All words in this Chapter, except as specifically defined in this Chapter, shall carry their customary meanings. Words used in the present tense include the future tense; the plural includes the singular; the word shall is mandatory; the word may is permissive; the words occupied or used shall be considered as though followed by the words or intended, arranged or designed to be used or occupied. For the purposes of this Chapter, the words and phrases set forth below shall have the meanings ascribed to them as follows:

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

Accessory building or structure means a subordinate building or structure, the use of which is incidental to that of the main building on the same lot.

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

Accessory use means a use subordinate to and exclusively for a purpose incidental to the principal use on the lot. Such uses shall not substantially alter the character of the permitted principal use or structure.

Adjacent lot means a lot sharing a common point with the lot line of the subject lot or a lot that would share such a point were it not for the presence of a street or right-of-way.

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

(a)

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

(b)

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

(c)

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

(1)

Persons who appear in a state of nudity;

(2)

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

(3)

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

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

(i)

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

(j)

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

(k)

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

(1)

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

(2)

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

(3)

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

(4)

The relocation of any sexually oriented business; or

(5)

The continuation of a sexually oriented business in existence as of July 23, 2011.

(l)

Specified anatomical areas means:

(1)

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

(2)

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

(m)

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

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

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

(3)

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

(4)

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

(5)

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

(n)

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

Agricultural accessory dwelling unit/structure means a structure of less than one thousand five hundred (1,500) square feet.

Agricultural commercial enterprise means activities involving agricultural products produced on a site and marketed and sold directly to consumers without an intermediate wholesaler or distributor, other than a farm co-op organization. Direct market business may include enterprises such as PYO (pick-your-own) operations (these are operations where the retail customer harvests the crop), and operations in which delivery of products is made directly to consumers, such as farm share arrangements under which periodic delivery of farm products is made for a subscription fee.

Agricultural uses means the production, keeping, or maintenance for sale, lease, or personal use, of plants and animals useful to man including, but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, domestic elk, bison, mules, ducks, emus, horses, goats, llama, sheep, swine, horses, ponies, mules or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds and vegetables.

Agriculture means the production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to people. This includes but is not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products.

Alley means a public way designated for vehicular service access to the rear or side of buildings.

Animal care means the operation of an establishment in which domesticated animals are housed, groomed, bred, boarded, trained or sold. This term shall not include the grooming of domestic pets.

Antenna: See definition for Commercial Mobile Radio Service (CMRS) facilities.

Appeal means a request for review by the Board of Adjustment for a variance to this Chapter.

Applicant means a person submitting an application for development, a permit or other required approval under this Code. Applicant includes the owner of the property subject to the application and any person designated by the owner to represent himself or herself as evidenced by signatures stating that the owner has designated a representative.

Architectural projection means any projection that extends beyond the face of an exterior wall of a building, including, within limitation, cornices, eave belt courses, sills, box or bay windows, fireplaces, roof overhangs, mansards, unenclosed exterior balconies, marquees but not including signs.

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

Attached garage means a fully-enclosed area primarily intended for private vehicular storage that is on a foundation and attached to a principal structure. The existence of a breezeway shall not convert a detached garage into an attached garage, unless the breezeway is fully enclosed and permanently connected to both the garage and principal structure with a foundation.

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

Bed and breakfast means an owner-occupied, single-family dwelling that contain no more than six (6) guest rooms leased on a nightly basis not to exceed seven (7) continuous nights and operated by the owner of the primary residence.

Berm means an earthen barrier of compacted soils preventing the passage of liquid materials or providing screening from adjacent uses as may be specified in an applicable development standard.

Board of Adjustment, or BOA means a special review board operating under the authority of the Platteville Municipal Code for purposes of hearing and deciding appeals or variances to this Chapter as well as other Chapters of this Code.

Board of Trustees, or Board means the governing body of the Town of Platteville as established in Chapter 2, Article II of this Code.

Boat means every description of watercraft used or capable of being used as a means of transportation on water.

Building means a structure which has a roof supported by columns or walls.

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

Building height means the vertical distance measured from the average existing grade of the four (4) corners of an existing or proposed building or structure to the highest point of the roof ridge or parapet wall. Existing grade shall be the grade prior to any cuts or fills, as verified by a topographic survey certified by a registered land surveyor or, if required by the Town, by analysis of core samples of soil taken at such corners.

Building Official means the officer or other designated authority charged with the administration and enforcement of the adopted building code, or a duly authorized representative. Pursuant to Section 2-4-20 of this Code, the Building Official is the Town Manager or designee.

Building permit means a permit issued by the Building Official, for building development, after compliance with this Chapter, the Town's adopted building code and other codes or ordinances adopted by the Town.

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

Campground means an outdoor area providing campsites for vacationers to vacation on a temporary basis in tents, tent trailers, tepees or recreational vehicles. A campground may also include an area with casitas or rental cabins, but its primary function is to accommodate visitors providing their own shelter. Continuous occupancy of a campground shall not exceed more than twenty-nine (29) days. Campgrounds shall include the following categories all as more specifically defined in the Colorado Camping Standards defined below: primitive, semi-primitive, semi-developed and developed.

Campsite means any specific area within organized campgrounds or other recreation areas, which are used for overnight stays by an individual, a single camping family, group, or other similar activity as further defined in the Colorado Camping Standards.

Caretaker residence or caretaker unit means a dwelling unit/structure for use by a person or persons hired by the owner to look after or take charge of goods or property within a specific zone district or as part of the management of an RV park or campground.

Certificate of occupancy means a permit issued by the Building Official based on the requirements of the adopted building code.

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

Cluster development means a development design technique that concentrates buildings in specific areas on a site to allow remaining land to be used for agriculture or open space.

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

Colorado Retail Marijuana Code means C.R.S. Title 12, Article 43.4.

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

Commercial mobile radio service ("CMRS") facility: The following definitions apply to all commercial mobile radio service ("CMRS") facilities.

(a)

Antenna means a device used in communications that transmits or receives radio signals.

(b)

Base station means a structure or equipment, other than a tower, at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term includes any equipment associated with wireless communications services, including radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks). The term also includes a structure, other than a tower, to which any of the equipment described above is attached.

(c)

Building, roof or wall-mounted CMRS facility means a low-power telecommunications facility where antennas are mounted either on the roof or faces of a legally existing building, other than a building or structure accessory to a telecommunications facility. Facilities within this category may include micro-cell or repeater facilities.

(d)

Co-location means locating wireless communications equipment from more than one (1) provider on a single site.

(e)

Commercial mobile radio service ("CMRS") facility, also known as low-power telecommunications facility, means an unstaffed facility consisting of antennas, equipment and equipment storage shelters used for the reception, switching and/or transmission of wireless telecommunications, including but not limited to paging, enhanced specialized mobile radio, personal communications services, cellular telephones and similar technologies. These facilities operate at one thousand (1,000) watts or less of effective radiated power and within frequencies authorized by the Federal Communications Commission for such purposes.

(f)

Eligible telecommunications facility request means a request for the modification of an existing tower or base station that involves the collocation of new transmission equipment, the removal of transmission equipment or the replacement of transmission equipment.

(g)

Equipment storage shelter means a structure used for freestanding CMRS facilities or, where necessary, roof- or building-mounted facilities to house CMRS equipment. These shelters are not intended for human habitation and typically range between four hundred (400) and nine hundred (900) square feet, notwithstanding size limitations contained within this Code.

(h)

Federal Communications Commission ("FCC") means the federal agency responsible for licensing and regulating communication providers. The FCC has primary regulatory control over communications providers through its powers to control interstate commerce and to provide a comprehensive national system in accordance with the Federal Communications Act.

(i)

Freestanding CMRS facility means a CMRS facility that consists of a stand-alone support structure, antennas and any associated equipment storage shelter.

(j)

Micro-cell facility means a low-power telecommunications facility used to provide increased capacity in areas of high service demand or to improve coverage in areas of weak coverage.

(k)

Monopole means a structure composed of a single spire used to support telecommunications equipment.

(l)

Panel antenna means an antenna or array of antennas designed to concentrate a radio signal in a particular area.

(m)

Public right-of-way means all roads, streets, and alleys and all other dedicated right-of-way, access and utility easements of the state, any utility, any railroad or the Town.

(n)

Repeater telecommunications facility means a low-power facility that extends coverage to areas not covered by the originating primary facility.

(o)

Tower means a structure built for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communication services, including but not limited to private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul and the associated site.

(p)

Whip antenna means an antenna that transmits signals in three hundred sixty (360) degrees and is typically cylindrical in shape.

Commercial stable means a lot that may be used for a riding stable open to the general public; boarding of livestock not involved with current breeding or training; training involving large groups of eight (8) or more students. No feed lot shall be permitted.

Comprehensive Plan means the Town of Platteville Comprehensive Plan, as amended.

Conditional review use means a use other than a use by right which is permitted pursuant to the terms and conditions of a conditional review use permit issued in accordance with the provisions of Article V of this Chapter.

Conditional review use permit means the written authority for a use other than a use by right issued by the Town in accordance with the provisions of this Chapter.

Congregate living facilities means a building or part thereof that contains sleeping units where residents on a temporary basis share bathroom and/or kitchen facilities.

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

Copy, changeable, means copy that changes electronically or mechanically by remote or automatic means.

Cottage industry means a business conducted on a lot lawfully used for residential purposes, which business is more intensive than a home occupation.

Detached garage means a fully-enclosed structure primarily intended for private vehicular storage that is not attached to a principal structure.

Development permit means any land development requiring regulatory approval by the Town. Examples of development permits include but are not limited to: site plan orders, conditional use review permits, subdivision plats, special use permits, zoning changes, planned developments or other applications that typically undergo review by the Town staff, the Planning Commission and the Board of Trustees.

Development review committee means a committee comprised of the Town Manager, Town Clerk, Town Engineer and Public Works Director and other Town staff or consultants to the Town as deemed necessary by the Town Manager.

Dormitory means a space in a building where group sleeping accommodations are provided in one (1) room or in a series of closely associated rooms for persons not members of the same family group under joint occupancy and single management as in college dormitories, fraternity houses or temporary worker quarters.

Drive lane means a narrow way or road.

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

Dwelling unit/structure means a housekeeping unit designed and used for occupancy by a single individual or a family and containing cooking, living, sleeping and sanitary facilities, and having a separate entrance.

Dwelling unit/structure, multi-family means a structure or portion thereof designed to house three (3) or more families, with each dwelling unit/structure having a separate entrance.

Dwelling unit/structure, single-family means a residential structure, which may be a Type I manufactured home, designed to house a single-family unit from lowest level to roof, with private outside entrance, but not necessarily occupying a private lot.

Dwelling unit/structure, two-family or duplex means a structure or portion thereof designed to house two (2) families, with each dwelling unit/structure having a separate entrance and shared party wall, as defined by the Town's adopted building code.

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

Family means the following:

(a)

A single individual or a collective body of persons in a domestic relationship based upon blood, marriage, adoption or fostering, living as a separate, independent housekeeping unit, including domestic servants; or

(b)

A group of not more than six (6) unrelated persons, all living together as a separate housekeeping unit in a single dwelling unit/structure. Excludes boarding or rooming houses, lodges, clubs, hotels, motels or fraternities.

Notwithstanding the above, a family shall be deemed to include no more than eight (8) persons not related by blood, marriage, adoption or legal custody occupying a residential dwelling unit/structure and living as a single housekeeping unit if the occupants are within the definition of "Group Home" as defined in C.R.S. § 31-23-303.

Family child care home means a residential dwelling in which a person provides day care for children other than his or her own family for less than twenty-four (24) hours per day and is licensed by the state.

Family child care home, large, means a family child care home with more than six (6) but less than thirteen (13) children, including children living in the home.

Family child care home, small, means a family child care home with six (6) or fewer children, including children living in the home.

Fence means a permanent or semi-permanent barrier or structure used to prevent escape or intrusion or to mark a property boundary. The term fence, as used in this Chapter, includes walls with or without landscaping.

Floor area means the area included within the surrounding exterior walls of a building or portion thereof. For the purposes of this Chapter, floor area shall be categorized as follows:

(a)

Gross floor area means the area within the exterior facade of the building, including all covered and enclosed space on all levels of the building, halls, corridors, lobbies, mezzanines, display areas, stairways, elevator shafts, escalators, utility cores, air conditioning and heating areas, and common facilities for use of all tenants, except that gross floor area shall not include any open exterior plazas which are eligible for inclusion in open space, partially enclosed crosswalks, ramps, bridges or other such buildings or structures intended for pedestrian use, loading areas, underground truck roads and surface facilities.

(b)

Net floor area means the total floor area located within the exterior walls of the building, less the square footage in the following: areas used to house mechanical, electrical, telephone, heating, ventilating, air conditioning and other similar building operating equipment; stairwells, elevators, vertical shafts and rated corridors; and atriums, lobbies and elevator lobbies.

Food stand means a stand where visitors to a temporary or moveable facility can buy food and drinks. Food stands are regulated by the County and State.

Frontage means all sides of a lot abutting a street.

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

Group care facility means a facility providing custodial care and treatment, or social services, in a protective living environment for persons residing in the facility either voluntarily or by court placement. The term includes, without limitation, facilities commonly known as group homes for the aged; group homes for the developmentally disabled; shelters for abused persons; nursing homes; intermediate care facilities or residential care facilities licensed by the Colorado Department of Health; correctional and post-correctional facilities; addictions treatment centers; juvenile detention facilities; and temporary custody facilities.

Group home means any structure that provides noninstitutional housing for a group of individuals living as a single housekeeping unit and is not considered a family. Group home is synonymous with group care facility. Certain forms of group housing are specifically regulated by the federal or state government, as defined in C.R.S. § 31-23-303, including:

(a)

Group home for handicapped.

(b)

Group home for developmentally disabled.

(c)

Group home for mentally ill.

(d)

Group home for the elderly.

Group home facility: see "group home."

Guest or workers quarters means a secondary unit for sleeping with a bathroom but not kitchen facilities and where the single-family character of the structure must be maintained by providing one (1) main entrance to the structure, one (1) set of utility meters and one (1) address for the property.

Home occupation means any use conducted entirely within a dwelling or an accessory structure, and carried on by the occupants thereof, which is clearly incidental and secondary to the primary use of the dwelling for dwelling purposes and which does not change the character thereof. Such use must meet all conditions and requirements of this Chapter for the particular zone in which such use is located and all conditions and requirements of this Chapter concerning home occupations.

Impervious coverage means the area of the lot covered by the following which shall be included in impervious coverage surface in all zoning districts:

(a)

The principal building.

(b)

All accessory buildings, parking garages, carports utility sheds.

(c)

Porches, stairways, and impervious patios.

(d)

Any other surface that substantially reduces or prevents the infiltration of stormwater or other water into previously undeveloped land.

Impervious fencing means a complete, opaque fence that provides visual separation between differing land uses.

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

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

Kennel means any building or structure used for the permanent or temporary boarding or keeping of more than three (3) dogs of more than six (6) months of age, more than one (1) litter of pups, more than three (3) cats of four (4) months of age, more than one (1) litter of kittens, or more than a total of six (6) dogs and cats more than three (3) months of age in any combination; or engaging in the commercial business of breeding, buying, selling, trading, training or boarding dogs, cats or both dogs and cats or other pet animals.

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

Landscaping means any combination of living plants such as trees, shrubs, plants, vegetative ground cover or turf grasses, and may include structural features such as walkways, fences, benches, works of art, reflective pools, fountains or the like.

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

Live/work unit means a dwelling unit that can be used for both dwelling purposes and any nonresidential use permitted in the zone district in which the unit is located.

Loading area means a parking space other than a public street or alley for the parking of commercial vehicles for the purpose of loading or unloading materials or merchandise.

Lot means a parcel of land occupied or designed to be occupied by one (1) building and the accessory buildings or accessory uses allowed in that zone, including the open spaces required. A lot is also the land designated as such on a duly recorded plat.

Lot area means the total horizontal (plan view) area within the lot lines of a lot.

Lot coverage means the percentage of a lot covered by the principal structure and accessory structures.

Lot frontage means the shortest distance between the sides of the lot along the boundary abutting a street; provided that the lot boundary abutting a street shall be considered the front lot line, and on a corner lot only one (1) street boundary shall be considered as a front lot line with the shorter street frontage typically considered the front line.

Lot line means a property line bounding a lot, excluding any dedicated street or alley.

Lot line adjustment means a change in lot or parcel boundaries that does not create additional lots or parcels.

Lot of record means a lot which is part of a subdivision, a plat of which has been legally recorded or a lot described by metes and bounds, the description of which has been so recorded.

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

(a)

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

(b)

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

Manufactured home community means any lot or tract of land designed, used or intended to provide a location or accommodation for one (1) or more manufactured homes to be used and occupied as residences pursuant to lease or rental agreement.

(a)

Common open space or open space means an area within a park preserved from development and provided for the common use of park residents.

(b)

Management means the owner or person responsible for operating and managing a manufactured home community, or an agent, employee or representative authorized to act on behalf of such owner in matters relating to the operation of the community.

(c)

Manufactured home community or manufactured home park means any lot or tract of land designed, used or intended to provide a location or accommodation for five (5) or more manufactured homes to be used and occupied as residences pursuant to lease or rental agreements. These terms are synonymous with each other and with the term land leased community. Such communities consist of residential occupancy of manufactured homes on areas of land having common ownership, but do not include the use or occupancy of up to two (2) Type II manufactured homes on a farm or ranch by persons employed on or owning the farm or ranch.

(d)

Permittee means any person to whom a conditional use permit is issued to maintain or operate a manufactured home community under this Article.

(e)

Space means the specific area within a community designated by community management for and limited to the exclusive use of a single manufactured home and its accessory structures.

Marijuana means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin, including marijuana concentrate. Marijuana does not include industrial hemp, nor does it include fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product.

Marijuana club means a location on a nonresidential property in which members and their guests gather to consume marijuana.

Marijuana cultivation facility means an entity licensed to cultivate, prepare and package marijuana and sell marijuana to marijuana stores, to marijuana product manufacturing facilities and to other marijuana cultivation facilities, but not to consumers.

Marijuana product manufacturing facility means an entity licensed to purchase marijuana; manufacture, prepare and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to marijuana stores, but not to consumers.

Marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients that are intended for use or consumption, such as, but not limited to, edible products, ointments and tinctures.

Marijuana store means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers.

Marijuana testing facility means an entity licensed by the State to analyze and certify the safety and potency of marijuana.

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

Mobile food service means the preparation and/or service of food or beverages for immediate consumption to members of the public from a vehicle, cart or portable vending device when such service occurs on a regular basis at a fixed location and for a period of time longer than fifteen (15) minutes within any six-hour period. Mobile food service shall not include the service of food or beverages from carts or portable vending devices if such service is conducted as part of a special event, carnival, festival or other organized outdoor activity for a period of four (4) days or less.

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

Motel or commercial accommodations means a building or group of buildings containing guest rooms, which may have eating and drinking facilities as an accessory use, with a garage or parking area conveniently proximate, and which is intended to be used primarily for transient occupancy.

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.

Nonconforming lot means a lawfully established lot, properly described, depicted and recorded in the records of the County Clerk and Recorder which does not meet current requirements for area, width, frontage, size or any other requirement for the zoning district in which the lot is located.

Nonconforming structure means a lawfully erected building that does not meet current limitations and restrictions on building size, height, bulk or location on the lot for the zoning district in which the structure is located.

Nonconforming use means a lawful use of land that does not comply with current use restrictions, regulations or provisions applicable to the land on which such use is located, but which fully complied with applicable use restrictions, regulations and provisions at the time the use was established.

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

Oil and gas drilling and production: Within the context of Section 16-4-100, the following terms are used:

(a)

Act means the Oil and Gas Conservation Act of the State of Colorado.

(b)

Applicant means the person making an application for a special use permit (or existing use site plan order) on behalf of the operator or owner of a well.

(c)

Approved plan means the totality of the material contained in the application for a special use permit approved by the Board of Trustees following a public hearing or, in the case of an existing use site plan order, the totality of the materials contained in the application for an existing use site plan order approved administratively by the Town.

(d)

Building unit means a building or structure intended for human occupancy. A dwelling unit/structure is equal to one (1) building unit; every guest room in a hotel/motel is equal to one (1) building unit; and every five thousand (5,000) square feet of building floor area in commercial facilities, and every one thousand five hundred (15,000) square feet of building floor area in warehouses, or other similar storage facilities, is equal to one (1) building unit.

(e)

Commission or COGCC means the Oil and Gas Conservation Commission of the State of Colorado.

(f)

Completion means an oil well shall be considered completed when the first new oil is produced through wellhead equipment into lease tanks from the ultimate producing interval after the production string has been run. A gas well shall be considered completed when the well is capable of producing gas through wellhead equipment from the ultimate producing zone after the production string has been run. A dry hole shall be considered completed when all provisions of plugging are complied with as set out in the rules of the COGCC. Any well not previously defined as an oil or gas well shall be considered completed ninety (90) days after reaching total depth. If approved by the Director, a well that requires extensive testing shall be considered completed when the drilling rig is released or six (6) months after reaching total depth, whichever is later.

(g)

Day means a period of twenty-four (24) consecutive hours.

(h)

Director means the Director of the Oil and Gas Conservation Commission of the State of Colorado.

(i)

Existing use site plan means the site plan submitted for preexisting wells and/or production facilities annexed into the Town after March 30, 2005. Preexisting wells are meant to include wells that are operational and incorporated into the Town by annexation. Preexisting wells do not include legal nonconforming wells described in Section 16-4-100 above. Existing use site plan order or order refers to the existing use site plan submitted and approved by the Town.

(j)

Flow lines means those segments of pipe from the wellhead downstream through the production facilities ending at the gas metering equipment or the oil loading point.

(k)

Gas well means a producing well with natural gas as the primary commercial product. Most gas wells frequently produce some condensate (natural gas liquids such as propane and butane) and occasionally produce some water.

(l)

Gathering line means a pipeline that transports gas from a current production facility to a transmission line or main.

(m)

High-density area rules for building units means a high-density area that shall be determined at the time the well is permitted on a well-by-well basis by calculating the number of occupied building units within the 72-acre area defined by a 1,000-foot radius from the wellhead or production facility. If thirty-six (36) or more actual or platted building units (as defined in the COGCC 100 Series rules) are within the 1,000-foot radius or eighteen (18) or more building units are within any semicircle of the one-thousand-foot radius (i.e., an average density of one (1) building unit per two (2) acres), it shall be deemed a high-density area. If platted building units are used to determine the density, then fifty percent (50%) of said platted units shall have building units under construction or constructed.

(n)

Injection well means any hole drilled into the earth into which fluids are injected for the purposes of secondary recovery, storage or disposal pursuant to authorizations granted by the Commission.

(o)

Inspector means any person designated by the Town, or by the Town's designee, who shall have the authority to inspect well sites to determine compliance with this Article and other applicable ordinances of the Town.

(p)

Mineral owner means any person having title or right of ownership in the subsurface oil and/or, where context dictates, any leasehold interest therein.

(q)

Multiple oil and gas operations permit means a permit issued by the Town if more than one (1) well or production facility is being applied for and approved at the same time by the same applicant.

(r)

Oil and gas operations means exploration for oil and gas, including the conduct of seismic operations and the drilling of test bores; the siting, drilling, deepening, recompletion, reworking or abandonment of an oil and gas well, underground injection well or gas storage well; production operations related to any such well, including the installation of flowlines and gathering systems; the generation, transportation, storage, treatment or disposal of exploration and production wastes; and any construction, site preparation or reclamation activities associated with such operations.

(s)

Oil well means a producing well with oil as its primary commercial product. Oil wells almost always produce some gas and frequently produce water. Most oil wells eventually produce mostly gas or water.

(t)

Operating plan means a general description of a well site or a production site identifying the purpose, use, typical staffing, seasonal or periodic considerations, routine hours of operation, source of services/infrastructure and any other information related to the regular functioning of the facility.

(u)

Operator means the person designated by the owner or lessee of the mineral rights as the operator of oil and gas operations or a production facility and so identified in the Colorado Oil and Gas Conservation Commission applications.

(v)

Person means both the singular and plural and means a natural person, a corporation, association, guardian, partnership, receiver, trustee, administrator, executor and/or fiduciary, any other legal entity or representative of any kind.

(w)

Production facilities mean all storage, separation, treating, dehydration, artificial lift, power supply, compression, pumping, metering, monitoring, flow lines and other equipment directly associated with oil wells, gas wells or injection wells.

(x)

Production site means the area containing production facilities, exclusive of gathering lines.

(y)

Reentering means accessing an existing well bore for either the original or amended purpose, provided that such well has not been abandoned.

(z)

Separator means a cylindrical or spherical vessel used to separate oil, gas and water from the total fluid stream produced by a well. Separators can be either horizontal or vertical.

(aa)

Sidetracking means to drill a secondary well bore away from an original well bore. A sidetracking operation may be done intentionally or may occur accidentally. Intentional sidetracks might bypass an unusable section of the original well bore or explore a geologic feature nearby. In the bypass case, the secondary well bore is usually drilled substantially parallel to the original well, which may be inaccessible due to an irretrievable fish, junk in the hole or a collapsed well bore.

(ab)

Special use permit means a permit issued by the Town in accordance with this Article. A special use permit order is the order issued by the Town when the special use permit is approved.

(ac)

Surface owner means any person having the title or right of ownership in the surface estate of real property and/or, where context dictates, any leasehold interest therein.

(ad)

Surface use agreement means any agreement entered into between a mineral owner and a surface owner in order to conduct oil and gas operations.

(ae)

Twinning means the drilling of wells within fifty (50) feet of each other.

(af)

Use tax means the tax on the use or consumption in the Town of any construction and building materials purchased at retail.

(ag)

Well means an oil well, gas well or injection well.

(ah)

Well site means the areas which are directly disturbed during the drilling and subsequent operation of, or affected by production facilities directly associated with, any oil well, gas well or injection well.

(ai)

Wellhead means the surface termination of a well bore that incorporates facilities for installing casing hangers during the well construction. The wellhead also incorporates a means of hanging the production tubing and installing the Christmas tree and surface flow-control facilities in preparation for the production phase of the well.

(aj)

Wildlife and natural areas shall include, but not be limited to, floodplains and floodways; natural drainage and waterways; significant native trees and vegetation; wildlife travel corridors; special habitat features such as raptor nests, key nesting, breeding or feeding areas for birds; fox and coyote dens; prairie dog colonies more than twenty-five (25) acres in size; remnant native prairie habitat; plains cottonwood galleries; natural or man-made lakes and ponds and any wetland greater than one-quarter (¼) acre in size.

Open space means that portion of the site not covered by buildings, parking areas, driveways or other impervious surfaces. Open space shall be devoted to the purpose of outdoor living spaces for the residents and may include lawn areas, walkways, sitting areas, courtyards and the like. (See Appendix C)

Outdoor dining area means an outdoor patio area adjacent to an existing indoor restaurant which is set aside by the owner or proprietor of the restaurant for the placement of tables and chairs at which patrons of the restaurant shall be seated and served meals and/or beverages by employees of the restaurant.

Outdoor storage means the location of any goods, wares, merchandise, materials commodities, vehicles, junk, debris or any other item outside of a completely enclosed building for a continuous period longer than twenty-four (24) hours. The storage of any of the items listed above is considered outside storage if the above items are either wholly or partially visible from any right-of-way or abutting lot excluding vehicles used by the residents or owners of the structure or by customers of a business establishment.

Owner means the record owner, whether person, partnership, association or corporation.

Park home or casita means a vehicle having similar characteristics to a recreational vehicle as defined in this Section, except it is less than one thousand (1,000) square feet and, unlike other types of recreational vehicles, is often placed on a permanent or semi-permanent basis for extended periods of time in the same location for use as a second home rather than used for travel purposes. Park homes are similar in appearance and function to a manufactured home but do not meet the required length of thirty-six (36) feet or more in length and at least twenty-four (24) feet wide. Units that meet these dimensional requirements are considered a Type I manufactured home in the State of Colorado and are further regulated by the Colorado Division of Housing.

Parking, off-street means any parking area or parking structure not including the right-of-way of a street, road, alley or highway.

Parking space means that part of off-street parking, exclusive of drives, turning area or loading spaces, devoted to parking of one (1) automobile or vehicle and are hard-surfaced and of all-weather construction.

Permitted use means a use allowed by right in a particular zone district.

Person means any natural person, joint venture, joint stock company, partnership, association, club, company, firm, corporation, business, trust or organization, or the manager, lessee, agent, servant, officer or employee of any of them.

Planning Commission means the Planning Commission established in Chapter 2, Article IX of this Code.

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

Principal structure means that structure whose predominant use is permitted in that particular zone.

Principal use means the primary use to which a lot or building is put.

Quasi-public means essential public (as in services rendered) although under private ownership or control.

Recreational vehicle means any of the following described equipment:

(a)

A travel trailer defined as a nonmotorized, portable, rigid structure built on a chassis and on wheels that is designated to be used as a temporary dwelling for travel, recreation, vacation or other temporary uses and towed by a motor vehicle. The term includes so-called fifth-wheel units;

(b)

A pickup coach defined as a structure designed to be mounted on or within the bed of a pickup truck for use as a temporary dwelling for travel, recreation, vacation or other temporary uses;

(c)

A motor home defined as a portable temporary dwelling to be used for travel, recreation, vacation or other temporary uses, constructed as an integral part of, or permanently attached to, a self-propelled vehicle;

(d)

A camping trailer defined as a folding structure mounted on wheels and designed to be transported and stored in a collapsed position and opened to created usable dwelling space at a destination where it is used for travel, recreation, vacation or other temporary uses;

(e)

A converted van or converted bus defined as a recreational structure created by altering or changing an existing auto, van or bus to make it suitable for use as temporary sleeping quarters for travel, recreation or other temporary uses; or

(f)

A utility trailer defined as a nonmotorized vehicle designed to be towed by a motor vehicle and used to transport one (1) or more boats, snowmobiles, all-terrain vehicles, personal watercrafts, horse trailers, flatbeds or other off-road equipment, goods or materials.

Retail marijuana means marijuana that is cultivated, manufactured, distributed or sold by a licensed retail marijuana establishment.

Retail marijuana establishment means a marijuana store, a marijuana cultivation facility, a marijuana products manufacturing facility, a marijuana testing facility or a marijuana club.

Roll-off dumpster means a stand-alone trash container typically hauled to a site by a truck having a capacity of ten (10) cubic yards or larger, with approximate dimensions of six (6) feet wide × twelve (12) feet long × three (3) feet tall.

Screening or screen means a fence, berm, wall or other materials with or without landscaping that provides a complete, opaque, year-round visual separation between differing land uses.

Setback means the distance between the property line and the setback line.

Setback line, front means a line which forms a vertical plane parallel with a front lot line of a lot, tangent to that part of a building or structure situated on such a lot which is closer to such lot line and intersecting two (2) other lot lines of such lot.

Setback line, rear means a line which forms a vertical plane parallel with a rear lot line of a lot, tangent to that part of a building or structure situated on such a lot which is closest to such rear lot line and intersecting two (2) other lot lines of such lot.

Setback line, side means a line which forms a vertical plane parallel with a side lot line of a lot, tangent to that part of a building or structure situated on such a lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot.

Sign means any written copy, display, illustration, insignia or illumination used to communicate a message or idea 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, means a sign which uses movement or change of lighting to depict action or to create a special effect or scene.

Sign, awning, 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, canopy, 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, directional, means a sign that directs the movement or placement of pedestrian or vehicular traffic.

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

Sign, flashing, means a sign which contains an intermittent or sequential flashing light source used primarily to attract attention.

Sign, freestanding, means a 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, home occupation, means a sign identifying a home occupation.

Sign, illuminated, means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

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

Sign, inflatable, means a sign in the form of a balloon, blimp or other inflated object used for attracting attention.

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

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

Sign, neon, means a sign consisting of glass tubing, bent to form letters, symbols, or other shapes and illuminated by neon or a similar gas through which an electrical voltage is discharged.

Sign, nonconforming, means a sign that: was lawfully maintained as of the effective date of the ordinance codified in this Chapter, and had been lawfully erected in accordance with the provisions of any prior version of this Chapter but which sign does not conform to the current version of this Chapter.

Sign, off-premises, means a sign normally used for promoting an interest other than that of a business, individual, products, or service available on the premises where the sign is located.

Sign, pole, means a permanent freestanding sign supported by one (1) or more poles or pylons.

Sign, projecting, means a sign which is attached perpendicular to the wall of a building or structure.

Sign, roof, means a sign above a parapet wall or on a roof of a building or structure.

Sign, sidewalk, means a portable sign that is intended to be placed on a hard surface, most commonly a sidewalk, including without limitation A-frame signs, signs that are suspended from the top member of an A-frame, signs with weighted bases, and comparable signs.

Sign, site, means a temporary sign designed or intended to be displayed for a short period of time on a vacant lot or a lot under construction.

Sign, swing, means a sign that is suspended from a horizontal support (a post) that is attached to a vertical support mounted in the ground, which may also include riders.

Sign, temporary, means a sign constructed of light fabric, cardboard, wallboard, plywood, sheet metal, paper or other light materials, with or without a frame, intended or designed to be displayed for a limited period of time.

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

Sign, wall, means a sign painted on or affixed to the wall of a building or structure, or 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, window, means a sign which is applied or attached to a window and intended to be viewed from outside the building.

Sign, yard, means a temporary sign designed or intended to be displayed for a limited period of time on a residential lot.

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

Special use permit means a permit required for all oil and gas wells and facilities.

Storage structure means a structure that is not designed for habitation, is partially or fully enclosed and holds materials such as grain, dirt, fertilizer or other similar materials.

Structural alteration means any change in the supporting members of a building such as bearing walls, columns, posts, beams, girders, floor joists or roof joists.

Structure means anything constructed or erected, which is located on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six (6) feet in height, poles, lines, cables or other transmission or distribution facilities of public utilities.

Town means the Town of Platteville, Colorado.

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

Town right-of-way means any street, avenue, boulevard, highway, sidewalk, trail, alley or similar place which is owned either in fee or through an easement, or otherwise controlled by a governmental unit.

Trailer means any wheeled vehicle, without motive power, that is designed to be drawn by a motor vehicle.

Transition duration means the time interval it takes the display to change from one (1) complete static message to another complete static message.

Transition method means a visual effect applied to a message to transition from one (1) message to the next, including: 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; and 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.

Use means the purpose for which any land, structure or building is designated, maintained or occupied.

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 requirements, granted by the Board of Adjustment due to the peculiar conditions existing within a single piece of property.

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

Yard, front means that portion of a lot lying between a public street and the nearest parallel front setback line of the lot.

Yard, rear means that portion of a lot lying between the rear lot line and the rear setback line of the lot or rear of the principal building.

Yard, side means that portion of a lot lying between a side lot line and the nearest parallel side setback line of the lot.

Zone district means an area of land in which specific uses designated by this Chapter are permitted, the boundaries of which, unless otherwise specified in this Chapter, shall be considered to be lot lines, centerlines of streets or extended streets, section lines or Town limit lines.

(Ord. 667 §1, 2011; Ord. 696 §1, 2013; Ord. 697 §2, 2013; Ord. 710 § 2, 2014; Ord. 720 §§8, 9, 2015; Ord. 721 §3, 2015; Ord. 726 §9, 2015; Ord. 730 §14, 2016; Ord. 732 §2, 2016; Ord. 744 §§1—3, 39—42, 2017; Ord. 765, 4-17-2018)