(a)

Intent. It is the intent of the Town by establishing telecommunication standards to ensure the quality and appearance of such infrastructure including the placement and location of facilities; new construction of, and modification of existing, commercial and/or personal wireless service facilities that would ensure quality construction and compatible placement of facilities; and the appearance of new or improved developments coinciding with the Larkspur Comprehensive Plan, and this Title of this Code.

(b)

Plan required. A site plan shall be submitted to the Town Manager, their designee, or such other person as may be designated by the Town Council and contain the following information:

(1)

A site plan that shows the relative shape, size and location of all existing and proposed transmission structures, guy wires anchors, warning signs, fencing and access restrictions.

(2)

A report by a licensed professional engineer demonstrating compliance with applicable structural standards and the general structural capacity of the proposed facility.

(3)

The number, type and size of antenna that can be accommodated.

(4)

A report that includes the following, if applicable:

a.

A description of any proposed telecommunications facility including height above grade, materials and color.

b.

A landscaping and/or visual mitigation plan (to scale) acceptable to the Town Manager, their designee, or such other person as may be designated by the Town Council, detailing how screening from the public view will be accomplished, including cross sectional views, as appropriate.

c.

An erosion control and revegetation plan.

d.

Each permit application shall be accompanied at the time of filing by a fee as established by Town Council by resolution.

(c)

Denial. Any decision to deny an application requesting to place, construct or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record.

(d)

Definitions.

Accessory equipment for low-power telecommunications facility means equipment including buildings and cabinets, used to protect and enable radio switching equipment, backup power and other devices, but not including antennas that is necessary for the operation of a low-power telecommunications facility.

Antenna means a device used in communications which transmits or receives radio signals.

Antenna tower means a structure built for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including without limitation private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This includes guyed mast, lattice towers, monopole antennas, alternative antenna tower structures and towers taller than ten feet constructed on top of another building, along with any separate building on the lot used to house any supporting electronic equipment.

Base station means a structure or equipment, other than a tower, at a fixed location that enables Federal Communications Commission-licensed or authorized wireless communications between user equipment and a communications network. The term includes any equipment associated with wireless communications services, including radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure, other than a tower, to which any of the equipment described above is attached.

Building roof or wall mounted telecommunications facility means a low-power telecommunication facility where antennae are mounted either on the roof or face of a legally existing building other than a building or structure accessory to a telecommunications facility. Facilities within this category may include micro-cell or repeater facilities.

Co-location means locating wireless communications equipment from more than one provider on a single site.

Commercial mobile radio service (CMRS) facility, also known as, low-power telecommunication facility, means an unstaffed facility consisting of antennae, equipment and equipment storage shelters used for the reception, switching and/or transmission of wireless telecommunications including, but not limited to, paging, enhanced specialized mobile radio, personal communications services, cellular telephone and similar technologies. These facilities operate at 1,000 watts or less of effective radiated power and within frequencies authorized by the Federal Communications Commission for such purposes.

Eligible telecommunications facility request means any request for a land use approval for the modification of an existing tower or base station that involves the collocation of new transmission equipment, the removal of transmission equipment or the replacement of transmission equipment.

Equipment storage shelter means structure used for freestanding CMRS facilities or, where necessary, roof or building-mounted facilities to house CMRS equipment. These shelters are not intended for human habitation and typically range between 400 and 900 square feet.

Federal Communications Commission (FCC) means the federal agency responsible for licensing and regulating communication providers. The FCC has primary regulatory control over communications providers through its powers to control interstate commerce and to provide a comprehensive national system in accordance with the Federal Communications Act.

Freestanding telecommunication facility means a CMRS facility that consists of a stand-alone support structure, antennae, and any associated equipment storage shelter.

Lattice tower means a guyed or self-supporting three- or four-sided, open, steel frame structure used to support telecommunications equipment.

Micro-cell facility means a low-power telecommunications facility used to provide increased capacity in areas of high service demand or to improve coverage in areas of weak coverage.

Monopole means a structure composed of a single spire used to support telecommunications equipment.

Panel antenna means an antenna or array of antennas designed to concentrate a radio signal in a particular area.

Radio tower means a structure for sending and/or receiving an analog or digital communication signal over the air, excepting the standard "satellite dish" under 36-inch diameter.

Repeater telecommunications facility means a low-power facility (CMRS) that extends coverage to areas not covered by the originating primary facility.

Telecommunications infrastructure means the cables, switches, radio towers and other facilities and equipment that are required to make telecommunications work.

Tower means any structure built for the sole or primary purpose of supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including without limitation private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Whip antenna means an antenna that transmits signals in 360 degrees and are typically cylindrical in shape.

Wireless communications site means an installation containing the transmitters, receivers and control equipment necessary to connect the mobile telephone system and the conventional wireline telephone network.

(e)

Standards for all telecommunications facilities.

(1)

The standards in Section 16-19-10 apply to all applications of telecommunication facilities. The applicant shall demonstrate to the Town, in writing, it meets all applicable standards and provisions of the Code.

(2)

The Town encourages co-location of telecommunication facilities to minimize the number of telecommunication sites, however, does not encourage the co-location of a large amount of co-located towers in the same area.

a.

No telecommunications facility owner or operator shall unfairly exclude a telecommunication competitor from using the same facility or location. Upon request by the Town, the owner or operator shall provide evidence why co-location is not possible.

b.

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

(3)

Telecommunication facility owners or operators shall verify that the low- power telecommunication facility complies at all times with the current Federal Communications Commission standards for cumulative field measurements of radio frequency power densities, electromagnetic fields and regulations prohibiting localized interference with reception of television and radio broadcasts.

(4)

If the telecommunications facility ceases operating for six consecutive months, the facility owner or operator shall remove it within 90 days. If the facility is not removed in that time, the Town will notify the owner, by certified mail, to remove the facility or the Town will remove it at the owner's expense.

(5)

Any modifications to approved facilities shall be submitted to Town Manager, their designee, or such other person as may be designated by the Town Council at least 30 days prior to any modification to increase the wind or weight loading capacity, height or footprint of a tower, and the Town Manager, their designee, or such other person as may be designated by the Town Council may request copies of plans depicting such modification and other evidence necessary to demonstrate that such modifications are in compliance.

(6)

Telecommunication facilities, including small cell facilities, will comply with the following zone district use standards and land use application processes identified in the following zoning and land use table:

(f)

Standards for freestanding telecommunication facilities, excluding small cell facilities which are found in a subsequent subsection of this Chapter.

(1)

Except as provided for in this Section, a freestanding telecommunication facility shall meet the greater of the following minimum setbacks from all property lines:

a.

The setback for a principal building within the applicable zoning district;

b.

Twenty-five percent of the facility height, including antennas; or

c.

The facility height, including antennas, if the facility is in or adjacent to any residentially zoned areas. The Town shall consider a facility separated by a street or public right-of-way from a zoning district as adjacent to that zoning district.

(2)

Except as provided for in this Section, a freestanding telecommunication facility shall meet the following standards to minimize impacts:

a.

Use existing landforms, vegetation and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment.

b.

Comply with all applicable development standards inclusive of landscape regulations found in this Chapter.

c.

Accommodate co-location of facilities unless the Town approves an alternative design.

d.

Design materials, colors of antennas, and their support structures, shall be compatible with the surrounding environments, and monopole support structures shall be 30 inches at the base and tapered to the top, except in the industrial zone districts. Maximum lattice tower width shall be 36 inches except in the industrial zone districts. Maximum cross bar length shall be 15 feet, except in the industrial zone districts.

e.

No freestanding telecommunication facility over 40 feet in height shall be permitted unless approved as a special use in accordance with Section 16-7-30.

f.

Support infrastructure and equipment shall be located below grade, wherever possible.

(3)

Except as provided for in this Section, accessory equipment for a freestanding telecommunication facility shall meet the following requirements:

a.

The buildings, shelters, cabinets, and other components shall be grouped as closely as technically possible and located below grade wherever possible.

b.

The total footprint coverage area of the applicant's accessory equipment shall not exceed 350 square feet.

c.

No accessory structure shall exceed 15 feet in height.

d.

Design, materials, and colors of all structures shall be compatible with structures and vegetation on the same parcel and adjacent parcels and shall not reduce the parking requirement and landscaped area for other principal uses on the parcel.

(g)

Standards for small cell and repeater facilities. Small cell and repeater facilities must comply with all the standards for freestanding telecommunications facilities found above in addition to the following:

(1)

A small cell facility or repeater facility in a Town street, right-of-way or electrical utility easement shall be exempt from the minimum setback requirements and shall follow standards outlined in the master license agreement.

(2)

Each panel inclusive of antennas shall not exceed three cubic feet in volume.

(3)

The maximum diameter of a microwave dish antenna shall not exceed two feet.

(4)

Support infrastructure and equipment shall be located below grade, wherever possible.

(5)

A residential zoned parcel may only have one micro-cell telecommunications facility, small cell facility (SCF), or repeater telecommunication facility. A building with residential units on a nonresidential zoned parcel may have two micro-cell telecommunication facilities, SCFs, or repeater telecommunication facilities.

(6)

Heights.

a.

A SCF must:

1.

Be mounted on a structure that is 50 feet or less in height including any existing antennas; or

2.

Are mounted on structures that are no more than ten percent taller than other adjacent structures; or

3.

Do not extend the height of existing structures on which the SCF is to be located to a height of more than a total of 50 feet, or to a height of no more than ten percent of the original structure height, whichever is greater.

b.

Any transmission equipment placed on an existing tower shall not extend more than ten feet above such pole. Any SCF attached to an electric distribution alternative tower structure may be located at the minimum height necessary to provide the safety clearance required by the electric utility if applicable.

(7)

Noise. Noise generated on the site must not exceed the levels permitted by the Colorado Revised Statutes or the provisions of this Code. Any SCF owner or operator shall be permitted to exceed noise standards for a reasonable period of time during repairs subject to prior approval of the community development director.

(8)

Design, spacing and location standards.

a.

Priority of placement. SCF locations will be prioritized based upon technical and radio frequency needs and construction costs but, where feasible, attachments to poles shall be in the following order of placement priority:

1.

Third-party poles under the terms of a fully executed master license agreement with the owner of such poles;

2.

Town-owned poles, including street lighting poles and utility poles, in the right-of-way;

3.

New street lighting poles approved by the Town for street lighting purposes;

4.

Proprietary poles of the licensee;

5.

The Town's traffic signal poles.

b.

No stand-alone SCF shall block windows or any building entrances. To the extent feasible, poles shall be located at mid-blocks, away from intersections. All poles shall be located so as to ensure proper sight-distance lines.

c.

The pole design, if any, in the Town right-of way shall match the color, aesthetics, spacing, and architectural characteristics of existing streetlights installed adjacent to the pole.

d.

Banner arms and luminaries are prohibited. A waiver of this prohibition may be granted upon a showing that an alternative design is technically infeasible.

e.

SCFs and equipment shall not be installed within the dripline of any tree.

f.

Pole caissons shall be circular in nature and designed to minimize impact of adjacent and future utilities. All designs must be stamped and signed by a registered professional engineer in the State of Colorado.

g.

Spacing.

1.

No new freestanding SCF shall be within 1,000 feet of another freestanding SCF.

2.

The Town Manager, their designee, or such other person as may be designated by the Town Council may exempt an applicant from these separation requirements under the following conditions: (i) the applicant demonstrates through technical network documentation that the minimum separation requirement cannot be satisfied for technical reasons; or (ii) the Town Manager, their designee, or such other person as may be designated by the Town 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 SCF at a distance less than 600 feet from another SCF will meet the intent of reducing visibility and visual clutter of any SCF to the extent possible.

3.

These separation requirements do not apply to attachments made to existing alternative tower structures.

h.

Non-interference.

1.

The alternative tower structure shall comply all applicable federal and state laws and regulations.

2.

The alternative tower structure 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.

3.

No alternative tower structure 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 its 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.

4.

Concealment of all SCF equipment and appurtenances shall be required.

5.

Electric metering structures and/ or meters shall not be visible from the exterior of the pole or alternative tower structure which hosts the antennas where the pole or alternative tower structure is located. This requirement may be wholly or partially waived by the Town Manager, their designee, or such other person as may be designated by the Town Council where it is technically infeasible to place all, or part of a meter internally.

6.

Ground mounted equipment must be designed such that any ground mounted equipment must be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the Town Manager, their designee, or such other person as may be designated by the Town Council. Ground mounted equipment shall be flush-to-grade and housed in an underground equipment vault, except where technically infeasible. Ground-based equipment may be located within the rights-of-way on a case-by-case basis, accounting for impacts of such equipment within the right-of-way on the public health, safety, and welfare.

i.

Ground level equipment and buildings and the tower base shall be screened. The standards for equipment and buildings are as follows:

1.

The maximum floor area is 350 square feet, and the maximum height is 12 feet per carrier.

2.

Equipment mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof mounted antenna may also be located within the building on which the antenna is mounted, subject to generally accepted engineering practices. Equipment, buildings, antennas, and related equipment shall occupy no more than 25 percent of the total roof area of a building.

j.

Residential zones. Towers shall be set back from property lines a distance equal to 300 percent of tower height; provided, however, that a lesser setback may be permitted if the Town Manager, their designee, or such other person as may be designated by the Town Council determines that:

1.

There are unusual geographical limitations that justify the reduced setback;

2.

The setback is not less than a distance equal to 100 percent of tower height; and

3.

The tower is camouflaged or otherwise adapted to be compatible with the surrounding area.

k.

All other zones. In all zones that are not residential zones, towers shall comply with the minimum setback requirements of the area in which they are located, except that if property in such non-residential zone is adjacent to property in the residential zone, a tower shall be setback a distance of no less than 110 percent of the tower height from the property line abutting such residential property.

(9)

Abandonment. If a licensee ceases use of a SCF in the public right-of-way for a period of six or more consecutive months, the SCF is deemed abandoned and is subject to removal, at the licensee's expense, upon notification provided in the master license agreement.

(h)

Standards for building wall or roof mounted telecommunication facilities. Except as provided for in this Section, building wall or roof mounted telecommunications facilities must comply with the following:

(1)

A building wall mounted telecommunication facility may encroach into a setback a maximum of two and one-half feet but shall not extend over a property line.

(2)

A building roof mounted telecommunication facility, including antennas, shall not exceed the maximum structure height within the applicable zoning district, with the following exceptions for facilities on existing buildings exceeding or within five feet of the height limit.

a.

Whip antennas shall extend no more than ten feet above the parapet of any roof or the structure to which they are mounted.

b.

Panel antennas shall extend no more than five feet above the parapet of the roof to which they are mounted.

c.

Accessory equipment structures shall extend no more than five feet above any parapet of the roof to which they are mounted.

(3)

A building wall mounted telecommunication facility shall adhere to the following design standards to minimize impacts:

a.

Design materials, colors and location of the facility shall be compatible with the building and wall it is mounted on, and minimize adverse visual impacts.

b.

Mounting of antennas shall be as flush to the building wall as technically possible and shall not extend above the roof line of the building.

c.

Maximum area of panel antennas per building face shall not exceed 20 square feet per facility or an aggregate total of 60 square feet for all facilities.

(4)

A building roof mounted telecommunication facility shall adhere to the following design standards to minimize impacts:

a.

Design, materials, colors and location of the facility shall be compatible with the building it is mounted on, and minimize adverse visual impacts.

b.

Antennas, support structures, accessory equipment and all other roof-mounted appurtenances shall not exceed an aggregate total of 25 percent of the building roof area.

c.

Only one roof-mounted telecommunication facility support structure may extend more than ten feet above the existing building or structure.

(5)

The low-power telecommunication facility shall be mounted on a building wall if feasible, otherwise it may be mounted on the roof.

(6)

A residential zoned parcel or building with residential units may only have one building wall or roof-mounted telecommunication facility.

(7)

Accessory equipment for a building wall or roof-mounted telecommunication facility shall meet the following requirements:

a.

The buildings, shelters, cabinets, and other components shall be grouped as closely as technically possible.

b.

Total footprint coverage area of the applicant's accessory equipment shall not exceed 350 square feet.

c.

No structure shall exceed 15 feet in height.

d.

Design, materials and colors shall be compatible with structures and vegetation on the same parcel and adjacent parcels, and shall not reduce the parking requirements and landscaped area for other principal uses on the parcel.

(i)

Eligible telecommunications facility requests.

(1)

Applicability. This subsection applies to all eligible telecommunications facility requests for land use approvals.

(2)

Expedited review.

a.

An eligible telecommunications facility request shall be approved or denied within 60 days of the date of the request. This time period may be tolled only by mutual agreement or where an application is incomplete.

b.

If the Town fails to approve or deny an eligible telecommunications facility request within the time frame for review (accounting for any tolling), the request shall be deemed granted; provided that this automatic approval shall become effective only upon the Town's receipt of written notification from the applicant after the review period has expired (accounting for any tolling) indicating that the application has been deemed granted.

(3)

Application materials.

a.

An applicant for an eligible telecommunications facility request shall be required to submit only such documentation and information as is reasonably necessary to determine whether a proposed modification would substantially change the physical dimensions of an eligible tower or base station.

b.

The Town shall prepare, and from time to time revise, and make available an application form which shall be limited to the information necessary for the Town to consider whether an application would substantially change the physical dimensions of an eligible telecommunications facility request. Such information may include, without limitation, whether the project:

1.

Would result in a substantial change; and

2.

Violates a generally applicable law, regulation, 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 collocation.

c.

SCF applications outside the public right-of-way must be processed and completed within a reasonable time. A reasonable time is presumed to be 60 days for applications for collocation on pre-existing structures and 90 days for an application to place a SCF not on a pre-existing structure.

d.

SCF applications within the public right-of-way shall be processed through a master license agreement.

(4)

Incomplete applications.

a.

When an application is incomplete, the Town shall provide written notice to the applicant within 30 days, clearly and specifically identifying all missing documents or information.

b.

If an application remains incomplete after a supplemental submission, the Town has ten days to once again notify the applicant. Second or subsequent notices of incompleteness may not require the production of documents or information that was not requested in the original notice of incompleteness.

(5)

Review.

a.

Denial. A decision to deny an eligible telecommunications facility request shall be in writing and shall provide a description of reasons for the denial.

b.

Approval.

1.

Notwithstanding any other provision of this Code, the Town shall approve any eligible telecommunications facility request that does not substantially change the physical dimensions of a tower or base station.

2.

The Town may approve an eligible telecommunications facility request that substantially changes the physical dimensions of such tower or base station if it complies with the remainder of this Section.

3.

The Town may condition the approval of any eligible telecommunications facility request on compliance with generally applicable building, structural, electrical, and safety codes or with other laws codifying objective standards reasonably related to health and safety.

(6)

Substantial change.

a.

A substantial change in the height of an existing tower or base station occurs as follows:

1.

For a tower outside of a public right-of-way, when the height of the tower is increased by more than ten percent, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater.

2.

For a tower located in a public right-of-way or for a base station, when the height of the structure increases by more than ten percent or by more than ten feet, whichever is greater.

b.

Changes in height are measured as follows:

1.

When deployments are separated horizontally, changes in height shall be measured from the original support structure, not from the height of any existing telecommunications equipment.

2.

When deployments are separated vertically, changes in height shall be measured from the height of the tower or base station, including any appurtenances, as the tower or base station existed on February 22, 2012.

c.

A substantial change in the width of an existing tower or base station occurs as follows:

1.

For a tower outside of public rights-of-way, when the addition of an appurtenance to the body of the tower protrudes from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater.

2.

For a tower in public right-of-way or a base station, when the addition of an appurtenance to the body of the structure would protrude from the edge of the structure by more than six feet.

d.

A substantial change also occurs for an existing tower in a public right-of-way or an existing base station as follows:

1.

When the change involves the installation of any new equipment cabinets on the ground, if no ground cabinets presently exist; or

2.

When the change involves the installation of ground cabinets that are more than ten percent larger in height or overall volume than any existing ground cabinets.

e.

A substantial change also occurs for an existing tower or base station when any of the following exist:

1.

When the change involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four new cabinets, whichever is less.

2.

When the change entails any excavation or deployment outside the current site.

3.

When the change would defeat the concealment elements of the eligible support structure.

4.

When the change does not comply with conditions associated with the original siting approval of the construction or modification of the tower, base station or base station equipment. This limitation does not apply if the 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 this substantial change section.

(j)

Nonconforming uses and buildings.

(1)

All property within existing developments on the effective date of this Chapter which is not in compliance with the provisions of this Chapter shall be considered legal nonconforming.

(2)

Telecommunication facilities cannot be installed on nonconforming structures or buildings.

(Ord. No. 2021-05, § 1, 6-17-2021)