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ORDINANCE NO. 9069
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII
RELATING TO MODIFICATIONS OF EXISTING
TELECOMMUNICATIONS TOWERS AND PROCEDURES
APPLICABLE TO PROCESSING REQUESTS FOR SUCH
MODIFICATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 17-4-64 of the Pueblo Municipal Code is hereby amended to read as follows:
Sec. 17-4-64. - Administrative approval of certain uses.
\[\]Except for eligible facilities requests made pursuant to Section
(a) General. The
17-4-64.5, the
following provisions shall govern the issuance of administrative approvals for
towers and antennas:
(1) The Zoning Administrator may administratively approve the uses listed in
this Section.
(2) Each applicant for administrative approval shall apply to the Zoning
Administrator providing the information set forth in Sections 17-4-65(b)(1) and 17-4-
65(b)(3) of this Article and a nonrefundable fee as established by Resolution of the City
Council to reimburse the City for the costs of reviewing the application.
(3) The Zoning Administrator shall review the application for administrative
approval and determine if the proposed use complies with Sections 17-4-62 and 17-4-
65(b)(4) and 17-4-65(b)(5) of this Title.
(4) The Zoning Administrator shall respond to each such application within
sixty (60) days after receiving it by either approving or denying the application. If the
Zoning Administrator fails to respond to the applicant within said sixty (60) days, then the
application shall be deemed to be denied.
(5) In connection with any such administrative approval, the Zoning
Administrator may, in order to encourage shared use, administratively waive any zoning
district setback requirements in Section 17-4-65(b)(4) or separation distances between
towers in Section 17-4-65(b)(5) by up to fifty percent (50%).
(6) In connection with any such administrative approval, the Zoning
Administrator may, in order to encourage the use of monopoles, administratively allow the
reconstruction of an existing tower to monopole construction.
(7) If an administrative approval is denied or deemed to be denied, the
applicant shall file an application for a special use permit pursuant to Section 17-4-65 prior
to filing any appeal that may be available under the Zoning Ordinance.
(b) List of Administratively Approved Uses. The following uses may be approved by
the Zoning Administrator after conducting an administrative review:
\[
(1) Locating a tower or antenna, including the placement of additional
\]
buildings or other supporting equipment used in connection with said tower or antenna,
in any I-3 or S-3 zone district.
\[\] Except for eligible facilities requests approved pursuant to
(2) Locating
Section 17-4-64.5, locating
antennas on existing structures or towers consistent with the
terms of Subsections a and b below.
a. Antennas on existing structures. Any antenna which is not attached
to a tower may be approved by the Zoning Administrator as an accessory use
to any commercial, industrial, professional, institutional or multifamily structure
of eight (8) or more dwelling units, provided:
1. The antenna does not extend more than thirty (30) feet
above the highest point of the structure;
2. The antenna complies with all applicable FCC and FAA
regulations; and
3. The antenna complies with all applicable building codes.
b. Antennas on existing towers. An antenna which is attached to an
existing tower may be approved by the Zoning Administrator and, to minimize
adverse visual impacts associated with the proliferation and clustering of towers,
collocation of antennas by more than one (1) carrier on existing towers shall
take precedence over the construction of new towers, provided such collocation
is accomplished in a manner consistent with the following:
1. A tower which is modified or reconstructed to accommodate
the collocation of an additional antenna shall be of the same tower type as
the existing tower, unless the Zoning Administrator allows reconstruction
as a monopole.
2. Height.
a) An existing tower may be modified or rebuilt to a
taller height, not to exceed thirty (30) feet over the tower's existing
heights to accommodate the collocation of an additional antenna.
b) The height change referred to in paragraph 2a)
above may only occur one (1) time per communication tower.
c) The additional height referred to in paragraph 2a)
above shall not require an additional distance separation as set
forth in Section 17-4-65. The tower's premodification height shall be
used to calculate such distance separations.
3. Onsite location.
a) A tower which is being rebuilt to accommodate the
collocation of an additional antenna may be moved onsite within
fifty (50) feet of its existing location.
b) After the tower is rebuilt to accommodate
collocation, only one (1) tower may remain on the site.
c) A relocated onsite tower shall continue to be
measured from the original tower location for purposes of
calculating separation distances between towers pursuant
to Section 17-4-65(b)(5). The relocation of a tower hereunder shall
in no way be deemed to cause a violation of Section 17-4-65(b)(5).
d) The onsite relocation of a tower which comes within
the separation distances to residential units or residentially zoned
lands as established in Section 17-4-65(b)(5) shall only be
permitted when approved by the Zoning Administrator.
(3) Locating any new tower in an A-1, A-2, B-3, B-4, I-1 or I-2 zoning district,
provided a licensed professional engineer certifies the tower can structurally
accommodate the number of shared users proposed by the applicant, the Zoning
Administrator concludes the tower is in conformity with the goals set forth in Section 17-
4-61 and the requirements of Section 17-4-62; the tower meets the setback requirements
in Section 17-4-65(b)(4) and separation distances in Section 17-4-65(b)(5); and the tower
meets the following height and usage criteria:
a. For a single user, up to eighty (80) feet in height;
b. For two (2) users, up to one hundred ten (110) feet in height; and
c. For three (3) or more users, up to one hundred thirty (130) feet in
height.
(4) Locating any alternative tower structure in an A-1, A-2, B-3, B-4, I-1 or I-2
zoning district that in the judgment of the Zoning Administrator is in conformity with the
goals set forth in Section 17-4-61 of this Chapter.
(5) Installing a cable microcell network through the use of multiple low-
powered transmitters/receivers attached to existing wireline systems, such as
conventional cable or telephone wires, or similar technology that does not require the use
of towers.
SECTION 2.
Chapter 4 of Title 17 of the Pueblo Municipal Code is hereby amended by the addition of
a new Section 17-4-64.5 to read as follows:
Sec. 17-4-64.5 – Eligible Facilities Requests
(a) Definitions. When used in this Section:
(1) means a structure or equipment at a fixed location that
Base Station
enables FCC-licensed or authorized wireless communications between user
equipment and a communications network. The term does not encompass a tower
as defined herein or any equipment associated with a tower. Base Station
includes, without limitation:
a. 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.
b. Radio transceivers, antennas, coaxial or fiber-optic
cable, regular and backup power supplies, and comparable equipment,
regardless of technological configuration (including Distributed Antenna
Systems (“DAS”) and small-cell networks).
c. Any structure other than a tower that, at the time the
relevant application is filed with the Zoning Administrator under this
Section, supports or houses equipment described in the above
Subsections 17-4-64.5(a)(1) a. and b. that has been reviewed and approved
under this Chapter or constitutes a preexisting tower or antenna.
The term does not include any structure that, at the time the relevant application
is filed with the Zoning Administrator under this Section, does not support or
house equipment described in the above Subsections 17-4-64.5(a)(1) a. and b.
(2) means the mounting or installation of transmission
Collocation
equipment on an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
(3) means any request for modification of
Eligible Facilities Request
an existing tower or base station that does not substantially change the physical
dimensions of such tower or base station, involving:
i. Collocation of new transmission equipment;
ii. Removal of transmission equipment; or
iii. Replacement of transmission equipment.
(4) means a tower or base station as defined
Eligible support structure
in this Section, provided that it is existing at the time the relevant application is
filed with the Zoning Administrator under this Section.
(5) means a constructed tower or base station which has been
Existing
reviewed and approved under this Chapter or constitutes a preexisting tower or
antenna.
(6) For towers other than towers in the public rights-of-way, the
Site.
current boundaries of the leased or owned property surrounding the tower and
any access or utility easements currently related to the site, and, for other eligible
support structures, further restricted to that area in proximity to the structure and
to other transmission equipment already deployed on the ground.
(7) . A modification substantially changes the
Substantial Change
physical dimensions of an eligible support structure if it meets any of the
following criteria:
a. For towers other than towers in the public rights-of-
way, it increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed twenty feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more than
10% or more than ten feet, whichever is greater;
b. For towers other than towers in the public rights-of-
way, it involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than twenty feet, or more than
the width of the Tower structure at the level of the appurtenance, whichever
is greater; for other 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 six 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 cabinets; or, for towers
in the public rights-of-way 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 10% larger in height or overall volume
than any other ground cabinets associated with the structure;
d. It entails any excavation or deployment outside the
current site;
e. It would defeat the concealment elements of the
eligible support structure; or
f. 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, provided however that this
limitation does not apply to any modification that is non-compliant only in
a manner that would not exceed the thresholds identified in the above
Subsections 17-4-64.5(7) a. - d.
(8) . Equipment that facilitates transmission
Transmission Equipment
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.
(9) . Any structure built for the sole or primary purpose of
Tower
supporting any 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.
(b) Application Review.
(1) Application. The Zoning Administrator shall prepare and make
publicly available an application form which shall be limited to the information
necessary for the Zoning Administrator to consider whether an application is an
Eligible Facilities Request. The application may not require the applicant to
demonstrate a need or business case for the proposed modification.
(2) Type of Review.Upon receipt of an application for an Eligible
Facilities Request pursuant to this Chapter, the Zoning Administrator shall review
such application to determine whether the application so qualifies.
(3) Timeframe for Review.Subject to the tolling provisions set forth in
Section 17-4-64.5(b)(4), within 60 days of the date on which an applicant submits
an application seeking approval under this Section, the Zoning Administrator
shall approve the application unless it determines that the application is not
covered by this Section.
(4) Tolling of the Timeframe for Review.The 60-day review period
begins to run when the application is filed, and may be tolled only by mutual
agreement by the Zoning Administrator and the applicant, or in cases where the
Zoning Administrator determines that the application is incomplete. The
timeframe for review is not tolled by a moratorium on the review of applications.
a. To toll the timeframe for incompleteness, the Zoning
Administrator must provide written notice to the applicant within 30 days
of receipt of the application, specifically delineating all missing documents
or information required in the application.
b. The timeframe for review begins running again when the
applicant makes a supplemental submission in response to the Zoning
Administrator’s notice of incompleteness.
c. Following a supplemental submission, the Zoning
Administrator will notify the applicant within 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 this
Subsection 17-4-64.5(b)(4). Second or subsequent notices of
incompleteness may not specify missing documents or information that
were not delineated in the original notice of incompleteness.
(5) Failure to Act.In the event the Zoning Administrator fails to approve
or deny a request seeking approval under this Chapter within the time frame for
review, accounting for any tolling, the request shall be deemed granted. The
deemed grant does not become effective until the applicant notifies the applicable
reviewing authority in writing after the review period has expired, accounting for
any tolling, that the application has been deemed granted.
(6) Remedies. Applicants and City may bring claims related to Section
6409(a) of the Middle Class Tax Relief and Jobs Creation Act of 2012, 112 Pub. L.
96 ,47 U.S.C. §1455, to any court of competent city.
codified at
SECTION 3.
The officers of the City are directed and authorized to perform any and all acts consistent
with the intent of this Ordinance to effectuate the policies and procedures described herein.
SECTION 4.
This Ordinance shall become effective immediately upon final passage.
INTRODUCED: November 14, 2016
BY: Ed Brown
PASSED AND APPROVED: November 28, 2016
City Clerk’s Office Item # R-10
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:
November 14, 2016
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XVII RELATING TO
MODIFICATIONS OF EXISTING TELECOMMUNICATIONS TOWERS AND
PROCEDURES APPLICABLE TO PROCESSING REQUESTS FOR SUCH
MODIFICATIONS
SUMMARY:
Attached for consideration is a text amendment that will amend Chapter 4 of Title XVII relating to
modifications of existing cell towers
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, as interpreted by the
October 21, 2014 Federal Communications Commission’s Acceleration of Broadband
Deployment Report & Order, requires a local government to approve any eligible facilities request
for a colocation on, or modification of an existing tower or base station that does not substantially
change the physical dimensions of such tower or base station. The purpose of the proposed
Ordinance is to make the current provisions of Chapter 4 of Title XVII relating to Tower and
Antenna Requirements consistent with the requirements of the foregoing legislation while
maintaining local authority that remains with respect to such requests.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their October 12, 2016 Regular Meeting, voted 5-0
(Lujan-Slak and Lucas absent) to recommend approval with the following condition:
1. Change “Jurisdiction” to “City” in Section 17-4-64.5 (b)(6)
The Ordinance has been modified to reflect this condition of approval.
STAKEHOLDER PROCESS:
A Notice of Public Hearing was published in the Pueblo Chieftain and a Public Hearing was held
before the Planning and Zoning Commission on October 12, 2016.
ALTERNATIVES:
If City Council does not approve this Ordinance, Title XVII of the Pueblo Municipal Code will not
be amended to reflect the proposed changes.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Minutes of the Planning and Zoning Commission October 12, 2016 Meeting
Staff Report for Text Amendment TA-16-02
Notice of Public Hearing