CHAPTER 17.08

 

CONSISTENCY WITH COMPREHENSIVE PLAN

 

17.08.010 Designated.

    1. These regulations are intended to promote land use patterns consistent with the intent and direction established by the comprehensive plan for the LaJunta community.

 

CHAPTER 17.10

 

JURISDICTION

 

17.10.010 Designated

    1. The jurisdiction of these Zoning Regulations shall apply to all land located within the corporate limits of the City of LaJunta, Colorado.

 

CHAPTER 17.12

 

RULES AND DEFINITIONS

 

 

 

17.12.010 Grammatical Rules

    1. In the interpretation of these regulations, the provisions and rules of this chapter shall be observed and applied, except when the context clearly requires otherwise:
    1. Words used in the present tense shall include the future.
    2. Words in the singular number include the plural number and also the plural includes the singular.
    3. The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for", and "occupied for".
    4. The word "shall" is mandatory.
    5. The word "may" is permissive.
    6. The word "person" includes individuals, firms, corporations, associations, governmental bodies and agencies, and all other legal entities.
    7. The word "Board" means the LaJunta Board of Adjustment"
    8. Unless otherwise specified, all distances shall be measured horizontally.
    9. The word "City" means City of LaJunta, Colorado.
    10. The word "County" means Otero County, Colorado.
    11. The abbreviation "N/A" means not applicable.

 

    1. Any word or phrase which is defined in this Article or elsewhere in these regulations shall have its meaning as so defined whenever the word or phrase is used in these regulations, unless such definition is expressly limited in its meaning or scope.

 

17.12.020 Definitions generally.

    1. For the purpose of this Ordinance, certain terms or words used in this Ordinance shall be interpreted or defined as set forth in Sections 17.12.030 through 17.12.1730 unless the context clearly indicates otherwise.
    2. Words or terms not defined in Sections 17.12.030 through 17.12.1730 shall have their ordinary meaning in relation to the context.

 

17.12.030 Accessory building "Accessory building" means a subordinate building or portion of the main building, the use of which customarily is incidental to that of the main building or to the main use of the premises.

 

17.12.040 Accessory Use. "Accessory Use" means a use of land customarily incidental and subordinate to the use of the principal building on the same lot or tract.

 

17.12.050 Agriculture. "Agriculture" means the use of a tract of land for the growing of crops, pasturage, nursery, dairying, animal and poultry husbandry and the sale of such products on the premises that are produced on the premises. Agriculture shall also include the structures necessary for carrying out the farming operation but shall not include feed lots.

 

17.12.060 Airport or Heliport. "Airport or Heliport" means any landing area, runway or other facilities designed, used or intended to be used either publicly or privately by any person or persons for the landing and taking off of aircraft, including all necessary taxies, aircraft storage, tie-down areas, hangars, or other necessary uses, and open spaces.

 

17.12.070 Alley "Alley" means a public thoroughfare which provides only a secondary means of access to abutting property, the right-of-way of which is twenty feet or less in width.

 

17.12.080 Alley Line" "Alley Line" means the line of division between the public travelway comprising the alley and the private lot.

 

17.12.090 Alteration "Alteration" means, as applied to a building or structure, a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing in height or the moving from one (1) location or position to another, shall be considered as an alternation.

 

17.12.100 Animal Hospital or Animal Clinic "Animal Hospital" or "Animal Clinic" means an establishment where animals are admitted principally for examination, treatment, board or care, by a doctor of veterinary medicine. This does not include open kennels or runs.

 

17.12.110 Apartment. ¾ For "apartment," see "dwelling, multiple-family."

 

17.12.120 Approved Public Sanitary Sewer System. "Approved public sanitary sewer system" means a sewage disposal plant, main sanitary sewer lines and other lines approved by the governing body of the city, and/or the board of county commissioners of the county, and by the State Department of Health.

 

17.12.130 Approved Public Water System. Approved public water system" means water treatment plant and service lines approved by the governing body of the city, and/or the board of county commissioners of the county, and by the State Department of Health.

 

17.12.140 Attached Single Family Dwelling. ¾ See Section 17.12.510.

 

17.12.150 Automobile, Truck and Trailer Sales and Service. "Automobile, Truck and Trailer Sales and Service" means a building or premises used for the display and/or sales of new or used automobiles, trucks or trailers and where only minor repair work is performed.

 

17.12.160 Automobile Service Station. "Automobile Service Station" means a structure and surrounding land used for the storage and sale of petroleum fuel, including self-service, primarily to passenger vehicles and/or for accessory uses, such as the sale of lubricants, accessories, or supplies; the incidental washing of motor vehicles, and the performing of minor repairs; but not including tire recapping, body repairs, major overhaul, provision of rental equipment, or open sales lots.

 

17.12.170 Basement. "Basement" means a story having part, but not less than one-half, of its height below grade.

 

17.12.180 Bed and Breakfast Inn. " Bed and Breakfast Inn" means a residential structure other than a hotel or boarding house, where for compensation and by pre-arrangement for definite short-term periods, sleeping rooms and meals are provided for one or more persons, provided that in all allowable residential districts, the number of such sleeping rooms shall not exceed a maximum of six (6) such units.

 

17.12.190 Block. "Block" means a piece or parcel of land entirely surrounded by public highways, streets, streams, railroad right-of-way, parks, or a combination of thereof.

 

17.12.200 Board of Adjustment. "Board of Adjustment" means the legally appointed municipal board empowered to hear and decide appeals from, and to provide interpretations of, the terms of the zoning ordinance and official map as defined within this ordinance and in accordance with the laws of the State of Colorado.

 

17.12.210 Boarding House. "Boarding House" means a building other than a hotel where, for compensation and by pre-arrangement for definite periods, meals, or lodging and meals, are provided for three or more persons, but not exceeding twenty persons.

 

17.12.220 Buildable Area. "Buildable Area" means that area of a parcel or lot within which a structure can be constructed without conflicting with any requirements established by these Regulations.

 

 

17.12.230 Building. "Building" means any structure designed, or intended for the enclosure, shelter or protection of persons, animals or property. When a structure is divided into separate parts by un-pierced walls from the ground up, each part is deemed a separate building.

 

17.12.240 Building Height. "Building Height" means the vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of a flat roof; to the deck line of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof. (See illustration at the end of this chapter.)

 

17.12.250 Building Inspector. "Building Inspector" means the person or persons designated by the governing body to administer the municipal building codes including the terms of this ordinance, as defined. (See Building Official).

 

17.12.260 Building Official. "Building Official" means the person or persons designated by the governing body to administer the municipal building codes and the terms of this ordinance, as defined, whether such person or persons be entitled Building Official, Building Inspector, Director of Public Works, Enforcing Officer, City Engineer, or Zoning Official.

 

17.12.270 Building, Principal. "Building, Principal" means a non-accessory building in which a principal use of the lot on which it is located is conducted.

 

17.12.280 Building Site. "Building Site" means the land area, consisting of one or more lots or parcels of land under common ownership or control, considered as the unit of land occupied or to be occupied by a main building or buildings and accessory building, or by a principal use or uses accessory thereto, together with such parking and loading spaces, yards, and open spaces as are required by these Regulations.

 

17.12.290 Bulk Regulations. "Bulk Regulations" means regulations controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. Bulk regulations include regulations controlling: (1) maximum height, (2) maximum lot coverage, and (3) minimum size of yard and setbacks.

 

17.12.300 Business and Professional Office "Business and Professional Office" means the office of an architect, engineer, attorney, real estate or insurance agent, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing, or administration.

 

17.12.310 Campgrounds "Campgrounds" means a parcel of ground, which provides space for transient occupancy and is used or intended to be used for the parking of one (1) or more camping trailers, tents, or similar recreational vehicles. No camper shall occupy a campground except on a temporary basis. The term campgrounds does not include sales lots of which unoccupied camping trailers, whether new or used, are parked for the purpose of storage, inspection or sale.

 

17.12.320 Carwash "Carwash" means an establishment having facilities designed or used exclusively for washing or cleaning passenger motor vehicles.

 

17.12.330 Canopy or Marquee "Canopy or Marquee" means a roof-like structure of a permanent nature, which projects from the wall of a building and overhangs the public right-of-way.

 

17.12.340 Cellar. "Cellar" means a story having more than one-half of its height below grade.

 

17.12.350 Child Care "Child Care" means the process of caring for less than four (4) unrelated minor children as a service with or without financial arrangements. Child care shall include the term "baby-sitting" but shall not include preschools.

 

17.12.360 Child Care Center "Child Care Center" means a day nursery providing care for four (4) or more children for part of all of a day or night away from the home of the parent or legal guardian; and including full day group care, nursery schools, play groups, head start centers giving emphasis to special programming for children, kindergartens not operated by the public schools, and other establishments offering care to groups of children. Such centers shall meet all licensing requirements of the State of Colorado.

 

17.12.370 City Council or the Council. City Council" or "The Council" means the city council of the city of LaJunta, Colorado.

 

17.12.380 Clinic. ¾ For "Clinic" see "Medical, dental or health clinic."

 

17.12.390 Club or Lodge. "Club" or "Lodge" means a non-profit association or organization formed for either fraternal, social, educational, philanthropic or other similar purposes, including unions and professional organizations.

 

17.12.400 Cluster Housing ¾ See "Condominium", "Dwelling Multiple" and "Townhouse". Also see "Planned Unit Development".

 

17.12.410 Common Open Space. "Common Open Space" means an area of land or water or combination thereof planned for passive or active recreation, which does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas. However, the area of recreational activities such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as open space.

 

17.12.420 Comprehensive Plan "Comprehensive Plan" means the duly adopted comprehensive plan for the development of the community which includes maps, charts, illustrations, concepts and texts for the following:

 

    1. Land Use Studies
    2. Goals and objectives
    3. Population study and forecasts
    4. Economy
    5. Housing
    6. Transportation
    7. Central business district
    8. Community facilities
    9. General development plan

 

17.12.430 Condominium. "Condominium" means a multiple-family dwelling structure wherein the separate dwelling units are individually owned as opposed to rental units in an apartment.

 

17.12.440 Day Nursery. ¾ See "Child Care Center".

 

17.12.450 Density "Density" means restrictions on the number of dwelling units that may be constructed per acre or per square foot of a zoning lot area.

 

17.12.460 Developer "Developer" means the legal or beneficial owner or owners of all of the land proposed to be included in a proposed development or the duly authorized agent thereof. The holder of an option or contract to purchase, a lessee having a remaining term of not less than forty (40) years, or other person having an enforceable proprietary interest in such land, shall be deemed to be a developer for the purpose of these Regulations.

 

17.12.470 District "District" means a section or sections of the city and/or county for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.

 

17.12.480 Drive-In Service "Drive-In Service" means a type of retail sales establishment which encourages, recognizes, or permits patrons or customers to call for service by the flashing of lights or by the parking of motor vehicles at a particular place, intended to result in a cash sale and delivery outside of the places of business to such patrons or customers of food or beverage ready and intended for immediate human consumption without cooking or further preparation.

 

17.12.490 Dump "Dump" means a lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste of material of any kind.

 

17.12.500 Dwelling "Dwelling" means any building or portion thereof which is designed and used exclusively for residential purposes.

 

17.12.510 Dwelling, Attached. "Dwelling, Attached" means a residential building, which is joined to another dwelling at one or more sides by a party wall or walls.

 

17.12.520 Dwelling, Detached. "Dwelling, Detached" means a residential building, which is entirely surrounded by open space on the same lot.

 

17.12.530 Dwelling, Multiple-family. "Dwelling Multiple-family" means a building having accommodations for and occupied exclusively by more than two families.

 

17.12.540 Dwelling, Single-family. "Dwelling Single-family" means a building having accommodations for and occupied exclusively by one family.

 

17.12.550 Dwelling, Two-family. "Dwelling Two-family" means a building having accommodations for and occupied exclusively by two families.

 

17.12.560 Dwelling Unit "Dwelling Unit" means a room or group of rooms with culinary and sanitary facilities, which are designed or intended, for occupancy by a single family.

 

17.12.570 Established Building Line. "Established Building Line" means a building setback line generally parallel to the street right-of-way line established by a plat of record, by existing principal buildings in a block, or by this Zoning Regulation.

 

17.12.580 Exception. Exception means the allowance of a use within a given district by the Board of Adjustment. Exceptions shall be limited to only those specifically authorized and listed in the zoning ordinance.

 

17.12.590 Family. "Family" means one or more persons related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of not more than four unrelated persons living together as a single housekeeping unit; plus in either case, associated domestic servants.

 

17.12.600 Fence. "Fence" means a free-standing structure of metal, masonry, glass, or wood, evergreen planting or any combination thereof resting on or partially buried in the ground and rising above ground level and used for confinement, screening, or partition purposes.

 

17.12.610 Fence, Site Obstructing. "Fence" means a free-standing structure of metal, masonry, glass or wood, or evergreen plantings, or any combination thereof resting on or partially buried in the ground which shall be of such height and of such construction as necessary to block the view from outside by motorists and pedestrians. Visual density of the fence shall be at least 90 percent.

 

17.12.620 Floodplain. "Floodplain" means that land area subject to inundation from surplus stormwater as defined by the HUD flood insurance study and as depicted on the flood insurance rate map for the community.

 

17.12.630 Floor Area. "Floor Area" means the gross floor area of the building or the several floors in the building.

 

17.12.640 Fraternal, Civic and Social Organizations. "Fraternal, Civic and Social Organizations" means a corporation, partnership, business trust or association which is non-profit, which has been exempted from the payment of federal income taxes and which the sale of alcoholic beverages to members and their guests may be allowed under State Statutes provided it is secondary and incidental to the promotion of some other common objective of the organization. Said organizations may include, but are not limited to the following: VFW, Eagles, Elks, Knights of Columbus, American Legion, Masonic Lodges and Moose Lodges.

 

17.12.650 Frontage. "Frontage" means all the property on one side of a street between the two intersecting streets (crossing or terminating) measured along the line of the street. Where a street is dead ended, the frontage shall be considered as all that property abutting on one side between an intersecting street and the dead end of the street.

 

17.12.660 Garage, Private "Garage, private" means an accessory building designed or used for the storage of not more than four motor driven vehicles owned and used by the occupants of the building to which it is accessory.

17.12.670 Garage, Public. "Garage, public" means a building designed, or portion thereof, other than a private or storage garage, designed or used for equipping, repairing, hiring, servicing, selling or storing motor-driven vehicles.

 

17.12.680 Garage, Storage. "Garage Storage" means a building, or portion thereof, designed or used exclusively for housing four or more motor-driven vehicles.

 

17.12690 Governing Body. "Governing Body" means, unless otherwise specified, the City Council of the City of LaJunta, Colorado.

 

17.12.700 Grade "Grade" means adjacent ground elevation is the lowest point of elevation of the finished surface of the ground, pavement or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.

 

17.12.710 Group Home. "Group Home" means a residence providing accommodation for not more than eight (8) developmentally disabled persons, nor more than eight (8) persons sixty years of age or older as defined by C.R.S. 31-23-303, and operated in accordance with the requirements and conditions of state statute.

 

17.12.720 Home Occupation. "Home Occupation" means an accessory occupational use conducted entirely within a dwelling unit by the occupants thereof, which is clearly incidental to the use of the structure for residential purposes and does not change the residential character of the site.

 

17.12.730 Hospital. "Hospital" means an establishment, which provides sleeping, and eating facilities to persons receiving medical, obstetrical or surgical care and nursing service on a continued basis.

 

17.12.740 Hotel or Motel. "Hotel or Motel" means a building or structure which is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are offered for pay primarily top transient guests and in which four (4) or more rooms are used for the accommodation of such guests, regardless of whether such building or structure is designated as a cabin camp, tourist cabin, motel or other type of lodging unit. This definition does not include bed and breakfast establishments.

 

17.12.750 Institution of Higher Learning. "Institution of higher learning" means a college, university or incorporated academy providing general academic instruction equivalent to the standards prescribed by the State Board of Education. Dormitories, fraternity houses, sorority houses and other student housing which are constructed on campus shall be considered accessory buildings.

 

17.12.760 Institution, Non-profit. "Institution, Non-profit" means a building occupied by a non-profit corporation or a non-profit establishment for public use.

 

17.12.770 Junk or Salvage Yard. "Junk or Salvage Yard" means a lot, parcel, or tract of land, including buildings, used primarily for the collection, storage and sale of waste paper, rags, scrap metal, or other discarded material; or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.

 

17.12.780 Kennel. "Kennel" means any place, area, building or structure where dogs and cats (including those under one year of age) are boarded, housed, cared for, fed, or trained by other than the owner, or where more than three dogs and cats more than one year of age are kept for purposes of breeding, raising, or as pets.

 

17.12.790 Laboratory, Medical. "Medical Laboratory" means an establishment, which provides bacteriological, biological, medical, X-ray, pathological and other similar analytical or diagnostic services.

 

17.12.800 Landscaping. "Landscaping" means the improvement of a lot, parcel, or tract of land with grass and shrubs and/or trees. Landscaping may include pedestrian walks, flower beds, and ornamental objects such as fountains, statuary, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

 

17.12.810 Laundry. "Laundry" means an establishment where commercial laundry work is undertaken.

 

17.12.820 Laundry, Self-service. "Laundry, Self-service" means an establishment equipped with individual coin-operated washing, drying or dry-cleaning machines.

 

17.12.830 Loading or Unloading Space. "Loading or Unloading Space" means an off-street space or berth, on the same tract and contiguous with the principal building or group of buildings for the temporary parking of commercial vehicles for loading and unloading merchandise or materials.

 

17.12.840 Lodginghouse. "Lodginghouse" means a building or place where lodging is provided, or which is equipped regularly to provide lodging, by pre-arrangement for definite periods, for compensation for three or more persons in contradistinction to hotels open to transients.

 

17.12.850 Lot. "Lot" means a parcel or tract of land (legally described or platted) which is on record in the office of the Register of Deeds. For the purpose of this regulation, a lot shall have a frontage upon a public street.

 

17.12.860 Lot Area. "Lot Area" means the total area within the property lines of the lot, plot or tract.

 

17.12.870 Lot, Corner. "Lot, Corner" means a lot, abutting two or more streets at their intersection. (See illustration at the end of this chapter.)

 

17.12.880 Lot Coverage. "Lot Coverage" means the total area of building expressed as a percentage of the total lot, plot or tract.

 

17.12.890 .Lot, Depth of "Lot, Depth of" means the mean horizontal distance between the front and the rear lot lines. (See illustration at the end of this chapter.)

 

17.12.900 Lot, Double Frontage. "Lot, Double Frontage" means a lot having a frontage on two non-intersecting streets as distinguished from a corner lot. (See illustration at the end of this chapter.)

 

17.12.910 Lot, Interior. "Lot, Interior" means a lot other than a corner lot, which has frontage on one street only. (See illustration at the end of this chapter.)

 

17.12.920 Lot Line "Lot Line" means the property line bounding a lot either on the front, side or rear of the property.

    1. The front lot line is the lot line separating the lot from the street, other than an alley, and in the case of a corner lot, the shortest lot line along a street, other than an alley.
    2. The rear lot line is the lot line which is opposite and more distant from the front lot line and in the case of an irregular, triangular or other shaped lot, a line ten (10) feet in length within the lot parallel to and at a maximum distance from the front lot line.
    3. The side lot line is any lot line, which is not a front or rear lot line.

 

17.12.930 Lot of Record. "Lot of Record" means a lot which is a part of a subdivision, the map of which has been recorded in the office of the County Clerk and Recorder, or a lot described by metes and bounds, the description of which has been recorded in the office of the County Clerk and Recorder.

 

17.12.940 Lot Width. "Lot Width" means the horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.

 

17.12.950 Lot, Zoning. "Lot, Zoning" means a parcel or tract of land used, developed, or built upon under single ownership or control. Said parcel or tract may consist of one or more lots of record, one or more portions of a lot or lots of record, or any combination thereof.

 

17.12.960 Manufacture. "Manufacture" means any method of processing, developing, fabricating, assembling, either raw materials, semi-finished materials or parts into a semi-finished or finished product.

 

17.12.970 Manufactured Home, Equivalent Performance. "Manufactured Home, Equivalent Performance" means a single-family dwelling which:

    1. Is partially or entirely manufactured in a factory.
    2. Is not less than twenty-four feet in width and thirty-six feet in length.
    3. Is installed on an engineered permanent foundation.
    4. Has brick, wood or cosmetically equivalent exterior siding and a pitched roof.
    5. Is certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974", 42 U.S.C. 5401 et seq., as amended.

 

17.12.980 Medical, Dental or Health Clinic. "Medical, Dental or Health Clinic" means any building designed for use by one or more persons lawfully engaged in the diagnosis, care and treatment of physical or mental diseases or ailments of human beings; including, but not limited to, doctors of medicine, dentists, chiropractors, osteopaths, optometrists and podiatrists, and in which no patients are lodged overnight.

 

 

17.12.990 Mobile Home. "Mobile Home" means any manufactured housing unit designed and intended for permanent year-round habitation not meeting the definition of "manufactured home", or "manufactured home, equivalent performance". This definition does not include recreational vehicles, campers or other forms of temporary or seasonal housing.

 

17.12.1000 Mobile Home Park. "Mobile Home Park" means any area, parcel or tract of land, which has been planned or designed and used, or intended to be used, by one or more occupied mobile homes or manufactured homes or manufactured home, equivalent performance, not placed on permanent concrete footings and foundations. Mobile home parks are under one ownership and control and under no circumstances shall the individual mobile home spaces or lots be sold or offered for sale. The term mobile home park does not include sales lots on which occupied or unoccupied mobile homes or manufactured homes, whether new or used, are for the purpose of storage, inspection or sale.

 

17.12.1010 Mobile Home Subdivision. "Mobile Home Subdivision" means any area, piece, parcel, tract or plot of ground used or intended to be used for the purpose of selling lots for occupancy by mobile homes.

 

17.12.1020 Mortuary. "Mortuary" means an establishment in which the deceased are prepared for burial or cremation. The facility may include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings and/or display of funeral equipment.

 

17.12.1030 Motel. - See Hotel definition

 

17.12.040 Non-conforming Building. "Non-conforming Building" means the use of a building or portion thereof lawfully existing at the time of the passage of the zoning ordinance and amendments thereto, which does not conform with the provisions of this title or amendments thereto.

 

17.12.1050 Non-conforming Lot of Record. "Non-conforming Lot of Record" means a lot which is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the adoption of subdivision regulations and neither said lot or parcel complies with the lot width or area requirements for any permitted uses in the district in which it is located.

 

17.12.1060 . "Non-conforming Use" means any land lawfully occupied by a use, at the time of the passage of the ordinance codified in this title or amendments thereto, which does not conform with the provisions of this title or amendments thereto.

 

17.12.1070 Nursing Homes or Convalescent Homes. "Nursing Homes or Convalescent Homes" means an institute or agency licensed by the State for the reception, board, care, or treatment of three or more unrelated individuals, but not including facilities for the care and treatment of mental illness, alcoholism, or narcotics addiction.

 

17.12.1080 Open Space. "Open Space" means a parcel of land that is not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space may be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities.

 

17.12.1090 Owner "Owner" means any person, agent, firm or corporation having a legal or equitable interest in the property.

 

17.12.1100 Park. "Park" means a public or private area of land, with or without buildings, intended for outdoor activities or passive recreational areas.

 

      1. Parking Lot. Parking Lot" means an open area, other than a street, used for the parking of automobiles.

 

17.12.1120 Parking Space. "Parking Space" means an area surfaced for the purpose of storing one parked automobile. For the purpose of this title, one parking space shall have a minimum width of nine feet and a minimum length of twenty feet. In computing off-street parking, additional space shall be required off-street for access drives to each parking space.

 

11.12.1130 Paved Parking. "Paved Parking" means a vehicular parking area which has been surfaced with an applied material, such as concrete or asphalt, which shall be of sufficient quality and consistency to provide a dust-free all-weather condition.

 

17.12.1140 Permanent Foundation. "Permanent Foundation" means a foundation formed of poured-in-place concrete or masonry units laid up with such reinforcing materials as may be required for quality construction.

 

      1. Person. "Person" means every natural person, firm, partnership, association or corporation.

 

17.12.1160 Personal Services Establishment. "Personal Service Establishments" shall include

barbershops, beauty shops, shoeshine shops, cleaning and laundry pick up stations,

shoe repair shops, self service laundry, custom dress making, furrier, millinery and

tailor shops and similar personal service uses.

 

17.12.1170 Place or Court. "Place or Court" means an open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

 

17.12.1180 Planned Unit Development. "Planned Unit Development" means a tract of land, meeting specified minimum site size, whereon all elements of development may be designed as interrelated aspects of an overall improvement concept in accordance with the provisions of Chapter 17.32 of this ordinance.

 

17.12.1190 Planning Commission. "Planning Commission" means the planning commission of the City of LaJunta, Colorado.

 

17.12.1200 Plat. "Plat" means a layout of a subdivision indicating the location and boundaries of individual properties.

 

17.12.1210 Platting. Whenever the terms platting, platted or subdivided are used in the zoning ordinance it shall refer to the process established by the duly adopted subdivision regulations by the City planning Commission.

 

17.12.1220 Preschool. "Preschool" means a public or privately owned facility with defined curriculum which offers preparatory education for minor children aged 5 years and younger. The term does not include kindergarten. Such facility shall meet all state requirements for licensure.

 

17.12.1230 Premises "Premises" means a parcel together with all buildings and structures thereon.

 

17.12.1240 Professional Office. "Professional Office" means any building or part thereof used by one or more professional persons such as architects, engineers, planners, lawyers, accountants, bookkeepers, realtors, insurance agents, brokers, sales representatives and contractors, and similar uses.

 

17.12.1250 Public Improvement. "Public Improvement" means any work within dedicated rights-of-way or easements.

 

      1. Public Utility. "Pubic Utility" means any business which furnishes the general public telephone service telegraph service, electricity, natural gas, or water, and any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the state.

 

17.12.1270 Quasi-Public. "Quasi-Public" means essentially a public use, although under private ownership or control.

 

17.12.1280 Recreational Vehicle. "Recreational Vehicle" means a vehicular unit, other than a mobile home or a manufactured home, whose gross floor area is less than 320 square feel (29.7m2), which is designed as a temporary dwelling for travel, recreational and vacation use, and which is either self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, truck camper, motor home, fifth-wheeler trailer or van.

 

17.12.1290 Recycling Facility. "Recycling Facility" means any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to scrap metals, paper, rags, tires, bottles and other such materials.

 

17.12.1300 Renovation. "Renovation" means the interior or exterior remodeling of a structure, other than ordinary repair.

 

      1. Restaurant. "Restaurant" means a public eating establishment except drive-ins in

which the primary functions are the preparation and serving of food on the premises.

 

17.12.1320 Restaurant, Drive-In. "Restaurant, Drive-In" means an establishment whose primary purpose is the sale, dispensing or serving of food, refreshment or beverages in automobiles, including those establishments where customers may serve themselves, except that this shall not be construed as to include what is commonly called a cafeteria.

 

      1. Roominghouse. "Roominghouse" means any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire, with or without meals as opposed to hotels, motels and bed and breakfast establishments providing accommodations for transients.

 

17.12.1340 Salvage Yard. "Salvage Yard" means a building or premise where junk, waste, inoperable motor vehicles or discarded and salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, crushed, handled or prepared for recycling.

 

      1. Sanitary Landfill. "Sanitary Landfill" means a lot or parcel of land used primarily for the disposal, abandonment, dumping, burial or burning of garbage, sewage, trash, refuse, junk, discarded machinery or motor vehicles or parts thereof, or other waste, and which is in conformance with the requirements of the State of Colorado.

 

17.12.1360 School. "School" means a public elementary or secondary educational facility which is under direction and control of the State Board of Education and the State Superintendent of Public Instruction and/or a parochial elementary or secondary educational facility which offers the same general curriculum as that provided by a comparable public educational facility.

 

      1. Service Station. "Service Station" means an establishment consisting of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced.

 

17.12.1380 Setback. "Setback" means the distance between the lot line and building line. (See block diagram on page 20.)

 

      1. Sight Triangle. "Sight Triangle" means an area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision up to a height of 4 feet above the height of the curb head of the intersecting streets in the area bounded by the street lines 50 feet inward and away from the point of the intersection as measured at the curb line.

 

17.12.1400 Sign. "Sign" includes any sign or other device which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an advertisement or announcement which directs attention to an object, product, place, activity, person, institution, organization or business, but does not include any display of official notice or official flag.

 

    1. Advertising Sign means a sign which directs the attention of the pubic to any goods, merchandise, property, business service, entertainment, or amusement conducted or produced which is bought or sold, furnished, offered, or dealt in elsewhere than on the premises where such sign is located, or to which it is affixed.
    2.  

    3. Business Sign means a sign which directs attention to a business or profession conducted or to products, services, or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed. A "FOR SALE" sign or a "FOR RENT" sign relating to the property on which it is displayed shall be deemed a business sign.
    4.  

    5. Flashing Sign means any illuminated sign on which the artificial light is not constant in intensity and color at all times. For the purpose of this title, any revolving illuminated sign shall be considered a flashing sign.
    6.  

    7. Illuminated Sign means a sign designed to give forth artificial light, or designed to reflect light derived from any source.
    8.  

    9. Sandwich Sign means an advertising or business ground sign which is constructed in such a manner to form an "A" or tent-like shape, hinged or not hinged at the top and each angular face held at an appropriate distance by a supporting member.

 

      1. Site Plan. "Site Plan" means a plan, to scale, showing uses and structures proposed for a parcel of land. A site plan includes lot lines, streets, building sites, reserved open space, buildings, major landscape features, both natural and manmade, site drainage, and the proposed locations of utility lines.

 

      1. Special Use Permit. "Special Use Permit" means a permit which allows a use as an exception by authorization of the Board of Adjustment.

 

17.12.1430 Storm Shelter. "Storm Shelter" means a weatherproof enclosure of appropriate structural quality to provide safety for occupants from tornadoes and other strong storms, sized according for the expected numbers of users and so located to assure immediate access from the surrounding service area. Storm shelters shall meet the location and construction requirements of the city.

 

      1. Spot Zoning. "Spot Zoning" means the awarding of a use classification to an isolated parcel of land, which is detrimental or incompatible with the uses of the surrounding area.

 

      1. Story. "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.

 

17.12.1460 Street. "Street" means a right-of-way, other than an alley, dedicated to the public use, which provides principal access to adjacent properties.

 

17.12.1470 Street Line. "Street Line" means a dividing line between a lot, tract or parcel of land and the contagious street.

 

17.12.1480 Street Network. "Street Network" includes the following:

    1. "Arterial Street" means a street, which provides for through traffic movement between and around areas and across the direct access to abutting property, subject to necessary control of entrances, exits and curbs uses.
    2. "Collector Street" means a street, which provides for traffic movement between arterial and local streets, with direct access to abutting property.
    3. "Expressway" means a street with divided roadways which provides fast and efficient movement of large volumes of traffic between areas and across the city and which does not provide a land service function.
    4. "Local Street" means a street, which provides direct access to abutting land and for local traffic movement, whether in business, industrial or residential areas.

 

17.12.1490 Structure. "Structure" means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, but not including fences less than six feet in height.

 

17.12.1500 Structural Alterations. "Structural Alternations" means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of this title, the following shall not be considered structural alterations:

    1. Attachment of a new front where structural supports are not changed.
    2. Addition of fire escapes where structural supports are not changed.
    3. New windows where lintels and support walls are not materially changed
    4. Minor repair or replacement of non-structural members.

 

17.12.1510 Subdivision. "Subdivision" means the division of a tract of land into two or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land. Subdivision includes re-subdivision and "re-subdivision" as used in this title, includes any further subdivision of a lot or parcel of land previously subdivided, for sale, use, or other purposes, which varies from the latest, approved subdivision of the same. (In conformity with the S.S. of Colorado, House Bill 1225.)

 

17.12.1520 Subdivision Plat. "Subdivision Plat" means a plan or map prepared in accordance with the provisions of the duly adopted subdivision regulations and recorded with the County Clerk and Recorder of the county. (In conformity with the S.S. of Colorado, House Bill 1225.)

 

17.12.1530 Tavern. "Tavern" means an establishment in which the primary function is the public sale and serving of vinous, or spirituous liquors or fermented malt beverages.

 

17.12.1540 Theater, moving picture. "Theater, moving picture" means a building or part of a building devoted to the showing of moving pictures on a paid admission basis.

 

17.12.1550 Theater, drama. "Theater, drama" means a building or part of a building devoted to stage productions, plays, oratory or other events for paid or unpaid public attendance.

 

17.12.1560 This Ordinance or Title. "This Ordinance or Title" means the document duly approved and adopted by the governing body of the City of LaJunta, Colorado, which establishes zoning requirements, otherwise known as the zoning ordinance.

 

17.12.1570 Townhouse. "Townhouse" means a multiple-family dwelling structure wherein separate dwelling units including the immediately adjacent yard area are individually owned, as opposed to a condominium which does not include ownership of the adjacent yard, or rental units in an apartment.

 

17.12.1580 Tract. "Tract" means a plot or parcel of land, other than a lot in a subdivision, which is recorded in the office of the County Clerk and Recorder of the county as a single plat or parcel of land under individual ownership.

 

17.12.1590 Trailer. ¾ For "trailer", see "Mobile Home" and "Manufactured Home".

 

17.12.1600 Use. "Use" means the specific purpose for which land or a building is used. "Permitted use," or its equivalent, does not include any illegal non-conforming use.

 

17.12.1610 Use, Non-conforming. "Use, Non-conforming" means a use which lawfully occupied a building or land at the time this ordinance became effective, which has been lawfully continued and which does not now conform with these regulations.

 

17.12.1620 Use Regulations. "Use Regulations" means the provisions of these Regulations which identify permitted, special and conditional uses, impose use limitations, and regulate accessory and temporary uses and home occupations.

 

17.12.1630 Use, Temporary. "Use, Temporary" means a use that is authorized by this ordinance to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors’ offices and equipment sheds, fireworks stands, carnivals, flea markets and garage sales.

 

17.12.1640 Variance. "Variance" means the authorization, by the Board of Adjustment, of a variance from the specific terms of the zoning ordinance. Variances are limited to those authorized in the powers and duties of the Board of Adjustment defined in this title.

 

17.12.1650 Way. "Way" means a street or an alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

 

17.12.1660 Yard. "Yard" means a space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground upward.

 

17.12.1670 Yard, front. "Front Yard" means a yard extending across the full width of the lot, the depth of which is the least distance between the street right-of-way and the front building line. (See illustration at the end of this chapter.)

 

17.12.1680 Yard, rear. "Rear Yard" means a yard extending across the full width of the lot between the rear of the main building and the rear lot line, the depth of which is the least distance between the rear lot line and the rear of such main building. Where an alley is platted at the rear of the lots, one-half the width of the alley may be included in the rear yard requirements. (See illustration at the end of this chapter.)

 

      1. Yard, side. "Side Yard" means a yard between the main building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally, at ninety degrees with the side lot line from the nearest point of the side lot line toward the nearest part of the main building. (See illustration at the end of this chapter.)

 

 

17.12.1700 Zone or District. "Zone or "District" means a section of the city for which uniform regulations governing the use, height, area, size and intensity of use of buildings, land and open spaces about buildings are established in this title.

 

17.12.1710 Zoning Administrator. "Zoning Administrator" means the person or persons authorized and empowered by the Governing Body having jurisdiction to administer the requirements of these zoning regulations.

 

17.12.1720 Zoning Area. "Zoning Area" means the area to be zoned as set out on the official Zoning Map filed on record.

 

17.12.1730 Zoning Regulations. "Zoning Regulations", "this or these regulations" means the