17.10.010 General.
For the purpose of this title, certain terms and words are defined and shall have the meanings ascribed to them unless it is apparent from the context that a different meaning is intended. [Ord. 719 § 2, 2008. Code 1999 § 17-5-1].
17.10.020 Specific definitions.
“Applicant” means any owner of a legal or equitable interest, other than a mortgage or other security interest, in real property within the town of Granby, or qualified representative thereof, including the heirs, successors and assigns of such ownership interests.
“Board” means the board of trustees, or BOT, of the town of Granby, Colorado.
“Bylaws” means any instruments, however denominated, which are adopted by the association for the regulation and management of the association, including any amendments to those instruments.
“CCIOA” means the Colorado Common Interest Ownership Act, Article 33.3 of Title 38 of the Colorado Revised Statutes, as amended.
“Code” means the municipal code of the town of Granby, Colorado.
“Commission” means the planning commission of the town of Granby, Colorado.
“Common interest community” means real estate described in a declaration with respect to which a person, by virtue of such person’s ownership of a condominium unit or townhouse unit, is obligated to pay for real estate taxes, insurance premiums, maintenance or improvement of other real estate described in a declaration. Ownership of a condominium unit or townhouse unit does not include holding a leasehold interest in a unit of less than 40 years, including renewal options. The period of the leasehold interest, including renewal options, is measured from the date the initial term commences.
“Condominium” means a common interest community in which portions of the real estate are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the condominium unit or town house unit owners.
“Condominium conversion” means the conversion of an existing structure to a condominium.
“Condominium unit” means a physical portion of the common interest community which is designated for separate ownership or occupancy and the boundaries of which are described in or determined from the declaration. If a unit in a cooperative is owned by a unit owner or is sold, conveyed, encumbered, or otherwise is transferred, the right to possession of that unit under a proprietary lease, coupled with the allocated interests of that unit, and the association’s interest in that unit, is not thereby affected.
“Cooperative” means a common interest community in which the real property is owned by an association, each member of which is entitled by virtue of such member’s ownership interest in the association to exclusive possession of a condominium unit or townhouse unit.
“Declaration” means any recorded instruments, however denominated, that create a common interest community, including any amendments to those instruments and including, but not limited to, plats and maps.
“Dedication” means an appropriation of land to some public use, made by the owner and accepted for such use by or on behalf of the public, and by which the owner reserves to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
“Easement” means a conveyance, reservation, or dedication of land for a specified use, such as providing access for maintenance of utilities.
“Final plat” means a map and support materials of certain described land prepared in accordance with subdivision regulations as an instrument for recording of real estate interests with the county clerk and recorder.
“Lot” means any portion of a subdivision which is intended for transfer of ownership or building development, which is a complete ownership entity.
“Master plan” means a plan for guiding and controlling the physical development of land use and circulation in the town of Granby and any amendment or extension of such a plan.
“Minor subdivision” means a subdivision that is:
(1) Exclusively residential with no more than five resulting lots or dwelling units regardless of the zoning district in which it is located; or
(2) A subdivision in the residential/business district (R/B), the central business district (CB), the highway and general business district (HGB), or the industrial district (I) with no more than five resulting lots or units.
“Open space” means land restricted by the subdivision plat and covenants from being covered by structures, parking, street, other improvements, except that parks, playgrounds, trails for pedestrians, nonmotorized vehicles, underground utilities, reservoirs and pump stations may be located thereon.
“Organizational documents” means those documents relating to the creation, organization and operation of the owners association or other similar body governing the operation of a common interest community, including but not limited to articles of incorporation, bylaws, declarations and covenants.
“Parcel” means a piece of property which is a separate ownership entity on the tax rolls at the date of adoption of the ordinance codified in this title, or which in the past has been conveyed separate and apart from any other tract which it may form a part of prior to the original adoption of the ordinance codified in this title.
“Planned development overlay district (PDOD)” means an area of land controlled by one or more landowners, to be developed under unified control or unified plan of development (planned development or PD) for a number of dwelling units, commercial, educational, recreational, or industrial uses, or any combination of the foregoing, the plan for which may not correspond in lot size, bulk or type of use, density, lot coverage, open space, or other restrictions of the conventional land use regulations of the Granby zoning ordinance.
“Preliminary plat” means a preliminary submittal of a proposed subdivision and specific supporting materials drawn and submitted in accordance with the requirements of this title, to permit the evaluation of the proposal prior to detailed engineering and design.
“Reservation” means a legal obligation to keep property free from development for a stated period of time, not involving any transfer of property rights.
“Resubdivision” means the further division of any lot or tract or parcel as designated on any subdivision plat previously recorded with the Grand County clerk and recorder and that was originally platted under these regulations.
“Right-of-way” means the width between property lines of a street.
“Site-specific development plan” means, for all developments, the final approval step, irrespective of its title, which occurs prior to building permit application. The board may by agreement with the applicant designate an approval other than those described above to serve as the site-specific development plan approval for a specific project.
“State” means the state of Colorado.
“Street” means a way for vehicular traffic, further classified and defined as follows:
(1) “Arterial streets” means those which permit the relatively rapid and unimpeded movement of large volumes of traffic from one part of the community to another.
(2) “Collector streets” means those which collect traffic from minor streets and carry it to arterial streets or to local traffic generators such as neighborhood shopping centers and schools. “Collector streets” include the principal entrance streets to a residential development, those linking such adjacent developments and those streets providing circulation within such developments.
(3) “Minor streets” means those used primarily for direct access to properties abutting the right-of-way. “Minor streets” carry traffic having an origin or destination within the development and do not carry through traffic.
(4) “Private streets” means all streets and roadways that are not public streets.
(5) “Public streets” means streets and roadways that are open and available to the public, and are owned by the state of Colorado, the town, a special district or homeowners’ association designated by the town which may be maintained and/or repaired by the state, the town or special district or homeowners’ association designated by the town, an owners’ association, or other entity designated by the town.
“Subdivision” means the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other division of land for the purpose, whether immediate or future, of sale or of building development. It includes resubdivision, and when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. The definition of subdivision shall also include the establishment of separate air space.
“Town” means the town of Granby, Colorado.
“Townhouse unit” means a unit in a common interest community consisting of a fee simple interest in an individually deeded lot and dwelling plus a membership right in a homeowners’ association which owns the common areas in fee simple as provided in the declaration.
“Vested property right” means the right to undertake and complete the development plan. [Ord. 839 § 1, 2015; amended during 2011 recodification; Ord. 719 § 2, 2008. Code 1999 § 17-5-2].