To carry out the provisions of this Code, the Town is divided into the following zoning districts:

(a)

Intent. Each zone district includes a description of location, natural and built characteristics, and attributes applicable each zone district. Uses shall be located and designed to fulfill the desired characteristics and objectives of the zone district.

(b)

Use Regulations. Each zone district includes the following categories:

(1)

Uses by Right are permitted within the zone district subject to required permits and approval processes. Uses by right for single-family or two-family dwelling unit/structures, require plot plan and building permit approval. All multi-family, commercial and industrial uses require site plan approval and building permits.

(2)

Accessory Uses are uses by right that are customarily incidental to the permitted principal use, provided they meet all applicable regulations. Permitted accessory uses require a plot plan where the principal use is a single dwelling unit or two-family dwelling and building permit approval. All other accessory uses require site plan approval and building permit approval.

(3)

Conditional Uses are uses that may be allowed in the zone district provided the use supports the intent of the zone district, is compatible and harmonious with the surrounding properties and the Town's Comprehensive Plan. Conditional uses may be permitted subject to such conditions and limitations as may be set forth by the Board of Trustees. Conditional uses are approved by resolution after a duly noticed public hearing by both the Planning Commission and Board of Trustees.

(c)

Dimensional Requirements. Dimensional requirements are minimum requirements which apply to the siting and massing of buildings and structures on the lot. Dimensional requirements include:

(1)

Minimum Lot Area.

(2)

Maximum Lot Coverage and/or Footprint.

(3)

Maximum Gross Density.

(4)

Minimum Lot Width.

(5)

Setbacks: Front, Rear, Street-Side Yard, and Side Yard Setbacks.

(6)

Minimum Distance Between Principal Buildings

(7)

Maximum Building Height

(d)

Development Standards. Development standards are minimum standards that apply to development and uses within the zone district. Development standards specific to each zone district are listed within each zone district section. General standards pertaining to all zone districts are found in Article 3 of this Chapter and apply to residential, and nonresidential development.

Unless contiguous to the same zone district, a proposed zoning change shall be greater than five (5) acres in size. Planned Unit Development (PUD) zone districts shall be a minimum of ten (10) acres. When the proposed zoning change is contiguous to an existing district of the same designation, the minimum dimensional requirements for the proposed zone change shall not apply.

(a)

The boundaries of the districts established by this Land Use Code (LUC) shall be shown on a map entitled "Official Zoning Map". A signed and up-to-date copy shall be maintained at the Milliken Town Hall. Original copies of the official map and all amendments thereto shall be maintained by the Town Clerk.

(b)

Amendments to Official Zoning Map. Changes in the boundaries of any zone district shall be made in accordance with Section 16-6-300 and shall promptly be entered on the Official Zoning Map with an entry on the map giving the number of the amending ordinance and the date with the signature of the Mayor, attested by the signature of the Town Clerk.

(c)

Criteria for Amendments to Official Zoning Map. The official zoning map shall be amended if any of the following apply:

(1)

To correct a manifest error in an ordinance establishing the zoning for a specific property;

(2)

To rezone an area or extend the boundary of an existing district because of changed or changing conditions in a particular area or in the Town;

(3)

The land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the Comprehensive Plan;

(4)

The proposed rezoning is necessary to provide land for a community-related use that was not anticipated at the time of the adoption of the Comprehensive Plan, and the rezoning will be consistent with the policies and goals of the Comprehensive Plan;

(5)

The area requested for rezoning has changed or is changing to such a degree that it is in the public interest to encourage development or redevelopment of the area; or

(6)

A rezoning to a Planned Unit Development district is requested to encourage innovative and creative design and to promote a mix of land uses in the development.

(7)

The criteria for zoning map amendments shall not control an amendment that occurs incidentally to a general revision of the zoning map, nor shall such criteria necessarily apply with respect to a comprehensive reclassification of land into the zoning districts established by this Chapter or established by any later comprehensive revision of this Chapter.

(a)

Uses not specifically listed in a zone district which are listed in another zone district are prohibited. Approval of a conditional use permit in accordance with Section 16-2-10(c)(3) will be required for a new use provided such use is found to be compatible with the intent of the zone district, and consistent with other permitted or conditional uses in that zone district. The Community Development Director will consider new uses, not listed in any zone district, using the following criteria.

(1)

The characteristics of the use in relationship to the stated characteristics of each use category.

(2)

The relative amount of site area or floor space and equipment devoted to the use.

(3)

The relative number of employees in each proposed use.

(4)

Hours of operation.

(5)

Building and site arrangement.

(6)

Vehicles used and parking requirements.

(7)

The number of vehicle trips generated.

(8)

The impact on surrounding properties.

(9)

The use must be compatible with other uses on the same site.

(10)

When considering appropriate districts for a use not listed in the use table, the district intent statements of the respective districts shall be taken into consideration.

(a)

Permitted location for licensed natural medicine businesses.

(1)

Natural medicine cultivation facility, natural medicine healing center, natural medicine products manufacturer, natural medicine testing facility, and other licensed entity created by the state licensing authority are permitted by Conditional Review Uses in the Medium Industrial District (I-2), subject to the distance requirements contained in Section 16-2-45(a)(2) and the time, place and manner requirements contained in Section 16-2-45. The licensed natural medicine businesses are prohibited in all other zoning districts of the Town, including Planned Development District (PUD).

(2)

Distance from schools and residential dwellings.

a.

No natural medicine business that provides natural medicine services shall operate out of a building that is within one thousand (1,000) feet of a property used for a childcare center; preschool; elementary, middle, junior or high school; or a residential childcare facility (collectively "school").

b.

No natural medicine business that provides natural medicine services shall operate out of a building that is within one thousand (1,000) feet of a property used for single-family dwellings, duplexes, or multiple-family dwellings (collectively "residential dwellings").

c.

Subsections a and b above do not apply to a licensed facility located on land owned by the Town or the state of Colorado or apply to a licensed facility that was actively doing business under a valid license issued by the state licensing authority before the school or residential dwelling was constructed.

d.

The distances referred to in this Section shall be computed by direct measurement from the nearest property line of the land used for a school, childcare facility or residential dwelling to the nearest portion of the building in which natural medicine services are provided, using a route of direct pedestrian access.

(b)

Hours of operation. Natural medicine healing centers and natural medicine businesses that provide natural medicine services shall only operate between the hours of 9:00 a.m. to 3:00 p.m., Monday through Friday.

(c)

Manner of Operation.

(1)

It is unlawful and deemed a nuisance to:

a.

Operate a natural medicine business in violation of any of the requirements set forth in Colorado Natural Medicine Code, Article 50 of Title 44 of the Colorado Revised Statutes or the provisions in section 16-2-45 of the Milliken Municipal Code or its definitions.

b.

Disposal of, discharge out of or from, or permit to flow from any facility associated with natural medicine, any foul or noxious liquid or substance of any kind whatsoever, including, without limitation, by-products of the natural medicine process, into or upon the premise or any adjacent ground or lot, into any street, alley or public place, or into any municipal storm sewer and/or system in the Town.

(2)

Lighting of natural medicine businesses shall clearly illuminate primary entrances, parking lots and exterior walkways subject to all applicable Town lighting standards.

(3)

Natural medicine businesses shall provide secure disposal of natural medicine and natural medicine product remnants or by-products. Natural medicine and natural medicine product remnants or by-products shall not be placed within the facilities' exterior refuse container.

(4)

Natural medicine businesses shall use an air filtration and ventilation system designed to ensure that the odors from natural medicine and natural medicine products are confined to the premises and are not detectable beyond the property boundaries on which the facility is located.

(5)

Processing of natural medicine.

a.

The processing of natural medicine that includes the use of hazardous materials, including, without limitation, and by way of example, flammable and combustible liquids, carbon dioxide, and liquified petroleum gases, such as butane, is prohibited.

b.

Nonhazardous materials used to process natural medicine shall be stored in a manner so as to mitigate and ensure odors are not detectable beyond the property boundaries on which the processing facility is located or the exterior walls of the processing facility associated with the processing of natural medicine.

c.

The processing of natural medicine shall meet the requirements of all adopted Town building and life/safety codes.

d.

The processing of natural medicine shall meet all the requirements of all adopted water and sewer regulations promulgated by the Town.

(6)

Public view of all doorways, windows and other openings of natural medicine business buildings shall be located, covered, or screened in such a manner to prevent a view into the interior, subject to applicable Town design standards. All activities of natural medicine businesses shall occur indoors.

(7)

Storage for natural medicine businesses shall be located within a permanent building and may not be located within a trailer, tent, or motor vehicle.

(Ord. 819 meeting, § 1, 12-23-2024)

(a)

General Requirements.

(1)

In their interpretation and application, the provisions of these zoning regulations shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, convenience, comfort, prosperity, and general welfare.

(2)

Uniformity of Regulations. The regulations established by this Article within each zone shall apply uniformly to each class or kind of building, structure, or land. Unless exceptions are specified in this Article, the following interpretations shall apply:

a.

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Article, shall be included as part of a yard, open space or off-street parking, or loading space similarly required for any other building unless specific exception therefore is stated in this Article.

b.

No yard or lot existing or approved at the time of passage of this Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Code shall meet at least the minimum requirements established by this Code.

c.

Easements. Buildings and permanent structures shall not be located within an easement. Utility service lines to a structure and utility lines, wires, and associated structures are permitted within a utility easement.

d.

Setbacks shall be unoccupied and unobstructed by any structure or portion of a structure from thirty-six (36) inches above grade upward; provided, however, that fences, trellises, poles, posts, ornaments, furniture, and other removable yard accessories may be permitted in any setback subject to height limitations, building code requirements and visibility at intersections.

e.

Height Exceptions. The building height limitations shall not apply to church spires, belfries, cupolas, weathervanes, or domes not used for human occupancy, nor to chimneys, water tanks, silos, nor to public building or structures located more than one (1) foot horizontally from the property line for each foot of building height.

f.

All swimming pools, spas, and hot tubs, including aboveground and in-ground pools, having a depth greater than eighteen (18) inches shall only be placed or constructed in the rear yard of a residential lot.

g.

That portion of a lot that abuts a public street right-of-way, excluding public alleys, shall remain uncovered for a distance of ten (10) feet, measured at a right angle from the lot line towards the interior of the lot. This shall apply to lots in all zoning districts, except the MU-C-D District. Sidewalks and driveways may pass through the ten-foot strip.

(3)

Setback Exceptions. Permanent features and structures allowed within required setbacks shall include:

a.

Cornices, canopies, eaves, or similar architectural features may extend from the building into a required yard not more than three (3) feet. Porches at ground level may extend into a required rear yard not more than six (6) feet, excluding roof overhangs, but not beyond the property line;

b.

Steps or ramps to the principal entrance and necessary landings, provided that they do not extend more than six (6) feet into the required setback and not beyond the property line;

c.

Landscaping;

d.

Driveways, sidewalks, signs, retaining walls and fences are allowed in required front, side, and rear yards, subject to compliance with all other regulations of this Chapter and the Milliken Design Criteria and Construction Specifications;

e.

Utility service lines to a structure and utility lines, wires and associated structures within a utility easement;

f.

Fire escapes, provided that they do not extend more than six (6) feet into the required setback;

g.

Parking slabs, tennis courts and swimming pools may be extended into required rear yards and interior side yards up to five (5) feet of the required rear or side lot lines;

h.

Decks and patios attached to the primary structure, not covered by roofs, may extend into required front yards up to five (5) feet and into required rear yards up to ten (10) feet from the rear property line; and

i.

One-Story detached accessory buildings and structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed two hundred (200) square feet and the roof height does not exceed ten (10) feet above grade measured from a point directly outside the exterior walls of the structure where not secured to a permanent foundation.

(b)

Accessory buildings and structures.

(1)

Setbacks. Accessory buildings and structures are not permitted in the front yard or street corner side yard.

(2)

Lots in the Original Milliken Town Plat. For lots that are part of the Plat of the Town of Milliken, and which have not been re-platted since July 1909:

a.

The minimum lot area per dwelling shall be 6,250 square feet.

b.

The landowners in this area may combine multiple lots (typically 25' × 120' in size) to create a buildable lot through the Administrative Plat Amendment procedure as long as no new lots are created.

c.

The minimum lot width shall be fifty (50) feet.

d.

The minimum street-side yard setback is ten (10) feet.

(3)

Site Specific Requirements.

a.

Buffers are required in all zone districts along highways and with adjacent uses of difference intensities as specified in Sec. 16-3-315.

b.

Residential Zones. If a lot in an R-3 District is adjacent to one (1) or more lots in an R-1, R-1E or R-2 District, a building on the lot in the R-3 District shall not exceed thirty (30) feet in height.

c.

Downtown Area. For the Downtown area, building height shall be of a similar height to existing adjacent buildings, but in no event shall it exceed the forty (40) foot height limit.

d.

Commercial Zone. The required side or rear yards in commercial zoning districts shall be increased if the lot is adjacent to one (1) or more residential zoning districts. In such cases the required yard shall be twice the height of the building on the lot in the commercial zoning district, or twenty-five (25) feet, whichever is greater. The only improvements permitted in these side or rear yard areas are driveways, sidewalks, retaining walls and fences. Accessory buildings are not permitted in the increased side or rear yards.

e.

Industrial Zones. The required side or rear yards in industrial zoning districts shall be increased if the lot is adjacent to one (1) or more residential or commercial zoning districts. In such cases the required yard shall be twice the height of the building on the lot in the industrial zoning district, or fifty (50) feet, whichever is greater. The only structures permitted in these side or rear yard areas are driveways, sidewalks, signs, retaining walls and fences. Accessory buildings are not permitted in these increased side or rear yards.

(4)

Yard Requirements.

a.

For purposes of setback calculations, a two-family dwelling shall be construed as one (1) building occupying one (1) lot.

b.

On a vacant lot bordered on two (2) sides by previously constructed legal nonconforming buildings which do not meet the required front yard setback for the zoning district, the required front yard setback for the vacant lot shall be calculated as the average front yard setback of the two (2) adjacent buildings. Where a vacant lot is bordered on only one (1) side by such a legal nonconforming building, the required front yard setback shall be calculated as the average of the front yard setback of the adjacent building and the minimum front yard setback for the zoning district.

c.

That portion of a side yard that is overlapped by a front or rear yard shall be deemed a side yard for purposes of limitations applicable to side yards; and that portion of a front or rear yard overlapped by a side yard shall be deemed a front or rear yard, as the case may be, for purposes of limitations applicable to front or rear yards.

(5)

Zero Lot Lines. Zero lot lines are permitted in the MU-C-D District along Broad Street. Zero lot lines are also permitted for party walls in two-family dwellings and Townhomes in the R-2 and R-3 zone districts subject to the following:

a.

The side property line not abutting an adjacent two-family dwelling or Townhome shall be equal to or greater than ten (10) feet.

b.

There shall be no openings in a party wall.

Table 2.B has been deleted

(Ord. 803, § 1, 1-11-2023)

(a)

Intent. The Agriculture District (A) is intended to protect and preserve the area's rich agricultural heritage, and to support and promote traditional agricultural operations as an essential feature of the Town.

(b)

Use Regulations

(1)

Uses by Right.

a.

Agriculture

b.

Accessory buildings and structures 720 square feet or under per acre or 25% lot coverage, whichever is less.

c.

Accessory dwelling unit as a caretaker unit on parcels or lots over ten (10) acres.

d.

Agriculture including farming, ranching, and gardening.

e.

Animal boarding including daycare.

f.

Animal clinics and veterinary facilities with boarding on parcels or lots over ten (10) acres.

g.

Animal clinics and veterinary facilities without boarding.

h.

Bed and breakfasts.

i.

Campgrounds and RV Parks on parcels or lots over ten (10) acres and with approval of a site plan.

j.

Cemeteries.

k.

Home occupations in accordance with Section 16-4-210.

l.

Horse riding stables and grazing.

m.

Horse arenas.

n.

Outdoor storage of farm related products and workable equipment

o.

Parks and open space.

p.

Public and private schools

q.

Public buildings including police and fire stations or government facilities, and civic facilities.

r.

Public and private recreational facilities, within a structure or outside.

s.

Single-family detached dwelling.

t.

Solar energy systems - accessory.

u.

Stables and barns.

v.

Wireless communication facility - ATS in right-of-way.

w.

Wireless communication facility - eligible facilities.

(2)

Conditional Uses

a.

Agriculture - concentrated animal feeding operations (CAFO).

b.

Agricultural education and research.

c.

Airports and airstrips.

d.

Central farm distribution hub for agricultural products including without limitation a trucking operation, stockyard, auction house, or other processing facility - site plan required.

e.

Childcare centers.

f.

Disposal of domestic septic sludge.

g.

Commercial mineral extraction activities and sales, as restricted.

h.

Gas, oil, and other hydrocarbon well drilling and production (as permitted by state and local regulations).

i.

Group home, as defined in Section 31-23-303, C.R.S

j.

Places of worship

k.

Solar energy systems - small.

l.

Uses not listed as either uses by right or conditional uses that are similar to other uses in the district, and that are compatible with the intent of the Agricultural District.

(c)

Dimensional Requirements.

(1)

Minimum Lot Area: 1.5 acres.

(2)

Maximum Lot Coverage: 25%.

(3)

Maximum Gross Density: 1 dwelling unit per 1.5 acres as part of a cluster development

(4)

Minimum Lot Width: Sixty (60) feet

(5)

Minimum Front Setback: Twenty-five (25) feet.

(6)

Minimum Side Street Setback: Fifteen (15) feet.

(7)

Minimum Side Setback: Fifteen (15) feet

(8)

Minimum Rear Setback: Twenty (20) feet.

(9)

Minimum Setback for Garage Door Facing Alley: Ten (10) feet.

(10)

Minimum Distance Between Buildings: Ten (10) feet.

(11)

Maximum Building Height: Thirty-five (35) feet.

(d)

Development Standards.

(1)

Development design and site layout shall protect and preserve wetlands and riparian areas, critical wildlife habitats and natural features, and landmarks.

(2)

Private and unpaved roads are permitted.

(3)

Impervious cover shall be minimized to reduce surface run-off.

(4)

Development must connect to pedestrian, bicycle and equestrian-friendly roads or trails as identified in the most recently adopted parks, trails, and open spaces master plan.

(5)

The development shall be subject to the applicable site and design standards found in this Chapter.

(a)

Intent. The Agricultural Estate District (AE) is intended to provide the present and future residents of the Town with areas in which to locate and establish residential land uses and land uses that are compatible with large lot residential areas and agriculturally related uses.

(b)

Use Regulations.

(1)

Uses by Right.

a.

Accessory buildings and structures not exceeding 25% lot coverage, only one may exceed 720 square feet.

b.

Agriculture including farming, ranching, and gardening.

c.

Bed and breakfast.

d.

Horse riding stable and grazing.

e.

Home occupations in accordance with Section 16-4-210.

f.

Parks and open space.

g.

Public buildings, including police and fire stations or government facilities, and civic facilities.

h.

Public and private schools.

i.

Single-family detached dwelling.

j.

Solar energy systems -accessory.

k.

Utility facilities - minor.

l.

Wireless communication facility -ATS in ROW.

m.

Wireless communication facility - eligible facilities.

(2)

Conditional Uses.

a.

Accessory dwellings when associated with a use by right, including caretaker units.

b.

Accessory uses that are customarily incidental to the permitted principal use

c.

Animal boarding including daycare.

d.

Childcare centers.

e.

Gas, oil, and other hydrocarbon well drilling and production (subject to state and local regulations).

f.

Group homes, as defined in Section 31-23-303, C.R.S.

g.

Places of worship.

h.

Solar energy systems - small.

i.

Utility facilities - major.

j.

Vocational/technical schools and colleges.

k.

Uses not listed as either uses by right or conditional uses that are similar to and compatible with the intent of the Agricultural Estates District.

(c)

Dimensional Requirements.

(1)

Minimum Lot Area: 1.5 acres minimum, 2.5 acre maximum

(2)

Maximum Lot Coverage: 25%

(3)

Maximum Gross Density: 0.66 dwelling units per acre

(4)

Minimum Lot Width: Sixty (60) feet

(5)

Minimum Front Setback: Twenty-five (25) feet.

(6)

Minimum Side Street Setback: Fifteen (15) feet.

(7)

Minimum Side Setback: Fifteen (15) feet.

(8)

Minimum Rear Setback: Twenty (20) feet.

(9)

Minimum Setback for Garage Door Facing Alley: Ten (10) feet.

(10)

Minimum Distance Between Buildings: Ten (10) feet.

(11)

Maximum Building Height: Thirty-five (35) feet.

(d)

Development Standards.

(1)

Site layout shall protect and preserve wetlands and riparian areas, critical wildlife habitats and natural features, and landmarks.

(2)

Development shall be located, sited, and designed to blend in with the existing natural environment and minimize disruption to existing terrain, vegetation, drainage patterns, flood plain irrigation ditches and any other distinctive natural features.

(3)

The development shall be subject to the applicable site and design standards found in this Chapter.

(a)

Intent. The Conservation District (CD) is included as a zoning classification for land that lies within floodplains and for land containing commercial mineral deposits.

(b)

Use Regulations

(1)

Uses by Right.

a.

Agriculture

b.

Campgrounds and RV Parks not located in the mapped floodway.

c.

Holding ponds and other structures for flood control, water storage and/or retention for potable or non-potable use, and watershed protection.

d.

Parks and open space.

e.

Recreational fields, trails, picnic shelters and like outdoor amenities, not including permanent buildings or structures that require a foundation.

f.

Single-family dwelling

g.

Solar energy systems - accessory.

h.

Utility facilities - minor.

i.

Wireless communication facilities - ATS in the right-of-way.

j.

Wireless communication facilities - eligible facilities.

(2)

Conditional Uses.

a.

Accessory buildings and structures 720 square feet or under per acre or 25% lot coverage, whichever is less.

b.

Commercial mineral extraction activities, as restricted.

c.

Gas, oil, and other hydrocarbon well drilling and production (subject to state and local regulations).

d.

Sanitary landfills developed and maintained according to all standards and requirements of state law.

e.

Transmission or radio tower over 40 feet in height.

f.

Utility facilities - major.

g.

Uses not listed as either uses by right or conditional uses that are similar to other uses in the district, and that are compatible with the intent of the Conservation District.

(c)

Dimensional Requirements.

(1)

Minimum Lot Area: 5 gross acres.

(2)

Maximum Lot Coverage: 20%.

(3)

Maximum Gross Density: Not applicable.

(4)

Minimum Lot Width: Two hundred (200) feet.

(5)

Minimum Front Setback: Twenty-five (25) feet.

(6)

Minimum Side Street Setback: Fifteen (15) feet.

(7)

Minimum Side Setback: Fifteen (15) feet.

(8)

Minimum Rear Setback: Twenty (20) feet.

(9)

Minimum Setback for Garage Door Facing Alley: Ten (10) feet.

(10)

Minimum Distance Between Buildings: Ten (10) feet.

(11)

Maximum Building Height: Thirty-five (35) feet.

(d)

Development Standards.

(1)

Development shall comply with all Flood Plain requirements as set forth in Article 4, Division 1: Floodplain Areas.

(2)

Development design and site layout shall protect and preserve wetlands and riparian areas, critical wildlife habitats and natural features, and landmarks.

(3)

Adequate water service and adequate sewer or adequate septic sewer is required.

(4)

The development shall be subject to the applicable site and design standards found in this Chapter.

(a)

Intent. The Public District (P) shall contain public buildings and land, public facilities, and land dedicated for public uses including parks and open space.

(b)

Use Regulations.

(1)

Uses by Right.

a.

Cemetery.

b.

Parks and open space.

c.

Public and private schools.

d.

Public buildings including police and fire stations or government facilities, and civic facilities.

e.

Solar energy systems - accessory.

f.

Sporting courts, tennis courts, swimming pools and other similar structures provided they are located in the rear yard of the lot. Uses that are compatible or customarily incidental to any of the permitted principal uses and are located on the same lot.

g.

Utility facilities - minor.

h.

Wireless communication facility - ATS in right-of-way.

i.

Wireless communication facility - eligible facility.

(2)

Conditional Uses.

a.

Childcare centers.

b.

Places of worship.

c.

Utility facilities - major.

d.

Vocational/technical schools and colleges.

e.

Uses not listed as either uses by right or conditional uses that are similar to and compatible with the intent of the Public District.

(c)

Dimensional Requirements.

(1)

Minimum Lot Area: Not applicable.

(2)

Maximum Lot Coverage: As approved through the site plan.

(3)

Maximum Gross Density: Not applicable.

(4)

Minimum Lot Width: As approved through the site plan.

(5)

Minimum Front Setback: As approved through the site plan and consistent with adjacent buildings.

(6)

Minimum Street-Side Setback: As required by the sight distance triangle.

(7)

Minimum Side Setback: As required by buffering from adjacent land uses and consistent with adjacent buildings.

(8)

Minimum Rear Setback: As required by buffering from adjacent land uses and consistent with adjacent buildings.

(9)

Minimum Setback for Garage Door Facing Alley: Not applicable.

(10)

Minimum Distance Between Buildings: Ten (10) feet.

(11)

Maximum Building Height: Thirty-five (35) feet.

(d)

Development Standards.

(1)

The development shall be subject to the applicable site and design standards found in this Chapter.

(a)

Intent. The Residential Estate District (R-1E) is a low-density housing district intended primarily for single-family uses on large lots. This zone is generally located away from the core community, in areas that transition to more rural, agricultural uses on the outskirts of the planning area.

(b)

Use Regulations.

(1)

Uses by Right.

a.

Accessory buildings and structures not exceeding 25% lot coverage, only one may exceed 720 square feet.

b.

Agriculture - farming, ranching, and gardening.

c.

Home occupations in accordance with Section 16-4-210.

d.

Horse riding stable and grazing.

e.

Parks and open space.

f.

Public and private schools.

g.

Public buildings, including police and fire stations or government facilities, and civic facilities.

h.

Single-family detached dwellings.

i.

Solar energy systems - accessory.

j.

Solar energy systems - small.

k.

Sporting courts, tennis courts, swimming pools and other similar structures provided they are located in the rear yard of the lot.

l.

Utility facilities - minor.

m.

Wireless communication facility - ATS in right-of-way.

n.

Wireless communication facility - eligible facilities.

(2)

Conditional Uses.

a.

Accessory dwellings including caretaker units when associated with a use by right.

b.

Adult care, day care centers, and senior centers.

c.

Agriculture - other rural land uses associated with agricultural operations.

d.

Animal boarding including daycare.

e.

Any permanent accessory structure that exceeds seven hundred twenty (720) square feet per acre of land.

f.

Bed and breakfast.

g.

Childcare centers.

h.

Gas, oil, and other hydrocarbon well drilling and production (subject to state and local regulations).

i.

Group home as defined in Section 31-23-303, C.R.S.

j.

Places of worship.

k.

Public or private recreational facilities, within a building or outside.

l.

RV Parks

m.

Solar energy systems - large.

n.

Utility facilities - major.

o.

Vocational/technical schools and colleges.

(3)

Uses not listed as either uses by right or conditional uses that are similar to and compatible with the intent of the Residential Estates District.

(c)

Dimensional Requirements.

(1)

Minimum Lot Area: Greater of 13,000 square feet or 4 times principal building floor area.

(2)

Maximum Lot Coverage: 40%.

(3)

Maximum Gross Density: Three (3) dwelling units per acre

(4)

Minimum Lot Width: Seventy-five (75) feet.

(5)

Minimum Front Setback: Twenty-five (25) feet.

(6)

Minimum Side Street Setback: Fifteen (15) feet.

(7)

Minimum Side Setback: Fifteen (15) feet.

(8)

Minimum Rear Setback: Twenty (20) feet.

(9)

Minimum Setback for Garage Door Facing Alley: Five (5) feet.

(10)

Minimum Distance Between Buildings: Ten (10) feet.

(11)

Maximum Building Height: Thirty-five (35) feet.

(d)

Development Standards.

(1)

The development shall be subject to the applicable site and design standards found in this Chapter.

(a)

Intent. The Single-Family Residential District (R-1) is a low-density housing district intended primarily for single-family uses on individual lots. This zone is characterized by interconnected pedestrian circulation systems and proximity to schools and parks.

(b)

Use Regulations.

(1)

Uses by Right.

a.

Accessory buildings and structures not exceeding 40% lot coverage, only one may exceed 720 square feet.

b.

Home occupations in accordance with Section 16-4-210.

c.

Parks and open space.

d.

Public and private schools.

e.

Public buildings, including police and fire stations or government facilities, and civic facilities.

f.

Single-family detached dwelling.

g.

Solar energy systems - accessory.

h.

Sporting courts, tennis courts, swimming pools and other similar structures provided they are located in the rear yard of the lot.

i.

Uses that are compatible or customarily incidental to any of the permitted principal uses and are located on the same lot.

j.

Utility facilities - minor.

k.

Wireless communication facility - ATS in right-of-way.

l.

Wireless communication facility - eligible facilities.

(2)

Conditional Uses.

a.

Accessory dwelling including caretaker units when associated with a use by right.

b.

Adult care, day care centers, and senior centers.

c.

Any permanent accessory structure that exceeds 720 square feet.

d.

Bed and breakfast.

e.

Childcare centers.

f.

Gas, oil, and other hydrocarbon well drilling and production (subject to state and local regulations).

g.

Group home as defined in Section 31-23-303, C.R.S.

h.

Places of worship.

i.

Public and private recreational facilities, with a structure or outside.

j.

Public buildings, including police and fire stations or facilities, and civic facilities.

k.

Solar energy system - small.

l.

Utility facilities - major.

m.

Utility facilities - minor.

n.

Vocational/technical schools and colleges.

o.

Uses not listed as either uses by right or conditional uses that are similar to and compatible with the Single-Family Residential District.

(c)

Dimensional Requirements.

(1)

Minimum Lot Area: Greater of 7,500 square feet or two (2) times principal building floor area.

(2)

Maximum Lot Coverage: 40%.

(3)

Maximum Gross Density: Five (5) dwelling units per acre.

(4)

Minimum Lot Width: Sixty (60) feet.

(5)

Minimum Front Setback: Twenty (20) feet.

(6)

Minimum Side Street Setback: Fifteen (15) feet.

(7)

Minimum Side Setback: Minimum of five (5) feet plus one (1) additional foot for every additional story.

(8)

Minimum Rear Setback: Twenty (20) feet.

(9)

Minimum Setback for Garage Door Facing Alley: Five (5) feet.

(10)

Minimum Distance Between Buildings: Ten (10) feet.

(11)

Maximum Building Height: Thirty-five (35) feet.

(d)

Development Standards.

(1)

The development shall be subject to the applicable site and design standards found in this Chapter.

(a)

Intent. The One and Two-Family Residential District (R-2) is intended to provide for two-family dwelling in addition to single-family detached dwelling units.

(b)

Use Regulations.

(1)

Uses by Right.

a.

Accessory buildings and structures not exceeding 40% total lot coverage, only one may exceed 720 square feet.

b.

Bed and breakfast.

c.

Home occupations in accordance with Section 16-4-210.

d.

Parks and open space.

e.

Public and private schools.

f.

Public buildings, including police and fire stations or government facilities, and civic facilities.

g.

Single-family detached dwellings.

h.

Solar energy systems - accessory.

i.

Two-family attached dwelling units

j.

Vocational/technical schools and colleges.

k.

Wireless communication facility - ATS in right-of-way.

l.

Wireless communication facility - eligible facilities.

(2)

Conditional Uses.

a.

Accessory dwelling unit or caretaker unit.

b.

Adult care, day care centers, and senior centers.

c.

Childcare centers.

d.

Cultural and educational facilities within a structure or outside.

e.

Gas, oil, and other hydrocarbon well drilling and production (subject to state and local regulations).

f.

Group home as defined by Section 31-23-303, C.R.S.

g.

Medical and dental office and medical clinics.

h.

Places of worship.

i.

Public and private recreation facilities, within a structure or outside. Sporting courts, tennis courts, swimming pools and other similar structures provided they are located in the rear yard of the lot.

j.

Solar energy systems - small.

k.

Utilities facilities - major.

l.

Uses not listed as either uses by right or conditional uses that are similar to other uses in the district, and that are compatible with the intent of the One and Two-Unit Residential District.

(c)

Dimensional Requirements.

(1)

Minimum Lot Area: 6,250 square feet for single family dwelling, 6,000 square feet for a duplex.

(2)

Maximum Lot Coverage: 40%.

(3)

Maximum Gross Density: Seven (7) dwelling units per acre.

(4)

Minimum Lot Width: Sixty (60) feet.

(5)

Minimum Front Setback: Twenty-five (25) feet.

(6)

Minimum Side Street Setback: Fifteen (15) feet.

(7)

Minimum Side Setback: Minimum of five (5) feet plus one (1) additional foot for additional story.

(8)

Minimum Rear Setback: Twenty (20) feet.

(9)

Minimum Setback for Garage Door Facing Alley: Five (5) feet.

(10)

Minimum Distance Between Buildings: Ten (10) feet.

(11)

Maximum Building Height: Thirty-five (35) feet.

(d)

Development Standards.

(1)

All development shall be designed to orient egress points, grading and other elements of the development to:

a.

Minimize adverse impacts on any existing or planned residential uses.

b.

Improve pedestrian or vehicle safety within the site and exiting from it.

c.

Reduce the visual intrusion of parking areas, screened storage areas, and similar accessory uses and structures.

(2)

The development shall be subject to the applicable site and design standards found in the Chapter.

(a)

Intent. The Multi-Family Residential District (R-3) is intended to preserve the traditional building pattern of mixed residential development, which historically has been integrated to form a vibrant, active, and cohesive neighborhood unit. This district provides for multi-unit buildings and single family attached units with supporting accessory uses.

(b)

Use Regulations.

(1)

Uses by Right.

a.

Accessory buildings and structures 720 square feet or under per acre or 65% lot coverage, whichever is less.

b.

Bed and breakfast.

c.

Home occupations in accordance with Section 16-4-210.

d.

Multi-family dwellings, with or without zero property lines.

e.

Parks and open space.

f.

Places of worship.

g.

Public and private schools.

h.

Public buildings, including police and fire stations or government facilities, and civic facilities.

i.

Solar energy systems - accessory.

j.

Two family attached dwelling units.

k.

Utility facilities - minor.

l.

Wireless communication facility - ATS in right-of-way.

m.

Wireless communication facility - eligible facilities.

(2)

Conditional Review Uses.

a.

Adult care, day care centers, and senior centers.

b.

Childcare centers.

c.

Congregate living health facilities with no more than 6 beds.

d.

Cultural and educational facilities within a structure or outside.

e.

Gas, oil, and other hydrocarbon well drilling and production (subject to state and local regulations).

f.

Group homes as defined by Section 31-23-303, C.R.S.

g.

Medical and dental offices and medical clinics or similar medical use.

h.

Places of worship.

i.

Solar energy system - small.

j.

Sporting courts, tennis courts, swimming pools and other similar structures provided they are located in the rear yard of the lot.

k.

Utility facilities - major.

l.

Vocational/technical schools and Colleges.

m.

Wireless communication facility - towers.

n.

Uses not listed as either uses by right or conditional uses that are similar to and compatible with the intent of the Multi-Family Residential District.

(c)

Dimensional Requirements.

(1)

Minimum Lot Area: 10,000 square feet.

(2)

Maximum Lot Coverage: 65%.

(3)

Maximum Gross Density: Eighteen (18) dwelling units per acre.

(4)

Minimum Lot Width: Sixty (60) feet.

(5)

Minimum Front Setback: Twenty-five (25) feet.

(6)

Minimum Side Street Setback: Minimum of fifteen (15) feet plus one (1) additional foot for every additional story.

(7)

Minimum Side Setback: Minimum of five (5) feet plus one (1) additional foot for every additional story.

(8)

Minimum Rear Setback: Twenty (20) feet.

(9)

Minimum Setback for Garage Door Facing Alley: Five (5) feet.

(10)

Minimum Distance Between Buildings: Twenty (20) feet.

(11)

Maximum Building Height: Forty (40) feet.

(d)

Development Standards.

(1)

All development shall be designed to orient egress points, grading and other elements of the development to:

a.

Minimize adverse impacts on any existing or planned residential uses.

b.

Improve pedestrian or vehicle safety within the site and exiting from it.

c.

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory uses and structures.

(2)

All improvements including buildings, walls and fences shall be so sited to complement existing development in scale and location.

(3)

The development shall be subject to the applicable site and design standards found in this Chapter.

(a)

Intent. The Manufactured Home Community District (R-M) is intended to be a residential district for manufactured homes including mobile homes parks and manufactured home communities, subject to the provisions of the Town's manufactured home requirements.

(b)

Use Regulations.

(1)

Uses by Right.

a.

Uses by Right in the R-M District are those that are authorized under a mobile home community license issued pursuant to the ordinances of the Town. The R-M District classification shall be assigned to all lands within the Town that are presently licensed.

b.

Accessory buildings or structures 720 square feet or under per acre or 40% lot coverage, whichever is less.

c.

Accessory structures less than two hundred (200) gross square feet shall not be deemed an accessory structure within the meaning of this Article. All structures, regardless of size, must meet the dimensional requirements specified for this zone district and submit a plot plan for approval. Each manufactured home space is allowed one storage structure that shall be a minimum of one hundred and twenty (120) square feet for each manufactured home space.

d.

Mobile homes, subject to Sec. 16-3-470. - Factory built, manufactured, and mobile homes standards

e.

Parks and Open Space.

f.

Single family detached dwelling.

g.

Solar energy systems - accessory.

h.

Wireless communication facility - ATS in right-of-way. Wireless communication facility - eligible facilities.

(2)

Conditional Uses.

a.

Bed and breakfast.

b.

Congregate care.

c.

Gas, oil, and other hydrocarbon well drilling and production (subject to state and local regulations).

d.

Group homes as defined by Section 31-23-303, C.R.S.

e.

Places of worship.

f.

Public buildings, including police and fire stations or government facilities, and civic facilities.

(c)

Dimensional Requirements. See also Article IV, Division 4: Manufactured Home Parks

(1)

Minimum Lot Area: Five (5) acre district and 4,000 square feet per space.

(2)

Maximum Lot Coverage: Ten (10%) percent common area.

(3)

Maximum Gross Density: Ten (10) units per acre for platted lots.

(4)

Minimum Lot Width: Fifty (50) feet minimum width, eighty (80) feet minimum length.

(5)

Minimum Setbacks: Community property line twenty (20) feet for any building or manufactured home; rear spacing twenty (20) feet when units are end-to-side, and ten (10) feet when units are end-to-end.

(6)

Minimum Setback for Garage Door Facing Alley: Not applicable.

(7)

Minimum Distance Between Buildings: Ten (10) feet.

(8)

Maximum Building Height: Thirty-five (35) feet.

(d)

Development Standards. See Article IV, Division 4: Manufactured Home Parks

(a)

Intent. The Mixed-Use Commercial-Downtown District (MU-C-D) is intended to reflect the character of the original Downtown and to provide for a mixture of uses that will strengthen the core "Downtown" area. The area identified for MU-C-D is one and one-half (11/2) blocks on either side of State Highway 60 (Broad Street) between Alice Avenue and Kathleen Avenue. Mixed use development may include residential development, above a ground floor retail use.

(1)

Provide convenient business and other services for area residents and visitors;

(2)

Facilitate small business development and vitality;

(3)

Limit direct approaches onto Highway 60 unless a permit is granted by CDOT.

(4)

Build a clear identity for Downtown Milliken that is distinct from other parts of the community.

(b)

Use Regulations.

(1)

Uses by Right.

a.

Residential and Residential Related Uses.

1.

Accessory buildings and structures 720 square feet or under per acre or 40% of lot coverage, whichever is less.

2.

Accessory dwellings including caretaker units.

3.

Adult day care, day care centers, and senior centers.

4.

Bed and breakfast.

5.

Home occupations in accordance with Section 16-4-210.

6.

Live/work residences.

7.

Single-family and multi-family dwellings.

8.

Two-family dwellings.

9.

Single-family detached dwellings.

10.

Solar energy systems - accessory.

11.

Wireless communication facility - ATS in right-of-way.

12.

Wireless communication facility - eligible facilities.

b.

Institutional/Civic/Public Uses:

1.

Clubs and lodges operated by and for their members.

2.

Cultural and educational facilities within a structure or outside.

3.

Parks and open space.

4.

Places of worship.

5.

Public and private schools

6.

Public buildings, including police and fire stations or government facilities, and civic facilities.

c.

Commercial Uses:

1.

Adult care, day care centers, and senior centers.

2.

Animal boarding including daycare (see conditional uses).

3.

Animal clinics and veterinary facilities with or without inside boarding.

4.

Bars, taverns, brew pubs, micro-breweries, and liquor stores.

5.

Childcare centers.

6.

Eating and drinking establishment without drive-through facilities.

7.

Entertainment facilities and theaters including meeting facilities.

8.

Gas stations, with and without repair and servicing facilities or car wash capabilities.

9.

Hotels motels and lodges with up to 35 rooms.

10.

Medical and dental offices and medical clinics.

11.

Places of worship.

13.

Professional Services

14.

Outdoor dining areas operated in conjunction with permitted eating and drinking establishments.

15.

Retail sales.

16.

Single-family and multi-family dwellings in conjunction with commercial uses.

17.

Workshops and custom small trades enclosed within a building.

(2)

Conditional Uses.

a.

Animal boarding including day care.

b.

Auto, recreational vehicle, boat, and truck sales.

c.

Gas, oil, and other hydrocarbon well drilling and production (subject to state and local regulations).

d.

Group home as defined by Section 31-23-303, C.R.S.

e.

Medical Clinics and long-term care facilities.

f.

Restaurants, drive-through.

g.

Utility facilities - major.

h.

Utility facilities - minor.

i.

Vocational/technical schools and colleges.

j.

Uses not listed as either uses by right or conditional uses that are similar to and compatible with the intent of the Mixed Use Commercial Downtown District.

(c)

Dimensional Requirements.

(1)

Minimum Lot Area: Not applicable.

(2)

Maximum Lot Coverage: 40%, except commercial use may exceed 40%. Maximum 10,000 square feet for a building footprint.

(3)

Maximum Gross Density: 2:1 floor area ratio (total floor area to total lot area).

(4)

Minimum Lot Width: Fifty (50) feet.

(5)

Minimum Front Setback: Zero (0) feet minimum, Fifteen (15) feet maximum for commercial uses. Twenty (20) feet or the average front setback of the two adjacent legal nonconforming buildings for vacant lots for residential uses.

(6)

Minimum Side Street Setback: Minimum required for sight distance triangle for commercial uses. Ten (10) feet for residential uses.

(7)

Minimum Side Setback: Zero (0) for Commercial Uses. The greater of five (5) feet or one (1) foot for every three feet of building height or fraction thereof for residential uses.

(8)

Minimum Rear Setback: Zero (0) feet, unless parking is off the alley then twenty-five (25) feet for commercial uses. Twenty (20) feet for residential uses.

(9)

Minimum Distance Between Buildings: Not applicable.

(10)

Maximum Building Height: Forty (40) feet. See Section 16-2-50(c)(2) for exceptions.

(d)

Development Standards

(1)

All development shall be designed so that for the given location, egress points, grading and other elements of the development, could not be reasonably altered to:

a.

Minimize adverse impacts on any existing or planned residential uses.

b.

Improve pedestrian or vehicle safety within the site and exiting from it.

c.

Reduce the visual intrusion of parking areas, screened storage areas and similar accessory uses and structures.

(2)

The development shall be subject to the design standards for building form and siting set forth in Section 16-3-475 Commercial and Industrial Building Types and Locations; Section 16-3-480 General Provisions.

(3)

All improvements including buildings, walls and fences shall be so sited to:

a.

Complement existing development in scale and location.

b.

Provide sidewalks as specified in the Subdivision Standards or an off-road system of pedestrian and bicycle trails of greater than five (5) feet in width.

c.

Create pocket parks or green spaces that at a minimum provide seating and landscaping.

d.

Entrances to buildings shall be designed to ensure smooth and safe pedestrian circulation, and ease of snow removal.

e.

Loading and unloading facilities shall be located in the rear of buildings and shall be screened from public view.

f.

Buildings shall be designed to minimize snow shedding and runoff onto pedestrian areas and public ways.

g.

Driveways crossing sidewalks on arterial streets may serve parking and loading areas only, but shall not serve any drive-in, drive-through or auto service facility.

(4)

With respect to the mix of uses downtown, Milliken's historic buildings have established a pattern of development. Buildings are located close to the sidewalk, forming a continuous street facade. Pedestrian movement is the primary focus. Building height, architectural details, front setbacks, parking location, wall articulation and sidewalks establish the architectural edge that defines this area as a walkable commercial corridor.

(Ord. 793, § 1, 8-25-2021)

(a)

Intent. The Neighborhood Commercial District (C-1) is a commercial zoning district intended to establish and preserve areas for office uses and related commercial goods and services.

(b)

Use Regulations.

(1)

Uses by Right.

a.

Accessory buildings and structures 720 square feet or under per acre or 40% lot coverage whichever is less.

b.

Contractor trades with no outside storage.

c.

Eating and drinking establishments without drive-up facilities.

d.

Offices.

e.

Professional Services.

f.

Parks and Open Space.

g.

Places of worship.

h.

Public and private schools

i.

Public buildings, including police and fire stations or government facilities, and civic facilities.

j.

Public or private recreational facilities, within a structure or outside.

k.

Solar energy system - accessory.

l.

Uses that are compatible or customarily incidental to any of the permitted principal uses and are located on the same lot.

m.

Utility facilities - minor.

n.

Vocational/technical schools and colleges.

o.

Wireless communication facility - ATS in right-of-way.

p.

Wireless communication facility - eligible facilities. Workshops and custom small industry uses enclosed within a building or structure.

(2)

Conditional Uses.

a.

Bed and breakfast.

b.

Clubs operated by and for their members.

c.

Commercial mineral extraction activities and sales, as restricted.

d.

Gas, oil, and other hydrocarbon well drilling and production (subject to state and local regulations).

e.

Group homes, as defined in Section 31-23-303, C.R.S.

f.

Hospitals and long-term care facilities including assisted living.

g.

Light manufacturing.

h.

Medical and dental offices and medical clinics or similar medical use.

i.

Outdoor storage of materials, no more than 10% of lot area.

j.

Retail sales and services.

k.

Solar energy systems - small.

l.

Utility facilities - major.

m.

Wireless communication facility - towers.

n.

Uses not listed as either uses by right or conditional uses that are similar to other uses in the district, and that are compatible with the intent of the Neighborhood Commercial District.

(c)

Dimensional Requirements.

(1)

Minimum Lot Area: Two (2) times the combined ground floor level of all principal and accessory buildings.

(2)

Maximum Lot Coverage: 50%.

(3)

Maximum Gross Density: 2:1 floor area ratio.

(4)

Minimum Lot Width: Sixty (60) feet.

(5)

Minimum Front Setback: Twenty-five (25) feet.

(6)

Minimum Side Street Setback: Fifteen (15) feet.

(7)

Minimum Side Setback: Ten (10) feet unless adjacent to a residential use.

(8)

Minimum Rear Setback: Ten (10) feet unless adjacent to a residential use.

(9)

Minimum Setback for Garage Door Facing Alley: Twenty-five (25) feet if alley loaded parking is provided.

(10)

Minimum Distance Between Buildings: Ten (10) feet unless adjacent to a residential use.

(11)

Maximum Building Height: Thirty-five (35) feet.

(d)

Development Standards.

(1)

All development shall be designed so that for the given location, egress points, grading and other elements of the development, could not be reasonably altered to minimize adverse impacts on any existing or planned residential uses.

(2)

All development shall be designed to improve pedestrian or vehicle safety within the site and exiting from it.

(3)

The development shall be subject to the design standards for building form and siting set forth in Section 16-3-475. Commercial and Industrial Building Types and Locations; and Section 16-3-480 General Provisions.

(a)

Intent. The Service Business District (C-4) is a commercial zone district intended to establish and preserve areas for more intense commercial and wholesale uses, including automobile-related service and sales.

(b)

Use Regulations.

(1)

Uses by Right.

a.

Accessory buildings or structures 720 square feet or under per acre or 40% of lot coverages whichever is less.

b.

Adult care, day care center, and senior centers.

c.

Animal clinics and veterinary facilities with no boarding.

d.

Auto, recreational vehicle, boat, and truck sales.

e.

Auto repair/service, and auto body and paint shops.

f.

Bars, taverns, brew pubs, micro-breweries, and liquor stores.

g.

Childcare centers.

h.

Eating and drinking establishments

i.

Cultural and educational facilities within a structure or outside.

j.

Entertainment facilities and theaters including meeting facilities.

k.

Gas stations, with or without repair and servicing facilities or car wash capabilities.

l.

Hospitals and long-term care facilities including nursing homes and assisted living.

m.

Hotels, motels, and lodges over thirty-five (35) rooms.

n.

Light manufacturing and assembly.

o.

Lumber yard and building supply facilities, including screened outdoor storage.

p.

Manufacturing - light.

q.

Medical and dental offices and medical clinics or similar medical use.

r.

Mini-storage facilities.

s.

Parks and Open Space.

t.

Places of worship.

u.

Professional Services

v.

Professional trade, and contractor/trade services including the rental of tools, equipment, and vehicles.

w.

Public and private schools

x.

Public buildings, including police and fire stations or facilities, and civic facilities.

y.

Public or private recreational facilities, within a structure or outside.

z.

Congregate living health facilities with no more than 6 beds.

aa.

Restaurants, including drive-in or drive through.

bb.

Retail sales.

cc.

Solar energy systems - accessory.

dd.

Solar energy systems - small.

ee.

Utility facilities - major.

ff.

Utility facilities - minor.

gg.

Vocational/technical schools and Colleges.

hh.

Wireless communication facility - ATS in right-of-way.

ii.

Wireless communication facility - eligible facilities.

jj.

Workshops and custom small trades enclosed within a building or structure.

kk.

Uses that are compatible or customarily incidental to any of the permitted principal uses and are located on the same lot.

(2)

Conditional Uses.

a.

Accessory dwelling unit or caretaker unit.

b.

Animal boarding including daycare.

c.

Commercial mineral extraction activities and sales, as restricted.

d.

Congregate care.

e.

Food and beverage processing.

f.

Gas, oil, and other hydrocarbon well drilling and production (subject to state and local regulations).

g.

Group homes, as defined in Section 31-23-303, C.R.S.

h.

Horse arenas.

i.

Horse riding stables and grazing.

j.

Indoor gun ranges, public or private.

k.

Outdoor storage of materials, no more than ten percent (10%) of lot area.

l.

RV parks.

m.

Self-storage facilities.

n.

Wholesale merchandise establishments.

o.

Wireless communication facility - towers.

p.

Uses not listed as either uses by right or conditional uses that are similar to and compatible with the intent of the Service Business District.

(c)

Dimensional Requirements.

(1)

Minimum Lot Area: As needed to support proposed development and required onsite improvements such as landscaping, parking, etc.

(2)

Maximum Gross Density: Not applicable.

(3)

Minimum Lot Width: Sixty (60) feet.

(4)

Minimum Front Setback: Twenty-five (25) feet.

(5)

Minimum Side Street Setback: Fifteen (15) feet.

(6)

Minimum Side Setback: Ten (10) feet unless adjacent to a residential use.

(7)

Minimum Rear Setback: Zero (0) feet unless adjacent to a residential use.

(8)

Minimum Setback for Garage Door Facing Alley: Not applicable.

(9)

Minimum Distance Between Buildings: Per building code.

(10)

Maximum Building Height: Forty (40) feet.

(d)

Development Standards.

(1)

Entrances to buildings shall be designed to ensure smooth and safe pedestrian circulation, and ease of snow removal.

(2)

Loading and unloading facilities shall be located in the rear of buildings and shall be screened from public view.

(3)

All activities shall be wholly contained within buildings, except for access, parking, loading and if screened by sight or plantings.

(4)

All development shall be designed so that for the given location, egress points, grading and other elements of the development could not be reasonably altered to:

a.

Reduce the number of access points onto an arterial or collector street.

b.

Minimize adverse impacts on any existing or planned residential uses.

c.

Improve pedestrian or vehicle safety within the site and exiting from it.

d.

Reduce the visual intrusion of parking areas, screened outdoor storage areas and similar accessory areas and structures.

e.

The development shall be subject to the design standards for building form and siting set forth in Section 16-3-475 Commercial and Industrial Building Types and Locations; Section 16-3-480 General Provisions.

(Ord. 824, § 1, 5-14-2025)

(a)

Intent. The Special Business District (C-5) is a special business zoning district intended to establish and preserve areas for adult-oriented uses and marijuana related business as defined in Section 16-7-150 within the Town of Milliken.

(b)

Use Regulations.

(1)

Uses by Right.

a.

Accessory buildings or structures under 720 square feet or 40% lot coverages whichever is less.

b.

Medical marijuana centers, medical marijuana optional premises cultivation operations, medical marijuana infused product manufacturers, and medical marijuana testing facilities.

c.

Parks and open space.

d.

Professional trade and contractor/trade services including related outdoor storage of equipment, materials, and vehicles.

e.

Public and private recreational facilities, within a structure or outside.

f.

Retail marijuana stores, retail marijuana cultivation facilities, retail marijuana product manufacturing facilities, and retail marijuana testing facilities.

g.

Solar energy systems - accessory.

h.

Solar energy systems - small.

i.

Uses that are compatible or customarily incidental to any of the permitted.

j.

Wireless communication facility - ATS in right-of-way.

k.

Wireless communication facility - base stations, ATS.

l.

Wireless communication facility - eligible facilities.

(2)

Conditional Uses.

a.

Accessory dwelling unit or caretaker unit.

b.

Establishments which are operated for and open to the public in which persons who are engaged in adult-oriented uses defined in Article VIII and include persons who are engaged in sexually related activities and/or who are partially nude or appear nude and/or products offered for sale as a substantial portion of the business (10% of gross sales or 10% of gross floor area) are for the purpose of providing sexually related entertainment to the patrons.

c.

Implementation of Adult Oriented Business. At such time as a petition requesting a change of zoning to the C-5 Zone District is submitted to the Town for processing, the Planning Commission shall recommend and the Board of Trustees shall review, revise and adopt as appropriate, regulations which are not tantamount to a complete prohibition of such operations. Such regulations may include addressing the following issues if not already completely pre-empted by the statutes and regulations adopted by the State:

1.

Minimum age requirements for admittance to, management and employees of such establishments;

2.

Limitations on the hours during which such establishments may be open for business;

3.

Restrictions on the location of such establishments with regard to schools, places of worship, and residential areas; and

4.

Regulations which ensure the health and safety of the employees and customers of the business.

d.

RV Parks.

e.

Outdoor storage of materials, no more an 10% of lot area.

f.

Self-storage facilities.

g.

Wireless communication facility - towers.

h.

Uses not listed as either uses by right or conditional uses that are similar to and compatible with the intent of the Special Business District.

(c)

Dimensional Requirements.

(1)

Minimum Lot Area: Must meet all other standards.

(2)

Maximum Gross Density: Not applicable.

(3)

Minimum Lot Width: Sixty (60) feet.

(4)

Minimum Front Setback: Twenty-five (25) feet.

(5)

Minimum Side Street Setback: Fifteen (15) feet.

(6)

Minimum Side Setback: Ten (10) feet unless adjacent to a residential use. See (Sec. 16-3-315. - Amount of landscaping required and Table 16-2.C: Summary of Landscaping Requirements by Use Type.

(7)

Minimum Rear Setback: Zero (0) feet unless adjacent to a residential use. See (Sec. 16-3-315. - Amount of landscaping required and Table 16-2.C: Summary of Landscaping Requirements by Use Type.

(8)

Minimum Setback for Garage Door Facing Alley: Not applicable.

(9)

Minimum Distance Between Buildings: Per building code.

(10)

Maximum Building Height: Forty (40) feet.

(d)

Development Standards.

(1)

The development shall be subject to the design standards for building form and siting set forth in Section 16-3-475 Commercial and Industrial Building Types and Locations; Section 16-3-480 General Provisions.

(a)

Intent. The Light Industrial District (I-1) is intended to provide locations for a variety of light industrial uses, research and development facilities, offices, and institutions.

(b)

Use Regulations.

(1)

Uses by Right. The following uses by right are allowed in the Light Industrial District (I-1), provided that outside storage and activity areas, other than employee and visitor parking or loading areas, do not exceed fifty (50%) percent.

a.

Agriculture - education or research related to agriculture, horticulture, and animal sciences.

b.

Agriculture - keeping and grazing livestock.

c.

Animal boarding, including kennels.

d.

Animal clinics and veterinary facilities with boarding.

e.

Auto, recreational vehicle, boat, and truck sales including repair stations.

f.

Autobody and paint shops.

g.

Childcare centers, public or private spaces.

h.

Educational or research facilities.

i.

Food and beverage processing.

j.

Gas stations, with or without repair and servicing facilities or car wash capabilities.

k.

Light manufacturing and assembly.

l.

Lumberyards and building supply facilities, including outdoor storage.

m.

Mini-storage facilities.

n.

Nursery or tree farm.

o.

Outdoor storage of materials, screened from view.

p.

Parks and Open Space.

q.

Places of worship.

r.

Professional trade, and contractor/trade services including related outdoor storage of equipment, materials, and vehicles.

s.

Public buildings, including police and fire stations or facilities, and civic facilities.

t.

Public or private recreational facilities, within a structure or outside.

u.

Rental of tools, equipment, and vehicles.

v.

Research and development.

w.

RV Parks.

x.

RV sales, service, and storage.

y.

Sale and repair of farm machinery and diesel trucks and buses.

z.

Self-storage facilities.

aa.

Solar energy systems - accessory.

bb.

Solar energy systems - small.

cc.

Transportation terminals and trucking.

dd.

Uses that are compatible or customarily incidental to any of the permitted principal uses and are located on the same lot.

ee.

Utility facilities - minor.

ff.

Vocational/technical schools and colleges.

gg.

Wholesale merchandise establishments.

hh.

Wireless communication facility - ATS in right-of-way.

ii.

Wireless communication facility - base stations, ATS.

jj.

Wireless communication facility- tower.

kk.

Workshops and custom small industry uses enclosed within a building or structure.

ll.

Uses not listed as either uses by right or conditional uses that are similar to and compatible with the intent of this district.

(2)

Conditional Uses.

a.

Accessory dwelling unit or caretaker unit.

b.

Cemetery.

c.

Congregate living health facilities with no more than six (6) beds.

d.

Commercial mineral extraction activities, as restricted.

e.

Gas, oil, and other hydrocarbon well drilling and production (subject to state and local regulations).

f.

Indoor gun ranges, public or private.

g.

Outdoor gun ranges, public or private.

h.

Production, fabrication, or assembly activities, including oil and gas services and repair facilities.

i.

Public and private schools.

j.

Solar energy systems - large.

k.

Wireless communication facility- towers.

l.

Uses not listed as either uses by right or conditional uses that are similar to and compatible with the intent of the Light Industrial District.

(c)

Dimensional Requirements.

(1)

Minimum Lot Area: As needed to support the proposed development and all required onsite improvements.

(2)

Maximum Lot Coverage: 85%.

(3)

Maximum Gross Density: Not applicable.

(4)

Minimum Lot Width: Sixty (60) feet.

(5)

Minimum Front Setback: Thirty (30) feet, unless adjacent to major arterial then fifty (50) feet.

(6)

Minimum Side Street Setback: Thirty (30) feet, unless adjacent to major arterial then fifty (50) feet.

(7)

Minimum Side and Rear Setback: Zero (0) feet unless adjacent to a residential use. When adjacent to a residential use or zoning district, the required side or rear yards shall be twice the height of the building on the lot, or twenty-five (25) feet, whichever is greater.

(8)

Minimum Setback for Garage Door Facing Alley: Not applicable.

(9)

Minimum Distance Between Buildings: Per building code.

(10)

Maximum Building Height: Not applicable.

(d)

Development Standards.

(1)

Entrances to buildings shall be designed to ensure smooth and safe pedestrian circulation, and ease of snow removal.

(2)

Loading and unloading facilities shall be located in the rear of buildings and shall be screened from public view.

(3)

Buildings shall be designed to minimize snow shedding and runoff onto pedestrian areas and public ways.

(4)

Driveways crossing sidewalks on arterial streets may serve parking and loading only, but may not serve any drive-in, drive-through or auto service facility.

(5)

All activities shall be wholly contained within buildings except for access, parking, loading and if screened by sight impervious fencing or plantings, storage, and refuse containers.

(6)

Land in any particular industrial district may be used in ways and purposes that are clearly incidental to the principal uses authorized in the district. Accessory uses and accessory buildings in industrial districts shall include:

a.

Parking spaces and structures for the use of employees and customers and for the loading and parking of delivery vehicles.

b.

Accessory buildings for the storage of supplies and materials used by employees.

c.

Accessory buildings for the housing of guards, night watchmen or maintenance personnel.

(7)

The development shall be subject to the design standards for building form and siting set forth in Section 16-3-475 Commercial and Industrial Building Types and Locations; Section 16-3-480 General Provisions.

(Ord. No. 823, § 1, 3-12-2025)

(a)

Intent. The Medium Industrial District (I-2) is intended to provide a location for a variety of medium industrial uses, warehousing and distributing, indoor and outdoor storage and a wide range of commercial and industrial operations including close proximity to rail and major transportation corridors.

(b)

Use Regulations.

(1)

Uses by Right.

a.

Accessory buildings or structures seven hundred twenty (720) square feet or under per acre or forty percent (40%) lot coverages whichever is less.

b.

Agriculture - central farm distribution hub for agricultural products.

c.

Agriculture including farming, ranching, and gardening.

d.

Animal clinics and veterinary facilities with no boarding.

e.

Auto, recreational vehicle, boat, and truck sales, with or without repair facilities.

f.

Autobody and paint shops.

g.

Bars, taverns, brew pubs, micro-breweries, and liquor stores.

h.

Eating and drinking establishments

i.

Educational or research facilities.

j.

Farming, ranching, and gardening.

k.

Food and beverage processing.

l.

Gas stations, with or without repair and or car wash capabilities.

m.

General services including repair.

n.

Light manufacturing.

o.

Lumberyards and building supply facilities including outdoor storage.

p.

Machine shops.

q.

Outdoor storage of materials, screened from view.

r.

Parks and open space.

s.

Production, fabrication, or assembly activities, including oil and gas services and repair facilities.

t.

Professional trade, and construction contractor services including related outdoor storage of equipment, materials, and vehicles.

u.

Public buildings, including police and fire stations or facilities, and civic facilities.

v.

Railroad yards and stations.

w.

Recreational facilities, dining facilities, and personal and professional services as an accessory use incidental to the primary use of the parcel.

x.

Recycling facilities.

y.

Rental of tools, equipment, and vehicles.

z.

Research and development.

aa.

Restaurants, drive-in or drive through.

bb.

RV sales, service, and storage.

cc.

Sale and repair of farm machinery and diesel trucks and buses.

dd.

Self-storage facilities.

ee.

Solar energy systems - accessory

ff.

Solar energy systems - small.

gg.

Storage facilities.

hh.

Transportation headquarters, with incidental repair and servicing facilities.

ii.

Transportation terminals and trucking.

jj.

Truck stop.

kk.

Uses that are compatible or customarily incidental to any of the permitted principal uses and are located on the same lot.

ll.

Utility Facilities - minor.

mm.

Utility Facilities - major.

nn.

Warehousing and distribution facilities with outside storage.

oo.

Wholesale merchandise establishments.

pp.

Wireless communication facility-ATS in right-of-way.

qq.

Wireless communication facility - base stations, ATS.

rr.

Wireless communication facility - eligible facilities.

ss.

Uses not listed as either uses by right or conditional uses that are similar to and compatible with the intent of this district.

(2)

Conditional Review Uses.

a.

Above ground storage tanks for liquefied petroleum gas.

b.

Accessory dwelling unit or caretaker unit.

c.

Agriculture - concentrated animal feeding operations (CAFO).

d.

Airports and airstrips.

e.

Animal boarding including daycare.

f.

Cemetery.

g.

Congregate care.

h.

Gas, oil, and other hydrocarbon well drilling and production (subject to state and local regulations).

i.

Grain feed elevators, Homeland Security inspection required.

j.

Indoor gun ranges, public or private.

k.

Natural medicine business

l.

Outdoor gun ranges, public or private.

m.

RV Parks.

n.

Sanitary landfill/transfer stations.

o.

Solar energy systems - large.

p.

Wireless communication facility - tower.

q.

Uses not listed as either uses by right or conditional uses that are similar to and compatible to the intent of the Medium Industrial District.

(c)

Dimensional Requirements.

(1)

Minimum Lot Area: As needed to support the proposed development and all required onsite improvements.

(2)

Maximum Lot Coverage: 85%.

(3)

Maximum Gross Density: Not applicable.

(4)

Minimum Lot Width: Sixty (60) feet.

(5)

Minimum Front Setback: Thirty (30) feet, unless adjacent to major arterial then fifty (50) feet.

(6)

Minimum Side Street Setback: Thirty (30) feet, unless adjacent to major arterial then fifty (50) feet.

(7)

Minimum Side and Rear Setback: Zero (0) feet unless adjacent to a residential use. When adjacent to a residential use or zoning district, the required side or rear yards shall be twice the height of the building on the lot, or twenty-five (25) feet, whichever is greater.

(8)

Minimum Distance Between Buildings: Per building code.

(9)

Maximum Building Height: Not applicable.

(d)

Development Standards

(1)

Land in this industrial district may be used in ways and purposes that are clearly incidental to the principal uses authorized in the district. Accessory uses and accessory buildings in industrial districts shall include:

a.

Parking spaces and structures for the use of employees and customers and for the loading and parking of delivery vehicles.

b.

Accessory buildings for the storage of supplies and materials used by employees.

c.

Accessory buildings for the housing of guards, night watchmen or maintenance personnel.

(Ord. 819 meeting, § 2, 12-23-2024; Ord. No. 823, § 2, 3-12-2025)

(a)

Intent. The Heavy Industrial District (I-3) is intended to provide a location for a variety of heavy industrial uses.

(b)

Use Regulations

(1)

Uses by Right.

a.

Agriculture - central farm distribution hub for agricultural products.

b.

Agriculture - education or research related to agriculture, horticulture, and animal sciences.

c.

Agriculture including farming, ranching, or gardening.

d.

Animal boarding, including kennels.

e.

Animal boarding, including kennels, as restricted and veterinary clinics.

f.

Animal clinics and veterinary facilities with no boarding.

g.

Auto, recreational vehicle, boat, and truck sales.

h.

Auto, recreational vehicle, boat, and truck sales including repair stations, including RV sales, service, and storage.

i.

Autobody and paint shops.

j.

Cemeteries.

k.

Food and beverage processing.

l.

Gas stations, with or without repair and servicing facilities or car wash capabilities.

m.

Indoor storage facilities.

n.

Lumberyards.

o.

Machine shops.

p.

Mini-storage facilities.

q.

Nursery or tree farm.

r.

Production, fabrication, or assembly activities, including oil and gas services and repair facilities.

s.

Professional trade, and construction contractor services including related outdoor storage of equipment, materials, and vehicles.

t.

Public buildings, including police and fire stations or facilities, and civic facilities.

u.

Public or private recreational facilities, within a structure or outside.

v.

Public schools and public school extension classes.

w.

Outdoor storage if screened from street view.

x.

Railroad yards and stations.

y.

Recreational facilities, dining facilities, and personal and professional services as an accessory use incidental to the primary use of the parcel.

z.

Recycling facilities.

aa.

Rental of tools, equipment, and vehicles.

bb.

Research and development.

cc.

Restaurants, drive-in or drive through.

dd.

RV sales, service, and storage.

ee.

Retail marijuana stores, cultivation facilities, product manufacturing facilities, and testing facilities including a combination of such uses or dual operation with retail marijuana establishments.

ff.

Sale and repair of farm machinery and diesel trucks and buses.

gg.

Small equipment repair facilities.

hh.

Solar energy systems - accessory.

ii.

Solar energy systems - large.

jj.

Solar energy systems - small.

kk.

Transportation headquarters, with incidental repair and servicing facilities.

ll.

Transportation terminals and trucking.

mm.

Uses that are compatible or customarily incidental to any of the permitted principal uses and are located on the same lot.

nn.

Utility facilities - major.

oo.

Utility facilities - minor.

pp.

Veterinary facilities, large animal clinics.

qq.

Veterinary facilities, small animal clinics.

rr.

Vocational/technical schools and college.

ss.

Warehousing and distribution facilities with outside storage.

tt.

Wholesale merchandise establishments.

uu.

Wireless communication facility - ATS in right-of-way.

vv.

Wireless communication facility - base stations, ATS.

ww.

Wireless communication facility - eligible facilities.

xx.

Workshops and custom small industries.

yy.

Uses not listed as either uses by right or conditional uses that are similar to and compatible with the intent of this district.

(2)

Conditional Review Uses.

a.

Above ground storage tanks for liquefied petroleum gas.

b.

Accessory dwelling unit or caretaker unit.

c.

Agriculture including farming, ranching, and gardening.

d.

Agriculture-Concentrated animal feeding operations (CAFO).

e.

Airports and airstrips.

f.

Animal boarding including day care.

g.

Veterinary facilities with boarding.

h.

Auto wrecking, junk yards, or salvage yards. Such uses shall be screened from view.

i.

Cemetery.

j.

Chemicals or any other product requiring precautions - processing, disposal, storage, or manufacture.

k.

Explosives, manufacturing, or storage.

l.

Commercial mineral extraction activities and sales, as restricted.

m.

Facilities for the manufacturing and storage of explosives.

n.

Foundries.

o.

Gas, oil, and other hydrocarbon well drilling and production (subject to state and local regulations).

p.

Grain feed elevators.

q.

Indoor gun ranges, public or private.

r.

Outdoor gun ranges, public or private.

s.

Petroleum refining or processing and storage.

t.

Signs not meeting the requirements of Article VII of this Chapter.

u.

Sanitary landfills/transfer stations.

v.

Solar energy systems - large.

w.

Solar energy systems - small.

x.

Transmission or Radio towers over forty (40) feet in height.

y.

Wireless communication facility - towers.

z.

Other uses as determined similar and compatible with the zoning district.

aa.

Uses not listed as either uses by right or conditional uses that are similar to and compatible with other uses in the Heavy Industrial District.

(c)

Dimensional Requirements.

(1)

Minimum Lot Area: Must meet all other standards.

(2)

Maximum Lot Coverage: 85%.

(3)

Maximum Gross Density: Not applicable.

(4)

Minimum Lot Width: Sixty (60) feet.

(5)

Minimum Front Setback: Thirty (30) feet, unless adjacent to major arterial then fifty (50) feet.

(6)

Minimum Side Street Setback: Thirty (30) feet, unless adjacent to major arterial then fifty (50) feet.

(7)

Minimum Side Setback: Zero (0) feet unless adjacent to a residential use. When adjacent to a residential use or zoning district, the required side or rear yards shall be twice the height of the building on the lot, or twenty-five (25) feet, whichever is greater.

(8)

Minimum Distance Between Buildings: Per building code.

(9)

Maximum Building Height: Not applicable.

(d)

Development Standards.

(1)

Land in any particular industrial district may be used in ways and purposes that are clearly incidental to the principal uses authorized in the district. Accessory buildings and structures in industrial districts shall include:

a.

Parking spaces and structures for the use of employees and customers and for the loading and parking of delivery vehicles.

b.

Accessory buildings for the storage of supplies and materials used by employees.

c.

Accessory buildings for the housing of guards, night watchmen or maintenance personnel.

(a)

Intent. The Planned Development or Planned Unit Development District (PUD) is intended to permit and encourage the development of a unique and truly innovative project, constructed within a reasonable period of time in relation to the project's size and scope, and which benefits the Town economically. The PUD District is intended to:

(1)

Allow and encourage compatible uses to be developed in accordance with an overall development plan in harmony with the environment and surrounding neighborhood;

(2)

Permit a developer to propose a total development plan which can be considered as to its overall merits under a unified development plan;

(3)

Allow for innovations in residential, commercial, and industrial development and renewal so that the growing demands of the population may be met by greater variety of types, design and layout of buildings and the conservation and more efficient use of open space ancillary to said buildings;

(4)

Encourage a diversity of housing types while maintaining high quality living environments;

(5)

Provide a mix of retail, office, employment, civic, and recreation uses conveniently located to housing;

(6)

Lessen the burden of traffic on streets and highways by encouraging land uses which decrease trip length;

(7)

Provide flexibility in land use regulations by allowing for the consolidation of the platting and rezoning procedures;

(8)

Facilitate use of the most appropriate design and construction techniques in the development of land; and.

(9)

Encourage integrated community planning and development.

(b)

The Planned Unit Development (PUD) is established as a zone district to provide greater flexibility in land development and use by allowing an applicant to propose specific use entitlements and development standards based upon a comprehensive, integrated, plan rather than upon development constraints as applicable to standard zone districts. The PUD involves a particular land area, and is a master planned development therefore development standards, dimensional requirements and permitted uses may be negotiated that are different from those set forth in this Chapter, and such different standards, dimensional requirements and uses, as negotiated, shall be allowed as set forth in the Master Development Plan (MDP) and Final Development Plan (FDP) pursuant to the Planned Unit Development Act of 1972, appearing as Article 67 of Title 24, C.R.S., as amended. Jurisdiction.

(c)

Each Master Development Plan shall include a minimum of fifteen percent (15%) open space.

(d)

This Chapter shall apply to and govern all PUD applications submitted after the effective date hereof which relate to and include lands located within the legal boundaries of the Town. The provisions of this section may also be applied to PUD applications for lands which are located outside of the Town, but which are proposed to be annexed to the Town, as permitted by Section 31-12-115, C.R.S.

(e)

Coordination with Other Codes, Regulations, and Plans.

(1)

If the time limits, as spelled out in the development schedule expire and no time extensions for the Final Development Plan (hereinafter referred to as "FDP") are approved, then the Board of Trustees, in its sole discretion, may terminate the MDP and may record a resolution with the Weld County Clerk and Recorder evidencing such termination. Upon such termination, the MDP shall be deemed to have been expired and cease to exist as it relates to all lands within the development for which a final plat and FDP have not been approved (undeveloped lands). Despite such expiration, the zoning of undeveloped lands shall remain the same, and no further permits or approvals, including but not limited to FDP, final plat, or building permit approvals, shall be granted to the undeveloped lands unless and until the Town has approved a new or amended master development plan for the undeveloped lands or a portion thereof. The MDP shall continue to exist and apply to all parts of the development other than the undeveloped lands.

(2)

Land use and development within any PUD approved pursuant to these regulations shall be controlled by the provisions of the approved PUD MDP and FDP. Specific maps and documents detailing negotiated items and other matters related to these approved plans shall be recorded with the Weld County Clerk and Recorder and duplicate files of said plans and documents kept in the administrative offices of the Town Clerk.

(3)

Subdivision Regulations. The provisions of these regulations concerning PUD's are not intended to eliminate or replace the requirements applicable to the subdivision of land or airspace, as defined in state statutes and the codes and regulations of the Town. The uniqueness of each PUD may require that specifications for the width and surfacing of streets, public ways, public utility rights-of-way, curbs, and other standards may be subject to modifications from the specifications established in the Design Criteria and Construction Standards and subdivision regulations adopted by the Town, if the reasons for such exceptions are well documented. Modifications shall be approved by the Planning Commission and the Board of Trustees as a part of its review of the FDP and development agreement, and shall conform to acceptable engineering, architectural and planning principles, and practices. It is the intent of this chapter that any subdivision review under the subdivision regulations be carried out either:

a.

Subsequent to the approval of an MDP; or

b.

Simultaneously with the review of an FDP under this section; or

c.

Within the time frame specified in the development schedule included in the approved MDP and FDP.

(f)

Permitted Uses.

(1)

No PUD shall be approved by the Planning Commission or the Board of Trustees unless the PUD is found to be in substantial conformance with the adopted Comprehensive Plan.

(g)

PUD Restrictions and General Requirements. Properties utilizing the PUD District shall be subject to the following:

(1)

All PUD applications shall include a gross land area of not less than 10 acres.

(2)

The density and/or intensity of the proposed development shall be based on the capacity of the land to support the PUD as well as the impact of the development on Town services and facilities, and on neighboring property that reasonably could be impacted by the development. Capacity of the land shall be determined based on the size, topography and geological and environmental limitations of the proposed development.

(3)

The area of land for the PUD may be controlled by one (1) or more landowners and must be developed under unified control as outlined in the Master Development Plan.

(h)

Areas designated as private streets and/or common open space including land, an area of water or a combination of land and water within the site designated for a PUD shall be designed and intended primarily for the use or enjoyment of residents, occupants and owners of the PUD and provisions shall be made for the establishment of an organization for the ownership and maintenance of such private streets and/or common open space areas unless other adequate arrangements for the ownership and maintenance thereof are provided in a manner acceptable to the Town.

(i)

All requirements set forth in this Code otherwise applicable to the area of land proposed for a PUD shall govern, except to the extent that the Master Development Plan for residential, commercial, educational, recreational or industrial uses or any combination thereof may propose exceptions in lot size, bulk, type of use, density, lot coverage, open space or other standards within the existing land use regulations, except those development standards that are not open to modification (see Section 16-4-520 of this Code).

(j)

Dimensional Requirements. As determined in the approved PUD.

(a)

Intent and Purpose. The Hillside/Ridgeline Protection Overlay District (HSP) is intended to be an overlay zone district to allow low-intensity residential development that address concerns for public health and safety and conserves natural features.

(b)

Uses Permitted. Buildings, structures, and land shall be used, and buildings and structures shall hereafter be erected, designed, structurally altered or enlarged, within the HSP Overlay District as allowed in the underlying zone district, subject to compliance with the design criteria and standards contained in this Section. Appropriate uses include:

(1)

Residential dwelling units

(2)

Low intensity agricultural uses.

(3)

Passive recreational uses are also appropriate for this zone.

(c)

Environmental Conditions.

(1)

Existing Natural Characteristics. The area included in the hillside/ ridgeline protection zone encompasses a substantial amount of the Town's undeveloped hillsides and ridgelines that overlook the Thompson River valley. Not only does this land incorporate some of the most undisturbed physical environments in the Town, but it also supports many environmentally sensitive habitats. These include ridgelines and unique landforms such as rock outcroppings and bluffs. In addition, land within this zone contains physical conditions such as steep topography and geologically sensitive areas that increase the environmental concerns of this zoning district.

(2)

Environmental Constraints. These environmental constraints include potential danger from fire, slope failure and erosion, as well as the difficulty of emergency evacuation. Protection of the physical environment, public views and aesthetic qualities associated with undeveloped lands is of critical concern in this zone.

(d)

Design Criteria. The following design criteria have been established to help ensure that future development proposals take the proper steps to avoid adverse impacts on these unique resources. In addition, all development proposals shall be subject to the zoning standards and design review procedures of this Code and shall be strictly evaluated for conformance with the Comprehensive Plan and the Johnstown/ Milliken Parks, Trails, Recreation and Open Space Master Plan. The Town may also require detailed environmental studies to identify specific impacts and the necessary mitigation measures. All development proposals shall be subject to the following criteria:

(1)

All new development in this zone shall be sensitive to the hillside terrain and to the environmental constraints and shall provide for the conservation of existing natural open space lands, unique landforms, scenic hillsides, and sensitive biological habitats.

(2)

Building Site. Buildings and other improvements should be located on slopes of less than thirty (30%) percent, should be situated such that they do not adversely impact any mapped environmentally sensitive areas and should minimize impacts to ridgelines, geologic hazard areas, unique landforms, and areas of high biological value.

(3)

Mass and Scale. The height and scale of the buildings should respect the natural surroundings and unique visual resources by incorporating designs that minimize bulk and mass, follow natural topography, and minimize visual intrusion on the natural landscape. Structures shall be limited to one-story buildings.

(4)

Building Size. In addition to the mass and scale of the residence, the total square footage shall also be maintained at a size compatible with the open space characteristics of the hillsides. Residential designs should blend in with the surroundings, while minimizing their prominence to public view. As such, larger lots shall not necessarily enable the development of correspondingly larger homes.

(5)

Architectural Style. The architectural style, including materials and colors, should be compatible with the natural setting by encouraging designs that blend in with the surroundings. Natural materials, such as stone, and natural colors are required.

(6)

Grading. Development proposals should minimize grading of hillside areas by encouraging designs that follow the natural grade while maintaining a building mass and scale that is sensitive to topography.

(7)

Landscaping. The proposal should maintain native vegetation to the greatest extent possible and should include the provision of additional native vegetation to mitigate potential visual impacts and erosion concerns associated with the development proposal.

(8)

Ridgelines. No development shall be permitted which, in any way, alters an existing ridgeline, including topographic changes, visual obstruction or other direct impacts on the natural profile of the ridgeline. If, during the initial development review, it is determined that a project could impact other ridgelines not identified in the general plan, the appropriate mitigation measures shall be required to protect the physical and aesthetic character of the ridgeline. Such measures may include, but are not limited to, a restriction on ridgeline development and specific design modifications as may be required. It is the responsibility of the applicant to demonstrate with a view analysis that the development will not adversely impact the ridgeline and will fit into the site's context and surroundings.

(9)

Setbacks for Ridgeline Development. Notwithstanding the dimensional standards for individual zoning districts, all structures shall be set back a minimum distance of two hundred (200) feet from the edge of a ridgeline.