Chapter 17.04 GENERAL PROVISIONS AND DEFINITIONSChapter 17.04 GENERAL PROVISIONS AND DEFINITIONS
The following zoning requirements are adopted and shall be and are binding upon those unincorporated lands in the Pueblo Region and situate within the boundaries of Pueblo County, Colorado:
AUGUST 8, 1963 - Beginning at the Northwest (NW) corner of Section Thirty-One (31), Township Nineteen (19) South, Range Sixty-five (65) West; thence Easterly to the Northeast (NE) corner of Section Thirty-six (36), Township Nineteen (19) South, Range Sixty-three (63) West, 95,040 feet, more or less; thence Southerly to the Southeast (SE) corner of Section Twenty-four (24), Township Twenty (20) South, Range Sixty-three (63) West, 26,400 feet, more or less; thence Easterly to the northeast (NE) corner of the Northwest Quarter (NW 1/4) of Section Thirty (30), Township Twenty (20) South, Range Sixty-two (62) West, 2,640 feet, more or less; thence Southerly to the Southeast (SE) corner of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of Section Thirty-one (31), Township Twenty (20) South, Range Sixty-two (62) West, 6,600 feet, more or less; thence Southeasterly along the property line of the Pueblo Depot Activity to the Southeast (SE) corner of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section Thirty-two (32), Township Twenty (20) South, Range Sixty- two (62) West, 4,200 feet, more or less; thence Easterly along the property line of the Pueblo Depot Activity to the Northeast (NE) corner of the South Half (S 1/2) of Section Thirty-five (35), Township Twenty (20) South, Range Sixty-two (62) West, 19,800 feet, more or less; thence Southerly to the Southeast (SE) corner of Section Eleven (11), Township Twenty-one (21) South, Range Sixty-two (62) West, 13,200 feet, more or less; thence Westerly to the Southwest (SW) corner of Section Eleven (11), Township Twenty-one (21) South, Range Sixty-three (63) West, 36,960 feet more or less, thence Southerly to the Southeast (SE) corner of Section Thirty-four (34), Township Twenty-one (21) South, Range Sixty-three (63) West, 21,120 feet, more or less; thence Westerly to the Southwest (SW) corner of Section Thirty-one (31), Township Twenty-one (21) South, Range Sixty-five (65) West, 84,480 feet, more or less; thence Northerly, 68,640 feet, more or less, to the point of beginning, containing an area of 239.37 square miles, more or less.
ADDED JANUARY 6, 1967 - Beginning at the northeast corner of Pueblo County, said point being the intersection of the township line common to Townships 17 and 18 South, and the range line common to Ranges 59 and 60 West of the 6th Principal Meridian; thence west, along the township line common to the said Townships 17 and 18 South, to the range line common to Ranges 67 and 68 West; thence south along the said range line common to the said Ranges 67 and 68 West, to the Fourth Correction Line South; thence west along the said Fourth Correction Line South to the range line common to Ranges 68 and 69 West; thence south, along the said range line common to Ranges 68 and 69 West to the summit of the Greenhorn Range of mountains; thence southward along said range of mountains to the summit of Cuerno Verde Peak; thence northeast in a straight line to Corral de Toros on the Huerfano River, the terminus of said straight line being a point in the NE 1/4 of the SE 1/4 of Section 3, Township 25 South, Range 65 West of the 6th Principal Meridian, thence the east one-quarter corner of the said Section 3 bears N.27 degrees-56 feet E. a distance of 10.862 chains (716.89 feet); thence eastward to the Iron Springs, this point being on the range line common to Ranges 59 and 60 West, and being 11.44 chains (755.04 feet) north of the Southeast corner of Section 36, Township 26 South, Range 60 West of the 6th Principal Meridian; thence north along the range line common to Ranges 59 and 60 to the Fourth Correction Line South; thence east, along said Fourth Correction Line South, to the range line common to Ranges 59 and 60 West; thence north, along the range line common to Ranges 59 and 60 West to the point of beginning; said described County of Pueblo contains 2,414 square miles, more or less.
Except as otherwise provided, no zoning permit shall be issued for a use not specifically mentioned or described unless in the judgment of the County Zoning Administrator or the Pueblo County Planning Commission the proposed use is similar to a use listed. In the case of a proposal for a use not specifically mentioned or described, an amendment may be initiated as provided in Chapter 17.144.
A. Violations. It shall be unlawful to erect, construct, reconstruct, alter, maintain, or use any building or structure or to use any land in violation of the provisions of Title 17 or any amendment thereof. Any person, firm, or corporation, either as owner, lessee, occupant, or otherwise, who violates any of the provisions of Title 17 or any amendment thereof shall be guilty of a misdemeanor.
B. Penalties. The violation of any provision of Title 17 shall be punishable as provided by law. Each day or portion thereof, any violation of any provisions of Title 17 shall continue shall constitute a separate offense.
A. General. When not inconsistent with the content, words used in the present tense including the future; words in the singular number include the plural number; and the masculine includes the feminine.
1. The word "shall" is mandatory.
2. The word "may" is permissive.
3. The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
4. Whenever the words "dwelling" or "dwelling unit," "rooming house," "rooming unit," or "premises" are used, they shall be construed as though they were followed by the words "or any part thereof."
5. The word "building" includes the word "structure;" the term "used" includes the words "arranged," "designed" or "intended to be used," the term "occupied" includes the words "arranged," "designed" or "intended to be occupied."
6. If a term or word causes difficulties in interpretation and is not herein defined or properly described, the County Planning Commission shall define the terms and recommend to the Board of County Commissioners that it amend this resolution to include an appropriate definition.
B. Specific. For the purpose of this resolution certain words and terms are defined as follows. "Flood or Flooding, Floodplain or Flood-Prone Area, Floodproofing, Flood Profile, Flood Intermediate Regional" and any other "flood" terms, refer to Chapter 17.108 Flood Hazard Area Regulations, Section 17.108.050 Definitions.
"Accessory use and building" means a subordinate use of a building, other structure, or tract of land, or a subordinate building or other structure: (a) which is clearly incidental to the use of the principal building, other structure or use of land; (b) which is customary in connection with the principal building, other structure or use of land; and (c) which is ordinarily located on the same lot with the principal building, other structure or use of land.
"Adult amusement or entertainment" means an amusement or entertainment which is distinguished or characterized by an emphasis on acts or material regardless of the medium of communication used, depicting, describing or related to "specified sexual activities" or "specified anatomical areas" as defined herein, including, but not limited to the presentation of topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar such entertainment.
"Adult bookstore or gift shop or adult video store" means a business or other enterprise or establishment having as a substantial and significant portion, but not less than twenty (20) percent, or its stock in trade, revenues, space or advertising expenditures, resulting from the sale, renting or viewing of one or more of the following:
1. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, disks, laser disks, slides or other visual representations or communications which depict or describe specified sexual activities or specified anatomical areas; or
2. Instruments, devices or paraphernalia which are designed for specified sexual activities.
"Adult cabaret" means a nightclub, bar, restaurant or similar type business or establishment which regularly features:
1. Persons who appear in a state of nudity; or
2. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
3. Films, motion pictures, video cassettes, slides, disks or laser disks or other photographic or visual reproductions which are characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
"Adult hotel or motel" means a hotel, motel or similar business establishment which offers private rooms for the temporary occupancy of one or more individuals and provides to the public patrons live performances or closed circuit or in-room television transmissions, films, motion pictures, video cassettes, disks, laser disks, slides or other visual or photographic reproductions which are characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
"Adult motion picture theater" means a business establishment where films, motion pictures, video cassettes, disks, laser disks, slides or similar visual or photographic reproductions are regularly shown which are characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
"Adult photo studio" means a business establishment which, upon payment of a fee, provides photographic or other visual reproduction equipment and/or human models for the purposes of photographing specified sexual activities or specified anatomical areas as defined herein.
"Adult theater" means a theater, concert hall, auditorium or similar business establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
"Adult use" means any one of the following: adult amusement or entertainment, adult bookstore or gift store or video store, adult cabaret, adult hotel or motel, adult motion picture theater, adult photo studio, adult theater, a sexual encounter establishment as are otherwise defined herein.
"Advertising," including "advertise" or "to advertise" or "advertisement," means to describe or "appraise publicly, to call public attention to or to inform or give information by words, symbols or pictures.
"Advertising device" means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or any other contrivance designed, intended or used to advertise or to give information in the nature of advertising and having the capacity of being visible from the travel way of any public road or highway, except any advertising device on a vehicle using the highway. The term "vehicle using the highway" does not include any vehicle parked near the highway for advertising purposes.
"Advertising Device, Directional--Public Place" means an advertising device containing directional information about public places owned or operated by Federal, State or local governments or their agencies. Advertising devices for privately owned or operated places are either on-premises or off-premises advertising devices.
"Advertising Device, Off-Premises" means an advertising device, including "billboard," which purpose is to advertise activities, goods or services not principally or primarily available on the premises upon which the device is located.
"Advertising Device, Official" means any advertising device erected for a public purpose authorized by law, but the term shall not include devices advertising any private business. Authorized by law means a duly enacted statute, rule, regulation, ordinance, declaration or resolution by a governmental entity specifically authorizing the erection of such device by a governmental entity.
"Advertising Device, On-Premises" means an advertising device or business sign whose purpose is to advertise the principal or primary activities, goods or services available upon the premises; or to identify the property upon which the sign is located; or to advertise the property as under construction or for sale or lease.
"Agricultural custom contractor" means the provision of services necessary and customary to farming or ranching operations, requiring special knowledge, expertise or equipment, including the parking, servicing, repairing or maintenance of vehicles designed for on-road hauling of livestock or agricultural products, and including vehicles and machinery designed for the harvesting, planting, cultivating or processing of crops. The use "agricultural custom contractor" shall be considered a use-by-right in the A-1 and A-2 zone districts upon property containing a minimum of five contiguous acres. Notwithstanding the definition set forth herein in the A-3 and A-4 zone districts, the parking, servicing, repairing or maintenance of on-road hauling tractor trailer rigs, commonly termed "eighteen-wheelers," either as a unit, or individually, as trailer or tractor, is prohibited.
"Agriculture". See "Farming" or "Ranching."
"Airfield" means a place on land and/or water, where aircraft may land and/or take off. Does not include heliport.
"Airport" means a place on land or water where aircraft may land to discharge or receive cargo and passengers, make repairs or take on fuel.
"Alley" means a minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
"Alter" means any structural change in the supporting or load bearing members of a building, such as bearing walls, columns, beams, girders or floor joists.
"Amusement facility" means a facility for the amusement and enjoyment of the general public; this term shall include roller coasters, carousels and arcades.
"Antique" means a fine art object, artifact, implement or household furnishing, over fifty (50) years old, which is characteristic of a specified area or country, or which has other historical and artistic significance.
"Apartment House". See "Dwelling, multiple."
"Apartment Hotel". See "Hotel, apartment."
"Appropriate" means belonging peculiarly, or specially suitable.
"Approved" means sanctioned by the appropriate official as required by law so long as all provisions of these zoning regulations are met.
"Aquaponics" is a system that combines hydroponics (cultivating plants in water) with aquaculture (raising of fish and other aquatic animals) in a symbiotic relationship.
"Assembly" means the joining together of completely fabricated parts to create a product.
"Atmospheric Light Pollution" means general sky glow caused by the scattering of artificial light in the atmosphere and resulting in decreased ability to see and enjoy the natural night sky.
"Attached Building". See "Building, attached."
"Auction" means a public sale in which real or personal property is sold to the highest bidder.
"Automobile and trailer sales area" means an open area, other than a street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done, except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.
"Auto repair shop" means a shop or place of business for repair and maintenance of automobiles, trucks and other automotive equipment, which carries a valid title and shows a work order; all others shall be classified as salvage and/or junk.
"Automobile storage yards" means a yard used for the storage of assembled automobiles, either operable or non-operable, but not for the storage of automobile parts, provided that "automobile storage yard" shall not include any yard wherein there occurs any dismantling, demolition, or sale of automobiles or parts thereof.
"Aviary" means a place for keeping birds confined for the purpose of breeding, raising, or selling.
"Barber shop" means the place of business of one whose business it is to cut hair, and to shave or trim beards.
"Beauty shop" means an establishment providing persons with services that includes hair treatment, manicures or facials.
"Bed and breakfast" means a private residence that offers sleeping accommodations to lodgers in 14 or fewer rooms for rent, in the owner's principal residence. The maximum stay is thirty days.
"Block" means a distinct portion or plot of land in a platted subdivision described and numbered as a block on the recorded plat of said subdivision, or a distinct portion or plot of land bounded on all sides by public streets, alleys or easements.
"Board" means the Zoning Board of Appeals.
"Boarding house". See "House, rooming or boarding."
"Brewery" is a facility for brewing, packaging, and distribution of ales, beers, meads, and/or similar beverages on site.
"Buffer" means an area of land used to separate visibly one use from another or which acts as a separation between two land uses of different intensity.
"Buildable area" means that portion of a lot or parcel that can be occupied by a building or structure.
"Building" means a roofed structure for the support, shelter or enclosure of persons, animals or chattels. See "Structure."
"Building area" means the total area on a horizontal plane at the average grade level of the principal building and including all accessory buildings measured along outside walls and exclusive of uncovered porches, terraces and steps.
"Building, Attached" means a building attached to another building by a common wall (such wall being a solid wall with or without windows and doors) and/or a common roof with a common horizontal dimension of eight feet or more. See "Building, semi-attached."
"Building, Height of" means the vertical distance at the center of a building’s principal front measured from the established street grade to the highest point of the coping of a flat roof, or to the center height between the eaves and ridge for pitched roofs. For buildings set back from the street line, the height of the building shall be measured from the average elevation of the finished grade along the front of the building, provided the distance from the street line is not less than the height of such finished grade above the established street grade.
"Building line" means a line on a plat or the theoretical line on the ground between which line and a street, alley or private place no principal building or structure may be erected.
"Building, Nonconforming". See "Structure, nonconforming."
"Building, Principal and/or Main" means a building in which is conducted the main or principal use of the lot or parcel on which the building is situated, and including garages, carports, storage sheds, etc., which are attached to the principal building. (On farms the house shall be considered the principal structure.)
"Building, Semi-Attached" means a building attached to another building by a common wall (such wall being a solid wall with or without windows and doors) and/or a common roof with a common horizontal dimension less than eight (8) feet. See "Building, attached."
"Bulk plant" means that portion of a property where flammable liquids are received by tank vessel, pipe line, tank car, or tank vehicles, and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipe line, tank car, tank vehicle, or container.
"Carport" means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two (2) sides.
"Car wash" means a facility for the cleansing of automobiles and other vehicles.
"Cemetery" means a place for interment of the dead, which shall be categorized as either public or private. Shall include mausoleum.
1. Public cemetery is one, which is operated as a business for commercial gain and shall require a special use permit.
2. Private cemetery is one in which its use is intended solely for the owner of the property and immediate family. After approval by (PCPC) and appropriate proof shown.
"Center Line". See "Street, center line of."
"Child care centers" means a facility, by whatever name known, which is maintained for the whole or part of a day for the care of five or more children under the age of sixteen (16) years and not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes facilities commonly known as day care centers, day nurseries, nursery schools, kindergartens, preschools, play groups, day camps, summer camps, and centers for developmentally disabled children, and those facilities which give twenty-four (24) hour care for dependent and neglected children; and includes those facilities for children under the age of six (6) years, with stated educational purposes operated in conjunction with a public, private or parochial college or a private or parochial school; except that the term shall not apply to any kindergarten maintained in connection with a public, private or parochial elementary school system of at least six (6) grades or to any preschool established pursuant to the provisions of Article 28 of Title 22, C.R.S., which is maintained in connection with a public school system of at least six (6) grades so long as the school system is not also providing extended day services.
"Child care home" means a type of family care home, licensed by the State of Colorado, which provides less than twenty-four (24) hour care for two (2) or more children on a regular basis in a place of residence. Children in care are from different family households and are not related to the caregiver. The definition of "child care home" includes a "family child care home," an "infant/toddler home" and a "large child care home" as defined by the State of Colorado, Department of Human Services, Division of Child Care. A "family child care home" and an "infant/toddler home" are considered to be an accessory use in all zone districts which permit a single-family residence or mobile home by right. A "large child care home" is considered to be a use-by-review (requiring the issuance of a special use permit) in those same zone districts.
"Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
"City" means Pueblo, Colorado, a municipal corporation.
"Clinic, Dental or Medical" means a building in which a group of physicians, dentists or physicians and dentists and allied professional assistants are associated for the purpose of carrying on their professions. A clinic may include a dental or medical laboratory, but not facilities for inpatient care or operating rooms for major surgery. (See "Hospital.")
"Club" means a building or rooms and accessory buildings and grounds occupied by a nonprofit association of persons for the promotion of some common objective such as, but not limited to, literature, science, politics, recreation and good fellowship, meeting periodically, limited to members, with not more than one-third of the gross floor area occupied by the use used for residential occupancy.
"Cluster Subdivision" means a form of single-family residential subdivision that creates parcels containing less than thirty-five acres each, permits housing units to be grouped on sites or lots with dimensions, frontages, and setbacks reduced from conventional sizes of the current zone district, allows one residential unit for each seventeen and one-half acre increment, and where at least two-thirds of the total land area is reserved for the preservation of open space.
"Color rendering index (CRI)" means the measured effect of light on objects. To determine the CRI of a lamp, the color appearances of a set of standard color chips are measured with special equipment under a reference light source with the same correlated color temperature as the lamp being evaluated. If the lamp renders the color of the chips identical to the reference light source, the CRI is less than one hundred (100). A low CRI indicates that some color may appear unnatural when illuminated by the lamp.
"Commercial" means of, or pertaining to, or engaged in the buying, selling, renting or leasing of goods, services or property.
"Commission, Planning" means City Planning and Zoning Commission, and/or Pueblo County Planning Commission, and/or District Planning Commission as appropriate to the context.
"Common Open Space" means land within or related to a cluster residential development, not individually owned, which is designed and intended for the common use or enjoyment of the residents of the development, or the public, which may contain such accessory structures and improvements as are necessary and appropriate for recreation purposes. A condition of the cluster residential development approval shall be that the common open area may not be further subdivided.
"Composting facility" means a facility where organic matter that is derived primarily from offsite is to be processed by composting and/or is processed for commercial purposes. The use may include collection, transportation, composting, curing, storage, marketing, or use of compost. Any Composting Facility is subject to regulation by the Colorado Department of Public Health and Environment's Hazardous Materials and Waste Management Division, under 6 CCR 1007-2, Regulations Pertaining to Solid Waste Sites and Facilities, Section 14 Composting, as now enacted or amended. A Composting Facility shall require an area of no less than 35 acres.
"Comprehensive plan" means the sum of the policies, proposals, programs, maps and reports adopted and identified by the planning commission as components of the comprehensive plan.
"Concealed light source" means an artificial light intended to illuminate the face of a sign, building, structure or area, which light is shielded from the public view and from the adjoining properties.
"Construction, Beginning of" means the utilization of labor and/or materials on the footings, foundations, walls, roofs and other portions of the building or structure.
"Contractor’s yard" means property used partially or exclusively to park or store construction vehicles or equipment used by a building or construction trades contractor licensed by or registered with the appropriate Pueblo County governmental agency. The contractor’s business office is considered an accessory use to a contractor’s yard. Vehicles and equipment may be repaired or maintained in a contractor’s yard provided such work is done in an enclosed building or structure.
A contractor’s yard in an I-1, I-2 or I-3 zone district may have on-site storage of materials, and may have fabricating or assembling of a product made by the contractor as part of the construction work. Construction materials shall not be stored in an A-1 or A-2 zone district, nor shall any product sold by the contractor in the contractor’s construction work be fabricated or assembled unless the Planning Commission approves such uses by issuing a special use permit. Fabricating or assembling products in a contractor’s yard in an A-1 or A-2 zone district shall be performed only within an enclosed building or structure. A contractor’s yard in an A-1 or A-2 zone district shall meet the I-2 zone district performance standards.
"County" means Pueblo County, Colorado.
"Court" means an uncovered space, other than a yard, on the same parcel as the building and bounded on three or more sides by such buildings, walls or fences.
"Covered" means roofed, trellised or otherwise shielded from the sky except for ground cover material.
"District, Zone" means a land area or land areas as defined by the zoning map within which the zoning regulations are uniform.
"Domesticated Pot-Bellied Pig" shall mean a domesticated porcine animal of the species Sus Scrofa bittatus which meets both of the following criteria:
(i) the animal shall not exceed one hundred (100) pounds in weight, and
(ii) if over four (4) months of age, the animal shall be spayed or neutered.
"Domestic Septage" is the liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III Marine Sanitation Device, or a similar system that receives only domestic septage (household, non-commercial, non-industrial sewage). Land application of domestic septage is allowed only as a Use-by-Review in the Agricultural One (A-1) and Two (A-2) Zone Districts. Land application of domestic septage shall be subject to U.S. Environmental Protection Agency (EPA) requirements within the Federal Part 503 Rule, "The Standards for the Use or Disposal of Sewage Sludge" (Title 40 of the Code of Federal Regulations [CFR], Part 503), as now enacted or amended. Land application of domestic septage shall be allowable only on parcels with a minimum area of 35 acres.
"Domestic servant" means a person who performs gardening, chauffeuring, and/or similar domestic full-time duties for one family and has no other employment.
"Dwelling" as used in this chapter, this term has the same meaning as the term "residence" defined herein.
"Dwelling, Condo" means a system of separate ownership of individual units in a multi-unit project where the land within the project is owned in common.
"Dwelling, Multiple" means a single detached structure divided into three or more separate dwelling units. See "House, row."
"Dwelling, Single-Family" means a single-detached structure containing, but one dwelling unit.
"Dwelling, Townhouse" means an attached or semi-attached dwelling, containing a single dwelling unit located on a separate lot.
"Dwelling, Two-Family" means a building or semi-attached building containing two dwelling units.
"Educational institution (commercial)" means schools, colleges, universities, or nurseries operated for five or more students for profit.
"Educational institution (nonprofit)" means schools and/or seminaries administered by churches or religious organizations; schools, colleges or universities administered by public agencies; nonprofit schools, colleges or universities operated under charter or license from the State; and any nonprofit institution, residence or home operated for the education of five or more students.
"Emergency facility" means a permanent facility from which care or relief from a situation or occurrence of a serious nature, and demanding immediate action, is directed. This term shall include fire departments and ambulance headquarters, but shall not include hospitals.
"Employee" means a person employed permanently; this shall not mean temporary or seasonal employees.
"Employee, Off-Site" means an employee of a home occupation whose services are provided off-site, and any on-premises activity is incidental. This definition includes permanent, temporary and seasonal employees.
"Enclosed" means surrounded by walls and/or fences and a roof. See "Unenclosed."
"Equestrian Arena, Commercial/Club" means an area where activities involving horseback riding are conducted for practice, competition or entertainment. Activities include, but are not limited to a rodeo, a charreada, calf roping, riding, bulldogging and barrel racing. A commercial/club equestrian arena is any equestrian arena, which is not a personal equestrian arena. A commercial/club equestrian arena may offer such goods and services as are normal and incidental to the activities conducted. A commercial/club equestrian arena shall be developed and used in accordance with development and operating plan approved with the special use permit. The development plan shall include, but is not limited to, an accurately drawn map, which shows activity areas and improvements, access, driveways and parking areas. The operating plan shall include, but is not limited to, the methods proposed for control of dust, erosion, odor, noise, glare, waste (manure) disposal, and congestion; and the methods to provide potable water and wastewater treatment.
"Equestrian Arena, Personal" means an area where activities involving horseback riding are conducted for practice, competition or entertainment. Activities include, but are not limited to a rodeo, a charreada, calf roping, riding, bulldogging and barrel racing. A personal equestrian arena shall meet the following:
1. Accessory and incidental to the ranch, farm, or home site on which it is located;
2. The use of the arena is limited to the family and invited guests of the farmer/rancher/home occupant;
3. No commercial competition or commercial entertainment occurs, and no user fees, dues or other compensation are paid; and
4. The arena is operated in such a manner so that there is no adverse impact on surrounding properties relating to dust, erosion, odor, noise, glare, off-site illumination (more than one foot candle of illumination measured at the property line), waste disposal, and traffic and parking congestion. Neither a nuisance nor noxious activity shall be conducted on the property, which is caused by the use of the property as a personal equestrian arena.
"Explosive" means a substance that causes a sudden rapid release of mechanical, chemical or nuclear energy from a confined region.
"Extractor" means any individual, partnership, association or corporation, which extracts commercial mineral deposits for use in the business of selling such deposits or for use in another business owned by the extractor or any department or division of Federal, State, County or municipal government which extracts such deposits.
"Fabrication" means the stamping, cutting, assembling or otherwise shaping the processed materials into useful objects, excluding the refining or other initial processing of basic raw materials.
"Family" means a group of persons related by blood, marriage or adoption living together on the premises in a single dwelling unit, or a group of not more than five individuals living in a single dwelling unit not related by blood, marriage or adoption.
"Farm or ranch" means an area of at least five acres in size if in an A-2 zone district or thirty-five (35) acres in size if in an A-1 zone district, and used for farming or ranching.
"Farming or ranching" means the business of cultivating land, producing crops and/or keeping livestock, fowl and other non-domestic animals. This definition does not include feedlot or dog kennels.
"Fence" means a physical barrier of any type of construction used to mark a boundary or to define and enclose a specific area for the purposes of protection, privacy or confinement.
"Fence, Open" means a fence which permits direct vision through at least seventy-five (75) percent of the fence surface area as calculated within any and all one (1) square foot area.
"Fence, Solid" means a fence which is not an "open fence."
"Fixture" means the assembly that holds the lamp (bulb) in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.
"Flood or Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of water from channels and reservoir spillways;
2. The unusual and rapid accumulation of runoff of surface waters from any source; or
3. Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas (such as earth carried by a current of water and deposited along the path of the current).
"Flood, Intermediate Regional" means a type of flood, including the water surface elevation and territorial occupation thereof, which can be expected to occur at any time in a given area based upon recorded historical precipitation and other valid data, but with an average statistical one percent (1%) flood or hundred (100) year flood.
"Floodplain or Flood-prone Area" means any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir.
"Flood profile" means engineering conclusions, based upon historical facts and/or generally accepted engineering principles, represented on a graph or other medium, showing the relationship of the water surface elevation of a flood to the lands surrounding the channel.
"Floodproofing" means any combination of structural and/or non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
"Floor Area, Gross" means the sum of the gross horizontal areas measured between the exterior faces of exterior walls of the several floors of a building and accessory buildings, including interior walls, balconies, mezzanines, hallways, wells, basements and cellars, and including the area of roofed porches, patios and carports having more than one wall.
"Floor Area, Net" means the square footage totaling seventy-five (75) percent of the gross floor area; or, when an "as-built," detailed floor plan or current use plan can identify a lesser or greater amount of usable floor area which can be demonstrated by the sum of the horizontal area measured between the interior face of the exterior walls or all usable floors of a building, accessory buildings (including interior balconies and mezzanines) and surrounding open spaces wherein goods and services are offered or displayed, but excluding interior walls, enclosed hallways, stairwells, shafts, lavatories, furnace room, janitor supply rooms and closets, interior parking and loading areas, and inventory stock rooms.
"Floor area ratio" means the quotient of the gross floor area of all buildings on a lot or parcel divided by the area of said lot or parcel.
"Food processing" means preparing, treating, converting or packaging food.
"Foot-candle" means a unit of measure for illuminance. A unit of illuminance on a surface that is everywhere one foot from a uniform point source of light of one candlepower and equal to one lumen per square foot.
"Fraternity or Sorority House". See "House, fraternity or sorority."
"Frontage" means that portion of a lot, parcel, tract or block abutting upon a street. See "Yard, front."
"Full Cut Off Fixtures" means a luminare or light fixture that, by design of the fixture housing, does not allow any light dispersion or direct glare to shine above a ninety-degree, horizontal plane from the base of the fixture.
"Game Preserve, Developed" means a restricted property on which wild animals are hunted for sport or food, and where the potential for hunting success has been enhanced through significant changes in the land, habitat or game population, in addition to those associated with restricting access to the property. Significant change includes, but is not limited to, any of the following:
1. Wetlands development that is extensive enough to require a 404 Permit from the U.S. Army Corps of Engineers;
2. Introduction of native or exotic game animals (excluding fish), resulting in expenditures of more than one thousand dollars ($1,000.00) per year to raise and/or purchase said animals; or
3. Construction of a lodge or clubhouse for the use of hunters.
Developed game preserve does not include undeveloped game preserve and game refuge.
"Game Preserve, Undeveloped" means a restricted property on which wild animals are hunted for sport or food, and the potential for hunting success has not been enhanced through significant changes in the land, habitat or game population, other than those associated with restricted access to the property. Undeveloped game preserve is an accessory use to ranching and farming.
"Game refuge" means a restricted property on which wild animals are provided shelter or protection from danger or distress. Game refuge is an accessory use to ranching and farming.
"Garage, Private" means an accessory building or an accessory portion of a main building, designed or used for the shelter or storage of motor vehicles owned or operated by the occupants of the main building.
"Garage, Public" means a building other than a private garage used for the housing or care of motor vehicles, or where such vehicles are equipped for operations, repaired, or kept for remuneration, hire or sale.
"Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking and/or consumption of food.
"Gardening" means the cultivation of fruits, vegetables, flowers or other plant materials.
"Gasoline service station" means a property where flammable liquids used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles, and which may include, as an incidental accessory use only, facilities for polishing, greasing, washing or minor servicing such motor vehicles, but not including auto body work or other major repairs.
"Glare" means the direct light emitting from a luminare that causes reduced vision or momentary blindness.
"Golf Course, miniature" means a theme-oriented recreational facility, typically comprised of nine or 18 putting greens, each with a "cup" or "hole", where patrons in groups of one to four pay a fee to move in consecutive order from the first hole to the last.
"Golf Course, regulation" means a facility other than a miniature golf course for the playing of golf at which there may be a clubhouse including rest rooms and locker rooms. A golf course may provide additional services customarily furnished such as swimming, outdoor recreation, and related retail sales that may include a restaurant and cocktail lounge.
"Golf Driving Range" means a limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.
"Grade, Building" means that elevation which is the average of the highest and lowest elevation of the ground along the facade of the building or structure which is nearest the street.
"Grade, Street" means that elevation at the crown of the street on a line perpendicular to midpoint of the front property line of the lot, parcel or tract.
"Grazing" means feeding or growing grasses or herbage.
"Greenhouse" means an enclosed structure used for cultivating plants in a controlled climate.
"Grocery store" means a store selling foodstuffs and household supplies.
"Grouped Houses". See "Houses, grouped."
"Guest House". See "House, guest."
"Guest room" means a room in a hotel, apartment hotel, motel or tourist home offered to the public for compensation in which room no provision is made for cooking and which room is used only for transient occupancy.
"Halfway house" means a residential facility for individuals who:
1. Have been institutionalized and are proceeding toward release; or
2. Have physical, mental or social disabilities; or
3. Are receiving treatment for substance abuse; or
4. Are in a diversion program in lieu of institutionalization for any of the above conditions.
The facility provides either protection to those residents whose disabilities make living in society difficult, or facilitates the residents in becoming functional members of society. In addition to providing shelter, the facility may also provide meals, supervision, counseling, recreation and other necessary rehabilitative services.
"Hazardous material" means any substance that, because of its quantity, concentration, physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.
"Hazardous waste" means that term as presently and hereafter defined by Section 25-15-101 (6)(a), C.R.S.
"Hazardous waste research and development facility" means a facility primarily devoted to research and development of technology relating to the disposal, recovery, treatment, storage or transportation of hazardous waste. Such facility shall not be used for commercial disposal, recovery, treatment, storage or transportation of hazardous waste.
"Hazardous waste resource recovery facility" means a facility which prepares or treats hazardous waste to recycle, reuse or recover material or energy.
"Hazardous waste storage facility" means a facility in which hazardous waste is temporarily contained for ninety (90) days or more. Such facility shall not be used to treat, dispose of, or recover hazardous waste. This type of facility is not required for a generator which produces hazardous waste in quantities or for time periods exempted by rules and regulations promulgated by the Colorado Board of Health.
"Hazardous waste testing laboratory" means a facility primarily devoted to hazardous waste analysis or qualitative or quantitative identification for compatibility with chemical and physical properties. This definition does not encompass a testing laboratory operated as an accessory use to another classification of hazardous waste facility. Neither treatment nor recovery of hazardous waste shall be considered as accessory uses to a testing laboratory.
"Hazardous waste transfer facility" means a facility in which hazardous waste is temporarily held or contained, for less than ninety (90) days during the transportation of hazardous waste. This may include container change or modification, but shall not include treatment, disposal or resource recovery with hazardous wastes. It also does not include hazardous waste, which is produced in quantities or for time periods exempted by rules and regulations promulgated by the Colorado Board of Health.
"Hazardous waste treatment facility without onsite disposal" means a facility where treatment, as defined by Section 25-15-101(23), C.R.S., occurs, but not onsite disposal. Treatment may include neutralization and incineration.
"Hazardous waste treatment facility with onsite disposal" means a hazardous waste facility with onsite disposal, as defined by Section 25-15-200.3(4), C.R.S., and for which a certificate of designation from the Board of County Commissioners is required.
"Health department" means the Pueblo Department of Public Health and Environment Health Board.
"Hedge" means closely planted rows of landscape materials such as shrubs planted and maintained so as to create a visual barrier.
"Heliport" means a place, on land and/or water, and/or structures where rotorcraft may land and/or take off.
"Hemp, Industrial" means a plant of the genus Cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent (0.3%) on a dry weight basis. Delta-9 tetrahydrocannabinols has the same meaning as "tetrahydrocannabinols" as set forth in Section 27-80-203(24), C.R.S.
"Hemp Establishment" means: 1) any Establishment which has been issued a Research and Development (R & D) Industrial Hemp Registration or Commercial Industrial Hemp Registration by the Colorado Department of Agriculture, pursuant to the Industrial Hemp Regulatory Program Act, Title 35, Article 61, C.R.S., including outdoor farming, greenhouse farming and indoor (building; excludes residential structures) farming; greenhouse and building shall be permitted by Pueblo Regional Building Department and obtain zoning authorization from Pueblo County Department of Planning and Development; 2) any Establishment which processes Industrial Hemp as defined herein as Hemp Processing. Hemp Establishments shall follow and abide by rules and regulations issued by Department of Agriculture in accordance with the Industrial Hemp Regulatory Program Act and shall also follow and abide by Pueblo County's regulations regarding Industrial Hemp.
"Hemp Processing" means the refinement of Industrial Hemp to create products derived from hemp. Hemp Processing shall only be conducted in a greenhouse and/or building, excluding residential structures, that are permitted by Pueblo Regional Building Department and Pueblo Department of Public Health and Environment and have obtained zoning authorization from Pueblo County Department of Planning and Development.
"Home, Blind" means a place of residence which provides lodging, board and personal services other than medical or nursing care, except that it may include rehabilitation programs, for the health, safety and comfort of more than four (4) persons having a corrected acuity of not better than 20/70 by Snellen chart measurement, and only such other persons who are employed in an official capacity for the operation and maintenance of the home. A place of residence for four (4) or less blind persons, and meeting all other tests of this definition, is determined to be a one-family residence for the purpose of zoning and is permitted to be established subject to those zoning regulations applicable to a one-family residence. (Note: This zoning determination does not change other codes and regulations, such as the building code or Health Department regulations, which are applicable to this use.) This definition does not apply to members (related by blood, marriage or adoption) of the owner-occupant’s or lessee-occupant’s family.
"Home, Disabled" means a place of residence which provides lodging, board and personal services other than medical or nursing care, but may include programs of rehabilitation, for the health, safety and comfort of more than four (4) persons having physical disabilities or mental disabilities, and only such other persons who are employed in an official capacity for the operation and maintenance of the home. A place of residence for four (4) or less disabled persons, and meeting all other tests of this definition, is determined to be a one-family residence for the purpose of zoning and is permitted to be established subject to those zoning regulations applicable to a one-family residence. (Note: This zoning determination does not change other codes and regulations, such as the building code or Health Department regulations, which are applicable to this use.) This definition does not apply to members (related by blood, marriage or adoption) of the owner-occupant’s or lessee-occupant’s family.
"Home, Elderly" means a place of residence which provides lodging, board and personal services other than medical or nursing care, for the health, safety and comfort of more than four (4) persons being either fifty-five (55) years of age or older or the cohabitation spouses of persons fifty-five (55) or older, and only such other persons who are employed in an official capacity for the operation and maintenance of the home. The term "personal services" for purposes of this definition means those services provided for each resident, including: housekeeping and laundry services; services to maintain an environment which is sanitary and safe from physical harm; individualized social supervision; assistance with transportation; and assistance with activities of daily living, including but not limited to bathing, dressing and eating. (See "Home, elderly foster" for one to four elderly.) This definition does not apply to members (related by blood, marriage or adoption) of the owner-occupant’s or lessee-occupant’s family.
"Home, Elderly Foster" means a place of residence which provides lodging, board and personal services other than medical or nursing care, for the health, safety and comfort for one (1) to four (4) persons, being either fifty-five (55) years of age or older or the cohabitation spouses of persons fifty-five (55) or older, and only such other persons who are employed in an official capacity for the operation and maintenance of the home. The term "personal services," for purposes of this definition means those services provided for each resident, including: housekeeping and laundry services; services to maintain an environment which is sanitary and safe from physical harm; individualized social supervision; assistance with transportation; and assistance with activities of daily living, including but not limited to bathing, dressing and eating. This definition does not apply to members (related by blood, marriage or adoption) of the owner-occupant’s or lessee-occupant’s family.
"Home, Family Foster" means a facility providing care and training for up to four (4) children not related to the caretaker for regular twenty-four (24) hour care, or a certified relative foster care home (the number may exceed four (4) children if a group of siblings are to be cared for in the home and no other foster children are in care in that home). A family foster care home is considered an accessory use in all zone districts permitting a single-family residence and/or a mobile home as a use-by right. This definition is only for the purpose of zoning, family foster homes remain subject to all other Colorado Department of Human Services’ regulations. Also see "Home, receiving" and "Specialized group facility."
"Home, Maternity" means a place of residence which provides lodging, board and personal services other than medical or nursing care for the health, safety and comfort of more than four (4) women who are pregnant or who are recovering from a pregnancy having terminated with the previous sixty (60) days, and only such other persons who are employed in an official capacity for the operation and maintenance of the home. A place of residence for four (4) or less pregnant or recovering women, and meeting all other tests of this definition, is determined to be a one-family residence for the purpose of zoning and is permitted to be established subject to those zoning regulations applicable to a one-family residence. (Note: This zoning determination does not change other codes and regulations, such as the building code or Health Department regulations, which are applicable to this use.) This definition does not apply to members (related by blood, marriage or adoption) of the owner-occupant’s or lessee-occupant’s family.
"Home, Nursing" means a place of permanent residency which provides lodging, board and personal services to more than four (4) persons who are sick, infirm or convalescent persons who are attended by nurses caring for their physical and mental requirements. It may also include only such other persons who are employed in an official capacity for the operation and maintenance of the home. A hospital is not a nursing home. A place of residence for four (4) or less sick, infirm, or convalescent persons, and meeting all other tests of this definition, is determined to be a one-family residence for the purpose of zoning and is permitted to be established subject to those zoning regulations applicable to a one-family residence. (Note: This zoning determination does not change other codes and regulations, such as the building code or Health Department regulations, which are applicable to this use.) This definition does not apply to members (related by blood, marriage or adoption) of the owner-occupant’s or lessee-occupant’s family.
"Home occupation" means an accessory use clearly incidental and subordinate to an established principal dwelling unit (a.k.a., residence) that is conducted within a dwelling unit, accessory building, or private recreation area (e.g., swimming pool, tennis court, riding arena, etc.). See Section 17.120.030.
"Homeowner's Association" means a private nonprofit association which is organized by the developer of a cluster residential development in which individual owners share common interests in open space and/or facilities and are in charge of preserving, managing, and maintaining the common property, and enforces certain covenants and restrictions.
"Home, Receiving" means a certified family foster home providing temporary emergency care (no more than ninety (90) consecutive days for any single child) for up to eight (8) foster children. This definition is only for the purpose of zoning; receiving homes remain subject to all other Colorado Department of Human Services’ regulations. Also see: "Home, family foster" and/or "Specialized group facility."
"Home, Religious" means a place of residence which provides lodging, board and personal services other than medical or nursing care for the health, safety and comfort of more than four (4) persons of the same religious body, such body being organized to sustain public worship, and only such other persons who are employed in an official capacity for the operation and maintenance of the home. The home shall be controlled and maintained by the religious body. A place of residence for four (4) or less persons of the same religions, and meeting all of the tests of this definition, is determined to be a one-family residence for the purpose of zoning and is permitted to be established subject to those zoning regulations applicable to a one-family residence. (Note: This zoning determination does not change other codes and regulations, such as the building code, Health Department regulations, which are applicable to this use.) This definition does not apply to members (related by blood, marriage or adoption) of the owner-occupant’s or lessee-occupant’s family.
"Horizontal Illuminance" means the measurement of brightness from a light source, usually measured in foot-candles or lumens, which is taken through a light meter’s sensor at a horizontal position.
"Hospital" means any building or portion thereof used for the accommodation, nursing and medical, surgical or psychiatric care of the sick, injured or infirm persons. See "Clinic, dental or medical."
"Hospital, Veterinary" means a building in which animals requiring special medical care are treated, or temporarily housed; the term shall not be interpreted to include any type of boarding or commercial kennel or stable.
"Hotel" means a structure containing five or more guest rooms with access usually from a common hallway.
"Hotel, Apartment" means a structure divided into several independent dwelling units and intended more or less as a temporary abiding place of individuals.
"House, Fraternity or Sorority" means the building occupied by an organization incorporated as a fraternity or sorority formed chiefly to promote friendship and welfare among the members, usually college students, and usually providing space for eating, sleeping and social activity.
"House, Guest" means living quarters within a semi-attached or detached accessory building located on the same premises with the principal building for use by temporary guests of the occupants of the premises, and not rented or otherwise used as separate dwelling unit. (Note: A significant typographical omission occurred in the previous definition of "House, guest." From at least 1978, and perhaps as early as 1963, until the zoning resolution update published August 1, 1990, this definition omitted the word "building." Following "accessory" and more importantly the word "not" was omitted prior to "rented.")
"Housekeeping Units". See "Dwelling, Multiple."
"House, Lodging" means a rooming house.
"House, Rooming or Boarding" means a building or structure containing guest rooms in which lodging for five (5) or more persons is provided with or without meals for permanent guests.
"House, Row" means three (3) or more dwelling units usually arranged in a row and joined by party walls.
"Houses, Grouped" means a group of two (2) or more detached or semi-attached dwelling units or apartment structures usually separated by a court or courts used in common by the inhabitants thereof.
"Housing, Tenant" means structures on farms and ranches intended primarily for the housing of persons and/or their families, employed on the farm or ranch.
"IESNA" means Illuminating Engineering Society of North America is an organization that recommends standards for the lighting industry.
"Improvements Agreement" means an agreement guaranteeing to construct any required public improvements shown in the rural land use documents, together with collateral which is sufficient, in the judgment of the Board, to make reasonable provision for the completion of said improvements in accordance with design and time specifications.
"Industry" means the commercial production and wholesale of goods and services.
"Industry, Light" means any branch of trade, production or creative endeavor employing labor and capital in an industrial or manufacturing process which is not noxious or offensive by reasons of the emission of odor, dust, smoke, gas, fumes, noise or vibrations, whose waste products are not allowed to emerge or accumulate where they will cause discomfort or be unsightly to adjoining property owners or to the public generally, and which operates independent of: railroad sidings, extensive loading docks, and steam generation as prime power.
"Jobber" means a wholesaler who operates on a small scale or who sells only to the retailers and institutions.
"Junk" means goods, material or objects that are so worn, deteriorated or obsolete as to make them unusable in their existing condition and/or which are subject to being dismantled or processed for reuse.
"Junked vehicle" means any motor vehicle, which because of a legal or mechanical condition or defect, cannot be operated on a public street or highway. It shall be prima facie evidence that a vehicle is mechanically inoperable if its motor, axle, wheel or similar necessary parts have been removed from the vehicle. It shall be prima facie evidence that a vehicle is legally inoperable if after thirty (30) days’ written notice given pursuant to this resolution a vehicle fails to possess and display current license plates. A motor vehicle means any self-propelled vehicle which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highway.
The term "junked vehicle" as defined herein shall not include vehicles within a properly screened portion of the premises of a junk or salvage dealer whose use of the property is proper under the zone district wherein the property is located, vehicles on the premises of any properly zoned business dealing in the selling, repairing or servicing of vehicles, or vehicles within a fully enclosed building.
"Junkyard" means any lot, parcel or tract used for the storage, keeping, sale or abandonment of junk and/or for the dismantling, demolition or abandonment of automobiles, or other junk or parts thereof.
"Kennel" means any lot, parcel, tract or structure in which five or more dogs, six months old or older, are kept, raised, housed, boarded or bred.
"Kitchen" means any area intended and equipped for the preparation of food.
"Laboratory" means a building or part of a building devoted to testing and analysis of any material or substance.
"Lamp" means the light-producing source installed in the bulb portion of a luminare.
"Landscaping Materials, Wholesale and Retail Sales" for items such as, but not limited to decorative rock, mulch, sand, topsoil, flagstone, weed barrier, edging, fill dirt, pavestone type products, sod, nursery products, and decorative concrete products. Landscaping materials shall not include stockpile storage of organic fertilizer (animal manure or sludge).
"Land Use Plan". See "Comprehensive plan."
"Laundromat" means an establishment providing washing, drying, ironing or dry cleaning machines for hire to be used by customers on the premises.
“Licensed Premise” means the premise designated by a Marijuana Establishment as the Licensed Premise as required by the Marijuana Code.
"Light Trespass" means any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance.
"Line, Center". See "Street, center line of."
"Line, Front Lot" means the line separating such lot, parcel or tract from any public street right-of-way.
"Line, Lot" means the perimeter or outer boundary of a lot, parcel or tract.
"Line, Property" means the boundary of any lot, parcel or tract as the same is described in the conveyance to the owner, and shall not include the streets or alleys upon which the lot, parcel or tract may abut.
"Line, Rear Lot" means the line, which is opposite and most distant from a front line or, on an irregular or triangular lot, a line at least ten (10) feet long entirely within the lot, parallel to and furthest distance from the front lot line.
"Line, Side Lot" means a line connecting a front lot line with a rear lot line.
"Loading space" means a space within the main building or on the same lot, parcel or tract providing for the standing, loading or unloading of trucks and/or semi-trailers.
"Lodge" means a club.
"Lodger" means a person who rents a room in a bed and breakfast for fewer than 30 consecutive days.
"Lodging House". See "House, lodging."
"Lot" means a distinct portion or plot of land in a recorded, platted subdivision described and numbered or lettered as a lot on the recorded plat of the subdivision. See also "Parcel" and "Tract."
"Lot Area" means the total horizontal area, expressed as square footage or acreage, calculated within the interior boundary of a lot, tract or parcel. Lot area shall not include land, which has been dedicated, deeded or otherwise legally acquired as public right-of-way. Aliquot breakouts of sections may be used to establish lot area for purposes of zoning compliance; however, such descriptions may not include land, which has been dedicated, deeded or acquired as public right-of-way.
"Lot, Corner" means a lot situated at the junction of two or more streets.
"Lot coverage" means that portion of the lot, parcel or tract shielded from the sky by building and/or structures.
"Lots, Feed" means any lot, tract or parcel of ground upon which five or more head of feeder livestock are gathered, kept or closely confined and especially fed for gain prior to sale or slaughter.
"Lot, Flag" means a lot, the main use or building area of which does not abut a public street, but is connected thereto by a narrow strip of land which is a part of the lot.
"Lot, Interior." means a lot other than a corner lot.
"Lot Line." See "Line, lot."
"Lot Line, Front." See "Line, front lot."
"Lot Line, Rear." See "Line, rear lot."
"Lot Line, Side." See "Line, side lot."
"Lot, Nonconforming." See "Parcel, nonconforming."
"Lot, Through" means an interior lot having frontage upon two (2) parallel or nearly parallel streets.
"Lot width" means the distance between the side lot lines measured at the required front building setback line or in the case of an irregularly shaped lot the front building line.
"Luminare" means a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power supply.
"Machine shop" means a structure containing machinery for the manufacture, modification or repair of metal goods and equipment.
"Mainline, Railroad". See "Railroad, mainline."
"Manufacture" means the creation of a finished or semi-finished product.
“Marijuana Establishment” means both a Medical Marijuana Establishment and a Retail Marijuana Establishment as those terms are defined herein.
“Marijuana-Infused Product” means a product infused with marijuana that is intended for use or consumption other than by smoking, including, but not limited to edible products, ointments, and tinctures.
"Masonry or equal" means eight (8) inches or more of exterior masonry material or exterior material equivalent in fire retardant characteristics.
"Master plan" means a land use map or plan which indicates desired future physical development of Pueblo County or any portion or portions thereof. It is a plan which encompasses all geographic parts of a community or proposed division of land and all functional elements which relate to its physical development such as: agricultural, residential, commercial and industrial developments; thoroughfare systems; drainage; open spaces; etc. It is a general plan that summarizes concepts and proposals and does not indicate specific location or detail regulations. Master Plans should reflect general concepts and land use proposals as recommended in the Pueblo Regional Comprehensive Development Plan.
“Medical Marijuana” means marijuana that is grown, manufactured, stored, and/or sold pursuant to the provisions of these regulations; the Colorado Medical Marijuana Code and Section 14 of Article XVIII of the Colorado Constitution.
“Medical Marijuana Center” means a person licensed pursuant to this Title and pursuant to C.R.S. 12-43.3-101, et seq., to operate a business as described in the Licensing Regulations and as is further described in C.R.S. 12-43.3-402 that sells medical marijuana to registered patients or primary caregivers as defined in Section 14 of Article XVIII of the Constitution of the State of Colorado, but is not a primary caregiver.
“Medical Marijuana Contiguous Optional Premises Cultivation Operation” means a licensed Medical Marijuana Optional Premises Cultivation Operation located in the B-4, Community Business Zone District, B-1, Neighborhood Business Zone District, I-1/I-2/I-3, Industrial Zone Districts, Planned Unit Development (PUD) Zone District, or R-5, Multiple-Residential and Office Zone District within the same building, or in another building on the same parcel of land as the licensed Medical Marijuana Center or licensed Medical Marijuana-Infused Products Manufacturer is located, or in a separate building located on a separate but adjacent parcel of land which shares at least 50% of a common lot line with the parcel upon which the licensed Medical Marijuana Center or licensed Medical Marijuana-Infused Products Manufacturer is located.
“Medical Marijuana Establishment” means a Medical Marijuana Center, Medical Marijuana Infused-Products Manufacturing Operation, Medical Marijuana Optional Premise Cultivation Operation, or a Storage Warehouse.
“Medical Marijuana-Infused Product” means a product infused with medical marijuana that is intended for use or consumption other than by smoking, including, but not limited to edible products, ointments, and tinctures.
“Medical Marijuana-Infused Products Manufacturer” means a person licensed pursuant to this Title and to C.R.S. 12-43.3-101, et seq. to operate a business as described in the Licensing Regulations and as also described in C.R.S. 12-43.3-404.
“Medical Marijuana Non-Contiguous Optional Premises Cultivation Operation” means a licensed Medical Marijuana Optional Premises Cultivation Operation located in the a) A-1/A-2, Agricultural Zone Districts in a building, greenhouse, or outside cultivation, OR b) in the I-1/I-2, Industrial Zone Districts in a building or greenhouse, OR c) I-3, Heavy Industrial Zone District, located in a building, OR d) in the Planned Unit Development (PUD) Zone District in a building, greenhouse, or outside cultivation. Non-Contiguous means the marijuana cultivation operation is not on the same property or in the same building with a Medical Marijuana Center or Medical Marijuana-Infused Products Manufacturer.
“Medical Marijuana Optional Premises” means the premises specified in an application for a Medical Marijuana Center license with related growing facilities in Pueblo County, Colorado, for which the licensee is authorized to grow and cultivate marijuana for a purpose authorized by Section 14 of Article XVIII of the Constitution of the State of Colorado.
“Medical Marijuana Optional Premises Cultivation Operation” means a person licensed pursuant to this Title and to C.R.S. 12-43.3-101, et seq. to operate a business as described in the Licensing Regulations and as further described in C.R.S. 12-43.3-403.
"Medical Marijuana Testing Facility" means a person licensed pursuant to this Chapter and the Colorado Medical Marijuana Code. (Res. P&D 17-033, app. 6-14-2017)
"Medical Marijuana Transporter" means a person licensed by both the State and County to transport medical marijuana and medical marijuana-infused products from one medical marijuana establishment to another medical marijuana establishment and to temporarily store the transported medical marijuana and medical marijuana-infused products at its licensed premises, but is not authorized to sell medical marijuana or medical marijuana-infused products under any circumstances; a person licensed pursuant to this Title and to Title 5 of the Pueblo County Code, to C.R.S. 12-43.3-101, et seq. to operate as described in the Licensing Regulations and as also described in C.R.S. 12-43.3-104, 12-43.3.202(2)(a)(XVIII.6), 12-43.3-301, 12-43.3-401, 12-43.3-406, and Colorado Department of Revenue MED Medical Marijuana M 801 and M 802.
"Medical Marijuana Storage Warehouse (Off-Premise)" means a person licensed pursuant to Title 5 of the Pueblo County Code and to C.R.S. 12-43.3-101, et seq. to operate a business as described in the Licensing Regulations and as also described in C.R.S. 12-43.3-202(2)(a)(XI) and M802.
"Mineral Deposit, Commercial" means a natural mineral deposit of limestone, clay, coal, dimension stone, marble, rock, sand, shale, silt, gravel and quarry aggregate, for which extraction by an extractor is or will be commercially feasible and regarding which it can be demonstrated by geologic, mineralogical, or other scientific data that such deposit has significant economic or strategic value to the area, State or nation.
"Mineral and natural resource extraction" means the physical withdrawal of minerals and natural resources.
"Mineral processing plant" means facilities for the manufacture or reduction of minerals.
"Mining" means the extraction of commercial mineral deposits.
"Mining operation" means the development or extraction of a commercial mineral deposit from its natural occurrences on affected land. The term includes, but is not limited to, open mining, surface operation, and surface clearing (rock picking) of individual stones and stone boulders. The term also includes transportation and processing operations of affected land. The term does not include: Oil and/or Gas Operations; the concentrating, milling, evaporation, cleaning, preparation, transportation, and other off-site operations not conducted on affected land.
"Mini-warehouse" means a building or portion thereof dividable into separate compartments, which are individually rented or leased for the purpose of storing the renter’s or lease holder’s property. Goods stored within the warehouse shall not be offered or displayed for sale at the warehouse. Accessory uses may include the exterior storage of camping trailers, motorized homes, boats, etc., in areas designated for such storage.
"Mobile home" means a detached, single-family housing unit that may not meet the definition of "residence" set forth herein, and which has all of the following characteristics:
1. Designed for a long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, and which has plumbing and electrical connections provided for attachment to outside systems;
2. Designed to be transported after fabrication, on its own wheels, or on flatbed or other trailers or on detachable wheels;
3. Arrives at the site where it is to be occupied as a complete unit and is ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports or jacks, underpinned, connections to utilities and the like;
4. Exceeding either eight (8) feet in width and thirty-two (32) feet in length, excluding towing gear and bumpers;
5. Is without motive power; and
6. Is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et. seq., as amended, and all regulations enacted pursuant thereto, including any local modifications as are expressly allowed by federal law.
"Mobile home lot" means a unit of ground for the placing of a mobile home.
"Mobile home park" means an area under single ownership of at least five acres of land which has been so designated and improved, and contains twenty (20) or more mobile home spaces available to the general public for placement thereon of mobile homes for occupancy.
"Mobile home park support facilities" means supportive facilities (e.g., swimming pool, club house, sauna, laundry room, restroom, recreational vehicle storage areas, and common open space) which supplement the recreational or service needs of the mobile home park residents, but are not available for use by the general public.
"Mobile home space" means a unit of ground located in an approved mobile home park, which is owned by the park owner, but rented to the mobile home owner for placing of a mobile home.
"Mobile home subdivision" means a tract of land subdivided into not less than twenty (20) mobile home lots, which has been designed and improved in its entirety in accordance with the County of Pueblo Subdivision Regulations and Zoning Resolution where mobile homes can be located on individually platted and owned lots for long-term occupancy purposes.
"Motel" means a building or group of buildings containing guest rooms, usually with access directly from a parking lot.
"Motor vehicle" includes an automobile, automobile truck, automobile wagon, motorcycle, or any other self-propelled vehicle designed for running on land but not on rails.
"Museum" means a building or structure for the display of natural, scientific, literary or artistic objects of general historic or other special interest.
"Nonconforming Building". See "Structure, nonconforming".
"Nonconforming Lot". See "Parcel, nonconforming".
"Nonconforming Parcel". See "Parcel, nonconforming".
"Nonconforming Structure". See "Structure, nonconforming".
"Nonconforming Use". See "Use, nonconforming".
"Nursery" means an area where trees, shrubs or plants are grown for transplanting or for use as stocks for budding and grafting. This activity shall be considered an activity of farming and ranching.
"Nursery School". See "Educational institution."
"Nursing home" means an establishment which maintains and operates continuous day and night facilities providing room and board, personal services, and nursing care (not hospital care) for two (2) or more persons not related to the proprietor who by reason of illness or infirmity are unable to care properly for themselves.
"Occupancy" means the use of land and/or building or portions thereof.
"Office" means a place, such as a building, room or suite, in which services, clerical work or professional duties are carried out.
"Open" means not roofed.
"Outdoor Medical Marijuana Cultivation Facility and or Outdoor Retail Marijuana Cultivation Facility" means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers where marijuana plants are cultivated anywhere that is not within a fully enclosed and secure structure.
"Outdoor theater" means an outdoor structure for the presentation of plays, motion pictures, or other dramatic or comedy performances.
"Owner" means any person who, alone or jointly or severally with others, shall have legal title to any land or structure, or contract of purchase, with or without accompanying actual possession thereof; or shall have charge, care or control of any land or structure as owner or agent of the owner; or as executor, administrator, conservator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this division and of rules and regulations adopted pursuant thereto, to the same extent as if he or she were the owner.
"Parapet wall" means a low wall extending above a roof.
"Parcel" means a lot or tract, or contiguous groups or portions of such lots and/or tracts shown on the assessor’s roll of Pueblo County, or a contiguous area of land under legal control of any one person, partnership, firm, corporation, syndicate, agency or institution. See also "Lot" and "Tract."
"Parcel, Nonconforming" means a parcel which lawfully existed at the time the resolution codified in this division or any amendment hereto became effective, but which does not now conform to the regulations applicable in the zone district in which it is located.
"Parking" means the assembling or standing of motor vehicles for relatively temporary periods of time.
"Parking, Commercial" means parking lots or structures open to the public and operated for a profit.
"Parking, Community" means parking lots or structures not open to the public, but shared by several persons not residents on the premises.
"Parking lot" means a lot, parcel or tract for the parking of motor vehicles.
"Parking, Off-Street" means parking of motor vehicles off the public rights-of-way.
"Parking, Private" means the parking of motor vehicles belonging to residents on the premises. (See "Accessory Use").
"Parking space" means the area required by the provisions of this division for the parking of one motor vehicle.
"Parking structure" means a garage, carport or other structure for the parking of motor vehicles.
"Patio" means an outdoor living area usually hard surfaced and frequently fenced or covered.
"Permanent" means continuing or enduring in the same state, place, or the like without marked change.
"Permanent occupancy" means the use of land and/or structures or portions thereof for a period of thirty (30) consecutive days or longer.
"Person" means firms, corporations, associations, partnerships, societies and/or individuals.
"Pet" means a domestic animal kept for pleasure rather than utility. The keeping of pets shall be considered as an accessory use in residential and agricultural zone districts. If such animal is raised for the purpose of sale and/or food, it shall be conclusively presumed not to be a pet. For the purposes of this resolution, hogs, pigs, swine, sheep, horses, cattle, emus, rheas, ostriches, llamas, pea fowl, guinea hens or goats may be kept upon land zoned for agricultural use, as an activity of farming or ranching. Not more than one (1) domesticated pot-bellied pig, as herein defined, may be kept or maintained as a pet. It is prohibited to keep or maintain in the County any wild animals, poisonous snakes, or constricting snakes over four feet in length.
"Pharmacy" means a building or a part of a building used exclusively for the compounding and/or dispensing of medicines.
"Photometry" means the quantitative measurement of light level and distribution.
"Porch" means a roofed or unroofed unenclosed portion of a building projecting from the front, side or rear wall of the building.
"Premises" means the central, actual physical location where an activity is routinely conducted. The premises include the primary structures, parking facilities, and private roadway if they are necessary to the principal activity.
"Processing" means any activities associated with the preparation of commercial mineral deposit for use. These activities include, but are limited to: on-site transport, waste products from air emissions control and water treatment, crushing, screening, washing, slabbing, polishing, grinding, concrete or asphalt mixing (does not include concrete batch plant and hot mix plant), or other such action exclusive of extraction.
"Professional office" means an office for professions, such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, realtors, accountants, and others who through training are qualified to perform services of a professional nature, and where limited storage or sale of merchandise exists.
"Property Line". See "Line, property."
"Public hearing" means a meeting called by a public body for which public notice has been given and which is held in a place in which the general public may attend to hear issues and express their opinions.
"Publishing companies" means facilities for the preparation and issuance of printed material for public distribution or sale. This term shall include facilities for newspaper printing, job printing, and lithographing.
"Pueblo region" means an area in Pueblo County, Colorado, defined by resolutions of the Board of County Commissioners of Pueblo County and the City Council of the City of Pueblo, Colorado.
"Race track" means a course on which races are run.
"Ranch, Guest (Dude Ranch)" means a destination resort offering overnight accommodations and activities typical of Western ranches.
"Railroad mainline" means a railroad track handling long-distance, through traffic.
"Reclamation" means the employment, during and after an operation, of procedures reasonably designed to minimize as much as practicable the disruption from an operation and provide for the establishment of plant cover, stabilization of soil, protection of water resources, or other measures appropriate to the subsequent beneficial use of the affected lands.
"Recreation camps" mean a place used for vacationing or other recreational purposes consisting of permanent structures, which may contain cooking facilities, and used for temporary occupancy. This term shall not be interpreted to include hotels, motels, restaurants, theaters, or trailer camps (recreational vehicle park).
"Recreation vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper, and motor home.
"Recreational vehicle park" means a parcel of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
"Recreational vehicle site" means a plot of ground within a recreational vehicle park intended for the accommodation of either a recreational vehicle, tent or other individual camping unit on a temporary basis.
"Recycling collection center" means a drop-off facility accepting recyclable waste material from normal household operations. The recyclable material is limited to aluminum, glass, plastic, paper, and paper products that are intended for recycling. Recyclable materials do not include junk, refuse, electronics, or hazardous materials. The facility shall not involve on site processing of the recyclable materials. No commercial recyclers (i.e., waste disposal companies or the like) shall be permitted to utilize the facility for drop off of recyclable materials.
"Residence" means any room or group of rooms forming a single habitable unit with facilities which are used or intended to be used by one family and/or their resident domestic servants for its living, sleeping, cooking and eating needs. The width of any projected view of any exterior wall elevation of a residence shall not be less than twenty (20) feet.
The term "Residence" shall include a manufactured home which:
1. Is partially or entirely manufactured in a factory;
2. Is not less than twenty-four (24) feet in width and thirty-six (36) feet in length;
3. Is installed on an engineered permanent foundation;
4. Has brick, wood or cosmetically equivalent exterior siding on all exterior walls which provides a consistent, continuous facade from the bottom of the soffit (top of wall section) downward to the top of the exposed perimeter wall, foundation, or to grade, whichever is applicable; and has a pitched roof;
5. Is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et. seq., as amended, and all regulations enacted thereto, including any local modifications as are expressly allowed by Federal law, or which has been certified by the State of Colorado as being in compliance with the requirements of the Uniform Building Code as adopted by the State of Colorado and as is enforced and administered by the Colorado Division of Housing.
The term "residence" shall also include conventional stick-built housing, but shall not include mobile homes as defined herein.
"Residence-commercial" means the combination of both commercial and residential uses on the same lot or in the same structure. The commercial uses are restricted to those permitted in the district. The number of residential units is restricted to not more than the number permitted in the district.
"Retail" means sale to the ultimate consumer for direct consumption and/or use and not for resale.
“Retail Marijuana” means marijuana that is grown, tested, manufactured, stored and/or sold pursuant to the provisions of these regulations, the Colorado Retail Marijuana Code and by Section 16 of Article XVIII of the Colorado Constitution.
“Retail Marijuana Contiguous Cultivation Facility” means a licensed Retail Marijuana Cultivation Facility located in the B-4, Community Business Zone District, B-1, Neighborhood Business Zone District, I-1/I-2/I-3, Industrial Zone Districts, Planned Unit Development (PUD) Zone District, or R-5, Multiple-Residential and Office Zone District within the same building, or in another building on the same parcel of land as the licensed Retail Marijuana Store or licensed Retail Marijuana-Infused Products Manufacturer is located, or in a separate building located on a separate but adjacent parcel of land which shares at least 50% of a common lot line with the parcel upon which the licensed Retail Marijuana Store or licensed Retail Marijuana-Infused Products Manufacturer is located.
“Retail Marijuana Cultivation Facility” means a person licensed pursuant to this Chapter and to C.R.S. § 12-43.4-403, to operate a business as described in these regulations and any rules adopted pursuant thereto.
“Retail Marijuana Establishment” means a Retail Marijuana Store, a Retail Marijuana Cultivation Facility, a Retail Marijuana Product Manufacturing Facility, a Retail Marijuana Testing Facility, or a Storage Warehouse as set forth in Section 16 of Article XVIII of the Colorado Constitution and as may be more fully defined in the Colorado Retail Marijuana Code.
“Retail Marijuana-Infused Products Manufacturer” means a person licensed pursuant to this Chapter and the Colorado Retail Marijuana Code.
“Retail Marijuana Non-Contiguous Cultivation Facility” means a licensed Retail Marijuana Cultivation Facility located in the a) A-1/A-2, Agricultural Zone Districts in a building, greenhouse, or outside cultivation, OR b) I-1/I-2, Industrial Zone Districts in a building or greenhouse, OR c) I-3, Heavy Industrial Zone District in a building, OR d) in the Planned Unit Development (PUD) Zone District in a building, greenhouse, or outside cultivation. Non-Contiguous means the marijuana cultivation facility is not on the same property or in the same building with a Retail Marijuana Store or Retail Marijuana-Infused Products Manufacturer.
"Retail Marijuana Storage Warehouse (Off-Premise)" means a person licensed pursuant to Title 5 of the Pueblo County Code and to C.R.S. 12-43.4-101, et seq. to operate a business as described in the Licensing Regulations and as also described in C.R.S. 12-42.4-202(2)(b), 12-43.4-202(3)(a)(X), 12-43.4-701(2) and R802.
“Retail Marijuana Store” means a person licensed pursuant to this Chapter and the Colorado Retail Marijuana Code.
“Retail Marijuana Testing Facility” means a person licensed pursuant to this Chapter and the Colorado Retail Marijuana Code.
"Retail Marijuana Transporter" means a person licensed by both the State and County to transport retail marijuana and retail marijuana products from one retail marijuana establishment to another retail marijuana establishment and to temporarily store the transported retail marijuana and retail marijuana products at its licensed premises but is not authorized to sell retail marijuana or retail marijuana products under any circumstances; a person licensed pursuant to this Title and to Title 5 of the Pueblo County Code, to C.R.S. 12-43.4-101, et seq. to operate as described in the Licensing Regulations and as also described in C.R.S. 12-43.4-103, 12-43.4-202(3)(a)(XVII), 12-43.4-301, 12-43.4-401, 12-43.4-406 and Colorado Department of Revenue MED Retail Marijuana R 801 and R 802.
"Riding academy stables" means a facility providing for the rental of horses and accessories to such does not include rodeo grounds or the keeping of horses for personal use.
"Right-of-Way, Public" means all streets, roadways, sidewalks, alleys, and all other areas reserved for present or future use by the public, as a matter or right, for the purpose of vehicular or pedestrian travel.
"Road maintained" means a public road that has been accepted by a governmental agency for maintenance.
"Road, Private" means a right-of-way or easement for purposes of access which is in private ownership and which has not been dedicated to or accepted for maintenance by a public entity.
"Roadside sale stand (retail agricultural products)" means a structure and/or area for the display and retail sale of agricultural products. Agricultural products are those sold with the intent of human consumption as food. This definition also includes the retail sale of ornamental bulbs and bedding plants. Normal and incidental accessory uses for those agricultural products for sale at a roadside sale stand are: packaging, sorting, cleaning, drying, roasting and popcorn popping.
"Rooming House". See "House, rooming or boarding."
"Rotorcraft" means any aircraft deriving its principal lift or support in the air from one or more rotors or from the vertical component of the force produced by rotating airfoils.
"Row House". See "House, row."
"Runway" means the hard surface of the airport landing area used primarily for the landing and take off of aircraft.
1. "Instrument runway" means a runway equipped or to be equipped with a precision electronic navigation aid or other landing aids or other air navigational facilities suitable to permit the landing of aircraft by any instrument approach under restricted visibility conditions.
2. "Non-instrument runway" means a runway other than an instrument runway.
"Saddle shop" means a shop for the repair and sale of saddles and tack items (bridle and halter) for use on a horse, and the sale of incidental horse apparel and horse care products.
"Sanitarium". See "Hospital."
"Salvage Yard". See "Junk yard."
"Sawmill" means a mill or machine for sawing logs.
"Secretary" means the secretary to the Planning Commission or the Zoning Board of Appeals, or may be a designated employee.
"Self-service laundry". See "Laundromat."
"Semi-Attached Building". See "Building, semi-attached."
"Setback" means the distance from the lot line to any building or structure on the lot.
"Sexual encounter establishment" means a business establishment which, as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas, when one or more of the persons exposes any specified anatomical area.
"Shielding" means a technique or method of construction which causes all the light emitted from an outdoor light fixture to be projected below a horizontal plane passing through the fixture.
"Shooting Range, indoor" means a facility designed or used for shooting at targets with rifles, pistols, or shotguns and which is completely enclosed within a building or structure.
"Shooting Range, outdoor" means the use of land for archery and/or the discharging of firearms for the purposes of target practice, skeet and trap shooting, and temporary competitions, such as turkey shoots. Excluded from this use type shall be general hunting and unstructured and non-recurring discharging of firearms on private property.
"Sight-distance triangle" means a pentahedron shaped area at the intersection of two or more streets in which the unregulated placement of structures and improvements could reduce the visibility of motor vehicle operators and create a hazardous condition. The base of the pentahedron is a triangle, having angle points "a," "b," and "c" determined as follows: point "a" is the intersection of the existing curb or asphalt lines (extended), points "b" and "c" are points along the existing curb or asphalt lines measured back from point "a" a distance(s) determined by the Road and Bridge Department. The three sides of the pentahedron are perpendicular to the base and begin a distance of two (2) feet above the centerline grades of the intersecting streets, and extend to a height of eight (8) feet above the centerline grade.
"Sign" means an advertising device.
"Sign, Animated" means a sign having regular variation in its physical position by mechanical movement or mechanical rotation.
"Sign area" means the total area enclosed by the shortest single line that can be drawn around the entire sign, excluding structural supports. Each display face of a sign shall be measured separately in computing total sign area.
"Sign, Chasing" means a sign having a change in its visible advertisement by rotation or by the sequential presentation of words and/or phrases.
"Sign, Development" means a temporary sign which is established to inform the public of: (1) construction or rehabilitation occurring on the premises; or (2) identify model homes which represent residential structures which are being offered for construction in the subdivision or development.
"Sign, Face" means that portion of the sign visible to the public right-of-way for the purpose of advertising.
"Sign, Flashing" means any illuminated sign on which the artificial light or lights are not maintained in a satisfactory condition or not constant in intensity and color at all times when such sign is illuminated. A sign whereon the time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time and/or temperature.
"Sign, Fluttering" means a sign, including "wind sign," having irregular variation in its physical position by non-mechanical movement (e.g., wind). Fluttering signs, unless otherwise exempted by this division (e.g., national and state flags), are devices such as spinners, wind cups, streamers, pennants and flags.
"Sign, Free Standing" means a sign, which is supported by one or more uprights, poles or braces in or upon the ground; or a portable sign; or a sign, which by its configuration stands freely without support from a primary or accessory structure.
"Sign, Gateway" means a sign, which is established to denote entrance into a predominately residential neighborhood.
"Sign, Illuminated" means a sign which is directly lighted by any electrical light source, internal or external, except public light sources (e.g., street lights) and private light sources operated for the purpose of illuminating an area (e.g., parking lot) in which the sign is located.
"Sign, Projecting" means a sign which is attached directly to the building wall and which extends more than fifteen (15) inches from the face of the wall.
"Sign, Roof" means a sign erected upon or above a roof or parapet wall or a building or structure.
"Sign, Wall" means a sign painted on, attached to, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall and extending not more than fifteen (15) inches from the face of the wall.
"Solid wastes" mean garbage, refuse, sludge of sewage disposal plants, and other discarded solid materials, including solid waste materials resulting from industrial, commercial and community activities, but does not include agricultural wastes.
"Solid waste disposal" means the collection, storage, treatment, utilization, processing or final disposal of solid wastes.
"Solid waste disposal site and facility" means the location and facility at which the deposit and final treatment of solid wastes occur but does not include those sites where selected biologically and chemically stable materials such as concrete, mortar, bricks and asphalt are being used as a substitute for natural rock in land leveling and filling operations.
"Solid waste transfer station" means a facility at which refuse awaiting transportation to a disposal site is transferred from one type of collecting vehicle and placed into another.
"Special Event" means a temporary commercial, promotional, or festive activity, at a specific locatoin that is open to the public and is planned for or expected to attract a large assembly of persons.
A Special Event Permit is not required for the following: Parades; Wedding and funeral ceremonies; Events or gatherings that attract or are intended to attract less than 500 people; Election activities and political rallies; and Farming and harvest related events (e.g., corn mazes, pumpkin patches, and similar) which are held on a working farm.
"Specialized group facilities" means a residential structure, established and supervised by the Pueblo County Department of Social Services or a licensed child placement agency, which provides 24-hour care for five (5) to twelve (12) children from the ages of three (3) years old to eighteen (18) years old and those persons twenty-one (21) years old who are placed by court order prior to their eighteenth birthday whose special needs may be met through the medium of the small group. Children in care are from different family households and are not related to the caregiver. Caregivers are required to be licensed by the State of Colorado and/or the Pueblo County Department of Social Services. The definition of "Specialized Group Facilities" includes a "Specialized Group Home" and a "Specialized Group Center" as defined by the State of Colorado, Department of Human Services, Division of Child Care.
"Specified Anatomical Areas" are defined as:
1. Less than completely and opaquely covered: human genitals or pubic region or buttocks or female breast below a point above the top of the areola.
2. Human male genitals in a discernibly turgid state even if completely and opaquely covered.
"Specified sexual activities" mean acts, simulated acts, exhibitions, representations, depictions or descriptions through any medium of:
1. Human genitals in a state of sexual stimulation or arousal.
2. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
3. Intrusion, however slight, of any object, any part of an animal's body, or any part of a person's body into the genital or anal openings of any person's body or into the body of an animal.
"Sports complex" means a complex that allows for multiple indoor and outdoor recreational uses. These uses include sand volleyball courts, softball/baseball fields, batting cages, driving range, video arcade, snack bar, and restaurant/lounge.
"Spotlight or Floodlight" means any lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
"Stable" means a building for the purpose of housing and feeding of horses and for the storage of equipment relating to the care, maintenance and operation of the horses.
1. Commercial: any stable where horses are boarded for remuneration and/or where horses are kept for sale or hire.
2. Private: any stable where horses are boarded and owned by the occupants of the premises and are not kept for remuneration, sale or hire.
"Storage" means the act of stocking or supplying a product reserved for future use.
"Storage Warehouse" means a building in which the storage of Medical Marijuana or Retail Marijuana is conducted as the sole use of the building.
"Street" means a way for vehicular and/or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, mall or otherwise.
"Street, Center Line of" means the true center line of a dedicated public right-of-way as determined by the Commissioner of Roads. Where such public right-of-way is curved, offset, angular or any other question arises, the Commissioner of Roads shall determine the alignment of the center line.
"Street, Private" means a right-of-way or easement in private ownership, not dedicated or maintained as a public street which affords the principal means of access to one or more lots and not maintained by Pueblo County.
"Street, Right-of-Way". See "Right-of-way, public."
"Street width" means the horizontal distance between right-of-way lines.
"Structural alteration" means any change in the supporting members of a building such as bearing walls, columns, beams or girders.
"Structure" means anything constructed or erected and having a permanent location on the ground. (Does not include fences.)
"Structure, Nonconforming" means a building or structure, or portion thereof, lawfully existing at the time this resolution or any amendment hereto became effective, that does not conform to all regulations applicable in the zone district in which it is located. If a structure is made to be nonconforming by the actions of a local, State or Federal agency, then such structure shall not be considered to be a nonconforming structure.
"Structure, Permitted" means a structure meeting all the requirements established by these zoning regulations for the district in which the structure is located.
"Structure, Principal". See "Building, principal and/or main."
"Studio" means a place, where an art is taught or studied; an artist’s or photographer’s establishment.
"Subdivision" means a division, subdivision or resubdivision of a lot, tract or parcel of land into two or more lots, tracts or parcels of land.
"Telecommunication Tower(s)" means any structure that is designed and constructed primarlily for the purpose to supporting one (1) or more antenna clusters, microwave dishes and/or a combination thereof for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. Equipment shelters and support facilities constructed in conjunction with the tower shall be considered accessory structures but must be constructed within the specifically leased area.
"Temporary" means use of land and/or structure or portion thereof which continues for a period of less than thirty (30) consecutive days.
"Terrace" means a raised level or platform of earth surfaced or unsurfaced supported on one or more faces by a wall, a bank, turf or the like.
"Tourist Court". See "Motel."
"Tourist Home". See "Motel" or "Hotel."
"Tract" means an area, parcel, site, piece of land, or property that is the subject of a development proposal and applications.
"Trailer sales or manufacturing" means the sale or manufacturing of mobile homes or travel trailers.
"Travel trailer" means a temporary portable housing unit on wheels that is eight (8) feet or less in width and thirty-two (32) feet or less in length, excluding towing gear and bumpers which is designed for short-term occupancy while being used for travel, recreation and vacation.
"Trailer Park". See "Mobile home park."
"Unenclosed" means may be roofed, but may not be enclosed on more than two sides by walls or fences. See "Enclosed."
"Uplighting" means any light source that distributes illumination above a 90-degree horizontal plane.
"Use" means any activity taking place upon land and/or in structures.
"Use by Review". See "Use, special."
"Use by right" means a use which may be permitted in a zone district upon issuance of a permit by the County Zoning Administrator.
"Use, Nonconforming" means a use, which lawfully occupied a building or land at the time this resolution or an amendment hereto, became effective and which does not now conform with the use regulations applicable in the zone district in which it is located. Notwithstanding the foregoing, those existing uses which formerly were uses by right in a particular zone district, but which under current use regulations would now require favorable action by the Planning Commission in the form of a special use permit, shall not be considered nonconforming uses. However, any expansion of such use onto contiguous or adjacent parcels shall, for the expanded portion thereof, be required to obtain a special use permit and shall conform in other respects to the development standards, if any, for that particular zone district.
"Use, Principal". "Principal use" means any use listed as a use by right.
"Use, Special" means a use which may be permitted in a zone district upon favorable action by the Planning Commission.
"Variance" means a relaxation of the terms of the zoning resolution where such relaxation will not be contrary to the public interest or the INTENT AND PURPOSE of said resolution and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the zoning resolution would result in unnecessary and undue hardship, and the condition or situation is not of so general or recurrent a nature as to make reasonable and practicable the formulation of an amendment containing a general regulation for such condition or situation.
"Vehicle" means a device that is required to be licensed or registered, or is used to carry persons or goods from one place to another, and which is self-propelled or designed to be transported from one place to another upon wheels or endless tracks.
"Vehicle, Residential Accessory" means an automobile or other vehicle parked upon private property or public right-of-way, where a residence or mobile home has been legally constructed as a principal structure in a residential or agricultural zone district, subject to such standards and limitations set forth herein. The occupant of a residence or mobile home shall be the owner or operator of the vehicle. Junked vehicles and vehicles required to be licensed by the Colorado Public Utilities Commission shall not be considered residential accessory vehicles. This definition does not permit the use of the property as a depot, fleet maintenance, or storage yard for vehicles. For the purpose of this definition, residential accessory vehicles are as follows:
1. "Authorized emergency vehicle" means such vehicles of a fire department, police department, ambulance company, and other emergency service providers which are publicly owned and operated by or for a governmental agency to protect and preserve life and property in accordance with state law regulating emergency vehicles. This term also means privately owned vehicles which are designated by the State Motor Vehicle Department to be necessary to preserve life or property, and are equipped to be operated as emergency vehicles in the manner prescribed by law.
2. "Automobile" means a conventional automobile. This definition does not include automobiles offered for hire as a common carrier, such as taxicabs and limousine service automobiles.
3. "Farm vehicle" means a vehicle customarily used in farming and ranching, such as truck, tractor and implements of husbandry, when the property is principally used for farming or ranching and the vehicle is principally used in conjunction with the property.
4. "Motorcycle". Motorcycles and motorized bicycles are permitted.
5. "Recreation vehicle" means a vehicular type unit designed as temporary living quarters for recreation or camping which may be mounted on or drawn by another vehicle, such as travel trailer, camping trailer, truck camper, and motor home. Recreational vehicles, which are residential accessory vehicles, shall also include boats, boat trailers, and snowmobiles. Recreational vehicle shall not be parked on any public right-of-way. Recreational vehicles shall be so parked on private property to not impede the visibility of pedestrian or vehicular traffic. No recreational vehicle shall be used as a dwelling or residence on a permanent basis when parked at a residence or mobile home.
6. "School bus" means a vehicle parked in the A-1 through A-4 zone districts which is solely used to transport students and which is owned and operated by a public or private school district, provided neither maintenance nor repairs are performed on the bus at such property. School buses shall not be parked on any public right-of-way. School buses shall be so parked on private property to not impede the visibility of pedestrian or vehicular traffic. This definition does not include preschool, church and Sunday school, and camp buses. A school bus is not a residential accessory vehicle in the R-A and R-1 through R-8 zone districts.
7. "Truck and van" means a vehicle whose manufacturer’s rated chassis or carrying capacity is one ton or less. This definition does not preclude temporary parking during the loading or unloading of any truck or van, or while being used for onsite construction work.
"Visible" means capable of being seen, whether or not legible, without visual aid by a person of normal acuity.
"Wall" means an obscuring structure constructed of masonry, brick, concrete, metal, wood or similar materials that prevents the passage of light, air and vision.
"Warehouse" means a building or portion thereof used and appropriated by the occupant: (1) for the deposit and safekeeping or selling of his or her own goods at wholesale or by mail order; or (2) not for the deposit and safekeeping or selling of his or her own goods but for the purpose of storing the goods of others placed there in the regular course of commercial dealing and trade, to be again removed or reshipped.
"Wholesale" means sale for resale, not for direct consumption.
"Wild Animal" shall mean any species of animal which exists in a natural unconfined state and is not commonly domesticated or suitable for domestication. The term specifically includes, without limitation, all species of poisonous reptiles, lizards belonging to the family Varanidae and crocodilians.
"Winery" means an agricultural processing plant used for the commercial purpose of processing grapes, other fruit products, or vegetables to produce wine. Processing includes crushing, fermenting, blending, aging, storage, bottling, administrative office functions for the winery, and warehousing. Retail sales and tasting facilities of wine and related promotional items may be permitted as part of the winery operations.
"Wrecking Yard". See "Junk yard."
"Yard" means an existing or required space not occupied or not to be occupied by a principal use or building on the same lot, parcel or tract with a principal use or building.
"Yard, Front" means a yard extending the full width of the lot and situated between the street line and the required front setback line.
"Yard, Rear" means a yard extending the full width of the lot and situated between the rear line of the lot and the required rear setback line.
"Yard, Side" means a yard extending between the required side setback line and the adjacent side line of the lot and extending from the required front setback line to the required rear setback line.
"Zone District". See "District, zone".