(a)

Minimum required. The provisions of this code shall be regarded as the minimum requirements for the protection of the public health, safety, and general welfare.

(b)

Liberal construction. This code shall be liberally construed to further its stated purposes, subject to any limits imposed by state or federal law.

(c)

Rules of construction of language.

(1)

Words and phrases shall be read in context and construed according to common usage. Words and phrases that have acquired a technical or particular meaning, by legislative definition or otherwise, shall be construed accordingly.

(2)

More detailed text or code requirements shall prevail over more general statements.

(3)

The words "shall" or "must" always indicate something mandatory. The words "may" and "should" are permissive.

(4)

Unless the context clearly indicates otherwise, words used in the singular number include the plural and words used in the plural number include the singular.

(5)

The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

(6)

Unless the context clearly indicates otherwise, each reference to law, plan, code, regulation, standard, or source of information outside this Code shall refer to the latest version or edition of that document as amended by the entity responsible for its approval or publication.

(7)

Each reference to a public official, including but not limited to the director, fire official, chief building official, town engineer, or town public health official, shall include any person under the control or direction of such official and to whom the official is lawfully permitted to delegate authority to perform some of the official's duties.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

In computing a period of days, the first day is excluded and the last day is included unless the last day of any period is a Saturday, Sunday, or a federal or state holiday, in which case the last day shall be the next working day.

(b)

Unless otherwise specified in these regulations, the term "days" shall refer to calendar days.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

Interpretation of code text and standards.

(1)

The planning director shall be responsible for interpreting the text, standards, and requirements of this code, and shall do so based on the need to comply with applicable state or federal law and to carry out the purposes stated in this code.

(2)

When requested by an applicant for a permit or approval under this code, the planning director shall make such interpretation in writing and available to the public, and such interpretation shall be applied to similar situations unless and until the planning director determines that a different interpretation is needed to comply with subsection (1) above.

(3)

Interpretations of this code by the planning director may be appealed pursuant to section 16-48(b)(1), Appeal.

(b)

Interpretation of zoning district boundaries.

(1)

General. If the location of a zoning district boundary line is not readily determinable from the official zoning map, the location of the zoning district boundary line shall be determined by the planning director based on the following standards. Where more than one (1) of these standards is applicable to a given situation, the applicable provision stated earlier in the list below shall control.

(i)

Where a zoning district boundary line is shown abutting a highway, road, street, or alley right-of-way that does not appear to be located within any zoning district, the zoning district boundary line shall be deemed to be in the center of that right-of-way.

(ii)

Where a zoning district boundary line is shown as approximately following subdivision plat lot lines, municipal boundaries, or county boundary lines, the zoning district boundary line shall be deemed to coincide with those lines or boundaries.

(iii)

Where a parcel within a zoning district has a boundary line shown by a specific dimension, that dimension shall control.

(iv)

Where a zoning district boundary line is located with reference to a fixture, monument, or natural feature, the location of the boundary with respect to the attribute shall control.

(v)

The location of a zoning district boundary line located with reference to a natural feature shall be at the outer edge or boundary of the natural feature.

(vi)

In all other circumstances, the location of the zoning district boundary line shall be determined by scaling the distance on the official zoning map from known survey markers or other features with known locations.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

Floor area, net.

(1)

The total horizontal area of the floors of a building measured from the exterior walls, or from the centerline of a wall separating two (2) buildings, but not including interior parking spaces and maneuvering areas, or any space where the floor to ceiling height is less than seven and a half (7 ½) feet.

(b)

Floor area, gross.

(1)

The total horizontal area of the floors of a building measured from the exterior walls, or from the centerline of a wall separating two (2) buildings.

(c)

Floor area ratio.

(1)

The gross floor area of all buildings on a lot, divided by the lot area.

(d)

Fractions.

(1)

When a computation of a requirement under this Code results in a fraction, the requirement shall be rounded to the nearest whole interval. Fractions of less than half (0.5) shall be rounded down to the next lowest whole number. Fractions of half (0.5) or greater shall be rounded up to the next highest whole number.

(e)

Height, building.

(1)

Building height is measured from the average finished grade of the major building corners, measured at the corners of the building closest to each corner of the lot or parcel.

(2)

For a flat roof, building height is the vertical distance from the average finished grade to the ceiling of the highest floor level in the building, excluding any parapet.

(3)

For a pitched, gambrel, or hip roof, building height is the vertical distance from the average finished grade to the midpoint between the eave and the highest point of the roof.

(4)

For a building where the ground floor levels for different portions of the building vary by more than two (2) vertical feet, height is measured separately for each portion of the building with a different ground floor level.

(5)

Building height is measured as described in the adopted building code applicable to the structure.

(f)

Height, fence.

(1)

Fence height is measured from one (1) the top of the fence, excluding fence poles, posts, and finials that do not extend more than one (1) foot above the primary horizontal fence structure and that are spaced at least six (6) feet apart from each other to the existing grade on both sides of the fence. If the height on the two (2) sides of the fence varies, then the larger of the two (2) measurements shall be used in determining the height of the fence.

(2)

If the planning director determines that the existing grade upon which the fence is located has been altered for the primary purpose of allowing a taller fence, the fence height shall be calculated from the existing grade prior to such alteration.

(g)

Height in the AP-O district.

(1)

For the purpose of determining the height of structures, objects, ground, property, and airspace, the datum shall be mean sea level elevation unless otherwise specified and heights shall be measured as required by regulations of the Federal Aviation Administration or other federal air safety authority.

(h)

Lot area.

(1)

The total area within the platted boundary lines of a lot.

(i)

Lot coverage.

(1)

The percentage equal to the total surface area of the lot covered by improvements, including but not limited to building footprints, decks, or patio covers, divided by the total area of the entire lot.

(j)

Lot depth.

(1)

The average distance from the rear lot line to the front lot line, or if there is no rear lot line, the average distance between the front line and the intersection of two (2) side lot lines.

(k)

Lot width.

(1)

For lots with a consistent width from front to rear lot line, the horizontal distance between the side lot lines, measured along a straight line parallel to the front lot line.

(2)

For corner lots or irregular lots, the length of a line between the two (2) side lot lines that is measured at the front building setback line, and at right angles to an axis connecting the midpoints of the front lot line and the rear lot line.

(l)

Residential density.

(1)

Gross residential density shall be calculated by the number of dwelling units per gross acre.

(m)

Setback, front.

(1)

The shortest distance between the front lot line and any point on a primary or accessory structure for which section 16-60, Exceptions and encroachments, does not provide an exception from setback requirements.

(n)

Setback, rear.

(1)

The shortest distance between the rear lot line and any point on a primary or accessory structure for which section 16-60, Exceptions and encroachments, does not provide an exception from setback requirements.

(o)

Setback, side.

(1)

The shortest distance between a side lot line located between the front and rear setback lines and any point on a primary or accessory structure for which section 16-60, Exceptions and encroachments, does not provide an exception from setback requirements.

(p)

Sign area.

(1)

The sum area of the surface of each plane of the sign, within the outermost edge or border of the plane. The sign area of freestanding letters not attached to a surface or plane shall be the area enclosed within the smallest geometric figure needed to completely encompass all of the letters, words, or symbols. This area does not include structural or architectural features unless those features are related to or an integral part of the message of the sign.

(q)

Sign height.

(1)

For a freestanding sign, the distance between the topmost point on a sign face and the grade level of the support post (for a pole sign) or the midpoint of the longest axis of the base of the sign (for a monument sign).

(2)

For a wall or projecting sign, the distance between the midpoint of the lower edge of the sign face, and the midpoint of the upper edge of the sign face.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

This section defines certain terms used in this Code. If a term is not defined in this Code, the planning director may use a definition from a list of definitions published by an organization of professionals engaged in the application of that definition, including but not limited to the American Institute of Architects, the American Planning Association, the International Code Council, the National Fire Protection Association, and the Institute of Transportation Engineers. The planning director may also use a definition contained in a published dictionary in general use, including but not limited to the Merriam-Webster dictionary, that the planning director determines is consistent with the intents expressed in this Code and with applicable Colorado or federal law.

A

Abutting means meeting, adjoining, or touching at some point or along a property or lot line, and not separated by any street, alley, rail right-of-way, irrigation ditch easement, or other right-of-way.

Accessory building or structure means a secondary building or structure located on the same lot as the primary structure, the use of which is incidental and subordinate to the principal use and is not classified as a dwelling unit.

Accessory dwelling unit means an internal, attached, or detached dwelling unit that:

(1)

Provides complete independent living facilities for one (1) or more individuals;

(2)

Is located on the same lot as a proposed or existing primary single-household detached dwelling; and

(3)

Includes facilities for living, sleeping, eating, cooking, and sanitation.

Accessory outside storage means the outside placement of items that are customary and incidental to the principal use of the property.

Accessory use means a use that is clearly secondary and subordinate to the principal use of the lot or parcel and is located on the same lot or parcel as the principal use.

Adjacent means meeting, abutting, adjoining, or touching at some point, or located across a street, alley, rail right-of-way, irrigation ditch easement, or other right-of-way.

Adjacent property owner means an owner of record of any estate, right, or interest in real property that is adjacent to the subject land.

Administrative review means review of an application under this Code by the planning director or another town official or employee to whom the town council have delegated authority to make that type of decision and that does not include review by the planning commission or town council.

Adult entertainment means an establishment such as an auditorium, bar, cabaret, concert hall, nightclub, restaurant, theater, or other commercial establishment, other than an adult retail establishment, that provides amusement or entertainment featuring one (1) or more of the following:

(1)

A live performance, act, or escort service distinguished or characterized by an emphasis on the depiction, description, exposure, or representation of specified anatomical areas or the conduct or simulation of specified sexual activities.

(2)

Audio or video displays, computer displays, films, motion pictures, slides or other visual representations or recordings characterized or distinguished by an emphasis on the depiction, description, exposure, or representation of specified anatomical areas or the conduct or simulation of specified sexual activities.

Agricultural labor housing means housing occupied by individuals that are primarily engaged with or employed by an agricultural operation and family members of those employed.

Agricultural land means any land used primarily for the production of crops or livestock, including but not limited to: irrigated meadows, irrigated and dry pasture, irrigation ditches, stock drive routes, and lands used for barns, corrals, or storage of crops or agricultural products. Agricultural land does not include lands used primarily for the production of commercial timber.

Agricultural operation means the cultivation of agricultural or horticultural crops, composting, aquaponics, aquaculture, hydroponics, the keeping of livestock or poultry, dairy operations, or any combination of these activities. Accessory uses commonly include greenhouses or other facilities and storage necessary for the management of the agricultural operation or transport of products.

Agricultural products means products derived from cultivation of plants, rearing animals, and other activities related to farming, ranching, and agricultural production such as vegetables, fruits, dairy products, eggs, grains, meat, poultry, fish, honey, hay, bedding plants, flowers, herbs, wool, wood, and finished compost.

Agritourism, temporary means activities conducted on a parcel with a primary agricultural use and offered to the public for the purpose of recreation, education, or active tourism related to the agricultural use. These activities shall be incidental to the primary agricultural use on the site or related to natural resources present on the property. This use includes site tours, hayrides, corn mazes, classes related to agricultural products or skills and picnic or party event facilities offered in conjunction with the above.

Airport-related definitions. As used in the regulation of development or activities on or around an airport, heliport, or accessory helipad, including without limitation development or activities in the AH zoning district or the AH-O overlay zoning district, the following terms shall have the following meanings:

Airport or heliport means a principal use of land designed and improved for the landing and takeoff of aircraft that may be equipped with hangars, facilities for refueling and repairing aircraft, accommodations for passengers and cargo, and adjacent land used in connection with the operation of aircraft.

Airport elevation means the highest point of an airport's usable runways, measured in feet above mean sea level.

Airport imaginary surfaces means imaginary areas in space and on the ground, defined by FAR Part 77, Subpart C, that are established in relation to the airport and its runways. Imaginary areas are defined by dimensions of the primary surface, runway protection zone, approach surface, horizontal surface, conical surface, and transitional surface.

Approach surface means a surface that is longitudinally centered on the extended runway centerline and extends outward and upward from each end of the primary surface, sometimes designated as an approach zone. Its dimensions are defined by FAR Part 77 Subpart C.

Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet.

Direct impact area means the area located within five thousand (5,000) feet of an airport runway or two thousand (2,000) feet of a heliport, excluding lands within the runway protection zone and approach surface.

Helipad, accessory means an accessory use of land designed and improved for the landing and takeoff of rotorcraft capable of carrying passengers and that may be equipped with facilities for refueling rotorcraft and for loading and unloading passengers and cargo, but that does not include facilities for the repair or storage of rotorcraft.

Horizontal surface means a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is defined in FAR Part 77 Subpart C.

Obstruction means any built structure, tree, plant, or other object of natural growth that penetrates an airport imaginary surface.

Primary surface means a surface longitudinally centered on a runway with dimensions and requirements specified in FAR Part 77 Subpart C.

Runway means a defined airport area that is prepared for landing and takeoff of aircraft along its length.

Runway protection zone (RPZ) means a trapezoid-shaped area prior to the threshold or beyond the runway end that protects people and property on the ground by keeping the area clear of any incompatible objects and activities. The requirements and dimensions are specified in FAA Advisory Circular 150/5300-13B, Airport Design.

Secondary impact area means the area located between five thousand (5,000) and ten thousand (10,000) feet from an airport runway or between two thousand (2,000) and four thousand (4,000) from a heliport.

Transitional surface means a surface extending outward and upward, at right angles to the runway centerline and runway centerline extended, from the sides of the primary surface and the approach surfaces, at a slope of seven (7) feet horizontally for each one (1) foot vertically. Transitional surfaces for those portions of the precision approach surfaces that project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at a 90-degree angle to the extended runway centerline.

Alley means a public or private right-of-way providing secondary access to the rear of one (1) or more lots or parcels of land, and/or for the delivery of public services such as utility maintenance or garbage collection, and not intended for general travel or for general motor vehicle circulation.

Alluvial fan means a fan-shaped area in the natural landscape where sediments have accumulated, usually emerging from a constricted area of flow to spread outward. Alluvial fans carry increased flood risk, particularly of high-velocity and unpredictable flooding.

Animal day care and grooming means any place or premise used in whole or in part to provide care and service for animals, including grooming, training, day care, and other services that do not require the overnight boarding of animals.

Applicant means a person or entity submitting an application for land use subject to this Code.

Appurtenances means the visible, functional, or ornamental objects accessory to and part of a building.

Archaeological resource, cultural resource, or historical resource means resources that have been designated by the town or are recognized or historically known to the town that are on the National Register of Historic Places, that may be considered under the National Historic Preservation Act, or that are included in an established list of places compiled by History Colorado, the Office of Archaeology and Historic Preservation, or any local historic preservation program.

Area median income (AMI) means the median annual household income in a given region or geographical area as determined and published annually by the U.S. Department of Housing and Urban Development.

Area or activity of state interest (1041) definitions. When used in connection with designation or regulation of areas and activities of state interest pursuant to C.R.S. 24-65.1-101 et. seq. (sometimes referred to as 1041 regulations) the following terms shall have the following meanings. Additional terms related to the designation or regulation defined in C.R.S. 24-65.1-102, 103, and 104 shall have the meanings assigned in those statutes.

Areas around a key facility means areas that are immediately and directly affected by an airport, a major facility of a public utility, an interchange involving arterial highways, or a rapid or mass transit terminal, station, or fixed guideway.

Arterial highway means a fully or partially-controlled access highway, with no or very few intersecting roadways to hinder traffic flow that is part of the federal-aid interstate system or any limited-access highway constructed under the supervision of the Colorado Department of Transportation.

Collector highway means a major thoroughfare serving as a corridor or link between municipalities, unincorporated population centers or recreation areas, or industrial centers and constructed under guidelines and standards established by the Colorado Department of Transportation, or under the supervision of, the Colorado Department of Transportation. Collector highways gather traffic from local roads and funnel them to the arterial network. In rural areas, collector highways generally serve primarily intra-county (rather than statewide) travel and where travel distances are generally shorter than on arterial routes. The term does not include a town street, local service road, or a town road designed for local service and constructed under the supervision of local government.

Domestic water and wastewater treatment system means a wastewater treatment plant, water supply system, or water treatment plant and any system of pipes, structures and facilities through which wastewater is collected for treatment.

Geologic hazard means geologic hazards include but are not limited to avalanches, landslides, rock falls, mudflows, unstable or potentially unstable slopes and soils, seismic effects, radioactivity, abandoned mine lands, and ground subsidence.

Historical or archaeological resources of statewide importance means resources that have been officially included in the National Register of Historic Places, designated by statute, or included in an established list of places compiled by History Colorado, the Office of Archaeology and Historic Preservation, or any local historic preservation program.

Major facilities of a public utility:

(1)

Central office buildings of telephone utilities, transmission lines, power plants, battery storage facilities, hydrogen or alternative fuel storage facilities, and substations of electrical utilities; and

(2)

Pipelines and storage areas and facilities of utilities providing natural gas or other petroleum derivatives.

Mass transit means a coordinated system of transit modes providing transportation for use by the general public.

Mineral resource area means an area in which minerals are located in sufficient concentration in veins, deposits, bodies, beds, seams, fields, pools or otherwise as to be capable of economic recovery. The term includes any area in which there has been significant mining activity in the past, there is significant mining activity in the present, mining development is planned or in progress, or mineral rights are held by mineral patent or valid mining claim with the intention of mining. Unless the area includes all or part of another designated area of state interest, an area of oil and gas or geothermal resource development may only be designated as a mineral resource area if it has been identified for designation by the Colorado Energy and Carbon Management Commission.

Natural hazard area means an area containing or directly affected by wildfire hazard, flood hazard, or geologic hazard. An area of corrosive soil, expansive soil and rock, or siltation shall not be included in this term or designated as an area of state interest unless the Colorado Water Conservation Board, through the local conservation district, identifies such area for designation. Floodplains shall not be included in this term until such designation has been first approved by the Colorado Water Conservation Board pursuant to C.R.S. 30-28-111 and 31-23-301.

Natural resources of statewide importance means shorelands of major, publicly owned reservoirs and significant wildlife habitats in which the wildlife species, as identified by Colorado Parks and Wildlife could be endangered.

Art gallery, library, or museum means a facility or area that is open to the public and is intended for the display, appraisal, purchase, sale, loan, of art, books, paintings, sculpture, or other works of original art that have architectural, artistic, cultural, literary, historical, or scientific value.

Assembly, religious or secular means a facility for social, educational, worship, or recreational purposes primarily for members and their guests. This term includes those required to be permitted in connection with the exercise of rights protected by the religious land use and Institutionalized Persons Act codified at 42 USC 2000, et seq.

B

Backyard poultry means the noncommercial or agricultural raising and caring of poultry.

Bar or tavern means an establishment primarily devoted to the serving of alcoholic beverages by the drink and in which the service of food is only incidental to the consumption of such beverages. This use also includes hookah bars in which patrons consume flavored tobacco from a stemmed instrument designed for vaporizing tobacco.

Batch plant, temporary means a temporary facility for the production of concrete, cement, lime, or asphalt.

Bed and breakfast means a single-household detached or duplex dwelling, or portion of such unit, where short-term lodging rooms and meals are provided and where the operator of the house lives on the premises or in adjacent premises.

Bee keeping means the noncommercial or agricultural raising and caring of bees, bee colonies, or bee hives.

Block means an area containing lots or parcels of land bounded by mapped roads, streets, railroads, designated open spaces, or other boundary features (not including an alley) contained within an approved final subdivision plat or another mapped land area.

Block face means all the lots or parcels on a block that are facing the same public or private right-of-way along an area between two intersecting rights-of-way.

Board of adjustment means the members of town council. Authority and procedures are described in C.R.S. 30-28-117 and 30-28-118 and in section 16-30(3).

Building means any structure having a roof supported by columns or walls and intended for supporting, enclosing, sheltering, or protecting, any use or occupancy. The term shall include modular or prefabricated buildings that do not fall within the definition of manufactured housing or mobile home.

Building codes and standards (BCS) means the building codes and standards adopted by the Colorado Division of Housing.

Building envelope means a designated area on a lot or parcel in which all structures and development shall be constructed or occur, unless specifically excepted or exempted, including but not limited to excavation, landscaping, building, grading, demolition, or filling.

Building footprint means the outline of the total area covered by the perimeter of a building at ground level.

Building material and supply store means a business involved in the sale, storage, and distribution of structure-related supplies and services including lumber, brick, tile, cement, insulation, floor covering, lighting, plumbing supplies, electrical supplies, cabinetry, and roofing materials.

Building permit means a permit that is issued by town prior to the erection, construction, alteration, moving, or relocation of a building or structure.

C

Campground or recreational vehicle park means A parcel of land on which two (2) or more recreational vehicle sites and/or camping sites are located, established, or maintained for occupancy by recreational vehicles or camping units of the general public as temporary living quarters for vacation or recreation purposes.

Camper trailer means A wheeled vehicle without motive power that is designed to be drawn by a motor vehicle over the public highways and that is generally and commonly used for temporary living or sleeping accommodations.

Camping unit means the maximum combination of camping equipment allowed in one (1) campsite that may include but is not limited to a self-propelled or towed recreational vehicle, other vehicle used for temporary human occupancy, or a cabin, tent or other type of shelter intended, designed, or used for temporary human occupancy.

Caretaker's unit means an accessory dwelling unit located on the premises of another principal use for the occupancy of a caretaker, security guard, or other person charged with oversight or protection of the principal use.

Catering kitchen means a facility in which food and/or beverages are prepared for delivery and consumption in other locations, and in which on-site dining for the general public is not provided.

Cemetery means a place designated for the burial or keeping of remains of the dead, human or animal, including such accessory uses as mortuaries, sales of burial plots, mausoleums, columbariums, crematoriums, and maintenance facilities.

Change in land use means any development, grading, construction, activity, or operation that changes the basic character, configuration, design, mass, or use of land or structures the buildings on that land.

Change in land use, substantial means a change in land use resulting in one (1) or more of the following:

(1)

An increase or decrease in the number of dwelling units;

(2)

An increase or decrease in the number of buildings that require a building permit;

(3)

An increase or decrease in the minimum square footage of structures, if a minimum or maximum square footage has been specified in the permit or approval;

(4)

An increase or decrease in projected traffic to or from the site requiring an amendment to an existing highway access permit or the issuance of a new highway access permit;

(5)

An increase or decrease in the area of land to which the existing permit or approval applies;

(6)

An increase in the nonconformity of the site with the requirements of this Code.

Chimney effect means the chimney effect occurs when fire spreads along topographical features that tend to funnel or otherwise concentrate fire toward the top of steep slopes such as narrow box canyons or steep-sided ravines. These topographical features generally have slopes of twenty percent (20%) or more, are less than six hundred (600) feet wide, are at least one hundred twenty (120) feet deep as measured from the bottom of the ravine to the crest of either adjacent ridge or slope, and are less than one-half (½) mile in length.

Clear vision triangle means a triangular area located at the intersection of the rights-of-way of each public or private street, and defined by two (2) lines extending thirty (30) feet from the intersection along each right-of-way line and a third line connecting the end points of those two (2) lines.

A triangular area located at the intersection of the rights-of-way of each public or private street, as defined in the town road and bridge standards.

Cluster development means the concentration of development, including buildings, driveways, and water supply and wastewater treatment facilities on one (1) or more compact areas of a development parcel, with legal commitments to preserve the remainder as productive agricultural land or undeveloped open space.

CMC means the Colorado Marijuana Code codified at C.R.S. 44-10-101, et. seq.

CWBC means the Colorado Water Conservation Board.

Commercial mineral deposits means oil, gas, gravel, and other natural deposits that may be extracted from the land for economic benefit.

Communication tower, other means any tower used for electronic communications or transmission of energy that does not meet the definition of a wireless communication facility or that is not subject to the Federal Communications Commission (FCC), including without limitation:

(1)

A self-supporting, multiple sided, open steel frame structure used to support telecommunications equipment.

(2)

A structure in a fixed location used as an antenna or to support antennas for the primary purpose of transmitting and/or receiving electronic signals. This definition includes nonresidential broadcast, communication, transmission, and similar towers, either freestanding or attached to an adjacent broadcasting or transmitting facility.

Community garden means plot of land where plants are grown and harvested by a non-profit organization or group of individuals for use by the organization and individuals who operate and maintain the garden.

Community meeting facility, recreation hall, or auditorium means a facility for public gatherings and holding events such as weddings, wedding receptions, community meetings, and meetings and events sponsored by neighborhood groups, religious groups, or philanthropic organization, that does not meet the definition of religious or secular assembly.

Composting facility means a facility where organic solid waste is collected, stored, and decomposed in a controlled setting. This term includes activities related to management, collection, transportation, staging, composting, and curing.

Conservation easement means an easement for the purpose of preserving the property's value for recreation, education, habitat, open space, or historical importance.

Construction support activities means a temporary structure used as an office for contractors and builders during construction located at a construction site that serves only as an office until the given construction work is completed. This use includes contractor's offices, equipment storage, and portable lavatories.

Contiguous means sharing an edge or boundary, or touching one (1) another at more than one (1) point or corner.

Continuing care facility means a facility or integrated group of facilities that provides a continuum of accommodations and care, from independent living to convalescence care and long-term skilled nursing care. This use typically includes a full range of living arrangements from independent living, congregate housing, residential care, and skilled nursing and sometimes hospice care. It also provides a range of ancillary facilities and services such as health care, meals with common dining facilities, physical therapy, education, recreation, and other social and cultural activities.

Contractor shop and yard means a lot or portion of a lot or parcel used to store and maintain construction equipment and other materials and facilities customarily required in the building trade by a construction contractor including plumbing, heating, and electrical. This use also includes a contractor's office.

Correction plat means revision of a previously approved final subdivision plat to correct minor surveying, drafting, or wording errors in the plat, and that does not create any additional buildable lots or parcels.

Correctional facility means any penal institution under the supervision of the Colorado Department of Corrections in which persons are or may be lawfully held in custody (detained, kept, or confined). This use includes prisons, jails, or detention centers, whether public or private.

Cottage food means food products that are eligible to be prepared and sold following the requirements of the Colorado Cottage Foods Act codified at C.R.S. 25-4-1614.

Cottage food operation means the preparation and packaging of food in a private home kitchen, or a commercial, private, or public kitchen, when the kitchen is not licensed, inspected, or regulated.

County means the County of Weld, State of Colorado.

Crosswalk means any portion of a roadway at an intersection or elsewhere distinctly indicated as a pedestrian crossing by pavement marking lines on the surface, that might be supplemented by contrasting pavement texture, style, or color.

D

Dairy operation means a parcel or area of land on which one (1) or more lactating hooved animals are kept and from which a part or all of the milk produced is delivered, sold, or offered for sale to a facility for processing or manufacturing purposes.

Day care center, adult means a nonresidential, protective facility specializing in providing activities and socialization for the elderly and/or disabled adults. Care is generally provided during daytime hours, but less than a twenty-four (24)-hour consecutive period, with a variety of planned program activities.

Day care center, child means a facility that is maintained for the whole or part of a day for the care of five (5) or more children under the age of sixteen (16) years and not related to the owner, operator, or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. This use includes facilities commonly known as day care centers, day nurseries, nursery schools, kindergartens, preschools, play groups, day camps, summer camps, and centers for children experiencing physical, mental, or developmental disabilities, those facilities that give twenty-four (24)-hour care for dependent and neglected children, and those facilities for children under the age of six (6) years with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school; except that the term shall not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six (6) grades.

Day-night average sound level (DNL/LDN) means a twenty-four (24)-hour average noise level; the noise level during later night and early morning hours is increased by ten (10)-decibel (dB) before averaging.

Decibel (dB) means the basic unit for measuring the difference of sound pressure levels from a sound event to a reference pressure. To approximate the range of frequencies of sound most audible to the human ear, an A-weighting factor is applied. Sound levels are usually reported in A-weighted decibels, abbreviated dBA.

Deed restriction means a limitation on the use or sale of the property written in the deed that is recorded in the records of the county clerk and recorder.

Density means a unit of measurement of the amount of development on a defined area of land, usually applied to residential development, and usually measured as the number of dwelling units per gross acre of land.

Density, gross means gross density is the amount of development in a defined area, measured without deducting areas occupied by existing or required streets, roads, easements, waterbodies, drainage areas, or other site features.

Density, net means net density is the amount of development in a defined area, measured after deducting areas occupied by existing or required streets, roads, easements, waterbodies, drainage areas or other unique site features. Net density does not include a deduction for lands located within a mapped floodplain.

Development.

(1)

For purposes of flood protection regulations, any manmade change to improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations

(2)

For other purposes, any activity or construction, excluding grading and normal agricultural activities, that changes the existing character or use of the land.

Development agreement means an agreement between a property owner and town that specifies additional terms and conditions related to a permit or approval under this Code, and that may be enforced as a contract separately from those powers in section 16-32, Violations and enforcement, applicable to enforcement of duties and obligations under this Code.

Director means the director of planning, director of community development, or if neither of those positions or their equivalent exist, then the town manager, including any person under control of that individual to whom they have lawfully delegated authority related to making recommendations or decisions under this Code.

Drive-through facility means a site design or building feature that permits customers to receive services, obtain goods, or be entertained from an accompanying principal use through a window, kiosk, speaker, or other structure, while remaining in their motor vehicles.

Dwelling unit means a single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including units constructed on-site and units all or part of which are constructed in an off-site facility and then transported to and assembled into completed dwelling units on-site.

Dwelling, cottage court means a residential development that combines a group of small individual single-household dwelling units, oriented around an open space for communal use of the residents of the development. This definition shall not include any use meeting the definition of a manufactured home community.

Dwelling, duplex means a single building on a single lot, parcel, or tract of land with two (2) independent dwelling units under one (1) roof, each of which is occupied by one (1) household and contains a primary heat source and living facilities for sleeping, cooking, eating, and sanitation.

Dwelling, live/work means a dwelling unit containing an integrated living and working space in different areas of the unit.

Dwelling, manufactured home means a single-household dwelling unit that is:

(1)

Partially or entirely manufactured in a factory;

(2)

Built on a permanent chassis;

(3)

Designed to be used as a dwelling unit;

(4)

Certified to be in compliance with the National Manufactured Housing Construction;

(5)

Safety Standards Act of 1974, 42 USC 5401 et seq., as amended;

(6)

Built to withstand typical Colorado snow loads and wind shear factors; and

(7)

Installed on a permanent foundation.

The term includes a park model dwelling or a tiny house dwelling that meets the definition in this Code. The term does not include travel trailers, camper trailers, campers or self-contained motor homes or camper buses.

Dwelling, modular means a dwelling unit that is manufactured in sections in a factory, none of which sections is a complete dwelling unit, and that is then assembled into a complete dwelling unit on site, provided that the assembled dwelling unit is installed on an engineered permanent foundation, is either:

(1)

Certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq., as amended and is built for the Colorado climate and snow loads pursuant to Department of Housing and Urban Development standards established under the provisions of 42 USC 5401 et seq.; or

(2)

Complies with the town's applicable building code.

The term does not include travel trailers, camper trailers, campers, self-contained motor homes, or camper buses.

Dwelling, multi-household means one (1) or more buildings or portion of buildings on a single lot, parcel, or tract of land that contains five (5) or more individual dwelling units, where each unit is occupied by one (1) household living independently of each other and maintaining separate cooking facilities and where each unit has an individual entrance to the outdoors or to a common hallway. This use includes facilities that provide independent living services but that are not required to be licensed by the state of Colorado.

Dwelling, park model means a single-household dwelling that is partially or entirely manufactured in a factory, contains between four hundred (400) and eight hundred (800) square feet in gross floor area, is installed on an engineered permanent foundation, is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq., as amended, and is built for the Colorado climate and snow loads pursuant to Department of Housing and Urban Development standards established under the provisions of 42 USC 5401 et seq.

Dwelling, single-household attached means a single-household dwelling attached to one (1) or more single-household dwellings by a common vertical wall on one (1) or both sides, that contains a primary heat source and living facilities for sleeping, cooking, eating, and sanitation, and in which each unit has an individual direct entrance to the outdoors.

Dwelling, single-household detached means a single-household dwelling that is not attached to any other dwelling by any means, that contains a primary heat source and living facilities for sleeping, cooking, eating, and sanitation and that complies with the International Residential Code or the town's applicable residential building code. This use also includes a manufactured home, a modular dwelling, a park model dwelling, and a tiny house dwelling that meet the definitions of those uses in this Code.

Dwelling, triplex or fourplex means a single building on a single lot, parcel, or tract of land containing three (3) or four (4) independent dwelling units under one (1) roof, each of which is occupied by one (1) household, and contains a primary heat source and living facilities for sleeping, cooking, eating, and sanitation.

Dwelling, tiny house means a single-household dwelling that is permanently constructed on a vehicle chassis; is not self-propelled; is designed for long-term residency; contains less than four hundred (400) square feet of gross floor area; includes electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at a location other than the site of the completed home; is constructed to the International Residential Code as adopted by the Building Codes and Standards Program of the Colorado Division of Housing; and has affixed to it a metal plate insignia certifying that it is built to those standards. This use does not include recreational park trailers (as defined in C.R.S. 24-32-902), or recreational vehicles (as defined in C.R.S. 24-32-902).

E

Electric vehicle charging station means a facility in which electric vehicle charging services are made available to the public or to a group of occupants or users of the property or development, including the structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

Emergency response facility means a structure used for the temporary shelter and feeding of disaster victims, or the siting of structures or equipment required to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect persons or property from imminent exposure to danger.

Equestrian operation means a facility or place used for horse boarding (including equestrian pasture boarding) and/or equestrian activities involving horse riding, training, practice, exhibition, or driving, and that may include rental or fee arrangements.

Erosion means the process by which soil particles are detached and transported by wind, water, and gravity to a downslope or downstream location.

Expansive soil means rock or soil that shrinks or expands excessively with changes in moisture content, including but not limited to bentonite soils.

Excavation means the removal of earth material by artificial means, sometimes referred to as a cut.

F

FAA means the Federal Aviation Administration.

Family. See definition of household.

Family child care home means provision of less than twenty-four (24)-hour care at any time for two (2) or more children that are unrelated to each other or the provider, and are cared for in the provider's place of residence.

Family child care home, small means a family child care home that provides care for two (2) to six (6) children.

Family child care home, large means a family child care home that provides care for seven (7) to twelve (12) children.

Farmers' market means a seasonal market where produce, plants, eggs, and food products are sold directly to consumers.

Farm stand means a temporary or permanent structure used for the sale and display of agricultural products resulting from agricultural operations that are conducted on the principal use site on which the farm stand is located.

FCC means the Federal Communications Commission.

FEMA means the Federal Emergency Management Agency.

FHAA means the Fair Housing Amendments Act of 1988, codified at 42 USC Ch 45, as interpreted by Colorado and federal court decisions.

Financial institution means an establishment that provides retail banking, mortgage lending, and other financial services to individuals and businesses, including check-cashing facilities.

Firing range, indoor means an indoor facility used for firearm target practice, competitions, or similar uses, including but not limited to archery, skeet, trap, paintball, and similar shooting activities.

Firing range, outdoor means an outdoor area or facility to be used for firearm target practice, competitions, or similar uses, including but not limited to archery, skeet, trap, and similar shooting activities.

Fleet services means a central facility for the storage or staging of vehicles used regularly in business operation and not available for sale, or long-term storage of operating vehicles. Typical uses include, but are not limited to, ambulance service, taxi dispatch, meals-on-wheels dispatch, staging areas for shared vehicle services, and other operations that require frequent arrival and departure of cars or vans such as courier, delivery, and express services, cleaning services, key and lock services, security services, peer-to-peer car sharing services, and taxi services.

Flood-related definitions means flood-related definitions are included in section 16-86, Floodplain regulations.

Floor area, gross means the total square footage of the building measured along the outside walls of the building and including each floor level.

Floor area, net means the total square footage of the building measured along the outside walls of the building and including each floor level, but not including open balconies, garages or other enclosed automobile parking areas and basement storage areas.

Food truck means a motor vehicle or trailer with a current vehicle registration designed and equipped for the preparation and sale of food and/or beverages.

Food truck court means an area of land on which one (1) or more food trucks sell food and/or beverages to the public, and on which the public may consume food and/or beverages.

Forestry means a land use that creates, conserves, and manages forests and forest lands for the continuing use of both commodity and non-commodity benefits.

Fulfillment center means a facility that is used for the receipt of bulk products and the storage, separation, and distribution of those products on an individual basis to individual end-user consumers. A fulfilment center's primary function is moving a shipment from one (1) mode of transport to vehicles with rated capacities less than ten thousand (10,000) pounds, for delivery directly to consumers or end-users. This use includes e-commerce activities.

Funeral home means an establishment for the preparation of the deceased for burial and the display of the deceased and rituals connected with, and conducted before, burial or cremation. This use includes other related facilities such as columbaria, crematoria, and may include a facility for the permanent storage of cremated remains of the deceased.

G

Garbage, trash, or rubbish means putrescible (able to decay) animal, vegetable, or mineral waste and non-putrescible (unable to decay) solid waste, excluding ashes, consisting of both combustible and noncombustible wastes including but not limited to paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials. Garbage, trash, and rubbish shall be considered synonymous terms.

Gardening, accessory means the act or practice of cultivating a garden.

Geologic hazard means a geologic phenomenon that is so adverse to past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to, avalanches, landslides, rock falls, mudflows, unstable or potentially unstable soils, unstable or potentially unstable slopes, seismic effects, naturally occurring radioactivity; and ground subsidence.

Geologic hazard area means an area that contains or is directly affected by a geologic hazard.

Geothermal loop or direct use means a system that uses geothermal energy and/or temperatures for water heating or space heating or cooling in a single building, or in more than one (1) building through a pipeline network.

Geothermal power plant means a facility designed, constructed, and operated to generate electric power by geothermal energy. A geothermal power plant may use conventional hydrothermal reservoirs, or enhanced geothermal system reservoirs, to produce geothermal fluids for power generation across differing power plant configurations (e.g., dry, steam, flash, binary cycle).

Grade, finished means the final elevation of the ground surface surrounding a building after development.

Grade, natural means the elevation of the ground surface in its natural state, before man-made alterations or construction.

Groundwater-related definitions.

Denver Basin Bedrock Aquifers (Denver Basin Aquifers) means the Upper Dawson and Lower Dawson (Dawson Aquifer), Denver, Upper Arapahoe and Lower Arapahoe (Arapahoe Aquifer), and Laramie-Fox Hills aquifers as defined in 2 CCR 402-6, Rules and Regulations Applying Exclusively to the Withdrawal Of Ground Water from the Dawson, Denver, Arapahoe And Laramie-Fox Hills Aquifers in the Denver Basin and 2 CCR-410-1, Rules and Regulations for the Management and Control of Designated Ground Water.

Designated groundwater basin (designated basin) means that area established by the Colorado Ground Water Commission in accordance with C.R.S. 37-90-106.

Groundwater means water that occupies the pore spaces, crevices, or fractures within soil or rock, and is generally not visible on the surface.

Nontributary groundwater means non-tributary groundwater, located outside of any designated groundwater basin, is defined by Colorado as groundwater where the withdrawal of the water will not, within one hundred (100) years, deplete the flow of a natural stream at an annual rate greater than one-tenth ( 1/10 ) of one percent (1%) of the annual rate of withdrawal.

Tributary groundwater means groundwater that is hydraulically connected to a surface stream and that has the ability to influence the amount or direction of water flow in that stream. All groundwater in Colorado is assumed to be tributary unless it is otherwise defined or designated.

Group home, FHAA means a residential dwelling or facility where persons are living, together with staff, as a single housekeeping unit providing care, supervision, and treatment for the exclusive use of residents protected by the provisions of the Fair Housing Act Amendments of 1988, as defined in that Act and interpreted by the courts, or by any similar legislation of the State of Colorado, including but not limited to facilities providing housing for people experiencing disabilities, mental health conditions, or developmental disabilities.

(1)

A "group home, FHAA large" is a facility designed for and occupied by nine (9) or more residents living together.

(2)

A "group home, FHAA small" is a facility designed for and occupied by no more than eight (8) residents living together.

Group living means this land use category (containing individual land uses) is characterized by residential occupancy of a structure by a group of people who do not meet the definition of household living. Tenancy is arranged on a monthly or longer basis, and the size of the group may be larger than a household. Generally, group living structures have a common eating area for residents. The residents may receive care, training, or treatment, and caregivers may or may not also reside at the site. Accessory uses commonly include recreational facilities and vehicle parking for occupants and staff.

Group residential facility means a residence that provides a community living environment for persons requiring custodial care, medical treatment, or specialized social services, but that does not meet the definition of an FHAA Group Home. This use includes but is not limited to transitional housing developments, correctional diversion program housing, post-incarceration program housing, and domestic violence shelters.

(1)

A "group residential facility, large" is a facility designed for and occupied by nine (9) or more residents living together.

(2)

A "group residential facility, small" is a facility designed for and occupied by no more than eight (8) residents living together.

H

Habitable space means a space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

Hazard means a natural or manmade phenomenon or condition that is a significant source of risk, danger, or peril.

Hemp, industrial means the plant Cannabis sativa L. and any part of the plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-nine (9) tetrahydrocannabinol concentration of no more than three-tenths ( 3/10 ) of one percent (1%) on a dry-weight basis.

Hemp manufacturer means a facility that manufactures, produces, packs, processes (extracts), treats, packages, or holds/warehouses industrial hemp products and unfinished industrial hemp products.

Hemp processing means the refinement of industrial hemp to create products derived from hemp.

Historic site means a structure or place of historical significance due to activities that occurred there, people who lived there, or its association with such events or people. The structure or place may be designated a historic site by local, state, or federal government and may be given official status and protection.

Home occupation means a business, profession, occupation, or trade that is conducted within a residential dwelling unit for the economic gain or support of a resident of the dwelling and is incidental and secondary to the residential use of the lot, but does not include a family day care home, small or large, that is defined separately in this Code.

Homeless shelter, daytime means a facility that offers people experiencing homelessness a safe place during the day, but excludes overnight sleeping. This use typically offers supportive services to people experiencing homelessness including but not limited to access to food, seating, showers, laundry, restrooms, storage, a computer lab, phones, fax, and a mailing address. This use may also provide counseling and access to medical, dental, and legal assistance.

Homeless shelter, overnight means a facility that is used for the primary purpose of providing shelter for people experiencing homelessness, for up to twenty-four (24) hours a day. Supportive services may or may not be provided.

Hospital means a health facility that, under an organized medical staff, offers and provides twenty-four (24) hours per day, seven (7) days per week, inpatient services, emergency medical and surgical care, continuous nursing services, and necessary ancillary services, to individuals for the diagnosis or treatment of injury, illness, pregnancy, or disability. This use may include laboratories, outpatient treatment, training facilities, central services facilities, and staff offices.

Household.

(a)

Any of the following:

(1)

A single person occupying a dwelling unit; or

(2)

Any number of people occupying a dwelling unit as a single housekeeping unit; or

(3)

Any group of persons whose right to live together under conditions similar to other types of households of the same size is protected by the provisions of the federal Fair Housing Amendments Act of 1988, as defined in that Act and interpreted by the courts, or by any similar legislation of the State of Colorado.

(b)

The number of persons occupying each dwelling unit described above shall not exceed the maximum permitted by the applicable building code or safety code or by any applicable state or federal law or regulation.

Household living means this land use category (containing individual land uses) is characterized by residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis (lodging where tenancy may be arranged for a period of less than thirty (30) calendar days is classified under the lodging category). Common accessory uses include recreational activities, raising pets, gardens, personal storage buildings, hobbies, and parking of the occupants' vehicles.

I

Individual sewage disposal system (ISDS) means an absorption system of any size or flow or a system or facility for treating, neutralizing, stabilizing, or disposing of sewage that is not part of or connected to a sewage treatment works as that term is defined in C.R.S. 25-10-103(20).

Industrial, artisan means an establishment or business where an artist, artisan, or craftsperson teaches, makes, or fabricates crafts or products by hand or with minimal automation and may include direct sales to consumers. This use includes but is not limited to small-scale fabrication, manufacturing, assembly, and other industrial uses and processes such as welding and sculpting.

Industrial, heavy means an establishment or business that uses hazardous inputs or creates hazardous by-products in the course of manufacturing, assembly, fabrication, or materials treatment, or that uses manufacturing, assembly, fabrication, or treatment processes that create potentially hazardous impacts on the environment or surrounding areas. Examples include but are not limited to: asphalt and concrete batch plants, fuel alcohol plants, fuel bulk plants, ice and cold storage plants, sawmills, and data processing centers, but excluding any use meeting the definition of special industrial.

Industrial, light means industrial operations relying on the assembly, distributing, fabricating, manufacturing, packaging, processing, recycling, repairing, servicing, storing, or wholesaling of goods or products, using parts previously developed from raw material including, but not limited to, electronic instruments or devices, food and beverage processing, scientific research and testing and commercial bakeries. This use includes uses that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building where such assembly fabrication, or processing take place, but excluding any use meeting the definition of special industrial.

Industrial, special means light or heavy industrial uses that use, store, or shop any materials listed as hazardous substances in Title 40, Code of Federal Regulations, Parts 116.4, 302.4, and 355, or in C.R.S. 25-15-101.

Industrial hemp cultivation facility means an establishment for the growth, cultivation, and storage of industrial hemp.

Industrial hemp hazardous manufacturing means an establishment for the manufacturing and storage of industrial hemp products that present fire and life safety risks by using oil extraction processes through the use of pressurized flammable gas, flammable or combustible liquids, and other processes. Examples include but are not limited to, the use of butane, propane, acetone, naphtha, or alcohol during the manufacturing process.

Industrial hemp nonhazardous manufacturing means an establishment for the manufacture and storage of industrial hemp products that do not represent fire and life safety risks including but not limited to the use of super/subcritical water or CO2 extraction processes, cooking, or baking facilities.

Invasive plant species means plants that are not native to the State of Colorado and that:

(1)

Are introduced into the state accidentally or intentionally;

(2)

Have no natural competitors or predators in the state because the state is outside of their competitors' or predators' range; and

(3)

Have harmful effects on the state's environment or economy or both.

J

Junk means any manufactured goods, appliance, fixture, furniture, machinery, vehicle, personal property, building materials, or any other thing or part thereof, whether of value or valueless, that is demolished, discarded, dismantled, partially dismantled, dilapidated, or so worn and deteriorated that it would not be normally sable in its current state for its original manufactured use.

K

Kennel means an establishment where any person engages in a business involving boarding, breeding, buying, keeping, letting for hire, training for a fee, or selling dogs, cats, or other domestic animals.

L

Landing strip means a minimally developed airport for landing and discharging passengers or cargo, and not intended for refueling or maintaining itinerant aircraft.

Land development code means the town land development code. The terms this code and these regulations also refer to the town land development code.

LDN. See definition for day-night average sound level.

Livestock means domestic animals that are used for food for human or animal consumption, breeding, draft, or profit.

Lot means a designated area of land established by plat, subdivision map, or as otherwise permitted by law, to be separately owned, used, developed, or built on.

Lot coverage means the portion of a lot that is covered or occupied by buildings, structures, parking and drives or any other impervious surface.

Lot, double frontage means a lot that has street frontage along two (2) opposite, non-intersecting boundary lines. The term does not include corner lots located with frontages only on two (2) streets that intersect at the corner of the lot.

Lot line means the external boundary of a lot.

Lot line, front means the boundary of a lot with the primary abutting street, as determined by the planning director.

Lot line, rear means the boundary of a lot opposite the front lot line.

Lot line, street side means a boundary of a lot that meets the front lot line and abuts a street other than the primary abutting street.

Lot size or area means the total horizontal area within the lot lines.

Low impact development (LID) means an approach to land development using systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration, or use of stormwater in order to protect water quality and associated aquatic habitat and to management stormwater as close to its source as possible.

M

Major electrical or natural gas facilities means any one (1) or more of the following:

(a)

Electrical generating facilities.

(1)

Substations used for switching, regulating, transforming, or otherwise modifying the characteristics of electricity;

(2)

Transmission lines operated at a nominal voltage of sixty-nine thousand (69,000) volts or above;

(3)

Structures and equipment associated with such electrical generating facilities, substations, or transmission lines, including but not limited to battery storage facilities and hydrogen or other alternative fuel storage facilities; or

(4)

Structures and equipment used for the local distribution of natural gas service, including, but not limited to, compressors, gas mains, gas storage facilities, and gas laterals.

Manufactured home community means a parcel of land under single ownership that has been planned and improved for the placement of more than one (1) manufactured home, park model dwelling, or tiny house dwelling for single-household dwelling purposes. Accessory uses include community meeting space, common laundry and recreational facilities, and vehicle parking for residents and staff.

Marijuana establishment means any location where more than six (6) marijuana plants are cultivated, produced, tested or distributed as authorized pursuant to applicable state law. This use includes the following as defined in 1 CCR 212-3, Colorado Marijuana Rules:

(1)

Medical marijuana cultivation facility;

(2)

Medical marijuana products manufacturer;

(3)

Medical marijuana store;

(4)

Medical marijuana testing facility;

(5)

Retail marijuana cultivation facility;

(6)

Retail marijuana products manufacturer;

(7)

Retail marijuana store; and

(8)

Retail marijuana testing facility.

Marijuana growing and extraction, residential means the growing of up to six (6) marijuana plants for those living on the lot or parcel in a dwelling unit or accessory dwelling unit, and not for sale or provision to others. This use does not include growing marijuana as a home occupation or the processing of any plants not grown on the lot or parcel.

Maximum extent practicable means the planning director has determined that no feasible or prudent alternative exists, that all possible efforts to comply with the standards or regulation or minimize potential harmful or adverse impacts have been undertaken by an applicant, and that the costs of complying with a code standard or criteria clearly outweigh the benefits to the public of complying with the standard or criteria. Economic considerations may be taken into account but shall not be the overriding factor determining whether compliance with a standard or criteria in this Code is impracticable.

Meat packing and processing facility means a facility that processes meat or meat products (including poultry) for human consumption, but not for resale to individuals on the premises. This use includes but is not limited to slaughtering, dressing, processing, cutting, trimming, wrapping, or packaging.

Medical or dental clinic means an ambulatory health facility where patients receive outpatient examination and treatment by a group of licensed health care practitioners, including dentists. This use includes facilities providing support to the medical profession and patients such as medical and dental laboratories, blood banks, chiropractor offices and clinics, optometrist offices and clinics, osteopathic physician offices and clinics, outpatient drug treatment clinics, and other specialized treatment clinics.

Micro-brewery, micro-distillery, and micro-winery means a brewery, winery, meadery or distillery operated separately or in conjunction with a drinking establishment or restaurant and in which the beer, wine, mead or liquor is sold for consumption on-site or off the premises and is not sold to other drinking establishments, restaurants, or wholesalers. Micro-breweries are facilities that produce less than fifteen thousand (15,000) barrels per year, micro-wineries are those that produce no more than five thousand (5,000) gallons per year, and micro-distilleries are those that produce up to ten thousand (10,000) proof gallons removed from bond per year.

Military installation means:

(1)

A base, camp, post, station, airfield, yard, center, or any other land area under the jurisdiction of the United States Department of Defense, including any leased facility, the total acreage of which exceeds five hundred (500) acres; or

(2)

The Greeley Air National Guard station.

Mineral estate means a mineral interest in real property that is shown by the real estate record of the county in which the rear property is situated and that may be severed from the surface estate, and that if severed, is shown in the real estate records of county, and that is not owned as part of the full fee title to the real property, as more fully described in C.R.S. 24-65.5-102.

Mining and extraction means the development or extraction of a mineral or stone from its natural occurrences, including, but not limited to, veins, deposits, bodies, or other concentrations on the affected land. This term includes but is not limited to open cut mining, open pit mining, strip mining, quarrying, dredging, and the preliminary treatment of such ore or building stone.

Mitigation means measures that avoid, minimize, or compensate for effects caused by a proposed action or alternatives as described in a relevant document or record of decision and that have a nexus to those effects. This term may also have more specific meanings in different contexts, such as wildfire, environmental, or noise mitigation.

Mixed-use development means a building or development that contains primary residential and primary nonresidential uses on the same property or in the same building. Developments that contain only residential or only nonresidential uses are not mixed-use developments.

Mobile home means a dwelling similar to a manufactured home, that is manufactured in a factory, built on a chassis, and transported to its housing site on wheels, but that does not meet the standards in the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq., as amended or the minimum dimensions in the definition of a manufactured home.

Municipality means an incorporated city, town, district, or other public body created by or pursuant to state law.

N

Native plant means a plant species that is indigenous to Colorado.

Natural hazards means naturally occurring phenomena that can pose hazards to life or property, including but not limited to mudslides, subsidence areas, floodplains, seismic faults, rockslides, erosion, wildfire, and floods.

Nit means a unit of measurement of luminance, or the intensity of visible light, where one (1) nit is equal to one (1) candela per square meter.

Nonconforming or nonconformity means a feature or aspect of property or the use of property that was legal at the time it was created or begun, but that does not conform with the requirements of this Code for reasons other than the actions of the property owner, tenant, or operator, that may include the actions of town or another government agency in adopting or amending the laws or regulations that apply to the property. Nonconformities can include nonconforming buildings, lots, signs, site features, or uses of the land.

Nursery or greenhouse means an establishment for the growth, display, and/or sale of plants, shrubs, trees, and materials used in indoor or outdoor planting, conducted within or without an enclosed building.

O

Office means a place used primarily to conduct the affairs of a business, profession, service, industry, government, or other similar activity and where the indoor storage and sale of merchandise is secondary to the conduct of the business or profession. Typical uses include but are not limited to real estate, insurance, property management, investment, employment, law, architecture, design, engineering, accounting, and call or data centers.

Official zoning map means the version of the map of base and overlay zoning districts last approved or amended by the town council.

Off-street parking means any parking space not on or along a street or road, including driveways, parking lots, garages, and other constructed areas.

Oil and gas-related definitions. When used in connection with oil and gas regulations, the following terms have the following meanings. Unless otherwise listed below, the definitions found within the Colorado Revised Statutes and Colorado Energy and Carbon Management Commission regulations shall also apply and are incorporated by reference into this Code.

Flow line means a segment of pipe that transfers oil, gas, or condensate between a wellhead and processing equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public Utilities Commission regulated gathering line or a segment of pipe transferring produced water between a wellhead and the point of disposal, discharge, or loading. This definition of flow line does not include a gathering line or crude oil transfer line but does include on-location flow lines such as wellhead lines, production piping, peripheral piping, produced water flow lines and off-location flow lines as defined by the Colorado Energy and Carbon Management Commission, 2 CCR 404-1, Practice and Procedure 100 Series.

Gathering line means a pipeline and equipment transports gas from a production facility to a natural gas processing plant or transmission line or main. This term includes valves, metering equipment, communication equipment, cathodic protection facilities, and pig launchers and receivers, but does not include dehydrators, treaters, tanks, separators, or compressors located downstream of the final production facilities and upstream of the natural gas processing plants, transmission lines, or main lines.

Minimize adverse impacts means providing necessary and reasonable protections to reduce the extent, severity, significance, or duration of unavoidable direct, indirect, and cumulative adverse impacts to public health, safety, welfare, the environment, or wildlife resources that arise from oil and gas operations.

Off-location flow line means a flowline transferring produced fluids (crude oil, natural gas, condensate, or produced water) from an oil and gas location to a production facility, injection facility, pit, or discharge point that is not at the same oil and gas location. This definition also includes flow lines connecting to gas compressors or gas plants.

Oil and gas facility means oil and gas facility means equipment or improvements used or installed at an oil and gas location for the exploration, production, withdrawal, treatment, or processing of crude oil, condensate, exploration and production waste, or gas.

Oil and gas location means a definable area where an operator has disturbed or intends to disturb the land surface in order to locate an oil and gas facility.

Oil and gas operation means oil and gas operation means exploring for oil and gas, including conducting seismic operations and the drilling of test bores; siting, drilling, deepening, recompleting, reworking, or abandoning a well; producing operations related to any well, including installing flowlines; the generating, transporting, storing, treating, or disposing exploration and production wastes; and any constructing, site preparing, or reclaiming activities associated with such operations.

Oil or gas well means any hole drilled into the earth for the purpose of exploring for or extracting oil or gas.

Operator means any person who exercises the right to control the conduct of an oil and gas facility.

Owner means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas produced therefrom either for such owner or others, including owners of a well capable of producing oil or gas, or both.

Pipeline means an off-location flow line or crude oil transfer line as defined by the Colorado Energy and Carbon Management Commission.

Pool means an underground reservoir containing a common accumulation of oil or gas, or both.

Unavoidable adverse impacts means direct, indirect, or cumulative adverse impacts to public health, safety, welfare, the environment, or wildlife resources that are not entirely eliminated through the application of alternative location selection or other methods designed to minimize adverse impacts from oil and gas operations.

On-site wastewater treatment system (OWTS) means an individual sewage disposal system (ISDS) or a system for collecting and treating sewage on a group of adjacent lots, parcels, or tracts under common ownerships that is not connected to a community sewage collection and treatment system serving lands outside of those under common ownership.

Open space means any land or water area designated by the town, or by another governmental or quasi-governmental entity with the consent of the county, to provide recreation opportunities, conservation of natural areas and environmental resources, or protection of areas of agricultural, archeological, or historical significance. The term may include greenways and natural areas and features that are subject to minimal maintenance, generally open to the public, and subject to seasonal closure. The term does not include vacant or unused land that has not been so designated by the town or by another governmental or quasi-governmental entity with the consent of the town, portions of yards that are included in individual lots or parcels platted or zoned for development, or parks as they are defined in this Code.

Outdoor display of goods means the location of goods or stock in trade outside of the primary structure in which an establishment operates, when the placement of such goods or stock in trade is for sale, including without limitation the display of vehicles, equipment, sheds, grills, lawn mowers, lawn furniture, produce, landscape plants or other items and materials displayed for trade.

P

Parcel means a designated area of land shown on a map that does not meet the definition of a lot or tract of land in this Code.

Park and ride facility means a parking lot or structure designed to encourage transfer from individual vehicles to public transit or to encourage carpooling.

Parking lot or garage means a principal use of land that includes a structured or developed location designed and intended for temporary, daily, or overnight parking of vehicles where a fee may or may not be required to be paid to use the facility.

Park means land dedicated to the town, or dedicated to another governmental or quasi-governmental entity with the consent of the town, that us designated for recreational use, and that may be improved with playground apparatus, sport courts, picnic areas, shelters, riding, biking or hiking trails, skateboard areas, other game courts or pits, art, memorials and historic structures.

Peak hour means a term used in traffic engineering and analysis that identifies the sixty (60)-minute period where a segment of road or intersection experiences, or is projected to experience, the greatest number of through and turning vehicles in an average twenty-four (24)-hour period.

Person means any individual, corporation, governmental entity, estate, trust, partnership, association, or other legal entity.

Personal and business services means a facility that provides individualized services generally related to personal and business needs. Personal services may include, but are not limited to, barber shops, beauty salons, dry cleaners, music schools, informational and instructional services, personal copying/shipping services, tanning salons, and portrait studios.

Pipeline means any conduit and appurtenant facilities designed for, or capable of, transporting natural gas, other petroleum derivatives, or other liquids or gasses.

Plat means a map and supporting 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.

Power plant, general means a facility designed, constructed, and operated to generate electric power by any means, including but not limited to the use or consumption of fossil fuels, biomass, or solid waste, but not including a geothermal power plant, solar energy system, or wind energy system defined separately in this Code.

Principal use means the primary purpose or function of the land, building or structure.

Public hearing means a meeting called by an appointed or elected public body, for which public notice has been given in compliance with the provisions of this Code, and that is held in a place where the general public may attend, with the principal purpose of receiving testimony or public comment on a specific application or issue.

Public meeting means a meeting called by an appointed or elected public body or an applicant or prospective applicant for an approval under this Code, to which the public is invited, but that does not meet the definition of a public hearing.

Public improvement means a capital investment or facility that serves the general public, including but not limited to streets, roads, curb and gutters, sidewalks, ditches, sewers, sidewalks, storm drainage facilities, street signs, traffic control devices (such as signs, signals and lane striping), designated or improved open spaces, water distribution systems, wastewater collection systems, electrical distribution systems, and street lighting. This term may include or be a structure, but a structure is not required for a capital investment to be a public improvement.

Public safety facility means facilities for the provision of local rapid response emergency services such as police, firefighting, and medical services, including areas for the storage and maintenance of emergency vehicles and equipment and housing and feeding of emergency personnel.

Public utility means electricity, natural gas, water and wastewater service, wire telephone service, district heating or cooling service, or similar public service that is regulated by a state or federal agency. This use does not include wireless telecommunication facilities or any other use defined separately in this Code.

Q

[Reserved]

R

Real estate sales office or model home means a dwelling or dwelling unit representative of other dwellings or units offered for sale or lease or to be built in an area of residential development within the town. Before occupancy, a model home may be used as a temporary sales office for the development in which it is located.

Recreation and entertainment, indoor means indoor facilities for entertainment, sports, and recreational activities completely enclosed by a structure such as health clubs, bowling, skating, swimming, tennis, teen clubs, health and fitness centers, gyms, escape rooms, haunted houses, stadiums, and similar indoor activities.

Recreation and entertainment, outdoor means commercial entertainment or recreation facilities such as golf courses, amusement parks, athletic fields, miniature golf, go-cart and skateboard park, swimming pool, tennis, handball, pickleball, basketball courts, batting cages, drive-in theaters, outdoor amphitheaters, ski area, and other similar uses.

Recreational vehicle (RV) means a vehicle primarily designed as temporary living quarters for recreational, camping or travel use, that either has its own motive power or is mounted on or towed by another vehicle. The term includes but is not limited to a camping trailer, fifth wheel trailer, motor home, recreational park trailer, travel trailer, or truck camper.

This term also includes any structure designed as a modular house dwelling or a tiny house dwelling that does not comply with the building construction requirements for such structures in this Code.

Recyclable materials means reusable materials including but not limited to metals, glass, plastic, wood, and paper that are intended for remanufacturing or reconstitution. Recyclable materials do not include junk, rubbish, refuse, or hazardous waste.

Recycling or donation collection point means an accessory use that serves as a drop-off point for temporary storage for non-hazardous recoverable or reusable goods. These are typically small enclosed containers in or at public or quasi-public areas such as parking lots, schools, or other publicly accessible facilities.

Recycling facility means a facility for processing materials that are collected for recycling. Processing includes but is not limited to baling, briquetting, compacting, flattening, crushing, mechanical sorting, shredding, and cleaning.

Restaurant means an establishment where food and beverages are prepared, served, and usually consumed within or adjacent to the primary building. This use includes but is not limited to cafes, dining rooms, lunch counters, and coffee shops.

Retail sales means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. This use includes retail establishments engaged in selling materials illustrating or describing specified anatomical areas or specified sexual activities.

Retail sales, small means a facility or establishment with up to five thousand (5,000) square feet of gross floor area.

Retail sales, medium means a facility or establishment with between five thousand one (5,001) and ten thousand (10,000) square feet of gross floor area.

Retail sales, large means a facility or establishment with between ten thousand one (10,001) and sixty thousand (60,000) square feet of gross floor area.

Riparian means riparian zones or areas are the areas along freshwater sources such as streams, rivers, lakes, ponds, and wetlands. Water may cover the soil seasonally or at all times. Riparian areas are a transitional space between aquatic and terrestrial ecosystems and support diverse wildlife species. The term does not include manmade agricultural structures or devices including irrigation ditches, sprinklers, and artificial ponds.

S

Salvage yard means a building, structure, or parcel of land used for the collecting, storage, dismantling, salvage, recycling, demolition or sale of materials, equipment, junk vehicles, appliances, or other personal property that is unfit for its original intended use, discarded, worn out, dismantled, or deteriorated in such condition that it is not useable unless repurposed or rebuilt.

Sanitary landfill means a planned and approved method or system of waste disposal in which the waste is disposed or buried in layers, compacted by earth or other approved methods.

School, elementary, middle, and high means an educational institution under the sponsorship of a public, private, or religious agency, having a curriculum for students in the elementary grades, middle school grades, high school grades, or any combination of these levels. This use includes both public schools and private non-boarding schools that have a curriculum similar to that in the permitted public schools.

School, college, university, or skilled education facility means an educational institution authorized by the state to award associate, baccalaureate, or higher degrees or a school conducted as a commercial enterprise for teaching skills and vocations, or skills in which machinery is employed as a means of instruction including vocational or technical school, and industrial schools and training facilities. This use includes a community college.

Seasonal sales means the accessory or temporary sale of goods or products associated with the season or a cultural event, including but not limited to the sale of healthy, nonhazardous, cut or live evergreen trees, wreaths, tree stands, pumpkins, or legal fireworks, but not including a farm stand.

Setback means the required distance from a property line to any structure on the property.

Shipping container means a detachable prefabricated, self-contained, reusable container without axles or wheels, intended for transporting cargo and commonly called cargo containers, storage containers, transport containers or marine cargo containers. This includes Conex and rail cars.

Short-term rental means a dwelling unit or part of a dwelling unit that is used for accommodations or lodging of the public for a fee for fewer than thirty (30) consecutive days.

Sign-related definitions. As used in the regulation of signage, the following terms shall have the following definitions.

Sign means any medium, including its structure and the component parts, that is used or intended to be used to attract attention to the subject matter for advertising, identifying, or communicative purposes.

Sign area. See rules of measurement.

Sign, banner means banners and other signs of a temporary nature designed to be attached to walls or hung or suspended from posts or brackets.

Sign, billboard means a sign that directs attention to a business, activity, commodity, service, entertainment, or communication that is not conducted, sold, or offered at the premises on which the sign is located, or that does not pertain to the premises upon which the sign is located.

Sign face means the surface of a sign upon, against, or through which the message is displayed or illustrated.

Sign, freestanding means a sign that is supported by one (1) or more columns, uprights or poles extended from the ground or from an object on the ground, or a sign that is erected on the ground.

Sign height. See rules of measurement.

Sign, monument means a detached, freestanding sign supported by a permanent base, where the entire bottom of the sign is affixed to the ground.

Sign, pole means a freestanding sign with a visible support structure, such as a pole or post, connecting the sign face to the ground, and in which the support structure is significantly narrower than the sign face it supports.

Sign, portable means any sign not permanently attached to the ground or to any structure.

Sign, projecting means a sign attached to a building and extending in whole or in part fifteen (15) inches or more horizontally beyond the surface of the building to which the sign is attached.

Sign, roof means a sign erected upon or that projects above any portion of the roof or parapet of the building or structure.

Sign, temporary means any sign, banner, pennant, valance, or display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only.

Sign, wall means any sign attached to or painted on the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall.

Sign, window means any sign that is applied, painted, or otherwise attached to the interior or exterior of a window surface, including a window that is located in a door, or that is otherwise clearly visible from the exterior of the structure.

Significant means deserving to be considered; important; notable and not trifling.

Site-specific development plan means a subdivision exemption map, final plat for a minor or major subdivision, site plan, or final PUD plan that has been approved by the town and that may establish a vested right pursuant to C.R.S. 24-68-102 and set forth in section 6-104.

Slope means the steepness of land, measured as the change in vertical elevation between two (2) points over a specified horizontal distance.

Solar energy-related definitions. As used in the context of regulating solar energy systems, the following terms shall have the following meanings.

Community-scale solar energy system means a solar energy system with a generating capacity of up to ten (10) megawatts that serves multiple customers. This use includes but is not limited to a community solar garden.

Community solar garden means a large collection of solar panels in one (1) central location that delivers energy to multiple households, businesses, or organizations that are off-site, and in which participants purchase a subscription and receive an energy credit on their utility bill.

Grid-connected solar energy system means a solar photovoltaic system that is connected to an electric circuit served by an electric utility company.

Ground-mounted solar energy system (accessory use) means a solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and the system is accessory to the principal use.

Ground-mounted solar energy system (principal use) means a solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and is the primary land use for the parcel(s) on which it is located.

Large-scale solar energy system means a solar energy system with a generating capacity of ten (10) megawatts or greater. Large-scale solar energy projects are principal uses of land and typically cover more than ten (10) acres of land and serve off-site electricity demands.

Medium-scale solar energy system means a solar energy system with a generating capacity of between one (1) and ten (10) megawatts that converts sunlight into electricity. Medium-scale solar energy projects are principal uses of land and that typically cover ten (10) to one hundred (100) acres of land and serve electricity demands off-site.

Roof-mounted solar energy system means a solar energy system mounted on a rack that is ballasted on, or is attached to, the roof of a building or structure. Roof-mount systems are accessory to the principal use.

Solar energy system means a device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage, and/or distribution of solar energy for space heating or cooling, electricity generation, or water heating.

Solid waste means garbage or refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility; solid, liquid, semisolid, or contained gaseous material discarded from industrial operations, commercial operations, or community activities. The term does not include: any solid or dissolved materials in domestic sewage; agricultural wastes; solid or dissolved materials in irrigation return flows; scrap metal that is being recycled, shredded circuit boards that are being recycled; industrial discharges that are point sources subject to permits under the provisions of the Colorado Water Quality Control Act, C.R.S. Title 25, Article 8, or materials handled at facilities licensed pursuant to the regulatory provisions in Radiation Control Act, C.R.S. Title 25, Article 11.

Solid waste transfer facility means a facility at which non-hazardous refuse awaiting transportation to a disposal site is transferred from one (1) type of collection vehicle to another. Refuse may be sorted and repackaged at a transfer station.

Special event means an event or gathering organized by any person which will generate or invite considerable public participation or spectators, for a particular and limited purpose and time, including without limitation fun runs, bike-a-thons, parades, carnivals, shows, exhibitions, circuses and fairs, and may also include water and restroom stations, vendors, food trucks and other ancillary activities. Special events are not limited to those events conducted on the public streets and may occur on private property.

Specified anatomical areas means human genitals, pubic hair, vulva, and female breasts below a point immediately above the areola if less than completely or opaquely covered; and human male genitals in a discernibly turgid state even if completely and opaquely covered.

Specified sexual activities means human genitals in a state of sexual arousal; acts of human masturbation; sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, pubic regions, buttocks, vulva, or female breasts.

Storage, outdoor means the storage of items used in connection with a primary use outside of an enclosed structure, including without limitation the storage of goods in trade, bunks of lumber, pallets of material, unassembled or bulk products, scrap material or loose materials such as gravel, soil and mulch, storage pods, trailers, sheds, and similar material.

Storage, outdoor accessory means the storage of materials, equipment, products, vehicles, and any other goods that are clearly incidental and subordinate to the principal business, commercial or industrial use of the property.

Storage, self-service means a structure or group of structures containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time.

Storage container/pod means a prefabricated structure, commonly comprised of lightweight metal, that is intended for temporary storage of personal items.

Stormwater-related definitions. As used in the regulation of stormwater flows, detention, and retention of stormwater, the following terms shall have the following meanings.

Detention means the storage and slow release of stormwater from an excavated pond, enclosed depression, or tank. Detention is used for pollutant removal, stormwater storage, and peak flow reduction. Both wet and dry detention methods can be applied.

Green roof means an engineered vegetated roof that can be used to detain and treat precipitation. Green roofs require an engineered structure that can support soils, vegetation, and loads associated with rainfall, snow, people, and equipment. Key components include a waterproof membrane, root barrier, drainage layer, soil/growing medium, irrigation system and plants.

Impervious area means impervious area or surface is an area or surface that will not allow stormwater infiltration (soaking into the ground) such as sidewalks and parking lots that allow an increased rate of flow of water runoff.

Infiltration means infiltration occurs when precipitation soaks into the ground, reaching the subsurface soil and rock.

Permeable pavement means permeable pavements are porous surfaces that allow water infiltration, thus reducing runoff, and, in some cases, filtering out water pollutants.

Street, private means a motor vehicle driving route that has not been dedicated to the town and intended to be used to access individual lots, parcels, or tracts of land, or for general motor vehicle circulation, within or among one (1) or more developments, whether or not the location or construction of the improvement was required by this Code or by Colorado law, and whether or not the improvement is open for use by the general public, but not including an alley or driveway.

Street, public means a motor vehicle driving route that has been dedicated to the town, and accepted as public property by the town, through approval of a subdivision plat or otherwise, for use by the public to access individual lots, parcels, or tracts of land, or for general motor vehicle circulation, whether or not such dedication is required by this Code or Colorado law. This definition does not include an alley or driveway.

Structure means anything constructed or erected that requires location on or in the ground or is attached to something having a location on the ground. This term includes but is not limited to buildings, decks, fences, retaining walls, signs, towers, antennas, smokestacks, and overhead transmission lines. This term does not include on-grade slabs, walks, driveways, or landscaping materials.

Structure, permanent means a structure that is fixed in place, constructed in a manner that is expected to have a lengthy useful life, for a purpose expected to be long-term in duration.

Structure, temporary means a structure that is constructed in a manner that is expected to have a short useful life, for a purpose expected to be of short-term duration.

Subdivision or subdivided land means the division of land into two (2) or more surface lots, tracts, sites, parcels, separate interests, or interests in common, unless exempted from the term subdivision by C.R.S. 30-28-110, or by provisions of this Code.

Substantial improvement means repairs, reconstruction, or improvement of a building or other structure, where the cost of such repairs, reconstruction, or improvement equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. The term does not include any improvement of a structure to comply with existing state or local health, sanitation, safety, or building code specifications and that is necessary to assure safe living conditions.

T

Town means the Town of Hudson, which is an incorporated municipality in the State of Colorado

Town clerk means the clerk of the town, who is the custodian of the official records of the municipality, or any person delegated by the clerk to exercise any of their powers, duties, or functions, as defined in C.R.S. Title 31.

Tract (of land) means a defined area of land shown on a subdivision exemption map, minor subdivision preliminary plan or final plat, or a major subdivision preliminary plan or final plat, that is not included in a lot or parcel intended for development. Examples are areas of land intended to be set aside or dedicated for open space, wildlife habitat, recreational use, required buffers.

Transit-oriented development (TOD) means evelopment located within walking distance of a public transit station or terminal that is designed to encourage people to walk, bike, or take public transit instead of driving.

Transit terminal means a facility where public transit vehicles load and unload passengers, and where passengers may transfer between multiple public transit lines or modes of transit, when that is the principal use of the property. This use does not include individual stations or stops at which passengers may board or exit a transit vehicle, but where they cannot transfer to other intersecting public transit lines.

Transitional housing means a facility providing temporary housing with supportive services for households experiencing homelessness with the goal of interim stability and support to successfully move to and maintain permanent housing, but that does not meet the definition of an FHAA group home. Participation in a program of supportive services is required as a condition of occupancy.

Truck stop means an establishment engaged primarily in the fueling, servicing, repair or parking of tractor trucks and similar heavy commercial vehicles, including the sale of accessories and equipment for such vehicles. A truck stop may also include overnight accommodations, showers, and restaurant facilities primarily for the use of truck crews.

Turf means areas of continuous plant coverage consisting of nonnative grasses or grasses that have not been hybridized for arid conditions and that, when regularly mowed, form a dense growth of leaf blades and roots.

Turf, artificial means synthetic materials developed to resemble natural grass.

Turf, functional means turf that is located in a recreational use area or other space that is regularly used for civic, community, or recreational purposes, that may include playgrounds, sports fields, picnic grounds, amphitheaters, portions of parks, and the playing areas of golf courses, such as driving ranges, chipping and putting greens, tee boxes, greens, fairways, and roughs.

Turf, nonfunctional means turf that is not functional turf. This term includes turf located in a street right-of-way, parking lot, median, or transportation corridor. The term does not include turf that is designated to be part of a water quality treatment solution required for compliance with federal, state, or local agency water quality permitting requirements that is not irrigated and does not have herbicides applied.

U

Utility facility, major means a large facility required for the operation of a utility including but not limited to electrical substations, major water storage reservoirs, and similar uses that are larger than those facilities needed for distribution or collection of water, sewer, electrical power, or communications from main lines or substations to individual homes or neighborhoods of the town.

Utility facility, minor means a small facility required for the operation of a utility including minor wells, pump houses, and similar facilities primarily used to distribute or collect water, sewer, electrical power, or communications from main lines or substations to individual homes or neighborhoods of the town.

V

Vehicle means any self-propelled vehicle that is designed primarily for travel on the public highways and is generally and commonly used to transport people and property over the public highways, including trailers, semitrailers, and trailer coaches, without motive power.

Vehicle fuel sales means a lot or portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles, or the principal use of land for an electric vehicle charging station, or a lot or portion of a property that includes a combination of those forms of motor vehicle fuel dispensing and electric charging facilities. Such an establishment may offer other convenience items for retail sale as a clearly secondary activity and may also include a single-bay carwash as an accessory use.

Vehicle repair, major means an establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, and similar large mechanical equipment, including but not limited to repairs that require the removal or replacement of major component parts such as motors, axles, transmissions, drive shafts, and radiators. This use includes bodywork or the repair of a vehicle body following damage or for the purpose of restoring the appearance and functioning of the body.

Vehicle repair, minor means an establishment that is primarily engaged in the minor repair or minor maintenance of motor vehicles, trailers, and similar mechanical equipment, including but not limited to brake, muffler, tire repair and change, lubrication, oil changes, tune-ups, safety inspections and emissions testing, and detailing.

Vehicle and equipment sales, rental, and leasing, heavy means an establishment that specializes in the sale, display, lease, rental, or storage of heavy equipment including, but not limited to, tractors, trucks with a gross vehicle weight of over eight thousand (8,000) pounds, semi-trucks and/or trailers, boats, recreational vehicles, and other large equipment.

Vehicle sales, rental, and leasing, light means an establishment that specializes in the sale, display, lease, rental, or indoor storage of light motor vehicles, including automobiles, vans, light trucks, and light trailers. Accessory uses may include sales of parts for, washing, and servicing of light vehicles.

Vehicle wash means a facility for the cleaning of vehicles, providing either self-serve facilities, automated machines, or employees to perform washing operations.

Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a town-approved site-specific development plan, as defined in C.R.S. 24-68-102(5).

Veterinary clinic or hospital means a facility for the care and treatment of animals in which overnight boarding of animals is only permitted when incidental to medical treatment and limited to short periods of time.

W

Walkway means a walkway is any type of defined space or pathway for use by a person traveling by foot or using a wheelchair. These may be pedestrian walkways, shared use paths, sidewalks, or roadway shoulders.

Water and sewer projects means as used in the administration of areas and activities of state interest, the site selection and construction of major new domestic water and wastewater treatment systems, major extensions of existing domestic water and wastewater treatment systems, and efficient use of municipal and industrial water projects, including related water pipelines and any proposed land development directly related to such project if such development is to be located wholly or partially within this town and if such development specifically generates the need for the project.

Water impoundment means detention or retention of water in wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds or other similar water features, and characterized by either or both of the following:

(1)

A single impoundment designed for a capacity of at least one (1) acre foot but less than ten (10)-acre feet; or a number of smaller impoundments on one (1) lot with an aggregate capacity of at least one (1) acre foot, but less than ten (10)-acre feet;

(2)

Impoundment of surface runoff, streamflow, and extracted groundwater; water that is a by-product of extraction or processing of mineral resources; water that is a by-product of energy generation, agricultural water supply, municipal or industrial water supply; to water that is a by-product of a sewage treatment installation.

Water loss factor means a factor that accounts for unavoidable water losses in a water system due to factors including but not limited to leaks, breaks, and overflows.

Water pollution means man-made, man-induced or artificial alteration of the physical, chemical, biological, and radiological integrity of water.

Water storage facility means any enclosed structure that is used to store water either above or below ground for public consumption or fire protection, with a storage capacity of five thousand (5,000) gallons of water or more.

Water treatment facility means a facility, excluding community cisterns, designed to provide and hold a potable water supply, at a capacity of five thousand (5,000) gallons per day or more.

Watercourse means a natural or artificial channel, depression, slough, dry wash, gulch, arroyo, stream, creek, drainage way, pond, reservoir, or lake in which water flows either continuously, intermittently, or periodically.

Waterworks means any and all man-made or designed components of community's water system, including but not limited to all transmission, storage, treatment and filtration facilities; and all reservoirs, streams, ditches, pipes, drains and diversion structures used in and necessary for the construction, maintenance, operation and repair of the community's water system.

Weeds and brush means any underbrush, brush, shrub, or plant material greater than twelve (12) inches in height that:

(a)

Ordinarily grows without cultivation; not in planting beds or otherwise in a controlled manner; or not for the purpose of food production; and

(1)

Is allowed to grow in such a manner or extent that it causes or is likely to cause a public hazard or nuisance, or is unacceptably offensive in light of community standards of cleanliness or generally accepted neighborhood aesthetics; and

(2)

Is not an undesirable plant designated under the town noxious weed management plan, pursuant to the "Colorado Noxious Weed Act," the removal of which shall be governed by that Plan and not this Code.

Wetland means areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

Wholesale or warehouse means a facility that is used for storage, wholesaling, and/or distribution of manufactured products, supplies, and equipment, but not involved in manufacturing or production and not primarily engaged in the retail sale of goods to the public.

Wildlife habitat means natural or man-made environment that contains the elements of food, shelter, water and land area in a combination and quantity necessary for the survival of one (1) or more wildlife species.

Wind energy-related definitions. As used in the regulation of wind energy systems, the following terms shall have the following meanings:

Hub height means the distance measured from grade at the center of the tower to the centerline of the turbine rotor.

Meteorological tower means a tower equipped with weather measurement instrumentation to provide data collection and recording.

Non-participating property means any property that may be affected by a wind energy facility and is not under lease or other property agreement with the owner or operator of the wind energy facility.

Participating property means a property under lease or other property agreements with the facility owner or operator pertaining to the wind energy facility.

Rated capacity means the rated electric power output of a wind energy facility based on the sum total of each wind turbine's nameplate capacity as specified by the wind turbine manufacturer.

Wind energy facility means the turbines, accessory buildings, transmission facilities, and any other equipment necessary to operate a wind energy conversion system that produces electricity with rotor blades, control or conversion electronics, and includes accessory structures and facilities including but not limited to substations, meteorological towers, infrastructure, transmission lines, access roads, control buildings, and electrical interconnection equipment.

Wind energy facility, accessory means a wind energy facility that consists of one (1) or more wind turbines, has a rated capacity of one thousand (1,000) kilowatts (one (1) megawatt) or less, and is designed to supplement other electricity sources as an accessory use to existing facilities, wherein the power generated is used primarily for on-site consumption.

Wind energy facility, medium-scale means a wind energy facility that consists of one (1) or more wind turbines, has a hub height of less than eighty (80) meters, and is designed primarily to serve a local load.

Wind energy facility, large-scale means a wind energy facility that consists of one (1) or more wind turbines and has a hub height of eighty (80) meters or more.

Wind turbine means blades used to collect the wind's kinetic energy and convert it to electricity including but not limited to rotor blades, generator, tower, electric conversion equipment, controls, wiring, and other related components.

Wind turbine height means the distance measured from grade at the center of the tower to the highest point of the wind turbine, including the tip of the rotor when it reaches its highest elevation.

Wireless communication facility (WCF)—Related definitions. As used in the context of regulating wireless communications facilities, the following terms shall have the following meanings:

Accessory equipment means any equipment serving or being used in conjunction with a WCF, including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or other structures including fences.

Alternative tower structure means man-made trees, clock towers, bell steeples, light poles, traffic signals, buildings, and similar alternative design mounting structures that are compatible with the natural setting and/or surrounding structures, and camouflages or conceals the presence of antennas or towers so as to make them architecturally compatible with the surrounding area including height limits as set forth in this Code. This term also includes any antenna or antenna array attached to an alternative tower structure.

Antenna means any device used to transmit or receive radio or electromagnetic waves such as, but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and nondirectional antennas consisting of one (1) or more elements, multiple antenna configurations, or other similar devices and configurations, and exterior apparatus designed for telephone, radio, or television communications through the sending and receiving of wireless communications signals.

Base station means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The definition of base station does not include or encompass a tower as defined herein or any equipment associated with a tower including the defined accessory equipment. This term includes, without limitation:

(1)

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 this section of the Code and 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; and

(2)

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, 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.

(3)

The definition of base station does not include any structure that, at the time the relevant application is filed with the town, does not support or house equipment described in paragraphs (a) and (b) above.

Collocation means the mounting or installing of a WCF on a pre-existing structure, and or modifying a structure for the purpose of mounting or installing a WCF on that structure provided that, for purposes of eligible facilities requests, "collocation" 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.

Eligible facilities means modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station involving: 1) collocation of new transmission equipment, 2) removal of transmission equipment, or 3) replacement of transmission equipment, as further defined in Spectrum Act (codified at 47 U.S.C. 1455) and interpreted by the courts.

Eligible support structure means any tower or base station as defined in this section, if it is existing at the time the relevant application is filed with the town under this Code.

Existing tower or base station means 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 it was built. A tower that exists as a legal conforming use and was lawfully constructed is an existing tower.

Microcell means a small wireless facility that is no larger than twenty-four (24) inches in length, fifteen (15) inches in width, twelve (12) inches in height, and that has an exterior antenna, if any, that is no more than eleven (11) inches in length.

Monopole means a single, freestanding pole-type structure supporting one (1) or more antennas.

Over-the-air-receiving-device (OTARD) antenna means:

(1)

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

(2)

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

(3)

An antenna that is designed to receive television broadcast signals.

Readily apparent means for purposes of determining whether a WCF is readily apparent, the phrase means that the facility, in the discretion of the planning director, will be easily recognizable as a WCF to a reasonable person viewing the facility as a whole and in the context of any adjacent improvements and landscaping from publicly accessible locations when considering the character, scale, and height of nearby and surrounding natural or architectural features. Methods of design and construction that may assist in reducing the visibility of a facility and reaching a conclusion that a facility is not readily apparent include the use of color mimicking surrounding structures and landscaping, minimizing facility size to the maximum extent practicable, integrating the facility into any adjacent or attached improvements, and positioning the facility in a manner that limits the degree to which the facility projects away from any adjacent structures or landscaping. Due to differences in site characteristics, a determination that a particular WCF will not be readily apparent at one (1) location shall not establish a precedent for the same determination for a facility of the same or similar design or construction at a different location.

Small cell facilities means:

(a)

A microcell facility; or

(b)

A wireless service facility that meets both of the following qualifications:

(1)

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

(2)

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 enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

Substantial change means a modification that substantially changes the physical dimensions of an eligible support structure if, after the modification, the structure meets any of the following criteria:

(a)

An increase in the height of the eligible support structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater. Changes in height shall be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height shall be measured from the dimensions of the eligible support structure, inclusive of originally approved appurtenances and inclusive of any modifications that were approved prior to the passage of the Spectrum Act on February 22, 2012;

(b)

Addition of an appurtenance to the body of the structure that would protrude more than six (6) feet from the edge of the structure;

(c)

Installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the eligible support structure, or else 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 eligible support structure; or

(1)

Excavation or deployment outside the area in proximity to the eligible support structure and other transmission equipment already deployed on the ground, or excavation or deployment outside the boundaries of the leased or owned property surrounding the eligible support structure or utility easements related to it. If the eligible support structure is a legal nonconforming tower structure that is located on a lot or parcel and not in the public right-of-way and was built for the sole or primary purpose of supporting Federal Communications Commission-licensed or authorized antennas and their associated facilities, substantial change means a modification to the physical dimensions of the tower that results in or includes any of the following:

(i)

An increase in 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;

(ii)

Addition of 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;

(iii)

Installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or

(iv)

Excavation or deployment outside the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.

Toll and tolling means to delay, suspend, or hold off on the imposition of a deadline, statute of limitations or time limit

Tower means any structure built for the sole or primary purpose of supporting one (1) or more FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private broadcast services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Transmission equipment means 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.

Wireless communications facility (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. 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, directional, omni-directional, and parabolic antennas, support equipment, 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 principal use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand-held radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this Code.

X

[Reserved]

Y

[Reserved]

Z

[Reserved]

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)