A.

Every use shall be so operated that it does not emit any obnoxious or dangerous degree of heat, glare, radiation, fumes, smoke, odors, dust, noise or other objectionable influences beyond any boundary line of the site on which the use is located, in conformance with this title and Chapter 8.20 "Noise Control." For industrial uses, see Section 18.04.150.C.

B.

No manufacturing operation or industrial use shall create substantial amounts of offensive, vibration, smoke, dust, or other objectionable influences. See also Section 18.04.150 C.

C.

All applicable environmental standards of the state of Colorado or the United States government shall be complied with at all times.

D.

Property owners shall maintain all structures, including buildings, paved areas, accessory buildings and signs, in the manner required to protect the health and safety of users, occupants, and the general public. The property shall be deemed substandard when it displays evidence of a substantial number of dilapidated conditions.

E.

No materials or wastes shall be deposited upon a subject lot in such form or manner that they may be transferred off the lot by natural causes or forces.

1.

All waste materials shall be stored in an enclosed area and shall be accessible to service vehicles.

2.

Wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored only in closed containers in required enclosures.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A Bed and Breakfast Inn is subject to the following conditions:

1.

A Bed and Breakfast Inn shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof.

2.

A Bed and Breakfast Inn shall contain no more than five bedrooms for rent.

3.

An owner or manager responsible for the day-to-day operation of a Bed and Breakfast Inn must reside within the establishment or in a structure adjacent to and on the same property as the Bed and Breakfast Inn.

4.

All parking for guests and employees of the Bed and Breakfast Inn must be off-street type parking in a maintained parking area, in accordance with the parking standards in Chapter 5, Article 2 of this title.

5.

A Bed and Breakfast Inn shall screen trash removal receptacles from public view.

6.

A Bed and Breakfast Inn shall comply with all regulations and ordinances of the Town, and all laws and regulations of the State. If complaints are lodged against the Bed and Breakfast Inn for noise or other impacts to the neighborhood, the Town reserves the right to review such complaints and to take whatever action is deemed necessary, including, but not limited to, the revocation of the business license of the Bed and Breakfast Inn, in order to eliminate the impact to the neighborhood.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Number of Persons Permitted. A group home with no more than eight handicapped or disabled residents, as defined in Section 18.07.110, is a permitted use in the zone districts as indicated in Section 18.03.460. Additional necessary persons required for the care and supervision of the permitted number of handicapped or disabled persons are allowed. Group homes with more than eight handicapped or disabled residents shall be reviewed as a conditional use and processed as an application for a reasonable accommodation under the requirements and standards of the Fair Housing Amendments Act (FHAA), specifically, 42 U.S.C. 3604(f)(3)(B). A group home shall not include any person required to register as a sex offender pursuant to C.R.S. § 18-3-412.5, as amended, unless related to other persons in the group home by blood, marriage or adoption or in foster care.

B.

Compliance with State and Local Requirements.

1.

The group home shall maintain compliance with applicable building codes, fire codes, and health codes based upon the occupancy classification and number of residents and necessary persons for care of the residents.

2.

The group home shall comply with the parking standards of this title. All commercial components, such as parking lots and playgrounds, shall be screened and buffered from neighboring residences and uses.

3.

Copies of any applicable current state or local certifications, licenses or permits for the group home shall be maintained on the premises.

C.

Compliance with Federal Requirements. A group home for handicapped or disabled persons shall quarterly, and otherwise upon request by the Director, provide evidence and/or demonstrate that the residents in the group home are handicapped or disabled individuals and entitled to protection under the FHAA, Americans with Disabilities Act (ADA), or the federal Rehabilitation Act.

D.

Meetings and Gatherings. Meetings or gatherings on-site at a group home for handicapped or disabled persons that are consistent with a normal residential family setting are allowed and shall only be for residents, family of residents, and necessary persons required for the support, care and supervision of the handicapped or disabled persons. This does not permit conducting ministerial activities of any private or public organization or agency or permit types of treatment activities or the rendering of services in a manner substantially inconsistent with the activities otherwise permitted in the particular zoning district. See, C.R.S. § 31-23-303(2) (c).

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Purpose. The purpose of the provisions of this section is to ensure that a home occupation or home business conducted within a dwelling unit located in a residential zoning district is incidental to or secondary to the residential use, is compatible with the character of the neighborhood and is conducted such that there are no negative impacts to the neighboring residents.

B.

Intent. It is the intent of this section to permit only those home occupations that do not adversely affect the residential character and quality of the neighborhood and the premises on which the home occupation is located. It is the further intent of this section to limit the types of business that will be allowed as home occupations, because locating certain businesses within residential neighborhoods can have adverse effects upon the residential character and quality of the neighborhoods in which they are located.

C.

General Limitations. All home occupations are subject to the following conditions:

1.

Such use is conducted entirely within a principal or accessory building.

2.

Such use is clearly incidental and secondary to the residential use of the dwelling and does not change the residential character thereof.

3.

The total area used for the home occupation shall not exceed more than forty (40) percent of the combined total floor area of the dwelling unit and any accessory buildings, including but not limited to the basement, garage and upper floors of the dwelling unit.

4.

There is no change in the outside appearance of the dwelling unit or lot indicating the conduct of such home occupation, except for: outdoor playgrounds and activities associated with a state licensed child care home. No signs are permitted, apart from those permitted in Chapter 6 of this title.

5.

There is no sale of materials or supplies permitted, except: incidental retail sales; or catalogue, mail order and internet sales with pickup/delivery of products off the premises.

6.

There is no exterior storage of material or equipment used as part of the home occupation.

7.

No equipment, process, or activity of such home occupation creates any glare, fumes, odors, noise, light, vibration, heat, or electrical interference or other objectionable or hazardous condition greater than that usually associated with residential uses detectable to the normal sense at the boundary of the lot or outside the dwelling unit if conducted in an attached dwelling unit.

8.

No traffic is generated by such home occupation in a volume that would create a need for parking greater than that which can be accommodated on the site or which is inconsistent with the normal parking usage or appearance of the district. Deliveries are limited to normal daily deliveries by public and private mail carriers.

9.

The hours of operation during which clients or customers are allowed to come to the home in connection with the business activity are limited to between 8:00 a.m. and 8:00 p.m., except that child care hours shall be between 6:00 a.m. and 8:00 p.m.

10.

Such use shall comply with all applicable provisions of the Municipal Code, including this title, the building code, fire code, health regulations, or any other local, state, or federal regulation. The permission granted or implied by this section shall not be construed as an exemption from such regulation.

D.

Prohibited Home Occupations. The following uses are not permitted as home occupations:

1.

Veterinary offices or clinics, animal hospitals or kennels;

2.

Equipment rental;

3.

Medical or dental clinics;

4.

Repair or painting of automobiles, motorcycles, trailers, boats, or other vehicles;

5.

Restaurants;

6.

Dispatching of vehicles to and from residential premises (e.g., taxi services or towing services); and

7.

Sexually-oriented businesses.

E.

Types. The Director shall determine whether any proposed home occupation is eligible for approval as a Class I or Class II home occupation.

1.

A Class I Home Occupation is a home occupation that can be approved administratively as a permitted accessory use. The Director shall have the authority to approve a Class I Home Occupation that complies with the criteria herein and may require conditions of approval in order for the home occupation to comply with the standards of this section and/or other applicable codes.

2.

A Class II Home Occupation allows for a wider range of activities than a Class I Home Occupation. A Class II Home Occupation requires approval as a conditional use in accordance with Section 18.03.320 of this title.

F.

Class I Home Occupation. In addition to the limitations listed in subsection C and D above, a Class I Home Occupation is subject to the following conditions and limitations:

1.

Only persons who reside on the premises may be involved in the conduct of the home occupation.

2.

No commercial vehicle shall be used in conjunction with the home occupation.

3.

No more than one client, customer, or student shall receive services or instruction at a time.

4.

The following additional uses are not permitted: beauty and hair salons; repair of large appliances (e.g., stoves, refrigerators, washers, and dryers); repair of power equipment (e.g., lawn mowers, snow blowers, chain saws, string trimmers, and the like); welding or metal fabrication shops.

G.

Class II Home Occupation In addition to the limitations listed in subsection C and D above, a Class II Home Occupation is subject to the following conditions and limitations:

1.

The home occupation employs not more than one person who works at the subject property but does not live on the subject property.

2.

No more than one commercial vehicle that is stored or parked on the subject property shall be used in conjunction with the home occupation. No semi-trucks or tractor trailers are permitted.

3.

The addition of a secondary entrance to the home shall be the only permitted exterior alteration to accommodate the home occupation.

4.

No more than four clients, customers, or students shall receive services or instruction at a time. Barber and beauty shops shall have no more than two stations.

5.

Professional offices providing services not generating any medical or dental waste, including, but not limited to psychologist, chiropractor, or massage therapist may be permitted if the business complies with all standards herein and all applicable codes.

H.

Annual Inspection and Compliance. All home occupations may be subject to an annual inspection to determine compliance with the applicable home occupation criteria, any conditions of approval, and all applicable municipal, state and federal regulations.

1.

If the home occupation passes the inspection, the home occupation license shall be renewed for a one-year period.

2.

An inspection of the home occupation shall also be performed for any legitimate complaint received against the home occupation.

3.

If violations are found after any inspection, the Director shall determine the nature of any violation(s) and whether the violation(s) can be corrected. If the Director determines the violation can be corrected, the operator shall have thirty (30) days to correct the violation. The Director may approve an alternate schedule for correction of the violation, depending on the nature of the violation.

4.

If it is determined by the Director that the home occupation cannot correct the violation or otherwise cannot comply with the approval criteria herein, the Director may revoke the home occupation license and the operator may not reapply for a one-year period from the date of revocation.

5.

Any person aggrieved by a decision of the Director pursuant to this subsection H may appeal that decision to the Planning Commission under the following procedure:

a.

The appeal must be made in writing and filed within thirty (30) days of the decision being appealed.

b.

The Planning Commission shall consider the appeal at a public meeting held within thirty (30) days of receipt of the written appeal.

c.

The Planning Commission shall approve, approve with conditions, or deny the appeal.

d.

The decision of the Planning Commission shall be the final decision of the Town on the matter, appealable only to the district court.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Site Features.

1.

Adjacency. The structure containing the industrial use shall be located a minimum of five hundred (500) feet from any exterior boundary of the PUD that borders an existing residential zone district.

2.

Traffic. The traffic impact study required as a part of the application shall analyze types of and number of daily trips of truck traffic (semi-truck, box truck, cargo van are examples but not limited to), and relationship to delivery times and impact on peak hour traffic. If the project is proposed to be built in phases, each phase shall be analyzed individually as well as the cumulative impact on the surrounding roadways. Semi-truck traffic is discouraged and utilization of smaller and more frequent deliveries at off-peak hours is encouraged. Traffic projected to be generated by the industrial use (to include individual phases) shall not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service, or internal traffic conflicts to the detriment of persons on or off-site. The projected types (weight and size) of vehicles generating traffic as a result of the industrial use shall not overburden or denigrate the capacity of existing streets in a manner that exceeds other uses permitted in the zone district.

3.

Buffer. A minimum fifty-foot-wide landscape buffer shall be provided along any property line where an industrial use is adjacent to an existing residential zone district.

4.

Screening. A fence, wail, hedge, landscaping, earth berm, natural buffer area. similar screening device. or any combination thereof shall be provided to obscure an industrial use. Minimum height of screening shall be six feet. Additionally, the following specific uses or features of any industrial use shall be screened so as to not be visible from adjacent property or from public right-of-way:

a.

Dumpster or trash-handling areas;

b.

Service entrances and utility facilities;

c.

Loading docks or spaces;

d.

Storage, material stocks, and equipment; and

e.

Outdoor freezers.

5.

Screening Trees. For every twenty-five (25) linear feet of property line where screening is required, an evergreen tree meeting the standards of these regulations shall be planted and maintained.

6.

Enclosure. Every industrial use, unless expressly exempted by the Board of Trustees, shall be operated in its entirety within a completely enclosed structure. The following standards apply when the Board of Trustees grant an express exemption to this requirement:

a.

Screening of large commercial vehicles such as trash collection trucks, etc. from the public right-of-way and any surrounding residential properties is required.

b.

Outdoor storage, including any storage of shipping and/or cargo containers longer than forty-eight (48) hours. shall be behind any building setback line, screened from view from adjacent properties and abutting streets.

7.

Prevention of Road Damage. Roads serving heavy industrial uses shall be designed and built to support the maximum axle weight for vehicles serving the property on a recurring basis. New industrial uses with heavy vehicles may be required to upgrade the street they are located on to accommodate heavy vehicles.

8.

Circulation. access and circulation shall be designed so that loading berths are internally oriented and are shared with adjacent industrial development in order to consolidate and minimize street access points. to the maximum extent practicable.

9.

Semi-truck Parking.

a.

Semi-truck or oversized parking spaces are permitted at a maximum of fifteen (15) spaces for every one hundred thousand (100,000) square feet of gross floor area of the building for which they serve. The Director may vary the amount of semi-truck parking up to fifteen (15) percent if the parking is fully screened and the need justified based on site location, design, and overall use.

b.

Oversized parking area must be setback from the public right-of-way and not encroach into any required perimeter buffer area and be located behind buildings and screened from views from any public right-of-way. If physical site constraints or frontage on more than one right-of-way prevent compliance with this standard, alternative compliance may be approved by the Planning Director on a case-by-case basis if the Director determines that the alternative will reduce visual and noise impacts abutting rights-of-way and residential to the maximum extent practicable.

c.

Semi-truck parking pertains to wheeled vehicles and not storage of cargo containers. When a container transported by a vehicle is detached from the vehicle it must be moved to an approved and screened outdoor storage area within forty-eight (48) hours.

10.

Cargo Containers and/or semi-truck trailers shall not be used for storage or any other accessory use unless approved through a temporary use permit or an amendment to a final site plan or final PUD plan. No junk, inoperative or unlicensed automobiles, or parts shall be permitted to be stored on the property.

B.

Building Features.

1.

Materials.

a.

Metal buildings, or buildings which primary exterior surfaces are metal, shall not exceed twenty thousand (20,000) square feet in gross floor area before it is determined that provisions b, c. and d below

b.

Metal is prohibited as a primary exterior surface material on buildings that are visible from a street. park. open space. or trail unless the building meets section 1.a as stated above.

c.

Metal may be used as an accent material covering no more than twenty (20) percent of the facades when the building or buildings are visible from a street, park, open space. or trail. If metal is to be used along interior lot lines, such facades need to be integrated into the overall building design,

d.

Principal Building Facades: Principal building facades shall include all building facades that face adjacent major arterials or interstates. When a building has more than one principal facade, such principal building facades shall be consistent in terms of design, materials, details, and treatment. Principal building facades associated with new construction shall meet the following standards:

Principal building facades shall avoid the use of undifferentiated surfaces by including at least three of the following design elements:

i.

Change in building height;

ii.

Building step-backs or recesses;

iii.

Fenestration;

iv.

Change in building material, pattern, texture, and color; or

v.

Use of accent materials.

2.

Roof-Top Mechanical Equipment and Other Special Equipment. All roof-top mechanical equipment with the exception of solar energy devices shall be screened from view by the use of compatible and appropriate materials.

a.

Roof top screening will only be required to screen equipment from views at the finished grade of the developed building site, or the equivalent grade on the adjacent portion of contiguous building sites.

b.

Where roof-top mechanical equipment cannot be adequately screened because of elevation changes or higher buildings in the vicinity then screening accompanied by compatible painting of equipment is permissible.

3.

Loading Berths and Doors:

a.

The minimum Loading requirements of Section 18.05.235 shall apply.

b.

Two types of loading doors:

i.

Elevated Truck Loading Docks. Each building may contain a maximum of one (1) elevated truck loading dock per fifteen thousand (15,000) square feet of indoor building warehouse space +/- forty-four (44) inches in height from finished grade.

1.

In the instance where a building has multiple tenants, each tenant is permitted a minimum of one elevated loading dock when the minimum square footage is not met.

ii.

Ground-Level Garage Loading Doors. Each building may contain a maximum of one ground-level garage loading door per five thousand (5,000) square feet of indoor building warehouse space. Ground level is defined as plus or minus two feet in height from finished grade less than forty-four (44) inches in height.

1.

In the instance where a building has multiple tenants, each tenant is permitted a minimum of one ground-level garage loading door when the minimum square footage is not met.

c.

Loading berths, doors and bays shall follow a staggered placement on parallel building elevations and limiting cross-docks.

C.

External Effects. All industrial and commercial businesses shall comply with the following standards so that such uses do not create any danger to public safety in surrounding areas, do not cause water pollution, and do not create offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences beyond the boundaries of the property in which such uses are located; and shall not be operated in any manner so as to constitute a public nuisance or hazard.

1.

Safety. No industrial use shall create any danger to safety in any area of the Town.

2.

Noise. Noise generated on the property shall not exceed eighty (80) dB between 6:00 a.m. and 6:00 p.m. and seventy-five (75) dB between 6:00 p.m. and 6:00 a.m. Noise generated on the property shall not exceed the above levels at the perimeter of the property.

3.

Vibration.

a.

Every industrial use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the zone lot on which the use is located.

b.

The owner of an industrial use regularly emitting vibrations shall be required to submit an annual report from a qualified professional documenting compliance with the standards in subsection c below. The Town may request additional reports if there is a complaint and/or evidence to suggest that vibrations being emitted may be exceeding the standards. Exceptions: (1) Vibrations from temporary construction, (2) Vehicles in an adjoining right-of-way.

c.

Maximum permitted steady state and impact vibration displacements:

4.

Material Handling and Waste Disposal. No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by natural causes or forces.

5.

Radioactivity. The airborne emission of radioactive material shall comply with the latest provisions of the State of Colorado rules and regulations pertaining to radiation control.

6.

Prevention of Water Pollution. All industrial uses shall comply with all applicable federal, state, and local laws, orders and regulations concerning the prevention and abatement of water pollution. An industrial use will be conducted by methods that will prevent entrance or accidental spillage of solid matter, contaminants, debris, and other objectionable pollutants and wastes into streams, flowing or dry water courses, and underground water sources. Such pollutants and wastes include, but are not restricted to, refuse, garbage, cement, concrete, sewage effluent, industrial waste, radioactive substances, oil and other petroleum products, aggregate processing tailings, mineral salts, and thermal pollution. Wastewater shall not enter streams, water courses or other surface waters.

7.

Abatement of Air Pollution. The industrial use shall comply with all applicable federal, state, and local regulations concerning the prevention and control of air pollution. In conduct of construction activities and operation of equipment, the industrial use will incorporate such practicable methods and devices as are available to control, prevent and otherwise reduce atmospheric emissions or discharges of air contaminants. The emission of dust into the atmosphere will not be permitted. The industrial use shall incorporate such methods and equipment as are necessary for the collection and disposal or prevention of dust during operations.

8.

Carcinogens. Use of carcinogens in the manufacturing or distribution process is prohibited. Carcinogens shall be defined as agents determined by the federal or state government to be cancer-causing and which agents have been banned by either the federal or state government. The Board of Trustees may also consider whether or not it is in the health, safety, and welfare of the residents of the Town of Monument if the applicant is using carcinogenic materials in the manufacturing or distribution process which have been found in laboratory research to produce cancer in human beings.

9.

Smoke Emissions. No person shall emit or cause to be emitted into the atmosphere from any air contamination source of emission whatsoever any air contaminant which is of such a shade or density as to obscure an observer's vision to a degree in excess of twenty (20) percent opacity.

10.

Odors. It is a violation if odors are detected after the odorous air has been diluted with seven or more volumes of odor-free air.

11.

Other Emissions. Emissions of electromagnetic radiation, heat or glare shall in no case endanger human health, cause damage to vegetation on property, interfere with the normal operation of equipment or instruments, or interfere with the reasonable use and enjoyment of property located outside the lot on which a use is operated.

12.

Engine Idling. Commercial Trucks shall not idle longer than fifteen (15) minutes in any hour unless parked within a designated overnight parking area. such as a truck stop. Commercial Trucks shall not idle within five hundred (500) feet of a residentially zoned area from 10:00 p.m. to 7:00 a.m. and are subject to the Town noise ordinance of Chapter 8, Article 12 of the Town of Monument Municipal Code.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 05-2022, § 1(Exh. 1), 7-5-2022)

A mobile home park shall conform to the following development standards:

1.

Location. The mobile home park shall be located on a well-drained site, and shall be located so that its drainage will not constitute an unreasonable hazard or nuisance to persons, property, or water supply in the immediate vicinity of the site. The site shall be made free from marshes, swamps, or other potential breeding places for insects or rodents. Mobile home park sites shall not be subject to undue flooding, fire or safety hazards, and shall not be exposed to nuisances, such as undue noise, smoke, fumes or odors. The topography of the site should be favorable to minimum grading, mobile home placement and ease of maintenance. Initial site grades shall not exceed eight percent.

2.

Site Design. The site design shall provide for a desirable residential environment for mobile home residents which is an asset to the community and the neighborhood in which it is located. Site planning and improvements shall provide facilities and amenities which are appropriate to the needs of the residents; safe, comfortable and sanitary use by the residents under all weather conditions; and practical and efficient operation and maintenance of facilities at reasonable costs. Innovative and imaginative design shall be encouraged.

3.

Size. The mobile home park site shall contain a minimum of ten (10) acres of land.

4.

Density. Gross density on a mobile home site shall not exceed six units per acre.

5.

Recreation Area. Not less than ten (10) percent of the gross site area shall be reserved for and devoted to recreational areas and facilities. Such areas and facilities shall be provided in a location or locations convenient to all mobile home spaces. Recreation areas may include space for community use buildings, indoor recreation facilities, and outdoor recreation activities.

6.

Mobile Home Spaces. Each mobile home space shall have a minimum area of four thousand (4,000) square feet and a minimum width of forty (40) feet, and be adequate to provide for:

a.

A minimum of twenty (20) feet between mobile homes.

b.

A minimum of ten (10) feet from any point on the mobile home to each boundary of the mobile home space upon which a mobile home is situated. An accessory structure which has a horizontal area exceeding twenty-five (25) square feet and is attached to a mobile home shall, for the purposes of all separation requirements, be considered to be part of the mobile home.

c.

An outdoor living and service area on the mobile home space of not less than three hundred (300) square feet. Such area may include paved patio areas. In determining the required yard and space areas, the use of double-wide mobile homes and ac-cessory structures shall be taken into consideration. The area required for mobile home space shall not include additional area required by this chapter for access roads, storage areas, service buildings, recreation areas, office and similar mobile park needs.

d.

Paved driveways, the minimum width of which shall be ten (10) feet, shall be provided where necessary for convenient access to the mobile home space.

7.

Setbacks. Mobile homes shall be located at least thirty (30) feet from any park boundary line abutting upon a public street or highway, and at least fifteen (15) feet from other park property boundary lines.

8.

Screening. All mobile home parks adjacent to other residential uses, or to commercial or industrial uses, shall be provided with screening such as landscape buffers along the property boundary separating the mobile home park from such adjacent land uses.

9.

Windbreaks. Where any mobile home park is located on flat open land, without natural barriers (such as hills, bluffs or large stands of trees) to strong winds, windbreaks shall be required to protect mobile homes from the effects of such winds. Windbreak design and location shall be relative to known wind velocities and direction and to the existing and proposed topography and vegetation, and shall be subject to landscape review and approval by the Director. One or more of the following techniques shall be used in providing windbreak screening:

a.

Landscape Buffering. A combination of trees and understory shrubs of dense deciduous or evergreen plant material, with mature shrub heights ranging from four to twelve (12) feet; or clustered or row-planted trees and/or shrub hedging;

b.

Earth berms, in combination with landscape buffering; and

c.

Fencing. Opaque (eighty-five (85) percent or more opacity) wood or masonry screening. Fencing, whether for screening or for windbreak purposes, shall comply with Section 18.04.330 and any building code requirements.

10.

Soil and Ground Cover Requirements. Exposed ground surfaces in all parts of a mobile home park shall be paved, covered with stone screenings or other solid material, landscaped or otherwise protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

11.

Roads. A mobile home park site shall have a minimum of two access connections to a public street, and internal private access roads shall be provided to each mobile home space.

a.

All roads and access ways providing ingress to and egress from the mobile home park and circulation within the mobile home park shall be designed and constructed in accordance with Town engineering standards.

i.

Access roads shall connect to a dedicated public right-of-way not less than fifty (50) feet in width, and which shall be hard surfaced.

ii.

Access roads connecting to a public street shall be not less than forty (40) feet wide from flow line to flow line.

iii.

The minimum width for internal access roads shall be twenty-eight (28) feet for one-way streets and thirty-six (36) feet for two-way streets. On-street parking shall be allowed.

iv.

Grades of all roads shall be sufficient to ensure adequate surface drainage, but shall be not more than eight percent.

v.

All roads shall be paved with asphalt or concrete.

vi.

All roads shall be improved to the required standards prior to occupation of the mobile home spaces by mobile homes.

b.

All mobile home units and accessory buildings or uses shall face upon and take access from an interior roadway.

12.

Walkways and Lighting.

a.

Paved walkways at minimum of four (4) feet wide shall be provided from all mobile home spaces to service buildings and other community areas, and along all access roads.

b.

Paved walkways shall be lighted at night in accordance with Chapter 5, Article 3 of this title.

13.

Storage Areas. Storage areas for boats, boat trailers, travel trailers, tent trailers, horse trailers, and detachable pickup campers shall be provided within the mobile home park in an amount equal to one hundred (100) square feet per mobile home space. Such areas shall be screened from adjacent residential properties and public streets by means of opaque fencing or landscaping.

14.

Off-Street Parking. Off-street parking for each mobile home space and mobile home facilities shall be provided as required by Chapter 5, Article 2 of this title.

15.

Refuse Disposal.

a.

The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accidents, fire hazards, air pollution, or other nuisance conditions.

b.

All refuse shall be stored in closed containers, which shall be located no more than one hundred fifty (150) feet from any mobile home space.

i.

Containers shall be provided in sufficient number and capacity to properly store all refuse.

ii.

Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them.

c.

All refuse shall be collected at regular intervals.

16.

Tiedowns. The area of the mobile home stand shall be improved to provide an adequate foundation for the placement, blocking, tie-down and anchoring of the mobile home, thereby securing the superstructure against uplift, sliding, rotation and overturning.

a.

The mobile home stand shall not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration or other forces acting on the superstructure.

b.

All mobile homes must have secure tie-downs for wind and storm protection. The method and materials for tie-down pads and for securing the mobile homes to the tie-down pads must be designed by a professional engineer registered in Colorado both for typical tie-downs and for each individual space as it is shown on the proposed final site plan.

c.

Wheels may be removed from mobile homes, but running gear may be removed only for a reasonable period of time for repair purposes.

d.

All mobile homes shall have skirting of a rigid material. Such skirting shall not attach the mobile home permanently to the ground, provide a harborage for rodents, or create a fire hazard.

17.

Additions. No permanent addition of any kind shall be built onto, nor become part of, any mobile home.

18.

Electrical Regulations. Every mobile home and service building in a mobile home park shall be provided with electrical service properly installed and maintained in a safe condition.

a.

All electrical lines within the mobile home park shall be placed underground.

b.

All lines and service to individual mobile home lots shall meet National Electrical Code specification.

19.

Fuel Supply. Natural gas and liquefied petroleum gas shall be properly installed and maintained in a safe, operable condition. The fuel supply system shall be designed to provide a sufficient quantity of fuel to each mobile home and service building.

a.

Where the mobile home park is connected to a natural gas supply, a readily accessible and identified shutoff valve controlling the flow of the gas to the entire gas piping system shall be installed near to the point of connection to the service piping.

b.

Each mobile home space shall have an approved gas shutoff valve installed upstream of the mobile home gas outlet and located on the outlet riser at a height of not less than four inches above grade. Such valve shall not be located under any mobile home. Whenever the mobile home space outlet is not in use, the outlet shall be equipped with an approved cap or plug to prevent accidental discharge of gas.

c.

Approved flexible connections shall be installed between the gas meter and the gas piping serving the mobile home.

d.

Liquefied Petroleum Gas. Mobile homes using liquefied petroleum gas for cooking and heating units shall comply with applicable laws and regulations pertaining to liquefied petroleum gases.

e.

Systems shall have at least one accessible means for shutting off gas.

f.

Such means shall be located outside the mobile home and shall be maintained in effective operating condition.

g.

Fuel Storage and Piping.

h.

All piping from outside fuel storage tanks and cylinders to heating units in mobile homes shall be of standard weight wrought iron or steel pipe, or brass or copper pipe of iron pipe size, and shall be permanently installed and securely fastened in place.

i.

All fuel storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath the mobile home or less than five feet from any mobile home exit.

j.

Oil storage shall be permitted in tanks or containers, not exceeding one hundred twenty (120) gallons in capacity, mounted on an incombustible frame at the rear of the mobile home.

k.

Such oil storage containers shall be vented and provided with a stopcock on the fuel line just before it enters the mobile home.

20.

Fire Protection. Mobile home parks shall, at all times, be in conformance with the provisions of the International Fire Code as adopted by the Tri-Lakes Monument Fire Protection District.

21.

Emergency Sanitation Facilities. Every mobile home park shall be provided with emergency sanitary facilities in a service building or office building. Such emergency facilities shall be located in a building which is accessible to all mobile homes within the park. Minimum facilities shall be one flush toilet and one lavatory.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Intent, Authority and Applicability.

1.

Intent. It is the intent of this Article to prohibit certain land uses related to marijuana for personal use in the Town, and in furtherance of its intent, the Board of Trustees makes the following findings:

a.

Article XVIII, § 16 of the Colorado Constitution specifically authorizes a municipality "to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance."

b.

Based on careful consideration of Article XVIII, § 16 of the Colorado Constitution, and the potential secondary effects of the cultivation and dispensing of marijuana for recreational use, and the retail sale, distribution and manufacturing of marijuana for recreational use or marijuana-infused products, such land uses have an adverse effect on the health, safety and welfare of the Town and its inhabitants.

2.

Authority. The Town's authority to adopt this Article is found in: Article XVIII, § 16 of the Colorado Constitution, the Local Government Land Use Control Enabling Act, C.R.S. § 29-20-101, C.R.S. § 31-23-101 (municipal police powers); and C.R.S. § 31-15-501 (municipal authority to regulate businesses).

3.

Applicability. This section shall apply to all property within the Town.

B.

Uses Prohibited.

1.

It is unlawful for any person to operate a marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility, marijuana delivery service, or retail marijuana store within the Town.

2.

It is unlawful to grow marijuana for personal use anywhere in the Town other than an enclosed, locked space which is not open or public. "Enclosed" means having a roof and all sides closed to the weather with walls, windows, or doors.

3.

It is unlawful to make marijuana grown for recreational use available for sale in any manner.

4.

It is unlawful for any person to operate any marijuana tasting room, hospitality establishment or delivery service within the Town.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

Medical marijuana dispensaries shall meet the following requirements:

1.

Location. No medical marijuana dispensary shall be located within one thousand (1,000) feet of the following:

a.

The exterior boundary of any residential zone district;

b.

The exterior boundary of any existing or occupied mobile home;

c.

The exterior boundary of any lot on which there is located a single-family or multifamily residence, whether located within or outside of the Town;

d.

Any church or religious institution;

e.

Any educational institution or school, either public or private;

f.

Any licensed child care facility;

g.

Any alcohol or drug rehabilitation facility;

h.

Any public community center, park, designated recreation trail, library, fairground, hotel, or recreation center, or any publicly owned or maintained building open for use to the general public;

i.

Any existing medical marijuana business whether such business is located within or outside of the Town; or

j.

Any halfway house or correctional facility.

2.

Advertisements. Advertisements, signs, displays or other promotional material depicting medical marijuana uses or symbols shall not be shown or exhibited off the premises or in any manner which is visible to the public, from roadways, pedestrian sidewalks or walkways, or from other public areas. No signage associated with a medical marijuana dispensary shall use the word "marijuana", "cannabis," or any other word or phrase commonly understood to refer to marijuana unless such word or phrase is immediately preceded by the word "medical".

3.

Indoor Use. All business related to medical marijuana shall be conducted indoors, and all building openings, entries, and windows shall be located, covered, or screened in such a manner as to prevent a view into the interior; and for new construction, the building shall be constructed so as to prevent any possibility of viewing the interior from the exterior of such structure.

4.

Security. Medical marijuana dispensaries shall provide adequate security on the premises. At a minimum, such security shall include:

a.

Security surveillance cameras installed to monitor the main entrance and the exterior of the premises to discourage and to facilitate the reporting of criminal acts as well as nuisance activities. Security video shall be preserved for at least seventy-two (72) hours.

b.

Robbery and burglary alarm systems which are professionally monitored and maintained in good working condition.

5.

Additional Limitations. Medical marijuana dispensaries shall be subject to the following additional requirements:

a.

The business may only be open for the sale of medical marijuana during the hours of 9:00 a.m. to 7:00 p.m.

b.

No on-site consumption of marijuana is allowed.

c.

No on-site cultivation of marijuana is allowed.

d.

All dispensaries shall be equipped with a secure safe that is utilized for the purposes of storing marijuana when the business is not open.

e.

A business license is required.

f.

No mobile structure may be used to dispense medical marijuana.

g.

No alcohol sales or consumption shall be permitted on site.

h.

No sales of drug paraphernalia shall be permitted on site.

6.

Application. Prior to the establishment of any medical marijuana dispensary, each of the following requirements shall be met:

a.

A business plan must be submitted for the dispensary to ensure compliance with the Town Code. The business plan must contain the following items:

i.

All items required for a conditional use application;

ii.

A description of the security provisions and systems;

iii.

Hours of operation;

iv.

Number of employees;

v.

A description of the ventilation system for the premises.

b.

Criminal background check. No approval will be issued to an applicant whose criminal history reflects a prior conviction for a felony offense. In the case where applicant is a business entity, the applicant shall provide the name(s) of each natural person who has any ownership interest in the entity and no approval shall be issued if any such person has a criminal history that reflects a prior conviction for a felony offense. All fees for background checks performed by the Town shall be paid for by the applicant prior to the issuance of a business license. If there is any change in ownership, a background check must be performed on the new owners. Ownership has thirty (30) days in which to report any change of ownership.

c.

The applicant(s) must provide a state sales tax number to the Town at the time of business license application.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Accessory to Residential Use.

1.

Personal cultivation of marijuana shall only be an accessory use to a single-family detached dwelling unit, may only occur in those zoning districts where a residential use is allowed, and must otherwise conform with the laws and regulations pertaining to the personal cultivation of marijuana set forth in this chapter and under state law.

2.

It shall be unlawful for the owner of any residence or other building to lease such property, or any part thereof, who knows or reasonably should know that the intended use of the property, or part thereof, will be to cultivate, produce, possess, or process marijuana in violation of this chapter.

B.

Located in Primary Residence. Personal cultivation, production, or processing of marijuana shall only occur in the primary residence of the patient, caregiver or person over twenty-one (21) years old.

C.

Location within Primary Residence.

1.

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

2.

For purposes of this chapter, a "secure" area means an area within the primary residence accessible only to individuals residing in the residence who are twenty-one (21) years of age or older or are the patient or primary caregiver if the marijuana is for lawful medical use. Secure premises shall be locked or partitioned off to prevent access by children, visitors, casual passersby, vandals, or anyone not licensed and authorized to possess medical marijuana.

a.

Marijuana plants shall not be grown or processed in any multi-family or attached residential development.

b.

Marijuana shall not be cultivated, produced, or processed within a garage, whether attached or detached, or other structure designed or intended for the keeping or storage of vehicles, equipment, or goods.

c.

Marijuana shall not be cultivated, produced, or processed in the yard, lot, curtilage, or other area or structure located outside of the primary residence, including but not limited to outdoor gardens, ancillary or accessory buildings, greenhouses, sheds, or storage units.

D.

Any cultivation, production, or possession of marijuana plants shall be limited to the following within a single-family detached dwelling: a secure, defined, contiguous one hundred fifty (150) square foot area within the primary residence.

E.

If a patient, primary caregiver, or authorized person grows or processes marijuana plants within any residential structure that he or she does not own, such patient, primary caregiver, or authorized person shall obtain the written consent of the property owner before commencing to grow or process marijuana plants on the property. Such written documentation shall also include the owner's express consent to any material alterations to the property associated with the growing or processing of marijuana plants including, but not limited to, alterations to walls, windows, ventilation, plumbing, or electrical; shall be maintained on the premises; and shall be shown to any authorized public inspector upon request.

F.

Plant Limits. No more than twelve (12) marijuana plants, with one-half or fewer being mature; flowering plants can be grown in a single primary residence, regardless of the number of patients, caregivers or persons over twenty-one (21) years old, or any combination thereof, that reside in the primary residence.

G.

Extraction. No compressed, flammable gas or volatile solvent may be used in the extraction of THC or other cannabinoids. For purposes of this section, "volatile solvent" means a liquid that is capable of dissolving other material and vaporizes at room temperature.

H.

Cannot be Considered a Home Occupation. In no instance may personal cultivation of marijuana qualify as a home occupation.

I.

Cannot be Perceptible. The odor of marijuana shall not be detectable by a person with a typical sense of smell from any adjoining lot, parcel, tract, public right-of-way, or building unit. Personal cultivation of marijuana shall not be perceptible from the exterior of the residence visually or as a result of undue parking or vehicular or foot traffic, including but not limited to:

1.

Common visual observation, which precludes signage of any form;

2.

Unusual odors, smells, fragrances, or other olfactory stimulus;

3.

Light pollution, glare, or brightness that disturbs the repose of another;

4.

Undue vehicular or foot traffic, including excess parking within the residential zone; and

5.

Noise from fans in excess of Town of Monument Municipal Code Sections 8.20.040 and 9.12.030.

J.

Enforcement.

1.

The Monument Police Department is specifically authorized to enforce the provisions of this Article which enforcement authority shall be in addition to the provisions of Section 18.01.180 of the Municipal Code. The requirements of issuing a written order in person or by registered mail to the violator or property owner shall not apply to the enforcement of standards related to personal cultivation of marijuana.

2.

In addition to the enforcement authority contained in this chapter, it is hereby declared that any violation of this chapter shall be considered to be a public nuisance, which may be abated pursuant to the provisions of Title 8 of the Municipal Code and the authority contained therein.

3.

In the event the Town incurs costs in the inspection, cleanup, surrender of plants or any other requirements to remove marijuana due to violations of this chapter, the responsible person(s) shall reimburse the Town all actual costs incurred by the Town for such inspection or cleanup.

K.

Right of Entry for Inspection Purposes.

1.

In the interest of public safety, and subject to the requirements and limitations herein, law enforcement officers shall have the right during reasonable hours to enter upon and into any residential structure within the Town where marijuana plants, whether medical or personal use, are being grown or processed for the purpose of conducting an inspection of the premises to determine if the premises comply with the requirements of this chapter.

2.

Such entry shall be with the permission of the owner or occupant of the residential structure, provided however, if such permission is refused, or the premises are locked and the law enforcement officer has been unable to obtain permissions or access, the law enforcement officer may request, and the Municipal Judge may issue, an inspection warrant pursuant to Subsection L of this Section and Rule 241 of the Colorado Municipal Court Rules of Procedure.

L.

Search Warrant Authorized.

1.

The Town declares that a violation of this Article involves a serious threat to public safety or order within the meaning of Rule 241(a)(1) of the Colorado Municipal Court Rules of Procedure.

2.

If the owner or occupant of the premises denies any law enforcement officer permission to enter and inspect the residential structure, or any accessory building, including to enter and inspect the residential structure, or any accessory building, including but not limited to any shed or detached garage, authorized law enforcement personnel may request the Monument Municipal Court to issue a search warrant for the inspection of the premises pursuant to the procedures and standards set forth in Rule 241(a)(I) of the Colorado Municipal Court Rules of Procedure.

3.

The Monument Municipal Court may issue a search warrant authorizing any law enforcement officer to inspect a residential structure for the cultivation, production, possession, or processing of medical marijuana plants in accordance with Rule 241(a)(I) of the Colorado Municipal Court Rules of Procedure. Any search warrant issued pursuant to this chapter shall fully comply with the applicable provisions of Rule 241(a)(I) of the Colorado Municipal Court Rules of Procedure.

4.

The Monument Municipal Court may impose such conditions on a search warrant as may be necessary to protect the private property rights of the owner of the premises to be inspected or to otherwise ensure that the warrant complies with the applicable law.

5.

It shall be unlawful and a violation of this chapter for any owner or occupant to deny any law enforcement officer access to the property if the authorized person presents a warrant issued pursuant to this chapter.

6.

Nothing herein shall be construed to limit the availability of other types of warrants under Rule 241 of the Colorado Municipal Court Rules of Procedure or the applicability of Rule 241 to other articles or provisions of this chapter or title.

M.

Most Stringent Law Applies.

1.

Nothing in this article is intended to supersede or modify applicable provisions of state law concerning the same subject. To the extent that a provision of state law is or becomes more stringent than a provision of this Article, the most stringent requirement or construction shall apply.

2.

Nothing in this article is intended to supersede or modify any other applicable provisions of this Code, including, but not limited to, the building, safety, and technical codes adopted in Title 15 and zoning requirements and restrictions adopted in Title 18.

N.

Private Covenants not Affected. Nothing in this article is intended to impair and does not supersede or override provisions of any lawful privately imposed contracts, covenants, conditions, or restrictions that are more restrictive regarding the use of a primary residence for the cultivation, production, possession, and processing of medical marijuana or medical marijuana plants. Nothing in this article is intended to defer to or to permit privately imposed contracts, covenants, conditions, or restrictions that would authorize any activity or action prohibited or regulated under this article. The Town shall not enforce private covenants except to the extent specifically provided by law.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

Wireless telecommunication services facilities and equipment (CMRS facilities) are evaluated in the development review process to ensure that such facilities and equipment are designed in such a way as to provide functional operation for the provider and protect the safety, aesthetics and character of the neighborhood, and the Town. Small cell CMRS facilities, however, shall be permitted as uses by right in all zone districts, subject to the process and standards described in Section 18.04.360. Section 18.04.370 also addresses satellite dishes and amateur radio antennas; these facilities are separately addressed in that section and are not regulated as CMRS facilities.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

CMRS facilities, as defined in Section 18.07.110 are comprised of the following four types, with each type restricted to placement in a zoning district as listed on the Schedule of Uses in Sections 18.03.380 and 18.03.390:

1.

Freestanding CMRS facilities;

2.

Building- or structure-mounted CMRS facilities;

3.

Roof-mounted CMRS facilities; and

4.

Small cell facilities and networks.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Architecture and Compatibility.

1.

Whether manned or unmanned, CMRS facilities shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. Such facilities shall also be compatible with the surrounding natural environment considering land forms, topography, and other natural features. If such facility is an accessory use to an existing use, the facility shall be constructed out of materials that are equal to or better than the materials of the principal use.

2.

All CMRS facilities and equipment should be painted to match as closely as possible the color and texture of the wall, building, or surrounding built environment. Muted colors, earth tones and subdued colors shall be used.

B.

Landscaping.

1.

All CMRS facilities and services equipment may require landscaping that exceeds the normally required levels due to the unique nature of such facilities. Landscaping may therefore be required to achieve a total screening effect at the base of such facilities or equipment to screen the mechanical characteristics. A heavy emphasis on coniferous plants for year-round screening may be required. Plantings used for screening purposes shall be selected from the Town's landscape guidelines referenced in Article 4 of Chapter 18.05.

2.

If a wireless telecommunication services facility or ground mounted wireless telecommunication services equipment has frontage on a public street, street trees shall be planted along the roadway.

3.

Berms are an acceptable screening device. Berms shall feature slopes that allow mowing, irrigation and maintenance.

C.

Lighting. The light source for security lighting shall be high pressure sodium and feature down-directional, sharp cut-off luminaries so that there is no spillage of illumination offsite. Light fixtures, whether freestanding or building or tower-mounted, shall not exceed twenty-two (22) feet in height.

D.

Interference. CMRS services facilities and equipment shall operate in such a manner so as not to cause interference with other electronics such as radios, televisions, computers, etc.

E.

Access Roadways. Access roads must be capable of supporting all of the emergency response equipment.

F.

Airports and Flight Paths. CMRS services facilities and equipment located near airports and flight paths shall obtain the necessary approvals from the Federal Aviation Administration.

G.

Uniform Code Compliance. All CMRS facilities shall conform to the requirements of the International Building Code and the National Electrical Code, as applicable.

H.

Use of Public Rights-of-Way and Easements. As a further condition of placement of conduits serving a CMRS facility in a public right-of-way or easement, the Town may require that the applicant permit the Town, at the Town's sole expense, to lay cable or pull wires in such conduits, for Town public communication purposes.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Height. All freestanding CMRS facilities shall be no taller than the height limit in the relevant zone district, or 35 feet, whichever is less.

B.

Setback. The front yard setback from property lines for freestanding CMRS facilities adjacent to public or private streets shall be a distance equal to one foot for every height of the freestanding facility unless the Director determines the structure would collapse rather than fall, in which case the Director may permit a lesser setback.

C.

Spacing. All freestanding CMRS facilities shall be located at least one thousand (1,000) feet from any other CMRS facility, measured in a straight line between the base of the tower structures.

D.

Lighting. Signals, artificial lights, or illumination shall not be permitted on any antenna or tower unless required by the FCC. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance or visual impacts to the adjacent properties, while maintaining compliance with federal standards.

E.

Security Fencing. Towers shall be enclosed by opaque security fencing of wood, masonry or stucco which measures not less than six feet in height and shall be equipped with an appropriate anti-climbing device or devices. Chain link, including mesh or slats is not permitted.

F.

Landscaping and Screening. No aspect of a freestanding CMRS facility shall be immediately visible as such to the public or from adjacent properties. The Town encourages, but does not require, ground mounted accessory equipment or structures required in support of a freestanding CMRS facility to be fully incorporated into the freestanding antenna facility itself, but only that all such accessory equipment be adequately screened. All landscaping associated with the facility shall be properly maintained at the operator's expense to ensure good health and viability.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Location. All building-mounted CMRS facilities are limited to placement on multifamily residential and nonresidential buildings only.

B.

Height. All building-mounted CMRS facilities may protrude no higher than the parapet wall or the top of the building if no parapet wall is present. A wall antenna may not protrude more than two feet from the building wall.

C.

Screening. All building-mounted CMRS facilities must match the color and texture of the building to which they are attached.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Location. Roof mounted CMRS facilities are limited to placement atop multifamily residential and nonresidential buildings only.

B.

Height. All roof mounted CMRS facilities are limited to fifteen (15) feet (including antenna). In no case shall the total height of the antenna exceed ten (10) feet above the maximum building height in the relevant zone district.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

Ground-mounted accessory equipment and structures that are associated with a freestanding, roof-mounted or building-mounted CMRS facility are subject to the following requirements and shall be evaluated with the associated CMRS facility application:

1.

Ground-mounted accessory equipment shall be subject to the accessory structure setback requirements, if any, in the underlying zone district.

2.

Ground-mounted accessory equipment or buildings containing accessory equipment shall not exceed twelve (12) feet in height.

3.

Ground-mounted accessory equipment not fully enclosed in a building shall be screened from all adjacent residential properties and public rights-of-way by landscaping, fences or architectural features, or by undergrounding.

4.

Buildings containing ground mounted accessory equipment shall be architecturally compatible with the existing structures on the property and the character of the neighborhood.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

The shared use of existing freestanding or roof mounted CMRS facilities shall be preferred to the construction of new facilities in order to minimize adverse impacts associated with the proliferation of towers. The following collocation requirements apply:

1.

No CMRS application shall be approved to construct a new freestanding or roof mounted CMRS facility unless the applicant demonstrates to the reasonable satisfaction of the Town that no existing CMRS facility within a reasonable distance, regardless of municipal boundaries, can accommodate the applicant's needs. Evidence submitted shall consist of one or more of the following:

a.

No existing CMRS facilities are located within the geographic area required to meet the applicant's coverage demands.

b.

Existing CMRS facilities or structures are not of sufficient height to meet the applicant's coverage demands and cannot be extended to such height.

c.

Existing CMRS facilities or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

Existing CMRS facilities or structures do not have adequate space on which proposed equipment can be placed so it can function effectively and reasonably.

e.

The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing CMRS facility, or the antennas on the existing facility would cause interference with the applicant's proposed antenna.

f.

The applicant demonstrates that there are other compelling limiting factors, including, but not limited to, economic factors, that render existing CMRS facilities or structures unsuitable.

2.

No CMRS facility owner or operator shall unreasonably exclude a telecommunication competitor from using the same facility or location. Upon request by the Town, the owner or operator shall provide evidence and a written statement to explain why collocation is not possible at a particular facility or site.

3.

If a telecommunication competitor attempts to collocate a CMRS facility on an existing or approved CMRS facility or location, and the parties cannot reach an agreement, the Town may require a third-party technical study to be completed at the applicant's expense to determine the feasibility of collocation.

4.

Applications for new freestanding CMRS facilities shall provide evidence that the (new) facility can accommodate collocation of additional carriers.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

All building and roof mounted CMRS facilities and small cell networks as defined at Section 18.07.110, shall make application as follows:

1.

Applications for modifications to an existing facility which are not a "substantial change" and are "eligible facilities requests," shall provide the information required in the CMRS facility checklist. The applicant shall not be required to demonstrate a need or business case for the proposed modification or collocation.

2.

All applications for all other building or roof mounted facilities, or to place additional antennas on existing freestanding facilities, shall provide the information required in the CMRS facility checklist.

3.

All applications for a small cell network shall submit the information required in the CMRS facility checklist.

B.

Applications for freestanding CMRS facilities shall be reviewed by the Planning Commission and Board of Trustees as conditional use pursuant to the procedure and review criteria in Section 18.03.320, as well as the criteria of this Section. Applications for freestanding facilities shall provide the information required in the CMRS facility checklist.

C.

Third Party Review.

1.

CMRS service providers use various methodologies and analysis tools, including geographically based computer software, to determine the specific technical parameters of personal wireless services, such as expected coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances, there may be a need for expert review by a third party of the technical data submitted by the personal wireless services provider. The Town may require such a technical review to be paid for by the applicant for the CMRS facility. The selection of the third-party expert may be by mutual agreement between the applicant and Town or at the discretion of the Town, with a provision for the applicant and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to be a site-specific review of technical aspects of the CMRS facility and not a subjective review of the site selection. The expert review of the technical submission shall address the following:

a.

The accuracy and completeness of the submission;

b.

The applicability of analysis techniques and methodologies;

c.

The validity of conclusions reached;

d.

The need for, and if required, the sufficiency of non-ionizing electromagnetic or RF reports submitted by the applicant;

e.

Any specific technical issues designated by the Town.

2.

Based on the results of the third-party review, the Town may require changes to the application that comply with the recommendations of the expert.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 08-2023, § 2(Exh. B), 4-17-2023)

The review of an eligible telecommunication facility request, as defined in Section 18.07.110 shall be subject to the following additional specific procedures:

1.

The Director shall approve an eligible telecommunications facility request that does not substantially change the physical dimensions of an eligible tower or base station.

2.

The Director may approve an eligible telecommunications facility request that substantially changes the physical dimensions of a tower or base station if it complies with the remainder requirements for freestanding CMRS facilities.

3.

The Director may condition the approval of an eligible telecommunications facility request on compliance with generally applicable building, structural, electrical and safety codes or with other laws codifying objective standards reasonably related to public health and safety.

4.

Denial of an eligible telecommunications facility request shall be in writing and shall include the reasons for denial.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

In compliance with federal law and regulations, the Town shall review and act upon all applications within the following time periods:

1.

Within thirty (30) days the Town will give written notice of incompleteness, specifying the code section that requires the information. This halts the remaining deadlines until a complete application is filed.

2.

An eligible telecommunications facilities request shall be approved or denied within sixty (60) calendar days of the date of the Town's receipt of the completed application. The time period may be tolled only by mutual agreement or when application is incomplete.

3.

If the Town fails to approve or deny an eligible telecommunications facility request within sixty (60) calendar days of the date of the Town's receipt of the completed application (accounting for any tolling), the request shall be deemed granted; provided that this automatic approval shall become effective only upon the Town's receipt of written notification from the applicant after the review period has expired (accounting for any tolling) indicating that the application has been deemed granted.

4.

Within ninety (90) days the Town will act on collocation applications that are not a substantial change in the size of a tower, or location or collocation applications for a small cell facility or small cell network, or replacement or modification of the same.

5.

Within one hundred and fifty (150) days the Town will act on applications for new CMRS facilities, collocation applications that are a substantial increase in the size of the tower or substantial increase an existing CMRS facility that are not a small cell facility or small cell network.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Applicable Requirements. Small cell facilities and small cell networks shall comply in all respects with the requirements of this article applicable to all wireless and CMRS facilities, with the following exceptions:

1.

Setback requirements;

2.

Design requirements; and

3.

Location requirements.

B.

Location. Small cell facilities are permitted in Town rights-of-way, upon facilities in these rights-of-way and on public easements owned by the Town under the following order of priority:

1.

First, on a Town-owned utility pole, if any, which shall be removed and replaced with a pole designed to contain all antennae and equipment within the pole to conceal any ground-based support equipment and ownership of which pole is conveyed to the Town.

2.

Second, a Town-owned utility pole with attachment of the small call facilities in a configuration approved by the Town.

3.

Third, on a third-party owned utility pole, (with the consent of the owner thereof), with attachment of the small cell facilities in a configuration approved by the Town.

4.

Fourth, on a traffic signal pole or mast arm in a configuration approved by the Town, or in the case of a CDOT facility, by CDOT.

5.

Fifth, on a freestanding or ground-mounted facility which meets the definition of and requirements for an alternative tower structure in a location and configuration approved by the Town.

C.

Height. All small cell facilities shall not exceed two feet above the light pole, traffic signal or other facility or structure to which they are attached, or the maximum height in the relevant zone district, whichever is less. When new utility poles are proposed as an alternative tower, their height shall be similar to existing utility/light poles in the vicinity.

D.

Spacing. No small cell facility shall be located within one thousand (1,000) feet of any other such facility.

E.

Design. Small cell facilities shall be designed to blend with and be camouflaged in relation to the structure upon which they are located (e.g. painted to match the structure or same material and color as adjacent utility poles). To the greatest degree possible, support equipment shall be located underground.

F.

Relocation and Removal. All facilities in Town right-of-way or easements shall be removed and/or relocated at the applicant's expense in the event the Town's use of the rights-of-way or easement precludes the continued presence of such facilities.

G.

Permitting. All small cell CMRS facilities and networks shall be reviewed pursuant to the procedures set forth in the Municipal Code. Networks shall also make application for a permit for work in the right-of-way. The Town may accept applications for a small cell network, provided each small cell facility shall be separately reviewed. The Town may take up to ninety (90) days to process a complete application.

H.

Indemnification. The operator of a small cell facility which is permitted to locate on a Town right-of-way or easement or on a Town-owned utility pole, traffic signal or other structure owned by the Town, or within a Town-owned right-of-way or easement, shall, as a condition of permit approval, indemnify the Town from and against all liability and claims arising as a result of that location or attachment, including repair and replacement of damaged poles and equipment, in a form approved by the Town Attorney.

I.

Bonding. All permits for location of small cell facilities on real property not owned by the small cell permittee shall include as a condition of approval a bond, in form approved by the Town Attorney, to guarantee payment for any damages to the real property and removal of the facility upon its abandonment.

J.

Permit Expiration. A permit for a small cell facility shall expire nine months after approval unless construction of the permitted structure has been initiated.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

In the event a legally approved use of any CMRS facility has been discontinued for a period of one hundred eighty (180) consecutive days, the facility shall be deemed to be abandoned. Determination of the date abandonment shall be made by the Director who shall have the right to request documentation and affidavits from the facility owner/operator regarding the issue of usage.

B.

At such time as the Director reasonably determines that a CMRS facility is abandoned, the Director shall provide the facility owner/operator with written notice of an abandonment determination by first call mail or e-mail if available. Failure or refusal by the owner/operator to respond to the notice within sixty (60) days of mailing of such notice shall constitute evidence that the facility has been abandoned. Upon such notice of abandonment, the facility owner/operator shall have an additional sixty (60) days within which to:

1.

Reactivate use of the facility or transfer the facility to another owner who makes actual use of the facility; or

2.

Dismantle and remove the facility. If such facility is in not removed within said sixty (60) days from the date of abandonment the Town may remove such facility, in accordance with applicable law, at the facility owner's and property owner's expense. If there are two or more users of a single facility, this provision shall not become effective until all users cease using the facility.

C.

All CMRS providers shall notify the Town whey they place the FCC on notice, via the filing of FCC form 489, that a specific CMRS facility is being discontinued. In the event the property owner fails, within thirty (30) days after billing, to pay for the cost and expenses of removal the Town may assess a lien against the property for such costs which may be certified to the County Treasurer for collection in the same manner as real property taxes under C.R.S. §§ 31-20-105 and 106. The lien created hereby shall be superior and prior to all other liens excepting liens for general and special taxes.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Communication/satellite dishes may be located on any property as an accessory use thereto, providing they meet the following criteria:

1.

The diameter of the dish cannot exceed five feet except for a dish(es) for a non-residential use, or as permitted by Federal regulations.

2.

The mounting post for the dish cannot exceed in height the radius of the dish.

3.

The installation of the dish must be in compliance with any and all state and federal regulations.

4.

The dish must be located to the rear of any residence on a residential lot and in the rear one-half of any lot zoned for any other use.

5.

The dish must meet all setback requirements for an accessory structure.

B.

Amateur Radio Antennas. The standards of this subsection B apply to amateur ("HAM") radio antennas. These standards are not applicable to facilities that are used for commercial purposes or the provision of personal wireless telecommunication services to people who do not reside on the lot on which the antenna is located. Amateur radio antennas are permitted if the following standards are met:

1.

Height:

a.

Amateur radio antennas, if attached to a building or mounted on a mast may not:

i.

Extend more than ten (10) feet above the highest peak of the roof, or

ii.

Exceed the maximum building height in the relevant zone district.

b.

Such antennas located in free-standing configurations may not exceed the maximum height limit in the relevant zone district.

2.

Setback: Amateur radio antennas not located upon or attached to a building shall be located on the subject property at a distance from the exterior boundaries thereof which equals or exceeds the height of the antenna itself.

3.

Antennas no longer in use shall be promptly removed.

4.

Where feasible, all cabling must be run internally (or underground, as appropriate), securely attached and as inconspicuous as practicable.

5.

Support structures that are not attached to the antenna structure shall be treated as accessory structures for purposes of height, setbacks and screening.

Requests for variances to these standards, if necessary to render the antenna operable, must be approved by the Board of Adjustment pursuant to the procedures in Chapter 18.01, Article V.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

For purposes of this article, terms used in this article that are not defined below but which are defined in the regulatory act or in the regulations promulgated by the state licensing authority within the Colorado Department of Revenue under the regulatory act, shall have the meanings defined by the regulatory act and the state licensing authority regulations; the following terms shall have the following meanings:

"Natural medicine" means psilocybin of psilocyn and other substances described in the regulatory act as "natural medicine."

"Natural medicine business" means any of the following entities licensed under the regulatory act and includes a natural medicine healing center, a natural medicine cultivation facility, a natural medicine products manufacturer, or a natural medicine testing facility, or any other licensed entity created by the state licensing authority.

"Natural medicine cultivation facility" means a location where regulated natural medicine is grown, harvested, and prepared to be transferred and distributed to either a healing center, facilitator, a natural medicine products manufacturer, or to another natural medicine cultivation facility as defined by regulations promulgated by the Colorado Department of Revenue under the regulatory act.

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

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

"Natural medicine products manufacturer" means a person or entity who manufactures regulated natural medicine products for transfer to a healing center, facilitator, or to another natural medicine products manufacturer as defined by regulations promulgated by the Department of Revenue under the regulatory act.

"Natural medicine services" means a preparation session, administrative session, and integration session.

"Natural medicine testing facility" means a public or private laboratory licensed or approved by the Natural Medicine Division of the Colorado Department of Revenue to perform testing and research on regulated natural medicine and regulated natural medicine product.

"Participant" means an individual who is twenty-one (21) years of age or older who receives natural medicine services prescribed by and under the supervision of a facilitator, as provided by the regulatory act.

"Regulatory Act" means the Colorado Natural Medicine Code, as codified in Article 50, Title 44, Colorado Revised Statutes.

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

"Regulated natural medicine product" means a natural medicine product that is cultivated, manufactured, tested, stored, distributed, transported, or disposed, as provided by the regulatory act.

"State licensing authority" means the authority created under the regulatory act for the purpose of regulating and controlling the licensing of the cultivation, manufacturing, testing, storing, distribution, transfer, and dispensation of regulated natural medicine and regulated natural medicine product.

(Ord. No. 24-2024 meeting, § 3, 12-16-2024)

Natural medicine business may be permitted by conditional use review in the commercial center (CC) zone district, subject to the distance requirements and the time, place, and manner requirements contained in this article. Natural medicine businesses are prohibited in all other zoning districts in the Town, including the Regency Park overlay zone district and Planned Unit Development zone districts.

(Ord. No. 24-2024 meeting, § 3, 12-16-2024)

A.

No natural medicine business shall operate out of a building that is within one thousand (1,000) feet of a childcare center; preschool; elementary, middle, junior or high school; residential child care facility (collectively "school"), single- family dwellings, duplexes, or multi-family dwellings (collectively "residential dwellings").

B.

Subsection (a) above does not apply to a licensed natural medicine business located on land owned by the State of Colorado or apply to a natural medicine business that was actively doing business under a valid license issued by the state licensing authority before the school or residential dwelling was constructed.

C.

The distances referred to in this section shall be computed by direct measurement from the nearest property line of the land used for a school or facility to the nearest portion of the building in which natural medicine business is located, using a route of direct pedestrian access.

(Ord. No. 24-2024 meeting, § 3, 12-16-2024)

Natural medicine businesses shall only operate between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday and shall not operate on any federal holiday.

(Ord. No. 24-2024 meeting, § 3, 12-16-2024)

All doorways, windows, and other openings of natural medicine business buildings shall be located, covered, or screened in such a manner to prevent a view into the interior from any exterior public or semipublic area. All activities of natural medicine businesses shall occur indoors.

(Ord. No. 24-2024 meeting, § 3, 12-16-2024)

Primary entrances, parking lots, and exterior walkways of natural medicine businesses shall be clearly illuminated with downward facing security lights to provide after-dark visibility for facilitators, participants, and employees.

(Ord. No. 24-2024 meeting, § 3, 12-16-2024)

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

(Ord. No. 24-2024 meeting, § 3, 12-16-2024)

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

(Ord. No. 24-2024 meeting, § 3, 12-16-2024)

Natural medicine businesses shall provide secure disposal of natural medicine and natural medicine product remnants or by-products, such as to prevent disposed products and by-products from being accessed or consumed by any person other than those persons being treated by the business. Natural medicine and natural medicine product remnants or by-products shall not be placed within the facilities' exterior refuse container.

(Ord. No. 24-2024 meeting, § 3, 12-16-2024)

A.

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

B.

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

C.

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

D.

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

(Ord. No. 24-2024 meeting, § 3, 12-16-2024)

It is unlawful and deemed a nuisance under Chapter 8.04 of this Code to dispose of, discharge out of or from, or permit to flow from any facility associated with natural medicine, any foul odor, foul or noxious liquid or substance of any kind whatsoever, including, without limitation, by-products of the natural medicine process, into or upon any adjacent ground or lot, into any street, alley, or public place, or into any storm sewer and/or system in the Town.

(Ord. No. 24-2024 meeting, § 3, 12-16-2024)

Any natural medicine business in violation of the provisions of this article shall be subject to enforcement pursuant to Chapter 2.36 of the Monument Municipal Code, provided however, actions and conduct permitted pursuant to a license, registration, or permit issued by the state licensing authority under the Regulatory Act, shall not constitute a violation of this article.

(Ord. No. 24-2024 meeting, § 3, 12-16-2024)

A construction permit shall be required for development of direct current fast charging (DCFC) electric vehicle (EV) charging stations. DCFC EV charging stations provide fifty (50) to three hundred fifty (350) plus+ kW of power per hour or more and use a 480V three-phase outlet. Level 1 EV charging stations, those that provide about one to two kW of power per hour and use a 120V outlet, and Level 2 EV charging stations, those that provide about seven to nineteen (19) kW of power per hour and use a 240V outlet shall be permitted as uses by right in all zone districts, subject to the process and standards for accessory uses and structures described in Section 18.03.340.

(Ord. No. 24-2025 meeting, § 2(Exh. A), 12-1-2025)

All applications for development of DCFC EV charging stations and equipment, which development may include other supporting site improvements like landscaping, lighting, or weather protection, shall require site plan approval in accordance with Section 18.03.150.

(Ord. No. 24-2025 meeting, § 2(Exh. A), 12-1-2025)

DCFC EV charging stations are not permitted as a principal use in residential zoning districts and are permitted as a conditional use in accordance with Section 18.03.302 in the Mobile Home Park District, Downtown Business District, Commercial Center District, Business Campus District, Light Industrial District, Public District, Planned Unit Development Zoning Districts, and Regency Park Overlay Zone Districts.

DCFC electric vehicle charging stations are permitted as a use by right, subject to approval of a site plan per Section 18.03.150, in the Mobile Home Park District, Downtown Business District, Commercial Center District, Business Campus District, Light Industrial District, Public District, Planned Unit Development Zoning Districts, and Regency Park Overlay Zone Districts. When an application for EV Charging Project is an accessory use to an existing principal use, site plan review shall be limited to the proposed improvements, unless the Town determines that the proposed improvements will cause a nonconformance with the Code, or exacerbate a nonconformance with this Code, in which event the site plan review shall be for the entire property.

(Ord. No. 24-2025 meeting, § 2(Exh. A), 12-1-2025)

Any parking space served by an EV charging station shall meet the requirements of Section 18.05.245 and shall count towards the total required off-street parking spaces as provided in Section 18.05.245.

(Ord. No. 24-2025 meeting, § 2(Exh. A), 12-1-2025)

Any van-accessible parking space that is designated to accommodate a person in a wheelchair, is served by an EV charging station, and is not designated as parking reserved for a person with a disability under Section 42-4-1208 C.R.S. must be counted as at least two standard automobile parking spaces towards applicable parking minimums.

(Ord. No. 24-2025 meeting, § 2(Exh. A), 12-1-2025)

The design of parking spaces and parking access shall comply with Section 18.05.250 and the US Access Board Design Recommendations for Accessible Electric Vehicle Charging Stations or any applicable accessibility regulations issued by the federal Department of Justice or Department of Transportation, or in state statute.

(Ord. No. 24-2025 meeting, § 2(Exh. A), 12-1-2025)

EV charging stations that are an accessory use shall be permitted within designated setbacks of a lot, as long as there are no encroachments into existing easements or right-of-way, and the placement of an EV charging station does not violate any other requirement of the Code, including, but not limited to, Section 18.05.190.

(Ord. No. 24-2025 meeting, § 2(Exh. A), 12-1-2025)

Subject to site plan approval, the appearance, materials, and dimensions of EV charging stations shall be determined by current EV charging manufacturing standards and utility design standards. Digital displays shall comply with the lighting standards found in Chapter 18.05. There shall be no audio associated with EV Charging equipment, charging stations, or displays.

(Ord. No. 24-2025 meeting, § 2(Exh. A), 12-1-2025)

Screening for Accessory Use EV Charging Projects shall not be required except in the following circumstances:

A.

Screening may be required for EV charging stations located along the perimeter of a lot and shall comply with screening requirements set forth in Section 18.05.180.

B.

Screening may only be required along the length of the EV charging station and parallel to the property line between the EV charging station and the adjacent property.

C.

Screening dimensions shall be determined based upon the size and length of the EV charging station.

D.

Screening materials shall be the same materials and be compatible with the principal use, walls, fencing or landscaping materials or a combination of all, so long as there are no encroachments into any right-of-way or easements.

E.

Any applicant may request an exception to screening requirements by demonstrating in their application that site-specific conditions negate the need for visual separation, which will be reviewed by the Director.

(Ord. No. 24-2025 meeting, § 2(Exh. A), 12-1-2025)