The following words, terms and phrases when used in these regulations shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abutting means touching. An abutting condition shall not be affected by the division of land that results in an incidental, non-buildable, remnant lot, tract or parcel.

Accessory Dwelling Unit means an internal, attached, or detached dwelling unit that provides complete independent living facilities for one or more individuals, is located on the same lot as a proposed or existing primary residence, and includes facilities for living, sleeping, eating, cooking, and sanitation.

Accessory Building or Structure means a building or structure on the same lot with the building or structure housing the principal use, but housing a use customarily incidental and subordinate to the principal use.

Accessory Use means a use naturally and normally incidental to, subordinate to and devoted exclusively to the principal use of the premises.

Adjacent means nearby, but not necessarily touching. Adjacency shall not be affected by the existence of a platted street or alley, a public or private right-of-way, or a public or private transportation right-of-way or area.

Alley means a public or private way permanently reserved as a secondary means of access to abutting property.

Alteration means change in the size or shape of an existing sign. Copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration.

Amateur Radio Antennas means antennas which the Federal Communications Commission ("FCC") has designated as "over-the-air-reception-devices," which are typically associated with residential uses, which are generally referred to as amateur ("HAM") radio antennas, and which do not include facilities 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 (CMRS facilities).

Animated means the use of movement or change of lighting to depict action or to create a special effect or scene.

Apartment means a part of a building consisting of a room or rooms intended, designed, or used as a residence by an individual or a single family.

Appeal means a request for a review of a Town staff interpretation of any provision of this title or a request for a variance.

Applicant, used interchangeably with the term "developer", means the owner of land or his or her representative who is responsible for any undertaking that requires review and approval under these regulations.

Approval means the approval by formal action of the Town Staff, Planning Commission, Board of Trustees or Board of Adjustment as assigned by Table 1.1, for a land use, land use change, or development, and subject to such conditions and limitations as are imposed as a part of that approval.

Architectural Features or Treatments mean finished elements of a building that define a structure's architectural style and physical uniqueness, including, but not limited by windows, doors, trim, and ornamental features.

Area of Special Flood Hazard means land in a floodplain subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Insurance Rate Map (FIRM). After detailed ratemaking has been completed in the preparation for publication of the FIRM, Zone A usually is redefined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH or AR/A. For purposes of Section RBC313 of the Pikes Peak Regional Building Department's Flood Code, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard".

Assisted Living Facility or Nursing Home means an establishment, other than a hospital, licensed by the state, which operates and maintains continuous day and night facilities providing room and board, personal service, and skilled nursing care.

Bank means a financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions, such as making loans, investments, and fiduciary activities.

Banner. See definition for fabric sign.

Banner, Wave. Wave banner means a type of temporary fabric sign consisting of cloth, bunting, canvas or similar fabric, attached to a single vertical support structure with color, words, patterns or symbolic logos for display. Also known as a feather banner, flying banner or a teardrop banner sign.

Bar/Tavern means an area or structure primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

Base Station means a structure or equipment, other than a tower, at a fixed location that enables FCC licensed or authorized wireless communications between user equipment and a communications network.

The term includes any equipment associated with wireless communications services, including radio receivers, antennas, coaxial or fiber optic cable, regular and backup power supplies and comparable equipment, regardless of technological configuration (inclusive of Distributed Antenna Systems and small cell networks). The term also includes any structure, other than a tower, to which any of the equipment described herein is attached.

Batch Plant means a facility for mixing or combining of materials to produce concrete or asphalt.

Bed and Breakfast Inn mean an establishment operated in a private residence, or portion thereof, where short-term lodging rooms and meals are provided for a fee and which is occupied by the operator of such establishment.

Block means land or a group of lots, surrounded by streets or other rights-of-ways other than an alley, or land which is designated as a block on any recorded subdivision tract.

Board of Trustees means the elected board of trustees of the Town of Monument.

Boarding and Rooming House means a building or portion thereof which is used to accommodate, for compensation, five or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building.

Buffer means open spaces, landscaped areas, fences, walls, berms, or any combination thereof, used to visually cushion and provide a physical separation between adjacent structures or uses.

Building means any structure built for the shelter or enclosure of persons, animals, chattels or property or substances of any kind, excluding fences.

Building Frontage means the horizontal, linear dimension of that side of a building which abuts a street, parking area, plaza, alley or other circulation area open to the general public.

1.

Where more than one use occupies a building, each such use having a public entrance or main window display for its exclusive use shall be considered to have its own building frontage, which shall be the front width of the portion of the building occupied by that use.

2.

In the case of a corner or double-frontage lot, the building frontage may be either of the street frontages, but not both, at the option of the property owner or lessee.

Building Height means the vertical distance above a reference datum measured to the highest point of a flat roof or deck line of a mansard roof or the midpoint of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

1.

The point of the lowest preconstruction elevation on any building face. The owner shall have the burden of proving pre-construction elevation.

2.

The point of the lowest elevation of any building face.

3.

The elevation of the lowest point of an exposed foundation or a wall.

Building Materials and Lumber Sales means an establishment for the sale of materials, hardware and lumber customarily used in the construction of buildings and other structures, which includes facilities for storage.

Car Wash means a facility for the cleaning of automobiles, providing either self-serve facilities or employees to perform washing operations.

Caretaker Quarters means an accessory dwelling unit on a nonresidential property occupied by the person who oversees or guards the operation.

CDOT means the Colorado Department of Transportation.

Cemetery means land used or dedicated to the interment of human or animal remains, including columbaria, mausoleums, mortuaries and associated maintenance facilities when operated in conjunction with, and within the boundaries of, such cemetery.

Check-Cashing Facility means an establishment that for compensation engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification does not include a State or Federally chartered bank, savings association, credit union, or industrial loan company. Further, this classification does not include establishments selling consumer goods, including consumables, where the cashing of checks or money orders is incidental to the main purpose of the business.

Child Care means facilities that provide care for children on a regular basis away from their primary residence. This category does not include public or private schools or facilities operated in connection with an employment use, shopping center, or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity.

Child Care Center, Large means a facility that is maintained for the whole or part of the day for the care of sixteen (16) or more children who are eighteen (18) years of age or younger and who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as day care centers, school-age child care centers, before and after school programs, nursery schools, kindergartens, preschools, day camps, summer camps, and centers for developmentally disabled children and those facilities that give twenty four (24) hour care for children and includes those facilities for children under the age of six years with stated educational purposes operated in conjunction with a public, private or parochial elementary school system of at least six grades or operated as a component of a school district's preschool program operated pursuant to Article 28 of Title 22, Colorado Revised Statutes. The term shall not include any facility licensed as a family care home or foster care home.

Child Care Center, Small means the same type of facility defined as large child care center above, except that the facility cares for more than five, but less than sixteen (16) children.

Clearance means the distance between the bottom of a sign elevated above the ground and the ground below.

Clinic means a facility that is established primarily to furnish outpatient medical services.

Clinic, Small Animal. Small animal clinic means a building and its appurtenant structures where veterinary practice is being conducted for cats, dogs, fowl, reptiles and other small domestic animals by or under the direct supervision of a veterinarian licensed by the state.

Club, Lodge or Service Organization means an association of persons, whether incorporated or unincorporated, for some common purpose but not including groups organized primarily to render a service carried on as a business. The consumption of marijuana and/or marijuana-related products within this use are prohibited.

Color Rendering Index (CRI) means the measured effect of light on objects. To determine the CRI of a lamp, the color appearances of a set of standard color chips are measured with special equipment under a reference light source with the same correlated color temperature as the lamp being evaluated. If the lamp renders the color of the chips identical to the reference light source, the CRI is one hundred (100). If the color rendering differs from the reference light source, the CRI is less than one hundred (100). A low CRI indicates that some color may appear unnatural when illuminated by the lamp.

Commercial Mobile Radio Service (CMRS) Accessory Equipment means equipment, including unmanned cabinets, used to protect and enable operation of radio switching equipment, back-up power and other devices, but not including antenna, that is necessary for the operation of a CMRS facility.

1.

Ground-mounted CMRS accessory equipment means equipment, including unmanned cabinets, located on or beneath the ground, used to protect and enable operation of radio switching equipment, back-up power and other devices, but not including antenna, that is necessary for the operation of a CMRS facility including base stations.

Commercial Mobile Radio Service (CMRS) Facility means an unmanned building or structure consisting of equipment for the reception, switching and transmission of wireless telecommunications, including, but not limited to, personal communications service (PCS), enhanced specialized mobile radio (ESMR), paging, cellular telephone and similar technologies.

1.

Building or Structure-Mounted CMRS Facility means a CMRS facility in which antenna are mounted to an existing structure (e.g., water tower, light pole, steeple, etc.) or building face, but excluding roof-mounted facilities.

2.

Freestanding CMRS Facility means a CMRS facility that consists of a stand-alone support facility or tower (monopole and/or lattice structure), antennae, and associated equipment.

3.

Microcell Facility means a form of a small cell CMRS facility used to provide increased capacity in high-call demand areas or to improve coverage in areas of weak coverage that is no larger in dimensions than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that has an exterior antenna, if any, that is no more than eleven (11) inches in length.

4.

Roof-Mounted CMRS Facility means a CMRS facility in which antenna are mounted on an existing building roof.

5.

Small Cell Facility means a wireless service facility that is either a microcell facility, as defined in this section, or meets both of the following qualifications:

a.

Each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and

b.

Primary equipment enclosures are not larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: Electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

6.

Small Cell Network means a collection of interrelated small cell facilities designed to deliver wireless service.

Community Facility means uses that include buildings, structures, or facilities owned, operated, or occupied by a non-profit or governmental agency to provide a service to the public. Specific use types include, but are not limited to: municipal buildings, post office or public safety station.

Community Recreational Facilities means indoor and outdoor structures or areas for community recreation to include, but not be limited to, swimming pools, tennis courts, facilities for other indoor or outdoor recreational activities together with incidental restaurants, lounges, shops and personal service establishments.

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

Comprehensive Plan means the Comprehensive Plan as adopted by the Town, and which includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

Compensation means money, services or other things of value.

Conditional Use means a use permitted in a zoning district only if reviewed and approved as a conditional use in accordance with the procedures of Section 18.03.320 of this title.

Condominium means a type of ownership which consists of a separate fee simple estate in an individual airspace unit of a multi-unit property, together with an undivided fee simple interest in common elements.

1.

Individual Air Space means any enclosed room or rooms occupying all or part of a floor in a building of one or more floors to be used for residential, professional, commercial or industrial purposes and capable of and intended to be conveyed as separate interests in real property.

2.

Common Elements, unless otherwise provided in the declaration or by written consent of all the condominium owners, means the land or the interest therein on which a building or buildings are located; the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of such building or buildings; the basements, yards, gardens, parking area and storage spaces; the premises for lodging of custodians or persons in charge of the property; installations of central services such as power, light, gas, water, heating, refrigeration, central air conditioning and incinerating; the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use; such community and commercial facilities as may be provided for in the declaration; and all other parts of the property necessary or convenient to its existence, maintenance or safety in common use.

3.

Condominium Unit means an individual air space unit, together with the interest in the common elements appurtenant to such unit.

4.

Declaration means an instrument which defines the character, duration, rights, obligations and limitations of condominium ownership.

Construction Permit means a permit issued by the Town for any site, building or infrastructure construction activity.

Contractor's Shop or Storage Yard means a building or part of a building or land area for the construction or storage of materials, equipment, tools, products, and vehicles.

Convenience Store means a retail establishment with a gross floor area of less than five thousand (5,000) square feet, which sells a limited line of groceries and household items, gasoline, or beer and wine generally intended for the convenience of the neighborhood.

Copy means the wording, symbols, figures or images on a sign.

Copy, Change of means replacement or alteration to any portion of a sign that includes copy. This includes any change that alters the script, size, color or arrangement of copy on a sign face, or replacement of a sign face. This does not include any change to changeable copy, such as electronic message centers and marquee signs.

Correctional Facility means a facility for the purpose of incarcerating and rehabilitating offenders.

Cultural Facility means a cultural facility which displays or preserves objects of interest or provides facilities for one or more of the arts or sciences. Specific use types include, but are not limited to: library, museum, or zoo.

Dedication means an appropriation of land to some public use, made by the owner and by which the owner reserves no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

Density means the ratio of the number of dwelling units per gross acre of the entire development parcel.

Developer, used interchangeably with the term "applicant", means the owner of land proposed for development or his or her representative, who is responsible for any undertaking that requires review and approval under these regulations.

Development means any change in the use of land or improvements thereon, including, but not limited to:

1.

The construction, enlargement, reconstruction or renovation of any improvements which require a building permit.

2.

A change in use or intensity of use on the land, or within a structure.

3.

The placement of temporary structures on the land.

4.

Site clearance, removal or addition of vegetation, grading, dredging, mining, drilling, cut and fill activities, dumping soil or other materials, removal of soil or contouring of a site.

Notwithstanding the foregoing, the following shall not be deemed to constitute development:

1.

Normal maintenance and repair of improvements which do not involve a change in use or intensity of use.

2.

Nonstructural interior improvements when they have no effect on the square footage of the existing improvements and are not associated with a change of use.

Director means the chief administrative officer of the Planning Department.

Distillery means a commercial facility for the manufacture, blending, fermentation, processing, and packaging of alcoholic liquor other than wine or beer. A distillery may include a tasting room as defined in this chapter.

Distribution Facility means a facility often utilizing cross docking to move goods in and out quickly: a facility that is used for receipt, temporary storage, and redistribution of goods according to orders as they are received serving as a bridge between the supplier and its customers.

Dormitories mean residential buildings occupied by and maintained exclusively for students affiliated with an academic or vocational institution, including, but not limited to, fraternities, sororities, and resident halls.

Drive-Through or Drive-Up Service means a business designed to permit customers to remain in their motor vehicles while being accommodated by the business.

Driveway means a private access way which is open to the general public, including but not limited to, business invitees and patrons of the owner of such access way or such owner's tenant. Driveway does not include private access ways to be used for emergency access and maintenance purposes only, to which access by the general public is prohibited.

Dwelling, Live/Work. Live/work dwelling means a building or space within a building combining a residential living space with an integrated workspace used regularly by one or more of the residents of the dwelling unit. Examples of a live/work dwelling include, without limitation, a limited business operating on the first floor of a primary residence, or a loft space within a building originally designed for commercial or industrial occupancy that has been remodeled to include a dwelling unit integrated with work space. A live/work dwelling is not considered a home occupation as defined in this chapter.

Dwelling, Multifamily. Multifamily dwelling means a residential building containing three or more dwelling units, each of which are attached to each other by party walls without openings. The term is intended primarily for such dwelling types as an apartment.

Dwelling, Single-Family. Single-family dwelling means a residential building designed exclusively for occupancy by one family.

Dwelling, Single-Family Detached. Single-family detached dwelling means a single-family dwelling surrounded entirely by open space on the same lot. This shall include housing that is built to the National Manufactured Housing Construction and Safety Standards Act of 1974 known as manufactured housing.

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

Dwelling Unit means one room or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy or for rental or lease on a monthly or longer basis, physically separated from any other rooms or dwelling units which may be in the same structure. The term shall not include hotels, motels or other structures used primarily for temporary occupancy.

Easement means authorization by a property owner for another to use the owner's property for a specified purpose. Authorization is generally established in a real estate deed or on a recorded plat.

Eligible Telecommunications Facility request means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station and that involves the collocation of new transmission equipment, the removal of transmission equipment or the replacement of transmission equipment.

Equipment Sales and Service, Heavy means a facility that is engaged in the sales, repair or rental of heavy equipment including, but not limited to, tractors, semi-trucks or trailers, harvesters, loaders and all tracked vehicles.

Equipment Sales and Service, Light means a facility that is engaged in the sales, repair or rental of light equipment including, but not limited to, appliances, gardening tools, sewing machines, vacuum cleaners, other products customarily associated with domestic residential uses.

Essential Services mean services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include gas, electrical, and telephone service. They include stormwater drainage including drains, pipes, catch basins, culverts, detention ponds, and appurtenant structures. They include sanitary sewage including mains, drains, vaults, and treatment facilities. They include municipal water system facilities including water wells, water storage tanks, treatment facilities, mains, pumps, lift stations, hydrants, and appurtenant structures. They include communications systems and accessories thereto including underground wires. They also include traffic signals, police call boxes, fire alarm boxes, and appurtenant structures.

Essential Services by special review means above ground electrical distribution and transmission lines except as the same may be permitted by applicable franchise, state or federal regulation.

Extended-Stay Lodgings mean a hotel or motel typically rented or hired out for periods of one week or more that also provides kitchen facilities with refrigerators, stoves, and ovens for food preparation in individual rooms.

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

FCC means the Federal Communications Commission.

Family means an individual or two or more persons related by blood or marriage, or a group of not to exceed five unrelated persons (excluding servants) living together as a single housekeeping unit in a dwelling unit.

Family Child Care Home means a facility regulated by 12 Colo. Code Regs. § 2509-8 (as exists or may be amended) and licensed by the State for child care in a place of residence of a family or person for the purpose of providing less than twenty-four-hour care for children under the age of eighteen (18) years who are not related to the head of such home; provided that:

1.

Care may be provided for up to six children from birth to thirteen (13) years of age with no more than two children under two years of age. This does not prohibit the care of children with special needs ages thirteen (13) to eighteen (18);

2.

Care may also be provided for no more than two additional children of school age attending full-day school. School-age children are children enrolled in a kindergarten program a year before they enter the first grade and children six years of age and older; and

3.

Residents of the home under twelve (12) years of age who are on the premises and all children on the premises for supervision are counted against the approved capacity.

Family Child Care Home, Large means a family child care home that provides care for seven to twelve (12) children.

1.

Child care may be provided to children from birth to eighteen (18) years of age. The provider needs an assistant when the ninth child arrives at the facility.

2.

Care may be provided to no more than two children under two years of age.

Farmers or Artisan's Market means an area that is used by one or more farmer's, artisan's and other approved vendors primarily for the direct sale to consumers of agricultural or homemade products that are not produced on the same premises as the market.

Fence means an enclosure, a barrier, or a boundary, usually made of posts or stakes joined together by boards, wire, or rails. Walls serving as such made out of materials such as concrete, stone, stucco, etc., shall also be considered to function as a fence and shall be subject to the fence regulations. Temporary vinyl fencing for erosion control or to delineate a construction site or other similar materials or fencing as determined by the Director shall not be classified as fencing that requires a permit.

Fitness Center mean a facility primarily featuring equipment for exercise and other active physical fitness conditioning or recreational sports activities, such as weight-lifting, swimming, racquet sports, aerobic dance and yoga.

Fixture means luminaire.

Flag means a fabric device similar to and including national and state flags, designed to be attached to a flagpole.

Flagpole means a pole, either building-mounted or freestanding, that is used for displaying a flag.

Flashing means a pattern of changing light illumination where the sign illumination alternates suddenly between fully illuminated and fully non-illuminated for the purpose of drawing attention to the sign.

Foot Candle means a quantitative measure of light falling on a given surface equal to one lumen per square foot.

Freeway-Oriented means located on a legal parcel of real property which abuts the right-of-way line of Interstate 25 and which is oriented toward the interstate highway.

Freight Yard means an area or building where cargo is stored and where trucks, including tractors and trailer units, load, and unload cargo on a regular basis. The use may include facilities for the temporary storage of loads prior to shipment. Direct distribution to consumers does not occur.

Fulfillment Center [means a facility] used for receiving, temporary storage, and distribution of e-commerce goods near the customer base, according to orders as they are received. Activities include receiving inventory, generating pick and picking products, kitting, and assembling items, packing boxes, labeling shipments, shipping order, and managing returns. One-stop fulfillment site for e-commerce, with services like order processing and prep, quality checking, shipping, and receiving and dealing with returned e-commerce goods.

Full Cut-Off Type Fixture means a luminaire or light fixture that, by design of the fixture housing, does not allow any light dispersion or direct glare to shine above a ninety (90) degree, horizontal plane from the base of the fixture.

Funeral Parlor or Mortuary means a place for the storage of deceased human bodies prior to burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

General Retail means a commercial enterprise that provides goods, products, or materials directly to the consumer. This includes uses such as art galleries, appliance stores, bakeries, bookstores, clothing stores, food stores, grocers, caterers, pharmacies, florists, furniture stores, hardware stores, liquor stores, pet stores, toy stores, and variety stores. This use type shall not include restaurants, personal service establishments, or convenience stores.

Glare or Disability Glare means the direct light emitting from a luminaire that causes reduced vision, or the sensation of annoyance, discomfort, or loss in visual performance and visibility.

Golf Course means a tract of land laid out with a course having nine or more holes for playing the game of golf. This term shall not include miniature/putt-putt courses as a principal or accessory use, nor shall it include golf driving ranges that are not accessory to a golf course.

Grade means the finished ground level, measured as the average of the center of all walls of a building or structure. In case building walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

Gross Floor Area means the sum of the gross horizontal areas of the floors of a building, including interior balconies and mezzanines, but excluding exterior balconies. All horizontal dimensions of each floor are to be measured by the exterior faces of walls of each such floor, including the walls of roofed porches having more than one wall. Gross floor area includes the floor area of every building on the same lot, measured the same way. In computing gross floor area there shall be excluded the following:

1.

Any floor area devoted to mechanical equipment serving the building;

2.

Any floor area used exclusively as parking space for motor vehicles; and

3.

Any floor area which serves as a pedestrian mall or public access way to shops and stores.

Group Home for the Handicapped or Disabled means a state-licensed home for eight or fewer persons with mental or physical impairments which substantially limit one or more major life activities and including such additional necessary persons required for the care and supervision of the permitted number of handicapped or disabled persons. "Handicap" and "disability" have the same legal meaning. A person with a disability is any person who has a physical or mental impairment that substantially limits one of more major life activities; has a record of such impairment; or is regarded as having such an impairment. A physical or mental impairment includes, but is not limited to, hearing, visual, and mobility impairments, alcoholism, drug addiction, mental illness, mental retardation, learning disability, head injury, chronic fatigue, HIV infection, AIDS, and AIDS Related Complex. The term "major life activity" may include seeing, hearing, walking, breathing, performing manual tasks, caring for oneself, learning, speaking, or working. Group homes for handicapped or disabled persons, as they relate to recovering (not currently using) alcoholics and persons with drug addictions, may also be known as sober living arrangements.

Group Home, Other means a state-licensed home for eight or fewer persons that is for purposes other than those defined as a Group home for the handicapped or disabled.

Heavy Industrial means uses engaged in the basic processing of and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of or manufacturing processes using toxic, flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions or commonly recognized offensive conditions. Heavy industrial also means those uses engaged in the cleaning of equipment or work processes involving solvents, solid waste or sanitary waste transfer stations, recycling centers, and container storage. A batch plant as defined in this chapter is also considered a heavy industrial use.

Home Occupation means a business that is conducted from a dwelling unit by a resident of the dwelling unit, which is limited in extent and incidental to the use of the dwelling unit as a residence. A home occupation does not include a bed and breakfast, family care home or a live/work dwelling as defined in this chapter.

Horizontal Illuminance means the measurement of brightness from a light source, usually measured in foot candles or lumens, which is taken through a light meter's sensor at a horizontal position.

Hospital means any building or portion thereof used for the accommodation and medical care of the sick, injured or infirm persons, but not including clinics, nursing homes, or assisted living facilities.

Hotel or Motel means commercial lodging facilities that provide guest rooms. A motel is typically arranged so that individual guest rooms are directly accessible from an automobile parking area. A hotel or motel includes extended stay lodgings as defined in this chapter. A hotel or motel does not include a bed and breakfast inn as defined in this chapter.

Improvement means any manmade, immovable item which becomes part of, is placed upon or is affixed to real estate.

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

Junkyard and Dumping Grounds mean an open area, which may or may not be fully or partially enclosed by a fence or wall, where any waste, junk, used or second-hand materials are bought, sold, exchanged, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. Also includes an auto wrecking yard or the storage or keeping of one or more motor vehicles (except where otherwise specifically permitted) but does not include such uses established entirely within enclosed buildings. A legally existing "auto storage yard" as defined herein shall not be considered a "junkyard." Junkyard and dumping grounds shall be regulated pursuant to the provisions of Chapter 8.12 of this Code.

Kennel means any premises, building or structure in which four or more animals of more than four months of age are harbored, and which is not a small animal clinic.

Kiosk means a stationary structure intended to be temporarily affixed to the ground within which goods or services are prepared, processed, stored, and/or sold.

Lamp or Bulb means the light-producing source installed in the socket portion of the luminaire.

Landscaping means the finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment may also include the use of logs, rocks, fountains, water features and contouring of the earth.

Legal Description means a written metes and bounds description of the boundary of a parcel of real property by a professional land surveyor, or a written lot, block or tract description contained on a recorded plat for the purpose of perpetuating location and title.

Library means a permanent facility for storing and loaning books, periodicals, reference materials, audio tapes, video tapes, and other similar media. A library may also include meeting rooms, offices for library personnel, and similar support facilities.

Light Manufacturing means the assembly, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place, where such processes are housed entirely within a building; or where the area occupied by outdoor storage of goods and materials used in the assembly, fabrication, or processing does not exceed twenty-five (25) percent of the floor area of all buildings on the lot.

Light Source includes neon, fluorescent or similar tube lighting, the incandescent bulb (including the light-producing elements therein) light-emitting diode (LED) and any reflecting surface which, by reason of its construction and/or placement, becomes in effect the light source.

Light Trespass means light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located.

Loading Berth means an off-street space where an automotive vehicle can be parked for loading or unloading.

Logo means an emblem, letter, character, picture, trademark or symbol used to represent any firm, organization, entity or product.

Lot means a parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or possession or for building development.

Lot, Double Frontage means a lot in which both the front lot line and rear lot line abuts a street or other right-a-way.

Lot, Corner means a lot situated at the intersection of and abutting on two or more streets.

Lot, Flag means an irregularly shaped lot that has limited or narrow street frontage relative to the remaining lot area. Flag lots often have less than the minimum required street frontage, using a narrow strip of land to access a street or other right-of-way with the largest portion of the lot situated behind adjoining lots.

Lot, Reverse Frontage means a double frontage or corner lot with access provided to a street atypical from adjoining lots.

Lot, T-intersection means a lot that is directly across from and abutting a street intersection.

Lot, Wedge-Shaped means an irregular lot shaped like a wedge.

Lot Area or Size means the area of land enclosed within the boundaries of a lot.

Lot Coverage means the percentage of the lot area that may be covered by all of the footprints of the buildings and structures on a lot including detached garages, carports, sheds, gazebos, covered patios and decks.

Lot Line, Front means the property line dividing a lot from the right-of-way of the street. For a corner lot, the shortest street right-of-way line shall be considered as the front line. For a corner lot, double frontage lot or other questionable situations, the front lot line shall be established by the Director based upon architectural character of nearby properties, access and other appropriate considerations.

Lot Line, Rear means the property line opposite the front lot line.

Lot Line, Side means any lot line other than a front or rear lot line.

Lumen means a quantitative unit measuring the amount of light emitted by a light source. The initial lumen rating is provided by manufacturers with lamp or light bulb packaging.

Luminaire means the complete lighting system, including the lamp and fixture.

Manufactured Housing means a single-family dwelling which:

1.

Is partially or entirely manufactured in a factory;

2.

Is not less than twenty-four (24) feet in width and thirty-six (36) feet in length;

3.

Is installed on an engineered permanent continuous foundation;

4.

Has brick, wood, or cosmetically equivalent exterior siding and a four on twelve (12) minimum pitched roof;

5.

Is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended;

6.

Is certified pursuant to the Department of Housing and Urban Development (HUD) Codes and Town building codes; and

7.

Has a permanent perimeter enclosure at its base, in like material as the structure.

Manufactured Housing shall include single-family dwelling, detached as defined in this chapter.

Marijuana, Personal Cultivation means the growing or processing of marijuana plants, including the extraction of THC or other cannabinoids, as a patient or caregiver pursuant to Article XVIII, Section 14 of the Colorado Constitution or for personal use pursuant to Article XVIII, Section 16 of the Colorado Constitution.

Marquee means a permanent roof-like structure projecting beyond or above a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection from the weather.

Master Sign Plan means a coordinated sign program for commercial projects with multiple lots or buildings or multiple tenants. The sign program shall include, but not be limited to, a scaled drawing and comprehensive narrative of the locations, dimensions, colors, letter styles, materials and sign types of all signs to be installed.

Medical Marijuana Dispensary means the use of any property or structure to distribute, transmit, give, dispense, or otherwise provide marijuana in any manner, in accordance with Section 14 of Article XVIII of the Colorado Constitution.

Medical Services means examination, diagnosis, therapy, surgery, or consultation, including referral, rendered by a licensed provider.

Message Hold Time means the time interval a static message must remain on the display before transitioning to another message.

Metal-Halide means a high intensity discharge lamp where the light is produced by radiation from metal-halide vapors.

Microbrewery means a commercial facility for manufacture, blending, fermentation, processing, and packaging of malt liquor that produces less than ten thousand (10,000) barrels (three hundred ten thousand (310,000) U.S. gallons) of beer annually. A microbrewery may include a tasting room as defined in this chapter.

Micro Fulfillment Center means a small scale, twenty thousand (20,000) square feet or less, sometimes highly automated warehouse that serves e-commerce as well as local store pick-ups located in an existing store or warehouse or a dedicated small distribution space, twenty thousand (20,000) square feet or less, that may include a related retail component.

Mini-Warehouse/Self-Storage means a building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of customers' goods or wares.

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

Mobile Food Cart means a non-motorized device propelled by human power for the purpose of selling goods or services.

Mobile Home means a transportable, single-family dwelling unit built on a permanent chassis with attached undercarriage consisting of springs, axles, wheels and hubs, and which is suitable for year-round occupancy and contains the same water supply, waste disposal and electrical conveniences as immobile housing. A mobile home is designed to be transported on streets to the place where it is to be occupied as a dwelling unit and may or may not be attached to a permanent foundation.

Mobile Home Park means a residential development that consists of mobile homes that are transported to the park site.

Mobile Vendor means a person or persons selling products or services from, or out of, a motorized vehicle or other mobile device, such as a trailer. A mobile vendor does not include: individuals selling goods or services from coolers, trays, racks, carts, or other devices not self-propelled, motorized, or able to be attached to a vehicle, unless the goods are brought to the site in a motorized vehicle or mobile device; or vendors who spend less than fifteen (15) minutes in a specific location.

Mounting Height means the overall height of the fixture or lamp above the ground.

Multi-Tenant Center means a building or combination of buildings on a site with more than one retail business, office or commercial venture (but not including residential apartment buildings), which share the same lot, access and/or parking facilities.

Mural means a picture or graphic illustration applied directly to a wall of a building or structure that does not advertise or promote a particular business, service or product.

Museum means a permanent facility for the collection and public display of artwork including, but not limited to, paintings, sculpture, textiles, and antiquities.

Nonconforming Building or Structure means a building or structure or portion thereof conflicting with the provisions of this title applicable to the zone in which it is situated.

Nonconforming Sign means a sign which was validly installed under laws or ordinances in effect at the time of its installation, but which is in conflict with the current provisions of this title.

Nonconforming Use means the use of a structure or premises conflicting with the provisions of this title.

Occupied includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.

Office, Business or Professional means the office of an engineer, dentist, doctor, attorney, real estate broker, insurance broker, architect or other similar professional persons; and any office used primarily for accounting, correspondence, research, editing, or administration, or as a broadcasting studio.

Official Zoning Map means the adopted zoning map of the Town showing zoning districts and boundaries.

Open Space means an unoccupied, unobstructed area of land retained open to the sky except for trees, shrubbery, vegetation, streams, lakes or ponds. Open space land is generally free of improvements such as parking lots, streets, or structures other than those supporting the recreational or natural use of the property.

Outdoor Business Promotional Event means, for the purposes of requiring a temporary use permit, an event that is located on the same lot or development as the permanent business(es), or on an adjacent sidewalk or public property, and:

1.

Requires a street closure (including sidewalks on private property);

2.

Significantly interrupts the flow of traffic in public rights-of-way or access to private commercial property; or

3.

Includes the sale or consumption of alcoholic beverages to or by the public.

Outdoor Storage means any collection of materials or equipment that is part of a business or residence and that is seen from a public roadway.

Owner means a person recorded as such on official records.

Park means an area set aside and developed for active or passive recreational activities including open areas, play fields, trails, picnic areas, play structures, ball fields and other similar improvements or uses.

Parking means the standing or placement of a vehicle, whether occupied or not, for any purpose other than briefly loading or unloading passengers or property.

Pawnshop means a business that is regulated by C.R.S. § 29-11.9-101, et seq., that:

1.

Regularly contracts to advance money to customers on the delivery of tangible personal property by the customer on the condition that the customer, for a fixed price and within a fixed period of time, has the option to cancel the contract; or

2.

Purchases tangible personal property that has not previously been sold at retail in the course of its business of reselling tangible personal property.

Pennant means a series of small triangular, square or rectangular shaped flags attached in a string-type manner.

Person includes a natural person, an association, firm, partnership, company or corporation.

Personal Service Establishment means a business that provides individual services related to personal needs directly to customers at the site of the business, or that receives goods from or returns goods to the customer, which have been treated or processed at that location or another location. This includes travel agencies, dry cleaning pick-up and drop-off, laundries, tailors, hair stylists, cosmeticians, toning or tanning salons, photocopy centers, shoe repair shops, and interior design studios. This shall not include service stations, indoor or outdoor recreation and entertainment uses, dry cleaning plants or massage therapy establishments.

Pharmacy means an establishment primarily engaged in the retail dispensing of prescription drugs and may offer nonprescription drugs, medical aids and convenience goods, but shall not permit the sale or distribution of medical or retail marijuana.

Planning Commission means the Town of Monument Planning Commission.

Planning Department means the Town of Monument Planning Department.

Plat Amendment means modifications to an approved and recorded plat that may involve lot line adjustments, lot mergers, or corrections to lot lines and other specifications.

Plat, Final. Final plat means a map and supporting materials of certain described land prepared in accordance with this title as an instrument for recording of real estate interests with the El Paso County Clerk and Recorder.

Plat, Preliminary. Preliminary plat means a map or maps of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with the requirements of these regulations.

Plat, Preliminary/Final. Preliminary/Final plat means a map or maps of a proposed subdivision and specified supporting materials drawn and submitted in accordance with the preliminary and final plat requirements of these regulations, where the preliminary and final plat are processed concurrently as one application.

Plat, Vacation. Vacation plat means a map or maps of all or a portion of an existing subdivision where vacations of existing street rights-of-way, easements, or lot lines are proposed with specific supporting material drawn and submitted in accordance with the vacation plat requirements of this title. The vacation plat may also be part of a resubdivision to revise lot lines within an existing subdivision.

Principal Use means the primary use of land or of a structure as distinguished from an accessory use.

Public Hearing means a noticed meeting of a public body for the purpose of hearing comments, testimony, recommendations, and other responses from the Town staff, the applicant, interested parties, and the general public regarding the applicant's proposal or appeal and taking action on the proposal or appeal.

Public Improvements mean any improvements to the land to prepare it for residential or commercial development for which construction plans are required by the Town, and includes grading, utilities, streets, sidewalks, bike lanes, trails, access drives and landscaping, curb and gutter, irrigation, and lighting.

Public Improvement Agreement (PIA) means one or more security arrangements which may be accepted by the Town to secure the construction of such public improvements as are required by the Board of Trustees and includes collateral, such as, but not limited to, performance or property bonds, letters of credit, private or public escrow agreements, loan commitments, assignments of receivables, liens on property, deposit of certified funds, or other similar surety agreements.

Public Notice means notice to the public of a public hearing by the Board of Trustees, Board of Adjustment or Planning Commission.

Public Safety Station means a use designed to protect public safety and provide emergency response services, often located in or near the area where the service is provided. Employees are regularly present on-site. Examples include fire stations, police stations, and emergency medical and ambulance stations.

Recreation and Entertainment, Indoor mean uses that provide recreation or entertainment activities within an enclosed environment. Specific use types include, but are not limited to movie theater, bowling alley, fitness center, or indoor shooting range.

Recreation and Entertainment, Outdoor mean uses that provide recreation or entertainment activities outside of an enclosed environment. Specific use types include, but are not limited to: amusement park, miniature/putt-putt golf course, go-cart racetrack, indoor/outdoor golf driving range or water park. This use does not include a golf course as defined in this chapter.

Recreational Vehicle means a vehicle used for recreational purposes including such vehicles as travel trailer, tent trailer, detached pickup camper or coach, motorized dwelling, boat and boat trailer, snow vehicle, cycle trailer, utility trailer, horse trailer, or similar vehicular equipment.

Recreational Vehicle Park means a parcel of land providing space and facilities for recreational vehicles for recreational use or transient lodging.

Recycling Center means a facility in which recoverable resources such as newspapers, glassware, plastics, and metal cans are recycled, reprocessed, and treated to return such products to a condition in which they can again be used for production. This facility is not a junkyard or dumping ground as defined in this chapter.

Religious Assembly means facilities used primarily for non-profit purposes to provide assembly and meeting areas for religious activities. Examples include churches, temples, synagogues, and mosques. Accessory uses to such facilities do not include schools as defined in this chapter, which shall require approval as a separate principal use.

Research and Development Facility mean research, development, and testing laboratories that do not involve the mass manufacture, fabrication, processing, or sale of products.

Restaurant means an area or structure in which the principal use is the preparation or sale of food and beverages.

Resubdivision means the changing of any existing lot or lots within any subdivision plat previously recorded with the El Paso County Clerk and Recorder in conformance with this title.

Rezoning means an amendment to the official zoning map consisting of a change in the classification of land from one zone district to another.

Right-of-Way means all streets, roadways, sidewalks, alleys and all other areas reserved for present or future use by the public as a matter of right, for the purpose of vehicular or pedestrian travel.

Roof means the cover of any building, including the eaves and similar projections.

Roofline means the highest point on any building where an exterior wall encloses usable floor space, including floor area for housing mechanical equipment. The term "roofline" also includes the highest point on any parapet wall, providing such parapet wall extends around the entire perimeter of the building.

Schools, Colleges or Universities. Colleges or universities means such education institutions for the purpose of undergraduate and graduate instruction. The institution may be privately or publicly funded and may also include on-campus dormitories for enrolled students.

Schools, Nonpublic. Nonpublic schools mean all private, parochial, cottage and independent schools which provide education of compulsory school age pupils comparable to that provided in the public schools of the state. This does not include schools which operate in private residences where parents or legal guardians provide instruction to their own children in their homes.

Schools, Proprietary. Proprietary schools mean schools such as art schools, business colleges, trade schools and secretarial colleges.

Schools, Public. Public schools mean those schools administered by a legally organized school district, including charter schools operating under charters approved by a public school district.

Service Station means any premises where gasoline and other petroleum products are sold or light maintenance activities such as engine tune-ups, emissions testing, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall not mean convenience stores as defined in this chapter, or premises where heavy motor vehicle maintenance activities such as engine overhauls, motor vehicle painting, and body fender work are conducted.

Setback means the distance from the property line to the nearest part of the applicable building or structure, measured perpendicularly to the property line.

Sexually Oriented Business means a use defined and regulated pursuant to the provisions of Chapter 5.40 of this code.

Shared Parking means a public or private parking area used jointly by two or more users or uses to fulfill their individual parking requirements.

Shielding means that no light rays are emitted by a fixture above the horizontal plane running through the lowest point of the fixture where light is emitted.

Shooting Range, Indoor means a soundproof, enclosed building or part thereof, wherein firearms are shot at targets under strict rules of conduct and safety.

Shopping Center means a retail shopping area containing at least one major retail store of over fifty thousand (50,000) square feet of gross leasable area and additional retail stores.

Sign means any written copy, display, illustration, insignia or illumination which is displayed or placed in view of the general public, and shall include every detached sign and every sign attached to or forming a component part of any marquee, canopy, awning, pole, vehicle or other object, whether stationary or movable.

Sign, Animated. Animated sign means any sign flashing or simulating motion with an electronic or manufactured source of supply or contains wind-actuated motion.

Sign, Awning. Awning sign means a sign permanently affixed to a sheet of canvas or other material stretched on a frame and used to keep the sun or rain off a storefront, window, doorway, or deck.

Sign, Bandit. Bandit sign means a sign of any material that is attached to a fence, utility pole, tree, traffic sign post, retaining wall or any object located, situated on, or visible from public or private rights-of-ways or property.

Sign, Cabinet. Cabinet sign means an internally illuminated sign in which a removable sign face (usually with translucent sign graphics) is enclosed on all edges by a rigid frame.

Sign, Canopy. Canopy sign means a sign permanently affixed to a roofed shelter covering a sidewalk, driveway or other similar area which shelter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extended from the ground.

Sign, Display means a sign either:

1.

Mounted on a building wall oriented to pedestrians, or

2.

A freestanding sign oriented to occupants of a vehicle in a drive-thru aisle.

Sign, Electronic Message Center. Electronic message center sign means a sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.

Sign, Fabric. Fabric sign means a professionally produced temporary sign having characters, letters, illustrations or ornamentations applied to flexible material (e.g., vinyl, plastic, canvas, cloth, fabric or other lightweight non-rigid material) with only such material for a backing, which projects from, hangs from or is affixed to a building or structure. Fabric signs include pennants, wall banners, cable-hung banners and wave banners.

Sign, Freestanding. Freestanding sign means any sign supported by structures or supports that are placed on or anchored in the ground and are not attached to any building or structure.

Sign, Handheld. Handheld sign means a temporary sign held, suspended or supported by an individual. Handheld signs do not include handheld signs utilized for traffic control or safety purposes. Also known as a human sign spinner or sign twirler sign.

Sign, Incidental. Incidental sign means a small sign affixed to a building or structure, machine, equipment, fence, gate, wall, gasoline pump, public telephone, or utility cabinet.

Sign, Inflatable. Inflatable sign means a balloon, blimp or other inflated object used for attracting attention.

Sign, Marquee means any sign made a part of a marquee and designed to have changeable copy.

Sign, Monument. Monument sign means a permanent freestanding sign supported by, or integrated into, a base or pedestal at least seventy-five (75) percent of the sign width.

Sign, Off-Premises. Off-premises sign means any sign which identifies a place, product, service or anything that is not available on the premises on which the sign is located.

Sign, Permanent. Permanent sign means any sign constructed of durable materials and affixed, lettered, attached to or placed upon a fixed, non-movable, non-portable supporting structure.

Sign, Portable. Portable sign means a moveable sign that is not permanently affixed to a building, structure, or the ground. Portable signs include signs mounted on trailers, wheeled carriers, or frames that are designed to be placed onto a surface without being secured to it.

Sign, Projecting. Projecting sign means a double-faced sign attached perpendicular to the wall of a building or structure which projects over public or private property.

Sign, Pylon. Pylon sign means a permanent freestanding sign supported by one or more poles or pylons.

Sign, Sandwich Board. Sandwich board sign means a type of portable sign that is intended to be placed on a hard surface, most commonly a sidewalk. These signs include A-frame signs, signs that are suspended from the top member of an A-frame, and comparable signs.

Sign, Site. Site sign means a temporary freestanding sign constructed of vinyl, plastic, wood or metal and designed or intended to be displayed for a limited period of time on a vacant lot or a lot with active building permits.

Sign, Temporary. Temporary sign means any sign based upon its materials, location and/or means of construction, e.g., light fabric, cardboard, wallboard, plywood, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time.

Sign, Vehicle. Vehicle sign means a sign that is printed, painted upon or attached to motor vehicles, including semi-truck trailers, used primarily for the delivery of products, passengers or services or for business purposes other than as a sign.

Sign, Wall. Wall sign means any sign painted on or affixed to the wall or door of a building or structure, or any sign consisting of cut-out letters or devices affixed to a wall with no background defined on the wall in such a manner that the wall forms the background surface of the sign.

Sign, Wind. Wind sign means a sign consisting of one or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons or other objects or material fastened in such a manner as to move or be designed to move upon being subjected to pressure by wind or air movement.

Sign, Window. Window sign means any sign which is applied or attached to either the interior or exterior of a window and intended to be viewed from outside the building or structure.

Sign, Yard. Yard sign means a temporary freestanding sign constructed of paper, vinyl, plastic, wood, metal or other comparable material, and designed or intended to be displayed for a limited period of time on a lot with one (1) or more existing permanent structures.

Sign Face means an exterior display surface of a sign including nonstructural trim, yet exclusive of the supporting sign structure.

Sign Height means the vertical distance from established grade at the base of the sign to the highest element or the uppermost point on the sign or sign structure. The term "sign height" is also used in calculating sign area.

Sign Maintenance means the cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.

Sign Program means a design package that identifies a coordinated project theme of uniform design elements for all signs associated with a commercial project, including color, lettering style, material, and placement.

Sign Structure means any structure designed for the support of a sign.

Site means a lot, lots, parcel or tract of land under common ownership, or developed together as a single development site, regardless of how many uses occupy the site.

Site Frontage means the linear distance between the side lot lines and the front lot line.

Site Plan means a detailed development plan for a property, which generally permits an evaluation of the intended use, and such design elements as circulation, parking and access; open space and landscaping; building location and configuration; grading and drainage; setbacks and screening; public improvements; and other elements, which determine if the proposal has been planned consistently with the intent of this title.

Site-Specific Development Plan means a plan that has been submitted to the Town by a landowner or such landowner's representative describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property, which plan shall create a vested property right. The following shall be considered site specific development plans:

1.

Conditional use pursuant to Section 18.03.320.

2.

Final subdivision plat pursuant to Section 18.02.220, including major subdivisions, minor subdivisions, re-subdivisions, and division of property into condominium or townhouse units.

3.

The final approval step, irrespective of the name or designation of such approval, which occurs prior to building permit application. The following are specifically excluded from, and shall not constitute, a site specific development plan: variances issued by the Board of Adjustment, sketch plans, preliminary plans, business licenses, floodway or floodplain permits, franchises, temporary use permits, any comprehensive plan element, creation of improvement districts, zoning or rezoning, final architectural plans, or final construction drawings and related documents specifying materials and methods for construction of improvements.

Sketch Plan means a map of the proposed subdivision, drawn and submitted in accordance with the objectives of these regulations to evaluate development feasibility and design characteristics at an early planning stage.

Sky Glow means the result of scattered light in the atmosphere above urban areas and the haze or glow of light that currently surrounds populated areas and reduces the ability to view the nighttime sky.

Solar Energy System, Accessory means a device and/or system that has a combined name plate DC rating of less than fifteen (15) kilowatt and includes the equivalent kilowatt measurement of energy for systems other than photovoltaic that converts the sun's radiant energy into thermal, chemical, mechanical, or electric energy.

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

Solar Energy System, Small means a device and/or system that has a combined name plate DC rating of fifteen (15) kilowatt to five hundred (500) kilowatt and includes the equivalent kilowatt measurement of energy for systems other that photovoltaic that converts the sun's radiant energy into thermal, chemical, mechanical, or electrical energy.

Streamer means a ribbon or series of pennants used to attract attention.

Street means a dedicated public right-of-way which provides vehicular and pedestrian access to adjacent properties. This definition includes the terms road, lane, boulevard, place, avenue, drive and other similar designations.

Street, Arterial. Arterial street means a street as defined in the Town's adopted Roadway Standards.

Street, Collector. Collector street means a street as defined in the Town's adopted Roadway Standards.

Street, Local. Local street means a street as defined in the Town's adopted Roadway Standards.

Street Frontage means the linear frontage (or frontages) of a lot or parcel abutting on a private or public street which provides principal access to, or visibility of, the premises.

Structure means anything constructed or erected, which requires a location on the ground or is attached to something having a location on the ground, but not including fences (or walls used as fences) less than six feet in height, poles, line, cables, or other transmission or distribution facilities of public utilities. All signs shall be considered structures.

Subdivision means any parcel of land which is to be used for condominiums, townhomes, apartments containing two or more dwelling units or any other multiple-dwelling units, unless such land was previously subdivided and the filing accompanying such subdivision complied with requirements of these regulations with respect to the type and density of such proposed use; or any parcel of land which is to be divided into two or more lots, tracts, parcels, plats, sites, separate interests (including leasehold interests), interests in common or other division for the purpose, whether immediate or future, of transfer of ownership or for building or other development. Unless the method of disposition is adopted for the purpose of evading the requirements of these regulations, the term subdivision shall not apply to any of the following divisions of land or interests in land:

1.

A division of land by order of any court in the State or by operation of law;

2.

A division which is created by a security or unit of interest in any investment trust regulated under the laws of the State or any other interest in an investment entity;

3.

A division which creates cemetery lots;

4.

A division which creates an interest in oil, gas, minerals or water which is severed from the surface ownership of real property;

5.

A division which is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common, and any such interest shall be deemed as only one interest; and/or

6.

A division which is created by the conveyance of real property to the Town in satisfaction of land dedication, subdivision, annexation or other Town requirements.

Subdivision, Major. Major subdivision means all subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of five or more lots, or any size subdivision requiring any new street or extension of the local Town facilities or the creation of any public improvements.

Subdivision, Minor. Minor subdivision means any subdivision containing not more than four lots or dwelling units fronting on an existing street, not involving the construction of a new street or road or the extension of Town facilities, and otherwise meeting the requirements of this title.

Substance Abuse Treatment Facility, Outpatient means structures and land used for the treatment of alcohol or other drug abuse where neither meals nor lodging is provided.

Substantial Change means a modification which substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria, including a single change or a series of changes over time whether made by a single owner or operator or different owners/operators over time, when viewed against the initial approval for the support structure:

1.

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten (10) percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the federal Spectrum Act, effective February 22, 2012;

2.

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

3.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;

4.

It entails any excavation or deployment outside the current site;

5.

It would defeat the concealment elements of the eligible support structure; or

6.

It does not comply with conditions associated with the original siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs 1 through 6 of this definition.

Tasting Room means an establishment where beer or distilled liquor produced on the premises is served to the public for on-site consumption.

Tower means any freestanding structure designed and constructed primarily for the purpose of supporting one or more FCC-licensed or authorized antennae, including self-supporting lattice towers, guy towers and monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and other similar structures. The term also includes any antenna or antenna array attached to the tower structure.

Tower Height (Average) means, when referring to a tower, the distance measured from the average ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Town means the Town of Monument, Colorado.

Town Staff means the Town Manager or designee.

Traffic Control Sign means a sign erected in a public right-of way by an authorized governmental agency for the purposes of traffic regulation and safety.

Transit Center means an area utilized by public or commercial carriers for pick-up or drop-off of passengers. In addition to loading and unloading areas, transit centers may include shelters, restrooms, concessions, benches, information offices, ticket sales, landscaping, lighting and other such facilities and appurtenances. Individual bus stops, maintenance and storage facilities are not included in this definition.

Transition Duration means the time interval it takes the display to change from one complete static message to another complete static message.

Transition Method means a visual effect applied to a message to transition from one message to the next. Transition methods include:

1.

Dissolve a frame effect accomplished by varying the light intensity or pattern, where the first frame gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second frame.

2.

Fade a frame effect accomplished by varying the light intensity, where the first frame gradually reduces intensity to the point of not being legible (i.e., fading to black) and the subsequent frame gradually increases intensity to the point of legibility.

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

Uniformity Ratio (UR) means the average level of illumination in relation to the lowest level of illumination for a given area. Example: UR ratio = 4:1 means the highest level of illumination four should be no more than four times the average level of illumination one.

Up-Lighting means any source that distributes illumination above a ninety (90) degree horizontal plane.

Urgent Care Facility means a medical center that provides limited emergency medical services that may not require twenty-four-hour care.

Use means the purpose for which land or a building is designed, arranged or intended, or for which it either is or may be occupied or maintained.

Variance means a legal modification of applicable zoning district provisions, such as yard, lot width, yard depth, sign, setback, and off-street parking and loading regulations, granted due to the peculiar conditions existing within a single piece of property.

Vehicle Parking Lot means an area, not within a building, where, as a principal use, motor vehicles may be parked for purposes of daily or overnight off-street parking.

Vehicle Sales and Rental means the storage, display, sale, lease, or rental of new or used vehicles, including automobiles, vans, motorcycles, and light trucks. This use shall not include a junkyard, salvage or scrap operations.

Vehicle Service and Repair, Heavy means an establishment involved in the major repair and maintenance of automobiles, motorcycles, trucks, vans, trailers, or recreational vehicles. Services include engine, transmission, or differential repair, reconditioning or replacement; bodywork; upholstery work; painting; and associated repairs conducted within a completely enclosed building.

Vehicle Service and Repair, Light means an establishment involved in the minor repair and maintenance of automobiles, motorcycles, trucks, or vans not in excess of ten thousand (10,000) pounds' gross vehicle weight. Services include brake, muffler, and tire repair and change; lubrication; tune ups and associated repairs, conducted within a completely enclosed building.

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

Visibility Triangle means a triangular area on a lot at the intersection of two streets, a street and a railroad, a street and an alley, or a street and a recreational trail, two sides of which are curb lines measured from the corner intersection of the curb lines to a distance specified.

Warehousing with Distribution means a storage facility with a principal use of storing products, inventory of raw materials, parts, or finished manufactured goods for an extended period with minimal movement of goods in and out daily. Distribution is a minimal secondary use that may be provided to retailers/businesses and/or to customers; however, direct distribution to customers is permitted only when the user is distributing their own products. This use includes moving and storage firms but excludes distribution of e-commerce goods and fulfillment centers.

Wholesale Distribution Center means a permanent facility for the storage of products, supplies, and equipment offered for wholesale distribution (not for direct sale to the general public).

Wholesale Sales means a business for the direct sale of wholesale products to the general public.

Wind-Driven Generator means any mechanism including blades, rotors and other moving surfaces designed for the purpose of converting wind into mechanical or electrical power.

Window means an opening for letting in light or air or for looking through, usually having a pane or panes of glass, etc. Spandrel glass that appears to be a window shall not be considered as such.

Yard means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

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

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

Yard, Side. Side yard means a yard extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the principal building.

Zone District means a designated area of the Town within which certain zoning regulations and requirements, or various combinations thereof, apply as set forth in this title.

Zoo means an area, building, or structures that contain wild animals on exhibition for viewing by the public.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 05-2022, § 1(Exh. 1), 7-5-2022; Ord. No. 12-2023, § 2(Exh. B), 6-5-2023; Ord. No. 28-2025 meeting, § 2(Exh. A), 12-15-2025)