The
following definitions shall apply to all portions of the Land
Development Code. In certain cases, more detailed or more specific
definitions may be found within a section. In such cases, the more
specific definition shall control.
Rules
of Construction of Language
1. The particular controls the general.
2. The word "shall" is always mandatory and
not directory. The word "may" is permissive.
3. Words used in the present tense include the future,
unless the context clearly indicates the contrary.
4. Words used in the singular number include the plural,
and words used in the plural number include the singular, unless
the context clearly indicates the contrary.
ACCESS: The place, means or way by which vehicles shall
have safe, adequate and usable ingress and egress to a property,
use or parking space.
ACCESSORY
USE AND BUILDING: Refer to Section 35.1
ACID:
Any of a large class of substances, the aqueous solutions of which
are capable of turning litmus indicators red and reacting with bases
or alkalis to form salts.
ADULT
AMUSEMENT OR ENTERTAINMENT: An amusement or entertainment which
is dis-tinguished or characterized by an emphasis on acts or material
depicting, describing or relating to "Specified Sexual Activities"
or "Specified Anatomical Areas", as defined herein, including
but not limited to topless or bottomless dancers, exotic dancers,
strippers, male or female impersonators or similar entertainment.
ADULT
BOOK STORE OR GIFT SHOP: An establishment having as a substantial
and significant portion of its stock in trade books, magazines and
other periodicals or goods and items held for sale which are distinguished
or characterized by their emphasis on matters depicting, describing
or relating to "Specified Sexual Activities" or "Specifies
Anatomical Areas", as defined herein.
ADULT
FOSTER CARE HOME: A county-certified residential facility for
the twenty-four (24) hour care of no more than fifteen (15) residents
in a non-medical facility for disabled adults, eighteen (18) years
of age or over, who do not require twenty-four (24) hour medical
care and who are able to perform, with or without assistance, most
activities of daily living. The criteria, requirements, and restrictions
for "Adult Foster Care Homes" shall be those prescribed
by C.R.S. §26-1-111(2)(j), 12 C.C.R. 2509-2, and elsewhere
in the Land Development Code.
ADULT
HOTEL OR MOTEL: A building with accommodations used for the
temporary occupancy of one or more individuals and is an establishment
wherein a substantial and significant portion of the materials presented
are distinguished or characterized by an emphasis on matter depicting,
describing or relating to "Specified Sexual Activities"
or "Specified Anatomical Areas", as defined herein, for
observation by the individuals therein.
ADULT
PHOTO STUDIO: An establishment which, upon payment of a fee,
provides photo-graphic equipment and/or models for the purpose of
photographing "Specified Sexual Activities" or "Specified
Anatomical Areas", as defined herein.
ADULT
THEATRE: A theatre wherein a substantial and significant portion
of the materials presented are distinguished or characterized by
an emphasis on acts or material depicting, describing or relating
to "Specified Sexual Activities" or "Specified Anatomical
Areas", as defined herein, for observation by patrons therein.
ADULT
USE: Any one of the following: adult amusement or entertainment,
adult book store or gift shop, adult hotel or motel, adult photo
studio, adult theatre, rap studio.
AGRICULTURAL
BUILDING AND/OR STRUCTURE: As defined only for the purpose
of determining potential exemptions from the Area Building Code,
any building and/or structure used for the sole purpose of providing
shelter for agricultural implements, farm products, livestock (including
horses) or poultry as intended in CRS 30-28-201.
AGRICULTURAL
BUSINESS: A commercial activity directly related to or resulting
from the cultivation of the soil, production of crops or the raising
of livestock.
AGRICULTURAL
STAND: A structure, booth or counter for the display and sale
of consumable goods, including, but not limited to fruits, vegetables
and grains, which have been lawfully raised, grown, or made on the
same lot or parcel of land.
AGRICULTURE:
The science or art of cultivating the soil, producing crops, or
raising livestock. Also to include farming or ranching.
AIRPORT:
See Section 30.
AIRPORT
ELEVATION: See Section 30.
AIRPORT
HAZARD: See Section 30.
AIRPORT
REFERENCE POINT: See Section 30.
ALLEY
OR SERVICE ALLEY: A minor public thoroughfare upon which the
rear of building lots generally abut and which affords a secondary
means of access. (See Uniform Street Standards.)
ALLUVIAL
GROUND WATER: Ground water found in unconsolidated clay, silt,
sand, and gravel of relatively young geologic age. Alluvial ground
water includes, but is not limited to, ground water found in the
Holocene and Pleistocene Piney Creek Alluvium, Broadway Alluvium,
Slocum and Vedros Alluvium and Nussbaum Alluvium.
AMUSEMENT
CENTER (INDOOR): An establishment totally contained within an
enclosed building designed or intended to provide entertainment
or recreation for the general public or portions thereof, but not
including bars, nightclubs or adult uses. The term includes, among
other things, arcades (pinball, video, etc.), theaters, dinner theaters,
bowling alleys, skating rinks, billiard parlors, pool halls, teen
clubs, indoor shooting ranges, privately owned recreational facilities,
health clubs, and organizational clubs.
AMUSEMENT
CENTER (OUTDOOR): An establishment, which can be contained in
part by a building or structure, but is largely exposed to the weather,
designed or intended to provide entertainment or recreation for
the general public or a portion thereof, but not including bars,
nightclubs, or adult uses. The term includes, among other things,
drive-in theaters, amusement parks, carousels, miniature golf courses,
golf courses and driving ranges, go-cart tracts, and privately owned
outdoor recreational facilities.
ANIMAL:
See Section 35.1 C.
ANNEXATION
IMPACT REPORT: A written report prepared by a municipality concerning
the proposed annexation of any territory located within the County.
An Annexation Impact Report shall not be required for annexations
of ten acres or fewer in total area or when the municipality and
the Board of County Commissioners agree that such a report may be
waived pursuant to Chapter XI of the
Land Development Code. An Annexation Impact Report shall
include, as a minimum:
1. A map or maps of the municipality and adjacent territory
to show the following information:
a. The present and proposed
boundaries of the municipality in the vicinity of the proposed annexation;
b. The present streets,
major trunk water mains, sewer interceptors and outfalls, other
utility
lines and ditches, and the proposed extension of such streets and
utility lines in the
vicinity of the proposed annexation; and
c. The existing and proposed
land use pattern in the areas to be annexed;
2.
A copy of any draft or final pre-annexation agreement, if available;
3. A statement setting forth the plans of the municipality
for extending to or otherwise providing
for, within the area to be annexed, municipal services performed
by or on behalf of the municipality
at the time of annexation;
4. A statement setting forth the method under which
the municipality plans to finance the extension
of the municipal services into the area to be annexed; and
5. A statement identifying existing districts within
the area to be annexed.
6. A statement on the effect of annexation upon local-public
school district systems including the
estimated number of students generated and the capital construction
required to educate such students.
AUCTION:
A public sale in which real or personal property is sold to the
highest bidder.
AUDITORIUM:
A large building for public meetings or artistic performances.
AUTOMOBILE:
Any powered vehicle including cars, trucks, buses, motorcycles,
etc. To include campers, travel trailers (motor homes, fifth wheelers)
and any vehicle requiring licensing under State law.
AUTOMOBILE
STORAGE YARDS: A yard used for the storage of assembled automo-biles,
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.
AUTOMOBILE
AND TRAILER SALES AREA: An open area, other than a street, used
for the display, sale, or rental of new or used automobiles, trailers,
trucks, boats, recreational vehicles, other motorized vehicles,
mobile homes and manufactured homes, and where no repair work is
done except minor incidental repair and preparation work of vehicles
and mobile homes and manufactured homes to be displayed, sold or
rented on the premises.
AVIGATION
EASEMENT: An easement or air rights granted for aircraft navigation
above real property.
AWNING:
An awning is a shelter supported entirely from the exterior wall
of a building and composed of non-rigid materials except for the
supporting frame-work.
BAKERY, RETAIL: An establishment, which may or may not be a
food service establishment, that engages in the business of the
preparation of food principally by cooking or baking in an oven
for the primary purpose of selling to the general public.
BAKERY,
WHOLESALE: An establishment that engages in the business of
the preparation of food principally by cooking or baking in an oven
for the primary purpose of selling to retailers, industrial, commercial,
institutional, professional business users, or other wholesalers.
BAR:
A food service establishment serving alcoholic beverages as prescribed
in C.R.S. Sections 12-47-118 (beer and wine license) or 12-47-119.5
(tavern license) of the Colorado Liquor Code and having an occupant
load, as defined in the El Paso County Regional Building Code of
less than one hundred (100).
BARBER
SHOP: The place of business of one whose business it is to cut
hair, and to shave or trim beards.
BATCH
PLANT: Processing plant for the manufacturing of concrete or
asphalt, and related materials and products.
BEAUTY
SHOP: An establishment providing persons with services that
include hair treatment, manicures or facials.
BED
AND BREAKFAST HOME: A single family dwelling which provides
temporary overnight lodging for remuneration with a maximum of two
(2) guest rooms or suites. A bed and breakfast home is a home occupation
as further defined and regulated in Section 35.6 of this Code.
BED
AND BREAKFAST INN: A single family dwelling which provides temporary
overnight lodging for remuneration with a minimum of three (3) and
a maximum of ten (10) guest rooms or suites.
BEDROCK
GROUND WATER: Ground water found in consolidated or semi-consolidated
sedimentary rocks or in igneous or metamorphic rocks. Includes ground
water found in the Denver Basin aquifers known as the Dawson, Denver,
Arapahoe and Laramie-Fox Hills.
BILLBOARD:
An advertising device which promotes goods, services, or products,
not con-ducted on the property on which the advertising device is
located.
BILLIARD
PARLOR: A facility for the games of or relating to billiards
or pool.
BLOCK:
An area of land within a subdivision which area is entirely bounded
by streets, highways (except alleys) or the exterior boundary or
boundaries of the subdivision.
BOARD:
The Board of County Commissioners of El Paso County, Colorado, except
when defined otherwise.
BOARDING
AND ROOMING HOUSE: A building other than a hotel or motel where
lodging for five or more persons is provided for compensation; meals
may be provided for such lodgers. This term shall not include child
care center or family care home.
BOTTLING
WORKS: A facility that plugs, corks or caps bottles.
BOWLING
ALLEY: A facility for the games of bowling, tenpins, skittles
or ninepins.
BUILDABLE
AREA: That portion of the lot that can be occupied by the principal
and accessory uses, excluding the front, side and rear yards, and
other areas constrained by setbacks, easements, floodplain, and
other restrictions so noted on the plat or in the Zoning Regulations.
BUILDING:
A structure having a roof, supported by columns or walls; the term
shall also include the term "structure" as defined herein.
BUILDING,
HEIGHT OF: The vertical distance measured from the average elevation
of the finished grade adjoining the building to the highest point
of the roof surface, if a flat roof; to the deck line of mansard
roofs; and to the mean height level between caves and ridges for
gable, hip and gambrel roofs.
BUILDING
PERMIT: A permit issued by the Regional Building Department
for building development, after compliance with the provisions of
this Code, and the Regional Building Code.
BULK:
"Bulk" is the term used to describe the size and mutual
relationship of buildings and other structures; (b) the shape of
buildings and other structures; (c) the location of exterior walls
of buildings and other structures in relation to lot lines, to the
centerline of streets, to other walls of the same building, and
to other buildings or structures; and (d) all open spaces relating
to a building or a structure.
BUS
STATION: A place from which bus services are provided or operations
are directed.
CANVAS: A heavy, coarse, closely woven fabric of cotton,
hemp or flax.
CAR
WASH: A facility for the cleaning of automobiles. The term includes,
among other things, truck or recreational vehicle wash. Any such
facility must be serviced by a central sewer system.
CARE
HOME: Any appropriate licensed or certified "Adult Foster
Care Home" or "Personal Care Boarding Home", as defined
in the Land Development Code.
CARNIVAL:
A traveling amusement show which includes a ferris wheel, rides,
side shows, or similar facilities and events.
CEMENT:
Any of various construction adhesives, consisting essentially of
powdered, calcined rock and clay materials, that form a paste with
water and can be molded or poured to set as a solid base.
CEMETERY:
Place of burial for earth interments, mausoleum for crypt interments,
a columbarium for cinerary interments, or a combination of more
than one thereof.
CERTIFICATE
OF DESIGNATION (SOLID WASTE): A document issued by the Board
of County Commissioners, upon favorable recommendation from the
Colorado Department of Health, to a person authorizing their operation
of a solid wastes disposal site and facility, pursuant to the Solid
Wastes Disposal Sites and Facilities Act (C.R.S. 30-20-101, et.
seq.)
CHANNEL:
A natural or artificial low-lying land area with definite bed and
banks to confine and conduct continuously or periodically flowing
water.
CHARITABLE:
Providing help or relief to the poor and needy.
CHILD
CARE CENTER: 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",
"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 a kindergarten maintained in connection with a public, private,
or parochial elementary school system of at least six (6) grades,
which is defined as an "Educational Institution" under
the Land Development Code. "Kindergarten" means any facility
providing an educational program for children only for the year
preceding their entrance to the first grade, whether such facility
is called a kindergarten, nursery school, preschool, or by any other
name. The term "Child Care Center" shall not include any
facility licensed as a "Family Care Home".
CHILD CARE FACILITIES: Any appropriately licensed "Child
Care Center", "Family Care Home", or "Residential
Child Care Facility", as defined in the Land Development Code
and provided for under the "Child Care Act", C.R.S. §§26-6-101
et. seq. and its implementing regulations, 12 C.C.R. 2509-8, except
as otherwise defined or restricted by the Land Develop-ment Code.
CHRISTMAS
TREE: An evergreen or artificial tree, normally decorated with
lights and ornaments during the Christmas season.
CHURCH:
See RELIGIOUS INSTITUTION.
CIRCUS:
An arena often covered by a tent and used for variety shows including
feats of physical skill and daring, wild animal acts, and performances
by jugglers and clowns.
CLERK
AND RECORDER: El Paso County Clerk and Recorder.
CLUB:
A building used for the meetings of a group of people organized
for a common purpose; this term shall include country clubs, lodges,
or other membership associations.
COAL:
A natural dark-brown to black solid used as a fuel, formed from
fossilized plants, and consisting of amorphous carbon with various
organic and some inorganic compounds.
COLLECTOR
STREETS: See Uniform Street Standards.
COMMON
OPEN SPACE: A parcel of land, an area of water, or a combination
of land and water within the site designed and intended pri-marily
for the use or enjoyment of residents, occupants, and owners of
the development.
COMMUNITY
BUILDING: A facility used for the assembling of people for recreational,
social, cultural, political or educational purposes.
CONCERT:
A musical performance.
CONDOMINIUM:
A system of separate ownerships of individual units in a multi-unit
project where the land within the project is owned in common.
CONSTRUCTION,
SUBSTANTIALLY INITIATED: As defined only for the
purpose of determining the application of the Area Building Code
for those areas that were first zoned on Mach 25, 1999, Construction
Substantially Initiated, shall mean, at a minimum, completion of
a poured concrete foundation or slab, if applicable, or completion
of exterior framing if said foundation or slab is not involved,
unless otherwise exempted. Unless otherwise exempted, further construction
horizontally beyond the footprint of the in-place foundation or
slab or framing shall not be allowed without compliance with the
Area Building Code. Additionally, unless otherwise exempted, no
further construction vertically shall take place once a building
or structure has been completed without compliance with the Area
Building Code. A building and/or structure shall be defined as "completed"
when all construction activities normally required precedent to
a final inspection, have been completed.
Mobile
homes and manufactured homes which are placed upon a concrete foundation
or slab shall be treated the same as in paragraph 1 of this Definition.
Mobile homes or manufactured homes which are not being placed on
a concrete foundation or slab shall comply with the Area Building
Code, unless otherwise exempted.
In
all cases the burden rests with the property owner to demonstrate
that a building or structure does not need to comply with the Area
Building Code.
CONTRACTOR'S
EQUIPMENT YARD: A heavy equipment and materials storage area
for an establishment engaged in the business of constructing or
demolishing of commercial, residential and/or industrial buildings
and/or infrastructure and/or roads.
The
term also includes businesses engaged in the installation of such
items as air conditioners, electrical equipment, flooring, heating,
painting, plumbing, roofing, tiling, ventilation, pools, and service
facilities of utilities. The term does not include junk yards, vehicle
dismantling yards, or scrap metal processing yards.
CONVENIENCE
STORE: A food service establishment contained within a building
offering for sale to the neighborhood in which it is located such
items as groceries and sundries. This would not include the sale
of motor vehicle fuel.
CORRALS:
A pen, fence or some similar enclosure for the purpose of con-fining
or capturing of hoofed animals.
COUNTY
ENGINEER: A person serving as the Board of County Commissioners'
agent in matters pertaining to transportation systems and drainage
in El Paso County. A registered, professional engineer, licensed
in the State of Colorado.
COVENANT:
A private legal restriction on the use of land, contained in the
deed to the property or otherwise formally recorded.
CUL-DE-SAC:
A street open at one end only and providing at the other end special
facilities for the turning around of vehicular traffic.
DAIRYING: A farming operation concerned with the production
of milk that may include the processing or selling of milk and milk
products.
DATUM
PLANE: A horizontal plane or surface which includes the surface
point of the airport elevation at mean sea level.
DEDICATION:
The allocation by a landowner of a certain land area for public
use or common use, such as for a street, park, or school.
DENSITY:
The number of dwelling units that may be constructed per acre. DENSITY:
(Gross) - including all public rights of way. DENSITY: (Net) - excluding
all public rights of way.
DESIGN
STANDARDS OR DESIGN REQUIREMENTS: All requirements and regulations
relating to design and layout of subdivisions as contained in these
Regulations, and the Engineering Criteria Manual.
DEVELOPMENT
AGREEMENT: An agreement entered into between the applicant for
Site Specific Development Plan review and the County, following
a public hearing on the application therefor, which may extend the
period of time for which the approval of a Site Specific Develop-ment
Plan establishes vested rights. The term or period of such an agreement
shall not be less than three (3) years.
DEVELOPMENT
PLAN: See Section 37.5.
DIRECTION
SIGN: See SIGN.
DRAINAGE
PLAN: See Section 51.1.
DRIVE-IN:
A facility designed to permit customers to remain in their automobiles
or other vehicles while obtaining a service.
DRUG
STORE: A store where prescriptions are filled for drugs, related
items, and household supplies are sold.
DWELLING:
A fully enclosed residential structure on a permanent foundation
which is designed for habitation by one (1) family and consists
of one (1) kitchen (excluding a wet bar), one (1) or more bathrooms
and rooms or areas used for indoor activities and sleeping. The
word "dwelling" shall not include boarding-houses or rooming
houses, tents, mobile homes, trailer coaches, hotels, motels, or
other structures designed or used primarily for transient residents.
DWELLING,
SECONDARY: Supplemental living quarters, including one kitchen,
that is attached to or part of the main dwelling unit, used exclusively
by one or two family member(s) of the person(s) residing in the
main dwelling, and otherwise not rented or leased. Such dwelling
unit shall, at a minimum, include the ability to access the main
dwelling unit through interior connections. All electric, gas, sewer
and water service shall be inter-connected to and indistinguishable
from that of the main dwelling unit and shall not have separate
meters, service lines or billings. The exterior appearance of the
structure shall be that of a single, architecturally integrated,
dwelling unit.
DWELLING,
SINGLE-FAMILY: A dwelling designed for or used exclusively as
a residence by one family.
DWELLING,
TWO-FAMILY OR DUPLEX: Two dwelling units that are structurally
attached and designed for or used exclusively as a residence by
two families, living independently of one another. Each unit may
have its own water, sewer, gas or electric lines, meter and/or billing.
DWELLING,
MULTIPLE: A dwelling structurally connected and designed for
or used exclusively as a residence by three (3) or more families,
living independently of one another with accessory uses, limited
to an office, laundry and recreational facilities used by the occupants.
Also called apartment, multifamily.
DWELLING,
TOWNHOUSE: An attached or semi-attached dwelling, containing
a single dwelling unit and located on a separate lot.
EASEMENT: An area which is reserved, conveyed or dedicated
for a specialized or limited purpose without the transfer of fee
title. This may include, but is not limited to utility, drainage,
access, trail, planting, solar access easements, or open space easements.
EDUCATIONAL
INSTITUTION: Educational institution shall mean public schools,
nonpublic schools, and schools administered and operated by the
state. The following definitions shall apply to the various types
of educational institutions:
(a)
'Public schools' shall mean those schools administered by legally
organized school districts.
(b)
'Nonpublic schools' shall mean all private, parochial and independent
schools which provide education of compulsory school age pupils
comparable to that provided in the public schools of the state.
The term comparable shall mean a schedule of at least 180 days of
actual teacher-pupil teaching days, at least a 5½ hour school
day in the grades 7 through 12, and at least 50% of the school's
full-time teachers must hold valid Colorado teaching certificates.
EL
PASO COUNTY LAND USE PLAN: A plan, and any functional element
to the plan as adopted and amended, for the physical development
of the unincorporated territory of the County. Also known as the
El Paso County Comprehensive Plan, the Master Plan for El Paso County
and the El Paso County Plan.
EMERGENCY
FACILITY: A permanent facility from which medical care is provided
for such situations or occurrences that would require immediate
action. This term does not include, among other things, hospitals,
medical clinics, fire stations, or ambulance headquarters.
EQUIPMENT
RENTAL: A facility where tools, machines, implements or other
similar devices are loaned/rented out for use.
ENGINEERING
CRITERIA MANUAL: A Manual, adopted as a part of the Land Development
Code, that includes standards to be used in subdivisions for design
of highways, roads, bridges, and drainage features.
EQUESTRIAN
CENTER: See RIDING ACADEMY.
EROSION
CONTROL PLAN: See Section 51.1.
ESTATE,
PRIVATE: A single family residence included within the estate
grounds. There shall be allowed other residence buildings designated
as servant's quarters, or guest house.
ESTIMATE
OF GUARANTEED FUNDS: Detailed cost estimate of amount of collateral
required pursuant to Part V, Section 53.3.
EVIDENCE:
Any map, table, chart, contract, or any other document or testimony
prepared or certified by a qualified person to attest to a specific
claim or conditions, which evidence must be relevant and competent
and must support the position maintained by the subdivider.
EXPLOSIVE:
A substance that causes a sudden rapid release of mechanical, chemical
or nuclear energy from a confined region.
EXTRACTOR:
Any individual, partnership, association or corporation which extracts
com-mercial 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.
FAMILY:
An individual, or two or more persons related by blood, marriage,
adoption, as guardian and ward, or a group of not more than five
(5) persons, excluding servants, who need not be so related, living
together in a one-family dwelling or in one unit of a two-family
or multiple family dwelling.
FAMILY
CARE HOME: A facility for child care in a place of residence
of a family or person, for the purpose of providing family care
and training for a child under the age of sixteen (16) who is not
related to the head of such home and, under Family Foster Home provisions,
to include children from sixteen (16) to eighteen (18) years of
age and those persons to twenty-one (21) years of age who are placed
by court order prior to their eighteenth (18th) birthday. The term
includes any family care home receiving a child for regular twenty-four
(24) hour care and any home receiving a child from any state-operated
institution for child care or from any child placement agency as
defined in C.R.S. §26-6-102(2), or any day care home receiving
a child for less than twenty-four (24) hour care. The term "Family
Care Home" shall not include any facility licensed as a "Child
Care Center".
FARM:
A plot of land devoted to agriculture.
FEED
AND SEED STORES: Stores where feed or seed for agricultural
purposes is the primary product offered for sale.
FERTILIZER:
Any of a large number of natural and synthetic materials, including
manure and nitrogen, phosphorus, and potassium compounds, spread
on or worked into soil to increase its fertility.
FINANCIAL
INSTITUTION: A state bank or bank and trust company chartered
by the State of Colorado or a national bank or an industrial bank
chartered by the State of Colorado or a federal credit union or
a state credit union or a domestic savings and loan association
organized under the laws of the State of Colorado, or a foreign
savings and loan association organized under the laws of any other
state, territory or nation or a federal savings and loan association
organized under federal laws.
FIRE
DEPARTMENT: A building or organization equipped for the prevention
or extinguish-ment of fires.
FIREWOOD
SALES: A facility for the storage, display and sale of cut wood
that is used for fuel. A firewood sales facility may also include
wood splitting.
FIREWORKS
STAND: A temporary stand or location for the sale of fireworks.
FISH
HATCHERIES: A place for hatching fish eggs.
FLAMMABLE
MATERIAL AND LIQUIDS: Generally any material that will readily
ignite at a temperature of 600° F. or less from common sources
of heat, and any liquid having a flash point below 100° F and
having a vapor pressure not exceeding 40 pounds per square inch
at 100° F. (See also Uniform Fire Code and Regional Building
Code.)
FLOOD:
A temporary rise in a watercourse, flow or stage, that results in
water overlapping its banks and inundating areas adjacent to the
channel.
FLOODPLAIN: 100-year: The relatively flat area or lowlands adjoining
the channel of a stream or water course and subject to floodwater
overflow resulting from a 100-year flood which is defined as that
flood equivalent of a 1% or greater chance of flooding in any given
year. Also known as intermediate regional flood, area of special
flood hazard.
FLOOR
AREA, GROSS: Total area of all floors included within the surrounding
exterior wall surface or a building or portion thereof, exclusive
of vents, shafts, and courts. The floor area of a building, or portion
thereof, not provided with surrounding exterior walls shall be the
usable area under the horizontal projection of the roof or floor
above.
FLOOR
AREA, NET: The total of all floor areas of a building, excluding
stairwells and elevator shafts, equipment rooms, interior vehicular
parking or loading areas and bathrooms. For purposes of calculating
parking requirements, the net floor area of a building, or portion
thereof, not provided with surrounding exterior walls shall be the
usable area under the horizontal projection of the roof or floor
above and shall include patios or decks unless the patios or decks
are not intended for use by the general public.
FLOOR
AREA RATIO (F.A.R.): Ratio of total floor area of structure
or structures and total area of the lot.
FOOD
PROCESSING: Preparing, treating, converting, or packaging food.
FUEL
SALES (WHOLESALE) AND STORAGE: Facilities for the storage and
wholesale sales of large quantities of fuel or petroleum, including
liquefied gases.
FULL-TIME
CARE: Means care for a person on a full day and night, twenty-four
(24) hour basis. Several hours absence for temporary purposes such
as school shall not cause such care to be less than full-time.
FUNERAL
PARLOR: A building where ceremonies are held in connection with
the burial or cremation of the dead. Shall also include funeral
home, mortuary, and crematory.
FUR
FARMS: The raising of any animal for the purpose of producing
pelts to be sold com-mercially, or the raising of breeding stock
for such commercial fur pelts, including, but not exclusive of others,
fox, mink, rabbit, lynx or chinchilla.
GARAGE, AUTO REPAIR: A building used for the care or
repair of motor vehicles, including major or minor work such as
body and fender work or engine and transmission overhaul and incidental
storage or parking of repaired vehicles, but excluding the storage
of junk vehicles.
GASOLINE
FILLING STATION: A retail establishment at which vehicles are
serviced with gasoline, diesel fuel, oil, air, or water, and may
include motor vehicle repair facilities.
GENERALIZED
(MASTER) PUD DEVELOPMENT PLAN: A Development Plan prepared pursuant
to Chapter IV - Section 16 (Planned Unit Development District) that
is intended to establish the overall land use and density parameters
for a large development precedent to submittal and approval of one
or a series of more detailed Development Plans that are fully compliant
with the requirements and standards of Section 16.
GLUE:
An adhesive substance or solution which may be obtained by boiling
animal collagen and drying the residue.
GOLF
COURSE: An area of land laid out for the game of golf. This
term shall not include miniature golf course.
GRADING:
Earthwork allowed under a Grading Permit including only the following:
clearing, grubbing, excavation, embankment, and grading for installation
of drainage structures or facilities only when such are required
to be constructed as part of the rough grading. Grading does not
include construction improvements such as curb and gutter, utilities,
or drainage structures other than those indicated above.
GRADING
PERMIT: That collective set of documents, as defined in Section
51.1 D.4., that will allow a developer or subdivider to begin grading
after preliminary plan approval by the Board of County Commissioners
but prior to final plat approval by the Board of County Commissioners.
GREENHOUSE:
A building whose roof and sides are made largely of glass or other
transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or
out-of-season plants or vegetables for subsequent sale or for personal
enjoyment.
GROCERY
STORE: A store selling foodstuffs and household supplies.
GROSS
LEASABLE AREA: The sum of combined floor area in a building
designed for owner or tenant occupancy and exclusive use.
GROUND
LEVEL OR GRADE: The average of the finished ground level or
grade adjoining all walls of a building. In the event said walls
are nearly parallel to and within five (5) feet of a sidewalk, the
ground level shall be considered the surface of said sidewalk.
GROUP
HOME: A home intended to provide a normal residential setting
for certain unrelated groups of people and limited to "Group
Homes for the Mentally Ill", "Group Homes for the Developmentally
Disabled", and "Group Homes for the Aged", as defined
in the Land Development Code.
GROUP
HOME FOR THE AGED: A group home for no more than eight (8) persons
sixty (60) years of age or older who do not need skilled and intermediate
care facilities and who desire to live in normal residential surroundings.
The criteria, requirements, and restrictions for "Group Homes
for the Aged" shall be those prescribed by C.R.S. §30-28-115(2)(b)
(except for distance separations) and elsewhere in the Land Development
Code.
GROUP
HOME FOR THE DEVELOPMENTALLY DISABLED: A state-licensed group
home for no more than fifteen (15) persons with developmental disabilities,
as that term is defined in C.R.S. §27-10.5-102. The criteria,
requirements, and restrictions for "Group Homes for the Developmentally
Disabled" shall be those prescribed by C.R.S. §30-28-115(2)(a),
C.R.S. §27-10.5-109 and any regulations implemented by the
Departments of Institutions and Health in support of this statutory
provision, and elsewhere in the Land Development Code.
GROUP
HOME FOR THE MENTALLY ILL: A state-licensed group home for no
more than eight (8) persons with mental illness, as that term is
defined in C.R.S. §27-10-102. The criteria, requirements, and
restrictions for "Group Homes for the Mentally Ill" shall
be those prescribed by C.R.S. §30-28-115(2)(b.5) (except for
separation requirements), 6 C.C.R. 1011-1, Chapter XIII(2), and
elsewhere in the Land Development Code. The term "Group Home
for the Mentally Ill" shall not include any facility licensed
as a "Residential Child Care Facility".
GROWTH
MANAGEMENT PLAN: A conceptual plan that details the phasing
of a project and the schedule for completion of associated public/private
improvements (schools, parks, roads, golf courses, etc.) based upon
phasing, buildout, and other trigger events.
GUEST
HOUSE: A guest house is a detached living quarters of a permanent
type of construc-tion, without kitchen or cooking facilities, clearly
subordinate and incidental to the main building on the same lot,
and not to be separately rented, let or leased whether compensation
be direct or indirect.
H-HIGH
RISE: A zone that when combined with and included within another
zone allows the construction of the principal building to exceed
the normal height restrictions of zones.
HALF-WAY
HOUSE: Group care facilities for adults who have been placed
on probation or parole.
HAZARDOUS
MATERIAL: Any material which is defined as a Hazardous Material
by the United States Code and/or the United States Environmental
Protection Agency.
HAZARDOUS
WASTE: Means any material which is defined as a Hazardous Waste
by the United States Code or Colorado Revised Statutes, as amended.
HAZARDOUS
WASTE FACILITY: A facility used for the storage and treatment
of hazardous waste.
HEALTH
CLUB: A structure or a portion thereof, including associated
grounds and facilities, providing areas and equipment for the enhancement
of a person's physical conditioning, the use of which is limited
to individuals holding membership and their guests.
HEALTH
DEPARTMENT: El Paso County Health Department.
HEAVY
EQUIPMENT: Large machinery used for construction and building
purposes. This term shall include but not be limited to bulldozer,
tractor, grader, caterpillar tractor, crane, back-hoe, trencher,
and earthmover.
HOBBY
FARM: A parcel of land where livestock are raised and/or garden
crops grown in a manner either incidental to the principal residential
use of the property or where the production of livestock or garden
crops on the property does not constitute a principal income for
the land owner.
HOME
IMPROVEMENT CENTER: A business that offers for sale hardware,
tools, lumber, electrical, plumbing and landscaping supplies, and
other similar materials.
HOME
OCCUPATION: Refer to Section 35.6, Home Occupation.
HOMEOWNERS
ASSOCIATION: An association of homeowners within a residential
area created to govern the area with powers including but not limited
to: the setting and collection of expense assessments from the members
of the association, the control and maintenance of common areas,
and the enforcement of protective covenants.
HOSPITAL:
An institution containing in-patient and overnight accommodations
but may also include out-patient provisions, for the diagnosis,
treatment, and care of illness and which may also include facilities
for the performance of major surgery.
HOSPITAL,
CONVALESCENT: An institution other than a hospital for the treatment
and care of human illness or infirmary, and in which the function
of care, rather than diagnosis or treat-ment, constitutes the principal
function. The term convalescent hospital shall include sanitarium
and nursing homes.
HOSPITAL,
VETERINARY: 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:
A building occupied as the more or less temporary abiding place
of individuals who are lodged with or without meals in which, as
a rule, the rooms are occupied singly for hire, in which provision
is not made for cooking in any individual apartment. This term shall
include motel but not child care center or family care home.
INDUSTRY: The commercial production and wholesale of
goods and services.
INDUSTRY,
LIGHT: 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 reason 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 the public generally,
and which operates independent of: railroad sidings, extensive loading
docks and steam generation as prime power.
INERT
MATERIALS: Non-watersoluble and nonputrescible solids together
with such minor amounts and types of other materials as will not
significantly affect the inert nature of such solids according to
the rules and regulations of the board. The term includes but is
not limited to, earth, sand, gravel rock, concrete which has been
in a hardened state for at least sixty (60) days, masonry, asphalt
paving fragments, and other inert solids including those the Board
of Health may identify by regulation.
INFECTIOUS
WASTE: Nonhazardous waste containing pathogens or biologically
active material which, because of its type, concentration and quantity,
could present a potential hazard to human health when improperly
handled, stored, processed, transported or disposed. (See also C.R.S.
25-15-401 et seq.)
INFECTIOUS
WASTE TRANSFER FACILITY: A facility at which infectious wastes
are collected and temporarily stored pending removal to facilities
or sites where the wastes will be rendered non-infectious and/or
permanently disposed. The facility may consist of a mobile storage
unit(s) into which wastes are transferred from collection vehicles.
INSTITUTION:
An organization founded to promote philanthropic or charitable causes.
INTERSECTION:
The area embraced within the prolongation of the lateral boundary
lines of two or more highways which join one another at an angle,
whether or not one such highway crosses the other.
JUNK
YARD: A yard open to the air, used for the
sale, storage, or display of broken, used or discarded pieces of
metal, paper, glass, rope, rags, wood or other personal property,
whether of value or valueless, and which may or may not be partly
or wholly assembled into motor vehicles, machinery or other useful
objects of any kind.
KENNELS: Any place or premises used in whole or in part
for the purpose of keeping, boarding, breeding or sale of domesticated
dogs and/or cats in which five (5) or more domestic animals exist,
and all of which exceed four (4) months in age, to include animal
pounds and shelters.
KITCHEN:
A room, or part of a room, used for the preparation of food inside
a dwelling consisting of a refrigerator, a sink with one or more
basins and one or more cooking device(s) (stove, range, oven, microwave).
LABORATORY: A room or building equipped for scientific
experimentation, research or testing.
LANDFILL:
Means the location and facility at which the deposit and final treatment
of solid, liquid or hazardous wastes occurs.
LANDING
AREA: The area of the airport used for the landing, taking off
or taxiing of aircraft.
LANDSCAPED
SETBACK: A minimum required landscaping space on a private property
which is adjacent to a property line common to a street right-of-way
or another property. Driveways and sidewalks to afford limited access
may be allowed to interrupt this required space; however, structures,
buildings and parking are not allowed within the setback area.
LANDSCAPING:
Any combination of living plants, such as trees, shrubs, vines,
ground covers, flowers or grass; natural features such as rock,
stone, bark chips or shavings; and structural features, including
but not limited to, fountains, reflecting pools, outdoor art work,
screen walls, fences or benches.
LAUNDROMAT,
SELF-SERVICE: An establishment providing washing, drying, or
dry cleaning machines on the premises for rental use to the general
public for family laundering or dry cleaning purposes.
LAUNDRY:
A retail store for the washing, dry cleaning or ironing of clothes
or linens.
LAUNDRY
SERVICE: A facility providing on site professional clothes cleaning,
which may include dry cleaning facilities. A laundry service may
also include self-service cleaning facilities.
LIBRARY:
A repository for literary and artistic materials, such as books,
periodicals, newspapers, pamphlets, and prints, kept for reading
or reference.
LIQUOR
STORE: A retail store where packaged alcoholic beverages are
sold.
LIVESTOCK
FEED YARD (Feed Lot): A place of confinement (whether by structure,
fence, pens, or corrals) for cattle, sheep, goats, swine, or other
livestock for the purposes of concen-trated feeding operations for
meat or milk production where crop or forage growth or production
is not sustained in the area of confinement. This definition specifically
excludes educational agricultural projects (hobby farm) and horses
as defined under "Stable".
LIVESTOCK
SALES YARD: A confined enclosure used for the purpose of selling
livestock.
LOADING
SPACE: An off-street portion of a lot for the temporary parking
of a commercial vehicle while loading or unloading materials for
use or sale on the lot. Such space shall open upon a street or alley
and any use of the space shall not obstruct pedestrian or vehicular
traffic upon such public way.
LOT:
A parcel or portion of land separated from other parcels or portions
by description as on a subdivision plat, survey map, assessor's
map or by metes and bounds. See also PARCEL and TRACT.
LOT,
ADJOINING: The lot separated from the lot under consideration
by one of the following: lot line, street, alley, or easement.
LOT
AREA: The total horizontal area within the lot lines of a lot.
LOT
AREA COVERAGE: That portion of the lot that is covered by buildings
or structures.
LOT,
CORNER: A lot which has streets on more than one side.
LOT
DEPTH: The shortest horizontal distance between the front and
rear lot lines measured from the direction the lot faces and is
addressed by.
LOT,
FLAG: Shall mean 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,
IRREGULARLY SHAPED: A lot or parcel of land which may exhibit
one or more of the following characteristics: 1) Triangular or pie-shaped
configuration; 2) More than four property lines; 3) Varies significantly
from a rectangular shape.
LOT
LINE, FRONT: The property line dividing a lot from a street.
On a corner lot both lot lines dividing the lot from the streets
shall be considered the front lot line for setback purposes.
LOT,
STRUCTURAL COVERAGE: The percentage of the lot area that may
be covered by all buildings and structures on the lot not including
open and unenclosed patios, decks, platforms, landings or ramps
that do not exceed eighteen (18) inches in height measured from
the finished floor to any adjacent point of the finished grade.
LOT
WIDTH: The mean horizontal distance between side lot lines of
the lot measured at right angles to the depth.
LUMBER
YARD: A yard where a stock of lumber and wood products and incidental
tools are kept for sale.
MAINTENANCE PLAN: A plan for private maintenance of
roads, common areas, recreational areas, open space, bikeways, parking
areas, or water and sanitation facilities where County maintenance
is not proposed. See Section 38.
MANAGEMENT
HEADQUARTERS: Facilities for the general management of a travel
trailer park.
MANUFACTURE:
To make or process a raw material into a finished product.
MANUFACTURED
HOME: A single-family dwelling which is partially or entirely
manu-factured in a factory, is not less than 24 feet in width and
36 feet in length, is installed on an engineered permanent foundation,
has brick, wood or cosmetically equivalent exterior siding and a
pitched roof, and is certified pursuant to the National Manufactured
Housing Construction and Safety Standards Act of 1974, 42 USC 5401,
et seq., as amended, and is built for the Colorado climate and snow
loads according to the Department of Housing and Urban Development
standards established under the provisions of 42 USC 5401, et seq.
(See C.R.S. 30-28-115).
MANUFACTURING,
LIGHT: See INDUSTRY, LIGHT.
MEDICAL
CLINIC: A facility used for the provision of medical, dental,
surgical or mental health care of the sick or injured, but excluding
therefrom in-patient and overnight accommodations.
METAL:
Any of a category of electropositive elements that are usually whitish,
lustrous, and in the transition metals, typically ductile and malleable
with high tensile strength; also, an alloy of two or more metallic
elements.
METAL
PROCESSING PLANTS: Facilities for the manufacture or reduction
of metals.
MINERAL:
An inanimate constituent of the earth, in either solid, liquid,
or gaseous state which, when extracted from the earth, is usable
in its natural form or is capable of conversion into usable form
as a metal, a metallic compound, a chemical, an energy source, a
raw material for manufacturing or construction material. This definition
includes, but is not limited to, sand, gravel, aggregate, coal,
gold, clay and limestone. This definition does not include surface
or ground water useable for domestic, agricultural, or industrial
purposes, nor does it include geothermal resources subject to regulation
under C.R.S. 37-90.5-101 et seq. or oil and gas resources subject
to regulation under C.R.S. 34-60-101, et seq.
MINERAL
DEPOSIT, COMMERCIAL: A natural mineral deposit of limestone
used for con-struction 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,
mineralogic, or other scientific data that such deposit has significant
economic or strategic value to the area, state, or nation.
MINERAL
EXTRACTION: The physical withdrawal of minerals.
MINERAL
PROCESSING PLANTS: Facilities for the manufacture or reduction
of minerals.
MINI-WAREHOUSE:
Building(s) designed primarily for the storage of household items
and inventory of small commercial businesses where storage units
are individually leased or rented, where access to storage units
is infrequent, and where no utilities are provided except for the
service of a manager's apartment and for lighting of individual
storage units.
MINOR
SUBDIVISION: Subdivision of four (4) or fewer lots which does
not require public improvements or waivers of the subdivision regulations.
MINOR
SUBDIVISION COMMITTEE: A committee appointed by the Planning
Commission of El Paso County to review and make recommendations
to the Commission regarding the following land use matters: (a)
minor subdivisions, as defined above; (b) vacations of lot lines;
(c) final plats in cases in which preliminary plats have previously
been approved by the Commission and Board; (d) variance of use petitions;
and (e) special use petitions.
MOBILE
HOME: A dwelling unit, factory built and factory assembled,
designed for con-veyance, after fabrication on streets and highways
on its own wheels or on flatbed or other trailers, and arriving
at the site where it is to be occupied as a dwelling unit complete
and ready for occupancy, except for minor and incidental unpacking
and assembly operations such as locating on jacks or other supports
or connection to utilities. This shall not include a mobile home
which is constructed and installed in a manner that meets the definition
of a dwelling in the Uniform Building Code.
MOBILE
HOME PARK: An area designated for the accommodation of mobile
homes used as detached single family dwellings and containing facilities
for connection of mobile homes to utility systems.
MOBILE
HOME STAND OR PAD: Part of an individual lot which has been
reserved for placement of the mobile home, appurtenant structures
or additions. The stand should provide an adequate foundation and
anchoring facilities to secure the mobile home against any accidental
movement.
MOBILE
HOME SUBDIVISION: A parcel of land subdivided into lots, each
lot individually owned and utilized as the site for placement of
a single family mobile home and its facilities.
MONUMENTS:
The actual points set on the ground to locate, delineate or describe
tracts of land and/or the points set to define a legal description
of a tract of land.
(a)
UNITED STATES LAND SURVEY MONUMENTS: The points or corners established
by the survey of public lands for the United States Government,
also the re-establishment or restoration of said corners.
(b) The points or corners set by a Colorado Registered Land Surveyor
in accordance with the Colorado Revised Statutes.
MOTORIZED
VEHICLE: See AUTOMOBILE.
MOTEL:
See HOTEL.
MUSEUM:
A building in which works of artistic, historical and scientific
value are cared for and exhibited.
NIGHTCLUB:
A food service establishment operating a bar in conjunction with
providing patron dancing and/or live, non-adult entertainment or
a bar having an occupant load, as defined in the El Paso County
Regional Building Code of one hundred (100) or greater. This would
not include a piano bar having an occupant load of less than one
hundred (100).
NONCONFORMING
BUILDING: Any legally existing building which does not conform
to the "location and bulk" regulations of the Resolution
for the district in which such "nonconforming building"
is located, either at the effective date of the resolution establishing
the district or as a result of subsequent amendments which may be
incorporated into this Zoning Resolution. (See Section 35.2).
NONCONFORMING
USE: Any legally existing use, whether within a building or
other structure or on a tract of land, which does not conform to
the "use" regulations for the district in which such "nonconforming
use" is located, either at the effective date of the resolution
estab-lishing the district or as a result of the subsequent amendments
which may be incorporated into this Zoning Resolution. (See Section
35.2)
NON-PUBLIC,
NONRESIDENTIAL BUILDING AND/OR STRUCTURE: As
defined only for the purpose of determining potential exemptions
from the Area Building Code, any building and/or structure not meeting
the definition of Public Building and/or Structure and not normally
or customarily designed and intended for human habitation.
NONRENEWABLE
WATER: Unless otherwise specified by the State Engineer or a
state court of competent jurisdiction, all tributary, nontributary
and not nontributary ground water, as defined by appropriate state
statute, found in the Dawson, Denver, Arapahoe, and Laramie-Fox
Hills aquifers, and other bedrock aquifers.
NONTRIBUTARY
GROUND WATER: Ground water as defined in C.R.S. Section 37-90-
103 (10.5). Ground water is considered nontributary solely on the
basis of determinations made by the State Engineer's Office and/or
water decrees issued by a state court of competent jurisdic-tion.
NOT
NONTRIBUTARY GROUND WATER: Ground water in the Dawson, Denver,
Arapahoe or Laramie-Fox Hills aquifers located outside the boundaries
of any desig-nated ground water basin which is not defined as nontributary.
NURSERY,
WHOLESALE: An area where trees, shrubs, or plants are grown
or warehoused for transplanting or for use as stocks for budding
and grafting. A greenhouse structure may be used in the operation
of a Nursery, Wholesale.
OFFICE:
A place such as a building, room, or suite, in which services, clerical
work or profes-sional duties are carried out. This definition does
not include medical clinic.
OFF-PREMISE
SIGN: (See Billboard)
OFF-SITE
SOURCE: Ground water in aquifers which naturally lie beneath
a property which is not part of the development project but from
which ground water will be extracted for the project, and surface
water which naturally flows across a property which is not part
of the development project.
ONSITE
SOURCE: Ground water in aquifers which naturally lie beneath
a project site, and surface water which naturally flows across the
project site.
OUTDOOR
SHOOTING RANGE: An outdoor facility for the firing of any gun
or the shooting with bow and arrow. The term also includes rifle
and pistol shooting and skeet and trap shooting.
OUTDOOR
STORAGE (Outside Storage): Open air storage of vehicles, equipment,
or materials.
OUTDOOR
THEATER: An outdoor structure for the presentation of plays,
motion pictures, other dramatic or comedy performances, or concerts.
OVERLAY
ZONE: A zone superimposed on an existing zone which adds additional
restrictions or standards (00).
PARCEL:
A lot or tract, or contiguous groups or portions of such lots or
tracts.
PARK
BOARD: El Paso County Parks Advisory Board.
PARK
MODEL: A factory assembled portable unit mounted on a chassis
and wheels, not more than fourteen feet (14') in width and no greater
than five hundred (500) square feet nor less than three hundred
twenty (320) square feet in total floor area, and intended to provide
seasonal and/or recreational occupancy, as a recreational vehicle,
characterized by one or more extended periods of vacancy during
a calendar year.
PARKING
AREA: The area used for access, internal driveway systems and
parking spaces. (See Section 35.3.)
PARKING
LOT/GARAGE: An area, structure, or building used for the sole
purpose of parking motor vehicles in legal operating condition,
excluding recreational vehicles, and which is generally paved and
striped for parking spaces.
PARKING
SPACE: The space required to park one motorized vehicle.
PAYBACK
AGREEMENT: See Section 49.3 C. (2) c. (1).
PERSON:
Any natural person, firm, partnership, association or corporation,
but this definition does not include any governmental unit.
PET:
Refer to Section 35.1 C.
PETROLEUM:
A natural, yellow-to-black, thick, flammable liquid hydrocarbon
mixture found principally beneath the earth's surface and processed
for fractions including natural gas, gasoline, naphtha, kerosene,
fuel and lubricating oils, paraffin wax, asphalt, and a wide variety
of derivative products.
PHILANTHROPIC:
An action or institution designed to promote human welfare.
PLANNED
UNIT DEVELOPMENT: An area of land, controlled by one or more
land-owners, to be developed under unified control or unified plan
of development for a number of dwelling units, commercial, educational,
recreational, or industrial uses, or any combination of the fore-going,
the plan for which does not correspond in lot size, bulk or type
of use, density, lot coverage, open space or other restriction to
the existing land use regulations.
PLANNING
COMMISSION AGENDA: The agenda, a list of items to be heard by
the Planning Commission at its regularly scheduled or special meeting,
shall include all items which in the opinion of the Development
Services Director meet the minimum submittal requirements. No item
not on the agenda shall be heard by the Planning Commission without
approval of the Development Services Director.
PLANNING
DIVISION : The El Paso County Planning Division of the Development
Services Department.
DEVELOPMENT
SERVICES DIRECTOR: (Planning Administrator), Director of the
El Paso County Development Services Department.
PLANTING
EASEMENT: An easement for landscaping, visual, or noise buffering.
PLASTER
OF PARIS: Any of a group of gypsum cements, essentially hemihydrated
calcium sulfate, a white powder that forms a paste when mixed with
water and hardens into a solid.
PLAT:
A map and supporting materials of certain described land prepared
in accordance with subdivision regulations as an instrument for
recording of real estate interests with the County Clerk and Recorder:
(a)
PRELIMINARY PLAN: A map or maps showing the preliminary design
of a proposed subdivision, together with such information, supporting
data and other requirements as are necessary to comply with the
provisions of these Regulations.
(b)
FINAL PLAT: A map or maps indicating the final design of
the proposed subdivision supported by the necessary engineering
data and legal documentation, as set forth in these regulations
and in the Colorado Revised Statutes.
(c)
VACATION PLAT: A map indicating a proposed
vacation of a dedicated street, road or easement, or a vacation
of a subdivision to raw acreage.
PLAT
RESTRICTION: A restriction placed upon a subdivision plat or
separate recorded document that may prohibit issuance of building
permits or sale, transfer or conveyance of lots while serving as
the security to guarantee construction of public improvements or
other facilities. (See Section 49.4.)
PORCH:
A roofed or unroofed open structure projecting from the front, side
or rear wall of a building.
POULTRY
FARM: A farm devoted to the raising of domestic fowl, such as
chickens, turkeys, ducks, or geese for flesh or eggs.
PRINCIPAL
BUILDING OR USE: A building in which is conducted the main or
principal use of the lot on which said building is situated.
PRISON,
PRIVATE: A privately owned and operated facility for the confinement
of individuals either awaiting trial or serving sentences. This
term does not include halfway houses.
PROPERTY
LINES: Those imaginary lines outlining the boundaries of properties
or lots for the purposes of description in sale, lease, building
development or other separate use of property.
PROPRIETARY
SCHOOL: A facility offering instruction in such activities as
art, business, driving, or construction. The term includes, among
other things, trade schools, secretarial schools, and dance schools.
PUBLIC
BUILDING AND/OR STRUCTURE: As defined only
for the purpose of determining potential exemptions from the Area
Building Code, any building and/or structure designed or intended
to be normally or customarily open to public use or occupancy by
multiple families. Included in this definition are all buildings
and/or structures used for retail or wholesale trade where outside
customers can be expected enter the premises on more than an occasional
basis, all other buildings and/or structures used for non-agricultural
businesses that do not qualify as home occupations or rural home
occupations, all buildings and/or structures (including but not
limited to educational institutions, religious institutions and
community buildings) normally open to public assembly, all buildings
and/or structures used as childcare facilities, adult care homes
or group homes, and all residential buildings or structures designed
for occupancy by multiple households, with the exception of secondary
dwelling units or farm or ranch hand, and caretaker's quarters.
PUBLIC
PARK: A parcel of land devoted primarily to recreation, operated
by a govern-mental or quasi-governmental entity, (Federal, State,
County, City, Town, Metropolitan District, Special Purpose District,
School Dis-trict).
PUBLIC
UTILITY: Public Utility as defined by Section 401103, C.R.S.,
1973.
PUBLISHING
COMPANIES: 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 lithography.
RACE TRACK: A course on which races are run. Includes
accessory structures and uses such as concessions, grandstands,
bleachers, horse barns, kennel structures, etc. The definition spe-cifically
excludes schools or related indoor and outdoor running tracks.
RANCH:
See FARM.
RAP
STUDIO: An establishment which upon payment of a fee provides
either for individuals or groups, an encounter with an emphasis
on "Specified Sexual Activities" or "Specified Anatomical
Areas", as defined herein.
RECREATIONAL
VEHICLE: A vehicle used for temporary habitation and used for
travel, vacation or recreation purposes. The term shall include
travel trailers, campers, motor homes, truck campers and similar
terms.
RECREATION
CAMPS: 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.
REGULATORY
REVIEW COMMITTEE: An advisory Committee appointed by the Board
of County Commissioners whose responsibility it is to review existing
land development regulations and make suggestions for changes.
RELIGIOUS
HOUSING: Any residential dwelling(s) for permanent or overnight
occupation associated with a religious institution, including religious
retreats, convents, monasteries, seminaries operating in conjunction
with a church on site, church-sponsored orphanages, and similar
religious dormitories and housing facilities. This term does not
include major religious facilities that have significant recreation
and outdoor activity components associated with them, such as church
camps, which are to be regarded as "recreation camps."
RELIGIOUS
INSTITUTION: An establishment for the conduct of religious activities,
limited to sanctuary, educational classrooms, daycare and a single
parsonage/rectory.
RENEWABLE
WATER: Surface water and alluvial ground water. Renewable ground
water is found in, but not limited to, the alluvium found in the
drainage systems of Big Sandy Creek, Black Squirrel Creek, Cherry
Creek, Fountain Creek, Jimmy Camp Creek, Kiowa Creek, Monument Creek,
Sand Creek and Williams Creek.
REPAIR
SHOP: A business, the primary purpose of which is to engage
in repair of household appliances, television, clocks and watches,
stereos, or various types of small electronic equipment and computers.
RESIDENTIAL
CHILD CARE FACILITY: A facility licensed by the Colorado Department
of Social Services pursuant to C.R.S. §§26-6-101 et seq.
to provide twenty-four (24) hour group care and treatment for five
(5) or more children operated under private or nonprofit sponsorship.
A "Residential Child Care Facility" may be eligible for
designation by the Executive Director of the Colorado Department
of Institutions pursuant to Article 10 of Title 27 of the Colorado
Revised Statutes.
RESTAURANT:
A food service establishment whose primary business is the sale
of food in a ready-to-consume state. Any such establishment serving
alcoholic beverages under C.R.S. Section 12-47-119 (Hotel and Restaurant
License) shall also be regarded as a restaurant.
RESORTS:
See RECREATION CAMPS.
RIDING
STABLE AND/OR ACADEMY: An establishment which rents, boards
or leases riding horses or ponies and/or gives lessons to develop
horsemanship.
RIGHT-OF-WAY:
The entire dedicated tract or strip of land that is to be used by
the public for various road purposes. The length and width of a
right-of-way shall be sufficient to provide adequate accommodations
for all the physical features to be included in the said right-of-way.
ROAD,
MAINTAINED: A public road that has been accepted by a governmental
agency for maintenance.
ROAD,
PRIVATE: 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.
ROAD,
PUBLIC: A right-of-way or easement for purposes of access which
is not in private ownership. This term shall include rights-of-way
and easements however acquired by the public, including dedication
and prescription.
RODEO:
A public performance which includes bronco riding, calf roping,
steer wrestling, bull riding, or other related events.
RUNWAY:
A defined area on an airport prepared for landing and takeoff of
aircraft along its length.
RUNWAY,
LARGER THAN UTILITY: Non-precision instrument, precision instrument,
utility, visual: See Section 30.
SALE: The exchange of property or services for money
or its equivalent.
SANITARIUM:
An institution for the treatment of chronic diseases or for medically
supervised recuperation.
SAWMILL:
A mill or machine for sawing logs and storage of said logs.
SCRAP
TIRE ONLY DISPOSAL FACILITY: A location and facility at which
the deposit, final treatment and disposal of whole, split, or shredded
scrap tires occurs.
SCRAP
TIRE RECYCLING: The sale of scrap tires in the used-tire market,
the sale of tire casings or carcasses for retreading purposes, or
the extraction of useful materials or energy from the tires through
thermal, chemical, or physical processing. See Colorado Department
of Health "Regulations Pertaining to Solid Wastes Disposal
Sites and Facilities."
SCRAP
TIRE RECYCLING FACILITY: A facility at which 10,000 or more
scrap tires are held in inventory. See Colorado Department of Health
"Regulations Pertaining to Solid Wastes Disposal Sites and
Facilities".
SEASONAL
PRODUCE STAND: A stand where fruits and vegetables which are
sold only during certain months of the year. To include Agricultural
Stand.
SETBACK:
The minimum distance between the lot line and the location of structures
or buildings.
SETBACK
LINE: A line parallel with a lot line of a lot, tangent to that
part of a building or other structure situated on such lot which
is closest to such lot line and intersecting two other lot lines
of such lot.
SHOWER
AND BATH FACILITIES: A structure equipped with shower and bath
facilities.
SIGN:
(See also Section 35.4)
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 said
highway for advertising purposes.
ANNOUNCEMENT
SIGN: A sign which directs attention to a business or profession
conducted, or to a commodity, service, or entertainment sold, or
offered upon the premises where such sign is located or to which
it is affixed.
