(a)

Words or phrases contained in this Chapter are those having a specific meaning in this Land Use Code.

(b)

Words not listed in this Article are defined by a published standardized dictionary.

(c)

Interpretation and Rules of Construction are outline in Section 16-1-50 "Interpretation and Rules of Construction."

100-Year Flood is the flood level having a one percent chance of occurring in a year.

Access means the place, means or way by which vehicles and persons shall have safe, adequate, and usable ingress and egress to a property, a use, or a parking space.

Accessible means approachable, enterable, and usable by persons with disabilities.

Accessory building or structure means a building or structure that has less square footage than the principal building and is subordinate to the principal, and located on the same lot or parcel serving a purpose that is customarily incidental to the principal use.

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

Accessory Dwelling Unit. A second, subordinate dwelling unit located on the same lot as a primary dwelling unit or commercial unit. The unit includes its own independent living facilities with provisions for sleeping, cooking, and sanitation, and is designed for residential occupancy independent of the primary dwelling unit or commercial unit. The unit may have a separate entrance or an entrance to an internal common area accessible to the outside.

Adjacent means meeting or touching at some point, or separated from a lot or parcel by one (1) of the following: a street, alley or other right-of-way, lake, stream or open space.

Administration session means a session conducted at a natural healing center pursuant to Colorado Natural Medicine Code, during which a natural medicine participant consumes and experiences the effects of natural medicine under the supervision of a natural medicine facilitator.

Adjacent property owneris an owner of record of any estate, right or interest in real property abutting the subject property.

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

Adult arcade means any place to which the public is permitted or invited wherein coin-operated, slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Adult bookstore or adult video store means a place where books, magazines, motion pictures, prints, photographs, periodicals, video or audio recordings, novelties and devices, or any of these things, which have, as their primary or dominant theme, matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas, are sold or offered for sale to adults and includes a place with only a portion or section of its area set aside for the display or sale of such material to adults; except that any place, otherwise included within this definition, that derives not more than ten percent (10%) of its gross income from the sale of such material shall be exempt from the provisions of this Section so long as such material is kept in a location where it is not visible and shall not be a self-service item for the customers of such place.

Adult cabaret means a nightclub, bar, restaurant or similar business which regularly features:

1.

Persons who appear in a state of nudity;

2.

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

3.

Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult motel means a hotel, motel or similar business which offers private rooms to the public and provides patrons with live performances or closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult motion picture theater means a business where films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult photo studio means any establishment that, upon payment of a fee, provides photographic equipment and/or models for the purpose of photographing specified anatomical areas.

Adult theater means a theater, concert hall, auditorium or similar business which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Peep booth means a viewing room, other than a private room, of less than one hundred fifty (150) square feet of floor space upon the premises of a sexually oriented business where there are exhibited photographs, films, motion pictures, video cassettes or other video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.

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

Sexual encounter establishment means a business or commercial establishment which, as one (1) of its primary business purposes, offers for any form of consideration a place where two (2) or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas, when one (1) or more of the persons exposes any specified anatomical area.

Sexually oriented business means an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment or other similar business and includes:

1.

The opening or commencement of any sexually oriented business as a new business;

2.

The conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business;

3.

The addition of any sexually oriented business to any other existing sexually oriented business;

4.

The relocation of any sexually oriented business; or

5.

The continuation of a sexually oriented business in existence on the effective date of the initial ordinance codified herein.

Specified anatomical areas means:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point above the top of the areola.

2.

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

Specified sexual activities means acts, simulated acts, exhibitions, representation, depictions or descriptions of:

1.

Human genitals in a state of sexual stimulation or arousal.

2.

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

3.

Intrusion, however slight, of any object, any part of an animal's body, or any part of a person's body into the genital or anal openings of any person's body or into the body of an animal.

4.

Cunnilingus, fellatio, anilingus, masturbation, bestiality, lewd exhibition of genitals or excretory function.

5.

Flagellation, mutilation or torture for purposes of sexual arousal, gratification or abuse.

Stage means a raised floor or platform at least three (3) feet above the surrounding floor measured perpendicularly from the edge of the stage to the surrounding floor and at least thirty-six (36) square feet in area.

Affordable housing project means a development project in which: (1) at least seventy-five percent (75%) of the gross acreage to be developed under the plan is to be developed as residential dwelling units or mobile home park spaces; (2) at least ten percent (10%) of said dwelling units or spaces (the affordable housing units) are to be available for rent or purchase on the terms described in the definitions of affordable housing unit for rent or affordable housing unit for sale (as applicable); (3) the construction of the dwelling units or spaces is to occur as part of the initial phase of the project and (a) prior to the construction of the market rate units or (b) on a proportional basis, according to the same ratio as the number of affordable units bears to the number of the market rate units; and (4) the units will be required by binding legal instrument acceptable to the Town of Milliken and duly recorded with the Weld County Clerk and Recorder, to be occupied by and affordable to low-income households for at least twenty (20) years.

Affordable housing unit for rent shall mean a dwelling unit which is available for rent on terms that would be affordable to households earning eighty percent (80%) or less of the median income of Town of Milliken residents, as adjusted for family size, and paying less than thirty percent (30%) of their gross income for housing, including rent and utilities. The unit must be occupied by and be affordable to such low-income households for a period of at least twenty (20) years or permanently.

Affordable housing unit for sale shall mean a dwelling unit which is available for purchase on terms that would be affordable to households earning eighty percent (80%) or less of the median income of Town of Milliken residents, as adjusted for family size and paying less than thirty-eight percent (38%) of their gross income for housing, including principal, interest, taxes, insurance, utilities and homeowners' association fees. The unit must be occupied by and affordable to such low-income households for a period of at least twenty (20) years or permanently.

Agriculture shall mean farming, including plowing, tillage, cropping, utilization of best management practices, seeding, cultivating or harvesting for the production of food and fiber products (except commercial logging and timber harvesting operations); the grazing or raising of livestock (except in feedlots); nurseries, tree farms, aquaculture; sod production; orchards; Christmas tree plantations; nurseries; and the cultivation of products.

Agricultural education and research means teaching or research about agriculture, food and natural resources in order improve the quality of food, farming, or the environment.

Alley means a minor or secondary way that is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.

Alternative tower structure means man-made trees, clock towers, bell steeples, light poles, buildings, and similar alternative design mounting structures that are compatible with the natural setting and surrounding structures, and camouflage or conceal the presence of antennas or towers so as to make them architecturally compatible with the surrounding area pursuant to Chapter 16 of this Code. This term also includes any antenna or antenna array attached to an alternative tower structure. A stand-alone pole in the right-of-way that accommodates small cell facilities is considered an alternative tower structure to the extent it meets the camouflage and concealment standards of this Chapter.

Animal boardingshall mean the operation of an establishment in which domesticated animals are housed, groomed, bred, boarded, trained, or sold.

Animal unit is a term and number to establish an equivalency for various species of livestock.

Antenna means any exterior apparatus used to transmit and/or receive radio, telephone, television, or electromagnetic waves such as, but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one (1) or more elements, multiple antenna configurations, or other similar devices and configurations.

Applicant means the owner of land, the owner's authorized representative or the optionee of the land, as well as mineral owners and lessees a person submitting an application for development, a permit or other required approval under this Code.

Application for development refers to those types of applications that require mineral estate notification pursuant to CRS 24-65.5-103.

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

Articulate or articulated means to delineate spaces so different functions are clear and architecture is meaningful.

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

Automotive repair means an establishment primarily engaged in the repair or maintenance of passenger and light truck-oriented motor vehicles, trailer and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune-ups and transmission work, car washing, detailing, polishing or the like, provided that it is conducted within a completely enclosed building. Such may include the sale of fuel, gasoline or petroleum products.

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

Banner means a temporary sign of flexible material (e.g. cloth, foam core, paper, vinyl, plastic, etc.) with only such material for a backing, which projects from, hangs from or is affixed to a building or structure.

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

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

1.

Equipment associated with wireless communications services such as private broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; and

2.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplied, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small-cell networks.

The definition of Base Station does not include any structure that, at the time the relevant application is filed with the Town under Chapter 16, does not support or house equipment described in paragraphs 1 and 2 above.

Beacon, revolving means a rotating source of light.

Bed and breakfast means an overnight lodging establishment that provides short-term lodging for a charge to the public, generally for periods of less than one (1) month, having an owner or manager residing on the site. Bikeway means a path designed for use by bicyclists, which may be used by pedestrians.

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

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

Block-face means one (1) side of a street between two (2) consecutive features intersecting that street (such as one (1) side of a Town block between two intersecting streets).

Board of Adjustment or BOA means a special review board operating under the authority of the Milliken Municipal Code for purposes of hearing and deciding appeals or variances.

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

Boarding and rooming house means a building or portion of which is used to accommodate, for compensation, five (5) or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building, under tenancies of at least one-week duration, and not including hotels, motels and lodges.

BOCC means the Weld County Board of County Commissioners.

Bollard means a short, thick post used to divert traffic from an area, road or object.

Brew pub or microbrewery means a restaurant or tap room that sells beverages (beer and other malt liquors) brewed on the premises.

Brewery means a building or establishment that creates ales, beers, meads, wines, spirits, and/or similar beverages on site or for wholesale production.

Building means any structure used or intended for sheltering or occupancy which includes a roof supported by walls and/or columns and is partially or fully enclosed by walls including one or more openings such as doors and walls.

Building code means and includes any law, ordinance or code which is in force in the Town and which pertains to the design and construction of buildings and other structures.

Building frontage means the building face on which the primary entry is located. There can be only one (1) building frontage per building.

Building height means the vertical distance from the highest point of the structure to the average of two points:

(1)

The highest finished grade adjoining the building, and

(2)

The lowest finished grade adjoining the building (excluding window wells and similar below grade features.

Building Official means the officer or other designated authority charged with the administration and enforcement of the adopted building code, or a duly authorized representative.

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

Camouflage, concealment, or camouflage design techniques means a wireless communication facility (WCF) is camouflaged or utilizes camouflage design techniques when any measures are used in the design and siting of a WCF with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A WCF site utilizes camouflage design techniques when it (i) is integrated as an architectural feature of an existing structure such as a cupola, or (ii) is integrated in an outdoor fixture such as a flagpole, or (iii) uses a design which mimics and is consistent with the nearby natural or architectural features (such as an artificial tree) or is incorporated into (including without limitation, being attached to the exterior of such facilities and painted to match it) or replaces existing permitted facilities (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not readily apparent.

Campground means a parcel of land used or intended to be used, let, or rented for overnight or short-term occupancy by campers, trailers, tents, or recreational vehicles.

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

Carport means a covered structure used to offer limited protection to vehicles, primarily cars, and other personal items from the elements. The structure can either be free standing or attached to a wall, and it is open on two or more sides.

Cash-in-lieu (also known as fee-in-lieu) means that the applicant, at the determination of the Board of Trustees, may pay the Town of Milliken money instead of land dedication in those cases where the dedication of land is not the Town's preferred alternative. CDOT means the Colorado Department of Transportation.

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

Childcare center means a facility that is not a residence, is licensed by the State, and is maintained for the whole or part of a day for the care of children under the age of sixteen (16) years not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes pursuant to Section 26-6-102(1)(6), C.R.S.; including without limitation facilities commonly known as day care centers, day nurseries, nursery schools, kindergartens, preschools, play groups, day camps, summer camps and centers for developmentally disabled children, except that the term shall not apply to any kindergarten maintained in connection with a public, private or parochial elementary school system.

Civic facility means a facility which is primarily intended to serve the recreational, educational, cultural, administrative or tourism and entertainment needs of the community as a whole, such as museums, libraries, senior centers, and similar establishments serving a public or quasi-public purpose, but excluding public and private schools. Clubs and lodges mean a membership organization catering exclusively to members and their guests, whose facilities are limited to use by the membership except on occasion, and whose activities are not conducted principally for monetary gain.

Collocation means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Code means the Milliken Municipal Code, as may be amended from time to time.

Colorado Natural Medicine Code means all of Title 44, Article 50, in the Colorado Revised Statutes.

Colorado Revised Statutes, or C.R.S., means the codified laws of the State of Colorado, as the same may be amended from time to time.

Commercial means an activity involving the sale of goods or services carried out for profit. Commercial garage means an indoor area for repairing and servicing motor vehicles for profit.

Commercial mineral deposit means an area in which minerals are located in sufficient concentrations in veins, deposits, bodies, beds, seams, fields, pools or otherwise as to be capable of economic recovery; the term includes but is not limited to any area in which there has been significant mining activity in the past, there is significant mining activity in the present, mining development is planned or in progress, or mineral rights are held by mineral patent or valid mining claim with the intention of mining; the phrase also includes a commercial mineral deposit as defined in Section 34-1-302, C.R.S.

Common area means any portion of a development that is designed for the common usage of the owners and residents within a development. These areas may include plazas, private parks and open spaces, and in some cases parking lots and pedestrian walkways. Maintenance of such areas is the responsibility of a private entity, and is normally set forth in the form of private restrictive covenants, which guarantee the private maintenance of these areas.

Common open space means a parcel of land, an area of water, or a combination of land and water not covered by buildings, parking areas, driveways or other impervious surfaces. Open space shall be devoted to the purpose of outdoor living spaces for the residents and may include lawn areas, walkways, sitting areas, courtyards and the like.

Community Development Director means the director of the Community Development Department in the Town of Milliken or his/her designee.

Compatibility means the characteristics of different uses, activities or design which allow them to be located near or adjacent to each other in harmony.

Comprehensive Plan means the Town of Milliken Comprehensive Plan.

Concept plan means an accurate graphic representation drawn to scale of the proposed development of a particular site which indicates in a conceptual form the proposed and surrounding land uses. The plan may include, but not be limited to, the intended lot lines, general uses, likely ranges of square footages of the proposed uses and the general location of building and parking areas, points of access, primary internal circulation, existing contour lines, existing easements and required dedication areas for public facilities. The concept plan shall contain the information required in the concept plan application provided by the Department.

Conditional use means a use that is generally compatible with the other uses permitted in a zone district, but which requires site-specific review of its location, design, configuration, density, intensity and operating characteristics, and may require the imposition of appropriate conditions in order to ensure compatibility of the use at a particular location, to mitigate its potentially adverse impacts and to ensure that it complies with all of the standards of this Chapter.

Condominium unit means a physical portion of a common interest community which is designated for separate ownership or occupancy and the boundaries of which are described or determined in the declaration.

Congregate care means assisted living with support services for more than eight (8) individuals.

Congregate living facilities means a building or part thereof that contains sleeping units where residents on a temporary basis share bathroom and/or kitchen facilities such as a fire station or health care facility.

Connecting walkway means:

a.

Any street sidewalk; or

b.

Any walkway that directly connects a building entrance to the street sidewalk, and connects other origins and destinations for pedestrians, including but not limited to commercial establishments, schools, parks, dwellings, work places and transit stops, without requiring pedestrians to walk across parking lots or driveways, around buildings or following parking lot outlines which are not aligned to a logical route.

Conservation easement means a right of the owner of the easement to prohibit certain acts with respect to the property in order to maintain the property in a manner that will preserve its value for recreation, education, habitat, open space or historical importance. See also Section 38-30.5-102, C.R.S. Container (also known as cargo or shipping container) means a truck trailer body that can be detached from the chassis for loading into a vessel, a rail car or stacked in a container depot. Containers may be ventilated, insulated, refrigerated, flat rack, vehicle rack, open top, bulk liquid or equipped with interior devices. A standard container may be twenty (20) feet, forty (40) feet, forty-five (45) feet, forty-eight (48) feet or fifty-three (53) feet in length, eight (8) feet or eight (8) feet six (6) inches in width, and eight (8) feet six (6) inches or nine (9) feet six (6) inches in height.

Courtyard means an open, unoccupied space on the same lot with a building and bounded on three (3) or more sides by such building.

Covenants means a private written agreement outlining regulations specific to a development. Cul-de-sac means a local street with only one (1) outlet and having the other end for the reversal of traffic movement.

Curb cut means the length of an opening in the curb along a roadway that allows vehicular access to an abutting development site.

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

Density, gross means the average number of dwelling units or gross commercial building floor area per acre for the entire development area or site (property boundaries).

Density, net means the average number of accommodation and/or dwelling units or gross commercial building floor area per acre, except all land areas dedicated for public or private joint use for the entire development area such as streets, parking, drives, recreation facilities, and open space. Net density for lots within a development is calculated to the midpoint of adjacent public and private streets and/or contiguous open spaces that provide a boundary to the lots.

Design standards mean written statements, explanatory material, graphic renderings, and/or photographs which are requirements regarding the visual character of buildings and development.

Detached means not attached and having no wall in common and separated by three feet (3') or more; structures that are connected by a covered, unenclosed breezeway shall be considered detached if the breezeway is at least three feet (3') in length, less than twelve feet (12') in height and less than six feet (6') in width.

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

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

Development means any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into two (2) or more parcels. When appropriate in context, development shall also mean the act of developing or the result of development. Development shall also include:

a.

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

b.

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

c.

Any change in use of land or a structure;

d.

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

e.

Reserved.

f.

The demolition of a structure;

g.

The clearing of land as an adjunct of construction;

h.

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

i.

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

j.

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

Development shall not include:

a.

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

b.

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

c.

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

d.

The use of any land for agriculture as defined in this Section.

e.

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

f.

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

Downtown means the original business district of the Town of Milliken, defined as that area located approximately between Alice Avenue and Kathleen Avenue, approximately a block on either side of Colorado Highway 60.

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

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

Dwelling means a building used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, Town home dwellings and multi-family dwellings.

Dwelling, duplex or two-family means a residential building containing two (2) dwellings each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings.

Dwelling, multi-family means a dwelling containing three (3) or more dwelling units, not including hotels, motels, lodges, fraternity houses and sorority houses and similar group accommodations, with or without accessory use facilities limited to an office for the building manager, laundry area and recreation facilities.

Dwelling, single-family means a building designed exclusively for occupancy by one (1) family, but not including mobile home, otherwise provided herein.

Dwelling, single-family attached means a residential building containing dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. The term is intended primarily for such dwelling types as townhouses.

Dwelling, townhouse means an attached single-family dwelling in a building that contains two (2) or more dwellings, each of which is individually owned.

Dwelling unit (DU)means one (1) or more rooms complete with independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, served by no more than one (1) gas meter and one (1) electric meter. Dwellings may exist in many configurations, including but not limited to single-family detached, duplex, townhomes, multi-unit dwellings, often in a stacked configuration, and group homes. Dwellings do not include hotels, motels, inns, or long-term occupancy lodging.

Easement means a right to land generally established in a real estate deed or on a recorded plat to permit the use of land by the public, a corporation, a utility, or particular persons for specified uses other than the legal fee owner(s) of the property. Unless otherwise specified on the plat, a platted easement shall be permitted for use under, on or above said platted property.

Eating and drinking establishment means a permanent building containing a restaurant, bar tavern or brewery which serves food and/or beverages, prepared, or consumed on the premises, within a building or on an outdoor patio, served to the customer at tables or counters.

Election season means forty-five (45) days before and seven (7) days after any regular or special Town election, county election or any state or federal primary or general election.

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

Eligible facilities request means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station involving: (i) collocation of new transmission equipment, (ii) removal of transmission equipment, or (iii) replacement of transmission equipment.

Eligible support structure means any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the Town under this Section.

Entertainment facilities and theaters means a building or part of a building devoted to showing motion pictures or dramatic, musical, or live performances, including convention facilities and other such private or public facilities and structures.

Environmentally sensitive areas mean aquifer recharge areas, significant wildlife habitat and migration corridors, unique vegetation and critical plant communities and ridgelines.

Existing tower or base station means a constructed tower or base station that was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable law as of the time it was built, for example, a tower that exists as a legal, non-conforming use and was lawfully constructed is existing for purposes of this definition.

Exotic animal means an animal not found for sale in the majority of pet stores; and may include wild, dangerous, endangered and other nondomestic animals.

FAA means the Federal Aviation Administration.

Factory built home means a home that:

1.

Is constructed to HUD, Uniform/International Residential Code, the International Energy Conservation Code and the National Electric Code;

2.

Is partially or entirely manufactured in a factory;

3.

Does not have self-contained motive power;

4.

Is transported to the site and installed on-site; and

5.

Is not licensed as a recreational vehicle.

Family means a group of persons all living together as a single housekeeping unit. The number of persons occupying each dwelling unit shall not exceed the maximum permitted by the applicable adopted building code or safety code applicable to the dwelling unit.

Farming means the cultivation of land, ranching, and the raising of livestock, or the raising of livestock only.

FCC means the Federal Communications Commission.

Feather banner (also known as quill banner, feather flag, quill flag, or other similar names) is an attention attracting device consisting of a pole with fabric attached, generally in the shape of a feather or quill. The definition applies regardless of whether there is any symbol, text or logo printed on the fabric.

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

FEMA means Federal Emergency Management Agency.

Fence or wall means a structure made of wood, brick, stone, stucco, concrete, wrought iron, chain-link, plastic, composite, vinyl, or other similar material that provides screening or encloses an area, most often a front, side or back yard. Walls include both freestanding walls and retaining walls.

Fence, decorative or ornamental means any open fence other than those comprising barbed wise or chain link, used to frame, accent or decorate landscaping or an architectural feature.

FHA means Federal Housing Administration.

Final Development Plan (FDP) means the required plan that follows the approval of a Master Development Plan (MDP) and includes specific design components, structure locations, footprints dimensions, designated open space, number of dwelling units, non-residential square footage and documentation regarding the utility service including water and sewer demand.

Financial services mean banks, savings and loans, finance companies, credit unions and similar establishments.

Finished grade means the final elevation and contour of the ground after cutting or filling and conforming to the proposed grading of a site plan or landscaping plan.

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

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

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than six (6) inches. Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation.

Floor area means the amount of square feet of horizontal habitable or commercially usable floor space within the exterior walls of a building.

1.

Gross floor area means the total amount of horizontal habitable and usable floor area (includes enclosed public spaces) within the exterior wall faces in a building. Excludes interior parking and drive areas, crawl spaces, and attics and uninhabitable heating and cooling equipment areas.

2.

Gross leasable area means in commercial buildings, the total amount of horizontal floor area that is tenant occupied, used or leased for exclusive use or individually owned exclusive of enclosed mall/pedestrian areas, parking, and uninhabitable joint service and equipment areas that are used to operate the building (within the building). Includes basements, mezzanines, upper floors, and lofts and is expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.

Floor area ratio (FAR) means the ratio of the gross floor area to the gross lot area permitted on a zone lot or parcel (both the numerator and denominator are usually expressed in square feet).

Flow lines, when used with reference to streets, mean the curb lines, or if no curbs have been installed, the natural water-flow lines at the outside edge of the traveled portion of the street.

Footprint means the outline of the total square footage area covered by a building or structure with a roof at ground level.

Freestanding sign means a sign which is not attached to any building and which is supported by a structure extending from the ground, or from an object on or in the ground.

FT. or ft. means feet.

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

Garage means an accessory building, or an accessory portion of a main building designed or used for the shelter or storage of motor vehicles owned or operated by the occupant of the main building.

Garage, private means an accessory building or a part of a main residential dwelling that is subordinate in size to the primary structure, located on the same lot, and is used for the storage only of private, passenger motor vehicles owned by the occupants of the principal building.

Garage sale means an accessory use involving the sale or offering for sale articles of tangible personal property by the owner, lessee or other occupant of a dwelling unit. The term garage sale shall include patio sale, yard sale, or any similar sale.

Gas station means any premises where gasoline and other petroleum products and/or convenience items are sold and/or light maintenance activities such as engine tune-ups, emissions testing, lubrication, minor repairs, and carburetor cleaning are conducted. Gas stations shall not include premises where heavy motor vehicle maintenance activities such as engine overhauls, motor vehicle painting and body fender work are conducted.

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

Government sign is any sign constructed, erected, placed or maintained by state, federal or local government, for any purpose, including, without limitation traffic direction and designation of or direction to any school, hospital, historical site or public service or facility, or a sign that is required to be constructed, placed or maintained by the federal, state or local government.

Grade means:

a.

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

b.

The degree of rise or descent of a sloping surface.

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

Grade, median means the mathematical mean between the grade, defined above, and the highest point of elevation of the finished surface of the ground, pavement or sidewalk within the area between the building and a line five (5) feet from the building.

Grade, natural means the elevation of the ground surface in its natural state, before manmade alterations.

Grading means any excavating or filling or combination thereof.

Grass-crete means incorporates a mixture of concrete and natural soil in a patterned layout. The mixture is generally about 47 percent concrete and 53 percent holes for the grass

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

Ground or monument sign means a type of freestanding sign in which the entire bottom of the sign or the bottom of the sign support structure is in contact with or is close to the ground and is independent of any other structure.

Group home means any structure that provides noninstitutional housing for not more than eight (8) service-dependent or developmentally disabled individuals living as a single housekeeping unit with professional staff who function as surrogate parents and are not considered a family. Certain forms of group housing are specifically regulated by the federal or state government, as defined in Section 31-23-303, C.R.S., including:

a.

Group home for handicapped.

b.

Group home for developmentally disabled.

c.

Group home for mentally ill.

d.

Group home for the elderly

Historic district means an area related by historical events or themes by visual continuity or character, or by some other special feature that helps give it a unique historical identity. Such area may be designated a historic district by the local, state or federal government and given official status and protection.

Historic site means a structure or place of historical significance. Such structure or place may be designated a historic site by the local, state or federal government and given official status and protection.

Home occupation means a permitted accessory use entirely within a dwelling or a permitted accessory structure, and carried on by the occupants, which is clearly incidental and secondary to the primary use of the dwelling and does not change the basic residential character of the neighborhood and is subordinate to the residential use of the dwelling unit.

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

Hospital means an institution licensed by the state to provide primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including as integral parts of the institution, related facilities such as laboratories, outpatient facilities, or training facilities with facilities for lodging patients overnight.

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

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

Identification sign means a sign on a specific property identifying the specific lot or parcel. An identification sign must include the property address.

IGA means an intergovernmental agreement.

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

IN. or in. means inch.

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

Industrial, light including light manufacturing and assembly means uses engaged in the manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales or distribution of such products. Further, light industrial means uses such as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories or the like.

Industrial, medium means a variety of uses, including warehousing and distributing, indoor and outdoor storage and a wide range of commercial and industrial operations, establishments for food and beverage processing, for the sale and repair of farm machinery and diesel trucks and buses, lumberyards and builders supply facilities (with outdoor storage), machine shops, mini-storage facilities, outside storage facilities, railroad yards and stations, recycling facilities, transportation headquarters with incidental repair and servicing facilities, and utility service facilities with buildings and/or storage structures.

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

Intersection Sight Distance (ISD) or Sight distance triangle means the area at the four (4) corners of an intersection that is to be kept free of shrubs, ground covers, berms, fences, structures or other materials or items greater than thirty (30) inches in height. Trees shall not be planted in the triangular area. The size of the sight distance triangles is determined as follows:

a.

At the intersection of any two (2) streets or where a street intersects with an alley, a triangle measuring thirty (30) feet along each curb or edge of roadway from their point of intersection, the third side being a diagonal line connecting the first two (2) sides.

b.

At the intersection of a driveway or private access and a street, a triangle measuring fifteen (15) feet in length along the edge of the driveway and along the curb or edge of roadway from their point of intersection, the third side being a diagonal line connecting the first two (2) sides.

c.

The site distance triangle for signs is forty-two feet-see section Sec. 16-3-650. - Standards for specific sign structures.

Internal street or internal street system means the system of public or private streets located internal to a development site, and which may connect at one or both ends to a perimeter public street. The internal street system is intended to provide vehicle, pedestrian, and bicycle access and circulation to all uses within a development site.

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

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

Inoperable vehicle means any vehicle that: (1) would be required to be licensed if operated on a public highway, but does not display current, valid license plates; (2) does not work, move or run; (3) is not functioning; (4) is not operable for the function for which it was designed; or (5) does not comply with the minimum safety requirements of the Colorado Motor Vehicle Law.

ISDS means individual sewage disposal system.

Junk means any old, used or secondhand materials of any kind including, without limitation, cloth, rags, clothing, paper, rubbish, bottles, rubber, iron, tires, brass, copper or other metal, furniture, refrigerators, freezers, all other appliances, the parts of vehicles, apparatuses and contrivances and parts thereof which are no longer in use, any used building materials, boards or other lumber, cement blocks, bricks or other secondhand building materials or any discarded machinery, inoperable vehicles, or any other article or thing commonly known and classified as junk.

Junk yard means a place where junk is bought, sold, exchanged, shredded, baled, packed, assembled, stored, or handled, including automobile wrecking yards.

Kennel means any building, structure or open space devoted in its entirety or in substantial part to the raising, boarding, or harboring of adult dogs that are kept primarily for sale or commercial endeavor.

Kitchen. Kitchen means a room or portion of a room devoted to the preparation or cooking of food for a person or a single household unit living independently, which contains a sink; a stove, cooktop or built in grill; and a refrigerator.

Landowner means any owner of a legal or equitable interest in real property, and includes the heirs, successors, and assigns of such ownership interests, and also each and every person who has the right to occupy all or a portion of a lot or all or a portion of a structure on a lot, under a lease or a tenancy. The word landowner is used in this Chapter synonymously with owner and property owner.

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

Land use activity means any activity that modifies the existing land and requires review under this Code.

Land use application means an application for development, a permit, or other required approval under this Code.

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

Large solar energy system means a device or facility that converts the sun's radiant energy into thermal, chemical, mechanical, or electric energy and has a combined name plate DC rating of greater than five hundred (500) kilowatts, and includes the equivalent kilowatt measurement of energy for systems other than photovoltaic.

Legal description means an accurate, complete written account of a specific tract of land or other real estate, including its size, configuration, and location.

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

Live/work means a single unit that combines personal living space and commercial workspace.

Livestock means domestic animals kept or raised for use, pleasure and/or profit.

Livestock processing facility means feedlots, stockyards, slaughterhouses, rendering plants, packing plants and tanneries.

Long-term care facility including nursing homes means any place or institution which operates and maintains facilities providing full-time or part-time convalescent and/or chronic care, for a period exceeding twenty-four (24) hours for two (2) or more ill or infirm patients not related to the nursing home administrator or owner by blood or marriage. Convalescent and chronic care may include, but need not be limited to, the procedures commonly employed in palliative services, nursing and caring for the sick. Long- term care facility may include continuing care retirement facilities and hospice care facilities.

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

Lot, adjoining means a lot separated from the lot under consideration by a rear lot line, side lot line or street.

Lot, corner means a lot located at the intersection of two (2) or more intersecting streets with frontage on both streets.

Lot, double frontage or through lot means a lot having frontage on two (2) generally parallel streets.

Lot, flag means a lot where the front lot line abuts one or more rear or side lot lines of adjacent lots. Primary access is by a private or privately shared drive leading to a public or private street.

Lot, Interior means a lot having frontage along only one street.

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

Lot area means the total area within the lot lines of a lot.

Lot coverage means the total square footage of all buildings and structures on the lot. Flat surfaces, such as sidewalks, driveways and uncovered patios are not included when calculating lot coverage.

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

Lot frontage: means the length of a property line of a lot which abuts a public or private right of way.

Lot line means the property lines dividing one (1) lot from another lot, parcel, tract, or from a street or any public place, as further defined below.

Lot line, front means any property line separating a lot from any public street or private street, but not including alleys. In the case of corner lots, the primary front lot line is that property line most parallel to the street from which access is gained; the secondary front lot line is the other lot line with street frontage. In the case of a double frontage lot, there is one front lot line that is the property line most parallel to the street from which access is gained. For a flag lot, the front lot line is that property line not including the flag stem most parallel to the street from which access is gained.

Lot line, rear means the lot line which is opposite and most distant from the front lot line. In the case of a corner lot, the owner shall select any lot line, other than one of the front lot lines, to be the rear lot line. In the case of a double frontage lot, the rear lot line shall be most opposite the front lot line along the street frontage from which access is not gained. The rear lot line of any irregularly shaped lot or triangular lot shall be a line within the lot which is ten feet (10') long and most parallel to and distant from the front lot line. For a triangular lot which is also a corner lot, there shall be no rear lot line.

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

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

Major street means an actual or proposed street with a right of way width greater than sixty feet (60') which provides for the rapid and relatively unimpeded movement of vehicular traffic between major land use and activity centers in the Town, while accommodating public transit and pedestrian movements on the Town's arterial streets.

Manufactured home means a structure which is designed primarily for long-term occupancy as a residence, is partially or wholly manufactured in a factory or at a location other than the site of the completed home, contains sleeping areas, a flush toilet, a tub or shower bath and kitchen facilities, has plumbing and electrical connections provided for attachment to outside systems, is transportable in one (1) or more sections, can be installed on a permanent foundation, and meets all established snow loads. Manufactured home does not include park trailers, camper trailers, travel trailers or other similar vehicles.

1.

Type I is a manufactured home which is transportable in two (2) or more sections, has brick, wood or cosmetically equivalent exterior siding and a pitched roof, is not less than twenty-four (24) feet wide at its narrowest dimension and not less than thirty-six (36) feet long, has a minimum floor area of one thousand (1,000) square feet, and is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §5401, et seq., as amended, and all regulations enacted pursuant thereto, or is certified by the State as being in compliance with the requirements of the Uniform Building Code as adopted by the State and enforced and administered by the Colorado Division of Housing.

2.

Type II is a single-section manufactured home which is designed to be transported on its own or detachable wheels or on a trailer, is eight (8) feet or more in width at its narrowest dimension and thirty-two (32) feet or more in length, and bears a label certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Except where the context requires a different interpretation, Type II manufactured home shall be deemed synonymous with mobile home.

Marijuana testing facility shall mean an entity licensed to analyze and certify the safety and potency of marijuana.

Master Development Plan (MDP) means the provisions for development of a planned unit development, as required herein, which may include, but need not be limited to, easements, covenants and restrictions relating to use, location and bulk of buildings and other structures, intensity of use or density of development, utilities, private and public streets, ways, roads, pedestrian areas and parking facilities, common open space and other public facilities.

Medical and dental offices and medical clinics means an establishment operated by one (1) or more duly licensed members of the human health care professions, including but not limited to physicians, dentists, chiropractors, psychiatrists, and osteopaths, where patients are not lodged overnight but are admitted for examination, diagnosis, therapy, surgery, or consultation, including referral, rendered by a licensed provider that is physically present during all hours of operation of the offices and clinic to furnish medical services. and/or treatment.

Medical marijuana center shall have the same meaning as set forth in Section 6-7-30 of Chapter 6 of this Code.

Medical marijuana-infused products manufacturer shall have the same meaning as set forth in Section 6-7-30 of Chapter 6 of this Code.

Medical marijuana optional premises cultivation operation shall have the same meaning as set forth in Section 6-7-30 of Chapter 6 of this Code.

Mini-storage facilities means a building or a group of buildings containing separate, individual self-storage units divided from the floor to ceiling by a wall with an independent entrance from the exterior of the building, designed to be rented or leased on a short-term basis to the general public for private storage or personal goods, materials and equipment. No rentable unit shall have a gross floor area greater than three hundred sixty (360) square feet, and all of which are intended for rental primarily for personal, family or household purposes.

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

Mixed use building means a building designed, planned and constructed as a unit, used partially for residential use and partly for commercial uses, including but not limited to office, retail, public uses, personal service or entertainment uses.

Mixed use dwelling unit means the dwelling unit in a mixed-use building.

Mobile home means a structure having the physical characteristics of a Type II manufactured home, but which was constructed before the effective date of the Federal Manufactured Home Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Except where the context requires a different interpretation, mobile home shall be deemed synonymous with Type II manufactured home.

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

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

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

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

Monument sign is a permanent, exterior freestanding sign that is not affixed to a building. This kind of sign either sits directly on the ground on a concrete foundation or is on a low base that makes the sign highly visible and easy to read from the street level.

Mural means a picture or graphic illustration painted or applied directly on a wall, ceiling, or other large permanent surface.

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

Natural medicine means the following substances:

1.

Psilocybin

2.

Psilocin

3.

Dimethyltryptamine, if recommended by the State Natural Medicine Advisory Board and approved by the Director and the Executive Director of the State Licensing Authority for inclusion on or after June 1, 2026.

4.

Ibogaine, if recommended by the State Natural Medicine Advisory Board and approved by the Director and the Executive Director of the State Licensing Authority.

5.

Mescaline, if recommended by the State Natural Medicine Advisory Board and approved by the Director and the Executive Director of the State Licensing Authority for inclusion on or after June 1, 2026. Mescaline does not include peyote, meaning all parts of the plant classified botanically as Lophophora Williamsii Lemarie, whether growing or not; its seed; any extract from any part of the plant, and every compound, salt, derivative, mixture, or preparation of the plant; or its seeds or extracts.

Natural medicine does not mean a synthetic or synthetic analog of the substances listed above, including a derivative of a naturally occurring compound of natural medicine that is produced using chemical synthesis, chemical modification or chemical conversion.

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

Natural medicine cultivation facility means the premises of an individual, who is issued a natural medicine cultivation facility license pursuant to state licensing authority rules, authorized to cultivate regulated natural medicine for the purpose of transfer and distribution to other licensed entities, such as natural medicine healing centers, natural medicine product manufacturers, other natural medicine cultivation facilities, or other licensed parties under state regulations.

Natural medicine facilitator means an individual who is twenty-one (21) years of age or older, has the necessary qualifications, training, experience, and knowledge to perform and supervise natural medicine services for a natural medicine participant; and is licensed to engage in the practice of facilitation by the director of the Division of Professions and Occupations in the Department of Regulatory Agencies, as provided by Colorado Natural Medicine Code.

Natural medicine healing center means a facility licensed by the state licensing authority pursuant to Colorado Natural Medicine Code that permits a natural medicine facilitator to provide and supervise natural medicine services for a natural medicine participant.

Natural medicine participant means a person who is twenty-one (21) years of age or older and who receives natural medicine services performed by and under the supervision of a natural medicine facilitator

Natural medicine product means a product infused with natural medicine that is intended for consumption.

Natural medicine products manufacturer means a licensed person who manufactures regulated natural medicine products and cultivates natural medicine, pursuant to the terms and conditions of Colorado Natural Medicine Code.

Natural medicine services means a preparation session, administration session, and integration session, as provided by Colorado Natural Medicine Code.

Natural medicine testing facility means a facility where an entity is licensed by the state licensing authority pursuant to Colorado Natural Medicine Code to conduct testing and research on regulated natural medicine and regulated natural medicine product, as provided by Colorado Natural Medicine Code.

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

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

Nonconforming lot is a lot of record that does not conform to the regulations of this Code, but that was lawfully created under the regulations in force at the time of its creation.

Nonconforming use means a use that does not conform to the use regulations of this Code, but that was lawfully established under the regulations in force at the time the use was established and has been in regular use since that time.

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

Off-premises sign means a sign that directs attention to a business, property, commodity, service, or entertainment conducted, sold or offered at a different location from the premises on which the sign is located.

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

Oil and gas operation means any structure, facility, or activity which is constructed on or disturbs land in association with oil or gas drilling, production or waste treatment and disposal, including but not necessarily limited to wells, tanks or tank batteries, pits, access roads for ingress and egress and pipelines.

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

On-premises sign means a sign that directs attention to a business, property, commodity, service, or entertainment conducted, sold or offered at premises on which the sign is located.

Open space means any land or water area with its surface open to the sky, which serves specific uses of: providing park and recreation opportunities, conserving natural areas, wildlife habitat, agricultural areas and environmental resources, structuring urban development form, and protecting areas of agricultural, archeological or historical significance. Open space shall not be considered synonymous with vacant or unused land.

Open space shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells and their appurtenances, or other hazards to the public.

Open space, common means an area permanently set aside for the common use and enjoyment of residents of a multifamily development.

Regional Open Space means Milliken's regional open space system that includes Town drainage ways, floodplains, natural areas, natural area buffer zones, wetlands, subsidence areas, agriculture preservation areas and lands of archeological or historic significance. Access is generally limited to trails, educational signs, and similar improvements.

Otard means an over-the-air receiving device.

Otard antenna means: (i) an antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one (1) meter or less in diameter; or (ii) an antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instruction television fixed services, and local multipoint distribution services, and that is one (1) meter or less in diameter or diagonal measurement; or (iii) an antenna that is designed to receive television broadcast signals.

Otard antenna structure means any pole, tower, or other structure designed and intended to support and OTARD antenna.

Outdoor storage means the keeping, in an unroofed area, of any equipment, goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours.

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

Owner means the person or entity that owns the property under consideration.

Pad site is a building or building site located in a retail center that is physically separate from the principal building located within the same center. Pad sites are reserved for freestanding, single commercial uses, and accommodate buildings that are smaller than the principal building. Typical pad site uses include buildings that contain retail sales, restaurants, banks, and automotive services.

Parcel means a lot, or a contiguous group of lots, in single ownership or under single contract and usually considered a unit for purposes of development.

Park means an area reserved for recreational, educational, or scenic purposes.

Park, community means a park that serves the residents of several neighborhoods. Park, district means a park that serves the residents of the entire Town as well as people who live outside of the community. These parks are located to take advantage of special natural settings. Milliken's district parks are illustrated on the Johnstown/Milliken Parks, Trails, Recreation and Open Space Master Plan.

Park, neighborhood means a park that is a place for recreation and social gatherings that is within walking distance of most residents. These parks can include multiple-use lawn areas, picnic areas, playground equipment, court game facilities and community gardens.

Park, pocket means a park that is a place within walking distance of residential units for supervised play for young children and unstructured activities for neighborhood residents. At a minimum, a pocket park shall include live ground cover, trees and irrigation plus one (1) of the following: playground equipment, contemplative garden or other active or passive recreation opportunities for the neighborhood, as approved by the Town.

Parking means the standing or placement of a vehicle on private or public right of way during the conduct of everyday affairs or business or normal daily activities, provided that such standing or placement occurs within a parking space that conforms to all requirements of the Town Code and is not for purposes of assembly, display, sale, repair, or other servicing commonly associated with a motor vehicle.

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

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

Parking, shared means off-street parking that is shared by one or more adjacent uses that do not have the same peak service times. Parking space, off street means an area on a lot and/or within a structure intended for the temporary parking of an automobile.

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

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

Place of worship means a building that is used for various services which can be used by one (1) or more of multiple religious or non-religious denominations.

Planned Unit Development means an area of land controlled by one or more landowners to be developed under unified control or a unified plan of development for a number of dwelling units, commercial, educational, recreational, or industrial uses, or any combination of the foregoing, the plan for which may not correspond to lot size, bulk or type of use, density, lot coverage, open space, or other restrictions of the conventional land use regulations of the Milliken Land Use Code.

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

Plat means a map of certain described land prepared in accordance with the requirements of this Code and Section 38-51-106, C.R.S., as an instrument for recording of real estate interests with the County Clerk and Recorder.

Plaza means an open area typically located in a commercial or industrial area to serve as a gathering place. Planning Commission means the Planning Commission of the Town of Milliken.

Plot plan means a plan, as defined in the adopted Building Code, required for a single-family home or two-family home.

Preapplication conference means a conference between the applicant for a land use approval or permit and the planning staff.

Prime farmland means land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides and labor and without intolerable soil erosion, as determined by the Secretary of Agriculture. Prime farmland includes land that possesses the above characteristics but is being used currently to produce livestock and timber. It does not include land already in or committed to urban development or water storage.

Principal use means the main or primary purpose for which a tract of land or of a structure is designed, arranged, or intended, or for which it may be occupied or maintained under this Code. All other structures or uses on the same lot which are allowed, incidental, or supplementary to the primary purpose shall be considered accessory use.

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

Professional Services mean shops primarily engaged in providing services generally involving the care of the person (examples include beauty, barber, tanning and nail salons, spas, massage therapists) or such person's apparel or rendering services to business establishments such as laundry or dry-cleaning retail outlets, portrait/photographic studios, shoe repair, employment services, financial advisors, real estate, professional consultants, and mailing and copy shops.

Professional Trade and Construction Contractors means general contractors, builders, and any trades person involved in different aspects of construction, including masonry, carpentry, carpeting, framing, plumbing and woodworking.

Projecting signs mean any signs supported by a building wall and projecting therefrom at least twelve (12) inches or more horizontally beyond the surface of the building to which the sign is attached.

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

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

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

PCF means pounds per cubic foot.

PSF means pounds per square foot.

PSI means pounds per square inch.

Public means (when used as modifying a structure, activity, or purpose) a structure, activity, or purpose owned or operated by a government agency or by a nonprofit corporation with tax-exempt status under the Federal Internal Revenue Code, if the nonprofit corporation makes the structure or facility available for the use of all the members of the public without regard to membership status.

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

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

Public hearing means a meeting called by a public body for which public notice has been given and which is held in a place at which the general public may attend to hear issues and to express their opinions.

Public improvement means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree lawn, landscaped open space, off-street parking area, lot improvement or other facility that benefits the public.

Public notice means the advertisement of an action to be taken by the Town which indicates the time, place, and nature of the hearing or action. This may include publication in a newspaper, mailings, meetings, and/or posting of a sign on the subject site.

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

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

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

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

Real estate sign means a temporary sign as provided in this Code on or near real property currently offered for sale, rent or lease.

Recreational facilities: The following classes of recreational facilities have these meanings:

a.

Private recreational facilities include golf courses, tennis courts, swimming pools, country clubs or recreational facilities for fraternal organizations, all of which are owned and operated by either nonprofit organizations with a limited membership or by private persons who own the facilities and are the only users of them;

b.

Public recreational facilities mean public parks, swimming pools, golf courses and other such facilities owned or operated by or under the direction of a government agency or a nonprofit corporation which falls within the definition of the word public.

Recreational vehicle means a vehicular-type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted or drawn by another vehicle. The following shall be considered a recreational vehicle (RV):

a.

Camping trailer. A canvas (or other type of material), folding vehicle of rigid construction, mounted on wheels and designed for travel and recreation.

b.

Motorized home, motor home and/or recreational bus or van. A recreational vehicle consisting of a portable, temporary dwelling to be used for travel, recreation and vacation uses, and constructed as an integral part of a self-propelled vehicle.

c.

Pickup coach. A vehicle designed to be mounted on or loaded into a truck chassis for use as a temporary dwelling for travel and recreation.

d.

Tent. Protective fabric erected to provide protection from the elements.

e.

Travel trailer. A towable vehicle designed as a temporary dwelling for travel and recreation.

f.

Travel trailer, self-contained. A trailer which can operate independently of connections to sewer, water and electric systems. It contains a water-flushed toilet, lavatory, shower or bath and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the trailer.

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

Recreational vehicle site means a plot of ground within a recreational vehicle park intended for the accommodation of a recreational vehicle, tent, or other individual camping unit on a temporary basis.

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

Redevelopment means the development of a site within an older/established contextual subarea of the Town, where the site was formerly developed and cleared, or that requires the clearance of some or all of existing structures and improvements prior to new construction.

Regulated natural medicine means natural medicine that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by Colorado Natural Medicine Code.

Regulated natural medicine product means natural medicine product that is cultivated, manufactured, tested, stored, distributed, transported, transferred, or dispensed pursuant to Colorado Natural Medicine Code.

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

Resubdivision or Replat means the further division or relocation of lot lines of any lot or lots within a subdivision or the alteration of any streets or the establishment of any new streets within any subdivision previously recorded with the County Clerk and Recorder.

Retail marijuana cultivation facility shall have the same meaning as set forth in Section 6-6-30 "Definitions" of Chapter 6 of this Code.

Retail marijuana product manufacturing facility shall have the same meaning as set forth in Section 6-6-30 "Definitions" of Chapter 6 of this Code.

Retail marijuana store shall have the same meaning as set forth in Section 6-6-30 "Definitions" of Chapter 6 of this Code.

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

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

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

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

Self-storage facilities means a commercial facility in which customers can rent space to store possessions.

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

Setback means the required unoccupied open space between the nearest along a wall of a structure and the property line of the lot on which the structure is located.

Setback, front means the distance between the front lot line and the front wall of the main structure.

Setback, rear means the distance between the rear lot line and the back wall of the main structure.

Setback, side means the distance between any wall and the lot line other than the front and rear setbacks.

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

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

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

Significant vegetation means vegetation that is indigenous (i.e., pine trees, mountain mahogany, scrub oak and native grasses) and that, through its location on the lot and/or size and maturity, will preserve the hillside character.

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

Site-built dwelling means a dwelling that is predominately constructed on-site and is not a factory-built home or manufactured home.

Site for towers (other than towers in the right-of-way and eligible support structures) means the current boundaries of the leased or owned property surrounding the tower or eligible support structure and any access or utility easements currently related to the site. A site, for other alternative tower structures, base stations and small cell facilities in the right-of-way, is further restricted to that area comprising the base of the structure and to other related accessory equipment already deployed on the ground.

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

Site specific development plan means a Final Subdivision Plat, a Final PUD Development Plan (FDP), a Site Plan, and any other approved Agreement when vesting is specifically requested and approved by the Board of Trustees, and pursuant to Article 68 of Title 24, C.R.S, as may be amended.

Slope means a number that describes both the direction and the steepness of a line. Slope is calculated by finding the ratio of the vertical change to the horizontal change between two distinct points on a line (e.g. "rise over run").

Small cell facility means a Wireless Communication Facility where each antenna is located inside an enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and primary equipment enclosures are no larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is note included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosure, back-up power systems, grounding equipment, power transfer switch and cut-off switch.

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

Solar energy system means a device or facility that converts the sun's radiant energy into thermal, chemical, mechanical, or electric energy to heat and/or cool indoor space or domestic water and/or provide electric power and light.

Solar energy system accessory means a device or facility that converts the sun's radiant energy into thermal, chemical, mechanical, or electrical energy and has a combined name plate DC rating of less than fifteen (15) kilowatts, and includes the equivalent kilowatt measurement of energy for systems.

Solar energy system, large means a solar energy system requiring a minimum ten (10) acre lot with twenty-five (25) maximum height limit.

Solar energy system, small means a solar energy system that has a combined name plate DC rating of fifteen (15) kilowatts to five hundred (500) kilowatts and includes the equivalent kilowatt measurement of energy for systems.

Special event means an event of limited duration or frequency that is different in character from the customary or usual activities generally conducted on the subject property.

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

State licensing authority means the authority created under Colorado Natural Medicine Code for the purpose of regulating and controlling the licensing of the cultivation, manufacturing, testing, storing, distribution, transportation, transfer, and dispensation of the regulated natural medicine and regulated natural medicine product, as provided by Colorado Revised Statute 44-50-201.

Storage means the placement of goods, materials, and/or personal property in a particular place or space for more than a twenty-four (24) hour period.

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

Street furniture means constructed objects, such as outdoor seating, kiosks, bus shelters, sculpture, tree grids, trash receptacles, fountains and telephone booths, that have the potential for enlivening and giving variety to streets, sidewalks, plazas and other outdoor spaces open to and used by the public.

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

Structure means any made-made matrix of load bearing or space enclosing members which requires location on the ground or attached to something having a location on the ground/

Structurally altered means any addition or elimination of load-bearing parts of a building, including columns, beams, walls, or girders.

Studio means the building or room where an artist works. A place where people go to learn, practice, or study an art or a dwelling unit with no bedrooms.

Subdivision means the process of dividing a parcel of raw land into smaller buildable sites, blocks, lots, streets, open space and public areas and the designation of the location of utilities and other improvements.

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

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

Tandem garage means a garage that allows for the parking of one (1) car in front of another.

Tandem parking means parking two (2) cars in a driveway or parking space so that one (1) car is right in front of the other and the front car cannot move until the back car is moved.

Telecommunications Act means the federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56, codified throughout Title 47 of the United States Code ('47 U.S.C.').

Temporary sign means a sign that is constructed of lightweight or flimsy material, and is easily installed and removed using ordinary hand tools. Any sign that qualifies as a "structure" under the building code is not within this definition.

Temporary use means a use or an activity that is temporary in nature with a specific function, location, specific dates and hours of operation, and termination date and does not involve the construction or alteration of any permanent structure.

Temporary use permit means an administratively approved permit authorizing a temporary use.

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

Townhouse (or Townhome) means a single-family dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached in a linear arrangement and having a totally exposed front and rear wall to be used for access, light, and ventilation. The units are separated from one another by a common party wall having no doors, windows, or other provisions for human passage or visibility and such units are located on their own fee simple lots meeting the various lot requirements specified in each zone district allowing townhome development.

Tower means any structure that is designed and constructed primarily built for the sole or primary purpose of supporting one (1) or more FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. The term includes self-supporting lattice towers, guy towers, monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and the like.

Town means the Town of Milliken located in Weld County, Colorado.

Town Administrator means the Town Administrator or his or her designee.

Traffic control device means a traffic control device authorized or required by law on private or public property, which must be erected and maintained to comply with the Manual on Uniform Traffic Control Devices adopted in this state and, if not adopted by this state, with the Manual on Uniform Traffic Control Devices adopted by the Federal Highway Administration.

Trails mean the trail system shall link neighborhoods, parks, schools, open spaces, employment centers, community facilities and neighboring communities and thus provide important transportation connections, as well as recreational opportunities and access.

Transitions means, generally, an array of tools and techniques designed to achieve compatibility between adjoining land uses that may differ by type and intensity, including, but not limited to, the following techniques:

(a)

Landscape Buffer and Screening Transitions: The use of landscaping, berms, fences, walls, or any combination of these, to buffer and screen a more intense land use from an adjacent, less intense land use.

(b)

Site and Building Transitions: Designing and adapting the form and mass of a building to take into consideration neighboring buildings and land uses.

(c)

Transition Uses: A land use that may be appropriate to site between different land uses when the transition use is relatively more compatible with lesser intensity adjoining uses.

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

Transparent means glass in wall openings such as windows, which allow views into and out of a building. Windows or glazed areas that incorporate glass that is translucent or opaque shall not be considered transparent.

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

Tree lawn means an area of the street right-of-way between the curb and the sidewalk, planted with landscaping.

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

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

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

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

USGS datum means United States Geological Survey basis of elevations.

Utilities mean the equipment, facilities, and distribution systems for water, sewer, storm drainage, gas, electric, television, cable, fiber optic, and wireless communications.

Utility facilities, major mean facilities such as water and wastewater treatment plants, water tower, electrical generation plant, wireless telecommunications or transmission facility or any similar use including holding ponds and other structures for flood control, water storage and/or retention for potable or non-potable use, and watershed protection.

Utility facilities, minor means facilities such pump stations, telephone exchanges, lift stations, electric substation, or any similar use.

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

Variance means a decision of the Board of Adjustment which grants a property owner relief from certain provisions of this code when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience.

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

Vehicle means a machine propelled by power other than human power designed to travel along the ground, in the air, or through water by use of wheels, treads, runners, slides, wings or hulls and to transport persons or property, to pull non-self-propelled vehicles or machinery, and includes, but is not limited to: automobile, airplane, boat, bus, truck, trailer, motorcycle, motor home, recreational vehicle, camper, truck tractor. For the purpose of this Section, the term vehicle includes implements of husbandry, mobile machinery, and self-propelled construction equipment.

Vendor means a person, machine, or company that provides a good or a service in exchange for money.

Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site-specific development plan.

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

View corridor means the line of sight identified as to height, width and distance of features (usually natural) of significance to the community (e.g., ridgeline, river, historic building, etc.); the route that directs the viewer's attention.

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

Walkway means:

a.

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

b.

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

Wall Plane means the plane of a building wall is a plane that extends from the ground to the top of each wall of a structure. The plane does not include roof area.

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

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

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

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

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

Workshop and custom small trade means a facility wherein goods are produced or repaired by hand, using hand tools or small-scale equipment, including small engine repair, furniture making and restoring, upholstering, restoration of antiques and other art objects, or other similar uses and where there is no exterior indication of equipment nor noise.

Yard means that portion of the open area on a lot extending open and unobstructed from the ground upward from a lot line for a depth or width specified by the regulations for the zone district in which the lot is located.

Yard, front means a yard extending across the full width of the lot between the front lot line and the nearest line or point of the building.

Yard, front setback means the distance a building or structure must be placed from the back of the front property line.

Yard, private means that portion of the open area on a lot extending open and unobstructed that is owned by the homeowner of a single-family detached Town home or two-family dwelling unit.

Yard, rear means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the building.

Yard, rear setback means the distance a building or structure must be placed from the back of the rear property line.

Yard, side means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the building.

Yard, side setback means the distance a building or structure must be placed from the back of the side property line.

Yard sale means an outdoor sale of used personal or household items held on the seller's premises.

Zone district means a zone district of the Town of Milliken as established in Article II "Zoning District and Uses" of this Chapter, unless the term is used in a context that clearly indicates that the term is meant to include both the zone districts of the Town of Milliken and the zone districts of an adjoining governmental jurisdiction.

(Ord. 817, § 1, 12-11-2024; Ord. 819 meeting, § 3, 12-23-2024)