§ 13.02.010. Definitions.

Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this Chapter shall have the meaning indicated when used in this Title. Words, phrases and terms not defined in this Chapter but defined elsewhere in this Title shall be construed as defined in such Title. Words, phrases and terms neither defined herein nor elsewhere in this Title shall be given usual and customary meanings except where the context clearly indicates a different meaning. The words shall and will are mandatory and not permissive; the words may and should are permissive and not mandatory.

Accepted, open space. Accepted , when used in regards to open space, shall mean written acceptance upon a recorded plat or other recorded document giving indication of conveyance of land to be used by the public, or for some other use deemed appropriate by the Town Council.

Accepted, roads and streets. Accepted , when used in regards to roads and streets, shall mean written acceptance of the road or street for public use by the Town Council and shall construe the responsibility for maintenance.

Accessory means subordinate or incidental to, and on the same lot or on a contiguous lot in the same ownership, as the building or use being identified or advertised.

Accessory use means a use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.

Adjacent means all properties with a common point or line to the subject property and the property which would have a common point or line with the subject property if a public right-of-way separating the properties were not there.

Adult arcade means an establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult bookstore, adult novelty store or adult video store means:

a.

A commercial establishment which (1) devotes a significant or substantial portion of its stock-in-trade or interior floor space to; (2) receives a significant or substantial portion of its revenues from; or (3) devotes a significant or substantial portion of its advertising expenditures to the promotion of: the sale, rental or viewing (for any form of consideration) of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas ;

b.

An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas , and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as the provisions of Subparagraph a. above are otherwise met.

Adult cabaret means a club, bar, restaurant or other commercial establishment which features: (a) persons who appear nude or in a state of nudity or semi-nudity; (b) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or (c) films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas .

Adult motel means a motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; (b) offers a sleeping room for rent for a period of time less than ten (10) hours; or (c) allows a tenant or occupant to sub-rent a sleeping room for a time period of less than ten (10) hours.

Adult motion picture theater means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

Adult theater means a theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities .

Agricultural products means nonprocessed fruit, vegetables, hay, landscaping trees or other farm products. Processed agricultural products, such as feed, fertilizer and livestock, are not included in this definition.

Alley means a public or private vehicular passageway dedicated or permanently reserved as a means of secondary access to abutting property and designed as an alley on a final plat.

Applicant means any owner of a right or title in real property in the Town who formally requests action on a land use proposal submitted in accordance with this Title, including Town staff, the Planning Commission or Town Council.

Architectural feature or detail means a prominent or significant part or element of a building, structure or site, which is intended to provide vertical and/or horizontal detail or relief from an otherwise flat polygon surface.

Authorized representative means any individual, partnership or corporation given written authorization by an applicant to process a proposal through the Town.

Auto wrecking yard means any place where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.

Base flood means the flood having a one-percent probability of being equaled or exceeded in any given year, also known as a one-hundred-year flood.

Block means an area of land within a subdivision which is entirely bounded by streets, highways, natural boundaries or the exterior boundary or boundaries of the subdivision.

Boarding house means a building or portion thereof which is used to accommodate, for compensation, three (3) or more boarders, not including members of the occupant's immediate family who might be occupying such building. The word compensation is money, services or other things of value.

Borrow site means a site used for the extraction of earthen materials such as sand, gravel, rock, dirt, etc., where the material is removed from the legally described site.

Buffer means a strip of land established to separate and protect one type of land use from another, to screen from objectionable noise, smoke or visual impact, or to provide for future public improvements or additional open space often in conjunction with a floodplain.

Buffer, residential roadway means a strip of land to separate the rear or side property line of residential lots from the adjacent right-of-way for arterial and collector roadways and to screen from objectionable noise, smoke or visual impact.

Building means a structure designed to be used as a place of occupancy, storage or shelter.

Building, accessory means a minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use.

Building elevation means a fully dimensioned, to-scale drawing of the front, rear or side of a building showing all visible building features such as windows, doors, dormers, gables, chimneys, covered porches, decks and relationship to grade level.

Building form : There are three (3) building forms: ranch, two-story and tri-level.

Building height means the vertical distance from the average finished grade to the highest point of the roof surface. A weighted average on the perimeter of the building may be utilized.

Building line means imaginary lines on a lot delineating the closest points from lot lines, public streets, planning areas or project area boundaries, or other applicable perimeter lines, where any main building may be constructed.

Building mass means the height, width and depth of a structure.

Building, principal means the primary building on a lot or a building that houses a principal use.

Building trim means a building material or materials used on the exterior perimeter of a building, around windows, doors and other prominent architectural features, to provide variety and accent to the building. Building trim typically lies flat against a wall, in contrast to an architectural feature that projects vertically or horizontally.

Business, commercial, industrial or office parks means a group of three (3) or more freestanding buildings containing uses related to commercial activity that developed as a planned unit with common open space and landscape areas on the property.

Business day and/or working day means any day that the Parker Town Hall is open to the public to conduct Town business.

Campground, private means an area operated by a private, nonprofit, educational, religious, recreational, charitable or medical institution designated and designed to accommodate the temporary parking or placement of camping trailers, truck campers and tents used for human occupancy on a transient basis; not to exceed thirty (30) days in any one (1) calendar year.

Campground, public means an area specifically designated and designed to accommodate for a fee the temporary parking or placement of camping trailers, truck campers and tents used for human occupancy on a transient basis; not to exceed thirty (30) days in any one (1) calendar year.

Caretaker's residence means a dwelling unit accessory to a principal use in any one (1) zone district designed and intended for occupancy by a person owning, employed in or dealing with, and responsible for the security and maintenance of, the principal use.

Channel means a natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow is that water which is flowing within the limits of the defined channel.

Child care center means a facility which may utilize one (1) or more buildings, which is maintained for the whole or part of a day, for the care of persons under the age of twenty-one (21) years under the provisions of the Colorado Child Care Act. Such facilities may be operated with or without stated educational purposes. The term shall include facilities commonly known as day care centers , day nurseries , nursery schools , preschools , kindergartens , those facilities which give twenty-four-hour care for dependent and neglected children; and shall include those facilities with stated educational purposes operated in conjunction with public or private educational facilities.

Cluster development means a form of development which allows for a reduction in lot size below minimum requirements if compensating amounts of open space are provided within the proposed development.

Convenience store means a one-story retail store containing less than two thousand (2,000) square feet of gross floor area that is designed and stocked to sell primarily food, beverages and other household supplies to customers who customarily purchase only a few items. It is designed to attract and depends upon a large volume of stop-and-go traffic.

Council means the Town Council of the Town.

Cul-de-sac means a round turning area located at the end of a local road providing limited access to a minor number of residences and/or land uses.

Dedicated land means land area transferred to the Town by deed or other legal method approved by the Town Attorney. Land so transferred and accepted by the Town shall be utilized for public or community purposes, as approved by the Town Council.

Developer means any person, corporation, joint venture, partnership or other entity which applies to the Town for any of the following services: annexation, zoning, subdivision, site plan, variance or other administrative, quasi-judicial or legislative function or the Town.

Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.

Development guide means a document which sets forth in whole or part variations from current Town zoning standards and Town ordinances. It shall indicate the standard and requirements, goals, intent, objectives, assurances and commitments for planned development, subdivision and park lands in regard to design, phasing, surface improvements schedules, maintenance programs, land use, uses of structures, minimum lot and height criteria, requested variances to Town zoning regulations, and supplemental regulations, for the development, guidance and control of the planned development, subdivision and park lands. It shall include a detailed master plan map indicating location of uses, rights-of-way, natural features and such other items as may be requested by the Planning Commission or Town Council. This document shall be utilized for review and evaluation of the project and shall upon approval by Town Council be recorded with the Douglas County Clerk and Recorder.

Disposition means a contract of sale resulting in the transfer of legal and equitable title to an interest in subdivided land; a lease or an assignment of an interest in subdivided land; or any other conveyance of an interest in subdivided land.

Drive-in or drive-through means an accessory use to a building or facility that by design facilities, encourages or allows customers to receive services or obtain goods while remaining in their motor vehicle, excluding reserved parking spaces for take-out goods where there is no menu board or communication facility.

Duplex means a detached building on a single parcel containing two (2) dwelling units, designed for or used as dwellings exclusively by two (2) families, each living as an independent housekeeping unit.

Dwelling means a building or portion thereof used exclusively for residential occupancy, including one-family dwellings, two-family dwellings and multiple-family dwellings, but not including mobile homes, hotels, motels, tents, seasonal vacation cabins or other structures designed or used primarily for temporary occupancy. No mobile home or converted mobile home shall be classed as a dwelling.

Dwelling, multiple-family means a building, or portion thereof, designed for or occupied by three or more families living independently of each other, but not including hotels or motels.

Dwelling, one-family means a building arranged, designed and intended to be occupied by not more than one (1) family, and which has not more than one (1) kitchen and not less than one (1) bedroom.

Dwelling unit means one (1) or more rooms, designed, occupied or intended for occupancy as a separate living quarter, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

Easement means an acquired right of use, interest or privilege in land owned by another, which interest is recorded in the real estate records of Douglas County.

Encroachment means an unauthorized placement of a building, part of a building, sign or fence upon the land or easement of another, or into required yards.

Evidence means any map, table, chart, contract or any other document or testimony prepared or certified by a qualified person to attest to a specific claim or condition.

Family means two (2) or more persons related by blood, marriage, or other legally recognized relationship, or a group not exceeding five (5) unrelated persons (excluding paid household staff such as nannies, cleaners and caregivers) living together as a single housekeeping unit in one (1) structure on one (1) lot, unless otherwise specifically authorized by this Land Development Ordinance, including, without limitation, Section 13.04.290 of this Title and its regulation of group homes, as may be amended from time to time, or by the provisions of state or federal law. This definition of family supersedes any definition of family in planned development documents, including, without limitation, development guides adopted by ordinance.

Farm and garden building means a building or structure used to shelter or enclose livestock, poultry, feed, flowers, field equipment or similar uses.

Farmers' market means a seasonal, open-air market with three (3) or more individual vendors where agricultural products are offered for sale or exchange, or where general information is given to the public regarding agricultural products, services or organizations from open, enclosed or semi-enclosed temporary structures.

Fast food restaurant means any establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises.

Feedlot means a lot or building, or a combination of lots and buildings, intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Pastures shall not be considered animal feedlots.

Fence means a freestanding barrier, enclosure or structure manufactured of materials, such as, but not limited to, wood, wire, iron, PVC or other composite materials, and is used as a boundary, protection, privacy screening, confinement or decorative element. Fence shall not include a building, hedge, trees or other living vegetation.

Final plat means the map or plan of record of a subdivision and any accompanying material, as described in Section 13.07.070 of this Title.

Flag lot means an irregularly shaped lot utilizing an elongated and narrow front yard or corridor to gain access to a public thoroughfare. The sole access point shall not be less than twenty (20) feet in width nor larger than thirty (30) feet in width for the entire length of the corridor leading to the building site. Such lots shall be discouraged except when due to unusual site conditions, particularly topography, floodplains, significant vegetation or soil suitability, conventional platting is not possible.

Flea market means a seasonal, open-air market with three (3) or more individual vendors where primarily secondhand goods are offered for sale or exchange or where general information is given to the public regarding products, services or organizations from open, enclosed or semi-enclosed temporary structures.

Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters or the unusual and rapid accumulation of runoff of surface waters from any source.

Flood hazard area means the area which will be inundated during the occurrence of the one-hundred-year flood (base flood).

Flood profile means a graph or a longitudinal profile showing the relationship of the water surface elevation of a flood event to location along a stream or river.

Flood proofing means a combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area.

Flood protection elevation means an elevation one (1) foot above the elevation or flood profile of the one-hundred-year flood under existing channel and floodplain conditions. It is one (1) foot above the elevation of the flood for the flood regulatory area.

Flood regulatory area means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Flood stage , for purposes of this Title, is used to mean the height or elevation of a flood as referred to some datum. For other purposes, it is commonly used to refer to the elevation at which a stream will overtop its normal stage banks.

Flood storage area means those portions of the floodplain that may serve as a temporary storage for flood-waters from the one-hundred-year flood that are outside the floodway area.

Floodplain means the area which will be inundated during the occurrence of a storm of a given magnitude or frequency.

Floodway means the channel of a river, stream or other water course and the adjacent land area that must be reserved in order to discharge the one-hundred-year flood without cumulatively increasing the water surface elevation of the one-hundred-year flood more than one (1) foot assuming an equal degree of conveyance reduction from both sides of a floodplain for a significant reach of channel. The floodway is located within the floodplain.

Floor area, gross means all areas located within the outside walls of a building, exclusive of basement area, garage space and porches.

Floor area, net means the total horizontal floor area measured in square feet, of all floors of a building, excluding therefrom walls, stairways, elevator shafts, covered malls, covered walkways, roof patio areas, covered entries, covered parking, covered driveways, covered loading areas, utility rooms and storage areas.

Freestanding building means any permanent, nonresidential structure containing a principal use on the property that has no party wall or common wall with any other structure.

Frontage, building means the horizontal, linear dimension of that side of a building that abuts a street, a parking area, a mall or other circulation area open to the general public and that has either a main window display of the enterprise or a public entrance to the building; in industrial districts, a building side with an entrance open to employees is a building frontage; where more than one (1) use occupies a building, each such use having a public entrance or main window display for its exclusive use shall be considered to have its own building frontage, which shall be the front width of the portion of the building occupied by that use.

Frontage, street means the linear frontage of a lot or parcel abutting a private or public street that provides principal access to or visibility of the premises.

Grade means the average of the finished ground level at the center of all walls of a building.

Gross leasable floor area (G.L.A.) means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from centerlines of joint partitions and exteriors of outside walls.

Ground sign means a sign wholly supported by a sign structure in the ground.

Guest house means a building attached or unattached to the main building, used to house guests of the occupants of the main building, and which shall not be rented or leased, or held in ownership by other than the owner of the principal use.

Hardship means exceptional narrowness, shallowness, shape, topographic condition or other extraordinary and exceptional situation or condition of a piece of property.

Health club means a facility where members or nonmembers use equipment or space for the purpose of physical exercise.

Home occupation means any business use which is conducted principally within a dwelling by the occupants thereof, and no others, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the dwelling, excluding therefrom such uses as a medical clinic, hospital, barbershop, beauty parlor, tea room, tourist home, animal hospital or any similar use generating more than occasional and minimal vehicular and pedestrian traffic.

Household pets means animals permitted in a dwelling as a custom in the community and kept for company or pleasure and including, but not limited to, dogs, cats and common house birds, provided that such animals are not kept to supplement food supplies, or for any commercial purpose whatsoever other than the offering for sale of one (1) litter, brood or offspring of a household pet domiciled on the premises, at any one time, that is less than four (4) months old.

Independent living facility means a community designed to accommodate individuals of retirement age or older who are functionally and socially independent and in good physical health who seek to maintain a highly independent lifestyle but with an availability of supportive services which may be accessed as needed.

Indoor amusement and recreational facility means a use within a building providing entertainment, pleasure, or sport.

Institution means a social, educational, governmental, health, charitable or religious organization.

Instructional service/studio means a business where an expertise in a certain discipline is being imparted to someone learning that discipline.

Junk yard means a building, structure or parcel of land, or portion thereof, used for the collecting, storage or sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging or demolition of vehicles, machinery or other materials.

Kennel means any building, structure or open space, or portion thereof, used for the breeding, raising, boarding or selling of dogs that are more than four (4) months old, or for more than one (1) litter. Limited grooming and health care facilities are accessory to this use.

Kiosk means a small structure, typically located within a pedestrian walkway or similar circulation area, intended for use as a small shop, or for use as a display space for posters, notices and exhibits.

Light source means neon, fluorescent or similar tube lighting, an incandescent bulb, including the light-producing elements therein and any reflecting surface that, by reason of its construction or placement, becomes the light source.

Livestock sales yard means a distinct agricultural operation or establishment which keeps, feeds or raises livestock for commercial purposes and as a principal land use.

Lot means a tract, plot or portion of a subdivision or other parcel of land in single ownership and not divided by a public street.

Lot line, front means the lot line on the frontage side of the lot.

Lot line, rear means the lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line.

Lot line, side means any boundary of a lot that is not a front or rear lot line. On a corner lot, a side lot line may be a street lot line.

Maintenance means the replacing, repairing or repainting of a portion of a sign structure, periodic changing of bulletin board panels or renewing of copy that has been made unusable by ordinary wear and tear, weather or accident.

Membership club means an association of persons for the promotion of some lawful common objective, such as literature, science, politics, good fellowship, or community service, which meets periodically and is limited to members.

Mining means the withdrawal and/or refinement of materials including, but not limited to: minerals (either solid, liquid or gas which are usable in their natural form or converted to a usable form when extracted from the earth), sand, gravel, quarry aggregate, oil, natural gas, coal, dimension or landscape stone, peat and metals. Mining does not include surface or groundwater found in the Town.

Mixed-use development means a type of land development which blends more than one (1) land use ( i.e ., residential, commercial, cultural, institutional, or entertainment uses), where those functions are physically and functionally integrated horizontally on a property, or vertically within a building.

Mobile business means a commercial retail, food or service establishment that is not intended to be permanent and is operated in a static or transitory location. A mobile business may include a truck which is a motorized, wheeled vehicle, or a trailer that is licensed for use on public roadways, or a cart.

Mobile home means a portable structure used or designed to be used for living or sleeping purposes, transportable on its own wheels and requiring only minor work after arrival on its site to become suitable for occupancy, which is not a manufactured home as defined in Section 31-23.301(5a), C.R.S. A mobile home is not a dwelling unit as defined in this Title, unless located in a mobile home subdivision.

Mobile home lot means a plot of ground within a mobile home subdivision designed for the accommodation of one (1) mobile home and its permitted accessory buildings and uses.

Mobile home park means a parcel of land under single or unified ownership or control within which spaces are rented for occupancy by mobile homes.

Mobile home space means a plot of ground within a mobile home park designed for the accommodation of one (1) mobile home and its permitted accessory buildings and uses.

Mobile home subdivision means an area of land subdivided for occupancy by mobile homes exclusively, and containing lots in divided or separate ownership.

Net leasable area means all the leasable area of a building exclusive of nonleasable space, such as hallways, building foyers, areas devoted to heating, air conditioning, elevators, and other utility areas. The net leasable area produces the lease income economically supporting the building.

Nonconforming use means the use of a structure or premises or portion thereof, conflicting with the provisions of this Title applicable to the zone in which it is situated.

Nonstructural trim means the molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways which are attached to the sign structure.

Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other means. The definition of nude model studio does not apply to: (a) a college, junior college or university supported entirely or partly by taxation; (b) a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or (c) a business located in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and where no more than one (1) model is on the premises at any one time.

Nudity or state of nudity means the showing of the human male or female genitalia, pubic hair or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.

Nursing home means an establishment, other than a hospital, licensed by the Colorado State Department of Public Health, which maintains and operates continuous day and night facilities providing room and board, personal service and skilled nursing care.

Off-premises advertising sign means any off-premises sign, including without limitation, a billboard or general outdoor advertising device, that advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere than on the same lot or within the same building upon which such sign is located.

One-hundred-year flood means the flood having a one-percent probability of being equaled or exceeded in any given year. (See also Base flood .)

Open space means public or private land and aquatic areas without visible evidence of residential, commercial or industrial development that are regulated or managed to protect the natural environment and significant cultural, historical, geological and ecological resources. These areas, generally left in a natural state, provide passive recreation and agricultural opportunities, shape the patterns of urban development, provide environmental protection and educational, scientific or aesthetic benefits and may include trail corridors, greenways and undeveloped parks.

Owner means a person as defined by this Title, who, alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, executor or trustee) has legal or equitable title to any property in question.

Parking maximum means the greatest or highest amount of parking permitted to support a building and/or use.

Parking minimum means the least or smallest amount of parking required to support a building and/or use.

Parking reduction means an allowed reduction in the amount of parking otherwise required by the Town.

Parks, developed means land that is privately or publicly held that has been fully developed for active recreational uses. This land benefits the entire community and meets the demands of the public for outdoor recreational facilities.

Planned development means, for the purposes of this Title, a zone category for a parcel of land controlled by one (1) or more landowners, which is developed under a single development plan for either a number of residential units, business, commercial, industrial, educational or recreational uses or any combination of the foregoing.

Plat means the maps and supporting materials of a proposed subdivision, prepared in accordance with the requirements of this Title, and utilized as an instrument for recording real estate interests with the County Clerk and Recorder.

Preliminary plan means the map of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with Section 13.07.060 of this Title, to permit the evaluation of the proposal prior to final engineering and design.

Preliminary site plan means a draft plan, with supplemental material, showing the preliminary character, use, and layout of the lot(s), including the preliminary locations, square footages, and dimensions of buildings, preliminary yards, courts, parking locations, fence locations, common open space, and other features prior to the submittal of site plan.

Promotional event means an outdoor event, wherein an established commercial business or organization offers their services, sale of their products or the promotion of their business on the same property wherein the principal business is located.

Public entrance means an entrance to a building or premises that is customarily used or intended for use by the general public, and excludes fire exits, special employee entrances and loading dock entrances not generally used by the public.

Public facility means a building or structure owned and operated by a governmental agency to provide a governmental service to the public.

Public water and public sewer facilities. Those facilities of a municipality, public utility, nonprofit corporation, sanitation or water or other special district, which are constructed, operated and maintained to provide water or sewerage service.

Quasi-public facility means a use or facility owned or operated by a nonprofit, religious or eleemosynary institution and providing educational, cultural, recreational, religious or similar types of programs.

Reach is a hydraulic engineering term to describe longitudinal segments of a stream or river. A reach will generally include the segment of the floodplain where flood heights are primarily controlled by man-made or natural floodplain obstructions or restrictions. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would most likely be a reach.

Religious assembly means a use category comprised of structures or places in which regular worship, ceremonies, rituals and education pertaining to a particular system of beliefs are held, together with its accessory buildings and uses (including buildings used for educational and recreational activities), operated, maintained and controlled under the direction of a religious group. Accessory uses include, but are not limited to, school facilities, parking, caretakers' housing, pastors' housing, day care and group living facilities, such as convents. Examples include churches, temples, synagogues and mosques.

Remote off-site parking means parking on a lot or property not contiguous and/or lacking a cross-access easement for reciprocal parking, other than the property occupied by the building or use.

Residential child care facility means a facility licensed by the State Department of Social Services to provide twenty-four-hour group care and treatment for five (5) or more children, five (5) through fifteen (15) years of age and/or approved to care for children sixteen (16) through twenty-one (21) years of age, operated under private or nonprofit sponsorship.

Roof line means the highest point on any building where an exterior wall encloses usable floor space (including roof areas for housing mechanical equipment) and the highest point on any parapet wall if the parapet wall extends around the entire perimeter of the building.

Roof line/roof profile means roof planes and architectural features such as gable ends, dormers, chimneys, ridges and tops of parapets which are used to create the top of a building or top of a part of a building.

Roof plan means a drawing, to scale, of the entire roof of a structure as viewed from above, which identifies ridge lines, valleys, dormers, cupolas and any other roof feature which can be viewed from above, with the exception of vents and other mechanical equipment.

Roof type means the style of roof on a structure, which can be flat, gable, hip, gambrel or shed.

Rooming house means a building or portion thereof which is used to accommodate, for compensation, three (3) or more roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensation shall include compensation in money, services or other things of value.

Self storage means a building, series of buildings, structure, or an outdoor area in which storage spaces (such as rooms, lockers, containers, and/or outdoor space), also known as "storage units," are used by consumers/tenants for short- or long-term storage of personal property. Consumers/tenants retain "care, custody and control" of their personal property. Self storage may also be referred to as mini storage and mini warehouse.

Self storage, outdoor, means an outdoor area in which storage spaces are used by consumers/tenants for short- and long-term storage of personal property. Consumers/tenants retain "care, custody and control" of their personal property. Outdoor storage includes, but is not limited to, camper/RV storage, as well as landscape storage and contractor storage where such storage is not accessory to a contractor's office. (See Self storage ).

Semi-nudity means a state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

Senior Housing shall mean any housing:

(1)

Provided under any State or Federal program determined by the Secretary of the U.S. Department of Housing and Urban Development to be specifically designed and operated to assist elderly persons; or

(2)

Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or

(3)

Intended and operated for occupancy by persons fifty-five (55) years of age or older, and:

a.

At least eighty (80) percent of the occupied units are occupied by at least one person who is fifty-five (55) years of age or older;

b.

The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and

c.

The housing facility or community complies with rules issued by the Secretary of the U.S. Department of Housing and Urban Development, established at 24 C.F.R. § 100.307 for verification of occupancy, which shall:

1.

Provide for verification by reliable surveys and affidavits; and

2.

Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of subparagraph (c)(2). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.

Such housing shall not fail to meet the foregoing definition by reason of unoccupied units, if such units are reserved for occupancy by persons who meet the age requirements set forth above.

Sexual encounter establishment means a business or commercial establishment, that as one (1) of its primary business purposes, offers, for any form of consideration, a place where two (2) or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one (1) or more of the persons is in a state of nudity or semi-nudity. An adult motel will not be classified as a sexual encounter establishment by virtue of the fact that it offers private rooms for rent.

Sexually oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment or nude model studio. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.

Shared parking agreement means a binding legal agreement between two (2) property owners where one property provides parking for another property.

Shared parking analysis means a study of land uses and their peak parking demands to determine feasibility if the uses can share parking spaces to meet the requirements of the Town.

Shopping center means a group of three (3) or more commercial establishments planned, developed and generally managed as a unit with common areas for off-street parking, landscaping and open space provided on the property.

Site area, gross means total ground area purchased by the present owner, including any proposed portions to be dedicated or improved for public use.

Site area, net means the remaining ground area of the gross site after deleting all portions for public use or public improvement.

Site plan means the plans and supplemental materials, including a grading and drainage plan, a landscape plan and other detailed information, drawn and submitted in accordance with Chapter 13.06 of this Title, to evaluate a project prior to issuance of a building permit for multiple-family, business, commercial, industrial and planned development projects.

Sketch plan means a map of a proposed subdivision and specified supporting materials drawn and submitted in accordance with Section 13.07.050 of this Title to evaluate feasibility and design characteristics at a conceptual state in the planning.

Solid fence means a freestanding structure constructed in such a manner as to not allow the surface to be viewed through; the purpose being to conceal the interior portion of the fenced lot.

Specified anatomical areas includes any of the following:

a.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities includes any of the following:

a.

The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts.

b.

Sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, sodomy, sadomasochism or bestiality;

c.

Masturbation, actual or simulated;

d.

Human genitals in a state of sexual stimulation, arousal or tumescence;

Storage means the placement, holding or stockpiling of material or products in a bulk form, in bulk containers or in individual containers either within a building or outside, where the use is ancillary and integral to the operations of a principal use permitted within the zone district. Storage is not permitted as a principal land use within the Town of Parker. Storage does not include areas fitting the definition of Principal Display as found in Section 13.10.140, Lighting standards.

Street means a public or private right-of-way for motor vehicles other than an alley or driveway.

Structure, permanent means any combination of materials forming a building or other man-made thing which is erected on the ground with permanent foundations or footings and permanently affixed into or thereto, designed, intended, used or arranged for the housing, shelter, enclosure or structural support of persons, animals or property of any kind.

Structure, temporary means a structure without any permanent foundation or footings which is intended to be located on a property for a limited amount of time.

Subdivision or subdivided land means any parcel of land which is to be used for condominiums, apartments or any other multiple-dwelling units, unless such land was previously subdivided and the filing accompanying such subdivision complied with municipal regulation applicable to subdivisions of substantially the same density, or the division of any tract of land, lot or parcel into two (2) or more lots, parcels, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale, transfer of ownership, or to offer for sale or development. Lots, tracts, blocks and other subdivisions shall be designated in accordance with Chapter 13.07 of this Title.

Subdivision improvement agreement means one (1) or more security arrangements which the Town shall accept to secure the actual cost of construction of such public improvements as are required by Chapter 13.07 of this Title.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either (a) before the improvement or repair is started; or (b) before damages occurred if the structure is damaged.

Temporary construction office means a temporary structure, mobile or modular unit for the storage of construction materials on site and/or as a construction office during regular construction hours.

Temporary office means a temporary structure, or mobile or modular unit designed and intended for an office, with or without utilities, and not for living quarters, utilized only during prescribed office hours.

Transportation demand management (TDM) means the application of strategies and policies which reduce travel demand (and parking demand), or to redistribute this demand to any single property or district. These include the provision of or access to transit, carpooling, walking and bicycling.

Triplex means a building or portion thereof, designed for or occupied by three (3) or more families living independently of each other, but not including hotels, motels or similar facilities.

Use means the activity or function that actually takes place or is intended to take place on a lot.

Use, temporary means a use established for a limited duration and not intended to include the construction or alternation of any building or structure.

Variance means a grant of permission by the Town Council after recommendation by the Planning Commission that authorizes the recipient to do that which, according to the strict letter of this Title, he or she could not otherwise legally do.

Veterinary clinic and hospital means a structure where animals are brought for medical and surgical treatment and may be held during the time of treatment and recuperation.

Warehousing means the holding or stockpiling of material or products in a bulk form or in bulk containers where the use is ancillary and integral to the operations of a primary use permitted within the zone district. Warehousing is not permitted as a primary land use within the Town of Parker (see Storage ).

Watercourse means a channel, natural depression, slough, artificial channel, gulch, arroyo, stream, creek, pond, reservoir or lake in which storm runoff and flood water flows either regularly or infrequently. This includes major drainage ways for carrying urban storm runoff.

Yard means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Title.

Yard, front means a yard extending across the full width of the lot between the front lot line and the nearest line or point of the building.

Yard, rear means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building.

Yard, side means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building.

(Ord. 3.01.117 §1, 2018; Ord. 3.147.6 §1, 2018; Ord. 3.330 §1, 2017; Ord. 3.01.113 §1, 2017; Ord. 3.01.112 §§1, 2, 2017; Ord. 3.327 §1, 2017; Ord. 3.01.107.1 §1, 2016; Ord. 3.321 §1, 2016; Ord. 3.01.107 §1, 2015; Ord. 3.01.104 §1, 2013; Ord. 3.291 §1, 2012; Ord. 3.240.8 §1, 2011; Ord. 3.01.93 §1, 2009; Ord. 3.01.91.1 §1, 2009; Ord. 3.01.91 §1, 2009; Ord. 3.240.4 §17, 2007; Ord. 3.01.79 §§1—6, 2006; Ord. 3.01.70 §1, 2004; Ord. 3.01.52 §2, 2000; Ord. 3.01.49 §§1, 2, 2000; Ord. 3.01.25.2 §1, 2000; Ord. 3.01.25.1 §3, 1998; Ord. 3.01.7 §2, 1995; PLDO Art. II §1)