A. Facilitate the provision of wireless telecommunication services to the residents and businesses of the City;

B. Minimize adverse visual effects of towers through careful design and siting standards;

C. Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. (Ord. 01-04 (part), 2001)

“Antenna” means a transmitting or receiving device used in telecommunications that radiates or captures radio frequency radiation or signals.

“Lattice tower” means a self-supporting trellis structure.

“Lattice tower with antennas or antenna support structures” means a self-supporting trellis structure on which antenna or antennas are attached. Regulations for antenna height and width of antenna support structures is the same as that for monopoles.

“Low power radio services facility” means an unmanned structure that consists of equipment used primarily for the transmission, reception or transfer of voice or data through radio wave or wireless transmissions. Such structures typically require the construction of transmission support structure to which antenna equipment is attached.

“Monopole” means a single self-supporting cylindrical metal or wooden pole type structure.

“Monopole with antennas and antenna support structure greater than two feet in width” means a self-supporting, single pole tower on which antennas or antenna support structures exceeding four feet in width are placed. The antennas and antenna support structures may not exceed fifteen feet in width or eight feet in height. Antennas of greater height may be approved by the City Council to facilitate co-location.

“Monopole with antennas and antenna support structure less than two feet in width” means a self-supporting monopole tower to which antennae or antenna support structures not exceeding four feet in width are placed. Antennas and antenna support structures may not exceed fifteen feet in height. Antennas of greater height may be approved by the City Council to facilitate co-location.

“Roof mounted antenna” means an antenna or antennas mounted on a roof, mechanical room or penthouse of a building.

“Wall mounted antenna” means an antenna or antennas mounted against the vertical wall of a building.

“Whip antenna” means an antenna that is cylindrical in shape. Whip antennas can be directional or omni-directional and vary in size depending upon the frequency for which they are designed.

“Guyed tower” means a structure using cables or wire as an integral or essential part of the tower support design. (Ord. 01-04 (part), 2001)

A. A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment for the proposed tower cannot be accommodated on existing or approved tower or building within the City or within Grand County due to one or more of the following reasons:

B. Any proposed commercial wireless telecommunication service tower shall be designed, structurally and electronically, and in all respects to accommodate both the applicant’s antennas and comparable antennas for at least two additional users if the tower is over sixty feet in height. (Ord. 01-04 (part), 2001)

A. A conditional use permit issued under the procedures and subject to the criteria of this chapter is required for the construction, erection or placement of all wireless telecommunications towers within the jurisdiction of the City.

B. Wireless telecommunications facilities shall only be allowed, pursuant to the terms of a conditional use permit, in areas zoned I-1, C-4 or on city, county or school district owned property located in areas found to be aesthetically appropriate and suitable by the Public Works Director and Zoning Administrator, and approved by the Planning Commission and City Council.

C. Application Materials. An applicant for a conditional use permit shall submit the completed application form with the applicable fee as determined by resolution. The following requirements shall be included with the application:

D. Review Procedure. The application shall first be reviewed by the planning office for completeness and comments, and then submitted to the Planning Commission at their next regularly scheduled meeting, provided all materials are submitted no later than ten days prior to the hearing. The Planning Commission shall review the application and may recommend approval, rejection or approval subject to conditions. Following review by the Planning Commission, the application shall be forwarded to the City Council. The Council may approve, reject, or approve the application subject to conditions.

E. Notice of Decision. The planning office shall within ten days of the final action by the City Council provide the applicant a written notice of decision which shall be based upon the application materials and other materials or evidence provided on the record before the Planning Commission and the City Council. (Ord. 01-04 (part), 2001)

A. All applications shall be reviewed based upon the following criteria:

A. Low power radio services facilities are characterized by the type or location of the antenna structure. There are five general types of such antenna structures: Wall mounted antennas; roof mounted antennas; monopoles with antennas and antenna support structure less than two feet in width; monopoles with antennas and antenna support structures greater than two feet in width; and lattice towers with antennas and antenna support structures. Standards for the installation of each type of antenna are as follows:

A. The maximum height of monopoles or lattice towers shall not exceed one hundred feet;

B. The tower shall not be in excess of a height equal to the distance from the base of antenna and tower to the nearest overhead electrical power line, less five feet;

C. The City reserves the right to limit height of proposed tower and antennas as necessary to ensure compatibility with surrounding structures or terrain. (Ord. 01-04 (part), 2001)

A. All monopole and lattice towers, antenna or antenna support structures where lighting is not required by the Federal Aviation Administration (FAA) or Federal Communications Commission (FCC), lighting is prohibited.

B. Obstruction lighting required by the FAA or FCC shall not exceed the minimum requirements of those agencies.

C. Medium intensity flashing white obstruction lights shall be used during daylight hours and steady-burning red obstruction lights shall be used at night, unless otherwise required by the FAA or FCC.

D. All other lighting used on the property not regulated by the FAA or FCC shall conform to existing city codes governing such lighting. (Ord. 01-04 (part), 2001)

A. Where an existing telecommunication structure or facility has been permitted under this ordinance the replacement of co-location of new antenna or antennas may be approved by the planning office, subject to:

B. Where an existing telecommunication structure or facility has not been permitted under this chapter but is a legally recognized, non-conforming structure or facility, replacement or co-location of antenna or antennas may be approved by the planning office subject to the following criteria:

A. Monopoles or lattice towers with antennas and antenna support structure shall be allowed only in the rear yard area of any building or structure and shall not be located in any required landscaped area, buffer area or required parking area.

B. No monopole or lattice tower shall be located closer than two hundred feet of any residence or residential zone. The City Council may reduce the required setback from a residential zone if practical difficulties are demonstrated by the applicant or upon detailed demonstration by the applicant that the proposed facility can be effectively screened from the view of nearby residences, provided that no pole may be permitted closer than one and one half lines the height of the pole to any property line.

C. No communication facility shall encroach upon or block vehicular or pedestrian access at any time.

D. Climbing pegs or access ladders shall be removed from the lower twenty feet regardless of location.

E. Antennas shall be mounted with such standards that the structure can easily withstand wind force up to eighty miles per hour.

F. No monopole or lattice tower shall be constructed within two hundred feet of State Highway 191 right of way. (Ord. 01-04 (part), 2001)

A. Accessory buildings constructed or moved on to support antenna structures must comply with the required setback, height and landscaping requirements of the zoning district in which they are located.

B. Monopoles shall be fenced with a six foot vinyl coated chain-link fence or other appropriate screening fence as approved or required by the Planning Commission.

C. All power lines on the lot leading to the accessory building(s) and antenna structure shall be buried. (Ord. 01-04 (part), 2001)

A. They shall require each low power radio services antenna to be immediately removed from the building or premise, at the permittee’s expense, when such an antenna has been:

B. Notice shall be delivered in writing to the permittee, the owner of the structure or property, or the person having control of the site. A reasonable extension of time may be granted upon proof to the City Council of good cause. (Ord. 01-04 (part), 2001)

A. Failure to comply with any of the requirements of this section, the terms of the conditional use permit, any false, misleading, and/or materially erroneous statement contained in any application, or any violation of applicable ordinance of this City, or any state or federal law or regulation, constitutes grounds to revoke the business license and conditional use permit of the facility.

B. The City shall provide written notice and an opportunity to cure any violation prior to revocation. Any permittee objecting to revocation may request a hearing before the City Council prior to final action, which request must be submitted in writing no later than ten days from the notice of violation.

C. No person shall construct, alter, operate, or improve any facility subject to this chapter following revocation of permits required herein. Persons violating the provisions of this chapter are subject to a civil action to enjoin or abate the violation. In any such action proof of a violation shall be deemed sufficient to obtain injunctive relief. In any civil action the violator shall be subject to civil penalties of not less than one thousand dollars per violation, together with liability for the City’s reasonable attorney fees and court costs.

D. The grant or approval of a business license or conditional use permit shall not confer any vested rights where such license or permit is issued, either wholly or in part, as a result of any erroneous, false or fraudulent statement in application materials, or the permit is issued in violation of any provision of this chapter or this code. The City Council may cancel or revoke a conditional use permit or business license issued erroneously or in violation of law, upon reasonable notice to the applicant. (Ord. 01-04 (part), 2001)