As used in this Code, the following words shall have the following definitions ascribed to them, unless otherwise provided:

Accessory building means a subordinate building or structure, the use of which is customarily incidental to that of the main building or to the main use of the land, which is located on the same lot (or on a contiguous lot in the same ownership) with the main building or use. Accessory buildings are only permitted when they are incidental or accessory to an existing and permitted principal or conditional use.

Accessory dwelling or ADU means an internal, attached, or detached dwelling that provides complete independent living facilities for one (1) 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. An ADU may also be known as an "accessory apartment," "secondary suite," or "mother-in-law apartment."

Accessory use means a subordinate use, incidental and related to the main structure, building or main use of land, that is located on the same lot (or on a contiguous lot in the same ownership) as that of the main building or to the main use of the land.

Active open space means an open space area developed primarily for community access and recreation including sports, exercise, or active play. These areas may include hardscape or landscape areas that have been formally designed and constructed.

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

Adjacent on-street parking means on-street parking that is located directly next to a proposed development. At least fifty percent (50%) of the length of the proposed space must be within the dimensions of the proposed development to be eligible as an adjacent on-street space.

Adjacent property owner means an owner of record of any estate, right or interest in real property adjacent to or within a three hundred (300)-foot radius of the subject property.

Adult-oriented use means a use of property where the principal use, or a significant or substantial adjunct to another use of the property, is the sale, rental, display or other offering of live entertainment, dancing or material that is distinguished or characterized by its emphasis on depicting, exhibiting, describing or relating to specified sexual activities or specified sexually related anatomical areas as the primary attraction to the premises. For purposes of this Code, the definition of adult-oriented use shall not include a use of property where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the State engages in a medically recognized practice, including but not limited to sexual therapy.

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

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

Agricultural land means real property that is being used for one (1) or more agricultural activities.

Agriculture Type I means home-based agricultural activity focusing on raising of livestock, food, etc. for noncommercial purposes.

Agriculture Type II means farming, including plowing, tillage, cropping, use of best management practices, seeding, cultivating or harvesting for the production of food and fiber products; the grazing or raising of livestock (except in feedlots); sod production; orchards, tree farms and nurseries and the cultivation of products for commercial purposes.

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

Alley loaded unit means an attached or detached single-family dwelling unit which has a garage that is accessed from an alley and not from a street.

Alteration means any change, addition or modification in construction, occupancy or use.

Amusement center. See Recreation facility, indoor.

Amusement park means an outdoor enterprise with the main purpose of providing the general public with recreational entertainment activities and where tickets are sold or fees are collected for such activities. Examples of such recreational entertainment activities include but are not limited to miniature golf courses, outdoor arcades, Ferris wheels, children's rides, roller coasters, skateBoard parks, go-cart tracks, water parks and similar uses.

Animal boarding means the operation of an establishment in which domesticated animals other than household pets are housed, groomed, bred, boarded, trained or sold. This term shall not include the operation of a kennel.

Applicant means the owner of land, the owner's authorized representative or the optionee of the land who is submitting an application for consideration and approval by the Town for annexation, subdivision, zoning, development or other land use requiring approval.

Appurtenances means the visible, functional or ornamental objects subordinate to the use of property.

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

Automotive repair, major means an establishment primarily engaged in the repair or maintenance of commercial and heavy truck-oriented motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, provided that activities are conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products.

Automotive repair, minor means an establishment primarily engaged in the repair or maintenance of passenger and light truck-oriented motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune-ups and transmission work, car washing, detailing, polishing or the like, provided that activities are conducted within a completely enclosed building. Such use shall not include the sale of fuel, gasoline or petroleum products.

Awning means a roof-like cover of canvas or other material extending in front of a doorway or window or over a deck to provide protection from the sun or rain.

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

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

Beacon, revolving means a rotating source of light.

Bed and breakfast means an establishment operated in a private residence or portion thereof, which provides temporary accommodations to overnight guests for a fee and which is occupied by the operator of such establishment.

Bike trail means a path or trail designed for use by bicyclists, which may be used by pedestrians.

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

Boardingandrooming house means a building or portion thereof that is used to accommodate, for compensation, two (2) or more Boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word compensation shall include compensation in money, services or other items of value.

Building means any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is governed by the following characteristics:

(1)

Is permanently affixed to the land.

(2)

Has one (1) or more levels and a roof.

Building Code means the set of standards that must be followed in the construction and remodeling of buildings and structures, as adopted by the Town in Chapter 18 of this Code.

Building frontage means the horizontal, linear dimension of that side of a building that abuts a street, parking area, mall or other circulation area open to the public and has either a main window display or a public entrance to the building.

Building height means the vertical distance from the average curb elevation to the highest roof surface.

Building permit means a document signed by the building administrator as a condition precedent to the commencement of the erection, construction, reconstruction, restoration, alteration, conversion or installation of a building, which acknowledges that such structure complies with the provisions of this Code.

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 (4)-inch caliper size and as measured at twelve (12) inches above the ground for larger sizes.

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

Cash-in-lieu (also known as fee-in-lieu) means an amount of money to be paid by the applicant to the Town at the determination of the Town Council, instead of dedication or other requirements.

Cemetery means land used or intended to be used for the burial of the dead.

Child care center means a facility, by whatever name known, that is operated for the whole or part of a day for the care of five (5) or more children under the age of sixteen (16) 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, day nurseries, nursery schools, pre-schools, play groups, day camps, summer camps and those facilities that give twenty-four(24) hour-per-day care for children, but specifically excludes any hospital or family-care home.

Child care centers are also those facilities for children under the age of six (6) years with stated educational purposes that are operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six (6) grades, so long as the school system is not also providing extended day services.

Cluster homes means single-family homes formally Planned, constructed and managed by an association for maintenance-free living in a park-like atmosphere with private, accessible natural areas and privacy being the dominant features. Land ownership is generally, but not exclusively, held in common ownership.

Colorado Common Interest Ownership Act or CCIO means Article 33.3 of Title 38 of the Colorado Revised Statutes, including any subsequent amendments thereto, or successor statutes.

Common equestrian stabling andgrazing means shared pastures and/or common barns for horses that are owned and maintained by a homeowners' association.

Common interest community shall have the same meaning as defined in the Colorado Common Interest Ownership Act, as appropriate.

Community facility means a publicly owned facility or office building that is primarily intended to serve the recreational, educational, cultural, administrative or entertainment needs of the community as a whole.

Company vehicle means a vehicle that is used solely for the purposes of the business. It is assumed that the vehicle will be parked at the proposed development during off-hours of the business. Company vehicles do not include semi-trucks or other large vehicles used for transportation of freight.

Compatibility means the characteristics of different uses or activities or design that allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include but are not limited to, height, scale, mass and bulk of structures. Other characteristics include but are not limited to pedestrian or vehicular traffic, circulation, access and parking impacts. Additional factors that affect compatibility are landscaping, lighting, noise, odor and architecture. Compatibility does not necessarily mean the same as; rather, compatibility refers to the ability of a development proposal to complement the character of existing development.

Comprehensive Plan means the Plan that was most recently adopted by the Planning Commission and Town Council in accordance with Section 31-23-206, CRS to guide the future growth, protection and development of the Town, affording adequate facilities for housing, transportation, comfort, convenience, public health, safety and general welfare of its population.

Compressed gravel means gravel that has ninety-five (95)-percent compaction at standard proctor densities at two (2)-percent optimum moisture content.

Condominium means a single dwelling unit in a multiple-unit structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.

Conservation easement means a nonpossessory interest in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open space values of real property, assuring its availability for agricultural, forest, recreational or open space use and protecting natural resources or maintaining air or water quality.

Convenience center means a shopping and service center located in a complex that is Planned, developed and managed as a single unit and located within and intended to primarily serve the consumer demands of adjacent employment areas and residences.

Convenience retail store means a retail store containing less than five thousand (5,000) square feet of gross floor area that sells everyday goods and services, which, without limitation, may include ready-to-eat food products, groceries, over-the-counter drugs and sundries.

Covenants means a private written agreement between property owners outlining regulations specific to a development.

Critical Plant communities means vegetation essential to the conservation of threatened or endangered species that may require special management considerations or protection.

Crosswalk means a pathway marked off for pedestrians to cross a street.

Cul-de-sac means a local street having only one (1) outlet and the other end for the reversal of traffic movement.

Cultural assets means buildings, locations and other features considered by the Town as historically, culturally or socially significant to the community.

Deck means a roofless outdoor space built as an aboveground platform projecting from the wall of a building and connected by structural supports at grade or by the building structure.

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

Density means the overall average number of dwelling units located on the gross or net residential acreage (as applicable) contained within a development and calculated on a per-acre basis. Gross density is calculated by dividing the total number of units by the total acreage. Net density is calculated by dividing the total number of units by the difference between the total acreage, less all publicly dedicated land.

Detention basin means a human-made or natural water collection facility designed to collect surface and subsurface water in order to control its flow and release the same gradually at a rate not greater than that prior to the development of property into natural or human-made outlets.

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

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

Development shall include:

(1)

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

(2)

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

(3)

Any change in use of land or a building.

(4)

Any alteration of a shore or bank of a river, stream, lake, pond, reservoir or wetland.

(5)

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

(6)

The demolition of a building.

(7)

The clearing of land as an adjunct of construction.

(8)

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

(9)

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

(10)

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

Development shall not include:

(1)

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

(2)

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

(3)

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

(4)

The use of any land for an agricultural activity.

(5)

A change in the ownership or form of ownership of any parcel or building.

(6)

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

Development Plan means the written and graphical documents that detail the provisions for development. A site-specific development is a type of development Plan. The provisions of a development Plan may include easements, covenants and restrictions relating to use; location and bulk of buildings and other structures; intensity of use or density of development; utilities, private and public streets, ways, roads, pedestrian areas and parking facilities and common open space and other public facilities.

Duplex unit means a two-family dwelling unit with each unit typically located on its' own lot. Each unit has direct access to the outside, and the units are attached to each other by party walls or a floor/ceiling with one (1) unit above the other.

Dwelling means a building or portion thereof used for residential occupancy, including but not limited to single-family dwellings, two-family dwellings and multi-family dwellings.

Dwelling, multi-family means a building or portion thereof designed to contain three (3) or more dwelling units. Each unit typically does not have direct access to the outside, and each unit is attached to another unit at one (1) or more party walls and at either the floor or the ceiling. Multi-family does not include single-family attached units such as townhomes and/or duplexes, nor does it include hotels, motels, and similar group accommodations.

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

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

Dwelling, single-family detached means a single-family dwelling that is not attached to any other dwelling or building by any means, excluding mobile homes, otherwise provided for herein.

Dwelling, two-family means a building designed for and occupied by two (2) families living independently of each other.

Dwelling unit means one (1) or more rooms, a single kitchen and at least one (1) bathroom designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi-family dwelling or mixed-use building.

Easement means a right to land commonly established by means of a real estate deed or agreement or on a recorded plat to permit the use of land by the public, a corporation or particular persons for specified uses.

Eave means the overhanging lower edge of a roof.

Elevation means the external vertical Plane of a building. Building elevations are considered to be different if they have different roof lines, building materials, details, color and overall stylistic expression.

Entertainment facility andtheater means a building or part of a building devoted to showing motion pictures or dramatic, musical or live performances.

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

Family means any individual or two (2) or more persons related by blood, adoption or marriage, or an unrelated group of not more than three (3) persons living together in a dwelling unit and includes family foster care of up to four (4) children that is licensed according to state statutes.

Family child care home means a facility for child care in a place of residence of a family or person for the purpose of providing less than twenty-four (24)-hour care for children under the age of eighteen (18) who are not related to the head of such home. Family child care home may include infant-toddler child care homes, large child care homes, experienced provider child care homes and such other types of family child care homes designated by rules of the State Department of Social Services pursuant to Section 26-6-106(2)(p), CRS.

Farm animals means animals commonly raised or kept in an agricultural rather than urban environment, including but not limited to chickens, pigs, sheep, goats, horses, cattle, llamas, alpacas, emus, ostriches, donkeys and mules. Also referred to as livestock.

Feedlot means a tract of land or structure, pen or corral, wherein farm animals, including but not limited to cattle, horses, sheep, goats, emus, ostriches or swine, are maintained in close quarters for the purpose of fattening such farm animals for final shipment to market.

Floodplain orflood hazard area means any area that has been designated by the Town Council, the Colorado Water Conservation Board or FEMA as susceptible to flooding.

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

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Floor area, also called gross floor area, means the total square footage of the building measured along the outside walls of the building and including each floor level but not including exterior open balconies, garages or other enclosed automobile parking areas and basement storage areas and not including one-half (½) of all storage and display areas for durable goods.

Floor Area Ratio (FAR) means the amount of gross floor area of all principal buildings on a lot or block, as the case may be, divided by the total area of such lot, or the block size, respectively, on which such buildings are located. For mixed-use blocks, the residential square footage shall be added to the commercial development for a total block FAR.

Footprint, also called ground level footprint, means the outline of the total area that is covered by a building's perimeter at ground level.

Freestanding sign means a sign that is supported by one (1) or more columns, uprights, poles or braces extended from the ground or that is erected on the ground. These include monument signs and pole signs but do not include signs attached to structures.

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

Gable means the triangular portion of a wall enclosing the end of a pitched roof from the cornice or eaves to the ridge.

Garage, split means a building with at least two (2) separate garages that are oriented in different directions.

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

Gasoline station means any building, land area, premises or portion thereof, where gasoline or other petroleum products or fuels are sold and light maintenance activities, such as engine tune-ups, lubrication, minor repairs and carburetor cleaning, may be conducted. Gasoline station shall not include premises where heavy automobile maintenance activities, such as engine overhaul, automobile painting and body fender work, are conducted.

Grade means:

(1)

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

(2)

The degree of rise or descent of a sloping surface.

Grade, natural means the elevation of the ground surface in its natural state before human-made alterations.

Grocery store means a retail establishment primarily selling food as well as other convenience and household goods, which occupies a space of at least five thousand (5,000) square feet but not more than twenty-five thousand (25,000) square feet. A large grocery store, greater than twenty-five thousand (25,000) square feet, is synonymous with supermarket.

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

Group home means a residence operated as a single dwelling, which is licensed by or operated by a government agency for the purpose of providing special care or rehabilitation due to age, physical condition or illness, mental condition or illness, social, behavioral or disciplinary problems, or homelessness provided that authorized supervisory personnel are present on the premises.

Guest house means an accessory building that is physically detached from a single-family dwelling unit, is serviced through the same utility meters or connections as the principal use, is intended for temporary occupancy by visitors to the family residing in the single-family dwelling and has no cooking facilities.

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

Home-Based Business Type I means any home occupation that does not create additional traffic, parking, noise or smells that can potentially have negative impacts on the adjacent neighborhoods.

Home-Based Business Type II means any home occupation that creates additional traffic, parking, noise or smells that can potentially have negative impacts on the adjacent neighborhoods.

Home occupation means any use conducted principally within a dwelling and carried on by the inhabitants, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.

Illumination, direct means lighting by means of an unshielded light source, including but not limited to neon tubing, which is effectively visible as a part of a sign where light travels directly from the source to the viewer's eye.

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

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

Indoor recreation facility means a place where recreation activities occur completely within an enclosed structure, including but not limited to bowling alleys, skating rinks, pool halls and video and pinball parlors.

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

Industrial, light means uses engaged in the manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales or distribution of such products. Further,light industrial means uses such as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories or the like. Light industrial shall not include uses such as mining and extracting industries, petrochemical industries, rubber refining, primary metal or related industries.

Infrastructure means improvements such as streets, water systems, wastewater and solid waste disposal systems, storm drainage systems, electric, gas or other utilities, bridges, roadways, trail systems and sidewalks, bus stops and so forth, which serve the common needs of the population and provide the basic framework for urban daily life.

Junkyard means an industrial use contained within a building, structure or parcel of land or portion thereof that is used for collecting, storing or selling wastepaper, rags, scrap metal or discarded material or for collecting, dismantling, storing, salvaging or demolishing vehicles, machinery or other material and including the sale of such material or parts thereof.

Kennel means a facility that is licensed to house dogs, cats or other household pets and/or where grooming, breeding, Boarding, training or selling of animals is conducted as a business.

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

Large retail establishment means a retail establishment or any combination of retail establishments in a single building that occupies more than twenty-five thousand (25,000) gross square feet of floor area, except that no supermarket shall be deemed to be a large retail establishment.

Laundry anddry cleaning retail outlet means a laundry or dry cleaning business that consists primarily of serving retail customers, provided that any laundry and dry cleaning processing that occurs on the premises is limited to items that are brought directly to the premises by the retail customer.

Livestock. See Farm animals.

Lodging establishment means a building intended and used for occupancy as a temporary abode for individuals who are lodged with or without meals, in which there are three (3) or more guest rooms.

Lot means a designated parcel, tract or area of land established by plat or subdivision or otherwise permitted by law, occupied or intended to be occupied by such uses and structures permitted under these rules and regulations together with required open spaces, and which has direct access onto a public or private street.

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

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

Lot, double frontage means a lot that fronts on one (1) public street and backs onto another public street.

Lot, flag means a lot shaped and designed so that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street.

Lot line, front means the property line dividing a lot from a street. On a corner lot, only one (1) line (the line with the shortest street frontage) shall be considered as a front line, and the line with the longer street frontage shall be considered a side lot line.

Lot line, rear means the property line opposite the front lot line.

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

Lot, reverse corner means a corner lot, the side lot line of which is substantially a continuation of the front lot line to the rear lot line.

Lot size means the total horizontal area within the property lines of a lot; this is synonymous with lot area.

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

Manufactured home means a single-family dwelling that:

(1)

Is partially or entirely manufactured in a factory.

(2)

Is at least twenty-four (24) feet wide and thirty-six (36) feet long.

(3)

Is permanently affixed to and installed on an engineered, permanent foundation.

(4)

Has a pitched or cosmetically equivalent roof and brick, wood, wood composite, vinyl, metal or stucco exterior siding.

(5)

Complies with Housing and Urban Development (HUD) standards or standards of the adopted building Code, as applicable, or meets or exceeds equivalent requirements and performance engineering standards.

Manufacturing means a business that makes products by hand or by machinery.

Maximum service capacity means the maximum number of patrons that may visit a restaurant or similar establishment at any given time, as set by the fire department or other public safety entities.

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

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

Mixed-use dwelling unit means the dwelling unit in a mixed-use building. For purposes of calculating residential density, each mixed-use dwelling unit shall count as one-half (½) dwelling unit.

Mobile home means a single-family dwelling unit partially or entirely manufactured in a factory, built on a permanent chassis and designed to be transported on streets to the place where it is to be occupied as a dwelling unit. A mobile home shall conform to the following design and installation standards:

(1)

Is not less than twelve (12) feet wide and thirty-six (36) feet long.

(2)

Is partially or entirely manufactured in a factory.

(3)

Is designed for longer-term residential use.

(4)

Meets or exceeds, on an equivalent performance engineering basis, standards established by the Town's adopted building Code.

(5)

Is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended.

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

Motor vehicle service and repair. See Automotive repair.

Natural area means an area of land that may include one (1) or more floodplains and floodways, natural drainage and waterways, significant native trees and vegetation, wildlife travel corridors, special habitat features such as raptor nest sites, key nesting, breeding or feeding areas for birds, fox and coyote dens, prairie dog colonies over twenty-five (25) acres in size, remnant native prairie habitat, plains cottonwood galleries and any wetland greater than one-quarter (¼) acre in size.

Neighborhood commercial center means an area containing businesses that are intended to provide goods and services to the immediate neighborhood (within a walkable radius).

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

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

Nonconforming use means a use that does not conform to the use regulations of this Code.

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

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

Open space means any land or water area with its surface open to the sky that serves specific uses of providing park and recreation opportunities, conserving natural areas and environmental resources, structuring urban development form and protecting areas of agricultural, archaeological or historical significance. Open space shall not be considered synonymous with vacant or unused land but serves important urban functions. Usable open space shall exclude areas used for off-street parking, off-street loading, service driveways and setbacks from oil and gas wells and their appurtenances or other hazards to the public.

Outdoor storage means the keeping, in an unroofed area, of any equipment, goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours. Containers and semi-trailers may not be used for residential uses or storage uses except on construction sites.

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

Owners' association means the association set up to enforce the covenants and maintain all common areas and buildings for a development. In the case of a residential development, such association may also be known as a homeowners' association.

Parcel means a tract, lot or plot of land.

Park means a tract of land designated and used by the general public or membership (if privately owned) for active and passive recreation and education.

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

Passive open space means an open space area development primarily for leisure, relaxation, or the preservation of nature. These areas may include landscaped garden beds, wildlife habitats, native planting areas, or similar spaces within the community.

Patio home means an attached or detached single-family dwelling unit that typically maxes out at one (1) or one and one-half (1.5) stories. Units tend to be much smaller in their overall footprint, lot size, and typically include narrower setbacks which result in lower maintenance costs.

Pedestrian accessway means a facility used for on-foot travel by patrons, including without limitation, sidewalks, crosswalks, pathways, whether or not located in the right-of-way.

Pedestrian scale, also known as human scale, means the proportional relationship between the dimensions of a building or building element, street, outdoor space or streetscape element and the average dimensions of the human body, considering the perceptions and walking speed of a typical pedestrian.

Phase means a portion of property that is being platted and engineered for development at the same time.

Plat means a map of certain described land giving form, detail and substance to a development Plan or site Plan and prepared in accordance with the requirements of this Code and Section 38-51-106, CRS, as an instrument for recording of real estate interests with the County Clerk and Recorder.

Playground zone area means a designated safety area surrounding each item of playground equipment that must be kept free and clear if other structures, decorations, or similar devices.

Porch means a roofed or otherwise covered projection from a main wall of a dwelling entrance and open on three (3) sides, except for wire screening. A porch shall not be considered open if enclosed by glazing.

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

Private property rights means the rights of a property owner within the Town to use his or her property within the legal parameters set forth in this Code and subject to applicable local, state and federal regulations.

Professional office means an office for professionals such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, accountants and others who through training are qualified to perform services of a professional nature and where no storage or sale of merchandise exists, except as accessory to the professional services.

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

Property means all real property subject to development regulation by the Town.

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

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

Public improvement means any irrigation or drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, landscaped open space, off-street parking area, lot improvement or other facility that is intended for primary benefit to the public.

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

Recreation facility, indoor means a recreational land use that is conducted entirely within a building, with or without seating for spectators, and that provides accommodations for a variety of individual, organized or franchised events, including but not limited to arcade, arena, art gallery, art studio, art center, auditorium, athletic center, bowling alley, community center, exhibit hall, game center, gymnasium, library, museum, performance theater, skating rink, swimming pool, tennis court and support facilities.

Recreation facility, outdoor means a recreational land use conducted in open or partially enclosed or screened facilities, including but not limited to athletic fields, driving ranges, miniature golf, swimming pools, racquet courts, basketball courts, skate parks, bike parks, motorized model airPlane facilities and motorized cart tracks.

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

Resource extraction, processes andsales means removal or recovery by any means whatsoever of sand, gravel, soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, exposed or submerged.

Restaurant, drive-through means any establishment in which the principal business is the sale of food and beverages to the customer in a ready-to-consume state and in which the design or principal method of operation of all or any portion of the business is to allow food or beverages to be served directly to the customer in a motor vehicle.

Restaurant, fast-food means any establishment in which the principal business is the sale of food and beverages to the customer in a ready-to-consume state and in which the design or principal method of operation includes the following characteristics:

(1)

Food and beverages are usually served in paper, plastic or other disposable containers.

(2)

The consumption of food and beverages is encouraged or permitted within the restaurant building, within a motor vehicle parked upon the premises, at other facilities on the premises outside the restaurant building or for carryout.

(3)

The overall operation is intended to move the maximum number of customers in the minimum amount of time.

Restaurant, standard means any establishment in which the principal business is the sale of food and beverages to customers in a ready-to-consume state, where fermented malt beverages and/or malt, special malt or vinous and spirituous liquors may be produced or served on the premises as an accessory use and where the design or principal method of operation includes one (1) or both of the following characteristics:

(1)

Customers are served their food and/or beverages by a restaurant employee at the same table or counter where the items are consumed.

(2)

Customers are served their food and/or beverages by means of a cafeteria-type operation where the food or beverages are consumed within the restaurant building.

Resubdivide means the changing of any existing lot or lots, street rights-of-way or easements of a subdivision plat previously recorded with the County Clerk and Recorder.

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

Ridgeline means a line connecting the highest points along a ridge and separating drainage basins or small-scale drainage systems from one another.

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

Roadway means that portion of the street between the regularly established curb lines.

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

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

Septic system means individual sewage disposal systems as defined by the Weld County Department of Public Health and Environment.

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

Setback means the required unoccupied open space between the nearest projection of a building or specific part thereof and the nearest property line of the lot on which the structure is located.

Setback, front yard means the distance a building or structure must be placed from the front lot line.

Setback, rear yard means the distance a building or structure, excluding an open deck, must be placed from the rear lot line.

Setback, side yard means the distance a building or structure must be placed from the side lot line.

Severance: HomeTown Vision is the formal title of the 2020 Severance Comprehensive Plan.

Shared parking means parking that is utilized by two (2) or more businesses in the vicinity.

Shopping center means a group of retail and service establishments located in a complex that is Planned, developed, owned or managed as a unit with off-street parking provided on the property.

Sight distance triangle means the area at the four (4) corners of an intersection that is to be kept free of shrubs, groundcover, berms, fences, structures or other materials or items greater than thirty-six (36) inches in height. Trees shall not be Planted in the triangular area. The size of the sight distance triangles is determined as follows:

(1)

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

(2)

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

Sign, window means a sign that is painted on, applied to or attached to a window or that can be read through the window from the public right-of-way.

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

Site Plan means a scale drawing that shows proposed uses and structures for a parcel of land. Included are the actual measurements of lot lines, lot area, streets, private roadways, the size and location of any existing or proposed buildings, the location of the lot in relation to abutting streets and other details, such as parking areas and spaces, access points, landscaped area, setbacks from lot lines, building heights, floor areas, densities, utility locations and easements. A site Plan is a more detailed representation of a proposed development than is shown on a plat and may also include statistical data as required.

Site-specific development Plan means the final plat of a subdivision or final development Plan when approved by the Town Council pursuant to Article 4 of this Code.

Small animal Boarding. See Kennels.

Small lot detached development means a division or redivision of land to create single-family detached dwelling units in appropriately zoned property. Each unit is located on its own fee-simple lot, typically surrounded by common open space which is often managed by an association or similar entity.

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

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

Subdivision means the division or re-division of land into one (1) or more lots, tracts, or other parcels of land, or other division or re-division for the purpose, whether immediate or future, of transfer of ownership or sale of ownership of real estate or property. Subdivision shall include, but not be limited to, the following types of developments and/or legal interests relating to the process of subdividing or to the land or territory subdivided:

(1)

Division of land: The division of land, whether by deed, metes and bounds description, map, plat, or other recorded instrument.

(2)

Time share interests: The formation of interval estates, time share estates, time span estates and other time-sharing interests as defined by the Condominium Ownership Act.

(3)

Common interest community: The establishment of land as a common interest community, even if it does not include common property, except for a cooperative, as defined in the Colorado Common Interest Ownership Act.

Subsidence means a local mass movement that involves the downward settling or sinking of the solid earth surface, commonly known as a sinkhole. Subsidence may be due to natural geologic processes or human activity such as mineral extraction.

Supermarket means a retail establishment primarily selling food as well as other convenience and household goods, which occupies a space greater than twenty-five thousand (25,000) square feet.

Temporary use means a prospective use intended for limited duration to be located in a zoning district that does not permit such use. Such use may not exceed one hundred eighty (180) days unless renewal, limited to one (1) time, is granted by the Town Council and the use does not involve the construction of any permanent structure. Temporary uses are regulated in this Code. A temporary use shall not include continuing a nonconforming use or building.

Title commitment means a formal documentation from a title company, listing the name of the owner of the property, the legal description of the property and any items of public record affecting title to such property, including easements, secured interests, liens or other items, appurtenances and encumbrances.

Town Council means the governing Board of the Town.

Townhome unit means a type of attached multi-family dwelling in a row of at least three (3) or more single-family attached dwelling units, but not more than six (6) dwelling units per structure, in which each unit has its own front and rear access to the outside, and each unit is separated from any other unit by one (1) or more vertical common fire-resistant walls. No unit is located over another unit.

Tree lawn (tree way) means a strip of landscaping within the right-of-way, generally between the roadway and adjacent sidewalk.

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

Vehicle major repair, servicing and maintenance means any building, land area, premises or portion thereof where heavy maintenance activities, such as engine overhauls, automobile or truck painting, body or fender work, welding or the like, are conducted. Such use shall not include the sale of fuel, gasoline or petroleum products.

Vehicle minor repair, servicing and maintenance means the use of any building, land area, premises or portion thereof where light maintenance activities, such as engine tune-ups, lubrication, carburetor cleaning, brake repair, car washing, detailing, polishing or the like, are conducted.

Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site-specific development Plan, pursuant to and in accordance with Article 8 of this Code and other applicable laws, ordinances or regulations.

Walkway means a right-of-way dedicated to public use that is not within a street right-of-way, to facilitate pedestrian access through a subdivision block by means of a hard surface path or any portion of a parking lot area restricted to the exclusive use of pedestrian travel.

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

Warehousing means a business storing or stocking merchandise or commodities.

Wireless communication equipment means equipment used to provide wireless telecommunication service that is not affixed to or contained within a wireless communication facility but is instead affixed to or mounted on an existing building or structure that is used for some other purpose. Wireless communication equipment also includes a ground-mounted base station used as an accessory structure that is connected to an antenna mounted on or affixed to an existing building.

Wireless communication facility means any freestanding facility, building, pole, tower or structure used to provide only wireless communication services and that consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless communication services.

Wireless communication services means services providing for the transmission of wireless communications utilizing frequencies authorized by the Federal Communications Commission for paging systems, enhanced specialized wireless communication, personal communication services or cellular telephones.

Workshop andcustom small industry means a facility wherein goods are produced or repaired by hand using hand tools or small-scale equipment, including small engine repair, furniture making and restoring, upholstering, restoration of antiques and other art objects or other similar uses.

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

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

Yard, rear means a yard extending across the full width of a lot between the rear lot line and the nearest line or point of a building, not including an open deck.

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

Zero lot line townhouse development means the division of land to create single-family attached dwelling units, as defined in this Code, with common (or "party") walls. Each unit is located on a lot in such a manner that one (1) or more of the dwelling's sides rests on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple.

Zoning district means a designation of zoning category by the Town as set forth in Section 3 of this Code.

Zoning map means the official map adopted by the Town, as amended from time to time, depicting the location of zoning districts throughout the area of property within the Town's municipal boundaries.

(Ord. 2021-08 §2; Ord. 2022-29 §2; Ord. 2022-31 §2; Ord. 2023-05, §6; Ord. 2023-08, §3; Ord. 2025-01 §3)