The purpose of this Chapter is to protect residential areas and lands by minimizing adverse impacts of antennas and towers; to encourage the location of antennas and towers in nonresidential zone districts; and to minimize the total number of antennas and towers in the community. In addition, these provisions are established to encourage the joint use of new and existing tower locations; to ensure that towers are located in areas that minimize adverse impacts; to ensure towers and antennas are configured in a way that minimizes adverse visual impacts by careful design, appropriate site, landscape screening, and innovative camouflaging techniques. Further, these provisions are established to enhance the ability to provide telecommunications services to the community quickly, effectively, and efficiently; to protect public health and safety; to avoid damage to adjacent properties from tower failure through careful engineering and locating of tower structures; to encourage the attachment of antennas to existing structures; and to facilitate the provision of telecommunications services throughout the City.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

These provisions shall apply to all towers, antennas, and telecommunication facilities, as defined, except: (1) any tower or antenna not more than 35 feet in height, and owned and operated by a federally-licensed amateur radio station operator or used exclusively as a receive-only facility and (2) City-owned SCADA instrumentation and communication facilities, including without limitation radios, antennas, towers, boosters, repeaters, data collectors and transmission facilities. Further, high tension electric transmission or distribution line support towers used as mounts for antennas not more than 12 feet in height above the highest point of said tower shall be permitted in all zoned districts and are exempt from the separation requirements contained in this Chapter, but shall meet the specific requirements for telecommunications facilities/telecommunications support facilities for towers contained herein. Towers, antennas, and telecommunication facilities shall be regulated and permitted pursuant to the provisions of this Section and shall not be considered utilities. This Chapter aligns the review and approval process for these facilities with the FCC and any other agency of the federal government with the authority to regulate these facilities.

(Ord. No. 2626, § 3(exh. A), 5-16-2023; Ord. No. 2677, §§ 1(Exh. A), 5, 12-17-2024)

(A)

Application. Each application for a tower shall include all of the information listed on Appendix One for "Eligible Telecommunication Facility." Upon the request of the City or their designees, the telecommunications provider shall meet with and provide the requesting official information concerning the proposed system design, which information shall not be reduced to writing and shall be treated as a confidential trade secret.

(B)

Review Procedure. The review procedure for all applications for locating or relocating towers and/or antennas shall be as provided in Sections 11-4-2 and 11-7-6 of this Title. Review must be completed within the federally-mandated deadlines provided in Section 11-14-4.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

In compliance with federal law and regulations, the City shall review and act upon all applications within the following time periods:

(1)

Within 30 days the City will give written notice of incompleteness, specifying the code section that requires the information. This halts the remaining deadlines until a complete application is filed.

(2)

Within 60 days the City will act on applications that are not a "substantial change" (an Eligible Telecommunications Facilities Request).

(3)

Within 90 days the City will act on collocation applications that are not a substantial change in the size of a tower, or location or collocation applications for a small cell facility or small cell network, or replacement or modification of the same.

(4)

Within 150 days the City will act on applications for new facilities, collocation applications that are a substantial increase in the size of the tower or substantial increase an existing facility that are not a small cell facility or small cell network.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

Towers are allowed only as conditional uses in all zones. The existence of another structure or use on the same zone lot shall not preclude the installation of a tower subject to the separation requirements contained hereinbelow. A request to locate a tower or telecommunication facility is subject to the provisions of this Chapter and may be granted only when the goals contained in Section 11-14-1 are met or the following conditions as will advance those goals:

(1)

Moving the location of the tower to a more appropriate available site;

(2)

Using a different technology that will lessen the impact of the tower;

(3)

Requiring an appropriate alternative tower structure;

(4)

Other actions designed to disguise or otherwise lessen the impact of the tower.

(B)

To comply with the general requirements, towers shall:

(1)

Comply with the provisions contained herein and the zone district regulations for permitted structures in the zone district in which it is located. The dimensions of the entire zone lot shall apply and not the dimensions of the leased parcel.

(2)

Have a diameter of not more than 48 inches measured at the base of the tower.

(C)

Any tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such tower shall remove the same within 90 days of the issue date of the notice to remove the tower or antenna.

(D)

Towers shall meet all of the following criteria:

(1)

Setbacks. The minimum zone district setback requirements shall apply to all towers.

(2)

Height. The height and bulk of the tower shall be controlled by the district regulations of the zone district in which the tower is located, but in no case shall it exceed the following maximum height:

(a)

Single users, not more than 75 feet in height.

(b)

Two or more users, not more than 90 feet in height.

(3)

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

(4)

Support Facilities. Support facilities associated with towers shall:

(a)

Not contain more than 350 square feet of gross floor area or be more than 12 feet in height per user;

(b)

Maintain the minimum setback and bulk plane requirements of the zone district in which it is located;

(c)

Provide solid view-obscuring security fencing not less than six feet in height;

(d)

Provide landscaping in accordance with the following requirements:

(i)

The tower compound shall be landscaped with a buffer of plant materials that effectively screens the view of the tower base and compound from property used for residences. The standard buffer shall consist of a landscaped strip at least five feet wide outside the perimeter of the compound and shall provide for and maintain approved landscaping on the remainder of the zone lot;

(ii)

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived in accordance with variance procedures set forth in Section 11-7-13 of this Title.

(iii)

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. Towers located on large, wooded lots, natural growth around the property perimeter may be considered a sufficient buffer.

(5)

Lighting. Towers shall not be artificially illuminated unless required by the FAA or other government regulation. Ground level security lighting not more than 20 feet in height may be permitted if designed to minimize impacts on adjacent properties;

(6)

Separation Requirements. The following separation requirements shall apply to all towers.

(a)

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 14.1 of this Chapter, except as otherwise provided in Table 14.1.

(b)

Separation distances between towers shall be maintained and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the base of the proposed tower, pursuant to a site plan of the proposed tower. The minimum separation distances shall be as provided in Table 14.2 of this Chapter.

Table 14.1
Tower Separation Requirements from Certain Uses and Zones

Table 14.2
Minimum Separation Between Towers (in feet)

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

Antennas are allowed only as conditional uses in all zones. A request to locate an antenna or telecommunication facility is subject to the provisions of this Chapter and may be granted only when the goals contained in Section 11-14-1 are met or the following conditions as will advance those goals:

(1)

Moving the location of the antenna to a more appropriate available site;

(2)

Using a different technology that will lessen the impact of the antenna;

(B)

Antennas which are not attached to a tower and their associated telecommunications support facilities:

(1)

May be located on any nonresidential structure or multiple-unit dwelling structure, containing eight or more dwelling units, that is at least 35 feet in height.

(2)

Are considered a permitted use and the existence of another structure or use on the same zone lot shall not preclude the installation of an antenna.

(C)

Any antenna that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna shall remove the same within 90 days of the issue date of the notice to remove the antenna.

(D)

Antennas installed on a structure other than a tower shall meet the following criteria:

Height and bulk plane. Height and bulk of the antenna shall be controlled by the district regulations of the zone district in which it is located, except that antennas shall not extend more than 12 feet beyond the highest point of the building or structure to which it is attached.

(E)

Support Facilities. Telecommunications support facilities shall meet all of the following criteria:

(1)

Telecommunications support facilities may be located on the roof of a building.

(2)

The antenna and telecommunications support facilities shall be a neutral color that is identical to, or closely compatible with, the color of the supporting structure, subject to FAA regulations.

(3)

The telecommunications support facilities shall not contain more than 350 square feet of gross floor area or be more than 12 feet in height per user.

(4)

If the telecommunications support facilities are located at grade, they shall comply with all the same requirements as those for towers in the specific requirements contained in Section 11-14-5(D)(4).

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

Applicable Requirements. Small cell facilities and small cell networks shall comply in all respects with the requirements of this Chapter, with the exception of design requirements, and shall comply with applicable provisions of this Title, with the specific exception of setback requirements in Section 11-7-7 of this Title.

(B)

Location. Small cell facilities are permitted in City rights-of-way, upon facilities in these rights-of-way and on public easements owned by the City under the following priority:

(1)

First, on a City-owned utility pole, which shall be removed and replaced with a pole designed to contain all antennae and equipment within the pole to conceal any ground-based support equipment and ownership of which pole is conveyed to the City.

(2)

Second, a City-owned utility pole with attachment of the small cell facilities in a configuration approved by the City.

(3)

Third, on a third-party owned utility pole, (with the consent of the owner thereof), with attachment of the small cell facilities in a configuration approved by the City.

(4)

Fourth, on a traffic signal pole or mast arm in a configuration approved by the City, or in the case of a CDOT facility, by CDOT.

(5)

Fifth, on a freestanding or ground-mounted facility which meets stealth requirements in a location and configuration approved by the City.

(6)

The proposed location and pole type shall be justified in permit application.

(C)

Height. All small cell facilities shall not exceed two feet above the light pole, traffic signal or other facility or structure to which they are attached, or the maximum height in the relevant zone district, whichever is less.

(D)

Spacing and Placement. No small cell facility shall be located within 1,000 feet of any other such facility. Small cell facilities shall be located on common property lines, as extended into the public right-of-way.

(E)

Design. Small cell facilities shall be designed to blend with and be camouflaged in relation to the structure upon which they are located (e.g.: painted to match the structure).

(F)

Permitting. Small cell facilities and networks shall make application for a permit for work in the right-of-way. Small cell facilities and networks shall make application for location on private property through the building permit process. The City may accept applications for a small cell network, provided each small cell facility shall be separately reviewed.

(G)

Indemnification. The operator of a small cell facility which is permitted to locate on a City-owned utility pole, traffic signal or other structure owned by the city shall, as a condition of permit approval, indemnify the city from and against all liability and claims arising as a result of that attachment, including repair and replacement of damaged poles and equipment, in a form approved by the city attorney.

(H)

Bonding. All permits for location of small cell facilities on real property not owned by the small cell permittee shall include as a condition of approval a bond, in form approved by the city attorney, to guarantee payment for any damages to the real property and removal of the facility upon its abandonment.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

(A)

Design. The design of antennas, and telecommunications support facilities shall use materials, colors, textures, screening, and landscaping that create compatibility with the natural setting and surrounding structures.

(B)

Mass. The mass of antennas or an antenna on a tower shall not exceed 450 cubic feet per user, with no one dimension exceeding 14 feet per user. The mass shall be determined by the appropriate volumetric calculations using the smallest regular rectilinear, cuboidal, conical, cylindrical or pyramidal geometric shapes encompassing the entire perimeters of the array.

(C)

Signs. Signs related to the tower/antenna shall be limited to those signs required for cautionary or advisory purposes only.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

Antennas may be attached to an existing tower, which is in compliance with all the requirements herein, as long as the height of the tower is not increased. The new antenna and any telecommunications support facilities must comply with all application regulations herein. A tower may be modified or constructed to accommodate the collocation of additional antennas under all of the following conditions:

(1)

The tower shall be the same type as the existing tower, unless the tower is replaced by a monopole not more than 48 inches in diameter;

(2)

An existing tower, to accommodate the collocation of an additional antenna, may be modified or rebuilt only once to a taller height, not to exceed 30 feet more than the towers existing height;

(3)

The additional height referred to in Subsection (2) of this Section shall not require an additional distance separation as set forth in Table 14.2 of this Chapter. The tower's pre-modification height shall be used to calculate distance separations;

(4)

The existing tower shall comply with the separations from certain uses and zones in Table 14.1 of this Chapter;

(5)

If a tower is replaced to accommodate collocation, only one tower may remain on the zoned lot;

(6)

If a tower is relocated on-site in compliance with all setback requirements, and within a 25 feet radius of its existing location, under the terms and conditions of this Section, it shall not be deemed a violation of the separation requirements of this Section.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)

The City may share information, except for the confidential proposed system design, with other applicants applying for approval or use exceptions or other organizations seeking to locate towers or antennas in the City, except that the City is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(Ord. No. 2626, § 3(exh. A), 5-16-2023)