(a)

The intent of this Division is:

(1)

To ensure that telecommunications facilities minimize adverse visual impacts through careful design, appropriate siting, landscape screening and innovative camouflaging techniques;

(2)

To encourage the location of telecommunications facilities in non-residential areas;

(3)

To minimize the visual impact of telecommunications facilities in the community;

(4)

To encourage the joint use of new and existing telecommunications facility locations through collocation;

(5)

To enhance the ability to provide telecommunications services to the city quickly, effectively and efficiently;

(6)

To protect the public health, safety and welfare;

(7)

To avoid damage to adjacent properties from tower failure through careful engineering and locating of towers; and

(8)

To encourage small wireless facilities located in the city's rights-of-way to utilize existing structures before erecting a freestanding facility in accordance with Titles 29 and 38, C.R.S.

(b)

Applicability. This Division shall apply to all telecommunications facilities except a tower or antenna owned and operated by a federally licensed amateur radio station operator or used exclusively as a receive-only facility.

(Ord. 09, § 6, 6-19-2017; Ord. 03 § 3, 4-15-2019)

(a)

Administrative approval is allowed for applications for building-mounted telecommunication facilities, and all pole-mounted or freestanding small wireless facilities in all zone districts and right-of-way that meet the criteria set forth in this article.

(b)

City Council approval is required for applications for any new telecommunications tower, alterations of an existing telecommunications tower that does not qualify as an eligible facility request, and exceptions to the criteria set forth in this article for small wireless facilities and building-mounted telecommunications facilities.

(c)

Micro wireless facilities.

(1)

No application is required for installation, placement, operation, maintenance, or replacement of micro wireless facilities that are suspended on provider-owned cables or lines that are strung between existing utility poles in compliance with national safety codes.

(2)

A right-of-way permit is required if the installation, placement, operation, maintenance, or replacement of micro wireless facilities:

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.

(Ord. 09, § 6, 6-19-2017; Ord. 03 § 4, 4-15-2019)

(a)

Within ninety (90) days of receipt of an administrative review application for telecommunications facilities and free-standing small wireless facilities in the right-of-way deemed complete by the Director, the Director shall determine whether the proposed application conforms to the design and development standards set forth in this article. An applicant and the Director may mutually agree in writing that an application may be processed in a longer period.

(b)

Within sixty (60) days of receipt of an application for a small wireless facility to be attached to an existing structure in the right-of-way in accordance with design and development guidelines, the Director shall determine whether the proposed application conforms to the development standards set forth in this article. An applicant and the Director may mutually agree in writing that an application may be processed in a longer period, but in order to suspend the review period due to incompleteness, the city must provide written notice to the applicant within ten (10) days of receipt of the application, specifically delineating all missing documents or information required in the application.

(c)

Expiration. If construction of an approved facility is not commenced within one hundred eighty (180) days of approval, the approval shall expire. If there is an appeal, the one-hundred-eighty-day period shall not begin until the appeal is finally resolved.

(Ord. 09, § 6, 6-19-2017; Ord. 03 § 5, 4-15-2019)

(a)

Applicability. A neighborhood input meeting (NIM) must be held prior to submittal of an application for any telecommunications facility that requires City Council review. This section does not apply to the review of small wireless facilities or facilities that are otherwise subject to administrative review, nor to requests made to City Council to grant an exception to design or development guidelines.

(b)

Exceptions. The Director may waive the requirement for a NIM if not more than one (1) year has elapsed since the date of a NIM for the same or similar request for which an application was deemed complete by the Director.

(c)

Notice. The applicant shall send written notice via first-class United States mail to all property owners within one thousand (1,000) feet of the boundary lines of the property that is the subject of the application, at least fifteen (15) days prior to the date of the NIM. Notice materials will be provided to the applicant. The applicant shall provide an affidavit of notice in substantially the form provided in Appendix B.

(d)

Attendance. At least one (1) representative of the applicant and at least one (1) representative of the city shall attend the NIM.

(Ord. 09, § 6, 6-19-2017; Ord. 03 § 6, 4-15-2019)

(a)

Applicability. This section applies to all applications for towers and for applications for building-mounted facilities that require exceptions to code criteria.

(b)

The City Council shall base its decision regarding a telecommunication facility on whether the proposed facility meets the applicable requirements of this Article and federal and state law. If approved, the applicant may apply for a building permit.

(c)

A decision on an application deemed complete by the Director shall be rendered within one hundred fifty (150) days. An applicant and the Director may mutually agree in writing that an application may be processed in a longer period.

(d)

Expiration. If construction of an approved facility is not commenced within one hundred eighty (180) days of approval, the approval shall expire. If there is an appeal of the City Council's decision, the one-hundred-eighty-day period shall not begin until the appeal is finally resolved.

(e)

Modifications. Authority is delegated to the Director to make administrative modifications to a previously approved facility for the sole purpose of correcting an administrative or clerical error, such as correction of inaccurate legal descriptions, inaccurate topographic information and other technical information, or to add or replace approved equipment with current technology that is otherwise in conformance with this Division.

(Ord. 09, § 6, 6-19-2017; Ord. 03 § 7, 4-15-2019)

(a)

Applicability. This section shall apply to telecommunications towers, excluding small wireless facilities.

(b)

Development standards.

(1)

Setbacks. A tower shall not be located within two hundred fifty (250) feet of any residential dwelling.

(2)

Height. A tower shall not exceed thirty (30) feet in height in any residentially occupied area or residentially zoned district or open space zoned district, or fifty (50) feet in height in any commercially zoned district.

(3)

Design standards.

a.

The tower shall be designed to be compatible with surrounding buildings and structures and existing or planned uses in the area, subject to any FAA regulations.

b.

The tower shall be finished in a neutral color to reduce visual obtrusiveness, subject to any applicable standards of the FAA.

c.

All towers shall, to the extent feasible from a technological or engineering perspective, accommodate collocation of other telecommunications facilities.

d.

Support facilities shall be placed in a flush-to-grade underground equipment vault.

e.

Signage. Signs shall be limited to those signs required for cautionary or advisory purposes only.

f.

Illumination. Towers shall not be artificially illuminated unless required by the FAA or other governmental regulation.

(4)

Screening. If deemed necessary by the Director due to aesthetic impacts, the area around the tower shall be landscaped with a buffer of plant materials that effectively screens the base of the facility.

(Ord. 03 § 8, 4-15-2019)

Editor's note— Ord. No. 03 § 8, adopted April 15, 2019, in effect, repealed § 16-23-60 and enacted a new § 16-23-60. Former § 16-23-60 pertained to development standards and derived from Ord. No. 09, adopted June 19, 2017.

(a)

Applicability. This section shall apply to towers that meet the definition of freestanding wireless facilities.

(b)

Development standards.

(1)

The shared use of an existing freestanding small wireless facility is preferred to the construction of a new facility. An application to locate a new freestanding small wireless facility shall include evidence that it is, from a technological or engineering standpoint, unable to collocate with an existing telecommunications facility, streetlight, traffic signal, or other structure within a reasonable distance, regardless of the municipal boundaries of the site. The telecommunications provider must demonstrate that the proposed facility cannot be accommodated on existing facilities due to one (1) or more of the following reasons:

a.

Existing facilities are not of sufficient height within the geographic area to provide coverage or capacity in the least intrusive means possible based on the applicant's technical and radio frequency needs; or

b.

Existing facilities do not have sufficient structural strength or space to support applicant's proposed facility within design guidelines; or

c.

The planned equipment, if collocated, would cause radio frequency interference with other existing or planned equipment, or exceed radio frequency emission standards that cannot be reasonably prevented; or

d.

The applicant demonstrates that there are other limiting factors that render existing or replacement facilities unsuitable for collocation.

(2)

Height. The freestanding small wireless facility shall not exceed thirty (30) feet in height in any residentially zoned district, open space zoned, or commercial district, or thirty (30) feet in height in commercially zoned districts.

(3)

Design standards. A freestanding small wireless facility shall be of a design adopted by the city that allows for the deployment of wireless services, and considers wireless providers' technological and engineering requirements.

(4)

Siting. Freestanding small wireless facilities may not be located within six hundred (600) feet of other vertical infrastructure. When located along a residential street frontage, the facility must be placed in front of a common lot line between adjoining residential properties, or on the corner formed by two (2) intersecting streets.

(5)

Support facilities. Support facilities shall be concealed within the pole, in existing above ground cabinets, or placed in a flush-to-grade underground equipment vault.

(Ord. 03 § 9, 4-15-2019)

(a)

Applicability. This section applies to small wireless facilities co-located with other uses, including but not limited to, streetlights and traffic signals.

(b)

Development standards.

(1)

Applicants are encouraged to locate small wireless facilities within an existing utility, traffic signal, or street light pole, or on replacement streetlight poles or traffic signals, provided the applicant is authorized by the owner of the existing pole to construct a new utility pole, traffic signal, or street light.

a.

Replacement of existing streetlights for facilities is encouraged before using traffic signals or erecting a tower or freestanding small wireless facility.

b.

Use of traffic signals for facilities is allowed provided the traffic signal can adequately support the facilities and the facilities can be placed in such a manner that the function of the signal will not be impaired.

(2)

Interference. No telecommunication facility may be located or maintained such that it disrupts or interferes with the use of any rights-of-way by the city, the general public, or other person authorized to use or be present upon the right-of-way. Interference includes any use 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.

(3)

Design standards. The facility must be incorporated into the pole or placed as an extension of the pole as opposed to attached to the outside of the pole. New poles, streetlights, and traffic signals shall be of a design adopted by the city that allows for the deployment of a wireless services and considers wireless providers' technological or engineering requirements.

(4)

Height. The facility shall not exceed thirty (30) feet in height in residentially zoned district or open space zoned district, or forty (40) feet in height in any commercially zoned district.

(5)

Support facilities. Support facilities shall be concealed within the pole, in existing above-ground cabinets, or placed in a flush-to-grade underground equipment vault or within approved design standard treatments adopted by the City.

(Ord. 03 § 10, 4-15-2019)

(a)

Applicability. This section applies to all telecommunications facilities that are located on roofs or exterior walls of building.

(b)

Development standards.

(1)

Height.

a.

Under no circumstance shall a facility located on the roof extend more than seven (7) feet above the roof line of the building, as measured from the top of the parapet.

b.

Wall-mounted facilities shall not extend above the roof line of the building if the roof is pitched, or above the height of existing facilities and equipment on the roof if the roof is flat.

(2)

Design standards.

a.

Each facility, including support facilities, shall be screened from public view, colored to match the building to which it is attached or architecturally integrated with the building to which it is mounted.

b.

Antennae and support facilities shall be mounted as flush as possible to the building, and in no case shall antenna extend more than two (2) feet above the building wall.

c.

Antennae, support structures, screening, and all accessory equipment shall not exceed a total of twenty-five percent (25%) of the total surface area of the roof per facility.

d.

In R-2.5, R-2.0, R-1.5, R-1.0, R-0.75, R-0.5 and R-0.25 Districts, roof-mounted or wall-mounted facilities shall be set back at least two hundred fifty (250) feet from the nearest single-family residential dwelling as measured by a straight-line from the proposed facility to the nearest single-family residential dwelling.

(3)

Support facilities. Support facilities shall be located inside the building or architecturally integrated to/with the building to the extent practicable, or grouped as closely together as technically possible, and not exceed four hundred (400) square feet of area per building-mounted facility.

(Ord. 03 § 11, 4-15-2019; Ord. 14, § 1, 2019)

(a)

Applicability. This section applies when an applicant requests an exception to development or design standards for freestanding small wireless facilities, pole-mounted small wireless facilities, or building-mounted telecommunications facilities.

(b)

City Council review.

(1)

If an application fails to meet development standards other than for siting for freestanding small wireless facilities (Section 16-23-60(b)(4)), an applicant may request that City Council grant an exception therefrom where an applicant can demonstrate that, from a technological or engineering standpoint, adhering to development standards and design guidelines will materially inhibit the provision of service.

(2)

If an application fails to meet siting requirements for free-standing wireless facilities set forth in Section 16-23-61(4), an applicant may request that City Council exempt an application from this requirement if the City Council finds that

a.

The application proposes to replace existing vertical infrastructure located within six hundred (600) feet of other vertical infrastructure;

b.

The applicant demonstrates through technical network documentation that the minimum separation requirement cannot be satisfied for technical reasons; or

c.

The City Council determines, when considering the surrounding topography; the nature of adjacent uses and nearby properties, and the height of existing structures in the vicinity, that placement of a freestanding small wireless facility at a distance less than six hundred (600) feet from other vertical infrastructure in the public right-of-way will meet the intent of reducing visibility and visual clutter of small wireless facilities.

(c)

Notice. Where a request for an exception to development standards in a residential neighborhood is made, notice of the meeting date and time shall be provided to households located within five hundred (500) feet on the same street as the proposed facility or all adjacent streets if the location is at an intersection.

(Ord. 03 § 12, 4-15-2019; Ord. 14, § 2, 2019)

(a)

Fees in the amount as those allowed under 4 U.S.C. Sec. 224, as amended, may be charged for locating telecommunication facilities and small wireless facilities on city-owned property within the city's rights-of-way.

(b)

A right-of-way permit is required prior to placing any approved facility in the city's right-of-way, or prior to performing work in the city's right-of-way for a facility on private property.

(c)

Application review fees must be paid before an application is considered complete. In addition to review fees, a deposit toward actual costs of consultant review may be required for applications requiring review outside the expertise of staff.

(d)

Once approved, it is the applicant's duty to maintain a copy of its permit.

(Ord. 03 § 12, 4-15-2019)

Editor's note— Ord. No. 03 § 12, adopted April 15, 2019, in effect, repealed § 16-23-70 and enacted a new § 16-23-70 as set out herein. Former § 16-23-70 pertained to right-of-way use fees and derived from Ord. No. 09, adopted June 19, 2017.

(a)

Requests for modifications to a previously approved existing telecommunications tower, pole-mounted facility, building-mounted facility, or support facility that does not substantially change the physical dimensions of such facilities involving: (i) collocation of new equipment, (ii) removal of equipment, or (iii) replacement of equipment, shall considered a use by right subject to administrative review.

(b)

The following modifications do not qualify as eligible facility requests and require review as for a new application:

(1)

For towers in the right-of-way, the modification increases the height 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 facilities, the modification increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater; or

(2)

The modification involves adding an appurtenance to the body of a tower that would protrude from the edge by more than twenty (20) feet, or more than the width of the structure at the level of the appurtenance, whichever is greater. For other facilities or support facilities, the modification involves adding an appurtenance that would protrude from the edge of the structure by more than six (6) feet; or

(3)

The modification for any eligible facility involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or

(4)

For freestanding small cell facilities or pole-mounted facilities in the rights-of- way, the modification involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure; or

(5)

Involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure; or

(6)

The modification entails any excavation or deployment outside the current site or impairs the concealment elements; or

(7)

The modification does not comply with conditions associated with the siting approval of the construction or modification of the structure or support facilities, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in paragraphs (i) through (vi) of this section; or

(8)

The modification does not comply with the generally applicable building, structural, electrical, and safety codes or with other laws codifying objective standards reasonably related to health and safety, or it does not comply with any relevant Federal requirements.

(c)

Review period. Within sixty (60) days of the date on which an applicant submits an application deemed complete by the Director and qualifying for approval under this section, the Director shall approve the application unless it determines that the application is not covered by this subsection. The sixty-day review period may be suspended only by mutual agreement of the city and the applicant.

(1)

To suspend the review period due to incompleteness, the city 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 review period begins running again when the applicant makes a supplemental written submission in response to the city's notice of incompleteness; and

(3)

Following a supplemental submission, the city 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 review period is suspended in the case of second or subsequent notices pursuant to the procedures identified in paragraph (1). In the case of a second or subsequent notice of incompleteness, the city may not specify missing information or documents that were not delineated in the original notice of incompleteness.

(4)

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

(5)

If the city determines that the applicant's request is not an eligible facilities request as delineated 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 city's decision that the application is not a covered request. To the extent such information is necessary, the city may request additional information from the applicant to evaluate the application under section 332(c)(7) reviews.

(Ord. 09, § 6, 6-19-2017)

(a)

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

(1)

Any permit or license issued by a local, state or federal agency with jurisdiction;

(2)

Easements, 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

(4)

Remain free from trash, debris, litter, 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 city or after discovery by the owner or operator of the site. Notwithstanding the foregoing, any graffiti on facilities located in the rights-of-way or on other city-owned property may be removed by the city at its discretion, and the owner and/or operator of the facility shall pay all costs of such removal within thirty (30) days after receipt of any invoice from the city.

(Ord. 09, § 6, 6-19-2017)

A telecommunications facility that is not operated for a continuous period of one hundred eighty (180) consecutive days shall be considered abandoned and the permit shall expire. The owner of any abandoned telecommunications facility shall remove the same within ninety (90) days of the date of abandonment.

(Ord. 09, § 6, 6-19-2017)

(a)

Any person, partnership, corporation, or other entity deeming itself aggrieved by a decision of the Director under this Division may appeal the decision to the City Council within thirty (30) days after issuance of the written decision.

(b)

The City Council shall hear the matter within sixty (60) days and determine whether the Director's decision was supported by the evidence presented to the Director, and then either affirm the decision, reverse the decision or affirm the decision with conditions. The ruling of the City Council shall be final, subject to judicial review.

(Ord. 09, § 6, 6-19-2017)

(a)

Intent. The intent of this Division is:

(1)

To allow the use of satellite dish antennae in the City subject to certain standards;

(2)

To protect the safety of the residents of and visitors to the City by regulating, to the extent allowable under federal law, the location of satellite dish antennae; and

(3)

To regulate the visual impact of satellite dish antennae in a nondiscriminatory manner, consistent with the City's regulation of other similar appurtenances.

(b)

Applicability. This Division shall apply to the location of satellite dish antennae anywhere in the City.

(Prior code 15.84.010; Ord. 32 §1, 2011)

Satellite dish antennae shall comply with the standards promulgated by the FCC regarding radio frequency emissions.

(Prior code 15.84.020; Ord. 32 §1, 2011)

(a)

A satellite dish antenna exceeding eighteen (18) inches in diameter shall:

(1)

Not exceed twelve (12) feet in diameter;

(2)

Be of a color compatible with the surrounding environment;

(3)

Comply with applicable accessory structure setbacks;

(4)

Comply with applicable accessory structure height limits;

(5)

Be screened from view;

(6)

Be located in the rear yard of a lot; and

(7)

Not be located within ten (10) feet of a public right-of-way.

(b)

A satellite dish antenna eighteen (18) inches in diameter or less shall:

(1)

Be of a color compatible with the building or structure to which it is attached;

(2)

Comply with the building height limit of the underlying zone district; and

(3)

Be located on the side wall of a building or structure, rather than on the roof.

(c)

Any of the standards set forth in this Section which have the effect of precluding reception of an acceptable quality video programming signal or unreasonably increasing the cost of installation, maintenance or use of a satellite dish antenna shall not be enforceable.

(Prior code 15.84.030; Ord. 32 §1, 2011)

No permit or fee shall be required for location of a satellite dish antenna in the City, unless the satellite dish antenna exceeds the maximum height permitted in the underlying zone district, in which case a height variance is required.

(Prior code 15.84.040; Ord. 32 §1, 2011)

No fines or other penalties for a violation of this Division shall accrue or be enforced while a related proceeding is pending before the FCC.

(Prior code 15.84.050; Ord. 32 §1, 2011)

(a)

Intent. The intent of this Division is:

(1)

To allow the use of fixed wireless antennae in the City subject to certain standards;

(2)

To protect the safety of the residents of and visitors to the City by regulating, to the extent allowable under federal law, the location and installation of fixed wireless antennae; and

(3)

To regulate the visual impact of fixed wireless antennae in a nondiscriminatory manner, consistent with the regulation of other similar appurtenances.

(b)

Applicability. This Division shall apply to the location of fixed wireless antennae anywhere in the City.

(Prior code 15.86.010; Ord. 32 §1, 2011)

Fixed wireless antennae shall comply with the standards promulgated by the FCC regarding radio frequency emissions and safe installation.

(Prior code 15.86.020; Ord. 32 §1, 2011)

(a)

A fixed wireless antenna installed on a building shall comply with the following design and installation standards:

(1)

The antenna shall not exceed the minimum height necessary to achieve an acceptable level signal. The antenna shall comply with the building height limit of the underlying zone district. If the antenna will extend more than twelve (12) feet in height above the roofline of the building on which it is installed, it shall be installed by professional personnel trained in the proper methods of installation of such antennae.

(2)

The mast or pole on which the antenna is mounted shall be colored to match the color of the building or roof to which it is attached, except if the mast or pole is installed higher than the roofline, then the mast or pole shall be painted a grey or white color.

(3)

The antenna shall be located on the side or rear of the building, rather than the front, unless the antenna is flush-mounted so that the antenna protrudes no more than twelve (12) inches out from the building wall.

(b)

A fixed wireless antenna installed on the ground shall comply with the following design and installation standards:

(1)

The antenna shall comply with the applicable accessory structure setbacks.

(2)

The antenna shall comply with the applicable accessory structure height limits.

(3)

The antenna shall not be located within ten (10) feet of a public right-of-way.

(4)

The antenna shall be located within the rear yard.

(5)

The mast or pole on which the antenna is mounted shall be of a color compatible with the surrounding environment.

(6)

The antenna shall be located so as to reduce the visual impact of the antenna on surrounding properties to the fullest extent possible.

(7)

The installation shall be performed by professional personnel trained in the proper methods of installation of such antennae. The mast or pole on which the antenna is mounted shall be installed in such a way as not to constitute a safety hazard.

(c)

Any of the standards set forth in this Section which has the effect of unreasonably delaying or preventing the use of a fixed wireless antenna, unreasonably increasing the cost of installing a fixed wireless antenna, or precluding a person from receiving or transmitting an acceptable quality signal from a fixed wireless antenna, and which is not a legitimate safety restriction, shall not be enforceable.

(Prior code 15.86.030; Ord. 32 §1, 2011)