In addition to those definitions in chapter 17-04, B.M.C. the following definitions apply for purposes of this chapter:

(A)

Accessory equipment means equipment, including buildings and cabinets, used to protect and enable operation of radio switching equipment, back-up power, and other devices, but not including antennas, that are necessary for the operation of a wireless communications facility.

(B)

Alternative tower structure means innovative siting techniques such as artificial trees, clock towers, grain silos, bell towers, false chimneys, steeples, light poles, utility poles, windmills, and similar design mounting structures that camouflage or conceal the presence of antennas or towers.

(C)

Antenna means any exterior apparatus designed for telephonic, radio, television, personal communications service (PCS), pager network, or any other communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless communications signals, or other communications signaling of any bandwidth.

(D)

Base station means any structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. A 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.

2.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks).

3.

Any structure other than a tower that, at the time the relevant application is filed with Broomfield under this section, supports or houses equipment described in paragraphs (D)(1)-(D)(2) that 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 that support.

4.

The term does not include any structure that, at the time the relevant application is filed with Broomfield under this section, does not support or house equipment described in (D)(1)-(2) of this section.

(E)

Building mounted wireless communications facility means a wireless communications facility that is supported entirely on the wall or roof of a legally existing building or structure, as defined in section 17-04-480, which may include accessory equipment.

(F)

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 tower or base station, involving:

1.

Collocation of new transmission equipment; or

2.

Removal of transmission equipment; or

3.

Replacement of transmission equipment.

(G)

Monopole means a structure composed of a single spire used to support telecommunications equipment having no guy wires or ground anchors.

(H)

Pre-existing towers, monopoles, or antennas means any tower, monopole, or antenna lawfully constructed or permitted prior to the adoption of this chapter, but does not include the replacement of such.

(I)

Small cell facility means any of the following:

1.

A personal wireless service facility as defined by the federal "Telecommunications Act of 1996" as amended as of August 6, 2014.

2.

A wireless service facility that meets both of the following qualifications:

a.

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

b.

Primary equipment enclosures are no larger than seventeen cubic feet in volume as measured on the exterior surface of the enclosure. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch and cut-off switch.

c.

A micro wireless facility.

(J)

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

(K)

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

1.

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; or

2.

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

3.

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

4.

It entails any excavation or deployment outside the current site; or

5.

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

6.

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, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs (K)(1)-(K)(4) of this section.

(L)

Tower means a structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term also includes the structure and any support thereto.

(M)

Transmission equipment means any 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.

(N)

Wireless communications facility means any facility consisting of antennae, equipment, and equipment storage shelter used for the reception, switching, and/or transmission of wireless communications including, but not limited to, paging, enhanced specialized mobile radio, personal communication service, cellular telephone, common carrier wireless exchange access service, wireless internet, and similar technologies. Siting for wireless communications facilities is a use of land and is subject to the city's zoning ordinances and all other applicable ordinances and regulations.

(Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

(Ord. No. 2070, § 1, 8-28-18)

The city manager or his or her designee may approve the location of the following wireless communications facilities within any location in the city:

(A)

The following wireless communication facilities can be considered for administrative review:

(1)

Antennas on existing structures. Any antenna which is not attached to a tower may be approved administratively as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of four or more dwelling units. Wireless communications equipment intended for commercial use may not be located on residential structures of less than four dwelling units;

(2)

Antennas on existing towers. Placement of antennas on existing structures and co-location by more than one carrier of antennas on existing towers shall take precedence over the construction of new towers, and may be approved administratively provided such is accomplished in a manner consistent with this section;

(3)

Cable microcell networks. Installation of cable microcell networks through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers and is intended to improve coverage and capacity of existing wireless communications facilities;

(4)

Monopoles. Installation of monopoles up to five feet in height taller than surrounding light poles, utility poles, or similar structures;

(5)

Small cell facilities;

(6)

Eligible facilities requests.

(B)

All wireless communications facilities for which administrative review is sought must comply with the following conditions:

(1)

The antenna complies with the requirements of section 17-35-070;

(2)

The antenna complies with all applicable FCC and FAA regulations;

(3)

The antenna and accessory equipment employ alternative tower structures, and blend to the natural setting and surrounding architecture in a manner which helps camouflage the facility;

(4)

All accessory equipment is located within a pre-existing structure or below grade; or if a new structure is required to house such equipment, such structure is harmonious with and blends with the natural features, and is compatible with surrounding buildings and structures. Accessory buildings and facilities are to be screened, to the extent possible, from public streets and sidewalks, either by screening, landscaping, location, or other techniques deemed sufficient;

(5)

All small cell facilities shall be consistent with the requirements of section 17-35-075;

(C)

At the discretion of the city manager or his or her designee, any application for administrative approval may be referred to the land use review commission and city council for special review in accordance with this chapter.

(D)

If an administrative approval is denied, the applicant may file a new application for special review in accordance with section 17-35-030.

(E)

Eligible facility requests shall be approved if it is determined the application so qualifies.

(Ord. 1514 §1, 2000; Ord. 1935 §43, 2011)

(Ord. No. 2070, § 2, 8-28-18; Ord. No. 2138, § 43, 4-6-21)

(A)

Site plans. The site plans for wireless communications facilities shall be submitted on one or more plats or maps, at a scale not less than 1" = 50', showing the following information:

(1)

The proposed size and location of the facilities and accessory equipment, and for towers, the boundaries of the tower site, including existing and proposed topography at two-foot intervals, referenced to USGS data, state plane coordinates, and a legal description of the proposed site;

(2)

Elevations of all equipment, indicating materials, overall exterior dimensions, and colors;

(3)

True north arrow;

(4)

Locations and size of existing improvements, existing vegetation, if any; location and size of proposed improvements, including any landscaping;

(5)

Existing utility easements and other rights-of-way of record, if any;

(6)

For towers, location of access roads;

(7)

The names of abutting subdivisions or the names of owners of abutting, unplatted property within 400 feet of the site; zoning and uses of adjacent parcels; and

(8)

Proof of ownership in a form acceptable to the city.

(B)

Vicinity maps. The vicinity maps submitted with an application under this chapter shall include one or more maps showing the location of existing and planned wireless communications facilities belonging to the applicant, within five miles of the proposed facility. Such maps will show small cell facilities within 1,000 feet of a proposed facility. Planned facilities may be identified in general terms and need not be address specific.

(C)

Narrative. The application for wireless communication facilities, except for Eligible facility requests and Small cell facilities, shall include the following in narrative form:

(1)

The applicant's and surface owner's names, addresses, signatures, and designation of agent, if applicable;

(2)

An explanation of the need for such a facility, operating plan, and proposed coverage area;

(3)

An explanation of the applicant's knowledge of alternatives to the proposed facility, and why other sizes or alternative tower or antenna structures will not work, and the relative costs for alternatives;

(4)

An explanation of how the proposed facility blends with the natural features in the area, and is compatible with surrounding buildings and structures;

(5)

An explanation of the compatibility, or incompatibility, of the proposed facility with existing antennas or towers in the city, and those within five miles of the city's borders. A full explanation of why any existing antennas or towers can or cannot be utilized must be included in the narrative;

(6)

Affirmation that the applicant will obtain all required permits or approvals from other local, state, or federal agencies other than the FCC;

(7)

Affirmation that the proposed facility, alone or in combination with other like facilities, will comply with current Federal Communications Commission's (FCC) standards for cumulative field measurements of radio frequency power densities and electromagnetic fields;

(8)

Affirmation that the facility will comply at all times with current FCC regulations prohibiting localized interference with reception of television and radio broadcasts;

(9)

Affirmation that the facility will not interfere with any public safety frequencies servicing the city and its residents;

(10)

A report describing the structure's ability to support co-locations, and affirmation that, if approved, the applicant and surface owner will make the facility available, on a reasonable basis, to other service providers; and

(11)

An explanation of compatibility with applicable city master plan design guidelines and standards.

(D)

Engineering report. All applications for wireless communications facilities require an engineer's certificate of structural integrity be provided at the time of building/construction permit application review.

(E)

Visual analysis. All applicants shall submit a visual analysis, which may include photo montage, field mock up or other techniques, which identifies the potential visual impacts of the proposed facility. Consideration shall be given to views from public areas as well as from private residences. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant.

(F)

All facilities must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the Federal Government with the authority to regulate towers and antennas.

(G)

In lieu of the above application materials, Eligible Facility Requests shall submit a summary of site location (address), statement regarding whether the project is a substantial change or not, summary and scope of work to be completed on site, dimensions of support structure prior to collocation, and a site plan showing property boundaries, setbacks, elevations and dimensions of collocation or modification project.

(H)

Application Fees. The application fee for any wireless facility allowed pursuant to this chapter shall be as specified:

(1)

Administrative Review of Wireless Communications Facility (including a single small cell facility or eligible facility): $200.00

(2)

Administrative Review of Small Cell Network: $500.00

(3)

Use by Special Review for Wireless Communication Facility: $500.00

(Ord. 1194 §9, 1996; Ord. 1514 §1 2000)

(Ord. No. 2070, § 3, 8-28-18)

Within all zoning districts providing for wireless communications towers as a use by special review, it is unlawful for any person to install or operate such a facility unless a use permitted by special review has first been approved by the city council as provided in this chapter. The approval of such use by special review does not relieve the operator from otherwise complying with all applicable regulatory requirements of the city, state, and federal governments.

(Ord. 1194 §9, 1996; Ord. 1514 §1 2000)

The recommendation of the land use review commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed wireless communications tower meets the following standards:

(A)

The site plan complies with the requirements of subsection 17-35-030(A);

(B)

The vicinity map complies with the requirements of subsection 17-35-030(B);

(C)

The narrative for the application complies with the requirements of subsection 17-35-030(C);

(D)

When applicable, compliance with the setback and height requirements of section 17-35-070.

(Ord. 1194 §9, 1996; Ord. 1514 §1 2000; Ord. 1935 §44, 2011)

(Ord. No. 2138, § 44, 4-6-21)

Antennas or towers for governmental purpose located on property owned, leased, or otherwise controlled by the city may be exempt from the requirements of this chapter. This exemption shall be available if a license or lease authorizing the antenna or tower has been approved by the city council and the city council elects, subject to state law and local ordinance, to seek the exemption from this chapter.

(Ord. 1514 §1, 2000)

(A)

Building mounted wireless communications facilities mounted on a wall of an existing building must be mounted as flush with the wall as technically possible and shall not project above the wall on which mounted, unless sufficient screening methods are demonstrated and accepted as part of the approval.

(B)

Building mounted wireless communications facilities may be attached to an existing penthouse or existing mechanical equipment enclosure which projects above the roof of a building but may not project any higher than the penthouse or enclosure. Such antennas and related accessory equipment must be completely screened from view by materials that are consistent and compatible with building design, color, and materials.

(C)

Applicable zoning setback requirements of this title must be met. At a minimum, all wireless communications towers, except for wireless communications facilities in the public right-of-way, shall be setback a distance equal to at least the height of the tower from any adjoining lot line. Guys and accessory buildings must satisfy the minimum zoning setback requirements.

(D)

Towers and antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. Such lighting shall not, unless required by the FAA or other applicable authority, include strobe lights, and if a strobe light is required, then red shall be preferred over white, and if a white (constant or strobe) light is required, then the lowest approved intensity white must be used.

(Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

(Ord. No. 2070, § 4, 8-28-18)

A small cell facility may be deployed in the public rights-of-way, including utilization of a traffic signal, street light pole, or similar structure within a public right-of-way. Such facilities shall remain subject to the following criteria below:

(A)

Attachment of small cell facilities on an existing or replacement traffic light pole, street light standard or other vertical infrastructure is encouraged. These facilities may be permitted provided that:

(1)

The owner of the vertical infrastructure approves the use;

(2)

The small cell facility does not exceed the height of the existing infrastructure on which it is mounted by more than ten feet;

(3)

Antenna installations on traffic signal standards are placed in a manner so that the size, appearance and function of the traffic signal will not be considerably altered;

(4)

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

(B)

Freestanding facilities. Where a new freestanding facility is proposed (that is not an attachment to existing infrastructure or a replacement pole), a freestanding small cell facility may be permitted, provided that:

(1)

The maximum facility height, including both vertical infrastructure and antenna, is not more than forty feet.

(2)

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

(C)

Any new pole for a small cell facility shall be separated from any other freestanding small cell facility in the public right-of-way by a distance of at least 600 feet. The city manager, or his or her designee, may exempt an applicant from this requirement if: (i) the applicant demonstrates through technical network documentation that the minimum separation requirement cannot be satisfied for technical reasons, or (ii) the city manager, or his or her designee, when considering the surrounding topography, the nature of adjacent uses and nearby properties, and the height of existing structures in the vicinity, has reasonably determined that the proposed placement of a small cell facility at a distance less than 600 feet from another freestanding small cell facility will meet the intention of this provision of reducing the visibility of and visual clutter created from small cell facilities.

(D)

When placed in a residential zone, the small cell facility shall be placed adjacent to the common side yard property line between adjoining residential properties, so that the small cell facility minimizes visual impacts equitably among adjacent properties. In the case of a corner lot, the small cell facility may be placed adjacent to the common side yard property line between adjoining residential properties or on the corner formed by two intersecting streets.

(E)

Multiple users. To the extent reasonably feasible from a construction, engineering, or design perspective, all small cell facilities shall be designed and constructed to permit any such facility to accommodate at least two wireless service providers on the same facility.

(F)

Small cell facilities installed adjacent to sidewalks or trails shall be placed in a manner that reasonably ensures that the safety of pedestrians, bicyclists and motorists is not impaired.

(G)

Applications for small cell facilities in the public right-of-way shall be processed and reviewed using the review procedures and requirements described in section 17-35-020 B.M.C. The following shall also apply to small cell facility applications:

(1)

For small cell networks involving multiple individual small cell facilities the city will allow the applicant, at the applicant's discretion, to file a consolidated application with up to twenty-five small cell facilities, all of which are substantially the same type, and receive a single approval for the small cell network instead of filing separate applications for each individual small cell facility;

(2)

For a consolidated application, each small cell facility within the consolidated application remains subject to review for compliance with the requirements of this section. The denial of any individual small cell facility is not a basis to deny the consolidated application as a whole or any other small cell facility incorporated within the consolidated application;

(3)

A contractor's license and liability insurance must be completed and on file with the community development department when working in the right-of-way and/or connecting to a public utility.

(H)

Compatibility required. The small cell facility shall utilize or replace existing permitted facilities (including traffic signs, traffic signals, light poles or light standards) so that the presence of the small cell facility is not readily apparent or, if a new freestanding installation is requested, the small cell facility design will be consistent with nearby architectural features or be consistent with the general size and shape of pole-mounted equipment installed by communication companies on utility poles within 300 feet of the facility.

(I)

Non-reflective materials. The visible exterior surfaces of small cell facilities, such as poles, antennas, vaults and equipment enclosure structures shall be constructed out of or finished with non-reflective materials and shall be painted to match as closely as possible the color and texture of the vertical infrastructure on which it is mounted.

(J)

Indemnification. As a condition of approval, the wireless service provider shall agree, at its sole cost and expense, to indemnify, hold harmless and faithfully defend the city, its officials, boards, commissions, commissioners, agents and employees against any claims, suits, causes of action, proceedings and judgments for damages or equitable relief arising out of the construction, maintenance or operation of its equipment authorized by this section. This will apply whether the act or omission complained of is authorized, allowed or prohibited by applicable law or a permit requirement, except in cases where liability is solely caused by the negligence of the person or persons covered by the indemnity.

(K)

Operation and maintenance. To ensure the structural integrity of small cell facilities, the owner of a small cell facility shall ensure that it is maintained in compliance with standards contained in applicable local building and safety codes. If upon inspection, the city concludes that a small cell facility 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 small cell facility, the owner shall have thirty days from the date of notice to bring such small cell facility into compliance. Upon good cause shown by the owner, the city manager may extend such compliance period. If the owner fails to bring such small cell facility into compliance within said time, the city may remove such small cell facility at the owner's expense.

(L)

Exclusion of competitors prohibited. No small cell facility owner or lessee, or officer or employee thereof, shall act to exclude or to attempt to exclude any other competitor from using the same structure for the location of other antennas.

(M)

The applicant for a small cell facility shall send notice regarding their application to property owners of record located within 100 feet of each proposed small cell facility. Such notice shall occur within one week of the application submittal to the City and County of Broomfield and shall include contact information for the applicant, contact information for the City and County of Broomfield Community Development Department, a location map for the proposed facility, construction phasing plan for small cell network and a description of the proposed improvement.

(Ord. No. 2070, § 5, 8-28-18)

Towers and monopoles that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion or alteration of a nonconforming use or structure.

(Ord. 1514 §1, 2000)

The city encourages co-location of wireless communications facilities to minimize the number of sites.

(A)

No wireless communications facility owner or operator shall unfairly exclude a competitor from using the same facility or location. Unfair exclusion of use by a competitor may result in the revocation of the administratively approved use, use by special review, or site development plan.

(B)

If a competitor attempts to co-locate a facility on an existing or approved facility or location, and the parties cannot reach agreement, the city may require a third party technical study at the expense of either or both of the parties to determine the feasibility of co-location.

(Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

At the request of the city, the operator must furnish a statement to the city indicating the operational status of the facility, and without such request must notify the city if use of a facility has been discontinued or transferred to another entity. If the use has been discontinued, the date on which the facility was last used shall be provided. Wireless communications facilities, including accessory equipment, not used for a continuous period of six months shall be disassembled within twelve months of the last use. If abandoned facilities are not removed, the city may have the facilities removed at the applicant's expense. If two or more providers of wireless communications service use an antenna support structure or related equipment, the period of nonuse under this section shall be measured from the cessation of operation at the location by all such users. Failure to remove shall constitute a public nuisance.

(Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

(A)

No person shall locate a wireless communications facility upon any lot or parcel except as provided in this chapter.

(B)

Preexisting towers or antennas shall not be required to meet the requirements of this subsection, and shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with requirements of this chapter under a new application.

(C)

Any person who constructs, installs, or uses, or who causes to be constructed, installed, or used, any wireless communications facility in violation of any provision of this chapter or of the conditions and requirements of the special use permit, may be punished as provided in chapter 1-12, B.M.C. Each day of unlawful operation constitutes a separate violation.

(Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any provision of this article or the conditions and requirements of a wireless communications facility special use permit or administrative approval, the city attorney, in addition to the other remedies provided by law, ordinance, or resolution, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use.

(Ord. 1194 §9, 1996; Ord. 1514 §1, 2000)