Loading...
7.08.10 General Definitions - CLEANOrdinance 25-06 7.08.010 General Definitions, Avon Municipal Code 7.08.010 General Definitions The terms in this Section shall be defined as stated in this Section. The rules of interpretation stated in Section 7.04.040, Interpretation, shall apply to the interpretation and application of the definitions in this Section. Access means the driveway or pathway, by which pedestrians and vehicles shall have adequate, usable and legal ingress and egress to property, use or parking space. Access grade means the slope of a road, street, driveway or other means of access, as measured from the edge of asphalt along the centerline of the means of access. Accessory building means a subordinate building or structure, the use of which is customarily incidental to that of the main building or to the main use of the land, which is located on the same lot (or on a contiguous lot in the same ownership) with the main building or use. Accessory buildings are only permitted when they are incidental or accessory to an existing and permitted principal or conditional use. Accessory structure means a subordinate building that is located on the same lot on which the main building is situated, and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. Accessory uses are uses of land that are found on the same parcel as the principal use but are subordinate and incidental. Accommodation or accommodation unit means any room or group of rooms used primarily for transient lodging and accessible from common corridors, walks or balconies without passing through another accommodation unit and shall be no larger than six hundred (600) square feet. For the purposes of calculating allowable units per acre or density, each accommodation unit shall be counted as one-third of a dwelling unit, except as set forth in the definition of dwelling unit herein. Adjacent means meeting or touching at some point or separated from a lot or parcel by one (1) of the following: a street, alley or other right-of-way, lake, stream or open space. Adjacent property owner means an owner of record of any estate, right or interest in real property abutting and within three hundred (300) feet of the subject property. Alley means a minor or secondary way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street. Alteration means any change, addition or modification in construction, occupancy or use or change in the exterior materials or design which is inconsistent with an approved design. Animal boarding means the operation of an establishment in which domesticated animals other than household pets are housed, groomed, bred, boarded, trained or sold. This term shall not include the operation of a kennel. Annual high water mark means the visible line on the edge of a river, stream, lake, pond, spring or seep up to which the presence and action of water are so usual and long conditions (with a recurrence interval of one [1] year or less) so as to create a distinct character with respect to vegetation and the nature of the soil. Applicant means an owner of real property, the owner's representative or owner of an option to acquire the property or portion thereof, who is authorized to represent and/or act upon any application or submittal. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code Appurtenances are the visible, functional or ornamental objects accessory to and part of a building. Arcade is a series of arches supported on piers or columns. Architectural projection means a building element (i.e., chimney, cupola) which physically projects beyond the plane of a required limitation (i.e., height). Automobile repair shop, major means an establishment primarily engaged in the repair or maintenance of commercial and heavy truck oriented motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, provided that it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products. Automobile repair shop, minor means an establishment primarily engaged in the repair or maintenance of passenger and light truck oriented motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, car washing, detailing, polishing or the like, provided that it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products. Awning means a roof-like cover of canvas or other material extending in front of a doorway or window or over a deck, to provide protection from the sun or rain. Balcony means that portion of a structure that is essentially open and outward from the main building with a floor and a railing, with or without a ceiling and over four (4) feet above the existing ground level. Base Flood Elevation (BFE) means the elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and VE that indicates the water surface elevation resulting from a flood that has a one-percent chance of equaling or exceeding that level in any given year. Basement means the definition of basement as set forth in the most recent version of the International Building Code adopted by the Town. Bed and breakfast means an establishment operated in a private residence or portion thereof, which provides temporary accommodations to overnight guests for a fee and which is occupied by the operator of such establishment. Berm means a mound of earth used to screen or separate one (1) area from another to reduce visual, noise and similar impacts of development. Berm may also mean the act of pushing earth into a mound. Best Management Practice (BMP) means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include treatment requirements, operating procedures and practice to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage. Blank wall means an exterior building wall with no openings and a single material and uniform texture on a single plane. Block means a unit of land or a group of lots, bounded by streets or by a combination of streets and public lands or other rights-of-way other than an alley, waterways or any barrier to the continuity of development or land which is designated as a block on any recorded subdivision plat. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code Buildable area means the area of any site, lot, parcel or any portion thereof which does not contain land under water, public rights-of-way, areas in excess of forty percent (40%) slope or other constraints which restrict the physical ability or legal right to build on the property. Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is permanently affixed to the land and has one (1) or more floors and a roof. Building Code means the building codes adopted in Title 15 of this Municipal Code, as may be amended. Building envelopes means portions of a lot within which all buildings are confined and is delineated on a plat; a specified area that does not alter or otherwise affect existing setbacks or easements. Building frontage means the horizontal, linear dimension of that side of a building, which abuts a street, a parking area, a mall or other circulation area open to the public and has either a main window display or a primary entrance to the building. Building height means the distance measured vertically from the existing grade or finished grade (whichever is more restrictive) at any given point outside the building to the top of a flat roof, mansard roof or sloping roof. Within a building, height shall be measured vertically from any point on a flat roof, mansard roof or sloping roof to the existing grade or finished grade directly below said point. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code Bus shelter means a facility or area which provides protection from the weather to persons who are waiting to board a publicly owned or franchised bus. Bus stop means a facility for the loading and discharging of bus passengers. Caliper means the American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six (6) inches above the ground for trees up to and including four-inch caliper size and as measured at twelve (12) inches above the ground for larger sizes. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code Carport means a structure attached or made a part of the main structure and that is open to the outside on at least two (2) sides for the purpose of sheltering motor-driven vehicles used by occupants of the main structure. Cash-in-lieu (also known as fee-in-lieu) means that the payment of funds to the Town instead of the dedication of real property interest when the Council determines that the dedication of real property interest is not practical or as beneficial as payment of cash-in-lieu of land dedication. Payment of cash-in-lieu shall comply with the following requirements unless otherwise provided for by this Code: (a) Payment shall be based on the fair market value of the entire property based on the per square foot value of the property with the requested development approval that requires dedication of land or cash-in-lieu. (b) The value of the land shall be based upon an amount negotiated between the Town and the applicant taking into consideration sales of comparable properties. In the event that the Town and the applicant are not able to negotiate a mutually acceptable per square foot value for cash- in-lieu of dedication of land, the applicant shall provide an appraisal to the Town at the applicant's cost for consideration by the Council. The Council may accept the applicant's proposed appraised value or may reject the applicant's proposed appraised value and commission an independent appraisal which shall be paid by the applicant. The Council shall then use the appraised value as set forth by the appraisal commission by the Town. (c) Combination of dedication and cash-in-lieu: (1) The applicant, at the option of the Council, may meet the dedication requirements through a combination of cash-in-lieu and land dedication in those cases where a portion of the dedication of land is not desired. (2) The value of the combination of both the land dedication and the cash-in-lieu of land shall not exceed the full market value of the total required dedication of sites and land areas. Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including mausoleums and mortuaries when operated in conjunction with and within the boundaries of, such cemetery. Child care center means a facility, by whatever name known, which is maintained for the whole or part of a day for the care of five (5) or more children under the age of sixteen (16) years who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated education purposes. The term includes, but is not limited to, facilities commonly known as day-care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, centers for developmentally disabled children and those facilities which give twenty-four-hour-per-day care for dependent and neglected children, but specifically excludes any family care home as defined in this Code. Child care centers are also those facilities for children under the age of six (6) years with stated educational purposes which are operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six (6) grades so long as the school system is not also providing extended day services. Church or place of worship and assembly means a building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious or other services or meetings of the occupants of such structure. Church or place of worship and assembly shall include churches, synagogues Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code or the like, but shall not include buildings used for commercial endeavors, including but not limited to commercial motion picture houses or stage productions. Common element means that portion of a condominium project held in common ownership by the owners or the condominium association or that portion of a project other than a condominium project which is not under the exclusive ownership or possession of the owners or occupants of a limited portion of the project. Common open space means open space designed and intended primarily for the use or enjoyment of residents, occupants and owners of a specific property or development. Community facility means a publicly owned facility or office building which is primarily intended to serve the recreational, educational, cultural, administrative or entertainment needs of the community as a whole. Community Housing means the definition of Community Housing as set forth in Avon Municipal Code Section 3.14.020. Compatibility means the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development. Comprehensive Plan means the Avon Comprehensive Plan; the West Town Center District Investment Plan; the East Town Center District Plan; the Master Plan for Harry A. Nottingham Park; the 2016 Recreational Trails Master Plan; and the Town of Avon Comprehensive Transportation Plan, any other document adopted as a supplement or sub-area plan of the Avon Comprehensive Plan, as all such documents may be amended from time to time, provided that such amendments or supplemental documents are adopted by ordinance. Conditional Letter of Map Revision (CLOMR) means FEMA's comment on a proposed project which does not revise an effective floodplain map that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain. Condominium means an individual airspace unit together with the interest in the common elements appurtenant to such unit. Connecting walkway means: (a) Any street sidewalk; or (b) Any walkway that directly connects a building entrance to the street sidewalk and connects other origins and destinations for pedestrians, including but not limited to commercial establishments, schools, parks, dwellings, work places and transit stops, without requiring pedestrians to walk across parking lots or driveways, around buildings or following parking lot outlines which are not aligned to a logical route. Conservation easement means an interest in real property that provides the owner of the easement the right to prohibit certain users or acts with respect to the property in order to maintain the property in a manner that will preserve its value for recreation, education, habitat, open space or historical importance. See also Section 38-30.5-102, C.R.S. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code Construction (activity) means work done on a job site that alters the existing conditions of a property. Construction staging plan means a site plan submitted with final design and building permit plans showing, at the minimum: contractor parking, construction materials storage, limits of site disturbance, snow storage, refuse storage, sanitation facilities, project signage and construction trailer location, as applicable. The staging plan may be combined on the same plan sheet as the pollution control plan. Convenience retail store means a retail store containing less than five thousand (5,000) square feet of gross floor area, which sells everyday goods and services which may include, without limitation, ready-to- eat food products, groceries, over-the-counter drugs and sundries. Council means the governing board of the Town of Avon. Covenants means private written agreements outlining regulations specific to a development. As private restrictions, they are not enforced by the Town. In the event of conflict between the covenants and this Code, this Code controls. Critical facility means a structure or related infrastructure, but not the land on which it is situated, as defined by the Colorado Water Conservation Board, a division of the Department of Natural Resources, Rules and Regulations for Regulatory Floodplains - Rule 6: Critical Facilities dated November 17, 2010, that, if flooded, may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. Critical wildlife habitat and migration corridors means areas designated by the Colorado Division of Wildlife and/or the Colorado Natural Diversity Information Source as areas of landscape that provide food, cover and water sufficient to meet the needs of a given species to survive and reproduce. Crosswalk means a pathway delineated on a street for pedestrians to cross. Cul-de-sac means a local street with only one (1) outlet and having the other end for the reversal of traffic movement. Dedicated real property interest means real property interest transferred to the Town by platting, title, deed or other legal method approved by the Town Attorney. Dedication means any grant by the owner of a right to use real property for the public in general, involving a transfer of property rights and an acceptance of the dedicated property by the appropriate public agency. Density, dwelling units per acre, means the overall average number of dwelling units located on the gross or net residential acreage (as applicable) contained within the development and calculated on a per- acre basis. Gross density is calculated by dividing the total number of units by the total acreage. Net density is calculated by dividing the [total number of units] by the [total acreage minus all publicly dedicated land]. Design standard means any standard that sets forth specific requirements for development improvements. Detention basin means a man-made or natural water collector facility designed to collect surface and sub-surface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of property, into natural or manmade outlets. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code Developer means any person, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a development. Development means the grading or clearing of land, the erection, construction or alteration of structures, the change of use of a property or the division of property to create two (2) or more separate ownership interests. (a) Development shall also include: (1) Any construction, placement, reconstruction, alteration of the size or material change in the external appearance of a structure on land; (2) Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development; (3) Any change in use of land or a structure; (4) Any alteration within thirty (30) feet of a shore or bank of a river, stream, lake, pond, reservoir or wetland; (5) The commencement of drilling oil or gas wells, mining, stockpiling of fill materials, storage of equipment or materials, filling or excavation on a parcel of land; (6) The demolition of a structure; (7) The clearing of land as an adjunct of construction; (8) The deposit of refuse, solid or liquid waste or fill on a parcel of land; (9) The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property; and (10) The construction of a roadway through or adjoining an area that qualifies for protection as a wildlife or natural area. (b) Development shall not include: (1) Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of way; (2) Work by any public utility for the purpose of inspecting, repairing, renewing or constructing, on established rights-of-way, any mains, pipes, cables, utility tunnels, power lines, towers, poles or the like; provided, however, that this exemption shall not include work by a public entity in constructing or enlarging mass transit or fixed guide way mass transit depots or terminals or any similar traffic generating activity; (3) The maintenance, renewal, improvement or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure; (4) The use of any land for an agricultural activity; (5) A change in the ownership or form of ownership of any parcel or structure; or Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code (6) The creation or termination of rights of access, easements, covenants concerning development of land or other rights in land. Development plan, major means all new building construction over six hundred (600) square feet and as further defined in Section 7.16.080. Development plan, minor means all new building construction six hundred (600) square feet or less and as further defined in Section 7.16.080. Development plan, PUD means the written and graphical documents that detail the provisions for development of a PUD development. These provisions may include and need not be limited to easements, covenants and restrictions relating to use; location and bulk of buildings and other structures; intensity of use or density of development; utilities, private and public streets, ways, roads, pedestrians, areas and parking facilities; and common open space and other public facilities as further defined in Section 7.16.060. Director means the Director of the Community Development Department of the Town of Avon, as such person is designated by the Town Manager. District means a section or sections of the incorporated area of the Town for which the regulations and provisions governing the use of building and land are uniform for each class of use permitted therein. Drainage (system) means a built system of pipes, channels or trenches or finished grades utilized to convey stormwater runoff. Drive aisle means the lanes in a parking lot devoted to the passage of vehicles, as opposed to the parking stalls. The term drive aisle does not include lanes used only or primarily for drive-in customer service. Drive-in use means an establishment which, by design, physical facilities, service or packaging procedures, encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. Driveway means a constructed vehicular access serving one (1) or more properties and abutting a public or private road. Dwelling means a building or portion thereof, used exclusively for residential occupancy, including single-family dwellings, duplex and multi-family dwellings. Dwelling, apartment means a room or suite of rooms in a multi-family structure that is arranged, designed, used or intended to be used as a housekeeping unit for a single family on a rental basis only. Dwelling, duplex means a building occupied by two (2) families living independently of each other. Dwelling, live/work means an attached dwelling unit that contains a commercial component of not more than a specified percentage of the unit's gross floor area. Dwelling, multi-family means a dwelling containing three (3) or more dwelling units, not including hotels, motels, fraternity houses and sorority houses and similar group accommodations. Dwelling, single-family means a building designed exclusively for occupancy by one (1) family, but not including mobile home, otherwise provided herein. Dwelling, timeshare, interval ownership or fractional fee ownership means any parcel or lot of land or condominium unit, whether fee interest, leasehold or contractual right, whereby more than four (4) persons (ownership of an interest in joint tenancy by two [2] persons being considered one [1] person for the Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code purpose of this Section) are entitled to the use, occupancy or possession of such lot, parcel or unit according to a fixed or floating time schedule occurring periodically over any period of time (the use, occupancy or possession by each person being exclusive of that by the others). Timesharing unit includes, but is not limited to, a timeshare estate as defined in Section 38-33-110, C.R.S. Dwelling unit means one (1) or more rooms and a single kitchen and at least one (1) bathroom designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, duplex or multi-family dwelling or mixed-use building. Eagle Valley means the area between Vail, Redcliff, and Dotsero; not including Burns, Bond, or McCoy. Easement means an ownership interest in real property entitling the holder thereof to use, but not possession, of that real property for one (1) or more specific purposes, public or private. Efficiency kitchen means a portion of a room within an accommodation unit or dwelling that may contain a sink, refrigerator, dishwasher, microwave oven, cooktop, wet bar or similar facility but expressly not a stove or oven. Stub-outs for natural gas, propane or 220-V electric hookups are not allowed. Elevation means the external vertical plane of a building. Elevations are considered different if they have different roof lines, building materials, details, color and overall stylistic expression. Employee means a person employed in a building or on a property during normal periods of use. Employee housing means that housing used exclusively for persons employed in Eagle County. Environmentally sensitive area means aquifer recharge areas, significant wildlife habitat and migration corridors, unique vegetation and critical plant communities and ridge lines. EV means a vehicle that can be powered by an electric motor that draws electricity from a battery and is capable of being charged from an external source or charger. EVSE or electric vehicle supply equipment means the equipment or hardware used to supply electricity to electric vehicles for the purpose of recharging their batteries (also known as electric vehicle chargers, charging stations, or electric vehicle ports). Family – see Household Family child care home means a private residence in a single unit dwelling or dwelling unit in a multiple unit dwelling for the purpose of providing care for not more than twelve (12) children, and operated by a person who resides in the same dwelling unit, where the care is provided for periods of less than twenty-four hours of care per day. Farm animal means animals commonly raised or kept in an agricultural, rather than an urban, environment, including but not limited to chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules. FEMA means Federal Emergency Management Agency. Fence means enclosing framework for exterior areas, such as yards or gardens. FHA means Federal Housing Administration. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code (a) The overflow of water from channels and reservoir spillways; (b) The unusual and rapid accumulation or runoff of surface waters from any source; or (c) 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 Insurance Rate Map (FIRM) means an official map of a community on which the Federal Emergency Management Agency has delineated both the Special Flood Hazard Areas and risk premium zones applicable to the community. Flood Insurance Study (FIS) means the official report provided by FEMA. The report contains the FIRM as well as flood profiles for studied flooding courses that can be used to determine BFE for some areas. 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. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The statewide standard for the designated height used for all newly studied reaches shall be one-half (0.5) foot. Footprint, also called ground level footprint, means the outline of the total area which is covered by a building's perimeter at ground level. Foster care home means a facility that is certified by the County Department of Social Services or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty-four-hour family care for a child under the age of eighteen (18) years who is not related to the head of such home, except in the case of relative care. Frontage means the portion of a lot that fronts on a public or private street. Functional open space means open space which is large enough to serve a practical purpose such as recreation, wildlife habitat or preservation of areas of agricultural, archeological or historical significance, and shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells or their appurtenances or other hazards to the public. Garage, parking means a building or portion thereof, either public or private, used only for the parking of motor vehicles. Geologic hazard means unstable or potentially unstable slopes, undermining, faulting, landslides, rock falls, flood, wildfire or similar naturally occurring dangerous features or soil conditions or natural features unfavorable to development. Government services, offices and facilities means an office or building of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited to employment offices, public assistance offices or motor vehicle licensing and registration services. Grade, existing means the existing topography of a site prior to construction and may include natural or man-made conditions. Grade, finished means the final elevation of the ground surface after development. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code Grade, natural means the elevation of the ground surface in its natural state, before man-made alterations. Greenspace means a ground area or terrace area on a lot which is graded, developed, landscaped, and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Grocery store, large means a retail establishment which primarily sells food, but also may sell other convenience and household goods and which occupies a space greater than twenty-five thousand (25,000) square feet. The term large grocery store is synonymous with supermarket. Grocery store, small means a retail establishment primarily selling food, as well as other convenience and household goods, which occupies a space of not more than twenty-five thousand (25,000) square feet. Gross residential floor area (GRFA) means the total square footage of all horizontal areas in residential structures existing on all levels of a structure, as measured to the outside face of the sheathing of the exterior walls (i.e., not including exterior wall finishes) for single family, duplexes, and townhomes, but not those residential units that have been condominiumized with common area being considered as the exterior of these units. Floor area shall include, but not be limited to, stairwells at each level, lofts; storage areas, basements and crawl spaces with a ceiling height of 5 feet or greater, and other similar areas. Non- habitable garages; attics; ceilings vaulted or open to below spaces; storage areas, basements and crawl spaces with a ceiling height of less than 5 feet; and roofed or covered decks, porches, terraces or patios shall not be included as floor area. Gross floor area (GFA) means the total floor area designed for occupancy and use, including basements, mezzanines, stairways and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. Group home, developmentally disabled means a group home, licensed by the State, for the exclusive use of not more than eight (8) developmentally disabled persons and the appropriate staff. Group home, elderly means an owner-occupied or nonprofit group home for the exclusive use of not more than eight (8) persons sixty (60) years of age or older and the appropriate staff. (a) Nonprofit group home means a group home for the aged which is owned and operated by a person or organization as provided by 31-23-303, C.R.S., 1973. (b) Owner-occupied group home means a group home for the aged which is owned and operated by an individual or individuals who actually reside at and maintain their primary place of residence in the group home. Group home, mentally ill means a group home, licensed by the State, for the exclusive use of not more than eight (8) mentally ill persons and the appropriate staff. Guest house means an accessory structure which is physically detached from a single-family dwelling unit, is serviced through the same utility meters or connections as the principal use and is intended for temporary occupancy by visitors to the family residing in the single-family dwelling and has no cooking facilities. Habitable means any area designed for sleeping, living, cooking, dining, meeting or recreation as applied to floor area. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code Hard line drawing means an architectural or engineering drawing produced by the use of computer- aided graphics or other mechanical implement, that does not represent free-hand drawing. Highway corridor means the area within one thousand five hundred (1,500) feet of the rights-of-way of the state highway. Historic and/or cultural landmark means a site and/or structure designated as a historic landmark by the Historic Preservation Committee and approved by the Town Council within the Town. Historic Preservation Advisory Committee means a five-person advisory committee appointed by the Council to make recommendations and findings regarding historic sites, structures or features in the Town. Home occupation means an occupation or business activity which results in a product or service and is conducted in whole or in part in a dwelling unit and is subordinate to the residential use of the dwelling unit. Home office means any occupation, profession or other activity that takes place in a dwelling unit and is meant to produce income or revenue or any activity associated with a nonprofit group which: (a) Does not produce noise audible outside the dwelling unit where such activity is taking place; (b) Does not cause or require customers, delivery persons, employees or any person to enter the property on which the dwelling unit is located; (c) Does not require alteration to the residence to satisfy applicable Town, Fire or Building Codes or county health regulations; (d) Does not require or allow any signs to be visible from the outside of the property; and (e) Does not change the appearance or residential character of the structure. Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training and central services facilities and staff offices. Hotel, motel and lodge means a building, excluding bed and breakfast, containing any room or group of rooms used primarily for short-term transient lodging for a total continuous duration of less than thirty (30) days and which may include accessory uses, such as offices, laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges. Household means an individual living alone or any group of persons living together as a single housekeeping unit and sharing common living, sleeping, cooking, and eating facilities, and includes: (a) One or more persons who are or are not related by blood, marriage, adoption, or legal guardianship that are living together in a dwelling unit; (b) Not more than eight (8) developmentally disabled persons and appropriate staff occupying a dwelling unit and living as a single, nonprofit housekeeping unit. Hydrozone means a cluster of plants with similar water requirements to improve the efficiency and avoid overwatering. Industrial, heavy means uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials or a use engaged in storage of or manufacturing Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code processes using flammable or explosive materials or storage or manufacturing processes that potentially involve hazardous conditions. Heavy industrial shall also mean those uses engaged in the operation, parking and maintenance of vehicles, cleaning of equipment or work processes involving solvents, solid waste or sanitary waste transfer stations, recycling establishments and transport terminals (truck terminals, public works yard, container storage). Industrial, light means uses engaged in the manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales or distribution of such products. Further, light industrial shall mean uses such as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories or the like. Light industrial shall not include uses such as mining and extracting industries, petro-chemical industries, rubber refining, primary metal or related industries. Infrastructure means those man-made structures which serve the common needs of the population, such as: potable water systems; wastewater disposal systems; solid waste disposal sites or retention areas; storm drainage systems; electric, gas or other utilities; bridges; roadways; bicycle paths or trails; pedestrian sidewalks, paths or trails; and transit stops. Inoperable vehicle means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purposes for which a vehicle was originally built. Integrate means to combine or coordinate separate elements (such as housing, recreation, jobs and shopping), so as to provide a harmonious, interrelated whole; organized or structured so that constituent parts function cooperatively. Inter-neighborhood connection means connections (such as trails and roads) between neighborhoods. Intra-neighborhood connection means connections (such as trails and roads) within the same neighborhood. Irrigation ditch or canal means a channel or pipeline designed to transport irrigation water. Junk means any waste, scrap, surplus, or discarded material other than that classified by the State of Colorado as sewage. Junk vehicle, see "Inoperable". Junkyard means a parcel of land, or portion thereof, used for the collecting, storage or sale of junk, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, regardless, if such uses are conducted as a business for profit or otherwise, but not including agricultural machinery or equipment located on a property, for (agricultural) use on the same property. Kennel means a facility licensed to house dogs, cats or other household pets and/or where grooming, breeding, boarding, training or selling of animals is conducted as business. Kitchen means a room or portion of a room devoted to the preparation or cooking of food for a person or a family living independently of any other family, which contains a sink and a stove, cooktop or oven powered by either natural gas, propane or 220-V electric hook-up. Kitchen facility means an area for cooking which includes a sink, refrigerator and fixture for cooking food. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code Landowner means any owner of a legal or equitable interest in real property and includes the heirs, successors and assign of such ownership interests. Landscape area means that portion of a parcel of land with any combination of living plants, such as trees, shrubs, vines, ground cover, native grasses, flowers or lawns; natural features and nonliving ground cover, such as rock, stone and bark; and structural features, such as fountains, reflecting pools, art works, screen walls, fences and benches; but shall not include paved walkways or parking areas. Landscaping means the treatment of land (other than buildings) for the purpose of enhancing or protecting the amenities of the site using vegetative materials, stone, walls, fences, or similar. Lane means a private street; or a portion of a roadway delineated for a single line of vehicles; or a secondary means of access to the abutting lots and not intended for general traffic circulation. Large retail establishment means a retail establishment or any combination of retail establishments in a single building, occupying more than twenty-five thousand (25,000) gross square feet of floor area, except that no supermarket shall be deemed to be a large retail establishment. Letter of Map Revision (LOMR) means FEMA's official revision of an effective FIRM or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective BFEs or SFHA. Letter of Map Revision Based on Fill (LOMR-F) means FEMA's modification of the SFHA shown on the FIRM based on placement of fill outside the existing regulatory floodway. Livestock means farm animals kept or raised for use, pleasure and/or profit. Loading space means an off-street space or berth on the same lot with a building or contiguous thereto, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access. Long-term care facility means any of the following: (a) Convalescent center means a health institution that is planned, organized, operated and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from, but maintaining an affiliation with, all services in a general hospital. (b) Intermediate health care facility means a health-related institution planned, organized, operated and maintained to provide facilities and services which are supportive, restorative or preventive in nature, with related social care, to individuals who, because of a physical or mental condition or both, require care in an institutional environment but who do not have an illness, injury or disability for which regular medical care and twenty-four-hour-per-day nursing services are required. (c) Nursing care facility means a health institution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients that require regular medical care and twenty-four-hour-per-day nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide twenty-four-hour- per-day nursing services under the direction of a registered professional nurse employed full time. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code Lot means a parcel of real property as shown with a separate and distinct number or letter on a plat recorded with the County Clerk and Recorder or when not so platted in a recorded subdivision, a parcel of real property abutting upon at least one (1) public street and held under separate ownership. Lot area means the total horizontal area within the lot lines of a lot, except that beneath the mean waterline of a body of water. Lot coverage means the ratio of the area of the site which is rendered impermeable by buildings compared to the total area of a site, excluding those rendered undevelopable, expressed as a percentage. Lot depth means the average distance between the front lot line and the rear lot line. Lot, double frontage means lots which front on one (1) public street and back on another. Lot, flag means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street. Lot line, front means the property line dividing a lot from a street. Lot line, rear means the line opposite the front lot line. Lot line, side means any lot lines other than the front lot line or rear lot line. Lot size means the total horizontal area within the lot lines of a lot; synonymous with area of lot. Lot width means the distance parallel to the front lot line, measured at the front building setback line. Lot width on a curving front lot line means the distance parallel to the tangent of the front lot line at the building setback line. The lot width and the lot frontage may have different lengths on an irregularly shaped lot as they are measured at different points on the lot. Lowest floor means the lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating or recreation, or any combination thereof. This includes any floor that could be converted to such a use, such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood-resistance enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. Manufactured home means a single-family dwelling which: (a) Is partially or entirely manufactured in a factory; (b) Is at least twenty-four (24) feet wide and thirty-six (36) feet long; (c) Is permanently affixed to and installed on an engineered permanent foundation; (d) Has a pitched or cosmetically equivalent roof and brick or wood exterior siding; and (e) Complies with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards. Marijuana club means an establishment that is not open to the general public and permits members of the establishment to consume marijuana at the establishment. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store, and includes further definition of such facilities and store as defined in Colorado Constitution Article XVIII Section 16(2)(i). Medical marijuana business means the use of a property, or portion thereof, for the cultivation, manufacture, storage, distribution, acquisition or sale of marijuana, including the use of property for medical marijuana centers, manufacturing of medical marijuana-infused products, or optional premises, as such terms are defined by Section 12-43.3-104, C.R.S., regardless of whether any such use described herein is for profit or not for profit. Mobile home means a single-family dwelling unit partially or entirely manufactured in a factory, built on a permanent chassis and which is designed to be transported on streets to the place where it is to be occupied as a dwelling unit. A mobile home shall conform to the following design and installation standards: (a) Is at least twenty-four (24) feet wide and thirty-six (36) feet long; (b) Is permanently affixed to and installed on an engineered, permanent perimeter foundation; (c) Has a pitched or cosmetically equivalent roof and brick or wood exterior siding; and (d) Complies with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards. Modified grid pattern means a grid pattern of streets and blocks adapted to the topography, unique natural features, environmental constraints and peripheral open space areas. Native plant means an indigenous terrestrial and aquatic species that occurs naturally in Avon’s montane region, ecosystem, and habitat. Natural areas means floodplains and flood ways, natural drainage and water ways, significant native trees and vegetation, wildlife travel corridors, special habitat features such as raptor nest sites, key nesting, breeding or feeding areas for birds; fox and coyote dens and any wetland area. Non-developable means a delineated area as established by the Town where no development shall occur without approval from the Town of Avon. Areas are physically undisturbed and in their present or natural state. Exceptions to this provision may include access, utility, and drainage easements or similar encumbrances, and wildfire or geologic hazard mitigation. (See also Development) Nonconforming building means a building or structure, or portion thereof, that does not conform to the regulations of this Code, but that was lawfully constructed under the regulations in force at the time of construction. Nonconforming use means a use that does not conform to the use regulations of this Code, but that was lawfully established under the regulations in force at the time the use was established and has been in regular use since that time. Occupancy limitation means the maximum number of persons who may occupy a dwelling unit shall be calculated in accordance with Table 1004.5 of the Town’s adopted International Building Code (IBC), based on an occupant load factor of one (1) occupant per 200 gross square feet of finished floor area. Gross square footage shall include all enclosed and conditioned residential living space within the unit, excluding garages, crawl spaces, and unfinished basements. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code Nothing in this section prohibits a property owner or landlord from establishing more restrictive occupancy limits by private lease agreement, provided such limits comply with all applicable fair housing laws. Off-street parking area means all off-street areas and spaces designed, used, required or intended to be used for the parking, storage, operation of motor vehicles, including driveways or access ways in and to such areas, but not including any outdoor storage area used principally as a "recreational vehicle, boat or truck storage" use, storage areas for landscaping and other bulk items or public streets and rights-of-way. Open space means any land or water area with its surface open to the sky, which serves specific uses of: providing park and recreation opportunities, conserving natural areas and environmental resources, structuring urban development form and protecting areas of agricultural, archeological or historical significance. Open space shall not be considered synonymous with vacant or unused land but serves important urban functions. Usable open space shall exclude areas used for off-street parking, off- street loading, service driveways and setbacks from oil and gas wells and their appurtenances or other hazards to the public. Outdoor storage means the keeping, in an unroofed area, of any equipment, goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours. Containers and semi- trailers may not be used for residential or storage uses, except on construction sites. Outparcel means a parcel of land, generally located on the perimeter of a larger parcel of commercial land, that is subordinate to the larger parcel for access, parking and drainage purposes. Owner means the owner of a real property interest which is the subject of and which would be benefitted by a proposed development application. Owner shall include the fee title owner of record according to the office of the Eagle County Assessor, by a legal title opinion or by a title insurance commitment. Owner shall also include other persons who, by partnership, joint venture, contractual relationship or other association, have a ten percent (10%) or greater equity interest in the property or in the owner of record, or who have a contractual right to receive or obtain a defined portion of the property upon approval of a development application by the Town. Owners Association means the association set up to enforce the covenants and maintain all common areas and buildings for a residential or commercial development. Parcel means a tract or plot of land. Park means an area open to the general public and reserved for recreational, educational or scenic purposes. Parking, commercial means a parking lot, structure or garage that does not provide accessory parking to a specific building or use, is available for parking by the general public for a fee, may include reserved parking spaces and which is owned by a private, nongovernmental entity. Parking, public means a parking lot, structure or garage that is available for parking by the general public and which is owned by the Town or a quasi-governmental entity approved by the Town or approved by Eagle County. P.E. stamped design means a design that is stamped, signed and dated by a Colorado registered professional engineer. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code Pedestrian scale (human scale) means the proportional relationship between the dimensions of a building or building element, street, outdoor space or streetscape element and the average dimensions of the human body, taking into account the perceptions and walking speed of a typical pedestrian. Person means a natural person, association, firm, limited liability company, partnership or corporation trust or other legal entity. Personal services means establishments that provide nonmedically related services, including beauty and barber shops; clothing rental; dry cleaning pick-up stores; laundromats (self-service laundries); psychic readers; shoe repair shops; tanning salons. These uses may also include accessory retail sales of products related to the services provided. Phase means a portion of property that is being platted and engineered for development at the same time. Phasing plan means a graphic and narrative document that displays the sequence and/or timing of intended development. Plan means the map and supporting documentation for a development which includes, but is not limited to, lots, blocks, easements, rights-of-way, pedestrian ways, park and school sites, open space areas and conservation areas in accordance with the requirements of this Code. Planned unit development (PUD) means an area of land, controlled by one (1) or more landowners, to be developed under unified control or a unified plan and is developed as a whole in a single development operation or programmed series of development stages. The development may include dwelling units, commercial, educational, recreational or industrial uses or any combination of the foregoing, the plan for which may not correspond in lot size, bulk or type of use, density, lot coverage, open space or other restrictions to the existing land use regulations. Planning and Zoning Commission or PZC means the Planning and Zoning Commission formed and appointed by the Council in accordance with Chapter 7.12 of the Development Code. Planning area boundary means the area surrounding the Town that the Town will consider annexing and developing. The planning area boundary is delineated on the Land Use Map in the Town Comprehensive Plan. Plat means a map of certain described land prepared by a licensed surveyor in accordance with the requirements of this Code and Section Title 38, Article 51 C.R.S. as amended, as an instrument for the recording of real estate interests with the County Clerk and Recorder (also known as a subdivision plat or condominium map, depending on the intent of the process). Principal use means the main use of land or of a structure as distinguished from a subordinate or accessory use. Private property right means the rights of a property owner within the Town to use on their property within the legal parameters set forth in this Code and subject to applicable state, federal and constitutional law. Nothing herein guarantees any private property rights to develop in a particular manner except pursuant to a valid vested right. Proof of ownership means ownership as specified in a current title insurance commitment or policy or certification of title, issued by a title insurance company licensed by the State of Colorado. Property means all real property subject to land use regulation by the Town. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code Property line means the boundary of any lot, parcel or tract as the same is described in the conveyance of such property to the owner; and does not include the streets or alleys upon which the said lot, parcel or tract abuts. Property Management is a land use category for development that is a hybrid of a condominium and hotel, by being operated as a commercial hotel even though the units are individually owned. Public area means streets, parks, open spaces and other property designated or described as for public use on a map or plat of the Town and fee title is vested in the Town, other public body or a special district as defined in Section 32-1-103 C.R.S. Public benefit means a benefit which promotes a goal, intent or policy of the Avon Comprehensive Plan, a benefit which implements a public improvement identified in the Avon Capital Improvements Plan or a benefit which is realized by superior or innovative site design, building design or architecture which substantially exceeds the Town's minimum design and development standards; and, which means a benefit that is realized by the general public of the Avon Community. Public facility means those constructed facilities, including but not limited to transportation systems or facilities, water systems or facilities, wastewater systems or facilities, storm drainage systems or facilities, fire, police and emergency systems or facilities, electric, gas, telecommunication utilities or facilities and publicly owned buildings or facilities. Public hearing means a meeting called by a public body for which public notice has been given and which is held in a place at which the general public may attend to hear issues and to express their opinions. Public improvement means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree lawn, landscaped open space, off-street parking area, lot improvement or other facility which benefits the public. Public open space means an open space area conveyed or otherwise dedicated to the municipality, state or county or other public body for recreational or conservation uses. Public open spaces are to be unencumbered by oil and gas wells, as well as their appurtenances or other hazards to the public. Public school means a free, tax-supported school that is controlled and operated by the school district of the State of Colorado Public use means uses which are owned by and operated for the public by the Town, County, state or federal governments or by school districts. Public utility means a common carrier supplying electricity, wire telephone service, natural gas, water, wastewater or storm water service or similar public services, but shall not include railroads or other forms of rail mass transit or depots or terminals supporting the same or wireless telecommunication facilities. Quasi-public means having the nature or characteristics of being public, but owned by a private, nongovernmental or not-for-profit entity. Recreational vehicle (RV) 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 or drawn by another vehicle. The following shall be considered a recreational vehicle: (a) Camping trailer or tent trailer means a folding structure, constructed of canvas plastic or similar water repellent material designed to be mounted on wheels and designed for travel and recreation. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code (b) Motorized camper, motor home, recreational conversion van or bus means a recreational vehicle consisting of a portable, temporary dwelling to be used for travel, recreation and vacation uses and constructed as an integral part of a self-propelled vehicle. (c) Pick-up camper means a vehicle designed to be mounted on or loaded into a pick-up truck chassis for use as a temporary dwelling for travel and recreation. (d) Tent means a portable or temporary cover or shelter, with or without side panels, which is supported by poles and is made of canvas, plastic or similar materials. (e) Travel trailer means a towed vehicle designed as a temporary dwelling for travel and recreation. (f) Travel trailer, self-contained means a trailer which can operate independently of connections to sewer, water and electric systems. It contains a water-flushed toilet, lavatory, shower or bath and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the trailer. Recycling facility, drop-off means a facility used for the collection and temporary storage of empty beverage containers, aluminum, glass, paper, cardboard, clothing or other materials for recycling purposes conducted totally within an enclosed structure or container. This definition does not include processing except for "can banks" that crush cans as they are deposited. Recycling facility, indoor means the same definition as recycling facility, drop-off, but is entirely located within a building or structure and may include sorting, crushing, separating, or similar. Reflective surface means any material or device that has the effect of intensifying reflected light, such as Scotchlight, Day-Glo, glass beads, untreated metal, and luminous paint. Residential use means the use of a building or other structure as a dwelling. Restaurant, drive-through means any establishment in which the principal business is the sale of foods and beverages to the customer in a ready-to-consume state and in which the design or principal method of operation of all or any portion of the business is to allow food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle. Restaurant, fast food means any establishment in which the principal business is the sale of food and beverages to the customer in a ready-to-consume state and in which the design or principal method of operation includes the following characteristics: (a) Food and beverages are usually served in paper, plastic or other disposable containers; (b) The consumption of food and beverages is encouraged or permitted within the restaurant building, within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building or for carry-out; and (c) Drive-through facilities are allowed, subject to review of traffic patterns, vehicle stacking areas and entrance and exit locations. Restaurant, standard means any establishment in which the principal business is the sale of food and beverages to customers in a ready-to-consume state; where fermented malt beverages and/or malt, special malt or vinous and spirituous liquors may be produced on the premises as an accessory use; and where the design or principal method of operation includes one (1) or both of the following characteristics: (a) Customers are served their food and/or beverages by a restaurant employee at the same table or counter at which the items are consumed; or Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code (b) Customers are served their food and/or beverages by means of a cafeteria type operation where the food or beverages are consumed within the restaurant building. Re-subdivision means the changing of any existing lot or lots, street rights-of-way or easements of a subdivision plat previously recorded with the County Clerk and Recorder. Retail-ready means space constructed at a minimum interior height of twelve (12) feet may be used for noncommercial uses and can be converted into retail/commercial use. The intent of retail-ready space is to provide the flexibility of occupying a space in accordance with market demand and allowing the use in such space to change to retail/ commercial uses accordingly. Such considerations for determining if a space is retail-ready include but are not limited to: independent ventilation; a concrete pad above the space; placement of utilities; integrated trash storage facilities; and architectural features including terracing, stepped back facade, or arcade design, prominent entrances, transoms, transparency, and bulkheads at the base. Retention basin means a pond, pool or basin used for permanent storage of water runoff. Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another special use. The usage of the term right-of-way for land platting purposes shall mean that every right-of way established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use on the plat on which such right-of-way is established. Sanitary facility means toilets, urinals, lavatories, showers, utility sinks and drinking fountains and the service buildings containing these units. Setback means the required unoccupied open space between the nearest projection of a structure and the property line of the lot on which the structure is located, except on properties where the street extends beyond the property line. In these instances the setback shall be measured from the edge of asphalt or walkway, whichever is more restrictive. Setback, front yard means the distance a building or structure must be placed from the front lot line. Setback, rear yard means the distance a building or structure must be placed from the rear lot line. Setback, side yard means the distance a building or structure must be placed from the side lot line. Sidewalk means the hard surface path within or adjacent to the street right-of-way for use by pedestrians and/or bicyclists. Sight distance triangle means the area at an intersection to be kept free of shrubs, ground covers, berms, fences, structures or other materials or items greater than thirty (30) inches in height. Trees shall not be planted in the triangular area. Site plan means a scaled drawing of a lot, showing the actual measurements, the size and location of any existing or proposed buildings, the location of the lot in relation to abutting streets and other details such as parking areas, access points, landscaped area, building areas, setbacks from lot lines, building heights, floor areas, densities, utility locations and easements. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code Site specific development plan means the final plat of a subdivision or final development plan of a PUD (planned unit development) when approved by the Council pursuant to all applicable sections of this Development Code. Slope means the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentage as a means of quantifying the term slope. Special Flood Hazard Area (SFHA) means the land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year, i.e., the 100-year floodplain. Street means a public thoroughfare which affords the principal means of access to abutting property. Streetscape means the distinguishing character of a particular street, within or adjacent to the public right-of-way, including paved materials and the adjacent space extending along both sides of a street, including landscaping, sidewalks, medians, lighting, street furniture and signage. Self-storage means a building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property. Storage, warehouse means facilities characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, and may be affiliated with nuisances such as dust, noise, and odors, but not involved in manufacturing or production. Structure means a combination of materials to form a construction for use, occupancy or ornamentation, whether installed on, above or below the surface of land or water. Subdivision means the platting of a lot or the division of a lot, tract or parcel of land into two (2) or more lots, plots, sites or airspace units. Subsidence means a local mass movement that involves the downward settling or sinking of the solid earth's surface. Subsidence may be due to natural geologic processes or man's activity such as coal mining. Substantial improvement means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before start of construction of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or (b) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. Survey means a land plat survey, stamped and signed by a registered Colorado Surveyor, showing topographic contour intervals depicted at an engineering scale. Tandem parking means parking two (2) cars in a driveway or parking space so that one (1) car is right in front of the other and the front car cannot move until the back car is moved. Temporary use means a prospective use intended for limited duration, is to be located in a zoning district not permitting such use and shall not include continuing a nonconforming use or building. Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code Town Core means the central commercial core area of Town, including the areas zoned Town Center (TC) and the adjacent parcels zoned Mixed-Use Commercial (MC), Neighborhood Commercial (NC), Shopping Center (SC) and PUD, including certain residential parcels as shown. See the Town Core Map. Transparency means the use of doors and windows to establish scale, variation, and patterns on building facades to provide visual interest and reflect the uses within the building. Trip, vehicle means a single or one-way vehicle movement to or from a property or study area. "Trips" can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time. Use means the purpose for which land or a building is designated, arranged or intended or for which it either is or may be occupied or maintained. USGS datum means United States Geological Survey basis of elevations. Vacation club means a partnership, corporation, limited liability company or other legal entity that is the record owner, as reflected in the records of the County Tax Assessor, of a building containing one (1) or more units which meet the definition of dwelling, timeshare, interval ownership or fractional fee ownership, and it permits possession of such dwelling by its members and/or guests of its members on a periodic basis in consideration of such member's fractional ownership interest in the building or property or membership in the entity. Vegetation means plants growing in a place, including but not limited to trees, shrubs, vines, grasses and groundcover. Vehicle major repair, servicing and maintenance means any building or portion thereof, where heavy maintenance activities such as engine overhauls, automobile/truck painting, body or fender work, welding or the like are conducted. Such use shall not include the sale of fuel, gasoline or petroleum products. Vehicle minor repair, servicing and maintenance means the use of any building, land area, premises or portion thereof, where light maintenance activities such as engine tune-ups, lubrication, carburetor cleaning, brake repair, car washing, detailing, polishing or the like are conducted. Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan, pursuant to Section 7.16.140, Vested Property Right. Walkable means a distance of one-quarter (¼) mile or within a five- to ten-minute walk. Walkway means: (a) A right-of-way or easement dedicated to public use that is not within a street right-of way, to facilitate pedestrian access through a property by means of a hard surface path. (b) Any portion of a parking area restricted to the exclusive use of pedestrian travel. Wholesale business means an establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial or retail use. Wireless telecommunication equipment means any equipment used to provide wireless telecommunication service, but which is not affixed to or contained within a wireless telecommunication facility, but is instead affixed to or mounted on an existing building or structure that is used for some other Ordinance 25-06 7.08.010 General Definitions, Avon Municipal Code purpose. Wireless telecommunication equipment also includes a ground-mounted base station used as an accessory structure that is connected to an antenna mounted on or affixed to an existing building. Wireless telecommunication facility means any freestanding facility, building, pole, tower or structure used to provide only wireless telecommunication services and which consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless telecommunication services. Wireless telecommunication service means services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal Communications Commission for paging systems, enhanced specialized wireless telecommunication, personal communication services or cellular telephone. Zone district means a zone district of the Town as established in Chapter 7.20 of this Code, unless the term is used in a context that clearly indicates that the term is meant to include both the zone districts of the Town and the zone districts of an adjoining governmental jurisdiction, also referred to as zoning district. Zoning Map means the official zoning map adopted by the Town by ordinance, as amended.