This ordinance establishes the regulations and standards governing the use and development of land within the Town. Included are provisions for the annexation, subdivision and zoning of land, as well as the administrative procedures governing the submission of applications, administrative and public reviews, and appeals. Also included are Town standards for site design, landscaping, parking and public infrastructure.

This ordinance shall be known and may be cited as the Town of Kersey Land Use Code. With this ordinance the Town of Kersey Land Use Code shall simply be referred to as "this Code."

This Code is adopted to fully exercise all relevant powers conferred by the laws of the State of Colorado, including but not limited to:

(a)

Colorado Constitution: All of the powers reserved to the Town of Kersey by the Colorado Constitution.

(b)

State Enabling Legislation: All of the powers granted to the Town by:

(1)

Title 16, Article 13, Part 3, C.R.S., Restraint and Abatement of Nuisances;

(2)

Title 24, Article 65.1, C.R.S., Areas and Activities of State Interest (1041 regulations);

(3)

Title 24, Article 67, C.R.S., Planned Unit Development Act;

(4)

Title 24, Article 68, C.R.S., Vested Property Rights Act;

(5)

Title 29, Article 1, C.R.S., Intergovernmental Relationships;

(6)

Title 29, Article 20, C.R.S., Local Government Land Use Control Enabling Act;

(7)

Title 31, Article 15, C.R.S., Powers and Functions of Cities and Towns;

(8)

Title 31, Article 23, C.R.S., Planning and Zoning;

(9)

Title 38, Article 30.5, C.R.S., Conservation Easements;

(10)

Title 40, Article 5, C.R.S., New Construction of Utilities; and

(11)

Title 43, Article 2, C.R.S., State, County, Municipal and Public Roads.

(a)

This Code shall be effective throughout the Town's corporate boundaries. The Town's planning jurisdiction includes all land within the Town, and where applicable, the land within three miles of the Town's boundaries with reference to a major street plan. For purposes of zoning and subdivision, this Code only applies to lands within the Town's corporate boundaries.

(b)

A copy of a map showing the boundaries of the Town and the area within the three-mile planning jurisdiction shall be available for public inspection in the Town offices.

The purpose of this Code is to create a vital, cohesive, well-designed community in order to enhance the Town's character and further the citizens' goals as identified in the Town of Kersey Comprehensive Plan. This Code is designed to:

(a)

Protect Quality of Life. To protect and promote the health, safety and general welfare of the present and future residents of Kersey.

(b)

Promote the Economic Well-Being of the Town. To encourage economic diversity in the Town and to protect and enhance the Town economic strength and well-being.

(c)

Protect the Environment and Environmental Resources. To ensure the use of land does not degrade or threaten the quality of the environment and environmental resources.

(d)

Provide for Orderly Development of the Town. To manage development in a manner that provides for balanced and orderly growth patterns and to provide efficient, phased government services to accommodate existing and future residents.

(e)

Expand Housing Opportunities. To enable all residents of the Town to find safe, decent, housing at purchase prices and rental rates they can afford.

(f)

Ensure Adequate Water Supplies. To ensure that all new development has an assured and adequate water supply to meet the needs of the future residents, businesses, and users of the development.

(g)

Regulate Land Use Based on Impacts. To regulate the use of land based on impacts to the surrounding areas and the community and to eliminate, minimize or mitigate conflicts between different land uses.

(h)

Simplify Land Use Review and Approval Process. To simplify, expedite and provide uniform application of the land use planning and regulatory review process.

(i)

Encourage Innovative Development. To encourage innovations in residential, commercial, and industrial development to meet the growing demands of the population through a greater variety in type, design and layout of development.

(j)

Protect the Town's Financial Health. To ensure that new development requiring town/city services is developed in areas, and at a pace, and with adequate mitigation to protect the town/city from financial burdens in providing needed services.

(k)

Comply with Applicable Laws. To comply with all applicable state and federal laws related to the topics addressed in this Land Development Code.

In their interpretation and application, the provisions of this Code shall be held to be minimum requirements for the promotion of the public health, safety and welfare. Whenever the requirements of this Code are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.

All use of land and construction of buildings and structures within the municipal boundaries of the Town shall comply with the requirements of this Code, unless explicitly exempted by the terms of this Code. No building permit shall be issued unless the plans for the proposed erection, construction, reconstruction, alteration, and use of land and buildings fully conform to all applicable provisions of this Code.

All ordinances, resolutions, and motions of the Board of Trustees of the Town or parts thereof in conflict with this Code are to the extent of such conflict hereby superseded and repealed, provided that no such repealer shall repeal the repealer clauses of such ordinance, resolution or motion, nor revive any ordinance, resolution or motion thereby. The adoption of this Code shall not adversely affect the Town's right to seek remedies for any violation of previous ordinances that occurred while those ordinances were in effect.

(a)

If two or more of the regulations in this Code conflict with each other, or conflict with other applicable laws or regulations of the Town, or conflict with applicable state or federal law, the stricter provision shall apply.

(b)

All references to a standard, regulation, manual, or agreement in this Code refer to the latest edition or version of that standard, regulation, or manual adopted by the Town.

It is the intention of the Town that this Code implement the planning policies adopted in the Kersey Comprehensive Plan ("Comprehensive Plan") for the Town and its extraterritorial planning area. While this relationship is reaffirmed, it is the intent of the Town that neither this Code nor any amendment to it may be challenged on the basis of any alleged nonconformity with the Comprehensive Plan.

(a)

Requirement for Comprehensive Plan Amendment. Where a development proposal would be in substantial conflict with the Comprehensive Plan, an amendment to the Comprehensive Plan will be required prior to any zoning or subdivision approvals. A substantial conflict will exist when a development proposal would result in changes from the designations of the Land Use Plan Map, Transportation Plan Map or Parks and Open Space Map in the Kersey Comprehensive Plan.

(b)

Criteria for Evaluating Amendment Proposals. Amendments to the Comprehensive Plan resulting from development proposals under this Code shall be evaluated according to the criteria and procedure outlined in the Comprehensive Plan.

(a)

Effective Date of Code. This Code shall become effective on January 1, 2025.

(b)

Effective Date of Future Amendments. After the Effective Date, each amendment of this Code shall become effective 30 days after final action by the Kersey Board of Trustees, unless the Board of Trustees specifies a different effective date.

(a)

The Board of Trustees shall adopt, and from time to time update, a schedule of application fees for different types of applications under this Code.

(b)

Each required application fee shall reflect the estimated time required for Town Staff to review and process the application and shall not exceed that estimate.

(c)

Application fees in effect at the time of application submittal shall be submitted with the application. Applications are not complete, and will not be processed by Town staff, until all applicable application fees have been paid.

(d)

The schedule of application fees is available at Town Hall, or on the town's website, or both.

(a)

Provision Declared Invalid. If any provision of this Code is declared invalid by a decision of any court of competent jurisdiction, the effect of such decision shall be limited to that provision that is expressly declared invalid and shall not affect any other provision of this Code.

(b)

Application to Specific Property Declared Invalid. If the application of this Code to any lot, parcel, or tract of land is declared to be invalid by a decision of any court of competent jurisdiction, then the effect of such decision shall be limited to the lot, parcel, or tract of land involved. Such decision shall not affect this Code or the application of any provision of this Code to any other lot, parcel, or tract of land.

(a)

In computing a period of days, the first day is excluded and the last day is included.

(b)

If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday or legal holiday.

(c)

If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.

(a)

As used in this Code, words used in the singular include the plural and words used in the plural include the singular.

(b)

The words "must," "shall" and "will" are mandatory; "may," "can," "should" and "might" are permissive.

(a)

Previous Permits and Approvals. The enactment or amendment of this Code shall not affect the validity of, or any conditions attached to, any permits or approvals that the Town has approved under previous land use regulations.

(b)

Previously Permitted Uses. If the Town did not previously regulate or require Town approval for a land use that is in operation on the Effective Date, the enactment or amendment of this Code shall not require the property owner to obtain a permit or approval for that use. If Town previously classified a land use operating on the Effective Date as a permitted use and this Code lists that use as a conditional use requiring town/city approval, the enactment or amendment of this Code shall not require the owner to obtain a conditional use permit in order to continue operating that use as is being operated on the Effective Date.

(c)

Pending Complete Applications. The enactment or amendment of this Code shall not affect the processing of any applications that the Town has determined to be complete under previous land use regulations prior to the Effective Date. Those applications will be reviewed, and decisions made under the terms of the previous land use regulations.

(d)

Penalties Accruing or About to Accrue. The enactment or amendment of this Code shall not be construed as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue due to a violation of the previous land use regulations that occurred before the Effective Date.

(e)

Waiver of Rights by the Town. The enactment or amendment of this Code shall not be construed as waiving any right of the Town under any provision or agreement existing prior to the adoption of this Code.

(f)

Vacation or Annulment of Rights Obtained by Individual. The enactment or amendment of this Code shall not be construed as vacating or annulling any rights obtained by any person by lawful action of the Town.

(a)

Applicability. This Section shall apply to all permitted land uses, structures, lots, signs, and site features that were legally created or initiated, but do not conform to the applicable regulations of this Code as a result of either governmental action or an action that was not initiated by the property owner, including but not limited to the adoption or amendment of this Code, acquisition of property by a governmental entity, or a Court decision authorizing or prohibiting a land use, structure, or division of land in a manner not authorized by this Code.

(b)

Nonconforming Uses.

(1)

Continued Use. Unless otherwise prohibited by other provisions of this Code, a nonconforming use may be continued and normal or routine maintenance of the structure containing a nonconforming use shall be allowed. The right to continue the use shall pass to a future buyer, lessee, or occupant of the property, use, or business or entity that operates the use.

(2)

Change of Use. A nonconforming use may be changed to any conforming use. Any change of a nonconforming use, other than to a conforming use, shall be submitted to the planning commission which, after review, shall make a recommendation of approval, approval with conditions or denial of the proposed change of use to the board of trustees. In considering a proposed change of use, the Planning Commission shall make a finding as to whether or not the change of use will adversely affect the surrounding property. For the purpose of review, the Planning Commission shall consider the following criteria:

a.

The nature and purpose of the existing nonconforming use.

b.

The difference in quality and character of the proposed use.

c.

The difference in the degree of use of the proposed use, including, but not limited to, hours of operation and parking requirements.

d.

The overall impact of the proposed use on the surrounding property.

(3)

Certificate of Nonconforming Use. Upon approval of a change of use of a nonconforming use, other than to a conforming use, or upon approval of an enlargement or extension of a building containing a nonconforming use, the Board of Trustees shall issue a certificate of nonconforming use. The certificate of nonconforming use shall state specifically wherein the nonconforming use differs from the provision of this chapter and under what conditions the change of use other than to a conforming use or enlargement or extension of a building containing a nonconforming use was approved. Failure to meet any such conditions shall be cause for the Board of Trustees to revoke the certificate of nonconforming use.

(4)

Abandonment of Use. If active and continuous operations are not carried on in a nonconforming use during a continuous period of one year, the building, other structure or tract of land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing.

(5)

Restoration. A nonconforming building or a building containing a nonconforming use which has been damaged by fire or other causes may be restored to its original condition, provided that such work is started within six months of such calamity and completed within one year of the time the restoration is commenced.

(6)

Enlargement of a building containing a nonconforming use. A proposal for the enlargement or extension of a building containing a nonconforming use shall be submitted to the planning commission which, after review, shall make a recommendation of approval, approval with conditions or denial of the proposed enlargement or extension of a building containing a nonconforming use to the Board of Trustees. In considering a proposed enlargement or extension of a building containing a nonconforming use, the planning commission shall make a finding as to whether or not the proposed enlargement or extension will adversely affect the surrounding property. For the purpose of review, the Planning Commission shall consider the following criteria:

a.

The nature and purpose of the proposed expansion.

b.

The size of the proposed expansion.

c.

The difference in the degree of use of the nonconforming use as a result of the proposed expansion.

d.

The overall impact of the proposed expansion on the surrounding property.

(7)

Alteration of a Nonconforming Building. A nonconforming building may be structurally altered, repaired or enlarged in any way permitted by these regulations.

(8)

Structural Changes. Any building or other structure containing a nonconforming use or any nonconforming building or portion thereof declared unsafe by the building inspector may be strengthened or restored to a safe condition.

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

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

(a)

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.

(b)

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

(c)

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

(d)

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.

(e)

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

(f)

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.

(g)

Each reference to a public official, including but not limited to the Director, Fire Official, or Building Official shall include any person under the control or direction of such official to whom the official is lawfully permitted to delegate authority to perform some of the official's duties.

(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 legal 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.

(a)

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 Town Manager based on the following standards. Where more than one of the following standards is applicable to a given situation, the applicable provision stated earlier in the list below shall control.

(1)

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.

(2)

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.

(3)

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

(4)

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.

(5)

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.

(6)

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.

(a)

Distance. When this Code includes a requirement based on the distance between two properties, or between a property and a utility connection, natural feature, water body, or other facility, the distance shall be measured (a) between the property line of the subject property and the property line of the lot, parcel, or tract containing the relevant connection, feature, or facility, or (b) if the connection, feature, or facility is not located on a platted lot, parcel, or tract, then between the property line of the subject property and the closes point on the connection, feature, or facility.

(b)

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

(c)

Floor Area, Gross. The total horizontal area of the floors of a building measured from the exterior walls, or from the centerline of a wall separating two buildings.

(d)

Floor Area Ratio. The gross floor area of all buildings on a lot divided by the lot area.

(e)

Fractions. 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 0.5 shall be rounded to the next lowest whole number. Fractions of 0.5 or greater shall be rounded to the next highest whole number.

(f)

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.

(2)

For a flat roof, building height is the vertical distance from the average finished grade to the highest floor level of 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)

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

(g)

Height, Fence.

(1)

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

(2)

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

(h)

Lot Coverage. The percentage equal to (1) the total surface area of the lot covered by improvements, including but not limited to building footprints, decks, or patio covers, divided by (2) the total area of the entire lot.

(i)

Lot Depth. The least distance from the rear lot line to the front lot line.

(j)

Lot Width. The minimum horizontal distance between the side lot lines measured along a straight line most parallel to the front lot line at the front setback. This minimum measurement or greater is maintained from the front building setback to the rear building setback.

(k)

Residential Density. Gross density shall be calculated by the number of dwelling units per acre.

(l)

Setback, Front. The shortest distance between (1) the front lot line and (2) any point on a primary or accessory structure for which Chapter 21, Article III Exceptions and Encroachments, does not provide an exception from setback requirements.

(m)

Setback, Rear. The shortest distance between (1) the rear lot line and (2) any point on a primary or accessory structure for which Chapter 21, Article III Exceptions and Encroachments, does not provide an exception from setback requirements.

(n)

Setback, Side. The shortest distance between (1) that portion of any side located between the front and rear setback lines and (2) any point on a primary or accessory structure for which Chapter 21, Article III Exceptions and Encroachments, does not provide an exception from setback requirements.

(o)

Sign Area. 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, insignias or symbols.

(p)

Sign Height.

(1)

For a freestanding sign, the distance between the topmost point on a sign face and (i) the grade level of the support post (for a pole sign) or (ii) 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 (i) the midpoint of the lower edge of the sign face, and (ii) the midpoint of the upper edge of the sign face.

Terms used in this Code are defined as follows:

Abandoned vehicle means any vehicle left unattended on public property, including any portion of any highway, street, alley or other right-of-way, for 24 hours or longer, unless the owner or driver has conspicuously affixed a dated notice stating his intention to return or has otherwise notified the police department of his intention to remove the vehicle within 72 hours.

Abutting means bordering or touching, such as sharing a common lot line.

Accessible unit means a housing unit that:

(a)

Satisfies the requirements of the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as now existing or as hereafter amended;

(b)

Incorporates universal design; or

(c)

Is either a type A dwelling unit, as defined in C.R.S Section 9-5-101 (10), or a type B dwelling unit, as defined in C.R.S. Section 9-5-101 (12), as now existing or as hereafter amended.

Accessory building means a subordinate building or structure located on the same lot as the primary structure, the use of which is incidental to the principal use.

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

(a)

Provides complete independent living facilities for one or more individuals;

(b)

Is located on the same lot as a proposed or existing primary residence; and

(c)

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

Accessory use means a subordinate use, clearly incidental and related to the main structure, building, or use of land, and located on the same lot as that of the main structure, building, or use.

Adjacent means meeting or touching at some point or separated from a lot or parcel by one of the following: a street, alley, or other right-of-way, lake, stream or open space.

Adjacent property owner is an owner of record of any estate, right or interest in real property abutting and within a specified distance, which can vary, of the subject property.

Administrative authority means the Town Manager, the Town Manager's designee or such other administrative official appointed to perform inspections, removal or other duties and to promote the enforcement of this Code.

Adult-oriented use means a use of property where the principal use, or a significant or substantial addition to another use of the property, is the sale, rental, display or other offering of live entertainment, dancing or material which is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to "specified sexual activities" or "specified anatomical areas" as the primary attraction to the premises, including, but not limited to:

Adult arcade means an establishment where, for any form of consideration, one or more still or motion picture projectors or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

Adult bookstore, adult novelty store or adult video store means a commercial establishment which:

(a)

Devotes a significant or substantial portion of its stock-in-trade or interior floor space to;

(b)

Receives a significant or substantial portion of its revenues from; or

(c)

Advertising expenditures to the promotion of: the sale, rental or viewing (for any form of consideration) of films, motion pictures, video cassettes, slides or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

(d)

An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas", and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as the provisions hereof are otherwise met.

Adult business means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment or nude model studio. The definition of "adult businesses" shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.

Adult cabaret means a club, restaurant, "pop shop", or similar commercial establishment which features:

(a)

Persons who appear nude or in a state of nudity or semi-nude;

(b)

Live performances, which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities", or

(c)

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities or "specified anatomical areas".

Adult motel means a motel, hotel or similar commercial establishment which:

(a)

Offers public accommodations for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion picture, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this adult type of material by means of a sign visible from the public right of way, or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television; or

(b)

Offers a sleeping room for rent for a period of time less than ten (10) hours; or

(c)

Allows a tenant or occupant to subrent a sleeping room for a time period of less than ten (10) hours.

Adult motion picture theater means a commercial establishment where films, motion picture, video cassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

Adult theater means a theater, concert hall, auditorium or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities".

Adult establishment: In regard to an adult business, means and includes any of the following:

(a)

The opening or commencement of any such business as a new business;

(b)

The conversion of an existing business into an adult business;

(c)

The addition of an adult business to any other existing adult business;

(d)

The relocation of an adult business.

Licensing Officer: The Town Clerk.

Manager means an operator, other than a licensee, who is employed by an adult business to act as a manager or supervisor of employees or is otherwise responsible for the operation of the business.

Nude model studio means any place where a person, who appears in a state of nudity or displays "specified anatomical areas", is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons.

Nudity or state of nudity means:

(a)

The appearance of human bare buttocks, anus, male genitals, female genitals or the areola or nipple of the female breast;

(b)

A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, public region or areola or nipple of the female breast.

Operator includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

Peep booth means a viewing room of less than one hundred fifty (15) square of floor space.

Permittee and/or licensee means a person in whose name a permit and/or license to operate an adult business has been issued, as well as the individual listed as an applicant on the application of or a permit and/or license.

Person means an individual, proprietorship, partnership, corporation, limited liability company, association or other legal entity.

Premises or permitted or licensed premises means any premises that requires a license and/or permit and that is classified as an adult business.

Principal owner means any person owning, directly or beneficially, a) ten percent (10%) or more of a corporation's equity securities; b) ten percent (10%) or more of the membership interest in a limited liability company; or c) in the case of any other legal entity, ten percent (10%) or more of the ownership interest in the entity.

Private room means a room in an adult motel that is not a peep booth, has a bed and a bath in the room or adjacent room, and is used primarily for lodging.

Seminude means a state of dress in which clothing covers no more than the genital, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

Sexual encounter establishment means a business or commercial establishment, that as one of its primary business purposes, offers, for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or seminude. An adult motel will not be classified as a sexual encounter establishment by virtue of the fact that it offers private rooms for rent.

Specified anatomical areas means:

(a)

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or

(b)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified criminal acts means sexual crimes against children, sexual abuse, rape or crimes connected with another adult business, including distribution of obscenity, prostitution, or pandering.

Specified sexual activities means:

(a)

The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts;

(b)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

(c)

Masturbation, actual or simulated; or

(d)

Human genitals in a state of sexual stimulation, arousal or tumescence;

(e)

Excretory functions as part of or in connection with any of the activities set forth in subsections of this definition.

Transfer of ownership or control of an adult business means and includes any of the following:

(a)

The sale, lease or sublease of the business;

(b)

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.

(c)

The establishment of a trust, management arrangement, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possession the ownership or control.

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

Agricultural products means products grown or raised on a property, intended for direct human or animal consumption or use, such as vegetables, fruits, dairy products, eggs, grains, meat, poultry, fish, honey, hay, bedding plants and wool.

Agritourism 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 involvement in 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 term includes site tours, hayrides, corn mazes, classes related to agricultural products or skills, picnic and party facilities offered in conjunction with the above.

Alley means a public or private right-of-way providing secondary access to the rear of one 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.

Alteration means any change, addition or modification in construction, occupancy or use.

Animal boarding shall mean the operation of an establishment in which domesticated animals other than household pets are housed, groomed, bred, boarded, trained or sold. This term shall not include the operation of a kennel.

Animal daycare 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.

Animal Feeding Operation (AFO) means a lot or facility (other than an aquatic animal production facility) where the following conditions are met:

(a)

Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and

(b)

Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

Antenna means any transmitting or receiving device or equipment mounted on a tower, building or structure that radiates, captures, receives, switches, emits or transmits electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals, including, but not limited to, paging, enhanced specialized mobile radio service, commercial mobile radio service, personal communication services, microwave link antenna, cellular telephone and other related technologies.

Antenna, panel means any antenna with both a vertical and horizontal plane designed to receive, transmit, direct, relay, aim or switch signals associated with telecommunication services. Panel antennae are mounted to lawfully existing buildings and structures.

Antenna, whip means any antenna cylindrical in shape and less than eight (8) inches in circumference that emits signals in a three-hundred-sixty-degree horizontal plane for the transmission or reception of wireless communications signals.

Apartment means a room or suite of rooms with cooking facilities available which is occupied as a residence by a single family or a group of individuals living together as a single-family unit. This includes any unit in buildings with more than two (2) dwelling units.

Applicant means the owner of land, the owner's authorized representative, or the optionee of the land, as well as mineral owners and lessees.

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

Aquifer recharge area means an area where water is absorbed into a natural aquifer adding to the zone of saturation.

Arcade is a series of arches supported on piers or columns.

Area of lot means the total horizontal area within the lot lines of a lot.

Artisan studio and gallery means the workshop or studio of an artist, craftsperson, sculptor or photographer, which workshop is primarily used for onsite production of unique custom goods through the use of hand tools or small-scale equipment and may be used as an accessory gallery or for sales.

Artisan manufacturing means the small-scale firms that focus on direct sales rather than the wholesale market, who are involved in the on-site production of hand-fabricated or hand manufactured goods through the use of hand tools or small scale, light mechanical equipment.

Assisted living facility means a state-licensed establishment which provides permanent living quarters and a variety of limited personal care and supportive health care to individuals who are unable to live independently but who do not need skilled nursing care. The facility may provide supportive health care monitoring, such as assistance with medication, but is limited to services which do not require state or federal licensing.

Automotive repair, major means an establishment primarily engaged in the repair or maintenance of commercial and heavy truck oriented motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, provided it is conducted within a complete enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products.

Automotive repair, minor means an establishment primarily engaged in the repair or maintenance of passenger and light truck oriented motor vehicles, trailer and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, car washing, detailing, polishing or the like, provided it is conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products.

Auxiliary quarters means one or more interconnected rooms permanently attached to or located within a single-family dwelling which are arranged, designed, used or intended for use as a complete independent living facility for one family.

Average daily traffic count means the average number of one-way vehicular trips that are generated from a particular land use during a 24-hour period.

Awning means a roof-like cover of canvas or other material extending in front of a doorway or window, or over a deck, to provide protection from the sun or rain.

Awning sign means a wall sign which is painted, stitched, sewn or stained onto the exterior of an awning.

Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year.

Bar or tavern means an establishment providing or dispensing fermented malt beverages, and/or malt, vinous or spirituous liquors and in which the sale of food products such as sandwiches or light snacks is secondary.

Beacon, revolving means a rotating source of light.

Bed and breakfast means an establishment operated in a private residence or portion thereof, which provides temporary accommodations to overnight guests for a fee and which is occupied by the operator of such establishment.

Bikeway means a path designed for use by bicyclists, which may be used by pedestrians.

Blank wall shall mean an exterior building wall with no openings and a single material and uniform texture on a single plane.

Block means a unit of land, or a group of lots, bounded by streets or by a combination of streets and public lands, or other rights-of-way other than an alley, waterways or any barrier to the continuity of development, or land which is designated as a block on any recorded subdivision tract.

Block Diversity Plan is a plan provided by an applicant which demonstrates that an adequate mix of housing models and styles are offered within a neighborhood and within each block face. The intent is to insure that diverse and quality design elements are integrated into the character of residential homes and streets.

Block face is the length of a side of a roadway adjoining a sidewalk which has a natural ending or is intersected by another roadway. Where no natural ending or intersecting roadway exists for more than 300 yards along the length of a roadway adjoining a sidewalk, then an individual Block Face will be considered every 300-yard section and remaining fraction thereof. For purposes of this Chapter, Block Face applies exclusively to areas zoned as commercial, business or mixed-used, and not residential areas.

Board of Trustees (Board) means the governing board of the Town.

Boarding and rooming house means a building or portion of which is used to accommodate, for compensation, four (4) but not more than 15 boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensation shall include compensation in money, services or other things of value.

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

(a)

Is permanently affixed to the land.

(b)

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

Building code means and includes any law, ordinance or code which is in force in the Town and which pertains to the design and construction of buildings and other structures, including swimming pools or any component thereof, such as cooling and heating, plumbing, electricity and the like.

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 frontage means the horizontal, linear dimension of that side of a building, which abuts a street, a parking area, a mall, or other circulation area open to the public and has either a main window display or a public entrance to the building.

Building height means the vertical distance from the average of the finished ground level at the center of all walls of a building, to the highest point of the roof surface, excepting gabled roofs, which are measured at midpoint, exclusive of chimney, ventilators, pipes and similar apparatus.

Building material and supply store means a business involved in the sale, storage, and distribution of structure 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 the Town prior to the erection, construction, alteration, moving, or relocation of a building or structure.

Caliper means the American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six (6) inches above the ground for trees up to and including four-inch caliper size, and as measured at twelve (12) inches above the ground for larger sizes.

Campground or recreational vehicle park means an area on which two 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.

Camping means a recreational activity involving the spending of up to seven consecutive nights in a tent, primitive structure, travel trailer or recreational vehicle at a campsite.

Canopy sign means a wall sign that is permanently affixed to a roofed shelter attached to and supported by a building, by columns extending from the ground or by a combination of a building and columns.

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.

Cash-in-lieu (also known as "fee-in-lieu") means that the applicant, at the determination of the Board of Trustees, may pay the Town money instead of land dedication in those cases where the dedication of land is not the preferred alternative. The payment shall comply with the following requirements unless otherwise provided for by this Code.

(a)

Payment shall be based on the market value, to be determined after completion of the platting process, of the entire property as it is valued after platting.

(b)

The value of the land is based upon an appraisal by a competent, independent appraiser selected by the Town and the applicant, or upon value negotiated between the Town and applicant. The suitability of the land to be dedicated for public purposes and the credit to be given toward the land dedication requirement is at the Town's sole option and discretion.

(c)

Combination of dedication and cash-in-lieu:

(1)

The applicant, at the option of the Board, may meet the dedication requirements through a combination of cash-in-lieu and land dedication in those cases where a portion of the dedication of land is not desired.

(2)

The value of the combination of both the land dedication and the cash-in-lieu of land shall not exceed the full market value of the total required dedication of sites and land areas.

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 to the general public is not provided.

Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including mausoleums and mortuaries when operated in conjunction with, and within the boundaries of, such cemetery.

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 or more of the following:

(a)

An increase or decrease in the number of dwelling units;

(b)

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

(c)

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;

(d)

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;

(e)

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

(f)

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

Character means those attributes, qualities and features that make up and distinguish a development project and give such project a sense of purpose, function, definition and uniqueness.

Child care center means any facility, by whatever name known, licensed by the State of Colorado and maintained for compensation, for the whole or any part of a day, for the care of five or more children under the age of 16 years who are not related to the owner, operator or manager thereof except that a child care center shall not include any of the following five (5) types of family child care homes as defined by the State of Colorado: regular family child care home, three under two family child care home, infant/toddler home, experienced family child care provider home or large family child care home. The term includes, but is not limited to, facilities commonly known as day care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, centers for developmentally disabled children and those facilities which give twenty-four-hour-per-day care for dependent and neglected children. Child care centers are also those facilities for children under the age of six (6) years with stated educational purposes which are operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six (6) grades.

Church or place of worship and assembly means a building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious or other services or meetings of the occupants of such structure. Church or place of worship and assembly shall include churches, synagogues or the like, but shall not include buildings used for commercial endeavors, including, but not limited to, commercial motion picture houses or stage productions.

Clerestory means a portion of an interior rising above adjacent rooftops and having windows admitting daylight to the interior.

Clinic means a building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.

Clubs and lodges means organizations of persons for special purposes or for the promulgation of sports, arts, literature, politics or other common goals, interests or activities, characterized by membership qualifications, dues or regular meetings, excluding clubs operated for profit and/or places of worship or assembly.

Code means the Town of Kersey Land Use Code.

Colorado Natural Medicine Code (CNMC) means C.R.S. § 44-50-101, et seq, as now existing or as hereafter amended.

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

Commercial vehicle means any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A (Agricultural) Zone District. A commercial vehicle shall include, but is not limited to, semi-tractors and trailers, dump trucks, construction equipment and tow trucks. A commercial vehicle shall not be allowed to deteriorate to the condition of a derelict vehicle or be utilized as a storage unit, unless the use is allowed through the zone district.

Common equestrian stabling and grazing means shared pastures and/or common barns for horses in conservation subdivision which is owned and maintained by a homeowner's association.

Common open space means a parcel of land, an area of water, or a combination of land and water within a development designed and intended primarily for the use or enjoyment of residents, occupants and owners of the development, not including streets, off-street parking areas, and areas set aside for public facilities.

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, including without limitation:

(a)

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

(b)

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 Design Principles & Development Standards means the standards in the Kersey Land Use Code.

Community facility means a publicly owned facility or office building which is primarily intended to serve the recreational, educational, cultural, administrative or entertainment needs of the community as a whole.

Community center means a building or other structure which is town owned or used by the town that provides services to the community and is open to the general public.

Compatibility means the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development.

Comprehensive plan means the plan which was adopted by the Planning Commission and Board of Trustees in accordance with C.R.S § 31-23-206, to guide the future growth, protection and development of the Town, affording adequate facilities for housing, transportation, comfort, convenience, public health, safety and general welfare of its population.

Condominium means a single unit in a multiple unit structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.

Conference center means a facility that provides lodging, meeting rooms, and on-site catering and meals to meeting attendees, and that may also provide recreational activities, dining facilities, parking, storage facilities and restrooms or other needs operated on the site for guests or members.

Conservation easement means a right of the owner of the easement to prohibit certain acts with respect to the property in order to maintain the property in a manner that will preserve its value for recreation, education, habitat, open space, or historical importance. See also C.R.S. § 38-30.5-102 (NOTE: For a conservation easement to create tax benefits for the donor at the federal or state level, it must meet either or both of the Internal Revenue Service or State of Colorado definitions).

Container (also known as cargo or shipping container) means a truck trailer body that can be detached from the chassis for loading into a vessel, a rail car or stacked in a container depot. Containers may be ventilated, insulated, refrigerated, flat rack, vehicle rack, open top, bulk liquid or equipped with interior devices. A standard container may be twenty (20) feet, forty (40) feet, forty-five (45) feet, forty-eight (48) feet or fifty-three (53) feet in length, eight feet (8'0") or eight feet six inches (8'6") in width, and eight feet six inches (8'6") or nine feet six inches (9'6") in height

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 definition also includes contractor's office.

Convenience retail store means a retail store containing less than five thousand (5,000) square feet of gross floor area which sells everyday goods and services which may include, without limitation, ready-to-eat food products, groceries, over-the-counter drugs and sundries.

Convenience shopping center means a shopping and service center located in a complex which is planned, developed and managed as a single unit, and located within and intended to primarily serve the consumer demands of adjacent employment areas and residences.

Cornice means a continuous, molded projection that crowns a wall or other construction, or divides it horizontally for compositional purposes.

Correction plat means the 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.

Cottage food means food products that are eligible to be prepared and sold following the requirements of the Colorado Cottage Foods Act include pickled fruits and vegetables with a finished equilibrium pH of 4.6 or below, spices, teas, dehydrated produce, nuts, seeds, honey, jams, jellies, preserves, fruit butter, flour, baked goods, including candies, fruit empanadas, tortillas, and other foods that do not require refrigeration to maintain product safety.

Cottage food operation means an enterprise that is operated by a cottage food operator within the permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct sale to consumers.

County means the County of Weld, Colorado.

Covenants means a private written agreement outlining regulations specific to a development. As private restrictions, they are not enforced by the Town. In the event of conflict between the covenants and this Code, this Code controls.

Critical plant communities means vegetation which is essential to the conservation of threatened or endangered species and which may require special management considerations or protection.

Crosswalk means pathway marked off for pedestrians to cross a street.

C.R.S. means Colorado Revised Statutes, including all amendments thereto.

Cul-de-sac means a local street with only one outlet and having the other end for the reversal of traffic movement.

Cultural assets means buildings, locations and other features considered historically or socially significant to the community.

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 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 or more children under the age of 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. The term includes facilities commonly known as day care centers, day nurseries, nursery schools, kindergartens, preschools, play groups, day camps, summer camps, and centers for mentally retarded children and those facilities which give 24-hour care for dependent and neglected children, and includes those facilities for children under the age of six 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 grades.

Dairy means an establishment for the primary production and subsequent sale or distribution of milk and/or milk products.

Dedicated land means land transferred to the Town by platting, title, deed or other legal method approved by the Town Attorney.

Dedication means any grant by the owner of a right to use land for the public in general, involving a transfer of property rights, and an acceptance of the dedicated property by the appropriate public agency.

Design standards means the standards that set forth specific improvements requirements.

Detention basin means a man-made or natural water collector facility designed to collect surface and sub-surface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of property, into natural or manmade outlets.

Developer means any person, partnership, joint venture, limited liability company, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a development.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. Development shall also include:

(a)

Any construction, placement, reconstruction, alteration of the size, or material change in the external appearance of a structure on land;

(b)

Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development;

(c)

Any change in use of land or a structure;

(d)

Any alteration of a shore or bank of a river, stream, lake, pond, reservoir or wetland;

(e)

The commencement of drilling oil or gas wells, mining, stockpiling of fill materials, filling or excavation on a parcel of land;

(f)

The demolition of a structure;

(g)

The clearing of land as an adjunct of construction;

(h)

The deposit of refuse, solid or liquid waste, or fill on a parcel of land;

(i)

The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property; and

(j)

The construction of a roadway through or adjoining an area that qualifies for protection as a wildlife or natural area.

Development shall not include:

(a)

Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way;

(b)

Work by any public utility for the purpose of inspecting, repairing, renewing or constructing, on established rights-of-way, any mains, pipes, cables, utility tunnels, power lines, towers, poles, or the like; provided, however, that this exemption shall not include work by a public entity in constructing or enlarging mass transit or fixed guide way mass transit depots or terminals or any similar traffic-generating activity;

(c)

The maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure;

(d)

The use of any land for an agricultural activity (refer to 1.15.A.10);

(e)

A change in the ownership or form of ownership of any parcel or structure; or

(f)

The creation or termination of rights of access, easements, covenants concerning development of land, or other rights in land.

Development plan means the written and graphical documents that detail the provisions for development of a PUD development. These provisions may include, and need not be limited to, easements, covenants and restrictions relating to use; location and bulk of buildings and other structures; intensity of use or density of development; utilities, private and public streets, ways, roads, pedestrians, areas, and parking facilities; common open space, and other public facilities.

Distillery means any establishment licensed pursuant to the provisions of C.R.S. title 12, art. 47, where spirituous liquors are manufactured. Spirituous liquors include any alcohol beverage obtained by distillation, mixed with water and other substances in solution and includes, among other things, brandy, rum, whiskey, gin and every liquid or solid, patented or not, containing at least one-half of one percent alcohol by volume and which is fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor, except as provided in C.R.S. § 12-47-103(19) and (39), shall not be construed to be fermented malt or malt or vinous liquor but shall be construed to be spirituous liquor.

Domestic water means both raw and treated water delivered for eventual drinking and related residential purposes.

Dormer means a projecting structure built out from a sloping roof, usually housing a vertical window or vent.

Downtown means the original business district of Kersey. The boundary of downtown may change as Kersey continues to grow.

Drive aisles means the lanes in a parking lot devoted to the passage of vehicles, as opposed to the parking stalls. The term drive aisle does not include lanes used only or primarily for drive-in customer service.

Drive-in use means an establishment which by design, physical facilities, service or packaging procedures encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles.

Driveway means a constructed vehicular access serving one (1) or more properties and abutting a public or private road.

Dwelling unit means a building providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including single-household dwellings, two-household dwellings and multi-household dwellings.

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

Dwelling, multi-unit means one or more buildings or portion of buildings on a single lot, parcel, or tract of land that contains five or more individual dwelling units, where each unit is occupied by one occupant or 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.

Dwelling, single-unit means a building designed exclusively for occupancy by one (1) family, containing a primary heat source and living facilities for sleeping, cooking, eating, and sanitation. This use type includes modular homes, but not including mobile home, otherwise provided herein.

Dwelling, single-unit attached means a single-household dwelling attached to one or more single-household dwellings by a common vertical wall, containing a primary heat source and living facilities for sleeping, cooking, eating, and sanitation.

Dwelling, single-unit detached means a single-household dwelling which is not attached to any other dwelling or building by any means, containing a primary heat source and living facilities for sleeping, cooking, eating, and sanitation. excluding mobile homes.

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

Dwelling unit means a single unit providing complete independent living facilities for one or more individuals, including permanent facilities for cooking, eating, living, sanitation, and sleeping.

Easement means a dedication of land for a specified use, such as providing access for maintenance of utilities.

Eave means the overhanging lower edge of a roof.

Educational facility means any building used for legally allowed educational purposes for more than 12 hours per week for more than six persons. The term "educational facility" includes any building or portion of a building used for licensed day care purposes for more than six persons.

Electric transmission lines means the system, including lines and support structures, used to transmit electric energy in amounts of 115 kV and above.

Elevation means the external vertical plane of a building. Elevations are considered different if they have different roof lines, building materials, details, color and overall stylistic expression.

Employees means the total number of persons to be employed in a building during normal periods of use.

Enclosed means a permanent or semi-permanent area covered and surrounded on all sides. Temporary opening of windows or doors or the temporary removal of wall or ceiling panels does not convert the area into an unenclosed space.

Entertainment facilities and theaters means a building or part of a building devoted to showing motion pictures or dramatic, musical or live performances.

Environmental protection agency or EPA means the U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, the regional administrator, or other duly authorized official of said agency.

Environmentally sensitive areas means aquifer recharge areas, significant wildlife habitat and migration corridors, unique vegetation and critical plant communities, and ridge lines.

Event center means a building, room, or portion of a building that is used to provide space for events, such as conferences, meetings, parties, weddings, receptions, and fundraisers.

Externality means any off-site effect of a land use, including but not limited to impacts on traffic circulation and parking, noise levels, air and water quality, visual character of the area, demand for public services (e.g., schools, utilities, fire protection), property values, public health and safety.

Family child care home means a facility for child care in a place of residence of a family or person for the purpose of providing less than twenty-four (24) hour care for children under the age of eighteen (18) years who are not related to the head of such home. Family child care home may include infant-toddler child care homes, large child care homes, experienced provider child care homes, and such other types of family child care homes designated by rules of the State Department of Social Services pursuant to C.R.S. § 26-6-106 (2) (p).

Farm animals means animals commonly raised or kept in an agricultural, rather than an urban, environment including, but not limited to, chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules.

Farming means the cultivation of land, growing of crops, ranching and/or the raising of livestock.

Farm stand means an accessory or temporary o structure used for the sale and display of agricultural products resulting from agricultural operations.

Feedlot means any tract of land or structure, pen or corral, wherein cattle, horses, sheep, goats, emus, ostriches or swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market.

FCC means the Federal Communications Commission.

FEMA means Federal Emergency Management Agency.

FHA means Federal Housing Administration.

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

Fleet services means a central facility for the storage and/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 or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(a)

The overflow of waters; and/or

(b)

The unusual and rapid accumulation or runoff of surface waters from any source.

Floodplain or flood hazard area means areas which have been designated by the Board of Trustees, the Colorado Water Conservation Board or FEMA as susceptible to flooding.

Flood prone means areas subject to flooding which have not been designated by the Board of Trustees, the Colorado Water Conservancy Board or FEMA.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (.5) foot.

Floor area means the area of the floor within surrounding walls of a building or portion thereof, exclusive of basements, open balconies, garages or other enclosed automobile parking areas.

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

Food catering or small food product preparation means a facility in which food and/or beverages are prepared for delivery and consumption in other locations, and in which on-site dining to the general public is not provided.

Footprint, also called ground level footprint, means the outline of the total area which is covered by a building's perimeter at ground level.

Freestanding sign means a sign which is supported by one (1) or more columns, uprights, poles or braces extended from the ground, or which is erected on the ground and shall also include a monument sign and pole signs but does not include a sign attached to a structure.

Frontage means all property abutting upon one side of a street between two intersecting streets.

Functional open space means open space which is large enough to serve a practical purpose such as recreation, wildlife habitat or preservation of areas of agricultural, archeologic or historical significance and shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells or their appurtenances, or other hazards to the public.

Funeral home means a building used for the preparation of the deceased for burial or cremation, for the display of the deceased and/or for ceremonies or services related thereto, including cremation and the storage of caskets, funeral urns, funeral vehicles and other funeral supplies.

Gable means the triangular portion of wall enclosing the end of a pitched roof from cornice or eaves to ridge.

Gasoline station means any building, land area, premises or portion thereof, where gasoline or other petroleum products or fuels are sold and light maintenance activities such as engine tune-ups, lubrication, minor repairs and carburetor cleaning may be conducted. Gasoline station shall not include premises where heavy automobile maintenance activities such as engine overhaul, automobile painting and body fender work are conducted.

Geologic hazards means unstable or potentially unstable slopes, undermining, faulting, landslides, rockfalls, flood, wildfire or similar naturally occurring dangerous features or soil conditions or natural features unfavorable to development.

Grade means:

(a)

The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.

(b)

The degree of rise or descent of a sloping surface.

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

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

Grocery store, large means a retail establishment which primarily sells food, but also may sell other convenience and household goods, and which occupies a space greater than twenty-five thousand (25,000) square feet. The term large grocery store is synonymous with supermarket.

Grocery store, small means a retail establishment primarily selling food, as well as other convenience and household goods, which occupies a space of not more than twenty-five thousand (25,000) square feet.

Gross square footage (GSF) means the total floor area designed for occupancy and use, including basements, mezzanines, stairways and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.

Group home 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 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 persons with disabilities, persons with mental health conditions, or persons with developmental disabilities.

(a)

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

(b)

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

Guest house means an accessory structure which is physically detached from a single-family dwelling unit, is serviced through the same utility meters or connections as the principal use and is intended for temporary occupancy by visitors to the family residing in the single-family dwelling and has no cooking facilities.

Health club means a facility that provides physical fitness services and/or equipment to its members.

Highway corridor means the area within one thousand five hundred (1,500) feet of the rights-of-way of the State Highway 34.

Hip roof means a roof having sloping ends and slides meeting at an inclined projecting angle.

Home occupation means an occupation or business activity which results in a product or service and is conducted in whole or in part in a dwelling unit and is subordinate to the residential use of the dwelling unit.

Homeowners' association means the association set up to enforce the covenants and maintain all common areas and buildings for a development. Also known as "Owners Association."

Horticulture means the growing of fruits, vegetables, herbs, flowers or ornamental plants.

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

Hotel/motel/lodging establishment means a building intended and used for occupancy as a temporary abode for individuals who are lodged with or without meals, in which there are five (5) or more guest rooms.

Human scale (pedestrian scale) means the proportional relationship between the dimensions of a building or building element, street, outdoor space or streetscape element and the average dimensions of the human body, taking into account the perceptions and walking speed of a typical pedestrian.

Illumination, direct means lighting by means of an unshielded light source (including neon tubing) which is effectively visible as a part of the sign, where light travels directly from the source to the viewer's eye.

Illumination, indirect means lighting by means of a light source directed at a reflecting surface in a way that illuminates the sign from the front, or a light source that is primarily designed to illuminate the entire building facade upon which a sign is displayed. Indirect illumination does not include lighting which is primarily used for purposes other than sign illumination; e.g., parking lot lights, or lights inside a building that may silhouette a window sign but are primarily installed to serve as inside illumination.

Illumination, internal means lighting by means of a light source that is within a sign having a translucent background, silhouetting opaque letters or designs, or which is within letters or designs that are themselves made of a translucent material.

Inoperable means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purposes for which a vehicle was originally constructed, not bearing a valid, unexpired license plate, unless of a type specifically exempted from motor vehicle licensing laws of the state or being incapable of being moved under its own power in its existing condition, and not having all tires inflated.

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 definition 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 uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involved hazardous conditions. Heavy industrial shall also mean those uses engaged in the operation, parking and maintenance of vehicles, cleaning of equipment or work processes involving solvents, solid waste or sanitary waste transfer stations, recycling establishments, and transport terminals (truck terminals, public works yard, container storage).

Industrial, light means uses engaged in the manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales or distribution of such products. Further, light industrial shall mean uses such as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories or the like. Light industrial shall not include uses such as mining and extracting industries, petrochemical industries, rubber refining, primary metal or related industries. All activities take place within a building.

Infrastructure means those man-made structures which serve the common needs of the population, such as: potable water systems; wastewater disposal systems; solid waste disposal sites. detention or retention areas; storm drainage systems; electric, gas or other utilities; bridges; roadways; bicycle paths or trails; pedestrian sidewalks, paths or trails; and transit stops.

Integrate means to combine or coordinate separate elements (such as housing, recreation, jobs, and shopping), so as to provide a harmonious, interrelated whole; organized or structured so that constituent parts function cooperatively.

Intra-neighborhood connections means connections (such as trails and roads) within the same neighborhood.

Inter-neighborhood connections means connections (such as trails and roads) between neighborhoods.

Irrigation ditch or canal means a channel designed to transport irrigation water.

Junkyard means an industrial use contained within a building, structure or parcel of land, or portion thereof, used for collecting, storing or selling wastepaper, rags, scrap metal or discarded material or for collecting, dismantling, storing, salvaging or demolishing vehicles, machinery or other material and including the sale of such material or parts thereof. Junkyard shall not include a recycling facility.

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.

Kersey Comprehensive Plan means the plan, which was adopted by the Planning Commission and Board of Trustees in accordance with C.R.S § 31-23-206, to guide the future growth, protection and development of the Town, affording adequate facilities for housing, transportation, comfort, convenience, public health, safety and general welfare of its population.

Landowner means any owner of a legal or equitable interest in real property, and includes the heirs, successors, and assign of such ownership interests.

Landscaped area means the area within a lot or property not comprised of hardscape, measured at the ground plane. Water features may be included in the calculation of landscape area. Landscape area will not include rights-of-way. Landscape requirements within the right-of-way are met by complying with street tree requirements.

Landscaping means any combination of living plants such as trees, shrubs, plants, vegetative ground cover or turf grasses, and may include structural features such as plazas, walkways, fences, benches, works of art, reflective pools, fountains or the like. Landscaping shall also include irrigation systems, mulches, topsoil use, soil preparation, revegetation or the preservation, protection and replacement of existing trees.

Lane means a private street; or a portion of a roadway delineated for a single line of vehicles; or a secondary means of access to the abutting lots and not intended for general traffic circulation.

Large retail establishment means a retail establishment, or any combination of retail establishments in a single building, occupying more than twenty-five thousand (25,000) gross square feet of floor area, except that no supermarket shall be deemed to be a large retail establishment.

Large scale solar facility means a facility which is used for the production of electrical energy from energy collected by the sun, including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and will have a rated capacity greater than 30 megawatts. This designation shall not include roof- and/or ground-mounted solar systems located on permitted principal and accessory buildings and designed to supply power to the principle use(s) on site.

Laundry and dry-cleaning retail outlet means a laundry or dry-cleaning business which consists primarily of serving retail customers, provided that any laundry and dry-cleaning processing that occurs on the premises is limited to items which are brought directly to the premises by the retail customer.

Lighting, indirect when applied to the lighting of signs, shall mean reflected light only from a concealed light source outside the sign face which reflects from the sign face only or from the sign face and sign copy.

Limited indoor recreation facility means a place where recreation activities occur completely within an enclosed structure including but not limited to bowling alleys, skating rinks, pool halls, video and pinball parlors.

Limited outdoor recreation facility means a place with outdoor activities including but not limited to miniature golf, batting cages, water slides, skateboard parks, driving ranges, and go-cart tracks.

Livestock refers to domesticated animals such as such as cows, horses, sheep, hogs, chickens and turkeys that may be kept or raised in pens, houses, pastures, or on farms as part of an agricultural or farming operation, whether for commerce or private use.

Lodging establishment means a building intended and used for occupancy as a temporary abode for individuals who are lodged with or without meals, in which there are five (5) or more guest rooms.

Long-term care facility means any of the following:

(a)

Convalescent center means a health institution that is planned, organized, operated and maintained to offer facilities and services to inpatients requiring restorative care and treatment and that is either an integral patient care unit of a general hospital or a facility physically separated from, but maintaining an affiliation with, all services in a general hospital.

(b)

Nursing care facility means a health institution planned, organized, operated and maintained to provide facilities and health services with related social care to inpatients who require regular medical care and twenty-four (24) hour per day nursing services for illness, injury or disability. Each patient shall be under the care of a physician licensed to practice medicine in the State of Colorado. The nursing services shall be organized and maintained to provide twenty-four (24) hour per day nursing services under the direction of a registered professional nurse employed full time. Such facility shall be licensed to operate by the State of Colorado.

(c)

Intermediate health care facility means a health-related institution planned, organized, operated and maintained to provide facilities and services which are supportive, restorative or preventive in nature, with related social care, to individuals who because of a physical or mental condition, or both, require care in an institutional environment but who do not have an illness, injury or disability for which regular medical care and twenty-four (24) hour per day nursing services are required. Such facility shall be licensed by the State of Colorado.

Lot means a designated parcel, tract or area of land established by plat or subdivision of at least a sufficient size to meet minimum requirements for use, street frontage coverage and area, and to provide required yards and other open spaces in the zoning district in which the lot is located, and which has direct access onto a public or private street.

Lot, corner means a lot situated at the junction of and fronting on two or more intersecting streets. The shorter street frontage shall be considered the front line.

Lot coverage means the maximum area of a lot that may be occupied by structures. Lot coverage is expressed as a ratio. Open porches, decks, terraces, fences, walls, and swimming pools are excluded from the calculations.

Lot depth means the average distance between the front lot line and the rear lot line.

Lot, double frontage means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

Lot, flag means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street.

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

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

Lot, reverse corner means a corner lot having its side street line substantially a continuation of the front lot line of the first lot to its rear.

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

Lot size means the total horizontal area within the lot lines of a lot; synonymous with area of lot.

Lot width means the distance parallel to the front lot line, measured at the front building setback line. Lot width on a curving front lot line means the distance parallel to the tangent of the front lot line at the building setback line. The lot width and the lot frontage may have different lengths on an irregularly shaped lot as they are measured at different points on the lot.

Machine shop means a workshop where power-driven tools are used for making, finishing, or repairing machines or machine parts.

Major facilities of a public utility or public agencies means public utilities or public agencies operating or constructing a mine, electric transmission lines, domestic water storage facilities, power plants, substations, wastewater treatment facilities, water treatment facilities, including extensions, expansions or enlargements thereof; storage areas of utilities providing electricity, water, and wastewater including extension, expansions or enlargements thereof.

Manufactured home means a single-household dwelling unit that is partially or entirely manufactured in a factory, is not less than 24 feet wide and 36 feet long, is installed on an engineered permanent foundation, has brick, wood, or cosmetically equivalent exterior siding, has a pitched roof, 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. The term manufactured home shall not include travel trailers, camper trailers, campers or self- contained motor homes or camper buses.

Manufacturing means a business which makes products by hand or by machinery.

Medical and dental offices and clinics means an establishment operated by one or more duly licensed members of the human health care professions including, but not limited to, physicians, dentists, chiropractors, psychiatrists and osteopaths, where patients are not lodged overnight but are admitted for examination and/or treatment.

Medium scale solar facility means a facility which is used for the production of electrical energy from energy collected by the sun, including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under 115 kV, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and is located on 20 acres or more. This designation shall not include roof- and/or ground-mounted solar systems located on permitted principal and accessory buildings and designed to supply power to the principle use(s) on site.

Meeting place and place for public assembly means a hall, auditorium or other suitable room or rooms used for the purpose of conducting meetings of the membership and guests of the owner of such structure. The same shall not include commercial endeavors such as commercial movie picture houses, stage productions or the like.

Micro-brewery, micro-distillery, and micro-winery means a small brewery, winery, meadery or distillery operated separately or in conjunction with a drinking establishment or restaurant, provided the beer, wine, mead or liquor is sold for consumption onsite or off the premises and is not sold to other drinking establishments, restaurants, or wholesalers.

Mining and extraction means the process of removing or extracting minerals and building stone from naturally occurring veins, deposits, bodies, beds, seams, fields, pools or other concentrations in the earth's crust. This term also includes open cut mining, open pit mining, strip mining, quarrying, dredging, and the preliminary treatment of such ore or building stone.

Mitigation means an action that will have one or more of the following effects: avoiding an impact by not taking a certain action or parts of an action; minimizing an impact by limiting the degree or magnitude of the action or its implementation; rectifying an impact by repairing, rehabilitating, or restoring the impact area, facility or service; reducing or eliminating an impact over time by preservation and maintenance operations; and compensating for an impact by replacing or providing suitable biological and physical conditions; and by replacing or providing suitable services and facilities.

Mini-storage warehouse means a building or a group of buildings containing separate, individual self-storage units divided from the floor to ceiling by a wall with an independent entrance from the exterior of the building, designed to be rented or leased on a short-term basis to the general public for private storage or personal goods, materials and equipment.

Mixed use shall mean the development of a lot tract or parcel of land, building or structure with two (2) or more different uses including but not limited to residential, office, retail, public uses, personal service or entertainment uses, designed, planned and constructed as a unit.

Mixed-use building describes a structure that serves more than one purpose, such as a first floor retail storefront with apartments on the second and third floors.

Mobile home means a single-family dwelling unit partially or entirely manufactured in a factory, built on a permanent chassis, and which is designed to be transported on streets to the place where it is to be occupied as a dwelling unit. A mobile home shall conform to the following design and installation standards:

(a)

Is at least twenty-four (24) feet wide and thirty-six (36) feet long;

(b)

Is permanently affixed to and installed on an engineered, permanent perimeter foundation;

(c)

Has a pitched or cosmetically equivalent roof, and brick or wood exterior siding; and

(d)

Complies with HUD or UBC standards, as applicable, or meets or exceeds equivalent requirements and performance engineering standards.

Mobile home park means any area licensed, developed and improved in accordance with this Code for occupancy by mobile homes.

Model home means a dwelling temporarily used as a sales office or demonstration home for a residential development under construction, said dwelling being used as an example of a product offered for sale to purchasers (by a realtor, building developer or contractor). The dwelling may be furnished but not occupied as a residence while being used as a "model home."

Model plans means a set of standard plans for a home. Models are considered different if they have different floor plans, garage placement, and building massing (form and structure).

Modified grid pattern means a grid pattern of streets and blocks adapted to the topography, unique natural features, environmental constraints, and peripheral open space areas.

Motor vehicle means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets and highways but does not include a vehicle operated exclusively on rails.

Mullion is a framing element which divides adjacent window or door units. Mullions may be made of any material, but wood and metal are most common, although stone is also used in windows. Mullions are most commonly vertical or horizontal, sometimes diagonal, although more complex arrangements were popular during the Tudor era.

Muntin means a rabbeted member for holding the edges of windowpanes within a sash.

Natural areas means floodplains and flood ways, natural drainage and water ways, significant native trees and vegetation, wildlife travel corridors, special habitat features such as raptor nest sites, key nesting, breeding or feeding areas for birds; fox and coyote dens, prairie dog colonies over twenty-five (25) acres in size, remnant native prairie habitat, plains cottonwood galleries, and any wetland greater than one-quarter (¼) acre in size.

Natural medicine means psilocybin or psilocyn and other substances described in the CNMC.

Natural medicine business means any of the following entities licensed under the CNMC: a natural medicine healing center, a natural medicine cultivation facility, a natural medicine products manufacturer, or a natural medicine testing facility, or another licensed entity created by the state licensing authority.

Natural medicine facility means any licensed natural medicine business or natural medicine healing center.

Natural medicine facilitator means an individual licensed or permitted under the CNMC to administer natural medicine services and supervise participants as defined in C.R.S. § 44-50-101 et seq., as now existing or as hereafter amended.

Natural medicine healing center means a facility where an entity is licensed by the state licensing authority that permits a facilitator, as defined by the CNMC, to provide and supervise natural medicine services for a participant, as defined by the CNMC, which includes a participant consuming and experiencing the effects of regulated natural medicine or a regulated natural medicine product under the supervision of a facilitator.

Natural medicine product means a product infused with natural medicine that is intended for consumption, as provided by the CNMC.

Natural medicine services means a preparation session, administrative session, and integration session, as provided by the CNMC.

Neighborhood means a geographical area, the focus of which are residential uses, but also may include a mixture of activities that people need to live. A neighborhood may include a diversity of housing types, schools, parks, shopping and jobs (frequently service-type), and a civic component.

Neighborhood commercial center means a shopping center which contains businesses that are intended to provide goods and services to the immediate neighborhood (within a one-quarter [1/4] mile radius).

Nightclub means a bar or tavern containing more than one hundred (100) square feet of dance floor area.

Noncommercial tower means any mast or pole taller than 40 feet and permanently attached to the property. The noncommercial tower may include over-the-air high definition television (HDTV) reception, short wave radio, citizens band radio, wireless internet, and cell phone range extension, for example.

Nonconforming building means a building or structure, or portion thereof, that does not conform to the regulations of this Code, but that was lawfully constructed under the regulations in force at the time of construction.

Nonconforming use means a use that does not conform to the use regulations of this Code, but that was lawfully established under the regulations in force at the time the use was established and has been in regular use since that time Nonconforming use means any legally existing use, whether within a building or on a tract of land, which does not conform to the use regulations of the district in which such nonconforming use is located.

Nursing facility means a facility, or a distinct part of a facility, which meets the State of Colorado nursing home licensing standards, is maintained primarily for the care and treatment of inpatients under the direction of a physician and meets the requirements in federal regulations for certification as a qualified provider of nursing facility services. "Nursing facility" includes private, nonprofit, or proprietary intermediate nursing facilities for the mentally retarded or developmentally disabled.

Off-street parking area means all off-street areas and spaces designed, used, required or intended to be used for the parking, storage, maintenance, service, repair, display or operation of motor vehicles, including driveways or access ways in and to such areas, but not including any outdoor storage area used principally as a "recreational vehicle, boat or truck storage" use, storage areas for landscaping and other bulk items or public streets and rights-of-way.

Oil and gas operation means any activity, structure, or facility related to the exploration, extraction, production, processing, storage, transportation, or disposal of oil and gas. This includes, but is not limited to, well sites (drilling rigs, wellheads, production equipment, and associated infrastructure); processing and treatment facilities (separation, dehydration, artificial lift, compression, pumping, metering, and storage); waste management facilities (pits, tanks, and other facilities for the treatment and disposal of waste products); transportation infrastructure (pipelines, access roads, and crude oil transfer lines); and support infrastructure (power supply, monitoring equipment, and flowlines).

Oil or gas well means a well, the principal production of which at the mouth of the well is oil or gas.

Open space means any land or water area with its surface open to the sky, which serves specific uses of: providing park and recreation opportunities, conserving natural areas and environmental resources, structuring urban development form, and protecting areas of agricultural, archeologic or historical significance. Open space shall not be considered synonymous with vacant or unused land but serves important urban functions. Usable open space shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells and their appurtenances, or other hazards to the public.

Ordinance means a law of the town; provided that a temporary or special law, administrative action, order or directive may be in the form of a resolution.

Outdoor storage means the keeping, in an unroofed area, of any equipment, goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours. Containers and semi-trailers may not be used for residential, or storage uses except on a temporary basis on construction sites.

Outdoor recreation facility means an area devoted to active sports or recreation such as go-cart tracks, miniature golf, archery ranges, sport stadiums or the like, and may or may not feature stadium-type seating.

Outlot means a measured piece of land contained within subdivided land that is not a building lot. An outlot may be conveyed to the public for open space or other public purposes, be retained by the developer for later subdivision, or be conveyed to an owners' association.

Owner applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land. means the person or entity that owns the property under consideration.

Parapet means a low, protective wall at the edge of a terrace, balcony or roof, especially that part of an exterior wall, fire wall, or party wall that rises above the roof.

Parcel means a tract or plot of land.

Park means an area open to the general public and reserved for recreational, educational or scenic purposes.

Parking means the parking or leaving of an operable, licensed vehicle, current in its registration, for a temporary period.

Parking garage means an off-street parking area within a building.

Parking lot means off-street parking area or vehicular use area.

Parking space means an area allowed for the parking of a vehicle.

Parking space, storage, means a space for the storage of operable, licensed vehicles, current in registration, including recreational vehicles or equipment, for a period of 30 days or longer.

Pedestrian scale (human scale) means the proportional relationship between the dimensions of a building or building element, street, outdoor space or streetscape element and the average dimensions of the human body, taking into account the perceptions and walking speed of a typical pedestrian.

Performance means a play, motion picture, dance, or other exhibition performed before an audience.

Pergola is a structure of parallel colonnades supporting an open roof of beams and crossing rafters or trellis work, over which climbing plants are trained to grow.

Permanent monument means any structure of masonry and/or metal permanently placed on or in the ground, including those expressly placed for surveying reference.

Personal and business services means a facility that provides individualized services generally involving the care of the person or such person's apparel or rendering services to business establishments such as laundry or dry-cleaning retail outlets, portrait/photographic studios, beauty or barber shops, employment service, mailing and copy shops, tanning salons and portrait studios.

Phase means a portion of property that is being platted and engineered for development at the same time.

Pilaster means a rectangular support or pier treated architecturally as a column, with a base shaft and capital.

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

Planning Area Boundary means the area surrounding the Town that the Town will consider annexing and developing. The Planning Area Boundary is delineated on the Land Use Map in the Kersey Comprehensive Plan.

Plant nursery and greenhouse means any land or structure used primarily to raise trees, shrubs, flowers or other plants for sale or for transplanting.

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 Weld County and Recorder.

Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, flow, TSS, turbidity, color, BOD, COD, toxicity, or odor).

Power plant means any electrical generating facility with an energy generation capacity less than 50 megawatts, and any facilities appurtenant thereto, or any expansion, extension or enlargement thereof increasing the existing design capacity but still less than 50 megawatts.

Principal use means the main use of land or of a structure as distinguished from a subordinate or accessory use.

Private property rights means the rights a property owner within the Town to use his/her property within the legal parameters set forth in this Code, and subject to applicable state, federal, and constitutional law. Nothing herein guarantees any private property rights to develop in a particular manner except pursuant to a valid vested right.

Professional office means an office for professionals such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, accountants and others who through training are qualified to perform services of a professional nature and where no storage or sale of merchandise exists, except as accessory to the professional services.

Proof of ownership means ownership as specified in a current title insurance commitment or policy, or certification of title, issued by a title insurance company licensed by the state of Colorado.

Property means all real property subject to land use regulation by the Town.

Property line means the boundary of any lot, parcel or tract as the same is described in the conveyance of such property to the owner; and does not include the streets or alleys upon which the said lot, parcel or tract abuts.

Public areas means streets, parks, open spaces and other property designated or described as for public use on a map or plat of the Town and fee title is vested in the Town, other public body or a special district as defined in C.R.S. § 32-1-103.

Public facilities means those constructed facilities, including but not limited to, transportation systems or facilities, water systems or facilities, wastewater systems or facilities, storm drainage systems or facilities, fire, police and emergency systems or facilities, electric, gas, telecommunication utilities or facilities, and publicly owned buildings or facilities.

Public hearing means a meeting called by a public body for which public notice has been given and which is held in a place at which 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 any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree lawn, landscaped open space, off-street parking area, lot improvement or other facility which benefits the public.

Public open space means an open space area conveyed or otherwise dedicated to the municipality, state or county or other public body for recreational or conservation uses. Public opens spaces are to be unencumbered by oil and gas wells, their appurtenances or other hazards to the public.

Public safety sign means a sign required or specifically authorized for a public purpose and which shall not be limited as to the type, number, sign or height.

Public use means uses which are owned by and operated for the public by the Town, County, state or federal governments or by school districts.

Public utility means a common carrier supplying electricity, wire telephone service, natural gas, water, wastewater or storm water service or similar public services, but shall not include railroads or other forms of rail mass transit or depots or terminals supporting the same, or wireless telecommunication facilities.

Quasi-public means having the nature or characteristics of being public, but owned by a private or not-for-profit entity.

Radio tower means a structure for sending and/or receiving radio, TV or sound impulses over the air.

Raw water means water rights acceptable to the Town for domestic purposes, or water rights acceptable to the Town that may be used for irrigation of public facilities.

Real estate sign means a sign on a property offered for sale, rent or lease.

Reasonable period of time shall mean 45 days.

Recreational equipment means equipment intended for outdoor recreational use, including, but not limited to, snowmobiles, jet skis, all-terrain vehicles (ATVs), canoes, boats and trailers for transporting such equipment.

Recreation and entertainment facilities, 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 facilities, 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, which either has its own motive power or is mounted on or drawn by another vehicle. The term includes but is not limited to camping trailers, tent trailers; motorized campers, motor homes, recreational conversion vans or buses; pick-up campers; and travel trailer.

Recreational vehicle park means a parcel of land specifically developed for locating only recreational vehicles on lots on a short-term basis.

Recycling facility means a building used for the collection and/or processing of recyclable material. Processing shall mean the preparation of material for efficient shipment by such means as baling, compacting, flattening, grinding, crushing, mechanical sorting or cleaning. Such a facility, if entirely enclosed within a building or buildings, shall be considered a warehouse.

Regulated natural medicine means natural medicine that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by the CNMC.

Regulated natural medicine product means a natural medicine product that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by the CNMC.

Replat (resubdivision) means the changing of any existing lot or lots, street rights-of-way or easements of a subdivision plat previously recorded with the County Clerk and Recorder.

Research laboratory means a facility for scientific research in technology-intensive fields. Examples include, but are not limited to, biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coating fibers, films, heat transfer and radiation research facilities.

Resource extraction, processes and sales means removal or recovery by any means whatsoever of sand, gravel, soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, exposed or submerged.

Restaurant means an establishment where food and beverages are prepared, served, and consumed within the principal building, or off the premises as carry-out orders; or in an outdoor seating area on the premises.

Restaurant, drive-through means any establishment in which the principal business is the sale of foods and beverages to the customer in a ready-to-consume state and in which the design or principal method of operation of all or any portion of the business is to allow food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle.

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.

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

Retail sales, medium means a facility or establishment with between 5,001 and 10,000 square feet of gross floor area.

Retail sales, large means a facility or establishment with between 10,001 and 60,000 square feet of gross floor area.

Retention basin means a pond, pool or basin used for permanent storage of water runoff.

Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use on the plat on which such right-of-way is established. Right-of-way means the width between property lines of a street.

Roof, gable means a roof sloping downward in two parts from a central ridge, so as to form a gable at each end.

Roof, hip means a roof having sloping ends and sides meeting at an inclined projecting angle.

Salvage or wrecking yard means a place where motor vehicles and parts are wrecked, disassembled, repaired and resold, a place where secondhand goods including wastepaper, bottles, automobile tires, clothing, other scrap materials and salvage are collected to be stored and a place where used lumber and used building materials are stored for sale or resale.

Sanitary facilities means toilets, urinals, lavatories, showers, utility sinks and drinking fountains, and the service buildings containing these units.

Sanitary waste station means a facility used for removing and disposing of waste from self-contained camping vehicle sewage holding tanks.

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.

Searchlight means an apparatus used to project a beam of light.

Service building means a structure housing toilet, lavatory, bath, laundry, service sink and other such sanitary facilities as may be required.

Setback means the required minimum horizontal distance between (a) the point that the facing wall of a building at finished grade, and (b) the lot line to which the setback applies.

Shipping container means a standardized, reusable shipping vessel used in the transportation of freight and capable of being mounted on a rail car or mounted on a chassis for movement by truck trailer, or loaded on a ship.

Shopping center means a group of retail and service establishments located in a complex which is planned, developed, owned or managed as a unit, with off-street parking provided on the property.

Sidewalk means the hard surface path within the street right-of-way for use by pedestrians and/or bicyclists The term "sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

Sight distance triangle means the area at the four corners of an intersection that is to be kept free of shrubs, ground covers, berms, fences, structures, or other materials or items greater than thirty (30) inches in height. Trees shall not be planted in the triangular area. The size of the sight distance triangles is determined as follows:

(a)

At the intersection of any two streets or where a street intersects with an alley, a triangle measuring thirty (30) feet along each curb or edge of roadway from their point of intersection, the third side being a diagonal line connecting the first two.

(b)

At the intersection of a driveway or private access and a street, a triangle measuring fifteen (15) feet in length along the edge of the driveway and along the curb or edge of roadway from their point of intersection, the third side being a diagonal line connecting the first two.

Sign area means the entire face of a sign, including the advertising surface and any framing, trim or molding but not including the supporting structure.

Sign face means the area of the sign on which the message is placed.

Sign permit means a permit issued by the Town Building Official and which is required for any sign specified in this Code.

Sign, projecting means any sign supported by a building wall and projecting therefrom.

Sign, wall means any sign painted on, incorporated in or affixed to the building wall, or any sign consisting of cut-out letters or devices affixed to the building wall with no background defined on the building wall.

Sign, window is a sign that is painted on, applied or attached to a window or that can be read through the window from the public right-of-way.

Significant wildlife habitat and migration corridors are areas designated by the Colorado Division of Wildlife and/or the Colorado Natural Diversity Information Source (www.ndis.nrel.colostate.edu) as areas of landscape that provide food, cover and water sufficient to meet the needs of a given species to survive and reproduce.

Single-Unit Detached Dwelling means a single-household dwelling that is not attached to any other dwelling by any means, containing a primary heat source and living facilities for sleeping, cooking, eating, and sanitation. This use type includes modular homes.

Site plan means a scale drawing of a lot, showing the actual measurements, the size and location of any existing or proposed buildings, the location of the lot in relation to abutting streets, and other details such as parking areas, access points, landscaped area, building areas, setbacks from lot lines, building heights, floor areas, densities, utility locations and easements.

Small equipment repair facility means establishments for the repair and restoration of small equipment and appliances such as radios and television sets, business office machines and electrical appliances.

Small scale solar facility means a facility which is used for the production of electrical energy from energy collected by the sun, including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under 115 kV, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and will be located on less than 20 acres. This designation shall not include roof- and/or ground-mounted solar systems located on permitted principal and accessory buildings and designed to supply power to the principle use(s) on site.

Split garages means having at least two (2) separate garages that are oriented in different directions.

State means the State of Colorado.

State licensing authority means the authority created under the CNMC for the purpose of regulating and controlling the licensing of the cultivation, manufacturing, testing, storing, distribution, transfer, and dispensation of regulated natural medicine and regulated natural medicine product, as provided by the CNMC.

Storage, outdoor means an outdoor area in which storage spaces are used by consumers/tenants for short-and long-term storage of personal property. Outdoor storage includes, but is not limited to, recreational vehicle, boat, and other large equipment storage.

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.

Stormwater means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt

Story means that portion of a building included between the surface of a floor above ground level and the surface of the floor next above the first floor, or if there is no floor above it, then the space between such first floor and the ceiling next above it.

Street line means a dividing line between a lot and a contiguous street.

Street means a public thoroughfare which affords the principal means of access to abutting property.

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 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 that 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/city, 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, but not including an alley or driveway.

Streetscape means the distinguishing character of a particular street, within the public right-of-way, including paved materials, and the adjacent space extending along both sides of a street including landscaping, sidewalks, medians, lighting, street furniture, and signage.

Structure means buildings, decks, fences, retaining walls, signs, towers, antennas, smokestacks, overhead transmission lines, and other man-made items resting or mounted on the land.

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

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

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders; any substantial change in the roof or in the exterior walls, but not including changes required to protect public safety.

Subdivision or subdivided land means the division of land into two 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 any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term "substantial improvement" includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term "substantial improvement" does not, however, include either:

(a)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or to

(b)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Subsidence means a local mass movement that involves the downward settling or sinking of the solid Earth's surface. Subsidence may be due to natural geologic processes or man's activity such as coal mining.

Substation means a facility designed to provide switching, voltage transformation or voltage control required for the transmission of electricity which has an incoming or outgoing power line which is more than 69 kV.

Supermarket means a retail establishment primarily selling food, as well as other convenience and household goods, which occupies a space of not less than twenty-five thousand one (25,001) square feet.

Swing-in garage means a garage that is oriented so that the garage doors are perpendicular to the street.

Tandem garage means a garage that allows for the parking of one car in front of another.

Tandem parking means parking two (2) cars in a driveway or parking space so that one car is right in front of the other and the front car cannot move until the back car is moved.

Tavern means an establishment providing or dispensing fermented malt beverages, and/or malt, special malt, vinous or spirituous liquors and in which the sale of food products such as sandwiches or light snacks is secondary.

Temporary use means a prospective use intended for limited duration, is to be located in a zoning district not permitting such use and shall not include continuing a nonconforming use or building.

Title commitment means formal documentation from a title company listing the name of the owner of the property under consideration, the legal description of the property and any legal holdings on the property such as easements, rights-of-way or liens.

Tourist facility means an establishment set up to primarily provide local tourist information to visitors.

Town means the Town of Kersey located in Weld County, Colorado, or the area within the territorial limits of the Town of Kersey, and such territory outside of the town over which the town has jurisdiction or control by virtue of any constitutional or statutory provision.

Transportation headquarters means headquarters and parking areas for ambulance services, taxi services, bus services and other services involving the transportation of persons but not property.

Tree lawn means a strip of landscaping within the right-of-way, generally between the roadways and an adjacent sidewalk.

Trip means a single or one-way vehicle movement to or from a property or study area. "Trips" can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time.

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

Underground structure means any building designed to be built partially or wholly underground, which is intended to be used for dwelling purposes and not serve as a cellar, substructure or foundation for a building.

Undermining means land that has been mined under the surface of the ground.

Universal design means any dwelling unit designed and constructed to be safe and accessible for any individual regardless of age or abilities.

Use means the type of activity for which land or a building is designated, arranged or intended and also means the activity which in fact regularly takes place upon the land.

Utility service facilities mean[s] utilities substations and public lift-up pumping stations for domestic water and sanitary sewer service, microwave towers and other such installations; does not include any such installations which contain buildings or storage structures; and does not include transportation headquarters.

Vacant land means land that does not have development on it.

Vegetation means plants growing in a place, including, but not limited to trees, shrubs, vines, grasses and groundcover.

Vehicle means a machine designed to be propelled by power other than human power and includes campers, trailers and other equipment designed to be carried upon or towed behind such powered vehicle, designed to travel along the ground by use of wheels, treads, runners or slides, or upon such vehicle, and to transport persons or property or pull machinery, and shall include, without limitation, automobiles, airplanes, trucks, trailers, campers, motorcycles, motor scooters, snow machines, recreational vehicles, tractors, buggies and wagons.

Vehicle major repair, servicing and maintenance means any building, or portion thereof, where heavy maintenance activities such as engine overhauls, automobile/truck painting, body or fender work, welding or the like are conducted. Such use shall not include the sale of fuel, gasoline or petroleum products.

Vehicle minor repair, servicing and maintenance means the use of any building, land area, premises or portion thereof, where light maintenance activities such as engine tune-ups, lubrication, carburetor cleaning, brake repair, car washing, detailing, polishing or the like are conducted.

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 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 site specific development plan, pursuant to this Code.

Veterinary hospital means any facility which is maintained by or for the use of a licensed veterinarian in the diagnosis, treatment or prevention of animal diseases.

Veterinary facilities, small animal clinic means any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment or prevention of animal diseases wherein the animals are limited to dogs, cats or other comparable household pets and wherein the overnight care of said animals is prohibited except when necessary in the medical treatment of the animal.

Walkable means a distance of one-quarter (¼) mile or within a five (5) to ten (10) minute walk.

Walkway means:

(a)

A right-of-way dedicated to public use that is not within a street right-of-way, to facilitate pedestrian access through a subdivision block by means of a hard surface path.

(b)

Any portion of a parking area restricted to the exclusive use of pedestrian travel.

Wall sign means a sign that is attached parallel to and extending less than twenty (20) inches from the wall of a building; includes awning signs and canopy signs as defined herein.

Warehouse and distribution means a use engaged in storage, wholesale, and distribution of manufactured products, supplies or equipment, including accessory offices or showrooms, including incidental retail sales, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

Warehousing means a business which stores or stocks merchandise or commodities.

Weeds and brush means any underbrush, brush, shrub or plant material greater than 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

(b)

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

(c)

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

Wholesale merchandise establishment means establishments for the sale of merchandise at the wholesale level, including those that warehouse merchandise in covered buildings.

Wind generator means a generator specifically designed to convert the kinetic energy in wind into electric energy. A wind generator may include a generator, tower and associated control or conversion electronics. The height of a wind tower is measured at the hub of the generator.

Window sign means a sign or graphics that are applied directly to a window, or any sign hanging within twelve (12) inches of the interior surface of a window, and which is visible from the exterior of the building.

Wireless telecommunication equipment means any equipment used to provide wireless telecommunication service, but which is not affixed to or contained within a wireless telecommunication facility but is instead affixed to or mounted on an existing building or structure that is used for some other purpose. Wireless telecommunication equipment also includes a ground mounted base station used as an accessory structure that is connected to an antenna mounted on or affixed to an existing building.

Wireless telecommunication facility means any freestanding facility, building, pole, tower or structure used to provide only wireless telecommunication services, and which consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless telecommunication services.

Wireless telecommunication services means services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal Communications Commission for paging systems, enhanced specialized wireless telecommunication, personal communication services or cellular telephone.

Workshop and custom small industry means a facility wherein goods are produced or repaired by hand, using hand tools or small-scale equipment, including small engine repair, furniture making and restoring, upholstering, restoration of antiques and other art objects, or other similar uses.

Yard means that portion of the open area on a lot extending open and unobstructed from the ground upward from a lot line for a depth or width specified by the regulations for the zone district in which the lot is located Yard means an open space on the same lot with a building, unobstructed from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, or the depth of a front or rear yard, the minimum horizontal distance between the lot line and main building shall be used.

(Ord. No. 2025-0008, § 1(Exh. A), 6-10-2025)