The words and phrases used in this Article shall have the meanings defined below:

Accessory building or structure means a building or structure detached from a principal building and customarily used with, and clearly incidental and subordinate to, the principal building or use, and located on the same lot with such principal building. See Figure 2-1.

Figure 2.1

Accessory Dwelling Unit (ADU) means an apartment integrated within a single-family dwelling, or located in a detached accessory building or structure located on the same lot as a single-family dwelling. For purposes of calculating residential density, each ADU shall count as one-half (½) dwelling unit.

Accessory use means a use incidental to or subordinate to the principal use of a lot or contiguous lots in the same ownership or commonly associated with the principal use and integrally related to it.

Agriculture or agricultural means the keeping or maintenance for sale, lease or personal use of plants and animals, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; cattle, sheep, swine, horses and goats; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation program.

Alley means the public or private right-of-way or easement within a block upon which the rear of a building lot generally abuts. Its use is for secondary access to the lot and/or service purposes. An alley shall not be considered a street.

Alternative Tower Structure means any man-made trees, clock towers, bell steeples, light poles, water towers, farm silos, or similar alternative design mounting structures that conceal where technically feasible the presence of WCFs to make them architecturally compatible with the surrounding area pursuant to Division 9 of Article II. A stand-alone pole in the Right-of-Way that accommodates Small Cell Facilities is considered an Alternative Tower Structure provided it meets the concealment standards of Division 9 of Article II. Alternative Tower Structures are not considered Towers, for the purposes of Division 9 of Article II.

Animal hospital, large means any facility which is maintained by or for the use of a licensed veterinarian in the diagnosis, treatment or prevention of animal diseases wherein the animals treated include cattle, horses, pigs, goats, sheep, swine and any other farm animals. Accessory uses may include the confinement of animals for medical reasons, grooming and destruction.

Animal hospital, small means any facility which is maintained by or for the use of a licensed veterinarian in the diagnosis, treatment or prevention of animal diseases wherein the animals are limited to dogs, cats or other comparable household pets. Accessory uses may include the confinement of animals for medical reasons, grooming and destruction.

Antenna means any device used to transmit and/or receive radio or electromagnetic waves such as, but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one or more elements, multiple antenna configurations, or other similar devised and configurations.

Apartment means a type of multifamily dwelling unit, typically renter rather than owner-occupied. See definition of multifamily dwelling below in Dwelling, multifamily.

Artificial turf means a manmade substitute for organic turf, lawn, or sod which effectively simulates the appearance of a well-maintained lawn.

Assisted living facility means a residential facility that provides meals and assistance with daily activities, such as dressing, grooming, and bathing, for the elderly or adults who are unable to manage these activities themselves.

Automobile wrecking means a building, structure, parcel of land or portion thereof, where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition.

Bar/tavern means an eating/drinking establishment providing or dispensing by the drink for on-site consumption fermented malt beverages and/or malt, special malt, vinous or spirituous liquors, and in which the sale of food products, such as sandwiches and light snacks, is secondary. A bar/tavern may include provision of live entertainment and/or dancing; however, a bar/tavern shall not include any sexually oriented business use.

Base Station means a structure or equipment, other than a tower and equipment associated with a tower, at a fixed location that enables FCC licensed or authorized wireless communications between user equipment and a communications network. The term includes without limitation:

A.

Equipment associated with wireless communications services such as private broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul that, at the time the relevant application is filed with the Town under Division 9 of Article II, has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

B.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplied, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks) that, at the time the relevant application is filed with the Town under Division 9 of Article II, has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

The definition of Base Station does not include any structure that, at the time the relevant application is filed with the Town under Division 9 of Article II, does not support or house equipment described in paragraphs A and B above.

Bed and breakfast establishment means an owner-occupied single-family dwelling where up to a maximum of five (5) rooms may be rented for overnight lodging. The five (5) lodging rooms may be in addition to bedrooms used by a resident family.

Borrow pit means an excavation dug to provide material (borrow) for fill elsewhere.

Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is governed by the following characteristics:

a.

Is permanently affixed to the land.

b.

Has one (1) or more floors and a roof.

Building height means the vertical distance from the average of the finished ground level at the center of all walls of a building to the highest point of the roof surface, exclusive of chimneys, ventilators, pipes and similar apparatus. See Figure 2-2.

Figure 2.2

Business services mean retail or service establishments whose customers are primarily other businesses.

Camouflage or Camouflage Design Techniques means any measures used in the design and siting of Wireless Communication Facilities with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A WCF Site utilizes Camouflage Design Techniques when it (i) is integrated as an architectural feature of an existing structure such as a cupola, or (ii) is integrated in an outdoor fixture such as a water tank, while still appearing to some extent as a WCF. This definition does not include the use of Concealment design elements so that a facility looks like something other than a wireless Tower or Base Station.

Candela means a unit of measurement equal to the amount of light given out through a solid angle by a source of one (1) candela radiating equally in all directions.

Cargo container means standardized reusable vessels that were:

a.

Originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or

b.

Originally designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes cargo containers, transport containers, cargo boxes, sea crates and portable site storage containers having a similar appearance to and similar characteristics of cargo containers.

Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes. A cemetery may include a funeral home or mortuary or a columbarium, but shall not include a crematory.

Collocation

A.

For the purposes of Eligible Facilities Requests, means the mounting or installation of transmission equipment on an Eligible Support Structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

B.

For the purposes of facilities subject to shot clocks governed by 47 U.S.C. Sec. 332, means attachment of facilities to existing structures, regardless of whether the structure or location has previously been zoned for wireless facilities.

Concealment means utilization of elements of stealth design in a facility so that the facility looks like something other than a wireless Tower or Base Station. Language such as "stealth," "camouflage," or similar in any permit or other document required by the Town Code is included in this definition to the extent such permit or other document reflects an intent at the time of approval to condition the site's approval on a design that looks like something else. Concealment can further include a design which mimics and is consistent with the nearby natural, or architectural features (such as an artificial tree), or is incorporated into (including without limitation, being attached to the exterior of such facility and painted to match it) or replaces existing permitted facilities (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not apparent. This definition does not include conditions that merely minimize visual impact but do not incorporate Concealment design elements so that the facility looks like something other than a wireless Tower or Base Station.

Conditional use means the use of land that is permitted in a zoning district with possible imposition of special conditions to mitigate possible adverse impacts, as provided for in Section 16-2-330 of this Chapter.

Contractor's office means a mobile trailer or any temporary structure used by a construction contractor for headquarter purposes during construction of a subdivision or structure.

Convenience store means a general retail store that sells goods and services and that may include the sale of food products, gasoline, groceries and sundries.

Corner vision clearance triangle means a triangular space at the street comer of a corner lot, free from obstruction to vision.

Crematory means any establishment at which human or other remains are cremated.

Cultivation or cultivate shall mean: (i) all phases of growth of marijuana from seed to harvest; or (ii) preparing, packaging, or repackaging, labeling, or relabeling of marijuana prior to consumption or prior to incorporation into a marijuana-infused product.

Day care center, adult means a facility, whether nonprofit or for-profit, that provides care, protection and supervision for eight (8) or more adults on a regular basis away from their primary residence for less than twenty-four (24) hours per day.

Day care center, child means a state licensed facility, by whatever name known, which is maintained for the whole or part of a day for the care of five (5) or more children who are eighteen (18) years of age or younger and who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as day-care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, centers for developmentally disabled children and those facilities which give twenty-four-hour-per-day care for dependent and neglected children, but specifically excludes any home day care as defined below. Child day care centers are also those facilities for children under the age of six (6) years with stated educational purposes which are operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six (6) grades.

Day care, home means a state-licensed facility for child care in the permanent residence of the provider for the purpose of providing day care and training for a child or children away from their primary residence for less than twenty-four (24) hours per day. Operation of a day care home is subject to the Child Care Licensing Act, Section 26-6-101, et seq., C.R.S., and considered for purposes of this Chapter to be a home occupation.

Detention facility means and includes:

a.

Facilities for the judicially required detention or incarceration of people, where inmates and detainees are under twenty-four-hour supervision by sworn officers, except when on an approved leave; or

b.

Group homes, halfway houses or alternatives to incarceration for individuals previously convicted of sexual assaults, sexual abuse or other sex-related criminal offenses; or

c.

Group homes, halfway houses or alternatives to incarceration containing any individual who will be subject to the issuance of an arrest or escape warrant if he or she leaves the facility.

Provided that the use otherwise complies with this definition, a detention facility may include, by way of illustration, a prison, jail, probation or detention center or juvenile detention home. Detention facilities, except for group homes for juvenile offenders, do not qualify as either a household living or group living facility, and are not allowed in any zoning district.

On occasion, the entities with which the Town contracts for law enforcement services may be required to detain, on a temporary basis, a person who is in violation of the law. Such temporary detention shall not be considered a detention facility under this Chapter. Temporary detention within the Town is restricted to the specific criteria outlined within an agreed upon contract and shall be used only when absolutely necessary for the safety of Town residents.

Development plan, final means a plan of a planned development (PD), together with written materials, showing the character and layout of the tract, including the exact location, square footage and dimension of lots, buildings or building envelopes, yards, courts, parking, fences, common open space and other features; the use of each building and area; the architectural elevations of buildings indicating height, materials and color; detailed landscape plan; streets, curb cuts and alleys; and utilities, drainage and other easements.

Development plan, outline means a conceptual plan of a proposed planned development (PD), together with written materials, showing the general character and layout of the development parcel, including the approximate location and density/intensity of uses, the approximate location of public and common open space, the location of existing and proposed streets and alleys, and the relationship of the development to adjacent areas that it may affect.

Drive-up facility (also known as a drive-in or drive-through facility) means an establishment that, by design, physical facilities, service or packaging procedures, encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles.

Dwelling, multifamily means a residential building containing at least three (3) dwelling units, designed for or occupied by families living independently of each other.

Dwelling, single-family means a residential building on one (1) lot designed for the occupancy of one (1) family.

Dwelling, townhome means a structure comprised of three (3) or more dwelling units connected by shared walls, each of which has direct access to the outside at street level, and each of which is a separately conveyable legal ownership interest.

Dwelling, two-family means a dwelling containing two (2) attached dwelling units, totally separated from each other by an unpierced wall extending from foundation to roof.

Dwelling unit means one (1) or more rooms connected together, but structurally divided from all other rooms in the same structure and constituting a separate, independent housekeeping unit for permanent residential occupancy by humans, with facilities for sleeping, cooking and eating, and with sanitary facilities.

Eligible Facilities Request means a request for approval of the modification of an Existing Tower or Base Station that does not substantially change the physical dimensions of such Tower or Base Station involving:

A.

Collocation of new Transmission Equipment.

B.

Removal of Transmission Equipment.

C.

Replacement of Transmission Equipment.

A request for modification of an Existing Tower or Base Station that does not comply with the generally applicable building, structural, electrical, and safety codes or with other laws codifying objective standards reasonably related to health and safety, or does not comply with any relevant federal requirements, is not an Eligible Facilities Request.

Eligible Support Structure means any Tower or Base Station as defined in this Section, provided that it is Existing at the time the relevant application is filed with the Town under Division 9 of Article II.

Equipment Cabinets mean a cabinet or building used to house equipment used by telecommunication providers at a Wireless Communications Facility. This definition does not include relatively small electronic components, such as remote radio units, radio transceivers, amplifiers, or other devices mounted behind antennas, if they are not used as physical containers for smaller, distinct devices.

Establishment means a place of business, industry or professional office with its furnishings and staff.

Events center means a publicly or privately owned building devoted to assembly of people for social, professional or recreational activities such as meetings, weddings or conferences.

Existing means, for purposes of Division 9 of Article II, a constructed Tower or Base Station that was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable law as of the time of an Eligible Facilities Request, provided that a Tower that exists as a legal, non-conforming use and was lawfully constructed is existing for purposes of this definition.

Family means and includes:

a.

One (1) or more persons related by blood, marriage or adoption, living together as a single household unit; or

b.

A group of not more than five (5) persons not related by blood, marriage or adoption, living together as a single household unit; or

c.

A family foster home, licensed by the State, or certified by the Arapahoe County Department of Human Services or Adams County Department of Social Services, or a state-licensed child placement agency, and having no more than four (4) foster children, shall also be considered a family.

d.

A family shall not include more than one (1) person required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S., unless related by blood, marriage or adoption.

Farmers and artisans market means a temporary retail sales operation where farmers, local growers, producers, ranchers and artisans can sell their produce and products directly to the public. These items may include, but are not limited to: wool, wool products, natural fibers and products from natural fibers, fleece, flowers, herbs, fruits, vegetables, meats, dairy, honey, cheese, beverages, paintings, ceramics and arts and crafts. Farmers and artisans markets may include related events, such as farm and fiber animals for exhibition and/or demonstration. Fiber animals may include rabbits, goats, sheep, alpaca, llamas and yaks. Food vendors and beverages may be sold for the purpose of serving the public attending the market.

Farm-life activities and entertainment means displays, contests and constructions involving the agricultural products of a farm, such as corn mazes, hay tunnels, cooking contests, pumpkin patches, etc., and related activities showcased by festivals, contests, events and admissions, including, but not limited to, hay rides, chuck wagons, community square dances, tractor and horse pulls, sleigh rides, etc.

Financial services means establishments that provide retail banking services, mortgage lending and similar financial services to individuals and businesses. This classification includes those institutions engaged in the on-site circulation of cash money and check-cashing facilities, but shall not include bail bond brokers. This classification also includes Automated Teller Machines (ATMs), a device that dispenses cash and conducts limited banking transactions for customers using a credit card, bank card, or other similar personal banking card. These devices may be part of a bank office, a drive-up banking center or may be freestanding units in retail centers or within other buildings.

Floor Area Ratio (FAR) means the amount of gross floor area of all principal buildings on a lot or block, as the case may be, divided by the total area of such lot, or the block size, respectively, on which such buildings are located. For mixed-use blocks, the residential square footage shall be added to the commercial development for a total block FAR.

Foot-candle means a unit of light or luminance. One (1) foot-candle (f.c.) equals one (1) lumen per square foot of area. When metric units are used, lux is the unit of light quantity. One (1) lux equals one (1) lumen per square meter of area. One (1) foot-candle equals approximately 10.8 lux. For the purpose of establishing consistent measurements, both foot-candles and lux are measured at finished grade.

Full cut-off means a luminaire designed so that light is aimed downward. No light emission is allowed above a horizontal plane through a luminaire's lowest light-emitting part.

Fully shielded light fixture means a light fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane as determined by a photometric test or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed to the light fixture.

Funeral home or mortuary means an establishment in which dead bodies are prepared for burial or cremation and in which wakes and funerals may be held. Funeral home or mortuary does not include a crematory.

Garage, detached means any detached building or portion of a building, including carports, in which private or pleasure-type motor vehicles are stored or kept.

Glare means the sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility; blinding light. The magnitude of glare depends on such factors as the size, position, brightness of the source, and the brightness level to which the eyes are adapted.

Golf course (excluding miniature golf) means a large unobstructed acreage, involving enough room over which to walk or ride, point-to-point, over a generally prescribed course and to strive to send a ball long distances with variable accuracy without unreasonably endangering other players or intruding upon them.

Greenhouse/nursery means a building/structure in which plants and gardening supplies are kept within an enclosed building or a fully screened enclosure; also a retail business selling plants and garden supplies in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. Stock in trade shall be comprised primarily of live plant material, with hardscape materials, such as railroad ties, boulders, landscape gravel and crushed rock, limited to a relatively small percentage of sales.

Gross floor area (GFA) means the total area in square feet of all floors of a building measured from exterior walls.

Group home means a group living facility in which six (6) or more individuals can live together and receive supportive services and are supervised by persons who live in the residence. A group home shall not have more than twelve (12) residents, including supervisory personnel, except as otherwise provided by this Code. Except for group homes for juvenile offenders, group homes shall not include detention facilities, which are not allowed in any zoning district. In addition, a group home shall not include more than one (1) person required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S., except as otherwise provided in this Code. In the event a group living facility for disabled persons does not meet the definition of group home as contained herein, but requires reasonable accommodation pursuant to the Fair Housing Amendments Act of 1988 (42 U.S.C. § 3601, et seq.), such group living facility shall not include more than one (1) person required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S., as amended, except as otherwise provided herein.

Group home for persons with developmental disabilities means a state-licensed group living facility serving not more than eight (8) persons exclusively for the care of persons with developmental disabilities, as defined and regulated by the Colorado Department of Human Services. A group home for persons with developmental disabilities shall not include more than one (1) person required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S.

Group home for the aged means a group living facility of up to eight (8) persons sixty (60) years of age or older who do not require medical attention associated with a residential health care facility. Group homes for the aged persons shall be either:

a.

Licensed as an assisted living residence or alternative care facility by the Colorado Department of Human Services; or

b.

Certified as an adult foster care facility by the Arapahoe County Department of Human Services or Adams County Department of Human Services. A group home for the aged shall not include more than one (1) person required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S.

Group home for juvenile offenders means a group living facility licensed or certified by the State, housing residents placed by the Arapahoe County Department of Human Services, Adams County Department of Human Services or the Colorado Department of Human Services, for purposes of rehabilitation, special care, supervision or treatment for social, behavioral or disciplinary problems. A group home for juvenile offenders shall not have more than fourteen (14) residents, plus additional required staff, and shall not include more than one (1) person required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S.

Group home for persons with behavioral or mental health disorders means a state-licensed group living facility serving not more than eight (8) persons exclusively for the care of persons with behavioral or mental health disorders, as defined and regulated by the Colorado Department of Human Services. A group home for persons with behavioral or mental health disorders shall not include more than one (1) person required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S.

Group living facility means a residential occupancy of all or part of a structure by a group of people that does not meet the definition of household living, motel/hotel or detention facility. In group living facilities, tenancy is arranged on a monthly or longer basis, there is generally a common eating area and the size of the group may be larger than a household. Group living facilities, by way of illustration, may include assisted living facilities, group homes, group homes for juvenile offenders, group homes for persons with development disabilities, group homes for the aged, group homes for persons with behavioral or mental health disorders and nursing homes. Group living facility shall not include detention facilities for adult offenders (persons eighteen (18) years old and older), and group living facility shall not include more than one (1) person required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S., except as otherwise provided herein.

Heliport means an area provided for the landing or taking off of a helicopter.

Home occupation means any business use which is conducted principally within a dwelling by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the dwelling or create more than occasional and minimal vehicular and pedestrian traffic.

Horizontal plane means an imaginary line drawn across the bottom of a light fixture above which no light shall be emitted.

Hospital means an institution providing health services, primarily for in-patients and medical or surgical care of the sick or injured, including related facilities such as laboratories, out-patient facilities, training facilities, central service facilities and staff offices.

Household living means a residential occupancy of all or part of a structure by an individual or a group of people who meet the definition of a family, and where tenancy is arranged on a month-to-month or longer basis.

IESNA means the Illuminating Engineering Society of North America.

Illuminance means the amount of light falling onto a unit area of surface (luminous flux per unit area) measured in lumens per square meter (lux) or lumens per square foot (foot-candles).

Initial horizontal luminance means the lumen rating of a lamp when the lamp is new and has not depreciated in light output (rated lamp lumens). Lamp lumen depreciation equals 1.0. The measurement is taken horizontal to the ground.

Junk means products subject to being dismantled or recycled that include, but are not limited to, scrap lumber, scrap metals and materials, discarded furniture, fixtures, appliances, motor vehicles, parts and tires and all wrecked, abandoned, demolished, dismantled, and inoperable motor vehicles, machinery, trailers and other goods that are so worn or deteriorated as to make them unusable in their existing condition.

Junk yard means any outside area in the Town at which any person shall store or accumulate junk as defined herein.

Kennel means any establishment or other place where one (1) or more animals, such as dogs and cats, are boarded, trained, bred, kept or fed for money or any other consideration, or for sale. A kennel does not include the breeding or boarding of animals as an accessory to a principal permitted agricultural use or a pet shop or a veterinary office or clinic, as defined herein.

Lamp means a generic term for a source that produces optical radiation (i.e. "light"), often called a bulb or tube.

Lamp watts means the rated watts of the lamp, not including the watts of external auxiliaries.

Landfill means a site where the collection of discarded food waste, or any other unwanted or useless material is disposed of by burying it in natural or excavated holes or depressions.

Landscape lighting means lighting not mounted to poles or buildings, for the purpose of illuminating trees, shrubbery and other natural external elements.

Legislative zoning means a rezoning initiated by the Town that is prospective in nature and reflects public policy of a permanent or general character impacting the Town on a scale greater than at the individual property level. Legislative zoning affects a large number of properties and the proposed rezoning is not applicable to a specific individual or readily identifiable group only.

LED means light-emitting diode.

Light pollution means light scattered by the atmosphere that interferes with the appreciation or observation of night skies.

Light trade and technical uses means the fabrication, assembly, packaging or repair, rental or servicing of any commodity, the sale of which is permitted within the subject zoning district.

Light trespass means unwanted light that falls on neighboring properties or produces glare or distraction for observers away from the area for which the light is intended (also called "nuisance glare").

Lighting means light produced by man-made sources, including electric lamps, gas lamps, and similar sources.

Lighting equipment means equipment specifically intended to provide electric illumination, including, but not limited to, luminaires, poles, posts and related structures, electrical wiring, and other necessary or auxiliary components.

Lighting system means, on a site, all manmade lighting sources, associated infrastructure, and controls.

Limited equipment rental means the rental of equipment primarily intended for individual use and minor residential gardening and construction projects. This use does not include the rental, storage or maintenance of large construction equipment (see definition of vehicle/equipment sales and rentals).

Lot line, front means the property line dividing a lot from a street. On a corner lot only one (1) street line shall be considered as a front line and the shorter street frontage shall be considered the front line.

Lot line, rear means the line opposite the front lot line.

Lot line, side means any lot lines other than front lot lines or rear lot lines.

Lumens (lm) means unit of luminous flux; used to measure the amount of light emitted by lamps. One (1) foot-candle is one (1) lumen per square foot.

Luminaire means the complete lighting unit assembly (fixture), consisting of a lamp, or lamps and ballast(s) (when applicable), together with the parts designed to distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply.

Main entry means the primary or principal entrance, place of ingress or egress used most frequently by the public.

Manufactured home means a structure that is:

a.

Installed on a permanent, engineered foundation;

b.

Partially or entirely manufactured in a factory;

c.

A minimum of fourteen (14) feet in width and thirty-six (36) feet in length;

d.

Complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401, et seq.); and

e.

To the extent applicable, complies with all building and safety codes adopted by the Town and set forth in Chapter 18 of this Code.

Manufacturing means establishments involved in the manufacturing, processing, fabrication, packaging or assembly of goods. Natural, manmade, raw, secondary or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site.

Manufacturing, primary means establishments engaged in the initial processing or treatment of raw material or manufacturing of products which require additional processing, fabrication or assembly for ultimate use by the consumer.

Manufacturing, secondary means establishments engaged in the manufacture of products for final utilization or consumption. This usually involves the secondary processing, fabrication or assembly of semi-finished products from a primary manufacturing industry.

Marijuana means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin, including marijuana concentrate. Marijuana or marihuana does not include industrial hemp, nor does it include fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product.

Medical marijuana means marijuana that is cultivated and sold for a purpose authorized by Article XVIII, §14 of the Colorado Constitution.

Microbrewery means an establishment, licensed by the appropriate state and/or federal authorities, where malt liquors are manufactured, and packaged and distributed on- or off-premises, with manufacturing not to exceed fifteen thousand (15,000) barrels of malt liquor on its licensed premises each calendar year. May include food for consumption as an accessory use.

Microdistillery means a business, licensed by the appropriate state and/or federal authorities, typically known as a craft or designer distillery that manufactures spirituous liquors on site for distribution on- or off-premises in quantities not to exceed two hundred (200) barrels of finished product per year. May include food for consumption as an accessory use.

Microwinery means a facility, licensed by appropriate state and/or federal authorities, for the production of wine not to exceed one thousand (1,000) cases per year for distribution on- or off-premises. May include food for consumption as an accessory use.

Mini-storage or self-storage means a provision of storage space for household or commercial goods within an enclosed building with direct public access to individual storage spaces.

Mobile home means any detached single-family dwelling with all the following characteristics:

a.

Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, tub or shower/bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems; and

b.

Designed to be transported on its own wheels.

Mobile home park means any parcel of ground upon which two (2) or more mobile homes are occupied as dwelling units.

Motel/hotel means a building or group of buildings that contain living or sleeping accommodations in guest rooms for transient occupancy and may or may not have individual entrances from outside.

NITS means one (1) candela per meter squared. This is a standard unit of measurement for luminance which is the amount of brightness leaving a surface.

Nursing home means a state-licensed group living facility regulated as a skilled nursing facility, as defined in Section 25-1-107.5, C.R.S.

Off-street loading means a site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, and parking areas designated for loading only. See Figure 2.3.

Off-street parking means a site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives and landscaped areas. See Figure 2-3.

Figure 2.3

Office means establishments providing executive, management, administrative or professional services, including medical or dental services, but not involving the sale of merchandise, except as incidental to a permitted use.

Ornamental lighting means lighting that is not a sign and does not impact the function and safety of an area, but is purely decorative, or used to illuminate architecture and/or landscaping, installed for aesthetic effect.

Outdoor retail display means the temporary outdoor display of goods, materials or other things for sale or rent during a retail business's regular business hours.

Outdoor storage means storage of materials, merchandise, stock, supplies, machines, operable vehicles, equipment, manufacturing materials or chattels of any nature that are not kept in a structure having at least four (4) walls and a roof, regardless of how long such materials are kept on the premises. This definition shall not apply to items for sale to the general public such as new and used cars, recreational vehicles, boats, landscape and building materials, where such items are permitted for sale in the zoning district in which they are located. Outdoor storage shall not apply to the storage of wrecked or inoperable vehicles. (See definition of junk yard.) In addition, outdoor storage does not include outdoor parking of motor vehicles regularly used in connection with the operation of an establishment or parked for less than forty-eight (48) hours for maintenance service.

OTARD means an over-the-air receiving device.

OTARD Antenna means

A.

An antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one (1) meter or less in diameter; or

B.

An antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instruction television fixed services, and local multipoint distribution services, and that is one (1) meter or less in diameter or diagonal measurement; or

C.

An antenna that is designed to receive television broadcast signals.

OTARD antenna structure means any pole, Tower, or other structure designed and intended to support an OTARD Antenna.

Parking lot or parking area means an area, other than a street or alley, designed or used primarily for the temporary parking of vehicles.

Parking, shared means joint use of a parking lot or area for more than one (1) principal use. See Figure 2-3.

Parking stall or space means a surfaced area, enclosed in the main building or in an accessory building or unenclosed, that is designated and used for off-street parking. See Figure 2-3.

Patient means a person who has a debilitating medical condition as defined in Article XVIII, §14(1)(c) of the Colorado Constitution.

Pawnshop means a shop that lends money at interest in exchange for personal property deposited as security.

Permitted use means a use which is listed as a use permitted by right in any given zone district in this Chapter. Uses permitted by right are not required to show need for their location.

Personal services means establishments engaged in the provision of informational, instructional, personal improvement, personal care and similar services.

Primary caregiver means a natural person, other than the patient and the patient's physician, who is eighteen (18) years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition as defined in Article XVIII, §14(1)(f) of the Colorado Constitution.

Primary residence means the residential structure that a person, by custom and practice, makes his or her principal domicile and address and to which the person intends to return, following any temporary absence, such as vacation. Residence is evidenced by actual daily physical presence, use, and occupancy of the primary residence and the use of the residential address for domestic purposes, such as, but not limited to, slumber, preparation of and partaking of meals, regular mail delivery, vehicle and voter registration, or credit, water and utility billing. A person shall have only one primary residence within the Town.

Principal building or structure means a building or structure which constitutes, by reason of its use, the primary purpose for which a lot is used.

Principal use means the primary or predominant use of any lot or parcel, such use possibly occurring in more than one (1) building or structure. Generally, the establishment of any one (1) use listed as permitted by right or conditionally in this Article would constitute the establishment of a principal use on a given lot or parcel.

Public building means any building held, used or controlled exclusively for public purposes by any department or branch of government, state, county, municipality or special district, without reference to the ownership of the building or of the realty upon which it is situated.

Recreation or amusements facilities, private or public means any indoor or outdoor establishment that is maintained or operated for the amusement, patronage or recreation of the general public.

Recreation field means an area consisting of an outdoor field devoted to active sports or recreation, such as football, soccer, baseball, softball, tennis, miniature golf, sport stadiums or the like, intended for public use or for the use of private members.

Recreational vehicle means a vehicle designed to provide temporary living quarters and which is built into, as an integral part of, or as a permanent attachment to, a motor vehicle chassis or van, and shall not include trailers of any kind, but shall include a motor home. Recreational vehicle also means any travel trailer that is mounted on wheels and designed to be towed by a motorized vehicle, and contains windows and sleeping, cooking and heating equipment that were built-in as an integral part of the original design and construction of the vehicle.

Recreational vehicle park means a parcel of land providing space and facilities for motor homes or other recreational vehicles for recreational use of transient lodging.

Recycling facilities means the collection of material for reuse such as aluminum cans, glass, paper, etc.

Refuse collection facilities means a site where the collection of discarded food waste, or any other unwanted or useless material is disposed of by burying it in natural or excavated holes or depressions.

Refuse transfer station means a collection facility, resource recovery center, building or processing site for the temporary deposition, consolidation and aggregation of waste.

Related Accessory Equipment means the Transmission Equipment customarily used with, and incidental to Wireless Communication Facilities antennas, including by way of example, coaxial or fiber-optic cable, regular and backup power supply and remote radio units.

Rental services means a retail business that rents to the general public merchandise, such as furniture, equipment, tools, appliances and similar goods, that are housed inside and outside a building.

Research and development, general means research, development and testing laboratories that do not involve the mass manufacture, fabrication, processing or sale of products. Such uses shall not violate any odor, dust, smoke, gas, noise, radiation, vibration or similar pollution standard as specified herein.

Restaurant means an eating/drinking establishment where the principal business is the sale of food and beverages in a ready-to-consume state where fermented malt beverages, malt, special malt and vinous and spirituous liquors may be produced on the premises as an accessory use. See also restaurant, fast food.

Restaurant, fast food means an eating/ drinking establishment that may be either a freestanding operation, or a non-freestanding operation incorporated into a building within which one (1) or more other compatible and complementary uses exist, and whose principal business is the sale of pre-prepared or rapidly prepared food to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises, and whose design or principal method of operation includes two (2) or more of the following characteristics:

a.

The elimination, in whole or in part, of table service, thus requiring customers to place orders at the counter where the orders are filled;

b.

The food is usually served in edible containers or in paper, plastic or other disposable containers;

c.

The facilities for on-premises consumption of food are insufficient for the volume of food sold by the establishment;

d.

The restaurant may provide a drive-up facility for placing and receiving food orders.

Retail business means establishments that sell, lease or rent consumer, home and business goods, but excluding merchandise/retail uses classified or defined more specifically in this Article (e.g., vehicle-related sales).

Right-of-Way means, in the context of Division 9 of Article II, any public street or road that is dedicated to public use for vehicular traffic.

Rooming, lodging or boarding house means a group living facility where meals, lodging, or both, are provided for compensation for five (5) or more persons, but not more than eight (8) persons, not including members of the proprietor's immediate family who might be residing in the same building. The word compensation shall include compensation in money, services or anything of value. A boarding, lodging or rooming house shall not include more than one (1) person required to register as a sex offender pursuant to Section 18-3-412.5, C.R.S. See also group living facility.

Salvage means any personal property which is or may be stored or accumulated, salvaged for resale, reduction or similar disposition, or which is possessed, transported, owned, collected, accumulated, dismantled or assorted for any of the aforesaid purposes. Without limiting the aforesaid definition of salvage, the term shall include used or salvaged iron, brass, lead, copper and other base metal of metals, and their compounds or combination, used or salvaged rope, lumber, appliances, brick, tile, plumbing fixtures, rags, glass, rubber and similar articles, and used motor vehicles or machinery used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.

Salvage yard means any outside area in the Town at which any person shall store or accumulate salvage as defined herein.

Service station means any building, land area or other premises used for the retail dispensing or sales of vehicular fuels; minor towing, servicing and repair of automobiles and light trucks; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar vehicle accessories. Body and fender work, transmission work, engine overhaul work or repair of heavy trucks or vehicles are excluded from this use. If a use that fits this definition also includes the sale of ready-to-eat food products (not intended for on-premises consumption), groceries and sundries, such use shall be classified as a convenience store as provided above.

Setback means the required minimum distance between the lot line and the closest projection of a building or structure along a line at right angles to the lot line. Setbacks shall be unobstructed from the ground to the sky except cornices, eaves, or similar architectural features may extend into a required setback not more than two (2) feet or as otherwise specifically allowed in this Chapter.

Setback line means the line that is the required minimum distance from any lot line and that establishes the area within which the principal structure must be erected or placed. See Figure 2-4.

Site in the context of Division 9 of Article II for Towers and Eligible Support Structures, a Site means the current boundaries of the leased or owned property surrounding the Tower or Eligible Support Structure and any access or utility easements currently related to the Site. For Alternative Tower Structures, Base Stations and Small Cell Facilities in the Right-of-Way, a Site is further restricted to that area comprising the base of the structure and to other Related Accessory Equipment already installed on the ground.

Site plan means a plan describing with reasonable certainty the type and intensity of a proposed permitted use for a specific parcel of property, in accordance with Section 16-2-310 of this Chapter.

Small Cell Facility means a WCF where each antenna is located inside an enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and primary equipment enclosures are no larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosure, back-up power systems, grounding equipment, power transfer switch and cut-off switch.

Special event means and includes:

a.

Any organized event, specifically including, but not limited to, a circus, carnival, fair, party or celebration which reasonably may be expected to attract more than one hundred (100) persons at any one (1) time.

b.

Exclusions. The term special event shall not include any event sponsored in whole or in part by the Town or another political subdivision of the State, or any organized activities conducted at sites or facilities typically intended and used for such activities. Examples of such exempt activities include, but are not necessarily limited to, sporting events such as golf, soccer, softball and baseball tournaments conducted on courses or fields intended and used for such activities; wedding services conducted at reception halls or similar facilities; funeral services conducted at funeral homes or cemeteries; religious services, wedding services and funeral services conducted at places of worship; or activities occurring within, or upon the grounds of, a private residence or upon the common areas of a multifamily residential development.

Stable means a building for housing domestic animals or livestock.

Strobe light means a scientific instrument that provides a flashing light synchronized with the periodic movement of an object; it can make moving objects appear stationary.

Structure means a combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water.

Substantial change means a modification that changes the physical dimensions of an Eligible Support Structure such that after the modification, the structure meets any of the following criteria:

A.

For Towers, it increases the height of the Tower by more than ten percent (10%), or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater, as measured from the top of an existing antenna to the bottom of a proposed new antenna; for other Eligible Support Structures, it increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater, as measured from the top of an existing antenna to the bottom of a proposed new antenna;

B.

For Towers, it involves adding an appurtenance to the body of the Tower that would protrude from the edge of the Tower more than twenty (20) feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater; for Eligible Support Structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

C.

For any Eligible Support Structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, as determined on a case-by-case basis based on the location of the Eligible Support Structure but not to exceed four (4) cabinets per application; or for Base Stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure;

D.

When the change entails any excavation or deployment more than thirty (30) feet in any direction outside the current site.

E.

When the change would defeat the concealment elements of the Eligible Support Structure by causing a reasonable person to view the structure's intended stealth design as no longer effective;

F.

For any Eligible Support Structure, it does not comply with record evidence of conditions associated with the siting approval of the construction or modification of the Eligible Support Structure or Base Station equipment, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in above paragraphs A, B, C and D of this definition.

For purposes of determining whether a Substantial Change exists, changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally, such as on building rooftops; in other circumstances, changes in height are measured from the dimensions of the Tower or Base Station, inclusive of approved appurtenances and any modifications that were approved prior to February 22, 2012.

Teacherage means any housing facility for teachers and other school employees provided by a school district.

Temporary moving or storage containers means a storage container associated with a temporary use, such as building renovation or the process of moving into or out of a dwelling unit. Temporary moving or storage containers, as hereby defined, do not include cargo containers as defined in this Article.

Temporary use means a land use that is only permitted for a specified period of time.

Tower means a structure that is designed and built for the sole or primary purpose of supporting any FCC licensed or authorized antennas and their associated facilities, including but not limited to, private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul and the associated site. The term includes radio and television transmission towers, self-supporting lattice towers, guy towers, monopoles, microwave towers, common carrier towers, cellular telephone towers and the like. Alternative Tower Structures and Small Cell Facilities in the Rights-of-Way are not Towers.

Translucent means permitting light to pass through but diffusing it so that persons, objects, etc., on the opposite side are not clearly visible. Frosted window glass is translucent but not transparent.

Transmission Equipment means any Equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Utilities, major include generating plants, electrical substations, switching buildings and water or wastewater treatment plants. Major utilities also includes overhead electrical transmission lines and distribution feeder lines that collect and transmit over 110 kV of power. Major utilities does not include uses more specifically defined in this Chapter, including telecommunications facilities.

Utilities, minor means above- and below-ground electrical transmission lines (except as included in the definition of major utilities above); above- and below-ground natural gas lines; flood control or drainage facilities; transportation or communications utilities and similar facilities of public agencies or public utilities; utilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, poles or cables; switch boxes; transformer boxes; cap banks; and underground water and sewer lines. Such minor utility facilities generally do not have employees on-site, and the services may be publicly or privately provided. Minor utilities does not include uses more specifically defined in this Chapter, including telecommunications facilities.

Vehicle/equipment repair, major means repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles or boats, including the sale, installation and servicing of related equipment and parts. This use includes auto repair shops, body and fender shops and transmission and engine overhaul shops. This use excludes junk yards, vehicle dismantling or salvage and tire retreading or recapping.

Vehicle/equipment sales and rentals means sale or rental of automobiles, motorcycles, trucks, tractors, trailers, construction or agricultural equipment, mobile homes, boats and similar equipment, including incidental storage and incidental maintenance.

Vehicle repair, minor means limited repair of automobiles, motorcycles and light trucks that may include tune-ups, brakes, mufflers, automobile glass replacement and other minor repair customarily done in service stations, but in no case shall minor vehicle repair include auto/truck body and fender work or repair of heavy equipment or trucks or repair shops where vehicles are stored in an inoperable condition for more than twenty-four (24) hours.

Vehicle storage means storage of parking tow-aways, impound yards and storage lots for automobiles, trucks, buses and recreational vehicles. Vehicle storage includes only the storage of operable vehicles.

Veterinary offices or clinics means an establishment that provides medical treatment and care to animals, and which may include temporary or overnight boarding of animals that are recuperating from treatment. A veterinary clinic or office does not include a kennel, as that term is defined above.

Warehousing and distribution means a permanent facility for the storage of products, supplies, and equipment offered for distribution (not for direct sale to the general public). Goods are generally delivered to other firms or the final consumer, except for some will call pickups. There is little on-site sales activity with the customer present. Accessory uses may include offices, truck fleet parking and maintenance areas.

Wholesale establishment means a use engaged in enclosed wholesale of manufactured products, supplies and equipment, including accessory offices and showrooms. Products may be picked up on site or delivered to the customer. Other accessory uses may include product repair, parking, minor fabrication services and repackaging of goods.

Wireless Communications Facility or WCF means a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332 (c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the Code. A WCF includes an antenna or antennas, including without limitation, directions, omni-directions and parabolic antennas, Base Stations, support equipment, Small Cell Facilities, Alternative Tower Structures, and Towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or handheld radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this Section.

Xeriscape means a landscaping method employing predominantly live, low-water-consuming plant materials that require little or no irrigation.

Yard means an open space unoccupied and unobstructed from the ground upward. See Figure 2.4.

a.

Front yard means a yard extending across the full width of the lot between the front lot line and the nearest line or point of the principal structure.

b.

Rear yard means a yard extending across the full width of the lot between the rear lot line and the nearest point of the principal structure.

c.

Side yard means the yard between a principal structure and the side lot line measured horizontally at right angles to the side lot line from the side lot line to the nearest point of the main principal structure.

Figure 2.4

Zoning district means an area or area within the limits of the Town for which the regulations and requirements governing development, including use, lot, area of buildings and other requirements, are uniform.

Zoning Map means the official zoning map adopted by the Town by ordinance, as amended.

(Ord. 646-14 §1(Exh. A), 12-9-2014; Ord. No. 649-15, §2, 3-24-2015; Ord. No. 661-16, §§ 1, 2, 2-23-2016; Ord. 663-16, §2, 6-28-2016; Ord. 679-17, §4, 12-12-2017; Ord. 696-19 §8, 2019; Ord. 742-22, §12, 6-14-2022; Ord. 754-22, §§1, 2, 8-9-2022; Ord. 773-23, § 1, 7-25-2023)