ARTICLE 12

DEFINITIONS

12.1     General Interpretation

The words and terms used, defined, interpreted or further described in these Regulations may be construed as follows:

(A)      The particular controls the general.

(B)       The word “shall” is always mandatory and not directory. The word “may” is permissive.

(C)       Words used in the present tense include the future unless the context clearly indicates to the contrary.

(D)      Words used in the singular include the plural and words used in the plural include the singular unless the context clearly indicates to the contrary.

(E)       The phrase “used for” includes “arranged for,” “designed for,” “intended for,” “maintained for,” and “occupied for.”

(F)       In case of any difference of meaning or implication between the text of these Regulations and the captions of each section, the text shall control.

12.2     Words and Terms

            The following specific words and terms are defined as follows:

ACCESSORY STRUCTURE or USE. A structure or use incidental or subordinate to the principal use of the property including a home occupation which is located on the same lot (or a contiguous lot in the same ownership) with the principal use.

ALLEY. A minor right-of-way dedicated to public use, which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street and which may be used for public utility purposes.

BED AND BREAKFAST. A building designed as and for a single family residence providing temporary lodging to transients: (1.) for less than thirty consecutive nights; (2.) in four or fewer separate bedrooms; (3.) in which breakfast is provided to every guest every morning as a part of the nightly rent and; (4.) a manager resides within the residence.

BOARDING HOUSE OR ROOMING HOUSE. A building designed as and for single family residence providing temporary or long-term lodging to persons: (1.) for any period of time; (2.) in four or fewer separate bedrooms; (3.) in which one or more meals are provided to every resident every day as a part of the rent and; (4.) a manager resides within the residence.

BUILDING. A structure built for the shelter or enclosure of persons, animals, chattels, property or substances of any kind, excluding fences.

BUILDING COVERAGE. Any area or portion of lot which is covered by all buildings on that lot.

BUILDING HEIGHT. The vertical distance measured from the lowest point of finished grade on the lot within 25 feet of the building to the uppermost point of the roof.

BUSINESS and PROFESSIONAL OFFICE. The office of an engineer, planner, dentist, doctor, attorney, real estate broker, insurance broker, architect or other similar professional persons, and any office use primarily for accounting, correspondence research, editing, or administration.

CAMPGROUND. Any plot of improved property utilized for parking of camping units as herein defined.

CAMPING UNIT. Any pick-up camper, travel trailer, tent trailer or similar mobile unit not exceeding either eight (8) feet in body width or forty (40) feet in body length and designed specifically for recreational and vacation purposes.

COMMERCIAL. Viewed with regard to profit, designed for profit.

COMMON OPEN SPACE. A parcel of land or an area of water or a combination of both land and water within any site designated as a planned unit development. Common open space does not include streets, alleys, parks, off-street parking and loading areas, public open space or other facilities dedicated by the developer for public use. Common open space shall be substantially free of structures, but may contain such improvements that are approved as part of the planned unit development and are appropriate for the recreation of residents of the planned unit development.

COMPREHENSIVE PLAN. The comprehensive plan for the County if such exists, or in its absence, the comprehensive plan for the San Luis Valley Planning Region of Colorado, which has been officially adopted to provide long-range development policies for the area and which includes, among other things, the plan for land use, land subdivision, circulation and public facilities.

CORNER LOT. A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street and where, in either case, the interior angle formed by the intersection of street lines does not exceed 135 degrees.

COUNTY. The County of Mineral, Colorado.

COUNTY OFFICIALS. The Board of County Commissioners of Mineral County is referred to herein as the “Board”. The Mineral County Planning Commission is referred to as the “Planning Commission”. The Mineral County Board of Adjustment is referred to as the “B of A”. The Mineral County Land Use Administrator is referred to as the “Land Use Administrator”. The Mineral County Court is referred to as the “County Court”. The Mineral County Clerk and Recorder is referred to as the “Clerk and Recorder”. The Mineral County Treasurer is referred to as the “County Treasurer”. The Mineral County Assessor is referred to as the “County Assessor”. The Mineral County Sheriff is referred to as the “County Sheriff”. The Mineral County Attorney is referred to as the “County Attorney”.

DENSITY. The number of dwelling units per acre of land devoted to housing and usable open space.

DEVELOPER. Any owner or lawful representative of an owner who acts as an applicant for a subdivision or PUD.

DISPOSITION. A contract of sale resulting in the transfer of equitable title to an interest in subdivided land; an option to purchase an interest in subdivided land; a lease or an assignment of an interest in subdivided land; or any other conveyance of an interest in subdivided land which is not made pursuant to one of the foregoing.

DISTRICT. An area or areas within the unincorporated part of the County for which the regulations and requirements governing use, lot, and bulk of building and premises are uniform.

DRIVE-IN ESTABLISHMENT. An establishment which is designed to provide, wholly or in part, service to customers while they remain in their automobiles parked on the premises.

DWELLING, FARM AND RANCH. Residential dwellings including mobile homes appurtenant to agricultural operations including living quarters for persons employed on the premises (but not including labor camps or dwellings for transient labor), and guesthouses not rented or otherwise conducted as a business.

DWELLING, MULTI-UNIT. A building used by two or more families living independently of each other in separate dwelling units but not including hotels, motels, or resorts.

DWELLING, SINGLE-UNIT. A detached principal building other than a mobile home designed for or used as a dwelling exclusively by one family as an independent living unit.

DWELLING UNIT. One room or rooms connected together constituting a separate independent housekeeping establishment for owner occupancy or rental or lease on a monthly or longer basis—physically separated from any other rooms or dwelling units which may be in the same structure and served by not more than one gas meter and one electric meter.

EASEMENT. Authorization by a property owner for the use by the public, a corporation, or persons, of any designated part of his or her property for specific purposes.

EMPLOYEES. All persons, including proprietors, working on the premises during the largest shift at peak season.

ENGINEER or LICENSED PROFESSIONAL ENGINEER. A person licensed as a professional engineer by the State of Colorado.

FEED LOTS. A tract of land devoted to concentrated and intensive feeding of livestock for gain, usually involving the feeding of processed foods to animals within more or less permanent corrals, pens, or yards; except transient populations of animals used to glean fields or any available forage.

FENCE. A free-standing structure of metal, masonry, composition or wood or any combination thereof resting on or partially buried in the ground and rising above ground level used for confinement, screening or partition purposes.

FLOOR AREA. The area included within the outside walls of a building or portion thereof including habitable tenant houses and attic space, but not including vent shafts, courts or uninhabitable areas below ground level or in attics.

FRONTAGE. That portion of a lot, parcel, tract or block abutting upon a street.

GARAGE, PRIVATE. An accessory building or accessory portion of the main building designed for the shelter or storage of motor vehicles owned or operated by occupants of the main building only.

GARAGE, PUBLIC. A garage, other than a private garage, used for the housing or care of motor vehicles or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

GRADE (ground level). The average of the finished ground level at the center of all walls of the building or at the center of the structure.

GUEST ROOM. A room in a hotel, motel, bed and breakfast, boarding house or rooming house offered to the public for compensation in which room no provision is made for cooking and which room is used only for human occupancy.

HOME OCCUPATION. An occupation carried on in a dwelling or accessory building by members of the family occupying the dwelling with no servant, employee, or other person being engaged, provided the residential character of the building is maintained and the occupation is conducted in such a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term nor infringe upon the right of neighboring residents to enjoy a quiet and peaceful occupancy of their homes.

HOSPITAL. Any building or portion thereof used for diagnosis and treatment and care of human ailments but not including medical clinics, rest homes, convalescent homes, nursing homes and retirement homes.

HOTEL/MOTEL. An establishment that provides temporary lodging in guest rooms in which meals, entertainment and various personal services for the public may or may not be provided and an automobile parking area.

JUNK YARD (SALVAGE). Any lot, parcel or tract used for storage, keeping, sale or abandonment of junk and/or for the dismantling, demolition or abandonment of automobiles or other junk or parts thereof.

KENNEL. A lot or building in which four (4) or more household pets at least six (6) months of age or older are kept commercially for board, propagation or sale.

LOT. A parcel of land, whether or not platted, in single ownership and not divided by a street.

LOT AREA. Total horizontal area within the lot lines of a lot.

LOT, CORNER. See definition of Corner Lot.

LOT, DOUBLE FRONTAGE. A lot which runs through a block from street to street and which has two nonintersecting sides abutting on two or more streets.

LOT DEPTH. The average horizontal distance between front and rear lot lines.

LOT, INTERIOR. A lot other than a corner lot.

LOT LINE. The property line bounding a lot.

LOT LINE, FRONT. The property line dividing a lot from the right-of-way of the street. For a corner lot, the shortest street right-of-way line shall be considered as the front line.

LOT LINE, REAR. The property line opposite the front lot line.

LOT LINE, SIDE. Any lot line other than a front or rear lot line.

LOT, SINGLE TIER. A lot which backs upon an arterial highway, a major street, a railroad, a physical barrier or a nonresidential use and to which vehicular access from the rear is usually prohibited.

LOT WIDTH. The distance on a horizontal plane between the side lot lines of a lot measured at right angles to the line establishing the lot depth at the established building setback line.

MANUFACTURED (HUD) HOME. A single family dwelling, which: (1.) Is partially or entirely manufactured in a factory under a federal building code administered by the U.S. Department of Housing and Urban Development (HUD); (2.) Is not less than twenty-four feet in width and thirty-six feet in length; (3.) Is installed on a poured, permanent foundation or engineered equivalent; (4.) Has brick, wood, or cosmetically equivalent exterior siding and a minimum 4/12 pitched roof; and (5.) Is certified pursuant to the “National Manufactured Housing Construction and Safety Standards Act of 1974”, U.S.C. 540 et seq., as amended.

MOBILE HOME. A structure designed to be transported after fabrication and exceeding either eight (8) feet in body width or thirty-two (32) feet in body length. Such a structure is built on a chassis and retains the chassis on which it was built, whether or not such structure is placed on a permanent foundation. Such a structure is suitable for human habitation on a year-round basis when provided with the required plumbing, heating, and electrical facilities. In districts that prohibit mobile homes, such prohibition will remain even if the mobile home is placed on a permanent foundation. “Mobile Home” shall not include any camping unit such as travel trailers, campers, RV’s or self-contained “motor homes”.

MOBILE HOME PARK. Any plot of ground upon which two or more mobile homes, occupied or intended to be occupied for dwelling or sleeping purposes, are located for periods of longer than ninety (90) days regardless of whether or not a charge is made for such accommodation, all as regulated in the Mineral County Mobile Home Park and Campground Regulation.

MOBILE HOME PARK, TRANSIENT. Any plot of ground upon which two or more mobile homes and/or camping units are located and occupied, or intended to be occupied, for dwelling or sleeping purposes for periods of ninety (90) days of less, regardless of whether or not a charge is made for such accommodation all as regulated in the Mineral County Mobile Home Park and Campground Regulations.

MODULAR HOME. A structure designed to be transported after fabrication and located as a permanent addition to, and becoming a part of, the real property. Such a structure must meet minimum construction requirements of the Uniform Building Code or similar requirements as accepted by the Federal Housing Administration or the Veteran’s Administration. Such structure must be set on a permanent foundation and is subject to all building, zoning, electrical and plumbing laws and regulations. Any such manufactured / modular home meeting the requirements herein defined is not considered a manufactured / mobile home.

NONCONFORMING STRUCTURE OR USE. A lawful structure or use in place on March 31, 1976 or at the time that any amendments to these Zoning Regulations become effective.

PARKING, OFF-STREET. Parking of motor vehicles off the public rights-of-way.

PARKING SPACE. A rectangular area of 9’x18’ in size or 8’x15’ in size (designated small car) for parking a single vehicle.

PERSON. Any individual, firm, partnership, corporation, joint venture, company, association, or other legal entity.

PLAN, SKETCH. A map of a proposed subdivision or planned unit development, drawn and submitted in accordance with the requirements of these Regulations, to evaluate feasibility and design characteristics at an early stage in the planning.

PLAT, FINAL. A map and supporting materials of certain described land prepared in accordance with the Subdivision Regulations as an instrument for recording of real estate interests with the County Clerk and Recorder.

PLAT, PRELIMINARY. The map or maps of a proposed subdivision or planned unit development and supporting materials, drawn and submitted in accordance with the requirements of adopted regulations, to permit the evaluation of the proposal prior to detailed engineering and design.

PREMISES. A general term meaning part or all of any lot, parcel or tract or part or all of any building or structure or group of buildings or structures located thereon.

PROPERTY LINE. The boundary of any lot, parcel or tract as the same is described in conveyance to the owner, and shall not include the streets or alleys upon which the said lot, parcel or tract may abut.

PUBLIC HEARING. A public hearing 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.

PUBLIC MEETING. A meeting of the Planning Commission, whether or not for a specific purpose or general purposes, for which public notice is usually required and which is held in a place in which the general public may participate.

RV. Any mobile, self-contained, motorized vehicle consisting of one (1) single-family living unit, no wider than eight and one-half (8½′) feet in its transit state and not more than fifty-three (53′) feet in length, suitable for living, recreation and vacation purposes.

RETAIL. Sale to the ultimate consumer for direct consumption and/or use and not for resale.

RIGHT-OF-WAY, PUBLIC. All streets, roadways, sidewalks, alleys, and all other areas reserved for present or future use by the public as a matter of right, for the purpose of vehicular or pedestrian travel.

SALVAGE YARD. See definition of Junk Yard.

SCREENING. Decorative fencing, evergreen vegetation or earth berms maintained for the purpose of concealing from view the area behind such screening. Screening shall be not less than six (6) nor more than eight (8) feet in height.

SERVICE STATION. A building or premises on or in which the principle use is the retail sale of oil, gasoline, diesel or other fuel for motor vehicles or the re-charging of electric vehicles. This may include, as incidental uses only, facilities used for polishing, greasing, washing or otherwise cleaning or light servicing of motor vehicles, but may not include liquefied petroleum gas distribution facilities or facilities for major repairs for motor vehicles.

SETBACK. A line or lines designating the area outside of which buildings may not be erected, as measured from the property lines.

SHORT-TERM RENTAL. The rental of an entire one-unit dwelling for less than 30 consecutive days.

SIGN. A sign is any object or device or part thereof situated outdoors or indoors and used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business product, service, event or location by any means including words, letters figures, designs, symbols, fixtures, colors, motion, illumination or projected images. Signs do not include the following: (1) flags of nations or an organization of nations, states and cities, fraternal, religious and civic organizations; (2) merchandise, pictures or models of products or services incorporated in a window display; (3) time and temperature devices not related to a product; (4) national, state, religious, fraternal, professional and civic symbols or crests; (5) works of art which in no way identify a product; and (6) scoreboards located on athletic fields. If for any reason it cannot be readily determined whether or not an object is a sign, the Land Use Administrator shall make such a determination.

SIGN, ANIMATED. Any sign or part of a sign which changes physical position by any movement or rotation.

SIGN, ARCADE. A wall or projecting sign attached to the roof or wall of an arcade and totally within the outside limits of the structural surfaces which are delineating the arcade.

SIGN, BUSINESS. A sign which directs attention to a business or profession conducted, a commodity or service sold, offered or manufactured or an entertainment offered, on the premises where the sign is located or to which it is affixed.

SIGN, FLASHING. Any directly or indirectly illuminated sign either stationary or animated, which exhibits changing natural or artificial light or color effects by any means whatsoever.

SIGN, GROUND. A sign supported by poles, uprights or braces extending from the ground but not attached to any part of any building.

SIGN, ILLUMINATED. A sign lighted by or exposed to artificial lighting either by lights on the sign or directed towards the sign.

SIGN, JOINT IDENTIFICATION. A sign which serves as a common or collective identification for two or more businesses or industrial uses on the same lot.

SIGN, MARQUEE. A sign attached to, painted on, erected against or extending from a marquee.

SIGN, OUTDOOR GENERAL ADVERTISING. A sign relating to products, services or uses not on the same lot.

SIGN, PORTABLE. Any sign that is not permanently affixed to a building, structure or the ground.

SIGN, PROJECTING. A sign other than a wall sign which projects from a wall and is supported by a wall.

SIGN, ROOF. A sign which projects above the roofline or is located on the roof of a building or structure.

SIGN, TEMPORARY. Any sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material intended to be displayed for a short period of time.

SIGN, WALL. A sign attached to, painted on or erected against a wall of a building which extends no more than 12 inches from the wall surface to which it is attached and whose display surface is parallel to the face of the building to which the sign is attached.

SIGN, WINDOW. A sign which is applied or attached to or located within three feet of the interior of a window, which sign can be seen through the window from the exterior of the structure.

SIGN, WIND. Any sign in the nature of a series of two or more banners, flags, pennants or other objects or material which call attention to a product or service, fastened in such a manner as to move upon being subjected to pressure by wind or breeze.

SIGN WITH BACKING. Any sign that is displayed upon, against or through any material or color surface or backing that forms an integral part of such display and differentiates the total display from the background against which it is placed.

SIGN WITHOUT BACKING. Any word, letter, emblem, insignia, figure or similar character or group thereof that is neither backed by, incorporated in or otherwise made part of any larger display area.

STREET. The term “street” means a public way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, place or however otherwise designated. Some such designations useful in evaluating these Regulations are:

(1)       ARTERIAL HIGHWAY right-of-way used primarily for fast or heavy traffic volumes for long distances and usually is or would be designated as a State Highway.

(2)       MAJOR THOROUGHFARE right-of-way which generally carries traffic throughout the County or across urban communities.

(3)       COLLECTOR right-of-way which collects traffic from minor streets and serves as the most direct route to a major street or community facility.

(4)       MINOR STREET right-of-way the primary purpose of which is to provide access to adjacent properties and which is designed so that its use by arterial traffic will be discouraged.

(5)       CUL-DE-SAC a minor street having one end open to vehicular traffic and having one end closed and terminated by a turnaround.

(6)       FRONTAGE STREET OR ROAD is a minor street auxiliary to and located on the side of a major thoroughfare or arterial highway for providing and controlling access to abutting properties and adjacent areas.

STRUCTURE. Anything constructed or erected with a fixed location from the ground above grade but not including fence posts, poles, lines, cables or other transmission or other distribution facilities of public utilities.

STRUCTURAL ALTERATION. Any change to the supporting members of a structure including foundations, bearing walls, bearing partitions, columns, beams girders or any structural change in the roof.

SUBDIVISION. “Subdivision” or “subdivided land” means any parcel or land which is divided into two or more parcels, separate interests or interests in common. The terms “subdivision” and “subdivided land” shall not apply to any division of land which creates parcels of land each of which comprise thirty-five (35) or more acres of land, none of which is intended for use by multiple owners. The Board of County Commissioners, may, pursuant to resolution, exempt from this definition any division of land if the Board of County Commissioners determines that such division is not within the purposes of any Land Use Regulations.

SUBDIVISION IMPROVEMENTS AGREEMENT. One or more security arrangements which may be accepted by the County to secure the construction of such public improvements as are required by the Subdivision Regulations within the subdivision and shall include collateral, such as, but not limited to, performance or property bonds, private or public escrow agreements, loan commitments, assignments of receivables, liens on property, deposit of certified funds, letters of credit or other similar surety agreement.

USE. The purpose for which land or a structure is designed, arranged or intended or for which it is occupied or maintained.

USE, ACCESSORY. A subordinate use which is customarily incidental to the principal building or to the principal use of the lot.

USE, CONDITIONAL. A use which may be permitted in a zone district upon proper application and favorable action by the Board of County Commissioners.

USE, NONCONFORMING. A use lawfully within a building or upon land at the time these Regulations became effective and which does not now conform with the use regulations in the zone district in which it is located.

USE PERMITTED. A use allowed by right in conformance with Article 2.

USE, PRINCIPAL. The principal use of land or a structure as distinguished from a subordinate or accessory use.

USE, TEMPORARY. A use which, by nature and intent, exists for a short time only.

USABLE OPEN SPACE. Land, including outdoor recreation areas, driveways that do not serve three or more parking spaces, and underground facilities, that is free of buildings, structures and other substantial improvements, but excluding public or private rights-of-way for streets or highways or roofs, open parking areas, parking garages and slopes in excess of twenty-five percent (25%).

UTILITY INSTALLATIONS. Such installations may be public or private, may be located within or without public ways and provide services to the public that are usually of an essential nature. They include electric substations, electric generating stations, sewer lift stations, telephone exchanges, gas regulators, transmission and distribution wire, lines and pipes of every kind but not including utility offices or utility repair, storage or reproduction facilities.

VARIANCE. A minimum easing of the terms of these Regulations where such easing will not be contrary to the public interest or to the intent and purpose of these Regulations and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of these Regulations 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 practical the formulation of an amendment containing a general regulation for such condition or situation.

VISION CLEARANCE AREA. A triangular area on a lot at the intersection of two streets or a street and a railroad, two sides or which are lot lines measured from the corner intersection of the lot lines to a distance specified in these Regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines and intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The vision clearance area shall contains no plantings, walls, structures or temporary or permanent obstructions exceeding three and one-half (3 1/2) feet in height measured from the top of the curb or existing grade.

YARD. An open space on a lot which is unobstructed from the ground upward except as otherwise provided in these Regulations.

YARD, FRONT. A yard extending the full width of the lot and situated between the front lot line and the required front setback line.

YARD, REAR. A yard extending the full width of the lot and situated between the rear lot line and the required rear setback line.

YARD, SIDE. 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.