Upon application to the Town Clerk and approval by the Town Council, a temporary use permit may be issued for the following uses for the period of time indicated. Such permits shall be valid only for the period of time specified. Extensions of time may be granted by the Town Council.

(1)

Construction offices and yards incidental thereto for construction on the premises: nine (9) months.

(2)

Carnivals, circuses, bazaars and fairs: one (1) week.

(3)

Tent meetings and crusades: two (2) weeks.

(4)

Parking for authorized temporary uses.

(Prior code 70-75; Ord. 33 §B1, 2003)

(a)

Renewable energy devices may exceed the maximum height allowances in the zone districts not to exceed ten (10) feet above the height permitted, provided that written approval is granted by the Technical Review Committee, which shall have found that the use would not impair the use of, or prevent the proper access of light, air or solar access to, adjacent properties, nor be out of harmony with the intent and purpose of this Chapter.

(b)

The following uses may be excepted from the maximum height requirements, provided that written approval is granted by the Planning and Zoning Commission, which shall have found that the use would not impair the use of, or prevent the proper access of light, air or solar access to, adjacent properties, nor be out of harmony with the intent and purpose of this Chapter:

(1)

Church towers;

(2)

Elevator enclosures;

(3)

Monuments; and

(4)

Renewable energy devices more than ten (10) feet above the allowable zone district height limit. Further, the entity seeking approval of a renewable energy device denied by the Technical Review Committee may appeal to the Planning and Zoning Commission.

(c)

Major utility facilities may be exempted from the maximum height requirements in the zone districts where they are permitted, provided that approval is granted through a special review process. In granting the height exception for major utility facilities, the Town Council shall consider the following additional review criteria in addition to the special review criteria:

(1)

The additional height is reasonably necessary in the circumstances for the major utility facility; and

(2)

The additional height will not injure the value of or use of or prevent the proper access of light and air to adjacent properties, and the additional height will not be inconsistent with the intent and purpose of the master plan and this Chapter.

(d)

Wireless communication facilities to the extent permitted by Section 16-191.

(Prior code 70-76; Ord. 10 §5, 1991; Ord. 9 §B, 2002; Ord. 33 §B1, 2003; Ord. 27 §B1, 2005; Ord. 18 §2(Exh. A), 2019)

The following features shall be excepted from setback requirements, provided that exceptions to the required river setback shall be subject to supplemental regulations applicable to the river setback.

(1)

Unroofed and completely unenclosed terraces, patios and decks, eighteen (18) inches or less above existing grade, provided that no more than forty percent (40%) of the setback area is covered. A railing no more than forty-two (42) inches in height may be constructed in conjunction with the terrace, patio or deck.

(2)

Unenclosed fire escapes up to a distance of four (4) feet into any required yard, for preexisting buildings only.

(3)

Awnings or shading devices, a maximum of four (4) feet into any required yard. This provision shall apply only to devices which are solely supported by attachment to the building.

(4)

Architectural features including sills, belt courses, eaves and similar features, a maximum of twelve (12) inches into any required yard.

(5)

Below-grade heating or cooling conduit or infrastructure such as a ground-source heat pump system, below-grade dry wells or other at-grade or below-grade drainage and similar infrastructure. The minimum projection necessary to accommodate exterior mounted utility junctions, meters, cable boxes, vent flues, standpipes, and similar apparatus and including any protective structure as may be required by the utility provider.

(6)

Heating and air conditioning equipment as provided below.

a.

For single-family, duplex, and multi-family residential development receiving a certificate of occupancy on or before March 11, 2014, heating and air conditioning equipment and other similar mechanical equipment proposed in the required setbacks shall meet the following requirements:

1)

Not exceed forty (40) inches above or below finished grade, but may be up to forty (40) inches above and below finished grade simultaneously; and,

2)

Be placed within non-street facing setbacks; and,

3)

If the manufacturer's specifications for a heating or air conditioning unit exceed fifty (50) decibels, a noise mitigation plan shall be submitted and approved to the satisfaction of the Town Building Official and implemented upon the installation of the equipment.

Acceptable types of noise mitigation may include, but not be limited to, the installation of sound blankets or enclosures that are reasonable in size as determined by the Town Building Official.

Exceptions to the requirements herein may be considered pursuant to the procedures set forth in Section 16-44, special review application procedures. Heating and air conditioning equipment and similar mechanical equipment that is proposed in conformance with the setback requirements is regulated pursuant to Town Code Section 16-207, heating and air conditioning equipment. For clarification, portable devices such as window units are not considered equipment and may be located in windows.

b.

For new single-family, duplex, and multi-family residential development that has not received a certificate of occupancy on or before March 11, 2014, heating and air conditioning equipment shall comply with the required setbacks and Town Code Section 16-207, heating and air conditioning equipment. For clarification, portable devices such as window units are not considered equipment and may be located in windows.

(7)

Wireless communication facilities to the extent permitted by Section 16-191.

(Ord. 10 §6, 1991; Ord. 06 §1(Exh. A), 2014; Ord. 18 §2(Exh. A), 2019)

(a)

All detached accessory buildings shall be located in the rear half of the lot.

(b)

An accessory building may be located within a required rear yard setback area on an interior lot, provided that not more than twenty-five percent (25%) of the required rear yard area is covered by such building and that a minimum setback of ten (10) feet from the rear lot line shall be maintained, and provided further that in all cases all required side yard setbacks shall be maintained.

(c)

On double frontage or through lots, the minimum setback from the rear property line shall be the same as the front yard setback for principal uses within that district.

(d)

On corner lots, the accessory buildings shall not be located closer to the street side property than required for the principal use.

(e)

Accessory buildings for vehicular storage with improved vehicular access from the building to a public street shall not exceed fifteen (15) feet in height, and accessory buildings for all other uses shall not exceed twelve (12) feet in height.

(f)

The floor area of accessory uses shall be included in the determination of the maximum lot coverage.

(g)

A non-habitable structure, regardless of whether it requires a building permit or not, requires a review and approval of a site plan by the Town Building Official to ensure that it complies with the zoning requirements.

(Prior code 70-78; Ord. 29 §§6, 7, 1990; Ord. 06 §1(Exh. A), 2014)

(a)

Side yard setbacks adjacent to a street, except for an arterial street, shall be equal to the greater of fifteen (15) feet or the side yard requirement based on height of the building in the zoning district.

(b)

Side yards abutting arterial streets shall have the same setback as required for front yard setbacks on arterial streets in the same zoning district.

(Prior code 70-79)

Only one (1) principal building may be permitted on the same lot unless approved as a part of a planned unit development or through the special review procedures of Article III.

(Prior code 70-80)

(a)

Purpose. As part of the Basalt Master Plan, the Town adopted a goal to protect and enhance its natural environment, recognizing that the environment is the source of the community's physical and economic wealth. The Town also adopted a set of Master Plan Typologies, including a Hillside Overlay, setting forth guiding principles for development on steeper slopes within the Town.

The Town intends to implement the goals and objectives of the master plan by adopting these steep slope regulations. These regulations are intended to achieve the following purposes:

(1)

Preserve the visual and aesthetic qualities of Basalt's hillside areas;

(2)

Ensure that development fits with the natural contours of the land so as to minimize the impacts of cutting, filling and grading on hillsides and steep slopes;

(3)

Control activities that would cause scarring and erosion on steep slopes and that could degrade water quality; and

(4)

Protect the public from the natural hazards associated with unstable slopes and hillside development, including those from geologic hazards and wildfire hazards.

(b)

Applicability. The provisions of Section 16-187 shall apply to development as specified in the table entitled "Applicability of Section 16-187 to Proposed Activities."

(c)

Procedures.

(1)

Administrative review. The review of all development that is subject to the provisions of this Section 16-187 shall be accomplished administratively by the Town Planner, except as provided for herein. However, for any property that is also the subject of an application for PUD, subdivision, special review, site plan review, or any other land use review procedure, the provisions of these steep slope regulations shall be consolidated with and addressed concurrently with the land use review procedures applicable to such approvals and shall not occur administratively. For PUD and subdivision applications which involve more than one (1) review step, consideration of the project's compliance with the steep slope regulations shall be determined at the sketch plan stage of the process.

Applicability of Section 16-187 to Proposed Activities

(2)

Submission requirements. In addition to any other materials required for the development, the applicant shall submit the materials listed below to permit a determination to be made of the project's compliance with these steep slope regulations. The Town Planner may, however, waive or modify any of these requirements if determined to not be applicable to the proposed development or if the materials are not needed at that stage of review in a multi-step review process.

a.

A drawing shall be provided depicting topography and other significant topographic features throughout that portion of the property where development is planned. Topography shall be shown at no less than two (2) foot contour intervals. A slope category analysis shall also be provided, prepared by a surveyor or other qualified professional, identifying the areas of the property with slopes of zero percent (0%) to 29.99 percent, thirty percent (30%) to 44.99 percent and forty-five percent (45%) and greater. If applicable, the slope category analysis shall also identify the top of slope and toe of slope and shall identify any significant geologic hazards, including major rock outcroppings and areas of unstable slope. During the review of the application the Town Planner shall verify the accuracy of the top of slope and toe of slope designations through field observation and desktop evaluation of the slope drawing.

b.

A drawing showing the proposed development shall be provided, including planned structures, roads and proposed grading, if any. A landscape plan for revegetation of any disturbed slopes shall also be submitted, along with a tabular schedule, listing the type, approximate number and approximate size of plants to be installed and the grass seed mix to be used for revegetation. A plan for providing irrigation water to the new plantings shall also be submitted.

c.

When development is proposed on a slope of thirty percent (30%) or greater, a letter shall be submitted, prepared by a licensed professional geologist or engineer, demonstrating that the proposal will not create hazardous conditions for residents of the subject property or surrounding properties and finding that the proposal will not cause slope instability or increase the potential for slope failure. The letter shall also list any conditions the applicant must comply with to ensure the safety of the proposed development.

d.

A written response shall be provided to the applicable site planning standards of Section 16-187(e).

(3)

Procedural steps. Development that is subject to the provisions of these steep slope regulations shall be reviewed according to the following procedural steps:

a.

A pre-application meeting with the Town Planner is recommended but is not mandatory prior to submission of an application unless the application is being consolidated with another type of land use application for which a pre-application meeting is mandatory. The purpose of the pre-application meeting is for the staff to explain the submission requirements, review procedures and site planning standards that will apply to the project and to respond to any questions the applicant may have.

b.

Following submission of an application by the applicant and a determination by the Town Planner that the application is complete, the Town Planner shall review the application to determine its compliance with the provisions of this Section 16-187 and other applicable provisions of the Code. The Town Planner may conduct a site visit as part of this review and may solicit referral comments from other Town staff.

c.

The Town Planner shall publish a public notice of the receipt of the application in a newspaper of general circulation within the Town, specifying a period of fifteen (15) days from the date of publication for the submission of comments. The Town Planner shall also provide the applicant a sign describing the nature of the request which shall be posted on the property for a period of at least fifteen (15) days and shall specify a date by which public comments shall be submitted.

d.

The Town Planner shall then issue a written administrative determination approving, approving with conditions, or denying the application unless the application has been consolidated with another type of land use application, in which case this determination shall be made by the review body responsible for the final action on that application. The determination shall specify any site planning standards or other applicable provisions of this Code that have not been met, if any.

(4)

Appeal. Where review under Section 16-187 is the only applicable review procedure, an applicant or other adversely affected person may appeal the Town Planner's denial of an application submitted under these steep slope regulations or the Town Planner's approval of an application with conditions. The appeal shall be submitted in writing to the Town Planner within fifteen (15) days after the written decision of the Town Planner is issued.

a.

The appeal shall be heard by the Town Council at a regular meeting with prior notice given to the applicant and any other party who participated in the proceedings before the Town Planner. The Council's review shall be based upon the record before the Town Planner, unless the Council determines, for good cause shown, that it is necessary to admit additional evidence for a just determination of the appeal. The applicant and interested members of the public shall be permitted to make arguments to the Council based solely on the record before the Town Planner, unless the Council determines to admit additional evidence.

b.

The Town Council decision to grant or deny the appeal shall be based upon a determination of whether the Town Planner's decision: (1) was contrary to the evidence; (2) exceeded the Town Planner's legal authority; (3) was based on an erroneous interpretation of the applicable regulations; or (4) denied the applicant or other interested party procedural due process. The Town Council may affirm, reverse or modify the Town Planner's decision and it may remand the matter to the Town Planner for further consideration, with instructions when deemed appropriate by the Town Council. The Town Council is also authorized to refer the matter to the Planning Commission for a recommendation prior to taking action on the appeal.

c.

In making its determination on any appeal, the Town Council may grant relief from the strict application of the requirements of Section 16-187 where necessary to relieve the applicant from a significant hardship which was not created by the applicant and where such relief is necessary to permit a reasonable economic use of the property. Such relief shall not be granted unless the applicant demonstrates that the development of the property will not pose an unreasonable risk to the health and safety of the public or other property owners. The applicant's ability to pay for mitigation measures required by these regulations shall not be considered in determining if there is a hardship.

(d)

Density and floor area calculation formulas. The following density and floor area calculation formulas shall apply to any property that contains slopes of thirty percent (30%) or greater, regardless of whether development is proposed on those slopes.

(1)

PUD's and subdivisions. The density and floor area calculations applicable to proposed PUD's and subdivisions, PUD's and subdivisions which were approved subsequent to December 22, 1982 (the date on which the Town adopted a floor area exclusion for thirty percent (30%) slopes), and amendments to approved PUD's and subdivisions shall be as follows:

a.

Lands with a slope of less than thirty percent (30%): One hundred percent (100%) of land area counts towards density and floor area calculations.

b.

Lands with a slope of thirty percent (30%) or greater: Zero percent (0%) of land area counts towards density and floor area calculations.

c.

For subdivisions and PUD's approved subsequent to 1982, the floor area shall be as permitted in the Town's subdivision or PUD approval.

(2)

Other lots and parcels. The density and floor area calculations applicable to all other lots or parcels that were legally created and of record on April 19, 2012, shall be as follows:

a.

Lands with a slope of less than thirty percent (30%): One hundred percent (100%) of land area counts toward density and floor area calculations.

b.

Lands with a slope of thirty percent (30%) to forty-five percent (45%): Seventy-five percent (75%) of land area counts toward density and floor area calculations.

c.

Lands with a slope of more than forty-five percent (45%): Zero percent (0%) of land area counts towards density and floor area calculations. Provided, however, that in no case shall the resulting allowable floor area for the lot or parcel be less than two thousand one hundred (2,100) square feet (unless the lot or parcel's allowed floor area prior to applying this formula is already less than two thousand one hundred (2,100) square feet, in which case that lower number shall be the lot or parcel's allowed floor area) and provided the proposed development complies with the applicable site planning standards in subsection (e), below. Provided also that the floor area reduction formula shall not apply to any lot or parcel on which: (1) no development is proposed on a slope that is thirty percent (30%) or greater; (2) the closest façade of any building or structure is located ten (10) feet or more from the top of slope; and (3) the proposed development does not require the applicant to submit any other land use application for which Town Council approval would be required.

(3)

Relief from formulas. An applicant who wishes to obtain relief from the restrictions of the density and floor area calculation formulas on his lot may do so by submitting an application for special review pursuant to Chapter 16, Article III or by obtaining a variance through the PUD process pursuant to Chapter 16, Article IV of this Code.

(e)

Site planning standards. Applications that are subject to these steep slope regulations shall demonstrate their compliance with the following site planning standards.

(1)

Overall site plan.

a.

Setback from top of slope. When development is placed on the top of a slope that is greater than thirty percent (30%), the façade of any structure shall be set back by a minimum of ten feet (10") from the top of that slope.

b.

Development to occur on lesser slopes. When a property contains some lands with a slope of less than thirty percent (30%) and some lands with a slope of greater than thirty percent (30%), the area of the property having a slope of less than thirty percent (30%) is the preferred portion of the site in which to accommodate the development and shall be utilized to the extent practical. However, development may occur along the toe of a thirty percent (30%) slope, (or if it is not practical to develop on a slope of less than thirty percent (30%), then along the slope itself) if the applicant demonstrates to the satisfaction of the Town Planner or other applicable review body that the development is reasonable and safe from an engineering and slope stability standpoint and does not cause unnecessary impacts on the slope onto which it is being built. In doing so, the applicant shall demonstrate that the development has been designed to appropriately account for the following factors, as applicable to the site in question:

1.

The stability of the slope and whether disturbing that slope could pose a hazard to occupants of the property or neighboring properties.

2.

The presence or absence of vegetation on the slope and whether development on the slope would result in the loss of mature vegetation that helps to stabilize the slope.

3.

Whether there are natural or unique features or valued neighborhood characteristics on the flat portions of the site that could be preserved by locating some of the development at the toe of the slope or on the steeper slopes.

4.

The prevailing development pattern on the surrounding lots and whether development has typically occurred on the flat area of the property or has taken place on the steeper lands (Note: this factor shall not apply to properties accessed off of an alley).

5.

The ability of the proposed development to keep all site impacts, such as drainage and erosion, within the confines of the site during and following construction.

c.

Preserve natural features. Whenever possible development should be located to preserve significant natural site features such as prominent landforms, rock outcrops, mature trees and vegetation, and drainage courses. Developing in already disturbed areas of a site is preferred to disturbance of natural areas.

d.

Avoid unstable slopes. Development shall be located so as to avoid areas that the Town determines are subject to slope instability and rockfall hazards, except as provided in the following circumstance. Where a project is not able to fully avoid these hazards, development may be permitted if an engineer or geologist licensed in the State of Colorado demonstrates that the hazard will be safely mitigated and appropriate mitigation measures are employed. Mitigation measures may include but are not limited to:

1.

Slope stabilization via grading, revegetation, retaining walls, soil nail or micropile systems, or other accepted designs;

2.

Stabilization of rocks via bolting, gunite application (cementing), removal of unstable rocks (scaling), cribbing, installation of retaining or catchment walls and other accepted practices;

3.

Slowing, diverting or channelizing rocks or debris flows using fences, screens, dams, concrete barriers or diversion facilities around vulnerable structures; and

4.

Designing structures to withstand the impacts from rocks and other geologic hazards by reinforcing uphill walls, windows and doors or by having no windows or doors on uphill walls.

e.

Avoid driveway cuts across steep slopes. To the extent practical, development should be placed close to where an existing road or driveway enters a property so as to avoid having the driveway cut across an existing steep slope to access another portion of the site. This means that if the road accesses the property at the toe of a slope, then development should occur at the toe of the slope while if the road accesses the property at the top of the slope, then development should occur at the top of the slope.

(2)

Grading standards.

a.

Developments within the R-3TN Zone District. Terracing, as seen throughout the R-3TN Zone District (Hill District), is permitted to occur on slopes in excess of thirty percent (30%) in order to create a flat bench or building pad or to create a garden or lawn area as this is consistent with the historical development of this area of Town.

b.

Developments in areas not zoned R-3TN. In areas of Town not zoned R-3TN that have slopes in excess of thirty percent (30%) development should be designed to minimize the need for earth moving or disturbance. For example, cutting and grading to create a flat bench or building pad should be avoided to the maximum extent possible. Building designs that require excessive cut and fill shall not be allowed. Instead buildings should be designed to follow the site's natural contours and building foundations should be stepped along the slope to limit the need for cutting and filling. Driveways should be designed to follow the site's natural contours whenever possible and should take up the grade of the slope rather than cutting into or manipulating the topography.

c.

Man-made slopes. Where grading, excavation, or filling is necessary, creation of slopes of twenty-five percent (25%) or less is strongly encouraged. Cut or filled man-made slopes shall not exceed a slope of fifty percent (50%) unless a soils engineering or technical report is submitted demonstrating that the cut or fill will be stable.

d.

Re-contour cut and filled slopes. All cut, filled and graded slopes shall be re-contoured to blend with the natural, varied contours of the surrounding undisturbed terrain. Abrupt angular transitions and linear slopes should be avoided to the extent possible.

e.

Retaining walls. Retaining walls used to support steep slopes shall not exceed six (6) feet in height except when terracing is employed or as needed to construct a structure's foundation wall. Terracing should be limited to two (2) tiers. The width of the terrace between retaining walls that are up to four (4) feet in height should be at least three (3) feet. Retaining walls greater than four (4) feet in height should be separated from other retaining walls by at least five (5) horizontal feet and shall be based on the design of a professional engineer. Terraces shall be permanently landscaped or revegetated pursuant to the standards in Subsection (e)(3)a. below.

(3)

Vegetation preservation and landscaping.

a.

Revegetation is required. Areas disturbed by development shall be revegetated. Plant material used to revegetate these areas shall be non-invasive and should be low-water using and indigenous to the neighborhood in which the property is located. For the purpose of this standard, "indigenous" means naturalized to a given geographic area. The Town has prepared a list of indigenous plant materials that can be obtained from the Town Planner or Town Horticulturalist. Proposals to revegetate with plant materials that are not on the list of indigenous plant materials shall be subject to review and approval by the Town Horticulturalist and Town Planner. In evaluating the appropriateness of using non-indigenous materials on a particular site, the Town Horticulturalist and Town Planner may consider the type and composition of plant materials in the immediate surrounding area.

b.

Preserve natural vegetation. Development shall be located so as to preserve, to the maximum extent practical, existing natural vegetation (particularly mature vegetation) which may help to screen its appearance.

c.

Soil disturbance. Topsoil from a disturbed slope should be stockpiled on-site to the extent practical and should be used in re-vegetation of the subject property or surrounding area when this is feasible. Soils disturbed by development shall be retained on-site by using accepted erosion and sedimentation control practices.

d.

Irrigation. The applicant shall demonstrate that there are sufficient facilities for irrigation present on the property to support the vegetation that is proposed to be planted.

(4)

Building form and materials. The following standards shall only apply to properties that are located in certain highly visible areas that are depicted on the Hillside Overlay Map which is considered to be part of this Section.

a.

Mass. The mass of the development shall be designed to minimize or reduce its overall visual impacts by complying with either of the following two (2) design approaches:

1.

Breaking the mass into distinct smaller forms which may involve repeating similar forms at a more modest scale, breaking facades and roof lines into smaller segments, or stepping the building mass into the hillside. When development is permitted to occur on a slope, stepped foundation design and terraced building forms should also be used to allow buildings to step up or down with the natural slope; or

2.

Using simple building forms and simple roof lines that tend to reduce the visual perception of the structure.

b.

Buildings shall meet the ground. Buildings shall be designed so they firmly meet the ground and do not use a pier design. Cantilevers may be permitted when:

1.

The Town Planner or other applicable final review body determines that using cantilevers causes less physical impacts on the slope and results in a building with less visual impacts than if cantilevers were not used; and

2.

The resulting building form is compatible with that of surrounding structures.

c.

Basement exposure. No more than two (2) floors shall be exposed above grade. An additional basement level is permitted and is determined to satisfy this requirement if it meets the following provisions:

1.

The additional basement level must be covered with grade at the exterior of the residence so that not more than six (6) feet of basement wall is exposed, as measured vertically at all points around the perimeter of the residence except for any door or window and grading necessary to achieve the door or window that satisfies subsection 2. below.

2.

Individual window openings that are no wider than six (6) feet may be approved by the Town Planner after a finding that the glazing is kept to a minimum and that such glazing is adequately screened from view from the public right-of-way and the neighboring properties.

3.

Any egress well may be no deeper than four (4) feet.

(Prior code 70-81; Ord. 05 §B(Exh. A), 2012; Ord. 15 §1(Exh. A), 2014; Ord. 26 §5(Exh. D), 2022)

(a)

The purpose and intent of this Section is to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the Town, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the Town, thereby helping to reduce and eliminate the adverse secondary effects from such sexually oriented businesses. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this Section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or the Colorado Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this Section to condone or legitimize the distribution of obscene material.

(b)

No adult entertainment establishment shall be located within five hundred (500) feet of the exterior boundary of any residential zone district, church, public or private school, child care center, public community center, park, fairground, recreation center, any alcoholic beverage establishment located in the Town at which alcoholic beverages are offered for sale for consumption on the premises or any area designated as an urban renewal project area pursuant to Section 31-25-107, C.R.S. Further, no adult entertainment use shall be located within two hundred (200) feet of any arterial or major collector roadways.

(c)

No adult entertainment use shall be located within one thousand (1,000) feet of any other adult entertainment use whether such adult entertainment uses are within or without the Town.

(d)

The method of measurement for the one-thousand-foot restriction shall be computed by direct measurement from the exterior boundary of any area identified in Section 16-189(b) above, or from the nearest property line of the property upon which an adult entertainment business or establishment, or other adult entertainment use, is conducted to the nearest property line of the property where on the building in which an adult entertainment use is to occur.

(e)

Any adult entertainment establishment operating at the effective date of the ordinance codified herein in violation of any relevant provision of Chapter 6 or 16 of this Code shall be deemed a nonconforming use. An adult entertainment establishment which is deemed a nonconforming use shall be permitted to continue operating for an amortization period of six (6) months. Such nonconforming adult entertainment use shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. Notwithstanding the foregoing, any adult entertainment establishment deemed a nonconforming use shall apply for a license provided for by Section 6-71et seq. of this Code within thirty (30) days of the effective date of the ordinance codified herein, or be subject to the relevant penalty provisions set forth herein and in Section 6-71et seq.

(f)

An adult entertainment establishment lawfully operating as a conforming use pursuant to the receipt of zoning approval and obtaining a license is not rendered a nonconforming use by the location, subsequent to the grant or renewal of an adult entertainment establishment license, of any uses identified in Section 16-189(b) above, within the specific distancing requirements noted therein.

(g)

No licensee, manager or employee mingling with the patrons of sexually oriented businesses or serving food or drinks shall be nude or in a state of nudity. It is a defense to prosecution for a violation of this Section that an employee of a sexually oriented business exposed any specified anatomical area during the employee's bona fide use of a rest room, or during the employee's bona fide use of a dressing room which is accessible only to employees. Further, no licensee or employee shall encourage or knowingly permit any person on the premises to engage in specified sexual activities, which conduct involving specified sexual activities is unlawful and shall be subject to criminal penalties as set forth in Section 6-105 of this Code.

(h)

Advertisements, displays or other promotional material depicting adult entertainment uses shall not be shown or exhibited to be visible to the public from pedestrian sidewalks or walkways, or from other areas public or semipublic.

(i)

Only one (1) adult entertainment establishment use shall be permitted per building or, in other words, no building, premises, structure or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business therein.

(j)

All building openings, entries and windows shall be located, covered or screened in such a manner as to prevent a viewing to the interior from any public or semipublic area; for new construction, the building shall also be oriented so as to minimize any possibility of viewing the interior from public or semipublic areas.

(k)

No one under twenty-one (21) years of age shall be admitted to any adult entertainment establishment where live, nude entertainment and performances are featured, which live nude entertainment is characterized by the exposure of specified anatomical areas. Further, no one under eighteen (18) years of age shall be admitted to any adult entertainment establishment of any kind, and the foregoing minimum age limitations also apply to any employees, agents, servants or independent contractors working on the premises during the hours when adult entertainment is being presented.

(l)

It shall be unlawful for an adult entertainment establishment and/or a sexually oriented business to be opened for business or for the licensee or any employee of a licensee to allow patrons upon licensed premises, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 1:00 a.m. and 9:00 a.m. of any particular day. Further, it shall be unlawful and a person commits a misdemeanor if, working as an employee of a sexually oriented business, regardless of whether a license has been issued for said business under this Code, engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service or solicits a service between the hours of 1:00 a.m. and 9:00 a.m. of any particular day.

(m)

It shall be unlawful for an adult entertainment establishment and/or a sexually oriented business or for the licensee or any employee of a licensee thereto, regardless of whether a license has been issued for said business under this Code, to knowingly allow any patron upon the premises to engage in a specified sexual activity while on said premises. It shall also be unlawful for any licensee or employee of an adult entertainment establishment, regardless of whether a license has been issued for said business under this Code to engage in a specified sexual activity while on the premises of said adult entertainment establishment. The foregoing conditions contained in this paragraph are promulgated pursuant to the terms of this Section, Article IV of Chapter 6 of this Code and Sections 18-7-208 and 18-7-301, C.R.S.

(n)

This Section shall not apply to those areas of an adult motel that are private rooms.

(o)

Any person or entity who operates or causes to be operated an adult entertainment establishment who violates any provision contained in this Section or does not have a valid license is subject to a suit for injunction and is subject to civil and criminal penalties as set forth in Sections 6-103 and 6-105 of this Code.

(p)

Except for the amortization period set forth in Subsection (e) above, each day of operation in violation of any provision of this Section shall constitute a separate offense.

(q)

Any adult entertainment establishment which engages in repeated or continuing violations of these regulations shall constitute a public nuisance. For purposes of these regulations, repeatedviolations shall mean three (3) or more violations of any provision set forth herein within one (1) year dating from the time of a new violation, and a continuingviolation shall mean a violation of any provision set forth herein lasting for three (3) or more consecutive days.

(r)

Notwithstanding any other remedies at law or equity, the Town Attorney may bring an action in the District Court for Eagle or Pitkin County for an injunction against the operation of such establishments in a manner which violates any of the provisions set forth herein.

(Ord. 20 §6, 1996)

A medical marijuana facility or retail marijuana establishment is prohibited unless specifically permitted by this section and by the zoning district regulations applicable to the subject property.

The premises for a medical marijuana center operating under the provisions of Colorado Constitution Article XVIII § 14, Section 18-18-406.3, C.R.S., Section 25-1.5-106, C.R.S., the Colorado Medical Marijuana Code and 1 CCR 212-1 (Permanent Rules Related to the Colorado Medical Marijuana Code, Marijuana Enforcement Division, Colorado Department of Revenue) is permitted in the Town subject to the requirements included in this Code, including but not limited to Chapter 6 and this Chapter. In addition a premises for a retail marijuana store operating under the provisions of Colorado Constitution Article XVIII § 16, C.R.S. 12-43.4-101 et seq., and 1 CCR 212-2, each as amended, is likewise permitted in the Town subject to the requirements included in this Code including but not limited to Chapter 6 and this Chapter.

(1)

Location limits for medical marijuana centers premises and retail marijuana stores. The premises for a medical marijuana center or the premises for a retail marijuana store permitted under State Law may be approved provided they satisfy the licensing requirements outlined in Chapter 6 and are located within areas zoned for that use as outlined in subsections a. and b. below and the schedule of use requirements outlined in Section 16-22.

a.

Located within areas zoned C-3 and P, and within the following premises:

1.

A medical center;

2.

A hospital building; or

3.

A hospice facility.

b.

Located in areas zoned C-2, C-3 and Industrial.

(2)

Additional limitations. Medical marijuana facilities and retail marijuana stores shall be subject to these additional requirements and restrictions:

a.

The maximum signage shall be limited to the more restrictive of the otherwise applicable sign regulations for that property or the following: 1) only one (1) sign is permitted per premises, inclusive of any signage located in a window or on the exterior doors, roof and walls of the facility; and 2) no sign shall be larger than six (6) square feet. No temporary signage is permitted, including but not limited to sandwich boards, signs in or on windows and signs on cars parked in the Town limits. No off-premises signage is permitted.

b.

All medical marijuana dispensing and retail products sales shall be conducted indoors within the approved premises.

c.

All product storage shall be maintained indoors within the approved premises. Products, accessories and associated paraphernalia shall not be visible from a public sidewalk or way.

d.

A medical marijuana dispensing facility or retail marijuana store may not include areas for testing or using the product within the facility, medical center, or store and such testing or use is prohibited within such premises.

e.

A medical marijuana dispensing facility cannot be colocated with a medical marijuana cultivation or infused products manufacturing facility.

f.

The authorized growing of marijuana plants by a caregiver or patient and the conversion of them into medical marijuana must take place in an approved greenhouse or other structure that is enclosed on all sides, including the roof, regardless of location.

g.

A medical marijuana center or retail marijuana store shall be required to meet any special venting, waste, and byproduct disposal requirements as determined to be reasonably necessary by the Town Building Official.

h.

A medical marijuana center or retail marijuana store may not be colocated with food preparation facilities producing or assembling food.

i.

A medical marijuana center may not sell nonmedical food products which are similar to the medical marijuana food products being sold in the center, including but not limited to brownies or lollypops. This prohibition does not include medicinal products such as tinctures.

j.

A medical marijuana facility or retail marijuana store shall satisfy all licensing and permitting requirements of the State of Colorado and the Town prior to operation.

k.

The Town may impose additional requirements through its land use review process as deemed necessary in order to protect the health, safety and residents of the Town and surrounding area. (Ord. 12 §3, 2009)

(Ord. 12 §3, 2009; Ord. 30 §1(Exh. A), 2013; Ord. 14 §1(Exh. A), 2014; Ord. 24 §1(Exh. A), 2016)

Editor's note— Ord. 14, § 1(Exh. A), adopted May 27, 2014, changed the title of § 16-190 from "Medical marijuana facilities" to read as herein set out.

(a)

The Town of Basalt Wireless Communication Facilities regulations provide objective, technically feasible criteria applied in a non-discriminatory manner are hereby established with the goal of accommodating the installation of wireless communications facilities including small cell technology (4G, LTE, 5G and other systems currently under development) within the Town of Basalt, provided that the installations meet the following standards:

• Aesthetics

• Location

• Spacing of facilities

• Accommodation of multiple providers at each location

• Safety

• Noise

(b)

Definitions.

Accessory equipment means any equipment serving or being used in conjunction with a wireless communication facility ("WCF"), including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, fences, or other structures.

Alternative tower structure means manmade trees, clock or water towers, bell steeples, light poles, traffic signals, buildings, and similar alternative design mounting structures that are intended to be compatible with the natural setting and surrounding structures and employ camouflage or concealment design techniques so as to make the presence of antennas or towers architecturally compatible with the surrounding area pursuant to this Section. This term also includes any antenna or antenna array attached to an alternative tower structure or a replacement pole. A stand-alone monopole in the right-of-way that accommodates small cell facilities is considered an alternative tower structure to the extent the pole meets the camouflage and concealment standards of Section 16-191, Wireless Communication Facilities.

Antenna means any device used to transmit and/or receive electromagnetic radio frequency signals including, but not limited to, panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one (1) or more elements, multiple antenna configurations, or other similar devices and configurations.

Base station means:

a.

A structure or equipment at a fixed location that enables Federal Communications Commission ("FCC") licensed or authorized wireless communications between user equipment and a communications network. The definition of base station does not include or encompass a tower as defined herein or any accessory equipment associated with a tower. Base station includes, without limitation:

1.

Equipment associated with wireless communications services such as private broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul that, at the time the relevant application is filed with the Town pursuant to this Article has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support; and

2.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplied, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks) that, at the time the relevant application is filed with the Town has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

b.

The definition of "base station" does not include any structure that, at the time the application is filed with the Town under Section 16-191, Wireless Communication Facilities, does not support or house equipment described herein in Subsections a.1. and a.2. of this definition.

Camouflage, concealment, or camouflage design techniques means any measures used in the design and siting a WCF with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A WCF site utilizes camouflage, concealment, or camouflage design techniques when it (i) is integrated as an architectural feature of an existing structure such as a cupola, or (ii) is integrated in an outdoor fixture such as a flagpole, or (iii) uses a design which mimics and is consistent with the nearby natural, or architectural features (such as an artificial tree) or, (iv) is incorporated into or replaces existing permitted facilities (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not readily apparent.

Colocation means (1) mounting or installing a WCF on a pre-existing structure, and/or (2) modifying a structure for the purpose of mounting or installing a WCF on that structure. Provided that, for purposes of Eligible facilities requests, "Colocation" means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, including locating two (2) or more pieces of transmission equipment in the same support structure.

Eligible facilities request means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such eligible support structure involving: (i) colocation of new transmission equipment, (ii) removal of transmission equipment, and/or (iii) replacement of transmission equipment.

Eligible support structure means any tower or base station as defined in this Code, provided that it is existing at the time the relevant application is filed with the Town under Section 16-191, Wireless Communication Facilities.

Existing tower or base station means a constructed tower or base station that was reviewed, approved, and lawfully constructed in accordance with all requirements of applicable law as of the time of an eligible facilities request, provided that a tower that exists as a legal, non-conforming use and was lawfully constructed is existing for purposes of this definition.

Micro wireless facility means a small wireless facility that is no larger than twenty-four (24) inches in length, fifteen (15) inches in width, twelve (12) inches in height, and that has an exterior antenna, if any, that is no more than eleven (11) inches in length.

Monopole means a single, freestanding pole-type structure supporting one (1) or more antennas.

OTARD means an over-the-air receiving device.

OTARD antenna means:

a.

An antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one (1) meter or less in diameter; or

b.

An antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instruction television fixed services, and local multipoint distribution services, and that is one (1) meter or less in diameter or diagonal measurement; or

c.

An antenna that is designed to receive television broadcast signals.

OTARD antenna structure means any pole, tower, or other structure designed and intended to support an OTARD antenna.

Readily apparent means for purposes of determining whether a WCF is readily apparent, the phrase means that the facility, in the discretion of the Planning Director, will be easily recognizable as a WCF to a reasonable person viewing the facility as a whole and in the context of any adjacent improvements and landscaping from publicly accessible locations when considering the character, scale, and height of nearby and surrounding natural or architectural features. Methods of design and construction that may assist in reducing the visibility of a facility and reaching a conclusion that a facility is not readily apparent include the use of color mimicking surrounding structures and landscaping, minimizing facility size to the greatest extent feasible, integrating the facility into any adjacent or attached improvements, and positioning the facility in a manner that limits the degree to which the facility projects away from any adjacent structures or landscaping. Due to differences in site characteristics, a determination that a particular WCF will not be readily apparent at one (1) location shall not establish a precedent for the same determination for a facility of the same or similar design or construction at a different location.

Replacement pole means an alternative tower structure that is a newly constructed and permitted traffic signal, utility pole, streetlight, flagpole, electric distribution, or streetlight pole or other similar structure of proportions and of equal height to a pre-existing pole or structure in order to support a WCF or small cell facility or to accommodate colocation and remove the pre-existing pole or structure.

Roof-mounted wireless facility means a wireless facility that is mounted on the roof or any rooftop appurtenance of a legally existing building or structure.

Site means for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the WCF and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by the Town, if the approval of the modification occurred prior to the passage of the Middle Class Tax Relief and Job Creation Act of 2012, Section 6409(a) (the Spectrum Act) or otherwise outside of the Section 6409(a) process.

Small cell facility means:

a.

WCF where the following conditions are met:

1.

The WCF is mounted on structures, as defined in 47 C.F.R. § 1.6002(m), fifty (50) feet or less in height including their antennas or are mounted on structures no more than 10 percent taller than other adjacent structures, or do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten percent (10%), whichever is greater.

2.

Each antenna is located inside an enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and all other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume.

3.

The WCF does not require antenna structure registration under Part 17 of the FCC's rules, the WCF is not located on tribal lands as defined in 36 CFR 800.16(x), and the WCF does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R § 1.1307(b).

b.

A small cell facility includes a micro wireless facility.

Substantial change means a modification that substantially changes the physical dimensions of an eligible support structure, which meets any of the following criteria:

a.

For towers other than alternative tower structures in the right-of-way, it increases the height of the tower 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 (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater;

1.

For purposes of determining whether a substantial change exists, changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height are measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the adoption of this Section;

b.

For towers other than towers in the right-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater for eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

c.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or for towers in the right-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;

d.

It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than thirty (30) feet in any direction. The site boundary from which the thirty (30) feet is measured excludes any access or utility easements currently related to the site;

e.

It would defeat the concealment elements of the eligible support structure. For purposes of this definition, any change that undermines concealment elements of an eligible support structure shall be interpreted as defeating the concealment elements of that structure; or

f.

For any eligible support structure, it does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation or deployment of transmission equipment outside of the current site.

Tower means any structure that is designed and constructed for the sole or primary purpose of supporting one (1) or more FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications 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. The term includes self-supporting lattice towers, guy towers or monopole towers. The term also includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and such other similar structures.

Transmission equipment means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications 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.

Wall-mounted wireless facility means a WCF that is mounted and supported entirely on the wall of a legally existing building, including the walls of architectural features such as parapets, but does not include mechanical screens, chimneys and similar appurtenances.

Wireless communications facility, or WCF means a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or Smart Town, Internet of Things or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the Code. A WCF includes an antenna or antennas, including without limitation, directional, omni-directional and parabolic antennas, base stations, support equipment, alternative tower structures, and towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand-held radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of Section 16-191, Wireless Communication Facilities.

(c)

Applicability.

(1)

Base stations, alternative tower structures, small cell facilities, and towers. The requirements in this Section shall apply to all WCF applications for base stations, alternative tower structures, small cell facilities, and towers. The Town shall have the authority to waive any requirement or standard set forth in this section, if the Town makes a determination that the specific requirement or standard is preempted by Federal or State law.

(2)

Exemptions. The requirements set forth in this Section shall not apply to:

a.

Amateur radio antennas. Amateur radio antennas that are owned and operated by a federally licensed amateur radio station operator or are used exclusively for receive-only antennas; however, amateur radio antennas shall be subject to the other applicable requirements of Articles 16 and 18.

b.

Pre-existing WCFs. Any WCF for which a permit has been properly issued prior to the effective date of this Section, shall not be required to meet the requirements of this Section, other than the operational standards set forth in this Section. Changes and additions to pre-existing WCFs (including trading out of antennas for an equal number of antennas) shall meet applicable operational standards set forth in this Section.

c.

Miscellaneous antennas. Antennas used for reception of television, multi-channel video programming and radio such as over the air reception devices ("OTARD") antennas, television broadcast band antennas, and broadcast radio antennas; however, such antennas shall be subject to the other applicable requirements of Chapters 16 and 18 of this Code.

(d)

General operational standards for all WCFs.

(1)

Federal requirements. All WCFs shall meet the current standards and regulations of the Federal Aviation Authority ("FAA"), the FCC and any other agency of the federal government with the authority to regulate WCFs, and state and local codes, regulations and provisions. All WCFs must not result in human exposure to radio frequency radiation in excess of applicable safety standards specified in 47 CFR Rule 1.1307(b). If state, local, or federal standards and regulations are amended, then the owners of the WCF governed by this Section shall bring such facility into compliance with such revised standards and regulations within six (6) months of the effective date of the standard or regulation, unless a different time period is specified. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the WCF at the owner's expense.

(2)

Radio frequency standards. All WCFs shall comply with federal standards for radio frequency emissions. If concerns regarding compliance with radio frequency emissions standards for a WCF have been made to the Town, the Town may request that the owner or operator of the WCF provide information demonstrating compliance. If such information suggests, in the reasonable discretion of the Town, that the WCF may not be in compliance, the Town may request and the owner or operator of the WCF shall then submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site, and which compares the results with established federal standards. If, upon review, the Town finds that the facility does not meet federal standards, the Town may require corrective action within a reasonable period of time, and if not corrected, may require removal of the WCF pursuant to this Section. Any reasonable costs incurred by the Town, including reasonable consulting costs to verify compliance with these requirements, shall be paid by the owner or operator.

(3)

Signal interference. All WCFs shall be designed and sited, consistent with applicable federal regulations, so as not to cause interference with the normal operation of radio, television, telephone and other communication services utilized by adjacent residential and non-residential properties; nor shall any such facilities interfere with any public safety communications. The applicant shall provide a written statement from a qualified radio frequency engineer, certifying that a technical evaluation of existing and proposed facilities indicates no potential interference problems and shall allow the Town to monitor interference levels with public safety communications during this process. Additionally, the owner or operator shall notify the Town at least ten (10) calendar days prior to the introduction of new service or changes in existing service, and shall allow the Town to monitor interference levels with public safety communications during the testing process.

(4)

Legal access. In all applications for WCFs outside the right-of-way an applicant must provide a written agreement with the owner of the property which is the subject of the application for legal access to and from the WCF for the period in which the WCF shall be located on such property and the applicant must also warrant and represent that it will have legal access to the utilities to operate and maintain the WCF.

(5)

Operation and maintenance. To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with standards contained in applicable local building and safety codes. If upon inspection, the Town concludes that a WCF fails to comply with such codes and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the WCF, the owner shall have thirty (30) days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the Town's building official may extend such compliance period not to exceed ninety (90) days from the date of said notice. If the owner fails to bring such WCF into compliance within said time period, the Town may remove such WCF at the owner's expense.

(6)

Abandonment and removal. If a WCF has not been in use for a period of three (3) months, the owner of the WCF shall notify the Town of the non-use and shall indicate whether re-use is expected within the ensuing three (3) months. Any WCF that is not operated for a continuous period of six (6) months shall be considered abandoned. The Town, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall remove the same within thirty (30) days of receipt of written notice from the Town. If the WCF is not removed within said thirty (30) days, the Town may remove it at the owner's expense and any approved permits for the WCF shall be deemed to have expired.

(e)

Design and location standards for all WCFs. The requirements set forth in this Section shall apply to the location and design of all WCFs governed by this Section; provided, however, that the Town may waive these requirements it if determines that the goals of this Section are better served thereby. To that end, WCFs shall be designed and located to minimize the impact on the surrounding area and to maintain the character and appearance of the Town, consistent with other provisions of the Code.

(1)

Camouflage/concealment. All WCFs and any transmission equipment shall, to the extent possible, use camouflage design techniques including, but not limited to the use of materials, colors, textures, screening, undergrounding, landscaping, or other design options that will blend the WCF to the surrounding natural setting and built environment. Design, materials, and colors of WCFs shall be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation on the same parcel and adjacent parcels.

a.

Camouflage design may be of heightened importance where findings of particular sensitivity are made (e.g. proximity to historic or aesthetically significant structures, views, and/or community features). In such instances where WCFs are located in areas of high visibility, they shall (where possible) be designed (e.g., placed underground, depressed, or located behind earth berms) to minimize their profile.

b.

The camouflage design may include the use of alternative tower structures should the TRC determine that such design meets the intent of the Code and the community is better served thereby.

c.

All WCFs, such as antennas, vaults, equipment rooms, equipment enclosures, and tower structures shall be constructed out of non-reflective materials (visible exterior surfaces only).

(2)

Wall-mounted WCFs.

a.

Wall-mounted WCFs shall not extend above the roofline.

b.

Wall-mounted WCFs shall meet all setback requirements except that the TRC may permit the wall-mounted WCF to extend into the setback by up to eighteen (18) inches if the applicant demonstrates a roof-mounted WCF is more visibly intrusive and the wall-mounted WCF is integrated into the design and character of the building.

(3)

Roof-mounted WCFs. Roof-mounted WCFs shall be approved only where an applicant demonstrates a wall-mounted WCF is inadequate to provide service and shall be evaluated for approval based upon the following criteria:

a.

Roof-mounted antennas shall extend no more than four (4) feet above the roof or the height of parapet of any flat roof or ridge of a sloped roof to which they are attached, whichever is higher;

b.

Other roof-mounted related accessory equipment shall extend no more than four (4) feet above the roof or the height of any parapet of a flat roof upon which they may be placed, whichever is higher, and shall not be permitted on a sloped roof.

c.

To reduce visual impacts, antennas and related accessory equipment may be required to be setback from the façade at a distance determined by the TRC in its reasonable discretion.

(4)

Hazardous materials. No hazardous materials shall be permitted in association with WCFs, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials.

(5)

Siting.

a.

No portion of any WCF may extend beyond the property line of the lot upon which it is located.

b.

Colocation. WCFs may be required to be designed and constructed to permit the facility to accommodate WCFs from at least two (2) wireless service providers on the same WCF unless the Town approves an alternative design. No WCF owner or operator shall unreasonably exclude a competitor from using the same facility or location.

c.

WCFs shall be sited in a location that does not reduce the parking for the other principal uses on the parcel below Code standards or other applicable legal requirements.

d.

Order of preference. Except for eligible facilities requests, an applicant shall submit documentation demonstrating a good faith effort to locate WCFs in accordance with the following order of preference:

1.

Colocated on the rooftop of an existing building.

2.

New facility on the rooftop of an existing building.

3.

Colocated on an existing or planned tower or alternative tower structure.

4.

Colocated on an existing utility pole or traffic signal pole.

5.

New tower or alternative tower structure, with the alternative tower structure replacing an existing streetlight where the alternative tower structure is in the right-of-way.

6.

New stand-alone alternative tower structure.

7.

Alley locations on a case-by-case basis.

(6)

Lighting. WCFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required, the Town may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences. Lighting shall otherwise comply with the Town's lighting requirements in Article 20 of Chapter 16.

(7)

Landscaping and fencing.

a.

WCFs shall be sited in a manner that does not reduce the landscaped areas for the other principal uses on the parcel, below Code standards or other applicable legal requirements.

b.

WCFs shall be landscaped with a buffer of plant materials that effectively screen the view of the WCF from adjacent residential property. The standard buffer shall consist of the front, side, and rear landscaped setback on the perimeter of the site.

c.

In locations where the visual impact of the WCF would be minimal, the landscaping requirement may be reduced or waived altogether by the TRC.

d.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as WCFs sited on large, wooded lots, natural growth around the site perimeter may be a sufficient buffer.

e.

No trees larger than four (4) inches in diameter measured at four and one-half (4½) feet high on the tree may be removed, unless authorized by the TRC. To obtain such authorization the applicant shall show that tree removal is necessary, the applicant's plan minimizes the number of trees to be removed and any trees removed are replaced at a ratio of two (2) to one (1) or a lower ratio upon approval of the TRC and such trees shall be a diameter of at least three (3) inches or smaller diameter upon approval of the TRC.

(8)

Noise. Noise generated on the site shall not exceed the standards permitted in the Code, except that a WCF owner or operator shall be permitted to exceed Code noise standards for a reasonable period of time during repairs, not to exceed two (2) hours without prior authorization from the Town.

(9)

Prohibited and sensitive locations.

a.

No WCFs are allowed in the right-of-way along the property frontage adjacent to any street-facing façade of these iconic Basalt buildings:

1.

600 Elk Run Drive (Arbaney Barn located in Arbaney Park)

2.

148 Homestead Drive (Rebecca Lodge)

3.

247 Longhorn Lane (Traudt Barn)

4.

104 Midland Avenue (CiCi's)

5.

137 Midland Avenue (Alpine Bank)

6.

144 Midland Avenue

7.

150 Midland Avenue (Midland Shoe)

8.

154 and 165 Midland Avenue (Two River's Café)

9.

160 Midland Avenue (Crave Coffee)

10.

166 Midland (Heathers Savory Pies)

11.

165 Midland Avenue (Tempranillo Restaurant)

12.

200 Midland (Café Bernard)

13.

202 Midland Avenue (Brick Pony)

14.

208 Midland Avenue (Z Group Group)

15.

110 and 120 Riverside Drive (Halfway House)

b.

No WCFs are allowed in the Midland Avenue-Basalt River Park view-plane area (the "V Viewplane") as depicted on the map thereof on file with the Town Planning Department and within two hundred (200) feet of the following major parks: Arbaney Park, Lions Park, Southside Park, Willis Linear Park, Willits Soccer Field.

c.

Other designated landmark properties. All properties that are designated by ordinance to the Town's inventory of historic landmarks as provided in Section 16-393 of the Town code are considered significant to the Town's historic and aesthetic character and require additional sensitivity. Applicants are encouraged to work with Town staff to identify locations for WCFs, including small cell facilities in the right-of way, that do not detract from the contribution of these designated properties to Basalt's architectural heritage. A map identifying the historic landmarks is on file with the Planning Department.

(10)

Areas of special review. Notwithstanding any height limits specified in subsection (f) below for various types of WCFs, any WCF in one (1) of the following areas of special review shall be subject to the following height limits. A map of these areas of special review is incorporated into this code.:

a.

Historic Midland Avenue Area. WCFs are limited to sixteen (16) feet.

b.

Willits Town Center. WCFs are limited to twenty-five (25) feet.

c.

Local streets in residential neighborhoods. WCFs are limited to sixteen (16) feet.

(11)

Setback requirements. All WCFs shall comply with setback requirements. At a minimum, except for WCFs in the Public right-of-way all WCFs shall comply with the minimum setback requirements of the underlying zone district; if the following requirements are more restrictive than those of the underlying zone district, the more restrictive standard shall apply.

a.

All WCFs (except for WCFs in the public right-of way) shall be located at least fifty (50) feet from any property lines, except when roof-mounted (above the eave line of a building) or wall mounted.

b.

Monopole towers (except for monopole towers in the public right-of-way) shall be set back from any residentially zoned properties a distance of at least three (3) times the monopole's height (i.e., a sixty (60) foot setback would be required for a twenty (20) foot monopole) and the setback from any public road, as measured from the right-of-way line, shall be at least equal to the height of the monopole.

c.

No WCF may be established within one hundred (100) feet of any existing, legally established WCF except when located on the same building or structure.

(f)

Supplemental design standards and special review standards. The requirements set forth in this Section shall apply to the location and design of all WCFs governed by this Section; provided, however, that the Town may waive these requirements it if determines that the goals of this Section are better served thereby. Additional design requirements and special review standards shall be applicable to the various types of WCFs as specified below:

(1)

Base stations located in right-of-way.

a.

Design standards: If an antenna is installed on a structure other than a tower, such as a base station (including, but not limited to the antennas and accessory equipment) it shall be of a neutral, non-reflective color that is identical to, or closely compatible with, the color of the supporting structure, or uses other camouflage/concealment design techniques so as to make the antenna and related facilities as visually unobtrusive as possible.

b.

Special review standards: Not applicable.

(2)

Base stations not located in right-of-way.

a.

Design standards: Such facilities shall comply with the design requirements set forth in Section 16-191(e)(1)a.

b.

Special review standards:

1.

Such facilities shall be architecturally compatible with respect to attachments, and colored to match the building or structure to which they are attached;

2.

The maximum protrusion of such facilities from the building or structure face to which they are attached shall be six (6) feet, but shall not extend into any applicable setback;

3.

Wall-mounted WCFs shall not extend above the roofline; and

4.

Roof-mounted WCFs shall be approved only where an applicant demonstrates a wall-mounted WCF is inadequate to provide service and evaluated for approval based upon the criteria set forth in Subsection 16-191(d)(4).

(3)

Alternative tower structures and small cell facilities located in the right-of-way.

a.

Design and location standards:

1.

Shall be no higher than the height of the maximum street lighting permitted in Sections 16-434 and 16-435 as applicable;

2.

The preferred location shall be in the location of an existing streetlight.

i.

No small cell facility shall be attached to any existing streetlight pole unless the existing streetlight pole was specifically designed to support small cell facility equipment or is approved by a licensed Colorado Professional Engineer.

ii.

In all other cases, the applicant shall have the existing streetlight pole removed. The applicant shall be responsible for all costs for removal of the streetlight pole. The applicant shall place a new combined small cell facility and streetlight pole in place of the removed streetlight pole or within 5 feet of the removed streetlight pole. Any existing caisson shall be completely removed. Landscaping, sidewalk, or other surface treatment shall be restored above the removed caisson to the satisfaction of the Town. Removed streetlights and luminaires shall be salvaged and returned to the Town.

iii.

The pole design shall match the aesthetics, spacing, and architectural characteristics of existing streetlights installed adjacent to the pole.

iv.

All wiring shall be concealed inside the pole within a channel separate from the municipal wiring within the pole.

v.

The new pole shall have secured safety shutoff controls within the pole base for to enable the Town to turn off the small cell equipment for streetlight maintenance purposes.

vi.

The light fixture will be mounted at a height consistent with best practices and requirements in streetlight design, and the light fixture will be downlit, consistent with the Town's Code.

3.

Any new pole for an alternative tower structure or small cell facility shall be separated from any other existing WCF facility by a distance of at least six hundred (600) feet, unless:

i.

the applicant can demonstrate to the satisfaction of the TRC that it is not technically feasible for the technology to be deployed with such spacing, in which case, no closer than necessary for the technical feasibility of the technology to be deployed; or

ii.

the new pole replaces an existing traffic signal, street light pole, or similar structure determined by the TRC.

4.

Poles shall not be located:

i.

Within thirty (30) feet of a fire hydrant unless replacing an existing pole in the same location.

ii.

Within a sight triangle.

iii.

Within the drip line of a tree without a required tree permit and consultation with the Town.

iv.

Within any roadway medians due to non-breakaway design.

5.

All equipment related to small cell facilities shall be located within the pole structure, in an underground vault, or camouflaged in the streetscape, as determined by TRC.

6.

A new or replacement pole shall:

i.

have space for at least one (1) internal bay to house small cell facility equipment. If the new pole is capable of housing two (2) colocated small cell facilities, the pole shall have space for two (2) internal bays. The second bay will be available to another applicant with Town approval and upon demonstrating no interference with the first occupant's small cell facility. Such internal bays shall not be required if the small cell facility equipment will be located in a vault at TRC's determination.

ii.

have the following diameter limitations: (a) for the first five (5) feet in height of the pole from ground level, the pole's diameter shall not exceed 2 feet in width; and (b) for the remaining height of the pole, the diameter shall match the poles in the area or the pole being replaced.

7.

For all new pole installations, the Town may require a second applicant for the same general area to install a new pole capable of colocating both applicants on the same pole. The first applicant is required to allow the subsequent applicant to replace the pole with a multi-cell pole.

8.

Any ground-mounted equipment including backup power supply, and electric meters must be concealed within existing above-ground cabinets in poles, placed in a flush-to-grade underground equipment vault, within a traffic cabinet of a design approved by the TRC, camouflaged in the streetscape, as determined by the TRC.

9.

Side-mounted small cell facility antennas are prohibited; only top-mounted antennas are permitted.

10.

Geotechnical boring may be used to install pole caissons. A geotechnical report from a registered Professional Engineer in the State of Colorado must be provided for the general area of the proposed location The report must detail soils observed, depths, soil strength and that the soil can support the entire proposed facility. All new wireless support structures must be supported with a reinforced concrete foundation designed, stamped, sealed, and signed by a professional engineer licensed in the State of Colorado, and subject to the Town's approval.

11.

The applicant shall be responsible for meeting subsurface utility engineering (SUE) requirements and the Town's construction mitigation plan (CMP) where applicable.

12.

All anchor bolts must be concealed from public view, with an appropriate pole boot or cover power-coated to match the wireless support structure color.

13.

Shall be camouflaged/concealed consistent with other existing natural or manmade features in the right-of-way near the location where the alternative tower structure will be located; all new poles, replacement poles, and antenna structures must be painted to match the color of existing streetlights.

14.

Shall, to the extent feasible, be consistent with the size and shape of pole-mounted equipment installed by communications companies on utility poles near the alternative tower structure.

15.

Shall, when located near a residential property, be placed in front of the common side yard property line between adjoining residential properties. In the case of a corner lot, the facility must be placed in front of the common side yard property line adjoining residential properties, or on the corner formed by two (2) intersecting streets.

16.

Shall be designed such that antenna installations on traffic signals are placed in a manner so that the size, appearance, and function of the signal will not be considerably altered.

17.

Facility antennas, mast arms, equipment, and other facilities shall be sized to minimize visual clutter.

18.

On a case-by-case basis, applicants may be asked to provide brackets for the hanging of small banners on new poles. The poles shall be designed to accommodate the additional force generated by the addition of these banners including wind loads.

19.

Shall not alter vehicular circulation or parking within the right-of-way or impede vehicular, bicycle, or pedestrian access or visibility along the right-of-way, to include any reduction in vertical or horizontal clearances required by the Town or any change in slope of any adjacent sidewalk. Must comply with the federal Americans with Disabilities Act and all applicable local, state, and federal law and regulations. No alternative tower structure nor small cell facility may be located or maintained in a manner that causes unreasonable interference. Unreasonable interference means any use of the right-of-way that disrupts or interferes with this use by the Town, the general public, or other person authorized to use or be present upon the right-of-way, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the right-of-way that disrupts vehicular or pedestrian traffic, any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare.

20.

Shall comply with all provisions of the Town Code. No wiring or cabling shall interfere with any existing wiring or cabling installed by the Town, a utility, or a wireless service provider.

21.

No guy or other support wires will be used unless the facility is attached to an existing utility pole or wireless support structure that incorporates guy wires prior to the date the applicant has applied for a permit. Further, no guy wires may be used unless applicant provides appropriate engineering demonstrating the structural integrity of such wires.

22.

The structure and facility, including the antenna, and all related equipment when attached to a new pole or wireless support structure, must be designed to withstand a wind force and ice loads in accordance with the applicable standards established in Chapter 25 of the National Electric Safety Code for utility poles, Rule 250-B and 250-C standards governing wind, ice, and loading forces on utility poles, in the American National Standards Institute (ANSI) in TIA/EIA Section 222-G established by the Telecommunications Industry Association (TIA) and the Electronics Industry Association (EIA) for steel wireless support structures and the applicable industry standard for other existing structures. The evaluation must be prepared by a professional structural engineer licensed in the State of Colorado.

23.

The applicant must provide a service letter for both electric and fiber.

24.

All new conduits (including fiber and electric) must be shown on the application along with appropriate technical information in the complete layout.

25.

Any small cell facilities colocated on Town-owned poles may not use the same power or communication source providing power and/or communication for the existing infrastructure. The Town may permit a new small cell facility to use unused fibers within the same fiber cable if available. The wireless provider shall coordinate, establish, maintain, and pay for all power and communication connections with private utilities.

26.

All recurring monthly electric service shall be paid for by applicant. If required by a utility provider, a related electric meter shall not be contained within or adjacent to the small cell facility but will instead be located proximate to the transformer or underground with other related equipment This requirement may be wholly or partially waived by the Town Engineer.

27.

All related cabling shall connect to the small cell facility underground or within the alternative tower structure. Above ground connections to the small cell facility are prohibited.

28.

Unless required by the FCC, signage is prohibited on all small cell facilities and wireless support structures, except for a four (4) inch by six (6) inch plate with the wireless provider's name, location identifying information, and emergency telephone number shall be permanently fixed to the small cell facility. The provider is required to update this information whenever it changes.

29.

If located on existing utility poles:

i.

All attachments to utility distribution poles that provide aerial support for overhead utility lines with or without a streetlight attached shall be approved by the Town Engineer's and Holy Cross Energy (if applicable) prior to installation. All equipment shall meet the Town Engineer's and Holy Cross Energy (if applicable) requirements and all of the Town's permit requirements.

ii.

Antennas shall be located in an enclosure of no more than three (3) feet.

iii.

All wiring shall be concealed within the pole or in conduit. The conduit color shall be approved by the Town.

iv.

Pole-mounted components may be located on an existing utility pole serving another utility; or be located on a new utility pole where other utility distribution lines are aerial, if there are no reasonable alternatives.

30.

If located in landscaped areas of the right-of-way, such landscaped areas shall be restored to a same or similar condition and irrigation systems must be improved to be effective in irrigating the landscaped areas.

c.

Special review standards: Not applicable.

(4)

Alternative tower structures and small cell facilities not located in right-of-way.

a.

Design and location standards:

1.

Shall be designed and constructed to look like a building, facility, or structure typically found in the area;

2.

Height or size of the proposed alternative tower structure or small cell facility should be minimized as much as possible and shall be subject to the maximum height restrictions of the zoning district in which they are located, subject to a maximum height limit of twenty-eight (28) feet;

3.

Shall be sited in a manner that is least obtrusive to residential structures and residential district boundaries;

4.

Any new pole for an alternative tower structure or small cell facility shall be separated from any other existing WCF facility by a distance of at least six hundred (600) feet, unless:

i.

the applicant can demonstrate to the satisfaction of the TRC that it is not technically feasible for the technology to be deployed with such spacing, in which case, no closer than necessary for the technical feasibility of the technology to be deployed; or

ii.

the new pole replaces an existing, similar structure, as determined by the TRC.

5.

Shall take into consideration the uses on adjacent and nearby properties and the compatibility of the facility to these uses;

6.

Shall be compatible with the surrounding topography, tree coverage, and foliage;

7.

Shall be designed utilizing design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and

8.

Visual impacts of the proposed ingress and egress shall be minimized.

9.

Geotechnical boring may be used to install pole caissons. A geotechnical report from a registered Professional Engineer in the State of Colorado must be provided for the general area of the proposed location The report must detail soils observed, depths, soil strength and that the soil can support the entire proposed facility.

10.

All new wireless support structures must be supported with a reinforced concrete foundation designed, stamped, sealed, and signed by a professional engineer licensed in the State of Colorado, and subject to the Town's approval.

11.

The applicant shall be responsible for meeting subsurface utility engineering (SUE) requirements and the Town's construction mitigation plan (CMP) where applicable.

12.

The structure and facility, including the antenna, and all related equipment when attached to a new pole or wireless support structure, must be designed to withstand a wind force and ice loads in accordance with the applicable standards established in Chapter 25 of the National Electric Safety Code for utility poles, Rule 250-B and 250-C standards governing wind, ice, and loading forces on utility poles, in the American National Standards Institute (ANSI) in TIA/EIA Section 222-G established by the Telecommunications Industry Association (TIA) and the Electronics Industry Association (EIA) for steel wireless support structures and the applicable industry standard for other existing structures. The evaluation must be prepared by a professional structural engineer licensed in the State of Colorado.

13.

The applicant must provide a service letter for both electric and fiber.

14.

All new conduits (including fiber and electric) must be shown on the application along with appropriate technical information in the complete layout.

b.

Special review standards:

1.

Such structures shall be architecturally compatible with the surrounding area;

2.

Height or size of the proposed alternative tower structure should be minimized as much as practically possible;

3.

WCFs shall be sited in a manner that evaluates the proximity of the facility to residential structures and residential district boundaries;

4.

WCFs shall take into consideration the uses on adjacent and nearby properties and the compatibility of the facility to these uses;

5.

Compatibility with the surrounding topography;

6.

Compatibility with the surrounding tree coverage and foliage;

7.

Compatibility of the design of the site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and

8.

Impact on the surrounding area of the proposed ingress and egress, if any.

(5)

Towers.

a.

Design standards:

1.

Towers shall either maintain a galvanized steel finish, or, subject to any applicable FAA standards, be painted a neutral color so as to reduce visual obtrusiveness as determined by the Town;

2.

Tower structures should use existing land forms, vegetation, and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment;

3.

Monopole support structures shall taper from the base to the tip;

4.

All towers, excluding towers in right-of-way, shall be enclosed by security fencing or wall at least six (6) feet in height and shall also be equipped with an appropriate anti-climbing device. No security fencing or any portion thereof shall consist of barbed wire or chain link material;

5.

Towers shall be subject to the maximum height restrictions of the zoning district in which they are located, subject to a maximum height limit of forty (40) feet.

6.

Towers are prohibited in rights-of-way;

7.

Towers should be sited in a manner that is least obtrusive to residential structures and residential district boundaries where feasible;

8.

Towers should take into consideration the uses on adjacent and nearby properties and the compatibility of the tower to these uses;

9.

Towers should be designed utilizing design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

10.

Visual impacts of the proposed ingress and egress shall be minimized.

11.

No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town that no existing WCFs can accommodate the needs that the applicant proposes to address with its tower application. Evidence submitted to demonstrate that no existing WCF can accommodate these needs may consist of the following:

i.

No existing WCFs are of sufficient height and are located within the geographic area required to meet the applicant's engineering requirements;

ii.

Existing WCFs do not have sufficient structural strength to support applicant's proposed WCF;

iii.

The applicant's proposed WCFs would cause electromagnetic interference with the WCFs on the existing WCFs or the existing WCF would cause interference with the applicant's proposed WCF; and

iv.

The applicant demonstrates that there are other limiting factors that render existing WCFs unsuitable for colocation.

12.

A tower, located outside of the right-of-way, shall meet the greater of the following minimum setbacks from all property lines:

i.

The setback for a principal building within the applicable zoning;

ii.

Twenty-five percent (25%) of the facility height, including WCFs and transmission equipment; or

iii.

The tower height, including antennas, if the tower is in or adjacent to a residential district or residential zoned property.

b.

Special review standards:

1.

Height or size of the proposed tower;

2.

Proximity of the tower to residential structures and residential district boundaries;

3.

Nature of uses on adjacent and nearby properties;

4.

Compatibility with the surrounding topography;

5.

Compatibility with the surrounding tree coverage and foliage;

6.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness and, in the discretion of the Planning and Zoning Commission may be required to be alternative tower structures unless unreasonable under the circumstances;

7.

Wildfire hazard;

8.

Proposed ingress and egress; and

9.

No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town that no existing WCFs can accommodate the needs that the applicant proposes to address with its tower application. Evidence submitted to demonstrate that no existing WCF can accommodate these needs may consist of the following:

i.

No existing WCFs with a suitable height are located within the geographic area required to meet the applicant's engineering requirements;

ii.

Existing WCFs do not have sufficient structural strength to support applicant's proposed WCF;

iii.

The applicant's proposed WCFs would cause electromagnetic interference with the WCFs on the existing WCFs or the existing WCF would cause interference with the applicant's proposed WCF; and

iv.

The applicant demonstrates that there are other limiting factors that render existing WCFs unsuitable for colocation.

v.

The applicant demonstrates that a non-tower WCF cannot reasonably accommodate the service needs of the applicant.

(6)

Related accessory equipment.

a.

Design standards:

1.

All buildings, shelter, cabinets, and other accessory components shall be grouped as closely as technically possible;

2.

The total footprint coverage area of the WCF's accessory equipment shall not exceed three hundred fifty (350) square feet;

3.

No related accessory equipment or accessory structure shall exceed twelve (12) feet in height; and

4.

Accessory equipment, including but not limited to remote radio units, shall be located out of sight whenever possible by locating behind parapet walls or within equipment enclosures. Where such alternate locations are not available, the accessory equipment shall be camouflaged or concealed.

b.

Special review standards: Not applicable.

(g)

Review procedures and requirements. No new WCF shall be constructed and no colocation or modification to any WCF may occur (i.e. eligible facilities request) except after a written request from an applicant, reviewed and approved in accordance with this Section. The applicant shall conduct a pre-application conference with the Town Planning Department before submitting a WCF application. A pre-application conference is not required but is strongly encouraged to facilitate the efficient processing of WCF applications. All WCFs shall be reviewed pursuant to the procedures set forth in this Section:

(1)

Application submittal requirements for all WCFs.

a.

General requirements. A completed application form, signal interference letter, and payment of all application and review fees.

b.

Other permits. Applicant shall also submit the forms necessary for the Town to grant all required permits and approvals necessary to authorize the construction and deployment of the WCF, as specified by the Town in an application checklist, to include A TRC certificate, Land Development Permit, State Electrical Permit, Street Cut and Right of Way Permit, and Building Permit, as applicable. If Applicant does not wish to submit one (1) or more forms or applications concurrent with its initial application form, Applicant shall execute a tolling agreement with the Town that specifically excludes those permits or approvals from the review period(s) specified in subsection (g)(4).

c.

Site plan. A scaled site plan, photo simulation, scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate qualified professionals, showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, drainage, and other information deemed by the Town Planner to be necessary to assess compliance with this Section.

d.

License and license fee. No new WCF facility shall be constructed or colocated upon any tower or other structure in a right-of-way without first agreeing to a license agreement and payment of a license fee with the Town or applicable owner of the right-of-way or licensed space, not to exceed the amount that would be authorized of an entity pursuant to federal or state law.

e.

Inventory of existing sites. Each applicant for a WCF shall provide to the Town a narrative and map description of the applicant's existing or then currently proposed WCFs within the Town, and outside of the Town within one (1) mile of its boundaries. In addition, to the extent permitted by applicable regulations, the applicant shall inform the Town generally of the areas of the Town in which it believes WCFs may need to be located within the next three (3) years. The inventory list should identify the site name, site address, and a general description of the facility (for example, rooftop antennas and ground-mounted equipment). This provision is not intended to be a requirement that the applicant submit its business plan, proprietary information, or make commitments regarding locations of WCFs within the Town. Rather, it is an attempt to provide a mechanism for the Town and all applicants for WCFs to share general information, assist in the Town's comprehensive planning process, and promote colocation by identifying areas in which WCFs might be appropriately constructed for multiple users.

f.

Geo-technical report. A geo-technical report prepared by a licensed engineer demonstrating the WCF is suitable to be located on the subject property.

g.

Photographs. Visual "before" and "after" photographs (simulations) specifying the location of WCFs and accessory equipment and all adjacent land uses within one hundred fifty (150) feet. Such plans and drawing should demonstrate compliance with design standards in this Section.

(2)

Applications for wireless communication facilities not requiring special review (e.g. general requirement and design review only). Applications for wireless communication facilities not requiring special review shall be reviewed and considered for approval by the TRC for conformance with this Section.

a.

Appeal of TRC decision. Applicants may appeal the TRC's decision by submitting a written notice of appeal to the Town Manager within fourteen (14) calendar days of the date of the TRC's decision. The notice of appeal must specifically set forth the grounds for appeal and include all documentation the applicant deems relevant. The Town Manager shall within fourteen (14) business days of receipt of the notice of appeal and after review of all documentation submitted by the applicant and the TRC's decision issue a final decision which may affirm, overturn or modify the TRC's decision.

b.

Referral to Planning and Zoning Commission. To the extent permitted by law, the TRC may refer the application to Planning and Zoning Commission for special use permit review if the TRC finds the proposed WCF to have a significant visual impact (e.g., proximity to historic or designated view corridors, or on significant community features), or otherwise is substantially incompatible with the structure on which the WCF will be installed, or it does not meet the clear intent of this Section. Applications requiring special review approval shall be referred to the Planning and Zoning Commission for concurrent design review and special review.

(3)

Special review applications. Wireless communication facilities designated as special review uses may be permitted only upon a special use approval in accordance with this Section and Chapter 16, Article 3, Special Review Application Requirements and Procedures. Wireless communications facilities designated as special review uses shall comply with the applicable design review standards and special review standards; however, upon special review the design standard may be modified to be more restrictive if reasonable under the circumstances.

(4)

Review procedures for WCF siting requests

a.

Review periods. Upon receipt of an application to deploy a WCF, the TRC shall review and act on an application in the following time periods:

1.

Review of an application to colocate a small wireless facility using an existing structure: sixty (60) days.

2.

Review of an application to colocate a facility other than a small wireless facility using an existing structure: ninety (90) days.

3.

Review of an application to deploy a small wireless facility using a new structure: ninety (90) days.

4.

Review of an application to deploy a facility other than a small wireless facility using a new structure: one hundred fifty (150) days.

b.

Batching. If a single application seeks authorization for multiple deployments, all of which fall within a category set forth in either paragraph (g)(4)(a)(1) or (3) of this section, then the presumptively reasonable period of time for the application as a whole is equal to that for a single deployment within that category. If a single application seeks authorization for multiple deployments, the components of which are a mix of deployments that fall within paragraph (g)(4)(a)(1) of this section and deployments that fall within paragraph (g)(4)(a)(3) of this section, then the presumptively reasonable period of time for the application as a whole is ninety (90) days.

c.

Tolling. Unless a written agreement between the applicant and the TRC provides otherwise, the tolling period, if any, for an application to deploy a WCF is:

1.

For an initial application to deploy small wireless facilities, if the siting authority notifies the applicant on or before the tenth (10th) day after submission that the application is materially incomplete, and clearly and specifically identifies the missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information, the shot clock date calculation shall restart at zero on the date on which the applicant submits all the documents and information identified by the siting authority to render the application complete.

2.

For all other initial applications, the tolling period shall be the number of days from the day after the date when the TRC notifies the applicant in writing that the application is materially incomplete and clearly and specifically identifies the missing documents or information that the applicant must submit to render the application complete and the specific rule or regulation creating this obligation; until the date when the applicant submits all the documents and information identified by the TRC to render the application complete, only if the notice of incompleteness is effectuated on or before the thirtieth (30th) day after the date when the application was submitted.

3.

For resubmitted applications following a notice of deficiency, the tolling period shall be the number of days from the day after the date when the TRC notifies the applicant in writing that the applicant's supplemental submission was not sufficient to render the application complete and clearly and specifically identifies the missing documents or information that need to be submitted based on the siting authority's original request in paragraph (g)(4)(c)(2) until the date when the applicant submits all the documents and information identified by the TRC to render the application complete, but only if notice to the applicant is effectuated on or before the tenth (10th) day after the date when the applicant makes a supplemental submission in response to the TRC's request.

d.

Shot clock. The shot clock period for a siting application is the sum of the number of days of the presumptively reasonable period of time for the pertinent type of application, pursuant to paragraphs (g)(4)(a), plus the number of days of the tolling period, if any.

(5)

Review procedures for eligible facilities requests.

a.

Application. In all zoning districts, eligible facilities requests shall be considered a use by right subject to administrative review and determination by the TRC. The Town shall prepare, and make publicly available, an application form which shall be limited to the information necessary for the Town to consider whether an application is an eligible facilities request. Such information may include, without limitation, whether the request:

1.

Would result in a substantial change, as defined herein;

2.

Would violate a generally applicable law, regulations, or other rule reasonably related to public health and safety.

The application may not require the applicant to demonstrate a need or business case for the proposed modification or colocation. Applications determined to result in a substantial change shall be processed as an application for a new WCF.

b.

Type of review. Upon receipt of an application for an eligible facilities request pursuant to this Section, the TRC shall review such application to determine whether the application so qualifies.

c.

Timeframe for review. Subject to the tolling provisions of Subsection 16-191(g)(4)d., Tolling of the timeframe for review, within sixty (60) days of the date on which an applicant submits an application seeking approval under this Section, the Town shall approve the application unless it determines that the application is not covered by this Section.

d.

Tolling of the timeframe for review. The sixty-day review period begins to run when the application is filed, and may be tolled only by mutual agreement of the Town and the applicant, or in cases where the TRC determines that the application is incomplete:

1.

To toll the timeframe for incompleteness, the Town must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application;

2.

The timeframe for review begins running again when the applicant makes a supplemental written submission in response to the Town's notice of incompleteness; and

3.

Following a supplemental submission, the Town will notify the applicant within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in Subsection d.1. above. In the case of a second or subsequent notice of incompleteness, the Town may not specify missing documents or information that were not delineated in the original notice of incompleteness.

e.

Failure to act. In the event the Town fails to act on a request seeking approval for an eligible facilities request under this Section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant becomes effective when the applicant notifies the Town in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

f.

Interaction with Telecommunications Act Section 332(c)(7). If the Town determines that the applicant's request is not an eligible facilities requests set forth in this Section the presumptively reasonable timeframe under Section 332(c)(7), as prescribed by the FCC's Shot Clock Order, will begin to run from the issuance of the Town's decision that the application is not a covered request. To the extent such information is necessary, the Town may request additional information from the applicant to evaluate the application under Section 332(c)(7) reviews.

(6)

Micro wireless facilities. An application, application fee, and permit are not required for the installation, placement, operation, maintenance, or replacement of a micro wireless facility suspended on cable operator-owned cables or lines that are strung between existing utility poles in compliance with national safety codes. Cable operator shall have the meaning set forth in C.R.S. § 29-8-103(1), as amended. However, a right-of-way permit is required if the installation, placement, operation, maintenance, or replacement of a micro wireless facility:

a.

Involves working within a highway travel lane or requires the closure of a highway travel lane;

b.

Disturbs the pavement or a shoulder, roadway, or ditch line;

c.

Includes placement on limited access rights-of-way; or

d.

Requires any specific precautions to ensure the safety of the traveling public; the protection of public infrastructure; or the operation of public infrastructure; and such activities either were not authorized in, or will be conducted in a time, place, or manner that is inconsistent with, the approval terms of the existing permit for the facility or structure upon which the micro wireless facility is attached.

(7)

Other requirements and standards.

a.

Abandonment and removal. Prior to approval, affidavits shall be required from the owner of the property and from the applicant acknowledging that each is responsible for the removal of a WCF that is abandoned or is unused for a period of six (6) months.

b.

Decision. Any decision to approve, approve with conditions, or deny an application for a WCF, shall be in writing and supported by substantial evidence in a written record. The applicant shall receive a copy of the decision.

c.

Compliance with applicable law. Notwithstanding the approval of an application for colocation as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building and safety requirements as set forth in the Code and any other applicable regulations. In addition, all WCF applications shall comply with the following:

1.

Comply with any permit or license issued by a local, state, or federal agency with jurisdiction of the WCF;

2.

Comply with easements, setbacks, covenants, conditions and/or restrictions on or applicable to the underlying real property;

3.

Be maintained in good working condition and to the standards established at the time of application approval; and. Remain free from trash, debris, litter, noxious weeds, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than ten (10) calendar days from the time of notification by the Town or after discovery by the owner or operator of the site.

d.

Compliance report. Upon request by the Town, the applicant shall provide a compliance report within forty-five (45) days after installation of a WCF, demonstrating that as installed and in operation, the WCF complies with all conditions of approval, all applicable Code requirements and standard regulations.

e.

Public health report. The maximum radio frequency radiation shall be measured and documented in a written report and submitted to the Town. The measurement and report shall be performed and prepared by a qualified, independent testing service/consultant retained by the Town at the applicant's expense. Applicant shall have the site tested on a yearly basis, starting one (1) year after construction and submit a written affidavit indicating that the facilities still comply with the most current FCC standards. In the event that the testing demonstrates higher radio frequency radiation than is allowed by the FCC standards, the Town Planner will schedule a public hearing before the Town Council to consider requiring removal of the facilities. Written notice of the hearing will be provided to the property owner and the lease holder of the telecommunication facility at least fifteen (15) days prior to the hearing date.

f.

WCFs in right-of-way. Base stations, alternative tower structures, and small cell facilities located in the right-of-way are permitted uses subject to the design review and other applicable standards in this section. Towers, except towers or alternative tower structures used to support small wireless facilities, are prohibited in the right-of-way.

g.

Failure to act. Notwithstanding any failure to act by the Town, no WCF shall be erected in violation of the design standards and general requirements contained in this Section.

h.

Lapse of approval. Any approval of a WCF under this Section shall expire nine (9) months after the date of such approval unless the construction of the WCF has been initiated and unless otherwise extended by the TRC for up to an additional six (6) months.

i.

Prevention of failures and accidents. Any person who owns and/or operates any WCF, including a small cell facility in the right-of-way, and/or Wireless Support Structure shall at all times employ ordinary and reasonable care, and install and maintain using industry standard technology for preventing failures and accidents, which are likely to cause damage, injury, or nuisance to the public.

j.

Compliance with fire safety. WCFs, including small cell facilities in the right-of-way, wireless support structures, wires, cables, fixtures, and other equipment shall be installed and maintained in substantial compliance with the requirements of the National Electric Code, all state and local regulations, and in such manner that will not interfere with the use of other property.

k.

In cases where a facility is proposed on Town property that is not in the public right-of-way, specific locations and compensation to the Town shall be negotiated in lease agreements between the Town and the provider for use of the location on a case-by-case basis and would be subject to all the review criteria contained in this Section. Lease agreements shall be executed prior to location approval under this Section. Such agreements shall not provide exclusive arrangements that could tie up access to the negotiated sites or limit competition and must allow for the possibility of colocation with other providers as described in this section.

(Ord. 18 §2(Exh. A), 2019; Ord. 20 §2(Exh. A), 2022)

The premises for a natural medicine healing center is permitted in the Town subject to the requirements included in this Code, including but not limited to Chapter 6 and this Chapter.

(1)

Definitions. The words and phrases used in this section shall have the meanings defined below.

Natural medicine means psilocybin or psilocyn and other substances described as "natural medicine" in C.R.S. §§ 44-50-101 through 904 (the "Colorado Natural Medicine Code").

Natural medicine business shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time, and shall include the following:

a.

Natural medicine healing centers;

b.

Natural medicine cultivation facilities;

c.

Natural medicine products manufacturers;

d.

Natural medicine testing facilities; and

e.

Any other business entity licensed to perform operations related to natural medicine by the state licensing authority.

Natural medicine cultivation facility shall have the meaning provided in the Code of Colorado Regulations, Natural Medicine Division, 1 CCR § 213-1, as may be amended from time to time.

Natural medicine healing center shall have the same meaning as "healing center" as provided in the Colorado Natural Medicine Code, as may be amended from time to time.

Natural medicine product shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

Natural medicine products manufacturer shall have the meaning provided in the Code of Colorado Regulations, Natural Medicine Division, 1 CCR § 213-1, as may be amended from time to time.

Natural medicine services shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

Natural medicine testing facility shall have the meaning provided in the Code of Colorado Regulations, Natural Medicine Division, 1 CCR § 213-1, as may be amended from time to time.

Participant shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

Regulated natural medicine shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

State licensing authority shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

(2)

Zoning. Natural medicine businesses may be allowed in the zone districts as set forth in the Schedule of Use Table in Section 16-22 and if in compliance with the requirements of this section 16-192. A natural medicine business is prohibited unless specifically permitted by this section and by the zoning district regulations applicable to the subject property.

(3)

Location limits for natural medicine businesses. The premises for a natural medicine business permitted under State Law may be approved provided they satisfy:

a.

The Town business licensing requirements outlined in Chapter 6; and

b.

The State licensing requirements under C.R.S. 44-50-101, et seq.; and

c.

The schedule of use requirements outlined in Section 16-22 and are located within areas zoned for that use as outlined below:

1.

Natural medicine healing centers must be located within areas zoned C-3 and within a medical center.

2.

Natural medicine cultivation facilities, natural medicine products manufacturers, natural medicine testing facilities, and any other business entity licensed to perform operations related to natural medicine must be located within the Industrial (IN) Zone District.

(4)

Additional limitations.

a.

As determined by the Colorado Natural Medicine Code, no natural medicine business shall be within one thousand (1,000) feet as measured by means of direct pedestrian route of any:

1.

Child care center;

2.

Preschool;

3.

Elementary, middle, junior, or high school; or

4.

Residential child care facility.

b.

The hours of operation of any natural medicine business are restricted to 7:00 a.m. to 9:00 p.m.

c.

All natural medicine businesses shall have a security plan for the secure storage of natural medicine and natural medicine products approved by the State of Colorado Natural Medicine Division and shall provide the plan to the Town prior to beginning operation, and shall provide any updated plans to the Town within ten (10) business days.

d.

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

e.

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

f.

All storage for natural medicine businesses shall be located within a permanent building and may not be located within a trailer, tent, or motor vehicle. All storage of regulated natural medicine and regulated natural medicine products shall be in a secured and locked container.

g.

Natural medicine businesses shall provide secure disposal of natural medicine and natural medicine product remnants or by-products. Natural medicine and natural medicine product remnants or by-products shall not be placed within the facilities' exterior refuse container, nor discharged into any street, alley, or public place, or into any municipal storm sewer and/or system in the Town.

h.

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

i.

Licenses. All natural medicine businesses must obtain:

1.

A business license from the Town under Chapter 6; and

2.

A license from the state licensing authority pursuant to the conditions set forth in the Colorado Natural Medicine Code.

j.

Indemnification of the Town. By accepting a license issued pursuant to this chapter, a licensee, jointly and severally if more than one (1), agrees to indemnify and defend the Town, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the operation of the natural medicine business that is the subject of the license. The licensee further agrees to investigate, handle, respond to and provide defense for and defend against any such liability, claims or demands at its expense and to bear all other costs and expenses related thereto, including court costs and attorney fees. The Town Manager may require a licensee to execute a written instrument confirming the provisions of this section.

k.

Existing Uses. Any natural medicine healing center that has applied for or received a license from the State licensing authority prior to the effective date of the ordinance establishing this Section 16-192 shall be treated as a legal nonconforming use under the Town Code.

(Ord. 08, §2(Exh. A), 2025)