vehicles are stored in an inoperable condition for more than twenty-four (24) hours.

“Vehicle storage” means storage of parking tow-aways, impound yards and storage lots for automobiles, trucks, buses and recreational vehicles. “Vehicle storage” includes only the storage of operable vehicles.

“Veterinary offices or clinics” means an establishment that provides medical treatment and care to animals, and which may include temporary or overnight boarding of animals that are recuperating from treatment. A “veterinary clinic or office” does not include a kennel, as that term is defined above.

“Wholesale establishment” means a use engaged in enclosed wholesale of manufactured products, supplies and equipment, including accessory offices and showrooms. Products may be picked up on site or delivered to the customer. Other accessory uses may include product repair, parking, minor fabrication services and repackaging of goods.

“Yard” means an open space other than a court, not in any alley or street, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

“Yard, front” means a yard extending the full width of the lot or parcel, the depth of which is measured in the least horizontal distance between the front lot line and the nearest wall of the principal building; such distance being referred to as the front yard setback.

“Yard, rear” means a yard extending the full width of the lot or parcel, the depth of which is measured in the least horizontal distance between the rear lot line and the nearest wall of the principal building; such depth being referred to as the rear yard setback.

“Yard, side” means a yard extending from the front yard to the rear yard, the width of which is measured in the least horizontal distance between the side lot and the nearest wall of the principal building.

“Zoning district” means an area or areas within the limits of the Town for which the regulations and requirements governing development, including use, lot, area of buildings and other requirements, are uniform.

“Zoning map” means the official zoning map adopted by the Town by ordinance, as amended. (Ord. 711 §1 (Exh. A), 2017)