HomeMy WebLinkAboutExhibit G - Article 16 - AirportARTICLE XVI
GARFIELD COUNTY, COLORADO Article 16: Definitions Airport Specific Recommendations ULUR 2008
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-i ARTICLE 16 DEFINITIONS TABLE OF CONTENTS Section 16-101. Acronoyms. ..............................................................
................................ 1 Section 16-102. Definition of Words and Phrases. ........................................................... 2
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-ii (This Page Left Blank Intentionally)
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-1 SECTION 16-101. 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 BOCC Board of County Commissioners CB Commercial, Business CCIOA Colorado Common Interest Ownership Act CCRs Covenants, Conditionas 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 Colorado 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) Decibel dBA A-Weighted Decibel
DNDP Density Neutral Development Plan EMF Electromagnetic Field F Farenheit 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
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-2 LPG Liquified Petroleum Gas MUTCD Manual on Uniform Traffic Control Devices NPDES National Pollutant and Discharge
Elimination System NRCS National Resource Conservation Service PA Public Airport PL Public Lands PSI Pounds per Square Inch PUD Planned Unit Development R Rural RLE Resource Lands, Escarpment
RLGS Resource Lands, Gentle Slope RLP Resource Lands, Plateau RLT Resource Lands, Talus RMHP Residential, Manufactured Home Park ROW Right-of-Way RPZ Runway Protection Zone RS Residential,
Suburban RU Residential, Urban SFE Single-Family Equivalent 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 USDA-APHIS United States Department of Agriculture Animal and Plant Health Inspection Services
USFWS United States Fish and Wildlife Service SECTION 16-102. DEFINITION OF WORDS AND PHRASES. For the purposes of this Code, the following words and phrases are defined as follows.
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. Water quality shall be demonstrated by complying with the CDPHE’s drinking water standards for all Development permits requiring a water demand of 14 SFE or greater.
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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-3 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. Administrative 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 farming, dairying, pasturage, aquaculture, horticulture, floriculture, viticulture, nursery, and animal
and poultry husbandry, and the necessary Accessory Uses for harvesting, packing, treating, or storing the produce, 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 Operations, Accessory Use. See “Use, Accessory.” 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 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 Distribution. Any land
used to receive, sort, and distribute agricultural products grown and processed on another property. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-4 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 privately owned facility that accommodates no more than 4 aircraft at any one time, is restricted
to use by aircraft and helicopters belonging to the owner(s) and their invitees, and is used by aircraft of airport reference code A-I, A-II, B-I, or B-II., excluding facilities for
the exlusive use by ultralight aircraft. Aircraft, Ultralight. Aircraft defined as ultralight vehicles by 14CFR Part 103 as follows: A. Is used or intended to be used for manned operation
in the air by a single occupant; B. Is used or intended to be used for recreation or sport purposes only; C. Does not have any U.S. or foreign airworthiness certificate; and D. If unpowered,
weighs less than 155 pounds; or E. If powered: (1) Weighs less than 254 pounds empty weight, excluding floats and safety devices which are intended for deployment in a potentially catastrophic
situation; (2) Has a fuel capacity not exceeding 5 U.S. gallons; (3) Is not capable of more than 55 knots calibrated airspeed at full power in level flight; and (4) Has a power-off stall
speed which does not exceed 24 knots calibrated airspeed. 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. Airports are limited to those
facilities not defined as Aircraft Landing Strips, that accommodate 5 or more aircraft or helicopters (including aircraft or helicopters located on adjoining property that use the facility
for takeoff and landing), aremay be used by individuals others than an owner(s) and their invitees, and that are not for the exclusive use by ultralight aircraft. Airport Elevation.
The highest point of an airport’s usable runway, measured in feet above mean sea level. 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. A. Primary Surface. A surface longitudinally centered on a runway with dimensions as specified by FAR Part 77.
B. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-5 C. 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.” D. 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. E. 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. F. 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. A. 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.” B. 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 150/5300-13. Airport Rules and Regulations. The rules, regulations, and minimum standards for aeronautical activities, as amended,
restated, and adopted by the BOCC.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-6 Airport Sponsor. The owner, manager, or other person or entity designated to represent the interests of an airport.
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 wings. 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. 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 under this title. 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 Applicant may propose an entity other than the GCHA to administer the management of Deed Restrictions in the approved affordable housing
plan. The County will maintain a list of AAHEs in the Director’s office. Appurtenances. The visible, functional, or ornamental objects accessory to and part of a building. Archeological
Resource, Cultural Resource, or Historical Resource. Those 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 sheet flow.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-7 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. Auditorium. See “Community Meeting Facility.” Average 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, Commercial. A commercial establishment, 5,000 square
feet or greater in floor area, for the production of baked goods, primarily for sale to other commercial establishments. Bakery, Small. A commercial establishment, under 5,000 square
feet in floor area, for the production of baked goods, primarily for sale. 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. Bed and Breakfast. See “Lodging.” 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 of County Commissioners. The Board of County Commissioners of Garfield County, as described in Section 1-301. Boarding House. See
“Lodging Establishment.” 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
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-8 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. Bulk. The total volume of the structure, found by multiplying the square footage
by the height. 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. A land parcel in single ownership that has been developed for occupancy by guest-owned tents and Recreational Vehicles 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. A facility of this type may be able to accommodate more than 1 vehicle at the same time. 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.”
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-9 Central Water System. A public water system that serves more than 1 service connection used by year-round residents.
Change in Land Use. See “Land Use Change.” Child Care Center. A facility, 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. Chief Building Official. See “Building Official.” 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 Marijana Code. C.R.S. § 12-43.3-101, et seq. and
any regulations promulgated thereunder. 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. A. 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. B. 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. C. 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
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-10 would include, but are not limited to, golf courses, water ski lakes, horse riding facilities, or similar uses.
D. 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. Some elements affecting compatibility include height, scale, mass, and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation,
access, and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor, and architecture. Compatibility does not mean “the same
as.” Rather, compatibility refers to the sensitivity of Development proposals in maintaining the character of existing Development. Comprehensive Plan. The master 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. Compressor, Booster. Booster
Compressors typically consist of a single compressor unit located on an existing well pad and are generally skid-mounted. Multi-well pads may require additional Booster Compressor units.
Booster Compressors are commonly used to create the same gas velocity that existed earlier in the life of the well or for a new well. Confined Animal Feeding Operations. Any animal feeding
operation where animals are fed at the place of confinement, and crop or forage growth in production is not sustained in the area of confinement. Condominium Ownership. 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.”
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-11 Contiguous Land. 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 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 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. Correction Plat. A rerecording of a previously approved Plat that is intended to correct
minor surveying, drafting, or wording errors in the Plat. 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. To approximate the range of frequencies of sound
most audible to the human ear, an “A-weighting” factor is applied. Sound levels are usually reported in A-weighted decibels, abbreviated dBA. Decision-Making Body. The Decision-Making
Body may be the BOCC, 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. Deed Restriction. A limitation on the use or sale of the property written in the deed.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-12 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, -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.
Distribution System. Network of pipes and conduits through which a utility company product is piped to the public for consumption. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-13 Dwelling Unit, Multi. A dwelling containing 3 or more dwelling units, not including hotels, motels, fraternity and
sorority houses, and similar group accommodations. Dwelling Unit, Single. 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, Two. 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. Means 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-14 Excavation, More Than 100 Cubic Yards. 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 equipment, vehicles, and wholesale
and retail goods from processed materials, wood, and metal working operations. 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 by structures, fences, pens, corrals, or other enclosures for cattle, swine, sheep, poultry, fur-bearing
animals, or other livestock for the primary purpose of providing for the ultimate sale of products from the animals or the animals themselves. Educational agricultural projects are excepted
from this use. 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. 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. Fish Farms are exclusive of recreational fishing operations. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-15 Flood Fringe. That 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. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-16 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.
Garfield County Based Employer. An employer or business having a business office, store, or facility located in Garfield County at which an employee reports to work or from which the
employee is compensated regardless if the work is performed in Garfield County. 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 building contractor, electrical contractor, and plumbing contractor.
B. An establishment for trade services offered by blacksmiths and other trades fitting in this group. 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. A. 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
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-17 is otherwise hazardous to such landing or taking-off of aircraft. B. 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. A. Avalanche. A mass of snow or ice and
other material that may become incorporated therein as such mass moves rapidly down a slope. B. 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. C. 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. D. 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. E. 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 (Structure Height). The distance, measured vertically,
from the average undisturbed or natural ground grade horizontal plane of a structure 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 not defined as a helistop. . The use may include
all necessary passenger and cargo facilities, fueling, and emergency service facilities. Helistop. A privately owned facility that accommodates use by no more than 4 helicopters at any
one time and is restricted to use by helicopters belonging to the owner(s) and their invitees..s it pertains to Article 14, a minimally-developed heliport for landing and discharging
passengers or cargo not intended for refueling or maintaining itinerant helicopters.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-18 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. Historic District. An area related by historical events or themes by visual continuity or character, or by some other special feature that helps give it a unique historical
identity. Such area may be designated a Historic District by local, State, or Federal government and given official status and protection. Historical Resource. See “Archeological Resource.”
Historic Site. A structure or place of historical significance. Such structure or place may be designated a Historic Site by local, State, or Federal government and given official status
and protection. 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. An Optional Premises Cultivation Operation may not be operated as a Home Office/Business. 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.
Hydraulic 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-19 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. 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 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. 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. Itinerant Aircraft. As it pertains to Article 14, shall mean and include any aircraft
using the airport, the operator of which has not entered into a lease agreement or other special agreement for a period of less than 30 days. Intraneighborhood Connections. Roads, trails,
paths, or sidewalks that facilitate pedestrian and vehicular traffic within the same neighborhood. Interneighborhood Connections. Roads, trails, paths, or sidewalks that facilitate pedestrian
and vehicular traffic between neighborhoods. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-20 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. 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 which 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-21 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. Local Agency Applicant as defined by the CDOT is 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. A Local Agency Applicant will only be involved
in the permitting process where 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
Facilities. Lodging establishments exclude seasonal employee housing on premises, or contracted employee housing off premises. Lodging establishments exclude the seasonal rental of homes,
lock-outs, or portions of homes, whether managed by a lodging management agency or not, consisting of 2 or less independent lodging units. A. Minor Lodging Establishment. A facility
catering to a maximum of 10 guests. On-site recreational amenities are permitted as an Accessory Use for the exclusive use of guests and staff. Recreational amenities offered to the
general public are considered “Outdoor Recreation, Commercial.” B. Major Lodging Establishment. A facility catering to more than 10 guests or having more than 5 bedrooms. On-site recreational
amenities are permitted as an Accessory Use for the exclusive use of guests and staff. Recreational amenities offered to the general public are considered “Outdoor Recreation, Commercial.”
Lot. Any legally created parcel of land including, but not limited to, lots on a legally recorded Plat. Contiguous lots are not automatically merged based on ownership. 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, structures, parking and drives, or any other
impervious surface. Lot coverage does not include permeable areas such as driveways, parking, or walkways. Cantilever construction shall not be counted as lot coverage so long as the
area beneath the cantilever construction is at least 8 feet above ground. Lot Double Frontage. Lots that front on 1 public street with a Side or a Rear Lot Line fronting another public
street. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-22 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). 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 nonelevation design requirement of
Section 60.3 of the National Flood Insurance Program regulations. Machine Shop. See “Fabrication.” Major Project. 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. 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, are located in compliance with the provisions of this Code. 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 housing that meets all other regulatory requirements for subdivision under this Code and standards for siting of manufactured housing.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-23 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 Marjiuna. 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 debilitation medical condition
that was previously diagnosed by a physician and has properly obtained a registry card from the Colorado Department of Public Health & 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-24 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:A. Avoiding an impact by not taking a certain action or parts of an action; B. Minimizing impacts by limiting the degree or magnitude of the action
or its implementation; C. Rectifying the impact by repairing, rehabilitating, or restoring the impact area, facility, or service; D. Reducing or eliminating the impact over time by preservation
and maintenance operations; and/or E. Compensating for the impact by replacing or providing suitable biological and physical conditions and by replacing or providing suitable services
and facilities. Model Home. A dwelling temporarily used as a sales office or demonstration home for a residential development under construction, said dwelling being used as an example
of a product offered for sale. The dwelling may be furnished but not occupied as a residence while being used as a “model 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
Freight Depot. A property on which commercial and industrial products are transferred from 1 commercial truck to another, or where products are delivered for transport to another location
via a commercial truck. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-25 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 with a property owner’s organization or
required covenants, and it may contain a diverse mix of housing types and residents that share mutual concerns and amenities. 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 (4 pounds per square foot minimum density) 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. As it pertains to Article 14, tThe 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. Nondomestic Animals. The location for commercial dealers, breeders, exhibitors, transporters, or researchers of any and all species listed by the Colorado Division of Wildlife
as nondomestic. 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. An Optional Premises Cultivation Operation may not be operated as a Commercial Nursery/Greenhouse. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-26 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 that occurs on an approved COGCC site. 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. Treated water output from the system may be utilized in downhole drilling operations on the subject parcel. Any surface use such as dust mitigations,
soils compaction, etc. shall be appropriately permitted via local land use authorities and/or CDPHE, as applicable. 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 addresses
a debilitating medical condition as set forth in Section 14(4) of Article XVIII of the Colorado Constitution. Overnight Shelter. See “Lodging Facilities.” 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. Parks, Public. Land or water retained in an open condition for public recreational
use that may be improved. Parks, Private. Land retained in an open condition for recreational use as defined herein, designed and maintained to meet the needs of the residents of a defined
area and/or a defined
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-27 membership, where general public access is denied or only offered on a limited basis. Ownership and maintenance
is assumed by a property owner and/or membership association. Parcel. See “Lot.” 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 permit for development in areas of State interest or for an activity of State interest. Permit Authority. As it pertains
to Article 14, the BOCC 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. Person. Any individual, corporation,
governmental entity, estate, trust, partnership, association, or other legal entity. Personal Services Facility. An establishment that provides services to the general public. 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 Place of Worship and assembly where persons regularly assemble for religious worship, and which building 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. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-28 Preserve. A dedicated area of land delineated and set aside with specific management objectives to retain and enhance
management values for the preservation of flora and fauna. A Preserve may or may not include public access or use and may restrict such use to designated areas or seasonal closures.
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. As it pertains to Article 14, the 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. A Project cannot be segmented to avoid the requirements of this Code. If a Project is to be phased over time or
is composed of distinguishable elements, the impacts of all phases or elements of the development must be considered together when determining whether the Project satisfies this Code.
Professional Office for Conduct of Business or Profession. 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 Assembly Facility. As it pertains to Article 14, for purposes of this Code, Public Assembly Facilities do not include parks, golf courses, or similar
facilities unless used in a manner where people are concentrated in reasonably close quarters. Public Assembly Facilities also do not include air shows, structures or uses approved by
the FAA in an adopted airport master plan, or places where people congregate for short periods of time, such as parking lots or bus stops. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-29 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 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 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 (RV). 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:A. 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; B. Motorized
camper, motor home, recreational conversion van, or bus. A Recreational Vehicle consisting of a portable, temporary dwelling to be used for travel,
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-30 recreation, and vacation uses, and constructed as an integral part of a self-propelled vehicle; C. 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; D. Travel trailer. A towed vehicle designed as a
temporary dwelling for travel and recreation; and E. Travel trailer, self-contained. A 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. Recyclable
Materials. Reusable materials including, but not limited to, metals, glass, plastic, wood, and paper that are intended for remanufacturing or reconstitution. 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, regulations 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
Child Care Facility. A facility licensed by the state department pursuant to this part 1 to provide twenty-four-hour group care and treatment for 5 or more children operated under private,
public, or non-profit sponsorship. Residential Child Care Facility includes community-based residential child care facilities as defined in rule by the state board, and psychiatric residential
treatment facilities as defined in section 25.5-4-103 (19.5), C.R.S. A residential child care facility may be eligible by designation by the executive director of the state department
pursuant to article 65 of title 27, C.R.S. Resort Lodge or Guest Ranch. See “Lodging Facility.” Restaurant. A commercial establishment designed primarily to serve prepared food to customers.
Retail or Personal Service Facility. An establishment for the retail sale of merchandise to the general public or the provision of personal services to the public: A. Retail Facility.
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, and toy store. B. Personal Service Facility. Includes, but is not limited, to a barber or beauty
shop, optometrist shop, photographic studio, and travel bureau.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-31 Riding Stables, Commercial. 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, and that may include boarding for a fee in excess of 12 horses and day camps and riding
lessons in excess of 12 students or campers per day. Occasional events are allowed without permit as long as the Public Gathering threshold is not met. Riding Stables, Private. 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. Horse boarding
for fee is limited to 12 horses. Day camps and riding lessons are limited to 12 students or campers per day. Occasional events are allowed without permit as long as the Public Gathering
threshold is not met. Outdoor arena lighting is prohibited. Amplified sound is limited to daylight hours. Right-of-Way. The right to pass over 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
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-32 extended runway centerline. The dimensions are as specified in FAA Advisory Circular 150/5300-13. Sales Office,
Temporary. An office established temporarily on a property to make the initial sale of real estate products located on the property. 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 distance of a required yard. 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. 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: A. Is a structure or part thereof; B. Is written, printed, projected, painted, constructed,
or otherwise placed or displayed upon or designed into a building canopy, awning, or vehicle; C. Is designed to attract attention and used as a means of identification or advertisement;
and D. Is not the American flag.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-33 Sign Area. The Sign Area shall be determined by measuring the sum area of the surface of each plane, regardless
of the shape, within the outermost edge or border of the plane. 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. Identification Signs 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 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. No part of the sign may be attached to a building, including ground signs. 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, Off Premises. Any sign that contains a message unrelated to the business conducted on the
premises or to a commodity, service, or entertainment sold or offered on the premises upon which the sign is located. Sign, On Premises. Any sign that contains a message directly pertaining
to the business conducted on the premises or to a commodity, service, or entertainment sold or offered on the premises upon which the sign is located. 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 15 inches or more 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, but not extending above the peak of the roof. Sign, Suspended. A sign suspended
from the ceiling of an arcade, marquee, or canopy.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-34 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 and extended not more than 15 inches from the face 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. Significantly Deteriorate. To make inferior in
quality or value to a significant, as opposed to a trifling, degree. 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. Ski Area. See “Recreation, Outdoor.” Slope. Rise versus run ratio for a specified
distance. Small Temporary Housing Facility. See “Temporary Housing Facility, Small.” Solar Access. The ability 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. The device/system shall be designed to supply energy only for the property upon which it
is located. Excess energy generated may be sold as permitted by State and Federal law.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-35 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. A form that complies with these State law requirements is available from the Building
and Planning Department on request. 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. Stations shall include any proposed regularly-scheduled
stop or planned optional or seasonal boarding point on a Rapid Transit System. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-36 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. Act of storing or state of being stored, specifically, the safe keeping of goods in a warehouse or other depository. Examples include products and open storage
of mineral storage piles of gravel, ore, and shale. 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. Storage, Outside. See “Uses, Industrial.” Storage, Outside, Accessory.
The outside placement of items that are customary and incidental to the principal use of the property. Storage, Storage/Warehousing of Materials or Equipment Within a Building, Accessory.
A commercial building for storage of goods, materials, and equipment commonly used in commercial or industrial operations including, but not limited to, manufacturers, importers, exporters,
wholesalers, transport businesses, customs, etc. Storage, Supplies, Machinery, Equipment, or Products. An area used for storing machinery, equipment, or products generally associated
with a commercial or industrial activity. 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. Structure. As it pertains to the Airport/Heliport Influence Area Overlay, 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-37 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. Unless otherwise specified in this Code, any Accessory Structure is subject to the minimum requirements of the zoning
district in which it is located. Structural Alterations. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders; any substantial
change in the roof or in the exterior walls, excepting from this definition such alterations as may be required for the safety of the building. 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: A. 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. B. 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. C. Division of Land that is created
by a lien, mortgage, deed of trust, or any other security instrument. D. 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. E. Division of Land that creates cemetery lots. F. Division of Land that creates an interest in oil, gas, minerals,
or water that is severed from the surface ownership of real property. G. 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. H. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-38 I. 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. One or more security arrangements accepted by the BOCC to secure the actual Cost of construction of public improvements
within the Subdivision, required by the County’s Subdivision regulations. Substantial Change. A Substantial Change is 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. A. 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. B. The term “Substantial Improvement” does not include:
1) 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 2) 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. Application
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-39 review timelines shall follow process and review requirements set forth in C.R.S. § 29-20-108(2), as amended. 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. Telecommunication
Facility, Public Safety. See “Public Building.” 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 #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 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: A. 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; B. The Major Facilities are to be located at the Permitted Site
for more than a cumulative of 1 year; or C. 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: A. 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); B. The Minor Facility is located at the Permitted Site for less than a cumulative of 1 year; and
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-40 C. 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: A. 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); B. The Small Facility is located at the Permitted Site for less than a cumulative of 1 year and at the end of the utilization period, all structures, foundations, and associated
infrastructure are completely removed; and C. 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 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, Attached.” 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. As it pertains to Article
14, fFixed or rotary-wing aircraft that do not use the airport or heliport landing strip or helistop as a home base.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-41 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.
Transportation Planned Unit Development (TPUD). Shall mean a single parcel of land or contiguous parcels of land meeting the definition of a Planned Unit Development per Article 6, and
that also is located within 2,000 feet of a planned or developed Mass Transit Terminal or Station that has been approved pursuant to this Code. If any portion of a property or parcel
contained within a PUD is within 2,000 feet of a planned or developed Mass Transit Station or Terminal, the entire property, parcel, or PUD shall be deemed to be included within a TPUD.
A “planned” Mass Transit Terminal or Station is herein defined as a facility identified in a bonafide and endorsed conceptual planning process by an agency or authority with legal standing
to undertake alternatives analysis and conceptual design, where that facility has progressed to the preferred or selected alternative for preliminary design, and where it can be reasonably
assumed that such facility will be built within 20 years. The 2,000-foot radius where the facility is not yet in place or designed, shall be deemed to be from the center point of a probable
location. Where there may be several probable locations in a given area, the Applicant may show such alternatives and accommodate those in the conceptual design and sketch plan of a
TPUD in consultation with the BOCC and to assist in review by a Mass Transit agency. 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:
A.F. In a condition presenting a substantial danger or hazard to public health, safety, or welfare; and/or B.G. 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
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-42 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. Except as provided in this Code,
an Accessory Use must comply with all regulations applicable to the principal use. 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 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. No long-term parking,
loading/unloading of equipment or material, storage, or staging shall be allowed within the Vehicle Safety Area. 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. No long-term parking, loading/unloading of equipment or material, storage, or staging shall be allowed within the Vehicle Safety Area. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-43 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. Water Body. Accumulations of water such as water reservoirs, lakes, ponds, and Wetlands, as well as rivers, streams, and other geological features where water moves from
one 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.
Includes wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds, and similar water features. Also included, but not limited
to, is produced water and condensate impoundments as the terms are used by the oil and gas industry. A new Water Impoundment includes an expansion of an existing Water Impoundment except
where such expansion was previously authorized by land use action approved prior to the effective date of this Code. 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. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-44 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. Yard. The unoccupied space
which lies between the lot line and the nearest wall of any structure requiring a building permit.