Woodland Park City Zoning Code

Principal or Accessory Use. Notwithstanding any other land use regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use otherwise, the use shall be considered accessory.

Leased Area. For purposes of determining whether the installation of a tower or antenna complies with zoning regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

State and Federal Requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Building Codes: Safety Standards. To ensure the structural integrity of towers, the owner of a tower or antenna shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association and Telecommunications Industry Association, as amended from time to time. If, upon inspection, the Borough concludes that a tower or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower or antenna, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower or antenna into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Nonessential Services. Telecommunications towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

Inventory of Existing Structures. Each applicant for an antenna and/or tower shall provide to the Borough Zoning Officer an inventory of all existing towers, antennas, or sites approved for towers or antennas that are either within the jurisdiction of the Borough or within one (1) mile of the border thereof, including specific information about the ownership, location, height, and design of each tower. The Borough Zoning Officer may share such information with other applicants applying for approvals under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough; provided, however, that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Co-Location Required. The Borough mandates that carriers co-locate antennas on towers and other structures whenever possible.

Conditional Use. All telecommunications facilities in the Borough shall be conditional uses in accordance with N.J.S.A. 40:55D-67.

Site Plan Required. Site plan approval by the appropriate Borough agency consistent with this section, and the Borough's land use ordinances, shall be required for all new telecommunications facilities in the Borough including modifications to or addition of new telecommunications facilities to legally pre-existing towers, buildings or other structures.