Article 4. Definitions
15.07.410 Words and terms.
The words and phrases used in this chapter shall have the meanings defined below:
“Base station” means a structure or equipment, other than a tower, at a fixed location that enables FCC licensed or authorized wireless communications between user equipment and a communications network. The term includes any equipment associated with wireless communications services, including radio receivers, antennas, coaxial or fiber optic cable, regular and backup power supplies and comparable equipment, regardless of technological configuration (inclusive of distributed antenna systems and small cell networks). The term also includes any structure, other than a tower, to which any of the equipment described herein is attached.
“Campgrounds” means organized campgrounds, including all federal, state, municipal, and county owned and designated roadside parks and campgrounds; and privately owned campgrounds which are made available, either with or without a fee to the public. “Campgrounds” shall include the following categories:
1. “Primitive” means a campground accessible only by walk-in, pack-in, or equestrian campers, where no facilities are provided. Improvements, if any, are designed for protection of the site and not for convenience or comfort of the campers. Primitive campgrounds shall be exempt from all provisions of PMC 15.07.330.
2. “Semi-primitive” means a campground accessible only by walk-in, equestrian, or motorized trail vehicles. Rudimentary facilities (privies and/or fireplaces) may be provided. Such facilities or improvements are designed for protection of the site and not for the comfort of the minimal numbers of campers in the limited use area. Semi-primitive campgrounds shall be exempt from all provisions except PMC 15.07.330(I) and (L).
3. “Semi-developed” means a campground of two (2) or more campsites accessible by any type of vehicular traffic. Facilities are provided for both protection of site and the comfort of users. Roads, trails and campsites are defined, and basic sanitary facilities (toilets and privies) are provided. Semi-developed campgrounds shall comply with all provisions.
4. “Developed” means a campground of two (2) or more campsites accessible by any type of vehicular traffic where sites are substantially developed. Tables, refuse containers, flush toilets, bathing facilities and water are provided.
5. “Modern” means a campground of two (2) or more campsites accessible by any type of vehicular traffic. Campsites for independent camping vehicles have individual water, sewer and electrical connections. Campsites accommodating dependent camping vehicles and camping equipment not provided with individual utility connections are served by individual or centralized water points, by sanitary waste stations, and by service buildings with flush toilets, lavatories, showers and laundry facilities.
“Camping equipment” means tents or other types of shelters intended, designed or used for temporary human occupancy.
“Camping party” means one (1) or more persons assigned to a single campsite.
“Camping stand” means that part of an individual campsite used for the placement of the camping vehicle or camping equipment.
“Camping vehicle” means a self-propelled or towed camping unit, or other vehicle used for temporary human occupancy.
“Camping vehicle, dependent” means a camping vehicle that has no toilet, lavatory or bathing facilities and is dependent upon a service building for toilet, lavatory and bath facilities.
“Camping vehicle, independent” means a camping vehicle that has toilet, lavatory and bathing facilities requiring connection to a sanitary sewer.
“Campsite” means any specific area within organized campgrounds or other recreation areas which is used for overnight stays by an individual, a single camping family, group or other similar entity.
“Day care, home” means a facility for child care in the permanent residence of the provider for the purpose of providing day care and training for a child or children away from their primary residence for less than twenty-four (24) hours per day. A day care home shall provide care, protection and supervision to no more than six (6) children at one (1) time, including the children of the provider. Care may also be provided for no more than two (2) additional children of school age (five (5) to eighteen (18) years of age) attending full-day school. Operation of a day care home is subject to the Child Care Licensing Act, § 26-6-101, et seq., C.R.S., and considered for purposes of this chapter to be a home occupation.
“Eligible telecommunications facility request” means a request for approval of 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.
“Group home for the handicapped or disabled” means a state-licensed home for eight (8) or fewer persons with mental or physical impairments which substantially limit one (1) or more major life activities and including such additional necessary persons required for the care and supervision of the permitted number of handicapped or disabled persons. “Handicap” and “disability” have the same legal meaning. A person with a disability is any person who has a physical or mental impairment that substantially limits one (1) or more major life activities; has a record of such impairment; or is regarded as having such an impairment. A physical or mental impairment includes, but is not limited to, hearing, visual, and mobility impairments, alcoholism, drug addiction, mental illness, mental retardation, learning disability, head injury, chronic fatigue, HIV infection, AIDS, and AIDS related complex. The term “major life activity” may include seeing, hearing, walking, breathing, performing manual tasks, caring for oneself, learning, speaking, or working. Group homes for handicapped or disabled persons, particularly as they relate to recovering (not currently using) alcoholics and persons with drug addictions, may also be known as sober living arrangements.
“Group home for persons sixty (60) years of age or older” means a home for the exclusive use of not more than eight (8) such persons; provided, that such group home (1) shall not be located within seven hundred fifty feet (750') of another such group home and (2) shall comply with any state, county, municipal health, safety, and building and fire codes.
“Home occupation” means any use for gain or support carried on within a dwelling located in a residential district, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the dwelling; it may be located within the principal building or in an accessory building.
“Manufacturing operations” means the mechanical or chemical transformation, or blending, of goods or raw materials into a new state or a finished or semi-finished product; the making of goods, articles, or parts from raw materials by hand or machinery.
“Medical marijuana-infused products manufacturer, hazardous” means a medical marijuana-infused products manufacturer, as defined in Chapter 6.11 PMC, that presents fire and life safety risks by utilizing oil extraction processes through the use of pressurized flammable gas, flammable or combustible liquids, and other processes. Examples of “hazardous” manufacturing may include, but are not limited to, the use of butane, propane, acetone, naphtha, alcohol, etc., during the manufacturing process.
“Medical marijuana-infused products manufacturer, nonhazardous” means a medical marijuana-infused products manufacturer, as defined in Chapter 6.11 PMC, that does not exceed reasonable fire and life safety risks, or does not otherwise meet the definition of “hazardous.” Examples of “nonhazardous” manufacturing may include, but are not limited to, the use of super/subcritical CO2 extraction processes, cooking or baking facilities.
“Mobile home” means a transferable, single-family dwelling unit suitable for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing. Such structure will have no foundation other than wheels or removable jacks for conveyance on highways and may be transported to a site as one (1) or more sections. The term “mobile home” shall not include travel trailers, campers, camper buses, or motor homes, as defined herein, or modular homes designed to be placed on a foundation.
“Mobile home park” means any parcel of ground upon which two (2) or more mobile homes are occupied as dwelling units.
“Mobile home space” means a designated portion of a mobile home park designed for the placement of a single mobile home and accessory structures for the exclusive use of the occupants and is exclusive of streets, walks and other common use areas in a mobile home park and county or Town streets, alleys, walks, or other public easements and adjacent private properties.
“Optional premises cultivation operation, large” means an optional premises cultivation operation, as defined in Chapter 6.11 PMC, that is greater than two thousand five hundred (2,500) square feet in size.
“Optional premises cultivation operation, small” means an optional premises cultivation operation, as defined in Chapter 6.11 PMC, that is two thousand five hundred (2,500) square feet or less in size
“Picnic area or site” means any place established, maintained, operated or used during the day by picnickers and where there is no overnight usage or camping.
“Recreation areas” means all public lands and surface waters of the state, other than campgrounds, used for picnicking, camping and other recreational activities.
“Retail marijuana cultivation facility, large” means a retail marijuana cultivation facility, as defined in Chapter 6.11 PMC, that is greater than two thousand five hundred (2,500) square feet in size.
“Retail marijuana cultivation facility, small” means a retail marijuana cultivation facility, as defined in Chapter 6.11 PMC, that is two thousand five hundred (2,500) square feet or less in size.
“Retail marijuana product manufacturing facility, hazardous” means a retail marijuana product manufacturing facility, as defined in Chapter 6.11 PMC, that presents fire and life safety risks by utilizing oil extraction processes through the use of pressurized flammable gas, flammable or combustible liquids, and other processes. Examples of “hazardous” manufacturing may include, but are not limited to, the use of butane, propane, acetone, naphtha, alcohol, etc., during the manufacturing process.
“Retail marijuana product manufacturing facility, nonhazardous” means a retail marijuana product manufacturing facility, as defined in Chapter 6.11 PMC, that does not exceed reasonable fire and life safety risks, or does not otherwise meet the definition of “hazardous.” Examples of “nonhazardous” manufacturing may include, but are not limited to, the use of super/subcritical CO2 extraction processes, cooking or baking facilities.
“Sand and gravel extraction and processing” means the mining of sand and/or gravel from its naturally occurring location, the processing of sand and gravel through a series of operations that entails gravel crushing, and transformation through asphalt and concrete batch plants.
“Sanitary facilities” means toilets, urinals, privies, lavatories, showers, utility sinks and drinking fountains, and the service buildings containing these units.
“Sanitary waste station” means a facility used for removing and disposing of wastes from self-contained camping vehicle sewage holding tanks.
“Self-contained camping vehicle” means one equipped with toilet and lavatory facilities, a potable water storage tank and a sewage holding tank.
“Service building” means a structure housing toilet, lavatory, bath, laundry, service sink, and other such sanitary facilities as may be required.
“Service station” means any building, land area or other premises used for the retail dispensing or sales of vehicular fuels; minor towing, servicing and repair of automobiles and light trucks; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar vehicle accessories. Body and fender work, transmission work, engine overhaul work or repair of heavy trucks or vehicles are excluded from this use. A use that fits this definition may also include the sale of ready-to-eat food products (not intended for on-premises consumption), groceries and sundries.
“Sewer connection” means the connection of all pipes, fittings and appurtenances connecting the drain outlet of the mobile home or camping vehicle with the sewer riser pipe of the sewage system.
“Substantial change” means a modification to an existing tower or base station under the following circumstances:
1. A substantial change in the height of an existing tower or base station occurs as follows:
a. For a tower outside a public right-of-way, when the height of the tower is increased by more than ten percent (10%), or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty feet (20'), whichever is greater.
b. For a tower located in a public right-of-way or for a base station, when the height of the structure increases by more than ten percent (10%) or by more than ten feet (10'), whichever is greater.
2. Changes in height are measured as follows:
a. When deployments are separated horizontally, changes in height shall be measured from the original support structure, not from the height of any existing telecommunications equipment.
b. When deployments are separated vertically, changes in height shall be measured from the height of the tower or base station, including any appurtenances, as the tower or base station existed on February 22, 2012.
3. A substantial change in the width of an existing tower or base station occurs as follows:
a. For a tower outside of public rights-of-way, when the addition of an appurtenance to the body of the tower protrudes from the edge of the tower more than twenty feet (20'), or more than the width of the tower structure at the level of the appurtenance, whichever is greater.
b. For a tower located in a public right-of-way or for a base station, when the addition of an appurtenance to the body of the structure would protrude from the edge of the structure by more than six feet (6').
4. A substantial change also occurs for an existing tower in a public right-of-way or an existing base station as follows:
a. When the change involves the installation of any new equipment cabinets on the ground, if no ground cabinets presently exist; or
b. When the change involves the installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any existing ground cabinets.
5. A substantial change also occurs for any existing tower or base station when any of the following are found:
a. When the change involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four (4) new cabinets, whichever is less.
b. When the change entails any excavation or deployment outside the current site.
c. When the change would defeat the concealment elements of the eligible structure.
d. When the change does not comply with conditions associated with the original siting approval of the construction or modification of the tower, base station or base station equipment. This limitation does not apply if the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified above.
“Telecommunications facilities” means radio or television broadcasting towers, telecommunications towers, and antenna satellite dish arrays (freestanding or tower mounted). A “telecommunications facility” does not include residential television antennas, satellite dish antennas, or amateur radio antennas.
“Tower” means a structure built for the sole or primary purpose of supporting any FCC 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.
“Water connection” means the connection of all pipes, fittings, and appurtenances connecting the water inlet pipe of the mobile home with the water riser pipe of the water supply.
“Water riser pipe” means the portion of the water supply system which extends vertically to the ground surface and terminates at a mobile home space. (Ord. 711 §1 (Exh. A), 2017; Amended Ord. 722 §2, 2017)