SECTION IV
A. Purpose and Intent: The purpose of this Section is to make certain the meanings of certain words, terms and phrases used in this Development Guide. Any words, terms and phrases contained in this Development Guide shall be defined and interpreted in accordance with the definitions contained in this Section, unless the context clearly indicates a different meaning was intended. If the context is not clear, Castle Pines Land Company shall provide its understanding of the meaning to the Douglas County Planning Department and if uncertainty still remains, the matter will be referred to the Douglas County Board of Commissioners for final determination.
B. Rules of Construction: The following rules of construction shall govern the interpretation of the provisions of this Development Guide.
1. All words, terms and phrases not defined herein but defined in other resolutions or codes of the County relative to land development or construction shall be construed as defined in such resolutions or codes, unless the context indicates a different meaning was intended.
2. All words, terms and phrases neither defined herein nor in other such resolutions or codes shall be given their usual and customary meanings, unless the context clearly indicates a different meaning was intended.
3. The text of this Development Guide shall be precedence over captions, titles and maps.
4. The word "shall" is mandatory and not permissive; the word "may" is permissive and not mandatory.
5. Words used in the singular include the plural and words used in the plural include the singular, unless the context indicates the contrary.
6. Words used in the present tense include the future tense and words used in the future tense include the present tense.
7. The phrase "used for" includes "arranged for," "designed for, "intended for," "maintained for," and "occupied for."
8. The particular or specific controls over the general.
C. Definitions: The following words, terms and phrase shall be defined as set forth hereinafter.
1. Abutting Land: Parcel of land, which has a common property line with another parcel of land.
2. Accessory Building: A subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.
3. Accessory Use: A use naturally and normally incidental and subordinate to, and devoted exclusively to, the main use of the premises.
4. Area per Dwelling Unit: The amount of land in square feet within the boundaries of a lot or project divided by the total number of dwelling units in such lots or projects.
5. Basement: That part of a building partially or totally underground.
6. Board or Board of County Commissioners: Board of County Commissioners of Douglas County; the governing body of the County.
7. Borrow Site: Any area used for the extraction of earthen material such as sand, gravel or dirt, which is outside the area of immediate development.
8. Building: Any permanent structure, or portion thereof, built for the shelter or enclosure of human beings, animals, chattels or property of any kind, but excluding there from advertising signboards and fences.
9. Building Coverage: Ratio of ground area that a building covers in a lot to the total lot area, expressed as a percentage.
10. Building Principal or Main: A building, or buildings, in which is conducted one or more of the principal permitted uses of the lot or project in which it is situated.
11. Building Line: Imaginary lines on a lot delineating the closest points from lot lines, public streets, Planning Area of project area boundaries or other applicable perimeter lines, where any main building may be constructed.
12. Building Height: 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.
13. Business or Commerce: Activities involving the provision of services, purchases, sales or other transactions relating to the handling or disposition of any articles, substances, commodities or intangibles for profit or livelihood; the ownership or management of real estate; and the maintenance and use of offices by professions and trades rendering services.
14. Caretaker Apartment: A dwelling unit accessory to any building arranged, designed and intended for occupancy by a person or persons owning, employed in or dealing with, and responsible for security and maintenance of such building or the uses permitted therein.
15. Carport: A roofed structure, or a portion of a building, open on two or more sides, designed primarily for the parking of automobiles.
16. Child Care Center: A service commercial facility in which care is provided for children for periods of less than 24 hours at a time and is operated under the provisions of Colorado child care Act.
17. Church: A building arranged, designed and intended to be used as place or worship and instruction.
18. Clinic, Medical: A facility licensed and used for the provision of medical, surgical or mental health care of the sick or injured, but excluding either from in-patient and overnight accommodations.
19. Cluster: A development design technique that concentrates buildings in specific areas on the site and allowing for a reduction in lot size below minimum requirements allowing the remaining land to be used for recreation and common open space.
20. Common Area or Common Element: The total area and structures within a project, which are designed, designated and maintained for common use and enjoyment by the homeowners and their invitees, such as recreation areas and facilities, landscaped areas, open space areas and natural areas.
21. Community Information Center: A temporary or permanent structure or facility, including associated parking areas, which is used principally for dissemination of community news and events and information concerning the development of Castle Pines North.
22. Conditional Uses: A use permitted in a particular Planning Area only upon showing that such use in a specified location will comply with all conditions and standards for the location or operation of such use as specified within this Development Guide and authorized by the Design Review Board.
23. Condominium: An individual air space dwelling unit together with the interest in the common element appurtenant to such unit.
24. Condominium Project: A project divided into condominiums, including all structures and common areas and elements situated therein.
25. Construction: The actual placement and fastening of construction materials in a fixed position. If a basement is being excavated, such excavation shall be deemed to be actual construction. If demolition or removal of any existing building or structure has commenced preparatory to construction, such demolition, removal, or moving of a structure shall be deemed to be actual construction. The term construction shall apply to building, roadways, utilities, other structures and landscaping.
26. Convenience Commercial: A retail or service commercial use, which serves the area immediately surrounding the use by providing groceries, sundries and miscellaneous services which do not typically offer comparison shopping opportunities.
27. County: Douglas County, Colorado.
28. Covered Parking: Parking facilities which are protected by a roof or enclosed with a structure.
29. Density: The number of dwelling units per gross residential acre in a specific portion of land.
30. Design Review Board: A board appointed in accordance with the covenants, conditions and restrictions applicable to Castle Pines North and charged with responsibility for reviewing and approving land use, plans and specifications for all construction, modification or alteration of improvements, the placement and maintenance of landscaping, the location of structures, any removals of vegetation and other matters with the power of approval or disapproval thereof.
31. Design Review Guide: Restrictions, rules and regulations to be developed and enforced by the Design Review Board as criteria for the development of architectural style, site development and review of plans, specifications and details.
32. Development Guide: Sets forth land uses and development standards for Castle Pines North, a planned community in the unincorporated County of Douglas, State of Colorado; regulates the use of land and the use, bulk, maximum height, minimum lot area, minimum lot width, and minimum yard spaces of buildings; provides regulations for uses permitted therein and accessory buildings and uses; provides additional supplementary regulations; and defines certain terms used therein. A requirement of Section 13, planned Development District, of the Douglas County Zoning Resolution.
33. Developer: The developer is Castle Pines Land Company.
34. Douglas County Zoning Resolution: The Zoning Resolution regulating uses of land applicable in Douglas County.
35. Driveway: A private vehicular passageway for the exclusive use of the owners and occupants of one or more lot or project and their invitees. A driveway shall not be considered to be a street.
36. Dwelling: A structure or portion thereof which is used exclusively for human habitation.
37. Dwelling, Multiple Family: 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.
38. Dwelling, Patio House: A single-family dwelling on a separate lot with open space setbacks on three sides.
39. Dwelling, Single-Family Attached: A dwelling containing more than one dwelling unit wherein each dwelling unit is structurally independent from all others and is arranged, designed and intended for occupancy by not more than one family; has no more than one kitchen and no less than one bedroom; and each unit is separated by one or more common fire resistant walls.
40. Dwelling, Single-Family Detached: A dwelling which is not attached to any other dwelling by any means.
41. Dwelling Townhouse: A single-family attached dwelling in a grouping of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.
42. Dwelling, Two Family: A dwelling situated on one lot and arranged, designed and intended for occupancy by two (2) families living independently of each other, wherein each dwelling unit has its own kitchen, living area and bathrooms.
43. Dwelling Unit: One or more rooms and a primary kitchen arranged, designed and intended as a unit for occupancy by one family living independently of others, situated in a one-family, two-family or multi-family dwelling.
44. Easement: An acquired right of use, interest or priviledge in land owned by another.
45. Family: An individual or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) living together as a single housekeeping unit in a dwelling unit.
46. Floodplain: The area adjoining any river, stream, watercourse, lake or other body of standing water which is subject to inundation by a 100-year flood.
47. Floor Area Gross: The total horizontal floor area measured in square feet, of all floors of a building, excluding them from walls, stairwells, elevator shafts, covered malls, covered walkways, roof patio areas, covered entries, covered parking, covered driveways, covered loading areas, utility rooms and storage rooms.
48. Floor Area Ratio (F.A.R): The numerical value obtained by dividing the gross floor area of all buildings located upon a lot or parcel of land by the total area of such lot or parcel. F.A.R. equals Total Building Floor Area divided by Total Lot Area.
49. Garage Private: A building, or portion thereof, used primarily for the parking of automobiles belonging to the occupants of the land upon which it is situated and their invitees.
50. Garage Public: A building, or portion thereof, other than a private garage, used for the parking of automobiles.
51. Grade: The average of the finished ground level at the center of all walls of a building.
52. Hotel: A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms and recreational facilities.
53. Household Pets: Small animals in such numbers as not to constitute a nuisance customarily permitted to be kept in dwellings for company or pleasure, including but not limited to dogs, cats, rabbits and common house birds, provided that such animals are not kept to supplement food supplies or for any commercial purpose other than the offering for sale of one litter, brood or offspring of a household pet domiciled on the premises, at any one time, that is less than four months old.
54. Joint Use of Parking: The shared use of off-street parking facilities by more than one type of land use where the same parking spaces are taken into account in satisfaction of the parking requirements of each use.
55. Kennel: Any building, structure or open space, or portion thereof, used for the breeding, raising, boarding or selling of five or more dogs that are more than four months old or more than one litter.
56. Landscaping: Improvement of an area of land by the installation, removal, or transplanting of vegetation or the installation of other materials or elements for the purposes of enhancement.
57. Lot: A parcel of land designated as a lot on a recorded plat, or, in the absence thereof, on a plat on file in the office of the Douglas County Tax Assessor.
58. Lot Area: The total horizontal area within the lot lines of a lot.
59. Lot Line, Front: The property line dividing a lot from the street providing access thereto, provided that with respect to a corner lot, the front lot line shall be determined by the orientation of the building.
60. Lot Line, Rear: The property line opposite the front lot line.
61. Lot Line Side: Any lot lines other than the front lot line and rear lot line.
62. Lot Width: The distance of an imaginary line on a lot parallel to the front lot line and measured between the side lot lines at the building line nearest the street providing access thereto.
63. Maintenance Facility: Any building or structure used for housing maintenance equipment and operations.
64. Mobile Office: A vehicle, with or without self motive power, designed and equipped for human occupancy for industrial, commercial or professional purposes, including but not limited to, temporary offices for the sale of homes and temporary construction management and supervisor trailers.
65. Open Space: Public or private land and aquatic areas which are acquired, regulated or managed to protect the natural environment and significant cultural resources; provide recreational opportunities; shape the pattern of development; or any combination thereof.
66. Open Space Easement: Continuous areas of land varying in dimensions (encompassing public or private land and aquatic areas for the purpose of open space use(s)).
67. Parking Off-Street: A portion of land, other than a street, used for the parking of motor vehicles and available for general public use either free or for remuneration.
68. Parking Space: A portion of land, other than a street, used for the parking or automobiles and available for general public use, either free or for remuneration (see Section VII).
69. Planning Area: An area of land on the Development Plan, the boundaries of which are arterial streets, non-urban areas and other lines set forth on the Development Plan. The specific uses in and the corresponding development standards and requirements applicable to any area of land are determined by the Planning Area within which such area is placed and the provisions of this Development Guide.
70. Planning Commission or Commission: The Douglas County Planning Commission.
71. Planning Office: The Douglas County Planning Office.
72. Principal Use: The primary or predominant use of any lot.
73. Professional Office: A place of business for any of the following: accountants; architects; attorneys; bookkeeping services; brokers (of stocks, bonds, real estate); building designers, persons licensed by the State to practice any of the healing arts; corporate offices; drafting services; financial institutions, including banks, savings and loan associations, insurance companies, credit unions, and credit reporting agencies; development companies, engineers; surveyors and planners; insurance agencies and brokers; interior decorators and designers (no retail sales allowed on premises); laboratories, medical and dental; landscape architects; pharmacies; notaries public; public stenographers, typing and secretarial services; and other similar businesses and professions.
74. Project: One or more lots planned, designed and developed as a unified entity such as a condominium development, cluster development, townhouse development, commercial development, recreational development, etc.
75. Public Sewage and Public Water Facilities: Facilities of the Castle Pines North metropolitan district which are constructed, operated and maintained to provide water and sewerage services to Castle Pines North.
76. Public Utilities: Facilities of a public utility.
77. Public Utility: Every firm, partnership, association, cooperative, company, corporation and governmental agency, and the directors, trustees or receivers thereof, whether elected or appointed, which is engaged in providing bus, electric, rural electric, telephone communications, gas, gas pipeline carrier, water, sewerage, pipelines, road maintenance, fire protection, and emergency medical facilities and services.
78. Recreational Facility: A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.
79. Recreation Facility, Commercial: A recreation facility operated as a business and open to the public for a fee.
80. Recreation Facility, Personal: A recreation facility provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.
81. Recreation Facility, Private: A recreation facility operated by a non-profit organization and open only to bona fide members and guests of such non-profit organization.
82. Recreation Facility, Public: A recreation facility operated by a governmental agency and open to the general public.
83. Recreation Vehicle: A motor home, travel or camping trailer, boat, van or truck camper, with or without self-motive power.
84. Retail Commercial: A commercial use characterized by the selling of tangible goods, wares and merchandise directly to the consumer.
85. Riding Trails Hiking Trails and Biking Trails: A trail or passageway arranged, designed and intended for use by equestrians, pedestrians and cyclists using non-motorized bicycles.
86. Right-of-Way or Passageway: An area or strip of land, either publicly or privately owned, over which a right of passage has been recorded for the use by vehicles, or pedestrians, or both.
87. Service Commercial: A commercial use characterized by selling of services and intangibles directly to the consumer.
88. Setback: The length of any required yard measured perpendicular to the lot line.
89. Sign: "Sign" means a surface or space, whether continuous or not, which attracts the attention, identifies a business or building, conveys a message to any person by means of letters, numbers, figures, symbols, projected images or other devices or representations.
90. Site Development Plan: The plans and supplemental materials drawn and submitted in accordance with the requirements of the adopted Douglas County Regulations and the Castle Pines North Design Guidelines to evaluate a project prior to the issuance of design approval or a building permit.
91. Special Community Event: A temporary event, sponsored by an association, property owners association, other community organization or the owner of major portion of the land within Castle Pines North such as golf tournaments, fireworks, parades, swim meets, community picnics, athletic event, non-motorized vehicle races, rodeos, Christmas and holiday pageants and other outdoor programs. 92. Site Coverage That portion of the lot that is covered by buildings and structures.
93. Story: That portion of a building included between an upper surface of any floor and the upper surface of the floor next above, except that the top most story shall be that portion of a building included between the upper surface of the top most floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under floor space is more than 6 feet, above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet, above grade as defined herein at any point, such basement or unused under floor space shall be considered as a story.
94. Street: A public or private right-of-way for motor vehicles other than an alley or driveway.
95. Structure: Anything constructed or erected in, under over, or upon the land; or attached to something, under, over, or upon the land but excluding therefrom off-street parking areas, fences and walls used as fences 6 feet in height or less and public utilities.
96. Structure, Temporary: A structure which is not a permanent structure or one which is constructed for a special purpose in contemplation of removal upon accomplishment of such purpose. The allowable life of the structure shall be based on the appropriate county permits.
97. Subdivision: A parcel of land divided into blocks, lots or plots for immediate or future use or sale, or for building developments; or the act of so dividing the land in a manner which meets state and local subdivision standards.
98. Temporary Contractor Storage Yard: A place for temporary storage of materials used for the construction of structures, roadways, public utilities or landscaping.
99. Temporary Use: A use established for a fixed period of time with the intent to discontinue such use upon expiration of the time period. Temporary uses shall be allowed for a two-year period. Temporary uses established for longer than a two-year period shall be granted extensions in two-year increments by the County Commissioners.
100. Use: The purpose for which land, or portions thereof, of buildings are arranged, designed and intended, or the purpose for which either land or building, or portions thereof, are or may be occupied or maintained.
101. Water Bodies: A channel, natural depression, stream, creek, pond, ditch, reservoir, lake or any place where water in channeled or collected and stands and/or flows either as the result of man-made or natural impoundments.
102. Yard: The area on a lot unoccupied and unobstructed from the ground upward, except for certain items as otherwise provided in this Development Guide, such as landscaping, walkways or patios.
103. Yard, Front: A yard extending across a lot between the principal building nearest the public street providing access thereto and the edge of the curb nearest such building or, in absence thereof, the edge of the paved road surface.
104. Yard, Rear: A yard extending across the full width of a lot between the principal building on the lot nearest to the rear lot line, and the rear lot line.
105. Yard, Side: A yard extending from the front yard to the rear yard between the principal building nearest to a side lot line, and such side lot line.
106. Zero Lot Line: A situation in which either:
a. two adjoining structures or adjacent but separate properties share a common wall, or
b. a structure is built up to its property line with no easement or setback requirement.
