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HomeMy WebLinkAboutArticle 15 PC Review Draft CLEAN w CC  ULUR 2008      GARFIELD COUNTY, COLORADO  Article 15: Definitions  PLANNING COMMISSION REVIEW DRAFT MARCH 13, 2013 CLEAN           Article 15 Definitions Table of Contents Section 15-101. Acronoyms. 1 Section 15-102. Definition of Words and Phrases. 2 (This Page Left Blank Intentionally) SECTION 15-101. ACRONYMS. For the purposes of this Code, the following acronyms are defined as follows. AAHE Approved Affordable Housing Entity  AASHTO American Association of State Highway and Transportation Officials  ADA Americans with Disabilities Act  ADT Average Daily Traffic  ADU Accessory Dwelling Unit  AHU Affordable Housing Unit  AMI Area Median Income  ANSI American National Standards Institute  APD Application for Permit to Drill  ATV All Terrain Vehicle  AWDP Area Wide Development Plan  BFE Base Flood Elevation  BOCC Board of County Commissioners  CB Commercial, Business  CCIOA Colorado Common Interest Ownership Act  CCRs Covenants, Conditions and Restrictions  CDOT Colorado Department of Transportation  CDPHE Colorado Department of Public Health and Environment  CG Commercial, General  CL Commercial, Limited  CPW Colorado Parks and Wildlife  COGCC Colorad o Oil and Gas Conservation Commission  CPI-W Consumer Price Index, Urban Wage Earners and Clerical Workers  CRS Colorado Revised Statutes  CWCB Colorado Water Conservation Board  db(A) De cibel  dBA A-Weighted Decibel  DNDP Density Neutral Development Plan  EMF Electromagnetic Field  EPA Environmental Protection Agency  F Fahrenheit  FAA Federal Aviation Administration  FAR Federal Aviation Regulations  FATO Final Approach and Take-off Area  FCC Federal Communications Commission  FEMA Federal Emergency Management Agency  FHBM Flood Hazard Boundary Map  FIRM Flood Insurance Rate Map  GCHA Garfield County Housing Authority  GPS Global Positioning System  HOA Homeowner’s Association  HUD U.S. Department of Housing and Urban Development  I Industrial  IDDP Increased Density Development Plan  IFC International Fire Code  ISDS Individual Sewage Disposal System  kW Kilowatt   Ldn Day Night Level  Leq(h) Hourly Equivalent Noise Level  LOMR Letter of Map Revision  LPG Liquefied Petroleum Gas  MCL Maximum Contaminant Level  MUTCD Manual on Uniform Traffic Control Devices  NPDES National Pollutant and Discharge Elimination System  NRCS National Resource Conservation Service  OSHA Occupational Safety and Health Administration  PA Pub lic Airport  PL Public Lands  PSI Pounds per Square Inch  PUD Planned Unit Development  R Rural  RL-E Resource Lands, Escarpment  RL-GS Resource Lands, Gentle Slope  RL-P Resourc e Lands, Plateau  RL-T Resource Lands, Talus  RLDE Rural Land Development Exemption  RMHP Residential, Manufactured Home Park  ROW Right-of-Way  RPZ Runway Protection Zone  RS Residential, Suburban  RU Residential, Urban  SFE Single-Family Equivalent  SFHA Special Flood Hazard Area  SPCC Spill Prevention Counter Measure and Control Plan  TLOF Touchdown and Lift-off Area  TPUD Transportation Planned Unit Development  USACE United States Army Corps of Engineers  USDA United States Department of Agriculture  USDAAPHI S United States Department of Agriculture Animal and Plant Health Inspection Services  USFWS United States Fish and Wildlife Service   SECTION 15-102. DEFINITION OF WORDS AND PHRASES. For the purposes of this Code, the following words and phrases are defined as follows. Accessory Building or Structure. See “Building, Accessory.” Access Route. A way or means of approach to provide a safe, adequate, and usable physical entrance and exit to a property or use. Accessory Use. See “Use, Accessory.” Adequate. Sufficient to meet applicable minimum requirements. Adequate Water Supply. A water supply that will be sufficient for build-out of the proposed development in terms of quality, quantity, dependability, and availability to provide a supply of water for the type of development proposed, and may include reasonable conservation measures and water demand management measures to account for hydrologic variability. Adjacent. Lying near or close to; sometimes contiguous; neighboring. Adjacent implies that the 2 objects are not widely separated, though they may not actually touch. Adjacent Property Owner. An owner of record of any estate, right, or interest in real property that is located within 200 feet of the subject land or only separated by a publicly-owned right-of-way or easement. Administrat ive Review. The Land Use Change Permit application and review process, described in section 4-103, Administrative Review Process, of this Code. Adverse. Unfavorable, harmful. Adult Day Care. A facility for the care of individuals 18 years old or older in a place of residence of a family or person for the purpose of providing less than 12-hour care for individuals who are not related to the head of such home. Affected Party. As it pertains to Article 14, any person with an interest in the outcome of the permit decision for the Proposed Project. Affordable Housing Agreement. An agreement between the Applicant and Garfield County based upon the affordable housing plan. Affordable Housing Guidelines. Division 4 of Article 8 of this Code. Affordable Housing Unit (AHU). A resident-occupied housing unit, the sale or rental of which unit has been limited to specific segments of the market with permanent affordability insured through appreciation rates controlled by Deed Restriction or other legally-binding mechanism approved by the BOCC. Agriculture. The use of land for production, cultivation, growing and harvesting of crops and plants, raising and breeding livestock, excluding commercial animal feed lot operations, harvesting, storage, grading, packaging, processing, and distribution of agricultural commodities, construction of internal roads, ponds, dams and ditches necessary to agricultural operations, excepting those regulated as Water Impoundment, dairying, aquaculture, horticulture, floriculture, viticulture, nursery, and animal and poultry husbandry, and the necessary Accessory Uses and Structures needed for harvesting, packing, treating, or storing, excluding forestry. Agricultural Land. Any land used primarily for the production of crops or livestock, including irrigated meadows, irrigated and dry pasture, irrigation ditches, stock drive routes, lands used for barns, corrals, and storage of crops or agricultural products, but not including lands used primarily for the production of commercial timber. Agricultural Products. Products grown or raised on a property intended for direct human or animal consumption or use, such as vegetables, fruits, dairy products, eggs, grains, meat, poultry, fish, honey, hay, bedding plants, and wool. Agricultural Products Distribution. Any land used to receive, sort, and distribute agricultural products grown and processed on another property. Agricultural Products Processing and Storage. The alteration of agricultural products brought to the site in its natural state including, but not limited to, cleaning, sorting, grading, packaging, milling, or storing of products which are intended for direct human or animal consumption or use. Agricultural Products, Processing, Storage, Distribution and Sale at Point of Production. Establishments performing a variety of operations on crops after harvest and livestock after slaughter, to prepare them for market or further processing and packaging on site. Agricultural Products, Processing, Storage, Distribution and Sale Off-Site. Establishments performing a variety of operations on crops after harvest and livestock after slaughter, to prepare them for market or further processing and packaging at a distance from the agricultural area. Agricultural Products Retail Sales, Off Site. A location for the retail sale of agricultural products, a majority of which are not grown on site, and are intended for direct human or animal consumption or use. Agricultural Retail Sales, Accessory. A location for the retail sale or bulk wholesale of agricultural or horticultural products that are entirely grown or matured on site. Aircraft Landing Strip, Private. A facility that accommodates use and servicing of private aircraft. Airport. The strip of land used for taking off and landing aircraft, together with all adjacent land and facilities used in connection with the aircraft landing or taking off from the strip of land including, but not limited to, land and facilities used for existing airport uses. Airport Elevation. The highest point of an airport’s usable runway, measured in feet above mean sea level. Airport/Heliport Influence Area Overlay. The overlay that identifies areas that support and encourage the continued operation and vitality of public use airports and heliports; where potential safety hazards are reduced with compatibility and safety standards to promote air navigational safety; and where environmental impacts resulting from the operation of public use airports and heliports are to be minimized. Airport Hazard. Any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport, or is otherwise hazardous to such landing or taking off of aircraft. Airport Imaginary Surfaces. Imaginary areas in space and on the ground that are established in relation to the airport and its runways. Imaginary areas are defined by the Primary Surface, Runway Protection Zone, Approach Surface, Horizontal Surface, Conical Surface, and Transitional Surface. Primary Surface. A surface longitudinally centered on a runway with dimensions as specified by FAR Part 77. Runway Protection Zone (RPZ). An area off the runway end used to enhance the protection of people and property on the ground. The RPZ is trapezoidal in shape and centered about the extended runway centerline. The dimensions are specified in FAA Advisory Circular 150/5300-13. Approach Surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the Primary Surface. Dimensions are defined by FAR Part 77. The Approach Surface is sometimes designated as the “Approach Zone.” Horizontal Surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the Primary Surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is defined by FAR Part 77. Conical Surface. A surface extending outward and upward from the periphery of the Horizontal Surface at a Slope of 20 to 1 for a horizontal distance of 4,000 feet. Transitional Surface. Those surfaces that extend upward and outward at 90-degree angles to the runway centerline and the runway centerline extended at a Slope of 7 feet horizontally for each foot vertically from the sides of the Primary and Approach Surfaces to the point of intersection with the Horizontal and Conical Surfaces. Transitional Surfaces for those portions of the precision Approach Surfaces that project through and beyond the limits of the Conical Surface, extend a distance of 5,000 feet measured horizontally from the edge of the Approach Surface, and at a 90-degree angle to the extended runway centerline. Airport Master Plan. The Master Plan including an Airport Layout Plan as updated and approved by the FAA and Garfield County. Airport Noise Impact Boundary. Areas located within 1,500 feet of an airport runway or within established noise contour boundaries exceeding 55 Ldn. Airport or Heliport Impact Areas. Direct Impact Area. The area located within 5,000 feet of an airport runway or 2,000 feet of a heliport, excluding lands within the Runway Protection Zone and Approach Surface. The Direct Impact Area is sometimes designated as the “Flight Pattern Area.” Secondary Impact Area. The area located between 5,000 and 10,000 feet from an airport runway or between 2,000 and 4,000 from a heliport. Airport Protection Surfaces. Imaginary Surfaces in an airport vicinity as established by FAR Part 77, “Objects Affecting Navigable Airspace,” U.S. Department of Transportation, FAA, January 1975, as amended, for the purpose of controlling heights of objects in an airport vicinity, as codified under Subchapter E, “Airspace,” of Title 14 of the Code of Federal Regulations, incorporated herein by this reference (C.R.S. § 41-4-101, et seq., as amended), or by other means accepted by the BOCC. Airport Reference Code. A code comprised of the Aircraft Approach Category and the Airplane Design Group as defined in FAA Advisory Circular 150/5300-13A. Airport Rules and Regulations. The rules, regulations, and minimum standards for aeronautical activities, as amended, restated, and adopted by the BOCC. Airport or Heliport Sponsor. The owner, manager, or other person or entity designated to represent the interests of an airport/heliport. Air Strip, Ultralite. The strip of land used for taking off and landing of recreational aircraft constructed of lightweight materials such as aluminum, graphite composites, or high-strength plastics, having an engine of roughly 15 to 40 horsepower and often resembling a hang glider with motorized propeller. Alley. A public right-of-way providing only secondary access to a property and not intended for general travel. Alteration. A change, rearrangement, or addition to the structural parts or in the existing facilities of a building or structure, or the moving from 1 location or position to another. Ambient Noise. The total of all noise in a situation, independent of the projected noise from any new particular source or increase in existing sources of noise. Ambient noise includes both sustained background readings and existing fluctuations in noise levels. Amended Final Plat. A recorded Plat correcting surveying, drafting errors, and other changes to an existing recorded Plat. Anaerobic Septic Tank (Subsurface) or Disposal Method. A small-scale sewage treatment system, with no connection to a central sewer system, that uses an anaerobic bacterial environment in order to decompose or mineralize waste discharged into the tank. Aerobic Aeration Plant or Disposal Method. A small-scale sewage treatment system, with no connection to a central sewer system, that provides an aerobic bacterial environment in order to decompose or mineralize waste discharged into the chamber. Animal Processing. A USDA-inspected facility primarily engaged in slaughtering animals, preparing processed meats and meat byproducts, and rendering and/or refining animal fat, bones, and meat scraps, excluding custom meat processing and wild game processing facilities, as defined and permitted by the USDA and CDPHE. Animal Sanctuary. An establishment conducted as a venture or an agricultural enterprise for the harboring, keeping, care, and secure and humane containment of wild and/or domesticated animals. The facility may also provide education to the public regarding the care of all animals. Applicant. A person or entity having fee ownership of the subject property and submitting a development application. Approach Surface. As it pertains to the airport, a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the Primary Surface. Dimensions are defined by FAR Part 77. Sometimes designated as “Approach Zone.” Approved Affordable Housing Entity (AAHE). An entity other than the GCHA who administers the management of Deed Restrictions in the approved affordable housing plan. Appurtenances. The visible, functional, or ornamental objects accessory to and part of a building. Archeological, Cultural, or Historical Resource. Historic or prehistoric resources that have been designated by the County or are recognized or historically known to the County; that are on the National Register of Historic Places (National Register) and/or that may be considered under the National Historic Preservation Act; or that are included in an established list of places compiled by the State Historical Society, or any local Garfield County Historic Preservation Program. Area Around a Rapid or Mass Transit Facility. As it pertains to Article 14, an area immediately and directly affected by a Rapid or Mass Transit Facility as defined herein. Area of Shallow Flooding. A designated Zone AO on the Flood Insurance Rate Map (FIRM) with a 1% chance or greater annual chance of flooding to an average depth of 1 to 3 feet; where a clearly-defined channel does not exist; where the path of flooding is unpredictable and indeterminate; and where velocity flow may be evident. Such flooding is characterized by ponding or sheetflow. Area of Special Flood Hazard. The land in the Floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, or A1-99. Area Median Income. County median annual household income as determined and published annually by the Department of Housing and Urban Development. Art Gallery. An establishment for the sale of works of art. Arterial Highway. Any limited access highway that is part of the Federal-aid interstate system or any limited-access highway constructed under the supervision of the Colorado Department of Transportation. At-grade. On the same level as the established grade. Auditorium. See “Community Meeting Facility.” Averag e Daily Traffic (ADT). The average number of 1-way vehicular trips that are generated from a particular land use during a 24-hour period. Bakery. A commercial establishment for the production of baked goods, primarily for sale to other commercial establishments. Base Flood. A flood having a 1% chance of being equaled or exceeded in any given year. The term is used interchangeably with intermediate regional flood, 100-year flood, and 1%-chance flood. Basement. Any area of the building having its floor sub-grade (below ground level) on all sides. Batch Plant. A facility for mixing concrete or asphalt. Batch Plant, Accessory. Accessory buildings and uses that are incidental to the principal concrete or asphalt batch plant operations Bed and Breakfast. See “Lodging Facilities.” Block. A portion of land enclosed by mapped roads or other bounds and contained within subdivided or mapped land. Board of Adjustment. A 5-member quasi-judicial body appointed by the Board of County Commissioners whose authority and procedures are described in C.R.S. §§ 30-28-117 and 30-28-118, as amended, and in section 1-303 of this Code. Board; Board of County Commissioners. The Board of County Commissioners of Garfield County, as described in Section 1-301. Boarding House. See “Lodging Facilities.” Broadcasting Studio. A place where AM or FM radio or television broadcasts originate. Building. Any structure having a roof supported by columns or walls and intended for supporting, enclosing, sheltering, or protecting any use or occupancy. The term “building” shall include modular or prefabricated buildings that do not fall within the definition of Manufactured Home. Building, Accessory. A subordinate building located on the same lot as the principal building, the use of which is incidental to the principal use. Unless otherwise specified in this Code, any Accessory Building is subject to the minimum requirements of the zoning district in which it is located. Building Code. The Code that regulates construction and alteration of structures and equipment intended to protect the public health, safety, and welfare as adopted and amended by the Board of County Commissioners. Building Envelope. A designated area within a lot or parcel in which all structures and development shall be constructed or occur, unless specifically excepted or exempted, including, but not limited to, excavation, landscaping, building, grading, demolition, or filling. Building Footprint. The outline of the total area that is covered by a building’s perimeter at ground level. Building Material, Lumber Yard or Garden Store. A facility for the sale of home, lawn, and garden supplies; landscaping materials; and brick, lumber, and other similar materials. This use may include the outside storage of materials. Building Official. The officer or other designated authority charged with the administration and enforcement of the building code, or a duly authorized representative. Building Permit. A permit which is issued by the building inspector prior to the erection, construction, alteration, moving, relocation, or change of use of any building or structure. Building Restriction Line. As it pertains to Article 14, a line that identifies suitable building area locations. Building or Structure Necessary to Agricultural Operations, Accessory. Accessory buildings that are used to support agricultural operations. Examples include a barn, chicken coop, storage shed for agricultural equipment, and indoor riding arena. Bulk. The total volume of the structure, found by multiplying the square footage by the height. Bulk Sales of LPG and CNG. Businesses that receive supplies from other sources and then store, distribute, and/or sell liquefied petroleum gas and/or compressed natural gas. Cabin. A structure intended for residential occupancy for recreational purposes that may or may not have a kitchen and may not meet the minimum size standards of a single-unit dwelling. Campground/RV Park. A land parcel in single ownership that has been developed for occupancy by guest-owned tents and Recreational Vehicles (RVs) on a temporary basis for recreational purposes. Camper Trailer. A wheeled vehicle without motor power that is designed to be drawn by a motor vehicle over the public highways, and that is generally and commonly used for temporary living or sleeping accommodations. Car Wash. An area of land and/or a structure with machine- or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles. Cemetery. A place designated for the burial or keeping of the remains of the dead, whether human or animal, including crematories, mausoleums, and columbaria operated within the boundaries of the Cemetery.   Central Sewer System. See “Sewage Treatment Facility.” Central Water (Distribution) System. A public water system that serves more than 1 service connection used by year-round residents. Cesspool. An underground reservoir for liquid waste. Child Care Center. A facility licensed by the State department, by whatever name known, that is maintained for the whole or part of a day, but less than 24 hours, for the care of 5 or more children who are 18 years of age or younger and who are not related to the owner, operator, or manager thereof, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. This includes residential child care facilities, including community-based residential child care facilities, as defined in rule by the State board, and psychiatric residential treatment facilities as defined in C.R.S. § 25.5-4-103 (19.5), as amended. Church. See “Place of Worship.” Cluster Development. The concentration of development, including buildings, driveways, and water supply and wastewater treatment facilities, on 1 or more compact areas of a Development parcel, preserving the remainder as productive Agricultural Land or undeveloped Open Space, and avoiding impacting areas of identified value for Wildlife Habitat, scenic features of a rural landscape, historical agricultural uses, and significant environmental features. Code or Land Use Code. The Garfield County Unified Land Use Resolution. Colorado Medical Marijuana Code. C.R.S. § 12-43.3-101, et seq., and any regulations promulgated thereunder. Commercial, General Zone District. The zone district that intends to provide for general retail, service, and recreation-oriented commercial businesses intended to serve the County as a whole. Development standards and review criteria are specifically intended to discourage strip development and encourage low-scale, low-impact commercial areas. Commercial, Limited Zone District. The zone district that intends to provide for a limited range of Commercial Uses needed to meet the shopping needs of residents in the adjacent neighborhoods. Businesses are to be oriented to the neighborhood and compatible with surrounding residential uses. Commercial Mineral Deposits. Oil, gas, gravel, and other natural deposits that may be extracted from a property for economic benefit. Commercial Use. See “Use, Commercial.” Common Interest Community. Real estate described in a declaration with respect to which a person, by virtue of such person’s ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in a declaration. Ownership of a unit does not include holding a leasehold interest in a unit for less than 40 years, including renewal options. The period of the leasehold interest, including renewal options, is measured from the date the initial term commences. Common Open Space. A parcel or parcels of land, or a combination of land and water, designed and intended primarily for the use or enjoyment of residents, occupants, and owners. Categories of Open Space are defined as follows. Useable Open Space. Any land retained in an open manner having an average slope of 25% or less across the entire parcel, or is an existing or proposed agricultural area. Recreational Open Space. Any Open Space land to be developed into an area or areas for organized or unorganized recreational activities. Examples would include, but are not limited to, soccer/football playing fields, parks, baseball/softball diamonds, or similar uses. Commercial Open Space. Any Open Space land that would be developed into an area or areas of land for which a fee would be charged for use. Examples would include, but are not limited to, golf courses, water ski lakes, horse riding facilities, or similar uses. Limited Use Open Space. Any land to be retained as Open Space that has an average Slope greater than 25%. Community Meeting Facility. A facility for public gatherings including, but not limited to, recreation halls and auditoriums, and holding events such as weddings, wedding receptions, community meetings, and meetings and events sponsored by neighborhood groups, religious groups, philanthropic organizations, etc. Compatibility. The characteristics of different uses or activities or design that allow them to be located near or adjacent to each other in harmony. 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. The master land use plan adopted by the Planning Commission and certified to the BOCC pursuant to C.R.S. §§ 30-28-106, 107, 108, and 109, as amended. Compressor/Pipeline Pump Station. An installation consisting of equipment utilized to increase pipeline pressures, monitor operating conditions, and associated control equipment in order to move gas and/or liquids in pipelines. Condominium. An individual air space unit together with the interest in the common elements appurtenant to such unit. Individual air space unit consists of any enclosed room or rooms occupying all or part of a floor or floors in a building of 1 or more floors to be used for residential, professional, commercial, or industrial purposes that has access to a public street. Conical Surface. As it pertains to the airport, a surface extending outward and upward from the periphery of the Horizontal Surface at a Slope of 20 to 1 for a horizontal distance of 4,000 feet. Conservation Easement. The right of the owner of a property to prohibit or require certain acts with respect to the use of the property in order to maintain the property in a manner that will preserve its value for, but not limited, to agriculture, recreation, education, habitat, Open Space, or historical importance. A Conservation Easement is an interest in real property. Construction, Existing. Means for the purposes of determining rates, structures for which the “Start of Construction” commenced before the effective date of the Flood Insurance Rate Map. “Existing Construction” may also be referred to as “existing structures.” Contiguous. Sharing an edge or boundary; touching. Contractor’s Yard, Small. The use of land for the purpose of storing machinery, equipment, and supplies for an individual business that may include office, maintenance, and repair facilities that provide services to clients through the use of the machinery, equipment, or supplies, that is on a site up to 5 acres in size. Site size shall be measured by drawing a box(es) around the perimeter of the Contractor’s Yard and calculating the resulting area. Contractor’s Yard, Large. The use of land for the purpose of storing machinery, equipment, and supplies for an individual business that may include office, maintenance, and repair facilities that provide services to clients through the use of the machinery, equipment, or supplies that is on a site greater than 5 acres. Site size shall be measured by drawing a box(es) around the perimeter of the Contractor’s Yard and calculating the resulting area. Convenience Store. Any retail establishment selling consumer products including primarily prepackaged or prepared food items and household items, and having a gross floor area of less than 5,000 square feet. A convenience store may also have associated retail sale of gasoline and other petroleum products and vehicle washing facilities. Corrections Facility. A use that provides housing, treatment, or care for individuals legally confined or placed as a result of criminal charges, and designed to incarcerate or rehabilitate individuals in either a secured or nonsecured setting. Cost. The total monetary amount to be paid, including all amounts to be paid for land acquisition, capital improvements, construction, fixtures, equipment, labor, materials, operation, financing, debt service, planning, permitting, and similar purposes. County. The County of Garfield, State of Colorado. Cultural Resource. See “Archeological Resource.” Crematorium. A facility in which dead bodies are reduced to ashes by fire. Days. The days in which the County is open for business, unless otherwise provided in this Code. Decibel. The basic unit for measuring the difference of sound pressure levels from a sound event to a reference pressure. Decision-Making Body. The Board of County Commissioners, Planning Commission, Board of Adjustment, or Director. Deed. A legal document conveying an interest in real property recorded in the real property records of the Garfield County Clerk and Recorder. Density. A unit of measurement, specific to development, to be interpreted as the number of dwelling units per acre of land. Dedication. The conveyance or setting aside of land to the BOCC or its designee. Designation. As it pertains to Article 14, that legal procedure specified by C.R.S. §§ 24-65.1-401, 402, and 406, as amended, for designating matters of State interest. It also includes the revocation and amendment of such designations. Development. Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. Development Agreement. The agreement between the owner and the County that specifies the terms and conditions of the approval. This agreement implements the site specific development plan that establishes vested rights under C.R.S., Article 68, Title 24, as amended. Development Area. As it pertains to Article 14, those geographic areas within the County that will be developed or altered directly by construction or operation of the Project. Development Permit. Any County land use permits or approvals of any kind, including Building Permits, Plat approvals, Grading Permits, or Land Use Change Permits. Development Process. The process that the County requires all property owners to follow in order to obtain Land Use Change Permits or a division of land. Direct Impact Area. As it pertains to the airport, the area located within 5,000 feet of an airport runway or 2,000 feet of a heliport, excluding lands within the Runway Protection Zone and Approach Surface, sometimes designated as the “Flight Pattern Area.” Director. The Director of the Garfield County Building and Planning Department or authorized representative. Discharging Ground Surface. The area where processed waste from a septic system is piped out so that it may infiltrate the ground. Distribution System. Network of pipes and conduits through which a utility company product is piped to the public for consumption. Drinking Water Constraints Overlay. The overlay that identifies areas where domestic water supply for land use, including human consumption of ground water, is to be protected. Dwelling Unit. A building used exclusively for residential occupancy, including single-unit dwellings, 2-unit dwellings, and multi-unit dwellings. Dwelling Unit, Accessory. A dwelling unit considered secondary to a primary dwelling unit for use as a complete independent living facility on the same parcel as a permitted principal use and that meets dimensional and other requirements applicable to the principal use, which may be attached to the primary dwelling. Dwelling Unit, Attached. A residential building containing dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by legally divided party walls without openings. The term is intended primarily for such fee simple title ownership of dwelling types as townhouses and duplexes. Dwelling Unit, Detached. A single-unit dwelling at least 20 feet wide and 20 feet long, and that meets the building code. Dwelling Unit, Multi-Unit. A dwelling containing 3 or more dwelling units, not including hotels, motels, fraternity and sorority houses, and similar group accommodations. Dwelling Unit, Single Family or Single-Unit. A building designed exclusively for residential occupancy. A single structure with 1 or more rooms designed to function as a single living facility and containing only 1 kitchen plus living, sanitary, and sleeping facilities. Dwelling Unit, 2-Unit. A building consisting of 2 dwellings. Easement. A right granted by a property owner permitting a designated part or interest of the property to be used by others for a specific use or purpose. Eating or Drinking Establishment. An establishment for the sale and consumption of food and beverages on the premises, or with drive-thru accommodations. Educational Facility. Buildings and uses for instruction or research activities associated with an academic institution that has curriculum for technical or vocational training that may be, but are not limited to, kindergarten, elementary, secondary, or higher education, including residential facilities for faculty, staff, and students. Electric Power Generation Facility, Large. A facility designed to generate electricity by the conversion of natural resources such as coal, natural gas, or water with generating capacity of 10 megawatts or more, and any appurtenant facilities thereto. Electric Power Generation Facility, Small. A facility designed to generate electricity by the conversion of natural resources such as coal, natural gas, or water with generating capacity of less than 10 megawatts, and any appurtenant facilities thereto. Emergency Care Facility. A health care facility providing primarily outpatient emergency care for the diagnosis and treatment of individuals. Emergency Shelter. A facility providing intermediate-term housing to people with limited financial resources, including people who are homeless or are abused mentally, physically, or emotionally and need to escape a threatening situation. Accommodations may also include food, counseling, transportation services, and service to support the personal care of the residents of the facility, including medical care, dental care, and hygiene. Environment. As it pertains to Article 14, all natural physical and biological attributes and systems, including the atmosphere, climate, geology, soils, groundwater, surface water, Wetlands, vegetation, animal life, physical features, natural hazards, topography, and aesthetics. Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which Manufactured Homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Expansive Soil. Rock or soil that shrinks or expands excessively with changes in moisture content. Extraction. To draw out or forth; hence to derive as if by drawing out; removal of physical matter in a solid or liquid state from its naturally occurring location; the initial step in utilization of a natural resource. Examples include shale and coal mines, gravel pits, and timber cutting. Extraction, Gravel. The removal of gravel resources from the ground. Extraction, Mining, and Other. The removal of minerals or other resource from the ground. Excavation. The removal of earth material by artificial means, also referred to as a “cut.” Federal Aviation Administration. The Federal agency responsible for aircraft safety. Federal Aviation Administration’s Technical Representative. The Federal agency providing the FAA with expertise on wildlife and bird strike hazards as they relate to airports. This may include, but is not limited to, the USDAAPHIS-Wildlife Services. Fabrication. To form by art and labor; to manufacture; change in the physical shape of matter; the final step in utilization of a natural resource. Examples include the manufacture of wholesale and retail goods from processed materials, wood, and metal working operations and the following: Assembly of Structures. Process in which an item is put together from ready-made components or parts such as, but not limited to, roof trusses and other prefabricated building components. Cabinet Making, Woodworking, Metalworking, Glazing, Machining, Welding. The fabrication of wood and metal products. Equipment, Small Appliances. The fabrication of portable or semi-portable machines, generally on a platform, used to accomplish a household task. Goods Processed From Natural Resources. Products made from natural resources such as wood and extracted minerals. Examples include metal, lumber, and mulch. Vehicles, Machinery, and Heavy Equipment. A constructed machine used to transmit or modify the application of power, force, or motion. Examples include tractors, automobiles, dump trucks, and bailers. Facilities in Place. Any facility in existence at the time of adoption of this Code. Facility. A structure or place that is built, installed, or established to serve a particular purpose. Family Child Care Home. A facility for child care in a place of residence of a family or person for the purpose of providing less than 24-hour care for 9 or fewer children under the age of 18 years who are not related to the head of such home. A Family Child Care Home may include infant-toddler child care homes, large child care homes, experienced-provider child care homes, and such other types of Family Child Care Homes designated by rules of the State Department of Social Services pursuant to C.R.S. § 26-6-106(2)(p), as amended. Feasible. Appropriate, suitable, and capable of being accomplished given physical and natural constraints. Unconstrained by hazards, topography, and site limitations. Feedlot, Commercial. A place of confinement of livestock for the primary purpose of providing for the ultimate sale of products from the animals or the animals themselves. Fill. A deposit of earth material placed by artificial means. Fire Protection Agency. Any legally formed fire protection district or the Sheriff’s Office in areas not within a fire protection district. Fire Station. A facility operated by a municipality, fire district, or department that houses fire equipment. The facility may be used for housing personnel and associated meetings. Fish Farm. Exclusive of recreational fishing operations, a workplace where fish are hatched and raised for the purpose of harvesting and sale including, but not limited to, production for consumption and private stock. Fixed Guideway. As it pertains to Article 14, a transportation facility consisting of a separate right-of-way or rail line for the exclusive use of Rapid or Mass Transit vehicles. Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, and the unusual and rapid accumulation or runoff of surface waters from any source. Flood Fringe. The area of the Floodplain shown on the flood maps that lies outside of the Floodway, in which the depth and velocity of the waters of the 100-year flood do not present as serious a threat to life and property as do the depth and velocity of the 100-year floodwaters in the Floodway. It is that area of the 100-Year Floodplain in which the use of fill and floodproofing techniques may be allowed for development, without raising the water surface elevation of the 100-year flood by more than 1 foot. Flood Insurance Rate Map. An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood Insurance Study. The official report provided by FEMA that includes flood profiles, the Flood Boundary Floodway Map, and the water surface elevation of the Base Flood. Floodplain. Any land area susceptible to being inundated by water from any source. / Floodplain Administrator. The individual designated by the BOCC and assigned to make the necessary interpretations of the Floodplain studies and maps as they relate to the precise location and elevation of the surface of the Floodplain on a specific property, and any other interpretation and duties required in the daily administration of this Code. For the purposes of this Code, the Floodplain Administrator shall be the Director. Floodplain Development. Under Floodplain regulations, any public or private construction or activity that changes the basic character or the topography of the land on which the construction or activity occurs including, but not limited to, any manmade change to improved or unimproved real estate, construction, or substantial improvement of buildings or other structures. Development includes mining, dredging, filling, grading, paving, excavation, or drilling operations; and all dams, reservoirs, walls, embankments, berms, levees, dikes, piles, abutments, projections, channel rectification, roads, bridges, culverts, excavations, and fills. Floodplain Encroachment. Any development, stockpile, refuse, or matter in, along, across, or projecting into any Floodplain that might impede, retard, or change the direction of a flow of water, either by itself or by catching or collecting debris carried by such water. The term “Floodplain Encroachment” shall not include any device or structure reasonably necessary for flood control or prevention. Floodplain Overlay. The Official Zoning Overlay District that identifies areas within the 100-year Floodplain where adverse effects of a development on the flood-carrying capacity is to be minimized. Floodproofing. A combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodway (Regulatory). 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. Floor Area. The total habitable horizontal Floor Area of all floors in a building, measured from exterior wall to exterior wall, exclusive of unfinished basement, garage, storage area, and utility rooms. Floor Area Ratio. This means the Floor Area of the building or buildings on a lot divided by the total lot area. Foster Home. A residence in which a certified, stand-in “parent(s)” care for minor children or young people who have been removed from their birth parents or other custodial adults by State authority. Forestry. Cultivating, maintaining forests, managing, or harvesting forest land, including the selling of firewood produced on the parcel. Fraternal Lodge. A facility that an organization or club owns; the relationship between its members is considered to be analogous to brotherhood. Gas Transmission Line. Gas main or gas laterals used in the local distribution of natural gas service. General Service Establishment. A. An establishment for services offered by building trade professionals including but not limited to building contractor, electrical contractor, and plumbing contractor. B. An establishment for trade services offered by blacksmiths, and other comparable trades. C. An establishment for service and repair of automobiles, appliances, equipment and machinery. Golf Course/Driving Range. A recreational facility primarily used for the purpose of playing or practicing golf, but which may include associated eating and drinking areas, retail sales areas, and staff offices. Grade, Finished. The final elevation of the ground surface after development. Grade, Natural. The elevation of the ground surface in its natural state before manmade alterations. Grading. Any excavating, filling, or combination thereof. Gravel Pit. See “Extraction.” Grazing. The feeding of livestock or horses or other domestic animals on growing grasses and herbage produced on the parcel where the animals are confined. Group Home Facilities. A facility operated by a public, nonprofit, or private agency that provides care or supervision of persons who are not related by blood, marriage, or adoption to the facility’s owner, operator, or manager. Hazard. A significant natural or manmade phenomenon or condition that is a source of risk, danger, or peril resulting from natural phenomena or conditions. As it relates to airport and heliport operations, the term “Hazard” shall include any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or heliport, or is otherwise hazardous to such landing or taking off of aircraft. As it relates to bird strike hazards, the term “Significant Hazard” means a level of increased flight activity by birds across an Approach Surface or runway that is more than incidental or occasional, considering the existing ambient level of flight activity by birds in the vicinity. Hazard, Geologic. A geologic phenomenon that is so adverse to past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes, but is not limited to, avalanches, landslides, rock falls, mudflows, and unstable or potentially unstable slopes, seismic effects, radioactivity, and ground subsidence. Hazard Area. An area that contains or is directly affected by a geologic hazard. Avalanche Area. A mass of snow or ice and other material that may become incorporated therein as such mass moves rapidly down a slope. Landslide Area. An area with demonstrably active mass movement or rock and soil where there is a distinct surface rupture or zone of weakness that separates the landslide material from more stable underlying material. Mudflow Debris Area. An area subject to rapid mud and debris movement or deposit occurring after mobilization by heavy rainfall or snowmelt runoff. Such areas are formed by successive episodes of deposition of mud and debris. Radioactive Area. An area subject to various types of radiation emission from radioactive minerals that occur in natural or manmade deposits of rock, soil, or water. Potentially Unstable Soils. An area of land identified as having soils that may cause damage to structures, such as buildings and roadways, as a result of over saturation or some other outside influence. Height. The highest point of a structure or tree, plant, or other object of natural growth, measured from mean sea level. Height, Building.. The distance, measured vertically, from the average undisturbed or natural ground grade horizontal plane of a building footprint to the top of a flat roof or mansard roof or to the mid-point between the eave line and the peak of a gable, hip, shed, or similar pitched roof. Heliport. Any designated area used for the landing and taking off of helicopters. The use may include all necessary passenger and cargo facilities, fueling, and emergency service facilities. Helistop. As it pertains to Article 14, a minimally-developed heliport for landing and discharging passengers or cargo not intended for refueling or maintaining itinerant helicopters. Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Highway. As it pertains to Article 14, State and Federal highways and major County arterials. Highway, Arterial. As it pertains to Article 14, a principal arterial road as defined in the Garfield County Road and Bridge Design and Construction Standards that has an Average Daily Traffic count of 5,000 or greater. Highway, Collector. As it pertains to Article 14, an arterial road as defined in the Garfield County Road and Bridge Design and Construction Standards that has an Average Daily Traffic count of at least 2,500, but not more than 4,999. Historical Resource. See “Archeological, Cultural or Historic Resource.” Home Office/Business. Any use for gain or support carried on as an Accessory Use within a dwelling unit or a Building Accessory to the dwelling unit that does not create the appearance or impact of a commercial activity. Homeowner Association or Owners Association. The association set up to enforce the covenants and maintain all common areas and buildings for a development and any association established under C.R.S. Title 7, Corporations, as amended. Horizontal Surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the Primary Surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is defined by FAR Part 77. Horticultural. Having to do with the growing of fruits, vegetables, flowers, or ornamental plants. Hospital. An institution providing health services primarily, but not exclusively, for human inpatient medical or surgical care for sick or injured, including related facilities such as laboratories, outpatient departments, training and central services facilities, and staff offices. Hotel. See “Lodging Facilities.” Hydrau lic Fracturing. The process of creating small cracks or fractures in the underground geological formations by using a controlled high pressure injection of fluid or proppant (usually sand) to allow oil or natural gas to flow into the wellbore and thereby increasing productivity of the well. Hydraulic Fracturing, Remote Surface Facility. A COGCC-approved surface facility, not located on a well pad, that is used for staging materials and equipment to pump hydraulic fracturing fluid to 1 or more COGCC-approved well locations for the purpose of advancing the wellbore and increasing the productivity of the well through hydraulic fracturing as part of the well completion activity.   Illumination, Direct. Lighting by means of an unshielded light source that is effectively visible when the light travels directly from the source to the viewer’s eye. Illumination, Indirect. Lighting by means of a light source directed at a reflecting surface in a way that illuminates the sign from the front or a light source that is primarily designed to illuminate without direct travel from the source to the viewer’s eye. Impact. The direct or indirect effect or consequence resulting from a development upon land, the environment, the community, or any part or segment thereof. The term shall include, but not be limited to, physical, environmental, economic, visual, auditory, or social consequences or effects. Impact Area (Project). As it pertains to Article 14, those geographic areas, including the development area, in which any impacts are likely to be caused by the Project. Impervious Area/Surface. Surfaces constructed of materials that are impenetrable to water or other liquids. Improvements Agreement. One or more security arrangements accepted by the BOCC to secure the actual cost of construction of such public improvements as are requirements of project approval for a Subdivision or land use change. Include. Including without limitation. Individual Sewage Disposal System. An absorption system of any size or flow or a system or facility for treating, neutralizing, stabilizing, or disposing of sewage that is not part of or connected to a sewage treatment works as that term is defined in C.R.S. § 25-10-103(20), as amended. Industrial. Any development of natural resources, business or trade, commercial activity, processing, fabrication, alteration or manufacture of raw or semi-processed materials, manufactured goods, or any components thereof. Industrial Equipment, Vehicle Sales, and Leasing. The business of selling or leasing large machinery used in industrial activities. Industrial (I) Zone District. The zone district intended to provide appropriate areas for industrial businesses in locations where conflicts with residential, commercial, and other land uses can be minimized. Industrial Use. See “Use, Industrial.” Infrastructure. Those manmade structures that serve the common needs of the population. Injection Well. A well, on an approved COGCC site, used for pumping water or gas into a reservoir.   Injection Well, Served by Hauling. A vertical pipe in the ground into which water, other liquids, or gases that are transported to the site by a vehicle are pumped or allowed to flow. Injection Well, Served by Pipeline. A vertical pipe in the ground into which water, other liquids, or gases that are transported to the site through a pipe system are pumped or allowed to flow. Interchange. As it pertains to Article 14, the intersection of 2 or more highways, roads, or streets, at least 1 of which is an arterial highway where there is direct access to and from the arterial highway. Irrigation Ditch. A manmade channel designed to transport water. Junk. Any material unfit for its original intended use, discarded, worn out, dismantled, or deteriorated in such condition that it is not useable, safe, or fit for human use or habitation. Kennel, Small. A commercial establishment other than a pet shop or veterinary clinic, in which adult dogs or domesticated animals are housed, groomed, bred, boarded, or trained and that have between 5 and 8 adult dogs with no more than 2 litters of pups per any 1 calendar year. Dogs used as a part of a legitimate agricultural activity are exempted from the definition. Kennel, Large. A commercial establishment other than a pet shop or veterinary clinic, in which adult dogs or domesticated animals are housed, groomed, bred, boarded, or trained and have greater than 8 adult dogs and more than 2 litters of pups per any 1 calendar year. Dogs used as a part of a legitimate agricultural activity are exempted from the definition. Kitchen. A room or area that is designated to be used for cooking and preparation of food that contains 1 or more standard-size kitchen appliances or fixtures. Land Use Change. Any development, grading, construction, activity, or operation that changes the basic character, configuration, or use of land or structures after the enactment of this Land Use Code constitutes a change in land use. Land Use Change Permit. Approval by the County for any land use or activity subject to County review by this Code. Land Use Code. The Garfield County Unified Land Use Resolution. The terms “Code” and “Regulations” also refer to the Garfield County Unified Land Use Resolution. Landing Strip. A minimally developed airport for landing and discharging passengers or cargo not intended for refueling or maintaining itinerant aircraft. Laundromat. A business that consists primarily of serving retail customers for the purpose of cleaning clothes. Laundry and Dry-Cleaning Plant, Commercial. A facility for cleaning or laundering of garments, fabrics, rugs, draperies, or other similar items on a commercial or bulk basis. Ldn. Day Night Level. A 24-hour average noise level with a 10-decibel penalty for nighttime. Leq(h). Hourly Equivalent Noise Level. The equivalent steady state noise level that contains the same amount of acoustic energy as the time varying sound level over a 1-hour period. Library. A collection of information, sources, resources, and services. In the more traditional sense, a library is a collection of books. Licensing Authority, State. The Colorado Department of Revenue, the authority created pursuant to the Colorado Medical Marijuana Code for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of medical marijuana in Colorado. Licensing Authority, Local. The Garfield County Board of County Commissioners that shall be responsible for regulating and controlling the licensing of the cultivation of Medical Marijuana in unincorporated Garfield County. Limited Impact Review. A shortened Land Use Change Permit application and review process, described in Section 4-104, Limited Impact Review. Line, Distribution. Any power line designed for or capable of the transmission of less than 69 kilovolts of electricity. Line, Transmission. Any power line designed for or capable of the transmission of 69 kilovolts of electricity or greater and that emanates from an electrical power generation facility or electric substation and terminates at a substation. Livestock. Domestic animals that are used for food for human or animal consumption, breeding, draft, or profit. Local Agency Applicant. As defined by the CDOT, a local unit of government with land use authority, where that government elects to enter into a contractual relationship with CDOT through an Intergovernmental Agreement for a specific Project. This person is involved in the permitting process when noise barriers are proposed either entirely on a CDOT right-of-way or where such barrier straddles privately-owned land as a CDOT right-of-way. Lodging Facility. An accommodation for a temporary stay that includes, but is not limited to a resort lodge, guest ranch, overnight shelter, motel, hotel, boarding house, and bed and breakfast establishment. Lodging Facilities exclude seasonal employee housing on premises; contracted employee housing off premises; seasonal rental of homes; and lock-outs, or portions of homes, whether managed by a lodging management agency or not, consisting of 2 or less independent lodging units. Lot. Any legally created parcel of land including, but not limited to, lots on a legally recorded Plat. Lot Area. The area of the horizontal plane within the lot lines of a lot. Lot Coverage. The portion of a lot that is covered or occupied by buildings and. Lot coverage does not include areas such as driveways, parking, or walkways; nor include cantilever construction so long as the area beneath the cantilever construction is at least 8 feet above ground. Lot Line. The external boundary of a lot. Lot Line, Front. The boundary of a lot dividing it from the adjacent street right-of-way line, from which primary access to the property is gained. Lot Line, Rear. The boundary of a lot opposite the Front Lot Line. Lot Line, Side. Any boundary of a lot other than the Front or Rear Lot Line. Lot Size. See “Lot Area.” Lot Slope. The gradient or configuration of the undisturbed land surface of a lot or building site that shall be established by measuring the maximum number of feet in elevation gained or lost over 40 feet or fraction thereof, measured horizontally in any direction between opposing lot lines. The relationship of elevation or vertical measurement is divided by the horizontal measurements to be expressed as a percentile. Lowest Floor. 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 resistant enclosure, usable solely for parking or 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. Major Temporary Housing Facility. See “Temporary Housing Facility, Major.” Manufactured Home. A structure, transportable in 1 or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that such term shall include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary (HUD) and complies with the standards established under by the International Residential Code. For the purpose of these provisions a mobile home shall be considered a Manufactured Home. Manufactured Home Park. Any site or tract of land under single ownership upon which 3 or more Manufactured Homes, occupied or intended to be occupied, for single-family unit purposes. A Manufactured Home Park does not include the use of land for the display and sale of Manufactured Homes or for seasonal recreational use. Manufactured Home Park or Subdivision, Existing. A Manufactured Home Park or Subdivision for which the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads), is completed before the effective date of the Floodplain management regulations adopted by a community. Manufactured Home Space. A portion of ground within a Manufactured Home Park designated for the permanent location of 1 Manufactured Home. Manufactured Home Subdivision. A subdivision of land designed entirely or primarily for Manufactured Homes that meets all other regulatory requirements for subdivision under this Code and standards for siting of Manufactured Homes. Marijuana. Marijuana that is grown or sold pursuant to the Colorado Medical Marijuana Code and for the purpose of assisting patients as authorized by Section 14 of Article XVIII of the Colorado Constitution. Mass Transit. A coordinated system of 1 or more transit modes providing regular transportation to the general public including, but not limited to, bus and Rapid Transit, but not including charter, school bus, or sightseeing transportation. Mass Transit Facility. A Station or Terminal constructed to provide and facilitate passenger access and egress to a Rapid or Mass Transit System, Fixed Guideways, dedicated highway lanes restricted to use by only Mass Transit vehicles, restricted dedicated flyovers, and restricted dedicated access to Terminals or Stations, or highway access and egress facilities restricted to use only by Mass Transit vehicles. Mass Transit System. A transportation system providing regular transportation to the general public over 1 or more transit modes including, but not limited to, bus and Rapid Transit, but not including charter, school bus, or sightseeing transportation. Master Plan. See “Comprehensive Plan.” Matter of State Interest. As it pertains to Article 14, an area or an activity of State interest, or both, as listed in C.R.S. §§ 24-65.1-201 and 24-65.1-203, as amended. Material Handling. To load and unload goods, materials, and products, whether industrial or commercial, in bulk, excluding the operation of extraction, processing, fabrication, or storage as defined above, including a transfer station for construction waste including wood, drywall, metals, paper, plastic, and other types of construction materials. Medical Marijuana. Marijuana that is grown or sold pursuant to the Colorado Medical Marijuana Code, and for the purpose of assisting patients as authorized by Section 14 of Article XVIII of the Colorado Constitution. Medical Marijuana Patient. A person who has a debilitating medical condition that was previously diagnosed by a physician and has properly obtained a registry card from the Colorado Department of Public Health and Environment prior to engaging in the use of Medical Marijuana as authorized by Section 14 of Article XVIII of the Colorado Constitution. Mineral Estate. A mineral interest in real property that may be severed from the surface estate of the subject property that, if severed, is shown by the real estate records of the county in which the real property is situated and that is not owned as part of the full fee title to the real property pursuant to C.R.S. § 24-65.5-102, as amended. Mineral Resource, Not Natural Gas or Oil. A constituent of the earth in a solid, liquid, or gaseous state that, when extracted from the earth, is usable in its natural form or is capable of conversion into a usable form as a metal, a metallic compound, a chemical, an energy source, or a raw material for manufacturing or construction material. Mineral Resource, Natural Gas or Oil. Hydrocarbon resources in a viscous, liquid, or gaseous state, or combination thereof, including, but not limited to, oil, natural gas, methane, and related products, extracted through drilling and piping methodologies from a surface location, and as may be defined further by the COGCC. Mineral Waste Disposal Area. An area that the by-products of a mining operation are placed for permanent disposal and reclamation. Mining. See “Extraction.” Minor Temporary Housing Facility. See “Temporary Housing Facility, Minor.” Mitigation. As it pertains to Article 14, an action that will have 1 or more of the following effects: Avoiding an impact by not taking a certain action or parts of an action; Minimizing impacts by limiting the degree or magnitude of the action or its implementation; Rectifying the impact by repairing, rehabilitating, or restoring the impact area, facility, or service; Reducing or eliminating the impact over time by preservation and maintenance operations; and/or Compensating for the impact by replacing or providing suitable biological and physical conditions and by replacing or providing suitable services and facilities. Mobile Home. See “Manufactured Home.” Mortuary. A business that provides burial and funeral services for the deceased and their families. These services may include a prepared wake and funeral and the provision of a chapel for the funeral. Motel. See “Lodging Facilities.” Motor Sports Center. A specifically designated area, not intended for use only by a resident, devoted to recreational or competitive activities by motorized vehicles including, but not limited to, dirt bikes, ATV’s, all classes of racing vehicles, motorcycles, and otherwise modified vehicles for the purpose of having a race course, derby area, specialized tracks, hazards, obstacles, ramps, or field appurtenances associated with such activities and inclusive of supporting facilities, viewing areas, shielding, and parking. Municipality. An incorporated city or town. Museum. A building or place devoted to the procurement, care, study, and display of objects of lasting interest or value. Natural Gas Distribution. Pipelines, structures, and appurtenant facilities used for the distribution of natural gas. Natural Hazards. Naturally-occurring phenomena that can pose hazards to life or property. Natural Resource. Naturally-occurring material such as soil, wood, air, water, oil, or minerals that is valuable to people, plants, and wildlife. Neighborhood. A geographical area having distinguishing characteristics or features; and/or a community of people sharing site-based commercial, cultural, or educational resources; and/or a community of people sharing access to an area and infrastructure; and/or an accumulation of residents who self-define affinity through an association or interest group that is place-based. The term “Neighborhood” may define an area smaller or larger than what is encompassed in a Development. New Construction. Means, for the purpose of determining insurance rates, structures for which the “Start of Construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For Floodplain management purposes, “New Construction” means structures for which the “Start of Construction” commenced on or after the effective date of a Floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. Net Effect. As it pertains to Article 14, the impact of an action after mitigation. Noise Barrier. A solid physical structure constructed between the source of existing or anticipated noise and noise sensitive receivers, constructed of sufficiently dense materials that will achieve a readily perceptible noise reduction and noise abatement between the source of the noise and the targeted recipients of that noise. Noise Abatement. A level of mitigation for noise impacts, typically defined in a reduction of decibels of either ambient noise received by a recipient of that noise level or a reduction in fluctuations of noise received by that same recipient. Noise Impact Boundary. The areas within 1,500 feet of an airport runway or within established noise contour boundaries exceeding 55 Ldn. Nonconforming Structure. A building or structure legally existing at the time of enactment of this Land Use Code or lawful amendments to this Code that does not conform to the regulations of the zoning district in which it is situated. Nonconforming Use. A use of land legally existing at the time of enactment of this Land Use Code or lawful amendments to this Code and that does not conform to the regulations of the zoning district in which it is situated or used. Nondischarging Subsurface Disposal. A waste system where waste is placed in an underground area where it is treated and absorbed into the ground at one location. Nursery/Greenhouse. An establishment engaged principally in the cultivation of and sale of trees, shrubs, flowers, or other plants and where other directly related items, such as landscaping materials, are stored and sold. Obstruction. As it pertains to an airport or heliport, any structure or tree, plant, or other object of natural growth that penetrates an imaginary surface. Oil and Gas Drilling and Production. Any operation utilizing equipment that advances a borehole into substrata for the purpose of discovery, development, and/or production of oil or gas. Oil and Gas Well Sites. Graded or otherwise constructed areas of drilling pads for 1 or more wells, as may be permitted by the COGCC, including those reserved for production operations following interim reclamation of the drilling pad. On-Site Wastewater Treatment System. A compartmentalized water treatment system associated with an approved ISDS permit. This system is intended to treat domestic wastewater generated on site for reuse. Water treatment technologies may include, but not be limited to, reverse osmosis, microfiltration membranes, and/or distillation processes. This system is typically deployed as an alternative to vault and haul wastewater disposal systems.  Open Space. Any land or water area that serves specific uses of providing park and recreation opportunities, or conserving natural areas and environmental resources, or structuring urban development form, or protecting areas of agricultural, archeological or historical significance. Open Space shall not be considered synonymous with vacant or unused land or yards as part of a platted lot. Operator. An oil and gas leaseholder, or the person exercising the right to control the conduct of oil and gas operations, as that term is defined in C.R.S. § 34-60-103(6.5), as amended. Optional Premises Cultivation Operation. A person who has been issued a Medical Marijuana Center and/or infused product manufacturing license pursuant to the Colorado Medical Marijuana Code, and who is licensed or seeking licensing to grow or cultivate Medical Marijuana at a Premises for the purpose of supplying its associated licensed center or infused product manufacturer. Manufacturing of Marijuana-infused products and retail sales of Medical Marijuana are expressly prohibited in unincorporated Garfield County, including at an Optional Premises Cultivation Operation. The term “Optional Premises Cultivation Operation” does not apply to the private cultivation of Medical Marijuana by a registered patient or primary caregiver who is growing an amount medically necessary to address a debilitating medical condition as set forth in Section 14(4) of Article XVIII of the Colorado Constitution. Overlay. A geographic area where additional zoning requirements are placed though the underlying zoning is not changed. Overnight Shelter. See “Lodging Facilities.” Parcel. See “Lot.” Park and Ride Facility. A facility where commuters leave their personal vehicles in a parking lot or parking garage and transfer to a bus, rail system, Rapid Transit, light rail or commuter rail, or carpool for the rest of their trip. The vehicle is stored at the facility during the day and retrieved when the commuter returns. Park. Land retained in an open condition for recreational use. Parking Lot or Parking Garage. A structure or a cleared area that is more or less level and is intended for parking vehicles. Usually, the term refers to a dedicated area that has been provided with a durable or semi-durable surface. Peak Hour. A term used in traffic engineering and analysis quantifying that 60-minute period when a segment of road or intersection experiences, or is projected to experience, the highest traffic demand for through and turning movements in an average 24-hour period. Permit. As it pertains to Article 14, a documented authorization for development in areas of State interest or for an activity of State interest. Permit Authority. As it pertains to Article 14, the Board of County Commissioners or its designee. Permitted Site. A parcel of land, generally a portion of a lot, designated for a commercial, industrial, mineral extraction, or highway operation for which a Federal or State permit is issued.  To meet the definition of Permitted Site, such permit must grant the approval of the appropriate State or Federal agency for the commercial, industrial, extraction, or highway activity(ies) and must require the provision of security for the reclamation (including revegetation) of the site.   Permittee. One who has been authorized to perform a certain action or conduct a certain use of land. Person. Any individual, corporation, governmental entity, estate, trust, partnership, association, or other legal entity. Pipeline. Any conduit and appurtenant facilities designed for, or capable of, transporting natural gas, other petroleum derivatives, or other liquid. Pipelines regulated, licensed, or permitted under Federal regulations as interstate transmission lines, CDOT regulations as regulated transmission pipelines, or State regulations as flowlines, shall be exempt from regulation. Place of Worship. A building or location where persons regularly assemble for religious worship, and which building or location is maintained and controlled by a religious body organized to sustain public worship. A Place of Worship use may include Accessory Buildings and uses such as a rectory, school, parish house, or parsonage. Plat. A map with supporting statements of certain described land prepared in accordance with subdivision regulations as an instrument for recording of real estate interests with the County Clerk and Recorder pursuant to C.R.S. § 30-28-101(5), as amended. Practical. Serving a logical and useful purpose as to dealing with natural constraints, costs, benefits, and timeliness. Premises. As it pertains to the regulation of Medical Marijuana, a distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area used exclusively for an Optional Premises Cultivation Operation. Primary Surface. A surface longitudinally centered on a runway with dimensions as specified by FAR Part 77. Principal Use. See “Use, Principal.” Processing. To subject to some special process or treatment as in the course of manufacture; change in the physical state or chemical composition of matter; the second step in utilization of a natural resource. Examples include petroleum refining, oil shale crushing, retorting and refining, ore smelting, coal crushing and cleaning, saw mills, alfalfa pellet mills, food canning or packing, creation of glass, ceramic or plastic materials, gravel crushing, cement manufacture batch plants, refinery, and natural resource upgrade facility. Processing, Temporary. Processing that occurs for less than 8 months. Project or Proposed Project. The planning, design, construction and operation of an activity or other development proposed under this Code throughout its life cycle, including all ancillary structures, facilities, improvements, and activities, and all integrated components thereof, and any proposed land use directly related to such Project if such Project is to be located wholly or partially within the County. Project, Major. A Project located in the County that will employ at any 1 time a total work force of 200 or more employees in the County. Professional Office. An office for professions including, but not limited to, government, physicians, dentists, lawyers, realtors, architects, engineers, artists, musicians, designers, teachers, accountants, and others, who through training are qualified to perform services of a professional nature. This use includes medical and dental clinics. Property. See “Lot.” Public Airport Zone District. The zone district that is comprised of land designated for uses supporting the commercial airport operations in Garfield County and where development is guided by the Airport Master Plan and the Airport Rules and Regulations. Public Building. Any activity that is primarily funded by a government or quasi-governmental agencies, and is of significant benefit to the public and the surrounding area, is not conducted for profit, and provides a commodity or service that could not be provided within a reasonable distance of the surrounding area. Examples include public airports and related facilities, public hospitals and other emergency medical facilities, public meeting halls, public recreation facilities, schools, and major facilities of a public utility. Public Gatherings. Any group of 350 or more persons assembled for an event, meeting, festival, social gathering, or other similar purpose for a period of time which exceeds 8 hours within any 24-hour period. Public Gatherings, Accessory. The assembly of persons for a specific event or occasion that typically does not occur as a common or primary use on the site. Examples include civic theaters, concerts, meeting halls, farmers market, etc. Public Hearing. A meeting called by a public body, for which public notice has been given in compliance with the provisions of this Code, and that is held in a place where the general public may attend, with the principal purpose of receiving testimony or public comment on a specific application or issue. Public Improvement. Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, landscaped open space, off-street parking area, lot improvement, or other facility that benefits the public. Public Lands Zone District. The zone district that includes all land owned by the U.S. Government or the State of Colorado, located in the unincorporated area of the County and not included in any other zone district. Public Meeting. Any meeting open to the public that meets the requirements of C.R.S. § 24-6-401, et seq., as amended. Public Services and Facilities. As it pertains to Article 14, those services and facilities provided by a political subdivision of the State or by a Federal agency. Public Utility. A common carrier supplying electricity, wire telephone service, natural gas, water, wastewater or storm water service, or similar public services. Pure Live Seed. The percentage of seed that has the potential to germinate within a measured 1 pound weight of any seed lot. Rapid Transit. As it pertains to Article 14, the element of a Mass Transit System involving a mechanical conveyance on an exclusive lane or guideway, rail trackage, or monorail facility constructed solely for that purpose. Reach. A term to describe longitudinal segments of a river, creek, or other watercourse. Reasonable. See “Practical.” Recreation, Indoor. A building in which recreational activities such as bowling, roller skating, or ice skating take place and in which offices, retail sales of equipment, and a restaurant/bar may occupy the building. Recreation, Outdoor. An area or facility that offers entertainment, recreation, or games of skill for a fee, where any portion of the activity takes place outside and may include lighted areas for use after dusk. Recreational Vehicle. A vehicular-type unit primarily designed as temporary living quarters for recreational, camping, or travel use that either has its own motive power or is mounted or drawn by another vehicle. The following shall be considered a Recreational Vehicle: Camping trailer or tent trailer. A folding structure constructed of canvas, plastic, or similar water repellent material, designed to be mounted on wheels for travel and recreation; Motorized camper, motor home, recreational conversion van, or bus. A 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; Pick-up camper. 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; Travel trailer. A towed vehicle designed as a temporary dwelling for travel and recreation; and Travel trailer, self-contained. A travel trailer that 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 Collection Center. A center for the acceptance and temporary storage of either recyclable or organic materials to be transferred to a processing or composting facility. Recycling Processing Facility. A facility where recyclable and organic materials are collected and processed. Processing includes, but is not limited to, baling, briquetting, compacting, flattening, crushing, mechanical sorting, shredding, and cleaning. Regulations. As it pertains to Article 14, governing rules for areas and activities of State interest as set forth in this Article 14. Repair. To restore to a sound or good state after decay, injury, etc.; restoration of a damaged object to its original physical shape. Examples include automobile, equipment, and appliance repair. Residential - Manufactured Home Park Zone District. The zone district allows for development where spaces are either sold or leased for placement of Manufactured Homes in a park-like setting, and these homes are used as permanent single-family dwelling units. Residential – Suburban Zone District. The zone district is comprised of low-density suburban residential uses developed to maintain a rural character. Residential – Urban Zone District. The zone district comprised of high-density urban residential uses, including multi-family developments. Resource Lands Zone District. The zone district that includes lands known to contain natural resources or lands that are sensitive to development and are subclassified into the following zones: A. Gentle Slopes and Lower Valley Floor. The subdistrict identified as Gentle Slopes and Lower Valley Floor is defined as the colluvial and alluvial soil at the base of Talus Slopes in the Lower Valley Floor. B. Talus Slopes. The subdistrict identified as Talus Slopes is defined as loose deposits of rock debris accumulated at the base of Talus Slopes in the Lower Valley Floor. C. Escarpment. The subdistrict identified as Escarpment is defined as the fixed bedrock forming vertical or near vertical parts of the canyon walls. D. Plateau. The subdistrict identified as Plateau is defined as the rolling lands of the higher elevation in the Resource Land Zone District, typically found above the Escarpment subdistrict. Restaurant. A commercial establishment designed primarily to serve prepared food to customers. Retail Facility, General. An establishment for the retail sale of merchandise to the general public or the provision of personal services to the public that includes, but is not limited to, an antique shop, art gallery, grocery store, clothing and dry goods store, shoe store, sporting goods store, hardware and paint store, drugstore, florist, furniture store, gift shop, hobby store, office supply store, package liquor, pet store, resale store, electronics store, agricultural products retail outlet, and mechanical and plumbing supply store. Retail Facility, Equipment, Machinery, Building Materials. An establishment for the retailing, renting or leasing of equipment, and machinery and materials stored in an indoor or outdoor lumber yard. Retail Facility, Vehicle and Equipment Sales. An establishment for the retail or leasing of vehicles and equipment. Riding Stables. A defined improved area that may or may not be covered, within which equestrian activities involving horse riding, day camps, therapy, training, practice, exhibition or driving occur. Right-of-Way. The right to pass across property owned by another party. Riparian/Riparian Areas. Related to, living, or located on the bank of a natural watercourse or lake. Riparian areas include groups of plants, animals, and aquatic communities whose presence is either directly or indirectly attributed to water-influenced or water-related factors. Areas exempt from this definition are manmade agricultural structures and devices, including irrigation ditches, sprinklers, and artificial ponds. Road. A County road, State highway, public road, street or alley, or private thoroughfare which affords primary access to abutting property, excluding a driveway accessing a single property. Road, Private. A right-of-way constructed, established, owned, and maintained by a private party for access exclusively to private property. Road, Public. A public right-of-way that either has an historic and established prescription for public passage and use, or a right-of-way that has been established by easement, deed, or plat and dedicated to the use of the public. Road/Street Profiles. A drawing of an existing or proposed vertical section of a road, street, or alley that may include curb, gutter, and sidewalk. It may be a true or exaggerated profile, and may reflect either a centerline and/or both flow lines of a road, street, or alley. Rubbish. Garbage and trash including, but not limited to, unwanted or discarded household items; waste from building construction, remodeling, and repair including used lumber and building materials; tree branches, grass and shrub clippings, leaves, or other general yard and garden waste; newspapers, magazines, packaging materials, waste paper, or cardboard, boxes, crates, and rags; dead animal carcasses; and any other unsightly or discarded material, including scrap metal, scrap material, bottles, and tin cans that cause or is likely to cause a public hazard or nuisance, or is unacceptably offensive in light of community standards of cleanliness or generally accepted neighborhood aesthetics. Runoff. Precipitation that enters downstream waterways or properties. Runway. A defined area on an airport prepared for landing and taking off of aircraft along its length. Runway Protection Zone. An area off the runway end used to enhance the protection of people and property on the ground. The RPZ is trapezoidal in shape and centered about the extended runway centerline. The dimensions are as specified in FAA Advisory Circular 150/5300-13A. Rural Zone District. The Rural Zone District is comprised of the County’s rural residential areas, agricultural resource lands, agricultural production areas, and natural resource areas. Uses, densities, and standards established for this zone district are intended to protect the existing character of the area from uncontrolled and unmitigated residential, commercial, and industrial use. The zone district provides for the use of natural resources, recreational development, rural residential, and other uses. Sales Office, Temporary. An office established temporarily on a property to make the initial sale of real estate products located on the property; may be a model home. Salvage Yard. A building, structure, or parcel of land used for the collecting, storage, dismantling, salvage, recycling, demolition, or sale of material that is unfit for its original intended use, discarded, worn out, dismantled, or deteriorated in such condition that it is not useable, or not safe or fit for human use or habitation. Saw Mill. See “Use, Industrial.” Secondary Impact Area (Airport). The area located between 5,000 and 10,000 feet from an airport runway or between 2,000 and 4,000 feet from a heliport. Service Area. As it pertains to Article 14, the primary geographic area to be served by the Proposed Project. Service Road. As it pertains to Article 14, a street or road meeting County specifications running parallel to a County, State or Federal highway used to provide ingress and egress to a development located adjacent to that highway. Setback. The minimum horizontal distance between the front, rear, or side property line and the front, rear, or side of a structure. Sewage. A combination of liquid wastes that may include chemicals, house wastes, human excreta, animal or vegetable matter in suspension or solution, or other solids in suspension or solution, and that is discharged from a dwelling, building, or other structure. Sewage Treatment Facility. A system or facility for treating Sewage prior to discharge to an absorption area, surface water, or other approved location, for which the system or facility has a design capacity to receive 2,000 gallons of Sewage per day or greater, and is regulated by the CDPHE. The term “Sewage Treatment Facility” includes appurtenances such as interceptors, collection lines, outfall and other sewers, pumping stations, and related equipment. Sheetflow. An overland flow or downslope movement of water taking the form of a thin film over smooth surfaces and not concentrated into pools or channels. Shelter. As it pertains to Article 14, a building or structure designed primarily to provide a waiting area for transit passengers. Shooting Gallery. An enclosed target range for practice or competition with firearms. Sign. Any written or pictorial representation, form, emblem, banner, figure, or similar character that has all of the following characteristics: Is a structure or part thereof; Is written, printed, projected, painted, constructed, or otherwise placed or displayed upon or designed into a building canopy, awning, or vehicle; Is designed to attract attention and used as a means of identification or advertisement; and Is not the American flag. Sign Area. The sum area of the surface of each plane, regardless of the shape, within the outermost edge or border of the plane of a sign. The computation of freestanding letters not attached to a surface or plane shall be made by determining the area enclosed within the smallest geometric figure needed to completely encompass all of the letters, words, insignias, or symbols. Sign, Business. A sign that identifies and directs attention to the business, service or profession, or activities conducted. Sign, Construction. A temporary sign identifying a Subdivision, development, or property improvement by builder, contractor, or other person furnishing materials, labor, or services to the premises. Sign Face. The surface of a sign upon, against, or through which the message is displayed or illustrated. Sign, Identification. Signs that include name plates, signs, or symbols establishing the identity of a building; combination of name and street addresses; landmark or natural features; and plaques that are an integral part of the structure. Sign, Ideological. A sign expressing philosophical concepts, including religious and political signs. Sign, Joint Identification. A sign that serves a common or collective identification for 2 of more businesses or industrial uses. Sign, Real Estate. A sign indicating the availability for sale, rent, or lease of a specific lot or building. Sign, Freestanding. A sign, not attached to a building, that is supported by 1 or more columns, uprights, or poles extended from the ground or from an object on the ground, or a sign that is erected on the ground. Sign, Ground. A type of freestanding sign that is erected on the ground and that contains no unrestricted or open space between the ground and the top of the sign. Sign, Portable. Any sign not permanently attached to the ground or to any structure. Sign, Projecting. A sign attached to a building and extending in whole or in part horizontally beyond the surface of the building to which the sign is attached. Sign, Roof. Any sign erected upon, against, or directly above a roof. Sign, Suspended. A sign suspended from the ceiling of an arcade, marquee, or canopy. Sign, Temporary. Any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only. Sign, Wall. A sign displayed upon or against the wall of a building where the exposed face of the sign is in the plane parallel to the lane of the wall Significant Bird Strike Hazards (Airport). As it pertains to Article 14, it relates to bird strike hazards. “Significant” means a level of increased flight activity by birds across an Approach Surface or Runway that is more than incidental or occasional, considering the existing ambient level of flight activity by birds in the vicinity. Significant. Deserving to be considered; important; notable, and not trifling. Significantly Degrade. To lower in grade or desirability to a significant, as opposed to a trifling, degree. Single-Family Equivalent. Measurement used to compare water usage of various land uses; 1 Single-Family Equivalent equals 350 gallons of water per day, regardless of the type of use. Site. See “Lot.” Site Selection, Airport or Heliport. As it pertains to Article 14, the process for determining the location of airports or heliports, or the substantial expansion or relocation of an existing airport or heliport, by a recognized and bonafide agency or authority, the County, the State, or the Federal government or any subdivision of each. Site Selection, Rapid or Mass Transit Facility. As it pertains to Article 14, the process for determining the location of Rapid or Mass Transit Facilities or the substantial expansion or relocation of an existing facility, by a recognized and bonafide Mass Transit agency or authority, the County, the State, or the Federal government, or any subdivision of each, or any private entity or person. Site Specific Development Plan. The approved plan that has been submitted to the County to establish a vested right pursuant to C.R.S. Title 24, Part 1 of Article 68, as amended, and set forth in Article 1. Slope. Rise versus run ratio for a specified distance. Small Temporary Housing Facility. See “Temporary Housing Facility, Small.” Solar Access. The state of being able to receive sunlight across real property. Solar Energy System, Accessory. A device and/or system that has a combined name plate DC rating of less than 15 kilowatt and includes the equivalent kilowatt measurement of energy for systems other than photovoltaic that converts the sun’s radiant energy into thermal, chemical, mechanical, or electric energy. Solar Energy System, Small. A device and/or system that has a combined name plate DC rating of 15 kilowatt to 500 kilowatt and includes the equivalent kilowatt measurement of energy for systems other that photovoltaic that converts the sun’s radiant energy into thermal, chemical, mechanical, or electrical energy. Solar Energy System, Large. A device and/or system that has a combined name plate DC rating of greater than 500 kilowatt and includes the equivalent kilowatt measurement of energy for systems other than photovoltaic that converts the sun's radiant energy into thermal, chemical, mechanical, or electric energy. Solid Waste. Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial operations, commercial operations, or community activities. Solid Waste does not include any solid or dissolved materials in domestic sewage, agricultural wastes, solid, or dissolved materials in irrigation return flows, or industrial discharges that are point sources subject to permits under the provisions of the Colorado Water Quality Control Act, C.R.S., Title 25, Article 8, as amended, or materials handled at facilities licensed pursuant to the provisions on Radiation Control Act, C.R.S., Title 25, Article 11, as amended. Solid Waste does not include: (a) materials handled at facilities licensed pursuant to the provisions on radiation control in C.R.S., Title 25, Article 11, as amended; (b) excluded scrap metal that is being recycled; or (c) shredded circuit boards that are being recycled. Solid Waste Disposal. The storage, treatment, utilization, processing, or final disposal of Solid Wastes. Solid Waste Disposal Site and Facility. The location and/or facility at which the deposit and final treatment of Solid Wastes occur. Solid Waste Transfer Facility. A facility at which wastes awaiting transportation to a Solid Waste Disposal Site and Facility are transferred from 1 collection vehicle to another. Special Districts. Quasi-municipal corporations established under State statute to provide public facilities or services. Statement of Authority. An instrument executed on behalf of an entity that identifies the name and position of the person authorized to convey, encumber, or otherwise affect title to real property on behalf of the entity.  The instrument must comply with the requirements set forth in C.R.S. § 38-30-172(2)(d), as amended, and it must be recorded with the Garfield County Clerk and Recorder.  The County may accept other documentation identified in C.R.S. § 38-30-172, as amended, in lieu of a Statement of Authority.  Station or Terminal. As it pertains to Article 14, a facility constructed to provide and facilitate passenger access to and from airplanes or a Rapid or Mass Transit System, including areas necessary for vehicle operations, parking areas for commuters, and roadways connecting to the general road and street system of Garfield County. Dedicated Park-and-Ride Facilities with 50 or more parking spaces shall be deemed Stations or Terminals for the purposes of this Code, with or without a shelter facility. Shelters alone, or as part of traditional bus stops and pull-outs lacking 50 dedicated spaces, are not considered Stations or Terminals for the purposes of this Code. Start of Construction. Includes substantial improvement and means the date the building permit was issued, provided the actual Start of Construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a Manufactured Home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of Accessory Buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual Start of Construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, regardless if that alteration affects the external dimensions of the building. Storage. An area used for storing machinery, equipment, minerals or other products that may have accessory uses such as an office used for administrative or security purposes. Storage may include a laydown yard as generally associated with oil and gas operations. Storage, Cold Storage Plants. The storage of goods in an artificially cooled place for preservation. Storage, Hazardous Materials. The act of storing hazardous waste that requires a special State or Federal permit. Storage, Mini. Self-storage facilities composed of real estate with buildings divided into self-storage spaces that are rented to rental space tenants on a monthly basis for the purpose of storing tenant property only. Street. See “Road.” Structure. A combination of materials forming an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. A walled and roofed building, including a gas or liquid storage tank, which is principally above ground, as well as a Manufactured Home. As it pertains to the Airport/Heliport Influence Area Overlay and Article 14, any constructed or erected object that requires location on the ground or is attached to something located on the ground. Structures include, but are not limited to, buildings, decks, fences, signs, towers, cranes, flagpoles, antennas, smokestacks, earth formations, and overhead transmission lines. Structures do not include paved areas. Structure, Accessory. A subordinate structure such as a fence, hedge, or wall, located on the same lot as the principal structure, the use of which is incidental to the principal use. Subdivision or Subdivided Land. A parcel of land in unincorporated Garfield County that is divided into 2 or more lots, tracts, sites, parcels, separate interests, interests in common, or other division, unless exempted by C.R.S. § 30-28-110, as amended. The terms “Subdivision” and “Subdivided Land,” above, shall not apply to any division of land that creates parcels of land each of which comprises 35 or more acres of land and none of which is intended for use by multiple owners. Unless the method of disposition is adopted for the purpose of evading the Code, the terms “Subdivision” and “Subdivided Land,” as defined above, shall not apply to the following divisions of land: Division of land that creates parcels of land such that the land area of each of the parcels, when divided by the number of interests in any such parcel, results in 35 or more acres per interest. Division of land that could be created by any court in this State pursuant to the law of eminent domain, or by operation of law, or by order of any court in this State if the Board of County Commissioners is given timely notice of any such pending action by the court and given opportunity to join as a party in interest in such proceeding for the purpose of raising the issue of evasion of this Code prior to entry of the court order; and, if the BOCC does not file an appropriate pleading within 20 days after receipt of such notice by the court, then such action may proceed before the court. Division of land that is created by a lien, mortgage, deed of trust, or any other security instrument. Division of land that is created by a security or unit of interest in any investment trust regulated under the laws of this State or any other interest in an investment entity. Division of land that creates cemetery lots. Division of land that creates an interest in oil, gas, minerals, or water that is severed from the surface ownership of real property. Division of land that is created by the acquisition of an interest in land in the name of a husband and wife, or other persons in joint tenancy, or as tenants in common, and any such interest shall be deemed for purposes of this Code as only 1 interest. Division of land that is created by the combination of contiguous parcels of land into 1 larger parcel. If the resulting parcel is less than 35 acres in land area, only 1 interest in said land shall be allowed. If the resulting parcel is greater than 35 acres in land area, such land area, divided by the number of interests in the resulting parcel, must result in 35 or more acres per interest. Easements and rights-of-way shall not be considered interests for purposes of this subparagraph 8. Division of land that creates a Cluster Development pursuant to C.R.S. § 30-28-401, as amended. Subdivider. Any person, firm, partnership, joint venture, association, or corporation participating as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale, or lease of a Subdivision. Subdivision Improvement Agreement. See “Improvements Agreement.” Subject Parcel. The property that is legally described in the County Clerk and Recorder’s Office on which the Project is located. Subject Site. The specific area within the Subject Parcel that is subject to a land use change permit. Substantial Change. Any amendment determined by the Director to be a significant departure from the original development application or permit, or if the request is to change a specific condition of approval required by the BOCC. Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to the condition before damage would equal or exceed 50% of the market value of the structure before the damage occurred. Substantial Improvement. Any repair, reconstruction, or improvement of a building or other structure, the market value of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. The term “Substantial Improvement” does not include: any improvement of a structure to comply with existing State or local health, sanitation, safety, or building code specifications that are solely necessary to assure safe living conditions; and any alteration of a structure listed on the National Register of Historic Places or on the Colorado State Historical Society’s list of historic places. Substantial Modification, Structural. A change that significantly alters the impacts and/or character of a structure, Development, or activity. Substantial Noise Reduction. A reduction in at least 5 dBA for the intended recipients of the Project and/or to reduce the fluctuation in sound for the recipients well below a 30 dBA fluctuation in Ambient Noise. Substation, Neighborhood. Any facility used for the purpose of reducing voltages to levels of less than 69 kilovolts for distribution to individual users. Substation, Utility. Any facility designed to provide switching, voltage transformation, or voltage control required for the transmission of electricity 69 kilovolts or greater. Survey Monument. Iron, brass, or aluminum shaft a minimum of ½ inch in diameter with a 24-inch minimum length set in concrete at least 5 inches in diameter and located in the ground at all points on streets, alleys, or boundary lines where there is a change in direction or curvatures. Telecommunication Facility. A noninhabitable structure supporting antennas and microwave dishes that sends and/or receives radio frequency signals, including television and date impulses through space by means of electromagnetic waves. Telecommunication Facilities include structures or towers, and Accessory Buildings. Individual/personal direct-to-home satellite services are not included in the definition of Telecommunication Facility. Temporary. For a duration of 1 year or less. Temporary Employee Housing Facility(ies). During times of housing shortage or in remote locations, the use of Factory Built Nonresidential Structures (as defined under C.R.S. § 24-32-3301, as amended, and Resolution No. 35 of the Colorado State Housing Board) utilized for a period of time not longer than 1 year or as otherwise specified, for workers who are engaged in commercial, industrial, mineral extraction, or highway operations and who are needed to support the proper execution and safety of the related operations. Temporary Employee Housing shall not include Recreational Vehicles, except in Small Temporary Housing Facilities. Temporary Housing Facilities, Major. Major Temporary Employee Housing Facilities, also referred to as “Major Facilities,” shall have at least 1 of the following basic characteristics: Major Facilities or any associated infrastructure (including ISDS) that are not completely contained within a State- or Federally-regulated parcel (such as a Colorado Oil and Gas Conservation Commission (COGCC)-approved oil/gas well pad) in which reclamation and revegetation standards are guaranteed by contract with the permitting agency; Are contained in Factory-Built Nonresidential Structures (as defined under C.R.S. § 24-32-3302(9), as amended); Are for projects within Garfield County related to commercial, industrial, mineral extraction, or highway operations of substantial size in any zone district; The Major Facilities are temporary in nature though allowed to be located at the Permitted Site for more than 1 year; and The Major Facility has occupancy of 25 people or more who are employees, contractors, or subcontractors of the operator of the Major Facility and are supporting proper execution and safety of the related commercial, industrial, extraction, or highway operations. Temporary Housing Facilities, Minor. Minor Temporary Housing Facilities, also referred to as “Minor Facilities,” shall have all of the following basic characteristics: The Minor Facility and any associated infrastructure must be completely contained within a State- or Federally-permitted parcel (i.e. COGCC-approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); Are Factory-Built Nonresidential Structures (as defined under C.R.S. § 24-32-3302(a), as amended); Are for projects related to commercial, industrial and mineral extraction operations; The Minor Facility is temporary in nature and located at the Permitted Site for less than 1 year, and may be granted up to 2 one-year extensions; and The Minor Facility shall have occupancy of 9 to 24 people who are employees, contractors, or subcontractors of the operator and are supporting the proper execution and safety of the related commercial, industrial, extraction, or highway operations. Temporary Housing Facilities, Small. Small Temporary Housing Facilities, also referred to as “Small Facilities,” shall have all of the following basic characteristics: The Small Facility and any associated infrastructure must be completely contained within a State- or Federally-permitted parcel (such as a COGCC-approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); Are Factory- Built Nonresidential Structures (as defined under C.R.S. § 24-32-3302(a), as amended) and Recreational Vehicles (as defined under C.R.S. § 42-1-102 (61), as amended, including truck, truck tractor, motor home, or Camper Trailer); Are utilized for housing of workers on projects related to commercial, industrial, mineral extraction, or highway operations; The Small Facility is located at the Permitted Site for less than 1 year and at the end of the utilization period, all structures, foundations, and associated infrastructure shall be completely removed; and The Small Facility shall have an occupancy of 8 or fewer people who are employees, contractors, or subcontractors of the operator of the small facility and are needed for on-site safety of the related commercial, industrial, extraction, or highway operation. Temporary Employee Housing Operator or Operator. The individual or entity that is the permitee under the State or Federal permit for the Permitted Site and is, therefore, legally responsible for installation, hook-up, operation, and removal of Factory Built Nonresidential Structures (as defined under C.R.S. § 24-32-3301, as amended, and Resolution No. 35 of the Colorado State Housing Board) and/or Recreational Vehicles and all associated infrastructure used in a Small, Minor, or Major Temporary Employee Housing Facility. Terminal. See “Station or Terminal.” Theatre, Indoor. A building, part of a building for housing dramatic presentations, stage entertainments, or motion-picture shows. Townhome. See “Dwelling, Multi-Unit.” Tract. See “Lot.” Trail. A linear pathway used for recreational, transportation, and pedestrian connectivity of land. Trailhead. An area set aside with parking and staging areas for transition from vehicular use to use of a trail. Trailheads include, but are not limited, to parking areas, corrals for horses and stock, parking for trailered vehicles such as snowmobiles and ATV’s, restroom facilities, or space for portable toilets where appropriate and as may be seasonal, interpretive and informational signage, trash collection bins, and other appropriate structures. Transfer Station. A facility for the temporary deposition of some wastes. Transfer Stations are often used as places where local waste collection vehicles will deposit their waste cargo prior to loading into larger vehicles. These larger vehicles will transport the waste to the end point of disposal or treatment. Transient Aircraft. Fixed or rotary-wing aircraft that do not use the airport or heliport landing strip or helistop as a home base. Transitional Surface. Those surfaces that extend upward and outward at 90-degree angles to the Runway centerline and the Runway centerline extended at a slope of 7 feet horizontally for each foot vertically from the sides of the Primary and Approach Surfaces to the point of intersection with the Horizontal and Conical Surfaces. Transitional Surfaces for those portions of the precision Approach Surfaces that project through and beyond the limits of the Conical Surface, extend a distance of 5,000 feet measured horizontally from the edge of the Approach Surface, and at a 90-degree angle to the extended runway centerline. Transitional Housing. See “Group Home Facility.” Transportation Corridor. As it pertains to Article 14, any County or municipal street or road, any State or Federal highway, and any railroad operating as a common carrier. Trip Generation. The measurement of vehicle usage to and from a destination created by a specific land use. Typical and Ordinary High Water Mark (TOHWM). The point on the bank or shore of a Waterbody up to which the presence and action of the water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation, or other easily recognized characteristic. Water marks are often at various elevations, but the most permanent and prevalent marks constitute the TOHWM. The TOHWM does not change with temporary fluctuations in water levels, nor is it always at or near open water, as is the case with cattail marshes, bogs, and wetlands. In the event that a Waterbody holds water for 10 or more months per year and does not display notable signs of a TOHWM, the TOHWM shall be measured from the center of the Waterbody course. Unsafe Structure. A structure or building that, in the determination of the Director, is: In a condition presenting a substantial danger or hazard to public health, safety, or welfare; and/or Is a dilapidated building which is unused by the owner or uninhabited because of deterioration or decay, and constitutes a fire hazard or subjects adjoining properties to a danger of damage by storm, soil erosion, or rodent infestation, or is a place frequented by trespassers and transients seeking a temporary shelter or hideout. Urban Growth Area. A boundary line portrayed on a map and drawn around a municipality within which a city expects to accommodate future urban growth, certified to the County by the governing body of the municipality. It is expected that land within Urban Growth Areas will be developed in an urban pattern, urban services will be provided by the municipalities, and the area will eventually be annexed, based upon a maximum 20-year growth period. Use. The purpose or activity for which a parcel of land, a building, or structure is designed, arranged, or intended, or for which it is occupied or maintained. Use, Accessory. A use that is customarily supportive, secondary, and subordinate to a principal use on the same parcel. Use, Commercial. Any use or activity primarily devoted to business, such as the purchase, sale, lease or exchange of goods, and/or the provision of services. Use, Industrial. Uses engaged in processing or manufacturing of materials from either extracted or raw materials or from previously prepared materials resulting in a new product designed for wholesale or retail sale. Use, Principal. The primary purpose or function for which a parcel or structure is used, which may include multiple uses. Utilities. Water, sewer, gas, electric power, telephone, and cable television. Utility Distribution Facility. Any gas or electric line other than gas gathering, transmission lines, or electrical transmission lines as defined herein (utilized for the local distribution of gas or electric service), telephone or telegraph line, cable television line, water line, sewer line, or neighborhood substations. Utility Storage Area. See “Storage.” Vehicle and Equipment, Sales. The retail or wholesale of vehicles or equipment on a property or lot that have been registered with the State. Vehicle Repair, Body/Paint, or Upholstery Shop. See “Repair.” Vehicle Safety Area, Small. An area outside of the public right-of-way 4 acres or less in size utilized for vehicle preparation in the event of inclement weather. The area may be used for the application of snow-chains/mud-chains, equipment inspections, and other vehicle safety related activities. Vehicle Safety Area, Large. An area outside of the public right-of-way greater than 4 acres in size utilized for vehicle preparation in the event of inclement weather. The area may be used for the application of snow-chains/mud-chains, equipment inspections, and other vehicle safety related activities. Vested Property Right. The right to undertake and complete the development and use of property under the terms and conditions of a County-approved site specific development plan, as defined in C.R.S. § 24-68-102(5), as amended, and set forth in Article 1, General Administration. Veterinary Clinic. A building used for the purpose of medical and surgical treatment of animals, in which veterinary medicine is being practiced by or under the direct supervision of a licensed veterinarian. Warehouse and Distribution Center. A building used primarily for the inside storage and distribution of goods and materials, which includes land and buildings used as a relay station for the transfer of goods from 1 vehicle or party to another, and the parking and storage of tractor and/or other trailer units. Waterbody. Accumulations of water such as water reservoirs, lakes, ponds, and Wetlands, as well as rivers, streams, and other geological features where water moves from 1 place to another at least 10 months per year. Irrigation ditches used for the sole purpose of agriculture or water impoundments shall not be construed as a Waterbody. Water Impoundment. Surface storage and water tank storage shall be considered water impoundment including wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds, water tanks and similar water storage and/or treatment facilities. Also included, but not limited to, is produced water and condensate impoundments, surface or tank, as the terms are used by the oil and gas industry. Water Reservoir. A natural or artificial place where water is collected and stored for use, especially water for supplying a community, irrigating land, and furnishing power. Water Supply Entity. A municipality, county, special district, water conservancy district, water conservation district, water authority, or other public or private water supply company that supplies, distributes, or otherwise provides water at retail, as provided in C.R.S. § 29-20-302(2), as amended. Water Tank or Treatment Facility. A facility exceeding 50,000 gallons or more for purifying, supplying, and holding water. Waters of the State. Waters within the State of Colorado that are subject to various regulatory programs and other laws via state statute. Weeds and Brush. Any underbrush, brush, shrub, or plant material greater than 12 inches in height that ordinarily grows without cultivation, not in planting beds or otherwise in a controlled manner, and not for the purpose of food production. Wetland. An ecosystem that depends on constant or recurrent, shallow inundation, or saturation at or near the surface of the substrate. The minimum essential characteristics of a Wetland are recurrent, sustained inundation or saturation at or near the surface, and the presence of physical, chemical, and biological features reflective of recurrent, sustained inundation or saturation. Common diagnostic features of Wetlands are hydric soils and hydrophytic vegetation. These features will be present except where specific physicochemical, biotic, or anthropogenic factors have removed them or prevented their development. Wildfire Hazards Map. The official map of wildfire hazards in Garfield County adopted by the BOCC. Wildlife. Native or introduced wild vertebrates. Wildlife Habitat. That natural or manmade environment that contains the elements of food, shelter, water, and space in a combination and quantity necessary for the survival of 1 or more wildlife species. Wind Energy System. Equipment that converts and then stores or transfers energy from the wind into usable forms of energy. Wind Energy System, Commercial. A Wind Energy System that is operated primarily (51% or more) to put energy into the electric grid, has a nameplate capacity of more than 100 kilowatts, a total height of more than 175 feet, and/or a blade length of more than 30 feet. Wind Energy System, Small. A Wind Energy System that is used to generate electricity; has a nameplate capacity of 100 kilowatts or less; and/or has a total height of 175 feet or less. Xeriscape. Landscaping and gardening in ways that reduce or eliminate the need for supplemental water from irrigation. Yard. The area between a property line and the required setback. Zone District. A geographical area that allows certain permitted uses and can separate one set of land uses from another.