(a)

Purpose. The purpose of this Article is to establish the zone districts and zone district overlays that regulate the type and intensity of land uses within the Town.

(b)

Division of Town into Zone Districts. The Town is hereby divided into the minimum number of zone districts necessary to achieve compatibility of uses and character within each zone district, to implement the Comprehensive Plan and to achieve the purposes of this Land Use and Development Code.

(c)

Zone Districts Established. The following zone districts are hereby established:

(Ord. 4-1998 §1; Ord. 11-1999 §3; Ord. 2-2022 §2(Exh. A))

(a)

Map Established. The location and boundaries of the zone districts within the Town are shown on the map entitled "The Town of Snowmass Village Official Zone District Map." The Official Zone District Map, with all notations, references and other information shown thereon, is hereby incorporated within this Development Code by reference, as if it were set forth here in full. The Official Zone District Map shall be identified by the date of its adoption or amendment, which shall be shown thereon.

(b)

Location. Regardless of the existence of purported copies of maps depicting zone district boundaries, the Official Zone District Map shall be located in the Community Development Department, shall be available for inspection during normal business hours and shall be the final authority as to the current zoning designations of land, buildings and other structures in the Town.

(c)

Amendment. If a change is made in zone district boundaries or other matters portrayed on the Official Zone District Map, pursuant to Section 16A-5-220, Amendments to the Official Zone District Map, such change shall be entered on the map by the Planning Director promptly following its adoption. A note shall be entered on the map indicating the date the map was amended.

(Ord. 4-1998 §1; Ord. 2-2022 §2(Exh. A))

When, due to the scale, lack of detail or illegibility of the Official Zone District Map, there is any uncertainty, contradiction or conflict as to the intended location of any zoning district boundary as shown thereon, the Planning Director shall be authorized to interpret such map, upon request of any person. The Planning Director shall follow the procedures of Section 16A-1-70, Interpretations, and shall use the rules contained in this Section in determining the precise location of zone district boundaries. Any person aggrieved by any such interpretation may appeal to the Town Council, pursuant to Section 16A-5-80, Appeals.

(1)

Boundaries follow municipal limits. Zone district boundary lines shown as following or approximately following municipal limits shall be construed as following such limits.

(2)

Boundaries follow streams or rivers. Zone district boundary lines shown as following or approximately following the centerline of streams, rivers or other continuously flowing watercourses shall be construed as following the channel of such watercourse. In the event of a natural change in the location of such stream, river or other watercourse, the zone district boundary shall be construed as moving with the channel. In any instance where the channel moves beyond the Town limits, the zone district boundary shall remain coterminous with the Town limits.

(3)

Boundaries follow section lines, platted lot lines or right-of-way center lines. Zone district boundary lines shown as following or approximately following section lines or platted lot lines shall be construed as following such lines. Zone district boundary lines shown as following or approximately following a road, alley or other right-of way shall be construed to lie on the centerline of such right-of-way. Where a zone district boundary coincides with a right-of-way that is subsequently vacated, the zoning districts adjoining each side of such vacation shall automatically be extended to the centerline of the former right-of-way.

(4)

Land not designated in any zone district. Land that is not part of a public right-of-way and that is not designated on the Official Zone District Map as being in any zone district shall be considered to be included in the adjacent zone district that is the most restrictive with regard to minimum lot area standards, even when such zone district is separated from the land in question by a public right-of-way.

(Ord. 4-1998 §1)

This Section specifies the purpose and intent of the zone districts established by this Land Use and Development Code. The zone districts have been organized into five (5) classifications, these being: (1) single-family residential zone districts; (2) duplex and multi-family residential zone districts; (3) mixed use and commercial zone districts; (4) public, open space and conservation zone districts; and (5) specially planned area and planned unit development zone districts.

(1)

Single-family residential zone districts.

a.

Single-Family Residential (SF-4 and SF-6). The intent of the Single-Family Residential (SF-4 and SF-6) zone districts is to provide areas for smaller lots within the Town. The Town, as a resort community, has a high cost of living and property values that are generally not affordable to a considerable number of employees and permanent residents of the Town. These residents are vital to the success of the Town's economy. Therefore, it is necessary to encourage innovative design and to ensure smaller lots that may be affordable to at least a portion of these residents.

b.

Single-Family Residential (SF-15). The intent of the Single-Family Residential (SF-15) zone district is to provide areas consisting of a range of small to medium size residential lots within the Town. Further, it is the intent of this district to permit a range of uses, either allowed or by special review, necessary to produce a viable residential neighborhood.

c.

Single-Family Residential (SF-30). The intent of the Single-Family Residential (SF-30) zone district is to provide areas consisting of a range of medium to large residential lots within the Town. Further, it is the intent of this district to allow a range of compatible uses, either allowed or by special review, necessary to produce a viable residential neighborhood.

d.

Single-Family Residential (SF-150). The intent of the Single-Family Residential (SF-150) zone district is to provide areas consisting of relatively larger residential lots within the Town. Further, it is the intent of this district to allow a range of compatible uses, either allowed or by special review, necessary to produce a viable residential neighborhood.

e.

Estate Residential (EST). The intent of the Estate Residential (EST) zone district is to provide areas for very low density residential development within the Town. Residential development in this zone district shall be grouped within no more than two (2) development activity envelopes (a primary envelope for the residence and a guest house, if approved, and a secondary envelope for any accessory uses) so that sensitive lands and open space can be preserved in large, contiguous tracts. The area that may be contained within the primary and secondary envelopes shall not exceed a total of two (2) acres.

(2)

Duplex and multi-family residential zone districts.

a.

Duplex Residential (DU). The intent of the Duplex Residential (DU) zone district is to provide areas of sufficient lot size to accommodate two-family dwelling units (duplexes) within the Town. Further, it is the intent of this district to allow a range of compatible uses, either allowed or by special review, necessary to produce a viable residential neighborhood.

b.

Multi-Family (MF). The intent of the Multi-Family (MF) zone district is to allow for the development of a range of higher density residential uses and appropriate accessory uses. Therefore, it is the intent of this zone district to designate the type and intensity of use and other parameters which are generally appropriate for a particular land area.

c.

Multi-Family PUD (MF/PUD). The intent of the Multi-Family PUD (MF/PUD) zone district is to allow, through the planned unit development review process, for the development of a range of higher density residential uses and appropriate accessory uses, when said accessory uses are consistent with the objectives of the planned unit development. This zone district may not be utilized as the basis for a rezoning and exists only as described on the Official Zoning Map dated August 2, 1999 and as stated in the land use plan of an existing approved PUD.

(3)

Mixed use and commercial zone districts.

a.

Mixed Use (MU). The intent of the Mixed Use (MU) zone district is to provide areas within the Town consisting of medium to high density residential uses and/or tourist-oriented accommodations, together with a variety of compatible commercial and recreational activities. Commercial uses permitted in the Mixed Use (MU) zone district shall be no greater in scale than is sufficient to serve only the Snowmass Village community and its tourists. This zone district may not be utilized as the basis for a rezoning and exists only as described on the Official Zoning Map dated August 2, 1999 and as stated in the land use plan of an existing approved PUD.

b.

Mixed Use (MU-1). The intent of the Mixed Use (MU-1) zone district is to provide visitor services, community and visitor low-impact recreation and open space. Limited permanent residential uses may be included, if deemed appropriate to the site and compatible with the character of the surrounding area.

c.

Mixed Use (MU-2). The intent of the Mixed Use (MU-2) zone district is to provide visitor services and accommodations, recreation, office, community and visitor serving commercial and permanent resident housing, as appropriate to the site and compatible with the character of the surrounding area.

d.

Mixed Use PUD (MU/PUD). The intent of the Mixed Use PUD (MU/PUD) zone district is to provide areas within the Town consisting of medium to high density residential uses and/or tourist-oriented accommodations, together with a variety of compatible commercial and recreational activities. Commercial uses permitted in the Mixed Use PUD (MU/PUD) zone district shall be no greater in scale than is sufficient to serve only the adjacent neighborhood. This zone district may not be utilized as the basis for a rezoning and exists only as described on the Official Zoning Map dated August 2, 1999 and as stated in the land use plan of an existing approved PUD.

e.

Community Commercial (CC). The intent of the Community Commercial (CC) zone district is to provide areas primarily oriented toward the provision of general commercial, retail and service uses on a scale that is sufficient to serve the entire community. In addition, medium to high density residential dwellings and/or tourist-oriented accommodations which, if determined compatible with the primary commercial uses, may be appropriate.

f.

Community Commercial PUD (CC/PUD). The intent of the Community Commercial PUD (CC/PUD) zone district is to provide areas primarily oriented toward the provision of general commercial, retail and service uses on a scale that is sufficient to serve the entire community. In addition, medium to high density residential dwellings and/or tourist-oriented accommodations which, if determined compatible with the primary commercial uses, may be appropriate. This zone district may not be utilized as the basis for a rezoning and exists only as described on the Official Zoning Map dated August 2, 1999 and as stated in the land use plan of an existing approved PUD.

(4)

Public, open space and conservation zone districts.

a.

Public Use (PUB). The intent of the Public Use (PUB) zone district is to provide areas for uses required by, and for the benefit of, the public, or to be reserved for future community facilities.

b.

Conservation (CON). The intent of the Conservation (CON) zone district is to provide areas within the Town which will enhance recreational opportunities and conserve the natural resources within the Town.

c.

Open Space (OS). The intent of the Open Space (OS) zone district is to ensure that areas not appropriate for development or recreation use are preserved in their natural state.

d.

Recreation (REC). The intent of the Recreation (REC) zone district is to regulate recreational facilities, activities and uses within appropriate areas of the Town, including those mixtures of uses related to a ski/snowboard area and operation, for the benefit of the public and to ensure that areas not appropriate for development are preserved in a recreational or natural state.

(5)

Specially planned area and planned unit development zone districts.

a.

Specially Planned Area (SPA-1 and SPA-2). There are areas within the Town where development existed prior to incorporation of the Town and the establishment of municipal zoning. It is the purpose of the Specially Planned Area (SPA-1 and SPA-2) zone districts to establish standards that are applicable to existing development within said areas. Governmental Specially Planned Areas were established for the Fire Department and the Water and Sanitation District. Except as may be permitted pursuant to Section 16A-5-250(a)(10), Interim SPA (SPA-1 and SPA-2) Authorization, this is done by requiring the approval of a plan that establishes approved densities, uses, required parking and other development limitations for all or any portion of a property so designated. This plan shall be submitted and reviewed pursuant to the procedures and standards of Article V, Division 3, Planned Unit Development, and shall constitute the zoning and development regulations for said area or building.

b.

Planned Unit Development (PUD). There are previously developed areas within the Town, or areas being annexed to the Town, where development plans were approved subject to a set of development review standards different than those utilized by the Town. One (1) purpose of the Planned Unit Development (PUD) zone district is to allow these areas to remain subject to the development parameters previously approved by the Town or County, which shall constitute the PUD plan for the property. There are also vacant lands and lands that are proposed for redevelopment within the Town. Another purpose of the PUD zone district is to provide the flexibility for owners of these lands to creatively plan for the overall development of their properties so that those community purposes specified in Section 16A-5-300(c)(6), Community Purposes for PUDs, can be achieved. Any development proposed for a property designated PUD shall be submitted and reviewed pursuant to Article V, Division 3, Planned Unit Development. The PUD plan shall constitute the zone district limitations and development regulations for said area or building. This zone district may not be utilized as the basis for a rezoning and exists only as described on the Official Zoning Map dated August 2, 1999 and as stated in the land use plan of an existing approved PUD.

(6)

Comprehensively Planned Areas (CPAs) are not zone districts and instead are described in the Town's adopted Comprehensive Plan, as such Plan may from time to time be amended, and include the following:

a.

Town Park/Entryway CPA;

b.

Faraway Ranch North/Snowmass Center CPA; and

c.

West Village CPA (includes the Mall).

(Ord. 4-1998 §1; Ord. 13-1998 §1; Ord. 1-1999 §1; Ord. 10-1999 §1; Ord. 11-1999 §3; Ord. 32-2004 §A-2; Ord. 2-2022, §2(Exh. A))

(a)

Table and Symbols. Table 3-1, Schedule of Uses, categorizes the uses that are applicable to the Town's zone districts. The table utilizes the following symbols:

(1)

Allowed uses. "A" indicates uses that are allowed. Before an allowed use may be established, the Planning Director shall verify, as part of an application for a building permit, that development of the allowed use complies with all applicable provisions of this Land Use and Development Code.

(2)

Special review uses. "S" indicates uses that are allowed, subject to special review. Before a special review use may be established, a determination shall be made of whether the special use complies with all of the applicable standards of this Development Code, pursuant to Section 16A-5-230, Special Review.

(3)

Prohibited uses. "P" indicates uses that are prohibited.

(b)

Uses Not Listed. Uses that are not listed in Table 3-1, Schedule of Uses, shall be considered to be prohibited uses, unless one (1) of the following occurs:

(1)

Amendment. An amendment to this Development Code is adopted, pursuant to Section 16A-5-210, Amendments to the Text of the Land Use and Development Code, that lists the use in the table and indicates in which zone districts the use is allowed or allowed by special review, and in which zone districts it is not prohibited;

(2)

Determination of similar use. The Planning Director determines, pursuant to Section 16A-1-70, Interpretations, that the proposed use is sufficiently similar to a use listed in Table 3-1, Schedule of Uses. A use that is determined to be similar to a listed use shall be subject to the same standards as the use to which it is determined to be similar; or

(3)

Temporary use. The use is approved as a temporary use, pursuant to Section 16A-5-260, Temporary Uses.

(Ord. 4-1998 §1; Ord. 11-1999 §3; Ord. 19-2000, §1; Ord. 10-2001 §1; Ord. 32-2004 §A-3; Ord. 01-2021 §2(Exh. B); Ord. No. 10-2024, §2(Exh. A))

(a)

Schedule of Dimensional Limitations. Table 3-2, Schedule of Dimensional Limitations, specifies the dimensional limitations applicable to the Town's zone districts. All development shall comply with these limitations, unless more restrictive standards or limitations are specified by this Development Code, in the form of:

(1)

Standards for a particular use. Standards specified for a particular use in Sections 16A-3-230 through 16A-3-250;

(2)

Standards of a zone district overlay. Standards specified by an applicable zone district overlay, or by an approved planned unit development (PUD) or specially planned area (SPA) plan; or

(3)

Other standards. Other standards specified by this Development Code, such as any applicable stream setback, ridgeline setback or similar limitation.

(b)

Construction in Required Setbacks and Outside Designated Building Envelopes.

(1)

Structures on or below finished grade. A structure (said structure being defined as no higher than thirty [30] inches above finished grade, such as a deck or parking pad) shall not be more than four (4) feet in height above existing grade and shall not project into the affected portion of a required setback more than one-half (½) the distance from the building envelope to the property line and no closer than ten (10) feet to the property line, whichever is more restrictive.

(2)

Other minor structures. A driveway, entry walkway, associated retaining structures, and hand rails shall be allowed in required setbacks without limitation. In addition one (1) minor street address identification sign not exceeding six (6) feet high by four (4) feet wide by four (4) feet deep shall be allowed.

(3)

Roof eaves. Roof eaves may project up to twenty-four (24) inches into a required setback or outside of a designated building envelope. In no case shall the projection be allowed in an easement without the easement holder's consent, nor be closer than ten (10) feet to a property line.

TABLE 3-2
SCHEDULE OF DIMENSIONAL LIMITATIONS¹

Notes:

1. Dimensional limitations in the PUD and SPA zone districts are set by the adoption of a plan pursuant to Section 16A-5-230, Planned Unit Development. In the SPA-2 zone district, maximum floor area ratio shall be set by an adopted plan, except for previously subdivided lots, the following maximum floor area per lot shall apply: 2,400 sq. ft. for a single-family detached dwelling; 3,400 sq. ft. for a two-family dwelling and 5,200 sq. ft. for a multi-family dwelling.

2. In addition, maximum lot area is 10,000 sq. ft., unless a larger size is approved by special review.

3. Except for existing lots platted prior to January 1, 1988.

4. In addition, minimum lot area per dwelling unit is 1,500 sq. ft. per bedroom, plus 500 sq. ft. for each additional bedroom.

5. Except no lot shall contain a dwelling in excess of 2,000 sq. ft., unless a larger size is approved by special review.

6. Except no lot platted prior to January 1, 1988, may contain a dwelling in excess of 3,000 sq. ft.

7. For lots of 15,000 to 20,000 sq. ft.: FAR = 0.16, to a maximum of 3,000 sq. ft.
For lots of 20,001 to 30,000 sq. ft.: FAR = 0.15, to a maximum of 3,900 sq. ft.
For lots of 30,001 to 45,000 sq. ft.: FAR = 0.13, to a maximum of 4,500 sq. ft.
For lots greater than 45,000 sq. ft.: FAR = 0.10, to a maximum of 5,500 sq. ft.

8. To a maximum of 6,400 sq. ft.

(Ord. 4-1998 §1; Ord. 11-1999 §3; Ord. 32-2004 §A-4; Ord. 4-2013 §3; Ord. 6-2015 §4(Exh. A))

(a)

Measuring Height. The height of a building shall be the maximum distance possible measured vertically from existing grade at any point within the interior of the building; and from existing or finished grade (whichever is the most restrictive) at any point around the perimeter of the building, to the top of a flat or pitched roof or other portion of a structure. Antennas, chimneys, flues, vents, elevator overrides or similar structures that cannot comply due to requirements of Chapter 18 of the Municipal Code shall not extend more than ten (10) feet above the maximum height limit. A chimney flue cap may extend an additional two (2) feet above the maximum height limit. Water towers and mechanical equipment may not extend more than five (5) feet above the maximum height limit unless otherwise approved by the Town Council.

(b)

Measuring Floor Area.

(1)

Areas included in calculations. The total square footage of all levels of a building, as measured at the outside face of the primary structural component of the exterior walls. In the case of adjoining units, measurements shall be taken from the center line of walls separating adjoining units of a building.

(2)

Exclusions, inclusions and adjustments to the gross calculations of Paragraph (1) above.

a.

General exclusions, clarifications and adjustments.

1.

Attic space. Attic space, as defined by the Town's adopted building code and less than five and one-half (5½) feet in ceiling height, measured to the bottom of primary framing members for the roof structure above, such as primary roof trusses, for ninety percent (90%) of the area of the attic space, shall be excluded from the calculation. If rational construction methods will not permit a maximum height of five and one-half (5½) feet, such restriction may be waived pursuant to Section 16A-5-250 of this Chapter or by the Planning Director by notation on the final approved building plans.

2.

Crawl space. Crawl space as defined by the Town's adopted building code and less than five and one-half (5½) feet in ceiling height, measured from finished grade or slab floor elevation to the bottom of primary framing members for the floor structure above, such as primary floor joists, for ninety percent (90%) of the area of the crawl space, shall be excluded from the calculation. If rational construction methods will not permit a maximum height of five and one-half (5½) feet, such restriction may be waived pursuant to Section 16A-5-250 of this Chapter or by the Planning Director by notation on the final approved building plans.

3.

Basements. Basements, as defined by the terms basement and subgrade area herein, shall be excluded from the floor area calculations at a rate of:

a)

A minimum of the greater of five hundred (500) square feet or fifteen percent (15%) of the maximum allowable floor area; and

b)

A maximum of the lesser of one thousand (1,000) square feet or fifteen percent (15%) of the maximum allowable floor area.

4.

Covered, unenclosed spaces and horizontal projections. A building's primary entry may exclude floor area under a covered entry only if the entry is open and unenclosed and is no more than one hundred sixty (160) square feet in area. A deck, patio, landscaped terrace or outdoor space covered by a horizontal projection of a roof or floor above of four (4) feet or less in depth may also exclude the area below it. Areas covered by a horizontal projection of a roof or floor above exceeding four (4) feet in depth or the area limitation for a primary entry shall include the square footage of the area beyond the specified overhang and horizontal projection limits in the floor area calculation at a rate of fifty percent (50%). Areas below above-grade decks are excluded from this calculation.

5.

Elevator shafts and stairs. Elevator shafts and stairs shall be included in the floor area calculation on each floor that the elevator shaft or stairwell occurs, if a building plan includes basement space. In all other cases, elevator shafts and stairs shall only be included in the calculation on the floor that the elevator shaft or stair originates.

6.

Mechanical space. A mechanical space devoted to housing mechanical, plumbing, electrical, telephone, heating, cooling, snowmelt, security and/or related equipment shall be excluded from the calculations up to five percent (5%) of the maximum allowable floor area.

7.

Veneer façade. Any veneer façade applied to a primary structural wall, provided that the veneer façade is twelve (12) inches or less in thickness shall be excluded.

b.

Exclusions and adjustments specifically for single-family and two-family dwelling units.

1.

Garage. Garage space that is primarily intended for storage of motor vehicles and is completely enclosed shall be excluded from the floor area calculation, up to a maximum of three hundred fifty (350) square feet for a single-car garage, up to seven hundred (700) square feet for a two-car garage and up to nine hundred (900) square feet for a three-car garage. The maximum garage exclusion for any lot is nine hundred (900) square feet.

2.

Accessory Caretaker Unit (ACU); Accessory Employee Unit (AEU). The floor area for a pre-existing accessory caretaker unit (ACU) and the floor area for an accessory employee unit, shall be included in the floor area calculations pursuant to the requirements for such units found in Subparagraph 16A-3-230(2)e, Maximum Floor Area.

c.

Exclusions specifically for hotel/ lodge rooms/suites, dormitory and multi-family units.

1.

Subgrade parking areas, including parking below finished grade which, by way of example, may be subterranean or against bermed embankments and structural walls.

2.

Storage. In multi-family unit and dormitory buildings only, areas designed and used as storage which do not have direct access to a dwelling unit, not to exceed five percent (5%) of the total proposed floor area of the unit for which the storage is intended.

3.

Elevator shafts and stairs shall only be included in the floor area calculations on the floor that the elevator shaft or stairwell originates.

4.

Carports, which shall be one hundred percent (100%) open on one (1) or more sides with the exception of support members and which must be used to store one (1) or more motor vehicles, shall be excluded in the calculation of floor area at a rate of fifty percent (50%), regardless of the number of vehicles to be accommodated therein.

d.

Exclusions specifically for commercial and other nonresidential uses.

1.

Service areas, such as common circulation areas, public restrooms, loading/delivery areas and other similar uses.

(Ord. 4-1998 §1; Ord. 11-1999 §3; Ord. 5-2001 §1; Ord. 10-2001 §1; Ord. 10-2001 §1; Ord. 4-2013 §3; Ord. 2-2020, §2(Exh. A); Ord. No. 10-2024, §2(Exh. A))

(a)

Purpose.

(1)

General. Within zone districts established in this Article III, Zone Districts, there may exist lots, structures and uses of land and structures that were lawfully established before this Development Code was adopted or amended that no longer conform to the standards of this Article. The purpose of this Section is to regulate and limit the continued existence of those uses, structures and lots that do not conform to the provisions of this Article, or any amendments thereto.

(2)

Nonabatement provisions. Unless specifically stated, it is the intent of this Section that nonconforming structures, portions of structures or uses be permitted to continue unless abandoned, destroyed or removed. Nonconforming structures, portions of structures or uses shall not be extended, enlarged or expanded, nor be used as the grounds for adding other structures or uses prohibited elsewhere in the same zone district, all as more specifically provided herein.

(b)

Nonconforming Uses and Structures.

(1)

Nonconformity may continue. Nonconforming uses and nonconforming structures may continue, so long as they remain otherwise lawful and comply with the provisions of this Section.

(2)

Enlargement or extension. A nonconforming use shall not be enlarged, increased or extended to occupy a greater area of land than was occupied on June 1, 1988. A nonconforming structure or nonconforming portion of a structure that otherwise meets the requirements of this Development Code shall not be enlarged or altered in any way that increases its nonconformity. A structure or nonconforming portion thereof may, however, be altered in a way that does not increase, or that decreases, its nonconformity.

(3)

Relocation. A nonconforming use or nonconforming structure shall not be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such use or structure on June 1, 1988, unless such relocation brings the structure, portion thereof or use into compliance with the provisions of the zone district to which it is moved.

(4)

Change of use. A nonconforming use shall not be changed to another use, unless the use to which it is changed conforms to the provisions of this Development Code for the zone district in which the use will be located.

(5)

Cessation of nonconformity. If any such nonconforming use, structure or portion thereof is discontinued, abandoned or ceases for any reason for a period of six (6) consecutive months, then such nonconformity shall not be reestablished, and any subsequent use of such land, structure or portion thereof shall conform to the provisions of the zone district in which such land or structure is located.

(6)

Damage or destruction. If any nonconforming structure or nonconforming portion of a structure is damaged or destroyed by any means, it shall be reconstructed in conformity with the provisions of this Development Code, unless a building permit for its repair or replacement is obtained within nine (9) months after the date of loss, and said permit remains active and is diligently completed pursuant to the provisions of the Uniform Building Code.

(7)

Additional structures. Any additional structures erected in connection with any nonconforming use of land or structure shall conform to the requirements of this Development Code.

(c)

Nonconforming Lots.

(1)

Nonconforming lot may be developed. Any lot or parcel that has an area or width that does not conform to the standards of the underlying zone district, but was a legal lot of record at the time it was created, may be developed with a single-family detached dwelling and those customary accessory structures and uses normally associated with a single-family detached dwelling. The development of the lot shall comply with all of the other applicable standards of this Development Code, or, prior to its development, the applicant shall obtain a variance, pursuant to Section 16A-5-240, Variances, or an administrative modification, pursuant to Section 16A-5-250, Administrative Modifications.

(2)

Lot reduction. No lot or parcel of land, nor any interest therein, shall be transferred, conveyed, sold, subdivided or acquired, either in whole or in part, so as to create a new nonconformity, to avoid, circumvent or subvert any provisions of this Development Code, or so as to leave any lot below the minimum requirements for lot width or lot area applicable to the underlying zone district; nor shall any lot or portion of a lot required for a legal building site under the provisions of this Development Code be used as a portion of a lot required as a site for another structure. No building permit shall be issued for any lot or parcel of land that has been transferred, conveyed, sold, subdivided or acquired in violation of this Section.

(Ord. 4-1998 §1)

One (1) accessory employee unit (AEU) may be installed on a single-family detached dwelling lot following these standards: (1) constructed as part of a single-family detached dwelling; (2) located above, below, and/or attached to a detached garage, limited at sixteen (16) to eighteen (18) feet in height, depending on zone district, and not expand the garage building footprint by more than fifty percent (50%). Heights shall be measured pursuant to Section 16A-3-210(a), 'Measuring Height,' of the municipal code; (3) constructed as a separate detached unit, limited to sixteen (16) to eighteen (18) feet in height, depending on zone district; or (4) permitted as a pre-existing dwelling unit within a single-family detached or two-family dwelling, subject to compliance with the provisions of this Section.

(1)

Standards for a pre-existing accessory caretaker unit. A pre-existing accessory caretaker unit (ACU) as of the effective date of Ordinance No. 10, Series of 2024, shall continue to comply with the following standards, unless modified to comply with the accessory employee unit standards in Section 16A-3-230(2):

a.

Size. The size of the ACU shall be not less than three hundred fifty (350) square feet or greater than seven hundred fifty (750) square feet and shall be built within the maximum allowable floor area for the lot unless the additional floor area was acquired under the Limited Excise Tax provisions as set forth in Article VI, Chapter 4 of the Municipal Code.

b.

Variance. The only variance that may be granted to accommodate the ACU is a setback or height variance.

c.

Exterior entrance. The ACU shall have a separate exterior entrance from the single-family detached dwelling that is practically accessible as the primary means of access to the ACU.

d.

Parking. There shall be provided at least one (1) on-site parking space per bedroom in the ACU in addition to those parking spaces required for the single-family detached dwelling.

e.

No short-term rental. An ACU shall not be rented on a short-term basis or for vacation-type rentals. All rentals shall be for a minimum term of six (6) months.

f.

Unapproved accessory units. With Town Council approval, one (1) accessory unit created prior to April 16, 1985, in a single-family detached dwelling or one (1) accessory unit created prior to September 21, 1977, in a two-family dwelling within the DU zone district may be permitted to remain as an ACU, provided that:

1.

The lot owner has submitted architectural drawings reflecting the "As-Built" condition defining the ACU.

2.

The lot owner has submitted a report from a private building inspection consultant, whose qualifications are acceptable to the Town, containing his or her findings with regard to consistency with Chapter 18 of this Code as found within the ACU and recommendations as to whether modifications should occur in order for the unit to be occupied in a safe manner.

3.

Based upon the review of the inspector's report and recommendations of the Building Official, who may inspect said ACU prior to any approval being granted, the lot owner agrees to obtain the necessary permits and perform the recommended modifications that need to occur prior to any registration, rental or conveyance of the ACU.

4.

The lot owner has successfully demonstrated that the subject unit existed within the principal structure on or before the applicable date specified above and that no other ACUs exist on the lot.

5.

The existing ACU unit is in conformity with Subsection (1) above, except that the subject ACU may be acceptable for registration if, at the sole discretion of the Town and following presentation of evidence thereon, it is satisfactorily demonstrated that such nonconformity may be determined to be minor in nature or that compliance would be impractical and would cause an unreasonable hardship upon the lot owner. In cases such as this, the Town may impose conditions reasonably necessary to mitigate impacts upon surrounding property owners or to specify a timeframe within which the ACU or nonconformity must be brought into compliance with Subsection (1) above.

g.

Comply with its initial registration with the Town.

(2)

Standards for an accessory employee unit (AEU). An AEU, which may include a modification to a previously approved accessory caretaker unit (ACU), shall comply with the following standards:

a.

Size. The size of the AEU shall be not less than three hundred (300) square feet or greater than one thousand (1,000) square feet.

b.

Variance. The only development variance that may be granted to accommodate the AEU is a setback or height variance.

c.

Contents. An AEU shall contain a "Kitchen, (AEU)," sanitation and sleeping facilities. Sanitation facilities shall include at minimum a sink, shower, a toilet, and washer and dryer hookups for efficiency or stackable units. Sleeping facilities shall be provided up to a maximum of two (2) bedrooms.

d.

Exterior entrance. The AEU shall have a separate exterior entrance from the single-family detached dwelling that is practically accessible as the primary means of access to the AEU or may be accessed from a shared, enclosed vestibule entrance.

e.

Parking. There shall be provided at least one (1) on-site parking space per bedroom in the AEU, which may be tandemly arranged, in addition to those parking spaces required for the single-family detached dwelling.

f.

Maximum floor area. The AEU shall not cause the resulting floor area of all improvements to exceed the maximum floor area for the lot; except, however, the maximum floor area for the lot may be exceeded by an amount not to exceed the lesser of fifteen percent (15%) of the maximum floor area for the lot or seven hundred and fifty (750) square feet and not be subject to the Floor Area Excise Tax provisions in Chapter 4, Article VI for the floor area of an AEU, provided any Floor Area Excise Tax purchase for the principal home and any bonus floor area for the AEU above the maximum floor area for the lot shall not be combined to exceed seven hundred fifty (750) square feet beyond the maximum floor area cap for the lot, and provided the Applicant/Owner for the AEU shall:

i.

Comply with all provisions of the Code applicable to AEUs;

ii.

Complete an AEU initial registration (if under the floor area cap for the lot); or

iii.

Record a deed/covenant restriction for the AEU in a form to be prepared by the Town containing the material terms of this Section regarding occupancy, and following subsection (3)c2 below, and submit to the Town (if over the maximum floor area of the lot up to a limit of seven hundred fifty (750) square feet); and

iv.

Enter into a Restricted Housing Agreement with the Town, and the maximum rents for the AEU, which rents shall be established by the Town, and subsection (3)c2 below. Rental rates may be adjusted annually based on the inflation index used by the Town. A restricted housing agreement may otherwise be reviewed and updated not more frequently than every five (5) years.

g.

No short-term rental. An AEU shall not be rented on a short-term basis or for vacation-type rentals. All rentals shall be for a minimum term of six (6) months. This restriction shall be incorporated by the Restricted Housing Agreement with the owner if over the maximum floor area limit.

h.

Occupancy. The AEU must be occupied by qualified employees, caretakers, caregivers, senior citizen (> age sixty-five (65)), or disabled individuals, as defined by this Code or the rules and regulations of the Town. Occupancy of an AEU shall not exceed two (2) persons per bedroom and shall otherwise be subject to the provisions of this Code. AEUs shall be rented for a minimum term of six (6) consecutive months.

i.

No Restricted sale. A property cannot be condominiumized to create a separately conveyable unit for the AEU.

j.

Rental by Employer. The Owner may allow employers within the Town of Snowmass Village to rent and/or sublease accessory employee units to qualified employees, pursuant to a deed/covenant restriction and the restricted housing agreement if above the maximum floor area limit.

(3)

Accessory employee unit completion and registration.

a.

Completion. A new accessory unit shall be completed within the period prescribed by the building permit issued for its construction. All modifications to a pre-existing ACU shall be completed within the period prescribed by Chapter 18 of this Code or other permits required by the Town Council for it to be registered.

b.

AEU notice of initial registration and deed/covenant restriction.

1.

If the floor area on the lot remains within the maximum limit for the lot. After issuance of a certificate of occupancy or completion for an AEU and payment of the processing fee established by the Community Development Department's fee schedule, a notice of registration of the AEU shall be issued by the Planning Director, and a true and accurate copy shall be filed for recording, at the applicant's expense, in the Office of the Clerk and Recorder of the County;

2.

If the floor area on the lot exceeds the maximum limit for the lot. The Community Development Department shall provide a deed/covenant restriction, which shall identify the size of unit, and the penalty provisions in subsection (5) below for the AEU and contain the material terms of this Section regarding occupancy standards under subsection (2)g above for recording, at the applicant's expense, in the Office of the Clerk and Recorder of the County. The applicant shall also enter into a Restricted Housing Agreement with the Town defining at minimum the maximum rent, the size of unit, the prioritization of occupants, and the occupancy standards under subsection (2)g above. A restricted housing agreement may otherwise be reviewed and updated not more frequently than every five (5) years.

c.

Inspection. The Town of Snowmass Village shall have a right to inspect the AEU to verify compliance with this Section. At least forty-eight (48) hours' written or verbal notice will be provided to the owner or his or her authorized agent. The owner of the AEU shall also notify the department of any impending sale of the subject property and permit an inspection prior to closing.

d.

Failure to register, deed/covenant restrict, or correct noncomplying conditions. If the owner:

1.

Fails to timely complete the construction of an AEU in accordance with the provisions of Subsection (3)a, Completion;

2.

Fails to timely comply with the provisions of Subsection (3)c, AEU Notice of Initial Registration and Deed/Covenant Restriction, and the recordation thereof; or

3.

Failure to register, deed/covenant restrict, including the recordation thereof, or correct noncomplying conditions, shall require the owner to remove the kitchen from the AEU; and comply with the following:

i.

Remove floor area. Remove from the single-family detached lot, dwelling or detached garage structure all floor a rea being part of the AEU, unless the floor area legally existed prior to the creation of the new AEU code provisions; or

ii.

Was acquired under the Limited Excise Tax provisions; and

iii.

Modify with the Town's permission the Restricted Housing Agreement and to release the registration and/or deed/covenant restriction.

4.

Penalty. Pay to the Town a penalty for elimination of the AEU as an employee housing unit. The amount of the fee shall be calculated by the Planning Director as described below:

a)

Multiplying the square foot age of the AEU, minus that portion of AEU floor area that legally existed prior to the creation of the AEU or was acquired under the Limited Excise Tax provisions. The penalty in this case would be calculated pursuant to the provisions and formulae in Chapter 4, Article VI, 'Floor Area Excise Tax,' of the Code, only if the floor area square footage was previously granted or allowed up to ten percent (10%) beyond the maximum floor area without the acquisition through the 'Floor Area Excise Tax' of the Code.

b)

If under this Ordinance No. 10, Series of 2024, an AEU was approved up to the limit of seven hundred fifty (750) square feet beyond the maximum floor area standard established by the zoning or PUD for the lot without any prior acquisition of a 'Flo or Area Excise Tax,' and the employee unit is subsequently removed, then the amount of penalty fee shall be the calculated per the formulae in Chapter 4, Article VI, 'Floor Area Excise Tax,' of the Code and tripling the resulting fee.

(Ord. 4-1998 §1; Ord. 5-1999 §3; Ord. 19-2000, §1; Ord. 10-2001, §1; Ord. 10-2024, §1; Ord. No. 10-2024, §2(Exh. A))

A home occupation shall comply with the following standards:

(1)

Employment. A home occupation shall be conducted solely by the inhabitants of the dwelling unit in which the home occupation is being conducted, and by no more than one (1) employee who resides elsewhere.

(2)

Outside appearance. The outside appearance of a dwelling shall not be changed in any manner to accommodate a home occupation. No signs or exterior advertising of any type shall be allowed, nor shall there be any exterior storage of materials or equipment used as part of the home occupation.

(3)

Occupancy limits. A home occupation shall not occupy a space larger than twenty percent (20%) of the total floor area or five hundred (500) square feet, whichever is less, of the dwelling unit being used for such purposes. A home occupation shall be conducted entirely within the dwelling unit; no exterior activity shall be associated with such use.

(4)

Merchandise. Merchandise shall not be sold, stored, exchanged or displayed on the premises as part of a home occupation.

(5)

Nuisances prohibited. A home occupation shall not generate offensive noises, vibrations, smoke, dust, odors, heat, electrical interference, glare or traffic noticeable at or beyond the property line.

(6)

Permitted uses. Home occupations include, but are not limited to, the following, provided that all of the standards of this Section are met: art or photo studio; dressmaking or drapery work; office for accountant, architect, bookkeeper, contractor, engineer, insurance, property management, real estate activities or other similar uses; tutor (limited to a maximum of two [2] students at any time); and in-home babysitting (limited to that allowed in a day care home as defined and regulated by the Pitkin County Department of Social Services).

(7)

Prohibited uses. A home occupation shall not be interpreted to include the following or similar businesses: offices for dentists, physicians, surgeons, osteopaths, chiropractors or similar professional services, nursing home, lodge or hotel, day care home, day care center, animal hospital, kennel, restaurant, automotive repair, welding shop, barber shop or other similar uses.

(8)

Licenses. A home occupation shall comply with all applicable business license and sales tax requirements.

(9)

Violations. Any violation of these provisions shall be subject to the penalties set forth in Section 1-72 of the Municipal Code.

(Ord. 4-1998 §1; Ord. 11-1999 §3)

(a)

Purpose. The purpose of this Section is to establish policies and procedures for the placement of Wireless Communication Facilities (WCFs), as they are defined by this Section, the federal Telecommunications Act of 1996, the Federal Communications Commission (FCC) Declaratory Ruling and Third Report and Order, known as the FCC Small Cell Order (the FCC Order), and House Bill 17-1193, the State of Colorado, Small Cell Facilities Permitting and Installation Act, within the Town Limits of the Town of Snowmass Village, which will provide public benefits and will be consistent with the preservation of the integrity, safe usage, and visual qualities of the Town and its public ROW.

This Section establishes standards for the siting and design of Wireless Communication Facilities. As such, the provisions of this Section are intended to regulate and guide the installation of Wireless Communication Facilities infrastructure and to regulate and guide the installation of new wireless communication facilities, when needed. It is the desire of the Town to encourage the development of an aesthetically pleasing local environment. It is also the intent of the Town to encourage the expansion of wireless technology, as it provides a valuable service to Town residents and businesses. It is the Town's goal to encourage wireless providers to construct new facilities disguised through techniques of camouflage, concealment, and stealth design, as defined in this Section.

The Town recognizes its responsibilities under the federal Telecommunications Act of 1996, the FCC Order, and House Bill 17-1193, and believes that it is acting consistent with the federal Telecommunications Act, the FCC Order, and House Bill 17-1193, in ensuring that development activity does not endanger public health, safety, or welfare. The Town intends this Section to ensure that the installation, augmentation and relocation of Wireless Communication Facilities installations in the Town, including its public ROW are conducted in such a manner as to lawfully balance the legal rights of applicants under the federal Telecommunications Act, the FCC Order, and House Bill 17-1193, with the rights, safety, privacy, property, and security of residents of the Town.

This Section is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any wireless telecommunications service provider's ability to provide wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify wireless telecommunications service facilities on the basis of environmental effects of radio frequency emissions so long as such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the Town may not deny under federal or state law; or (6) otherwise authorize the Town to preempt any applicable federal or state law.

This Section supersedes all Sections, parts of Sections or rules adopted prior hereto that are in conflict herewith, to the extent of such conflict.

In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the Town finds that these regulations are necessary to:

(1)

Provide for the managed development and installation, maintenance, modification, and removal of wireless communications infrastructure in the Town with the goal of having the fewest number of wireless communication facilities ("WCF") required to complete a network without unreasonably discriminating against wireless communications providers of functionally equivalent services including all of those who install, maintain, operate, and remove WCFs;

(2)

Promote and protect the public health, safety, and welfare by reducing the visibility of WCFs to the fullest extent possible through techniques including but not limited to camouflage design techniques and undergrounding of WCFs and the equipment associated therewith;

(3)

Develop smaller, less intrusive WCFs to supplement existing larger WCFs;

(4)

Utilize wall-mounted panel antennas;

(5)

Construct roof-mounted antennas only when wall-mounted antennas will not provide adequate service or are not otherwise feasible;

(6)

Locate alternative tower structures in a manner that minimizes the total number of towers needed throughout the community;

(7)

Promote the colocation of WCFs on new and existing sites, when visual impacts are minimized;

(8)

Locate antennas and towers, to the extent possible, in areas where the adverse impact on the community is minimized;

(9)

Enhance the ability of wireless communications service providers to provide such services to the community quickly, effectively, and efficiently;

(10)

Effectively manage WCFs in the Right-of-Way (ROW); and

(11)

Manage amateur radio facilities and over-the-air receiving devices in the Town.

(b)

Definitions. All words used in this Section, except where specifically defined herein, shall carry their customary meanings when not inconsistent with the context. Definitions contained elsewhere in this Code shall apply to this Section unless modified herein.

AASHTO means the American Association of State Highway and Transportation Officials, which is a standards setting body that publishes specifications, test protocols, and guidelines that are used in highway design and construction throughout the United States. The association represents not only highways but air, rail, water, and public transportation as well.

Accessory Wireless Equipment means any equipment serving or being used in conjunction with a Wireless Communications Facility (WCF), including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures.

Administrative Review means ministerial review of an Application by the Town relating to the review and issuance of a Permit, including review by the designated staff to determine whether the issuance of a Permit is in conformity with the applicable provisions of this Section and all Town Codes.

Alternative Tower Structure means manmade trees, clock towers, bell steeples, light poles, buildings, and similar alternative design mounting structures that are intended to be compatible with the natural setting and surrounding structures, and camouflage or concealment design techniques so as to make the presence of antennas or towers compatible with the surrounding area pursuant to this Section. This term also includes any antenna or antenna array attached to an Alternative Tower Structure and a Replacement Pole. A stand-alone Monopole in the Public ROW that accommodates Small Cell Wireless Facilities is considered an Alternative Tower Structure to the extent it meets the camouflage and concealment standards of this Section.

Antenna means any device used to transmit and/or receive radio or electromagnetic waves such as, but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non-directional antennas consisting of one (1) or more elements, multiple antenna configurations, or other similar devices and configurations. Exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals.

Antenna, dish means dish (parabolic or cylindrical) antennas used for microwave and satellite transmission and reception for commercial purposes. This definition shall not apply to wireless cable satellite dish antennas or dish antennas less than one (1) meter measured diagonally.

Applicable Codes means any Code drafted and adopted by the Town, including Chapter 11 - Streets, Sidewalks and Public Property, Chapter 16A - Land Use and Development Code, and Chapter 18 - Building Regulations, as well as uniform building, fire, safety, electrical, plumbing, Uniform Traffic Control or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the Town, including any amendments adopted by the Town, or otherwise are applicable in the jurisdiction.

Applicant means the person submitting an application that is proposing an action requiring review and approval by one (1) or more of the sections in Section 16A-3-250 as well as other applicable sections of Town of Snowmass Village Code including Chapter 11 - Streets, Sidewalks and Public Property, Chapter 16A - Land Use and Development Code, and Chapter 18 - Building Regulations. An applicant may subsequently become the developer once approval is granted, and in this case the terms shall be interchangeable.

Attached Wireless Facilities means facilities affixed to a structure except optical fiber, wires, coaxial cable, and the mounting hardware used to attach optical fiber, wires, and coaxial cable. Examples of attached facilities include but are not limited to antennas, telephone boxes, power boxes, and other equipment boxes and cabinets on structures located.

Base Cabinet means a cabinet at the base of a SCF that houses the Base Station.

Base station means:

a.

A structure or equipment at a fixed location that enables Federal Communications Commission ("FCC") licensed or authorized wireless communications between user equipment and a communications network. The definition of base station does not include or encompass a tower as defined herein or any equipment associated with a tower. 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 that, at the time the relevant application is filed with the Town pursuant to this Section 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 such support; and

2.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplied, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks) that, at the time the relevant application is filed with the Town pursuant to this Section 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 such support.

b.

The definition of "base station" does not include any structure that, at the time the application is filed with the Town under Section 16A-3-250, Wireless Communication Facilities, does not support or house equipment described herein in Subparagraphs 1. and 2. of this definition.

Camouflage, concealment, or camouflage design techniques means a WCF which is camouflaged or utilizes camouflage design techniques when any measures are used in the design and siting of WCF's with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A WCF site utilizes camouflage design techniques when it (i) is integrated as an architectural feature of an existing structure such as a cupola, or (ii) is integrated in an outdoor fixture such as a flagpole, or (iii) uses a design which mimics and is consistent with the nearby natural, or architectural features (such as an artificial tree) or is incorporated into or replaces existing permitted facilities (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not readily apparent.

CDOT means the Colorado Department of Transportation.

Clear Zone (as defined in AASHTO's Roadside Design Guide) means the total roadside border area, starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or a clear run-out area.

Code means the Snowmass Village Town Code.

Collocation means (1) mounting or installing a WCF on a pre-existing structure, and/or (2) modifying a structure for the purpose of mounting or installing a WCF on that structure. Provided that, for purposes of Eligible Facilities Requests, "Collocation" means the mounting or installation of transmission equipment on an Eligible Support Structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Development Code means Chapter 16A of the Town Code, as amended.

Director means the Town's Community Development Director or designee.

Eligible Facilities Request means any request for modification of an Eligible Support Structure that does not Substantially Change the physical dimensions of such Eligible Support Structure involving: (i) collocation of new Transmission Equipment, (ii) removal of Transmission Equipment, or (iii) replacement and/or addition of Transmission Equipment.

Eligible Support Structure means any Tower or Base Station as defined in this Section, provided that it is existing at the time the relevant application is filed with the Town under this Section.

Existing Tower or Base Station means a constructed Tower or Base Station is existing for purposes of this Section if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

Facilities means any and all equipment, structures, materials or tangible components located in the ROW and used to provide a service, including without limitation: all plants, whether inside or outside, fiber strands or optic lines, electronic equipment, amplification equipment, optic equipment, transmission and distribution structures, antennas of any type, lines, termination equipment, pipes, poles, ducts, mains, conduits, inner ducts, regenerators, repeaters, underground lines, vaults, manholes, pull boxes, splice closures, wires and cables, and all other like equipment, fixtures and appurtenances used in connection with transmitting, receiving, distributing, offering, and/or providing such service. Facilities shall include, as the context dictates, wireless communications facilities, as defined herein.

FCC means the Federal Communications Commission of the United States.

FCC Small Cell Order or Order means the FCC's Declaratory Ruling and Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84, FCC-18-133, released September 27, 2018, which is incorporated herein by this reference.

Height means maximum height of the WCF, including antenna, above established finished grade measured at the base of the structure.

House Bill 17-1193 or Act means Colorado's Small Cell Facilities Permitting and Installation Act, as amended, which became effective on July 1, 2017 and is incorporated herein by this reference.

Macro Wireless Telecom Facility or Macrocell means a cell in a mobile phone network that provides radio coverage served by a power cellular base station (tower). The antennas for macrocells are mounted on ground-based masts, rooftops, and other existing structures, at a height that provides a clear view over the surrounding buildings and terrain. The term macrocell is used to describe the widest range of cell sizes.

Micro Cell Facility means a small wireless facility that is no larger than twenty-four (24) inches in length, fifteen (15) inches in width, 12 inches in height, and that has an exterior antenna, if any, that is no more than eleven (11) inches in length.

Monopole means a single, freestanding pole-type structure supporting one (1) or more antennas.

Multi-User Facility means a facility that is designed to accommodate two (2) or more service providers.

Ordinance means Snowmass Village Land Use and Development Code Section 16A-3-250, Wireless Communications Facilities, as amended.

Ordinary Maintenance and Repair means inspections, testing and/or repair that maintain functional capacity, aesthetic and structural integrity of a Communications Facility and/or the associated Support Structure, Pole or Tower, that does not require blocking, damaging or disturbing any portion of the Public ROW.

Public right-of way means any public way or public thoroughfare dedicated or devoted to public use, including street, highway, road, alley, lane, court, boulevard, sidewalk, public square, mall or like designation.

Replacement Pole means an Alternative Tower structure that is a newly constructed and permitted streetlight, flagpole, or other similar structure of proportions and of equal height to a pre-existing pole or structure in order to support a WCF or Small Wireless Facility or to accommodate collocation and remove the pre-existing pole or structure.

Roof-mounted wireless facility means a wireless facility that is mounted on the roof or any rooftop appurtenance of a legally existing building or structure.

Screening means reducing the visibility of all wireless facilities equipment, including accessory equipment, from adjacent and nearby public ROW and public or private properties by the use of fencing, landscaping, and/or berming, or in the case of wall-mounted or roof-mounted wireless facilities, the use of paint color selection, parapet walls, screen walls, and/or placing equipment in the structure.

Site (for towers other than towers in the ROW and eligible support structures) means the current boundaries of the leased or owned property surrounding the tower or eligible support structure and any access or utility easements currently related to the site. A site, for other towers in the ROW, is further restricted to that area comprising the base of the structure and to other related accessory equipment already deployed on the ground.

Small cell facility or small wireless facility or SCF (as defined in the FCC Order and the Act) means a WCF where each antenna is located inside an enclosure of no more than three (3) 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 (3) cubic feet; and primary equipment enclosures are no larger than seventeen (17) cubic feet in volume. 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 enclosure, back-up power systems, grounding equipment, power transfer switch and cut-off switch.

Structure means anything constructed or erected with a fixed location below, on, or above grade, including, without limitation, service cabinets, junction boxes, foundations, fences, retaining walls, awnings, balconies, and canopies.

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

a.

For towers other than alternative tower structures in the ROW, it increases the height of the tower by more than ten (10) percent 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 eligible support structures, it increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater;

b.

For towers other than towers in the ROW, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than ten (10) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater for 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 five (5) feet;

c.

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 (4) cabinets; or for towers in the ROW 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 ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure;

d.

For any eligible support structure, it entails any excavation or deployment outside the current site; or would impair the concealment elements of the eligible support structure; or

e.

For any eligible support structure, 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, 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 a., b., and c. of this definition; and

f.

For any eligible support structure, it 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.

Telecommunications means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

Telecommunication service(s) means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

Telecommunication service provider or telecommunications applicant means any provider of telecommunications services, except that such term does not include aggregators of telecommunications services (as defined in 47 U.S.C. Section 226).

Telecommunication system means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. A system that provides both cable and telecommunications or information services may be considered both as a cable system and a telecommunications system pursuant to this Code.

Toll means a pause in the progression of the shot clock due to an incomplete application.

TOSV means the Town of Snowmass Village.

Tower means any structure that is designed and constructed primarily built for the sole or primary purpose of supporting one (1) or more any Federal Communications Commission ("FCC") -licensed or authorized antennas and their associated facilities, including structures that are constructed for 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, and the associated site. The term includes self-supporting lattice towers, guy towers or monopole towers. The term also includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and such other similar structures.

Town means the Town of Snowmass Village, its citizens, representatives, and employees.

Town Council means the Snowmass Village Town Council.

Town Manager means the Snowmass Village Town Manager or designee.

Transmission equipment means 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.

Unreasonable Interference means any use of the ROW that disrupts or interferes with its use by the Town, the general public, or other person authorized to use or be present upon the ROW, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the ROW that disrupts vehicular, bike, or pedestrian traffic, any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare. This shall also apply to any violation of the Americans with Disabilities Act.

Wall-mounted wireless facility means a WCF that is mounted and supported entirely on the wall of a legally existing building, including the walls of architectural features such as parapets, but does not include mechanical screens, chimneys and similar appurtenances.

Wireless communications facility, or WCF means a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the Code. A WCF includes an antenna or antennas, including without limitation, directional, omni-directional and parabolic antennas, base stations, support equipment, alternative tower structures, and towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand-held radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of Section 16A-3-250, Wireless Communication Facilities.

(c)

Applicability.

(1)

All applications for the installation or development of WCFs and/or equipment must receive land use and development approval, building permits, and/or ROW permits, as applicable, prior to installation. Concurrent with the issuance of appropriate building and ROW permits, WCFs and/or equipment shall be reviewed for approval by the Community Development Director (and when applicable, the Town Engineer) in conformance with the provisions and criteria of this Section. WCFs and equipment subject to the provisions and criteria of this Section include without limitation, WCFs within the Public Rights-of-Way, cellular telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS), commercial mobile radio service (CMRS) and other wireless commercial telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms. All references made throughout this Section, to any of the devices to which this Section is applicable, shall be construed to include all other devices to which this Section is applicable.

(2)

Exemptions. The requirements set forth in this Section shall not apply to:

a.

Amateur Radio Antennas. Amateur radio antennas that are owned and operated by a federally licensed amateur radio station operator or are used exclusively for receive-only antennas; however, amateur radio antennas shall be subject to the other applicable requirements of Sections of Town Code.

b.

Pre-existing WCFs. Any WCF for which a permit has been properly issued prior to the effective date of this Section, shall not be required to meet the requirements of this Section, other than the operational standards set forth in this Section. Changes and additions to pre-existing WCFs (including trading out of antennas for an equal number of antennas) shall meet applicable operational standards set forth in this Section.

c.

Miscellaneous Antennas. Antennas used for reception of television, multi-channel video programming and radio such as over the air reception devices ("OTARD") antennas, noncommercial satellite dish antennae, radio and television transmitters and antennae incidental to residential use; however, such antennas shall be subject to the other applicable requirements of Sections of Town Code.

d.

A temporary wireless facility serving the general health, safety and welfare of the residents of the Town installed upon the declaration of a state of emergency by the federal, state, or local government or other written determination of need by the federal, state or local government.

e.

A temporary wireless facility installed for the purpose of providing sufficient coverage for a special event, subject to administrative approval by the Town.

(d)

Wireless Communications Facilities Design Guidelines. The Town Council adopts design guidelines, hereinafter referred to as the Wireless Communications Facilities Design Guidelines ("Design Guidelines"), which are incorporated into the Town of Snowmass Village Land Use and Development Code. The Design Guidelines set forth the design parameters to ensure safe and secure installation and minimize negative aesthetic impacts of wireless communications facilities installed on private property or in the public ROW. The Town may administratively revise, develop new, update, or amend the Design Guidelines as necessary to meet the goals of the Town.

(e)

Operational Standards.

(1)

Federal Requirements. All WCFs shall meet the current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate WCFs, including, without limitation, the requirement that WCFs shall not present a hazard to air navigation under Part 77, Federal Aviation, Federal Aviation Regulations. If such standards and regulations are changed, then the owners of the WCF shall bring such facility into compliance with such revised standards and regulations within the time period mandated by the controlling federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the WCF at the WCF owner's expense.

(2)

Signal Interference. All WCFs shall be designed and sited, consistent with applicable federal regulations, so as not to cause interference with the normal operation of radio, television, telephone and other communication services utilized by adjacent residential and non-residential properties; nor shall any such facilities interfere with any public safety communications. The Applicant shall provide a written statement from a qualified radio frequency engineer, certifying that a technical evaluation of existing and proposed facilities indicates no potential interference problems and shall allow the Town to monitor interference levels with public safety communications during this process. Additionally, the Applicant shall notify the Town at least ten (10) calendar days prior to the introduction of new service or changes in existing service and shall allow the Town to monitor interference levels with public safety communications during the testing process.

(3)

Radio Frequency Standards. All WCFs shall comply with federal standards for radio frequency emissions. The wireless provider shall certify that the WCF is in compliance with applicable FCC Maximum Permissible Exposure (MPE) regulations, by submitting a site-specific non-ionizing electromagnetic radiation (NIER) or electromagnetic energy (EME) report for the WCF equipment type and model being installed at the site that is endorsed by a radiofrequency engineer licensed in the State of Colorado, including a certification that the WCF complies with all radiation and electromagnetic standards. The report shall specify approach distances to the general public and occupational workers at the ground and antenna centerline levels. The report shall include instructions regarding powering off the equipment or contact information for a person who can power off the equipment. No significant changes to the power, location, RF emission patterns and/or emitting frequencies may be made without prior notification and approval. However, non-substantive changes, for example, in-kind replacements of transmitters of the same frequency, radiation patterns and power are permitted. The Town retains the right to independently verify the RF patterns as installed.

(4)

Public Safety. The wireless provider shall comply with all applicable codes and local code provisions or regulations that concern public safety. Wireless Communication Facilities must not result in human exposure to radio frequency radiation in excess of applicable safety standards specified in 47 CFR Rule 1.1307(b). After transmitter and antenna system optimization, but prior to unattended operations of the facility, the wireless provider or its representative must conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit. The wireless provider shall submit documentation of this testing to the Town within ninety (90) days after installation of the facility. RF emissions testing shall be conducted annually, and the wireless provider shall submit documentation of this testing to the Town within ninety (90) days after the testing is completed.

(5)

License to Use. The Applicant may execute a license agreement (a.k.a. Master License Agreement) with the Town, granting a non-exclusive license to use the Public ROW. Attachment of WCFs on an existing streetlight pole or similar structure shall require written evidence of a license, or other legal right or approval, to use such structure by its owner.

(6)

Operation and Maintenance. To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with the standards contained in applicable local building, safety, and engineering codes. If upon inspection, the Town concludes that a WCF 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 WCF, the owner shall have thirty (30) days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the Town may extend such compliance period not to exceed ninety (90) days from the date of said notice. If the owner fails to bring such WCF into compliance within said time period, the Town may remove such WCF at the owner's expense.

(7)

Abandonment and Removal. If a WCF has not been in use for a period of three (3) months, the owner of the WCF shall notify the Town of the non-use and shall indicate whether re-use is expected within the ensuing three (3) months. Any WCF that is not operated for a continuous period of six (6) months shall be considered abandoned. The Town, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall commence removal of the same within thirty (30) days of receipt of written notice from the Town. If such WCF is not removed within said thirty (30) days, the Town may remove it at the owner's expense and any approved permits for the WCF shall be deemed to have expired.

Additionally, the Town, in its sole discretion, shall not approve any new WCF application until the Applicant who is also the owner or operator of any such abandoned WCF has removed such WCF or payment for such removal has been made to the Town.

(8)

Hazardous Materials. No hazardous materials shall be permitted in association with WCFs, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials.

(9)

Collocation. No WCF owner or operator shall unreasonably exclude a telecommunications competitor from using the same facility or location. Upon request by the Town, the owner or operator shall provide evidence explaining why Collocation is not possible at a particular facility or site.

(10)

Compliance with Applicable Law. Notwithstanding the approval of an application for new WCFs or Eligible Facilities Request as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building, structural, engineering, electrical, and safety requirements as set forth in the Town's Municipal Code and any other applicable laws or regulations. In addition, all WCF applications shall comply with the following:

a.

Comply with any permit or license issued by a local, state, or federal agency with jurisdiction of the WCF;

b.

Comply with easements, covenants, conditions and/or restrictions on or applicable to the underlying real property;

c.

Be maintained in good working condition and to the standards established at the time of application approval; and

d.

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 Town or after discovery by the owner or operator of the Site. Notwithstanding the foregoing, any graffiti on WCFs located in the Public ROW or on Public Property may be removed by the Town at its discretion, and the owner and/or operator of the WCF shall pay all costs of such removal within thirty (30) days after receipt of an invoice from the Town.

(f)

Review Procedures. No new wireless facility shall be constructed, and no collocation or modification to any existing wireless facility may occur except after submittal of an application and approval by the Town to ensure compliance with the applicable provisions of the Town's Land Use and Development Code and Municipal Code. All work done pursuant to wireless facility applications must be completed in accordance with all applicable building and safety requirements and any other applicable regulations. The review process varies according to the type and location of the proposed facility. The review process is intended to ensure that the facility will be designed and sited in a manner that complies with the provisions on this Section and uses the Wireless Communications Facilities Design Guidelines in such a way to minimize negative impacts on surrounding property.

(1)

Review Procedures for Certain WCFs, including Base Stations, Alternative Tower Structures, and Alternative Tower Structures within Public ROW, but excepting Eligible Facilities Requests, and Small Cell Facilities in the ROW.

In all zone districts, applications for these WCF facilities shall be reviewed by the Town for conformance to this Section and using the Wireless Communications Facilities Design Guidelines. For WCFs in the ROW, except for Small Cell Facilities in the ROW, that are found to have a significant visual impact (e.g., obstructing views), be incompatible with the structure or surrounding area, or not meet the intent of these provisions, the Town may refer the application to the Planning Commission, as applicable, for a Special Review determination.

(2)

Review Procedures for Towers. In all zone districts, Towers, other than those defined or excepted in paragraph 16A-3-250(f)(1) above, must apply for Special Review approval. These WCFs shall be reviewed for conformance using the procedures set forth in paragraph 16A-3-250(f)(11). All applications for Towers shall demonstrate that other alternative design options, such as using Base Stations or Alternative Tower Structures, are not viable options as determined by the Town.

(3)

Review Procedures for Eligible Facilities Requests.

a.

In all zone districts, Eligible Facilities Requests shall be considered a permitted use, subject to administrative review. The Town shall prepare, and from time-to-time revise, and make publicly available, an application form which shall require submittal of information necessary for the Town to consider whether an application is an Eligible Facilities Request. Such required information may include, without limitation, whether the project:

1.

Constitutes a Substantial Change; or

2.

Violates a generally applicable law, regulation, or other rule codifying objective standards reasonably related to public health and safety.

b.

Upon receipt of an application for an Eligible Facilities Request pursuant to this Section, the Town shall review such application to determine whether the application so qualifies.

c.

Timeframe for Review. Subject to the tolling provisions of subparagraph (d) below, within sixty (60) calendar days of the date on which an applicant submits a complete application seeking approval under this subsection, the Town shall approve the application unless it determines that the application is not covered by this Subsection, or otherwise in non-conformance with applicable codes.

d.

Tolling of the Timeframe for Review. The sixty-day review period begins to run when the application is filed, and may be tolled only by mutual agreement of the Town and the applicant, or in cases where the Town determines that the application is incomplete:

1.

To toll the timeframe for incompleteness, the Town 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 timeframe for review begins running again the following business day after the applicant makes a supplemental written submission in response to the Town's notice of incompleteness; and

3.

Following a supplemental submission, the Town will notify the applicant within ten (10) days that if the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in paragraph (1) of this subsection. In the case of a second or subsequent notice of incompleteness, the Town may not specify missing information or documents that were not delineated in the original notice of incompleteness.

e.

Failure to Act. In the event the Town fails to act on a request seeking approval for an Eligible Facilities Request under this Section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The request becomes effective when the applicant notifies the Town in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

f.

Interaction with Telecommunications Act Section 332(c)(7). If the Town 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) of the Telecommunication Act, as prescribed by the FCC's Shot Clock order, will begin to run from the issuance of the Town's decision that the application is not a covered request. To the extent such information is necessary, the Town may request additional information from the applicant to evaluate the application under Section 332(c)(7) reviews.

(4)

Review Procedures for Small Cell Facilities in the Public ROW.

a.

The Town shall prepare, and from time-to-time revise, and make publicly available, an application form which shall require submittal of information necessary for the Town to consider whether an application is a Small Cell Facility in the public ROW request.

b.

Small Cell Facilities in the public ROW may be approved pursuant to a Master License Agreement or similar form of authorization or individually in accordance with the provisions of this subsection.

c.

Within ten (10) days of receipt of the application, the Town shall provide written comments to the applicant determining completeness of the application and setting forth any modifications required to complete the application to bring the proposal into full compliance with the requirements of this Section.

d.

The Town shall review the completed application for conformance with the provisions in this Section and may approve or deny an application administratively within ninety (90) days of the date the application is submitted for new stand-alone facilities or sixty (60) days for facilities collocated on Town infrastructure.

1.

To toll the timeframe for incompleteness, the Town 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;

2.

The timeframe for review resets to zero (0) when the Applicant makes a supplemental written submission in response to the Town's notice of incompleteness; and

3.

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

e.

Consolidated Applications. The Town shall allow a wireless provider to file a consolidated application for small cell facilities and receive a single approval for the consolidated application. The Town's denial of any individual small cell facility is not a basis to deny the application as a whole or any other small cell facility incorporated within the consolidated application.

(5)

General. Except for applications under subsections (3) and (4) above, pursuant to Section 16A-5-30, the applicant shall conduct a pre-application conference with Town staff. Town staff shall then prepare a pre-application summary describing the submission requirements and any other pertinent land use and development material, the fees associated with the reviews and the review process in general. A pre-application conference is not required, but is strongly recommended, for Eligible Facility Requests or Small Cells in the ROW.

(6)

Administrative Review. Except for applications under subsections (3) and (4) above, after the pre-application summary is received by the applicant, said applicant shall prepare an application for review and approval by staff. In order to proceed with additional land use and development reviews or obtain a development order, the Town shall find the submitted development application consistent with the provisions, requirements and standards of this Section and the Wireless Communications Facilities Design Guidelines.

(7)

Decision. Any decision to approve, approve with conditions, or deny an application for a WCF, shall be in writing and supported by substantial evidence in a written record. The applicant shall receive a copy of the decision.

(8)

Appeal of Decision. The Community Development Director may apply reasonable conditions to the approval as deemed necessary to ensure conformance with applicable review criteria in the Wireless Communications Facilities Design Guidelines. If the Community Development Director determines that the proposed WCFs and equipment do not comply with the review criteria and denies the application or the applicant does not agree to the conditions of approval determined by the Community Development Director, the applicant may apply for special review (Town Code Section 16A-5-230) by the Planning Commission and such application must be made within fifteen (15) calendar days of the day on which the Community Development Director's decision is rendered. All appeals shall require public hearings and shall be noticed by the applicant in accordance with Section 16A-5-60 of this Code.

(9)

Building Permit. A Building Permit shall be submitted concurrently with the Development Application. Depending on the nature of project, a full Building Permit may be necessary, or, as would be the case for most Eligible Facilities Requests, an Electrical Permit. A contractor for the proposed work must be identified with the submitted application. A Building or Electrical Permit without an identified contractor will be deemed incomplete - and the application will be tolled until the contractor is identified.

(10)

Right-of-Way (ROW) Permit. For all facilities located in the public ROW, a ROW Permit application shall be submitted concurrently with the Development Application. A contractor for the proposed work must be identified with the submitted application. A ROW permit without an identified contractor will be deemed incomplete - and the application will be tolled until the contractor is identified. Additionally, an Electrical Permit shall be required for any installation that involves line voltage.

(11)

Special Review. An application requesting a variance from the review standards as set forth in this Section and the Wireless Communications Facilities Design Guidelines (except for Eligible Facilities Requests) or an appeal of a determination made by the Community Development Director, shall be processed as a special review in accordance with the common development review procedures set forth in Town Code Section 16A-5-20, and the Special Review Section 16A-5-230 of Town Code. The special review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Section 16A-5-60. The review shall be by the Planning Commission.

(g)

Application Contents. An application for approval of new WCFs and modified or additional WCFs, Eligible Facilities Requests, and Small Cell Facilities Requests shall comply with the submittal requirements applicable to all Development Reviews pursuant to Town Code Section 16A-5-20 - Overview of Common Development Review Procedure. Additionally, depending on their nature, required Building, Electrical, and/or ROW permits shall be submitted concurrent to the Development Application. Please note that pursuant to Section 16A-5-30 of the Town's Code, a pre-application conference is not required, but is strongly recommended, for Eligible Facility Requests or Small Cells in the ROW.

Pursuant to Town Code Section 16A-5-40, a WCF development application for a WCF not located in the public ROW may only be submitted to the Planning Department by the owner, or any other person having a recognized interest in the land for which the development is proposed, or their authorized agent. If the applicant is not the owner of the land, or is a contract purchaser of the land, the applicant shall submit a letter signed by the owner consenting to the submission of the application. If the applicant is not the sole owner of the land, the applicant shall submit a letter signed by the other owners, or an association representing the owners, consenting to or joining in the development application.

Also, Pursuant to Town Code Section 16A-5-40, the development application shall include the information and materials specified for that particular type of application in the applicable Section of Article V of Chapter 16A of the Town's Code. In addition, all development applications shall, at a minimum, include the following information and materials:

(1)

Name, Address, Telephone Number and Power of Attorney. The applicant's name, address and telephone number. If the applicant is to be represented by an agent, a letter signed by the applicant granting power of attorney to the agent shall be submitted, authorizing the agent to represent the applicant and stating the representative's name, address and phone number.

(2)

Legal Description. The legal description and street address, if such exists, of the parcel on which the WCF development is proposed.

(3)

Disclosure of Ownership. If the property is not located in the public ROW, a current certificate from a title insurance company or attorney licensed in the State which shall set forth the names of all owners of property included in the application and shall include a list of all mortgages, judgments, liens, contracts, easements or agreements of record that affect the property. At the Town's option, the holders or owners of such mortgages, judgments, liens, contracts, easements, or agreements of record may be required to consent to the application before it is acted upon by the Town.

(4)

Written Description. A written description of the proposal and an explanation, in written, graphic or model form, of how the proposed development complies with the review standards applicable to the application, found in the applicable Section of Article V of Chapter 16A of the Town's Code.

(5)

Vicinity Map. An eight and one-half inch by eleven-inch (8½" x 11") vicinity map locating the subject parcel within the Town.

(6)

Other Maps. All other maps required for the application shall be prepared at a scale of one inch equals one hundred feet (1" = 100') or larger, on sheets no larger than thirty inches by forty-two inches (30" x 42"), with an unencumbered margin of one and one-half inches (1.5") on the left hand side of the sheet and one-half inch (0.5") around the other three (3) sides of the sheet. Sheets of twenty-four by thirty-six inches (24" x 36") are preferred. If it is necessary to place information on more than one (1) sheet, an index shall be included on the first sheet. Report-size versions of all maps, reduced to a sheet size of no greater than eleven inches by seventeen inches (11" x 17"), shall also be submitted.

(7)

Base Fee. All WCF development applications, except for small wireless facility development applications in the ROW, shall be accompanied by the applicable base fee from the Planning Department's fee schedule. The fee schedule shall be established and may be revised from time-to-time by the Planning Director. The fee schedule shall be available for review in the Planning Department during normal business hours.

a.

Actual Fee. The actual review fee shall be computed by the Planning Director, based upon a staff hourly rate determined by the Planning Director to be an estimate of the fully allocated hourly cost of review of the application by the Town staff, plus the actual costs incurred by the Town in employing consultants, including attorneys and engineers, performing services for the Town directly related to the application.

b.

Reimbursement Due. The applicant shall reimburse the Town for such amounts in excess of the base fee as determined by the Planning Director. The reimbursement to the Town by the applicant shall be due and payable within fifteen (15) days of the date of billing.

c.

The Town retains the right to require an applicant to pay the fees and costs of any consultant engaged by the Town to assist in the review of plans, applications, reports, inspections, and/or testing.

The applicable fees for small cell facility development applications in the public ROW shall be as follows:

a.

The application fee for an application to collocate a small wireless facility that includes the installation of a new pole shall be: (i) not less than [a] one thousand dollar ($1,000.00) one-time fee for each Small Wireless Facility addressed in an application that includes a new pole; or (ii) established by the Town by resolution as a reasonable, non-discriminatory approximation of the Town's costs; or (iii) agreed upon by the Town and a permittee in a Master License Agreement.

b.

The application fee for an application to collocate a small wireless facility on an existing streetlight pole or wireless support structure, or replacement of an existing streetlight pole or wireless support structure shall be (i) not less than [a] five hundred dollar ($500.00) one-time fee for a single up-front application that includes up to five (5) Small Wireless Facilities, with an additional one hundred dollars ($100.00) for each Small Wireless Facility beyond five (5); or (ii) established by the Town by resolution as a reasonable, non-discriminatory approximation of the Town's costs; or (iii) agreed upon by the Town and a permittee in a Master License Agreement.

c.

A wireless provider shall pay to the Town an annual recurring license fee: (i) not less than two hundred seventy dollars ($270.00) per small wireless facility on a Town streetlight pole located in a ROW; or (ii) established by the Town by resolution as a reasonable, non-discriminatory approximation of the Town's costs; or (iii) agreed upon by the Town and a permittee in a Master License Agreement.

The annual recurring license fee shall be payable on the first day after the first annual anniversary of the issuance of the permit or notice of intent to collocate, and on each annual anniversary date thereafter.

d.

The Town retains the right to require an applicant to pay the fees and costs of any consultant engaged by the Town to assist in the review of plans, applications, reports, inspections, and/or testing.

(8)

Additional Application Requirements and Conditions for Small Cell Facility Development Applications in the Public ROW.

a.

Site specific structural integrity and, for a Municipal streetlight pole, make-ready analysis prepared by a Colorado licensed structural engineer.

b.

The location where each proposed small wireless facility would be installed and photographs of the location and its immediate surroundings depicting the streetlight poles or structures on which each proposed small wireless facility would be mounted or location where wireless support structures would be installed. This should include a depiction of the completed facility.

c.

Specifications and drawings prepared by a Colorado licensed structural engineer for each proposed small wireless facility covered by the application as it is proposed to be installed.

d.

The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility.

e.

A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved.

f.

Certification that the collocation complies with the collocation requirements and conditions contained herein, to the best of the applicant's knowledge.

g.

In the event that the proposed small wireless facility is to be attached to an existing pole owned by an entity other than the Town, the wireless provider shall provide legally competent evidence of the consent of the owner of such pole to the proposed collocation.

h.

The first completed application shall have priority over applications received by different applicants for collocation on the same streetlight pole or wireless support structure. For all new pole installations, the Town retains the right to require a second applicant for the same general space to install a new pole capable of collocating both applicants internally in the pole, where technically feasible and financially reasonable. The first applicant is required to allow the subsequent applicant to replace the pole with a multi-cell pole. The original pole shall be made available to the installing applicant to salvage. If not retrieved in thirty (30) days, the pole shall be declared abandoned and disposed.

i.

The Town shall deny an application which does not meet the requirements of this subsection.

If the Town determines that applicable codes, ordinances or regulations that concern public safety, or the collocation requirements and conditions contained herein require that the streetlight pole or wireless support structure be replaced before the requested collocation, approval shall be conditioned on the replacement of the streetlight pole or wireless support structure at the cost of the provider.

The Town shall document the basis for a denial, including the specific code provisions or application conditions on which the denial is based, and send the documentation to the applicant.

The applicant may cure the deficiencies identified by the Town and resubmit the revised application once within thirty (30) days after notice of denial is sent to the applicant without paying an additional application fee. The Town shall approve or deny the revised application within thirty (30) days after the applicant resubmits the application. Failure to resubmit the revised application within thirty (30) days of denial shall require the applicant to submit a new application with applicable fees, and recommencement of the Town's review period.

Any review of a revised application shall be limited to the deficiencies cited in the denial. However, this revised application does not apply if the cure requires the review of a new location, new or different structure to be collocated upon, new antennas, or other wireless equipment associated with the small wireless facility.

j.

Master License Agreement: In addition to providing a permit, to collocate a small wireless facility on a Municipal streetlight pole, the Town, by and through the Town Council, and the applicant may enter into a Master License Agreement, provided by the Town for the initial collocation. A copy of said Agreement is on file in the Town and incorporated herein by reference as exhibit A. For subsequent approved permits to collocate on a small wireless facility on a Municipal streetlight pole, the Town, by and through the Town Manager, or designee, and the applicant may enter into a License Supplement of the Master License Agreement in a form approved by the Town Manager for such purpose.

(h)

Conditions and Limitations. The Town shall reserve the right to add, modify or delete conditions after the approval of a request in order to advance a legitimate Town interest related to health, safety or welfare. Prior to exercising this right, the Town shall notify the owner and operator in advance and shall not impose a substantial expense or deprive the affected party of a substantial revenue source in the exercising of such right.

Approval by the Community Development Director for a WCF and/or equipment application shall not be construed to waive any applicable zoning or other regulations; and wherein not otherwise specified, all other requirements of Town Code shall apply, including Chapter 11 - Streets, Sidewalks and Public Property, Chapter 16A - Land Use and Development Code, and Chapter 18 - Building Regulations. All requests for modifications of existing facilities or approvals shall be submitted to the Community Development Director for review under all provisions and requirements of this Section. If other than minor changes are proposed, a new, complete application containing all proposed revisions shall be required.

(Ord. 4-1998 §1; Ord. 01-2021, §2(Exh. A))

Editor's note— Ord. 01-2021 §2(Exh. A), adopted Feb. 16, 2021, changed the title of § 16A-3-250 from "Antenna reception or transmission devices" to read as herein set out.