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When used in this chapter, the following words shall have the following meanings:

ABOVEGROUND SQUARE FOOTAGE: That portion of the floor area of the structure that is above finished grade. Any portion of a foundation wall that is exposed more than two feet (2') above finished grade shall be counted as aboveground square footage.

ABSOLUTE POLICY: A policy which, unless irrelevant to the development, must be implemented for a permit to be issued. The policies are described in section 9-1-19 of this chapter.

ACCEPT: In reference to an application, to certify that the contents thereof are complete, according to the provisions of this chapter, and to acknowledge receipt therefor. It does not connote approval.

ADDITION: An extension or increase in floor area, building height, density, or mass of a building or structure.

AERIAL FUEL: A potential fire fuel that is located above the ground in a tree.

ALLEY: The entire width of every dedicated public alley owned or controlled by the town.

ALTERATION: Any change, addition, or modification in construction or occupancy.

APPEAL: A request by an applicant or citizen that the town Planning Commission overturn a decision of the Director of Community Development concerning a Class D major or Class D minor application.

APPLICANT: The owner(s) of record of the property, which is the subject of an application, or the duly authorized agent of the owner(s) or the successors in interest. The applicant is responsible for meeting all conditions on the issuance of the permit, and otherwise ensuring that all policies are implemented in the development. In the absence of the owner(s) of record, or a duly authorized agent, the actual occupants of the development will be assumed to be acting jointly and severally as the applicant for the purposes of this chapter.

APPLICATION FOR A LOT SITE PLAN: As used in section 24-65.5-102(2)(a), Colorado Revised Statutes, an application for a lot site plan is any application for a site specific development plan for a residential use, except for an application for a master plan under section 9-1-19-39A of this chapter.

APPROVAL: In reference to an application, a decision indicating that the development implements all relevant absolute policies and has earned zero (0) or more points pursuant to the relative policies based upon Town review of the application, and thus that a development permit may be issued. Approval may have conditions attached, and if so, the conditions are a part of the development permit.

APPROVAL BY TOWN COUNCIL: The approval by the town council of the issuance of a development permit, either by affirmation of the decision of the Planning Commission, or following a call-up procedure held in accordance with section 9-1-18-5 of this chapter.

APPROVED PRIVATE TRASH ENCLOSURE: Has the meaning provided in section 5-6-2 of this Code.

APPROVING AGENCY: The Director of Community Development, Planning Commission, or town council of the town of Breckenridge.

ARCHITECT: A person licensed by the Colorado State Board of Examiners of Architects to conduct the practice of architecture.

ARCHITECTURAL STYLE AND DETAILING: The style of architecture of a building, indicated by features such as, but not limited to: exterior materials and colors, roof pitch, size and shape of windows and doors, use of decorative items and others.

AREA OF CONCERN: A hillside or ridgeline which is visible from either: a) Highway 9; b) the core of Town; c) public parks; d) the Breckenridge Golf Course; or e) other areas of the town which are view corridors.

AREAS OF POTENTIAL NATURAL HAZARDS: Land area which may be subject to wildfire (category C as designated on the wildfire hazard map of the town master plan), flooding, avalanche, rockfalls, mudflows, debris flows, and unstable soils, slopes, or rocks.

ATTAINABLE WORKFORCE HOUSING PROJECT: Has the meaning provided in section 9-14-1 of this title.

BASEMENT: Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a "first story" as defined in the Building Code.

BASEMENT FLOOR: The floor of a structure located below the ground floor of the same structure.

BLOCK: A unit of land bounded by the centerline of a public right-of-way on four (4) sides, two (2) being streets and two (2) being alleys or rear yard property lines, or as described by the Director as necessary to adequately define the context of a project.

BUCK AND RAIL FENCE: A fence constructed with log posts in an upside down "v" shape with rails spanning from post to post.

BUILDING ENVELOPE: A space of fixed dimensions within a lot which defines that portion of the lot where all permanent structures on the lot must be located, except as otherwise provided in this chapter or a subdivision plat note pertaining to such building envelope.

BUILDING HEIGHT: The height of a building as measured from any point from within a building's foundation or around a building's foundation perimeter, and is based on the methods described under the definition of "building height measurement" in this section.

BUILDING HEIGHT MEASUREMENT: Building height is measured in one of the following three (3) ways (A, B or C); all are measured from a point on the roof to a point on the grade directly below. Measurement is taken from points around the outside edge of the building's perimeter to natural or proposed grade, whichever yields a greater dimension, and from within the building's foundation perimeter to natural grade. For buildings within floodplain areas in land use districts 31 and 43, measurement shall be to proposed grade, provided that the proposed grade is the minimum rise in grade needed to raise the building one foot (1') above base flood elevation. In the case of non-natural or highly irregular topography due to past mining impacts or other manmade impacts within the existing site development area (see illustration below), an average slope may be used.

All buildings with flat or shed roofs are measured per method A. All multifamily buildings, commercial buildings and all buildings within the Historic District are measured per method B (unless a flat or shed roof is proposed, then method A would be used). All single-family residences and duplex units outside the Historic District are measured per method C (unless a flat or shed roof is proposed, then method A would be used).

A. Measurement to the highest point of a flat, shed, or mansard roof: The greatest dimension, measured vertically, of a building between the highest point of a flat, shed, or mansard roof, including the cap of parapet, to a point measured directly below as described above.

B. Measurement to the mean elevation of a gable or hip roof: The greatest dimension, measured vertically, to a point between the ridge and the eave edge of a gable or hip roof, to a point measured directly below as described below:

C. Measurement to the highest element of a gable or hip roof: The highest point of any roof element to a point measured directly below as described below:

On any lot exhibiting evidence of cut or fill grade not authorized by the town, the applicant may be required to provide a professional soil analysis to determine the natural grade. No excessive fill, excavation or other artificial methods of grade manipulation will be permitted to create an exaggerated building site to manipulate the building height measurement.

D. Exceptions: Building height measurement shall not include:

1. For Single-Family Residences Or Duplex Units: Chimneys are not measured for height but are limited to no more than two feet (2') higher than the adjacent ridge or cap of parapet.

2. For Nonresidential Structures And Multi- Family Structures: Elevator shaft extensions, chimneys, and focal elements such as church steeples, spires, clock towers or similar structures that have no density or mass (in no instance shall any of these structures extend over 10 feet above the specified maximum height limit), or the first five feet (5') of height within the first floor common area lobbies in multifamily structures.

3. Areaways, Lightwells And Basement Stairwells: An areaway, lightwell or basement stairwell of less than fifty (50) square feet in area, enclosed on all four (4) sides shall not be counted towards maximum permissible height (see illustration below):

BUILDING INTEGRATED PHOTOVOLTAIC DEVICE: Solar membranes; solar shingles; solar in glass; other nonpanelized photovoltaic technology; and any other solar technology of any kind that is proposed to be located on or outside of a structure which does not meet the definition of "solar panel" or "solar array".

CALL UP: A motion of the Council or the commission to vacate a decision on an application made pursuant to this title, and to make that decision itself.

CAPITAL IMPROVEMENT PROGRAM: A document adopted by the town which outlines the major capital improvement activities planned by the town for the next five (5) years.

CHANGE OF USE: To modify the utilization of a parcel or structure from its historic or current use to a new and/or different type of activity and/or use.

CHARACTER AREA: Identified as such within the "Handbook of Design Standards". A character area is a subarea within the Conservation District and the boundaries of which are defined by the existing character of a similar grouping of buildings or properties.

CHROMA: The attribute of color perception that describes the amount of saturation of a hue in terms of degree of departure from the gray of the same value. All grays have zero (0) saturation.

CLASS A DEVELOPMENT: Any development which includes any of the following activities or elements:

A. Residential uses which include three (3) units or more.

B. Lodging and hotel uses.

C. Any site work or landscaping which is in excess of two hundred thousand dollars ($200,000.00) in value, to include ski lifts and parking lots.

D. Commercial and industrial uses, additions and remodels thereto which are one thousand (1,000) square feet in size or greater.

E. Approval of a master plan on a site five (5) acres or more in size.

F. Major amendment to a master plan pursuant to section 9-1-19-39A, "Policy 39 (Absolute) Master Plan", subsection L, of this chapter.

G. Those wireless communication facilities permit applications described in section 9-1-19-50A, subsection D(1), of this chapter.

H. Remodel or addition to any historic residential structure within the Historic District or the Conservation District.

CLASS B DEVELOPMENT: Any development which includes any of the following activities or elements:

Class B - Major:

A. New single-family nonhistoric residential within the Historic District or the Conservation District.

B. New duplex residential within the Historic District or Conservation District.

C. Bed and breakfasts, and boarding houses.

D. Commercial and industrial uses and additions which are less than one thousand (1,000) square feet in size or ten percent (10%) of the existing square footage (unless classified as a Class A development).

E. Approval of a master plan on a site of less than five (5) acres.

F. Demolition or moving of a landmark or historic structure (including any portion of the structure).

Class B - Minor:

A. Change of use within a Residential District.

B. Site work, landscaping, grading, and utility installations on steep slopes (greater than 15 percent) or within environmentally sensitive areas.

C. Operation of a home childcare business.

D. Vendor carts, large.

E. Application for exempt large vendor cart designation.

Class B development is divided into major and minor categories for purposes of payment of application fees1 only. The procedures set forth in this chapter for the processing of Class B development permit applications apply to both major and minor categories.

CLASS C DEVELOPMENT: Any development which includes any of the following activities or elements:

A. Change of use outside of a Residential District.

B. Master sign plans.

C. Temporary structures to be used for longer than three (3) days.

D. Additions to commercial, office or industrial structures of less than ten percent (10%) of the existing square footage.

E. Matters relating to nonconforming uses.

F. Minor amendment to a master plan pursuant to section -39A, subsection L, of this chapter.

G. Installation of solar device within the Conservation District.

H. Vendor Carts, Small: A small vendor cart shall be processed as a Class C development permit with public notice requirements per a Class B development permit.

I. Major remodel to residential condominium, lodging, or hotel structure.

J. Temporary tents meeting the special requirements set forth in section 9-1-19-36A, subsection F(2), of this chapter.

K. Exterior loudspeakers associated with a commercial use.

L. Any exterior food and beverage area.

CLASS D DEVELOPMENT: Any development which includes any of the following activities and elements:

Class D - Major:

1. New single-family, duplex structure, or major remodel outside of the Historic District, with or without an accessory dwelling unit, including, without limitation, master planned property with multiple single-family and duplex structures, except where the proposed development either:

a. Warrants the assessment of any negative points based upon the director's preliminary assessment at the time the application is initially filed; or

b. Is located on a lot, tract, or parcel without a platted building or disturbance envelope outside of the conservation district as defined in section 9-1-19-3A of this chapter (density).

A Class D - Major permit application that meets the conditions described in subsection 1(a) or 1(b) of this definition shall be reclassified as a Class C development permit application.

2. Those wireless communication facilities permit applications described in section 9-1-19-50A(D)(2) of this chapter.

3. Accessory dwelling units except when the permit application meets the conditions described in subsection 1(a) or 1(b) of this definition, in which case the application shall be reclassified as a Class C development permit application.

Class D - Minor:

1. Banners and sponsor banners (all).

2. Individual signs (all).

3. Demolition or moving of any structure outside of the historic or conservation district.

4. Demolition of nonhistoric structure within the historic or conservation district.

5. Fencing (all).

6. Home occupation.

7. Minor remodel2 of any residential structure.

8. Temporary structures to be used for three (3) days or less.

9. Operation of a chalet house.

10. Any painting of a structure within the historic or conservation district, except for paint maintenance.

11. Any painting of a structure with a commercial or lodging use outside of the historic district in land use districts 3, 4, 5, 6, 9, 13, 20, 23, 25, 28, 31, 32, 33, 35 or 39; except for paint maintenance.

12. The painting of a contemporary landmark as provided in section 9-1-19-5A, "Policy 5 (Absolute) Architectural Compatibility," subsection A(2), of this chapter.

13. The placement of a commercial handbill dispenser outside of a fully enclosed building as provided in section 11-5-6 of this Code.

14. Construction of approved private trash enclosure or conversion of nonconforming private trash enclosure to approved private trash enclosure.

15. Placement of public art.

16. Substitution of employee housing unit or modification to unit floor plan.

17. Summer seasonal occupancy of employee housing unit as provided in section 9-1-19-24R, "Policy 24 (Relative) Social Community," subsection A(5), of this chapter.

18. Placement of a satellite earth station larger than 2 meters in diameter in land use districts where industrial or commercial uses are recommended, or larger than 1 meter in diameter in land use districts where any other use is recommended.

19. Site work, landscaping, grading, and utility installations unless done on steep slopes or within environmentally sensitive areas.

20. The outdoor display or storage of bicycles as provided in section 9-7-6C of this Code.

21. Any other development described as a Class D minor development in any town ordinance.

22. Installation of swimming pool, spa or hot tub.

23. Seasonal noncommercial greenhouse.

24. Installation of solar device outside the Conservation District.

25. Creation of voluntary defensible space around a building or structure, or on a parcel of land.

26. Application for a renewable energy mechanical system.

27. Master sign plan modification.

28. Radio broadcast.

29. Temporary tents to be used for five (5) days or less.

30. Those small cell facilities applications described in section 9-1-19-50A(D)(3) of this chapter.

Class D development is divided into major and minor categories for purposes of payment of application fees only. The procedures set forth in this chapter for the processing of Class D development permit applications apply to both major and minor categories.

*Major remodel - Additional residential square footage of more than ten percent (10%) of existing structure square footage and/or change of character to the exterior of the structure.

*Minor remodel - Additional residential square footage of ten percent (10%) or less of the existing structure's square footage.

CLASSIFICATION: A particular classification that a development may be placed in for review under the provisions of this code. In those instances where a development does not fall under one of the four (4) classifications, the Director shall place the project where he deems appropriate. The Director shall also have the right to move a project to a higher or lower classification if he feels the purpose of this code would best be served by the reclassification. He must reclassify a project within five (5) days of receipt of an application.

COAL BURNING APPLIANCE: Any appliance that utilizes coal for heating, cooking or other similar purposes.

COLOR: The visual aspect of objects that may be described in terms of the attributes of hue, value and chroma.

COMMERCIAL USE: Retail trade and service activities, offices, restaurants, and bars.

COMMISSION: The town of Breckenridge Planning Commission.

COMMUNITY FACILITIES: Facilities used by the community as a whole that provide an essential service to the community, such as water and sewer treatment plants, libraries, schools, police and fire stations, and community centers.

CONSENT CALENDAR: A document presented to the Planning Commission or town council by the Director, listing decisions made by the Director or Planning Commission.

CONSERVATION DISTRICT: The "Conservation District" is described in the "Handbook Of Design Standards". The Conservation District is an area which has been determined by the community to contain resources of value to the community, together with any adjacent area within the Conservation District that may have substantial impact such that design review of new development is deemed necessary.

CONSTRUCTION FENCE: A temporary fence used to define the limits of construction, prohibit trespassers, and control access to an active construction site for which a building permit has been issued.

CONTACT PERSON: One person, designated by the applicant on the application form, who will be the designated contact on behalf of all owners for any notification, including meeting dates, deadlines and requirements. It shall be the contact person's responsibility to contact other parties to disseminate such information.

CONTEMPORARY LANDMARK: A structure which is determined to have acquired historic, cultural or other special significance and which, for the twenty five (25) year period immediately preceding the adoption on April 24, 1990, of the color requirements set forth in section 9-1-19-5A of this chapter, has had substantially the same exterior architecture and been in continuous use.

COUNCIL: The town of Breckenridge town council.

CRITERIA: The result, or results, required of a proposed development to implement a policy.

CUCUMBER GULCH OVERLAY PROTECTION DISTRICT: The geographic area of the town identified as the Cucumber Gulch Overlay Protection District in the land use guidelines, as amended from time to time.

CULTURAL SURVEY: A historic evaluation of a structure and/or site which outlines the historic value, architectural significance, and physical condition of a building and/or site to the town of Breckenridge as well as State or Nation, prepared by a qualified individual or group including the Breckenridge Historic Commission, and Town's Building and Planning Departments.

DE NOVO: Complete new hearing.

DEFENSIBLE SPACE: The area where basic wildfire protection practices described in section 9-1-19-48A, "Policy 48 (Absolute) Voluntary Defensible Space", of this chapter are implemented, and which provides the key point of defense from an approaching wildfire or fire escaping a structure fire. The area is characterized by the establishment and maintenance of a firebreak within thirty feet (30') around a building or structure and a reduced fuel zone extending up to seventy five feet (75') or greater, depending on slope away from the building or structure.

DENSITY: The computation of units per acre for residential development or floor area ratio for commercial development based on a fully enclosed space within the surrounding exterior walls (including the exterior wall itself) that extend to a roof of a building or portion thereof including dwelling areas of the building, closets, bathrooms, living room, garage space of single-family, duplexes, and townhomes, interior hallways, interior common spaces and areas of the building that are unfinished but have a floor to ceiling height of 5 feet or greater. Building areas that are not fully enclosed and feature portions of open or mesh wall that exceed 12 inches vertically and are entirely permeable across at least one façade such as trash dumpster enclosures, parking garages, porches and similar areas shall not be counted as density.

DESIGN: The preparation of drawings and other documents illustrating the scale and relationship of the components of a development; or the preparation of drawings and other documents to fix and describe the size and character of the development as to structural, mechanical and electrical systems, materials and such other essentials as may be appropriate.

DETACHED SOLAR ARRAY: Any solar array that is mounted independently of the building structure.

DEVELOPMENT:

A. Any one of the following:

1. Any change in the actual use of land or improvements thereon, including, but not limited to, the construction of any improvements which require a building permit, a change in the use or intensity of use on the land or in improvements thereon, enlargement, reconstruction or renovation of improvements; or demolition of improvements.

2. Subdivision of land.

3. When any of the following may affect one or more policies: erection of signs and fences, site clearance, removal or addition of vegetation, grading, dredging, mining, drilling, cut and fill, dumping soil or other material, removal of soil, or contouring, curb cuts and construction of improvements to public accessways whether dedicated or not, placement of temporary structures, and construction or renovation of improvements which do not require a building permit.

4. Demolition of structures.

5. Repainting of existing structure when color is being changed.

6. Extension or modification of utilities.

B. The following are not development activities:

1. Normal maintenance and repair of improvements which does not involve a change in use or intensity of use.

2. Nonstructural interior improvements when it has no effect on the square footage of the use types within the project.

C. The town council by development agreement may exclude from the definition of "development" any proposed activity that does not involve the construction of new density and mass.

DEVELOPMENT AGREEMENT: An agreement entered into between the town and an applicant pursuant to chapter 9 of this title.

DEVELOPMENT FEE SCHEDULE: Development review fees as adopted by Town resolution.

DEVELOPMENT PERMIT: A legal document issued upon approval of an application authorizing an applicant to proceed with his development. It is not a building permit.

DEVELOPMENT RIGHT: Unless otherwise specified in this code, the right to develop one single-family equivalent (SFE) of density, or portion thereof.

DIRECTOR: The town of Breckenridge Director of Community Development, or his authorized representative.

DOWNTOWN CORE: A delineated land area of the town established by the Downtown Core Map located in Policy 22A and Policy 48A used to distinguish properties that require additional consideration of the site in regard to the implementation of defensible space.

DOWNTOWN OVERLAY DISTRICT: The geographic area of the town identified as the Downtown Overlay District in the land use guidelines, as amended from time to time.

DWELLING UNIT: Any structure or part thereof, designed to be occupied as living quarters for any period of time. A dwelling unit may be a primary unit and/or an accessory dwelling unit.

EAVE EDGE: The point in the roof plane at the upper edge of the eave or fascia. (See illustration below.)

ELEVATED SOLAR ARRAY: Any solar array that does not run parallel to the roofline.

EMPLOYEE GENERATION: The total number of new employees that are generated by a development or change of intensity of use.

EMPLOYEE HOUSING: A dwelling unit the occupancy of which is restricted to a person eighteen (18) years of age or older who, during the entire period of his or her occupancy of the property, earns his or her living by working for a business located in and serving in Summit County, Colorado, an average of at least thirty (30) hours per week, together with such person's spouse and minor children, if any.

All employee housing units shall be a minimum of three hundred fifty (350) square feet of density in size and shall each have a living area containing at a minimum: a kitchen sink; cooking appliance and refrigeration facilities, each having a clear working space; sleeping accommodations; a closet with a door; and a bathroom with a door, sink, toilet, and a bathtub or shower. Each employee housing unit shall have its own entrance. There shall be no interior access from any employee housing unit to any dwelling unit to which it is attached.

EMPLOYEE HOUSING IMPACT MITIGATION: An obligation that requires developers to provide housing for a certain number of new employees that are generated by the developer's development, focusing solely on new development or the change of intensity of use in existing square footage (e.g. retail to restaurant) as related to employee generation impact and not taking into account secondary impacts.

ENVIRONMENTALLY SENSITIVE AREA: A parcel containing wetlands (as defined by applicable State or Federal law), one or more significant areas of mature trees, or which contains other areas of special environmental concern.

EVIDENTIARY STANDARD: Specifications of evidence which, when complied with, create a presumption that evidence is sufficient to make a finding.

EXTERIOR FOOD AND BEVERAGE AREA: An exterior patio, deck, soft surface area, rooftop deck or other exterior area used for commercial food or beverage service not associated with a vendor cart per section 9-1-19-49A of this chapter.

EXTERIOR LOUDSPEAKER: A loudspeaker for the amplification of sound which is located outside a building or structure.

FAMILY: Any number of persons living and cooking together on a premises as a single independent housekeeping unit, but shall not include a group of more than five (5) individuals not related by blood, marriage, adoption or pursuant to legal guardianship.

FEE IN-LIEU: A voluntary fee a developer may elect to pay to the town in lieu of the construction of employee housing when an applicant is required to construct less that one (1) unit of employee housing.

FENCE: A manmade barrier erected primarily to prevent escape or entry, or to mark a boundary.

FIRE DISTRICT: The Red, White And Blue Fire Protection District, a Colorado Special District organized pursuant to title 32, Colorado Revised Statutes.

FIREWISE LANDSCAPING: Trees, shrubs, and other landscaping that: a) meet the criteria for fire resistant landscaping as established from time to time by the Colorado State University cooperative extension service; b) are suited to the town's subalpine environment in accordance with this chapter; and c) are located in conformance with requirements of this chapter.

FLOOR AREA: The area included within the surrounding exterior walls (including the exterior wall itself) of a building or portion thereof, exclusive of vent shafts and courts and including those areas of the building not designed as living area, but having a floor to ceiling height of five feet (5') or more. The floor area of a building or portion thereof, not provided with surrounding exterior walls, shall be the usable area under the vertical projections of the roof or floor area.

FLOOR AREA RATIO (FAR): The total square footage of the structure to be developed divided by the total square footage of the lot, tract or parcel.

FULL CUTOFF LIGHT FIXTURE: An outdoor light fixture installed so that all of the light emitted by the fixture is projected below the horizontal plane passing through the lowest light emitting part of the fixture.

GATEWAY ENTRANCE MONUMENT: A manmade structure, usually at the vehicular or pedestrian entrance to the site, which defines the entrance, and includes vertical structures at the access point.

GOALS AND OBJECTIVES REPORT: Goals and objectives established periodically by the town council.

GROSS DWELLING AREA: The floor area included within the surrounding exterior walls (including the exterior wall itself) of a building or portion thereof utilized as a dwelling area of the building including closets, bathrooms, living room, etc., excluding those areas of the building that are not designed as living area, have a floor to ceiling height of five feet (5') or less, and have no windows.

GROUND FLOOR: The floor of a structure at approximately the same elevation as the natural grade of the surrounding area.

HANDBOOK OF DESIGN STANDARDS/HANDBOOK OF DESIGN STANDARDS FOR THE HISTORIC AND CONSERVATION DISTRICTS: Have the meanings provided in section 9-5-3 of this title.

HERS: A scoring system (or index) established by the residential energy services network (RESNET) in which a home built to the specifications on the HERS reference home (based on the 2006 edition of the International Energy Conservation Code) scores a HERS index of 100, while a net zero energy home scores a HERS index of 0.

HIGHLY VISIBLE: A solar device is highly visible if a majority of the solar device is always visible or capable of being observed from a public right-of-way during daylight hours by a person of normal visual acuity. Conversely, a solar device is not highly visible if a majority of the solar device is not visible or capable of being observed from a public right-of- way during daylight hours by a person of normal visual acuity.

HISTORIC AND/OR ARCHITECTURAL SIGNIFICANCE: The evaluation of the importance of a building and/or site in relation to the history of the town. Historic value evaluation criteria is relevant in terms of our local values and circumstances. Architectural value is evaluated on a local basis, comparing buildings of a similar period or stylistic influence with each other. It shall be recognized that simply because a building is old or historically valuable does not necessarily mean that it is architecturally significant.

HISTORIC DISTRICT: The "Historic District" is described in the "Handbook of Design Standards". The Historic District is an area within the Conservation District that contains the greatest concentration of structures of historic significance and that most clearly conveys the sense of character of the town during its early phases of development.

HISTORIC STRUCTURE: Any building or structure first built prior to 1943 that is not listed on the National Register or that is not landmarked.

HOME CHILDCARE BUSINESS: A commercial business or activity conducted upon real property of a primarily residential character which involves the owner of the residential real property providing, for a fee, childcare services for one or more minor children under the age of twelve (12) years. A person who provides childcare services only for their children in their own home is not engaged in a home childcare business.

HUE: The attribute of color perception that permits them to be classified according to gradation of the visual spectrum of light or pigment such as red, yellow, green, blue or any intermediate steps between these.

INDOOR MALL: An area within a commercial or office building which is reserved as public space, is pedestrian oriented, and has a minimum dimension of twenty feet (20') in all directions.

INDUSTRIAL USE: Storage, processing and shipping of agricultural or timber products; mineral extraction and production, storage, processing or shipping; fabrication, assembly, servicing, manufacturing; auto body repair shops; or storage of products.

INSTITUTIONAL USE: A nonprofit or quasi public use, such as a church, library, public or private school, hospital including associated medical office facilities, or government owned or operated structure or land used for public purpose, along with customary accessory uses.

INTERPRETATIVE BUILDING: A building or structure located in a public park, the primary purpose of which is to assist an interested person in understanding and interpreting the historical significance of a building, structure or location.

IRRELEVANT: Inapplicable.

KITCHEN: A room or portion of a room available for the preparation or cooking of food that may include a refrigerator, dishwasher, cooktop, and/or cupboards. Only one (1) kitchen is allowed per dwelling unit.

LAND USE DISTRICT MAP: A map or series of maps indicating the boundary of the various land use districts established by the town through adoption of the land use district guidelines.

LAND USE GUIDELINES: The town of Breckenridge land use guidelines adopted by ordinance 3, series 1987, as amended from time to time.

LANDOWNER: Any owner of a legal or equitable interest in real property, and includes heirs, successors and assigns of such ownership interests.

LANDSCAPE WALL: A vertical structure extending from the ground, constructed of rock, wood, stone, brick or other solid material, which is used to mark a boundary, provide screening, or separate outdoor uses.

LANDSCAPING GUIDELINES: The most current edition of the "Landscaping Guidelines" promulgated by the Director in accordance with title 1, chapter 18 of this Code.

LARGE OUTDOOR WATER FEATURE: A water feature, such as a large fountain, waterfall, pond or series of ponds, powered by a motor with four thousand watts (4,000 W) or five (5) horsepower or greater. Recreational and leisure amenities, such as outdoor hot tubs, swimming pools and associated features, are not considered water features under this definition.

LICENSED ENGINEER: An engineer licensed to practice in the State of Colorado.

LIMITED KITCHEN: Allowed only in Hotel/Lodging/Inn uses only, this may include a refrigerator, dishwasher, cooktop, and cupboards. Gas piping and two hundred twenty (220) volt electrical service may not be provided or roughed-in in a limited kitchen.

LIQUOR LICENSED ESTABLISHMENT: An establishment for which a license has been issued under the Colorado Beer Code, the Colorado Liquor Code, or for which a special events alcoholic beverage license has been issued.

LOG FENCE: A fence constructed of natural, whole logs, which may or may not have the bark removed.

MAINTENANCE: Consists of upkeep of the painted areas in a state the same as presently exists. Any application of paint on an area exceeding ten (10) square feet is not considered paint maintenance.

MASS: The total square footage of the aboveground portion of any project including the gross dwelling area and all other floor areas.

MASTER PLAN: A Land Use and Development Plan as described in section 9-1-19-39A of this chapter.

MINIMUM FOOD SERVICE: The minimum service or facilities which are adequate to provide the minimum food service requirements of the proposed use. Minimum food service shall consist of the following facilities and/or services in each of the following cases:

A. Condominium/hotel: The provision of the following facilities is required as a minimum: a wet bar, refrigerator, stove top, oven and sink all within or immediately adjacent to the required meeting room area.

B. Hotel, lodge, inn: In addition to the above requirements the provision of on site food preparation in the form of a restaurant capable of seating an adequate number of people in relation to the size of the project and providing food service to any on site meeting rooms. Hotels, lodges or inns of less than seventy five (75) rooms may meet the same requirements as for condominiums/hotels above upon a finding by the Planning Commission that they are adequate to meet the needs of the project.

MIXED USE: A development which incorporates any combination of commercial, residential or industrial uses within a building or project.

MODIFICATION TO AN EXISTING PERMIT: Any change in the scope, character or nature of plans, specifications, etc., of any development which has been reviewed and approved by the town.

MOUNTING STRUCTURE: Any racking, hardware, or material used to affix solar panels to a roof, wall, pole or to facilitate a detached array.

MUNSELL COLOR NOTATION: A system of letters or numbers, or both, by which the color of any opaque object may be specified with respect to Munsell hue, H; Munsell value, V; and Munsell chroma, C, written in the form HV/C. The Munsell color notation of a specimen is obtained by visual comparison with the Munsell hue, value and chroma scales of the "Munsell Book of Color"; published by Macbeth Division of Kollmorgen Instruments Corporation, 2441 North Calvert Street, Baltimore, MD 21218.

MURAL: A painting or other work of art applied directly on or attached to a wall.

NET ZERO ENERGY BUILDING: A building that produces at least as much energy as it consumes on an annual basis.

NONCONFORMING STRUCTURE: A structure which was lawful when constructed, but which does not comply with the absolute policies of this chapter.

NONPRIMARY ELEVATION: The portion of a structure which does not front on a public street or other public right-of-way. If a corner lot, the primary elevation is the elevation where the primary entrance is located.

NURSERY STOCK STANDARDS: The most current edition of the "American Standard for Nursery Stock", published by the American Nursery and Landscape Association, 1000 Vermont Avenue, NW, Suite 300, Washington, DC 20005.

OPEN SPACE: An exterior space located within the physical boundaries of a project which: a) is usable for recreational purposes, b) provides for natural or manmade landscaping areas, or c) provides for the protection of natural resources such as stream channels, steep slopes, etc.

A. Areas that qualify as open space are:

1. Landscaping areas, strips, planters, etc., with a minimum dimension in all directions of five feet (5'), and with a minimum overall size of fifty (50) square feet.

2. Natural areas, excluding existing stream channels.

3. Outdoor recreational facilities, including swimming pools, tennis courts, play fields, picnic areas and all other similar outdoor areas.

B. Areas that do not qualify as open space include, but are not limited to:

1. Parking and circulation areas.

2. Sidewalks and other pedestrian circulation areas.

3. Any areas covered with a structure.

4. Stairways.

5. Existing stream channels.

6. Any areas that do not meet the minimum dimensions listed above.

7. Any hard surface area.

ORIENTATION (AZIMUTH): The compass bearing that the collection surface faces. "True south" is defined as thirteen degrees (13°) to the east of magnetic south.

OVERALL HEIGHT: The same as building height, except that the measurement shall be to the highest point of any architectural element, except a chimney. This definition is applicable only to a single-family residence proposed to be constructed on a single-family lot located in any land use district outside the Historic District.

PERMITTEE: The holder of any permit issued by the town under this chapter.

PERSON: A natural person or a partnership, joint venture, corporation, association or organization; or a public agency.

PET FENCE: A fence the primary purpose of which is to control a pet (such as a dog run).

PHASED DEVELOPMENT: A development in which distinct sections or clusters (phases) are planned to be constructed at different times, such that each such section or cluster can, upon completion, be occupied and generally function as intended without being reliant upon subsequent sections or clusters of the development. In the context of a Master Plan, each phase requires a separate site plan level development permit as provided in section 9-1-19-39A of this chapter.

PRESERVATION: The process, including maintenance, of treating an existing building to arrest or slow deterioration, stabilize the structure, and provide structural safety without changing or adversely affecting the fabric or appearance of the structure.

PRESUMED/PRESUMPTION: No specific evidence needs to be brought forth when a presumption is stated, unless there is evidence rebutting the presumption.

PRIMARY STRUCTURES: The main buildings or structures on a lot which gives the site its unique character, and were historically the most important buildings on the site. In most cases, the primary structures shall be the largest structures on the property, and generally were located near the front portion of the lot, closer to the street. Primary structures are generally more ornate with more architectural detail. Examples of primary structures include the main residence, or main commercial building, as opposed to sheds, outhouses, and barns which are secondary structures in most instances.

PRIMARY UNIT: The main unit located on any residential property. This includes single-family, duplex, multi-unit, and/or townhouse residential uses.

PRIVACY FENCE: A solid or mostly solid fence, the primary purpose of which is to provide privacy or to screen visibility.

PRIVACY GATE: A gate across the entrance to a road, driveway or parking area, which blocks, or appears to block, access. Also known as a driveway gate.

PRIVATE EVENT: A noncommercial social event that is not open to the general public, including, but not limited to, a wedding, wedding reception, or other purely private gathering.

PUBLIC ART: A work of art located on public or private property which is accessible to the public. Public art includes, but is not limited to, painting, murals, sculpture, graphic arts, tile, mosaics, photography, earthworks, environmental installations and decorative arts.

PUBLIC ART ADVISORY COMMITTEE OF BRECKENRIDGE CREATIVE ARTS: A committee of seven (7) members appointed from time to time by the town council for their knowledge, experience, interest and involvement in art in the town. Members of the Public Art Advisory Committee of Breckenridge Creative Arts need not be residents of the town.

PUBLIC PARK: An area of land owned or operated by either a governmental entity or a private nonprofit entity exempt from taxation under section 501(c)(3) of the Internal Revenue Code which is open to the general public and used primarily for public recreational, cultural or educational purposes. The fact that a nominal admission fee is charged shall not preclude a finding that an otherwise qualified area is a public park.

RADIO BROADCAST: A live, remote radio broadcast conducted by a radio broadcaster licensed to engage in such activity by the Federal Communications Commission.

RECEIVING PARCEL: The lot or parcel of real property to which density is transferred in accordance with the provisions of section 9-1-17-12 of this chapter.

RECONSTRUCTION: When a replica of a building or facility that no longer exists is re-created, often on its original site, based on archaeological, historical, documentary and physical evidence. Both modern construction techniques and traditional methods may be used in a reconstruction project.

RECREATION AND LEISURE AMENITIES: Common indoor space permanently designated for the purpose of human enjoyment, recreation diversion, interaction or amenity. Recreation and leisure amenities may include, without limitation: exercise rooms, spas, pools, locker facilities, game rooms, recreation areas and entertainment facilities.

RECREATION AND LEISURE AMENITY CLUB or AMENITY CLUB: The meaning of "amenity club" depends upon the type of residential property in which the property's amenity components (as defined below) are located:

In a hotel/lodge/inn or a condominium that does not include one (1) or more timeshare estates an amenity club:

1. Allows admission to the property's amenity components by a person who is not a registered overnight guest at the property; and

2. Requires payment of a fee, a club membership, or other consideration given by the user of the property's amenity components.

In a condominium that includes one (1) or more timeshare estates an amenity club permits admission to the property's amenity components by a person who is not an overnight guest at the property.

No residential property other than a hotel/lodge/inn or a condominium may contain an amenity club.

An amenity club is classified as a commercial use and requires commercial density.

An amenity club may include, but shall not be limited to, the following amenity components:

1. Personal lockers;

2. Boot dryers;

3. Ski storage racks;

4. Ski tuning;

5. Areas for congregation and/or socializing;

6. Restrooms and/or shower facilities;

7. Movie theaters;

8. Game rooms;

9. Clubhouse food amenities;

10. Concierge ski services;

11. Access to an aquatics facility or other recreational facilities; and/or

12. Parking.

RECREATION CENTER: A commercial use requiring density and mass located within a residential use property, which may include, but is not limited to, facilities for aerobic exercises, running and jogging, weight training, game courts, swimming facilities, saunas, showers and lockers. Recreation Centers may also include eating facilities and shops selling a variety of sports equipment and clothing. Instruction programs and fitness classes may be offered. A Recreation Center is neither: (a) an amenity club, nor (b) common indoor space located in a condominium, condominium/hotel, hotel, lodge, or inn.

RECREATIONAL USE: Structures or areas designated and/or developed for human enjoyment, interaction, diversion or amenity. This includes, but shall not be limited to: parks; playgrounds; play fields; and areas or structures associated with skiing, sledding, picnicking, equestrian activities, hiking, sightseeing, fishing, boating, swimming and other active recreation.

RECYCLABLE MATERIAL: Has the meaning provided in section 4-6-15* of this Code.

REFERRAL AGENCIES: Those public or private agencies whose official responsibility or scope of concern is affected by a particular development proposal which may include such entities as the staff and administration of the town, Summit County, State of Colorado, United States government, utilities, Special Districts, Breckenridge Historic Commission, citizens' associations, etc. The Director shall determine which referral agencies require review of a particular development proposal.

REFUSE: All forms of solid waste, including garbage, rubbish, trash, recyclable and similar material, but excluding waste grease.

RELATIVE POLICY: A policy which need not be implemented by a development, but for which positive, negative, or zero (0) points are allocated based on the features of the proposed development.

RENEWABLE ENERGY MECHANICAL SYSTEM: A mechanical system required to process on site renewable energy from natural resources such as sunlight, wind, and geothermal heat.

REPAIR: The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

RESIDENTIAL USE: A residential use refers to the occupancy of a dwelling unit as living quarters.

Accessory Dwelling Unit: A dwelling unit located on the same parcel of land as the primary unit that is secondary in size and use to the primary unit. An accessory dwelling unit may have a separate kitchen from the primary unit and may be attached or detached from the primary unit. Only one (1) accessory dwelling unit is allowed per primary unit.

An accessory dwelling unit exists if:

A. An area in the residence has a separate access from the primary dwelling access whether through an entryway, mudroom, foyer, garage, outdoors, and direct access to parking; and

B. The area in the residence has a wet bar and has two or more of the following features:

1. Can be converted into a separate dwelling unit with a minor internal or external modification (e.g., the addition of a doorway to close off a hallway or the creation of a new exterior access);

2. Has a potential sleeping room as defined by the International Residential Building Code; and/or

3. Has a full bathroom (e.g., shower or bathtub, toilet and sink);

C. It is a detached structure containing density, it shall be considered an accessory dwelling unit unless no domestic water service is provided. If, however, an owner executes a restrictive covenant that prohibits the detached structure from being used as a short term rental unit, then domestic water service can be provided.

Apartment Building: An unsubdivided, multi-unit structure in which individual units are offered for rent and not for sale.

Bed And Breakfast: A facility of residential character which provides sleeping accommodations for hire, for thirty (30) days or less, on a day to day basis, with one or more meals per day included, and a manager (a natural person), who is either an owner or lessee of the property, residing on the premises. Such use shall not include residential dwelling units with more than five (5) such rental rooms, or with any number of rental rooms with an aggregate square footage of the rental rooms greater than seven hundred fifty (750) square feet, or facilities which include retail or commercial activities of any kind.

Boarding House: A facility of single-family residential character which provides sleeping accommodations for hire, for thirty (30) days or less, on a day to day basis, that meets at least one, but not all, of the criteria established for "bed and breakfast" uses as defined within this section.

Chalet House: A building or structure of single-family or duplex residential character: a) which is used as temporary housing for a tour group for a period of not less than two (2) nor more than thirty (30) consecutive nights, b) which has a manager or employee who provides meals for tour group members, and other management services such as housekeeping and ground transportation, c) the operation of which does not require the provision of additional on site parking spaces beyond that normally required for a single-family residence, and d) the appearance of which has not been altered (either on the interior or exterior) so as to change the single-family residential character of such building or structure. "Tour group" means a group of not less than two (2) persons who have made advance reservations for the use of the chalet house through a bona fide tour operator or tour company. To qualify as a tour group, the travel package must include ground transportation to and from the town such that the use of a private motor vehicle (whether owned or rented) by tour group members is not reasonably anticipated by the tour group operator. "Tour operator or tour company" means a person who has the legal right to exclusive possession of the chalet house pursuant to a lease or similar agreement with the owner of the property upon which the chalet house is located.

Condominium: A multi-unit structure in which units may be individually owned and which provides on the site of the development recreation and leisure amenities.

Condominium/Hotel: A multi-unit structure in which units may be individually owned and which provides on the site of the development a centralized management structure incorporating the following features: a) a twenty four (24) hour front desk check in operation, b) a central phone system to individual rental units, c) meeting rooms or recreation and leisure amenities, and d) food services.

Divisible Unit: A single living unit within a multi-unit structure, containing rooms or areas which can be used independently of the remainder of the unit such as having separate entrances, stairways or lock off potential. These units must have bathroom facilities and no kitchens.

Dormitory: A structure in which individual sleeping spaces are rented to individual tenants on a short term basis with necessary support facilities (bathroom, kitchen, etc.) being provided in common.

Duplex Residential: A residential structure containing two (2) attached dwelling units, which may be located on one parcel of land or two (2).

Hotel/Lodging/Inn: A multi-unit structure owned by a single owner which provides a centralized management structure incorporating the following features or standards: limited kitchens in the units, a twenty four (24) hour front desk check in operation, a central phone system to individual rental units, meeting rooms, food services, and recreational or leisure amenities.

Multi-Unit Residential: A residential structure or group of structures containing three (3) or more attached dwelling units.

Single-Family Residential: A residential structure containing one, single, detached dwelling unit on one parcel.

Timeshare Interests: Interval estates, timeshare estates, timespan estates, and other timesharing interests as defined in the Condominium Ownership Act, article 33, title 38, CRS, as amended from time to time.

Townhouse: A multi-unit structure in which individual units are owned by separate persons including an undivided fee simple ownership in the land upon which the unit sits.

RESTORATION: The careful and meticulous return of a building, usually on its original site, to its appearance at a particular period of time by removal of later work or replacement of missing earlier work.

RIDGELINE: The intersection of two (2) roof surfaces forming the horizontal line of the roof.

RIDGELINE OR HILLSIDE DEVELOPMENT: Development on a hillside or the crest of a hill which would create a silhouette or other substantially adverse impact when viewed from an area of concern.

ROOFLINE: The roof plane.

RULES AND REGULATIONS: The administrative rules and regulations for the administration of this chapter promulgated by the Director pursuant to the authority granted in section 9-1-28 of this chapter.

SATELLITE EARTH STATION ANTENNA: Any antenna of any shape or description designed for the purpose of receiving microwave transmissions from satellites.

SEASONAL NONCOMMERCIAL GREENHOUSE: A temporary greenhouse used on a seasonal basis to grow plants intended for the private use of the owner of the greenhouse, and not to grow plants for commercial sale.

SECONDARY STRUCTURES: Buildings whose uses were historically ancillary to the primary use of the site. These include storage buildings such as sheds, outhouses and barns, which were typically smaller than the primary structure and usually located at the rear of the lot. These buildings were usually simpler in design than primary structures, were often not painted and were clad in lower quality materials.

SENDING PARCEL: The lot or parcel of real property from which density is transferred in accordance with the provisions of section 9-1-17-12 of this chapter.

SINGLE-FAMILY EQUIVALENT (SFE): One unit of residential density as defined in section 9-1-19-3A, "Policy 3 (Absolute) Density/Intensity", of this chapter; or one thousand (1,000) square feet of nonresidential density.

SITE DISTURBANCE ENVELOPE: See the definition of "site disturbance envelope" set forth in chapter 2 of this title.

SITE PLAN LEVEL DEVELOPMENT PERMIT: A development permit which specifically authorizes the construction of buildings, structures or other improvements to real property.

SITE SPECIFIC DEVELOPMENT PLAN: A Class A, B, C, or D-major development permit.

SITE WORK: The disruption of any parcel of land for such activities as landscaping, grubbing, grading or utility work.

SNAG: A dead tree determined by the Director to be suitable for a bird habitat.

SOLAR ARRAY: A grouping of solar panels that are connected together. The term "solar array" includes both detached and elevated solar arrays.

SOLAR DEVICE: A solar panel; solar array; or building integrated photovoltaic device.

SOLAR PANEL: A device which collects or harvests solar energy. A solar panel is used for the capture and creation of solar electric or solar thermal energy, including, without limitation, heated air and heated fluids (also referred to as a solar collector).

SOLID TO VOID RATIO: A measurement of the amount of solid material in relation to the amount of empty space, usually expressed as a ratio. A solid to void ratio of one to three (1:3) contains one unit of solid material for every three (3) units of opening. (Example: 1 inch of solid fence with 3 inches of spacing.) The solid to void ratio is measured at every section of fence, and is not merely an average over the length of the fence.

SPECIAL AREAS: Those areas within the town that have unique physical or historic features such as geologic hazards, wildfire hazards, avalanche potential; lie within a historic district, or have other similar characteristics.

SPECIAL COMMERCIAL EVENT: A special event, of not more than three (3) consecutive days' duration, which: a) is sponsored by a nonprofit corporation or other not for profit entity; and b) is conducted by the nonprofit sponsor to promote not only the members of the nonprofit sponsor, but any town business or commercial activity whose owner desires to participate in the special event.

SPECIMEN TREE: A distinctive, healthy tree, which is of high value because it is a particularly impressive or unusual example of a species. A specimen tree possesses one or more of the following comparatively outstanding attributes: size, age, shape or any other trait that epitomizes the character of the species.

SPLIT LEVEL STRUCTURE: A structure, or a portion of a structure, that includes multiple floors with the lowest floor visible from the street front having a finished grade below the finished grade level of the street front sidewalk.

SPLIT RAIL: A fence rail split from a whole log.

STANDARD: Specifications of materials, techniques, processes, methods, size, shape, etc., which when employed in a proposed development or in its use, create a presumption that the proposed development would implement the relevant policy.

STEEP SLOPE: A slope of fifteen percent (15%) or greater.

STORAGE: Portion of a building utilized for the storage and safekeeping of goods. Storage areas shall not include areas that are utilized as or constitute work areas of any type.

STORY: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

STORY TO HEIGHT CONVERSION: A conversion factor used in determining allowed building heights outside the historic district for all structures except single-family residences and duplexes, where the first two (2) stories of a building are allocated thirteen feet (13') in height each, and all subsequent stories are each allocated twelve feet (12') in height. One-half (1/2) story equals six feet (6').

STREET: The entire width of every dedicated public street owned or controlled by the town.

STRUCTURE: That which is built or constructed, an edifice or building of any kind. The term structure shall not include: signs, retaining walls, fences, paved surfaces, and at or below grade improvements.

SUBSTANTIAL CONSTRUCTION: The completion of the construction of footings, foundation and the installation of water and sewer service lines for a project. The completion of the foundation must be certified by the building official; the installation of the water service lines must be approved by the town; and the installation of the sewer service lines must be approved by the sanitation district. If the development permit for a project provides that the project will be constructed in phases, substantial construction must be achieved for each phase within the time period provided in the development permit.

TEMPORARY CONSTRUCTION TRAILER: A trailer placed on a construction site during the construction of a permanent project.

TEMPORARY STRUCTURE: A structure, other than a vendor cart, construction trailer, temporary tent, or seasonal noncommercial greenhouse, that is not designed as a permanent structure, but is instead designed to be utilized only for a specified and limited period of time of not more than two (2) years.

TEMPORARY TENT: A collapsible shelter of fabric (such as nylon or canvas) stretched and sustained by poles and used as a temporary building.

TILT ANGLE: The angle above the horizon that the array faces. Optimum angle for year round production is equal to the latitude of the site (Breckenridge is at 40 degrees latitude).

TRANSFERABLE DEVELOPMENT RIGHT (TDR): A development right that has been approved by the town for transfer from a TDR sending site to a TDR receiving site.

TDR Receiving Site: A site authorized by the town to accept the transfer of a TDR from a TDR sending site.

TDR Sending Site: A site authorized by the town to transfer a TDR to a TDR receiving site.

TRANSITION CHARACTER AREA: Has the meaning provided in the handbook of design standards.

TREE CANOPY: The uppermost spreading branch layer of a healthy forest formed by the crowns of the trees.

UPPER BLUE RIVER BASIN: The geographic area defined in the Summit County land use and development code, as amended from time to time.

UPPER FLOOR: A floor of a structure located entirely above the ground floor of the same structure.

USE: The physical improvements, human activity, and effects thereof, on a site or parcel of land.

VALUE: The attribute of color perception that describes the gradation between black and white, shades of gray.

VARIANCE: A finding by the approving agency that, although a proposed development is not in strict compliance with an absolute policy, to deny the development permit would result in "undue hardship" as defined by law. No relief from compliance with an absolute policy shall be granted except upon findings that:

A. The failure to implement the absolute policy is of insignificant proportions; and

B. The failure to implement the absolute policy will not result in substantial detriment to the public good or substantially impair the intent and purposes of the absolute policy; and

C. There are exceptional circumstances applicable to the specific development which do not apply generally to other properties in the same district or neighborhood.

VENDOR CART: A temporary structure in the form of a wagon, cart, booth, or other similar structure designed and intended for the sale of goods and services. The term "vendor cart" includes: a) a large vendor cart; b) a small vendor cart; and c) a special event vendor cart.

VENDOR CART, LARGE: A vendor cart that is either: a) larger than forty (40) square feet in size; or b) is not removed from its site and properly stored out of public view each day.

VENDOR CART, SMALL: A vendor cart that is both: a) forty (40) square feet or smaller in size; and b) removed from its site and properly stored out of public view each day.

VENDOR CART, SPECIAL EVENT: A wagon, cart, booth, or similar temporary structure designed and used for the sale of goods and services at a special event for which the town has issued a special event permit pursuant to title 4, chapter 13 of this Code.

VESTED PROPERTY RIGHT: The right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan.

WATER FEATURE: A term used in landscape architecture and garden design referring to the use of any fountain, pool, pond, cascade, waterfall or stream in an outdoor landscape feature.

WELL SPACED: The space between the crowns of trees, or between the crowns of trees and the center point of other landscaping, is adequate to reduce the risk of a fire spreading to other vegetation or structures. The adequacy of spacing depends upon slopes, vegetation size, vegetation types (trees, shrubs, grass), and other fuel characteristics (including, but not limited to, fuel compaction and chemical content). In general, a minimum of ten feet (10') between the widest portion of the crowns of individual trees or groups of trees is adequate. Additional spacing may be required on steeper slopes. The following are examples of trees that are presumptively well spaced:

WET BAR: An area of a common room (living room, great room, dining room, entertainment room, etc.) within a primary dwelling unit used for the storage of food that may include (but not required to install) a refrigerator, a sink, dishwasher, cabinets, microwave, and/or a countertop, but shall not include a cooktop or oven. Wet bars shall be within common rooms with areas larger than three hundred (300) square feet. Hallways shall not be considered in calculation of square footage and a wet bar shall not be located within a hallway. A wet bar may not include the installation of two hundred twenty (220) volt electrical service. Exception: A wet bar associated with an accessory dwelling unit is considered a kitchen and shall not have cooktop, size or voltage restrictions.

WETLANDS: All land areas classified as wetlands by the army corps of engineers, including, but not limited to, lakes, streams, ponds, swamps, marshes, bogs, areas of seasonal standing water, and other similar areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (including willows, rushes and sedges). The term wetlands does not include areas that are saturated solely by the application of agricultural irrigation water.

WOOD BURNING APPLIANCE: Any appliance, other than a wood burning cooking appliance, which: a) is fueled by the burning of wood, and b) meets or exceeds any applicable phase II emission standards promulgated by the United States environmental protection agency, as amended from time to time.

WOOD BURNING COOKING APPLIANCE: Any cooking appliance that utilizes the burning of wood for fuel, including, but not limited to, a wood smoker. A wood fired oven is not classified as a wood burning cooking appliance.

WOOD FIRED OVEN: A cooking appliance that utilizes the burning of hardwoods and/or fruitwoods with the intent of cooking pizzas and other foods quickly and at very high temperatures (usually above 500 degrees Fahrenheit).

WOOD SMOKER: Any cooking appliance that utilizes the burning of wood with the intent of producing smoke and relatively low cooking temperatures (usually below 400 degrees Fahrenheit) in order to cook and infuse flavor into foods (usually meats and other types of barbecue) at relatively low temperatures.

YARD: An open space on a lot, unoccupied by any structure, and located on the same lot with the building or use which it serves.

YARD, FRONT: A yard extending between the side lot lines across the full width of the lot and lying between the front lot line and any portion of any structure on the lot. In those instances where a lot abuts two (2) streets, such as a corner lot or a double frontage lot, the Director shall designate which yard constitutes the front yard, based on existing development patterns within the neighborhood.

YARD, INTERIOR SIDE: A yard extending between the front and rear lot lines along the full width of the lot and lying between any side lot line that does not abut a public way and any portion of any structure on the lot.

YARD, REAR: A yard extending between the side lot lines across the full width of the lot and lying between the rear lot line and any portion of any structure of the lot.

YARD, STREET SIDE: A yard extending between the front and rear lot lines along the full length of the lot and lying between the side lot line that abuts a public way and any portion of any structure on the lot. (Ord. 19, Series 1988; amd. Ord. 9, Series 1990; Ord. 10, Series 1990; Ord. 29, Series 1990; Ord. 7, Series 1992; Ord. 33, Series 1992; Ord. 19, Series 1993; Ord. 27, Series 1993; Ord. 28, Series 1993; Ord. 22, Series 1994; Ord. 6, Series 1995; Ord. 7, Series 1995; Ord. 19, Series 1995; Ord. 26, Series 1996; Ord. 29, Series 1996; Ord. 34, Series 1996; Ord. 35, Series 1996; Ord. 4, Series 1998; Ord. 21, Series 1998; Ord. 1, Series 1999; Ord. 3, Series 1999; Ord. 17, Series 1999; Ord. 9, Series 2000; Ord. 12, Series 2000; Ord. 13, Series 2000; Ord. 11, Series 2001; Ord. 24, Series 2001; Ord. 39, Series 2002; Ord. 40, Series 2002; Ord. 41, Series 2002; Ord. 53, Series 2002; Ord. 1, Series 2003; Ord. 14, Series 2003; Ord. 17, Series 2003; Ord. 22, Series 2004; Ord. 24, Series 2004; Ord. 15, Series 2005; Ord. 5, Series 2006; Ord. 9, Series 2006; Ord. 22, Series 2006; Ord. 40, Series 2006; Ord. 23, Series 2007; Ord. 25, Series 2007; Ord. 37, Series 2007; Ord. 39, Series 2007; Ord. 20, Series 2008; Ord. 21, Series 2008; Ord. 26, Series 2008; Ord. 10, Series 2009; Ord. 27, Series 2009; Ord. 32, Series 2009; Ord. 1, Series 2011; Ord. 2, Series 2011; Ord. 17, Series 2011; Ord. 12, Series 2012; Ord. 13, Series 2012; Ord. 15, Series 2012; Ord. 16, Series 2012; Ord. 22, Series 2012; Ord. 2, Series 2013; Ord. 4, Series 2013; Ord. 15, Series 2013; Ord. 42, Series 2013; Ord. 1, Series 2014; Ord. 10, Series 2014; Ord. 31, Series 2014; Ord. 29, Series 2015; Ord. 18, Series 2016; Ord. 36, Series 2017; Ord. 16, Series 2018; Ord. 1, Series 2019; Ord. 16, Series 2019; Ord. 32, Series 2019; Ord. 7, Series 2020; Ord. 19, Series 2021; Ord. 24, Series 2021; Ord. 33, Series 2021; Ord. 34, Series 2021; Ord. 6, Series 2022; Ord. 35, Series 2022; Ord. 8, Series 2023; Ord. 31, Series 2023; Ord. 11, Series 2024)

Notes:

1See chapter 10 of this title.

2See asterisks following this definition.

*Ch. 4-6 was repealed by Ord. 15, Series 2008.